State of New Jersey, Civil Service Commission
Governor Chris Christie • Lt.Governor Kim Guadagno
 
 
Janice Mitchell Mintz, Chairwoman
Alan Dexter Bowman
Margaret E. L. Howard
Judith L. Shaw
Leo R. Vartan


A regular meeting of the Merit System Board was held on
Tuesday, April 4, 2000 in Trenton, New Jersey.

PRESENT: Chairwoman Janice Mitchell Mintz; Merit System
Board Members, Alan Dexter Bowman, Margaret E. L. Howard, Judith
Shaw, and Leo R. Vartan; Elizabeth Laufer, Deputy Attorney
General; and Henry Maurer, Director.

In accordance with L.1975, c.231, Janice Mitchell Mintz,
Chairwoman, Merit System Board, 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 November 8, 1999 and posted at the Department of
Personnel, 3 Station Plaza, Trenton, New Jersey.

All other actions were by unanimous vote unless otherwise
specified.

WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the hearing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

George Boyer, Investigator Public Works, City of Camden,
suspension.

Jeffrey A. Brown, Senior Correction Officer, Department of
Corrections, Garden State Youth Correctional Facility,
suspension.

Kevin Caldwell, Police Officer City of Jersey City, suspension.

Kenneth F. Hixenbaugh, Welfare Director, County of Salem, Board
of Social Services, removal.

Agostinho Morias, Police Officer, City of Newark, suspension.

Miriam Prosper, Senior Clerk Typist, City of Jersey City,
removal.

Mittie Williams, County Correction Officer, County of Camden,
suspension.

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 with the exception of Ive Rose
Colas:

Jamal Abrubakkr, Laborer, City of Newark, removal.

Robert Belisle, Operating Engineer I, Department of Human
Services, Woodbine Developmental Center, resignation not in good
standing.

Ronald Cloud, Custodial Worker, City of Newark, removal.

Ive Rose Colas, Human Services Assistant, Department of Human
Services, Greenbrook Regional Center, suspension and removal.

Thomas Drum, Auditor Accountant Trainee, Department of the
Treasury, release at the end of working test period.

Maxine Kantrowitz, Investigator Probation, Administrative Office
of the Courts, Judiciary - Monmouth Vicinage, suspension.

Beverly Perry, Hospital Attendant, County of Bergen, suspension.

Marva Weston, Senior Juvenile Detention Officer, County of
Burlington, removal.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Stanley Bednarczyk
Borough of Wallington
Suspension

In the Matter of Donald Baker
Greystone Psychiatric Hospital
Suspension

In the Matter of Kelly Delgaizo
Warren County Detention Department
Removal

In the Matter of John Fagan
West Orange Police Department
Suspension and Removal

In the Matter of Sharon Green
Trenton Psychiatric Hospital
Resignation Not in Good Standing

In the Matter of Evelyn Mayo
Preakness Healthcare Center, Passaic County
Suspension

In the Matter of Michael Owusu
Monmouth County Health Care Facilities
Removal

In the Matter of Esther Peters
New Lisbon Developmental Center
Department of Human Services
Removal

In the Matter of Tony Richey
Newark School District
Suspension

In the Matter of Stanford Stubbs
New Jersey Department of Transportation
Removal

In the Matter of Carlton Thomas
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 John Fagan, Sharon Green, and
Stanford Stubbs.

A-2 JOSE BENITEZ

Jose Benitez, Building Maintenance Worker, Preakness
Hospital, Passaic County, (1) suspension for 20 days and (2)
removal effective April 16, 1998, on charges of (1) failure
to report to work as scheduled and violation of Preakness
Hospital Policy, patterning use of sick time and conduct
unbecoming a public employee and use of foul language toward
another employee.

Recommendation of the Administrative Law Judge - Uphold the
20-day suspension and removal.

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

A-3 JAMES CAMPBELL

James Campbell, Assistant Supervising Maintenance Repairer,
Jersey City Housing Authority, suspension for six days, on
charges of failure to properly perform job duties and
responsibilities, insubordination, and conduct unbecoming a
Jersey City Housing Authority, (JCHA) supervisor.

Recommendation of the Administrative Law Judge - Uphold the
suspension.

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

A-4 CUMBERLAND COUNTY HEALTH DEPARTMENT LAYOFF

Cumberland County Health Department Layoff/Demotions in lieu
of layoffs effective March 14, 1999, for reasons of economy
and efficiency.

Recommendation of the Administrative Law Judge - Uphold
layoff/demotions in lieu of layoffs.

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

A-5 RACHEL DANIELS

Rachel Daniels, Senior Correction Officer, New Jersey State
Prison, Department of Corrections, suspension for ten days,
on charges of failure or excessive delay in carrying out an
order which would not result in danger to persons/property.

Recommendation of the Administrative Law Judge - Reverse the
suspension.

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

A-6 STEVEN ECKEL

Steven Eckel, Sheriff's Officer, Office of the Sheriff,
County of Middlesex, suspension for five days, on charges of
violation of Sheriff's Department rules and regulations and
grievant's complaint that transfer was a disciplinary
action.

Recommendation of the Administrative Law Judge - Dismiss the
appeal with prejudice.

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

A-7 JOSEPH FREDA

Joseph Freda, Senior Maintenance Repairer, the Borough of
Belmar, Department of Public Works, suspension for 45 days,
on charges of incompetency, inefficiency, conduct unbecoming
an employee, neglect of duty and misuse of public property

Recommendation of the Administrative Law Judge - Reverse
the suspension.

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

A-8 JOSEPH LANIER

Joseph Lanier, Police Officer, Police Department, City of
Jersey City, (1) suspension for ten days beginning December
23, 1996 (2) suspension for 45 days beginning February 1,
1997, and (3) suspension for 60 days beginning January 4,
1998, on charges of (1) inability to perform duties, and (2)
violation of a courtesy rule which, states members shall be
courteous and avoid abusive language at all times in their
relationship with each other and the public, and another
rule on cooperation, which states members shall cooperate
with other units of the department, other members and
outside law enforcement agencies, and (3) violation of G.O.
#18-89, failure to stop at a stop light, failure to fasten
seat belt, and failure to operate a vehicle with due care.

Recommendation of the Administrative Law Judge - Uphold the
10 and 45-day suspensions and modify the 60-day suspension
to a five-day suspension.

ACTION: The Merit System Board modified the Administrative
Law Judge's recommendation to uphold the 10 and 45
day suspensions and reverse the 60 day suspension.

A-9 ALBERT ORABONA

Albert Orabona, Senior Correction Officer, Mid-State
Correctional Facility, Department of Corrections, indefinite
suspension pending removal effective July 9, 1998 and
removal effective November 30, 1998, on charges of
conviction of a crime, simple assault, and conduct
unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the
suspension and removal.

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

A-10 FULVIO STANZIALE

Fulvio Stanziale, Sanitary Inspector, Monmouth County Board
of Health (MCBH), alleges reprisal on the part of the
appointing authority for imposing minor discipline in the
form of a one day suspension for insubordination.

Recommendation of the Administrative Law Judge - Dismiss the
charges and reverse the suspension.

ACTION: The Merit System Board remanded this matter to the
Office of Administrative Law.

VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (No)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo R. Vartan (Yes)

A-11 BRIAN K. WOODS

Brian K. Woods, Senior Correction Officer, New Jersey State
Prison, Department of Corrections, (1) suspension for 30
days and (2) removal effective July 9, 1997, on charges of
(1) conduct unbecoming an officer, verbal abuse of an
inmate, patient, client, resident or employee,
insubordination, intentional disobedience or refusal to
accept an order; assaulting or resisting authority; and
disrespect or use of insulting or abusive language to a
Supervisor; and (2) insubordination, intentional
disobedience, refusal to accept an order, assaulting or
resisting authority, disrespectful, insulting, or abusive
language toward a superior and threatening, intimidating,
harassing, coercing, or interfering with fellow employees on
state property.

Recommendation of the Administrative Law Judge - Uphold the
30 day suspension and removal.

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

A-12 KARL STASS - SETTLEMENT

Initial removal effective June 30, 1999, on charges of
chronic and excessive absenteeism and being absent without
leave. Settled to a modification of the removal to a six
month suspension and reinstatement to employment and
submission to random blood and/or urine tests. The Merit
System Board at its meeting of March 21, 2000, directed that
this matter be held over for receipt of a letter clarifying
the terms of the settlement.

ACTION: The Merit System Board acknowledged the
settlement.

A-13 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. The Merit System Board at its meeting of
February 1, 2000, directed that this matter be held over in
order to request and review more information concerning the
hearing record before the Office of Administrative Law.

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

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

VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (No)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo R. Vartan (Yes)

A-14 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. The Merit System Board at its meeting February
8, 2000, directed that this matter be held over.

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 modified the Administrative
Law Judge's recommendation to a six month
suspension.

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

SECTION B - MISCELLANEOUS MATTERS

B-1 JOSEPH CRUZ

Joseph Cruz, represented by Donald M. Ferraiolo, Esq.,
appeals his rejection as a County Correction Officer by the
County of Hudson and its request to remove his name from the
eligible list for County Correction Officer on the basis of
psychological unfitness to perform effectively the duties of
the position.

ACTION: The Merit System Board acknowledged the withdrawal
of appeal.

B-2 JOHN FARGANO

John Fargano appeals his rejection as a County Correction
Officer by the County of Hudson and its request to remove
his name from the eligible list for County correction
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-3 THOMAS COSTANTINI

Thomas Costantini appeals the request by the New Jersey
Department of Corrections to remove his name from the
Correction Officer Recruit (S9999W) eligible list for
medical unfitness to effectively perform the duties of the
position.

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

B-4 RICHARD FISHER

Richard Fisher, a Correction Sergeant Juvenile Justice with
the Juvenile Justice Commission, Department of Law and
Public Safety, appeals the denial of sick leave injury (SLI)
benefits.

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

B-5 NANCY GALARZA

Nancy Galarza, a Practical Nurse with Vineland 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-6 LYDIA HALL

Lydia Hall, a Cottage Training Technician with North Jersey
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 granted.

B-7 DENNISE HARRIS

Dennis Harris, a Boarding Home Evaluator (Social) with the
Department of Community Affairs, appeals the denial of sick
leave injury (SLI) benefits.

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

B-8 JOSEPH HARRISON

Joseph Harrison, a Senior Vault Clerk with the Department of
Health and Senior Services, represented by Kim W. Jones,
Staff Representative, CWA Local 1034, appeals the denial of
sick leave injury (SLI) benefits.

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

B-9 DAVID HEALY

David Healy, a Teacher 2, 12 Months with the Juvenile
Justice Commission, Department of Law and Public Safety,
represented by Donald L. Klein, Executive Vice President,
CWA Local 1040, appeals the denial of sick leave injury
(SLI) benefits.

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

B-10 DEREK KILLEN

Derek Killen, a Storekeeper 2 with East Jersey State Prison,
Department of Corrections, appeals the denial of sick leave
injury (SLI) benefits.

ACTION: The Merit System Board granted a hearing.

B-11 RICHELLE PIERSON (DANIEL)

Richelle Pierson (Daniel), a principal Clerk Typist with the
Department of Health and Senior Services, represented by Joy
Schulman, Staff Representative, CWA Local 1034, appeals the
denial of sick leave injury (SLI) benefits.

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

B-12 LEONI M. PINHEIRO

Leoni M. Pinheiro, a Senior Correction Officer with the
Juvenile Justice Commission, appeals the denial of sick
leave injury (SLI) benefits.

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

B-13 HELEN TOTH

Helen Toth, a Principal Data Entry Machine Operator
(Terminal) with the Division of Gaming Enforcement,
Department of Law and Public Safety, appeals the denial of
sick leave injury (SLI) benefits.

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

B-14 RAUL P. VEGA

Raul P. Vega, a Repairer at North Jersey 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 granted.

B-15 DONNELL AMAKER

Donnell Amaker 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 eligible list for County Correction Officer
(C5436R), Union County, based on an unsatisfactory
background report.

ACTION: The Merit System Board granted a hearing.

B-16 EDWARD J. BANACH

Edward J. Banach appeals the decision of Human Resource
Information Services which found that the appointing
authority had presented a sufficient basis to remove his
name from the eligible list for the Police Officer (M3394Y),
City of Newark, on the basis of an unsatisfactory background
report and his failure to satisfy the City's residency
requirements.

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

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

B-17 MARY ANN DANDREA

Mary Ann Dandrea appeals the determination of the division
of Selection Services which found that she did not meet the
experience requirement for the Administrative
Secretary/Office Services Manager (C6231O), Cumberland
County, open competitive examination.

