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

Ida L. Castro, Chairwoman
Alan Dexter Bowman
Josephine DiRienzo
Robert J. Long

A regular meeting of the Merit System Board was held on Wednesday, June 12, 2002, in Trenton, New Jersey.

PRESENT: Chairwoman Ida L. Castro, Merit System Board Members, Josephine DiRienzo, and Robert J. Long; Andrea Grundfest, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.

In accordance with L.1975, c.231, Chairwoman Ida L. Castro 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 March 7, 2002, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Jose Diaz
City of Elizabeth
Department of Recreation
Removal

In the Matter of Evelyn Mayo
Judiciary, Cape May
Release at the end of the working test period

In the Matter of the Estate of Odis Walker
City of Passaic
Community Development
Removal

In the Matter of Shelley Williams
County of Passaic
Department of Youth Services
Suspension

In the Matter of Fred Wisniewski
New Jersey City University
Back pay dispute

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

ACTION: The Merit System Board acknowledged the settlements.

A-2 DAVID BOWENS
David Bowens, County Correction Officer, County of Mercer, Department of Public Safety, appeals a resignation in good standing effective May 28, 1999.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-3 JERRY M. CONTI
Jerry M. Conti, Motor Vehicle Operator, Elderly and Handicapped Persons, County of Mercer, Department of Transportation and Infrastructure, 20-day suspension on charges of conduct unbecoming a public employee, improper conduct towards a fellow employee, insubordination, and misstatement of fact to a supervisor.

Recommendation of the Administrative Law Judge - Reverse the 20-day suspension.

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

A-4 CURTIS C. MORRIS

Curtis C. Morris, Department of Military and Veterans Affairs, Veterans Memorial Home at Paramus, release at the end of the working test period effective April 12, 2000.

Recommendation of the Administrative Law Judge - Uphold the release at the end of the working test period.

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

A-5 FRANCISCO NIEVES
Francisco Nieves, County Correction Lieutenant, Burlington County Jail, demotion to County Correction Sergeant effective April 10, 2000, on charges of incompetency, inefficiency or failure to perform duties, neglect of duty, and violation of rules regarding conduct of superior officers.

Recommendation of the Administrative Law Judge - Uphold the demotion to County Correction Sergeant.

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

A-6 LENA L. FOWLER
Lena L. Fowler, Senior Correction Officer, Edna Mahan Correctional Facility for Women, Department of Corrections, removal effective June 20, 2001, on charges of conduct unbecoming a public employee and violation of rules regarding safety and security precautions, improper or unauthorized contact with inmates, and undue familiarity with inmates, parolees, their families, or friends and personal conduct.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-7 ANN S. JOHNSON
Ann S. Johnson, Library Assistant, Willingboro Public Library, removal effective July 24, 2000, on the charge of violation of the Township's residency ordinance.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-8 TYRONE MAJOR
Tyrone Major, Police Officer, City of Newark, four removals effective July 25, 2000, on charges of excessive absenteeism, failure to comply with the Police Department's internal sick-leave policy, inability to perform duties and violation of Department rules regarding, inter alia, disobedience to orders and incompetency, inefficiency or failure to perform duties.

Recommendation of the Administrative Law Judge - Dismiss three removals and modify one to a 90-day suspension.

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

VOTE: Ida L. Castro, Chairwoman (Yes)
  Alan Dexter Bowman (Abstained)
  Josephine DiRienzo (Yes)
  Robert J. Long (Yes)

A-9 JANICE SANFORD
Janice Sanford, Cottage Training Technician, New Lisbon Developmental Center, Department of Human Services, removal effective November 9, 1999, on the charge of chronic or excessive absenteeism from work without pay.

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

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

SECTION B - MISCELLANEOUS MATTERS
B-1 JONATHAN CREADLE
Jonathan Creadle, represented by David J. DeFillippo, Esq., appeals his rejection as a Police Officer candidate by the Township of Lakewood 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-2 JOSEPH KENT
Joseph Kent 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-3 WILLIAM PIERCE
William Pierce, represented by William T. Smith, Esq., appeals his rejection as a Police Officer candidate by the City of Hackensack 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 this matter be referred for an
independent psychological evaluation.

