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State of New Jersey, Civil Service Commission
Governor Chris Christie • Lt.Governor Kim Guadagno
 
 
Lewis A. Scheindlin, Acting Commissioner
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, May 9, 2000, in Trenton, New Jersey.

PRESENT: Acting Commissioner Lewis A. Scheindlin; Merit System
Board Members, Alan Dexter Bowman, Judith L. Shaw and Leo Vartan;
Andrea Grundfest, Deputy Attorney General; Henry Maurer,
Director, Division of Merit System Practices and Labor Relations.

In accordance with L.1975, c.231, Acting Commissioner Lewis A.
Scheindlin, 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.
State

The Merit System Board recorded the recommended changes in the
State Classification Plan, copies of which are attached hereto
and made a part hereof with the exception of SES Positions at the
Department of Community Affairs, which were held over.

DATE: March 28, 2000

TO: Janice Mitchell Mintz, Commissioner
Department of Personnel

Henry Maurer, Director
Merit System Practices and Labor Relations

FROM: Marjorie Schwartz, Director
Division of Human Resource Management

SUBJECT: Change in the State Classification Plan

The Department of Labor is requesting that the following job
functions be reallocated to the Senior Executive Service.

Your approval of the reallocation for the following position
numbers from the career service to the Senior Executive Service
is recommended. A review of the assigned job functions has been
conducted and the position meets the standard established for
inclusion in the Senior Executive Service.

Reallocation of Service

Effective Date: November 6, 1999

FROM: 048134, Chief of State Plan, Disability Benefits (M32-64986)

TO: 048134, Senior Executive Service (M98-90752)

FROM: 047985, Chief of Private Plan, Disability Benefits (M32-64997)

TO: 047985, Senior Executive Service (M98-90752)

Both positions are located in the Division of Temporary
Disability Insurance. The mission of the Division of Temporary
Disability Insurance is to receive, adjudicate
and pay claims for temporary disability insurance if appropriate.
The positions function as Assistant Director for their respective
areas of operation. Both positions
receive only general policy guidance from the Director,
Disability Insurance Services and have the freedom to prioritize
functions, allocate resources and establish goals and objectives.

Justification - Position Number 048134

The incumbent, functions as Assistant Director for State Plan
Operations, and prepares the State Plan Operations' budget of $16
million and monitors the distribution of these funds. The
incumbent oversees the allocation of resources and controls the
utilization of staff. Additionally, the incumbent must ensure
that appropriate steps are taken to protect against waste, fraud
and abuse.

The Assistant Director for State Plan directs an operation that
is responsible for the determinations of approximately 160,000
new claims per year and the annual distribution of over $310
million in disability benefits.

Justification - Position Number 047985

As Assistant Director for Private Plan Operations, the incumbent
of this position directs Private Plan operations in the Division
of Temporary Disability Insurance. Private plan insurance
involves the approval, modification, maintenance and termination
of private insurance plans for temporary disability benefits
which employees procure as an alternative to participating in the
State Plan. The Assistant Director Private Plan prepares the
Private Plan Operations budget of $7 million and monitors the
distribution of these funds.

The Assistant Director for Private Plan is responsible for the
oversight of the administration of 4,600 approved private plans
that cover over 600,000 workers. The position oversees and
directs the operations of the Private Plan Compliance section and
the Customer Service section that consists of 96 full-time
employees and 5 Intermittent Insurance Clerks. Additionally, the
position is responsible for the payment of $20 million annually
to 10,000 unemployed disabled workers and over 15,000 customer
service calls each week using a combination of agents and the
conversant system.

Both positions are currently filled. It is anticipated that the
incumbents will move into the Senior Executive Service along with
their positions.

DATE: April 10, 2000

TO: Janice Mitchell Mintz, Commissioner
Henry Maurer, Director, MSP&LR

FROM: Marjorie Schwartz, Director
Division of Human Resource Management

SUBJECT: SES Positions at the Department of Community Affairs

The Department of Community Affairs is requesting that the
following job function be reallocated to the Senior Executive
Service.

Your approval of the reallocation for the following position
number from the career service to the Senior Executive Service is
recommended. A review of the assigned job functions has been
conducted and the position meets the standards established for
inclusion in the Senior Executive Service.

Reallocation of Service

Effective Date: October 24, 1998
From: 042121, Confidential Secretary (X98-24511)
To: 042121, Senior Executive Service (M98-90752)

Justification

This position will have substantial managerial, policy
influencing and policy executing responsibilities.

This position is currently filled. It is anticipated that the
incumbent will move to the Senior Executive Service along with
the position.

DATE: April 18, 2000

TO: Janice Mitchell Mintz, Commissioner
Department of Personnel

FROM: Marjorie a. Schwartz, Director
Human Resource Management

SUBJECT: Change in the Compensation Plan

DEPARTMENT OF LAW AND PUBLIC SAFETY

We are requesting several changes to the title of Fingerprint
Operator Trainee, State Police, to bring it in line with the
requirements and verbiage of the primary level in this series.

The Fingerprint Operator, State Police title series was revised
in 1994. Revisions included changing the verbiage from
Fingerprint Operator to Fingerprint Technician and an upward
salary reevaluation. Further, the amount of experience required
for appointment to the primary level title was increased from six
months to one year. It appears the Trainee level was
inadvertently omitted from the 1994 Merit System Board decision.
At this time, the length of the trainee period must be increased
from six months to one year to correspond with the amount of
experience required for promotion to the primary level of this
series.

CHANGE IN TRAINEE PERIOD
Effective: 3/25/00

FROM:
Fingerprint Operator Trainee, State Police
A99-45010 C 6 Months

TO:
Fingerprint Technician Trainee, State Police
A99-45010 C One Year

WITHDRAWAL OF APPEALS

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


Francis Anderson, Senior Correction Officer, Department of
Corrections, East Jersey State Prison, removal.

