STATE OF NEW JERSEY VS. AL QUAADIR GREEN(01-10-4345, ESSEX COUNTY AND STATEWIDE), A-0820-14T3

Officer Basem Zaghloul (Newark PD) was charged after an October 12, 2011 office incident in which he yelled profanities at Detective Stacey Pickett, ignored a supervisor's order to leave, and knocked over a chair.
PNDA and FNDA charged him with conduct unbecoming, insubordination, failure to obey orders, use of foul language, and disrespect; a ten-day suspension was imposed.
Zaghloul appealed to the Civil Service Commission; the matter proceeded to an OAL hearing where testimony from Pickett, Detective Antonia Rosa, and investigator Sgt. Julio Benavente supported the charges.
The OAL record had a long adjournment; on the resumed date two City witnesses (Deputy Chief Caraballo and Sgt. Beatrice Golden) did not appear. Zaghloul moved to dismiss; the ALJ denied the motion and closed the record.
The ALJ found the appointing authority proved the charges by a preponderance of credible evidence; the Commission adopted the decision and the ten-day suspension.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the ALJ erred by refusing dismissal/continuance after City witnesses failed to appear	City subpoenas made plaintiff rely on their expected testimony; short adjournment would not prejudice City	City had presented sufficient witnesses; ALJ allowed plaintiff to subpoena missing witnesses; dismissal/continuance not required	Denied — ALJ did not err; plaintiff could have subpoenaed or testified and strategic choice not to do so is insufficient relief
Whether the ten-day suspension was disproportionate / double punishment because plaintiff had been reassigned	Zaghloul argued reassignment was punitive and amounted to double punishment	City/Commission: reassignment evidence was hearsay and insufficient to prove punitive transfer	Denied — no record support that reassignment was disciplinary; suspension not arbitrary or excessive

In re Stallworth, 208 N.J. 182 (2011) (standard of review for agency disciplinary decisions)
Henry v. Rahway State Prison, 81 N.J. 571 (1979) (agency action set aside if arbitrary, capricious, or unsupported by substantial evidence)
In re Herrmann, 192 N.J. 19 (2007) (deference applies to review of disciplinary sanctions)
In re Carter, 191 N.J. 474 (2007) (police officers held to high conduct standards; courts should defer to disciplinary body on sanctions)
In re Phillips, 117 N.J. 567 (1990) (police accept high standards of conduct as public employees)
In re Emmons, 63 N.J. Super. 136 (App. Div. 1960) (discussing public employee disciplinary standards)
Twp. of Moorestown v. Armstrong, 89 N.J. Super. 560 (App. Div. 1965) (police must present image of integrity and dependability)