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

Margaret E. L. Howard, Presiding
Alan Dexter Bowman
Josephine DiRienzo
Leo R. Vartan

A regular meeting of the Merit System Board was held on Tuesday, January 29, 2002, in Trenton, New Jersey.

PRESENT: Presiding Board Member, Margaret E.L. Howard, Merit System Board Members, Alan Dexter Bowman, Josephine DiRienzo, and Leo R. Vartan; Andrea Grundfest, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.

In accordance with L.1975, c.231, Presiding Margaret E.L. Howard 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 26, 2001, 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The following appeals were withdrawn and removed from the hearing calendar:

Alesha Butler, Claims Adjudicator, Disability Determinations, Department of Labor, return to former permanent title at the end of the working test period.

Carmen Camuso, School Crossing Guard, City of Newark, removal.

Patricia Carr, Cottage Training Technician, New Lisbon Developmental Center, Department of Human Services, removal.

Guy Carter, Police Officer, City of Newark, removal.

Chong-Son Courter, Housekeeper, Department of Health and Rehabilitation, County of Essex, good faith layoff.

Cheryl DiMaio, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, suspension.

Peggy Geraghty, Family Service Specialist, Division of Youth and Family Services, Department of Human Services, release at the end of the working test period.

Stacy Huber, Coordinator, Long Term and Alternate Care, Elderly, Department of Human Services, County of Middlesex, 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:

Jasmine Coleman, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, suspension.

Angel Goodwin, Hospital Attendant, Buttonwood Hospital, County of Burlington, suspension.

Phyllis Jefferson, Senior Clerk Typist, Jersey City State College, removal.

Kyle Kettles, Laborer, Department of Neighborhood and Recreational Services, City of Newark, removal.

Eric Richardson, Mechanic, Department of Public Works, Township of Jackson, resignation not in good standing.

Dallas Smith, Senior Medical Security Officer, Ann Klein Forensic Center, Department of Human Services, suspension.

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Perry Baldwin
County of Passaic
Department of Youth Services
Suspensions (2)

In the Matter of Portia Brown
Ancora Psychiatric Hospital
Department of Human Services
Removals (2)

In the Matter of Doris Chamberlain
Greystone Park Psychiatric Hospital
Department of Human Services
Release at the end of the working test period

In the Matter of Anthony DeBacco
Department of Transportation
Removal

In the Matter of Raymond Fuller
City of Jersey City
Department of Public Works
Demotion in lieu of layoff

In the Matter of Georgia Garner
Greystone Park Psychiatric Hospital
Department of Human Services
Removal

In the Matter of Michael Golla
Bayside State Prison
Department of Corrections
Suspension, Resignation not in good standing and Removal

In the Matter of Ann P. Huttenloch
County of Monmouth
Edna Mahan Correctional Facility
Suspension

In the Matter of Dennis Inman
Department of Transportation
Removal

In the Matter of Judith Jolley-Pankey
Division of Youth and Family Services
Department of Human Services
Removal

In the Matter of Paul Liles
County of Morris
Department of Long Term Care Services
Removal

In the Matter of Anthony W. Neri, Jr.
Edna Mahan Correctional Facility
Department of Corrections
Removal

In the Matter of Cory Noble
County of Atlantic
Community Development Economy Department
Removal

In the Matter of James F. Sanchez
Adult Diagnostic and Treatment Center
Department of Corrections
Suspension

In the Matter of Edward Szymanski
County of Mercer
Department of Public Safety
Suspension

In the Matter of Lillian Todd
Hunterdon Developmental Center
Department of Human Services
Removal

In the Matter of Gerald White
College of New Jersey
Removal

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

ACTION: The Merit System Board acknowledged the settlements.

A-2 TRUDI BRAND
Trudi Brand, Principal Clerk Typist, Township of Jackson, Township Clerk's Office, 90-day suspension on charges of conduct unbecoming a public employee and other sufficient cause: theft of municipal property and obstruction of the administration of law or other governmental function.

Recommendation of the Administrative Law Judge - Uphold the 90-day suspension.

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

A-3 GARY B. LASSITER
Gary B. Lassiter, Senior Correction Officer, East Jersey State Prison, Department of Corrections, 60-day suspension on the charge of neglect of duty: serious mistake due to carelessness which may result in danger to persons or property, and failure or excessive delay in carrying out an order which may result in danger to persons or property.

Recommendation of the Administrative Law Judge - Uphold the 60-day suspension.

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

A-4 RUSSELL PETERSON

Russell Peterson, Correction Sergeant, East Jersey State Prison, Department of Corrections, 30-day suspension on the charge of other sufficient cause: leaving an assigned work area without permission and creating a danger to persons or property.

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

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

A-5 VINCENT M. SHOULTZ
Vincent M. Shoultz, Youth Worker, Juvenile Justice Commission, Department of Law and Public Safety, was indefinitely suspended pending disposition of criminal charges effective December 8, 1999.

Recommendation of the Administrative Law Judge - Dismiss the appeal pursuant to an order of forfeiture.

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

A-6 EUGENE WELLS
Eugene Wells, Senior Hospital Attendant, County of Burlington, Buttonwood Hospital, six-day suspension on charges of neglect of duty and other sufficient cause.

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

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

A-7 TERRI BAKER
Terri Baker, Senior Food Services Handler, Vineland Developmental Center, Department of Human Services, removal effective September 22, 2000, on the charge of insubordination.

Recommendation of the Administrative Law Judge - Dismiss the appeal as moot.

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

A-8 ANGELA O'KAFOR
Angela O'Kafor, Senior Correction Officer, Riverfront State Prison, Department of Corrections, removal effective June 11, 1999, on charges of neglect of duty and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-9 MARK SANDERS
Mark Sanders, Medical Security Officer Recruit, Ann Klein Forensic Center, Department of Human Services, removal effective December 15, 2000, on the charge of being absent from work as scheduled without permission and without giving proper notice.

Recommendation of the Administrative Law Judge - Dismiss the appeal as moot.

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

A-10 BENJAMIN SPENSER
Benjamin Spenser, Carpenter, Newark Housing Authority, removal effective January 28, 2000, on charges of conduct unbecoming a public employee (theft of time), neglect of duty and chronic or excessive absenteeism/lateness.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-11 VANDER THOMPSON
Vander Thompson, Correction Sergeant, East Jersey State Prison, Department of Corrections, removal effective September 30, 1999, on charges of other sufficient cause regarding the use, possession or sale of a controlled dangerous substance.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-12 CALVIN PARKMAN
Calvin Parkman, Police Officer, City of Newark, Police Department, 30-day suspension on charges of neglect of duty, care of property, negligent loss or damage of city issued equipment, and making a false statement.

Recommendation of the Administrative Law Judge - Modify the 30-day suspension to a 15-day suspension.

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

A-13 VICTORIA SANIUK
Victoria Saniuk, Manager I, Human Resources, Division of Youth and Family Services, Department of Human Services, 45-day suspension on the charge of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Modify the 45-day suspension to a five-day suspension.

ACTION: The Merit System Board modified the recommendation of the
Administrative Law Judge to a written reprimand.

A-14 ELVIRA TOOLEN
Elvira Toolen, Family Service Specialist 3, Division of Youth and Family Services, Department of Human Services, appeals the denial of sick leave injury benefits.

Recommendation of the Administrative Law Judge - Grant sick leave injury benefits.

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

A-15 RICHARD TROIANO
Richard Troiano, Analyst 2 Research and Evaluation, Division of AIDS Prevention and Control, Department of Health and Senior Services, resignation not in good standing effective February 15, 2000, on the charge of being absent from duty for five or more consecutive business days without approval.

Recommendation of the Administrative Law Judge - Uphold the resignation not in good standing.

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

A-16 WAYNE FULLER (REMAND)
Wayne Fuller, Police Officer, City of Newark, Police Department, removal effective August 23, 1996, on charges of incompetency, inefficiency or failure to perform duties; insubordination; inability to perform duties; chronic or excessive absenteeism or lateness; conviction of a crime; conduct unbecoming a public employee; neglect of duty; and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-17 TINA GARNER
Tina Garner, Communications Operator, Northern State Prison, Department of Corrections, removal effective March 30, 2000, on the charge of inability to perform duties.

Recommendation of the Administrative Law Judge - Dismiss the appeal for failure to appear.

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

A-18 RORY MORRIS
Rory Morris, County Correction Sergeant, County of Monmouth, Department of Corrections and Youth Services, removal effective December 4, 2000, on charges of conviction of criminal offenses and conduct unbecoming a public employee.

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.

SECTION B - MISCELLANEOUS MATTERS
B-1 GHMASO JOHNSON
Ghmaso Johnson appeals his rejection as a Police Officer by the City of Plainfield and its request to remove his name from the Police Officer (S9999B) eligible list due to a positive drug test.

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

B-2 DEBORAH KOPP
Deborah Kopp, a Principal Investigator Secured Facilities at the Garden State Reception and Youth Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-3 LINDA MAY
Linda May, a Senior Groundskeeper with Richard Stockton College of New Jersey appeals the denial of sick leave injury (SLI) benefits.

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

B-4 SONYA ROGERS
Sonya Rogers, a Senior Therapy Program Assistant with 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 granted.

B-5 ELLEN SIMPSON
Ellen Simpson, a Cottage Training Technician with 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 denied.

B-6 ELIJAH O. AKHIM
Elijah O. Akhim appeals the decision of the Department of Corrections to remove his name from the Correction Officer Recruit (S9999A) eligible list on the basis of an unsatisfactory employment record.

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

B-7 BENNY CARDONA
Benny Cardona, represented by Daniel J. Zirrith, Esq., appeals the decision of Selection Services which found that the City of Newark (City) had presented a sufficient basis to remove his name from the Police Officer (S9999V) eligible list, due to an unsatisfactory criminal and driving record.

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

B-8 LEONARD COSSARI
Leonard Cossari 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 eligible list for Investigator, Public Defender (S6164W), Office of the Public Defender, due to an unsatisfactory criminal record.

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

B-9 JOSEPH GIARDINA
Joseph Giardina appeals the decision of Human Resource Information Services which upheld the removal of the appellant's name from the Investigator 1 (S0568B), Vicinage 2, Bergen County, Judiciary eligible list, due to the appellant's failure to complete pre-employment processing.

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

B-10 ERICK MIICK
Erick Miick, represented by Michael R. Speck, 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), Lakewood Township, on the basis of falsification of a material fact.

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

B-11 PEDRO ROSADO
Pedro Rosado, represented by Robert J. DeGroot, Esq., appeals the decision of Selection Services which found that the City of Newark (City) had presented a sufficient basis to remove the appellant's name from the Police Officer (S9999V) eligible list, on the basis of an unsatisfactory driving record.

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

B-12 ELVIS M. TORRES
Elvis M. Torres appeals the decision of Selection Services which found that the Department of Corrections (DOC) had presented a sufficient basis to remove his name from the Correction Officer Recruit (S9999A) eligible list, due to an unsatisfactory criminal record.

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

B-13 RAUL E. COUCE
Raul E. Couce, a Sergeant with the Division of State Police, Department of Law and Public Safety, represented by Joseph J. Bell, Esq., appeals the determination of the Attorney General stating that the appellant failed to present sufficient evidence to support a finding that he has been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environment in the Workplace.

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

B-14 KENNETH BURKETT
Kenneth Burkett, a former Senior Therapy Program Assistant at Arthur Brisbane Child Treatment Center, Department of Human Services, appeals the decision of the Assistant Commissioner for Human Resources, denying his request for a reasonable accommodation.

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

B-15 DEBORAH WEISER
Deborah Weiser, a Senior Building Maintenance Worker, with the Hunterdon Developmental Center, 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-16 JOHN PACHON
The Merit System Board, on its own motion, reconsiders the decision, In the Matter of John Pachon, Fire Fighter (M0777U), City of West New York (MSB, decided June 26, 2001), which determined that Pachon's name be added to the January 30, 2001 certification of the Fire Fighter (M2071A), North Hudson Regional Fire and Rescue Service (NHRFRS) list, and that he be appointed from that certification. Additonally, Pachon, represented by Dena E. Epstein, Esq., and the NHRFRS, initially represented by Lawrence M. Fox, Esq., and subsequently represented by Sean D. Dias, Esq., and West New York, represented by Lawrence M. Fox, Esq., request reconsideration of the June 26, 2001 decision.

ACTION: The Merit System Board granted the request for reconsideration and revived the list for Fire Fighter (M0777U) to allow appellant's name to be placed at the head of the next certification of the current Fire Fighter list for the NHRFRS, but denied requests for reconsideration for West New York and the NRRFRS.

B-17 EDWARD WERRELL
The Department of Corrections requests reconsideration of the August 28, 2001 Merit System Board decision, which granted Edward Werrell, a Senior Correction Officer at East Jersey State Prison, sick leave injury (SLI) benefits.

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

B-18 MARKUS REHELD
Markus Reheld, represented by Dena E. Epstein, Esq., requests that he be appointed from the list for Fire Fighter (M0777U) with the City of West New York based on the fact that he received and passed medical and psychological examinations.

ACTION: The Merit System Board revived the list for Fire Fighter (M0777U) to
allow appellant's name to be place at the head of the next certification
the current Fire Fighter list for the North Hudson Regional Fire and
Rescue Service.

B-19 VENUS YOUNG
Venus Young, represented by Fred Shahrooz Scampato, Esq., petitions the Merit System Board for back pay, benefits and retroactive seniority in regard to the final decision, rendered March 13, 2001, which ordered that the list for County Correction Officer (C0452S), County of Essex, be revived and Ms. Young's name certified at the time of the next certification for prospective employment opportunities only.

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

B-20 EDWARD WANZER
Edward Wanzer, an Affirmative Action Officer with the County of Camden, represented by Dennis L. Riley, Esq., seeks enforcement of that part of the Merit System Board decision rendered on July 21, 1998, granting him benefits.

ACTION: The Merit System Board granted the request for vacation leave for
1996 and 1997 and sick leave from September 1993 to September
1997.

B-21 GAYE DAVIS V. DIVISION OF YOUTH AND FAMILY SERVICES, DEPARTMENT OF HUMAN SERVICES
Administrative Law Judge (ALJ) John R. Tassini issued an Order of Consolidation and Predominant Interest in the matter of Gaye Davis v. Division of Youth and Family Services. 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-22 KEVIN LADD V. DIVISION OF YOUTH AND FAMILY SERVICES,
DEPARTMENT OF HUMAN SERVICES

Administrative Law Judge (ALJ) John R. Tassini issued an Order of Consolidation and Predominant Interest in the matter of Kevin Ladd v. Division of Youth and Family Services. In order that, 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-23 ROBERT ANELLO
Robert Anello appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Crew Supervisor Building Maintenance Programs (PS3743I), Northern State Prison.

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

B-24 PAULETTE AYRES
Paulette Ayres appeals the determination of the Division of Selection Services that found that she did not meet the education and experience requirements for the promotional examination for Section Supervisor Fiscal Resources (PS3241P), Department of Law and Public Safety.

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

B-25 WILLIAM CHURCH
William Church appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Manager, Animal Control Facility (PM0168B), City of Trenton.

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

B-26 JACKIE GRAY
Jackie Gray appeals the determination of the Division of Selection Services which found she was below the minimum requirements in experience for the promotional examination for Habilitation Plan Coordinator (PS2296K), Woodbridge Developmental Center.

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

B-27 LORI A. HOURIGAN
Lori A. Hourigan appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Human Services Specialist I (PC0038C), Somerset County Board of Social Services.

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

B-28 JULIA LLERAS
Julia Lleras 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 Deputy Municipal Court Administrator (M6084B), City of Atlantic City.

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

B-29 LINDA PIERLEONARDI
Linda Pierleonardi 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 Typist (PS0432H), Department of Health and Senior Services.

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

B-30 ALLAN STRASSER
Allan Strasser 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 (PM0176C), Fair Lawn.

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

B-31 RALPH TRAVELLIN
Ralph Travellin appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Managing Examiner (PS3467L), Department of Banking and Insurance.

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

B-32 CLINTON GRIGGS
Clinton Griggs 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 Engineer Construction and Maintenance (PS2276T), Department of Transportation.

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

B-33 JOHN TEVOLI
John Tevoli 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 Warden (PC2274A), Middlesex County.

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

B-34 JEREMIAH O'DONNELL
Jeremiah O'Donnell 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 Executive Assistant 1 (PS3341G), Department of Environmental Protection.

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 December 18, 2001 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of it's meeting of
December 18, 2001.

VOTE: Margaret E. L. Howard (Yes)
  Alan Dexter Bowman (Yes)
  Josephine DiRienzo (Abstained)
  Leo R. Vartan (Yes)

B-36 LEONARD BROOKS
Leonard Brooks appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit 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-37 APRIL JOHNSON
April Johnson appeals her rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove her name from the eligible list for Correction Officer Recruit 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-38 ROBERT LEWIS
Robert Lewis, represented by Michael J. Montanari, Esq., appeals his rejection as a Police Officer candidate by the Township of Scotch Plains and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-39 CHRISTOPHER M. MAHER
Christopher M. Maher, represented by Carl N. Tripician, Esq., appeals his rejection as a Fire Fighter candidate by the City of Margate and its request to remove his name from the eligible list for Fire Fighter on the basis of psychological unfitness to perform effectively the duties of the position.

