Commission Contests Right to Appeal from Hearing Examiner’s Decision

City of Newark and Superior Officers Association

In H.E. No. 2015-8, the Hearing Examiner found that the City violated the Act by repudiating a grievance decision issued by its Police Director.  The decision settled and sustained grievances assering that the City violated its contract with the SOA concerning the amount and timing of lump sum payment due retiring officers.  The City did not file exceptions to the Hearing Examiner’s recommendation and, pursuant to Commission rule, N.J.A.C. 19:14-8.1(b), the Hearing Examiner’s recommended decision became a final decision of the agency.  The City appealed to the Appellate Division and the Commission is arguing that the appeal should be dismissed under Court Rule 2:2-3(a)(2), which provides that an appeal “shall not be maintainable so long as there is available a right of review before any administrative agency or officer, unless the interest of justice requires otherwise.”

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