MIGUEL HIDALGO, CSC Docket No. 2024-2527

BackgroundThe appeal of Miguel Hidalgo, Sheriffs Officer, Hudson County Sheriffs Office, removal, effective May 2, 2024, on charges, was heard by Administrative Law Judge Andrea Perry Villani (ALJ), who rendered her initial decision on April 1, 2025. No exceptions were filed.

AnalysisHaving considered the record and the ALJ's initial decision, and having made an independent evaluation ofthe record, the Civil Service Commission (Commission), at its meeting on April 30, 2025, adopted the ALJ's Findings ofFacts and Conclusions of Law and her recommendation to uphold the removal.

The Commission makes the following comments. The ALJ's decision is based significantly on her assessment of the witnesses' testimony. In this regard, she explicitly found the appellant's version of the incident not credible. In this regard, the Commission acknowledges that the ALJ, who has the benefit of hearing and seeing the witnesses, is generally in a better position to determine the credibility and veracity of the witnesses. See Matter of J. W.D., 149 N.J. 108 (1997). "[T]rial courts' credibility findings ... are often influenced by matters such as observations of the character and demeanor of the witnesses and common human experience that are not transmitted by the record." See also, In re Taylor, 158 N.J. 644 (1999) (quoting State v. Locurto, 157 N.J. 463, 474 (1999)). Additionally, such credibility findings need not be explicitly enunciated if the record as a whole makes the findings clear. Id. at 659 (citing Locurto, supra). The Commission appropriately gives due deference to such determinations. However, in its de novo review of the record, the Commission has the authority to reverse or modify an AL.J's decision ifit is not supported by sufficient credible evidence or was otherwise arbitrary. See N.J.S.A. 52:14B-10(c); Cavalieri u. Public Employees Retirement System, 368 N.J. Super. 527 (App. Div. 2004). The Commission finds no persuasive evidence in the record to demonstrate that the ALJ's