Jerome Simmons, CSC Docket No. 2022-1848
NJ Civil Service Commission decision of November 23, 2022, CSC Docket No. 2022-1848: discipline, penalty upheld. Jerome Simmons, Senior Youth Aide, Bergen County, Department of Human Services, removal, effective January 24. 2022, on charges of on charges of incompetency, inefficiency or failure to p
Commission decisions · Meeting of November 23, 2022
Jerome Simmons, Senior Youth Aide, Bergen County, Department of Human Services, removal, effective January 24. 2022, on charges of on charges of incompetency, inefficiency or failure to perform duties, inability to perform duties, chronic or excessive absenteeism or lateness, conduct unbecoming a public employee, neglect of duty and other sufficient cause.
- Matter
- Discipline
- Decided
- November 23, 2022, item A-5
- Outcome
- Penalty upheld
- ALJ's recommendation
- Uphold the removal.
- What the Commission did with it
- Adopted the ALJ's recommendation
- Penalty appealed
- removal
- Title
- SENIOR YOUTH AIDE
- Employer
- Bergen County
- Chair at the time
- Deirdre L. Webster Cobb, Chairperson
- Official decision
- Published by CSC in its monthly archive bundle (A005 SIMMONS JEROME.pdf)
Action recorded in the minutes: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
This docket at the Commission
- October 12, 2022, item A-7Sent back to the Office of Administrative LawThe Civil Service Commission remanded the matter to the Office of Administrative Law.
- November 23, 2022, item A-5Penalty upheldThe Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
The decision
CSC published this decision as a scanned image. The text below was recognized by OCR, read twice and checked against the meeting minutes, but OCR can misread a word. The official document is the record.
BackgroundThe appeal of Jerome Simmons, Senior Youth Aide, Bergen County, Department of Human Services, removal, effective January 24. 2022, on charges was before Administrative Law Judge Gail M. Cookson (ALJ), who rendered her initial decision on November 3, 2022. No exceptions were filed.
AnalysisHaving considered the record and the ALJ’s initial decision, and having made an independent evaluation of the record, the Civil Service Commission (Commission), at its meeting of November 23, 2022, accepted and adopted the Findings of Fact and Conclusion as contained in the attached ALJ’s initial decisions.
This matter was initially decided by the ALJ via an August 25, 2022, initial decision. Upon reviewing that initial decision, the Commission had concerns regarding its procedural disposition, and thus, remanded it to Office of Administrative Law to allow the ALJ to more explicitly lay out the procedural disposition of the case. On remand, the ALJ explained the underlying procedural disposition of the case. She also indicated that she was again recommending upholding the charges and the removal of the appellant from employment. Upon its de novo review, the Commission is satisfied with the ALJ’s explanations on remand and, therefore, affirms the ALJ’s initial decision.
ORDER
The Civil Service Commission finds that the action of the appointing authority in removing the appellant was justified. The Commission therefore affirms that action and dismisses the appeal of Jerome Simmons.
ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.
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