DONALD CHARLES, FINAL DECISION. OAL Docket No. PTC ESSEX COUNTY COLLEGE PUBLIC SAFETYACADEMY,

Transcription

1 ~ ~c'~e sr,~r~ ~ ~~ ~x~ '... ~ ~ ~~`~~ PHILIP D. ~vi~~~~-~y State of New Jersey Ci~vernor Q ~FICE OF T~-[E ATTORNEY GENERAL I.~FPARTMENT OF LAW AND PUBLIC SAFETY SHEILA Y. Oi.IVER DIVISION OF CRIMiNnL J1JSTtCE C,ieutenant Governor POLICE 7'RA1NiNG COMMISSION PO Boa 085 TRE~tTON, N TELEPHONE: (6Q9} GURBIR S. GREWAL f~ ttaj ney General ELI HONIG Director DONALD CHARLES, Petitioner v. FINAL DECISION OAL Docket No. PTC ESSEX COUNTY COLLEGE PUBLIC SAFETYACADEMY, Respondent The Police Training Commission received an initial Decision in this matter on January 25, 201 S. The Police Training Commission requested and was granted one extension on January 30, 2018 pursuant to N.J.S.A. 52:14B-10{c) and N.J.A.C. 1:1-18.$, This final decision was rendered within the time limits prescribed by N.J.A.C. 1: Petitioner Donald Charles was enrolled in the $asic Course for County Corrections Officers ~t the Essex County College Public Safety Academy. On March 15, 2017, Petitioner was dismissed from the basic course for a violation of the Academy rules. Petitioner filed an appeal with the Police Training Commission, which was referred to the Office of Administrative Law. As a result of a settlement conference, the parties agreed to a settlement of all issues in dispute and memorialized the terms of the settlement in a settlement Agreement. Under the terms of the settieznent, the Petitioner agrees to withdraw his appeal, agrees that he will not seek to re-enroll in the Essex County College Public Safety Academy and waives any and all claims against the Academy. The Respondent agrees that it will not pursue termination of the Petitioner. On January 19, 201$, ALJ Kelly J. Kirk approved the settlement and ozdered the parties to comply with its terms. 1

2 On Wed~lesday, April 4, 2018, at a regular meeting of the Police Training Commission, the commissioners reviewed the Initial Decision rendered by Jude Kirk. The commissioners voted to adopt the Initial Decision as the FINAL DECISION. POLICE TRAINING COMMISSION F~~-. ~^ ~ xr~ F. Cunningham, Chairman Date: ~- (~?~ ~j 2

3 cy~ qk~~ sp~rt^ ~ h~j ~j~'w F~t~~~ l~i~ 1'' 7f '" ~',` ~ is ~ ~~a P~i~Li~ D. MURPHY State of New Jersey Governor OFFICE Or 7'HE I~TTORNEY C7ENERnI, DEPARTMENT OF LAW AND PUBLIC SAFETY Sl-IEILA Y. OLIVER DIVISION OF CI~IMiNAL JUSTICE Lieutenant Governor ~OL10E TRAINING COMMISSION PO Box 085 TxENTON, NJ TELEhHONG; (609) GURI3IR S. GREWAL f~ttorney General ELIE HONIG Director KEVIN WASHINGTON, Petitioner v. FINAL DECISION QAL Docket No. PTC NEW JERSEY STATE POLICE ACADEMY, Respondent The Police Training Commission received an Initial L?ecision in this matter on March 6, This final decision vvas rendered within the time limits prescribed by N.J.A.C. 1: Petitioner Kevin Washington was enrolled in the Basic Course for Police officers at the New Jersey State Police Academy. On August 29, 2017, Petitioner was dismissed from the basic course for physical training failure. Petitioner filed. an appeal with the Police Training Commission, which was referred to the Office of Administrative Law. As a result of a settlement conference, the parties agreed to a settlement of all issues in dispute and memorialized the terms of the settlement in a Settlement Agreement. Under the teems of the settlement, the Respondent will amend its records for Petitioner to reflect a resignation in goad standing from the Academy on August 29, The Petitioner agrees to withdraw his appeal, agrees that he will.not continue to seek employment with the City of Newark and waives any and all claims against the Academy. On February 27, 2018, ALJ Elissa Mizzone Testa approved the settlement and ordered the parties to comply with its terms. 1

4 On Wednesday, April 4, 2018, at a regular meeting of the Police Training Commission, the commissioners reviewed the Initial Decision rendered by Judge Elissa Mizzone Testa. The commissioners voted to adopt the Initial Decision as the FINAL DECISION. POLICE TRAINING C{JMMISSI4N B ~ ~''~-...~ S _... Y n F. Cu~lningham, Chairman Date: ~ U 7...{~ ~

