A New Jersey employment law decision recently examined the effect of a conviction under the newly enacted New Jersey Police Training Act and with the New Jersey Police Training Commission in the case of Garcia vs. New Jersey Police Training Commission.
Background
Gregory Gacia was a police officer with the Wharton, New Jersey, Police Department. As a result of a search of his residence, he was charged with false representations and gun possession offenses. Thereafter, on November 14, 2022, he entered into a plea agreement whereby he pled guilty to one count of possessing a large capacity ammunition magazine in the fourth degree. He was sentenced to one year of probation, with the judgment of conviction entered on January 13, 2023. Garcia appealed his decision to the Appellate Division of the Superior Court of New Jersey, when affirmed his conviction on October 7, 2024. He thereafter appealed to the Supreme Courts of New Jersey and the United States, both of which refused to hear his appeal.
On May 16, 2024, the New Jersey Police Training Commission commenced proceedings to revoke his law enforcement license because of his conviction. Garcia requested a hearing, but the Commission refused explaining that it was “statutorily required” to revoke his law enforcement license, and thus a hearing was unnecessary. Thereafter, on June 5, 2024, the Commission issued a final decision revoking Garcia’s license.
Garcia thereafter also appealed the revocation of his law enforcement license to the Appellate Division, arguing that the revocation was premature because he had not exhausted his appeals of the criminal conviction. The adverse decisions by the Appellate Division, and the New Jersey and United States Supreme Court came after the agency acted.
The Police Training Act
The New Jersey Police Training Act governs the licensing of New Jersey law enforcement officers, and establishes a statewide licensing system overseen by the Police Training Commission. The Act requires that the Commission revoke a police officer’s license upon conviction of a crime. (The New Jersey Forfeiture Statute also requires forfeiture of and disqualification from public office or employment upon the conviction of many crimes.)
The Appellate Division’s Opinion
The Appellate Division rejected Garcia’s arguments. While acknowledging that the denial of his appeals by the New Jersey and United States Supreme Courts rendered his appeal moot, the Court went on to explain that even had they not his appeal would fail.
Garcia argued that until his appeals were exhausted he had not been “convicted” within the meaning of the New Jersey Police Training Act. The Court rejected this argument, explaining that: “Given that New Jersey courts consistently interpret ‘conviction’ to mean a guilty plea or judgment of conviction even if there are outstanding appeals, the Commission was required to revoke petitioner’s license before the direct appeals process had been concluded.”
The Appellate Division also rejected Garcia’s argument that the New Jersey Police Training Commission had discretion to not to revoke an officer’s license despite his conviction in the interests of justice based on his honorable service. However, the court explained that the language of Police Training Act is clear and unambiguous: “‘The commission shall revoke a law enforcement officer’s license’ if they have been convicted of a crime in the State.”
The Appellate Division therefore upheld the revocation of Garcia’s law enforcement license. It explained: “In sum, the revocation of a law enforcement license is mandatory and automatic when, as in this case, the licensee is convicted of a crime. The Commission simply had no discretion and thus we have no grounds upon which to intervene.”
The Takeaway
Both the Police Training Act and the Forfeiture Statute will generally require that that law enforcement officers lose their law enforcement licenses and employment upon conviction of a crime. If an officer is charged with a crime he should consider this before agreeing to any plea agreement, as the revocation of his license is “automatic.”
However, there are no published cases on whether a license should be restored if the officer is later successful in having the charges dismissed on appeal. There is a strong argument under other laws that they should be.
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