KENNETH J. SIRAKIDES, JR. VS. THE HONORABLE GURBIR S. GREWAL (L-1317-19, MERCER COUNTY AND STATEWIDE)
A-1132-19
| N.J. Super. Ct. App. Div. | Jul 28, 2021Background:
- Kenneth J. Sirakides, a 20-year New Jersey State Police trooper, applied three times (2017–2019) for promotion to sergeant; the NJSP Acting Superintendent recommended him each time.
- The Attorney General denied all three recommended promotions in form letters stating denial pursuant to N.J.S.A. 53:1-5.2 based on Sirakides' disciplinary history, without additional explanation or appeal instructions.
- Sirakides filed a Law Division declaratory-judgment action seeking retroactive promotion and back pay; the Law Division transferred the matter to the Appellate Division as a final agency decision.
- The Appellate Division received an amplification from the Attorney General restating that the denials were based on Sirakides' lengthy disciplinary history.
- Sirakides' disciplinary record included multiple internal investigations, seven substantiated charges, suspensions (including a 60-day and a 20-day suspension), and other discipline between 2012–2016.
- The Appellate Division affirmed the transfer and held the Attorney General's denials were not arbitrary, capricious, or unreasonable given the disciplinary record and supervisory nature of the sergeant role.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the AG's denial letters were final agency decisions (jurisdiction) | Letters were mere polite refusals lacking findings, legal reasoning, finality language, or appeal notice; Law Div. retained jurisdiction | Denial letters constituted final agency action; appellate court has exclusive review of final agency decisions; amplification clarifies reason | Letters were final agency decisions; transfer to Appellate Division proper |
| Whether the time-to-appeal rule (Rule 2:4-1(2)(b)) bars review | Sirakides implied timeliness issue but argued Law Division jurisdiction; contended transfer was appropriate | Respondents argued appeals were untimely beyond 45 days | Court declined to dismiss on timeliness grounds after transfer and proceeded to merits |
| Whether the AG's denials were arbitrary and capricious (merits) | Denial unreasonable because letters lacked detail and process; asked court to reverse | Denials justified by substantial disciplinary history affecting suitability to supervise as a sergeant | Denials were not arbitrary or capricious given multiple substantiated charges, suspensions, and supervisory fitness concerns |
Key Cases Cited
- Prado v. State, 186 N.J. 413 (2006) (Appellate Division has exclusive jurisdiction to review final agency decisions)
- Silviera-Francisco v. Bd. of Educ., 224 N.J. 126 (2016) (final agency action requires unmistakable written notice of finality; findings/conclusions may be required)
- DeNike v. Bd. of Trs., 34 N.J. 430 (1961) (informal administrative conferences lacking prescribed review process may not constitute final agency decisions)
- In re CAFRA Permit No. 87-0959-5, 152 N.J. 287 (1997) (discussing characteristics of final agency action)
- Strategic Env't Partners, LLC v. N.J. Dep't of Env't Prot, 438 N.J. Super. 125 (App. Div. 2014) (agency final-decision review principles)