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7 N.J.A.R. 72

Simone, Joseph v. Elmwood Park, Bergen County, Borough of
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Citation: 7 N.J.A.R. 72
Decision Date: 1983
Synopsis: Appellant was removed from his position on disciplinary charges. After an appeal of that dismissal to the Civil Service Commission, the matter was assigned to an administrative law judge. The administrative law judge found that appellant had been a participant in the theft of 118 micro-wave ovens and that the appel- lant had been given six of the stolen ovens (two of which he sold) as a reward for his participation in the theft. In addition, appellant was found to have submitted a police report to his department regarding his activity on the evening of the theft, which falsely denied that he had participated in the theft. The judge rejected the appellant's motion to dismiss because of respondent's alleged failure to comply with the provisions of N.J.S.A. 40A: 14-147 as to the service of the complaint. While noting that departmental disciplinary proceedings were held in abeyance, with the concurrence of the appellant, pending disposition of criminal charges against him, the judge found that all the requirements of N.J.S.A. 40A:14-147 had been complied with. The appellant was served with a copy of the complaint and charges on the day he was suspended. As soon as the related criminal matters were disposed of, a duplicate of the notice of disciplinary action and another copy of charges were served on the appellant. While noting that in an administrative proceeding it was only neces- sary for the charges to be proven by a preponderance of the evidence, the judge determined that the appellant's acquittal in a criminal case State of New Jersey 73 did not prevent disciplinary charges from being brought against ap- pellant. Accordingly, the administrative law judge ordered appellant re- moved from his position. This initial decision was adopted in all respects by the Civil Service Commission. Thomas J. Savage, Esq., for appellant. Geoffrey Curran Rosamond, Esq., for respondent. Initial Decision