ACTION: The Merit System Board referred the matter to an independent Medical
Examiner.

B-40 LUIS NEGRON
Luis Negron appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit 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-41 EDWARD ORNA, III
Edward Orna, III appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit 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-42 JOHN SAITTA
John Saitta, represented by Daniel J. Zirrith, Esq., appeals his rejection as a Fire Fighter candidate by the City of Jersey City and its request to remove his name from the eligible list for Fire Fighter on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-43 THOMAS W. VAN HORN
Thomas W. Van Horn appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit on the basis of psychological unfitness to perform effectively the duties of the position.

ACTION: The Merit System Board referred the matter to an independent
psychological medical examiner.

B-44 DAVID YAVORSKY
David Yavorsky appeals his rejection as a Fire Fighter candidate by the Township of Woodbridge and its request to remove his name from the eligible list for Fire Fighter 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-45 RICKY RIVERA
Ricky Rivera appeals his rejection as a Police Officer candidate by the City of Passaic and its request to remove his name from the eligible list for Police Officer on the basis of medical unfitness to perform effectively the duties of the position.

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

B-46 RASHID ABDUNAFI
Rashid Abdunafi, a Senior Correction Officer at East Jersey State Prison, Department of Corrections, represented by Mark D. Kurdyla, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-47 THOMAS J. BARBATO
Thomas J. Barbato, a Construction and Maintenance Technician 4 with the Department of Transportation, represented by Victor Matthews, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-48 LAVERNE BLAND
Laverne Bland, a Senior Building Maintenance Worker with Rowan University, appeals the denial of sick leave injury (SLI) benefits.

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

B-49 STELLA BRIDGES
Stella Bridges, a Practical Nurse at Vineland Developmental Center, Department of Human Services, represented by Robert G. Malestein, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-50 MARYETTA BROWN
Maryetta Brown, a Human Services 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 granted.

B-51 RONALD CAFFREY
Ronald Caffrey, a Senior Parole Officer, with the State Parole Board, represented by Arnold S. Cohen, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-52 VALENE CASSIDY
Valene Cassidy, a Correction Sergeant at South Woods State Prison with the Department of Corrections, represented by Mark Kurdyla, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-53 VALENE CASSIDY
Valene Cassidy, a Correction Sergeant at South Woods State Prison with the Department of Corrections, represented by Jeffrey S. Monaghan, Esq., appeals the denial of sick leave injury (SLI) benefits. It is noted that at the time of the instant injury, the appellant was a Senior Correction Officer at Garden State Youth Correctional Facility.

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

B-54 BEVERLY COUNCIL
Beverly Council, a Senior Therapy Program Assistant at the Hagedorn Gero-Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-55 WINIFRED DACOSTA
Winifred DaCosta, a Supervisor of Nursing Services with Ann Klein Forsensic 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-56 JOHN DITULLIO
John DiTullio, an Electrician with the Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-57 JOHN FITZGERALD
John Fitzgerald, a Correction Officer Recruit at New Jersey State Prison, Department of Corrections, represented by Lisa M. Fittipaldi, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-58 MARIANNE GALLINA
Marianne Gallina, a Regulatory Officer 2, Insurance with the New Jersey Real Estate Commission, Department of Banking and Insurance, represented by Anthony Rotunno, Esq., appeals the denial sick leave injury (SLI) benefits.

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

B-59 JAMES GILSDORF
James Gilsdorf, a Senior Correction Officer at Garden State Reception and Youth Correctional Facility, Department of Corrections, represented by Jack L. Seelig, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-60 DORIS JAMES
Doris James, a Secretarial Assistant 1 Non-Stenographic, with the Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-61 CHARLES R. LEEK, JR.
Charles R. Leek, Jr., a Correction Sergeant with the Stabilization and Reintegration Program (SRP) Boot Camp, Department of Corrections, represented by Sergeant Donald E. Dudich, Vice President, New Jersey Law Enforcement Supervisors Association, appeals the denial of sick leave injury (SLI) benefits.

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

B-62 KENNETH LITTLE
Kenneth Little, a Senior Correction Officer at East Jersey State Prison, Department of Corrections (DOC), represented by Mark Kurdyla, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-63 CLAY T. MCCLAIN, III
Clay T. McClain, III, a Senior Correction Officer with East Jersey State Prison, Department of Corrections (DOC), represented by Mark D. Kurdyla, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-64 NORMAN PETERS
Norman Peters, a former Senior Correction Officer at Southern State Correctional Facility, Department of Corrections, represented by Mark D. Kurdyla, Esq., appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board referred the matter to the Medical
Examiners Panel.

B-65 CARMEN ROSADO
Carmen Rosado, a Cottage Training Technician with 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-66 JAMES SANCHEZ
James Sanchez, a Senior Correction Officer at the Adult Diagnostic and Treatment Center, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-67 TEODOZJA SROKA
Teodozja Sroka, a Cottage Training Technician with Hunterdon 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-68 ROBERT BIDO
Robert Bido appeals the decision of Selection Services which removed the appellant's name from Sheriff's Officer (S9999A), Hudson County 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-69 BRUCE BULLOCK
Bruce Bullock 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 Parole Officer Recruit (S2001A), Department of Corrections, on the basis of his failure to appear for preemployment processing.

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

B-70 EDWARD CHAMBERLAIN
Edward Chamberlain appeals the decision of the Division of Human Resource Information Services which found that the Department of Human Services had presented a sufficient basis to remove to appellant's name from the Senior Building Maintenance Worker special reemployment list on the basis of falsification of his preemployment application.

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

B-71 CLINT CIANCAGLINI
Clint Ciancaglini appeals the decision of Selection Services which upheld the removal of the appellant's name from the Correction Officer Recruit (S9999A), Department of Corrections, eligible list due to an unsatisfactory criminal record.

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

B-72 TYWAN DIGGS
Tywan Diggs appeals the decision of Selection Services which found that the Department of Corrections had presented a sufficient basis to remove the appellant from the Correction Officer Recruit (S9999A) eligible list, as a result of the falsification of his employment application.

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

B-73 MICHAEL FURMAN
Michael Furman appeals the decision of Human Resource Information Services, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Admissions and Records Officer (C6772A), Essex County eligible list.

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

B-74 ROBERT GREANEY
Robert Greaney, represented by Jeffery April, 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 (S9999W), Atlantic City, on the basis of an unsatisfactory criminal record and background report.

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

B-75 FIELDS C. HOWARD
Fields C. Howard 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 criminal record.

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

B-76 LISA BALLARD JONES
Lisa Ballard Jones appeals the determination of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove her name from the eligible list for Health Representative 2, Communicable Disease (S6144W), Department of Health and Senior Services for failure to satisfy the experience requirement.

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

B-77 PATTIE R. JONES
Pattie R. Jones appeals the decision of Selection Services, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9999A), Department of Corrections eligible list.

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

B-78 JOHN N. KARL, JR.
John N. Karl, Jr., appeals the decision of Human Resource Information Services which upheld the decision of the Department of Environmental Protection not to appoint him from a certification of the Public Information Assistant (S0661C) eligible list.

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

B-79 LAWRENCE J. MURPHY
Lawrence J. Murphy, represented by D. William Subin, Esq., appeals the determination of Selection Services which upheld the bypass of his name for appointment from the Chief Ranger 2 (PS5136G), Department of Environmental Protection eligible list. Murphy also appeals two 30-day suspensions, a 180-day suspension and a removal, effective at the close of business on January 7, 2002.

ACTION: The Merit System Board granted a hearing.

B-80 DARLENE MUSTO
Darlene Musto appeals the decision of the Department of Corrections to remove her name from the Correction Officer Recruit (S9999A) eligible list, on the basis of falsification of her preemployment application.

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

B-81 MARIANNE OFENLOCH
Marianne Ofenloch, represented by David J. DeFillippo, Esq., appeals the decision of Selection Services which upheld the bypass of her name for appointment from the Chief Ranger 2 (PS5136G), Department of Environmental Protection, eligible list.

ACTION: The Merit System Board granted a hearing.

B-82 OLANDER PETERS
Olander Peters appeals the decision of Human Resource Information Services which upheld the bypass of his name on the Senior Training Technician (C1242B), Essex County eligible list.

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

B-83 RICHARD PITTS
Richard Pitts appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Parole Officer Recruit (S2001A), Department of Corrections eligible list on the basis of his criminal record.

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

B-84 HEIDI SMITH-ASH
Heidi Smith-Ash appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove her name from the eligible list for Police Officer (S9999W), Township of Middletown, for failure to meet the age requirement for the position.

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

B-85 MICHAEL VERBEKE
Michael Verbeke appeals the decision of Human Resource Information Services which removed the appellant's name from the Ranger Trainee (S9999A), Department of Environmental Protection eligible list, due to the appellant's failure to appear for preemployment processing.

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

B-86 STACY ZBIKOWSKI
Stacy Zbikowski appeals the removal of her name from the Correction Sergeant (PS5139P), Juvenile Justice Commission, eligible list due to her failure to respond to a Notice of Certification.

ACTION: The Merit System Board directed that this appeal be granted, and
the appellant's name be restored to the Correction Sergeant
(PS5139), Juvenile Justice Commission, eligible list.

B-87 JANICE CARTER
Janice Carter, a Principal Clerk Typist at South Woods State Prison, Department of Corrections (DOC), appeals the decisions of the Director, 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 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-88 MANUEL JOSE DECASTRO
Manuel Jose DeCastro, a Senior Correction Officer with East Jersey State Prison, Department of Corrections (DOC), appeals the determinations of the Director of the Equal Employment Division with the DOC, stating that with the exception of his sexual harassment claim, 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-89 BARBARA GREEN
Barbara Green, an Executive Assistant 2 at Mid-State Correctional Facility, 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 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 matter be held over.

B-90 INELL C. JONES
Inell C. Jones, a Senior Correction Officer at New Jersey East 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 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-91 VICKI SUTTON
Vicki Sutton, a Senior Correction Officer at South Woods 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 she had been subjected to conduct in violation of the New Jersey Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-92 NUTAN SINGH
Nutan Singh, a Head Nurse - 12 Months at Hagedorn Gero-Psychiatric Hospital, Department of Human Services, appeals the determination 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-93 CHARAE THOMPSON
Charae Thompson petitions the Merit System Board for reconsideration of its decision rendered October 23, 2001, upholding the removal of her name from the eligible list for Correction Officer Recruit (S9999V), Department of Corrections, due to the falsification of her employment application and an unsatisfactory criminal record.

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

B-94 DORIS WHYTE
Doris Whyte, a Day Care Center Technician with the Department of Human Services, petitions the Merit System Board for reconsideration of the final decision rendered on April 10, 2001, granting her sick leave injury (SLI) benefits from June 2, 1999 to October 15, 1999.

ACTION: The Merit System Board granted the request for reconsideration,
and directed that the petitioner be granted additional SLI benefits from
October 16, 1999 until March 15, 2000.

B-95 WILLIAM BRENNAN
William Brennan, a Fire Fighter with the Teaneck Fire Department, represented by Frances Farber-Walter, Esq., requests counsel fees as result of the Merit System Board decision rendered on March 23, 1999, which dismissed a 21-day suspension, upheld a two-day suspension and modified 63-day and five-day suspensions to 10 days and two days, respectively.

ACTION: The Merit System Board directed that the appellant be granted
$14,793.82 in counsel fees.

