New Jersey Public Safety Officers Law Blog

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Public Safety Officers Law Blog

Dedicated to Corrections Officers, Policemen, & Firemen throughout the Garden State

Tag Archives: NJ Public Employee Discipline

Police Dash Cam Footage and Use-of-Force Reports Must be Turned Over Under the New Jersey Open Public Records Act

Posted in Public Employment Labor Law
This past week the New Jersey Supreme Court ruled that dashboard recordings and use-of-force reports generated in connection with the fatal police shooting of a man who led officers on a high speed chase through several North Jersey towns are public records and thus subject to disclosure under the New Jersey Open Public Records Act. … Continue Reading

Appellate Division Upholds Officers’ Suspension in Connection with Off-Duty Bar Fight

Posted in Public Employee Discipline, Public Employment Labor Law
As reported by, the Pennsauken Police Department was right to suspend six officers in 2011 for violating rules and hindering the investigation of a fight that involved two off-duty officers, an appellate court has ruled. The conduct was not directly related to the fight May 7, 2011, but to officers’ failure to properly report and… Continue Reading

Bill to Require AG Investigations of Deaths in Police Custody Advances

Posted in Uncategorized
As reported by, a bill that would have the New Jersey state Attorney General’s office investigate all civilian deaths at the hands of police advanced in a legislative committee Monday. Against misgivings from a representative of the Attorney General’s office, the Assembly Judiciary Committee released the bill following a 4-2 vote. Currently, civilian deaths… Continue Reading

More Employee Misconduct at Bo Robinson Private Halfway House

Posted in Uncategorized
As reported by The, an employee at private halfway house Albert “Bo” Robinson Assessment and Treatment Center, better known simply as Bo Robinson, is again being accused of having inappropriate sexual relations with an inmate. This is the second time since June a Bo Robinson worker was terminated for allegedly engaging in sexual relations with an… Continue Reading

Termination of Corrections Officer Sustained

Posted in Public Employee Discipline
  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… 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 Hudson County Corrections Officer Upheld

Posted in Public Employee Discipline
  On August 17, 2009, the Appellate Division decided In the Matter of Juan Melendez, Docket No.: A-4617-07T1. In the case, Juan Melendez, a Hudson County Corrections Officer, appealed from a final administrative determination of the Merit System Board (“Board”) imposing a fifteen-day suspension for neglect of duty and other sufficient cause warranting discipline. The… Continue Reading

Termination of Municipal Patrolman Upheld

Posted in Public Employee Discipline
  On June 11, 2009, the Appellate Division decided Michael Kappre v. Borough of Paulsboro, Docket No.: A-3573-07T3. In the case, the Paulsboro Police Chief filed misconduct charges against Michael Kappre, a former patrolman and sniper for the Paulsboro Police Department’s SWAT team. The Borough of Paulsboro sought Kappre’s termination. Kappre pleaded not guilty to the charges… Continue Reading

PERC Proposes Temporary Rules Regarding Non-Civil Service Law Enforcement & Firefighters

Posted in Public Employee Discipline
Recently, the Public Employment Relations Commission (“PERC”) has proposed temporary rules to implement the provisions of L.2009, c.16. That law allows non-Civil Service law enforcement officers and firefighters who are terminated pursuant to a complaint or charges not involving any alleged violation of criminal law to have the option of having their terminations reviewed by means… Continue Reading

Termination of Middlesex County Sheriff’s Officer Upheld

Posted in Public Employee Discipline
On April 28, 2009, the Appellate Division decided In the Matter of Joan Ivan, Docket No.: A-1070-07T2.  Following a hearing conducted on April 15, 2003, appellant, Joan Ivan (“Ivan”), a Middlesex County Sheriff’s Officer, was suspended for thirty days as the result of disciplinary charges stemming from her alleged failure to truthfully report smoking by… Continue Reading

Corrections’ Officer Suspension for Buying Home With Probationer Upheld

Posted in Public Employee Discipline
On March 30, 2009, the Superior Court of New Jersey, Appellate Division decided the case In the Matter of Richard J. Rivera, Docket No. A-3672-07T2. In the case, Richard J. Rivera, a county corrections officer assigned to the Monmouth County Correctional Institute (“MCCI”), appealed from a final decision of the Merit System Board suspending him for… Continue Reading

Legislative Proposal Seeks to Provide Law Enforcement Officers Pay Status When Appeals of Termination Are Not Resolved Within 180 Days

Posted in Civil Service Appeals
  This blog entry will focus upon our review of certain statutory proposals currently pending in the New Jersey Legislature concerning the pay status of law enforcement officers when appeals of termination are not resolved within 180 days. These proposals are set forth in Assembly Bill Number 3481.  Assembly Bill 3481 concerns the suspensions of… 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


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

Appellate Division Rules that the Charge of Setting False Alarms Merges into Charge of Official Misconduct.

Posted in Public Employee Discipline
The New Jersey Superior Court, Appellate Division recently ruled that a firefighter who has called in false alarms, goes to respond to the false alarms that he called in, and is convicted for Official Misconduct, N.J.S.A. 2C:30-2, as a result of this behavior, can not be convicted separately for the setting of the false alarms, N.J.S.A. 2C:33-3.  In the… Continue Reading