Thomas Valente West Milford, CSC Docket No. 2023-825
NJ Civil Service Commission decision of November 2, 2022, CSC Docket No. 2023-825: matter returned by a court. The Superior Court of New Jersey, Appellate Division, in In the Matter of Thomas Valente, Jr., West Milford, Police Department, Docket No. A-3180-21 (App. Div., October 14, 2022), reversed
Commission decisions · Meeting of November 2, 2022
The Superior Court of New Jersey, Appellate Division, in In the Matter of Thomas Valente, Jr., West Milford, Police Department, Docket No. A-3180-21 (App. Div., October 14, 2022), reversed the Civil Service Commission’s (Commission) decision in In the Matter of Thomas Valente (CSC, decided April 6, 2022) and remanded the matter to allow the Commission to issue a final decision affirming the Administrative Law Judge’s initial decision.
- Matter
- Matter returned by a court
- Decided
- November 2, 2022, item B-21
- Outcome
- Not recorded
- Chair at the time
- Deirdre L. Webster Cobb, Chairperson
- Official decision
- Published by CSC in its monthly archive bundle (B-021 11-02-2022 MISS.pdf)
Action recorded in the minutes: The Civil Service Commission rescinded the Commission’s April 6, 2022 decision and affirmed the Administrative Law Judge’s initial decision.
The decision
BackgroundThe Superior Court of New Jersey, Appellate Division, in In the Matter of Thomas Valente, Jr., West Milford, Police Department, Docket No. A-3180-21 (App. Div., October 14, 2022), reversed the Civil Service Commission’s (Commission) decision in In the Matter of Thomas Valente (CSC, decided April 6, 2022) and remanded the matter to allow the Commission to issue a final decision affirming the Administrative Law Judge’s (ALJ) initial decision. The Court did not retain jurisdiction.
Thomas Valente was a Police Lieutenant with the West Milford Police Department. He was removed from his position, effective October 4, 2021, on charges. Upon his appeal, the matter was transmitted to the Office of Administrative Law (OAL) for a hearing as a contested case. At the OAL, the ALJ rendered his initial decision on February 28, 2022. In that decision, the ALJ found that there was a settlement agreed upon by the parties and granted West Milford’s motion for summary decision to enforce the settlement and dismiss Valente’s appeal. In its subsequent April 6, 2022, decision, the Commission disagreed that there was a valid settlement in place and, therefore, returned the matter to the OAL for a hearing.
West Milford appealed the Commission’s determination to remand the matter to the Appellate Division. In its decision, the Court found that the Commission erred in finding that there was a not a valid settlement in place. Accordingly, it reversed the Commission’s decision and remanded the matter “for the entry of a final order affirming the ALJ’s decision.”
ORDER
The Civil Service Commission rescinds its April 6, 2022, decision remanding the appeal of Thomas Valente to the Office of Administrative Law for a hearing. The Commission further affirms the Administrative Law Judge’s initial decision granting West Milford’s motion for summary decision to enforce the settlement and dismisses Thomas Valente’s appeal.
ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.
Decisions this one cites
- In the Matter of Thomas Valente, Jr., West Milford, Police Department Docket No. A-3180-21 (October 14, 2022)
- In the Matter of Thomas Valente (April 6, 2022)
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