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12 N.J.A.R. 217

B., G., In the Matter of
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Citation: 12 N.J.A.R. 217
Decision Date: 1989
Agency: MERIT SYSTEM PROTECTION BOARD
Synopsis: The Borough of Lodi appealed the determination of the Department of Personnel that respondent G.B.'s name should be retained on a hiring list for the position of police officer. The matter was transmitted to the Office of Administrative Law for a hearing. Respondent had previously been employed as a police officer by Lodi. A disciplinary action was brought against him, but there was a settlement which resulted in G.B.'s resignation. As part of the settlement, the Borough agreed to seal respondent's employment records and not disclose the reason for his resignation. In this appeal, respondent claimed his previous employment records could not be considered to exclude him from the employment list, since the files had been sealed in the settlement. The administrative law judge who heard the case rejected respondent's argument. The purpose of sealing respondent's personnel files was to prevent them from being used by third parties. However, the files were not closed to the parties to the settlement agreement. Therefore, the records could be considered. Based on her review of respondent's previous employment records, the administrative law judge concluded that respondent was unfit to remain on the eligibility list. His conduct was inconsistent with the dependability and personal integrity required in a police officer. Therefore, the judge ordered that respondent's name be removed from the eligibility list. Upon review, this initial decision was adopted by the Merit System Board.