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

Margaret E.L. Howard, Presiding
Alan Dexter Bowman
Robert J. Long

A regular meeting of the Merit System Board was held on Tuesday, September 10, 2002 in Trenton, New Jersey.

PRESENT: Margaret E. L. Howard, Presiding Board Member and Merit System Members, Alan Dexter Bowman, Robert J. Long; Elizabeth Laufer, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.

In accordance with L.1975, c.231, 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 August 2, 2002, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

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

TO: Ida L. Castro
Commissioner

FROM: Elizabeth Van Marter
Acting Director, Human Resource Management

SUBJECT: Change in the State Classification Plan

DATE: August 14, 2002

DEPARTMENT OF HEALTH AND SENIOR SERVICES
The Department of Health and Senior Services has requested the reallocation of position # 064077, currently classified in the title, Research Scientist, (X98) to the Senior Executive Service (M98).

The position reports directly to the Assistant Commissioner of Public Health and Environmental Laboratories, and functions as the Director of Clinical Laboratory Improvement Services. Major responsibilities of the position include the following: developing and executing Division policy; directing the regulatory processes which apply to licensing, inspecting and monitoring of clinical laboratories and blood banks in New Jersey; directing the Proficiency Testing Program; administering Federal CLIA grant activities and related federal inspections; overseeing the investigation of fraud and unsafe laboratory practices; and directing regulatory and punitive measures mandated by the Department of Health and Senior Services.

The position meets the criteria for the Senior Executive Service in that it has substantial managerial responsibility for work that furthers the mission of the Department. In this capacity it possesses unrestricted operational freedom to direct regulatory and inspection processes of the Division of Public Health and Environmental Laboratories, and has primary fiscal and programmatic responsibility for the Division. Failure of the position to respond to changes in technology and/or methodology relating to the clinical laboratory program, or to respond appropriately to unsafe clinical laboratory practices, could result in serious consequences to the health and safety of the citizens of New Jersey.

I recommend approval of this request.

REALLOCATION OF SERVICE
Effective: 4/6/2002

FROM:Position # 064077 TO: Position # 064077
X 98 - 01768 M 98 - 90752

DATE: August 14, 2002

TO: Ida L. Castro, Commissioner
Department of Personnel

FROM: Elizabeth Van Marter, Acting Director
Division of Human Resources Management

SUBJECT: Change in the State Classification Plan

DEPARTMENT OF ENVIRONMENTAL PROTECTION
The Department of Environmental Protection requests the restructuring and consolidation of the Superintendent, Parks and Forestry title series. It involves the renaming and upward shift of the levels of the existing title series, the transfer of incumbents in title to their new levels with retention of existing status, and the elimination of one title. This change is due to a flattening in the organization resulting from a decentralization of regional administration duties and to address a recruitment problem at the lowest level. The Department intends to process this as a "no-pain, no-gain" transaction, in that incumbents will be moved to the new range with their current salary. The appropriate negotiations representatives have been made aware of this request.

The restructuring is summarized as follows:

  • The existing Assistant Regional Superintendent, Parks and Forestry, currently unencumbered, will be renamed to Superintendent, Parks and Forestry 1.
  • The existing Superintendent, Parks and Forestry 1 will be renamed to Superintendent, Parks and Forestry 2.
  • The existing Superintendent, Parks and Forestry 2 will be renamed to Superintendent, Parks and Forestry 3.
  • The existing Superintendent, Parks and Forestry 3 will be renamed to Superintendent, Parks and Forestry 4.
  • Superintendents, Parks and Forestry 1 will be appointed from their current level, S28-02754 to the renamed level, S30-02764.
  • Superintendents, Parks and Forestry 2 will be appointed from their current level, S26-02753, to the renamed level, S28-02754.
  • Superintendents, Parks and Forestry 3 will be appointed from their current level, S24-02752, to the renamed level, S26-02743.
  • Superintendents, Parks and Forestry 4 will be appointed from their current level, S21-02751, to the renamed level, S24-02752.
  • The existing Superintendent, Parks and Forestry 4 will be inactivated.

RESTRUCTURING AND CONSOLIDATION OF TITLE SERIES
Effective: 11/17/01

FROM: TO:
Asst Regional Superintendent, Parks & Forestry
cc29, S30-02764
Superintendent, Parks & Forestry 1
cc29, S30-02764

 

Superintendent, Parks & Forestry 1
cc27, S28-02754

Superintendent, Parks & Forestry 2
cc27, S28-02754

 

Superintendent, Parks & Forestry 2 cc25, S26-02753

Superintendent, Parks & Forestry 3
cc25, S26-02743

 

Superintendent, Parks & Forestry 3
cc23, S24-02752

Superintendent, Parks & Forestry 4
cc23, S24-02752
AND
Superintendent, Parks & Forestry 4
cc20, S21-02751
 

ELIMINATION OF TITLE
Effective: 11/17/01

Superintendent, Parks & Forestry 4
cc20, S21-02751

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Orlando Chandler
City of Camden Housing Authority
Removal

In the Matter of Stephen Cornick
City of Newark
Police Department
Removal

In the Matter of James Davis
City of Jersey City Library
(2) suspensions and removal

In the Matter of James Lennon
Department of Transportation
Release at the end of the working test period

In the Matter of Tyrone Moore
City of Newark
Police Department
(2) suspensions

In the Matter of Pamela Norman
Township of Sparta
Department of Public Works
Removal

In the Matter of the Estate of Kevin Schneider
Southern State Correctional Facility
Department of Corrections
Removal

 

In the Matter of Renee Triolo
Mid-State Correctional Facility
Department of Corrections
Resignation not in good standing

RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements.

A-2 CYNTHIA BAKER
Cynthia Baker, Police Officer, City of Newark, Police Department, ten-day suspension on charges of violation of Police Department rules regarding insubordination, neglect of duty, misuse of public property, and obedience to orders.

Recommendation of the Administrative Law Judge - Modify the ten-day suspension to an eight-day suspension.

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

A-3 STEVEN ECKEL
Steven Eckel, Sheriff's Officer, County of Middlesex, Sheriff's Department, 20½-day suspension on the charge of violation of Department rules regarding standard of conduct toward superiors, subordinates and the public.

Recommendation of the Administrative Law Judge - Uphold the 20½-day suspension.

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

A-4 JAMES FRAZILUS
James Frazilus appeals the request of the Department of the Treasury to remove his name from the Auditor Accountant Trainee (S6389B) eligible list based on inability to communicate effectively in English in order to perform the duties of the position.

Recommendation of the Administrative Law Judge - Uphold the removal from the eligible list for Auditor Accountant Trainee (S6389B).

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

A-5 CHARLES FUNCHES
Charles Funches, Custodial Worker, City of Jersey City School District, 30-day suspension on charges of conduct unbecoming a public employee, fighting and neglect of duty.

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

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge to uphold the suspension only.

A-6 ANTHONY RICHBURG
Anthony Richburg, Juvenile Detention Officer, County of Hudson, Department of Corrections, fine of $1,884.80 (20 days' pay) on charges of neglect of duty and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the fine of $1,884.80.

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


A-7 ELAINE WATSON
Elaine Watson, Secretarial Assistant 3 Non-Stenographic, Rowan University, appeals the return to her formerly held permanent title at the end of the working test period.

Recommendation of the Administrative Law Judge - Uphold the return to the formerly held permanent title at the end of the working test period.

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

A-8 DONALD HICKERSON
Donald Hickerson, Correction Sergeant, Central Reception and Assignment Facility, Department of Corrections, removal effective April 3, 2000, on the charge of unsatisfactory attendance.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-9 SAMUEL LISA
Samuel Lisa, Police Officer, City of East Orange, Police Department, removal effective September 29, 2000, on charges of neglect of duty and violation of Police Department rules regarding standard of conduct, performance of duty, obedience to laws and regulations and other sufficient cause, namely, testing positive for cocaine.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-10 WAYNE MACK
Wayne Mack, Grounds Worker, William Paterson University, fine of $99.88 (one day's pay) and removal effective January 2, 2001, on charges of conduct unbecoming a public employee, neglect of duty, misuse of public property, and other sufficient cause.

Recommendation of the Administrative Law Judge - Dismiss the appeal with prejudice.

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

A-11 GERALDINE MILLER
Geraldine Miller, Human Service Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal effective March 23, 2001, on the charge of physical abuse of a patient.

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.

VOTE: Margaret E. L. Howard (No)
  Alan Dexter Bowman (Yes)
  Robert J. Long (Yes)

A-12 CHRIS SILVA
Chris Silva, Police Captain, Township of Little Egg Harbor, Police Department, removal effective April 22, 1998, on charges of, inter alia, misconduct, incompetency, inefficiency, failure to perform duties, conduct unbecoming a public employee, neglect of duty and violations of numerous department rules and regulations.

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

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

A-13 JOHNNY WALCOTT
Johnny Walcott, Assistant Supervisor Public Works, City of Plainfield, Department of Public Works and Urban Development, 1) 15-day suspension on the charge of neglect of duty and 2) two removals effective October 6, 2000, on charges of neglect of duty, insubordination or serious breach of discipline, and, inter alia, conduct becoming a public employee.

Recommendation of the Administrative Law Judge - Dismiss for lack of prosecution.

ACTION: The Merit System Board acknowledged the settlement and directed that the appellant be recorded as resigned in good standing.

A motion was made and seconded that the open session be recessed and that, pursuant to Section 12(b) of the Open Public Meetings Act, the Merit System Board entered into Executive Session for the purpose of legal advice on the matter of A-14 Thomas Wills. The Board subsequently reconvened the public meeting.

A-14 THOMAS WILLS
Thomas Wills, Automotive Mechanic, Department of Transportation, removal effective March 9, 2001, on the charge of violation of Federal regulations concerning drug and alcohol use by and testing of employees who perform functions related to the operation of commercial motor vehicles, and state and local policies issued thereunder.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

 

A-15 JOSE MARTINEZ
Jose Martinez, Police Officer, City of Newark, Police Department, four-month suspension on charges of violation of Police Department rules regarding absence without leave, unauthorized absence, accessibility to department surgeons and superior officers, malingering, efficiency and cooperation, and neglect of duty. This matter was held over from the Merit System Board meeting of July 31, 2002 for lack of quorum.

Recommendation of the Administrative Law Judge - Uphold the four-month suspension.

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

A-16 DAWN MOORE
Dawn Moore, Laborer, Township of Dennis, Department of Public Works, removal effective November 16, 2000, on the charge of inability to perform duties. This matter was held over from the Merit System Board meeting of June 26, 2002.

Recommendation of the Administrative Law Judge - Modify the removal to a resignation in good standing.

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

A-17 SETTLEMENTS
In the Matter of Sunday Akhator
Department of Treasury
Release at the end of the working test period

In the Matter of Brian Cantery
Ancora Psychiatric Hospital
Department of Human Services
Suspension

In the Matter of Jeffrey Kneipp
Mountainview Youth Correctional Facility
Department of Corrections
Removal

In the Matter of Constance Pearson
County of Essex
Release at the end of the working test period

In the Matter of Iyana Sheffield
Department of Treasury
Resignation not in good standing

In the Matter of Nicholas Walsifer
Borough of Belmar
Department of Public Safety
Suspension

In the Matter of Anita Warner
Township of Long Beach
Removal

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

ACTION: The Merit System Board acknowledged the settlements.

A-18 ALFRED H. JONES, JR.
Alfred H. Jones, Jr., Therapy Program Assistant, Woodbridge Developmental Center, Department of Human Services, ten-day suspension on the charge of being absent from work without permission and without giving proper notice of intended absence.

Recommendation of the Administrative Law Judge - Modify the ten-day suspension to a 20-day suspension.

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

A-19 JOYCE SHOFF
Joyce Shoff, Investigator 2, Vicinage XV, Judiciary, six-day suspension, on the charge of failure to perform duties.

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-20 KETLINE CHARLOT

Ketline Charlot, Human Services Assistant, Woodbridge Developmental Center, Department of Human Services, removal effective November 19, 2001, on the charge of intentional misstatement of material fact in connection with pre-employment physical.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-21 WILLIAM C. KLUSARITZ, JR.
William C. Klusaritz, Jr., Principal Accountant, County of Cape May, Treasurer's Office, removal effective November 18, 1997, on charges of incompetency, inefficiency, or failure to perform duties, insubordination, and inability to perform duties.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-22 NORMAN PETERS
Norman Peters, Senior Correction Officer, Southern State Correctional Facility, Department of Corrections, removal effective January 20, 2002, on the charge of abandonment of job as a result of absence from work as scheduled without permission for five consecutive days.

Recommendation of the Administrative Law Judge - Dismiss the appeal.

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

A-23 CHARLES POPOVICH
Charles Popovich, Habilitation Plan Coordinator, New Lisbon Developmental Center, Department of Human Services, removal effective July 18, 2001, on charges of inappropriate physical contact, violation of policy or procedures and intentional misstatement of material fact.

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

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

A-24 KATHLEEN RHOADS
Kathleen Rhoads, Omnibus Operator, County of Atlantic, Department of Human Services, removal effective November 22, 2000, on charges of insubordination, inability to perform duties, conduct unbecoming a public employee, and neglect of duty.

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

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a 15-day suspension.

A-25 JOHN SODEN
John Soden, Senior Probation Officer, Mercer Vicinage, Judiciary, removal effective December 21, 2000, on charges of conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-26 JOSEPH VISCUSO - SETTLEMENT
Joseph Viscuso, Fire Captain, Town of Kearny, 15-day suspension, on charges of insubordination, conduct unbecoming a public employee and other sufficient causes. Settled to a seven (calendar) day suspension.

