Unpublished Opinions for the Week of March 20, 2017

ADMINISTRATIVE LAW | GOVERNMENT | EMPLOYMENT LITIGATION

New Jersey Law Journal

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01-2-2742 In the Matter of Basem Zaghloul, N.J. Super. App. Div. (per curiam) (9 pp.) Zaghloul, a Newark police officer, was subject to a ten-day suspension following charges of conduct unbecoming a public employee, insubordination, and violations of Newark Police Department Rules and Regulations. The charges arose when Zaghloul became angry after over-hearing two detectives discuss errors he had made on forms and subsequently inappropriately referred to the detectives as "baby" and "sunshine." At the administrative appeal hearing, counsel moved to dismiss claiming the city hadn't completed its case and, as a result, Zaghloul should not be forced to testify. The ALJ decided there was a preponderance of the evidence to support a ten-day suspension which was accepted by the Commission. On appeal, the court affirmed holding uncontroverted credible evidence proved the charges against Zaghloul and the Commission's acceptance of the ALJ's decision was not arbitrary, capricious, or unreasonable. Further, the court noted that there was no evidence to establish Zaghloul's reassignment was the result of the violations or in retaliation of same. As such, the court found no fault with the Commission's decision to impose a ten-day suspension and affirmed.

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