ELLEN GANOPOLOUS, CSC Docket No. 2018-1032

BackgroundThe appeal of Ellen Ganopolous, Intermittent Bridge Operator, Ocean County, Department of Roads, removal, effective September 20, 2017, on charges, was heard by Administrative Law Judge Catherine A. Tuohy (ALJ), who rendered her initial decision on August 8, 2023. No exceptions were filed.

AnalysisHaving considered the record and the ALJ's initial decision, and having made an independent evaluation of the record, the Civil Service Commission (Commission), at its meeting on September 20, 2023, adopted the ALJ's Findings of Facts and Conclusion and her recommendation to modify the removal to a six-month suspension.

In this matter, since the removal has been modified, the appellant would normally be entitled to be reinstated with mitigated back pay, benefits, and seniority pursuant to N.J.A.C. 4A:2-2.10 from six working months after the first date of separation until the date of actual reinstatement. However, the facts of this matter prevent such an award. The facts in this case indicate that the appellant worked yearly only from Memorial Day through the first week of October. Additionally, the testimony indicated that the appellant moved to Burlington County in 2018. Applying the six-month suspension imposed would cover the rest of her 2017 worktime (about three weeks) and the entirety of her 2018 worktime (May 28 to October 5- about 4.5 months), as well as some of her 2019 worktime. Moreover, since she moved to Burlington County in 2018, she would no longer be eligible to be employed by Ocean County as a non-resident any time thereafter. Accordingly, based on the above, as she could not be reinstated to pay status earlier than after Memorial Day 2019, and was not a resident at that time, and is not a resident at this time, she in not entitled to reinstatement or back pay.