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

A regular meeting of the Merit System Board was held on Tuesday, December 18, 2001, in Trenton, New Jersey.

PRESENT: Chairwoman Janice Mitchell Mintz, Merit System Board Members, Alan Dexter Bowman, Margaret E.L. Howard, Judith L. Shaw and Leo R. 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.

STATE
The Merit System Board recorded the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof.

DATE: December 4, 2001

TO: Janice Mitchell Mintz, Commissioner
Department of Personnel

Henry S. Maurer, Director
Merit System Practices and Labor Relations

FROM: Marjorie A. Schwartz, Director
Human Resources Management

SUBJECT: Change in the Classification Plan

DEPARTMENT OF HUMAN SERVICES
The Division of Youth and Family Services (DYFS) requests a number of changes to the Family Services Specialist title series to implement the 2002 Staffing Initiative Plan. These actions will comply with the terms of proposed Senate Bill #175, and a negotiated agreement between the Communication Workers of America (CWA) and the Department of Human Services. The proposed bill establishes a Review Panel to develop recommendations regarding staffing levels, recruitment, hiring and retention of staff in the Division of Youth and Family Services. $12,000,000 has been appropriated to implement the terms of this legislation, which includes the allocation of 124 additional positions for Fiscal Year 2002.

The Division is experiencing what is a national crisis in the child welfare field; a shortage of qualified people to perform these difficult tasks. The attraction and retention of staff is a continuing problem as incumbents leave for more lucrative positions. The continuous cycle of recruitment, hiring and training of staff is costly not only for the Department, but for the families and children served. Increasing social problems, heightened demands from state and federal child welfare regulations, increasing case loads and levels of responsibility have made a tremendous impact on child welfare services, particularly in the past ten years.

The changes are intended to consolidate and restructure the Family Service Specialist series to promote the recruitment and retention of staff. They are summarized as follows:

  • Reallocate the Family Service Specialist Trainee and bilingual variant from the Career to the Non-Competitive service and adjust salary to at least $35,000.
  • Eliminate the Family Service Specialist 3 title.
  • Consolidate the Family Service Specialist 1, 2 and 3 series and bilingual variants into two levels, Family Service Specialist 1 and 2; the 2 level will be designated as the entry level. This is to be accomplished using the no-pain, no-gain policy of consolidation.
  • Laterally appoint all existing Family Service Specialist 3's in DYFS to Family Service Specialist 2.
  • Laterally appoint all existing Family Service Specialist 2's in DYFS to Family Service Specialist 1.
  • Re-evaluate the Family Service Specialist 2 and bilingual variant from class code 21 to 22.
  • Re-evaluate the Family Service Specialist 1 and bilingual variant from class code 23 to 24.
  • Re-evaluate the Supervising Family Service Specialist 2 and bilingual variant from class code 23 to 26.
  • Re-evaluate the Supervising Family Service Specialist 1 from class code 25 to 28.

Incumbents having permanent status in their current title will retain their status at the time of this crosswalk.

Restructuring of the Family Service Specialist series is the beginning step in this process. The Division anticipates future changes impacting other staff to include the possible consolidation of the titles held by clerical staff and, the establishment of a bridge title for movement between para-professional and professional levels.

REALLOCATION OF SERVICE AND SALARY ADJUSTMENT
Effective: 06/30/01
FROM: TO:
Family Service Specialist Trainee Family Service Specialist Trainee
P95-62150 C NE P95-62150 NC NE
Family Service Specialist Trainee B/L Family Service Specialist Trainee B/L
P95-62150S C NE P95-62150S NC NE
RESTRUCTURING OF TITLE SERIES
Effective:
06/30/01
Family Service Specialist 3's will be cross-walked to Family Service Specialist 2.
FROM: TO:
Family Service Specialist 3 Family Service Specialist 2
P19-62151 C NE P21-62152 C NE
Family Service Specialist 3 B/L Family Service Specialist 2 B/L
P19-62151C C NE P21-62152C C NE
Family Service Specialist 2's will be cross-walked to Family Service Specialist 1.
Family Service Specialist 2 Family Service Specialist 1
P21-62152 C NE P23-62153 C NE
Family Service Specialist 2, B/L Family Service Specialist 1, B/L
P21-62152C C NE P23-62153C C NE
REEVALUATION OF TITLES
Effective:
06/30/01
FROM: TO:
Family Service Specialist 2 Family Service Specialist 2
P21-62152 C NE P22-62152 C NE
Family Service Specialist 2, B/L Family Service Specialist 2, B/L
P21-62152C C NE P22-62152C C NE
Family Service Specialist 1 Family Service Specialist 1
P23-62153 C NE P24-62153 C NE
Family Service Specialist 1 B/L Family Service Specialist 1 B/L
P23-62153C C NE P24-62153C C NE
FROM: TO:
Supervising Family Service Specialist 2 Supervising Family Service Specialist 2
R23-62141 C NL R26-62141 C NL
Supervising Family Service Specialist 2 B/L Sprvsng Family Service Specialist 2 B/L
R23-62141C C NL R26-62141C C NL
Supervising Family Service Specialist 1 Supervising Family Service Specialist 1
S25-62155 C NL S28-62155 C NL
ELIMINATION OF TITLE
Effective:
06/30/01
Family Service Specialist 3
P19-62151 C NE
Family Service Specialist 3 B/L
P19-62151C C NE

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.

Eric Blanding, Fire Fighter, City of Newark, removal.

Dawn Bruno, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal.

Arminta C. Chapman, Human Services Assistant, NJ Veterans' Memorial Home at Menlo Park, Department of Military and Veterans' Affairs, release at the end of the working test period.

James Fennimore, Incinerator Plant Operator, Camden County Municipal Utilities Authority, good faith layoff.

Alexandra Johnson, Housing Assistant Technician, Atlantic City Housing Authority, resignation not in good standing.

Edward McMillan, Electronics System Technician 1, Camden County Municipal Utilities Authority, good faith layoff.

Dennis A. Penny, Senior Correction Officer, Adult Diagnostic and Treatment Center, Department of Corrections, removal.

Amernauth Singh, Human Services Technician, NJ Veterans' Memorial Home at Paramus, Department of Military and Veterans' Affairs, suspension.

Denise Squire, Senior Correction Officer, Edna Mahan Correctional Facility, Department of Corrections, resignation not in good standing.

William Thomson, Sewage Plant Attendant, Camden County Municipal Utilities Authority, good faith layoff.

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Matthew Baribeault
Southern State Correctional Facility
Department of Corrections
Removal

In the Matter of Irving Carpenter
County of Burlington
Juvenile Detention Center
Suspension

In the Matter of Ingrid Gaynor
County of Hudson
Department of Corrections
Suspension and Fine

In the Matter of Dorothy Glenn
Edna Mahan Correctional Facility
Department of Corrections
Suspension

In the Matter of Derek Killen
East Jersey State Prison
Department of Corrections
Sick leave injury

In the Matter of Chad Mason
Department of Corrections
Removal

In the Matter of Ronald McPhail
County of Burlington
County Jail
Suspension

In the Matter of Shardawn McRae
County of Morris
Department of Long Term Care Services
Suspension

In the Matter of Matthew P. Rose
New Jersey Department of Environmental Protection
Release at the end of the working test period

In the Matter of Christian Vega
Mountainview Youth Correctional Facility
Suspension

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

ACTION: The Merit System Board acknowledged the settlements.

A-2 ANTHONY HAYNES
Anthony Haynes, Client Services Representative, Ancora Psychiatric Hospital, Department of Human Services, two ten-day suspensions on charges of 1) conduct unbecoming a public employee and 2) violation of the New Jersey State Policy Prohibiting Discrimination, Harassment and Hostile Work Environments in the Workplace.

Recommendation of the Administrative Law Judge - Dismiss the appeal for lack of jurisdiction.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge and referred the matter to the Commissioner of the Department of Personnel for processing under minor disciplinary appeal rules.

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-3 Toni Hilsin and A-13 Linda Sykes. The Board subsequently reconvened the public meeting.

A-3 TONI HILSIN (REMAND)

Toni Hilsin, Environmental Specialist, Department of Environmental Protection, layoff effective July 8, 1994. This matter was held over from the Merit System Board meeting of December 4, 2001.

Recommendation of the Administrative Law Judge - Reverse the layoff.

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

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

A-4 DONNA MEMMER
Donna Memmer, Senior Correction Officer, New Jersey State Prison, Department of Corrections, 30-day suspension on charges of neglect of duty, loafing, idleness, or willful failure to devote attention to tasks which could result in danger to persons or property.

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

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

A-5 ROBERT RIVERA

Robert Rivera, Correction Sergeant, Mid-State Correctional Facility, Department of Corrections, ten-day suspension on charges of discrimination that affects equal opportunity as defined in N.J.A.C. 4A:7-1-1, including sexual harassment, violation of Department rules regarding racial/sexual harassment, discrimination and/or retaliation, and conduct unbecoming a public employee.

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

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

A-6 BARRY RODENBOUGH
Barry Rodenbough, Correction Lieutenant, Mountainview Youth Correctional Facility, Department of Corrections, ten-day suspension on charges of conduct unbecoming a public employee, discrimination that affects equal employment opportunity, including sexual harassment, and other sufficient cause.

Recommendation of the Administrative Law Judge - Reverse the ten-day suspension.

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

A-7 ANDERSON WALKER
Anderson Walker, Police Officer, City of Newark, Police Department, 25-day suspension on charges of violating various Police Department rules and regulations regarding language, conduct in public and private, derogatory reference, public disparagement, and addressing the public.

Recommendation of the Administrative Law Judge - Uphold the 25-day suspension.

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

A-8 WILLIAM C. WHITE, SR.
William C. White, Sr., Senior Correction Officer, Garden State Reception and Youth Correctional Facility, Department of Corrections, 30-day suspension on charges of neglect of duty and violation of rules and regulations regarding sleeping while on duty.

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

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

A-9 DENNIS BLANDA
Dennis Blanda, License Inspector, City of Elizabeth, Department of Health and Human Services, removal effective September 27, 2000, on charges of conduct unbecoming a public employee, misuse of public property, neglect of duty 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-10 SPENCER SCOTT (CONSOLIDATION)
Spencer Scott, County Correction Officer, County of Gloucester, Sheriff's Department, 1) removal and 2) immediate and indefinite suspension on charges of violations of various Department rules regarding the standard and code of conduct for County Correction Officers.

Recommendation of the Administrative Law Judge - 1) Uphold the removal and 2) since the removal is appropriate, the appellant is not entitled to relief and the award of back pay for the period of the immediate and indefinite suspension.

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

A-11 TERESA FARIA - SETTLEMENT
Teresa Faria, Registered Nurse, County of Camden, Board of Managers, removal effective April 26, 2000, on charges of conduct unbecoming a public employee, patient abuse and violation of patients rights. Settled to a 90-day suspension, a resignation in good standing effective October 12, 2001 and a lump sum payment of $2,000.

Recommendation of the Administrative Law Judge - Acknowledge the settlement.

