GLOUCESTER CITY, NJ (April 2011)(CNBNews)–The ongoing quarrel between the City of Gloucester City and former Municipal Clerk/City Administrator Paul Kain has come to a conclusion.
Kain was fired in December 2009 for being absent from work without permission for more then 120 days. His last day of work was July 13, 2009. The former municipal clerk said he was absent because of depression and presented the city with documentation about his illness from physicians.
In the February 11, 2011 Gloucester City News Kain said “My illness, Major Depressive Disorder – major depression – progressed noticeably until the point on July 13, 2009 I could not get out of bed let alone go to work. It was on this day that I began using my accrued paid time to start treatment for my recovery. My wife, Maggie, then started a very open and honest dialogue with the city on my behalf.”
In his published statement he quoted John Wooden, /”Be more concerned with your character than your reputation, because your character is what you really are, while your reputation is merely what others think you are.\” — John Wooden
“I have long subscribed to this belief. Unfortunately this belief has been pushed to its limits recently. I feel it is my responsibility to inform the residents of Gloucester City that previous stories of the city’s petition for my removal are full of false statements and misrepresentation of facts. It has been my desire and right to keep my medical issues private. I can no longer do that.”
Kain wanted his job back even though it was over a year since he had received the notice that he was fired. He filed an appeal with the Department of Community Affairs in December 2010 asking to be reinstated. Because Kain had tenure he had the right to request a hearing before the DCA. The case was originally assigned to Judge Joseph Matone from the Office of Administrative Law (OAL). However because of scheduling conflict it was reassigned to Judge R. Futey, ALJ. Kain represented his self while the city was represented by Christine P. O’Hearn, Esq. of Brown & Connery law firm, Westmont. The City presented 27 documents of evidence against Kain and he offered two documents in his defense.
In an attempt to settle the case between Kain and the City there was a mediation session before Judge Matone on December 21. According to City Solicitor John Kearney the former clerk was offered a cash settlement of $90,000 by the City but he turned the offer down. Kearney said prior to the start of his hearing on February 1 Kain was asked again by O’Hearn if he wanted to discuss settlement “but he rebuffed her.”
The judge handed down a 22 page decision on March 30. Most of the document was rehashing what the City released to the public in February. The summary of his ruling reads in part, “I conclude that respondent City of Gloucester City has proven job abandonment and excessive, chronic absenteeism by Paul Kain in this matter and has demonstrated good cause to seek his removal as a registered municipal clerk by a preponderance of the credible evidence. He failed to return from his approved FMLA leave on December 7, 2009, failed to give any reasonable explanation or indication when he would b able to return to work, and then further failed to attempt to report back to work for an additional four months after he was otherwise expected and anticipated to return to work, based upon his best medical projections suppled to the City on his behalf at the time. As a direct consequence, he failed and was unable to perform his duties as municipal clerk for an excessive and extensive amount of time. Based upon my findings relative to the nature of that absence, it is hereby ordered that all of the charges filed against him are affirmed.
Kain began his employment with the City in 1991 as a assistant municipal clerk. Prior to that job he worked in the trades. He was certified as a registered municipal clerk on or about December 1994. Kain had been the Gloucester City Municipal Clerk since 1997. In 2006 he was named City Administrator by former Mayor Thomas Kilcourse. With that new title Kain’s salary was increased from $65,000 to $95,000. He also worked as a part-time Township Clerk for Washington Township, Burlington County, at a salary of $13,000.
When the James administration took over in 2007 they found that the City lost several million dollars in state and federal grants during the time Kain was administrator because the applications were not filed on time. In December 2008 Kain was removed from his duties as City Administrator and replaced by the present administrator, Jack Lipsett. And his salary was reduced to $65,000.
The City presented 27 documents of evidence against Kain to Judge Matone while Kain offered two documents in his defense.