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01-2-9541 In the Matter of Presley, N.J. Super. App. Div. (per curiam) (14 pp.) Appellant, formerly employed as a family service worker at the Passaic North office of respondent New Jersey Department of Children and Families, appealed from a final decision of the Civil Service Commission addressing the imposition of discipline for misconduct, which the CSC affirmed, and appellant’s release from employment following a probationary period, which was also upheld. Appellant contended that the CSC’s decisions to impose a 120-day suspension and uphold his termination at the conclusion of his working test period were arbitrary, capricious and unreasonable, and not supported by substantial evidence. The panel affirmed. It said that the record contained substantial evidence supporting the CSC’s findings where, despite receiving warnings and being counseled regarding the state vehicle policy after two anonymous telephone complaints regarding cellphone use while driving, appellant thereafter failed to sign out a vehicle; was unable to account for 300 miles of use; admitted he drove a state vehicle for personal errands; and drove in an erratic manner while speeding. The panel said that appellant’s inability to abide by the department’s vehicle policy and state traffic laws proved that he was unwilling or unable to perform the position as required. Further, the record showed that prior warnings and directives to familiarize himself with the policy went unheeded. The panel found no error in the admission of testimony by an off-duty park police officer who testified that he had observed appellant driving a state vehicle in an erratic fashion while speeding, or in the use of the anonymous complaints, as they were not the foundation of the disciplinary charges or appellant’s release after his probationary period but were corroborative of his disregard of the state policy after being counseled and warned.

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