IN THE MATTER OF ANTONIO MARTINEZ, CITY OF ASBURY PARKÂ (CIVIL SERVICE COMMISSION)

NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
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SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-2129-15T3
IN THE MATTER OF ANTONIO
MARTINEZ, CITY OF ASBURY
PARK.
_____________________________
Submitted May 16, 2017 – Decided June 5, 2017
Before Judges Reisner and Sumners.
On appeal from the Civil Service Commission,
Docket No. 2016-542.
Feeley & LaRocca, and the Blanco Law Firm,
attorneys for appellant (Pablo N. Blanco, of
counsel and on the brief; John D. Feeley, on
the brief.
Steven S. Glickman, attorney for respondent
City of Asbury Park.
Christopher S. Porrino, Attorney General,
attorney for respondent Civil Service
Commission (Cameryn J. Hinton, Deputy Attorney
General, on the statement in lieu of brief).
PER CURIAM
Antonio Martinez appeals from a December 18, 2015 final
decision of the Civil Service Commission, adopting the initial
decision of an Administrative Law Judge (ALJ) upholding Martinez's
termination from the Asbury Park Police Department. Having
reviewed the record, we affirm, substantially for the reasons
stated in the Initial Decision, as adopted by the Commission. We
add these comments.
In brief summary, Martinez, an Asbury Park police officer,
engaged in a sexual relationship with a female suspect, whom he
had arrested on drug charges. Although Martinez initially denied
the sexual relationship in an interview with the prosecutor's
office, he later admitted it during the police department's
disciplinary investigation. Specifically, he admitted that he had
sex with the woman while the criminal charges were pending, and
again after her criminal case was resolved. Based on his conduct
in lying to the prosecutor's office, and having a sexual
relationship with a criminal suspect, the ALJ found that Martinez
had committed conduct unbecoming a public employee and had violated
multiple police department rules. Due to the seriousness of the
infractions, the ALJ concluded that termination from employment
was warranted, despite Martinez's otherwise unblemished record.
The Commission agreed.
Having reviewed the record in light of the applicable legal
standards, we find no basis to disturb the Commission's decision.
The ALJ's factual findings, which the Commission adopted, are
supported by substantial credible evidence. See In re Stallworth,
208 N.J. 182, 194 (2011). The infractions were sufficiently severe
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that termination, without following progressive discipline, was
appropriate. Id. at 196-97; In re Herrmann, 192 N.J. 19, 33-34
(2007). Moreover, the penalty is not so harsh as to shock our
sense of fairness. In re Carter, 191 N.J. 474, 484 (2007).
Affirmed.
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