The Rutgers University police officer was suspended following an internal affairs investigation sparked by citizen complaint
NEWARK -- The state appeals court has denied a Rutgers police officer a third-party review of a two-week suspension.
The university officer, who was not named, was suspended following an internal affairs investigation sparked by citizen complaint, according to the ruling. The appeal was filed by the Fraternal Order of Police Lodge 62 on behalf of the officer in February seeking an independent review of the 80-hour suspension after the officer filed three grievances internally.
The Appellate Division of Superior Court of New Jersey ruled Thursday that Rutgers police officers are not eligible for binding arbitration in disciplinary reviews under the New Jersey Employer-Employee Relations Act.
Tyler Clementi case has bias convictions overturned
The court's decision affirmed the Public Employment Relations Commission's interpretation of the act to only allow the dispute resolution to public state employees.
"[Rutgers University] and its police department are not the State of New Jersey," the court's opinion said. "Rutgers has been described as a 'hybrid institution - at one and the same time private and public, with the State being granted a major voice in management, and the designation 'State University.'"
The officer said in the appeal that the state labor agency's decision was based on an "erroneous interpretation, which 'flies in the face of the express language of the statute and the statute's legislative intent.'"
PERC previously granted Rutgers' petition to restrict the binding arbitration and cited in its brief a 1993 state case that prevented State Police troopers from entering a third-party review of discipline.
"(Rutgers) has a managerial prerogative to impose major or minor discipline," PERC wrote in its brief.
Craig McCarthy may be reached at CMcCarthy@njadvancemedia.com. Follow him on Twitter @createcraig. Find NJ.com on Facebook.