New Jersey disciplinary appeals Tag Archives

Published on: November 9, 2021

Appellate Division Examines Process for Non-Civil Service New Jersey Police Officers to Challenge Discipline, But Reminds Us the Burden of Proof is on the Officer

Government employees receive significant due process rights to challenge employer discipline which private sector employees and employees in non-civil service jurisdictions do not enjoy. However, because New Jersey employment law recognizes the great responsibility placed on law enforcement officers, the Legislature has enacted robust procedures for police officers not covered by civil service to appeal discipline to the Superior Court. Nonetheless, in the case of Miller vs. Borough of Berlin Police, the Appellate Division reminds us that the burden of proof remains on the officer and evidence is king.

Background

Jason Miller was a police officer with the Borough of Berlin Police Department, a non-civil service jurisdiction. He was dispatched to a banquet hall because of a report of the theft of a purse. Surveillance video showed an employee taking the purse, the manager gave Officer Miller the employee’s name and address, and Miller took a victim statement. Miller told the victim that the employee was clearly identifiable and would be charged with a crime (as the victim told him she wished), and that the case was a “slam dunk.” However, Miller did not follow up or press charges, and stated in the incident report that the victim did not wish to pursue criminal charges. Several days later the victim called the Department to follow up. Another officer took the call, and eventually other officers arrested the employee, who confessed.

Published on: August 30, 2021

Appellate Division Reviews Law Enforcement Officer Discipline Under New Jersey Civil Service Law

by Maurice W. McLaughlin

The law invests law enforcement officers with significant authority. New Jersey employment law therefore imposes on them a high standard of conduct. And while progressive discipline governs the review of disciplinary infractions, particularly in the civil service context, serious offenses can result in termination even for a first offense. Sometimes these cases are close calls; some are not. A New Jersey appeals court recently examined these principles in the case of In the Matter of Ruiz, City of Perth Amboy, Department of Public Safety. The case is a good examination of some of these legal principles, even though the court found that it wasn’t a close call.

Background

Benjamin Ruiz was police chief for Perth Amboy, New Jersey, a civil service jurisdiction. After being charged in 2014, he was indicted on February 6, 2015 for official misconduct, theft of services and witness tampering. He was suspended with pay and required to turn in his badge and gun. He was acquitted by a jury of all charges on September 20, 2016.

Published on: October 29, 2020

Terminated Firefighter Wins Reinstatement in New Jersey Civil Service Appeal

by Maurice W. McLaughlin

A recent appellate decision in the case In the Matter of Christopher D’Amico, City of Plainfield Fire Department demonstrated once again that New Jersey civil service employees have an effect means of redress for when they are wrongfully disciplined.

civil-servcie
The D’Amico Case

Christopher D’Amico passed the New Jersey Civil Service test and was hired to be a firefighter by the City of Plainfield, a civil service jurisdiction. As part of his application, D’Amico was required to prove their residency. D’Amico submitted several documents, including an insurance card. He admitted that he modified the card to list his actual residence in Plainfield. Plainfield’s hiring committee recommended against hiring D’Amico because of the alteration, but the Fire Chief hired him anyway. D’Amico attended the fire academy. A citizen questioned several cadets’ residencies. The concern about D’Amico was determined to be unfounded, but the City reexamined his application. Even though the address was accurate and the change was known by the City when it hired him – and was admitted by D’Amico – the Director of Public Safety ordered the Chief to terminate D’Amico’s employment. When D’Amico and two other cadets reported to the Department for their first day of work they were fired, in D’Amico’s case not because of his residence, but because of the alteration.