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12 N.J.A.R. 529

Moore, James E., Jr. v. Youth Correctional Institute at Annandale
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Citation: 12 N.J.A.R. 529
Decision Date: 1988
Agency: MERIT SYSTEM PROTECTION BOARD
Synopsis: This consolidated case involves two matters transmitted to the Office of Administrative Law by the Merit System Board. Appellant, a corrections officer, was removed from his position in 1986 on charges. That penalty was modified to a 30-day suspension with reinstatement and back pay. One of the issues in this case relates to the amount of back pay. On the same day appellant was reinstated, he was suspended because of a criminal conviction for harassment. A departmental hearing was held and appellant was removed from his position. The second issue in this consolidated case involves ap- pellant's removal. The administrative law judge assigned to the case upheld the removal, concluding that appellant forfeited his employment pursuant to N.J.S.A. 2C:51-2 because of his criminal conviction. Even though the offense occurred during off-duty hours and off the employer's premises, the actions touched on his employment because the actions were directed at appellant's former supervisor, who was involved in the earlier disciplinary charges against appellant. On the issue of back pay, the administrative law judge found that respondent was justified in withholding back pay for the first six months of appellant's earlier 1982). In addition, appellant was not entitled to back pay as of the date of his conviction, since his employment was forfeited at that time. Upon review, the Merit System Board affirmed the initial de- cision regarding appellant's removal, .but modified the back pay award. Appellant was entitled to back pay for the five months follow- ing his 30-day suspension because the Board's order for reinstatement specifically provided for back pay for that period. The Appellate Division affirmed, holding that appellant was properly removed pursuant to the forfeiture statute. Robert Fagella, Esq., (Zazzali, Zazzali & Kroll, attorneys) appeared on behalf of appellant Jeffrey A. Bartolino, Deputy Attorney General, appeared on behalf of respondent (W. Cary Edwards, Attorney General of New Jersey, attorney)
Rule(s) Cited: 4:1-16.9(a)11 
Citation Tracker adopted-Merit System Bd.; affirmed -230 N.J. Super. 374 (App. Div. 1989); aft. 119 NJ 256 (1990) [Updated through 1991]