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13 N.J.A.R. 955

Jamesburg Training School; Hill, Edward v
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Citation: 13 N.J.A.R. 955
Decision Date: 1988
Agency: MERIT SYSTEM PROTECTION BOARD
Synopsis: Appellant was removed from his position as a senior correction officer at Jamesburg after he attempted suicide while on the job. He requested a hearing and the matter was transmitted to the Office of Administrative Law. The administrative law judge issued a summary decision dismiss- ing the charge of mental and physical incapacity. Upon review, the Merit System Board remanded the case for consideration of amended charges of neglect of duty and unbecoming conduct. On remand, the administrative lav judge dismissed all charges against appellant, find- ing that the appointing authority had not established its case. There was no medical or psychiatric proof of mental incapacity and no evidence of neglect of duty. The initial decision was adopted by the Merit System Board. The Board ordered appellant reinstated with back pay. The Appellate Division dismissed the appeal baus respon- dent's motion for rcconsideration was untimely. Robert A. Fagella, Esq., for aplllant (Zazzali, Zazzali & Kroll, attorneys) Mary Beaumont, Deputy Attorney General, for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney)