Service as a Public Safety Officer and The First Amendment--Blurring the Line

Posted on August 10, 2008 by Frank Crivelli

In the case of Leek v. New Jersey Department of Corrections, 33-2-0497, a Senior Corrections Officer appealed the New Jersey Department of Personnel, Merit System Board's decision to uphold the Department's issuance of a thirty (30) day suspension for violation of the Department's internal rules and regulations and conduct unbecoming a public employee.  The case revolved around the conduct of Leek who repeatedly attended court hearings in uniform with a criminal defendant that was free on bail but had previously been a county jail inmate.  Leek further wrote a letter that identified himself as a Senior Corrections Officer and asked for leniency on behalf of the defendant. 

In defense of his actions Leek stated that he was acting in his capacity as an ordained minister and spiritual adviser on behalf of the inmate.  Leek never informed the Department or his superiors of his conduct and failed to request permission to appear on behalf of a defendant facing criminal charges in a New Jersey Court of Law.

Despite Leeks arguments that were based on his First Amendment rights, the New Jersey Superior Court, Appellate Division agreed with the Merit System Board that upheld the thirty day suspension imposed by the New Jersey Department of Corrections.  In summary, while Public Safety Officers do garner protections under the First Amendment of the United States Constitution, they can not call upon these protections when their actions are detrimental to their employer, public perception, and their sworn law enforcement duties. 

Tags: , , , , , , , , , , , , , ,

Be Sure to Perfect your Appeal of Major Discipline within the Alloted Twenty (20) Day Time Period

Posted on July 29, 2008 by Frank Crivelli

In an unpublished opinion, the Appellate Division, Superior Court of New Jersey upheld the decision of the Merit System Board, New Jersey Department of Personnel, that the appellant's failure to file his appeal of the Final Notice of Disciplinary Action within twenty (20) days from the issuance of the Final Notice of Disciplinary Action barred him from appealing said charges on any level. 

In the Matter of Santiago, New Jersey Department of Corrections, 25-2-1072, App. Div., the Appellant was employed by the New Jersey Department of Corrections as a Senior Corrections Officer.  The Appellant waived his Departmental or Agency Hearing pertaining to the Preliminary Notice of Disciplinary Action that charged him with conduct unbecoming a public employee.  His attorney requested the issuance of a Final Notice of Disciplinary Action subsequent to the waiver however the Appellant claimed that he never received said final notice despite the contentions of the New Jersey Department of Corrections that the same was issued.  Appellant waited five (5) months prior to pursuing the appeal and the Merit System Board refused to accept the appeal and transmit the case to the New Jersey Office of Administrative Law for a De Novo hearing.

The Appellate Division affirmed the decision of the Merit System Board stating that the Appellant's delay of five (5) months in issuing his appeal was well beyond the allotted twenty (20) day period and his removal from employment was upheld.

The bottom line is that it is the employee's responsibility to ensure that his or her appeal of any major disciplinary action is perfected within 20 days of the issuance of the Final Notice of disciplinary Action.  Excuses such as the one offered by Santiago where five (5 ) months lapse before an appeal is filed will not be accepted nor recognized by the Courts.

Tags: , , , , , , , , ,

Federal Corrections Officer Murdered at Atwater US Penitentiary

Posted on June 21, 2008 by Frank Crivelli

I was driving home from a legal seminar in Northern Virginia today when I received and E-Mail message from Sergeant Steve Brzdek, President of The New Jersey Law Enforcement Supervisors Association, the collective bargaining unit that represents all New Jersey State Supervisory Law Enforcement Personnel. The E-mail informed me that a Federal Corrections Officer was brutally murdered by two inmates at the Atwater US Penitentiary located in Merced County, California. A statement from the prison said Corrections Officer Jose Rivera, 22, of Chowchilla, California was stabbed to death by two inmates with "homemade weapons" in a housing unit. The complete news article can be found in the Merced Sun Star. 

Undoubtedly speaking on behalf of all law enforcement personnel and public safety officers within the state of New Jersey, our thoughts and prayers go out to Jose Rivera and his family.

Anytime a member of the law enforcement community is taken from us during a tour of duty we must pause to reflect on this tragic loss of life, and ask ourselves, what can we do better within the law enforcement community to prevent this from happening in the future? Institutional security policies in penal institutions are always being reviewed, revamped, and retooled. This is especially true in light of inmates now obtaining illegal access to mobile telecommunication technology that turns an already dangerous prison into a workplace that can be booby trapped and filled with ambushes.

I have represented New Jersey Corrections Officers for many years in New Jersey Workers Compensation Court. Anyone familiar with the profession understands and is aware that these men and women are routinely injured during physical struggles and assaults perpetrated by inmates I have helped Corrections Officers suffering from  orthopedic injuries normally reserved for football players. I have also seen these brave men and women suffer from post traumatic stress syndrome similar to many of our soldiers and Marines coming home from the battles raging in Iraq and Afghanistan. Corrections Officers are also often inflicted with MRSA and Staff Infections, and exposed to blood with the HIV Virus and Hepatitis. In my opinion, there is no position of employment in America that is more dangerous than that of a Corrections Officer.

With that being said, I will devote my next several blog posts to explaining the New Jersey Workers Compensation System. The system within the state of New Jersey that has been established to assist and compensate the injured worker. The New Jersey Department of Labor and Workforce Development describes the Workers Compensation system as a “no fault” insurance program that provides the following benefits to employees who suffer job-related injuries or illnesses:

  • Medical Benefits
  • Temporary Total Benefits
  •  Permanent Partial Benefits
  •  Permanent Total Benefits; and
  • Death Benefits to dependants of workers who have died as a result of   their employment.

However explanation of these benefits is for another day and another time. Tonight, we should remember and pray for Corrections Officer Jose Rivera and his family. We should also humbly say thank you to all of the men and women who risk their lives every day to protect the public safety.



 

 

 
Tags: , , , , , , ,