B-4 PEDRO RODRIGUEZ
Pedro Rodriguez, represented by Fred Shahrooz Scampato, Esq., appeals his rejection as a Fire Fighter candidate by the City of Elizabeth 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 this matter be referred for an
independent psychological evaluation.

B-5 ABDUL RAHMAN SALEEM
Abdul Rahaman Saleem, represented by Robert R. Cannan, Esq., appeals his rejection as a Sheriff's Officer candidate by the County of Essex and its request to remove his name from the eligible list for Sheriff's Officer on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-6 JOHN SCOTT STINSMAN
John Scott Stinsman, represented by Scott E. Diamond, Esq., appeals his rejection as a Police Officer candidate by the Township of Pennsauken 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 denied.

B-7 DAKSHABEN BHATT
Dakshaben Bhatt, a Human Services Assistant with the New Jersey Veterans Memorial Home at Menlo Park, Department of Military and Veterans Affairs, appeals the denial of sick leave injury (SLI) benefits.

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

B-8 WILLIAM DEMARCO
William DeMarco, an Equipment Operator with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.

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

B-9 KENNETH FREEMAN
Kenneth Freeman, Senior Investigator, Secured Facilities at the Adult Diagnostic and Treatment Center (ADTC), Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-10 MORINE REDDIE
Morine Reddie, a Human Services Assistant 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-11 JACQUELYN TILLERY
Jacquelyn Tillery, a Principal Field Representative, Housing (Housing Assistance Program), with the Department of Community Affairs, appeals the denial of sick leave injury (SLI) benefits.

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

B-12 RUTH CARPENTER
Ruth Carpenter appeals the decision of Human Resource Information Services which upheld the removal of her name from the eligible list for Accounting Assistant (M6226B), City of Jersey City, on the basis of her failure to complete pre-employment processing.

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

B-13 CHRISTIAN DEFAZIO
Christian Defazio appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Fire Fighter (M2049A), City of Hoboken, on the basis of his failure to meet the residency requirement.

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

B-14 SCOTT EMERY
Scott Emery appeals the decision of Human Resource Information Services which upheld the removal of his name from the eligible list for County Correction Officer (S9999B), Monmouth County, based upon an unsatisfactory background report.

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

B-15 NORMAN GARRETT
Norman Garrett appeals the decision of the Department of Transportation to bypass his name on the promotional list for Project Engineer, Surface Design (PS2435T).

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

B-16 JERARD INGENITO
Jerard Ingenito, represented by Peter L. Bruso, Esq., appeals the decision of Human Resource Information Services which upheld the removal of his name from the eligible list for Police Aide (M1297B), Atlantic City, based upon an unsatisfactory criminal record.

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

B-17 MICHAEL LIMANDRI
Michael LiMandri, represented by Walter P. Laufenberg, Esq., appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for County Correction Officer (S9999A), Morris County, on the basis of an unsatisfactory criminal record.

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

B-18 RICHARD LUFF
Richard Luff, represented by D. William Subin, Esq., appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999A), Atlantic City, on the basis of an unsatisfactory driving and employment record.

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

B-19 NICOLE OVERTON
Nicole Overton appeals the decision of Human Resource Information Services which upheld the removal of his name from the eligible list for Police Aide (M1297B), Atlantic City, based upon an unsatisfactory background report.

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

B-20 MICHAEL PATTERSON
Michael Patterson, represented by D. William Subin, Esq., 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 Police Aide (M1297B), Atlantic City eligible list due to an unsatisfactory criminal record.

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

B-21 CYNTHIA ROBINSON

Cynthia Robinson appeals the decision of Selection Services that found that the appointing authority had presented a sufficient basis to remove her name from the eligible list for Correction Sergeant (PS7099I) due to an unsatisfactory employment history.

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

B-22 CONSTANCE SPENCE
Constance Spence, represented by Robert R. Hanneman, Jr., Esq., appeals the decision of Human Resource Information Services which upheld the removal of her name from the Police Officer (S9999B), Lakewood Township, eligible list due to the falsification of her employment application.

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

B-23 DAVID R. STRUYK
David R. Struyk, represented by Eric Martin Bernstein, Esq., appeals the decision of Human Resource Information Services which upheld his non-appointment from the Police Sergeant (MP4768P) and PM3779V), Borough of Pompton Lakes, eligible lists.

