Julio Rodriguez, CSC Docket No. 2026-1594
NJ Civil Service Commission decision of August 12, 2026, CSC Docket No. 2026-1594: discipline, penalty modified. Julio Rodriguez, a Truck Driver, with the City of Hoboken, Department of Parks, Recreation and Public Works, appeals his six working day suspension, on charges of insubordination; conduct
Commission decisions · Meeting of August 12, 2026
Julio Rodriguez, a Truck Driver, with the City of Hoboken, Department of Parks, Recreation and Public Works, appeals his six working day suspension, on charges of insubordination; conduct unbecoming a public employee; and other sufficient cause.
- Matter
- Discipline
- Decided
- August 12, 2026, item A-3
- Outcome
- Penalty modified
- ALJ's recommendation
- Modify the six working day suspension to a four working day suspension.
- What the Commission did with it
- Adopted the ALJ's recommendation
- Penalty appealed
- 6 working day suspension
- Penalty after the decision
- 4 working day suspension
- Title
- TRUCK DRIVER
- Employer
- Hoboken
- Chair at the time
- Mary Cruz, Acting Chairperson
- Official decision
- CSC's PDF
Action recorded in the minutes: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
Rules this decision applies
The decision
BackgroundThe appeal of Julio Rodriguez, a Truck Driver, with the City of Hoboken, Department of Parks, Recreation and Public Works, of his six working day suspension, on charges, was heard by Administrative Law Judge Gerard Hughes (ALJ), who rendered his initial decision on June 30, 2026. No exceptions were filed.
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 on August 12, 2026, adopted the ALJ’s Findings of Facts and Conclusions of Law and his recommendation to modify the six working day suspension to a four working day suspension.
Since the suspension has been modified, the appellant is entitled to two working days of back pay, benefits, and seniority pursuant to N.J.A.C. 4A:2-2.10. However, he is not entitled to counsel fees. N.J.A.C. 4A:2-2.12(a) provides for the award of counsel fees only where an employee has prevailed on all or substantially all of the primary issues in an appeal of a major disciplinary action. The primary issue in the disciplinary appeal is the merits of the charges. See Johnny Walcott v. City of Plainfield, 282 N.J. Super. 121,128 (App. Div. 1995); In the Matter of Robert Dean (MSB, decided January 12, 1993); In the Matter of Ralph Cozzino (MSB, decided September 21, 1989). In the case at hand, although the penalty was modified by the Commission, charges were sustained, and major discipline was imposed. Consequently, as the appellant has failed to meet the standard set forth in N.J.A.C. 4A:2-2.12, counsel fees must be denied.
ORDER
The Civil Service Commission finds that the action of the appointing authority in suspending the appellant was justified. However, it modifies the suspension to a four working day suspension. The Commission further orders that the appellant be granted two working days of back pay, benefits, and seniority.
ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.
Decisions this one cites
- Johnny Walcott v. City of Plainfield 282 N.J. Super. 121,128
- In the Matter of Robert Dean (January 12, 1993)
- In the Matter of Ralph Cozzino (September 21, 1989)
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