ACTION: The Merit System Board acknowledged the settlement as clarified.

A-12 CHARLES STEPHENSON
Charles Stephenson, Senior Correction Officer, Northern State Prison, Department of Corrections, removal effective April 27, 2000, on charges of neglect of duty and violation of internal rules regarding neglect of duty, loafing, idleness or willful failure to devote attention to tasks which could result in danger to persons or property. This matter was held over from the Merit System Board meeting of September 25, 2001.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

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

A-13 LINDA SYKES
Linda Sykes, a Family Service Specialist 3 with the Division of Youth and Family Services, Department of Human Services, was removed from her position, effective January 29, 1999, on charge of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a 30-day suspension.

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

SECTION B - MISCELLANEOUS MATTERS
B-1 ALEXANDER MACGREGOR
Alexander MacGregor 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 WILLIAM AILES-FLANAGAN
William Ailes-Flanagan, a Storekeeper 2 at Riverfront Prison, Department of Corrections, represented by Bruce Fralinger, Staff Representative, CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board granted a hearing.

B-3 JOAN DEMAIO
Joan DeMaio, a Principal Clerk Typist at the New Lisbon 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-4 SUSAN DOLINE
Susan Doline, a Senior Therapy Program Assistant at Ancora 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-5 VIRGINIA HESKE
Virginia Heske, a Head Nurse, 12 Months, 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-6 CHRISTEL JACKSON
Christel Jackson, a Social Worker 2 with Albert C. Wagner Youth Correctional Facility, Department of Corrections, represented by Donald L. Klein, Executive Vice President, CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.

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

B-7 RUTH WILLIAMS
Ruth Williams, a Cottage Training Technician at Vineland Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-8 TIMOTHY FLAKER
Timothy Flaker, an Assistant Housekeeping Supervisor 2, at William Paterson University, appeals the denial of sick leave injury (SLI) benefits.

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

B-9 ANNIE M. HARTNAGEL
Annie M. Hartnagel, a Head Vault Clerk with the Department of Environmental Protection, represented by Adam Liebtag, Staff Representative, CWA Local 1034, appeals the denial of sick leave injury (SLI) benefits.

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

B-10 JOHN HECKLER
The Department of Corrections requests reconsideration of the Merit System Board decision, In the Matter of John Heckler (MSB, decided August 28, 2001), which granted his request for sick leave injury (SLI) benefits in part.

ACTION: The Merit System Board granted the request for reconsideration, and
referred the matter to the Medical Examiners Panel.

B-11 JAMES FRAZILUS
James Frazilus appeals the request of the Department of the Treasury to remove his name from the Auditor Accountant Trainee (S6389B) eligible list based on a claimed inability to communicate effectively in English in order to perform the duties of the position.

ACTION: The Merit System Board granted a hearing.

B-12 MARGARET A. HUGHES
Margaret A. Hughes appeals the decision of Selection Services which found that the Department of Corrections had presented a sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9999A) eligible list due to falsification of her employment application and an unsatisfactory driving record.

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

B-13 MARTIN G. KAY
Martin G. Kay appeals the decision of Human Resource Information Services which upheld the removal of the appellant's name from the Investigator 1 (S0568B), Vicinage 4, Camden County, Judiciary eligible list due to the appellant's failure to appear for an interview.

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

B-14 WILLIE L. MARTIN, JR.
Willie L. Martin, Jr., appeals the removal of his name from the eligible list for Correction Officer Recruit (S9999A), Department of Corrections, on the basis that he falsified his employment application.

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

B-15 JAMES P. SYLVESTRI
The Department of Environmental Protection appeals the decision of Selection Services restoring James P. Sylvestri's name to the Ranger Trainee (S9999A), Department of Environmental Protection, eligible list.

ACTION: The Merit System Board directed that this appeal be granted
and James P. Sylvestri's name be removed from the Ranger Trainee
(S9999A), Department of Environmental Protection, eligible list.

B-16 ANDREW TWEEDLEY
Andrew Tweedley, represented by Michael D. Miller, Esq., appeals the decision of Selection Services, which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999A), Borough of Lindenwold, on the basis of an unsatisfactory background report.

ACTION: The Merit System Board directed that this appeal be granted, and the
appellant's name be restored to the Police Officer (S9999A), Borough of
Lindenwold, eligible list.

B-17 CARL WILCOX
Carl Wilcox appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Correction Officer Recruit (S9999A), Department of Corrections, on the basis of an unsatisfactory driving record.

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

B-18 THOMAS ANG
Thomas Ang, an Emergency Medical Technician (EMT) with Ocean City, represented by C. Peter Burro, Esq., petitions the Merit System Board for interim relief of his removal, effective September 20, 2001.

ACTION: The Merit System Board denied the request for interim relief.

B-19 CARLTON CARTER
Carlton Carter, a Correction Sergeant 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 that he had been subjected to violations 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-20 FRANK PAOLINI
Frank Paolini, a Teacher 2,12 Months 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 that he had been subjected to violations 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-21 RUDOLPH GLASS
Rudolph Glass, a Data Processing Analyst with the Office of Information Technology (OIT), appeals the decision of the Employee Relations Administrator denying his request for a reasonable accommodation.

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

B-22 JACQUELYN K. REED
Jacquelyn K. Reed, a former Practical Nurse with Trenton Psychiatric Hospital, Department of Human Services, appeals the decision of the Assistant Commissioner for Human Resources denying her request for a reasonable accommodation.

