Edward McMahon, CSC Docket No. 2022-2054

BackgroundThe appeal of Edward McMahon, Public Safety Telecommunicator, Gloucester County, Department of Emergency Response, of his removal, effective January 31, 2022, on charges, was heard by Administrative Law Judge Tricia M. Caliguire (ALJ), who rendered her initial decision on January 20, 2023. Exceptions were filed on behalf of the appellant.

AnalysisHaving considered the record and the ALJ’s initial decision, including a thorough review of the exceptions, and having made an independent evaluation of the record, the Civil Service Commission (Commission), at its meeting of March 15, 2023, accepted and adopted the Findings of Fact and Conclusion as contained in the attached ALJ’s initial decision.

In his exceptions, the appellant makes myriad arguments, none of which are persuasive or require extended discussion. However, the Commission makes the following comments. In this matter, it was found that the appellant violated a Last Chance Agreement (LCA) and that, coupled with the sustained infractions in this matter, supported his removal from employment. The Commission notes that the terms of the LCA, along with including language and terms regarding any future disciplinary action, imposed a six-month suspension, effective October 16, 2020. The Commission’s review of the penalty is de novo. In addition to its consideration of the seriousness of the underlying incident in determining the proper penalty, the Commission also utilizes, when appropriate, the concept of progressive discipline. West New York v. Bock, 38 N.J. 500 (1962). In determining the propriety of the penalty, several factors must be considered, including the nature of the appellant’s offense, the concept of progressive discipline, and the employee’s prior record. George uv. North Princeton Developmental Center, 96 N.J.A.R. 2d (CSV) 463. In this matter, regardless of the existence of the LCA, given the sustained misconduct and the fact that the appellant had a previous six-month suspension, the longest suspension permitted under Civil Service law and rules, less than two years prior to the current infraction, his removal is warranted applying the tenets of progressive discipline. Accordingly, the Commission finds that removal is the proper penalty as, when viewed in conjunction with the appellant’s disciplinary history, it is not so disproportionate to the offense as to be shocking to the conscious.

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 Edward McMahon.

ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.