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GOODMAN v. DEPT. OF CORRECTIONS

844 A.2d 543 (2004)

367 N.J. Super. 591

Willie GOODMAN, Appellant, v. DEPARTMENT OF CORRECTIONS, CENTRAL RECEPTION AND ASSIGNMENT FACILITY, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 1, 2004.

Attorney(s) appearing for the Case

Arnold Shep Cohen, Newark, argued the cause for appellant (Oxfeld Cohen, attorneys; Mr. Cohen, of counsel and on the brief).

Vivian I. Zumas, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Sonia Frontera, Deputy Attorney General, on the brief).

Before Judges SKILLMAN, COBURN and C.S. FISHER.

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

The issue presented by this appeal is whether disciplinary charges against a public employee in the career service must be dismissed if the appointing authority fails to conduct a departmental hearing within the thirty-day period required by N.J.S.A. 11A:2-13. We conclude that this requirement is not jurisdictional and that an appointing authority may proceed with disciplinary charges even if it fails...

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