Henry v. Rahway State Prison

The opinion of the court was delivered by

POLLOCK, J.

The primary issue on these appeals involves the standard of review to be applied by the Civil Service Commission in appeals de novo from decisions of state or local appointing authorities in disciplinary proceedings against employees.

Jesus Torres and Otis Henry are two employees who were dismissed by the New Jersey Department of Corrections in separate disciplinary proceedings. They assert that, on an appeal de novo, the Commission may conduct a hearing, make independent findings and substitute its judgment for that of the appointing…