City of Gloucester City Releases Closing Arguments in Kain Dismissal Case

Brown & Connery, llp

By: Christine P. O’Hearn, Esquire 

360 Haddon Avenue

P.O. box 539

Westmont, New Jersey 08108 

(856) 854-8900

Attorneys for Petitioner, The City of Gloucester

 

 

IN THE MATTER OF PAUL KAIN, REGISTERED MUNICIPAL CLERK, THE CITY OF GLOUCESTER

DOCKET NO.: CLG-00612-2010S   CLOSING BRIEF ON BEHALF OF THE PETITIONER, THE CITY OF GLOUCESTER’S IN SUPPORT OF PETITION TO REMOVE PAUL KAIN, MUNCIPAL CLERK

 

 

INTRODUCTION AND PROCEDURAL HISTORY

The City of Gloucester (\”The City\”) filed a Complaint seeking removal of Paul Kain (\”Kain\”), Registered Municipal Clerk of The City with the New Jersey Department of Community Affairs (\”NJDCA\”), Division of Local Government Services on December 9, 2009 due to his chronic and excessive absenteeism and his failure to return from a medical leave and leave of absence. See Exhibit P-1.

 On January 20, 2010, Kain filed an answer and this matter was transferred to the Office of Administrative Law (\”OAL\”). This Court held a hearing on the matter on February 1, 2011. The City now submits this closing brief in support of its petition to remove Kain. For the reasons set forth herein, The City submits that it has established the necessary good cause for removal pursuant to N.J.S.A. 40A:9-133.7 based upon Kain’s excessive absenteeism, inability to perform his duties and/or job abandonment. 

FACTUAL BACKGROUND

During the hearing of this matter, the City presented exhibits P-1 (with attached exhibits) through P-4 and testimony of the City’s Administrator, John Lipsett. Mr. Kain did not present any documentary evidence on his behalf and, other than re-calling Mr. Lipsett in his case in chief, did not present any witnesses, nor testify himself on his behalf. As a result, the following facts are undisputed: