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5 N.J.A.R. 473

Transportation, Department of; Schonwald, Wallace J. v
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Citation: 5 N.J.A.R. 473
Decision Date: 1982
Synopsis: Appellant who had held the permanent title of Regional Engineer in the Department of Transportation was removed from his position on charges of having been convicted of criminal offense. The appellant had been convicted of charges involving misconduct in public office but argued that he should be allowed to resign voluntarily and he should not be subject to former Civil Service removal procedures. The administrative law judge found that even though appellant had automatically fortiered his office at the time of conviction by the operation of statute, the State was not precluded from using the normal regulatory removal machinery. The forfiture statute does not deprive the respondent of jurisdiction and any administrative action was independent of any criminal prosecution. Nor did the judge find it unreasonable or arbitrary for the adminis- trative removal to proceed dispite the offer of a resgination since removal from Civil Service employment had ramifications beyond the immediate stations of an employee. Accordingly, the administrative law judge ordered that the removal of appellant be affirmed. Carl R. Woodward, lll, Esq., for appellant (Sweeney, Bozonelis, Staehle & Woodward, attorneys) Richard J. Harcar, Esq., Deputy Attorney General, for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney)