IN THE MATTER OF TAQIYYAH DAVIDSON (CIVIL SERVICE COMMISSION), A-0246-15T2

Background

Taqiyyah Davidson, an Essex County Juvenile Detention Officer (employed since 2010; police academy graduate), was investigated for visiting and maintaining contact with a former juvenile detainee, T.W.
Surveillance video and sign-in logs showed Davidson visited T.W. in jail on the day she admitted dropping off his mother and on about a dozen other occasions; she initially denied visiting and denied knowledge of the fraternization policy.
County and academy training records and testimony established Davidson received instruction on fraternization and ethics, and she scored 90% on the fraternization portion of the academy exam.
Essex County issued disciplinary charges for violating county fraternization policies and regulations (including N.J.A.C. violations) and sought termination; a departmental hearing officer sustained charges but imposed a three-month suspension.
On administrative appeal, an OAL judge recommended an eight-month suspension; the Civil Service Commission conducted de novo review and upheld Davidson's removal, finding credible evidence of policy violations and that removal was appropriate given her position's public-safety responsibilities.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there was sufficient evidence Davidson violated fraternization policies and lied about visits	Davidson: Employer failed to prove she knew of the policy and did not produce her signed acknowledgement of policy	County/Commission: Surveillance, logs, training records, testimony and exam score show visits and knowledge of policy	Held: Substantial credible evidence supported findings of fraternization and misconduct; charges sustained
Whether Commission erred by not requiring progressive discipline (i.e., should not have removed given clean record)	Davidson: Removal disproportionate; no prior discipline and lacked proof of notice for policy	Commission/County: Davidson is a public-safety officer held to a higher standard; seriousness of fraternization with detainee outweighs clean record	Held: Removal was not arbitrary or disproportionate; Commission reasonably upheld termination
Whether agency decision was arbitrary, capricious, or unsupported by record	Davidson: Agency acted unfairly given alleged procedural gaps (missing signed policy receipt)	Commission: Agency's factual findings were supported by credible evidence and lawful deference applies	Held: Appellate review finds agency action reasonable and supported by record; affirmed
Whether other sufficient cause charge (N.J.A.C. 4A:2-2.3(a)(12)) was proven	Davidson: Not addressed separately beyond general defense	County: Charged but lacked specific evidence beyond fraternization allegations	Held: Commission dismissed the "other sufficient cause" charge but sustained conduct-unbecoming and policy-violation charges

Key Cases Cited

Newark v. Natural Res. Council Dep't of Envtl. Prot., 82 N.J. 530 (discussing deference to agency expertise)
Henry v. Rahway State Prison, 81 N.J. 571 (standards for reviewing administrative action)
Bowden v. Bayside State Prison (Dep't. of Corr.), 268 N.J. Super. 301 (review whether findings reasonably reached on credible evidence)
Close v. Kordulak Bros., 44 N.J. 589 (standard for appellate review of factfinding)
In re Polk License Revocation, 90 N.J. 550 (limits on substituting appellate judgment for agency)
Barone v. Dep't of Human Servs., Div. of Med. Assistance & Health Servs., 210 N.J. Super. 276 (burden to show agency action arbitrary or unreasonable)
In re Authorization for Freshwater Wetlands Gen. Permits, 372 N.J. Super. 578 (deference to agency so long as action is authorized and reasonable)
In re Distrib. of Liquid Assets, 168 N.J. 1 (agency expertise deference principle)
In re Carter, 191 N.J. 474 (removal must not be so disproportionate to offense as to shock fairness)