Christopher Oliver, CSC Docket No. 2022-2641
NJ Civil Service Commission decision of November 23, 2022, CSC Docket No. 2022-2641: discipline, settlement acknowledged. Christopher Oliver, Fire Fighter/Emergency Medical Technician, Gloucester City, Department of Fire and Ambulance, removal, effective December 21. 2021, on charges of conduct unbe
Commission decisions · Meeting of November 23, 2022
Christopher Oliver, Fire Fighter/Emergency Medical Technician, Gloucester City, Department of Fire and Ambulance, removal, effective December 21. 2021, on charges of conduct unbecoming a public employee and other sufficient cause.
- Matter
- Discipline
- Decided
- November 23, 2022, item A-4
- Outcome
- Settlement acknowledged
- ALJ's recommendation
- Modify the removal to a six-month suspension.
- Penalty appealed
- removal
- Title
- FIRE FIGHTER / EMERGENCY MEDICAL TECHNICIAN
- Employer
- Gloucester City
- Chair at the time
- Deirdre L. Webster Cobb, Chairperson
- Official decision
- Published by CSC in its monthly archive bundle (A004 OLIVER CHRISTOPHER.pdf)
Action recorded in the minutes: The Civil Service Commission rejected the initial decision and acknowledged the settlement.
This docket at the Commission
- November 2, 2022, item A-7Held over to a later meetingThe Civil Service Commission directed that the appeal be held over.
- November 23, 2022, item A-4Settlement acknowledgedThe 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 Christopher Oliver, Fire Fighter/Emergency Medical Technician, Gloucester City, Department of Fire and Ambulance, removal, effective December 21. 2021, on charges, was heard by Administrative Law Judge Catherine A. Tuohy (ALJ), who rendered her initial decision on September 16, 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, 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, 130 N.J. Super. 130 (App. Div. 1974); Jannarone v. W.T. Co., 65 Nid. Super. 472 (App. Div. 1961), cert. denied, 35 N.J. 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 130 N.J. Super. 130
- Jannarone v. W.T. Co., 65 Nid. Super. 472 (App. Div. 1961), cert. denied 35 N.J. 61
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