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9 N.J.A.R. 84

Newark Free Public Library; Davis, Patricia v
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Citation: 9 N.J.A.R. 84
Decision Date: 1987
Agency: MERIT SYSTEM PROTECTION BOARD
Synopsis: Appellant appealed from her release by the Newark Free Public Library at the end of her working test period pursuant to N.J.A.C. 4:1-13.7. The administrative law judge assigned to the case found that the position from which the appellant was released involved various deal- ings with library patrons as well as related clerical tasks. Appellant had been observed by her supervisors acting in a rude manner to patrons and complaints had been received from the patrons as well. In addition, the judge found that despite advice from her supervisors neither appellant's demeanor nor her handling of clerical duties had improved. The judge determined that the question to be resolved was whether appellant had proven that she had been denied a fair evalu- ation of her work. The regulations make clear that the purpose of the working-test period is to enable the appointing authority to evalu- ate an employee's work performance. The appointing authority must show good faith in evaluating the performance, i.e., the appointing authority has actually observed the probationer's performance and found it unsatisfactory. A fair evaluation is further evidenced by giving of guidance to the employee, as well as notification of any deficiencies. Based upon his factual findings, the administrative law judge concluded that the appellant had not borne her burden of proof and affirmed her release from her position. Upon its review this decision was accepted by the Merit System Board. State of New Jersey 85 Patricia Davis, appellant, pro se Victor E. Raimo, Esq., for respondent (Rosalind Lubetsky Bressler, Corporation Counsel, attorney)
Rule(s) Cited: 4:1-5.10(b) 4:1-13.7