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Firing of a Division of Youth and Family Services trainee who helda lit cigarette lighter in front of a child's face...
Justices uphold Merit board clout in firing of DYFS worker
Tuesday, July 17, 2007 BY KATE COSCARELLI Star-Ledger Staff http://www.nj.com/printer/printer.ss...780.xml&coll=1 In a ruling affecting tens of thousands of public employees in New Jersey, the state Supreme Court ruled yesterday a government agency can fire a worker for an egregious act without first going through other levels of discipline. The 6-0 decision gave heft to the power of the state's Merit System Board, which handles disciplinary proceedings and other issues related to civil service law. The court ruled the 2001 firing of a Division of Youth and Family Services trainee who held a lit cigarette lighter in front of a child's face during an interview was supported by the record and not illegal or unreasonable. The board's decision "recognized legitimate public policy reasons for not insisting" that the DYFS give the worker another chance, wrote Justice Jaynee LaVecchia for the court. Over 80 percent of the state's 84,400 workers are subject to the Merit System Board, as are many municipal and county employees. State Department of Personnel Commissioner Ronald Torres, who is also chair of the Merit System Board, said he was gratified the court upheld the board's decision. "The decision to terminate a public employee's job is not taken lightly, but the public interest is paramount, and in this case, the Merit System Board concluded, after a full hearing ... that (the worker's) misconduct was incompatible with the difficult and sensitive mission of DYFS," Torres said. DYFS officials also said they were pleased with the decision. The case involved DYFS trainee Tammy Herrmann, who was assigned to interview a family regarding an allegation of child abuse related to a 5 1/2-year-old child who had started a fire in the family's home. Herrmann interviewed the family's children in a bedroom of the home. The room had oxygen tanks because of the medical conditions of two other children in the home. Either in the bedroom or in a nearby hallway, Herrmann asked the child what kind of lighter was used to start the fire. When the boy didn't answer, she pulled out a cigarette lighter from her bag, ignited it and waved it in front of his face. At a later visit, Herrmann told the boy's parents that he was fascinated by the lighter and may have a propensity to start fires. When told this, the parents expressed concern that the lighter could have ignited the oxygen tanks. The DYFS charged Herrmann with conduct unbecoming a public employee and sought to fire her. An administrative law judge who held a hearing on the matter agreed, and the Merit System Board also upheld the termination. On appeal, an Appellate Division panel found that the idea of progressive discipline should have applied and Herrmann should have received a lesser punishment. Yesterday, the high court found the appeals judges exceeded their authority and reinstated the termination. Although progressive discipline is a recognized concept, it does not need to be applied to every case, LaVecchia wrote. "This case implicates the public interest in that it reflects the standards of judgment, as well as performance, that DYFS expects of its workers who are sent out into the field," LaVecchia wrote. The court said that since the board's decision was not unreasonable or illegal, the justices would not interfere with it, regardless of whether they would have reached the same conclusion. Daniel McNerney, Herrmann's attorney, said he was disappointed with the ruling and said his client is now working a retail job. Kate Coscarelli may be reached at or (973) 392-4147. CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CIVIL RIGHTS ON A DAILY BASIS THEN ALL OTHER AGENCIES COMBINED INCLUDING THE NATIONAL SECURITY AGENCY/CENTRAL INTELLIGENCE AGENCY WIRETAPPING PROGRAM.... CPS Does not protect children... It is sickening how many children are subject to abuse, neglect and even killed at the hands of Child Protective Services. every parent should read this .pdf from connecticut dcf watch... http://www.connecticutdcfwatch.com/8x11.pdf http://www.connecticutdcfwatch.com Number of Cases per 100,000 children in the US These numbers come from The National Center on Child Abuse and Neglect in Washington. (NCCAN) Recent numbers have increased significantly for CPS *Perpetrators of Maltreatment* Physical Abuse CPS 160, Parents 59 Sexual Abuse CPS 112, Parents 13 Neglect CPS 410, Parents 241 Medical Neglect CPS 14 Parents 12 Fatalities CPS 6.4, Parents 1.5 Imagine that, 6.4 children die at the hands of the very agencies that are supposed to protect them and only 1.5 at the hands of parents per 100,000 children. CPS perpetrates more abuse, neglect, and sexual abuse and kills more children then parents in the United States. If the citizens of this country hold CPS to the same standards that they hold parents too. No judge should ever put another child in the hands of ANY government agency because CPS nationwide is guilty of more harm and death than any human being combined. CPS nationwide is guilty of more human rights violations and deaths of children then the homes from which they were removed. When are the judges going to wake up and see that they are sending children to their death and a life of abuse when children are removed from safe homes based on the mere opinion of a bunch of social workers. BE SURE TO FIND OUT WHERE YOUR CANDIDATES STANDS ON THE ISSUE OF REFORMING OR ABOLISHING CHILD PROTECTIVE SERVICES ("MAKE YOUR CANDIDATES TAKE A STAND ON THIS ISSUE.") THEN REMEMBER TO VOTE ACCORDINGLY IF THEY ARE "FAMILY UNFRIENDLY" IN THE NEXT ELECTION... |
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