Former Gloucester City Municipal Clerk Paul Kain Releases Statement About His Mental Illness
Tuesday, February 22, 2011
published Gloucester City News February 17, 2011
(Editor’s note: The following statement was released by former City Clerk/-Administrator Paul Kain.)
By Paul Kain
“Be more concerned with your character than your reputation, because your character is what you really are, while your reputation is merely what others think you are.” -- John Wooden
I have long subscribed to this belief. Unfortunately this belief has been pushed to its limits recently. I feel it is my responsibility to inform the residents of Gloucester City that previous stories of the city’s petition for my removal are full of false statements and misrepresentation of facts.
It has been my desire and right to keep my medical issues private. I can no longer do that.
My illness, Major Depressive Disorder – major depression – progressed noticeably until the point on July 13, 2009 I could not get out of bed let alone go to work. At this point, I had no idea of the full impact this disease.
It was on this day that I began using my accrued paid time to start treatment for my recovery. My wife, Maggie, then started a very open and honest dialogue with the city on my behalf.
Requests made by the city were fulfilled and doctor’s notes, phone calls, and emails were exchanged about my illness and progress throughout my approved leave. My goal, to return to work as soon as possible, was also conveyed in this correspondence. The city was well aware of my disease.
I was informed by City Administrator Jack Lipsett that protected FMLA leave would begin at my request. I requested that FMLA leave begin consecutively to my last day of paid accrued time which was on September 29, 2009.
Lipsett, through correspondence, concurred. Later, I was notified that FMLA leave was initiated by the city retroactively to September 14, 2009, contradicting my understanding of the previous FMLA determination. That aside, the notification began leave on September 14th and my approved FMLA leave would expire on December 7, 2009.
Two “return to work” evaluations that had been scheduled by the city were later canceled by the city. I had been informed that another would be scheduled. It was not.
Contrary to reports, I had never canceled or refused to appear at any appointments for evaluation. On December 6, 2009 I requested additional unpaid leave because I did not have medical clearance to return.
Based on the medical information I had already provided, this leave would be roughly one month.
On the evening of December 7, the governing body cited excessive absence and job abandonment as reasons to remove me from my employment. At this point, I hadn’t had one unexcused absence.
Recent reports attributed to City Solicitor John Kearney state that I have had over 120 unexcused absences. Minutes from that meeting reflect that the city didn’t even discuss or consider my request for an extended leave.
My whole career was dismissed for excessive absenteeism, when in fact I had not been charged with one unexcused absence in over 18 years. Neither was there any consideration or compassion.
I did not go to work on December 7, 2009 because I did not have required medical certification, not because I willingly abandoned my position.
Literally adding insult to injury, the mayor and city solicitor fabricated stories to promote a distrust of me, my illness, and my abilities – an attack on my character as well as my reputation.
I can guarantee you my illness was nothing like cruising the globe for five months as Mr. Kearney suggested.
I am disgusted, shocked, and dismayed by the amount of comments being made by the city solicitor in what is not nor ever has been any kind of lawsuit, but a very private personnel matter between myself and the City of Gloucester City. It makes me question how many other employee issues are being misrepresented.
Stephen Roche, God rest his soul, was the only reporter to contact me regarding this matter. That was in December, 2009. Since that time I have received no requests for comment in any form, including email.
Sharing my personal story is not something I wanted to do. Depression remains a disease that is forbidden, never to be discussed.
Frankly, based on my own reservations and prejudice, I never wanted to be judged based on my disability rather than my ability. However, it is something I feel I have a responsibility to relay to Gloucester City residents.
The residents have always been my priority in my work for Gloucester City and deserve the truth.
I objected and requested a hearing on this matter on January 7, 2010. This request was finally granted on January 31, 2011. Contrary to reports, this was not an appeal of the city’s decision.
The city did not have the authority to “fire” me as reported. This hearing was for the city to prove that the actions taken (and prematurely enforced) meet the State of New Jersey’s criteria for removal of a city clerk.
Only the Director of the New Jersey Department of Community Affairs has the authority to remove a city clerk.
Be peaceful – that is my meditation for today. This letter has provided me some peace.
I want to thank my wife and children for all their help in this long battle. I want to thank friends and family, doctors and nurses. I want to thank God for allowing me to sit here today and pen this letter.
My character is much more important to me than my reputation.
Dia dhuit – God be with you, Paul Kain.
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