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Wednesday, June 27, 2012

IN THE MATTER OF MARTIN CARLUCCIO, SAFETY SPECIALIST TRAINEE, DMV (S0599J), MOTOR VEHICLE COMMISSION A-5219-09T1


IN THE MATTER OF MARTIN CARLUCCIO, SAFETY SPECIALIST
TRAINEE, DMV (S0599J), MOTOR VEHICLE COMMISSION
A-5219-09T1

Appellant was disqualified from a list of eligible candidates for the position of Safety Specialist Trainee with the Motor Vehicle Commission (MVC) because of a 1999 conviction for attempted aggravated assault.  Appellant appealed to the
Civil Service Commission and argued, among other things, that the Rehabilitated Convicted Offender Act (the RCOA), N.J.S.A. 2A:168A-1 to -16, controlled, and a certificate issued by the State Parole Board pursuant to the RCOA presumptively demonstrated his rehabilitation and eligibility for employment. 
 
 The Civil Service Commission denied appellant's appeal, concluding that the RCOA did not apply because the position permitted "access to sensitive information that could threaten
the public health, welfare, or safety," N.J.S.A. 2A:168A- 7(c)(1), and therefore was not "public employment" subject to the provisions of the RCOA.

 Appellant sought reconsideration and furnished, among other things, a certificate issued by the Parole Board pursuant to the RCOA that was specific to the position of Safety Specialist
Trainee.  The motion was denied.

 We discussed the recent amendments to the RCOA, and specifically concluded that "[n]otwithstanding any law to the contrary," N.J.S.A. 2A:168A-7(a), a certificate issued pursuant to N.J.S.A. 2A:168A-8 is the legislatively-chosen mechanism to "reliev[e] disabilities, forfeitures or bars" to public employment arising from certain prior criminal convictions.  Because the Commission failed to consider the effect of the Parole Board's determination and the preeminent role the Legislature delegated to the Parole Board under the RCOA, we remanded the matter for further proceedings. 05-25-12