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Tag Archives: discipline

Court Addresses Failure to Report Off-Duty Misconduct of Fellow Officer

Posted in Public Employee Discipline
Recently, the Appellate Division issued an opinion in the case New Jersey State Police v. Trooper Brandon Bruns that addressed¬†an officer’s failure to report the misconduct of another off-duty¬†officer. In that case, following an internal investigation, the New Jersey State Police served a charge upon the appellant for his failure to report the misconduct of… Continue Reading

Complaints Against NJ State Police Declined In 2010

Posted in Uncategorized
  As reported by nj.com, complaints against New Jersey State Police troopers for everything from excessive force to minor paperwork violations fell for the fourth year in a row in 2010, but more troopers faced the most serious allegations of misconduct, a new report shows. The public and other officers filed 848 complaints against troopers in… Continue Reading

Removal of Corrections Officer Affirmed

Posted in Public Employee Discipline
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,… Continue Reading

Suspension of Transit Police Sergeant Sustained

Posted in Public Employee Discipline
  On September 8, 2009, the Appellate Division decided In the Matter of Sergeant Maryelyn Conway, Docket No.: A-6162-07T3. In the case, Sergeant Maryelyn Conway appeals from an administrative determination of the New Jersey Transit Police Department suspending her for a period of four days for two related minor disciplinary infractions. On the night of… Continue Reading

Suspension of Union Police Officer Upheld

Posted in Civil Service Appeals
  On July 28, 2009, the Appellate Division decided In the Matter of Donald Michelson, Department of Safety, City of Union. In the case, Donald Michelson sought review of the Final Administrative Action of the Merit System Board accepting and adopting the initial decision of the Office of Administrative Law (“OAL”). The Administrative Law Judge… Continue Reading

Trial Court Authority to Impose Discipline Different From Municipality Upheld

Posted in Public Employee Discipline
On March 31, 2008, the Superior Court of New Jersey, Appellate Division, decided the case Detective Sergeant Dean Ackermann v. Borough of Glen Rock and Glen Rock Police Department, Docket Number A-2947-07T2. In the case, the parties appealed and cross-appealed from an order entered by the trial court. Plaintiff has been a member of the Glen… Continue Reading

Potential for Reimbursement of Wages Received During Period of Suspension

Posted in Civil Service Appeals, Public Employee Discipline
On March 20, 2009, the United States District Court for the District of New Jersey decided the case of Wade v. Colaner. In the case, plaintiff, a Tinton Falls police officer, was pulled over by New Jersey State Troopers for speeding. Plaintiff was subsequently charged with careless driving, obstruction of administration of law, and resisting arrest. On account… Continue Reading

Discipline Regading Dissemination of Internal Affairs Documents Upheld

Posted in Internal Affairs
  In Division of State Police v. In the Matter of Detective Sergeant First Class Daniel Flaherty, Docket No. A-0257-07T20257-07T2, the Appellate Division addressed the validity and ultimate imposition of disciplinary charges lodged against a Detective Sergeant of the New Jersey State Police. The appeal arose out of disciplinary charges filed by the New Jersey… Continue Reading

ATTORNEY GENERAL’S GUIDELINES MUST BE FOLLOWED IN INTERNAL AFFAIRS INVESTIGATION

Posted in Internal Affairs, Public Employee Discipline
  In the matter of O’Rourke v. City of Lambertville, Docket No. A-0481-07T3, the Defendants appeal the trial court’s decision: (1) reversing the Lambertville City Council’s decision removing Plaintiff, Michael O’Rourke, from his position as a police officer; (2) reinstating Plaintiff to his position; and (3) denying their motion for reconsideration. Defendant, Bruce Cocuzza, is… Continue Reading

Policy of Progressive Discipline Circumvented/Dismissal of Officer Upheld

Posted in Public Employee Discipline
  In the case of In the Matter of Carpenito, Sergeant Vincent Capenito appealed a final agency decision dismissing him from the Division of State Police. The Appellate Division sustained Carpenito’s dismissal and rejected his contention that the policy of progressive discipline required a less severe sanction. On March 24, 2006, Carpenito was charged with… Continue Reading

Violation of Conflicts of Interest Law and Code of Conduct Not a Sufficient Basis for Official Misconduct

Posted in Public Employee Discipline
In State v. Thompson, A-2279-07T4, the Appellate Division held that a violation of the Conflicts of Interest Law and a code of conduct adopted pursuant thereto is not a sufficient basis for criminal prosecution for official misconduct. In the case, the State appealed from an order dismissing 36 counts of a 42 count indictment. Thirty… Continue Reading

Public Safety Officers Appointed to Promotional Positions to Fill a Vacancy During a Military Leave of Absence have no Claim to Permant Employment Title

Posted in Civil Service Appeals
In the case entitled, In the Matter of Herrick, etc. 33-2-1258, The New Jersey Superior Court, Appellate Division opined that a police officer serving in the elevated civil service title of captain in order to fill a vacancy created by a temporary leave of absence due to a military obligation has no claim to permanent appointment… Continue Reading

Internal Affairs Records and Reports May Be Released Subject to Redaction

Posted in Internal Affairs
In the case of Spinks et al. v. The Township of Clinton et al., 52-2-1684, The Township of Clinton sought to bar the release of an internal affairs investigation of the police department that was submitted to the trial court as part and parcel to a summary judgment proceeding.  The Township argued that the disclosure of these types of… Continue Reading
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