Limits of Progressive Discipline in New Jersey Civil Service Addressed by State Supreme Court

Progressive discipline is a bedrock principle in New Jersey civil service law.  However, while flexible, progressive discipline has its limits.  The New Jersey Supreme Court recently issued a precedential employment law decision examining when progressive discipline allows for termination of a law enforcement officer’s employment for even a first offense in the case of In the Matter of Brian Ambroise.

 

Background

The case involved an appeal from an earlier decision by the Appellate Division of the Superior Court of New Jersey.  I wrote about it here, so I will only briefly outline the facts of the case and how it got to the Supreme Court.

In short, Ambroise was a senior correctional officer.  He was accused of inappropriate sexual relations with a female inmate and failure to report inappropriate contact.  He denied having inappropriate sexual relations.  However, he admitted that the prisoner kissed him and though he terminated the contact immediately he failed to report it. He also admitted that he passed a note to another prisoner for her.    These actions violated departmental regulations.  He had an otherwise unblemished disciplinary record.  He was acquitted at a criminal trial.

The New Jersey Department of Corrections sought Ambroise’s termination.  He appealed to the New Jersey Civil Service Commission, which transferred the case to the Office of Administrative Law, where an administrative law judge held a hearing.  The ALJ found only that he was only guilty of failing to report the kiss and being unduly familiar with the prisoner by passing a note, but that this was sufficient to sustain the charges of conduct unbecoming a corrections officer, undue familiarity with a prisoner, and violation of departmental regulations.  However, the ALJ disagreed with the Department’s desired punishment.  Instead, applying progressive discipline, the ALJ reduced the penalty from termination to a twenty-day suspension.

The New Jersey Civil Service Commission upheld the ALJ’s decision but increased the suspension to six months. The DOC then appealed to the Appellate Division, which affirmed.  The DOC then appealed to the New Jersey Supreme Court.

 

The Supreme Court Reverses

The Supreme Court reversed the decisions of the Appellate Division, New Jersey Civil Service Commission and administrative law judge on the appropriate discipline, and reinstated the DOC’s requested discipline of termination.

The Supreme Court explained that normally courts will defer to the Civil Service Commission’s decisions unless they are arbitrary, capricious or unreasonable, particularly with regard to findings of fact.

The court went on to explain that while progressive discipline is an accepted, flexible legal doctrine which will work to lessen a penalty for an otherwise blameless employee, some infractions are so severe that termination may be appropriate for even a first offense.  The court explained that this is particularly true “when the employee’s position involves public safety and the misconduct causes a risk of harm to persons or property.”  The actions of corrections officers, like those of other law enforcement officers, which “subvert good order and discipline can constitute conduct so unbecoming… as to warrant dismissal.”  Thus, “Dismissal of an officer is especially warranted for those infractions that go to the heart of the officer’s ability to be trusted to function appropriately in his position.”

the Supreme Court therefore found that Ambroise’s acts were severe enough to warrant the ultimate sanction of dismissal even though this was his first offense.  It did so for several reasons.  First, corrections officers, like other law enforcement officers, are held to a higher standard than civilian employees because they are tasked with maintaining prisoners’ good order and discipline.  Second, the Legislature has given the DOC broad discretion to administer prisons, and thus great deference should be given to its personnel regulations.  Finally, the court explained that Amboise’s actions placed the safety and security of fellow officers and inmates at risk.

For all these reasons, the Supreme Court found that the concept of progressive discipline allowed for the ultimate sanction of dismissal from employment for Ambroise’s first offense under these circumstances.

 

The Takeaway

While progressive discipline is a flexible doctrine which remains a bedrock principle of New Jersey civil service law, some actions are so severe that they warrant termination even for first offenses.  This is particularly true for corrections and other law enforcement officers, who are held to a higher standard than civilian employees.

 

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