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5 N.J.A.R. 445

Paterson, City of; Kyles, Theodore E. Jr. et al. v
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Citation: 5 N.J.A.R. 445
Decision Date: 1982
Agency: CIVIL SERVICE COMMISSION
Synopsis: Theodore E. Kyle, Jr. appealed his layoff by the City of Paterson, charging that the layoff was not undertaken by the City in good faith. The administrative law judge assigned to the case found that Kyles was an object of the personal animus of the City's business adminis- trator and that he had played the dominant role in the process leading to Kyles's discharge. The judge noted, however, that the evidence of unlawful motivitation was not tantamount to evidence of bad faith, but merely required that the employer's allegation of good faith be exempt. The judge noted that the quality of good faith imputed in an economic layoff implies more than the mere existence of a need for economy; there must be a logical or at least reasonable connection between the established need for economy and the personnel action challenged. In this case, the judge found that the decision to terminate Kyles was made in the City's business administrator office without regard to the nature of the duties Kyles' perfomed, the ability of the depart- ment to discharge its responsibilities without benefit of these services, or the ability of other personnel to perform in Kyles place. Accordingly, the administrative law judge concluded that the layoff decision was not made primarily in order to acheire economy in government and ordered the petitioner's reinstatement with an award of backpay. James V. Segreto, Esq., for petitioner Theodore E. Kylee, Jr. (Segre- to & Segreto, attorneys) None by or on behalf of petitioner M. Francis, J. Evans, or M. Kough } Julie Romaniw, Special Legal Assistant, for respondent (lalph L. DeLuccia, Jr., Acting Corporation Counsel, attorney)