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Tynan v. Vicinage 13 of the Superior Court of New Jersey5/31/2002
noted that the vicinage was aware that in 1990, Tynan's adult daughter became brain damaged in an alcohol related automobile accident. The daughter became an invalid requiring constant care. As a result of this tragedy, Tynan had been diagnosed with post-traumatic stress disorder.
Another incident cited by Tynan centered on Judge Andrew Smithson's unannounced visit to Hunterdon County Court to discuss the selection of a special jury panel for a capital murder trial. According to Tynan, Pardo accused her of improperly scheduling the meeting with Judge Smithson, which left Tynan "trembling and crying." The judge subsequently wrote stating he had indeed come unannounced and that Tynan "was . . . vital to the success of the long and difficult jury selection process." The judge's staff specifically asked that he "incorporate their praise and thanks for the job that Ms. Tynan performed."
On October 22, 1996, Pardo sent Tynan a second performance warning for several problems including a mix-up of grand jury dates. Pardo claimed that although Tynan corrected the date on the jury order, she failed to contact Pardo regarding that correction. In addition, Pardo charged that Tynan failed to respond to Pardo's request that Tynan obtain information needed from a vendor used by the jury manager's office for data processing services. Pardo needed the information in order to respond to an inquiry from the Finance Manager. In addition, according to Pardo, Tynan had failed to communicate to Pardo that an invoice from this vendor had not been paid for over a year.
Pardo charged Tynan with "insubordination" and a "pattern of behavior," and again, further disciplinary action was threatened including possible termination of Tynan's employment. Tynan explained that this exchange with Pardo "triggered every physical symptom that I had." Tynan said the discipline notice caused her to be physically sick. She was a "nervous wreck," her "blood pressure was sky high, with bloody diarrhea all weekend."
With regard to the need to correct the grand jury dates, Tynan contended that she had advised Pardo that she had recently been diagnosed with ulcerative colitis which was aggravated by stress. She advised Pardo that she had called in sick on Friday, because she had been up all night Thursday with a colitis attack. Tynan claims that Pardo told her she had to come in to work and that the date correction letters had to go out that date. Tynan stated she advised Pardo that she was very sick, but Pardo responded by telling her she had to come to work. According to Tynan, this further magnified her illness.
In February 1997, Tynan met with defendant Assistant Trial Court Administrator Sue Regan with respect to her work- place treatment. Tynan told her she wanted Pardo's harassing behavior toward her to stop and that it was affecting her health.
In January 1998, Tynan contacted the Human Resources Division in Trenton regarding those problems. Robert Battle the chief of EEO/AA suggested that Tynan contact Human Resources Director Rachel Morejon and explain to her the details of the situation.
Tynan explained that she met with Morejon because she "wanted the harassment to stop, I wanted it out in the open, and I wanted somebody to do something because I was sick and tired of being sick and tired." According to Tynan, Morejon stated that she could file a formal complaint, but Tynan stated that she wanted to handle the problem "administratively."
The Vicinage Assignment Judge assigned Regan to handle the situation and address Tynan's concerns. At a meeting with Regan, Tynan stated that she wished to perform her job in a non-stressful atmosphere and that he
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