Alfredo Valentin, CSC Docket No. 2025-1023

BackgroundAlfredo Valentin appeals the removal of his name from the eligible list for Fire Fighter (M2250D), Newark based on falsification of his pre-employment application.

The subject eligible list (M2250D) promulgated on April 28, 2023, and expired on April 27, 2025. The appellant’s name appeared on the September 1, 2023, certification of the eligible list. He was in the 200th position on the certification. In disposing of the certification, the appointing authority requested that the appellant’s name be removed on the basis of falsification of his pre-employment application. Specifically, the appointing authority asserted that appellant falsified his response to the following questions: #43 “Are you familiar with any of the following street gangs, street gangs sets, example: bloods, crips, netas, latin kings, ect.”; #44 “Are you now, or have you ever been affiliated or associated with any street gang or gang sets?”; and #45 “Do you know anyone or are you associating with or have you ever been associated with any individuals, including relatives, whom you know or have reason to believe are of have been members of any street gangs?” In support of this contention, the appointing authority provides photos dated February 16, 2021, and March 6, 2021, from the appellant’s iCloud account showing the appellant and another individual exhibit hand signs specific to the East Side Grape Street Crip Gang. Additionally, it added that the appellant had been rejected as a Correctional Police Officer candidate with Essex County due to an unsatisfactory background investigation. Essex County provided to the appointing authority the following photos of he appellant: May 3, 2020, photo of a partially covered scale commonly used to weigh narcotics; May 3, 2020, photo of what appears to be a large marijuana cigarette next to the appellant’s forearm; July 12, 2021, photo of the appellant and another individual with the appellant holding a firearm and pointing it at the camera; July 12, 2021, photo of the appellant and another individual with the appellant holding a firearm and pointing it at the ground; January 31, 2022, photo showing the appellant leaning against a vehicle with another individual with the appellant exhibiting a hand sign that is specific to the East Side Grape Street Crip Gang; September 5, 2022, photo showing the appellant with a clear plastic bag with what appears to be a large amount loose leaf marijuana; and a July 9, 2021, photo showing the appellant smoking a marijuana cigarette. Further, the appointing authority contended that the appellant did not legally own any firearms and that at the time the prior photos were taken, possession and use of marijuana was not legal in New Jersey.

Appellant's argumentOn appeal to the Civil Service Commission (Commission), the appellant states that he is appealing the removal of his name from the Fire Fighter (M2250D), Newark eligible list. No further arguments or evidence was provided.

The appointing authority, despite being provided the opportunity to respond, did not provide any arguments or evidence for the Commission to review.

CONCLUSION

N.J.A.C. 4A:4-6.3(b), in conjunction with N.J.A.C. 4A:4-4.7(d), provides that the appellant has the burden of proof to show by a preponderance of the evidence that an appointing authority’s decision to remove the appellant’s name from an eligible list was in error. Additionally, N.J.A.C. 4A:4-4.7(a)1, in conjunction with N.J.A.C. 4A:4-6.1(a)6, allows the Commission to remove an individual from an eligible list who has made a false statement of any material fact or attempted any deception or fraud in any part of the selection or appointment process. An applicant must be held accountable for the accuracy of the information submitted on an application for employment and risks omitting or forgetting any information at his or her peril. See in In the Matter of Nicholas D’Alessio, Docket No. A-3901-01T3 (App. Div. September 2, 2003) (The Superior Court of New Jersey, Appellate Division, affirmed the removal of a candidate’s name based on his falsification of his employment application and noted that the primary inquiry in such a case is whether the candidate withheld information that was material to the position sought, not whether there was any intent to deceive on the part of the applicant.) Further, N.J.A.C. 4A:4-4.7(a)1, in conjunction with N.J.A.C. 4A:4-6.1(a)9, allows the Commission to remove an eligible’s name from an eligible list for other sufficient reasons. Removal for other sufficient reasons includes, but is not limited to, a consideration that based on a candidate’s background and recognizing the nature of the position at issue, a person should not be eligible for appointment.

In the instant matter, the appointing authority seeks removal of the appellant’s name from the subject eligible list for falsification of the pre-employment application. Specifically, it argues that the appellant falsified his answers to questions about this knowledge and/or involvement with gangs. In support of its contentions, it submits photos of the appellant making a gang sign known to be used by the East Side Grape Street Crip Gang. The appellant provided no arguments or evidence to refute the appointing authority’s allegations. The appellant was required to provide a complete and accurate record of his background for review by the appointing authority as part of the pre-employment process. The record indicates that he failed to do so. Even assuming, arguendo, that the appellant merely forgot to include this information, an applicant must be held accountable for the accuracy of the information submitted on an application for employment and risks omitting or forgetting any information at his or her peril. See In the Matter of Curtis D. Brown (MSB, decided September 5, 1991) (A Fire Fighter applicant who alleged he could not recall certain information omitted from an application should be removed from the list since an honest mistake is not an allowable excuse for omitting relevant information from an application). In this regard, the gang signs made by the appellant are considered material and should have been accurately indicated on his employment application. His failure to disclose this information is indicative of the appellant’s lack of integrity and questionable judgment. The information and additional photos provided by Essex County showing the appellant with marijuana, making gang signs, and displaying a firearm further call into question his judgement. Such qualities are unacceptable for an individual seeking a position as a Fire Fighter and the falsification of his pre-employment application presents a basis to remove the appellant’s name from the subject eligible list.

Accordingly, based on the appellant’s falsification on his pre-employment application, the Commission finds sufficient basis in the record to remove his name from the eligible list for Fire Fighter (M2250D), Newark.

ORDER

Therefore, it is ordered that this appeal be denied.

ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.