Recommendation of the Administrative Law Judge - Acknowledge the settlement.

ACTION: The Merit System Board acknowledged the settlement.

SECTION B - MISCELLANEOUS MATTERS
B-1 JORGE GUERRERO
Jorge Guerrero appeals his rejection as a Sheriff's Officer, Bilingual in Spanish and English, candidate by the County of Hudson and its request to remove his name from the eligible list for Sheriff's Officer, Bilingual in Spanish and English, (S9999A) on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-2 GIL GONZALEZ
Gil Gonzalez appeals his rejection as a Sheriff's Officer, Bilingual in Spanish and English, candidate by the County of Hudson and its request to remove his name from the eligible list for Sheriff's Officer, Bilingual in Spanish and English, (S9999A) 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 ALEX JACOBO
Alex Jacobo, represented by Chester S. Kidell, Esq., appeals his rejection as a Police Officer candidate by the City of Plainfield 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 denied.

B-4 MICHELLE A. MCGHEE
Michelle A. McGhee 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-5 SCOTT NEVILL
Scott Nevill appeals his rejection as a County Correction Officer candidate by the County of Hudson and its request to remove his name from the eligible list for County Correction Officer on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-6 BEVERLY ARVIN
Beverly Arvin, a former Family Service Specialist 2, with the Division of Youth and Family Services (DYFS), Department of Human Services, represented by Emanuel Needle, Esq., appeals the denial of sick leave injury (SLI) benefits. It is noted that the appellant resigned from State service, effective April 5, 2002.

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

B-7 DHARMESH CHADHA
Dharmesh Chadha, a Head Procurement Clerk with Ann Klein Forensic Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-8 MARIE COSTA
Marie Costa, a Technician, Management Information Systems 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 granted in part.

B-9 LEANNA GREENE
Leanna Greene, a former Human Services Technician at Trenton Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-10 BLANCHE GROSS
Blanche Gross, a Youth Worker with the Division of Youth and Family Services, 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 JEFF MASON
Jeff Mason, a Senior Wildlife Worker with the Department of Environmental Protection, appeals the denial of sick leave injury (SLI) benefits.

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

B-12 LINDA SOLOMON
Linda Solomon, a Human Services Assistant 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-13 GERALDINE WILLIAMSON
Geraldine Williamson, a Human Services Technician with Trenton Psychiatric Hospital, Department of Human Services, represented by Paul A. Devlin, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-14 THOMAS I. AL YASHA
Thomas I. Al Yasha appeals the determination of Human Resource Information Services (HRIS), which upheld the removal of his name from the Electrician (S0554B) eligible list on the basis of his failure to respond to the Notice of Certification. The appellant also appeals his non-appointment from the Electrician (S0554B) eligible list for Albert C. Wagner Youth Correctional Facility and the Police Officer Recruit - Health Care Facilities (S9999A) eligible list for the Department of Human Services.

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

B-15 ANTHONY ARANEO
Anthony Araneo appeals the determination 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 Stationary Engineer (S6298B), County of Essex for failure to satisfy the license requirement.

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

B-16 DOMINIC BARRETT
Dominic Barrett appeals the decision of Human Resource Information Services, which found that the City of Camden had presented a sufficient basis to remove the appellant's name from the Fire Fighter (M2013A) eligible list on the basis that the appellant resided outside the residency scope.

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

B-17 RAYMOND J. BURGESS, III
Raymond J. Burgess, III appeals his non-appointment from the eligible list for Police Officer (S9999B), Township of Delran.

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

B-18 JOHN CENTRELLA
Brick Township, (Township) represented by James L. Plosia, Esq., appeals the decision of Human Resource Information Services, which found that the Township had not presented a sufficient basis to remove John Centrella's name from the Police Officer (S9999B) eligible list.

ACTION: The Merit System Board directed that this appeal be granted and Mr. Centrella's name be removed from the eligible list.

B-19 JOSEPH CHAPMAN
Joseph Chapman appeals the decision of Human Resource Information Services (HRIS), which upheld the removal of his name from the Municipal Court Administrator (M6774A), Borough of Fair Lawn, eligible list due to his failure to complete preemployment processing.

ACTION: The Merit System Board granted a hearing.

B-20 ELVIS COLLADO
Elvis Collado appeals the removal of his name from the eligible list for Police Officer (S9999A), City of Newark on the basis of an unsatisfactory background report.

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

B-21 YOLANDA DE JESUS
Yolanda De Jesus 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 Investigator, Public Defender, Bilingual in Spanish and English (S6298B), Office of the Public Defender for failure to satisfy the experience requirement.

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

B-22 RICHARD HARTOBEY
Richard Hartobey, represented by Fred Shahrooz Scampato, Esq., appeals the decision of Human Resource Information Services (HRIS), which removed his name from the eligible list for Correction Officer Recruit (S9999B), Juvenile Justice Commission on the basis of the appellant's unsatisfactory driving record.

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

B-23 KEITH HINTON
Keith Hinton, represented by Robert R. Cannan, Esq., appeals his non-appointment from the eligible list for Police Lieutenant (PM1350W), City of East Orange.

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

B-24 BRIAN HOIBERG
Brian Hoiberg, represented by David J. DeFillippo, Esq., appeals the decision of Human Resource Information Services (HRIS), which upheld the bypass of his name from the Police Sergeant (PM2559B) eligible list, Township of North Brunswick.

ACTION: The Merit System Board granted a hearing.

B-25 RAYMOND H. JOLLY, JR.
Raymond H. Jolly, Jr., represented by Sidney H. Lehmann, Esq., appeals the decision of Human Resources Information Services (HRIS), which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Fire Fighter (M2031A), City of Trenton, on the basis of falsification of his preemployment application.

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

B-26 ARTHUR F. MAGRANN, JR.
Arthur F. Magrann, Jr., appeals the decision of Human Resource Information Services, which denied his appeal of the removal of his name from the special reemployment list for Laborer, Camden County, on the basis that he declined his original position three times.

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

B-27 RICHARD MCLAUGHLIN
Richard McLaughlin, a Correction Sergeant at the Garden State Reception and Youth 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 he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment for Hostile Environments in the Workplace.

ACTION: The Merit System Board directed that this appeal be dismissed since no further action is required.

B-28 LUIS A. SANCHEZ, JR.
The City of Camden (City), represented by Marc A. Riondino, Assistant City Attorney, appeals the decision of Human Resource Information Services (HRIS), which found that it did not present a sufficient basis to remove Luis Sanchez' name from the Fire Fighter (M2013A) eligible list.