5 ~ CHL ~s r,~r v r ~~ h~ ` 7. l.. '~ v i ~~~'~~ ~+ PF~ILIP D. MURPHY State of New,Ie~sey Governor OFFICE OF THE A'1"I'ORNFY GENERAL DEPARTMENT (~F LAW AND PUBLIC SAFETY SHEILA Y. OL(VER DIVISION OF CRIMINAL JUSTICE Lieutenaril Governor pulice 7'F~AINING COMMISSION PO Box 085 ~1 RCNTON, NJ TEL~PHo~E: (609) GURBIR S. GREWAL, ~ ttorney General ELIE HONIG Director EBONY BAILEY, Petitioner v. FINAL DECISION OAL Docket No. PTC NEW JERSEY STATE POLICE ACADEMY, Respondent The Police Training Commission received an Initial Decision in this matter on March 9, This final decision was rendered within the time limits prescribed by N. T.A.C. 1: Petitioner Ebony Bailey was enrolled in the Basic Course for Police Officers at the New Jersey State Police Academy. On September 13, 2017, Petitioner was 'dismissed from the basic col~rse for physical training failure. Petitioner.filed an appeal with the Police draining Commission, which was referred to the Office of Administrative Law. As a result of a settlement conference, the parties agreed to a settlement of all issues in dispute and memorialized the terms of the settlement in a Settlement Agreement. U11der the terms of the settlement, the Respondent will amend its records for Petitioner to reflect a resignation in good standing from the Academy on September 13, The Petitioner agrees to withdraw her appeal, agrees that she will not continue to seek employment with the City of Newark and waives any and all clairr~s against the Academy. On March S, 2018, ALJ Mary Ann Bogan approved the settlement and ordered the parties to comply with its terms. i

6 On Wednesday, Apri14, 2D 1 S, ~.t a regular meeting of the Police Training Commission, the commissioners reviewed the Initial Decision rendered by Judge Bogan. The commissioners voted to adopt the Initial Decision as the FINAL DECISION. POLICE TRAINING COMMISSION By: 1'~--..~.,~ n F. Cunningham, Chairman Date: `~-~ C~ 'Z.~ `t'~

7 ~~ the rr;~tr Y.p ` L.r :.. ~fa Fk f~ ~ ~lti ~.i 'Y4 1~», ~ ~ ~~.. ' s"~ ` ~".~r~ ~, PHcr_.r~ D. MURPHY State ofnew Jersey Governor (~I~C'iCF.. OF THE f~"f"['urne~'y ~TENERAL DEPAK'C'MFT~~T OF LAW ANU PUBI..IC SnFETY S1-fElLf1 Y. ~I,IVER DIVISION OF CRIMINAL.~US`I'IC~: Lieutenant Governor POI.,ICE TRAINWG COMMISSION PO Bc~x OSS TRrNTON, NJ TELEP}iUNE; (6~9) 37fi-2$0~ GURBIR S. GREWA(~ A ttorney General VF,RONICA ALI.FNDE Director ANTHONY I2UBBE, Petitioner v. AMENDED FINAL DECISION OAL Docket No. PTC I~1EW JERSEY DEPARTMENT OF CORRFCTIUNS TRAINING ACADEMY, Respondent. The Police Training Commission received an Initial Decision in this.matter. on February 27, 2018, 'This.final decision. was rendered within the time limits prescribed by N.J.A.C. 1: Petitioner ~nthany Rubbe was enrolled in the; Basic Course :for State Corrections Officers at the New Jersey Depa1 tment of Corrections Training Academy. On November 13, 2017, Petitioner was dismissed from the basic course for violation of academy rules by engaging in unacceptable; behavior. Petitioner filed an appeal with the Police Training Commission, which was referred to the CJffice of Administrative Law. As a result of a settlement conference, the parties agreed to a settlement of all issues in dispute and memo~ ialized the terms of the settlement in a Settlement Agreement. Under the terms of the settlement, the Respondent will amend its records for Petitioner to reflect a General Resignation from the Academy on November 13, The Petitioner agrees to withdraw his appeal, agrees that he will. not contin~.re to seek employment with the N.J. Department of Corrections from tie cicrrent Civil Service list, and waives any and all claims against the Academy. This settlement sliall not prevent the Respondent from seekr~ig future employment with the N.J. Departynent of Corrections or any other lc~w enforcement a~erzcy. On February 27, 2018, ALJ Dean J. Buono approved the settlement anti ordexed the parties to comply with its terms. D

