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DRAKE v. COUNTY OF ESSEX

275 N.J. Super. 585 (1994)

646 A.2d 1126

IN THE MATTER OF KENNETH DRAKE, APPELLANT, v. COUNTY OF ESSEX, ESSEX COUNTY JAIL AND NEW JERSEY DEPARTMENT OF PERSONNEL, MERIT SYSTEM BOARD, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 23, 1994.

Attorney(s) appearing for the Case

Leon B. Savetsky argued the cause for appellant (Loccke & Correia, attorneys; Mr. Savetsky, of counsel and on the brief).

June K. Forrest, Senior Deputy Attorney General, argued the cause for respondent Merit System Board (Deborah T. Poritz, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Ms. Forrest, on the brief).

John T. Lyons, Jr., Assistant County Counsel, argued the cause for respondent Essex County (Stephen J. Edelstein, Essex County Counsel, attorney; Mr. Lyons, on the brief).

Before Judges SKILLMAN, KESTIN and WEFING.

The opinion of the court was delivered by SKILLMAN, J.A.D.

This is an appeal from a final decision of the Merit System Board sustaining appellant's removal from his position as a correction officer in the Essex County Jail. The appeal turns on whether the odor of marijuana detected in a bathroom to which a limited number of jail employees had access was sufficient to establish the "individualized reasonable suspicion" of drug use required to subject those employees...

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