A regular meeting of the Merit System Board was held on Tuesday, June 20, 2000, in Trenton, New Jersey.
PRESENT: Acting Chairman Lewis A. Scheindlin, Merit System Board Members, Margaret E. L. Howard, Judith L. Shaw and Leo Vartan; June Forrest, Deputy Attorney General; Henry Maurer, Director, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, Acting Chairman 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.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Kenneth Clemon, Custodial Worker, State Operated School District of the City of Newark, removal.
Joseph Goska, Principal Lab Technician, Ramapo College of New Jersey, 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:
Debra Jackman, Cottage Training Technician, Department of Human Services, North Jersey Developmental Center, suspension.
Jacqueline Lyde, Clerk Typist, William Paterson College, removal.
William Vaughn, Laborer, City of Newark, removal.
Gralen Vereen, Juvenile Detention Officer, County of Passaic, suspension.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Carolyn Bass Division of Youth and Family Services Removal
In the Matter of Kerry Birnbaum Willingboro Public Library Removal
In the Matter of George Creekmur Township of Union, Public Works Removal
In the Matter of Warren DeVone County of Essex Return to Former Permanent Title
In the Matter of Salvatore Garrone - (Remand) County of Monmouth Suspension
In the Matter of Rhonda Gibson Burlington County Suspension
In the Matter of Paul Grosko Brick Township, Department of Administration, Finance and Public Affairs Removal
In the Matter of Ronald Heiser Fairview Borough Public Works Removal
In the Matter of Donald Krulewicz Division of Taxation - Department of the Treasury Demotion
In the Matter of Shakoor Mustafa City of Newark Suspension
In the Matter of Barbara Nunn New Jersey Department of Corrections Central Reception and Assignment Facility Suspensions
In the Matter of Wendy Pantle Cumberland County Board of Social Services Suspension
In the Matter of Irene Razzano Burlington County, Buttonwood Hospital Removal
In the Matter of Winfield Thomas City of Trenton Housing Authority Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements with the exception of Donald Krulewicz which was held over.
A-2 ALICE BOOTH, ET AL.
Appeal of Alice Booth, Cherl Hodges, Richard Grudzinski, Rosemary Witherspoon, Wanda Sawyer, Steven Labruna, Lorraine Brown, Marylou M. Gibney, Gail A. Smith, Dorothy McKinney, Mendo Stojanowski, Miryan Fomken, and Anthony R. Procopio, Passaic County Board of Social Services, layoffs and demotions for reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Uphold the layoff/demotion of Anthony R. Procopio.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-3 HENRY BUSSEY
Henry Bussey, Senior Correction Officer, Northern State Prison, Department of Corrections, suspension for six months, on charges of conduct unbecoming a public employee and physical or mental abuse of an inmate, patient, client, resident or employee, inappropriate physical contact or mistreatment of an inmate, patient, client, resident or employee, threatening, intimidating, harassing, coercing or interfering with fellow employees on State property.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-4 HARRY DAHLMAN
Harry Dahlman, Corrections Sergeant, Mountainview Youth Correctional Facility, Department of Corrections, suspension for ten days, on charges of violation of a rule, regulation, policy, procedure, order or administrative decision.
Recommendation of the Administrative Law Judge - Reverse the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-5 NORRIS R. HOIST
Norris R. Hoist, Housekeeping Supervisor I, New Jersey Veterans' Memorial Home, Menlo Park, Department of Military and Veterans' Affairs, suspension for ten days, on charges of threatening, intimidating, coercing, or interfering with fellow employees on State 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 JOHN MCKEOWN (REMAND)
John McKeown, Senior Correction Officer, East Jersey State Prison, Department of Corrections, denial of Sick Leave Injury Benefits.
Recommendation of the Administrative Law Judge - Grant Sick Leave Injury Benefits for the period December 22, 1994 to January 22, 1995.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-7 WAYNE MARK SMITH (REMAND)
Wayne Mark Smith, Police Sergeant, Millville Police Department, suspension for 15 days, on charges of violation of rules and regulations: abide by rules and regulations, conduct unbecoming and repeated violations.