Kimm Dunmore, County Correction Officer, County of Union,
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:

Bruce Alford, Laborer Heavy, City of Camden, suspension.

Mark Hawkins, Truck Driver, State Operated School District of the
City of Newark, removal.

Nora Smith, Supervising Program Analyst, City of Newark, removal.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of George Arakal
Morris County Board of Social Services, Morris County
Release at the End of the Working Test Period

In the Matter of Steven Belardo
State of New Jersey - Department of State
Release at the End of the Working Test Period

In the Matter of Eileen Conklin
Morris County Board of Social Services
Suspension

In the Matter of Stanley Dixon
Mountainview Youth and Correctional Facility - Department of
Corrections
Removal

In the Matter of Marc Foote
Union County
Removal

In the Matter of Bonnie Sue Krohn
County of Ocean, Transportation and Vehicle Services
Suspension

In the Matter of Rosea Leslie
County of Essex
Suspension

In the Matter of Cheryl Mosley
County of Morris
Removal

In the Matter of Willie Reed
Jersey City School District
Removal

In the Matter of Anthony Sartor
City of Clifton
Removal

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

ACTION: The Merit System Board acknowledged the
settlements with the exception of Anthony Sartor,
which was held over.

A-2 KENNETH BROWN

Kenneth Brown, Senior Parole Officer, Division of Parole and
Community Programs, Department of Corrections, suspension for
15 days, on charges of serious mistake due to carelessness
which may result in danger and/or injury to persons or
property and loss or careless control of radios, mace or
handcuffs.

Recommendation of the Administrative Law Judge - Modify the
15-day suspension to a 4-day suspension.

ACTION: The Merit System Board modified the recommendation
of the Administrative Law Judge to uphold the 15-
day suspension.

A-3 TONYA L. BROWN

Tonya L. Brown, Correction Officer Recruit, South Woods
State Prison, Department of Corrections, release at the end
of the working test period effective January 7, 1999, due to
unsatisfactory services.

Recommendation of the Administrative Law Judge - Reverse the
release at the end of the working test period.

ACTION: The Merit System Board modified the recommendation
of the Administrative Law Judge and granted a 6-
month working test period.

A-4 ETHEL GILBERT

Ethel Gilbert, Supervisor Family Service Specialist II,
Division of Youth and Family Services, Department of Human
Services, released at the end of the working test period,
due to unsatisfactory services.

Recommendation of the Administrative Law Judge - Uphold the
release at the end of the working test period.

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

A-5 JOSEPH JURKIEWICZ, JR.

Joseph Jurkiewicz, Jr., Maintenance Repairer, Borough of
Sayreville, suspension for six months, on charges of
conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the
suspension.

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

A-6 JAMES J. MILLER, SR.

James J. Miller, Sr., Truck Driver/Stock Handler, County of
Atlantic, indefinite suspension, on charges of conduct
unbecoming a public employee and actions involving a criminal
matter.

Recommendation of the Administrative Law Judge - Dismiss the
appeal without prejudice.

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

A-7 THOMAS ROONEY

Thomas Rooney, Senior Correction Officer, East Jersey State
Prison, Department of Corrections, (1) suspension for ten days
and (2) removal effective October 9, 1998, on charges of (1)
violation of a rule, regulation, policy, procedure, order, or
administrative decision and (2) conduct unbecoming a public
employee.

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

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

A-8 JOHN SCATURRO

John Scaturro, Sheriff's Officer, Middlesex County Sheriff's
Department, suspension for 30 days effective July 12, 1999, on
charges of insubordination; Duty Responsibilities; Neglect of
Duty and Performance of Duty.

Recommendation of the Administrative Law Judge - Uphold the
suspension.

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

A-9 HENRY BROWN

Henry Brown, Operating Engineer 1, New Jersey City University,
removal effective December 14, 1998, on charges of conduct
unbecoming a state employee and neglect of duty.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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

A-10 BRUCE MCBREEN

Bruce McBreen, Lieutenant, Police Department, Township of
North Bergen, removal effective November 20, 1995, on charges
of inability to perform duties.

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-11 ROBERT SCANNICCHIO

Robert Scannicchio, Senior Correction Officer, Mountainview
Youth Correctional Facility, Department of Corrections,
removal effective June 19, 1998, on charges of Other
Sufficient Cause, violation of HR Bulletin 84-17 and Safety
and Security Precaution D; Improper or Unauthorized Contact
with inmate, undue familiarity with inmates, parolees, their
families or friends; and Intentional Abuse or Misuse of
Authority or Position.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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

A-12 REGINA DRIVER-GREEN - SETTLEMENT

Initial removal effective February 16, 1998, on charges of
conduct unbecoming an employee, improper or unauthorized
contact with an inmate and undue familiarity with inmates,
parolees, their families or friends and conduct unbecoming a
public employee. Settled to a resignation in good standing.
The Merit System Board at its meeting of April 18, 2000,
directed that this matter be held over for receipt of a
clarifying letter.

Recommendation of the Administrative Law Judge - Acknowledge
the settlement.

ACTION: The Merit System Board acknowledged the
settlement.

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

A-13 FRANCISCO MARTIN, JR. - SETTLEMENT

Initial resignation not in good standing effective October
31, 1997, on charges of chronic or excessive absenteeism or
lateness and inability to perform duties. Settled to a
modification of the resignation not in good standing to a 10-
day suspension, reinstatement to employment conditioned upon
the submission of full written medical and psychological
clearance to the Warden, and a lump sum payment in the
amount of $2,000. The Merit System Board at its meeting of
March 21, 2000, directed that this matter be held over for
receipt of a clarifying letter.

Recommendation of the Administrative Law Judge - Acknowledge
the settlement.

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

A-14 SERGE MITIAL - SETTLEMENT

Initial removal effective January 23, 1999, on charges of
inappropriate physical contact, mistreatment of a patient.
Settled to a resignation in good standing effective January
27, 1999. The Merit System Board at its meeting of April
18, 2000, directed that this matter be held over.

Recommendation of the Administrative Law Judge - Acknowledge
the settlement.

ACTION: The Merit System Board acknowledged the
settlement.

A-15 LAWRENCE COLEN - SETTLEMENT

Initial removal effective May 20, 1998, on charges of
incompetency or failure to perform duties, insubordination;
conduct unbecoming a public employee, neglect of duty and
endangering the welfare of patients. Settled to a
modification of the removal to a six month suspension for
the charges of inefficiency or failure to perform duties and
insubordination. Additionally, the appellant shall be
reinstated to his employment and shall receive a lump sum
back payment in the amount of $8,000 and shall be provided
with health insurance benefits retroactive to January 1,
1999. The Merit System Board at its meeting of February 8,
2000, directed that this matter be held over for receipt of
a letter clarifying the terms of the settlement.

Recommendation of the Administrative Law Judge - Acknowledge
the settlement.

ACTION: The Merit System Board acknowledged the
settlement.

A-16 SHARON GREEN - SETTLEMENT

Initial resignation not in good standing effective August 8,
1997, on charges of an employee who does not return to duty
for five or more consecutive business days following an
approved leave of absence shall be considered to have
abandoned his or her position and shall be recorded as a
resignation not in good standing. Settled to a 30 day
suspension and return to work after Merit System Board's
approval of settlement. The Merit System Board at its
meeting of April 4, 2000, directed that this matter be held
over.

Recommendation of the Administrative Law Judge - Acknowledge
the settlement.

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

A-17 STANFORD STUBBS - SETTLEMENT

Initial removal on charges of conduct unbecoming a pubic
employee. Settled to a resignation in good standing. The
Merit System Board at its meeting of April 4, 2000, directed

that this matter be held over.

Recommendation of the Administrative Law Judge - Acknowledge
the settlement.

ACTION: The Merit System Board acknowledged the
settlement.

SECTION B - MISCELLANEOUS MATTERS

B-1 BARRY C. DUFF

Barry C. Duff 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-2 MICHAEL LUPKOVICH

Michael Lupkovich appeals his rejection as a Sheriff's
Officer candidate by the County of Hudson and its request to
remove his name from the subject 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 granted.

B-3 RICHARD A. ELLIS

Richard A. Ellis, represented by Deborah Mains, Esq.,
appeals his rejection as a police Officer candidate by the
City of Camden and its request to remove his name from the
eligible list for Police Officer on the basis of medical
unfitness to perform effectively the duties of the position.

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

B-4 SEAN G. MILLER

Sean G. Miller appeals his rejection as a Police Officer
candidate by the city of Camden and its request to remove
his name from the eligible list for Police Officer on the
basis of medical unfitness to perform effectively the duties
of the position.

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

B-5 VARFEE A. SIRYON, JR.

Varfee A. Siryon, Jr., represented by Thomas M. Murphy,
Esq., appeals the request by the City of Newark to remove
his name from the Police Officer (S9999V) eligible list for
medical unfitness to effectively perform the duties of the
position.

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

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

B-6 MARY MONTGOMERY

Mary Montgomery, a Residential Living Specialist (Mental
Health) 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-7 MARIA NOMEJKO

Maria Nomejko, a Secretarial Assistant 3 (Non-Stenographic)
with the Division of Mental Health Services, 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-8 JESSIE ROJAS

Jessie Rojas, a Social Worker 2 with the Mid-State
Correctional Facility, Department of Corrections, appeals
the denial of sick leave injury (SLI) benefits.

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

B-9 TODD SILVERMAN

Todd Silverman, a Senior Correction Officer at East Jersey
State Prison, represented by John Cunningham, PBA Local 105,
appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board granted a hearing.

B-10 MARY SMITH

Mary Smith, a Communications Operator Trainee at Rowan
University, appeals the denial of sick leave injury (SLI)
benefits.

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

B-11 MICHAEL ARCELL

Michael Arcell, represented by Dennis Maycher, Esq., 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 Police Officer (M1883M), Harrison on the basis of
falsification of a preemployment application.

ACTION: The Merit System Board granted a hearing.

B-12 PIETER DEHAAN, JR.

Pieter DeHaan, Jr., represented by Daniel J. Zirrith, Esq.,
appeals the decision of Human Resource Information Services
which found that the appointing authority had presented a
sufficient basis to remove appellant's name from the Police
Officer (M3394X), City of Newark eligible list due to an
unsatisfactory driving record and his failure to satisfy the
City's residency requirement.

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

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

B-13 JASON HEARON

Jasson Hearon appeals the determination 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 Aquacultural Developmental
Specialist (S6184A), Department of Agriculture for failure
to satisfy the experience requirement.

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

B-14 TALAAT A. KEROLUS

Talaat A. Kerolus appeals the request of the Department of
Treasury appointing authority to remove his name from the
Auditor Accountant Trainee (S6174A) eligible list based on a
claimed inability to communicate effectively in English in
order to perform the duties of the position.

ACTION: The Merit System Board granted a hearing.

B-15 BRADLEY LEBLANC

Bradley LeBlanc, represented by Sidney H. Lehmann, Esq.,
appeals his bypass on the eligible list for Police Officer
(M3384X), Lawrence Township.

ACTION: The Merit System Board granted a hearing.

B-16 LEON LEVINE

Leon Levine 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 special reemployment list for Assistant
Disability Insurance Supervisor, Department of Labor, on the
basis of an unsatisfactory employment record.

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

B-17 EMAD MICHAEL

Emad Michael appeals the request of the Department of the
Treasury appointing authority to remove his name from the
Auditor Accountant Trainee (S6174A) eligible list based on a
claimed inability to communicate effectively in English in
order to perform the duties of the position.

ACTION: The Merit System Board granted a hearing.

B-18 KAREN MICHALSKI

Karen Michalski appeals the determination of Human Resource
Information Services which found that the appointing
authority had presented a sufficient basis to remove her
name from the eligible list for Aquacultural Development
Specialist (S6184A), Department of Agriculture for failure
to satisfy the experience requirement.

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

B-19 EMMANUEL OZURUMBA

Emmanuel Ozurumba appeals the request of the Division of
Youth and Family Services, Department of Human Services, to
remove his name from the eligible list for Family Service
Specialist 3 (S0066O) based on a claimed inability to
communicate effectively in English in order to perform the
duties of the position.

ACTION: The Merit System Board granted a hearing.

B-20 EMMANUEL OZURUMBA

Emmanuel Ozurumba appeals the request of the Department of
the Treasury appointing authority to remove his name from
the Investigator 3, Taxation (S1721T) eligible list based on
a claimed inability to communicate effectively in English in
order to perform the duties of the position.

ACTION: The Merit System Board granted a hearing.

B-21 ASSISTANT SUPERINTENDENT, WEIGHTS AND MEASURES (M6349O),
CITY OF BAYONNE


The appointing authority requests permission not to make an
appointment from the certification for Assistant
Superintendent, Weights and Measures (M6349O), City of
Bayonne.

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

B-22 BUDGET EXAMINER (M0676U), TOWNSHIP OF EWING

The appointing authority requests permission not to make an
appointment from the certification for Budget Examiner
(M0676U), Township of Ewing.

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

B-23 DOCKET CLERK (M0824U), CITY OF NEWARK

The appointing authority requests permission not to make an
appointment from the certification for Docket Clerk
(M0824U), City of Newark.

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

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

B-24 EXECUTIVE ASSISTANT (C62520O), UNION COUNTY

The appointing authority requests permission not to make an
appointment from the certification for Executive Assistant
(C6252O), Union County.

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

B-25 PROGRAM MONITOR (M6670A), CITY OF EAST ORANGE

The appointing authority's failure to properly dispose of
the certification for Program Monitor while a provisional
appointee is serving in the title has been referred to the
Merit System Board for enforcement.

ACTION: The Merit System Board ordered the appointing
authority to remove the provisional appointee and
make an appointment from the certification and pay
compliance costs.

B-26 UVALDO CHAVEZ

Uvaldo Chavez, a Clerk with Union City, represented by Louis
C. Rosen, Esq., claims that his retirement was the result of
duress.

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

B-27 JOHN COLE

John Cole, a Regional Administrator, Community Services,
Mental Retardation, Division of Developmental Disabilities,
Department of Human Services, represented by David B.
Beckett, Esq., petitions the Merit System Board for
reconsideration of the decision, rendered on February 23,
2000, which directed that the appeal be withdrawn and that
the case be removed from the hearing calendar and considered
closed.

ACTION: The Merit System Board granted the request and
ordered that the Merit System Board Action of
February 23, 2000, withdrawing the appeal be
rescinded.

B-28 ANTHONY DILLARD

The Juvenile Justice Commission and the Department of
Corrections, represented jointly by Deputy Attorney General
John Franzini, petition the Merit System Board (Board) for
reconsideration and a stay of the final administrative
decision, rendered February 1, 2000, which acknowledged a
settlement reached between the DOC and Anthony Dillard.
Dillard, represented by Kevin P. McCann, Esq., cross-
petitions the Board for enforcement of its February 1, 2000
decision acknowledging the settlement.

ACTION: The Merit System Board granted the request for
reconsideration and stay and remanded the matter
to the Office of Administrative Law.

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

B-29 PHILLIP MONTGOMERY

Phillip Montgomery, represented by Jesse J. Averhart,
Executive Vice President, CWA Local 1033, petitions the
Merit System Board to reconsider its final decision,
rendered February 1, 2000, which upheld his removal from his
position as a Senior Data Entry Machine Operator with the
Department of Treasury effective July 10, 1998, on charges.

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

B-30 AURORA REEVES

Aurora Reeves, a Customer Service Information Specialist
with the Department of Transportation, represented by Jesse
J. Averhart, Executive Vice President, CWA Local 1033,
petitions the Merit System Board for reconsideration of its
December 21, 1999 final administrative decision imposing a
116-day suspension.

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

B-31 WALTER WALKER

The Department of Corrections requests reconsideration of
the Merit System Board decision of October 13, 1999,
granting Walter Walker $65,384.09 in back pay.

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

B-32 NASHID BEN ABDUL WASI (REGINALD WILLIAMS)

Nashid Ben Abdul Wasi (Reginald Williams), a County
Correction Officer, Essex County Department of Public
Safety, represented by Anthony J. Fusco, Jr., Esq., requests
back pay based on the action of the Essex County Department
of Public Safety in improperly suspending him from his
position as a County Correction Officer from September 16,
1996 until May 5, 1997.

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

B-33 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 denied the request for a
stay but granted the request for back from
November 6, 1999 through November 16, 1999.

B-34 KEVIN WILSON

The Department of Corrections (DOC), represented by John P.
Nuttall, Deputy Attorney General, petitions the Merit System
Board for reconsideration and a stay of its final
administrative decision suspending Kevin Wilson, a Senior
Correction Officer with the DOC, for 120 days instead of
removing him from his position.

