Thurber v. City of Burlington, 191 N.J. 487

Summary

The Supreme Court of New Jersey held that a deputy municipal court administrator serving in a career service position was subject to the disciplinary authority of the Merit System Board, notwithstanding the objection of the vicinage Assignment Judge. The Court concluded that the Board’s six-month suspension was not arbitrary, capricious, or unreasonable and did not impermissibly interfere with the Judiciary’s constitutional authority. The Court affirmed the Appellate Division’s judgment.

Holdings

1. Because the position of deputy municipal court administrator had been allocated by the Judiciary to the career service, the employee was entitled to the statutory rights and protections of the Civil Service Act, and the Merit System Board had jurisdiction to review the discipline and order reinstatement.
2. The Merit System Board's exercise of disciplinary authority over the career service employee did not impermissibly infringe the Judiciary's constitutional authority and did not violate separation of powers.
3. The Merit System Board's decision to impose a six-month suspension rather than terminate Thurber was not arbitrary, capricious, or unreasonable and was supported by the record.

Questions Presented

1. Whether the Merit System Board had authority to review and modify the discipline imposed on a deputy municipal court administrator despite the Assignment Judge's direction that the employee be removed.
2. Whether the Board's exercise of authority over the discipline and reinstatement of the career service employee impermissibly interfered with the Judiciary's constitutional authority or violated separation of powers.
3. Whether the Board's six-month suspension, rather than termination, was arbitrary, capricious, or unreasonable.

Disposition

affirmed