B-96 IBRAHIM ABDUL-HAQQ
The City of Newark (City), represented by Phillip Dowdell, Assistant Corportation Counsel, petitions the Merit System Board (Board) for a stay of the Board decision rendered February 1, 2000, which reinstated Ibrahim Abdul-Haqq to the position of Fire Fighter with the City after a six-month suspension, pending the City's appeal to the Superior Court, Appellate Division. Additionally, Ibrahim Abdul-Haqq, represented by Eldridge Hawkins, Esq., seeks enforcement of that decision.

ACTION: The Merit System Board denied the City of Newark's request for a
stay, and granted the appellant's request for enforcement.

VOTE: Margaret E. L. Howard (Yes)
  Alan Dexter Bowman (Abstained)
  Josephine DiRienzo (Yes)
  Leo R. Vartan (Yes)

B-97 RICHARD ANDERSON
The Superior Court, Appellate Division, had dismissed Richard Anderson's appeal of the Merit System Board's decision in In the Matter of Richard Anderson (MSB, decided May 22, 2001), dismissed, Docket No. A-6159-00T2 (App. Div. October 5, 2001), which denied his request for sick leave injury (SLI) benefits.

ACTION: The Merit System Board vacated the May 22, 2001 decision and
granted a hearing.

B-98 PABLO FONSECA
The City of Newark (City), represented by Desha L. Jackson, Assistant Corporation Counsel, petitions the Merit System 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 August 14, 2001, in which the Board reversed the 42-day suspension and the demotion imposed against Pablo Fonseca.

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

B-99 ROBERT DINUNZIO
Robert DiNunzio, Program Manager, Field Operations, Consumer and Environmental Health Services, appeals the determination of his PAR grievance by the Department of Health and Senior Services.

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

B-100 DIRECTOR OF ECONOMIC AND INDUSTRIAL DEVELOPMENT (M6882A), CITY OF CAMDEN
The appointing authority requests permission not to make an appointment from the certification for Director of Economic and Industrial Development (M6882A), City of Camden.

ACTION: The Merit System Board granted the request for appointment
waiver and directed that the appointing authority be assessed for the costs of the selection process in the amount of $1,024.

B-101 WANDA GRIER AND JERRY WILLIAMSON
The Deputy Director, Division of Selection Services requests revival of the C6104N eligible list for Juvenile Detention Officer to allow Wanda Grier and Jerry Williamson to receive a retroactive appointment date from said list. It is further requested that they be admitted to the Senior Juvenile Detention Officer (PC2627A) Passaic County promotional examination.

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

B-102 WILLIE LOZADA
Willie Lozada, an Income Maintenance Technician with the Hudson County Department of Health and Human Services, represented by Stuart A. Tucker, Esq., requests that the Merit System Board award interest on its Order of October 13, 1999 awarding him back pay. Appellant also requests counsel fees.

ACTION: The Merit System Board denied the request for interest and
counsel fees.

B-103 SHANNON STINSMAN
Shannon Stinsman, a Fire Fighter with the City of Atlantic City, represented by Scott Evans, Vice President, Atlantic City Professional Fire Fighters, Local 198, petitions the Merit System Board for a retroactive appointment date in regard to the decision rendered by Human Resource Information Services on October 27, 1998, which restored his name to the eligible list for Fire Fighter (M9056S), City of Atlantic City.

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

B-104 ELLEN LANE
The Division of Human Resource Information Services, Department of Personnel, had submitted, for the Merit System Board's (Board) consideration, a request that the provision of N.J.A.C. 4A:6-3.4(a), which governs the time period in which employees must file an application for Supplemental Compensation on Retirement (SCOR), be relaxed to permit Ellen Lane to apply for SCOR as a result of October 23, 2001 decision of the Board, granting her sick leave injury (SLI) benefits from June 10, 1999 to April 1, 2000.

ACTION: The Merit System Board directed that this request be granted and
and the provisions of N.J.A.C. 4A:6-3.4(a) be relaxed.

B-105 CHARLES STEPHENSON
The appeal of Charles Stephenson, a Senior Correction Officer at Northern State Prison, Department of Corrections, concerning his removal effective April 27, 2000 on charges, was heard by Administrative Law Judge Jeffrey A. Gerson (ALJ), who rendered his initial decision on August 9, 2001. At its meeting on December 18, 2001, the Board adopted the ALJ's recommendation to uphold the removal. The proposed final decision is now submitted for the Board's review.

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

B-106 SPENCER SCOTT
The appeal of Spencer Scott, a County Correction Officer with the Gloucester County Sheriff's Office, of his immediate and indefinite suspensions effective August 18, 1999, and his removal on charges, effective December 5, 2000, was heard by Administrative Law Judge Solomon A. Metzger (ALJ), who rendered his initial decision on November 15, 2001, upholding the indefinite suspension and the removal. At its meeting on December 18, 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: Margaret E. L. Howard (Yes)
  Alan Dexter Bowman (Yes)
  Josephine DiRienzo (Abstained)
  Leo R. Vartan (Yes)

B-107 MARY F. ALEXANDER, ET AL.
Mary F. Alexander, Robert M. Anthony, Maureen E. Clifford, Lori Hill, and Joyce L. Lacara appeal the determinations of the Division of Selection services which found that they did not meet the experience requirements for the promotional examination for Senior Employment Specialist (PC0726B), Essex County.

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

B-108 MELVIN ARROYO AND JANET MAYERIK
Melvin Arroyo appeals the determination of the Division of the Division of Selection Services which found that he was below the minimum requirements in experience for the promotional examination for Technician, Management Information Systems (PS3126K), New Lisbon Developmental Center. Janet Mayerik 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 (PS3126K), New Lisbon Developmental Center.

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

B-109 KENNETH G. BERNATH, ET AL.
Kenneth G. Bernath, Joseph Golino and Mark Tulli appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for the promotional examination for Truck Driver (PM0292B), Borough of Carteret.