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

B-35 BART VALLARO

Bart Vallaro, a Police Officer with the City of Paterson,
represented by Gregory T. Keller, Esq., petitions the Merit
System Board for interim relief of his immediate suspension
from February 1, 2000 through February 21, 2000.

ACTION: The Merit system Board granted the request for
interim relief.

B-36 KYLE CAMPBELL

The Superior Court, Appellate Division, has remanded the
decision of the Merit System Board in, In the Matter of Kyle
Campbell (MSB, decided November 10, 1998), aff'd in part and
reversed and remanded in part, Docket No. A-5017-97T1 (App.
Div. Dec. 27, 1999), to determine the date on which his six-
month disciplinary suspension begins and from which date his
back pay and benefits begin to accrue.

ACTION: The Merit System Board clarified its prior
decision and ordered that the six-month suspension
began on April 30, 1996, that the period following
the suspension until September 20, 1997 be
recorded as an unpaid leave of absence and that
back pay, benefits and seniority be awarded from
September 21, 1997.

B-37 RONALD BURKHARDT

The appeal of Ronald Burkhardt, a Senior Correction Officer
at the East Jersey State Prison (EJSP), Department of
Corrections, of his 30-day suspension on charges, was heard
by Administrative Law Judge Thomas E. Clancy (ALJ), who
rendered his initial decision on January 27, 2000. At its
meeting on March 21, 2000, the Board did not adopt the ALJ's
recommendation to modify the penalty to a 10-day suspension.
Rather, the Board upheld the 30-day suspension. The
proposed final decision is now submitted for the Board's
review.

ACTION: The Merit System Board adopted the final decision.

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

B-38 KIM DAVIS

The appeal of Kim Davis, a Human Services Technician at the
Veterans' Memorial Home at Paramus, Department of Military
and Veterans' Affairs, of her removal effective November 6,
1998 on charges, was heard by Administrative Law Judge Maria
Mancini LaFiandra (ALJ), who rendered her initial decision
on December 22, 1999, upholding the removal. At its meeting
on March 21, 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: Lewis A. Scheindlin (Abstained)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

B-39 JEFFREY DESIMONE

The appeal of Jeffrey DeSimone, a Police Officer with the
Brick Township Police Department concerning his removal
effective October 22, 1998, on charges, was heard by
Administrative Law Judge Robert S. Miller (ALJ), who
rendered his initial decision on November 17, 1999. At its
meeting on March 21, 2000, the Board did not accept the
ALJ's recommendation to modify the removal to a six-month
suspension. Rather, the Board upheld the removal. The
proposed final decision is now submitted for the Board's
review.

ACTION: The Merit System Board adopted the final decision.

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

B-40 JOHN HUNT

The appeal of John Hunt, the Business Manager with Fire
District #1, Woodbridge Township, of his layoff effective
May 20, 1996 for reasons of economy and efficiency was heard
by Administrative Law Judge Joseph Lavery (ALJ), who
rendered his initial decision on December 10, 1999,
upholding the layoff. At its meeting on March 21, 2000, the
Board affirmed 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: Lewis A. Scheindlin (Abstained)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

B-41 MICHAEL THOMAS

The appeal of Michael Thomas, a Laborer with the Public
Works Department, City of Trenton, of his removal effective
August 28, 1997 on charges, was heard by Administrative Law
Judge John R. Tassini (ALJ), who rendered his initial
decision on January 20, 2000, reversing the removal and
granting back pay. At its meeting on March 21, 2000, the
Board affirmed 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: Lewis A. Scheindlin (Abstained)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

B-42 YVONNE BURGESS

The appeal of Yvonne Burgess, a Clinical Specialist,
Psychiatric Nursing, at the Vineland Children's Residential
Treatment Center, Division of Youth and Family Services,
Department of Human Services (DHS), of her removal effective
May 6, 1998 on charges, was heard by Administrative Law
Judge Edgar J. Holmes (ALJ), who rendered his initial
decision on December 9, 1999. At its meeting on April 4,
2000, the Board adopted the ALJ's recommendation to modify
the penalty to a six-month suspension. The proposed final
decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Lewis A. Scheindlin (Abstained)
Alan Dexter Bowman (No)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

B-43 RACHEL DANIELS

The appeal of Rachel Daniels, a Senior Corrections Officer
at New Jersey State Prison, Department of Corrections, of
her 10-day suspension on charges, was heard by
Administrative Law Judge Anthony T. Bruno (ALJ), who
rendered his initial decision on February 25, 2000,
reversing the suspension. At its meeting on April 4, 2000,
the Board affirmed 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: Lewis A. Scheindlin (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

B-44 JOSEPH LANIER

The appeal of Joseph Lanier, a Police Officer with the City
of Jersey City, regarding a 10-day, a 45-day and a 60-day
suspension on charges, was heard by Administrative Law Judge
Margaret M. Hayden (ALJ), who rendered her initial decision
on February 23, 2000, upholding the 45-day suspension and
modifying the 60-day suspension to a five-day suspension.
Further, the ALJ referenced a summary decision upholding the
10-day suspension. At its meeting on April 4, 2000, the
Board upheld the 10-day and 45-day suspensions, but reversed
the 60-day suspension. The proposed final decision is now
submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-45 FULVIO STANZIALE

The appeal of Fulvio Stanziale, a Sanitary Inspector with
the Monmouth County Board of Health, regarding his one-day
suspension on charges, was heard by Administrative Law Judge
(ALJ) Jeff S. Masin, who rendered his initial decision on
February 29, 2000, reversing the suspension. At its meeting
on April 4, 2000, the Board ordered that the matter be
remanded to the Office of Administrative Law. The proposed
final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Lewis A. Scheindlin (Abstained)
Alan Dexter Bowman (No)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

B-46 JOSEPH WOLINSKI

The appeal of Joseph Wolinski, a Hospital Attendant with the
Department of Health and Rehabilitation, County of Essex, of
his removal, effective March 31, 1998, was heard by
Administrative Law Judge R. Jackson Dwyer (ALJ), who
rendered his initial decision on December 6, 1999,
recommending that the appellant's removal be modified to
six, six-month suspensions to run concurrent with each
other. The Merit System Board (Board), at its meeting on
April 4, 2000, did not adopt the ALJ's recommendation.
Rather, the Board modified the removal to a six-month
suspension. The proposed final decision is now submitted
for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-47 RUTH A. ANDREWS

Ruth A. Andrews, a Teacher's Aide with the Newark School
District, of her removal effective September 8, 1998 on
charges, was heard by Administrative Law Judge Jeffrey A.
Gerson (ALJ), who rendered his initial decision on February
29, 2000, reversing the removal. At its meeting on April
18, 2000, the Board affirmed 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: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Abstained)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)

B-48 CLARENCE FREEMAN

The appeal of Clarence Freeman, a Juvenile Detention Officer
with the County of Burlington, of his removal effective
December 15, 1998 on charges, was heard by Administrative
Law Judge Joseph Lavery (ALJ), who rendered his initial
decision on March 16, 2000. At its meeting on April 18,
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.

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

B-49 ALBERT ORABONA

The appeal of Albert Orabona, a Senior Correction Officer at
Mid-State Correctional Facility, Department of Corrections,
of his indefinite suspension effective July 9, 1998 and
removal effective November 30, 1998 on charges, was heard by
Administrative Law Judge Anthony T. Bruno (ALJ), who
rendered his initial decision on October 4, 1999, upholding
the suspension and the removal. At its meeting on April 18,
2000, the Board adopted the ALJ's recommendations. The
proposed final decision is now submitted for the Board's
review.

ACTION: The Merit System Board adopted the final decision.

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

B-50 DEANNA A. WALKER

Deanna A. Walker, a Clerk Typist with the Newark School
District, of her resignation not in good standing effective
February 24, 1997, was heard by Administrative Law Judge
Edith Klinger (ALJ), who rendered her initial decision on
March 9, 2000. At its meeting on April 18, 2000, the Merit
System Board did not adopt the recommendation of the ALJ to
uphold the resignation not in good standing and removal.
Rather, the Board found that the appropriate outcome is a
resignation in good standing. The proposed final decision
is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-51 BARBARA A. BARRETT

Barbara A. Barrett appeals the determination of the Division
of Human Resource Management which found that she was
ineligible for the promotional examination for Senior Field
Representative Housing (Housing Assistance Program)
(PS7416D), Department of Community Affairs.

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

B-52 THELMA J. BRYANT-REESE

Thelma J. Bryant-Reese appeals the determination of the
Division of Selection Services, which found that she did not
meet the experience requirement for the promotional
examination for Chief Accountant (PM0358A), Camden City.

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

B-53 MICHAEL CAPABIANCO AND SHEILA STONE

Michael Capabianco and Sheila Stone appeal the decision of
the Division of Selection Services which found that they did
not meet the experience requirements for the open
competitive examination for Counselor Victim Witness Program
(C0811A), Union County.

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

B-54 JUAN FONTANES

Juan Fontanes appeals the determination of the Division of
Selection Services which found that he did not meet the
educational and experience requirements for the promotional
examination for Senior Instructor-Counselor, Re-Adjustment
Unit (PS7632K), New Lisbon Developmental Center.

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

B-55 DARRIN GOLDMAN

Darrin Goldman appeals the determination of the Division of
Selection Services which found that he did not meet the
experience requirements for the open competitive examination
for Health Data Specialist 3 (S6222A), Department of Health
and Senior Services.

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

B-56 DONNA C. GREENLEAF

Donna C. Greenleaf appeals the decision of the Division of
Selection Services which found that she did not meet the
education and/or experience requirements for the promotional
examination for Program Development Specialist 1
(Corrections) (PS4426I), Northern State Prison.

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

B-57 DEBORAH L. JANOWSKI AND IRFAN A. SIDDIQUI

Deborah L. Janowski and Irfan A. Siddiqui appeal the
determination of the Division of Selection Services, which
found that they did not meet the experience requirement for
the open competitive examination for Investigator 3,
Taxation (S0391A).

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

B-58 KIMBERLY JONES

Kimberly Jones appeals the decision of the Division of
Selection Services which found that she did not meet the
requirements for the promotional examination for Data
Control Clerk (PC0166W), Union County.

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

B-59 DIANE C. KIRWAN-PATTERSON

Diane C. Kirwan-Patterson appeals the decision of the
Division of Selection Services which found that she did not
meet the experience requirements for the promotional
examination for Assistant Program Analyst (PC0536W),
Gloucester County.

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

B-60 FERN MCRAE

Fern McRae appeals the determination of the Division of
Selection Services, which found that she did not meet the
experience requirements for the promotional examination for
Supervising Program Developmental Specialist (PS7302D),
Department of Community Affairs.

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

B-61 JOSEPH A. MELILLO

Joseph A. Melillo appeals the decision of the Division of
Selection Services which found that he did not meet the
experience requirements for the promotional examination for
Supervising Management and Operations Analyst (PS6270K),
Division of Family Development.

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

B-62 PAMELA MOSES AND JOANNE SAPIA

Pamela Moses and Joanne Sapia appeal the determination of
the Division of Selection Services which found that they did
not meet the minimum experience requirements for the
promotional examination for Program Researcher (Systems)
(PS7354K), Division of Family Development.

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

B-63 WILLIAM PETOLINO

William Petolino appeals the determination of the Division
of Selection Services which found that he did not meet the
experience requirements for the promotional examination for
Supervisor of Motors (PM0804A), City of Newark.

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

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

B-64 NANCY RAMOS


Nancy Ramos appeals the decision of the Division of
Selection Services which found that she did not meet the
education and/or experience requirements for the promotional
examination for Executive Assistant (PM0573W), Jersey City.

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

B-65 DOMENICO SACCA

Domenico Sacca appeals the determination of the Division of
Human Resource Management, which found that he was
ineligible for the promotional examination for Equipment
Operator (PM1183W), City of Elizabeth.

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

B-66 ANGELA SANTANDREA

Angela Santandrea appeals the determination of the Division
of Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Senior Payroll Clerk (PS7718I), Department of Corrections.

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

B-67 WAYNE VARGA

Wayne Varga appeals the determination of the Division of
Selection Services which found that he did not meet the
experience requirements for the open-competitive examination
for Field Representative, Wage and Hour Compliance (S0431A).

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

B-68 GLORIA J. WALKER

Gloria J. Walker appeals the decision of the Division of
Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Administrative Analyst 3 (PS8238R), Board of Public
Utilities.

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

B-69 YOLANDA WALKER

Yolanda Walker appeals the determination of the Division of
Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Legal Secretary 2 (PS6004P), Division of Law.

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

B-70 JENEEN ARTIS AND INA WILLIS

Jeneen Artis and Ina Willis appeal the decisions of the
Division of Selection Services which found that they failed
to achieve passing scores on the Technical Library Assistant
(PS4838J), William Paterson College promotional examination.

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

B-71 DEBORAH R. BARNES

Deborah R. Barnes appeals her score on the promotional
examination for Head Clerk (PS4278P), Division of Consumer
Affairs.

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

B-72 MANOLO F. CAPILI

Manolo F. Capili appeals the determination of the Division
of Selection Services regarding the scoring of his
questionnaire for the Project Manager, Transportation
(PS3550T) examination.

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

B-73 MICHAEL D. CRONIN

Michael D. Cronin appeals the determination of the Division
of Selection Services regarding the scoring of his
questionnaire for the Project Manager, Transportation
(PS3550T) examination.

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

B-74 PRAKASH P. GANDHI

Prakash P. Gandhi appeals the determination of the Division
of Selection Services regarding the scoring of his
questionnaire for the Project Manager, Transportation
(PS3550T) examination.

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

B-75 STEPHEN HAMMOND

Stephen Hammond appeals the determination of the Division of
Selection Services regarding the scoring of his
questionnaire for the Project Manager, Transportation
(PS3550T) examination.

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

B-76 LOUIS IZZI

Louis Izzi appeals his score for the examination for Police
Captain (PM1130W), East Orange.

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

B-77 GINA JIMENEZ

Gina Jimenez appeals her score on the examination for
Investigator Probation Bilingual in Spanish and English
(S0386A).

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

B-78 JOSEPH LAGULLO

Joseph Lagullo appeals the determination of the Division of
Selection Services regarding the scoring of his
questionnaire for the Project Manager, Transportation
(P3550T) examination.

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

B-79 LOUIS J. MARCHUK

Louis J. Marchuk appeals the determination of the Division
of Selection Services regarding the scoring of his
questionnaire for the Project Manager, Transportation
(PS3550T) examination.

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

B-80 GIRISH C. PATEL

Girish C. Patel appeals the determination of the Division of
Selection Services regarding the scoring of his
questionnaire for the Project Manager, Transportation
(PS3550T) examination.

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

B-81 INDRAVADAN M. PATEL

Indravadan M. Patel appeals the determination of the
Division of Selection Services regarding the scoring of his
questionnaire for the Project Manager, Transportation
(PS3550T) examination.

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

B-82 GEORGE E. PAYNE

George E. Payne appeals the determination of the Division of
Selection Services, concerning his score and ranking on the
promotional list for Supervisor, Road (PC0165A), Camden
County.

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

B-83 KANWAL N. SATIJA

Kanwal N. Satija appeals the determination of the Division
of Selection Services regarding the scoring of his
questionnaire for the Project Manager, Transportation
(PS3550T) examination.

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

B-84 JAMES WRIGHT

James Wright appeals his score for the examination for
Police Sergeant (PM0959W), Newark.

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

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

B-85 STEPHANIE BANDURSKI

Robert D. Dunlop, Lieutenant Colonel, Acting Deputy
Superintendent with the Division of State Police, requests
that the work performed by Stephanie Bandurski, while
serving in the titles of Technician, MIS, and Technical
Assistant, MIS, be accepted to satisfy the experience
requirement for the promotional examination for
Administrative Analyst 4, Data Processing (PS7516P),
Division of State Police.

ACTION: The Merit System Board granted the request.

B-86 SHERRI BESS

The Department of Human Services requests that the out-of-
title work performed by Sherri Bess, while serving in the
title of Director of Professional/Residential Services, be
accepted to satisfy the requirements for a qualifying
examination for Employee Relations Coordinator.

ACTION: The Merit System Board granted the request.

B-87 LEONA DINATALE

The Department of Transportation requests that the out-of-
title work performed by Leona DiNatale, while serving in the
title of Supervisor 4, Division of Motor Vehicles, be
accepted to satisfy the requirements for a qualifying
examination for Technician, Management Information Systems.

ACTION: The Merit System Board granted the request.

