10-2-2870 Lapolla v. Cnty. of Union, N.J. Super. App. Div. (Espinosa, J.A.D.) (26 pp.) Plaintiff claimed to be the victim of political patronage, suffering adverse employment actions in part because his politically active brother sparred with the chairwoman of the Union County Democratic Party. Plaintiff’s appeal from the dismissal of his complaint presents the question whether his familial and social affiliations qualify as constitutionally protected conduct that satisfies an essential element of his claims for violation of the New Jersey Civil Rights Act (NJCRA), N.J.S.A. 10:6-1 to -2, and retaliation. We hold that they do not. (Approved for Publication)
25-2-2858 In the Matter of John Restrepo, Dep’t of Corr., N.J. Super. App. Div. (Leone, J.A.D.) (21 pp.) After an ALJ reduced a corrections officer’s disciplinary sanction, the Civil Service Commission (Commission) issued a preliminary decision within 45 days and obtained two 15-day extensions before issuing its final determination reinstating his termination. His appeal raises the issue of whether the timeliness of Commission decisions in disciplinary cases involving law enforcement officers and firefighters is governed by the recent legislation addressing such cases, N.J.S.A. 40A:14-200 to -212 (2009 Act), or by the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -15. The Appellate Division holds the specific 2009 Act governs the conflicting provisions of the general APA. Under N.J.S.A. 40A:14-204, the Commission’s extensions were proper. Its lack of a quorum was an adequate grounds for an extension. Thus, its decision was timely even though its preliminary decision was inadequate. The court upheld the Commission’s decision that progressive discipline was not required. (Approved for Publication)
