IN THE MATTER OF CALVIN PARKMAN, POLICE DEPARTMENT, CITY OF NEWARK

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-2893-03T22893-03T2

IN THE MATTER OF

CALVIN PARKMAN,

POLICE DEPARTMENT,

CITY OF NEWARK

_____________________________________________

 

Submitted May 9, 2006 - Decided August 18, 2006

Before Judges Kestin and Humphreys.

On appeal from a Final Administrative

Decision of the New Jersey Merit System

Board, OAL CSV 08464-01, DOP 2002-1519.

Fusco & Macaluso, attorneys for appellant

Calvin Parkman (Michael G. Brucki, on the brief).

Joanne Y. Watson, Corporation Counsel, attorney for

respondent City of Newark (Carolyn A. McIntosh, Assistant Corporation Counsel, on the brief).

Zulima V. Farber, Attorney General, attorney

for respondent Merit System Board (Todd A. Wigder,

Deputy Attorney General, on the brief).

PER CURIAM

Calvin Parkman appeals from a decision of the New Jersey Merit System Board removing him from his employment as a Newark police officer. An Administrative Law Judge (ALJ), Judge Carol Cohen, found that Parkman had voluntarily ingested cocaine, a controlled dangerous substance. She recommended his removal. The Merit Board accepted and adopted the ALJ's findings and conclusions.

Parkman contends that the decisions of the ALJ and the Merit Board were arbitrary, capricious and unreasonable. We disagree and affirm substantially for the reasons stated by Judge Cohen in her written opinion. We add the following.

Parkman testified that his estranged girlfriend placed cocaine in his Kool-Aid without his knowledge. The girlfriend offered supporting testimony. Judge Cohen found that their testimony was not credible. Parkman argues that the ALJ should have accepted their testimony.

An ALJ's findings on the credibility of witnesses will be upheld if the findings could reasonably have been reached on sufficient credible evidence. In re Taylor, 158 N.J. 644, 658-660 (1999); Cavalieri v. Board of Trustees, 368 N.J. Super 527, 537 (App. Div. 2004) (When a record involving lay witnesses can support more than one factual finding, the ALJ's findings on credibility control unless they are arbitrary or not based on sufficient credible evidence in the record as a whole.)

We have reviewed the record. We are satisfied that Judge Cohen's credibility findings are not arbitrary and were reasonably reached on sufficient credible evidence. She set forth in her opinion her reasons for the findings.

Her credibility findings are supported by the testimony of a toxicologist. He testified that Parkman would have had severe reactions if he had ingested the cocaine. Parkman testified that he did not feel ill or suspect anything untoward while he was drinking the Kool-Aid.

Judge Cohen reasonably concluded in her opinion that "based on Mr. Parkman's years of experience as a patrolman dealing with people on drugs, I do not find it credible that an officer would not be aware that his Kool-Aid was tainted or would not recognize the effects of drugs on his system."

Judge Cohen also stated in her opinion persuasive reasons why she did not accept the testimony of the girlfriend. Judge Cohen's credibility findings are upheld.

 
We also uphold Judge Cohen's recommendation that Parkman be removed and the agency's acceptance and adoption of the recommendation. A police officer who voluntarily ingests a controlled dangerous substance should not remain a police officer. See Rawlings v. Police Dept. of Jersey City, 133 N.J. 182, 189 (1993) (A police officer who uses or sells drugs is a threat to the public).

Affirmed.

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A-2893-03T22893-03T2

August 18, 2006