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

B-24 LA DONNA YOUNG
La Donna Young appeals the decision of Human Resource Information 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 an unsatisfactory criminal record.

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

B-25 MARISUE ASHTON
Marisue Ashton, a Communications Operator, Secured Facilities, at South Woods State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division (EED), 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-26 SALVATORE D'AMICO
Salvatore D'Amico, a Senior Correction Officer with the Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division (EED), with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that he had been subject 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-27 ROBERT J. FRANKLIN
Robert J. Franklin, a Senior Correction Officer with Riverfront State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division (EED), with the DOC stating that the appellant failed to present sufficient evidence to support a finding that he 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-28 PIERCE GRAHAM
Pierce Graham, a former Senior Correction Officer with East Jersey State Prison, Department of Corrections (DOC), appeals the determination of the Director of Equal Employment Division with the DOC, stating that the appellant failed to present 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 matter be held over.

B-29 DAWN GRANT
Dawn Grant, a Senior Correction Officer with Northern State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division (EED), with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that she had been subject to conduct in 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-30 GAIL HARRIS
Gail Harris, a Senior Parole Officer with the State Parole Board, appeals the determination of the Director, Equal Employment Division (EED), with the Department of Corrections (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. It is noted that, at the time of her complaint, the appellant was a Senior Parole Officer with the DOC.

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

B-31 LAVINIA MANGANELLI
Lavinia Mangenelli, Chief of Administrative Support Services, appeals the determination of the Attorney General, for the Equal Employment Opportunity and Affirmative Action Unit (EEO/AA), of the Department of Law and Public Safety, stating that the appellant failed to present sufficient evidence to support a finding that he 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-32 FRANKLIN D. MCARTHUR, JR.
Franklin D. McArthur, Jr., a Senior Correction Officer at the Garden State Reception and Youth Correctional Facility, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division (EED), with the DOC, stating the appellant failed to present sufficient evidence to support a finding that he 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-33 RUSSELL PETERSON
Russell Peterson, a Correction Sergeant with East Jersey State Prison (East Jersey), Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division (EED), with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that he 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-34 CYNTHIA ROBINSON
Cynthia Robinson, 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 subject to conduct in 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-35 DONNA SCOTT-HUNT
Donna Scott-Hunt, a Senior Correction Officer with South Woods State Prison (SWSP), Department of Corrections (DOC), represented by Kevin P. McCann, Esq., appeals the determination of the Director of the Equal Employment Division (EED) 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-36 ELIZABETH R. SOCKRITER
Elizabeth R. Sockriter, an Institutional Trade Instructor 2, Cooking at South Woods State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division (EED), with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that she had been subject to conduct in 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-37 NICOLE STEWART
Nicole Stewart, a Communications Operator Secured Facilities at South Woods State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division (EED), with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that she had been subject to conduct in 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-38 THEODORE WARFIELD
Theodore Warfield, a Senior Correction Officer at New Jersey State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division, with the DOC, stating that the appellant failed to present sufficient evidence to support a finding 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-39 TERRI BAKER
Terri Baker, a Senior Food Service Handler at Vineland Developmental Center, Department of Human Services, petitions the Merit System Board for reconsideration of the final decision, rendered on January 29 2002, which dismissed her appeal as moot.

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

B-40 ERIC BLANDING
Eric Blanding, a former Firefighter, City of Newark, petitions the Merit System Board (Board) for reconsideration of the final administrative decision rendered December 18, 2001, in which the Board dismissed Blanding's appeal of his removal, effective January 20, 1998, without prejudice based on Blanding's failure to appear at his scheduled hearing.

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

VOTE: Ida L. Castro, Chairwoman (Yes)
  Alan Dexter Bowman (Abstained)
  Josephine DiRienzo (Yes)
  Robert J. Long (Yes)

B-41 DENNIS A. PENNY
Dennis A. Penny, a former Senior Correction Officer with the Adult Diagnostic and Treatment Center, Department of Corrections (DOC), petitions the Merit System Board (Board) for reconsideration of the final administrative decision rendered December 18, 2001, in which the Board dismissed Penny's appeal of his removal, effective February 3, 2000, without prejudice based on Penny's failure to appear at his scheduled hearing.

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

B-42 WILLIAM BRENNAN
William Brennan, a Fire Fighter with the Teaneck Fire Department, represented by Frances Farber-Walter, Esq., petitions the Merit System Board for reconsideration of that part of the final administrative rendered on January 29, 2002, which awarded him partial counsel fees. The appointing authority, represented by Aaron C. Schlesinger, Esq., also cross-petitions the Board for reconsideration seeking to reverse the counsel fee award.

ACTION: The Merit System Board denied both requests for reconsideration.

B-43 THOMASINA SHANKS

Thomasina Shanks, a Practical Nurse at Woodbridge Developmental Center, represented by Lester E. Taylor, III, Esq., petitions the Merit System Board for reconsideration of the final decision rendered on November 20, 2001, which upheld the denial of her request for a reasonable accommodation.

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

B-44 EDWARD WERRELL
The Department of Corrections requests reconsideration of the attached August 28, 2001 Merit System Board decision, which directed that the appellant be granted sick leave injury (SLI) benefits.

ACTION: The Merit System Board granted the request for reconsideration,
but denied the appellant's request for SLI benefits.

B-45 JOSEPH HAUG
Joseph Haug, a Chief Ranger 1 with the Department of Environmental Protection, represented by Richard D. Fornaro, Esq., petitions the Merit System Board for four hours of pay on November 27, 2001 and counsel fees.

ACTION: The Merit System Board granted the petition for four hours of pay,
but denied the request for counsel fees.

B-46 DARRIS JOHNSON
Darris Johnson, a Senior Correction Officer at Northern State Prison, Department of Corrections, represented by Michael Robbins, Esq., petitions the Merit System Board for back pay following the dismissal of charges. Appellant also requests counsel fees for his representation in this matter.

ACTION: The Merit System Board granted the appellant back pay in the
gross amount of $90,164.72, but denied the request for counsel
fees.

B-47 RENALDO A. KING
Renaldo A. King, a Building Maintenance Worker with Burlington County represented by Steve Jarema, Senior Staff Representative, CWA Local 1034, appeals his resignation in good standing effective September 29, 2000.

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

B-48 CHARLES S. MEYERS
Charles S. Meyers, represented by Steven J. Kossup, Esq., and the County of Passaic, represented by Karen Brown, Assistant County Counsel, petition the Merit System Board for acknowledgement of the settlement agreement reached by the parties, which provides for Myers' appointment as a County Correction Sergeant.

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

B-49 CODE ENFORCEMENT OFFICER (M6229B), CITY OF JERSEY CITY
The appointing authority's failure to properly dispose of the certification for Code Enforcement Officer, while two provisional appointees are serving in the title, has been referred to Merit System Board for enforcement.

ACTION: The Merit System Board ordered the appointing authority to
remove the provisional appointees, make an appointment from the
certification and pay compliance costs.

B-50 GENERAL SUPERVISOR, BUILDING SERVICE (PM1143B), NEWARK SCHOOL DISTRICT
The appointing authority's failure to properly dispose of the certification for General Supervisor, Building Service while two provisional appointees are serving in title, has been referred to the Merit System Board for enforcement.

ACTION: The Merit System Board ordered the appointing authority to
remove the provisional appointees, make an appointment from the
certification and pay compliance costs.

B-51 WELARE INVESTIGATOR (M1472C), CITY OF EAST ORANGE
The appointing authority's failure to properly dispose of the certification for Welfare Investigator, while two provisional appointees are serving in the title, has been referred to the Merit System Board for enforcement.

ACTION: The Merit System Board ordered the appointing authority to
remove the provisional appointees, make an appointment from the
certification and pay compliance costs.

B-52 WARREN GRIFFITH AND AUSTIN JACKSON
The appeals of Warren Griffith and Austin Jackson, Police Officer with the City of Newark, of their 30-day suspensions beginning November 9, 1998 on charges, were heard by Administrative Law Judge Elinor R. Reiner (ALJ), who rendered her initial decision on April 15, 2002, modifying the penalties to 20-day suspensions. At its meeting on May 29, 2002, the Merit System Board (Board) reversed the 30-day suspensions. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Ida L. Castro, Chairwoman (Yes)
  Alan Dexter Bowman (Abstained)
  Josephine DiRienzo (Yes)
  Robert J. Long (Yes)