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

B-23 ROBERT JOHNSON
Robert Johnson, a Senior Correction Officer with East Jersey State Prison, Department of Corrections, represented by Mandy R. Steele, Esq., requests reconsideration of the final decision of the Merit System Board, rendered on February 8, 2000, which modified his removal to a six-month suspension.

ACTION: The Merit System Board granted the request for reconsideration, but
affirmed the prior decision.

B-24 NICOLE MEASE
Nicole Mease requests reconsideration of the final decision of the Merit System Board, rendered on April 24, 2001, which found a sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9999W) eligible list due to an unsatisfactory background report.

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

B-25 ROBERT R. FARRELL, SR.
Robert R. Farrell, Sr., a former Fire Fighter with the City of Asbury Park, requests enforcement of the decision of the Merit System Board (Board) in In the Matter of Robert R. Farrell, Sr., City of Asbury Park (MSB, decided December 19, 2000), in which the Board found that Asbury Park did not have a basis to immediately suspend Farrell.

ACTION: The Merit System Board directed the request for enforcement be
dismissed as moot.

B-26 DARRYL MARTIN
Darryl Martin, a County Correction Officer with the Monmouth County Sheriff's Office, represented by Edward C. Bertucio, Jr., Esq., seeks enforcement of the Merit System Board decision rendered on October 24, 2000, granting him back pay, benefits and seniority.

ACTION: The Merit System Board denied request for back pay, but granted
seniority, vacation, and sick time leave.

B-27 GLORIA E. EVANS
Gloria E. Evans, a Senior Management Assistant with the Department of the Treasury, appeals the appointing authority's extension of her working test period.

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

B-28 MARIO LALAMA
The Superior Court, Appellate Division, has reversed and remanded the August 10, 1999 Merit System Board decision, which vacated the removal imposed against Mario Lalama, a Paterson Fire Fighter, on the basis of a positive drug test for cocaine.

ACTION: The Merit System Board upheld the removal.

B-29 NICHOLAS MELFI
Nicholas Melfi, an Executive Assistant II, Southern State Correctional Facility, appeals a five-day suspension issued by the Department of Corrections.

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

B-30 DANIEL MILLER
Daniel Miller appeals the determinations of the Division of Selection Services which found that he failed to file timely applications for Truck Driver (PM0153C), Heavy Equipment Operator (PM0034C), and Park Maintenance Worker (PM0047C), Marlboro Township.

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

B-31 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 adopted the final decision.

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

B-32 CHRISTOPHER GIALANELLA
The appeal of Christopher Gialanella, a Police Officer with the City of Newark, concerning his release at the end of the working test period effective July 23, 1999, was heard by Administrative Law Judge Robert J. Giordano (ALJ), who rendered his initial decision on July 31, 2001, reversing the release and granting a new, shortened two-month working test period. At its meeting of October 23, 2001, the Board adopted the ALJ's recommendation. 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-33 JORGE PORRES
The appeal of Jorge Porres, Police Officer, City of Union City, of his removal effective January 14, 2000 on charges, was heard by Administrative Law Judge Robert J. Giordano (ALJ), who rendered his initial decision on July 6, 2001. At its meeting on October 23, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to reverse the removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-34 ANTHONY D. PREVITE
The appeal of Anthony D. Previte, a Police Officer with the City of New Brunswick, of two six-day suspensions on charges, was heard by Administrative Law Judge M. Kathleen Duncan (ALJ), who rendered her initial decision on September 13, 2001. At its meeting on October 23, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to uphold the appellant's two six-day suspensions. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-35 SILAS SMITH
The appeal of Silas Smith, a Police Officer with the City of Newark, concerning his release at the end of the working test period effective July 23, 1999, was heard by Administrative Law Judge Robert J. Giordano (ALJ), who rendered his initial decision on July 31, 2001, reversing the release and granting a new, shortened two-month working test period. At its meeting of October 23, 2001, the Board adopted the ALJ's recommendation. 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-36 ANTHONY VENANCIO
The appeal of Anthony Venancio, a Police Officer with the City of Newark, concerning his release at the end of the working test period effective July 23, 1999, was heard by Administrative Law Judge Robert J. Giordano (ALJ), who rendered his initial decision on July 31, 2001, reversing the release and granting a new, shortened two-month working test period. At its meeting of October 23, 2001, the Board adopted the ALJ's recommendation. 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-37 GEORGE POLLOCK
The appeal of George Pollock, General Supervisor Building Services, Atlantic County Department of Public Works, of his removal, effective September 21, 1999, on charges, was heard by Administrative Law Judge John R. Tassini (ALJ), who rendered his initial decision on October 2, 2001. At its meeting on November 8, 2001, the Merit System Board (Board) did not adopt the ALJ's recommendation to uphold the removal. Rather, the Board concluded that a 30-day suspension was warranted. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-38 JAMES CLYBURN AND JOHN SELLITO
The appeals of James Clyburn and John Sellito, both Police Officers with the Township of Irvington, of their removals, effective December 17, 1996, on charges, were before Administrative Law Judge Ken R. Springer (ALJ), who rendered his initial decision on September 10, 2001. At its meeting on November 20, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to reverse the removals. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-39 MICHAEL GATEWOOD
The appeal of Michael Gatewood, a Laborer, City of Atlantic City, Department of Public Works, of his removal, effective September 29, 2000, was heard by Administrative Law Judge Edgar R. Holmes (ALJ), who rendered his initial decision on October 18, 2001. At its meeting on November 20, 2001, the Merit System Board (Board) adopted the ALJ's recommendation that the removal be reversed. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-40 CHARLES KING
The appeal of Charles King, Police Officer, City of Long Branch, of his suspension of 33½ days beginning on June 7, 2000 on charges, was heard by Administrative Law Judge Steven C. Reback (ALJ), who rendered his initial decision on October 16, 2001. At its meeting on November 20, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to uphold the suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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


B-41 THOMAS MENARD
The appeals of Thomas Menard, a Burlington County Correction Sergeant, of his demotion to County Correction Officer, effective May 9, 2000, and his six-day suspension, beginning December 6, 2000, both on charges, were heard by Administrative Law Judge Bruce R. Campbell (ALJ), who rendered his initial decision on October 10, 2001. At is meeting on November 20, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to modify the permanent demotion to a six-month demotion and to modify the six-day suspension to a one-day suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-42 CAROLE AMIES
Carole Amies appeals the determination of the Division of Selection Services, which found that she was ineligible for the promotional examination for Legal Secretary 1 (PS3851Q), Office of the Public Defender, because she was not permanent in a title to which the examination was open.

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

B-43 NANCY ARRINGTON, ET AL.
Nancy Arrington, Susan Roerty and Joslyn White appeal the determination of the Division of Selection Services that found that they did not meet the educational and experience requirements for the promotional examination for Classification Officer 1 (PS3418I), Northern State Prison.

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

B-44 PEGGY A. AZYDZIK
Peggy A. Azydzik 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 Cashier (PC1944B), Union City.

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

B-45 JOAN BATOT ET AL.
Joan Batot, Lisa Bender, Yakita Daaliya, Brenda DeVito, Charlotte Diane Lopez, Marla Miller, Rosa Robinson, Dawn Scalzo and Lourdes Vicente 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 Investigator 1 (S0568B).

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

B-46 ANJANA BHIMANI
Anjana Bhimani appeals the determination of the Division of Selection Services which found that she did not meet the requirements for the open-competitive examination for Income Maintenance Technician (C1121B), Hudson County.

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

B-47 LISA BIRGE-PRICE
Lisa Birge-Price appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in education for the promotional examination for Director of Professional Residential Services (PS4365K), Department of Human Services.

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

B-48 MARGUERITE BREMNER
Marguerite Bremner 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 Supervising Research Analyst (DYFS) (PS7649K), Department of Human Services.

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

B-49 TRINA BROOKS, ET AL.
Trina Brooks, Thomas Cleveland, Wilfred Grotz, Charles Klingberg, Regina McParland and Gary Nucera appeal the determination of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Supervisor 2, Division of Motor Vehicles (PS9817T), Department of Transportation.

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

B-50 SHARRON BROWN
Sharron Brown appeals the determination of the Division of Selection Services which found her ineligible for the promotional examination for Director of Community Relations & Social Services (PM1313B), Plainfield.

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

B-51 BARBARA CARTER
Barbara Carter 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 Administrative Analyst 3 (PS9476K), Division of Youth and Family Services.

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

B-52 ELISABETH COLE
Elisabeth Cole 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 Administrative Analyst 3 (PS9476K), Division of Youth and Family Services.

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

B-53 ASHA DESAI
Asha Desai appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in education for the open-competitive examination for Claims Adjudicator Trainee, Disability Determinations (S6998C), Department of Labor.

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

B-54 ANN DZURKOC AND CAROLYN PHILHOWER
Ann Dzurkoc and Carolyn Pilhower appeal the determination of the Division of Selection Services which found that, per the substitution clause for education, they did not meet the minimum experience requirements for the promotional examination for Taxpayer Services Representative 3 (PS0371U), Department of the Treasury.

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

B-55 HERMAN E. ENGLISH
Herman E. English appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Data Base Analyst 2 (PS5863K), Division of Medical Assistance and Health Services, Department of Human Services.

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

B-56 FRANKLIN N. FOLGER
Franklin N. Folger appeals the determination of the Division of Selection Services, which found that he did not meet the education and the experience requirements for the open competitive examination for Principal Engineer (M6248B), Passaic Valley Water Commission.

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

B-57 LINDA GILMORE
Linda Gilmore appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in education for the promotional examination for Graphic Artist/Public Information Officer (PC6802B), Atlantic County.

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

B-58 KATHLEEN A. GRAY
Kathleen A. Gray appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements, per the substitution clause, for the promotional examination for Office Automation Specialist 2 (PS4904K), Division of Family Development.

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

B-59 RUTH ANNE GROSSE
Ruth Anne Grosse appeals the decision of the Division of Selection Services which found that she lacked experience on the Automated Typewriter for the promotional examination for Principal Operator Automated Typewriter (PS5328K), Division of Youth and Family Services, Department of Human Services.

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

B-60 JAMES HEIMBUCH
James Heimbuch 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 the dual title Public Works Inspector/Zoning Officer (M6951B), Township of Jefferson.

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

B-61 JOANNE HENSLEY, ET AL.
Joanne Hensley, Mary Krieger, Fran Miller, and Macelia Ridley appeal the determinations of the Division of Selection Services which found them ineligible for the promotional examination for Unemployment Insurance Clerk (PS6865N), Department of Labor.

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

B-62 JOYCE JANDOLA
The Manager, Shared Services II, requests that the provisions of N.J.A.C. 4A:3-1.2(d) which states "all appointees to noncompetitive titles shall meet the minimum requirements set forth in the job specification and satisfactorily complete a working test period," be relaxed in order to appoint Joyce Jandola to the title Education Program Development Specialist 1.

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

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

B-63 SABRINA KING
Sabrina King appeals her ineligibility for the open-competitive examination for Assistant Supervisor, Criminal Information Unit (M6998B), Atlantic City.