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

B-29 LOUIS H. TARANTO, JR.
Louis H. Taranto, Jr., an Acting Lieutenant with the Division of State Police, Department of Law and Public Safety, appeals the determination of the Attorney General, stating that the appellant failed to present sufficient evidence to support a finding that he had been subjected to the 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 DOLORES PHILLIPS
The Department of Corrections (DOC), and its successor agency, the State Parole Board, represented by M. Elizabeth Duffy, Deputy Attorney General, petitions the Merit System Board (Board) for a stay of its decision in In the Matter of Dolores Phillips (MSB, decided May 15, 2002) pending its appeal to the Appellate Division of the Superior Court of New Jersey.

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

B-31 JAMES PIGOTT
James Pigott, Deputy Police Chief with the Borough of Keansburg, represented by Charles J. Uliano, Esq., petitions the Merit System Board for interim relief of his immediate suspension, and a stay of his removal, effective March 21, 2002, pending the outcome of his hearing at the Office of Administrative Law.

ACTION: The Merit System Board denied the requests for a stay and interim relief.

B-32 JOHN ERIC COUCH
John Eric Couch, a Senior Investigator Public Defender with the Office of the Public Defender, represented by Steven P. Weissman, Esq., petitions the Merit System Board for reconsideration of that part of the final administrative decision rendered on March 13, 2002, which denied him back pay.

ACTION: The Merit System Board granted the request for reconsideration, but on reconsideration, directed that the request for additional back pay be denied.

B-33 MICHAEL MUSCARELLA
Michael Muscarella, a Police Officer with the City of Newark, represented by Paul J. Hirsh, Esq., petitions the Merit System Board for back pay, interest and counsel fees.

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

B-34 JEFFREY IANNACONE
Jeffrey Iannacone, represented by Gregory A. Busch, Esq., petitions the Merit System Board (Board) for a retroactive appointment date and the concomitant benefits accruing from said date.

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

B-35 JUVENILE DETENTION OFFICER, UNION COUNTY
Union County, represented by Frank G. Capece, Esq., appeals the decision by the Director, Division of Equal Employment Opportunity and Affirmative Action, which denied its request for eight bona fide occupational qualification (BFOQ) designations (male-only) for Juvenile Detention Officer.

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

B-36 DAWN KISH
Dawn Kish, a Judiciary Clerk 3, Middlesex Vicinage, represented by John Seiler, Staff Representative, CWA Local 1034, appeals a one day suspension issued by the Judiciary.

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

B-37 SCOTT LAZORCHAK
Scott Lazorchak Senior Correction Officer, Edna Mahan Correctional Facility, Department of Corrections, appeal minor discipline of an Official Written Reprimand.

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

B-38 JESSE JAMES BALDWIN
Jesse James Baldwin, a Social Worker 2 with the Department of Human Services, appeals the good faith of his layoffs from Marlboro Psychiatric Hospital, effective October 11, 1996, and Woodbridge Developmental Center, effective May 22, 1998, for reasons for economy and efficiency, as well as his resignation not in good standing from Green Brook Regional Center, effective January 8, 1999, on charges. These matters were heard by Administrative Law Judge Kathryn A. Clark (ALJ), who rendered her initial decision on May 14, 2002 upholding all three actions. At its meeting on July 31, 2002, the Merit System Board adopted the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.

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

B-39 DAVID BOWENS
The appeal of David Bowens, a County Correction Officer with Mercer County, of his resignation in good standing, effective May 28, 1999, was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on April 26, 2002, finding that the appellant did not resign in good standing. Instead the ALJ upheld the appellant's removal from employment. 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-40 ANN S. JOHNSON
The appeal of Ann S. Johnson, a Library Assistant with the Willingboro Public Library, of her removal effective July 24, 2000 on charges, was heard by Administrative Law Judge Douglas H. Hurd (ALJ), who rendered his initial decision on May 1, 2002. At its meeting on June 12, 2002, the Merit System Board (Board) adopted the ALJ's recommendation to uphold the appellant's 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-41 TYRONE MAJOR
The appeals of Tyrone Major, a Police Officer with the City of Newark, of his four removals effective July 25, 2000, on charges, were heard by Administrative Law Judge Ken R. Springer (ALJ), who rendered his initial decision on May 3, 2002. At its meeting on June 12, 2002, the Merit System Board (Board) adopted the ALJ's recommendation to reverse three of the four removals and to modify the remaining removal to a 90-day suspension. 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-42 JANICE SANFORD
The appeal of Janice Sanford, a Cottage Training Technician with the New Lisbon Developmental Center, Department of Human Services, of her removal effective November 9, 1999, on the charge of chronic or excessive absenteeism from work, was before Administrative Law Judge Ana C. Viscomi (ALJ), who rendered her initial decision on May 8, 2002. At its meeting on June 12, 2002, the Merit System Board (Board) did not adopt the ALJ's recommendation to dismiss the appeal as moot. Rather, the Board ordered that the matter be remanded to the Office of Administrative Law (OAL). However, prior to is adoption of a written decision, the Board, at its meeting on July 31, 2002, on its own motion, granted reconsideration of its prior decision and again ordered that the matter be remanded to the OAL. Additionally, the Board granted the appellant a hearing on a separate charge of conduct unbecoming a public employee and transmitted the matter to the OAL. The proposed decision is now submitted for the Board's review.

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

B-43 DENNIS D. ALAMO
Dennis D. Alamo, represented by Patrick P. Toscano, Jr., Esq., 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 open-competitive examination for Management Specialist (M6542C), Township of Nutley.

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

B-44 REBECCA ALFARO
Rebecca Alfaro appeals the decision of the Division of Selection Services, which found that she did not meet the experience requirements for the open competitive examination for Program Analyst (C6267C), Ocean County.

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

B-45 ADELE ARONEO
Adele Aroneo appeals the determination of the Division of Selection Services that found that she did not meet the experience requirements for the promotional examination for Classification Officer 3 (PS0939I), Department of Corrections.

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

B-46 DAVID ARTHURS
David Arthurs 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 Business Manager (M6338C), Montville.

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

B-47 DONALD AYRES
Donald Ayres 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 open competitive examination for Director of Economic and Industrial Development (M6723D), City of Millville.

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

B-48 HOWARD BENWARD, ET AL.
Howard Benward, Robert Gooden, Jr., and Kenneth Kokoll appeal the determination of the Division of Selection Services, that found that they did not meet the experience requirements for the promotional examination for Assistant Maintenance Supervisor (PC1516C) Ocean County Board of Social Services.

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

B-49 DANIELLE BIASE
Danielle Biase appeals the determination of the Division of Selection Services that she was below the experience requirements for the open-competitive examination for Legal Services Assistant 1 (S6450C), Department of Corrections.

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

B-50 TINA BOXLER AND CHERI GAMBILL
Tina Boxler and Cheri Gambill appeal the determinations of the Division of Selection Services, which found that they were below the minimum requirements in experience for the promotional examination for Customer Service Information Specialist 3 (PS4303K), Division of Medical Assistance and Health Services.

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

B-51 ROBERT CHOBOT
Robert Chobot 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 Head Grounds Worker (PS4880K), Greystone Park Psychiatric Hospital.

