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13 N.J.A.R. 485

Showell, Velton v. City of Camden
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Citation: 13 N.J.A.R. 485
Decision Date: 1988
Synopsis: Appellant was removed from his position as a laborer for the City of Camden on charges including chronic absenteeism and neglect of duty. He requested a heating and the matter was transmitted to the Office of Administrative Law. The administrative law judge concluded that appellant's removal was improper and that he should be reinstated with back pay. The judge found that appellant was a diabetic whose condition justified his absences. In addition, the employer failed to follow the contractual procedure of charging excess sick time against accrued vacation time before taking disciplinary action. The judge also denied a motion to exclude evidence in the case that was obtairied through an improper subpoena. Since N.J.A.C. 1:1-15. l(c) permits the use of all relevant evidence in administrative heatings and the policy behind excluding improperly obtained evidence, which is to deter improper police conduct, is not involved in this case, the judge concluded that the evidence was admissible. Upon review, this initial decision was adopted by the Merit System Board. The Board ordered appellant reinstated with back pay and counsel fees. John R. Pi!!es, Jr., Esq., for appellant (Schlesinger, Schlosser, Foy and Harrington, attorneys) Marcia R. Steinhock, Assistant City Attorney, for respondent (Patricia A. Darden, City Attorney, attorney)
Rule(s) Cited: 1:1-15(c) 4:1-16.9(a)6