Employer, a state university, sought review of Public Employment Relations Commission’s (PERC) determination that former employee, a campus police officer, was eligible to challenge his termination for alleged non-criminal misconduct through special disciplinary arbitration.
The Superior Court, Appellate Division affirmed in part and reversed in part. Employee petitioned for certification, which was granted.
The Supreme Court held that:
- Special disciplinary arbitration is not limited to non-civil service municipal police officers, and
- An officer suspended with pay prior to termination is eligible to engage in special disciplinary arbitration.
Special disciplinary arbitration is not limited to non-civil service municipal police officers but rather includes non-municipal officers like campus police officers at a public university.
A municipal or public university police officer who is suspended with pay prior to termination is eligible to engage in special disciplinary arbitration.