Tyrell Bagby Camden County, CSC Docket No. 2022-207

BackgroundThe appeal of Tyrell Bagby, County Police Sergeant, Camden County, Police Department, removal, effective July 19, 2021, on charges, was heard by Administrative Law Judge Dean J. Buono, who rendered his initial decision on January 30, 2023. No exceptions were filed.

AnalysisHaving considered the record and the Administrative Law Judge’s initial decision, and having made a thorough and independent evaluation of the record, the Civil Service Commission (Commission), at its meeting on March 15, 2023, accepted and adopted the Findings of Fact and Conclusion as contained in the attached Administrative Law Judge’s initial decision. However, it did not accept his recommendation to modify the removal to a 30 working day suspension and demotion to the title of County Police Officer. Rather, the Commission upheld the removal.

There is no question that the appellant’s misconduct in this matter was very serious and concerning. In this regard, in several instances in his initial decision, the Ald noted that the appellant’s misconduct “risked the lives of fellow officers and citizens” and was “inexcusable” and “intolerable.” Upon its de novo review of the record, the Commission wholeheartedly agrees.

Similar to its assessment of the charges, 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 v. North Princeton Developmental Center, 96 N.J.A.R. 2d (CSV) 463. However, it is well established that where the underlying conduct is of an egregious nature, the imposition of a penalty up to and including removal is appropriate, regardless of an individual’s disciplinary history. See Henry v. Rahway State Prison, 81 N./. 571 (1980). It is settled that the theory of progressive discipline is not a “fixed and immutable rule to be followed without question.” Rather, it is recognized that some disciplinary infractions are so serious that removal is appropriate notwithstanding a largely unblemished prior record. See Carter v. Bordentown, 191 N.J. 474 (2007). Even when a law enforcement officer does not possess a prior disciplinary record after many unblemished years of employment, the seriousness of an offense may nevertheless warrant the penalty of removal where it is likely to undermine the public trust. In this regard, the Commission emphasizes that a law enforcement officer is held to a higher standard than a civilian public employee. See Moorestown v. Armstrong, 89 N.J. Super. 560 (App. Div. 1965), cert. denied, 47 N.J. 80 (1966). See also, In re Phillips, 117 N.J. 567 (1990). This is especially true for supervisory law enforcement personnel.

Administrative Law JudgeIn his initial decision, the ALJ stated:

Today, there is an unfortunate societal view of police and policing in general. Also unfortunate is that Bagby had no concern for that, nor his fellow officers and the citizens of Camden who deserve better. The public image of a police sergeant that abuses the system and then lies about it would significantly diminish any modicum of honor and integrity within the Camden County Police Department in their eyes.

AnalysisWe cannot have that. Based on his testimony, it’s clear that Bagby fails to grasp the gravity of his actions and the potential effect that it could have had. Rightfully, the respondent seeks to terminate the appellant.

It is unconscionable to think how the public would react to a supervising officer continually passing a mistruth so that he did not get “jammed up” on an issue of time off. What would Bagby do in a situation that is more severe? There has to be a consequence to individuals’ actions in this world so that it doesn’t happen again and more importantly, does not send a message to other officers that this behavior is tolerated.

Notwithstanding the above, the ALJ found mitigating factors to support a reduction in penalty, stating:

Administrative Law JudgeHowever, the balance is that considering the record in this case including the appellant’s lack of disciplinary record, the nature of the job duties and the nature of the charges, I CONCLUDE that a modification of the requested penalty is warranted. The respondent's action terminating appellant is hereby DENIED and he is SUSPENDED for thirty days with a demotion from the rank of sergeant to patrol officer.

AnalysisThe Commission disagrees with the ALJ’s findings that the appellant’s prior history mitigates against his removal. While the appellant had been employed by the appointing authority as a County Police Officer and Sergeant for nearly eight years, that cannot overcome the serious nature of his misconduct. Indeed, the ALJ himself acknowledged that fact. The appellant’s misconduct in this case is egregious, especially for a supervisory-level employee, and his continued employment would more than likely undermine the public trust in the Camden County Police Department and law enforcement in general. A suspension and demotion to a lower rank in this matter is insufficient where, as stated by the ALJ, the appellant’s egregious misconduct “risked the lives of fellow officers and citizens.” Accordingly, the Commission upholds the removal. That penalty is neither disproportionate to the offenses nor 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 Tyrell Bagby.

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