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4 N.J.A.R. 479

Jersey City, City of; Forsythe, Alexander G. v
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Citation: 4 N.J.A.R. 479
Decision Date: 1982
Agency: CIVIL SERVICE COMMISSION
Synopsis: Appellant challenged a 15-day suspension from his duties as a police officer imposed by the City of Jersey City because the City believed that appellant had violated an internal police directive governing the use of sick leave by leaving home while out on sick leave without permission from the Medical Bureau. The administrative law judge found that it was undisputed that while on sick leave the appellant had left home to see his attorney in order to consult with the attorney on a challenge to the Director of the Jersey City Medical Bureau's order prohibiting him from visit- ing his own doctor. This visit came after the appellant repeatedly attempted to contact the Medical Bureau without success. In addition, the judge found that the Medical Bureau had no clear-cut standards setting forth the circumstances under which it would grant or deny permission for an officer absent from work due to sickness to leave home. While noting that such regulations have been found to be valid, the judge found that under the regulations the City had applied its sick leave policy in an arbitrary and unreasonable manner and, there- fore, reversed the imposition of the 15-day suspension. Patricia K. Costello, Esq., for appellant (McAlevy & Costello, at- torneys) Bernard Abrams, Asst. Corp. Counsel, for respondent
Citation Tracker adopted-Civil Service Comm.; affirmed -App. Div. A-4844-80, 9/27/82 (unreported) [Updated through 1991]