Blessing Mamman, CSC Docket No. 2022-786

BackgroundThe appeal of Blessing Mamman, Human Services Assistant, New Lisbon Developmental Center, Department of Human Services, removal and resignation not in good standing, effective July 13, 2021, on charges, was heard by Administrative Law Judge William T. Cooper, II] (ALJ), who rendered his initial decision on May 20, 2024. Exceptions were filed on behalf of the appellant and a reply was filed on behalf of the appointing authority.

AnalysisHaving considered the record and the ALJ’s initial decision, and having made an independent evaluation of the record, including a thorough review of the exceptions and reply, the Civil Service Commission (Commission), at its meeting of July 3, 2024, accepted and adopted the ALJ’s Findings of Fact and Conclusions and his recommendation to uphold the removal and resignation not in good standing.

Upon its de novo review of the ALJ’s initial decision as well as the entire record, including the exceptions filed by the appellant and the reply, the Commission agrees with the ALJ’s determinations regarding the charges, which were substantially based on his assessment of the credibility of the testimony of the witnesses. In this regard, the Commission acknowledges that the ALJ, who has the benefit of hearing and seeing the witnesses, is generally in a better position to determine the credibility and veracity of the witnesses. See Matter of J.W.D., 149 N.J. 108 (1997). “[T]rial courts’ credibility findings . . . are often influenced by matters such as observations of the character and demeanor of the witnesses and common human experience that are not transmitted by the record.” See also, In re Taylor, 158 N.J. 644 (1999) (quoting State uv. Locurto, 157 N.J. 463, 474 (1999)). Additionally, such credibility findings need not be explicitly enunciated if the record as a whole makes the findings clear. Jd. at 659 {citing Locurto, supra). The Commission appropriately gives due deference to such determinations. However, in its de novo review of the record, the Commission has the authority to reverse or modify an ALJ’s decision if it is not supported by sufficient credible evidence or was otherwise arbitrary. See N.J.S.A. 52:14B-10(c); Cavalieri u. Public Employees Retirement System, 368 N.J. Super. 527 (App. Div. 2004). In this matter, there is nothing in the record or the appellant’s exceptions to demonstrate that the ALJ’s credibility determinations, or his findings and conclusions based on those determinations, were arbitrary, capricious or unreasonable. Accordingly, the Commission finds nothing in the record to question those determinations or the findings and conclusions made therefrom.

ORDER

The Civil Service Commission finds that the action of the appointing authority in removing and resigning the appellant not in good standing was justified. The Commission therefore affirms that action and dismisses the appeal of Blessing Mamman.

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