KEVIN NORTON, CSC Docket No. 2023-104

BackgroundThe appeal of Kevin Norton, Police Sergeant, Wanaque, Police Department, 45 working day suspension and demotion, on charges, was heard by Administrative Law Judge Nanci G. Stokes (ALJ), who rendered his initial decision on February 7, 2024. Exceptions were filed on behalf of the appellant and a reply to exceptions 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 C ivil Service Commission (Commission), at its meeting on February 28, 2024, adopted the ALJ's Findings of Facts and Conclusions and her recommendation to uphold the 45 working day suspension and demotion.

In this matter, upon its de novo review of the ALJ's meticulously thorough, comprehensive and reasonable initial decision, as well the exceptions and reply filed, which do not require extensive comment, the Commission agrees with the ALJ's findings rngarding the charges and finds nothing in the appellant's exceptions to demonstrate that the ALJ's findings on the charges were arbitrary, capricious or unreasonable. The Commission does note that the ALJ found, based on a review of the testimonial and video evidence, that the proffered charges were supported.

Additionally, the Commission agrees that the ALJ's recommended penalty imposed for the infractions is appropriate. In this regard, similar to its assessment of the charges, the Commission 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