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

B-18 THOMAS R. HOWE

Thomas R. Howe, represented by Arlindo B. Araujo, Esq.,
appeals the decision of Selection Services which found that
the appointing authority had presented a sufficient basis to
remove his name from the eligible list for Police Officer
(M3394Y), City of Newark on the basis of a criminal record.

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

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

B-19 PHILIP LORE

Philip Lore appeals the decision of Human Resource
Information Services which found that the appointing
authority had presented a sufficient basis to remove his
name from the Fire Fighter (M9065S), Jersey City, eligible
list on the basis of an unsatisfactory employment record.

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

B-20 TRICHONDA LOVELAND

Trichonda Loveland 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 County Correction Officer (C1097Z), Atlantic
County eligible list on the basis of falsification of her
preemployment application.

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

B-21 ERIC ZIMMERMAN

Eric Zimmerman appeals the removal of his name from the
eligible list for Juvenile Detention Officer (C6348S),
Passaic County because he possessed an unsatisfactory
employment record.

ACTION: The Merit System Board granted a hearing.

B-22 ORLANDO L. CHANDLER

Orlando L. Chandler, a Director of Finance with the Housing
Authority of the City of Camden, represented by Christopher
J. Keale, Esq., petitions the Merit System Board for a stay
of his removal effective November 1, 1999, pending the
outcome of his hearing at the Office of Administrative Law.

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

B-23 DELORES W. DUBLIN

Delores W. Dublin, an Accountant 1, Ann Klein Forensic
Center, Department of Human Services, petitions the Merit
System Board for reconsideration of the decision rendered on
December 20, 1999, which denied her request for a hearing in
regard to her return to her former permanent title at the
end of her working test period.

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

B-24 CURTIS GERMANY

Curtis Germany, a Security Guard with the State Operated
School District of the City of Newark, represented by Nancy
I. Oxfeld, Esq., petitions the Merit System Board for
reconsideration of the final administrative decision
rendered on April 20, 1999, which denied his request for a
hearing in regard to his removal on charges.

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

B-25 RAYMOND MAGLIACANO

The appeal of Raymond Magliacano, an Investigator 1,
Taxation with the Department of the Treasury, of his removal
effective June 20, 1995, on charges, was heard by
Administrative Law Judge Margaret M. Hayden (ALJ), who
rendered her initial decision on January 21, 2000,
dismissing the appellant's appeal as moot and upholding the
removal. At its meeting on March 7, 2000, the Merit System
Board (Board) adopted the ALJ's recommendation. However,
the Board found it necessary to address the ALJ's discussion
of the forfeiture statute. The proposed final decision is
now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-26 AGNITTA RICHARDSON

The appeal of Agnitta Richardson, a Nurse's Aide at the John
L. Montgomery Medical Home, Monmouth County, of her 15-day
suspension on charges, was heard by Administrative Law Judge
Beatrice S. Tylutki (ALJ), who rendered her initial decision
on January 27, 2000, upholding the 15-day suspension. At
its meeting on March 7, 2000, the Merit System Board adopted
the ALJ's recommendation. However, the Board needed to
address the culpability of the other individual in the
incident. The proposed final decision is now submitted for
the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-27 JENNIFER JONES

The appeal of Jennifer Jones, County Correction Officer,
Burlington County Jail, of her removal effective June 26,
1998, on charges, was heard by Administrative Law Judge John
R. Futey (ALJ), who rendered his initial decision on
December 3, 1999, upholding the removal. At its meeting on
February 1, 2000, the merit System Board (Board) did not
adopt the ALJ's recommendation to uphold the removal.
Rather, the Board determined that the removal be reversed.
However, based on further review of the record, the Board,
upon its own motion, granted reconsideration of its February
1, 2000 decision and determined that the appellant's removal
was appropriate. The proposed final decision is now
submitted for the Board's review.

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

B-28 TELISSA DOWLING

The appeal of Telissa Dowling, a County Correction Officer
with the Hudson County Department of Public Safety, of her
removal effective June 14, 1994, on charges, was heard by
Administrative Law Judge Stephen G. Weiss (ALJ), who
rendered his initial decision on July 21, 1999. At its
meeting on February 23, 2000, the Board adopted the ALJ's
recommendation to uphold the removal. However, the Board
did not adopt the ALJ's recommendation to award 11 days of
back pay. Rather, the Board concluded that the appellant
was not entitled to any back pay. The proposed final
decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-29 SHIRLEY HARRISON

The appeal of Shirley Harrison, a Hospital Attendant at
Buttonwood Hospital, Burlington County, of her removal
effective April 6, 1999, on charges, was heard by
Administrative Law Judge Bernard Goldberg (ALJ), who
rendered his initial decision on January 12, 2000, upholding
the appellant's removal. At its meeting on February 23,
2000, the Board did not adopt the ALJ's recommendation to
uphold the removal. Rather, the Board concluded that the
appellant should be suspended from April 6, 1999, to May 17,
1999, the period she was on the Department of Health and
Senior Services' Nurse Aide Abuse Registry. The proposed
final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-30 JAMES MEINHOLD

The appeal of James Meinhold, a Police Officer with the City
of Wildwood, of his release at the end of his working test
period, effective May 5, 1995, was heard by Administrative
Law Judge Edgar R. Holmes (ALJ), who rendered his initial
decision on September 30, 1999, upholding the release. At
its meeting on February 23, 2000, the Board adopted the
ALJ's recommendation. The proposed final decision is now
submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-31 LAMONT D. WALKER

The appeal of Lamont D. Walker, a Supervising Building
Maintenance Worker with the Department of Buildings and
Grounds, Burlington County, who received a 10-day
suspension, a demotion to Building Maintenance Worker, and a
removal, effective August 5, 1996, was heard by
Administrative Law Judge (ALJ) Joseph Lavery, who rendered
his initial decision on December 2, 1999, upholding the 10-
day suspension, the demotion and the removal. At its
meeting on February 23, 2000, the Board ordered that the
matter be remanded to the Office of Administrative Law. The
proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the decision.

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

B-32 PAULINE LEE

The appeal of Pauline Lee, a Senior Building Maintenance
Worker with New Jersey City University, regarding her
release at the end of her working test period, effective
February 5, 1999, was heard by Administrative Law Judge
(ALJ) Richard McGill, who rendered his initial decision on
January 12, 2000, upholding the release at the end of the
working test period. At its meeting on March 7, 2000, the
Merit System Board adopted the ALJ's recommendation. The
proposed final decision is now submitted for the Board's
review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (No)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo R. Vartan (Yes)

B-33 MARCUS COHEN

Marcus Cohen 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 Field Representative Senior Citizens Program (C0653W),
Essex County.

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

B-34 CHRISTOPHER T. CORCORAN AND JOHN B. FOLEY

Christopher T. Corcoran and John B. Foley appeal the
determination of the Division of Selection Services which
found that appellants did not meet the experience
requirements for the promotional examination for Assistant
Recreation Supervisor (PM0362W), Bayonne.

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

B-35 VINCENT GARCIA

Vincent Garcia appeals the determination of the Division of
Selection Services which found that he did not meet the
requirements for the open competitive examination for
Emergency Medical Services Technician (S6190A).

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

B-36 EILEEN M. O'MARA

Eileen M. O'Mara appeals the determination of the Division
of Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Management and Operations Analyst 1 (PS7557G), Department of
Environmental Protection.

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

B-37 TIDVYL L. VITELLO

Tidvyl L. Vitello appeals the determination of the Division
of Selection Services which found that he did not meet the
educational requirement for the open competitive examination
for Assistant Director of Nursing (C9093W), Monmouth County.

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

B-38 JOHN WIEGARTNER

John Wiegartner appeals the determination of the Division of
Selection Services, which found that he did not meet the
experience requirement for the open competitive examination
for Code Enforcement Officer/Zoning Officer (M6477W),
Berkeley Township.

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

B-39 ROBERTA H. WITKOWSKI

Roberta H. Witkowski appeals the determination of the
Division of Selection Services, which round that she did not
meet the experience requirement for the open competitive
examination for Program Development Specialist 2 (Housing)
(S0487A).

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

B-40 ROBERT A. DUNN

Robert A. Dunn appeals the determination of the Division of
Selection Services which found that he failed to achieve a
passing score on the open competitive examination for
Interviewer, Veterans' Service Bureau (C0923A), Ocean
County.

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

B-41 JUAN E. RIVERA

Juan E. Rivera appeals his final score on the promotional
examination for Correction Lieutenant Juvenile Justice
(PS5138P), Juvenile Justice Commission (JJC).

