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County of Morris v. State

Decided: December 31, 1980.

COUNTY OF MORRIS, APPELLANT,
v.
STATE OF NEW JERSEY, DEPARTMENT OF CIVIL SERVICE, RESPONDENT



On appeal from the New Jersey Civil Service Commission.

Botter, King and McElroy. The opinion of the court was delivered by King, J.A.D.

King

This case raises the question of whether a physician in the local (county) service is a classified or unclassified official under N.J.S.A. 11:22-2(p) for civil service purposes. The appellant, County of Morris, contends that the Civil Service Commission erred in concluding that a county physician was in the classified service. We agree with appellant and reverse.

On November 8, 1977 the Morris County Board of Freeholders adopted a resolution appointing Anthony Komninos, M.D., as "County Physician" for a term of one year at a $52,000 per year salary. He was given the title of Director of the Department of Medical Services under the County Administrator's office. In this full-time position Dr. Komninos was to perform the following services:

1. pre- and post-employment physical examinations.

2. annual physical examinations for County employees.

3. treat County employees injured on the job.

4. interpret x-rays taken of employees injured on the job and of residents of the County nursing home.

5. serve as County Jail physician which includes daily sick call at the jail and treatment of inmates.

6. serve as physician for the County Youth Center housing detained juvenile delinquents.

7. serve as physician for the County Juvenile Shelter housing juveniles in ...


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