KEVIN NORTON, CSC Docket No. 2023-1362

BackgroundThe appeal of Kevin Norton, Police Officer, Wanaque, Police Department, removal, effective December 1, 2022, on charges, was heard by Administrative Law Judge Thomas R. Betancourt (ALJ), who rendered his initial decision on January 18, 2024. Exceptions and replies were filed on behalf of the appellant and 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 on February 28, 2024, adopted the ALJ's Findings of Facts and Conclusions. However, it did not adopt his recommendation to modify the removal to a 45 working day suspension. Rather, the Commission imposed a six-month suspension.

Administrative Law JudgeIn this matter, the ALJ found that the appellant was guilty of all of the infractions alleged with the exception of the falsification charge. It its exceptions, the appointing authority contends that charge should have also been sustained. The Commission disagrees. The ALJ explicitly detailed his reasons for finding that charge was not sustained. Upon its de novo review of the ALJ's determination in that regard, the Commission agrees with the ALJ's findings on the charges and finds nothing in the appointing authority's exceptions to demonstrate that the ALJ's findings on that charge was arbitrary, capricious or unreasonable.

AnalysisThe Commission also agrees that the dismissal of that charge warrants a lesser penalty than originally imposed. 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