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

A regular meeting of the Merit System Board was held on Tuesday, November 20, 2001, in Trenton, New Jersey.

PRESENT: Chairwoman Janice Mitchell Mintz, Merit System Board Members, Margaret E.L. Howard, and Leo Vartan; Elizabeth Laufer, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.

In accordance with L.1975, c.231, Chairwoman Janice Mitchell Mintz 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 30, 2000, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

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The following appeals were withdrawn and removed from the hearing calendar:

Steven Allen, Laborer, City of Newark, suspension.

Wayne Jones, Police Officer, Bloomfield Township Police Department, removal.

Nicole Mallory, Certified Hospital Attendant, Buttonwood Hospital, Township of Burlington, suspension.

Thomas O'Brien, Mechanic, North Bergen Municipal Utilities Authority, 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:

Roger Jones, County Correction Officer, Department of Corrections, County of Hudson, suspension.

Joseph Levine, Park Attendant, Department of Public Resources, County of Hudson, resignation not in good standing.

Marie Rose, Clerk Typist, County of Burlington, release at the end of the working test period.

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Daniel Cascio
Greystone Park Psychiatric Hospital
Department of Human Services
Removals (2)

In the Matter of Cecil Coleman
County of Monmouth
Department of Corrections
Suspension

In the Matter of Andrea Fajerman
County of Burlington
Buttonwood Hospital
Suspension

In the Matter of Donald Medler
Ancora Psychiatric Hospital
Department of Human Services
Removals (3)

In the Matter of Phillip Motty
Mountainview Youth Correctional Facility
Department of Corrections
Suspension

In the Matter of Joseph Nardone
Commission for the Blind and Visually Impaired
Department of Human Services
Suspension

In the Matter of Charles M. Street
Adult Diagnostic Treatment Center
Department of Human Services
Suspension

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

ACTION: The Merit System Board acknowledged the settlements.

A-2 TONI HILSIN (REMAND)
Toni Hilsin, Environmental Specialist, Department of Environmental Protection, layoff effective July 8, 1994.

Recommendation of the Administrative Law Judge - Reverse the layoff.

ACTION: The Merit System Board directed that this matter be held over due to a lack of quorum.

A-3 CHARLES KING
Charles King, Police Officer, City of Long Branch, Department of Public Safety, 33½-day suspension on the charge of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the 33½-day suspension.

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

A-4 ARNELL MASON
Arnell Mason, Police Officer, City of Newark, Police Department, 20-day suspension on charges of conduct unbecoming a public employee and violation of Police Department rules regarding conduct in public and private.

Recommendation of the Administrative Law Judge - Motion for involuntary dismissal be granted. (Reverse the 20-day suspension)

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

A-5 JOSEPH MCCORMICK

Joseph McCormick, Police Officer, Township of Lawrence, Department of Public Safety, 10-day suspension on charges of violation of various Police Department rules, inter alia, performance of duty, neglect of duty, obedience to laws and regulations, attention to duty.

Recommendation of the Administrative Law Judge - Modify the 10-day suspension to a written reprimand.

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

A-6 THOMAS MENARD (CONSOLIDATION)
Thomas Menard, County Correction Sergeant, County of Burlington, County Jail, 1) demotion to the position of County Correction Officer effective May 9, 2000, on the charge of neglect of duty and 2) six-day suspension on charges of conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - 1) Modify the demotion to a fine equal to the pay difference between a County Correction Sergeant and a County Correction Officer for a period of a six months, and 2) Modify the six-day suspension to a one-day suspension.

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

A-7 ALEX RODRIGUEZ
Alex Rodriguez, Police Officer, City of Newark, Police Department, 10-day suspension on charges of violations of Department rules regarding conduct unbecoming a public employee and criminal law.

Recommendation of the Administrative Law Judge - Uphold the 10-day suspension.

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

A-8 CORA ANDREWS
Cora Andrews, Human Services Assistant, Greystone Park Psychiatric Hospital, Department of Human Services, removal effective August 8, 1998, on charges of verbal abuse of an employee and patient, mental abuse of a patient and insubordination.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-9 MICHAEL GATEWOOD
Michael Gatewood, Laborer, City of Atlantic City, Department of Public Works removal effective September 29, 2000, on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty, misuse of public property, including motor vehicles, and a violation of the City's Policies and Procedures (negligence).

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-10 CASSANDRA GIBSON
Cassandra Gibson, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal effective June 1, 1999, on the charge of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Pursuant to an order of forfeiture, dismiss the appeal as moot.

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

A-11 SHONDA M. SMITH
Shonda M Smith, County Correction Officer, County of Burlington, County Jail, removal effective November 1, 2000, on charges of conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-12 JAMES CLYBURN AND JOHN SELLITO
James Clyburn and John Sellito, Police Officers, Township of Irvington, Police Department, removals effective December 17, 1996, on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, and neglect of duty. This matter was held over from the Merit System Board meeting of October 10, 2001.

Recommendation of the Administrative Law Judge - Reverse the removals.

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

A-13 NADIA KOZAN (CONSOLIDATION) - SETTLEMENT
Nadia Kozan, Income Maintenance Worker, Ocean County Board of Social Services, removal effective October 21, 1994, on charges of failure to perform duties, insubordination, conduct unbecoming a public employee and neglect of duty

Recommendation of the Administrative Law Judge - Adopt the Order of Consolidation and acknowledge the settlement.

ACTION: The Merit System Board adopted the order of consolidation and acknowledged the settlement.

A-14 RONALD BROOMALL
Ronald Broomall, Police Officer, City of Vineland, Department of Public Safety, release at the end of the working test period effective February 5, 1999. Settled to the reinstatement of appellant, a resignation in good standing effective January 4, 2000 and a lump sum payment of $21,500.

Recommendation of the Administrative Law Judge - Acknowledge the settlement.

ACTION: The Merit System Board acknowledged the settlement.

SECTION B -MISCELLANEOUS MATTERS
B-1 JIMMY FLORES
Jimmy Flores appeals the request by the New Jersey Department of Corrections to remove his name from the Correction Officer Recruit (S9999B) 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-2 ANTHONY GIBBS
Anthony Gibbs, an Institutional Trade Instructor 1 with Albert C. Wagner Youth Correctional Facility, Department of Corrections, represented by Christopher M. Supsie, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-3 THERESA GLENN
Theresa Glenn, a Head Nurse - 12 Months at Greystone Park Psychiatric Hospital, Department of Human Services, represented by Benjamin Spivack, Senior Staff Representative, CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.

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

B-4 VINCENZA PILLITERI
Vincenza Pilliteri, a Building Maintenance Worker at Rowan College, appeals the denial of sick leave injury (SLI) benefits.

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

B-5 MARY SOMORACKI
Mary Somoracki, a Program Support Specialist 1 with the Department of Health and Senior Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-6 CHARLES B. ANDERSON
Charles B. Anderson appeals the decision of Human Resource Information Services, which denied his appeal of the removal of his name from the special reemployment list for Carpenter Helper, County of Essex, for his failure to respond to the certification notice.

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

B-7 CHARLES S. PETERSON
Charles S. Peterson appeals the decision of Selection Services, which removed the appellant's name from the Police Officer (S9999A), Township of Mount Laurel eligible list, due to the appellant's failure to respond to the certification notice.

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

B-8 PAULA JESIOLOWSKI
Paula Jesiolowski, a Senior Data Entry Machine Operator with the Edna Mahan Correctional Facility for Women, 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 that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment, or Hostile Environments in the Workplace.

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

B-9 THOMASINA SHANKS
Thomasina Shanks, a Practical Nurse at Woodbridge Developmental Center, Department of Human Services, represented by Kenneth L. Johnathan, Jr., Esq., appeals the decision of the Assistant Commissioner for Human Resource denying her request for a reasonable accommodation.

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

B-10 CHIEF CLERK (M7652B), NEWARK SCHOOL DISTRICT
The appointing authority's failure to properly dispose of the certification for Chief 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, make an appointment from the certification, and pay compliance costs.

