Removal of Corrections Officer Affirmed

Posted on July 20, 2010 by Donald Barbati

www.state.nj.us/csc/

On July 20, 2010, the Appellate Division decided In the Matter of Latief Dickerson, Hudson County, Docket No.: A-1323-08T2. In the case, Latief Dickerson appealed from a final decision of the Civil Service Commission (“Commission”) terminating his employment as a corrections officer with the Hudson County Department of Corrections (“Department”).

On May 5, 2006, the Department served a Preliminary Notice of Disciplinary Action on Dickerson charging him with: (1) incompetency, inefficiency or failure to perform duties; (2) insubordination; (3) conduct unbecoming an employee; and (4) neglect of duty. These charges stemmed from Dickerson’s failure to satisfy mandatory training requirements and to obtain permission for his outside employment, as well as his arrest in Tuxedo, New York for various motor vehicle violations and criminal possession of a firearm.

Following a departmental hearing, Dickerson received a Final Notice of Disciplinary Action on July 19, 2006, finding him guilty of the charges and ordering his removal from office effective immediately. Dickerson contested the decision and requested a hearing before the Office of Administrative Law. That hearing was held on January 2 and March 12, 2008, before an Administrative Law Judge (“ALJ”).

After the hearings, the ALJ determined that the Department failed to sustain its burden in sustaining the charges against Dickerson with the exception of conduct unbecoming a public employee by driving a motor vehicle while unlicensed. However, given Dickerson’s extensive prior disciplinary history, the ALJ ordered that Dickerson be fined 90 working days’ pay.

The Commission, upon its de novo review of the record, disagreed with the ALJ’s decision and upheld the Department’s decision to terminate Dickerson’s employment. This appeal followed.

On appeal, Dickerson argued that the Commission erred in failing to affirm the decision of the ALJ. Specifically, Dickerson contended that the Commission imposed an improper standard of review when it stated that it did not “agree” with the ALJ’s determination. Rather, Dickerson argued the Commission has the authority to modify or reverse the decision of the ALJ if the decision was not supported by credible evidence in the record or was otherwise arbitrary.

After considering Dickerson’s arguments, the Appellate Division affirmed the Commission’s determination and sustained the removal. The Court found the Commission’s decision comported with the applicable law regarding the review of ALJ decisions and was supported by sufficient credible evidence in the record. Specifically, the Court found, in rejecting and modifying the ALJ’s findings and conclusions, the Commission stated with particularity the reasons for doing so and made new findings supported by competent and credible evidence in the record.

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Termination of Corrections Officer Sustained

Posted on December 23, 2009 by Donald Barbati

 

On December 21, 2009, the Appellate Division decidedIn the Matter of Edwin Garcia, Department of Corrections Hudson County, Docket No.: A-1404-08T3. In the case, Edwin Garcia appeals from the final administrative action of the Civil Service Commission, terminating his employment as a corrections officer with the Hudson County Department of Corrections.

At issue were two disciplinary matters. In the first, the County maintained that Garcia failed to include in a report the fact that another officer had lunged at a handcuffed inmate and grabbed the inmate’s shirt. As a result, the County charged Garcia with insubordination, conduct unbecoming a public employee, neglect of duty, and other sufficient cause. In the second disciplinary matter, the County asserted that, while involved in an incident with an inmate, Garcia used excessive force despite being ordered numerous times to cease. For this incident, Garcia was charged with conduct unbecoming a public employee, neglect of duty, and other sufficient cause. The County sought to terminate Garcia’s employment.

The County held a hearing on the disciplinary charges on March 2, and April 4, 2007, wherein the hearing officer sustained the charges. A final notice of disciplinary action terminating Garcia’s employment was issued on June 7, 2007. Garcia appealed the decision to the Civil Service Commission and a hearing was held before an Administrative Law Judge.

The ALJ sustained both charges, finding, with respect to the first incident, that “Garcia submitted a report omitting the use of excessive force on an inmate” and, with respect to the second incident, that “Garcia used excessive force to subdue inmate E.B. by striking him, although ordered to desist by superior officers.” In the Initial Decision, the ALJ concluded that Garcia had committed conduct unbecoming a public employee, neglect of duty, and insubordination. In light of Garcia’s prior record and the nature of these offenses, the ALJ imposed the sanction of removal. The Commission, in its independent evaluation of the record, concluded that the removal was justified. This appeal ensued.

 On appeal, Garcia argued the findings of the Commission were not justified and the sanction of removal was arbitrary and capricious. The Appellate Division affirmed Garcia’s termination. Specifically, the Court found that there was substantial credible evidence supporting the findings of the ALJ and the conclusions reached by the Commission. The Court also determined the sanction of termination for the infractions is not unreasonable or disproportionate in light of the offenses, particularly when viewed in conjunction with Garcia’s prior disciplinary record.     

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