The Trenton Times published the following article on May 9, 2013. To read the full article, click here.

Trenton Mayor Tony Mack appeals Civil Service ruling ordering his confidant fired

By Erin Duffy/The Times of Trenton 
on May 09, 2013 at 6:26 AM, updated May 09, 2013 at 6:27 AM

TRENTON — The city and Mayor Tony Mack are fighting to overturn a state Civil Service Commission ruling that ordered a Mack confidante be laid off and replaced by a former security guard who lost his job two years ago.

In the meantime, the city is required to pay the salaries of both workers, who are Michael Morris, a former head park ranger laid off twice and ordered reinstated by Civil Service, and Robert “Chico” Mendez, a Mack ally who has retained his park ranger job despite the termination order.

At Tuesday night’s council meeting, Councilwoman Marge Caldwell-Wilson questioned why the city wasn’t following the April 3 Civil Service decision.

“I’m very concerned about what’s taking place,” she said. “We were supposed to have rehired a supervisor of the rangers because he was let go, wrongfully, according to Civil Service regulations and the person who replaced him was supposed to be removed and nothing’s happening.”

“We’re still going to be paying this man’s salary even though we don’t have him employed,” she continued. “Can someone please tell me what’s going on and why we’re paying two salaries?”

The Civil Service decision stated Morris must be rehired within 30 days of its ruling or the city would have to begin paying his salary anyway on the 31st day. Last Friday, one month after the decision, Morris still hadn’t been contacted by the city.

Jack Butler, Morris’ attorney, said he reported for work on Monday but was sent home and told business administrator Sam Hutchinson would be in touch. Vince Avery, the outside attorney who handles the city’s employment cases, then called Butler and said the city would appeal Morris’ reinstatement and would not take any further action in regards to his employment until the appeal was heard by Civil Service, Butler said.

Morris sued the city in 2011 for $1 million, alleging Civil Service rules were violated when he was laid off after six years of employment and replaced by Mendez, who was supposed to be a temporary, seasonal worker.

Hutchinson told Caldwell-Wilson on Tuesday that Mack had decided to file an appeal.
Civil Service spokeswoman Maryann Jemison confirmed an appeal was filed Monday and was being reviewed.

“Pending that determination, we will not be moving forward,” Hutchinson said. He called it a personnel issue and said he couldn’t comment much more.

A frustrated Caldwell-Wilson said the appeal was a waste of taxpayer dollars.

“I think it’s appalling,” she said. “One mistake doesn’t correct another mistake … We have one person working, one person not working and they’re both going to get paid.”

“We’re always griping we don’t have enough money to pay for this, we don’t have enough money to pay for that, but we’re going to waste money because the mayor doesn’t agree with the Civil Service?” she continued.

Butler said his law firm, Katz & Dougherty, would be filing a motion with the Superior Court to enforce the Civil Service decision.

A Mack aide said he couldn’t discuss the Mendez-Morris case last week because it was a personnel matter.