Thomas R. Kobin and Joseph A. Garcia successfully represented the City of Newark in an administrative appeal before the Civil Service Commission.  Appellant, a former Police Captain with Newark, appealed the City’s decision to forego promotions to the rank of Deputy Chief in and around March of 2009.  Appellant, who had been serving as an “acting” Deputy Chief for approximately two years argued that the City was obligated under Civil Service law to promote him, and that the City’s decision not to promote him amounted to race discrimination and political retaliation.  However, the Commission agreed with the positions asserted by Mr. Kobin and Mr. Garcia, and ruled that: (1) the determination as to whether a vacancy exists and/or will be filled is left to the discretion of the appointing authority; (2) Appellant was not entitled to promotion regardless of whether he served as a Deputy Chief in an “acting” or provisional capacity; and (3)Appellant failed to meet his burden with regard to his claims of reverse race discrimination and political retaliation.
 

Chasan Lamparello
Mallon & Cappuzzo, PC

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