B-53 PATRICELLA JACKSON
The appeal of Patricella Jackson, Communications Operator, East Jersey State Prison, Department of Corrections, of her removal effective February 14, 2001, on charges, was heard by Administrative law Judge William S. Jeremiah (ALJ), who rendered his initial decision on March 21, 2002. At its meeting on May 29, 2002 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: Ida L. Castro, Chairwoman (Yes)
  Alan Dexter Bowman (Abstained)
  Josephine DiRienzo (Yes)
  Robert J. Long (Yes)

B-54 HARRY WILLIAMS
The appeals of Harry Williams, a Senior Correction Officer with Northern State Prison, Department of Corrections, of his five-day and 15-day suspensions, on charges, were heard by Administrative Law Judge Barry N. Frank (ALJ), who rendered his initial decision on April 15, 2002. At its meeting on May 29, 2002, the Merit System Board (Board) adopted the ALJ's recommendation to reverse the appellant's five-day suspension and to modify his 15-day suspension to a four-day suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Ida L. Castro, Chairwoman (Yes)
  Alan Dexter Bowman (Abstained)
  Josephine DiRienzo (Yes)
  Robert J. Long (Yes)

B-55 TERRANCE CROWDER, ET AL.
Terrance Crowder, represented by Harold George, Esq., Robert Zieniuk, represented by Michael Miller, Esq., Kevin Hailey, Michael Harper, and Paul Price, Sr., appeal the decisions of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Fire Chief (PM3529A), City of Camden.

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

B-56 GEORGE DARBY, ET AL.
George Darby, Glenn Davis and Gerald Grande appeal the decisions of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Equipment Operator (PC2081C), Essex County.

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

B-57 DOROTHY C. EZEUKA AND JOSEPH HORNEFF

Dorothy C. Ezeuka and Joseph Horneff appeal the determination of the Division of Selection Services which found that they did not meet the education and/or experience requirements for the open-competitive examination for Auditor 2 (S6509C).

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

B-58 DEBORAH JONES
Deborah Jones appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the Assistant Supervisor Criminal Information Unit (PM1151C), Berkeley Township promotional examination.

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

B-59 OSMAN KABBA
Osman Kabba appeals the determination of the Division of Selection Services which found that he did not meet the education requirements for the open competitive examination for Labor Market Analyst Trainee (S6212A), Department of Labor.

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

B-60 KATHLEEN NARCUM
Kathleen Narcum 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 Contract Administrator 1 (PS8814K), Division of Youth and Family Services.

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

B-61 LISA PEDALINO AND ANGELA RIVERA
Lisa Pedalino and Angela Rivera appeal the decisions of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Administrative Secretary (PC1862B), Essex County.

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

B-62 ELIZABETH RUTTLER
Elizabeth Ruttler appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Personnel Assistant (PC1755B), Hudson County.

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

B-63 DAVID HAMILTON
David Hamilton appeals his score on the oral portion of the examination for first level Fire Captain (PM3626A), Nutley.

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

B-64 JOHN HUND AND DOMENICK DISIMONE
John Hund appeals his score on the oral portion of the examination for first level Fire Captain (PM3626A), Nutley. Domenick DiSimone challenges the integrity of the testing process.

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

B-65 DAVID WILSON
David Wilson appeals his score on the oral portion of the examination for first level Fire Captain (PM3626A), Nutley.

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

B-66 WILLIAM BRENNAN
William Brennan appeals his score on the oral portion of the examination for Fire Lieutenant (PM2637A), Teaneck.

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

B-67 HARRY DONEMAN, JR.
Harry Doneman, Jr. appeals his score on the oral portion of the examination for Fire Lieutenant (PM2569A), Hoboken.

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

B-68 DOUGLAS GLEISEN
Douglas Gleisen appeals his score for the oral portion of the examination for Fire Lieutenant (PM2637A), Teaneck.

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

B-69 PEDRO GONZALEZ
Pedro Gonzalez appeals his score on the oral portion of the examination for Fire Lieutenant (PM2569A), Hoboken.

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

B-70 KEITH LUDWIG
Keith Ludwig, represented by Gregory A. Busch, Esq., appeals his score on the oral portion of the examination for Fire Lieutenant (PM2640A), New Brunswick.

