Separation from Employment

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Alcoholism
Even though alcoholism has been determined to be a handicap within the purview of the New Jersey Law Against Discrimination, an employee may be removed from his position if alcohol use precludes the performance of particular employment. In this case, appellant's continued employ- ment as a drawbridge operator posed an unacceptable risk of harm to the public. Decision: 11 N.J.A.R. 546
Appeal
While the 20-day time limit for an appeal from a dismissal from a civil service position is mandatory and the Civil Service Commission is without authority to provide for an extension of that time period, it would be unjust to deprive appellant of her appeal rights when she had been advised that her appeal would be resubmitted but the Department of Civil Service failed to do so. Decision: 1 N.J.A.R. 315
Estoppel
The doctrine of collateral estoppel bars the assertion of any defense to Civil Service charges where the individual has been convicted of a disorderly persons offense arising out of the same set of facts. Decision: 2 N.J.A.R. 009
Exclusionary Rule
While Civil Service disciplinary proceedings may result in suspension or the loss of a job, this cannot be equated with criminal sanctions which justify the application of stricter standards to safeguard fundamental rights; thus, evidence seized in the search of a police officer's locker is admissible in an administrative proceeding even if that search was found to be violative of the Fourth Amendment in a related criminal proceeding. Decision: 1 N.J.A.R. 435
Good Faith
Laid off employees failed to prove bad faith dismissal on part of municipality where municipality presented proof that layoffs were made to produce a balanced budget and keep an increase in expenses within a mandated CAP law limit. Decision: 1 N.J.A.R. 001
Replacement by municipality of laid-off housing inspectors by CETA employees constitutes bad faith on part of municipality even if housing inspectors were laid off for reasons of economy. Decision: 2 N.J.A.R. 272
Issue in appeal of layoffs is whether dismissed employees can establish that removal was made in bad faith. Decision: 10 N.J.A.R. 198
Incompetency
Where evidence of lack of classroom control and incapacity to teach is so extensive and encompassing, a board of education's dismissal of a tenured teacher with 17 years of experience is justified. Decision: 2 N.J.A.R. 334
Where evidence demonstrates that an appellant consistently performed her prescribed tasks in a manner well below that which is minimally acceptable for her position, the appointing authority has sustained its burden of establishing the charge. Decision: 1 N.J.A.R. 315
Insubordination
Appellant's admitted refusal to obey the order of a superior not to leave the work place, constitutes insubordination. Decision: 1 N.J.A.R. 315
Jurisdiction
Although laid-off attendance counsellors had been employed by Newark Board of Education, they were classified Civil Service employees and their employment rights were governed by the Civil Service laws; thus, the Commissioner of Education cannot affect their rights of layoff or re-employment. Decision: 2 N.J.A.R. 346
Neglect of Duty
Police officer's possession of stolen property and improperly registered weapons, along with failure to report the discharge of a firearm, support a charge of neglect of duty under N.J.A.C. 4:1-16.9. Decision: 2 N.J.A.R. 026
Political Activity
A suspension from the position of a county sheriffs officer for engaging in political activity is improper since only court personnel may not engage in political activity and the officer's personnel assignment to court duties was improper and inconsistent with his job title. Decision: 2 N.J.A.R. 398
Unbecoming Conduct
Shooting a neighbor's dog and using marijuana at home by a policeman constitutes unbecoming conduct for a policeman under N.J.A.C. 4:1-16.9. Decision: 2 N.J.A.R. 026
While the conduct underlying conspiracy and bookmaking charges does amount to conduct unbecoming a teacher, it does not require dismissal of that teacher. Decision: 1 N.J.A.R. 381
Appellant's admitted removal of State property from her work place when she knew she was not to remove that property, constitutes conduct unbecoming an employee in the public service. Decision: 1 N.J.A.R. 315