Fabian Arroyo, CSC Docket No. 2023-1353

BackgroundThe appeal of Fabian Arroyo, Laborer 1, Hoboken, Department of Transportation and Parking, 30 working day suspension, on charges, was before Administrative Law Judge Matthew G. Miller (ALJ), who rendered his initial decision on April 25, 2023. 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 May 24, 2023, accepted and adopted the Findings of Fact and Conclusion as contained in the attached ALJ’s initial decision and _ his recommendation to reverse the suspension.

Since the suspension has been reversed, the appellant is entitled to be 30 working days of back pay, benefits, and seniority pursuant to N..J.A.C. 4A:2-2.10(d)3, as well as reasonable counsel fees pursuant to N.J.A.C. 4A:2-2.12.

This decision resolves the merits of the dispute between the parties concerning the disciplinary charges and the penalty imposed by the appointing authority. However, in light of the Appellate Division’s decision, Dolores Phillips v. Department of Corrections, Docket No. A-5581-01T2F (App. Div. Feb. 26, 2003), the Commission’s decision will not become final until any outstanding issues concerning counsel fees are finally resolved.

ORDER

The Civil Service Commission finds that the action of the appointing authority in suspending the appellant was not justified. The Commission therefore reverses that action and grants the appeal of Fabian Arroyo. The Commission further orders that the appellant receive 30 working days of back pay, benefits, and seniority. The amount of back pay awarded is to be reduced and mitigated as provided for in N.J.A.C. 4A:2-2.10(d)3. Proof of income earned shall be submitted by or on behalf of the appellant to the appointing authority within 30 days of issuance of this decision.

The Commission also orders reasonable counsel fees pursuant to N.J.A.C. 4A:2-2.12. An affidavit in support of reasonable counsel fees shall be submitted by or on behalf of the appellant to the appointing authority within 30 days of issuance of this decision.

Pursuant to N.J.A.C. 4A:2-2.12, the parties shall make a good faith effort to resolve any dispute as to the amount of counsel] fees.

The parties must inform the Commission, in writing, if there is any dispute as to counsel fees within 60 days of issuance of this decision. In the absence of such notice, the Commission will assume that all outstanding issues have been amicably resolved by the parties and this decision shall become a final administrative determination pursuant to R. 2:2-3(a)(2). After such time, any further review of this matter shall be pursued in the Superior Court of New Jersey, Appellate Division.