KLEOVOULOS ZISSIMOPOULOS, CSC Docket No. 2023-637

BackgroundThe appeal of Kleovoulos Zissimopoulos, Police Officer, Atlantic City, Department of Public Safety and Juvenile Justice, removal, effective August 30, 2022, on charges, was heard by Administrative Law Judge Carl V, Buck, III (ALJ), who rendered his initial decision on January 12, 2023. Exceptions were filed by both parties.

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 February 22, 2023, affirmed that portion of the ALJ's decision regarding the charge at issue, but rejected his recommendation regarding the 1·emedy. Rather, the Commission imposed a 180 calendar day suspension.

Administrative Law JudgeIn his initial decision, the ALJ noted that the parties had settled all but one of the charges, which was the only issue before him. He also indicated that the parties had already agreed to the penalties to be imposed dependent upon the outcome of the remaining charge. However, inexplicably, upon recommending dismissal of the charge, the ALJ recommended his own remedy in his order, which was inapposite to those found in the settlement. After receipt of the initial decision, the parties submitted the clarified settlement agreement indicating their agreement on the penalties to be imposed and expressed their desire for the Commission to reject the ALJ's proposed remedies. In that settlement, the parties agreed to a 180 calendar day suspension should the charge be dismissed. 1

Analysis1 The Commission notes that the settlement initially indicated a 180 working day suspension, which is beyond the maximum suspension allowed under Civil Service law and rules. Upon being informed of this issue, the parties agreed that the penalty would be for 180 calendar days. As no other portions