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13 N.J.A.R. 606

Trenton State Prison; Fattori, Michael v
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Citation: 13 N.J.A.R. 606
Decision Date: 1987
Agency: MERIT SYSTEM PROTECTION BOARD
Synopsis: Appellant was removed from his position as a correction officer after he was found guilty of violating N.J.S..4. 2C:28-6(2) in connec- tion with an incident involving injuries to inmates. He appealed and the matter was transmitted to the Office of Administrative Law for a hearing. The administrative law judge assigned to the case concluded that the crime for which appellant was convicted was an offense involving appellant's position and, consequently, his employment was forfeited pursuant to N.J.S..4. 2C:51-2. The judge held that appellant was not entitled to a hearing on the factual issue of whether the offense touched his employment. The facts of the case were adjudicated in appellant's trial. Only the legal question of forfeiture remained. The judge noted that the forfeiture statute was self-executing and, there- fore, appellant's position was terminated when he was convicted. Since there was no issue of material fact, the judge granted respondent's motion for summary decision. Upon review, this initial decision was adopted by the Merit System Board. The termination of appellant by the appointing authority was affirmed. Charles P. Allen, Jr., Esq., for the appellant (Dietrich, Allen, & St. John, attorneys) Jeffrey A. Bartolino, Deputy Attorney General, for the respondent (W. Cary Edwards, Attorney General of New Jersey, attorney)