Recommendation of the Administrative Law Judge - Deny motion for Summary Judgement and modify the 15-day suspension to a 10-day suspension.
ACTION: the Merit System Board denied the motion for Summary Judgement, but upheld the 15-day suspension.
A-8 NORA VILLANUEVA
Nora Villanueva, Penal Counselor, Hudson County, suspension for ten days, on charges of neglect of duty, insubordination, conduct unbecoming a public employee and lateness.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-9 HORACE WATSON
Horace Watson, Police Officer, City of East Orange Police Department, suspension for 45 days, on charges of two counts of insubordination and one count each of unbecoming conduct and other sufficient cause for discipline.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-10 JAMES HAROLD ANDREEN
James Harold Andreen, Senior Repairer, Arthur Brisbane Child Treatment Center, Department of Human Services, removal effective May 13, 1999, on charges of unwelcomed sexual advances, requests for sexual favors and/or other verbal or physical conduct, based on the gender of the employee, had been used for the purpose of or has had the affect of unreasonably interfering with the target employee's work performance or created an unreasonable intimidating, hostile, or offensive working environment, which includes inappropriate unwanted, offensive physical, or verbal sexual advances and comments and gross sexual imposition such as touching, fondling, grabbing, or assault.
Recommendation of the Administrative Law Judge - Modify the removal to a three-month suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-11 DEAN GRANGER
Dean Granger, Building Maintenance Worker, Buildings and Operations, County of Camden, removal effective March 24, 1999, on charges of conduct unbecoming a public employee and fraud.
Recommendation of the Administrative Law Judge - Dismiss the appeal and order award of attorney fees for respondent in the amount of $1,160.00.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge that the appeal be dismissed, but modified the amount of attorney fees to $508.
A-12 ESMERALDA RODRIGUEZ
Esmeralda Rodriguez, Human Services Assistant, Trenton Psychiatric Hospital, Department of Human Services, removal effective March 3, 1999, on charges of fighting and creating a disturbance on State property.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-13 SHELLY TOZER
Shelly Tozer, Technical Assistant/M.I.S., Cape May County, removal effective November 5, 1998, on charges of chronic or excessive absenteeism, conduct unbecoming a County employee and misuse of County equipment.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-14 GORDON BREEDING, JR. - SETTLEMENT
Initial suspension for six months and a demotion to Corrections Officer effective October 6, 1995, on charges of disregarding the rules and regulations of the Office of the Sheriff in the County of Morris pertaining to standards of conduct, performance of duty, obedience to laws and regulations, conduct toward superior and subordinate officers and associates, etc. Settled to a 40-day suspension and demotion to a Corrections Officer. The Merit System Board at its meeting of March 21, 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 as clarified.
SECTION B - MISCELLANEOUS MATTERS
B-1 PATRICIA FARRELL
Patricia Farrell appeals her rejection as a County Correction Officer by the County of Monmouth and its request to remove her 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-2 DAVID FIGUEROA
David Figueroa, represented by Alan Rosenberg, Esq., appeals his rejection as a Police Officer candidate by the City of Camden and its request to remove his name from the subject eligible list on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-3 IVELISSE GARCIA
Ivelisse Garcia appeals her rejection as a Police Officer by the City of Plainfield and its request to remove her name from the eligible list for Police 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-4 TAMBY GOTEH
Tamby Goteh, represented by Joseph T. Afflitto, Sr., Esq., appeals his rejection as a Police Officer candidate by the City of Paterson 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-5 JOHN SUSZKO
John Suszko appeals his rejection as a Sheriff's Officer by the County of Essex and its request to remove his name from the eligible list for Sheriff's Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-6 BRYAN L. JACKSON
Bryan L. Jackson appeals the request by the City of Camden to remove his name from the Police Officer (S9999W) eligible list for medical unfitness to effectively perform the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-7 ROSA AMODIO
Rosa Amodio, a Technical Program Assistant (Personnel) with the Department of Environmental Protection, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-8 TROY FERUS
Troy Ferus, a Senior Correction Officer at Bayside State Prison, Department of Corrections, represented by Frederick A. Jacob, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-9 MARY ANN GONZALES
Mary Ann Gonzales, a Technical Library Assistant with Rowan University, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-10 DEBORAH JENSEN
Deborah Jensen, a Cottage Training Supervisor at New Lisbon Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board referred the matter to the Medical Examiners Panel.
B-11 KATHLEEN KAPS-HOFFMAN
Kathleen Kaps-Hoffman, a Senior Police Officer (Health Care Facilities) with the Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-12 HENRIETTA MACHOS
Henrietta Machos, a Teaching Assistant (12 Months) at Woodbridge Developmental Center, Department of Human Services, represented by Sarah Evans, Staff Representative, CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-13 MONICA MILLER
Monica Miller, a Senior Correction Officer at Northern State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-14 VINCENZA PILLITTERI
Vincenza Pillitteri, a Building Maintenance Worker at Rowan University, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-15 DANTE PIPPA
Dante Pippa, a Repairer with the Department of Labor, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-16 HOSEA THOMAS
Hosea Thomas, a Senior Correction Officer at Riverfront State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-17 JOHN W. WARREN, JR.
John W. Warren, Jr., a Senior Correction Officer at New Jersey State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-18 RICHARD A. ADRIANZEN
Richard A. Adrianzen appeals the decision of Selection Services which found that the Department of Corrections had presented a sufficient basis to remove appellant's name from the Correction Officer Recruit (S9999W) eligible list on the basis that he falsified his preemployment application.
ACTION: The Merit System Board directed that this appeal be granted and revive the list to allow appellant to be conditionally appointed pending medical and psychological evaluation.
B-19 KENNY HOPES
Kenny Hopes 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 County Correction Officer (C0452S), County of Essex for failure to respond to a notice to appear for a scheduled interview.
ACTION: The Merit System Board directed that this appeal be denied.
B-20 JEFFREY D. TAYLOR
Jeffrey D. Taylor appeals the decision of Human Resource Information Services which found that the City of Newark had presented a sufficient basis to remove the appellant's name from the Police Officer (M3394Y) eligible list due to an unsatisfactory driving record.
ACTION: The Merit System Board directed that this appeal be denied.
B-21 RONALD RULE
Ronald Rule, a former Sanitation Worker with Brick Township, represented by William J. Ernst, President, Transport Workers of America Local 225, appeals the removal of his name from the special reemployment list for Sanitation Worker, Brick Township on the basis of an employment history which related adversely to the title.
ACTION: The Merit System Board directed that this appeal be denied.
B-22 MATTHEW BUERKLIN
Monroe Township, represented by Charles A. Fiore, Esq., appeals the decision of the Selection Services Unit which disapproved Matthew Buerklin's appointment as a Police Officer.
ACTION: The Merit System Board directed that the Police Officer eligible list (M1853M) be revived to allow appellant to be considered for appointment.
B-23 GREGORY RIGGS
Gregory Riggs, a Senior Correction Officer with the Garden State Reception and Youth Correctional Facility, Department of Corrections, represented by Michael E. Gogal, Esq., petitions the Merit System Board for interim relief with regard to his demotion from the title of Senior Investigator (Secured Facilities).
ACTION: The Merit System Board directed that this appeal be denied.
B-24 EDWARD O'NEIL
The Borough of Highlands, represented by Robert B. Thaler, Esq., petitions the Merit System Board for a stay of its decision in In the Matter of Edward O'Neil (MSB, decided January 11, 2000) pending its appeal to the Appellate Division of the Superior Court of New Jersey.
ACTION: The Merit System Board directed that this appeal be denied.
B-25 MICHAEL CLAUDY
Michael Claudy, a former Supervising Field Representative, Property Improvement, with Jersey City, represented by Dennis G. Harraka, Esq., petitions the Merit System Board for back pay and counsel fees regarding his indefinite suspension pending the outcome of criminal charges.
ACTION: The Merit System Board granted the request in part for back pay and denied the request for counsel fees.
B-26 ACCOUNTING PROCEDURES ANALYST (C6332O), UNION COUNTY
The appointing authority requests permission not to make an appointment from the certification for Accounting Procedures Analyst (C6332O), Union County.
ACTION: The Merit System Board granted the request but assessed costs.