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

B-64 JOHN MALASKA
John Malaska 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 Supervising Research Analyst (Youth and Family Services) (PS4068K), Division of Youth and Family Services.

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

B-65 MARY MELFA
Mary Kriston, Borough Clerk, Borough of Rutherford, on behalf of Mary Melfa, appeals the decision of the Division of Selection Services which found that Ms. Melfa did not meet the requirements for the promotional examination for Purchasing Agent (PM0378B), Rutherford.

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

B-66 LAURA MITCHELL
Laura Mitchell appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Classification Officer 1 (PS0235I), South Woods State Prison.

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

B-67 LOUIS PARKER
Louis Parker appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examination for Field Services Supervisor 3 (Family Development) (S0589B).

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

B-68 FRANK T. POTOCKI
Frank T. Potocki appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the Safety Inspector, (PM2186A), City of Trenton, promotional examination.

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

B-69 JASON S. RIPPER
Jason S. Ripper appeals the determination of the Division of Selection Services which found that he did not meet the announced requirements for promotional examination for Institutional Trade Instructor 1, Warehousing (PS9666I), South Woods State Prison.

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

B-70 BERNICE C. SLUKER
Bernice C. Sluker 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 Stenographer (PC0371B), Ocean County.

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

B-71 ROBERT SPARKES
Robert Sparkes 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 Geographic Information Systems Specialist 2 (M6561W), Township of West Milford.

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

B-72 PATRICIA A. STEELE
The Director, Division of Selection Services, on behalf of the Department of Transportation, requests that Patricia A. Steele's out-of-title work experience be accepted to qualify her for a prospective promotional examination for the title of Administrative Assistant 2.

ACTION: The Merit System Board granted the request.

B-73 DEBORAH TUCKER
Deborah Tucker appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Supervising Cashier (PM0131C), Ocean City.

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

B-74 DEBBIE M. WILLIAMS
Debbie M. Williams appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she was below the minimum experience requirements for the promotional examination for Assistant Buyer (PS4440T), Department of Transportation.

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

B-75 SHARON WRIGHT
Sharon Wright appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Technician, Management Information Systems (PS2300K), Division of Youth and Family Services.

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

B-76 LINDA M. BRIGGS
Linda M. Briggs appeals the decision of the Division of Selection Services which found that she failed the performance test for the promotional examination for Senior Data Entry Machine Operator (PS6043J), Department of Treasury.

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

B-77 ERNESTINE FISHER, ET AL.
Ernestine Fisher, Ilienne Giddens and Lorraine Phillips appeal the decision of the Division of Selection Services which found that they failed the performance test for the promotional examination for Principal Data Entry Machine Operator (PS6193H), Department of Health and Senior Services.

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

B-78 YVETTE GRIMSLEY
Yvette Grimsley appeals the decision of the Division of Selection Services which found that she failed the performance test for the promotional examination for Principal Data Entry Machine Operator (PS6107I), Department of Corrections.

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

B-79 ERLINE R. MORRIS
Erline R. Morris appeals the decision of the Division of Selection Services which found that she failed the performance test for the promotional examination for Senior Data Entry Machine Operator (PS6043J), Montclair State College.

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

B-80 JAIME ABLETT, ET AL.
Jaime Ablett, Michael Borini, Terry Carfagno, Dennis Catalano, Christopher Cruse, Robert Dessicino, William Devenny, John Farinelli, Matthew Friedman-Maguire, Mark Gordon, Erik Johnson, Frank Ruocco, Matthew Ruzzo, Christopher Ryan, Michael Taylor, and Wayne Wright, all represented by Howard J. Heald, Esq., appeal their scores for the written teamwork portion of the examination for Fire Fighter (M9999A).

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

B-81 MICHAEL ABRAMS, ET AL.
Fire Fighter candidates (505) appeal their scores for the written teamwork portion of the examination for Fire Fighter (M9999A).

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

B-82 ALEJANDRO ALICEA-LOPEZ, ET AL.
Alejandro Alicea-Lopez, Thomas Altomare, Nicholas Auriemma, Reginald Bascomb, Anthony Biondi, Keinia Blakeley, William Blohm, Gregrory Borras, Kevin Bracken, Stephen Burke, William Carlo, Daniel Cruz, Joseph Delikat, Derek Drennan, Antonio Ferraz, Helder Fonseca, Bryan Fox, represented by James Swift, Esq., Charles Fander, Jr., John Grivalsky, Anthony Gorham, Lisa Johnson, William Johnson, II, John Kozak III, Charles Krutulis, Michael Mastroeni, Michael McGorty, Brett McLeod, represented by David Ben-Asher, Esq., Thomas Mullane, Scott Paladino, Joseph Pasculli, James Perenod, William Ricci, Kerry Rivera, Timothy Sheils, Scott Wilson and Angelo Zuena appeal their scores for one, two or all three portions of the examination for Fire Fighter (M9999A).

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

B-83 DANIEL ANTONELLI, ET AL.
Daniel Antonelli, Patrick Basil, April Belo, Edward Benenatio, Jr., Scott Bronco, Joseph Cavalier, Patrick Cerniglia, Derek Cohen, Raymond Cross, Franck Daniel, Dennis Dowhy, Davis Fiore, Michael Hallahan, Scott Henderson, Peter Hennen, Jeffrey Iannacone, Jason Jasovsky, Enot Medina, Jr., Michael Mitchell, Anthony Monguso, Justin Pelka, Karl Peterson, Steven Polumbo, Jason Puser, Brendan Rhodes, Christopher Riley, Daniel Sheridan, Chris Smith, Dennis Steinberger, Raymond Tanis, Joseph Taylor, Jr., Michael Wohl and Daniel Zuena, represented by Craig S. Gumpel, Esq., appeal their scores for the written portion of the examination for Fire Fighter (M9999A).

