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State of New Jersey, Civil Service Commission
Governor Phil Murphy • Lt.Governor Sheila Oliver
 
 
Margaret E. L. Howard, Presiding
Alan Dexter Bowman
Judith L. Shaw
Leo R. Vartan

A regular meeting of the Merit System Board was held on
Tuesday, February 1, 2000, in Trenton, New Jersey.

PRESENT: Presiding Board Member, Margaret E.L. Howard; Merit
System Board Members, Alan Dexter Bowman, Judith L. Shaw, and Leo
R. Vartan; Elizabeth Laufer, Deputy Attorney General; Henry
Maurer, Director, Division of Merit System Practices and Labor
Relations.

In accordance with L.1975, c.231, Margaret E. L. Howard,
presiding Merit System Board member, opened the meeting with the
following statement:

Notice of this meeting was filed with the Secretary of State
and sent to the Trentonian, Trenton Times, Courier-Post and Star
Ledger on January 27, 2000 and posted at the Department of
Personnel, 3 Station Plaza, Trenton, New Jersey.

All other actions were by unanimous vote unless otherwise specified.

CONFIDENTIAL APPOINTMENT

The Merit System Board recorded the following Confidential
Appointment under N.J.S.A. 11A:3-4(h):

Laurie D. Snyder appointed as Confidential Secretary, Department
of Community Affairs, effective November 6, 1999, salary of
$46,397.40 per annum.

WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the hearing
calendar:

Jeanene Baten, Head Nurse, Department of Human Services, New
Lisbon Developmental Center, removal.

Ellen Black, Police Officer, Rockaway Township, removal.

Dorothy Boyd, Cottage Training Supervisor, Department of Human
Services, Vineland Developmental Center, removal.

Michael Boylan, Senior Correction Officer, Department of
Corrections, Edna Mahan Correctional Facility for Women,
suspension.

Douglas Ferguson, Senior Correction Officer, Department of
Corrections, Central Medical/Transportation, suspension.

Eduardo Pinto, Police Officer, City of Newark, removal.

DISMISSAL OF APPEALS - FAILURE TO APPEAR

The Merit System Board dismissed the following cases without
prejudice for failure to appear at the scheduled hearing before
the Office of Administrative Law:

James Beck, Equipment Operator, Department of Transportation,
suspension.

Carolyn Bowman, Human Services Technician, Department of Human
Services, Greystone Park Psychiatric Hospital, removal.

Dedra Ogunjobi, Clerk Typist, Administrative Office of the
Courts, Judiciary B Essex Vicinage, suspension.

Joseph Palumbo, Maintenance Worker II, Department of
Transportation, removal.

Dwight L. Speight, Stock Clerk, State Operated School District of
the City of Newark, removal.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Tina Marie DeCesare
Weehawkin Board of Education
Removal

In the Matter of Derrick Green
Willingboro Township
Removal

In the Matter of John Modzelewski
Town of Kearney
Suspension

In the Matter of Mary Russo
Newark School District
Resignation Not in Good Standing

In the Matter of Charles Stephenson
Northern State Prison - Department of Corrections
Suspension

In the Matter of Charles Thompson
County of Monmouth
Department of Corrections and Youth Services
Removal

In the Matter of Lawrence Wheeler
City of Passaic, Police Department
Suspension


RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE
CASES - SETTLEMENT

ACTION: The Merit System Board acknowledged the
settlements with the exception of Derrick Green and
John Modzelewski.

A motion was made and seconded that the open session be recessed
and that, pursuant to Section 12(b) of the Open Public Meetings
Act, the Merit System Board entered into Executive Session for
the purpose of legal advice on the matters of A-2 Ibrahim Abdul-
Haqq, A-14 Jennifer Jones, and A-23 Lamont Walker. The Board
subsequently reconvened the public meeting.

A-2 IBRAHIM ABDUL-HAQQ

Ibrahim Abdul-Haqq, Fire Fighter, Newark Fire Department,
suspension for 20 intermittent days beginning October 26,
1994 and ending December 7, 1994, and removal effective
November 22, 1996, on charges of wearing a beard, refusing
orders to shave it, and refusing to adhere to the rules and
regulations of the department concerning facial hair.

Recommendation of the Administrative Law Judge - Uphold the
20 day suspension, and modify the removal to a six month
suspension.

ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.

VOTE: Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

A-3 WILLIAM BROPHY

Appeal of William Brophy, Stock Handler, Camden County
Corrections Department, concerning the removal of his name
from the Investigator Sergeant, Penal Institution (C0614S),
Camden County eligible list.

Recommendation of the Administrative Law Judge - Uphold the
removal of appellant's name from eligible list for
Investigator Sergeant, Penal Institution (C0614S), Camden
County.

ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.

A-4 PATRICIA FOUNTAIN

Patricia Fountain, Senior Investigator, Department of
Corrections, demotion to the position of Senior Correction
Officer, on charges of neglect of duty, loafing, idleness or
willful failure to devote attention to tasks which could
result in danger to persons or property, conduct unbecoming
an employee and unauthorized use of computers, copiers, or
other State equipment, and violation of a rule, regulation,
procedure, order or administrative decision.

Recommendation of the Administrative Law Judge - Uphold the
demotion.

ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.

A-5 BERNARD L. MARTIN

Bernard L. Martin, Correction Sergeant, Adult Diagnostic and
Treatment Center, Department of Corrections, two
suspensions, each one for 15 days, on charges of
unsatisfactory attendance and being absent from work as
scheduled without permission or prior notice.

Recommendation of the Administrative Law Judge - Reverse the
suspensions.

ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.

A-6 PHILIP MARTONE

Philip Martone, Supervisor of Recreation, Township of
Kearny, suspension for four months, on charges of conduct
unbecoming a public employee and possession of marijuana

Recommendation of the Administrative Law Judge - Modify the
four month suspension to a 30 day suspension.

ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.

VOTE: Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Abstained)

A-7 HELANE NANNARELLO

Helane Nannarello, Clerk Typist, Monmouth County,
Prosecutor's Office, resignation not in good standing
effective November 23, 1998, on charges of abandonment of
position as a result of absences from duty for five or more
consecutive business days without approval, and inability to
perform duty.

Recommendation of the Administrative Law Judge - Modify the
resignation not in good standing to a resignation in good
standing.

ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.

A-8 GEORGE EDWIN PHILLIPS

George Edwin Phillips, Senior Correction Officer, New Jersey
State Prison, Department of Corrections, suspension for ten
days, on charges of neglect of duty, loafing, idleness or
willful failure to devote attention to tasks which could
result in danger to persons or property.

Recommendation of the Administrative Law Judge - Uphold the
suspension.

ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.

A-9 KATHY QUITO

Kathy Quito, Clerk Typist, Carteret Borough Library, layoff
effective February 12, 1999, for reasons of economy and
efficiency.

Recommendation of the Administrative Law Judge - Uphold the
layoff.

ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.

A-10 PEDRO RUIZ

Pedro Ruiz, Carpenter, New Jersey City University,
suspension for ten days, on charges of leaving the scene of
an accident and failure to follow established University
procedures.

Recommendation of the Administrative Law Judge - Uphold the
suspension.

ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.

A-11 YVONNE BURGESS

Yvonne Burgess, Clinical Specialist, Psychiatric Nursing,
Department of Human Services, removal effective May 6, 1998,
on charges of physical abuse of a resident and misuse of
authority.

Recommendation of the Administrative Law Judge - Modify the
removal to a six month suspension.

ACTION: The Merit System Board directed that this matter
be held over.

A-12 PATRICIA FUDGE

Patricia Fudge, Food Service Worker, Woodbridge
Developmental Center, Department of Human Services, removal
effective August 25, 1998, on charges of chronic or
excessive absenteeism from work without pay.

Recommendation of the Administrative Law Judge - Uphold the
removal.

ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.

A-13 TWANNA HARRIS

Twanna Harris, Senior Food Service Handler, North Jersey
Developmental Center, Department of Human Services, removal
effective April 15, 1998, on charges of conviction of a
crime.

Recommendation of the Administrative Law Judge - Dismiss the
appeal.

ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.

A-14 JENNIFER JONES

Jennifer Jones, County Correction Officer, Burlington County
Jail, Burlington County, removal effective June 26, 1998, on
charges of conduct unbecoming a public employee, and neglect
of duty.

Recommendation of the Administrative Law Judge - Uphold the
removal.

ACTION: The Merit System Board modified the
recommendation of the Administrative Law Judge and
reversed the removal.

A-15 PHILLIP MONTGOMERY

Phillip Montgomery, Senior Data Entry Machine Operator,
Department of the Treasury, removal effective July 10, 1998,
on charges of insubordination, chronic and excessive
absenteeism, unauthorized absences; failure to adhere to
established procedures for reporting absences from work;
failure to adhere to established procedures for documenting
absences from work; and violation of terms and conditions
set forth in a settlement agreement dated September 10,
1997.

Recommendation of the Administrative Law Judge - Uphold the
removal.

ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.

A-16 THOMAS WALLACE

Thomas Wallace, Correction Officer, County of Cumberland,
removal effective June 5, 1998, on charges of other
sufficient causes and resignation not in good standing.

Recommendation of the Administrative Law Judge - Uphold the
removal.

ACTION: The Merit System Board modified the
recommendation of the Administrative Law Judge to
a resignation in good standing.

A-17 ARISTIDES SAMOT

Aristides Samot, Residential Services Worker, Woodbine
Developmental Center, Department of Human Services, (1)
removal effective December 22, 1997 and (2) resignation not
in good standing effective December 22, 1997, on charges of
(1) attempted theft of public property and (2) being absent
from duty for five or more consecutive days without
approval.

Recommendation of the Administrative Law Judge - Uphold the
removal.

ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.

A-18 HORACE WATSON

Horace Watson, Police Officer, City of East Orange, removal
effective June 10, 1997, on charges of insubordination,
conduct unbecoming, neglect of duty and failure to perform
and for violating the last chance agreement entered into on
December 17, 1998.

Recommendation of the Administrative Law Judge - Uphold the
removal.

ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.

VOTE: Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

A-19 JOSEPH WOLINSKI

Joseph Wolinski, Hospital Attendant, Department of Health
and Rehabilitation, County of Essex, removal effective March
31, 1998, on charges of incompetency, inefficiency,
inability to perform duties, conduct unbecoming a public
employee, neglect of duty and violation of a stipulation of
settlement.

Recommendation of the Administrative Law Judge - Modify the
removal to six, six-month suspensions to run concurrent with
each other.

ACTION: The Merit System Board directed that this matter
be held over.

A-20 LUCIANO REA

Luciano Rea, Assessing Aide, Assessing Department, Township
of Teaneck, layoff effective December 30, 1994, for reasons
of economy and efficiency. This matter was scheduled to be
heard at the Merit System Board Meeting of November 9, 1999
but was held over to allow PERC to first render a decision.

Recommendation of the Administrative Law Judge - Uphold the
layoff.

ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.

A-21 RALPH CIOFFI

Ralph Cioffi, County Police Lieutenant, Police Department,
Hudson County, removal effective September 16, 1996, on
charges of conduct unbecoming an officer, performance of
duty, conduct toward a subordinate handling of firearms and
removing firearm from holster. The Merit System Board at
its meeting of October 26, 1999 directed that this matter be
held over for a testimony summary.

Recommendation of the Administrative Law Judge - Reverse the
removal.

ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.

A-22 DONNELL DAVIS

Donnell Davis, Youth Worker, Woodbridge Child Diagnostic and
Treatment Center, Department of Human Services, removal
effective September 17, 1998, on charges of physical abuse
of a resident. The Merit System Board at its meeting of
November 9, 1999, directed that this matter be held over for
a testimony summary.

Recommendation of the Administrative Law Judge - Modify the
removal to a 90 day suspension.

ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.

A-23 LAMONT WALKER

Lamont D. Walker, Supervising Building Maintenance Worker,
Department of Buildings and Grounds, Burlington County, (1)
suspension for ten days, beginning March 18, 1996 and
demotion to the position of Building Maintenance Worker,
effective March 11, 1996 and ending at the time the
appellant produced a valid driver's license, and (2)
removal effective August 5, 1996, on charges of (1)
incompetency, inefficiency and failure to perform duties,
conduct unbecoming a public employee, neglect of duty and
misuse of a county vehicle (driving while on the suspended
list) and (2) incompetency, inefficiency and failure to
perform duties, chronic or excessive absenteeism and
unexcused absences, conduct unbecoming a public employee and
neglect of duty. The Merit System Board at its meeting of
January 11, 2000, directed that this matter be held over.

Recommendation of the Administrative Law Judge - Uphold the
ten day suspension, demotion and removal.

ACTION: The Merit System Board directed that this matter
be held over.

SECTION B - MISCELLANEOUS MATTERS

B-1 JOSEPH CARDIN

Joseph Cardin appeals his rejection as a Sheriff's Officer
by the County of Hudson and its request to remove his name
from the eligible list for Sheriff's Officer on the basis of
psychological unfitness to perform effectively the duties of
the position.

ACTION: The Merit System Board directed that this appeal
be denied.

B-2 NICHOLAS CARUSO

Nicholas Caruso, represented by Carl G. Zoecklein, Esq.,
appeals his rejection as a County Correction Officer
candidate by the County of Union and its request to remove
his name from the subject eligible list on the basis of
psychological unfitness to perform effectively the duties of
the position.

ACTION: The Merit System Board directed that this appeal
be denied.

B-3 ISMAEL MARTINEZ

Ismael Martinez, represented by Luis E. Rivera Castro, Esq.,
appeals his rejection as a County Correction Officer
candidate by the County of Hudson and its request to remove
his name from the subject eligible list on the basis of
psychological unfitness to perform effectively the duties of
the position.

ACTION: The Merit System Board directed that this appeal
be denied.

B-4 ROBERT L. NICHOLAS

Robert L. Nicholas appeals his rejection as a Juvenile
Detention Officer by the County of Essex and its request to
remove his name from the eligible list for Juvenile
Detention Officer on the basis of psychological unfitness to
perform effectively the duties of the position.

ACTION: The Merit System Board directed that this appeal
be denied.

B-5 KIMBERLY A. KAY

Kimberly A. Kay, represented by Anthony J. Fusco, Esq., and
the City of Bayonne petition the Merit System Board to
acknowledge the settlement agreement between the parties
relating to Ms. Kay's removal from the eligible list for
Police Officer, City of Bayonne, due to psychological
unfitness to perform effectively the duties of the position.

ACTION: The Merit System Board acknowledged the
settlement.

B-6 KENNETH A. CURRY

Kenneth A. Curry, a Senior Correction Officer with
Riverfront State Prison, Department of Corrections, appeals
the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be granted.

B-7 CHARLES R. GREEN

Charles R. Green, a former Correction Lieutenant at the
Albert C. Wagner Youth Correctional Facility, Department of
Corrections, represented by Mario A. Iaviocoli, Esq.,
appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be denied.

B-8 BIANCA LOZADA

Bianca Lozada, an Employment Counselor with the Department
of Labor, appeals the denial of sick leave injury (SLI)
benefits.

ACTION: The Merit System Board directed that this appeal
be denied.

B-9 GEORGIA MACINDOE

Georgia MacIndoe, a Habilitation Plan Coordinator with Green
Brook Regional Center, Department of Human Services, appeals
the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be granted.

B-10 LAVERNE MCRAE

LaVerne McRae, a Senior Therapy Program Assistant with
Trenton Psychiatric Hospital, Department of Human Services,
appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be granted.

B-11 CLARA E. QUINN

Clara E. Quinn, a Cottage Training Technician with Woodbine
Developmental Center, Department of Human Services, appeals
the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be denied.

B-12 LISA STARSINIC

Lisa Starsinic, a Family Service Specialist 3 with the
Division of Youth and Family Services, Department of Human
Services, appeals the denial of sick leave injury (SLI)
benefits.

ACTION: The Merit System Board directed that this appeal
be granted.

B-13 FARAMARZ AZIMI

Faramarz Azimi, a Principal Engineer, Transportation with
the Department of Transportation (DOT), appeals the
determination of the Director of the DOT's Division of Civil
Rights and Affirmative Action, stating that the appellant
failed to present sufficient evidence to support a finding
that the DOT had discriminated against him based on his
national origin.

ACTION: The Merit System Board directed that this appeal
be denied.

B-14 SANDRA SMITH

Sandra Smith, a Guard with Rowan University, appeals the
determination of the University President, which found no
basis for her allegation that she had been discriminated
against based on her sex or based on a disability.

ACTION: The Merit System Board directed that this appeal
be denied.

B-15 ANNIE J. BELIN

Annie J. Belin appeals the decision of Human Resource
Information Services which upheld Union County's bypass of
the appellant from the June 19, 1997 certification of the
Senior Juvenile Detention Officer (PC1061U) eligible list
due to an unsatisfactory employment history.

ACTION: The Merit System Board directed that this appeal
be denied.

B-16 DONALD L. HAVILAND

Donald L. Haviland, an Unemployment Insurance Clerk at the
Department of Labor, appeals the removal of his name from
the promotional eligible list for Senior Unemployment
Insurance Clerk (PS2720N), Department of Labor, due to an
unsatisfactory employment History.

ACTION: The Merit System Board directed that this appeal
be denied.

B-17 THOMAS M. HENEL

Thomas M. Henel appeals the request by Union County to
remove his name from the Income Maintenance Worker (C0812A)
eligible list for medical unfitness to effectively perform
the duties of the position.

ACTION: The Merit System Board directed that this appeal
be denied.

B-18 DANNY LATORRE

Danny Latorre appeals the decision of Human Resource
Information Services, which upheld the request by the
Department of Corrections to remove the appellant's name
from the Correction Officer Recruit (S9999V) eligible list
due to an unsatisfactory driving record.

ACTION: The Merit System Board directed that this appeal
be denied.

B-19 FRANCISCO MARTINEZ

Francisco Martinez appeals the decision of Human Resource
Information Services which upheld the Department of
Corrections' request for the removal of the appellant's name
from the Correction Officer Recruit (S9999V) eligible list
due to an unsatisfactory background check.

ACTION: The Merit System Board directed that this appeal
be denied.

B-20 CHARLOTTE MCKINNON

Charlotte McKinnon, represented by Francis X. St. John,
Esq., appeals the decision of Human Resource Information
Systems which found that the appointing authority had
presented a sufficient basis to remove her name from the
Sheriff's Officer (C5848L), Mercer County, priority hiring
list on the basis of an unsatisfactory background report.

ACTION: The Merit System Board directed that this appeal
be denied.

B-21 DORETHA MOLLETT

Doretha Mollett appeals the determination of Human Resource
Information Services, which found that the appellant had not
been improperly bypassed on the eligible lists for
Secretarial Assistant 2 (S1514S) and Principal Clerk Typist
(S6585S), Greystone Park Psychiatric Hospital, Department of
Human Services.

ACTION: The Merit System Board granted a hearing.

B-22 ELAINE RILEY

Elaine Riley, represented by Larry J. McClure, Esq., appeals
the decision of Human Resource Information Systems which
removed her name from the special reemployment list for
Clerk Typist, Borough of Oakland, due to appellant's failure
to respond to a certification notice.

ACTION: The Merit System Board directed that this appeal
be denied.