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

B-52 JEROLD CLARK
Jerold Clark appeals the decision of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examination for Program Analyst (C6267C), Ocean County.

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

B-53 SHARON COLEMAN, ET AL.
Sharon Coleman, Carmen Edward, and Jacqueline Holloway 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 Program Development Specialist 2 (PS1448D), Department of Community Affairs.

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

B-54 ALAN COOPER
Alan Cooper appeals the determination of the Division of Selection Services that found that per the substitution clause for education, he did not meet the experience requirements for the promotional examination for Assistant Buyer (PS8285T), Department of Transportation.

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

B-55 CHRISTINE M. CORCORAN
Christine M. Corcoran appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Senior Clerk Typist (PM0704C), Township of Montville.

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

B-56 CHARLES CUTLER
Charles Cutler appeals the determination of the Division of Selection Services which found that he did not meet the certification requirement for the open competitive examination for Building Inspector (M9305A), Vernon Township.

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

B-57 MITCHELL DAKELMAN
Mitchell Dakelman appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the open-competitive examination for Archivist 2 (S6478C).

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

B-58 MAHBOUBEH DARIAN
Mahboubeh Darian 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 Senior Environmental Health Specialist (C6320C) Bergen County.

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

B-59 ROBERT DSURNEY
Robert Dsurney appeals his ineligibility for the promotional examination for Deputy Fire Chief (PM3590C), West Orange.

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

B-60 WILLIAM EVANS, JR.
Williams Evans, Jr. appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Chief Inspector, Mosquito Extermination (PC1711C), Essex County.

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

B-61 EDMOND FAMIGLIETTI
Edmond Famiglietti 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 County Services Specialist (PS3461K), Division of Family Development.

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

B-62 OLGA FIGUEROA
Olga Figueroa appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Registrar of Vital Statistics (PM0215C), Trenton.

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

B-63 FRANKLIN FOLGER
Franklin Folger appeals the determination of the Division of Selection Services, which found that he was below minimum experience requirements for the open-competitive examination for Coordinator of Monitoring and Evaluation (M6040B), Newark School District.

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

B-64 ALEXANDER M. GASH
Alexander M. Gash appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, he was below the minimum requirements in experience for the promotional examination for Senior Technician, Management Information Systems (PS5066T), Department of Transportation.

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

B-65 JULIA GONZALEZ
Julia Gonzalez appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Program Development Specialist 1 (Energy Conservation) (PS3595D), Department of Community Affairs.

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

B-66 FATEN ISAAC
Faten Isaac appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Training Technician (PC1677C), Hudson County.

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

B-67 JACQUELINE JUNIORS
Jacqueline Juniors appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Program Development Specialist 2 (PS2030D), Department of Community Affairs.

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

B-68 MARIANNE KLOC, ET AL.
Marianne Kloc, Karen Lashutka, and Donna Perna appeal the determinations of the Division of Selection Services, which found them ineligible for the promotional examination for Manager 1, Information Processing (PS4911K), Division of Youth and Family Services.

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

B-69 ROSLYN LIGHTFOOT
Roslyn Lightfoot appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Executive Assistant (PM0957B), Newark.

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

B-70 ELAINE MEYER-BARNEY
Elaine Meyer-Barney appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Supervising Clerk (PM1450B), Plainfield.

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

B-71 JAMELIA MILLER
Jamelia Miller appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Administrative Assistant 3 (PS3409H), Department of Health and Senior Services.

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

B-72 ALISON OLIVER
Alison Oliver 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 Fiscal Analyst (C6298C), Atlantic County.

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

B-73 GEWANDAI RAMKISHUN
Gewandai Ramkishun appeals the decision of the Division of Selection Services, which found that she did not meet the experience requirement for the examination for Secretarial Assistant 3 (Non-Stenographic) (PS4365E) New Jersey Veterans' Memorial Home - Paramus.

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

B-74 JULIA REARDON
Julia Reardon 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 Senior Standards and Procedures Technician (PS2581K), Program Support Specialist 3 (Assistance Programs) (PS3778K0 and Program Support Specialist 2 (Assistance Programs) (PS3777K), Division of Medical Assistance and Health Services.

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

B-75 WILLIAM RIDGE
William Ridge 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 Zoning Officer (M6374C), Hopatcong. It is noted that this matter was held over from the Board's meeting of July 17, 2002.

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

B-76 DIANE ROSOLEN
The City Clerk of Garfield, on behalf of Diane Rosolen, appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Assistant Municipal Clerk (PM2044C), Garfield.

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

B-77 LOIS SCHULTZ
Lois Schultz 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 Municipal Court Administrator, (M6456C), Beachwood Borough.

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

B-78 VITTAL R. SITARAM
Vittal R. Sitaram appeals the determination of the Division of Selection Services, which found that he as ineligible for the promotional examination for Principal Engineer Transportation (PS3659T), Department of Transportation.

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

B-79 ANN DEAN SPEARMAN
Ann Dean Spearman 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 (PM1561C), Irvington.

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

B-80 REGINA WALLACE
Regina Wallace appeals the decision of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Administrative Secretary (PM1696C), Jersey City School District.

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

B-81 JEN PING WANG
Jen Ping Wang appeals the determination of the Division of Selection Services, which found her ineligible for the promotional examination for Manger 1, Information Processing (PS4911K), Division of Youth and Family Services.

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

B-82 REGINA WILSON
Regina Wilson appeals the decision of the Division of Selection Services, which found that she did not meet the experience requirements for the examination for Secretarial Assistant 3 (Non-Stenographic) (PS2398I) Department of Corrections.

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

B-83 MARKOS EZRA
Markos Ezra appeals his score on the open competitive examination for Analyst 1, Research and Evaluation, Health and Senior Services (S3005C).

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

B-84 KENNETH STEVENSON
Kenneth Stevenson appeals his score on the promotional examination for Supervising Administrative Analyst (PS0357T), Department of Transportation.

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

B-85 JOSEPH VAN REYMERSDAL
Joseph Van Reymersdal appeals his score on the promotional examination for Therapy Program Assistant (PS1120K), Trenton Psychiatric Hospital.

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

B-86 SYLVIA WATSON
Sylvia Watson appeals her score on the promotional examination for Supervisor 3, DMV (PS9840T), Department of Transportation.

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

B-87 BRYAN J. BEHAN
Bryan J. Behan appeals the determination of the Division of Selection Services, which found that he lacked the required amount of permanent status in a title to which the promotional examination was open for Chief Ranger 2 (PS3391G), Department of Environmental Protection.

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

B-88 VERA RHOADES
Vera Rhoades appeals the determination of the Division of Selection Services denying her request for a make-up examination for the promotional examinations for Engineer Specifications Transportation (PS2453T) and Principal Engineer Transportation (PS2454T), Department of Transportation.

