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SCOULER v. CITY OF CAMDEN

752 A.2d 828 (2000)

332 N.J. Super. 69

Robert SCOULER, Appellant, v. CITY OF CAMDEN, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 15, 2000.

Attorney(s) appearing for the Case

Law Offices of Igor Sturm, Haddonfield, for appellant (William C. MacMillan, on the brief).

John A. Misci, Jr., City Attorney, for respondent (Lloyd D. Henderson, Assistant City Attorney, on the brief).

John J. Farmer, Jr., Attorney General, filed a statement in lieu of brief on behalf of the Merit System Board (Elizabeth M. Laufer, Deputy Attorney General, on the statement).

Before Judges SKILLMAN, D'ANNUNZIO and FALL.

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

The Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8, includes a provision that "the institution of an action [under CEPA] shall be deemed a waiver of the rights and remedies available under any other contract, collective bargaining agreement, State law, rule or regulation or under the common law." N.J.S.A. 34:19-8. The Merit System Board (Board) held that this provision...

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