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6 N.J.A.R. 25

Paterson, City of Clark, Rosalie, Gasparino, Ann & Le Protto, Orlando v
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Citation: 6 N.J.A.R. 25
Decision Date: 1980
Agency: CIVIL SERVICE COMMISSION
Synopsis: Le Protto had been employed by the City of Paterson as a Chief Clerk in the Department of Finance since February 1, 1970. The City issued a layoff notice to Le Protto, among others, on February 28, 1979, as a means of reducing its costs to meet a three million dollar shortfall in its 1979 budget. Le Protto appealed this layoff claiming that the City had exercised bad faith in dismissing him. The administrative law judge noted that a municipality's layoff of permanent employees was presumed to have been made in good faith and that an employee challenging such a layoff has the burden to show that it was in bad faith, i.e., that the layoff was not to intended to accomplish economies but to remove a Civil Service employee without complying with statutory procedures. After evaluating the testimony, the administrative law judge found that the City's Director of Finance had alone made the determination to lay off the petitioner and had failed to perform any cost analysis before the layoff was made, or to follow the proper layoff procedures contained in N.J.A.C. 11:1-1, et seq., or N.J.A.C. 4:1-1 et seq. James V. Segreto, Esq., for petitioner Orlando Le Protto (Segreto & Segreto, attorneys) James A. Farbet, Assistant Corporation Counsel for respondent (Henry, Ramer, Corporation Counsel, attorney)
Rule(s) Cited: 4:1-1.1 et seq. 
Statute(s) Cited: 11:1-1 et seq. 
Citation Tracker modified-Civil Service Comm.; affirmed -App. Div., A-3801-79, 3/13/81 (unreported) [Updated through 1991]