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


B-89 HERMEAN MATTHEWS

The Acting Director, Division of Human Resource Management, on behalf of the Department of Transportation (DOT), requests that Hermean Matthews' out-of-title work experience be accepted to qualify her for a prospective promotional examination for the title of Administrative Analyst 3.

ACTION: The Merit System Board granted the request.

B-90 ALEXANDER HERNANDEZ
Alexander Hernandez appeals the determination of the Division of Selection Services, which found that he did not met the experience requirements for the promotional examination for Administrative Analyst 1 (PS9997K), Division of Developmental Disabilities.

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

B-91 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of July 31, 2002, are submitted for adoption.

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

B-92 JOHN BEACHAM
John Beacham 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-93 DUANNE BAEZ
Duane Baez appeals his rejection as a County Correction Officer candidate by the County of Monmouth and its request to remove his name from the eligible list for County Correction Officer (S9999A) 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-94 ELVIS COLLADO
Elvis Collado appeals his rejection as a Fire Fighter candidate by the City of Clifton 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-95 MALIKAH HAMILTON
Malikah Hamilton 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 granted.

B-96 ROBERT PYCOTT
Robert Pycott, represented by Edward F. Duffy, Esq., 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-97 DEREK E. RUBERTI
Derek E. Ruberti 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-98 BENJAMIN SMITH
Benjamin Smith, represented by Peter J. Varsalona, Esq., appeals his rejection as a Sheriff's Officer candidate by the County of Hudson 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-99 RICHARD ANDERSON
Richard Anderson, a former Senior Correction Officer with the Department of Corrections, represented by Henry Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-100 BRENDA I. DAVIS
Brenda I. Davis, a Secretarial Assistant 1 with the Office of the Public Defender appeals the denial of sick leave injury (SLI) benefits.

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

B-101 DAISY GILLIAM
Daisy Gilliam, a Cottage Training Technician at Woodbridge 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-102 TIMOTHY MORRIS
Timothy Morris, a Senior Correction Officer with Mountainview Youth Correctional Facility, Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-103 MARCIA PEREZ
Marcia Perez, a Physical Therapy Assistant with North Jersey Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-104 GREGORY GILLEECE
Gregory Gilleece appeals the decision of Human Resource Information Services, which upheld the removal of his name from the Police Officer (S9999B), Union Township, eligible list due to an unsatisfactory background report.

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

B-105 RAYMOND GRACE
Raymond Grace appeals the removal of his name from the Police Officer (S9999A), City of Newark, eligible list due to residency, an unsatisfactory employment record, and an unsatisfactory background report.

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

B-106 TIMOTHY HORTON
Timothy Horton appeals the decision of Human Resource Information Services (HRIS) which found that the appointing authority had presented a sufficient basis to remove his name from the Correction Officer Recruit (S9999B), Department of Corrections, eligible list as a result of an unsatisfactory criminal record.

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

B-107 GUILLERMO A. NAVARRO
Guillermo A. Navarro, represented by Charles M. Grossman, Esq., appeals the decision of Human Resource Information Services (HRIS) which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999A), City of Newark on the basis of an unsatisfactory background report.

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

B-108 JOSE RUIZ
Jose Ruiz, represented by Anthony J. Fusco, Jr., Esq., appeals the decision of Human Resource Information Services, which upheld the removal of his name from the Police Officer (S9999A), City of Newark eligible list on the basis of an unsatisfactory background report.

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

B-109 ROBERT TAYLOR
Robert Taylor appeals the decision of Human Resource Information Services, which upheld the removal of his name from the Police Officer (S9999A), City of Newark eligible list on the basis of his failure to meet the residency requirement.

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

B-110 HERMANT THAKER
Hermant Thaker appeals the determination of the Division 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 Principal Clerk (C7673C), Bergen County because he did not satisfy the minimum requirements in experience.

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

B-111 STEPHAN TOTH
Stephan Toth appeals the decision of Human Resource Information Services, which found that Burlington County had presented a sufficient basis to remove the appellant's name from the Sheriff's Officer (S9999A) eligible list, as a result of an unsatisfactory background report.

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

B-112 JAMES WILSON
James Wilson, a Heavy Laborer with the Monroe Township Public Works Department (Township), represented by Warren Borish, Esq., requests a hearing regarding his removal from employment, effective October 30, 2000.

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

B-113 JOHN E. ALLISON
John E. Allison appeals the decision of Human Resource Information Services, which found that the appointing authority properly disposed of the February 14, 2001 certification of the Police Officer (S9999A), City of Newark, eligible list.

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

B-114 JOSEPH STACK, ET AL.
Joseph Stack, Steve Kelleher, and Carol Mackey-Ross request that the July 26, 2001 certification for Supervising Investigator Taxation (PS4212U) be reissued to include their names.

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

B-115 PATRICIA CHIACCHIO
Patricia Chiacchio, Chief, Division of Pensions with the Department of the Treasury, requests Merit Systems Board review of her salary following her separation from the Senior Executive Service (SES).

ACTION: The Merit System Board upheld the determination of the appellant's salary.

B-116 JOHN DEBENEDICTIS
John DeBenedictis, a Correction Lieutenant, New Jersey State Prison, Department of Corrections, represented by Robert B. Reed, Esq., seeks enforcement of that part of the Merit System Board decision rendered on September 28, 1999, granting him counsel fees.

ACTION: The Merit System Board granted the appellant $4,985 in counsel fees.

B-117 ROBERT GREDONE
Robert Gredone, a Supervisor, Regional Food Services, Bayside State Prison, Department of Corrections, represented by Teri S. Lodge, Esq., seeks enforcement of the Merit System Board decision rendered on July 19, 1999, granting him back pay, benefits and seniority.

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

B-118 ROBERT JOHNSON
Robert Johnson, a Senior Correction Officer with East Jersey State Prison, Department of Corrections, represented by Mandy Steele, Esq., seeks Merit System Board resolution of a dispute concerning back pay, seniority and benefits. The appellant also requests counsel fees.

ACTION: The Merit System Board directed that the Department of Corrections pay Robert Johnson $39,178.23 in back pay, but the Merit System Board denied the request for counsel fees.

B-119 EDWIN MALDONADO
Edwin Maldonado petitions the Merit System Board for placement at the appropriate salary level consistent with a retroactive permanent appointment date of July 29, 1999 to the title of Police Officer, City of Plainfield.

ACTION: The Merit System Board denied the request for adjustment in salary level.

B-120 OBIANUJU OKOSA
The Superior Court, Appellate Division, in In the Matter of Obianuju Okosa, Docket No. A-1126-00T5 (App. Div. February 27, 2002), affirmed the Merit System Board's August 29, 2000 decision reducing the appellant's removal to a three-month suspension. However, upon appellant's motion, the Court remanded the matter to the Board for a determination regarding appellant's entitlement to counsel fees.

