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A former NJ correction officer at Northern State Prison in Newark was properly fired after failing to report toll lane violations in 2010, a state appeals panel ruled today.

(Tony Kurdzuk/The Star-Ledger)

TRENTON

— A state appeals panel today upheld the firing of a former correction officer at Northern State Prison in Newark who failed to report that he was charged by the State Police in 2010 for toll violations.

Thomas Whitley, who had worked at the prison for 24 years and was a lieutenant, was charged Nov. 2, 2010, with theft of services for the violations, but did not report them to his supervisor, as required, until June 2, 2011, after he was indicted and arraigned.

Court documents did not state how much in tolls Whitley owed.

Shortly thereafter, Whitley was served with a notice of disciplinary action and later fired for conduct unbecoming of a public employee and violation of a regulations. The Civil Service Commission adopted the findings and affirmed Whitley's firing.

But Whitley, in his appeal, argued the penalty was disproportionate and did not consider that he had no prior disciplinary infractions. But the two-judge panel rejected the argument as without merit and called Whitley's violations "egregious."

"This was exacerbated by the fact that he continued to work when he was subject to an immediate suspension without pay as of the time he was charged," the panel wrote. "As the commission observed, Whitley 'exhibited a lack of integrity which is unacceptable for a correction officer in a supervisory position.'"

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