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State of New Jersey, Civil Service Commission
Governor Chris Christie • Lt.Governor Kim Guadagno
 
 

Lewis A. Scheindlin, Acting Chairman
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, July 11, 2000, in Trenton, New Jersey.

PRESENT: Acting Chairman Lewis A. Scheindlin, Merit System
Board Members, Alan Dexter Bowman, Margaret E. L. Howard, Judith
L. Shaw and Leo R. 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 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The following appeals were withdrawn and removed from the hearing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:

John Dupuis, County Correction Officer, County of Morris,
suspension.

Noe Mestre, Motor Vehicle Operator, County of Hudson, resignation
not in good standing.

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:

Carolyn Dominick, Intermittent Labor Services Worker, Department
of Labor, release at the end of the working test period.

Monique Fossie, Head Cook III, Department of Corrections, Garden
State Correctional Facility, resignation not in good standing.

Laura Hale, Cottage Training Technician, Department of Human
Services, Hunterdon Developmental Center, removal.

Trisha McGrath, Senior Clerk Typist, Department of Human
Services, Woodbine Developmental Center, removal and resignation
not in good standing.

James Meggett, Custodial Worker, School District of the City of
Jersey City, removal.

Rebecca Schafer, Human Services Assistant, Department of Human
Services, Vineland Developmental Center, release at the end of
the working test period.

James E. Wilson, Senior Correction Officer, Department of
Corrections, New Jersey State Prison, suspension.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Juanita Frazier
City of Newark School District
Suspension

In the Matter of Peter Sandy
County of Burlington, Juvenile Detention Center
Suspension

In the Matter of Daniel Ward
Department of Transportation
Indefinite Suspension

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

ACTION: The Merit System Board acknowledged the
settlements.

A-2 WILLIAM ATKINSON

William Atkinson, Police Officer, Borough of West Paterson,
suspension for 12 days, on charges of neglect of duty.

Recommendation of the Administrative Law Judge - Reverse the
suspension.

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

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

A-3 MICHAEL P. BERRY

Michael P. Berry, Maintenance Repairer, Atlantic City
Housing Authority, suspension for 10 days, on charges of
insubordination, neglect of duty and failure to perform on
call duty as directed for two months in a row.

Recommendation of the Administrative Law Judge - Uphold the
suspension.

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

A-4 WILLIAM CAPRA

William Capra, Lieutenant, City of Newark Police Department,
suspension for ten days, on charges of neglect of duty.

Recommendation of the Administrative Law Judge - Reverse the
suspension.

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

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

A-5 FERNANDO DEL VALLE

Fernando Del Valle, Senior Correction Officer, New Jersey
Training School for Boys, Department of Law and Public
Safety, (1) suspension for 60 days and (2) removal effective
September 8, 1998, on charges of conduct unbecoming a public
employee and insubordination.

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

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge to uphold the 60-
day suspension but modified the recommendation of
the Administrative Law Judge to uphold the
removal.

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

A motion was made and seconded that the open session be
recessed and that, pursuant to Section 12(b) of the Open
Public Meetings Act, the Merit System Board entered into
Executive Session for the purpose of legal advice on the
matter of A-6 George Johnson and A-9 John Gamba, Jr. The
Board subsequently reconvened the public meeting.

A-6 GEORGE JOHNSON

George Johnson, Police Officer, Police Department, Deptford
Township appeals his bypass for appointment from the Police
Sergeant (PM4746P), Township of Deptford eligible list.

Recommendation of the Administrative Law Judge - Uphold the
Township's bypass of the appellant for appointment.

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

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

A-7 LONNIE WHITFIELD

Lonnie Whitfield, Senior Correction Officer, Central
Reception and Assignment Facility, suspension for 15 days,
on charges of discrimination that affects equal employment
opportunity, including sexual harassment.

Recommendation of the Administrative Law Judge - Uphold the
suspension.

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

A-8 WALTER BETHUNE

Walter Bethune, Human Services Technician, Ancora
Psychiatric Hospital, Department of Human Services, removal
effective April 12, 1999, on charges of insubordination:
resisting authority.

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

ACTION: The Merit System Board modified the recommendation
of the Administrative Law Judge to uphold the
removal.

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

A motion was made and seconded that the open session be
recessed and that, pursuant to Section 12(b) of the Open
Public Meetings Act, the Merit System Board entered into
Executive Session for the purpose of legal advice on the
matter of A-9 John Gamba, Jr. The Board subsequently
reconvened the public meeting.

A-9 JOHN GAMBA, JR., (REMAND)

John Gamba, Jr., Fire Chief, City of Orange Fire Department,
removal effective December 4, 1990, on charges of failing to
seek and or obtain a leave of absence from his title in the
career service upon his appointment to an unclassified
position.

Recommendation of the Administrative Law Judge - Reinstate
appellant as Fire Chief effective July 1, 1996.

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

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

A-10 SONDI HILL

Sondi Hill, Senior Data Entry Machine Operator,
Administrative Office of the Courts, removal effective
October 5, 1998, on charges of chronic or excessive
absenteeism and lateness in excess of 15 minutes.

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

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

A-11 DONALD KRULEWICZ - SETTLEMENT

Initial demotion to the position of Investigator I, Taxation
effective January 30, 1999, on charges of incompetency,
inefficiency, or failure to perform duties, conduct
unbecoming a public employee and violation of the
department's policy on workplace violence; engaging in
behavior which created a hostile and menacing work
environment; intimidation of subordinate employee;
disruption of the workplace; impeding the effective delivery
of services. Settled to the respondent reinstating
appellant to the title of Supervising Investigator and
appellant agrees to accept a six-month suspension for record
purposes only. The Merit System Board at its meeting of
June 20, 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-12 JOHN ERIC COUCH

John Eric Couch, Senior Investigator, Office of the Public
Defender, removal effective July 1, 1999, on charges of
incompetency, inefficiency or failure to perform,
insubordination, inability to perform duties and chronic or
excessive absenteeism or lateness. The Merit System Board
at its meeting of June 6, 2000, directed that this matter be
held over.

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

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

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

SECTION B - MISCELLANEOUS MATTERS

B-1 JOHN BLAKE

John Blake appeals his rejection as a Police Officer
candidate by the City of Gloucester 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 JEFFREY J. BRACKEN

Jeffrey J. Bracken, represented by George G. Frino, Esq.,
appeals his rejection as a Police Officer candidate by the
City of Clifton 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 MICHAEL COSGROVE

Michael Cosgrove, represented by Edward C. Bertucio, Jr.,
Esq., appeals his rejection as a County Correction Officer
candidate by the County of Monmouth and its request to
remove his name from the subject eligible list on the basis
of psychological unfitness to perform effectively the duties
of the position.

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

B-4 JEFFREY DAVIS

Jeffrey Davis, represented by John W. Jones, Esq., appeals
his rejection as a Correction Officer Recruit candidate by
the Department of Corrections 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 MICHAEL HOWE

Michael Howe, represented by Bruce D. Leder, 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-6 DAVID JONES

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

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

B-7 BRENDAN JOY

Brendan Joy, represented by Otto J. Scerbo, Esq., appeals
his rejection as a Sheriff's Officer candidate by the County
of Hudson and its request to remove his name from the
subject eligible list on the basis of psychological
unfitness to perform effectively the duties of the position.

ACTION: The Merit System Board referred the matter for
independent evaluation.

B-8 SEAN LINK

Sean Link, represented by Frank E. Tournour, Esq., appeals
his rejection as a County Correction Officer by the County
of Middesex and its request to remove his name from the
eligible list for County Correction Officer on the basis of
psychological unfitness to perform effectively the duties of
the position.

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

B-9 ALAIN REYES

Alain Reyes appeals his rejection as a Police Officer
candidate by the City of Elizabeth and its request to remove
his name from the subject list on the basis of psychological
unfitness to perform the duties of the position.

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

B-10 KIYAM ROYSTER


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

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

B-11 JEFFREY SPENGLER

Jeffrey Spengler appeals his rejection as a Police Officer
candidate by the City of Bayonne 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-12 JOHNNY YOUNG

Johnny Young, represented by Philip Feintuch, Esq., appeals
his rejection as a County correction Officer by the County
of Hudson and its request to remove his name from the
eligible list for County Correction Officer on the basis of
psychological unfitness to perform effectively the duties of
the position.

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

B-13 RYAN T. MATTEK

Ryan T. Mattek appeals the request by the Department of
Corrections to remove his name from the Correction Officer
Recruit (S9999A) 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-14 BONNIE ASHBURN

Bonnie Ashburn, a Human Services Technician 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 denied.

B-15 DAVID BOKOR

David Bokor, a Nurse Practitioner at North Jersey
Developmental Center, Department of Human Services, appeals
the denial of sick leave injury (SLI) benefits.

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

B-16 MICHAEL J. BUCCINNA

Michael J. Buccinna, a former Behavior Modification Program
Technician at Woodbine Developmental Center, Department of
Human Services, represented by Howard J. Heald, Esq.,
appeals the denial of sick leave injury (SLI) benefits.

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

B-17 LINDA FLETCHER

Linda Fletcher, a former Compliance Officer 1, Code
Enforcement with the Department of Community Affairs,
appeals the denial of sick leave injury (SLI) benefits.

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

B-18 DOMINICK DIPOTO

Dominick DiPoto, Engineering Technician 1 with the
Department of Environmental Protection, appeals the denial
of sick leave injury (SLI) benefits.

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

B-19 JAMIE JACONETTA

Jamie Jaconetta, a Repairer with William Paterson
University, appeals the denial of sick leave injury (SLI)
benefits.

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

B-20 BRUCE W. SAPP

Bruce W. Sapp, a Correction Sergeant 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-21 RONALD TUCKER

Ronald Tucker, 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 denied.

B-22 GAYLE REED

Gayle Reed, a Human Services Technician at 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 denied.

B-23 KELLIE WHITE-DESHONG

Kellie White-DeShong, a Records Technician 2, Motor Vehicles
with the Department of Transportation, represented by
Victoria Carson, Staff Representative, CWA Local 1037,
appeals the denial of sick leave injury (SLI) benefits.

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

B-24 DIANE CROOM

Diane Croom, a Senior Correction Officer at the Mountainview
Youth Correctional Facility, 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 she had been discriminated
against based on her race or in retaliation for filing prior
discrimination complaints.

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

B-25 ALFREDA ROGERS

Alfreda Rogers a Program Coordinator, Mental Health with
Greystone Park Psychiatric Hospital, Department of Human
Services (DHS), appeals the determination of DHS which found
that no probable cause existed to support her allegation of
retaliation for filing a discrimination complaint.

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

B-26 SHARON MCLEAN-JAMES

Sharon McLean-James, a Senior Correction Officer at New
Jersey State Prison, Department of Corrections (DOC),
appeals the determination of the Director, Equal Employment
Division, with the DOC, stating that the appellant failed to
present sufficient evidence to support a finding of probable
cause that she had been sexually harassed or retaliated
against based on her disclosure of alleged improprieties.

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

B-27 HAROLD J. YOUNG

The Division of Youth and Family Services and Harold J.
Young request acknowledgement and approval of the terms of
the attached settlement agreement.

ACTION: The Merit System Board granted the request.

B-28 SANTIAGO ZAYAS

Santiago Zayas, an Inspector, Multiple Dwelling, with the
Department of Community Affairs, requests a hearing on his
30-day suspension on charges.

ACTION: The Merit System Board denied the request for a
hearing.

B-29 KURT ANDREWS

Kurt Andrews, represented by Michael Gogal, Esq., appeals
his resignation in good standing from his position with the
Department of Corrections.

ACTION: The Merit System Board granted a hearing.

B-30 ANTHONY CASTELLANO

Anthony Castellano, represented by Joseph J. Fusella, Esq.,
appeals the decision of Human Resource Information Services
which found that the City of Newark had presented a
sufficient basis to remove his name from the Police Officer
(M3394Y) eligible list on the basis that appellant possessed
unsatisfactory driving and criminal records.

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-31 WARDELL MAHONE

Wardell Mahone 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 Priority Hiring List for Police Officer
(M3382X), City of Jersey City, on the basis of falsification
of his employment application.

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

B-32 GERMAN NARANJO

German Naranjo 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 Correction Officer Recruit (S9999V) eligible
list on the basis of an unsatisfactory employment record.

ACTION: The Merit System Board granted a hearing.

B-33 MAHMOUD RABBOH

Mahmoud Rabboh, represented by Arlindo B. Araujo, Esq.,
appeals the decision of Selection Services which denied his
appeal of the bypass of his name on the Police Officer
(M4291M), City of Paterson eligible list as untimely.

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

B-34 MICHAEL WUNDERLICH

Michael Wunderlich appeals the decision of Human Resource
Information Systems which found that the appointing
authority had presented a sufficient basis to remove his
name from the County Police Officer (C1098T), Bergen County
eligible list on the bases that appellant falsified his
application and possessed adverse criminal and driving
records.

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

B-35 SCOTT DEGISI

The appointing authority for the Township of Berkeley
requests revival of the eligible list for Police Officer
(M0341M) to implement settlement of the appeal of Scott
DeGisi.

ACTION: The Merit System Board directed that the eligible
list for Police Officer (M0341M), Berkeley
Township be revived and acknowledged the
settlement.

B-36 SYLVIA L. COLE

Sylvia L. Cole petitions the Merit System Board for
reconsideration of the January 11, 2000 final administrative
decision upholding her removal from the Camden County
Sheriff's Office.

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

B-37 JUDITH MAYHEW

Judith Mayhew, a Librarian I with the Department of
Corrections, represented by Robert O. Yaeger, Principal
Staff Representative, CWA Local 1040, and the Department of
Corrections, represented by Sonia M. Frontera, DAG, petition
the Merit System Board (Board) for reconsideration of its
final administrative decision rendered on March 21, 2000, in
which the Board directed that the appellant's appeal be
withdrawn and the case be removed from the hearing calendar.

ACTION: The Merit System Board granted the request and
directed that the Board's action recording the
appeal as withdrawn be rescinded and the
settlement be acknowledged.

B-38 MIRIAM ROGERS-EVERETT

The Department of Corrections petitions the Merit System
Board for reconsideration of its final decision, rendered
September 10, 1998, which awarded sick leave injury (SLI)
benefits to Meriam Rogers-Everett, a Teacher 1 with the
Garden State Reception and Youth Correctional Facility.

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

B-39 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. This matter
was held over from the May 9, 2000 Board meeting for further
review.

ACTION: The Merit System Board granted the request for
reconsideration and ordered the appointing
authority to pay the appellant $20,276.49.

B-40 CLERK (SPECIAL REEMPLOYMENT LIST), CITY OF ORANGE

The appointing authority's failure to properly dispose of
the certification for Clerk 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,
make an appointment from the certification and pay
compliance costs.

B-41 TRUCK DRIVER (M9241A), NEWARK SCHOOL DISTRICT

The appointing authority's failure to properly dispose of
the certification for Truck Driver while provisional
appointees are 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 appointees,
make an appointment from the certification and pay
compliance costs.

B-42 COORDINATOR FEDERAL AND STATE AID (C0458O), ESSEX COUNTY

The appointing authority requests permission not to make an
appointment from the certification for Coordinator, Federal
and State Aid (C0458O), Essex County.

ACTION: The Merit System Board denied the request and
assessed $1,000 in compliance costs.

B-43 OFFICE SERVICES MANAGER (M0383O) & (M0907A), CITY OF NEWARK

The appointing authority requests permission not to make an
appointment from the certification for Office Services
Manager (M0383O) & (M0907A), City of Newark.

ACTION: The Merit System Board granted the request and
assessed no costs.

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

B-44 MICHAEL HAYES

Michael Hayes, a Senior Correction Officer with the
Department of Corrections, requests enforcement of that part
of the Merit System Board decisions rendered on September
10, 1998 and December 22, 1998, granting him back pay and
benefits.

ACTION: The Merit System Board directed that this appeal
be granted in part and ordered the appointing
authority to pay back pay in the amount of
$60,331.74.

B-45 BERNADETTE ROSADO

Bernadette Rosado, a principal Clerk Transcriber with the
Division of Developmental Disabilities, State Department of
Human Services, represented by Steven P. Weissman, Esq.,
requests enforcement of that part of the Merit System Board
decision rendered on July 21, 1998, granting her counsel
fees.

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

B-46 TONI STREET

Toni Street, a Cook at Vineland Developmental Center,
Department of Human Services, represented by Stephan Siegel,
Esq., requests enforcement of that part of the Merit System
Board decision rendered on October 22, 1996, granting her
back pay.

ACTION: The Merit System Board granted the request and
ordered the appointing authority to pay the
appellant $15,095.77 in back pay.

B-47 NORMAN GOLDSBERRY

The Superior Court, Appellate Division has remanded the
decision of the Merit System Board in In the Matter of
Norman Goldsberry (MSB, decided September 3, 1997), aff'd in
part and remanded in part, Docket No. A-1466-97T2 (App. Div.
December 8, 1999), for a determination as to whether
appellant is entitled to back pay. This matter was held
over from the May 23, 2000 Board meeting for further review.

ACTION: The Merit System Board denied the request for back
pay.

B-48 ROBERT SCOULER

The Superior Court, Appellate Division, has reversed the
final decision of the Merit System Board, In the Matter of
Robert Scouler, rendered January 26, 1999, and remanded the
matter for a hearing on the merits of Mr. Scouler's 30-day
disciplinary suspension.

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

B-49 NASHID BEN ABDUL WASI (REGINALD WILLIAMS)

Nashid Ben Abdul Wasi (Reginald Williams), a County
Correction Officer with the 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. This matter was held
over from the May 9, 2000 Board meeting for further review.

ACTION: The Merit System Board denied the request for
additional back pay.

B-50 DEAN GRANGER

The appeal of Dean Granger, a Building Maintenance Worker
with Camden County, of his removal effective March 24, 1999
on charges, was heard by Administrative Law Judge Joseph F.
Martone (ALJ), who rendered his initial decision on May 18,
2000, dismissing the appeal and awarding counsel fees to the
appointing authority. At is meeting on June 20, 2000, the
Board adopted the recommendation of the ALJ that the appeal
be dismissed but modified the award of counsel fees. The
proposed 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 (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

B-51 WAYNE MARK SMITH

The appeal of Wayne Mark Smith, a Police Sergeant with the
Millville, Police Department, of his 15-day suspension on
charges, was heard by Administrative Law Judge Jeff S. Masin
(ALJ) who rendered his initial decision on May 8, 2000. At
its meeting on June 20, 2000, the merit System Board did not
adopt the ALJ's recommendation to modify the penalty to a 10-
day suspension. Rather, the Board upheld the 15-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 (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

B-52 VALORIE EALY

Valorie Ealy, a former Principal Clerk Typist with the
Department of Law and Public Safety, represented by Jesse J.
Averhart, Executive Vice President, CWA Local 1033, requests
reconsideration of the Merit System Board's decision in In
the Matter of Valorie Ealy (MSB, decided March 7, 2000).

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

B-53 MICHAEL BOYETTE

The appeal of Michael Boyette, a County Correction Officer
with the Monmouth County Sheriff, of his 20-day suspension
on charges, was heard by Administrative Law Judge Anthony T.
Bruno (ALJ), who rendered his initial decision on April 19,
2000. At its meeting on June 6, 2000, the Merit System
Board did not accept the ALJ's recommendation to reverse the
suspension. Rather, the Board ordered that this 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-54 CORNELIUS ADAMS

Cornelius Adams appeals the determination of the Division of
Selection services which found that he did not meet the
education, experience and licensing requirements for the
open competitive examination for Regional Pharmaceutical
Consultant (S9002O).

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

B-55 ROBERT M. ALEXANDER

Robert M. Alexander appeals the determination of the
Division of Selection Services, which found that he did not
meet the experience requirements for the promotional
examination for Assistant Supervisor Public Works (PM0354A),
Teaneck.

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

B-56 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 promotional examination for
Assistant Supervisor Public Works (PM0354A) Teaneck. It is
noted that this matter was held over from the Board's June
20, 2000 meeting.

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

B-57 DENISE BELL

Denise Bell appeals the determination of the Division of
Selection Services which found that she did not meet the
education requirements for the open competitive examination
for Insurance Analyst Trainee (S0468A).

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

B-58 KEITH BLAKE

Keith Blake 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 Social Worker (C1198B), Morris County.

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

B-59 ANGELA BRAY

Angela Bray appeals the determination of the Division of
Selection Services, which found that she did not meet the
education and experience requirements for the promotional
examination for Instructional Materials Technician
(PS8123F), Department of Education.

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

B-60 PORTER B. CALDWELL

Porter B. Caldwell appeals the determination of the Division
of Selection Services which found that he did not meet the
experience requirements for the promotional examination for
Truck Driver (PM0321A), Mount Laurel Township.

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

B-61 STEVEN A. CHASE

Steven A. Chase appeals the determination of the Division of
Selection Services, which found that he did not meet the
experience requirements for the promotional examination for
Assistant Supervisor Public Works (PM0354A), Teaneck.

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

B-62 JOHN CHULSKY

John Chulsky 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 Sanitation Driver (M9106O), Long Branch.

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

B-63 COUNTY CORRECTION CAPTAIN (PC1003W), HUDSON COUNTY

Pedro Arroyo, Jose Monanez, Kelvin Roberts, and Richard
Roles, represented by Vincenza Leonelli-Spina, Esq., appeal
their ineligibility for the promotional examination for
County Correction Captain, (PC1003W) Hudson County.

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

B-64 DAISY CRUZ

Daisy Cruz 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 (PS7817Q), Office of the Public Defender.

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

B-65 SHIRLEY DOUGLAS AND CAROL RANDALL

Shirley Douglas and Carol Randall appeal the determination
of the Division of Selection Services which found that they
did not meet the education requirements for the open
competitive examination for Youth Group Worker (C0987A),
Bergen County.

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

B-66 MICHAEL FLORA

Michael Flora appeals the determination of the Division of
Selection Services which found that he did not meet the
experience requirements for the promotional examination for
Investigator 2 (PC0853A), Morris County Municipal Utilities
Authority.

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

B-67 DARYL FRANCIS

Daryl Francis 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 Senior Community Relations Specialist (M0413O) City of
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-68 STEVEN JOHNSON

Steven Johnson appeals the determination of the Division of
Selection Services, which found that he did not meet the
educational and experience requirements for the title of
Recreation Supervisor (M0909A), East Orange.

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

B-69 JOYCE C. KOVACS

Joyce C. Kovacs appeals the determination of the Division of
Human Resource Management, which found that she was
ineligible for the promotional examination for Senior
Records Retrieval Operator (PC0144A), Bergen County.

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

B-70 LINDA J. DUNN-LANDOLFI

Linda J. Dunn-Landolfi appeals the determination of the
Division of Selection Services, which found that she did not
meet the experience requirements for the promotional
examination for Assistant Director of Finance (PM0525A),
Newark.

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

B-71 RUSSELL MACKEL

Russell Mackel appeals the determination of the Division of
Selection Services which found that he did not meet the
experience requirements for the promotional examination for
Management Specialist (PM1876W), Willingboro Township.

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

B-72 MARISOL OCASIO

Marisol Ocasio appeals the determination of the Division of
Human Resource Management, which found that she was
ineligible for the promotional examination for Community
Organization Specialist (PM2308A), City of Camden.

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

B-73 GRETA M. ONTELL

Greta M. Ontell 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 Personnel Assistant 4, (S0529B).

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

B-74 HERODIA PAGAN

Herodia Pagan appeals the determination of the Division of
Selection Services, which found that she did not meet the
residency requirements for the open-competitive examination
for Social Worker Bilingual in Spanish and English (C04950),
Passaic County.

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

B-75 RICHARD T. PATRICIA

Denis Fishburn, Personnel Assistant, Senator Garrett W.
Hagedorn Center for Geriatrics, on behalf of Richard T.
Patricia, appeals the determination of the Division of
Selection Services which found that Mr. Patricia did not
meet the experience requirements for the examination for
Truck Driver Single Axle (PS8001K), Senator Garrett W.
Hagedorn Center for Geriatrics.

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

B-76 DELLIS PEARCE

Dellis Pearce 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 Senior Tree Climber (C6682A), Mercer County.

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

B-77 CARRIE REED

Carrie Reed appeals the decision of the Division of Human
Resource Management which found that she was not permanent
in a title to which the examination was open for Police
Lieutenant (PM2599A), 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-78 HARINDER P. SINGH

Harinder P. Singh appeals the determination of the Division
of Selection Services which found that he was ineligible for
the open competitive examination for Head Cook 1 (S6080O),
State of New Jersey.

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

B-79 JAMES TIGNER

James Tigner appeals the determination of the Division of
Selection Services which found that he did not meet the
experience requirement for the promotional examination for
Senior Traffic Maintenance Worker (PC0476A), Middlesex
County.

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

B-80 USHA YADAV

Usha Yadav appeals the determination of the Division of
Selection Services, which found that she did not meet the
educational requirements for the open competitive
examination for Microbiologist 5 (S0274O).

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

B-81 GLENN CAMUSO

Glenn Camuso appeals his score for the examination for
Police Captain (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-82 LAWRENCE E. DEPALMA, ET AL.