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

B-121 STEPHEN GURSKI
Stephen Gurski, a Plumber and Steamfitter at Hagedorn Gero-Psychiatric Hospital, Department of Human Services, represented by Robert A. Warmington, Esq., appeals his indefinite suspension, effective January 8, 20001.

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

B-122 JOSEPH LASSITER
Joseph Lassiter, a Cottage Training Supervisor, Hunterdon Developmental Center, represented by Robert O. Yaeger, Principal Staff Representative, CWA Local 1040, appeals an official written reprimand issued by the Department of Human Services.

ACTION: The Merit System Board directed that the appeal be denied but modified the charge and specification.

B-123 GREGORY ALSON
The Department of Human Services (DHS), represented by Jennifer Chianese, Deputy Attorney General, petitions the Merit System Board (Board) for reconsideration of the attached final administrative decision, rendered on March 13, 2002, in which the Board modified Gregory Alston's removal to a six-month suspension.

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

B-124 WILLIAM FORTE, JR.
William Forte, Jr., represented by Kevin McCann, Esq., petitions the Merit System Board (Board) for reconsideration of the final administrative decision, rendered on February 27, 2002, in which the Board upheld his removal.

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

B-125 BELINDA D. SMITH
Belinda D. Smith requests reconsideration of the final decision of the Merit System Board rendered on December 4, 2001, denying her appeal of the administration and a portion of the test content of the promotional examination for Management Improvement Specialist 1 (PS0846I), Department of Corrections.

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

B-126 PERSONNEL DIRECTOR (M6939A), TOWN OF WEST NEW YORK
The appointing authority requests permission not to make an appointment from the certification for Personnel Director (M6939A), Town of West New York.

ACTION: The Merit System Board ordered and audit.

B-127 NEREIDA APONTE AND DEBORAH BROWN
Nereida Aponte and Deborah Brown 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 (PM1509C), Newark School District.

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

B-128 ANGIE ARGUELLES
Angie Arguelles appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the Administrative Analyst 2, Data Processing (PS1996U), Office of Information Technology promotional examination.

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

B-129 RONALD BECKTEL
Ronald Becktel appeals the determination of the Division of Selection Services, which found that he did not meet the requirements for the promotional examination for Deputy Director of Welfare (PC0784B), County of Camden.

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

B-130 MIRIAM BONILLA, ET AL.
Miriam Bonilla, Angela Borrelli, Deborah L. De La Cretaz, Christine McDougall, Clarice Paterson, and Doris S. Pinto appeal the determinations of the Division of Selection Services, which found that they did not meet the experience requirements for the promotional examination for Technical Assistant 3, Community Affairs (PS0412D), Department of Community Affairs.

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

B-131 URVASHI DALAL
Urvashi Dalal appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Head Clerk (PS2544I), Adult Diagnostic and Treatment Center.

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

B-132 CATHERINE FERDETTA
Catherine Ferdetta appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Administrative Analyst (PS3297S), Higher Education Student Assistance Authority.

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

B-133 MELINDA M. GARRISON
Melinda M. Garrison appeals the determination of the Division of Selection Services that she did not meet the requirements for the promotional examination for Secretarial Assistant 2 (PS2115K), Department of Human Services.

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

B-134 NICHOLAS GASPARI
Nicholas Gaspari 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 Construction and Maintenance Technician 4 (PS5065T), Department of Transportation.

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

B-135 HELEN GOODE
Helen Goode 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 Habilitation Plan Coordinator (S0699C), Department of Human Services.

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

B-136 KATHLEEN GRAY
Kathleen Gray appeals the determinations of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examinations for Administrative Analyst 4, Data Processing (PS4898K), and Senior Standards and Procedures Technician (PS1031K), Department of Human Services.

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

B-137 PATRICIA HODGES
Patricia Hodges appeals the decision of the Division of Selection Services, which found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Senior Systems Analyst (PC0737C), Morris County.

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

B-138 KATHLEEN A. KELLY AND MARY R. MCCOY
Kathleen A. Kelly and Mary R. McCoy appeal the determinations of the Division of Selection Services that they did not meet the requirements for the promotional examination for Project Manager, Data Processing (PS1078U) Department of the Treasury.

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

B-139 DENNIS KRAMER
Dennis Kramer appeals the determination of the Division of Selection Services that he did not meet the requirements for the open competitive examination for Building Management Services Specialist 4 (S6470C).

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

B-140 REGINA L. LORUSSO
Regina L. Lorusso appeals the determination of the Division of Selection Services that she did not meet the requirements for the promotional examination for Deputy Director of Welfare (C0784B), County of Camden.

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

B-141 ADAM MACE
Adam Mace 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 Habilitation Plan Coordinator (S0699C), Department of Human Services

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

B-142 SEAN MORAN
Sean Moran appeals the determination of the Division of Selection Services, which found that he did not meet the licensing requirement for the promotional examination for Supervisor Public Works (PM0743B), Rutherford.

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

B-143 KATHLEEN NOONAN BYE
Kathleen Noonan Bye 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 Training Technician (PS9707K0, Division of Youth and Family Services (DYFS).

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

B-144 RONALD NORTON AND CARLOS TORRES
Ronald Norton and Carlos Torres appeal the decision of the Division of Selection Services, which found that they did not meet the experience requirements for the promotional examination for Heavy Equipment Operator (PM1915C), Trenton.

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

B-145 TODD OLSEN
Todd Olsen 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 open competitive examination for Coordinator, Interpreter Referral Service (S6454C), Division of the Deaf and Hard of Hearing.

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

B-146 MARIE QUINN
Marie Quinn appeals the determination of the Division of Selection Services that he did not meet the experience requirement for the promotional examination for Records Technician 2, Motor Vehicles (PS9828T), Department of Transportation.

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

B-147 MARGARET ROZGER
Margaret Rozger, an Employment Counselor with the Department of Labor, represented by George Krevet, CWA Local 1037, appeal her ineligibility for the promotional examination for Senior Employment Counselor (PS4105N), Department of Labor.

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

B-148 SHELLEY ROUNDTREE
Shelley Roundtree appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the Program Development Specialist 1, Corrections (PS4158I), East Jersey State Prison promotional examination.

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

B-149 ANDREA SEABRIDGE
Andrea Seabridge appeals the determination of the Division of Selection Services, that she did not meet the experience requirements for the promotional examination for Administrative Supervisor 1, Transportation (PS3511T), Department of Transportation.

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

B-150 MARK D. SPRAGUE
Mark D. Sprague appeals the determination of the Division of Selection Services that he did not meet the experience requirement for the promotional examination for Records Technician 2, Motor Vehicles (PS9828T), Department of Transportation.

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

B-151 JUANITA THOMAS
Juanita Thomas appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Community Service Officer 1 Addictions (PS2089H0, Department of Health and Senior Services.

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

B-152 BERNARD VERLINGO
Bernard Verlingo appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Supervisor of Transportation and Vehicle Maintenance (PM1673B0, Jersey City.

