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2 N.J.A.R. 149

Kissane, William C. & Leddy, John H.; Degnan, John J., Attorney General of New Jersey v
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Citation: 2 N.J.A.R. 149
Decision Date: 1980
Agency: BOARD OF PROFESSIONAL ENGINEERS & LAND SURVEYORS
Synopsis: Kissane and Leddy, former partners in a surveying finn, were charged with violations of N.J.S.A. 45:8-38 and 45:8-35 in having committed acts constituting misconduct in the practice of land surveying and in lacking the good character necessary for continued licensure as land surveyors. In a preliminary ruling, the administrative law judge found that immunized testimony given by Kissane and Leddy in a federal criminal case was admissible before her since the purpose of the present heating was not punishment of the individuals, but rather whether the public welfare would be served if Kissane and Leddy retained their surveying licenses. The administrative law judge found that from 1974 through 1978 Kissane and Leddy had full knowledge of and participated in a scheme to secure continued work from the Philadelphia Redevelopment Authority by paying off the Executive Director of the authority. Rejecting an argument that the State was required to prove 'gross' misconduct in order for license revocation to take place, the administrative law judge concluded that Kissane and Leddy's participation in the payoff scheme met the statutory definition of rid-sconduct in the profession of land surveying. In addition, the judge concluded that this same scheme resulted in multiple acts of misconduct indicating a lack of good character for required continued licensure. The judge noted that whether or not the payoff scheme resulted from extortion was not relevent in the present disciplinary proceeding. After taking into account testimony indicating Kissane and Leddy's reputation for good character, the administrative law judge ordered each of their licenses to be suspended for three years, the last 21 months of which was to be a period of probation. Peter A. Green, Deputy Attorney General, for the Petitioner (James R. Zazzali, Attorney General of New Jersey, Attorney) Edward Casper, Esq., for the Respondent (Casper & Elias, Attorneys) Joseph G. Gindhart, Esq., for the Respondent, (McGahn & Friss, Attorneys)
Statute(s) Cited: 45:8-35 45:8-38