7-16-07 (A-77-06)
The Merit System Board decision recognized legitimate public
policy reasons for not insisting that DYFS retain an employee
who, in so short a time, lost the trust of her employer. The
Appellate Division impermissibly imposed its own judgment as to
the proper penalty in this matter when the Merit System Board’s
penalty could not be said to be either illegal or unreasonable,
let alone “shocking” any sense of fairness. Therefore, the
Appellate Division’s reversal of Herrmann’s removal was in
error.