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

B-84 CHRISTOPHER C. BARTOLUCCI, ET AT.
Christopher C. Bartolucci, represented by George F. Hendricks, Esq., Brian Battel, represented by Michael D. Miller, Esq., Kevin E. Blake, represented by Michael D. Miller, Esq., Kevin E. Blake, represented by Aram J. Pehlivian, Esq., Robert J. Courtney, represented by John R. Schwartz, Esq., Jose H. Cunha, represented by Michael Golga, Esq., Michael F. D'Heron, represented by George G. Gussis, Esq., Steven Dill, represented by Michael Prigoff, Esq., Leonard A. Era, represented by Thomas J. Cammarata, Esq., Keith M. Getz, represented by Clifford N. Kuhn, Jr., Esq., James J. Hatcher, represented by George G. Gussis, Esq., Todd P. Hernick, represented by Jan Alan Brody, Esq., Christopher J. Holstein, represented by Greg K. Vitali, Esq., Raymond T. Hunter, represented by Timothy Patrick Maguire, Esq., John A. Leggio, represented by Robert S. Seguin, Esq., Boguslaw K. Lozanski, represented by John J. Segreto, Esq., Brian P. McDermott, represented by Anthony F. Gralewski, Esq., Robert A. Osterman, represented by Frederick W. Alworth, Esq., Oshar O. Reid, represented by Andrew A. McDonald, Esq., Christopher M. McGuire, represented by John J. Segreto, Esq., James A. Romano, represented by August N. Santore, Jr., Esq., Walter J. Smolick, represented by Paul J. Giblin, Esq., Frederick R. Stansfield, represented by John J. Segreto, Esq., Stephen P. Swift, represented by James P. Swift, Esq., Raymond Vella, represented by Richard H. Kress, Esq., Joseph B. Vesey, represented by Francine R. Foner, Esq., and Michael F. Ward, represented by George G. Gussis, Esq., appeal their scores for the written teamwork portion of the examination for Fire Fighter (M9999A).

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

B-85 JOSH BERK, ET AL.
Josh Berk, John Clifton, Shawn McCabe, Francis Shaw, Jr., Charles Tartius and Charles Vicente, all represented by D. William Subin, Esq., appeal their scores for the written teamwork portion of the examination for Fire Fighter (M9999A).

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

B-86 MICHAEL CAETANO, ET AL.
Michael Caetano, Thomas Conoshenti, Jr., Andrew D'Ambrosio, Dale Dancy, Steven Dilks, represented by John Pilles, Jr., Esq., Keith Dyson, Jason Howell, Kenneth Hutchins, Kelvin Isreal, Dennis James, Nathaniel James, Jr., Brandon Lopresti, represented by Renee Anthony, Esq., Michael Maisano, Gary Mullay, Jr., Christian Mussner, Luis Soto, and Sean Vassallo appeal their scores for the written cognitive and written teamwork portions of the examination for fire Fighter (M9999A).

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

B-87 JOSEPH DEANGELIS, ET AL.
Joseph DeAngelis, William McDonald, Joseph Moore, Jude Nedza, Alain Perez and Angelo Rizzolo appeal their scores for the written teamwork and the physical performance portions of the examination for Fire Fighter (M9999A).

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

B-88 LORI WEBB AND BRIAN WILDE
Lori Webb and Brian Wilde appeal the validity of specific questions on the written teamwork portion of the examination for Fire Fighter (M9999A).

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

B-89 FRANK MORRELL
Frank Morrell, represented by Craig S. Gumpel, Esq., appeals his score for the physical performance portion of the examination for Fire Fighter (M9999A).

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

B-90 PAMELA HUNT AND JANE PRICE
Pamela Hunt and Jane Price appeal their scores on the promotional examination for Senior Investigator Family Development (PS0882K), Division of Medical Assistance and Health Services.

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

B-91 RACHEL INGRAM
Rachel Ingram appeals her score on the promotional examination for Quality Assurance Coordinator (PS3074K), Ancora Psychiatric Hospital.

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

B-92 RAYMOND KILBURG
Raymond Kilburg appeals his final average score and rank on the examination for Auditor 1, Taxation (PS3295U), Department of Treasury.

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

B-93 DAWN WORLEY
Dawn Worley appeals her education and experience score on the Secretarial Assistant 2 (Non-Stenographic) (PS9392J), Kean University promotional examination.

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

B-94 SUSAN L. CARSON
The Deputy Director, Division of Selection Services, on behalf of the Department of Health and Senior Services, requests that Susan L. Carson's out-of-title work experience be accepted to qualify her for a prospective promotional examination for Administrative Analyst 3, Data Processing, Department of Health and Senior Services.

ACTION: The Merit System Board granted the request.

B-95 PATRICIA A. FUSCO
Patricia A. Fusco appeals the determination of the Division of Selection Services which denied her request for a make-up examination for the Administrative Assistant 2, (PS2927P), Juvenile Justice Commission promotional examination.

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

B-96 MICHAEL CURLEY
Michael Curley appeals the decision of the Division of Selection Services which found that he was not permanent in a title to which the examination was open for Supervising Environmental Specialist (Water Resources) (PS9342G), Department of Environmental Protection.

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

B-97 MARY ANN RODRIGUES
Mary Ann Rodrigues appeals the decision of the Division of Human Resource Management which found that she was not permanent in the competitive division as of the closing date for the examination for Administrative Secretary (PC0287C), Bergen County.

