Opinion
DOCKET NO. A-2129-15T3
06-05-2017
IN THE MATTER OF ANTONIO MARTINEZ, CITY OF ASBURY PARK.
Feeley & LaRocca, and the Blanco Law Firm, attorneys for appellant (Pablo N. Blanco, of counsel and on the brief; John D. Feeley, on the brief. Steven S. Glickman, attorney for respondent City of Asbury Park. Christopher S. Porrino, Attorney General, attorney for respondent Civil Service Commission (Cameryn J. Hinton, Deputy Attorney General, on the statement in lieu of brief).
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3. Before Judges Reisner and Sumners. On appeal from the Civil Service Commission, Docket No. 2016-542. Feeley & LaRocca, and the Blanco Law Firm, attorneys for appellant (Pablo N. Blanco, of counsel and on the brief; John D. Feeley, on the brief. Steven S. Glickman, attorney for respondent City of Asbury Park. Christopher S. Porrino, Attorney General, attorney for respondent Civil Service Commission (Cameryn J. Hinton, Deputy Attorney General, on the statement in lieu of brief). PER CURIAM
Antonio Martinez appeals from a December 18, 2015 final decision of the Civil Service Commission, adopting the initial decision of an Administrative Law Judge (ALJ) upholding Martinez's termination from the Asbury Park Police Department. Having reviewed the record, we affirm, substantially for the reasons stated in the Initial Decision, as adopted by the Commission. We add these comments.
In brief summary, Martinez, an Asbury Park police officer, engaged in a sexual relationship with a female suspect, whom he had arrested on drug charges. Although Martinez initially denied the sexual relationship in an interview with the prosecutor's office, he later admitted it during the police department's disciplinary investigation. Specifically, he admitted that he had sex with the woman while the criminal charges were pending, and again after her criminal case was resolved. Based on his conduct in lying to the prosecutor's office, and having a sexual relationship with a criminal suspect, the ALJ found that Martinez had committed conduct unbecoming a public employee and had violated multiple police department rules. Due to the seriousness of the infractions, the ALJ concluded that termination from employment was warranted, despite Martinez's otherwise unblemished record. The Commission agreed.
Having reviewed the record in light of the applicable legal standards, we find no basis to disturb the Commission's decision. The ALJ's factual findings, which the Commission adopted, are supported by substantial credible evidence. See In re Stallworth, 208 N.J. 182, 194 (2011). The infractions were sufficiently severe that termination, without following progressive discipline, was appropriate. Id. at 196-97; In re Herrmann, 192 N.J. 19, 33-34 (2007). Moreover, the penalty is not so harsh as to shock our sense of fairness. In re Carter, 191 N.J. 474, 484 (2007).
Affirmed. I hereby certify that the foregoing is a true copy of the original on file in my office.
CLERK OF THE APPELLATE DIVISION