MARC RISPOLI, CSC Docket No. 2025-64

BackgroundThe appeal of Marc Rispoli, Police Officer, Bergenfield, Police Department, 10 working day suspension, on charges, was before Administrative Law Judge Andrea Perry Villani (ALJ), who rendered her initial decision on October 31, 2024. Exceptions were filed on behalf of the appellant and a reply was filed on behalf of the appointing authority.

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 November 27, 2024, did not accept the recommendation to dismiss the appeal for failure to appear. Rather, the Commission remanded the matter to the Office of Administrative Law (OAL).

The record shows that neither the appellant nor his attorney phoned in for scheduled prehearing conferences on four occasions. Additionally, the ALJ indicated that she did not receive any explanation from the attorney regarding the most recent failure to appear. As such, she recommended dismissing the appellant's appeal.

In the appellant's exceptions, the appellant's attorney indicates that the first three failures to phone in were based on a series of miscommunications between the OAL and his staff. He indicates the fourth occurrence was based on the fact that he had a family medical emergency. The appointing authority's reply argues that the ALJ's determination was correct as neither the appellant nor the attorney appeared on four occasions.

Upon its de novo review, while the Commission is concerned with the somewhat self-serving nature of the explanations provided, it is loathe to dismiss matters procedurally, especially where the record provides that such dismissal is