B-27 IVE ROSE COLAS
Ive Rose Colas, a Cottage Training Technician, at Green Brook Regional Center, Department of Human Services, requests that the matter of her 15-day suspension and removal effective June 17, 1999, be transmitted back to the Office of Administrative Law (OAL) for further proceedings.
ACTION: The Merit System Board denied the request and dismissed the appeal without prejudice.
B-28 SEYMOUR THOMPSON
Seymour Thompson, a Senior Correction Officer with the Department of Corrections (DOC), appeals the determination of the Director of the Equal Employment Division with the DOC, stating that the appellant failed to present sufficient evidence to support a finding of probable cause that he had been discriminated against based on his race or in retaliation for filing prior complaints.
ACTION: The Merit System board directed that this appeal be denied.
B-29 ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST STEVEN ECKEL V. COUNTY OF MIDDLESEX
Administrative Law Judge (ALJ) M. Kathleen Duncan issued an Order of Consolidation and Predominant Interest in the above- captioned matter. In that order, the ALJ determined that the matters be consolidated and that the Public Employment Relations Commission (PERC) had the predominant interest. Based on the ALJ's Order, the Board and PERC developed a joint order adopting the ALJ's Order. This joint order is now before the Board for adoption.
ACTION: The Merit System Board adopted the joint order of consolidation and predominant interest.
B-30 ALFRED CARLO
The appeal of Alfred Carlo, Senior Maintenance Repairer, Township of Teaneck, of his removal effective September 7, 1996 on charges, was heard by Administrative Law Judge Margaret M. Hayden (ALJ), who rendered her initial decision on February 14, 2000. At its meeting on May 23, 2000, the Merit System Board did not adopt the ALJ's recommendation to modify the removal to a six-month suspension. Rather the Board concluded that a one-month suspension was warranted. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-31 MICHAEL GIANNETTA
The appeal of Michael Giannetta of the removal of his name from the Fire Fighter (M1501M), Bloomfield eligible list, was heard by Administrative Law Judge Margaret M. Monaco (ALJ), who rendered her initial decision on April 10, 2000. At its meeting on May 23, 2000, the Merit System Board adopted the ALJ's recommendation to uphold the removal from the list. The proposed decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-32 ETHEL GILBERT
The appeal of Ethel Gilbert, Supervising Family Service Specialist 2, Department of Human Services concerning her release at the end of her working test period, was heard by Administrative Law Judge Michael L. Ravin (ALJ), who rendered his initial decision on December 30, 1999. At its meeting on May 23, 2000, the Merit System Board adopted the ALJ's recommendation to uphold the release. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-33 EDGAR MEDINA
The appeal of Edgar Medina, a Police Officer with the City of Vineland, of his removal effective December 31, 1998 on charges, was the subject of a settlement conference conducted by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on February 3, 2000. At its meeting on May 23, 2000, the Merit System Board adopted the recommendation of the ALJ to acknowledge the Settlement reached by the parties. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-34 ANTHONY MONTGOMERY
The appeal of Anthony Montgomery, a Human Services Technician at the Hagedorn Gero-Psychiatric Hospital, Department of Human Services (DHS), of his removal effective March 25, 1999 on charges, was heard by Administrative Law Judge Steven C. Reback (ALJ), who rendered his initial decision on April 14, 2000, recommending that the removal be modified to a six-month suspension. At its meeting on May 23, 2000, the Board did not adopt the ALJ's recommendation and upheld the removal. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-35 ROBERT AMOROSI
Robert Amorosi appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Senior Interviewer (Veterans Services) (PS7361N), Department of Labor.
ACTION: The Merit System Board directed that this appeal be denied.
B-36 KEVIN ARAHILL
Kevin Arahill 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 Assistant Supervisor Public Works (PM0354A), Teaneck.
ACTION: The Merit System Board directed that this appeal be held over.
B-37 ANTHONY BATTLE AND RENEE MARSHALL
Anthony Battle and Renee Marshall appeal the determination of the Division of Selection Services which found that they did not meet the experience requirements for the open competitive examination for Supervisor of Telephone Systems (M6724A), Newark School District.
ACTION: The Merit System Board directed that this appeal be denied.
B-38 JEFTA BERNHARD
Jefta Bernhard appeals the determination of the Division of Selection Services which found that he did not meet the residency requirements for the open competitive examination for Juvenile Officer (M6869A), City of Trenton.
ACTION: The Merit System Board directed that this appeal be denied.
B-39 CHARLES S. CALLARI
Charles S. Callari 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 Director of Neighborhood Preservation Program (M6227O), Jersey City.
ACTION: The Merit System Board directed that this appeal be denied.
B-40 NANCY M. CAVERLY
Nancy M. Caverly appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Supervisor of Accounts (PM0494A), Rahway Public Library.
ACTION: The Merit System Board directed that this appeal be denied.
B-41 ROBERT CERMINARA
Robert Cerminara appeals the determination of the Division of Selection Services which found that he did not meet the educational requirements for the open competitive examination for Therapist, Music (S0434A).
ACTION: The Merit System Board directed that this appeal be denied.
B-42 SHARON CRESPO
Sharon E. Crespo appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Unemployment Insurance Clerk Bilingual in Spanish & English (PS6866N), Department of Labor.
ACTION: The Merit System Board directed that this appeal be denied.
B-43 WILFORD GRANT
Wilford Grant appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Administrative Analyst 1 (PS8480K), Department of Human Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-44 AL-KHALIQ M. HOLMES
Al-Khaliq M. Holmes appeals his ineligibility for the Fire Fighter (M9999A) open competitive examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-45 CHUKWUEMEKA IHEUKWUMERE
Chukwuemeka Iheukwumere appeals the determination of the Division of Selection Services which found that he did not meet the residency requirements for the open competitive examination for Supervising Administrative Analyst (M6768A), City of Newark.
ACTION: The Merit System Board directed that this appeal be denied.
B-46 CARL C. JACKSON
Carl C. Jackson appeals the determination of the Division of Selection Services, which found that he did not meet the education requirements for the promotional examination for Supervising Substance Abuse Counselor, (PS8528P), Juvenile Justice Commission.
ACTION: The Merit System Board directed that this appeal be granted.
B-47 IRVIN JAMES
Irvin James appeals his ineligibility for the Tax Representative Training (S6281A) open competitive examination, on the basis of not meeting the announced residency requirement.
ACTION: The Merit System Board directed that this appeal be denied.
B-48 JILL LAMBERT
Jill Lambert appeals her ineligibility for the Program Nutritionist (C6702A), Ocean County open competitive examination, on the basis of not meeting the announced residency requirement.
ACTION: The Merit System Board directed that this appeal be denied.
B-49 TAMIKA N. LEWIS
Tamika N. Lewis appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the open competitive examination for Social Worker Juvenile Rehabilitation (C0603W), Mercer County.
ACTION: The Merit System Board directed that this appeal be denied.
B-50 ROBERT F. MALONE, JR.
Robert F. Malone, Jr. appeals the determination of the Division of Human Resource Management, which fond that he was ineligible for the promotional examination for Supervising Administrative Analyst (PS5696T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-51 KENDELL MCCLINTON
Kendell McClinton appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the open competitive examination for Nursing Service Clerk (S0510B).
ACTION: The Merit System Board directed that this appeal be denied.
B-52 BONNIE MECANKO AND NEWTON H. RICHARDS
Bonnie Mecanko and Newton H. Richards appeal the determinations of the Division of Selection Services, which found that they did not meet the experience requirements for the promotional examination for Supervising Administrative Analyst (PS7780K0, Department of Human Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-53 CHERYL MITCHELL
Cheryl Mitchell appeals the determination of the Division of Selection Services which found that she did not meet the requirements for the Coordinator, Special Child Health Services (PC8111A), Sussex County, promotional examination.
ACTION: The Merit System Board directed that this appeal be granted.
B-54 DENISE A. NEVELS
Denise A. Nevels appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Principal Clerk Bookkeeper (PS5265I), Department of Corrections.
ACTION: The Merit System Board directed that this appeal be directed.
B-55 BETH A. O'BRIEN
Beth A. O'Brien appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements, per the education substitution clause, for the promotional examination for Management Assistant (PS7250I), New Jersey State Prison (Trenton).
ACTION: The Merit System Board directed that this appeal be granted.
B-56 MEREDITH H. RICHARDS
Meredith H. Richards 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 Youth Worker (PS8647P), Juvenile Justice Commission.
ACTION: The Merit System Board directed that this appeal be denied.
B-57 GEORGEANN RUSSO
Georgeann Russo appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Scheduler (PS7587J), William Paterson University.
ACTION: The Merit System Board directed that this appeal be denied.
B-58 DENNIS J. SANTILLO
John Cudworth, Personnel Officer, City of Clifton appeals, on behalf of Dennis J. Santillo, the determination of the Division of Selection Services which found that Mr. Santillo did not meet the experience requirements for the promotional examination for Technical Assistant 3 (PM0167A), City of Clifton.
ACTION: The Merit System Board directed that this appeal be granted.
B-59 EMILY W. TEMPLETON
Emily W. Templeton appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Supervisor of Enforcement (PS8419D), Department of Community Affairs.
ACTION: The Merit System Board directed that this appeal be denied.
B-60 MARCIE B. THURMAN
Marcie B. Thurman appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the open competitive examination for Technical Assistant, Office of the Construction Official (M0876A), Mount Laurel Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-61 IVAN WEBSTER
Ivan Webster appeals the determination of the Division of Selection Services which found that he did not meet the residency requirements for the open competitive examination for Administrative Analyst (M6766A), Jersey City.
ACTION: The Merit System Board directed that this appeal be denied.
B-62 GEORGE E. WELLS
George E. Wells 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 Circulation Assistant 2 (S0538B).
ACTION: The Merit System Board directed that this appeal be denied.
B-63 NANCY M. WENC
Nancy M. Wenc appeals the determination by the Division of Selection Services, which found that she did not meet the experience requirement for the promotional examination for Administrative Analyst 1 (Fiscal Management) (PS7909D), Department of Community Affairs.
ACTION: The Merit System Board directed that this appeal be denied.
B-64 ROBERT ANDERSON, ET AL.
Robert Anderson, Preston Beals, Andrew Jusino, Joseph Nardone, Damian Sabo, Timothy Sheils, and William Shelton appeal their performance scores for the Fire Fighter (M9999A) examination.
ACTION: The Merit System Board directed that these appeal be denied.
B-65 NICHOLAS AURIEMMA, ET AL.
Nicholas Auriemma, Elvis Collado, Robert Gioscio, Guido Guirado, Joseph Riotto, Todd Roth, Raymond Spellmeyer and John Suanno appeal their scores for the Law Enforcement Candidate Record (LECR) examination for various titles.
ACTION: The Merit System Board directed that these appeals be denied.
B-66 FERN CARNEY, ET AL.
Fern Carney, Willie Loman and Ronika Redd appeal the determination of the Division of Selection Services which found that they failed to achieve a passing score on the open competitive examination for Social Service Technician (C1085A), Camden County.
ACTION: The Merit System Board directed that these appeals be denied.
B-67 RONALD JOHNSON
Ronald Johnson, represented by Michael Miller, Esq., appeals his score on the examination for Police Sergeant (PM3213S), Camden City.
ACTION: The Merit System Board directed that this appeal be denied.
B-68 THOMAS GIRONDA
Thomas Gironda petitions the Merit System Board for reconsideration of the decision rendered on November 9, 1999 which denied his appeal regarding his score on the promotional examination for Fire Captain (PM3631V), Asbury Park City.
ACTION: The Merit System Board directed that this appeal be denied.
B-69 JEFFREY ADAMS, ET AL.
Jeffrey Adams, Cutis Bouier, Kevin Cooke, Joseph Doyle, David Metzler, Brian Reich, Douglas Vandalinda, Joel Wierbach and Michael Wohl appeal the administration of the physical performance portion of the Fire Fighter (M999A) examination.
ACTION: The Merit System Board directed that these appeal be denied.
B-70 STEVEN BOOKE
Steven Booke appeals the administration of the multiple- choice portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-71 LUIS CRUZ
Luis Cruz appeals the administration of the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-72 CALVIN EDMONDS
Calvin Edmonds appeals the administration of the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-73 JOHN TOMBURO
John Tomburo appeals the administration of the multiple- choice portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-74 HOWARD KRIVY
Howard Krivy appeals the lack of special accommodations for his participation in the Social Service Technician (C1085A), Camden County open competitive examination, as well as the determination of the Division of Selection Services which found that he failed to achieve a passing score.
ACTION: The Merit System Board directed that this appeal be denied.
B-75 BRIAN ADAMS
The Director, Division of Selection Services, requests that Brian Adams' out-of-title work experience be accepted to satisfy the experience requirement for a prospective promotional examination for Property Management Services Specialist 1 in the Department of the Treasury.
ACTION: The Merit System Board directed that this appeal be granted.
B-76 PHILIP BRUCCOLERI
The Director, Division of Selection Services, on behalf of the Department of Health and Senior Services, requests that Philip Bruccoleri's out-of-title work experience be accepted to qualify him for a prospective promotional examination for Administrative Analyst 2 (Data Processing).
ACTION: The Merit System Board directed that this appeal be granted.
B-77 ALAN R. COOPER
The Director, Division of Selection Services, on behalf of the Department of Transportation, requests that Alan R. Cooper's out-of-title work experience be accepted to admit him to the promotional examination for Purchasing Assistant (PS9286T).
ACTION: The Merit System Board directed that this appeal be granted.
B-78 LUIS ORTIZ, JR.
The Director, Division of Selection Services, on behalf of the Department of Health and Senior Services, requests that Luis Ortiz, Jr.'s out-of-title work experience be accepted to qualify him for a prospective promotional examination for Program Manager, Health and Senior Services.
ACTION: The Merit System Board directed that this appeal be granted.
B-79 TERRI L. SLACK
The Director, Division of Selection Services, on behalf of the Department of Environmental Protection, requests that Terri L. Slack's out-of-title work experience be accepted to qualify her for the promotional examination for Supervisor Standards and Procedures (PS7926G).
ACTION: The Merit System Board directed that this appeal be granted.
B-80 SCOTT ADAMS, ET AL.
Scott Adams, Farook Ahmed, Thomas Buckley, Centenna J. Caldwell, Sean Gorman, Joseph Michelsohn, Beatrice A. Nwachukwu, Paul C. Okafor, Elena Schell, Jeffrey M. Schwab, and Wayne E. Stefan appeal the promotional examination for Auditor 2, Taxation (PS6169U), Department of the Treasury.
ACTION: The Merit System Board directed that these appeals be denied.
B-81 NORTH HUDSON REGIONAL FIRE AND RESCUE SERVICE
The North Hudson Firefighters Association (NHFA), represented by Glen Michelin, President, and Bruce Ledger, Esq., and individual Firefighters, represented by Kevin M. Kiernan, Esq., request clarification and enforcement of the Board's order of February 1, 2000 to activate Fire Promotional Lists for North Hudson Regional Fire and Rescue Service (NHRFRS). Specifically, the lists included Fire Lieutenant (PM4169V) West New York, Battalion Fire Chief (PM1078U) North Bergen, Battalion Fire Chief (PM1082U) Weehawken, Fire Captain (PM1192T) Weehawken, Fire Captain (PM2796S) North Bergen, and Fire Lieutenant (PM4805R) Union City. Additionally, individual Firefighters, represented by Yale I. Lazris, Esq., seek reconsideration of the Board's original decision and seek rescission of the promotional appointments be made from activated lists. Firefighters represented by Messrs. Kiernan and Lazris also request a hearing in this matter.
ACTION: The Merit System Board directed that the original decision be clarified and the request for reconsideration be denied.
B-82 COREY KARAS AND JOSEPH NIGRO
The Town of Harrison, represented by Lawrence M. Fox, Esq., appeals the denial of transfer, under the Intergovernmental Transfer Pilot Program, of Corey Karas and Joseph Nigro from Sheriff's Officer, Hudson County Sheriff's Department to Police Officer, Town of Harrison Police Department.
