CNBNews

 By Bill Cleary

YO BILL! HAVE YOU HEARD THIS ONE? One of the rumors circulating in town this week is about an upcoming hearing before the state Department of Community Affairs for former Gloucester City Municipal Clerk and past City Administrator Paul Kain. Mr. Kain was fired in December 2009 for being absent from work without permission for more then 120 days. His last day of work was July 10, 2009. Because Kain has tenure he has a right to a hearing before the DCA. 

According to Lisa Ryan, spokesperson for the DCA, the City’s case against Kain will be heard by Judge Joseph Martone, from the Office of Administrative Law (OAL).  There is a mediation session before Judge Martone on December 21 in an attempt to settle the dispute between Kain and the City. The actual hearing is scheduled for February 15, 2011. 

Two month ago Kain made an application to the DCA to be reinstated immediately to his job but that was denied. 

The tenure system for public employees has been in the news recently with politicians from Trenton down to the local governments calling for it to be reformed. Once an employee gets tenure the process of removing the individual for malpractice in office is costly and drawn out. Tenure on the municipal level is given after 4 years and one day.

Gloucester City has hired Christine P.O. Hearn of the Brown and Connery Law Firm, Westmont to represent the taxpayers because City Solicitor John Kearney may be called to testify. 

In 1991 Kain began his employment with the City as assistant clerk.  Approximately 12 years ago he was promoted to Municipal Clerk. In 2006 he was named City Administrator by former Mayor Thomas Kilcourse. With that new title Kain’s salary was increased from $65,000 to $95,000. He also worked as a part-time Township Clerk for Washington Township, Burlington County, at a salary of $13,000. When the James administration took over in 2007 they found that the City lost several million dollars in state and federal grants during the time Kain was administrator because the applications were not filed on time. In December 2008 Kain was removed from his duties as City Administrator and replaced by the present administrator, Jack Lipsett. And his salary was reduced to $65,000.

Kearney was asked to comment on the upcoming proceedings. He was also asked about a lawsuit filed by Kain who is seeking a cash settlement. 

“Out of an abundance of caution, and on advice from lawyers who specialize in municipal employment/tenure cases the City filed the petition to remove Kains tenure status. In what can only be described as bizarre the only way under the statute to end tenure is a voluntary resignation or action by the DCA. So Kains’ argument that his unexplained and not justified absence from his job does not mean he gave up tenure has some facial  merit. Of course he could be using the same argument if he took the next five years to cruise the globe returning to claim his tenured position. This is another example of our absurd system and how good intentioned ideas can go astray. Protecting career public servants from political pressure has been turned into making it difficult to remove the incompetent. As far as I know there has not been a DCA hearing that Kain did not attend. The only proceeding to date was Kains application to DCA for immediate reinstatement which was denied about two months ago.

“In light of the risk of litigation as well as the expense the City put together the settlement package that Mr. Kains lawyer had demanded. The funds were coming from the City as well as insurance sources. Mr Kain then apparently changed his mind. As the dispute is continuing I do not want to discuss the details as it may have a detrimental effect on future proceedings.The bottom line here is that the law requires us to go through a long expensive process to remove a tenured employee. And that is what we are doing. If it costs money to achieve certainty that must be considered. No money is spent by the City lightly without due consideration.”

Next column: Is the City talking with the City of Camden about providing fire services to the community of Fairview?  And Who is paying for Howard Clarks' salary now that there is no more UEZ?  Answers coming.