Loading...
HomeMy Public PortalAboutr 07:260 ~hzornfio.tt of ilp.~ ~or:ongrr of illndcrd1 ;N ~ JJ ~ No. 07-260 Dilte of Adopliol1 O:.tober 4. 2007 AUTHOIUZING AND DIRECTING THE ISSUANCE OF A FINAL NOTICE OF DISCIPLINARY ACTION REGARDING FIREFIGHTER ElliC KJEMS 'YHEREAS, the Borough of Cafferct (hereinafter "Borough") served a Preliminary Notice of Disciplinary Action ("PNDA"), dated November 21, 2006, providing for the immediate suspension without pay of Borough Firefighter Eric Kjems (hereinafter "Kjems") on charges of incompetency; inefficiency or failure to perfoml duties; conduct unbecoming a public employee; neglect of duty; misuse of public property and other sufficient cause, all in accordance with the provisions New Jersey Administrative Code regarding Major Discipline for public sector employees; and . "'HEREAS, the PNDA also provided for Kjems' ultimate suspension or pelmanent removal, pending the outcome of any requested departmentmental hearing with regard to the charges in this matter; and WHEREAS, the Borough designated Emery Z. Toth, Esq. (hereinafter "Judge Toth," l\1r. Toth also serves as a municipal court judge in Middlesex County), 280 High Street, Pel1h Amboy, New Jersey 08861 as the Hearing Officer for the within matter; and 'VHEREAS, Judge Toth as the designated hearing officer presided over two days of hearings in this matter, specifically on January 17, 2007 and Febmary 7, 2007, during which various documents and exhibits were introduced, as well as the testimony of several fact witnesses submitted under oath; and \VHEREAS, following the conclusion of the aforementioned hearings, final submissions in the foml of written summations were submitted to Judge, Toth for his review and consideration; and ( \ \VHEREAS, Judge Toth has rendered his factual findings and issued a written decision setting fmill certain reconunelided disciplinary action in this matter, dated October 3, 2007, which the members of the Goveming Body have reviewed and considered; and WHEREAS, Judge Toth's found that the PNDA charges filed against Firefighter Kjems were in fact sustained based upon consideration of all the evidence presented during the hearings; and 'VHEREAS, Judge Toth has further recommended that Firefighter Kjems be terminated and permanently removed from his public safety employment as result of his conduct; and WHEREAS, the Goveming Body has detemlined to adopt the decision and recommendations of Judge Toth, a copy of his decision being attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Carteret as follows: 1. That the charges lodged against the Borough Firefighter Eric Kjems as set forth in the Preliminary Notice ofDisciplillary Action dated November 21, 2006 are hereby sustained in accordance with the findings of Judge Toth's decision. NO. 07-260 PAGE 2 2. That, further. in accordance with the recommendation of Judge Toth, Firefighter Kjems is hereby temlinated and permanently re1110ved from his public employment as a Borough firefighter effective November 22, 2006, the effective date of his initial immediate suspension without pay. 3. That the appropriate Borough officials forthwith issue a Final Notice of Disciplinary Action (FNDA) on behalf of the Borough as the Appointing Authority, all consistent with the within Resolution. 4. That the FNDA be served upon Firefighter Kjems' by certified or registered mail. aild upon his legal counsel by facsimile and regular mail. and be forthwith forwarded to the New Jersey Department of Personnel as directed in its decision in the matter of Eric Kjems, Borough of Carteret. Request for Interim Relief, issued September 27,2007. Adopted this 4th day of October, 2007 and certified as a true copy of the original on October 5, 2007. KATHLEEN M. BARNEY, MMC Municipal Clerk RECORD OF COUNCIL VOTE IYES NO NV A.B. COUNCILMAN YES NO NV A.B, COUNCILi\IAN Th'O KRIThf x - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Adopted at a meeting of the i...lunicipal Council