B-11 NORTH HUDSON REGIONAL FIRE AND RESCUE SERVICE
The Superior Court, Appellate Division, has remanded the clarification and enforcement decision In the Matter of North Hudson Regional Fire and Rescue Service, (PM4169V), (PM1082U), (PM2796S), and (PM4805R), for reconsideration and issuance of new decision.

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

B-12 EDUARDO AVILES
The City of Jersey City, represented by Alexander W. Booth, Jr., Corporation Counsel, and Eduardo Aviles, represented by Gregory A. Busch, Esq., seek acknowledgement of a settlement agreement restoring Aviles to the eligible list for Fire Fighter (M9065S), Jersey City.

ACTION: The Merit System Board acknowledged the settlement.

B-13 KENNETH LITTLE
Kenneth Little, a Senior Correction Officer at East Jersey State Prison, Department of Corrections, seeks enforcement of the Merit System Board decision rendered on February 8, 2000 granting him back pay.

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

B-14 DONALD CISROW
Donald Cisrow, a Residential Services Worker at Woodbine Developmental Center, Department of Human Services, requests that the Merit System Board reinstate his appeal of his removals, effective January 20, 2001, which were dismissed based on Cisrow's failure to appear at a scheduled settlement conference.

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

B-15 MICHAEL KIYAGA
Michael Kiyaga petitions the Merit System Board for reconsideration of its decision rendered March 13, 2001, upholding the removal of his name from the eligible lists for Insurance Examiner Trainee (S0346W), Auditor Account Trainee (S6174A), Administrative Analyst 2, Fiscal Management (S6167W), Program Development Specialist 2, Management and Finance (S6158W), and Accountant (C0907A), Camden County, due to his failure to respond to the various appointing authorities after Notifications of Certifications were mailed to him.

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

B-16 JOINT ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST
Administrative Law Judge (ALJ) Richard McGill issued an Order of Consolidation and Predominant Interest in the matter of Terrence Love v. Division of Youth and Family Service. In that order, the ALJ determined that the matters be consolidated and that the Division of Youth and Family Services (DYFS) had the predominant interest. Based on the ALJ's Order, the Merit System Board and DYFS developed a joint order adopting the ALJ's Order. The Joint Order is now submitted for the Board's review.

ACTION: The Merit System Board adopted the joint order.

B-17 VERONICA CASSIDY
The appeal of Veronica Cassidy, a School Bus Driver with the Brick Township School District, of her suspension, beginning January 24, 2000, and removal, effective February 4, 2000, on charges, was heard by Administrative Law Judge Bernard Goldberg (ALJ), who rendered his initial decision on September 13, 2001. The Merit System Board (Board), at its meeting on October 23, 2001, 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 directed that this matter be held over.

B-18 JAMIE APPLEGATE
Jamie Applegate 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 Investment Specialist (C6951B), Camden County.

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

B-19 MARY BANKS
Mary Banks appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the promotional examination for Principal Payroll Clerk (PC1773B), Cape May County.

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

B-20 JOLYN K. DAVIS
Jolyn K. Davis appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Secretarial Assistant 3 (Non-Stenographic) (PS4486K), Department of Human Services.

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

B-21 ANGELO ERAZO
Angelo Erazo appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the promotional examination for Supervisor Minimum Security Unit (PS2746I), Department of Corrections.

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

B-22 SADIE HAMER
Sadie Hamer appeals the determination of the Division of Selection Services, which found that she did not meet the educational requirement for the promotional examination for Senior Vocational Rehabilitation Counselor (PS2630K), Woodbine Developmental Center.

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

B-23 BRETT HAUSER
Brett Hauser appeals the determination of the Division of Selection Services, which found that he was ineligible for the promotional examination for Classification Officer 1 (PS3999I), South Woods State Prison because he was not permanent in a title to which the examination was open.

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

B-24 ANTHONY P. LOMBARDY
Anthony P. Lombardy appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, he did not meet the experience requirements for the promotional examination for Administrative Analyst 1 (PS2837T), Department of Transportation.

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

B-25 SUZANNE MENGES
Suzanne Menges appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the promotional examination for Analyst (Grant Applications) (PC2288A), Burlington County.

