According to Lisa Ryan, spokesperson for the DCA, the City’s case against Kain will be heard by Judge Joseph Martone, from the Office of Administrative Law (OAL). There is a mediation session before Judge Martone on December 21 in an attempt to settle the dispute between Kain and the City. The actual hearing is scheduled for February 15, 2011. 

Two month ago Kain made an application to the DCA to be reinstated immediately to his job but that was denied. 

The tenure system for public employees has been in the news recently with politicians from Trenton down to the local governments calling for it to be reformed. Once an employee gets tenure the process of removing the individual for malpractice in office is costly and drawn out. Tenure on the municipal level is given after 4 years and one day.

Gloucester City has hired Christine P.O. Hearn of the Brown and Connery Law Firm, Westmont to represent the taxpayers because City Solicitor John Kearney may be called to testify. 

In 1991 Kain began his employment with the City as assistant clerk. Approximately 12 years ago he was promoted to Municipal Clerk. In 2006 he was named City Administrator by former Mayor Thomas Kilcourse. With that new title Kain’s salary was increased from $65,000 to $95,000. He also worked as a part-time Township Clerk for Washington Township, Burlington County, at a salary of $13,000. When the James administration took over in 2007 they found that the City lost several million dollars in state and federal grants during the time Kain was administrator because the applications were not filed on time. In December 2008 Kain was removed from his duties as City Administrator and replaced by the present administrator, Jack Lipsett. And his salary was reduced to $65,000.

Kearney was asked to comment on the upcoming proceedings. He was also asked about a lawsuit filed by Kain who is seeking a cash settlement. 

\”Out of an abundance of caution, and on advice from lawyers who specialize in municipal employment/tenure cases the City filed the petition to remove Kains tenure status. In what can only be described as bizarre the only way under the statute to end tenure is a voluntary resignation or action by the DCA. So Kains’ argument that his unexplained and not justified absence from his job does not mean he gave up tenure has some facial merit. Of course he could be using the same argument if he took the next five years to cruise the globe returning to claim his tenured position. This is another example of our absurd system and how good intentioned ideas can go astray. Protecting career public servants from political pressure has been turned into making it difficult to remove the incompetent. As far as I know there has not been a DCA hearing that Kain did not attend. The only proceeding to date was Kains application to DCA for immediate reinstatement which was denied about two months ago.

\”In light of the risk of litigation as well as the expense the City put together the settlement package that Mr. Kains lawyer had demanded. The funds were coming from the City as well as insurance sources. Mr Kain then apparently changed his mind. As the dispute is continuing I do not want to discuss the details as it may have a detrimental effect on future proceedings.The bottom line here is that the law requires us to go through a long expensive process to remove a tenured employee. And that is what we are doing. If it costs money to achieve certainty that must be considered. No money is spent by the City lightly without due consideration.\”

Compiled by CNBNEWS.NET

HUNTING AND TRAPPING OPPORTUNITIES FOR WINTER

HARRISBURG – Pennsylvania Game Commission Executive Director Carl G. Roe reminds hunters and trappers they still have a mixed bag of seasons from which to choose after the statewide firearms deer season concludes on Saturday, Dec. 11. They include seasons for deer, snowshoe hare, ruffed grouse, squirrel, cottontail, pheasant, coyote, fisher, bobcat, beaver and other furbearers, crows, doves and waterfowl.

Xtra! Xtra! First the big news… We\’ve been looking at this eyesore for way too long, and it has finally started coming down! Sitting on the main gateway into our town, the abandoned Xtra! gas station at Browning Rd and the Black Horse Pike has not been giving the thousands of drivers who use the intersection \”a warm fuzzy feeling\” about our town.

I had been told a few weeks ago that the plans were in place to demolish the building… with asbestos needing to be removed before the actual demolition started.

Driving home tonight at 8:30pm I saw the start of the demolition, stopped home for the camera and grabbed a few photos. Its a new camera and I am still working out features, but this is the best I could do at 9pm. The retaining wall was mostly down, and the second floor of the building has the start of significant demolition, as does the corner of the core building.

Another \”When are they going to move on this\” building is just a very short distance away… An