HomeMy Public PortalAboutr 07:260
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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
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\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