The New Jersey Police Chief Magazine | September 2022
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6 . Were the rules , orders , and penalties applied even-handed and without discrimination ? Rules must be applied consistently to all the employees . Application cannot be discriminatory or selective .
7 . Finally , was the discipline or penalty appropriate and reasonably related to the seriousness of the offense and the employee ’ s past record ? This lends itself to the concept of progressive discipline as related above and applied by the New Jersey courts .
The New Jersey Supreme Court subsequently has held that progressive discipline is not “ a fixed and immutable rule to be followed without question ” because “ some disciplinary infractions are so serious that removal is appropriate notwithstanding a largely unblemished prior record .” In Re Stallworth , 208 N . J . 182 at 196 ( 2011 ) ( citing In Re Carter , 191 N . J . at 484 ( 2007 ); In Re Herrmann , 192 N . J . 19 , 34-36 ( 2007 )). Accordingly , where the misconduct is so severe the employer may impose termination notwithstanding the traditional concept of progressive discipline . This would be the exception as opposed to the rule . Public employers must tread carefully if they choose to disregard progressive discipline under the legal authority established in New Jersey .
In summary , the decision whether or not to discipline an employee is critically important . All of the foregoing standards should be followed before any disciplinary action is taken . The standards of review as set forth by the New Jersey courts concerning ‘ just cause ’ will be followed wherever the ultimate decision maker hears the case . All preparations must be made in advance of taking any disciplinary action to ensure that a fair and impartial process has been undertaken .
Fredric M . Knapp is a senior counsel with the firm of Laddey , Clark & Ryan , LLP , with offices in Sparta and throughout New Jersey . He previously served as Morris County Prosecutor from 2012-2020 . Mr . Knapp has been approved by the New Jersey Public Employment Relations Commission as an arbitrator , mediator , and fact-finder . He also serves as a disciplinary hearing officer and conducts independent workplace investigations concerning employee conduct .
FBI and Law Enforcement Partners Arrest Nearly 6,000 Violent Criminals This Summer
FBI Director Christopher Wray announced in a video message the results of joint violent crime enforcement efforts throughout the summer , recognizing the essential cooperation of local and state law enforcement agencies around the country .
Between May 1 , and Sept . 2 , 2022 , the FBI and local and state law enforcement partners arrested nearly 6,000 alleged violent criminals and gang members and seized more than 2,700 firearms connected to criminal conduct . Throughout the summer , the FBI and its partners also disrupted nearly 845 and dismantled 105 violent gangs and criminal enterprises and seized large quantities of fentanyl and other deadly narcotics .
“ Keeping our communities and our country safe is the Justice Department ’ s priority , every single day . At the beginning of this year , we further intensified our department-wide efforts to combat violent crime , including by directing all 94 U . S . Attorneys ’ offices to develop and implement district-specific violent crime reduction strategies ,” said USAttorney General Merrick B . Garland . “ Together with our law enforcement partners across the country , we will continue to do everything we can to protect our communities from violent crime .” To learn more about the FBI ’ s work in investigating violent crime at fbi . gov / violentcrime .
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