Roberts v. State of New Jersey Division of State Police

902 A.2d 304, 386 N.J. Super. 546, 2006 N.J. Super. LEXIS 208
CourtNew Jersey Superior Court Appellate Division
DecidedJuly 19, 2006
StatusPublished
Cited by3 cases

This text of 902 A.2d 304 (Roberts v. State of New Jersey Division of State Police) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roberts v. State of New Jersey Division of State Police, 902 A.2d 304, 386 N.J. Super. 546, 2006 N.J. Super. LEXIS 208 (N.J. Ct. App. 2006).

Opinion

The opinion of the court was delivered by

PAYNE, J.AD.

In this appeal, we are again called upon to construe the time limitations of N.J.S.A. 53:1-38 applicable to determinations to remove, suspend or otherwise discipline members of the New Jersey State Police for violation of the Police’s internal rules and regulations governing conduct. That statute provides in part:

A complaint charging a violation of the internal rules and regulations established for the conduct of the State Police shall be filed no later than the 45th day after the date on which the person filing the complaint obtained sufficient information to file the matter upon which the complaint is based____

The statute also provides that “[a] failure to comply with the provisions of this section concerning ... the time within which a complaint is to be filed shall require a dismissal of the complaint.”

In two recent appeals in which filing of disciplinary complaints was alleged by petitioners to have been untimely, we held that because N.J.S.A. 53:1-10 authorizes the State Police Superintendent to “make all rules and regulations for the discipline and control of the state police” and those rules vest authority in the Superintendent to order investigations and bring disciplinary charges, the forty-five day period to which this portion of the statute refers does not commence to run until the Superintendent receives the investigatory report in a disciplinary matter. See Division of State Police v. Maguire, 368 N.J.Super. 564, 570-71, [549]*549847 A.2d 614 (App.Div.), certif. denied, 181 N.J. 545, 859 A.2d 690 (2004); see also DeBenedictis v. State, 381 N.J.Super. 233, 237-38, 885 A.2d 491 (App.Div.2005) (similarly interpreting an expanded 120-day time frame applicable to certain charged offenses).

The issue in the present appeal concerns the construction of a further provision of the statute that states:

The applicable time limit shall not apply if an investigation of an officer or trooper for a violation of the internal rules or regulations of the law enforcement unit is included directly or indirectly within a concurrent investigation of that person for a violation of the criminal laws of this State. The applicable time limit shall begin on the day after the disposition of the criminal investigation.

Appellant, Trooper Ronald Roberts, Jr., contends that the language of this provision grants the Superintendent only forty-five days following the conclusion of a criminal investigation to file charges, regardless of when the Superintendent receives the results of the State Police’s own investigative report. We reject that interpretation as inconsistent with the legislative history of the statute, find the charges filed against Roberts to have been timely, and remand the matter for completion of disciplinary proceedings.

These are the facts. On March 5, 2003, Roberts’ girlfriend, Dina Colasurdo, filed domestic violence charges of assault and harassment against Roberts and was granted a temporary restraining order. She also disclosed that in addition to the verbal harassment giving rise to her complaint, Roberts had broken her arm in October of the previous year. State Police rules and regulations required Roberts to self-report the charges within four hours of the time that they were filed. However, Roberts did not do so, but instead delayed notification to his employer of the criminal complaint until March 11,2003.

An investigation was commenced by the State Police on the day of Colasurdo’s complaint. However, the investigation was suspended on March 25, 2003 after the matter was referred to the Division of Criminal Justice, Office of Insurance Fraud Prosecutor as the result of Colasurdo’s statement that Roberts had attempted to defraud his homeowner’s insurer by claiming that Colasurdo’s [550]*550broken arm was sustained in a fail down a flight of stairs, and not as the result of domestic violence.

By letter dated December 22, 2003, the Insurance Fraud Prosecutor informed the State Police that there was not enough evidence to proceed, and the Prosecutor was declining prosecution in the matter. Upon receipt of that letter, the internal investigation was reassigned to Lieutenant Maureen Scianimanico on December 30, 2003 and concluded by her on January 29, 2004. After reviewing and concurring with her findings, on February 17, 2004, Major Gordon Coleman, Bureau Chief of the Internal Affairs Investigations Bureau, transmitted the completed internal investigation to the Superintendent. The Superintendent authorized administrative charges on February 20, 2004.

Roberts was served with a written reprimand on March 1, 2004 by the Office of Professional Standards, which provided for a five-day suspension, two days of which would be held in abeyance for one year. A hearing was scheduled for March 29, 2004, but was adjourned at Roberts’ request. On April 15, 2004, Roberts filed a verified complaint in the Superior Court in which he challenged the timeliness of the disciplinary charge and sought its dismissal pursuant to N.J.S.A. 53:1-33. After a motion by the State Police, the matter was transferred to us for disposition.

I.

The State Police have challenged Roberts’ action as the result of his failure to exhaust administrative remedies. We reject that challenge, finding that the exhaustion doctrine is not an absolute, Garrow v. Elizabeth Gen. Hosp. and Dispensary, 79 N.J. 549, 561, 401 A.2d 533 (1979), and that its invocation here would serve no useful purpose. In this regard, we note that the issue raised by Roberts is solely a legal one of statutory interpretation. The Supreme Court has found that:

In general, in eases “involving only legal questions, the doctrine of exhaustion of remedies does not apply.” A limited exception to this rule may be appropriate where the court perceives the agency to be in a special position to interpret its [551]*551enabling legislation, but where the agency cannot definitively or conclusively resolve the issues, and further, cannot provide any relief for plaintiffs, any delay in confronting the merits will work an injustice.
[Abbott v. Burke, 100 N.J. 269, 298, 495 A.2d 376 (1985) (citations omitted).]

Documents submitted on Roberts’ behalf demonstrate that the State Police have declined to address the implementation of the forty-five day rule administratively at contractual proceedings held to review grievance appeals of written reprimands, and have instead “defer[red] to the judicial forums” such statutory interpretation issues. In this circumstance, we find a remand to permit further administrative consideration of this issue would be fruitless. Where administrative “remedies are futile, illusory or vain, elemental considerations of justice will dictate that the courts reject their invocation as a barrier to judicial relief’ against allegedly arbitrary or illegal action. Naylor v. Harkins, 11 N.J. 435, 444,

Related

In the Matter of Idesha Howard
New Jersey Superior Court App Division, 2025
Vas v. Roberts
14 A.3d 766 (New Jersey Superior Court App Division, 2011)
Roberts v. State of New Jersey Division of State Police
924 A.2d 550 (Supreme Court of New Jersey, 2007)

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902 A.2d 304, 386 N.J. Super. 546, 2006 N.J. Super. LEXIS 208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-state-of-new-jersey-division-of-state-police-njsuperctappdiv-2006.