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1 THOMAS MALONEY v. BOROUGH OF CARLSTADT -- rank: 1000

... 40A:14-147, pointing out that it was 'similar to N.J.S.A. 40:14A-5(c).' Based on his review, the hearing officer concluded that ... Mayor and Borough Council prior to suspension or dismissal, and N.J.S.A. 40:14A-5(c) 'place[d] the authority to remove a Commissioner only ... the charges against him, that termination was not authorized under N.J.S.A. 40:14A-5(c), and that termination was an 'excessive' remedy. Subsequently, the ... as a commissioner was a statutory appointment governed solely by N.J.S.A. 40:14A-5(c). Further, plaintiff argued that N.J.S.A. 40:14A-5(c) only applied to conduct performed in his official capacity ... The judge explained that the hearing officer should have applied N.J.S.A. 40:14A-5(c) in deciding 'whether plaintiff was inefficient or neglectful ...

docket:	a0190-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-10
status:	Unpublished
citation:
Document Size:	23403