City of Gloucester City v. Kain: Gloucester City's Closing Argument to be posted on Wednesday
Tuesday, February 22, 2011
CITY OF GLOUCESTER CITY CLOSING BRIEF
Brown & Connery, llp
By: Christine P. O’Hearn, Esquire
360 Haddon Avenue
P.O. box 539
Westmont, New Jersey 08108
(856) 854-8900
Attorneys for Petitioner, The City of Gloucester
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IN THE MATTER OF PAUL KAIN, REGISTERED MUNICIPAL CLERK, THE CITY OF GLOUCESTER
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DOCKET NO.: CLG-00612-2010S
CLOSING BRIEF ON BEHALF OF THE PETITIONER, THE CITY OF GLOUCESTER’S IN SUPPORT OF PETITION TO REMOVE PAUL KAIN, MUNCIPAL CLERK
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INTRODUCTION AND PROCEDURAL HISTORY
The City of Gloucester (“The City”) filed a Complaint seeking removal of Paul Kain (“Kain”), Registered Municipal Clerk of The City with the New Jersey Department of Community Affairs (“NJDCA”), Division of Local Government Services on December 9, 2009 due to his chronic and excessive absenteeism and his failure to return from a medical leave and leave of absence. See Exhibit P-1.
On January 20, 2010, Kain filed an answer and this matter was transferred to the Office of Administrative Law (“OAL”). This Court held a hearing on the matter on February 1, 2011. The City now submits this closing brief in support of its petition to remove Kain. For the reasons set forth herein, The City submits that it has established the necessary good cause for removal pursuant to N.J.S.A. 40A:9-133.7 based upon Kain’s excessive absenteeism, inability to perform his duties and/or job abandonment.
to be continued Wednesday, February 23, 2011
