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7 N.J.A.R. 91

Steinel, John v. Jersey City, City of
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Citation: 7 N.J.A.R. 91
Decision Date: 1983
Synopsis: Appellant contested his removal from the position of engineering aide with the City of Jersey City. After an appeal to the Civil Service Commission, the matter was assigned to an administrative law judge. The judge found that although appellant did not ordinarily do inspection work, he had been assigned to perform inspection work on a road resurfacing project. Almost immediately, the appellant in- formed his supervisor that the contractor was using the wrong expan- sion-joint filler; no action was taken and while appellant continued to be aware of the use of the wrong material, he waited for his supervi- sors to stop it. In addition, appellant had failed to determine if the depth of cement was that required by the specifications. The judge concluded that the appellant was not guilty of neglect of duty in failing to notify his supervisor that improper joint material was being used but was guilty of neglect of duty in failing to deter- mine if the depth of the cement was correct. The judge rejected the appellant's removal from his position ordering, instead, a six-month suspension without pay with back pay following the period of the six- month suspension. With the exception of the award of back pay, the Civil Service Commission accepted the judge's findings. Philip Feintuch, Esq., for appellant. Jay Hamill, Assistant Corporation Counsel, for respondent (Mat- thew Burns, Corporation Counsel, attorney). Initial Decision
Citation Tracker modified-Civil Service Comm.; modified-193 N.J. Super. 629 (App. Div. 1984) [Updated through 1991]