ACTION: The Merit System Board directed that this matter be held over.
B-83 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of June 6, 2000 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of June 6, 2000.
B-84 ALAN JOHNSON
Alan Johnson, a Correction Sergeant at East Jersey State Prison, Department of Corrections, represented by Matthew Kyle, Treasurer, New Jersey Law Enforcement Supervisors Association, petitions the Merit System Board for interim relief with regard to his removal on charges.
ACTION: The Merit System Board directed that this appeal be denied.
B-85 DERRICK COOPER
Derrick Cooper, a Senior Correction Officer with Riverfront State Prison, Department of Corrections, represented by James F. Schwerin, Esq., requests interlocutory review of the May 12, 2000 Order issued by Administrative Law Judge Robert S. Miller pursuant to N.J.A.C. 1:1-14.10(a), which denied appellant's request for summary decision to dismiss the disciplinary charges filed against him.
ACTION: The Merit System Board granted the request for interlocutory review and clarified the Administrative Law Judge's order.
B-86 ROBERT COLLINS AND THOMAS CAHILL
The appeals of Robert Collins and Thomas Cahill, Police Officers with the Borough of Beach Haven, of their removals effective March 4, 1997 on charges, were heard by Administrative Law Judge Bruce R. Campbell (ALJ), who rendered his initial decision on July 22, 1999, recommending that the removals be upheld. At its meeting on May 23, 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.
B-87 SAMUEL J. GASPERO
The appeal of Samuel J. Gaspero, Building Maintenance Worker with the City of North Wildwood, of his removal effective July 8, 1999, was heard by Administrative Law Judge John R. Futey (ALJ), who rendered his initial decision on April 26, 2000. At its meeting on June 6, 2000, the Merit System Board did not accept the ALJ's recommendation to uphold the removal. Rather, the Board concluded 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.
B-88 KATHRYN KRAKOW
The appeal of Kathryn Krakow, an Institutional Coordinator, Foster Grandparent Program at Woodbine Developmental Center, Department of Human Services (DHS), regarding her release at the end of the working test period, effective April 10, 1999, was heard by Administrative Law Judge Lillard E. Law, who rendered his initial decision on April 5, 2000, granted DHS' motion for summary decision and dismissing the appellant's appeal as moot. At its meeting on June 6, 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.
B-89 TYRONE WALKE
The appeal of Tyrone Walke, a Human Services Assistant at Ancora Psychiatric Hospital, Department of Human Services, of his 10-day suspension and removal effective February 8, 1999 on charges, was heard by Administrative Law Judge Solomon A. Metzger, who rendered his initial decision on May 1, 2000, recommending that the removal be upheld. At its meeting on June 6, 2000, the Merit System Board upheld the 10-day suspension and the removal. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-90 REGINALD FREDETTE
Reginald Fredette, a Senior Correction Officer at the Adult Diagnostic and Treatment Center, Department of Corrections (DOC), appeals his removal, effective December 14, 1999.
ACTION: The Merit System Board acknowledged the rescission of the disciplinary action by the Department of Corrections and the appellant's reinstatement with mitigated back pay and benefits.
B-91 BLANCA OHLER
Blanca Ohler, Director, Community Development Programs with the City of Trenton (City), represented by Mark Rosenbaum, Esq., petitions the Merit System Board for a stay of her immediate suspension, effective May 3, 2000.
ACTION: The Merit System Board denied the request for a stay but granted back pay from June 17, 2000 until the actual date of the departmental hearing.
B-92 EARLY SETTLEMENTS
Beth Berrovoets Division of Youth and Family Services Department of Human Services Removal
Bakeer Muwwakkil Hunterdon Developmental Center Department of Human Services (3) Removals
Victor Onwuzuruike City of Newark Housing Authority Removal
Evette Spicer New Lisbon Developmental Center Department of Human Services Removal
Paul Vallejo Ancora Psychiatric Hospital Department of Human Services Removal
ACTION: The Merit System Board acknowledged the settlements.
There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, July 11, 2000, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
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LEWIS A. SCHEINDLIN ACTING COMMISSIONER MERIT SYSTEM BOARD
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