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

B-71 PIETRO MARTINO
Pietro Martino appeals his score on the oral portion of the examination for Fire Lieutenant (PM2572A), Plainfield.

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

B-72 MICHAEL MCKENZIE

Michael McKenzie appeals his score on the oral portion of the examination for Fire Lieutenant (PM2640A), New Brunswick.

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

B-73 EDWARD MULLER
Edward Muller appeals his score on the oral portion of the examination for Fire Lieutenant (PM2640A), New Brunswick.

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

B-74 GEOFFREY PLUMMER
Geoffrey Plummer appeals his score on the oral portion of the examination for Fire Lieutenant (PM2572A), Plainfield.

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

B-75 ALBERT RENTAS
Albert Rentas appeals his score on the oral portion of the examination for Fire Lieutenant (PM2569A), Hoboken.

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

B-76 JOSEPH SCHISANI
Joseph Schisani appeals his score on the oral portion of the examination for Fire Lieutenant (PM2569A), Hoboken.

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

B-77 VICTOR SMITH
Victor Smith appeals his score on the oral portion of the examination for Fire Lieutenant (PM2572A), Plainfield.

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

B-78 ALFONSO TARTAGLIA
Alfonso Tartaglia appeals his score on the oral portion of the examination for Fire Lieutenant (PM2569A), Hoboken.

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

B-79 WALTER THOMPSON
Walter Thompson appeals his score on the oral portion of the examination for Fire Lieutenant (PM2572A), Plainfield.

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

B-80 KEVIN TOOMEY
Kevin Toomey appeals his score on the oral portion of the examination for Fire Lieutenant (PM2569A), Hoboken.

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

B-81 THOMAS VAN LIEW
Thomas Van Liew appeals his score on the oral portion of the examination for Fire Lieutenant (PM2640A), New Brunswick.

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

B-82 LEONARD CALVO
Leonard Calvo appeals his score on the oral portion of the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Service.

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

B-83 RAYMOND D'AMBROSIO
Raymond D'Ambrosio appeals his score on the oral portion of the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Service.

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

B-84 FRANCIS KEMP
Francis Kemp appeals his score on the oral portion of the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Service.

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

B-85 JAMES LEMKE
James Lemke appeals his score on the oral portion of the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Service.

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

B-86 DANIEL LIBERATI
Daniel Liberati appeals his score on the oral portion of the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Service.

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

B-87 DOMINIC LORENZO
Dominic Lorenzo appeals his score on the oral portion of the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Service.

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

B-88 MARK MASTERSON
Mark Masterson appeals his score on the oral portion of the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Service.

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

B-89 SEAN MCLELLAN
Sean McLellan appeals his score on the oral portion of the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Service.

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

B-90 KIRK MIICK
Kirk Miick appeals his score on the oral portion of the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Service.

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

B-91 GARY MUREO
Gary Mureo appeals his score on the oral portion of the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Service.

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

B-92 JOHN O'SULLIVAN
John O'Sullivan appeals his score on the oral portion of the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Service.

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

B-93 ROBERT PISANI
Robert Pisani appeals his score on the oral portion of the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Service.

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

B-94 JOSE RODRIGUEZ
Jose Rodriguez appeals his score on the oral portion of the examination for Fire Officer 1 (2508B), North Hudson Regional Fire and Rescue Service.

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

B-95 ALBERT SALVESEN
Albert Salvesen appeals his score on the oral portion of the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Service.

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

B-96 DOMINIC SICO
Dominic Sico appeals his score on the oral portion of the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Service.

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

B-97 BRIAN STAHL
Brian Stahl appeals his score on the oral portion of the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Service.

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

B-98 THOMAS TORMEY
Thomas Tormey appeals his score on the oral portion of the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Service.

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

B-99 ORLANDO TRUJILLO
Orlando Trujillo appeals his score on the oral portion of the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Service.

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

B-100 DREW VAGTS
Drew Vagts appeals his score on the oral portion of the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Service.

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

B-101 MOISES VALDES
Moises Valdes appeals his score on the oral portion of the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Services.

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

B-102 STEFAN VASSALLO
Stefan Vassallo appeals his score on the oral portion of the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Service.

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

B-103 PRISCILLA CARRANO AND GEORGE DIAMENT
Priscilla Carrano and George Diament appeal their scores on the promotional examination for District Supervisor Labor (PS4928N), Department of Labor.