8 On. Wednesday, Apri14, 2018, at a regular meeting of the Police Training Commission, the commissioners reviewr;c~ the Initial Decision rendered by Judge Buono. The commissioners voted to adopt the Initial Decision as the FINAL DECISION. On this date, the FINAL DECISION was AMENDED to more accurately reflect the understanding o~ the parties to the settlement. Amended language is in bold italics. POLICE TRAINING COMMISSION S B Q'~1I1 ~'. Cunningham, Chairman Original Date: April 10, 2018 Date Amended: ~_ ~ l ~~.,,j ~~ 2

9 ~~ ~cme sr~ C~ '~ ~r ` l~ (4~.. PHILIP D. MURPHY Stat. e of New Jersey Governor OFFICE Or THE ATTORNEY GENERAL DEPARTMENT OF LAW AND PUBLIC SAFETY SHEILA Y. SLIVER DIVISION OF CRIMINAL JUSTICE Lieutenant Governor POLICE TRAINING COMMISSION PD Box 085 TRENTON, NJ TELSPxorr~: {609} GURBll2 S. GREWAL 1~ttorney General ELIE HONIG Director NI~1NtJEL I'~1RIZA, Petitioner v. BERGEN COUNTY PC)LICE ~Cnl~1.~,N1Y, Respondent F1NAL DECISION OAL Docket No. PTC l38(~$-17 nal Docket No. G5V (CC)NSULIDATED) The Police Training Commission received an Initial Decision in this matter on January 31, 201 S. The Police Training Commission requested and was granted one extension on February 5, 201$ pursuant to N.J.S.A. 52:14B-10(c) and N.J.A.C. l: This final decision was rendered within the time limits prescribed by N.J.A.C. 1: and N.J.A.C. 1: Petitioner Manuel Parra was enrolled in the Bergen County Police Academy through the Union City Police Depaxtrz~ent. On August 3, 2017, Petitioner was dismissed from the Police Academy after he was served with a Domestic Violence Temporary Restraining Order (TRO} on August 2, On August 7, 2017, Petitioner was served with a Preliminary Notice of Disciplinary Action and a Final Notice of Disciplinary Action for immediate removal as a Union City Police Recruit. Petitioner filed an appeal with the Police Training Commission, which was referred to the Office of Administrative Law. Petitioner also filed an appeal of his dismissal from Union City Police Department. On Navernber 22, 2017, an Order of Consolidation and Predominant Interest was entered consolidating petitioner's dismissal from the Academy and termination as a Union City police recruit. The Police Training Commission was determined to have the Predominant Interest.,~,. ~,: New Jersey Is An Lgr~al Opportunity F)npinyer Printed on Recycled Paper and is Recyclahle

10 .Respondents Union City Police Dep~l-tment and Bergen County Police Academy filed motions for summary decision on December 7, 2017 atld December 26, 2017, respectively. A plenary hearing for these consolidated matters had been initially scheduled for January 29, The heay ing was adjourned pending the disposition of t11e summary decision motions. On January 26, 2018, following consideration of all papers and evidence filed, the Honorable Susa~~a E. Guerrero, Administrative Law Judge, determined that Petitioner had been dismissed frort~n the academy following the issuance of a Temporary Restraining Order against the Petitioner, puz suant to the New Jersey Prevetltian of Domestic Violence Act, N.J.S.A. 2C:25-17, et seq. and that the Order had Veen issued while the petitioner was attending the police academy. Pursuant to PTC Directive , any trainee who is ser~c~ed with a TRH or an FRO must be dismissed from with Academy within 24 hours. Judge Guerrero concluded there were no issues of fact that required a plenary hearing and that the matter ~~as ripe for. a szxrn~nary decision, On January 26, 2D 18, Judge Guerrero granted the Motions for Summary Decision filed by the Bergen County Police Academy and the City of Union City Department of Public Safety, concluding that the Petitioner was appropriately dismissed from the police academy and terminated fi om employment. On npril 4, 2018, at a.regular meeting of the Police Training Commission, the commissioners reviewed the Initial Decision rendered by Judge CJuenero. The commissioners voted to ADOPT the Initial Decision as the FINAL DECISION. POLICE TRAINING COMMISSION B~ hn ~. Cunningham, Chairm~.n Date: ~ ~ ~ ~ ~~ ~,: ~~,ti'c ti+~ Jer,cey!.~ Ari Is~~tral (Jpportarni~y l~~»nr~,yer I'r inrec/ njt /Z~c~-c~(c d Paper and i.c Recy(.'IC7I)IL'