NEW JERSEY COPS ■ MARCH 2014
The Appellate Division had little difficulty in reversing the
Civil Service Commission even after noting the general rule of
deferral. The court found that the agency decision was arbitrary
and capricious because it imposed discipline even though the
officer did not know that she committed an infraction of the
rules. According to the court, the Commission’s decision was
“arbitrary, capricious and unreasonable because it sustained
the charge even though there was no evidence to support a
finding that the employee knew her license was suspended.”
The court concluded that without knowledge of the suspension, and in keeping with due process principles, the employee cannot be found guilty of violating the county’s rule
regarding possession of a valid driver’s license.
The Appellate Division took a similar approach regarding
agency deference, but with a very different outcome, in the
appeal of an interest arbitration award. County of Morris, Morris County Sheriff, and PBA Local 298 involved the county’s
appeal of an interest arbitration award confirmed by PERC. In
this case (which involved an agreement that expired on Dec. 31,
2010) PERC ruled in favor of the PBA and affirmed an award
permitting automatic step increments for the 2011 calendar
year over the objection of Morris County.
The county appealed to the Appellate Division, seeking to
overturn PERC. Understanding that it had to overcome the
general rule of judicia