B-88 ELLEN DUFFICY

The Director, Division of Selection Services, on behalf of
the Department of Health and Senior Services, requests that
Ellen Dufficy's out-of-title work experience be accepted to
qualify her for a prospective promotional examination for
the title of Public Health Consultant 1 (Nursing).

ACTION: The Merit System Board granted the request.

B-89 HOLLY RITTENHOUSE

The Director, Division of Human Resource Management,
requests that Holly Rittenhouse's out-of-title work be
accepted to satisfy the experience requirement for the
promotional examination for Technical Support Specialist
(PS6766G), Department of Environmental Protection.

ACTION: The Merit System Board granted the request.

B-90 DOMINICK GALLONE

Dominick Gallone appeals the decision of the Division of
Human Resource Management which found that he lacked the
required amount of continuous permanent status as of the
closing date for Supervising Maintenance Repairer Electrical
(PM1085W), Passaic Valley Water Commission.

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

B-91 CLAUDE DESJARDINS

Claude Desjardins appeals the administration of the
promotional examination for Parks Maintenance Specialist 1
(PS4788G), Department of Environmental Protection.

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

B-92 KENNETH EVANS

Kenneth Evans appeals the administration of the open
competitive examination for Sanitation Inspector (M0749W),
Kearny.

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

B-93 JOHN SCOTT-BEY

John Scott-Bey appeals the administration of the promotional
examination for Police Sergeant (PM3561A), Newark.

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

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

B-94 DONALD SASSO, JR.

Donald Sasso, Jr. appeals his veterans' preference
determination and his rank on the list for the Law
Enforcement Candidate Record (LECR) examination for various
titles.

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

B-95 LEONARD A MASI

Leonard A. Masi appeals the determination of the Division of
Human Resource Management, which denied his request for
certification from the promotional list Supervising Medical
Review Analyst (SMRA) (PS2395K), Division of Medical
Assistance and Health Services, Department of Human
Services.

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

B-96 VICTOR A. RACIOPPI

Victor A. Racioppi appeals the determination of the Division
of Selection Services in connection with the order of his
listing on the Sheriff's Officer Sergeant certification
(Certification #PL990156).

ACTION: The Merit System Board acknowledged the
settlement.

B-97 SUSAN L. GRESAVAGE

Susan L. Gresavage appeals the examination review process
for the promotional examination for Supervising Engineer 2,
Surface Design (PS4270T), Department of Transportation.

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

B-98 LINDA M. NASUTI

Linda M. Nasuti appeals the lack of special accommodations
for her participation in the Auditor 2, Taxation (PS6169U),
Department of the Treasury promotional examination.

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

B-99 KATHLEEN A. NELSON

Kathleen A. Nelson appeals the content of the performance
examination for the Senior Data Entry Machine Operator
(PS7187N), Department of Labor promotional examination.

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

B-100 SHERRY THOMAS

Sherry Thomas appeals a subtest of questions on the
Secretarial Assistant 2 Non-Stenographic (PS5665K),
Department of Human Services promotional examination.

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

B-101 MANAGER, INSURANCE, TITLE SERIES

The Director, Division of Human Resource Management,
requests that the provisions of N.J.A.C. 4A:4-7.6(c), which
provides that a lateral title change may only be made if the
titles are assigned the same salary range, be relaxed in
order to consolidate eight titles into the newly created
titles of Manager 1, Insurance; Manager 2, Insurance; and
Manager 3, Insurance.

ACTION: The Merit System Board granted the request.

B-102 PROPOSED AMENDMENTS TO N.J.A.C. 4A:4-2.3 (MAXIMUM
HIRING AGE FOR POLICE OFFICERS)


It is recommended that the proposed amendments to N.J.A.C.
4A:4-2.3 (Maximum Hiring Age for Police Officers) be
approved for publication in the New Jersey Register for
public notice and comment.

ACTION: The Merit System Board approved the proposed
amendments for publication.

B-103 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of April 18,
2000, are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its
meeting of April 18, 2000.

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

B-104 ROBERT E. ERIKSON, ET AL.

Joseph Penkala, Raymond Porutski, represented by by David C.
Patterson, Esq., and Daniel Ferrigno request reconsideration
of the final administrative determination in In the Matter
of Robert E. Erikson, et al., Chief, Bureau of Development
and Maintenance (PS5051G), Department of Environmental
Protection.

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

B-105 ROBERT MIKTUS

A copy of a Notice of Appeal filed by Robert Miktus in
reference to IMO Gerard Corbo, et al., Police Sergeant
(Merit System Board, decided February 23, 2000) was received
on or about April 13, 2000. This decision will amplify,
pursuant to R. 2:5-1(b), the decision rendered in this
matter.

ACTION: The Merit System Board adopted the amplified
decision.

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

B-106 EARLY SETTLEMENTS

Pamela Austin
Hagedorn Gero-Psychiatric Hospital
Department of Human Services
Release at the end of the working test period

Patricia O'Neal
Greystone Park Psychiatric Hospital
Department of Human Services
10-day suspension

Frankie Page
Ann Klein Forensic Center
Department of Human Services
10-day suspension

Gary Pressley
Ancora Psychiatric Hospital
Department of Human Services
Removal

Kira Toland
Division of Youth and Family Services
Department of Human Services
10-day suspension

Shamika Washington
Ancora Psychiatric Hospital
Department of Human Services
15-day suspension

ACTION: The Merit System Board acknowledged the
settlements.

B-107 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of April 4,
2000, are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its
meeting of April 4, 2000.

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

There being no further business before the Merit System
Board, the meeting was adjourned to convene on Tuesday, May 23,
2000, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
LEWIS A. SCHEINDLIN
ACTING CHAIRMAN
MERIT SYSTEM BOARD

 
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