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
