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Karins v. City of Atlantic City2/18/1998
reating an atmosphere of fear, intimidation, harassment, and discrimination." Laura J. Lederer & Richard Delgado, The Price We Pay 4-5 (1995).
Conduct subversive of discipline and morale not only violates the department's rules and regulations, but it warrants serious discipline especially for repeat offenders. Karins, having been previously suspended without pay for similar conduct, should not be surprised to receive more severe discipline the second time. The imposition of progressive discipline will not have a chilling effect on public employees' right to engage in appropriately protected speech. In the disciplinary context, the First Amendment does not provide a retreat for purveyors of racist speech in the work environment who do not satisfy the Pickering/Connick standard. Racist speech or conduct, such as that involved in this case, is not purely private when made in connection with the performance of public service. Under those circumstances, a public employee is not immune from disciplinary proceedings. Connick, supra, 461 U.S. at 147, 103 S. Ct. at 1687, 75 L. Ed. 2d at 720. Accordingly, we reverse the judgment of the Appellate Division that resulted in a dismissal of all charges against Karins. We affirm the decision of the Personnel Director of Atlantic City and reinstate Karins's suspension for forty-eight days without pay.
Reversed.
CHIEF JUSTICE PORITZ and JUSTICES HANDLER, POLLOCK, O'HERN, GARIBALDI, and STEIN joinin JUSTICE COLEMAN's opinion.
SUPREME COURT OF NEW JERSEY
SEPTEMBER TERM 1997
NO. A-6
Appellate Division, Superior Court
ON APPEAL FROM ON CERTIFICATION TO JAMES KARINS, Appellant-Respondent, v. CITY OF ATLANTIC CITY, Respondent-Appellant.
February 18, 1998
Chief Justice Poritz PRESIDING OPINION BY justice Coleman
CONCURRING OPINION BY DISSENTING OPINION BY CHIEF JUSTICE PORITZ JUSTICE HANDLER JUSTICE POLLOCK justice O'HERN JUSTICE GARIBALDI JUSTICE STEIN JUSTICE COLEMAN
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