In re Stallworth

26 A.3d 1059, 208 N.J. 182, 32 I.E.R. Cas. (BNA) 179, 2011 N.J. LEXIS 477
CourtSupreme Court of New Jersey
DecidedApril 12, 2011
StatusPublished
Cited by636 cases

This text of 26 A.3d 1059 (In re Stallworth) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Stallworth, 26 A.3d 1059, 208 N.J. 182, 32 I.E.R. Cas. (BNA) 179, 2011 N.J. LEXIS 477 (N.J. 2011).

Opinion

Judge STERN

(temporarily assigned) delivered the opinion of the Court.

In this appeal involving the discipline of a public employee, we consider whether the Appellate Division exceeded its proper scope of review when it reversed the penalty imposed by the Civil Service Commission (Commission)1 and reinstated the penalty imposed in the initial decision of an Administrative Law Judge (ALJ). In addressing this issue, we must reexamine the principles of “progressive discipline,” taking into account the Commission’s expertise in promoting statewide uniformity in the discipline of civil servants as well as a public agency’s need to deter employee misconduct and preserve its public image. The Commission reversed a determination of a public body to terminate petitioner’s employment, and, although we agree with the Appellate Division that the Commission’s action was not sufficiently justified by the record, we also conclude the Appellate Division exceeded its authority by reinstating the termination as ordered by the appointing authority. We, therefore, modify the judgment of the Appellate Division and remand the matter for further proceedings before the Commission.

I.

Petitioner Anthony Stallworth was a pump station operator for the Camden County Municipal Utilities Authority (CCMUA). The CCMUA is a regional authority that handles wastewater collection and treatment in Camden County. It controls twenty-five pumping stations, sixteen metering stations, and 110 miles of pipes that connect the stations to a central treatment plant in Camden [187]*187County. The CCMUA employs pump operators to assist with oversight and maintenance.

At the time of the incident giving rise to this case, Stallworth had been employed by the CCMUA for seventeen years. As part of his job responsibilities, he was provided with a marked CCMUA truck in which he traveled to and from pumping stations and pipelines. The truck had a navigation system that could be monitored by the CCMUA. On the morning of November 15, 2005, Stallworth left the pumping station to which he was assigned and went to a convenience store two blocks away. He remained there for approximately one hour and fifteen minutes—one hour longer than the fifteen-minute morning break he was authorized to take.2

Stallworth was subsequently served with disciplinary charges, including “(1) falsification of official records or giving false information for official records; (2) leaving the work area without permission during work hours; and (3) personal use of a company vehicle.” Based on these charges and his disciplinary history, the CCMUA terminated Stallworth’s employment, resulting in his appeal to the Commission,3 and a referral to the Office of Administrative Law, where a “contested case” hearing was conducted. See N.J.S.A. 52:14B-9, -10. The evidence adduced before the ALJ demonstrated the following:

Pump operators are subject to a Collective Bargaining Agreement (CBA). The CBA allots pump operators a morning break of fifteen minutes, a lunch break of thirty minutes, and an afternoon break of fifteen minutes. However, pump operators must often work through a break or lunch, and other pump operators testified that it is common CCMUA practice to add the missed break or lunch time on to the next break.

[188]*188Stallworth also testified that it is common practice at the CCMUA for pump operators to combine break times to take a longer break. Stallworth indicated that he often took his morning and lunch breaks together and did so to ensure that he had enough time to eat in the morning for the proper management of his diabetes. Stallworth stated he generally did not take a lunch, as he used his lunch time in the morning. He further claimed that it was common knowledge that he took such breaks and that his “main supervisor” knew that he was diabetic.

On November 15, 2006, Stallworth was issued a truck in order to complete his assignments for the day. At 7:53:27 a.m., he arrived at his first assigned station, the Bellmawr pumping station. Approximately ten minutes later, he left the Bellmawr station and drove to the One Stop Shop, a convenience store, two blocks from the Bellmawr station. At the One Stop Shop, Stall-worth ate breakfast, played the lottery, and socialized with patrons and staff. He also admitted leaving the truck unlocked but stated that it was always within his sight.

According to Stallworth, he did not keep track of time while in the store. When he returned to his truck, he realized that the keys were missing. After searching his pockets and the truck, he returned to the store to find that the keys had fallen near the cash register. He did not want to reach for the keys, as he did not want to be perceived as committing a theft; so he waited for the store owner to get them for him. Once he secured the keys, Stallworth drove back to the Bellmawr station. He restarted the truck at 9:19:37 a.m., one hour and sixteen minutes after he initially left. Although he knew he had exceeded his allotted break time, Stallworth did not call his supervisor or notify anyone of his prolonged absence.

Stallworth’s supervisor testified at the hearing that when asked about his prolonged absence, Stallworth merely said, “[y]eah, whatever.” When Stallworth was asked at the hearing why he did not tell his supervisor that he was diabetic and leaving to get something to eat, he responded, “why should I have to tell him.”

[189]*189Testimony was also presented about Stallworth’s prior disciplinary history, which included multiple violations of the CCMUA’s “Critical Rules.” Robert Cornforth, the Director of Operations and Maintenance for the CCMUA, testified that any violation of a Critical Rule was deemed “a major infraction by the agency.” He also testified that the CCMUA sought to terminate Stallworth for the present offense after reviewing and taking into account his “extensive” disciplinary history.

With respect to the present charges, the ALJ found Stallworth’s explanation that he combined his morning and lunch breaks to be incredible.4 The ALJ found that Stallworth had violated CCMUA Critical Rule 36.2(L) “by leaving the work area without permission during work hours” and Critical Rule 36.2(Q) “because he was in possession of the County vehicle for more than the allotted [fifteen] minute break time.” The charge of violating Critical Rule 36.2(1) related to Stallworth not having adjusted his time record for this absence. The ALJ found this charge was not sustained because “the matter was immediately brought to the attention of his supervisors,” and Stallworth was not instructed by a supervisor to make such an adjustment.

The ALJ noted Stallworth’s extensive “disciplinary record,” listing sixteen charges (including fourteen “Critical Rule” violations) sustained against him between 1993 and 2006. The record included six separate charges of violating Critical Rule 36.2(0), “performing work of inferior quality”; two prior charges of violating Critical Rule 36(Q), “personal use of company vehicle;” [190]*190charges of violating Critical Rules 36.2(K) and (R), insubordination; and charges of violating Critical Rules 36(R), “harassment;” 36.2(H), “endangering the life of others;” 36.2(R), “conduct that will reflect discredit upon the [Ajuthority;” and 36.2(P), “sleeping” on the job.

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Bluebook (online)
26 A.3d 1059, 208 N.J. 182, 32 I.E.R. Cas. (BNA) 179, 2011 N.J. LEXIS 477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-stallworth-nj-2011.