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

B-110 PATRICIA BOHRMAN, ET AL.
Patricia Bohrman, Rhonda Lewis, and Crystal Jones appeal the determinations of the Division of Selection Services which found that per the substitution clause for education, they did not meet the experience requirements for the promotional examination for Claims Adjudicator Support Specialist 2 (PS0061N), Department of Labor.

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

B-111 EUGENE CANFIELD
Eugene Canfield appeals his ineligibility for the open-competitive examination for Coordinator of Safety Programs (M6980B), Jersey City.

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

B-112 LUANNE CHRISTIANO
Luanne Christiano appeals the determination f 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 Senior Systems Analyst (PC0258C), Mercer County.

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

B-113 PATRICIA CONSTANCE
Patricia Constance appeals the decision of the Division of Selection Services which found that she did not meet the requirements for the promotional examination for Administrative Secretary (PC2008A) Mercer County.

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

B-114 HENRY DRIFT
Henry Drift appeals the determination of the Division of Selection Services that he did not meet the experience requirement for the promotional examination for Budget Analyst 1 (PS0025K), Department of Human Services, Division of Family Development.

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

B-115 MICHAEL GARGIULO
Michael Gargiulo appeals the decision of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Yard Supervisor (PC2873A), Passaic County.

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

B-116 ERIC HARTSFIELD
Eric Hartsfield appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the Administrative Analyst 1 (PS2831R), Board of Public Utilities promotional examination.

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

B-117 YOLANDA HASAN AND TAHESIA WYCHE
Yolanda Hasan and Tahesia appeal the determinations of the Division of Selection Services which found that per the substitution clause for education, they did not meet the experience requirements for the promotional examination for Claims Adjudicator Support Specialist 2 (PS0061N), Department of Labor.

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

B-118 RAY HOWARD
Ray Howard appeals his ineligibility for the open-competitive examination for Supervisor of Data Processing Systems & Programming (M6819A), Jersey City.

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

B-119 JACQUELINE JUNIORS
Jacqueline Juniors appeals the determination of the Division of Selection Services which found she was below the minimum requirements in experience for the promotional examination for Program Development Specialist 2 (PS2183D), Department of Community Affairs.

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

B-120 ELLEN KELLEY
Ellen Kelley 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 2 (PS9955K), Ancora Psychiatric Hospital.

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

B-121 BERNARD KERWIN
Bernard Kerwin 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 Mechanic/Welder (M6245B), Wanaque.

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

B-122 TERRI KORCHICK
Terri Korchick appeals the decision of the Division of Selection Services that found that per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Executive Assistant 4 (PS2983U), Department of Treasury.

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

B-123 ANDREW MCCRAY
Andrew McCray appeals his ineligibility for the open-competitive examination for Hearing Officer Inmate Disciplinary Program (S6277A), Department of Corrections.

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

B-124 ROBERT L. MORGAN
Robert L. Morgan appeals the determination of the Division of Selection Services, which found that he did not meet the license requirement for the open competitive examination for School Bus Driver (M9442B) Brick Township School District.

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

B-125 ROBERT OBARSKI SR.
Robert Obarski Sr. 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 Senior Data Processing Systems Programmer (PC1064B) Camden County.

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

B-126 CHANDRA K. PAREKH
Chandra K. Parekh 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 Environmental Specialist, Air Pollution Control (S6325B).

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

B-127 DONALD RAGAZZO AND JOSEPH ZARILLO
Donald Ragazzo and Joseph Zarillo appeal their ineligibility for the open-competitive examination for Management Improvement Specialist 1 (S6289A), Statewide.

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

B-128 HAROLD REATEGUI
Harold Reategui appeals the determination of the Division of Selection Services which found him below the experience requirements for the promotional examination for Unemployment Insurance Clerk (Bilingual in Spanish and English) (PS6866N), Department of Labor.

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

B-129 ANNEMARIE UEBBING
Annemarie Uebbing appeals the determination of the Division of Selection Services which found her ineligible for the promotional examination for Director, Community Development Program (PM2026A), Jersey City.

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

B-130 BRUCE WILLIAMS
Bruce Williams 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 Administrative Analyst 2 (PS9955K), Ancora Psychiatric Hospital.

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

B-131 GINGER WOOD
Ginger Wood 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 Data Processing Programmer 1 (PS7163K), Department of Human Services.

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

B-132 ROBERTA EAGLE
Roberta Eagle appeals the decision of the Division of Selection Services which found that she failed to achieve a passing score on the promotional examination for Senior Field Representative Housing (Housing Assistance Program) (PS7416D), Department of Community Affairs.

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

B-133 RONALD KINDER
Ronald Kinder, represented by Peter Vasquez, Jr., Esq., appeals his score for the examination for Police Captain (PM3561A), Newark.

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

B-134 JOHN PAMPALONI, JR.
John Pampaloni, Jr. appeals his score for the Supervisor, Public Works (PM0805A), Bergenfield examination.

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

B-135 LINDA M. SUDLER
Linda M. Sudler appeals the determination of the Division of Selection Services which found that she failed to achieve a passing score on the Administrative Assistant 2 (PS9086T), Department of Transportation examination.

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

B-136 LISA S. CAVANAGH
The Director, Selection Services, on behalf of the Department of Transportation, requests that Lisa S. Cavanagh's out-of-title work experience be accepted to qualify her for a prospective promotional examination for the title of Management Assistant.

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

B-137 SHYAMOLI DE
Shyamoli De, represented by Mary Crangle, Esq., appeals the decision of the Division of Selection Services which found that appellant lacked the required amount of permanent status in a title to which the examination was open for Senior Library Assistant (PC2481A), Camden County.

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

B-138 MICHAEL BESHAW
Michael Beshaw 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 Supervisor, Public Works (PM0442B), Fair Lawn.

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

B-139 SANDRA CUPE
Sandra Cupe appeals the decision of the Division of Selection Services which found that she was not permanent in a title to which the examination was open for Head Cottage Training Supervisor (PS0702K), Woodbine Developmental Center.