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

B-98 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 adopted the minutes.

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

B-99 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of November 20, 2001 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes.

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

B-100 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of December 4, 2001 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes.

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

B-101 SANDRA COLEMAN
Sandra Coleman, a Principal Clerk Typist, Department of Health and Senior Services, represented by Joy Schulman, Staff Representative, CWA Local 1034, appeals the denial of sick leave injury (SLI) benefits.

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

B-102 WARREN DEVONE
Warren Devone appeals the decision of the Department of Corrections (DOC) to remove his name from the Correction Officer Recruit (S9999A) eligible list, as a result of falsification of his preemployment application.

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

B-103 DONALD H. NELSEN, JR.
The Department of Corrections, represented by Michael J. Hass, Assistant Attorney General, petitions the Merit System Board (Board) for a stay, pending the outcome of its appeal to the Appellate Division of Superior Court, of the Board's final decision, rendered on July 10, 2001, in which the Board modified the removal imposed against Donald H. Nelsen, Jr., to a six-month suspension.

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

B-104 CHARLES J. END, ET AL.
Charles J. End, Claire B. Gross, Eileen C. Kreiling, Ronald T. Kubacki, Eleanor E. Pugliese, and Betsy Kay Reetz appeal their scores and ranking on the promotional employment list for Supervisor of Inspections, Long Term Care Facilities (PS3569H), Department of Health and Senior Services.

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

B-105 JOHN DEVLIN
John Devlin, represented by Steven M. Abramoff, Esq., requests a make-up examination for Fire Fighter (M9999A).

ACTION: The Merit System Board denied the request.

B-106 PATRICIA GRAVES
The appeal of Patricia Graves, a Head Cottage Training Supervisor at Woodbridge Developmental Center, Department of Human Services, of her demotion effective May 21, 1997, on charges, was before Administrative Law Judge Maria Mancini LaFiandra (ALJ). The ALJ recommended acknowledging the settlement and adopting the order of consolidation and predominant interest. At its meeting on December 4, 2001, the Board adopted the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-107 CLIFFORD JOHNSON
The appeal of Clifford Johnson, a Sanitation Driver, City of Long Branch, of his 20-day suspension beginning November 8, 1999, on charges, was heard by Administrative Law Judge Robert W. Scott (ALJ), who rendered his initial decision on May 9, 2001. At its meeting on December 4, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to reverse the suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-108 JOSEPH MCCORMICK
The appeal of Joseph McCormick, a Police Officer with Lawrence Township, of a 10-day suspension on charges, was heard by Administrative Law Judge Robert W. Scott (ALJ), who rendered his initial decision on September 21, 2001, dismissing the charges pursuant to N.J.S.A. 40A:14-147 and modifying the 10-day suspension to a written reprimand. At its meeting on December 4, 2001, the Merit System Board (Board) did not adopt the ALJ's recommendation. Rather, the Board upheld the 10-day suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-109 JOHN WILLIAMS
The appeal of John Williams, a Human Services Technician at Ancora Psychiatric Hospital, Department of Human Services, of his 30-day suspension on charges, was heard by Administrative Law Judge Edgar R. Holmes (ALJ), who rendered his initial decision on September 13, 2001. At its meeting on December 4, 2001, the Merit System Board (Board) did not adopt the ALJ's recommendation that the suspension be reversed. Rather, the Board upheld the 30-day suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-110 MAUREEN SPITTLEHOUSE
Maureen Spittlehouse 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 Coordinator Primary and Preventative Health Services (PS3715H), Department of Health and Senior Services.

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

B-111 EARLY SETTLEMENTS
Frederick Bey
Ancora Psychiatric Hospital
Department of Human Services
Resignation not in good standing

Brenda Matakovic
Veterans' Memorial Home at Paramus
Department of Military and Veterans' Affairs
Ten-day suspension

Francine McDougle
Jersey City School District
Release at the end of the working test period

Mark Pych
Borough of Fort Lee
Department of Safety Services
15-day suspension

Solomon Somerville
Woodbridge Developmental Center
Department of Human Services
Resignation not in good standing

Thomas Tabasco
Township of North Bergen
Department of Public Safety
20-working day suspension

Bart Vallro
Cit of Paterson
Department of Public Safety (Consolidation)
30-day suspension and 90-day suspension

Susan M. Zammit
New Lisbon Developmental Center
Department of Human Services
Ten-day suspension

ACTION: The Merit System Board acknowledged the settlements with the exception of Mark Pych.

B-112 DIVISION OF YOUTH AND FAMILY SERVICES
The Division of Human Resource Management requests acknowledgement of a Memorandum of Understanding (MOU) in order to implement consolidation, restructuring and reevaluation of the Family Services Specialist title series in the Division of Youth and Family Services (DYFS) and to provide for a retention bonus for DYFS staff in the title series for Investigator, Youth Worker and Social Services Aide.

ACTION: The Merit System Board acknowledged the Memorandum of Understanding.

B-113 SALARY REGULATIONS, SUPPLEMENT 1, FISCAL YEAR 2002
It is recommended that the Board record the Salary Regulations, Supplement 1, which pertains to the Special Incentive Programs - Division of Youth and Family Services Retention Bonus for fiscal year 2002.

ACTION: The Merit System Board recorded the salary regulations.

B-114 RESOULTION FOR BOARD MEMBER JUDITH L. SHAW
A resolution for Board Member Judith L. Shaw is submitted for adoption.

ACTION: The Merit System Board adopted the resolution.

There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, January 8, 2002 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

______________________________
MARGARET E. L. HOWARD
MERIT SYSTEM BOARD

 
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