B-23 DORELEENA SAMMONS-POSEY

Doreleena Sammons-Posey, a Research Scientist 1 with the
Department of Health and Senior Services, represented by
John Seiler, CWA Local 1034, appeals the determination of
Human Resource Information Services which upheld the bypass
of her name on the Service Director, Department of Health
(PS1005H) eligible list.

ACTION: The Merit System Board granted a hearing.

B-24 STEPHEN SCATURRO

Stephen Scaturro appeals the decision of Human Resource
Information Systems which found that the appointing
authority had presented a sufficient basis to remove his
name from the Sheriff's Officer (C1309Z), Ocean County,
eligible list on the basis of an unsatisfactory employment
record.

ACTION: The Merit System Board directed that this appeal
be denied.

B-25 NIPA SHAH

Nipa Shah appeals the decision of Human Resource Information
Services which removed the appellant's name from the Cashier
(S1762U) list for the Bergen Vicinage, the Judiciary, due to
the appellant's non-response to a letter regarding an
interview.

ACTION: The Merit System Board directed that this appeal
be denied.

B-26 STEPHEN WATSON, SR.

Stephen Watson, Sr., appeals the decision of Human Resource
Information Services which upheld the Department of
Corrections' request for the removal of the appellant's name
from the Correction Officer Recruit (S9999V) eligible list
due to an unsatisfactory background check.

ACTION: The Merit System Board directed that this appeal
be denied.

B-27 JAMES G. BEST

James G. Best, a Correction Officer Recruit at Bayside State
Prison, Department of Corrections, petitions the Merit
System Board for interim relief of his removal, effective
September 9, 1999, pending the outcome of his hearing at the
Office of Administrative Law.

ACTION: The Merit System Board denied the request for
interim relief.

B-28 MARIE BRUNOT

Marie Brunot, a Nurse's Aide at the John L. Montgomery
Medical Home, Monmouth County, represented by Christopher B.
Leitner, Esq., petitions the Merit System Board to
reconsider its final decision dismissing her appeal without
prejudice based on her failure to pursue.

ACTION: The Merit System Board granted the
request for reconsideration and directed that the
matter be transmitted to the Office of
Administrative Law.

B-29 STEPHEN ERMI

The City of Bordentown, represented by Richard W. Hunt,
Esq., requests reconsideration of that part of the decision
of the Merit System Board rendered on August 31, 1999,
granting Stephen Ermi $111,258.03 for back pay.

ACTION: The Merit System Board denied the request for
reconsideration.

B-30 EDMUND EZIAGHIGHALA

Edmund Eziaghighala petitions the Merit System Board to
reconsider its final decision dismissing his list removal
appeal without prejudice based on his failure to pursue.

ACTION: The Merit System Board denied the request for
reconsideration.

B-31 ROSA MENDEZ

Rosa Mendez, a Graduate Nurse with Vineland Developmental
Center, Department of Human Services, petitions the Merit
System Board for reconsideration of the final administrative
decision rendered on June 17, 1999 which denied her request
for a hearing in regard to her return to Graduate Nurse, her
permanent title, at the end of the working test period as a
Head Nurse.

ACTION: The Merit System Board granted the
request for reconsideration and directed that the
matter be transmitted to the Office of
Administrative Law.

B-32 LEENORA SHOUDT

Leenora Shoudt, a Senior Correction Officer at Mountainview
Youth Correctional Facility, Department of Corrections,
petitions the Merit System Board for reconsideration of the
final administrative decision rendered on April 15, 1999,
which denied her request for a hearing in regard to her
suspension for 30 days on charges.

ACTION: The Merit System Board granted the
request for reconsideration and directed that the
matter be transmitted to the Office of
Administrative Law.

B-33 ASSISTANT DIRECTOR, BUREAU OF NARCOTICS (C0788S), (C6807O),
(C6262O) AND (C6322O), ESSEX COUNTY SHERIFF'S OFFICE

The appointing authority requests permission not to make an
appointment from the certification for Assistant Director,
Bureau of Narcotics (C0788S), (C6087O), C6262O) and
(C6322O), Essex County Sheriff's Office.

ACTION: The Merit System Board granted the request but
assessed costs.

B-34 ACCOUNTANT (M5683T), ELIZABETH HOUSING AUTHORITY

The appointing authority requests permission not to make an
appointment from the certification for Accountant (M5633T),
Elizabeth Housing Authority.

ACTION: The Merit System Board granted the request but
assessed costs.

B-35 CHARLES WILLIAMS

Charles Williams, a Juvenile Detention Officer with Union
County, represented by Daniel J. Zirrith, Esq., petitions
the Merit System Board for back pay.

ACTION: The Merit System Board granted the request.

B-36 DERRICK FOSTER

Derrick Foster, a Police Officer with the City of Newark,
represented by Bette R. Grayson, Esq., petitions the Merit
System Board for back pay and counsel fees in regard to his
dismissal from the Newark Police Department.

ACTION: The Merit System Board granted the
request for back pay but denied the request for
counsel fees.

VOTE: Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

B-37 ZANE ABEL

Zane Abel, Senior Clerk, Monmouth County Board of Social
Services, represented by Steven P. Weissman, Esq., seeks
enforcement for the Merit System Board decision rendered on
September 16, 1997, granting him back pay and counsel fees.

ACTION: The Merit System Board granted the
request in part for enforcement and ordered the
appointing authority to pay appellant $32,201.25
in back pay and $8,610 in counsel fees.

B-38 RENE BRADLEY-WILLIAMS

Rene Bradley-Williams appeals the determinations of the
Division of Selection Services which found that she did not
meet the experience requirements for the open competitive
examinations for Affirmative Action Officer (M0779W),
Atlantic City, and for Claims Adjudicator 3 Disability
Determinations (S0271O), Statewide.

ACTION: The Merit System Board directed that this appeal
be denied.

B-39 DEBBIE M. BAJEK

Debbie M. Bajek appeals the determination of the Division of
Selection Services, which found that she did not meet the
experience requirement for the promotional examination for
Principal Clerk Typist (PM6328A), Woodbridge Township.

ACTION: The Merit System Board directed that this appeal
be granted.

B-40 MARVA BRADSHAW, ET AL.

Marva Bradshaw, Daphne Holman and Mary Hull appeal the
decision of the Division of Selection Services which found
that appellants did not meet the experience requirements for
the open competitive examination for Senior Medical Security
Officer (S0262O).

ACTION: The Merit System Board directed that these appeals
be denied.

B-41 DENNIS A. BROWN

Dennis A. Brown appeals the determination of the Division of
Selection Services which found that he did not meet the
experience requirement for the promotional examination for
Inspector Road Openings (PC3905V), Camden County.

ACTION: The Merit System Board directed that this appeal
be denied.

B-42 DARREN BROWN, SR.

Darren Brown, Sr. appeals the decision of the Division of
Selection Services which found that he did not meet the
experience requirements for the open competitive examination
for Principal Custodian (M9150W), Jersey City.

ACTION: The Merit System Board directed that this appeal
be denied.

B-43 MARTHA L. BROWN

Martha L. Brown appeals the determination of the Division of
Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Technical Assistant 3 (PS7065U), Department of Treasury.

ACTION: The Merit System Board directed that this appeal
be denied.

B-44 STEVE CHLEBOWSKI

Steve Chlebowski appeals the decision of the Division of
Selection Services which found that he did not meet the
experience requirements for the promotional examination for
Supervisor of Buildings and Grounds (PM0210W), Perth Amboy
Department of Public Works/Municipal Utilities.

ACTION: The Merit System Board directed that this appeal
be granted.

B-45 CELESTINE H. COLLIER

Celestine H. Collier appeals the determination of the
Division of Selection Services which found that she did not
meet the experience requirement for the promotional
examination for Administrative Assistant 1 (PS7363P),
Division of Alcoholic Beverage Control, Department of Law
and Public Safety.

ACTION: The Merit System Board directed that this appeal
be granted.

B-46 LLOYD EUBANKS

Lloyd Eubanks appeals the determination of the Division of
Selection Services that he did not possess the required
registration in order to be eligible for the open
competitive examination for Building Inspector Trainee
(M9158W), City of East Orange.

ACTION: The Merit System Board directed that this appeal
be denied.

B-47 MILDRED FRINK

Mildred Frink appeals the decision of the Division of
Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Principal Data Entry Machine Operator (PS6107I), Department
of Corrections.

ACTION: The Merit System Board directed that this appeal
be denied.

B-48 PEARL FOX

Pearl Fox appeals the determination of the Division of
Selection Services that she did not meet the experience
requirements for the promotional examination for
Housekeeping Supervisor 1 (PS8004K), Hunterdon Developmental
Center.

ACTION: The Merit System Board directed that this appeal
be denied.

B-49 ELIZABETH R. LACKO-MOHN

Elizabeth R. Lacko-Mohn appeals the determination of the
Division of Selection Services which found that she did not
meet the experience requirements for the promotional
examination for Technician, Management Information Systems
(PS7375T), Department of Transportation.

ACTION: The Merit System Board directed that this appeal
be denied.

B-50 SHEILA Y. MCELVEEN

Sheila Y. McElveen appeals the determination of the Division
of Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Medical Claims Review Clerk (PS6687K), Division of Medical
Assistance and Health Services.

ACTION: The Merit System Board directed that this appeal
be denied.

B-51 WENDY MCRAE

Wendy McRae appeals the determination of the Division of
Selection Services which found that appellant did not meet
the requirements for the Technical Assistant 1 Insurance
(PS6517L), Department of Banking and Insurance, promotional
examination.

ACTION: The Merit System Board directed that this appeal
be granted.

B-52 RICHARD P. MILLER

Richard P. Miller appeals the decision of the Division of
Selection Services which found that he did not meet the
experience requirements for the open competitive examination
for Operating Engineer, Heating and Air Conditioning
(S0338W).

ACTION: The Merit System Board directed that this appeal
be denied.

B-53 DARRYL L. WAYS

Darryl L. Ways appeals the decision of the Division of
Selection Services which found that he did not meet the
experience requirements for the promotional examination for
Equipment Operator (PC0167W), Camden County.

ACTION: The Merit System Board directed that this appeal
be denied.

B-54 MARILYN E. MACLEAN

Marilyn E. MacLean appeals her score for the Head Audit
Account Clerk (PS5769N), Department of Labor, promotional
examination.

ACTION: The Merit System Board directed that this appeal
be denied.

B-55 CARMEN MAYS

Carmen Mays appeals the determination of the Division of
Selection Services,
which found that she failed to achieve a passing score on
the written examination for Income Maintenance Aide
Bilingual in Spanish and English (C0455O), Passaic County.

ACTION: The Merit System Board directed that this appeal
be denied.

B-56 KEVIN P. POLLARD

Kevin P. Pollard appeals his score on the promotional
examination for Deputy Police Chief (PM0930U), Hamilton
Township.

ACTION: The Merit System Board directed that this appeal
be denied.

B-57 MICHAEL V. RUANE

Michael V. Ruane appeals the keyed responses to questions,
21, 30 and 36 of the multiple choice examination for
Sheriff's Officer Sergeant (PC0365T), Essex County.

ACTION: The Merit System Board directed that this appeal
be denied.

B-58 GEORGE H. BYRD, ET AL.

George H. Byrd, et al. appeal the promotional examinations
for the Department of Personnel as follows: George H. Byrd,
Joe M. Hill, Colleen A. Kraun, Christina J. Mongon, Kathleen
L. Morris, Test Development Specialist I (PS5141C);
Christopher J. Morrison, Naa-awa V. Nelson, Test Development
Specialist II (PS5435C): Clairrah H. Stowers, Michael M.
Szuter, Joel S. Tenenbaum, Test Development Specialist I
(PS5141C); and Richard P. Urglavitch, Test Development
Specialist II (PS5435C).

ACTION: The Merit System Board directed that these appeals
be denied.

B-59 TIMOTHY GEERIN, ET AL.

The following appellants appeal the written examination for
Police Lieutenant (various jurisdictions): Timothy Geerin,
Peter Nevins, Drew Niekrasz, Vincent Maak, Thomas Murphy and
Mark Smith, (PM3825V) Bayonne; Michael Behre and Mark
Leonard, (PM3826V) Bloomfield; John Talty and John Bender,
(PM3829V) Brick Township; Michael Wallace, (PM3831V)
Cinnaminson Township; Robert Kneer, (PM3832V) Fair Lawn;
Edward Healy and Bruce Sibel, (PM3834V) Jefferson; Edward
Gerasimowicz and Joseph Prettyman, (PM3836V) Lawrence
Township; Anthony Caputo, Charles Ratliff, Roberg Regan, Ann
Chapman-Scattergood, Michael Bacorn, Leslie Levine and
Daniel Destephano, (PM3841V) New Brunswick City; Richard
Williams and Joseph Rios, (PM3844V) Passaic; Joseph
Esposito, Robert Medwick, Alexis Nieves, Francis McCagh,
Gustave Sedeyn, Ibrahim Baycora, Michael Recca, Robert
Heerbrandt, William Mott, Paterson; Stephen Skrinak and
James Staszah, (PM3846V) Rockaway Township; James Cassidy,
Brian Mahoney and Mark Zyla, (PM3848V) Scotch Plains; Steven
Librie, (PM3849V) Teaneck; Antonio Ortiz and John Wood,
(PM3852V) Winslow Township; John Scricco, (PM3882V) Essex
County; Joseph Sypherd, Jeff Weiserth, Timothy Kaighn and
William Earle, (PM4025V) Gloucester Township; Dean Didyk,
(PM4175V) Elmwood Park; Robert Ronceray and Michael Palardy
Jr., (PM4176V) Millburn; Thomas Biczis, (PM4324V) Perth
Amboy; Edward Rosellini, (PM44323V) Montville; Thomas
DePaul, Daniel Bradley and David Mayer, (PM4482V) Wildwood
Crest; and Nicholas Salerno and John Cummins Jr., (PM4483V)
South Orange.

ACTION: The Merit System Board directed that
these appeals be granted in part.

B-60 GWENDOLYN LEWIS

Gwendolyn Lewis appeals the validity and administration of
the open-competitive examination for Affirmative Action
Officer (M0779W), Atlantic City.

ACTION: The Merit System Board directed that this appeal
be denied.

B-61 DELORES MCFADDEN

Delores McFadden appeals the validity of the open-
competitive examination for Senior Vocational Rehabilitation
Counselor (S0482A).

ACTION: The Merit System Board directed that this appeal
be denied.

B-62 JOSEPH SYPHERD

Joseph Sypherd, represented by Vincenza Leonelli-Spina,
Esq., appeals the examination for Police Lieutenant
(PM1100U), Gloucester Township.

