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IN RE CARTER

924 A.2d 525 (2007)

191 N.J. 474

In the Matter of John CARTER. John Carter, Petitioner-Respondent, v. Township of Bordentown, Respondent-Appellant.

Supreme Court of New Jersey.

Decided June 20, 2007.

Attorney(s) appearing for the Case

Gregory J. Sullivan, Hamilton, argued the cause for appellant (Hartsough Kenny Chase & Sullivan, attorneys).

Mark W. Catanzaro, Moorestown, argued the cause for respondent (Mr. Catanzaro, attorney; Mr. Catanzaro and Ashley H. Auerbach, on the briefs).

Todd A. Wigder, Deputy Attorney General, submitted a letter in lieu of brief on behalf of respondent Merit System Board (Stuart Rabner, Attorney General of New Jersey, attorney).

Justice HOENS delivered the opinion of the Court.

Bordentown Police Officer John Carter was served with a series of disciplinary notices charging him with, among other things, sleeping on duty. Although the Merit System Board upheld the penalty of termination for that offense, the Appellate Division reversed, concluding that imposition of that sanction violated the principle of progressive discipline. We granted the Township of Bordentown's petition for certification...

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