Mark Fogg, CSC Docket No. 2022-204
NJ Civil Service Commission decision of November 2, 2022, CSC Docket No. 2022-204: discipline, settlement acknowledged. Mark Fogg, Senior Correctional Police Officer, South Woods State Prison, Department of Corrections, removal, effective June 14, 2021, on charges of conduct unbecoming a public empl
Commission decisions · Meeting of November 2, 2022
Mark Fogg, Senior Correctional Police Officer, South Woods State Prison, Department of Corrections, removal, effective June 14, 2021, on charges of conduct unbecoming a public employee and other sufficient cause.
- Matter
- Discipline
- Decided
- November 2, 2022, item A-4
- Outcome
- Settlement acknowledged
- ALJ's recommendation
- Uphold the removal.
- Penalty appealed
- removal
- Title
- SENIOR CORRECTIONAL POLICE OFFICER
- Employer
- Corrections
- Chair at the time
- Deirdre L. Webster Cobb, Chairperson
- Official decision
- Published by CSC in its monthly archive bundle (A004 FOGG MARK.pdf)
Action recorded in the minutes: The Civil Service Commission rejected the initial decision and acknowledged the settlement.
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 Mark Fogg, Senior Correctional Police Officer, South Woods State Prison, Department of Corrections, removal, effective June 14, 2021, on charges, was heard by Administrative Law Judge Tama B. Hughes (ALJ), who rendered her initial decision on September 26, 2022. No exceptions were filed.
AnalysisHaving considered the record and the ALJ’s initia] decision, and having made an independent evaluation of the record, the Civil Service Commission (Commission), at its meeting of November 2, 2022, rejected the recommendation contained in the attached ALJ’s initial decision and acknowledged the attached settlement.
In this matter, the parties contacted the Commission subsequent to the issuance of the ALJ’s initial decision. Specifically, the parties indicated that they had settled the matter and forwarded the settlement to the Commission for review and acknowledgment. The policy of the judicial system strongly favors settlement. See Nolan v. Lee Ho, 120 N.J. 465 (1990); Honeywell v. Bubb, 180 N.J. Super. 130 (App. Div. 1974); Jannarone v. W.T. Co., 65 N.J. Super. 472 (App. Div. 1961), cert. denied, 35 NJ. 61 (1961). This policy is equally applicable in the administrative area. A settlement will be set aside only where there is fraud or other compelling circumstances. Upon review of the settlement, the Commission finds that it complies with Civil Service law and rules. As such, the Commission rejects the initial decision and acknowledges the settlement.
ORDER
The Civil Service Commission rejects the initial decision and acknowledges the settlement.
ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.
Decisions this one cites
- Nolan v. Lee Ho 120 N.J. 465
- Honeywell v. Bubb 180 N.J. Super. 130
- Jannarone v. W.T. Co. 65 N.J. Super. 472
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