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City of Plainfield v. Simpson

Decided: May 20, 1958.

CITY OF PLAINFIELD, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
ESTHER G. SIMPSON AND DEPARTMENT OF CIVIL SERVICE OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS



Price, Haneman and Schettino. The opinion of the court was delivered by Price, S.j.a.d.

Price

Appellant seeks to reverse "that part of the decision and order of the Department of Civil Service of the State of New Jersey" (hereinafter referred to as Department) dated May 21, 1957, setting aside the penalty of dismissal of respondent Esther G. Simpson, an employee in the Department of Welfare of the City of Plainfield, substituting a lesser penalty of five months' suspension operative from September 12, 1956 to February 11, 1957, and restoring respondent to her position with compensation as of February 12, 1957.

Defendant Esther G. Simpson, as the result of hearings held by the Common Council of the City of Plainfield, was by a vote of eight to two on December 3, 1956 found guilty

of the following charges and removed from her position forthwith:

"A.

FALSE REPORTS AND/OR ENTRIES

1. On April 30, 1956, said employee did cause to be issued a check payable to the Salvation Army in the sum of $38.75 on a non-existent case, and credited said payment to an existent case No. 7961.

2. On April 30, 1956, said employee did cause to be issued a check in the sum of $1.95 payable to Academy Pharmacy on an existent case No. 8339 but closed at the time, and credited said payment to another case which was opened at the time. No. 8620.

3. On April 10, 1956, said employee caused to be issued a check in the sum of $119.90 to the Borough of South Plainfield, New Jersey, for the account of Case No. 8180, and included therein the sum of $2.57 to the case of 8639, failing to make up an authorization and case review card form NJR3.

B.

VIOLATION OF LAWFUL AND REASONABLE OFFICIAL REGULATIONS

2. On or about February 13, 1956, said employee did cause to be delivered from No. 620 Johnston Drive, Watchung, New Jersey, to the premises of said employee No. 120 Central Avenue, Plainfield, New Jersey, 2 Chest of Drawers, 1 Bed and 1 spring and mattress, property of the Welfare Department, said property still being in the possession of said employee.

C.

NEGLECT OF DUTY

1. Said employee failed to follow through to a final determination inquiry of Irving Engelman, Chief of Assistance, Department of Institutions and Agencies, dated February 28, 1956, contrary to R.S. 44:8 A -41.

3. Said employee failed to carry out order of Ernest Burns, Acting Welfare Director of April 21, 1956, wherein the said employee was directed to make a survey of cases within 26 days.

4. Said employee on January 5, 1956, failed to have applicant make affidavit to correctness of statements in case No. 8617 pursuant to R.S. 44:8-119 and failed to make an investigation pursuant to State of New Jersey, Department of Institutions and Agencies, Division of Welfare Bureau of Assistance, Standards and Regulations, Regulation No. 2.500.

5. Said employee failed to make the necessary investigation in case No. 8106 pursuant to State of New Jersey, Department of Institutions and Agencies, Division of Welfare, Bureau of Assistance, Standards and Regulations, Regulation No. 2.500.

6. Said employee failed to obtain the necessary affidavit pursuant to R.S. 44:8-119 in case No. 8426 and failed to make the necessary

investigation in accordance with State of New Jersey, Department of Institutions and Agencies, Division of Welfare, Bureau of Assistance, Standards and Regulations, Regulation No. 2.500.

7. Said employee failed to obtain the necessary affidavit pursuant to R.S. 44:8-119 in case No. 8618 and failed to make the necessary investigation in accordance with State of New Jersey Department of Institutions and Agencies, Division of Welfare Bureau of Assistance, Standards and Regulations, Regulation No. 2.500.

8. Said employee failed to obtain necessary affidavit pursuant to R.S. 44:8-119 in case No. 8614 and failed to make the necessary investigation in accordance with State of New Jersey Department of Institutions and Agencies, Division of Welfare, Bureau of Assistance, Standards and Regulations, Regulation No. 2.500.

9. Said employee failed to obtain the necessary affidavit pursuant to R.S. 44:8-119 in case No. 8653 which case also was without investigation and not in accordance with State of New Jersey, Department of Institutions and Agencies, Division of Welfare, Bureau of Assistance, Standards and Regulations, Regulation No. 2.500.

10. Said employee failed to obtain the necessary affidavit pursuant to R.S. 44:8-119 in case No. 8404 and failed to make the necessary investigation in accordance with State of New Jersey, Department of Institutions and Agencies, Division of Welfare, Bureau of Assistance, Standards and Regulations, Regulations No. 2.500.

D.

CONDUCT UNBECOMING AN EMPLOYEE IN THE PUBLIC SERVICE

1. Garnishment proceedings were served upon the City making it necessary for the Finance Officer to deduct amounts from the salary of said employee in the following matters.

(a) Doop's East Orange v. Esther Simpson in the total sum of $145.00.

(b) J.G. Mulford Company v. Esther Simpson in the total sum of $153.66.

(c) Encyclopedia Incorporated v. Esther Simpson in the total sum of $155.13.

2. The said employee did fail to pay her bills on time resulting in inquiries made at the Department of Welfare by creditors of the said employee.

3. The said employee failed to turn over to the Welfare Department the sum of $100.00 given to her by Chester Schenck in the spring of 1953, the said sum representing a reimbursement for assistance granted the said Chester Schenck by the Welfare Department.

4. Said employee's driving record while an employee of the Welfare Department of the City of ...


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