ACTION: The Merit System Board directed that this appeal
be denied.

B-63 RICHARD J. DELANEY AND ANDRE KRAWTSCHENKO

Richard J. Delaney and Andre Krawtschenko petition the Merit
System Board for reconsideration of its decision rendered on
March 9, 1999 in which the board determined that the tests
for the 1994 Project Engineer promotional examinations were
identical to the Project Engineer, Surface Design (PS4255T)
promotional examination.

ACTION: The Merit System Board denied the request for
reconsideration.

B-64 JUVENILE DETENTION OFFICERS, PASSAIC COUNTY

Migdalia Martinez, Willie Seabrooks, Pedro Gonzalez, Carl
Ferguson, Ibn Muhammad and Alexis Ortiz, represented by
Mario Rivera, Local 1032, CWA, appeal their failure to be
appointed from Juvenile Detention Officer open-competitive
lists. The Passaic County appointing authority also
requests activation of a Juvenile Detention Officer list to
effect the permanent appointment of Diary Salas.

ACTION: The Merit System Board directed that
this appeal be granted in part.

B-65 CAROL L. BARR, ET AL.

The Director of Human Resources, Department of Labor, behalf
of Carol L. Barr, Lynette B. Benton, ant Patricia G.
Simmons, requests that these employees' out-of-title work
experience be accepted to satisfy the experience requirement
for a qualifying examination for Technician Management
Information Systems, Department of Labor.

ACTION: The Merit System Board granted the request.

B-66 JOSEPH DE MARCO

Joseph De Marco, an employee of the Administrative Office of
the Courts, requests relaxation of the provisions of
N.J.A.C. 4A:6-1.22 so as to permit him to exceed the ten day
sick leave limit for donation to Joanne Rotondo.

ACTION: The Merit System Board granted the request.

B-67 CHARLES PLUMERI

Charles Plumeri, a Manager, I, Department of Personnel
(CSC), claims that he is entitled to special reemployment
rights following layoffs effective at the close of business,
June 21, 1996.

ACTION: The Merit System Board directed that this appeal
be denied.

B-68 N.J.A.C. 4A:6-4.2 AND 4.5 (HRDI)

It is recommended that the reproprosed amendments to
N.J.A.C. 4A:6-4.2 and 4.5 (HRDI) be adopted.

ACTION: The Merit System Board adopted the
repoproposed amendments.

B-69 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of January
11, 1999, are submitted for adoption.

ACTION: The Merit System Board adopted the
minutes of its meeting of January 11, 1999.

B-70 RACHEL ANN BURRIS

The Superior Court, appellate Division, has remanded for
reconsideration the decision of the Merit System Board,
rendered on December 8, 1998, awarding counsel fees to
Rachel Ann Burris, a Police Officer with the Township of
West Orange. This matter was held over from the January 11,
2000 meeting for review by the Attorney General's Office.

ACTION: The Merit System Board granted the
request for additional counsel fees in the amount
of $1,785.

B-71 CONNIE L. MARSHALL

Connie L. Marshall appeals the determination of the Division
of Selection Services, which found that she lacked the
required amount of permanent status in a title to which the
promotional examination for Secretarial Assistant 3 (Non-
Stenographic) (PS7280K), Woodbine Developmental Center, was
open.

ACTION: The Merit System Board directed that this appeal
be denied.

B-72 NORTH HUDSON REGIONAL FIRE AND RESCUE SERVICE

The North Hudson Regional fire and Rescue Service (NHRFRS),
represented by Robert E. Murray, Esq., requests
certification of expired and existing eligible lists for
Fire Lieutenant (PM4169V) West New York, Battalion Fire
Chief (PM1078U) North Bergen, Battalion Fire Chief (PM1082U)
Weehawken, Fire Captain (PM2796S) North Bergen, and Fire
Lieutenant (PM4805R) Union City.

ACTION: The Merit System Board granted the
request to the extent that the lists in question
are to be used for appointments within their
respective jurisdictions and that certifications
are to be used once within the next 30 days.

B-73 DELORES D. CAMPBELL

The Department of Personnel requests acknowledgement and
approval of the terms of the attached settlement agreement
concerning Delores Campbell's claim of special reemployment
rights to the title of Technical Assistant 2, Department of
Personnel.

ACTION: The Merit System Board acknowledged the
settlement.

B-74 EARLY SETTLEMENTS

Joseph Bowe
Rowan University
Release at the end of the working test period

Larry J. Clouse, Sr.
Mountainview Youth Correctional Facility
Department of Corrections
10-day suspension

Anthony Dillard
South Woods State Prison
Department of Corrections
Removal

Benjamin DiPierdominico
Hudson County
Resignation not in good standing

Robert Williams
Department of Human Services
Removal

ACTION: The Merit System Board acknowledged the
settlements.


There being no further business before the Merit System
Board, the meeting was adjourned to convene on Tuesday, February
8, 2000, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
MARGARET E. L. HOWARD
PRESIDING BOARD MEMBER

 
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