ADMINISTRATIVE LAW | LABOR AND EMPLOYMENT
01-2-6845 In the Matter of Barbosa, App. Div. (per curiam) (9 pp.) Appellant, a former Newark police officer, appealed the Civil Service Commission’s final agency determination upholding his termination from his employment based on his repeated violation of respondent City of Newark’s police department’s sick leave policy. The panel affirmed, finding that the ALJ and the CSC appropriately considered not only the nature of appellant’s violation but also, under the theory of progressive discipline, his past record for violating the same offenses and his sanctions for each one, and importantly, relied on appellant’s inability to be truthful about his conduct, especially as it related to his position as a police officer. Under all of the circumstances, the panel found that appellant’s termination was neither shocking nor unfair.