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

B-104 LARRY CHESTNUT
Larry Chestnut appeals his score on the promotional examination for Geographic Information Systems Specialist 1 (PS9556T), Department of Transportation.

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

B-105 CYNTHIA ALEXANDER
Cynthia Alexander, represented by David B. Beckett, Esq., requests a retroactive permanent appointment date of her Senior Clerk Typist appointment in lieu of the currently assigned effective date of June 28, 2001. It is further requested that she be allowed to submit a late application to the Principal Clerk Typist (PC0059C) promotional examination.

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

B-106 EMPLOYMENT SERVICES TRAINEE AND EMPLOYMENT SERVICES TRAINEE, BILINGUAL
The Acting Assistant Commissioner, State and Local Operations, requests that the titles of Employment Services Trainee and Employment Services Trainee, Bilingual, within the Department of Labor be allocated to the noncompetitive division of the career service on an interim basis where lists currently do not exist.

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

B-107 MICHAEL CALIENTE
Michael Caliente appeals his score on the oral portion of the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Service.

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

B-108 RICHARD HESS
Richard Hess appeals his score on the oral portion of the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Service.

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

B-109 MARCO INDRI
Marco Indri appeals his score on the oral portion of the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Service.

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

B-110 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of May 29, 2002 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of
May 29, 2002.

VOTE: Ida L. Castro, Chairwoman (Yes)
  Alan Dexter Bowman (Abstained)
  Josephine DiRienzo (Yes)
  Robert J. Long (Yes)

B-111 CURTIS GERMANY
The appeal of Curtis Germany, a Security Guard with the State-Operated School District of Newark, of his removal effective December 1, 1998 on charges, was heard by Administrative Law Judge Jeffrey A. Gerson (ALJ), who rendered his initial decision on March 4, 2002, upholding the removal. At its meeting on May 15, 2002, 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.

B-112 DOLORES PHILLIPS
The appeals of Dolores Phillips, Senior Parole Officer, Division of Parole and Community Programs, Department of Corrections, of her 10-day suspension, 20-day suspension, removal effective May 18, 1998, and resignation not in good standing effective May 18, 1998, all on charges, were heard by Administrative Law Judge Michael L. Ravin (ALJ), who rendered his initial decision on December 31, 2001, reversing all of the charges and penalties. At its meeting on May 15, 2002, the Merit System Board (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.

B-113 TERESA SPALDING
The appeal of Teresa Spalding, a County Correction Officer with Burlington County, of her 10-day suspension and removal effective December 22, 2000 on charges, was heard by Administrative Law Judge Kathryn A. Clark (ALJ), who rendered her initial decision on April 9, 2002, reversing the suspension and removal. At its meeting on May 15, 2002, the Board ordered that the matter be remanded to the Office of Administrative Law. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-114 ROBERT S. BLADES
The appeal of Robert S. Blades, a County Correction Officer at Burlington County Detention Center, Department of Corrections, of his removal effective April 6, 2000 on charges, was heard by Administrative Law Joseph F. Martone (ALJ), who rendered his initial decision on April 23, 2002. At its meeting on May 29, 2002, the Board did not adopt the ALJ's recommendation to uphold the removal. Rather, the Board modified the removal to a six-month suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Ida L. Castro, Chairwoman (Yes)
  Alan Dexter Bowman (Abstained)
  Josephine DiRienzo (Yes)
  Robert J. Long (Yes)

B-115 PROPOSED NEW RULES NJA.C. 4A:1-2.1 THROUGH 2.11
PROPOSED REPEAL N.J.A.C. 4A:1-2.1 AND 2.2
PROPOSED AMENDMENTS N.J.A.C. 4A:4-2.16 AND 4A:6-4.10

It is recommended that the proposed new rules N.J.A.C. 4A:1-2.1 through 2.11, the proposed repeal of N.J.A.C 4A:1-2.1 and 2.2, and the proposed amendments to N.J.A.C. 4A:4-2.16 and 4A:6-4.10, which would implement the recently enacted Open Public Records Act, be approved for publication in the New Jersey Register.

ACTION: The Merit System Board approved the proposed new rules and
amendments for publication.

There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, June 26, 2002 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

______________________________
IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD

 
 
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