ORDER. This is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.

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1 In the Matter of Raymond LaPoint, East Jersey State Prison, Department of Corrections DOP DKT. NO OAL DKT. NO. CSV (Merit System Board, decided January 16, 2008) The appeal of Raymond LaPoint, Correction Sergeant, East Jersey State Prison, Department of Corrections, 10-working day suspension, on charges, was heard by Administrative Law Judge Imre Karaszegi, Jr. who rendered his initial decision on December 3, No exceptions were filed. Having considered the record and the Administrative Law Judge s initial decision, and having made an independent evaluation of the record, the Merit System Board, at its meeting on January 16, 2008 accepted and adopted the Findings of Fact and Conclusion as contained in the attached Administrative Law Judge s initial decision. ORDER The Merit System Board finds that the action of the appointing authority in suspending the appellant was justified. The Board therefore affirms that action and dismisses the appeal of Raymond LaPoint. This is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.

2 State of New Jersey OFFICE OF ADMINISTRATIVE LAW INITIAL DECISION OAL DKT. NO. CSV AGENCY DKT. NO I RAYMOND LAPOINT, Appellant, v. EAST JERSEY STATE PRISON, Respondent. Frank M. Crivelli, Esq., representing Raymond LaPoint Julio Marenco, Employee Relations Officer, appearing pursuant to N.J.A.C. 1:1-5.4(a)2, for respondent East Jersey State Prison Record Closed: February 26, 2007 Decided: March 13, 2007 BEFORE IMRE KARASZEGI, JR., ALJ: STATEMENT OF THE CASE The respondent, East Jersey State Prison (Prison), brings a major disciplinary action against appellant, Raymond LaPoint (LaPoint), a Corrections Department Sergeant, suspending him for ten days. Prison alleges conduct

3 unbecoming an employee and other sufficient cause, specifically, violation of the New Jersey Department of Corrections policy prohibiting racial and/or sexual harassment, discrimination and/or retaliation. LaPoint denies the allegations and requests dismissal of the charges. PROCEDURAL HISTORY On April 22, 2005, Prison prepared a Preliminary Notice of Disciplinary Action against LaPoint. On June 16, 2005, Prison held a departmental hearing and on July 1, 2005, issued a Final Notice of Disciplinary Action sustaining the charges of conduct unbecoming an employee and violation of the New Jersey Department of Corrections policy prohibiting racial and/or sexual harassment, discrimination and/or retaliation. The Merit System Board transmitted the matter after LaPoint s August 11, 2005 request for a hearing, pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13, to the Office of Administrative Law (OAL), which filed it for hearing and determination as a contested case on March 29, I heard the matter on February 26, 2007 at which time the record closed. FINDINGS OF FACT General Background Information Raymond LaPoint is employed by the Department of Corrections at East Jersey State Prison as a corrections sergeant. Prison has indicated that Latasha Walker has made statements as to the alleged actions of LaPoint and is the only person with personal knowledge of such actions. However, Prison advises that Ms. Walker is not cooperating and has refused to attend OAL hearings scheduled on May 12, 2006 and this date, February 26, Prison states that it has reached out to her on numerous occasions but Ms. Walker continues to be a no show. Prison concedes that it cannot produce Walker

4 and that accordingly, the matter should not go forward since it cannot sustain its burden. Prison has no witnesses to present. Therefore, Prison is requesting a dismissal with prejudice. ANALYSIS AND CONCLUSIONS OF LAW The Civil Service Act and the regulations promulgated there under, govern the rights and duties of public employees. N.J.S.A. 11A:1-1 to 12 6; N.J.A.C. 4A:1-1.1 to 4A: An employee who commits a wrongful act related to his or her duties or who gives other just cause, may be subject to major discipline. N.J.S.A.11A:2-6, 11A:2-20; N.J.A.C. 4A:2-2.2, -2.3(a). In an appeal such as this from a disciplinary action that resulted in a ten day suspension, the burden of proof is on the appointing authority. N.J.S.A. 11A:2.21; N.J.A.C. 4A:2-1.4(a). The authority has the burden of proving the charges upon which it relied by a preponderance of the competent, relevant, and credible evidence. Atkinson v. Parsekian, 37 N.J. 143 (1962); In re Polk, 90 N.J. 550 (1982). Based upon all of the foregoing, I CONCLUDE that Prison, by its own admission, cannot prove any of the charges by a preponderance of the credible evidence. Accordingly, I DISMISS all of the charges against LaPoint with prejudice. ORDER It is ORDERED that the charges against LaPoint be DISMISSED and that Prison reimburse LaPoint for the ten days that he was suspended. I hereby FILE my initial decision with the MERIT SYSTEM BOARD for consideration. This recommended decision may be adopted, modified or rejected by the MERIT SYSTEM BOARD, which by law is authorized to make a final decision in

5 this matter. If the Merit System Board does not adopt, modify or reject this decision within forty-five days and unless such time limit is otherwise extended, this recommended decision shall become a final decision in accordance with N.J.S.A. 52:14B-10. Within thirteen days from the date on which this recommended decision was mailed to the parties, any party may file written exceptions with the DIRECTOR, MERIT SYSTEM PRACTICES AND LABOR RELATIONS, UNIT H, DEPARTMENT OF PERSONNEL, 44 South Clinton Avenue, PO Box 312, Trenton, New Jersey , marked "Attention: Exceptions." A copy of any exceptions must be sent to the judge and to the other parties. March 13, 2007 DATE IMRE KARASZEGI, JR., ALJ Date Received at Agency: Mailed to Parties: DATE cml OFFICE OF ADMINISTRATIVE LAW