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

B-42 MARIANA DE CRISTOFORO

The Director, Division of Selection Services, on behalf of
the Department of Human Services, requests that Mariana De
Cristoforo's out-of-title work experience be accepted to
qualify her for a prospective promotional examination for
Senior Training Technician.

ACTION: The Merit System Board granted the request.

B-43 LINDA FRASCELLA

The Department of Labor requests that the out-of-title work
performed by Linda Frascella, while serving in the title of
Office Supervisor, be accepted as applicable for a
provisional appointment, pending promotional examination, to
the title of Procedures Analyst.

ACTION: The Merit System Board granted the request.

B-44 DANIEL SMURLO

The Director, Division of Selection Services, on behalf of
the Juvenile Justice Commission, requests that Daniel
Smurlo's out-of-title work experience be accepted to qualify
him for a lateral title change to Administrative Analyst 2.

ACTION: The Merit System Board granted the request.

B-45 DEBRA SUAREZ

Debra Suarez appeals the decisions of the Division of Human
Resource Management which found that she had no permanent
status as of the closing date for the examinations for
Senior Data Entry Machine Operator (PS3497M), and the
Principal Clerk Typist (PS4660M), the Judiciary, Middlesex
Vicinage.

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

B-46 ROBERT A. ANDREWS

The Township of Berkeley, represented by Eric Martin
Berstein, Esq., appeals the determination by the Division of
Selection Services, granting Robert A. Andrews an earlier
permanent appointment date from the promotional list for
Police Sergeant (PM4063R), Berkeley Township.

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

B-47 ROBERT STISH

Robert Stish appeals the determination of the Division of
Selection Services which found that he failed to properly
submit a required transcript or list of courses and credits
for the promotional examination for Employment Counselor
Trainee (PS5883N), Department of Labor.

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

B-48 STANLEY OGONOWSKI, JR.

Stanley Ogonowski, Jr. appeals his seniority score on the
examination for Police Sergeant (PM0979W), Atlantic City.

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

B-49 HENRY GAJDA, JR. AND KEVIN BRYANT

Henry Gajda Jr. appeals the test administration, and the
acceptance of a late admit candidate, Kevin Bryant, for the
promotional examination for Police Captain (PM3561A),
Newark.

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

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

B-50 MADHUSUDAN T. PATEL

Madhusudan T. Patel requests reconsideration of the prior
decision of the Merit System Board concerning his
ineligibility for the promotional examination for Manager 2,
Department of Transportation (Roadway Design), (PS4246T).

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

B-51 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of March 21,
2000, are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its
meeting of March 21, 2000.

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

B-52 ADAM BURKE

The appeal of Adam Burke, a Police Officer with the Township
of Weehawken, of his removal effective June 20, 1995 on
charges, was heard by Administrative Law Judge Ken R.
Springer (ALJ), who rendered his initial decision on
December 16, 1999. At its meeting on March 7, 2000, the
Board adopted the ALJ's recommendation to uphold the
removal. The proposed final decision is now submitted for
the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-53 KATICA D. MUSTAC AND DOMINICK M. SCALCIONE

Katica D. Mustac and Dominick M. Scalcione appeal the
determination of the division of Selection Services which
found that they did not meet the experience requirement for
the promotional examination for the title of Social Worker
(PC0480A), Bergen County Board of Social Services.

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

B-54 DEBRA OTTINO

Debra Ottino appeals the determination of the Division of
Selection Services which found that she did not meet the
experience requirements for the promotional examination for
the title of Social Worker (PC0480A), Bergen County Board of
Social Services.

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

B-55 EARLY SETTLEMENTS

Deborah Frick
Division of Parole and Community Programs
Department of Correction
20-day suspension

Arden Hunt
Woodbine Developmental Center
Department of Human Services
Removal

Alnicia Jessie
Woodbridge Developmental Center
Department of Human Services
45-day suspension

Terry Koveloski
Burlington County
6-day suspension

ACTION: The Merit System Board acknowledged the
settlements with the exception of Arden Hunt.

There being no further business before the Merit System Board,
the meeting was adjourned to convene on Tuesday April 18, 2000,
at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
JANICE MITCHELL MINTZ
CHAIRWOMAN
MERIT SYSTEM BOARD

 
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