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

B-140 GWENDOLYN DURHAM
Gwendolyn Durham appeals the decision of the Division of Selection Services which found that she was not permanent in a title to which the examination was open for Supervising Family Service Specialist 2 (PS8218K), Division of Youth and Family Services.

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

B-141 DONNA JENKINS
Donna Jenkins appeals the decision of the Division of Selection Services which found that appellant lacked the required amount of permanent status in title to which the examination was open for Senior Data Control Clerk (PC1237C), Warren County.

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

B-142 PHEOBE PAGE-ASKIE
Pheobe Page-Askie appeals the decision of the Division of Selection Services which found that appellant lacked the required amount of permanent status in a title to which the examination was open for Administrator Employee Relations (PS0289K), Department of Human Services.

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

B-143 LINDA SCHULTZ
Linda Schultz appeals the decision of the Division of Selection Services that found that she was not permanent in a title to which the examination was open for Executive Assistant 3 (PS2839T), Department of Transportation.

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

B-144 MITCHELL ZAJAC
Mitchell Zajac 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 Administrative Assistant 3 (PS1134T), Department of Transportation.

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

B-145 ASHOO SHARMA
Ashoo Sharma appeals the decision of the Division of Selection Services denying her request for a make-up examination for Social Worker (C4027C), Mercer County.

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

B-146 JAMES SMANIOTTO
James Smaniotto appeals the determination of the Division of Selection Services which denied his request for a make-up for the Automotive Mechanic (S0670C) open competitive examination.

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

B-147 JOHN D. STEEN
John D. Steen appeals the inclusion of certain test items in the open competitive examination for Electrician (M1055A), Vineland City School District.

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

B-148 PAIGE STILLMAN
Paige Stillman appeals the decision of the Division of Selection Services concerning the correct answer to a specific question on the open competitive examination for Senior Field Representative, Health Education (C1558C), Gloucester County.

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

B-149 DONNA WEINBEL
Donna Weinbel appeals the determination of the Division of Selection Services which found that she did not file a timely application for the promotional examination for Family Service Specialist 2 (PS2106K), Division of Youth and Family Services.

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

B-150 OLIVER NNADI V. JUVENILE JUSTICE COMMISSION
Administrative Law Judge (ALJ) Lillard E. Law issued an Order of Consolidation and Predominant Interest in the matter of Oliver Nnadi v. Juvenile Justice Commission. In that order, the ALJ determined that the matters be consolidated and that the Merit System Board (Board) refrain from exercising its jurisdiction and the Commissioner of the Department of Human Services had the predominant interest in the conduct and the outcome of the instant matter. Based on the ALJ's Order, the Merit System Board and DYFS developed a joint order. The Joint Order is now submitted for the Board's review.

ACTION: The Merit System Board adopted the joint order.

B-151 PROPOSED AMENDMENT, REPEAL AND NEW RULE (N.J.A.C. 4A:5-1.1 AND 1.3)
It is recommended that the proposed amendments to N.J.A.C.4A:5-1.1 and 1.3, which would codify several statutory changes regarding the determination of veterans preference for merit system employment purposes be adopted without change.

ACTION: The Merit System Board adopted the proposed amendments.

B-152 SALARY REGULATION, FY 2002
It is recommended that the Salary Regulations, Supplement 4, which pertains to the Management and various Non-Aligned Employees, for Fiscal Year 2002 be recorded.

ACTION: The Merit System Board recorded the Salary Regulations for
Fiscal Year 2002.

B-153 LINDA FIGUEROA
Linda Figueroa, represented by Anthony J. Fusco, Jr., Esq., and the City of Passaic, represented by Karen L. Sutcliffe, Esq., seek acknowledgement of a settlement agreement, which provides Figueroa with an appointment to the position of Police Officer, City of Passaic.

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

B-154 SARAH HENDERSON
Sarah Henderson 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 Counselor, Victim Witness Program (C1616C), Morris County.

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

B-155 EARLY SETTLEMENTS
Merri Harris
Northern State Prison
Department of Corrections
Removals (3)

Brenda Hicks
County of Burlington
County Clerk
Suspensions (5) and Removal

Charlotte Lee
Woodbine Developmental Center
Department of Human Services
Suspension

ACTION: The Merit System Board acknowledged the settlements.

B-156 CHERYL ANDREWS-PAYSINGER
Cheryl Andrews-Paysinger, a Technical Program Assistant with the Department of Personnel (CSC), appeals the determination of Commissioner of CSC, 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-157 LINDA SYKES
The appeal of Linda Sykes, a Family Service Specialist 3 with the Division of Youth and Family Services, Department of Human Services, of her removal, effective January 29, 1999, on charges, was heard by Administrative Law Judge Joseph F. Fidler (ALJ), who rendered his initial decision on August 8, 2001, upholding the removal. At its meeting on December 18, 2001, the Board modified the removal to a 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: Margaret E. L. Howard (Yes)
  Alan Dexter Bowman (Yes)
  Josephine DiRienzo (Abstained)
  Leo R. Vartan (Yes)

B-158 CITY OF CLIFTON
The Director, Division of Human Resource Management, Department of Personnel, requests that an examination announcement for the City of Clifton be opened to residents of Bergen, Morris and Hudson Counties, in addition to the residents of Passaic and Essex Counties.

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

B-159 EARLY SETTLEMENTS
Lorriane Foscolo-Frasco
New Jersey Department of Transportation
Resignation not in good standing

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

Levania Robinson
Woodbridge Developmental Center
Department of Human Services
Ten-day suspension

David Thomas
Woodbine Developmental Center
Department of Human Services
Removal

Jeffrey Vroom
Ramapo College of New Jersey
Released at the end of working test period

James Zollitsch
Department of Environmental Protection
30-day suspension

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 Wednesday, February 13, 2002 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

______________________________
MARGARET E. L. HOWARD
PRESIDING
MERIT SYSTEM BOARD

 
 
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