Lawrence E. DePalma, James T. Durkin, Edward P. Fichot,
Edwin W. Hanle, and Edward P. Paluski appeal their scores on
the Assistant Supervising Mechanic (PC0185A), Ocean County
examination.

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

B-83 ELBA GARNIER-DAIUTO

Elba Garnier-Daiuto, represented by Arnold Lakind, Esq.,
appeals the decision of the Division of Selection Services
denying her request for a make-up examination for Police
Sergeant (PM2528A), Jersey City.

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

B-84 MICHAEL MALONE

Michael Malone appeals the decision of the Division of
Selection Services which found that he did not present a
valid basis to take a make-up examination for Fire Fighter
(M9999A).

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

B-85 HATHA BARAKA, ET AL.

Hatha Baraka, Anthony Bonamo, Kenneth Killeen and Stephen
Mahler appeal the validity of the examination for Correction
Lieutenant (PS6320I), Department of Corrections.

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

B-86 WILLIAM DANNER

William Danner appeals the validity of the examination for
Police Lieutenant (PM2605A), Plainfield.

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

B-87 RICHARD SADLER

Richard Sadler appeals the validity and scoring of the
written examination for Correction Sergeant (PS7099I),
Department of Corrections.

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

B-88 MICHAEL AHART, ET AL.

Michael Ahart, Edwin Gomez, and Frank Passantino, Jr. appeal
the administration of the examination for Police Sergeant
(PC2565A), Long Branch City.

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

B-89 NICHOLAS ARDITO

Nicholas Ardito appeals the administration of the
examination for Police Sergeant (PM2547A), Union Township.

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

B-90 BRIAN DETARANTO

Brian Detaranto appeals the administration of the
examination for Police Sergeant (PM2539A), Parsippany-Troy
Hills.

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

B-91 CARMEN GAGLIANO

Carmen Gagliano appeals the administration of the
examination for Police Sergeant (PM2556A), Asbury Park City.

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

B-92 BARRY KAPLAN

Barry Kaplan appeals the administration of the examination
for County Police Sergeant (PM2624A), Union County.

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

B-93 ALAN KUHN AND JAMES MACKINTOSH


Alan Kuhn and James Mackintosh appeal the administration of
the examination for Police Sergeant (PM2529A), Kearny.

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

B-94 RONALD PACHUCKI, ET AL.

Ronald Pachucki, Patricia Radziewicz, Harold Tullock and
John Warlikowski appeal the administration of the
examination for Police Sergeant (PM2528A), Jersey City.

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

B-95 MICHAEL PETRYO AND GARY KOWALCZYK

Michael Petryo and Gary Kowalczyk appeal the administration
of the examination for County Police Sergeant (PC2624A),
Union County.

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

B-96 ROBERT WELLS, JR.

Robert Wells, Jr. appeals the administration of the
examination for Police Sergeant (PM2541A), Point Pleasant
Borough.

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

B-97 STANTON WILLIAMS

Stanton Williams appeals the administration of the
examination for Police Sergeant (PM2571A), Plainfield.

ACTION: The Merit System Board directed that this appeal

be denied.

B-98 JANICE CALDWELL AND KIMBERLY CALDWELL

The Director, Division of Selection Services requests that
out-of-title work performed by Janice Caldwell and Kimberly
Caldwell be accepted in order to admit them to the
promotional examination for Technical Assistant 2 Department
of State (PS9318S).

ACTION: The Merit System Board granted the request.

B-99 FRANCIS DASCOLI

The appeal of Francis Dascoli, represented by Robert R.
Cannan, Esq., concerning his removal effective October 30,
1998, was heard by Administrative Law Judge Margaret M.
Monaco (ALJ) who rendered her initial decision on May 30,
2000, acknowledging the settlement of the parties.

ACTION: The Merit System Board acknowledged the settlement
with the exception of paragraph 4.

B-100 RAYMOND J. CIANFRANI, JR., ET AL.

Raymond J. Cianfrani, Jr., Joseph F. Ezzi, Mathieu K. Miezan
and Ruben Perez 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 General Supervisor Public Works (PM0698A),
City of Camden.

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

B-101 MINUTES

The Merit System Board Minutes for the meeting of June 20,
2000 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its
meeting of June 20, 2000.

VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
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, July 25,
2000, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.


__________________________________
LEWIS A. SCHEINDLIN
ACTING COMMISSIONER
MERIT SYSTEM BOARD

 
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