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

B-26 SUSAN MILLER
Susan Miller appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the promotional examination for Quality Assurance Technician (PS0460K), Ancora Psychiatric Hospital.

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

B-27 WANDER RICHARDSON
Wander Richardson appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the promotional examination for Supervisor of Legal Secretarial Services (PS2343P), Department of Law and Public Safety.

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

B-28 STACEY WARD
Stacey Ward 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 Supervisor of Professional/Residential Services, Developmental Disabilities (PS4048K), North Jersey Developmental Center.

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

B-29 HAROLD WEBB
Harold Webb appeals the determinations of the Division of Selection Services, which found that he was below the minimum requirements in experience for the promotional examination for Quality Assurance Technician (PS0460K), Ancora Psychiatric Hospital.

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

B-30 MICHAEL J. CAPACCIO
Michael J. Capaccio appeals his final average score and rank on the examination for Supervising Appeals Examiner (PS6856N), Department of Labor.

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

B-31 ALEXANDER ROBOTIN
Alexander Robotin appeals his score and the administration of the Safety Specialist 1, PS9813T, Department of Transportation promotional examination.

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

B-32 MARK A. MANOCCHIO
The Deputy Director, Division of Selection Services, on behalf of the Department of Treasury, requests that Mark A. Manocchio's out-of-title work experience be accepted to qualify him for a prospective promotional examination for the title of Program Technician.

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

B-33 VIJESH DARJI
Vijesh Darji appeals the determination of the Division of Selection Services, which found that he was not employed in the announced unit scope for the promotional examination for Supervising Research Analyst (Transportation).

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

B-34 GERALD FAZI
Gerald Fazi appeals the determination of the Division of Selection Services, which found that he was ineligible for the promotional examination for Truck Driver (PM0961C), Gloucester Township, because he was not permanent in a title to which the examination was open.

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

B-35 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of October 23, 2001 are submitted for adoption.

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

B-36 LEWIS DILEO, JR.
The Burlington County Sheriff's Office appeals the determination of the Director, Office of Intergovernmental Services, which denied its request for the transfer of Lewis Dileo, Jr. from the title of Sheriff's Officer, Burlington County Sheriff's Office, to the title of Police Officer, Township of Cinnaminson Police Department.

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

B-37 CAROL A. GARRITY
Carol A. Garrity appeals the determination of the Division of Selection Services which found that she failed to file a timely application for the promotional examination for Support Services Representative 1 (PS9818T), Department of Transportation.

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

B-38 GEORGE BLYSKUN
George Blyskun appeals his examination results and requests the opportunity to re-take the promotional examination for Supervising Geologist (PS9365G), Department of Environmental Protection.

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

B-39 PROPOSED MERIT SYSTEM BOARD MEETING DATES FOR 2002
The Merit System Board Meeting Dates for the year 2002 are submitted for the Board's approval.

ACTION: The Merit System Board adopted the meeting dates for the year 2002.

B-40 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of November 8, 2001 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of November 8, 2001.

B-41 EARLY SETTLEMENTS
Ronald Archie
Woodbine Developmental Center
Department of Human Services
Removal

Tennille Bell
Vineland Developmental Center
Department of Human Services
Release at the end of the working test period

Hortense Gordon
County of Morris
Department of Long Term Care Services
Resignation not in good standing

Barbara Kozak
Township of Bloomfield
Health Welfare Department
30-day suspension and demotion

Juan Lebron
Vineland Developmental Center
Department of Human Services
Removal

James Lynn
Mountainview Youth Correctional Facility
Department of Corrections
10-day suspension

Thomas R. Maple
Township of Lawrence
Department of Public Safety
10-day suspension

Terrence Moore
City of Newark
Department of Neighborhood and Recreational Services
Removal

William Runion
New Jersey State Prison
Department of Corrections
Resignation not in good standing

Anthony Woods
Department of the Treasury
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, December 4, 2001, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

______________________________
JANICE MITCHELL MINTZ
COMMISSIONER
MERIT SYSTEM BOARD

 
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