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Category Archives: Civil Service Appeals

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Civil Service Commission’s Denial of Appeal Upheld

Posted in Civil Service Appeals
  On November 4, 2009, the Appellate Division decided In the Matter of Michael Curtin, Battalion Fire Chief (PM3593G), Elizabeth, Docket No.: A-4861-07T2. In the case, Michael Curtin appealed from the decision of the former Merit System Board (“Board”), now the New Jersey Civil Service Commission (“Commission”), denying his appeal of the scoring of his… Continue Reading

Promotional Examination Results Remanded in Light of USERRA

Posted in Civil Service Appeals
  On October 5, 2009, the Appellate Division decided In the Matter of John Fasanella, Docket No.: A-4455-07T1. In the case, John Fasanella, a sheriff’s officer in Mercer County, appealed a decision of the Merit System Board (“Board”) upholding adverse administrative determinations regarding a promotional examination for lieutenant. The promotional examination for lieutenant was announced… Continue Reading

Suspension of Union Police Officer Upheld

Posted in Civil Service Appeals
  On July 28, 2009, the Appellate Division decided In the Matter of Donald Michelson, Department of Safety, City of Union. In the case, Donald Michelson sought review of the Final Administrative Action of the Merit System Board accepting and adopting the initial decision of the Office of Administrative Law (“OAL”). The Administrative Law Judge… Continue Reading

Correction Officer Recruit Trainee Pilot Demonstration Program Declared Void

Posted in Civil Service Appeals
  On July 23, 2009, the Superior Court of New Jersey, Appellate Division issued its opinion in the case of James Liik, et al v. New Jersey Department of Personnel/New Jersey Department of Corrections, Docket Number A-4121-06T2. This particular opinion has widespread implications in regard to pay and seniority of thousands of New Jersey corrections… Continue Reading

Candidate Properly Bypassed Under Rule of Three

Posted in Civil Service Appeals
  On June 18, 2009, the Appellate Division decided In the Matter of Andre Ruiz, Firefighter (M2271E), City of Camden, Docket No.: A-2611-07T2. In the case, Andrte Ruiz appealed the Final Administrative Action of the Merit System Board (“Board”) issued on October 11, 2007, concluding that the City of Camden (“City”) properly bypassed Ruiz under… Continue Reading

MSB Promotional Examination Decision Upheld

Posted in Civil Service Appeals
On May 7, 2009, the Appellate Division decided In the Matter of Steven Howe and Joseph Mufalli, Docket No. A-3512-07T1. In the case, Steven Howe appealed from the final administrative determination of the Merit System Board (“Board”), issued December 21, 2007, and its determination of March 13, 2008, denying his motion for reconsideration of the… Continue Reading

Various Unions Seek to Block Institution of Furlough Program

Posted in Civil Service Appeals
  Four New Jersey unions are asking a court to stop mandatory furloughs of public workers. Yesterday, March 30, 2009, the New Jersey Policemen’s Benevolent Association and the Communication Workers of America, which collectively represent 93,000 police officers, firefighters and rank-and-file state and municipal workers, filed separate actions in the Superior Court of New Jersey,… Continue Reading

Potential for Reimbursement of Wages Received During Period of Suspension

Posted in Civil Service Appeals, Public Employee Discipline
On March 20, 2009, the United States District Court for the District of New Jersey decided the case of Wade v. Colaner. In the case, plaintiff, a Tinton Falls police officer, was pulled over by New Jersey State Troopers for speeding. Plaintiff was subsequently charged with careless driving, obstruction of administration of law, and resisting arrest. On account… Continue Reading

180 Day Bill Signed and Committed Into Law

Posted in Civil Service Appeals
On March 5, 2009, New Jersey Governor Jon S. Corzine signed and committed into law the “180 day bill” designed to expedite disciplinary proceedings when law enforcement officers and firefighters are suspended without pay by limiting the number of days pay can be suspended while hearings are still pending. Corzine stated in a press release… Continue Reading

Legislative Proposal Seeks to Provide Law Enforcement Officers Pay Status When Appeals of Termination Are Not Resolved Within 180 Days

Posted in Civil Service Appeals
  This blog entry will focus upon our review of certain statutory proposals currently pending in the New Jersey Legislature concerning the pay status of law enforcement officers when appeals of termination are not resolved within 180 days. These proposals are set forth in Assembly Bill Number 3481.  Assembly Bill 3481 concerns the suspensions of… Continue Reading

Officer’s Resignation Not Attributed to Duress, Upheld

Posted in Civil Service Appeals
  In In the Matter of Thomas F. Fricano, Borough of Freehold, Docket No.: A-2280-07T3, the Appellate Division addressed Appellant Thomas Fricano’s appeal from final decisions of the Merit System Board (“Board”), dated September 27, 2007 and December 7, 2007, upholding his resignation in good standing from the Borough of Freehold Police Department. By way… Continue Reading

Public Safety Officers Appointed to Promotional Positions to Fill a Vacancy During a Military Leave of Absence have no Claim to Permant Employment Title

Posted in Civil Service Appeals
In the case entitled, In the Matter of Herrick, etc. 33-2-1258, The New Jersey Superior Court, Appellate Division opined that a police officer serving in the elevated civil service title of captain in order to fill a vacancy created by a temporary leave of absence due to a military obligation has no claim to permanent appointment… Continue Reading

Promotional Guarantee Can Violate Rule of Three

Posted in Civil Service Appeals
 In the Matter of Martinez, A-0090-07T2, the Appellate Division held a civil service appointing authority violates the Rule of Three, N.J.S.A. 11A:4-8, in guaranteeing a promotional candidate that he or she will receive the appointment if he or she attains the highest score on the examination.    After taking the civil service examination for promotion… Continue Reading
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