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

B-153 JILL A. VOGEL
Jill A. Vogel appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Supervisor of Accounts (PS5017I), Department of Corrections.

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

B-154 LAVONDA WRIGHT
LaVonda Wright appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Technical Assistant 3 (PS2419K), Trenton Psychiatric Hospital.

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

B-155 THERESA ADAMS
Theresa Adams appeals the decision of the Division of Selection Services, which found that she failed to achieve a passing score on the Manager Claims Service Section (PS1944U), Department of the Treasury promotional examination.

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

B-156 DAVID AKINS, ET AL.
David Atkins, Robert Britton, Madeline Gibson, and Hermean Matthews appeal the administration and scoring of the promotional examination for Principal Right of Way Negotiator (PS2169T), Department of Transportation.

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

B-157 TRACY HEADING, ET AL.
Tracy Heading, Roxane Mapp-Bakr, Amini Sababu, Mary Taylor-Warren and Yvonne Thomas appeal their scores on the promotional examination for Social Work Supervisor (PC1641C), Mercer County Board of Social Services.

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

B-158 CARL KNEIDINGER AND JOHN MALENICH
Carl Kneidinger and John Malenich appeal their scores on the promotional examination for Supervising Engineer Construction and Maintenance (PS2452T), Department of Transportation.

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

B-159 CYNTHIA WAKEFIELD
Cynthia Wakefield appeals the determination of the Division of Selection Services that she failed the promotional examination for Senior Unemployment Insurance Clerk (PS3838N), Department of Labor.

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

B-160 BEVERLY HUDSON
Beverly Hudson appeals the determination of the Division of Selection Services, which found that she did not file a timely application for the open competitive examination for Head Nurse (C9263B), Camden County

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

B-161 MANOHAR LAL
Manohar Lal 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 Chief of Construction Project Review (PS2872?D), Department of Community Affairs.

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

B-162 DANIEL MISKOWSKY
Daniel Miskowsky appeals the determination of the Division of Selection Services, which found that, as of the closing date, he was not permanent in the competitive division for the promotional examination for Construction and Maintenance Technician 4 (PS5065T), Department of Transportation.

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

B-163 SUDHA SHARMA
Sudha Sharma appeals the determination of the Division of Selection Services, which found that that she did not provide an evaluation of her foreign transcript for the promotional examination for Community Service Officer 1 Addictions (PS2089H), Department of Health and Senior Services.

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

B-164 ROBERT KENT
The Director, Division of Selection Services, on behalf of the Department of Environmental Protection, requests that the provisions of N.J.A.C. 4A:4-2.6(a)2, Eligibility for Promotional Examination, be relaxed to allow Robert Kent to be admitted to the promotional examination for the title of Administrator, Office of Mosquito Control (PS1455G), Department of Environmental Protection.

ACTION: The Merit System Board granted the request.

B-165 BRIAN ROTTKAMP AND DEBRA BOLDEN
The Communications Workers of America, Local 1040 (CWA), challenges the provisional appointments of Brian Rottkamp to Classification Officer 4 and Debra Bolden to Classification Officer 2, Department of Corrections.

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

B-166 DOUGLAS DAISEY
The Department of Transportation requests acknowledgement of a settlement entered into in a Superior Court, Law Division, matter involving employee Douglas Daisey, who is permanent in the title of Highway Construction & Bridge Repairer 1, but is now serving provisionally in the title of Technician, Management Information Systems (MIS).

ACTION: The Merit System Board acknowledged the settlement and ordered that Douglas Daisey be found eligible for the title of Technician, MIS.

B-167 N.J.A.C. 4A:1, GENERAL RULES AND DEPARTMENT ORGANIZATIONS
It is recommended that the proposed readoption of N.J.A.C. 4A:1, General Rules and Department Organizations be approved for publication in the New Jersey Register.

ACTION: The Merit System Board approved the proposed readoption for publication in the New Jersey Register.

B-168 N.J.A.C. 4A:2, APPEALS, DISCIPLINE AND SEPARATIONS
It is recommended that the proposed readoption of N.J.A.C. 4A:2, Appeals, Discipline and Separations be approved for publication in the New Jersey Register.

ACTION: The Merit System Board approved the proposed readoption for publication in the New Jersey Register.

B-169 N.J.A.C. 4A:5, VETERANS AND DISABLED VETERANS PREFERENCE
It is recommended that the proposed readoption of N.J.A.C. 4A:5, Veterans and Disabled Preference be approved for publication in the New Jersey Register.

ACTION: The Merit System Board approved the proposed readoption for publication in the New Jersey Register.

B-170 N.J.A.C. 4A:7 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION
It is recommended that the proposed readoption of N.J.A.C. 4A:7 Equal Employment Opportunity and Affirmative Action be approved for publication in the New Jersey Register.

ACTION: The Merit System Board approved the proposed readoption for publication in the New Jersey Register.

B-171 N.J.A.C. 4A:9, POLITICAL SUBDIVISIONS
It is recommended that the proposed readoption of N.J.A.C. 4A:9, Political Subdivisions be approved for publication in the New Jersey Register.

ACTION: The Merit System Board approved the proposed readoption for publication in the New Jersey Register.

B-172 N.J.A.C. 4A:10, POLITICAL SUBDIVISIONS
It is recommended that the proposed readoption of N.J.A.C. 4A:10, Political Subdivisions be approved for publication in the New Jersey Register.

ACTION: The Merit System Board approved the proposed readoption for publication in the New Jersey Register.

B-173 PATRICK GRADY AND MICHAEL SEARLS
Patrick Grady and Michael Searls, represented by Gregory A. Busch, Esq., appeal their ranking on the eligible list for Fire Fighter (M2160A), Township of Bloomfield.

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

B174 ANTHONY PUNIELLO
Anthony Puniello, represented by Michelle Lebovitz Lamar, Esq., appeals the administration of the make-up examination for Section Chief, Technical/Scientific/Engineering (PS0192G), Department of Environmental Protection.

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

B-175 SUPERINTENDENT, PARKS AND FORESTRY TITLE SERIES
The Acting Director, Division of Human Resource Management, requests that the provisions of N.J.A.C. 4A:4-7.6, lateral title change criteria, be relaxed in order to allow employees to move laterally into the Superintendent, Parks and Forestry title series.

ACTION: The Merit System Board granted the request.

B-176 EARLY SETTLEMENTS
Ronald Dorn
Township of Pemberton
Suspension

Robert Harris
Northern State Prison
Department of Corrections
Suspension

Larry Kennie
Township of Gloucester
List Removal

Kevin McIntosh
County of Burlington
County Jail
Suspension and removal.

Mary Negron
County of Burlington
Buttonwood Hospital
Suspension

Daniel Ramirez
Division of Youth and Family Services
Department of Human Services
Removal

Patricia Zimbardi
County of Essex
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, September 25, 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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