N.J. Civil Service Commission votes for ex-Hoboken fire chief to be reinstated

The New Jersey Civil Service Commission voted for the reinstatement of ex-Hoboken Fire Chief Brian Crimmins, consistent with a ruling from the an administrative law judge last month.

By John Heinis/Hudson County View

“In this matter, based on the reasoning presented by the ALJ and the mitigating factors presented, the Commission finds that a written reprimand is the proper penalty,” the NJCSC’s November 6th decision, obtained exclusively by HCV, says.

“Since the demotion has been reversed, the appellant is entitled to be reinstated as Fire Chief, with differential back pay, benefits, and seniority … from the first date of his demotion to Fire Fighter [sic] until the date of reinstatement as Fire Chief. However, he is not entitled to counsel fees.”

The commission asserts that state statute only allows for counsel fees to be awarded when an employee prevails on all, or nearly all, of the disciplinary issues being appealed.

Furthermore, the five-member state agency board indicates that their decision will not be final until the city and Crimmins reach an understanding on back pay and counsel fees. Both parties have 60 days to file a dispute about back pay.

However, whether or not there is a dispute, the decision says that Crimmins must be reinstated immediately, which has not happened yet as of this writing.

A closed session to discuss Crimmins’ situation is tentatively scheduled for the December 4th city council meeting, according to sources familiar with the matter who spoke under the condition of anonymity since they were not authorized to speak.

In October, New Jersey Office of Administrative Law Judge Susana Guerrero issued an order calling for Crimmins to be reinstated after nearly three-and-a-half years since being in the public safety leadership post, as only HCV reported.

He was placed on administrative leave in May 2021 before returning to work as a firefighter in April 2023, less than a week after being served with a final notice of disciplinary action by the city on March 28th, 2023.

The NJCSC agreed with Guerrero’s findings in that the City of Hoboken failed to produce credible evidence to sustain their allegations “in this matter for the majority of the charges.”

The allegations ranged from failure to hold frequent command staff meetings, making “a litany” of false statements to colleagues, targeting Battalion Chief Mario Fini, altering an emergency order, and creating a hostile work environment.

The other allegations were thrown out after testimony in the matter was deemed not credible.

Guerrero’s decision said that while Crimmins failed to hold quarterly command staff meetings in 2018 and in early 2019 and also issued “an improper, ill-advised, order” in late 2018 (he rescinded it within two weeks), the administration’s response was “excessive.”

She determined that a written warning and completing a leadership and communication training program would have been a sufficient response for those actions.

City spokeswomen Marilyn Baer and Marci Rubin did not an email seeking comment about the commission’s decision, despite Baer previously stating they were reserving comment until they rendered an outcome.

Two critics of the Mayor Ravi Bhalla administration, 1st Ward Councilman Paul Presinzano and 4th Ward Councilman Ruben Ramos, went on offense in light of last week’s outcome in Trenton.

“I don’t understand why it took two years to file the complaint, especially since the judge found only one tiny infraction. Add this judgment to the city’s list of legal losses. You have to ask the question: how many more times will the taxpayers be on the hook with this administration,” Presinzano declared.

“It’s an extremely unfortunate situation for all involved, I’ll reserve most of my comments until I receive more information from counsel. One thing is certain: this city is very good at losing in court,” chided Ramos.

Baer and Rubin did not respond to a subsequent email seeking comment about Presinzano and Ramos’ remarks.