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6 N.J.A.R. 202

Health, Department of, Cape May County; Dinkins, Charles v
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Citation: 6 N.J.A.R. 202
Decision Date: 1983
Agency: CIVIL SERVICE COMMISSION
Synopsis: Appellant appealed his dismissal from the position of supervisor for the Department of Health resulting from his conviction for a violation of N.J.S.A 2C:24-4A. Appellant argued that N.J.S.A 2C:51-2, which provides for the forfeiture of public employment based on a conviction for certain crimes, could be enfored only by the county prosecutor and not in an action before the Civil Service Commission. The administrative law judge assigned to the case concluded that the forfeiture statute was mandatory with no exceptions set forth. Under the statute, the judge determined that there were alternative methods for removing an individual holding public office after a conviction. Rejecting the appellant's argument, the judge noted that the appointing authority could have proceded in a Superior Court action but that it had chosen to proceed administratively and had followed all necessary procedures. Accordingly, the administrative law judge concluded that the ap- pellant had forfeited his position upon conviction. Bruce M. Gorman, Esq., for appellant (Gorman & Goodkin, at- torneys) Cosmo A. Giovinazzi, III, Esq., for respondent (Tuso, Gruccio, Pepper, Giovinazzi & Butler, attorneys)