(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for
the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please
note that, in the interests of brevity, portions of any opinion may not have been summarized).
IN THE MATTER OF THE DISCIPLINARY HEARING OF CURTIS BYNES, PISCATAWAY TOWNSHIP
POLICE OFFICER (A-6-95)
(NOTE: This Court wrote no full opinion in this case. Rather, the Court's affirmance of the
judgment of the Appellate Division is based substantially on the reasons expressed in the PER
CURIAM opinion below.)
Argued September 11, 1995 -- Decided October 25, 1995
PER CURIAM
Patrolman Curtis Bynes of the Piscataway Police Department (PPD) was found guilty of
insubordination and feigning an injury subsequent to an Administrative Disciplinary Hearing conducted by
the PPD. As a result of these findings, Bynes was sentenced to ten days suspension for feigning an injury
and twenty days suspension for insubordination.
Bynes appealed these convictions to the Superior Court, Law Division, Middlesex County. After a
trial, the judge dismissed the feigning an injury charge, affirmed the insubordination charge, and reduced the
twenty-day suspension without pay to a three-day suspension, whereby Bynes had to forfeit three personal or
sick days.
Bynes appealed the decision of the trial court to the Appellate Division. He argued that the absence
of substantial credible evidence on the record prevented the trial court from sustaining the insubordination
charge. He argued that the PPD failed to sustain its burden of proof and violated his presumption of
innocence. The record reflects that he acted reasonably and civilly in response to a superior's abusive
behavior. Therefore, the finding of insubordination was arbitrary, capricious and unreasonable. On cross-appeal, the Township of Piscataway asserted that the sentence imposed for the insubordination charge should
not have been modified, and the charge of feigning an injury was supported by substantial evidence and
should not have been dismissed.
The Appellate Division, in a per curiam opinion, affirmed the decision of the trial court. The
appellate panel concluded that the trial court properly found there was substantial credible evidence in the
record as a whole to support the insubordination charge but that there was not substantial credible evidence
to support the charge of feigning an injury. On the issue of the reduction of the penalty imposed on the
insubordination charge, the Appellate Division found that the trial court's conclusion that the original penalty
was unduly harsh in relation to what actually transpired was based on findings that were amply supported by
the record.
One judge dissented, finding that Bynes, considering his condition, reacted reasonably to the overall
insensitivity of a superior officer. According to the dissent, Bynes' conduct, as a matter of law, did not rise
to the level of insubordination under the circumstances presented.
Bynes appeals to the Supreme Court as of right based on the dissent below.
HELD: Judgment of the Appellate Division is AFFIRMED substantially for the reasons expressed in the
written per curiam opinion below. There was substantial credible evidence in the record to support
both the insubordination charge and the trial court's reduction of the penalty imposed .
CHIEF JUSTICE WILENTZ and JUSTICES HANDLER, POLLOCK, O'HERN, GARIBALDI,
STEIN and COLEMAN join in this opinion.
SUPREME COURT OF NEW JERSEY
A-
6 September Term 1995
IN THE MATTER OF THE
DISCIPLINARY HEARING OF
CURTIS BYNES, PISCATAWAY
TOWNSHIP POLICE OFFICER.
Argued September 11, 1995 -- Decided October 25, 1995
On appeal from the Superior Court, Appellate
Division, whose opinion is reported at ____
N.J. Super. ____ (1994).
Jacob Wysoker argued the cause for appellant
Curtis Bynes (Wysoker, Glassner &
Weingartner, attorneys).
Howard Gran argued the cause for respondent
Township of Piscataway Police Department
(Abrams, Blatz, Gran, Hendricks & Reina,
attorneys).
PER CURIAM
The judgment is affirmed, substantially for the reasons
expressed in the per curiam majority opinion of the Appellate
Division, reported at ___ N.J. Super. ___ (1994).
CHIEF JUSTICE WILENTZ and JUSTICES HANDLER, POLLOCK, O'HERN,
GARIBALDI, STEIN and COLEMAN join in this opinion.
NO. A-6 SEPTEMBER TERM 1995
ON APPEAL FROM Appellate Division, Superior Court
ON CERTIFICATION TO
IN THE MATTER OF THE
DISCIPLINARY HEARING OF
CURTIS BYNES, PISCATAWAY
TOWNSHIP POLICE OFFICER.
DECIDED October 25, 1995
Chief Justice Wilentz PRESIDING
OPINION BY Per Curiam
CONCURRING OPINION BY
DISSENTING OPINION BY