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

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

A regular meeting of the Merit System Board was held on Wednesday, October 9, 2002, in Trenton, New Jersey.

PRESENT: Chairwoman Ida L. Castro, Merit System Board Members, Alan Dexter Bowman, Josephine DiRienzo, Margaret E. L. Howard and Robert J. Long; Barbara Stoop, 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.
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-12 David Weiss. The Board subsequently reconvened the public meeting.

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Robert Garrison
County of Ocean
Department of Solid Waste Management
Release at the end of the working test period

In the Matter of Nathaniel Holman
Northern State Prison
Department of Corrections
Suspension

In the Matter of Abraham Jones
South Woods State Prison
Department of Corrections
Suspension

In the Matter of Terri Kears
County of Monmouth
Department of Health Care Facilities
Removal

In the Matter of Jihad Muhammad
Northern State Prison
Department of Corrections
Suspension

In the Matter of Michael Solari-Stone
East Jersey State Prison
Department of Corrections
Suspension

In the Matter of Samuel Tucker
County of Mercer
Department of Public Safety
Suspension

In the Matter of Theodore White
City of Newark
Police Department
Removals (2)

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

ACTION: The Merit System Board acknowledged the settlements.

A-2 SHARON DAVIS
Sharon Davis, Police Officer, City of Newark, Police Department, ten-day suspension on charges of insubordination and violation of Police Department rules regarding obedience to orders.

Recommendation of the Administrative Law Judge - Uphold the ten-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)
  Margaret E.L. Howard (Yes)
  Robert J. Long (Yes)

A-3 JANE HOLLAND
Jane Holland, Family Service Specialist 2, Division of Youth and Family Services, Department of Human Services, demotion to Family Service Specialist 3 effective November 4, 2000, on charges of incompetence, neglect of duty, falsification and violation of policy.

Recommendation of the Administrative Law Judge - Modify the demotion to an official reprimand.

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

A-4 MICHAEL SCARLATA
Michael Scarlata, County Correction Officer, County of Union, Department of Public Safety, 15-day suspension on the charge of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the 15-day suspension.

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

A-5 JOHN SHIVELY, WILLIAM J. PAIGE, ANDREW M. SALMON, AND MANUEL A. GONZALEZ (REMAND)
John Shively, William J. Paige and Andrew M. Salmon, Senior Correction Officers, New Jersey State Prison, Department of Corrections, 30-days suspensions, on charges of neglect of duty and other sufficient cause: violation of rules governing safety and security precautions, resulting in injury to person or damage to property; and neglect of duty, loafing, idleness or willful failure to devote attention to a task which could result in danger to persons or property. Additionally, Manuel A. Gonzalez, a Senior Correction Officer, also with the New Jersey State Prison, Department of Corrections, was suspended for 60 days, on the same charges.

Recommendation of the Administrative Law Judge - Reverse the 30-day suspensions imposed on John Shively, William Paige and Andrew Salmon, and modify the 60-day suspension to a 30-day suspension imposed on Manuel Gonzalez.

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

A-6 GERARD TARINO
Gerard Tarino, Truck Driver, Borough of Pompton Lakes, Department of Public Works, 30-day suspension on charges of disorderly conduct and conduct unbecoming a public employee.

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

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

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

A-7 CHARLES AURIEMMA
Charles Auriemma, Police Officer, City of Newark, Police Department, removal effective January 11, 2000, on charges of violation of Police Department rules regarding the drug screening policy, making false statements and disobedience to orders.

Recommendation of the Administrative Law Judge - Uphold the removal.

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)
  Margaret E.L. Howard (Yes)
  Robert J. Long (Yes)

A-8 MICHAEL S. EBERHARDT
Michael S. Eberhardt, Sheriff's Officer, County of Monmouth, Sheriff's Department, removal and resignation not in good standing effective November 16, 2000, on charges of unauthorized absence, abandonment of position, failure to report loss of license, failure to meet the requirements of the job, violation of firearm policy, care of firearms, handling of firearms, standard of conduct, obedience to laws and regulations, and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Modify the removal and resignation not in good standing to a six-month suspension.

ACTION: Merit System Board modified the recommendation of the Administrative Law Judge to reverse the resignation not in good standing, but uphold the removal.

A-9 KELVIN WAGNER
Kelvin Wagner, County Correction Officer, County of Gloucester, Sheriff's Department, removal effective December 17, 1999, on the charge of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-10 CHRISTOPHER ASH - SETTLEMENT
Christopher Ash, Truck Driver, Division of Human Resources, Department of Transportation, removal effective July 29, 2001, on charges of use of alcoholic beverages while on the job, drug use and/or possession of illegal drugs, assault and battery/workplace violence and conduct unbecoming a public employee. Settled to reinstatement to the title of Truck Driver.

Recommendation of the Administrative Law Judge - Acknowledge the settlement.

ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.

A-11 JILL MCGRANE
Jill McGrane, Intermittent Technical Assistant 3, Department of the Treasury, release at the end of the working test period effective February 21, 2001. This matter was previously presented to the Merit System Board at its regular meeting of September 25, 2002, but was held over.

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-12 DAVID L. WEISS
David L. Weiss, Police Lieutenant, City of Perth Amboy, Police Department, 180-day suspension and demotion to the position of Police Sergeant effective November 23, 2000, on charges of insubordination, neglect of duty, knowingly and willfully making a false entry in any department report or record, failure to conduct proper, thorough, and complete investigations, insubordination, failure to submit properly written required reports within a reasonable or prescribed period of time as per regulations, and conduct subversive to the good order and discipline of the department. This matter was previously presented to the Merit System Board at its regular meeting of September 25, 2002, but was held over.

Recommendation of the Administrative Law Judge - Uphold the 180-day suspension and the demotion to the position of Police Sergeant.

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

A-13 ROBERT L. SHIELDS
Robert L. Shields, Senior Correction Officer, New Jersey State Prison, Department of Corrections, 30-day suspension on charges of insubordination and violation of rules regarding, inter alia, personal conduct, and removal effective March 28, 2001, on charges of incompetency, inefficiency, or failure to perform duties, neglect of duty, and violation of rules regarding performance. This matter was previously presented to the Merit System Board at its regular meeting of September 25, 2002, but was held over.

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

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

A-14 SHARON BRESCIA - SETTLEMENT
Sharon Brescia, Youth Worker, Division of Youth and Family Services, Department of Human Services, removal effective December 20, 2000, on the charge of conduct unbecoming a public employee. Settled to a resignation in good standing effective December 20, 2000.

Recommendation of the Administrative Law Judge - Acknowledge the settlement.

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

A-15 KEVIN LADD
Kevin Ladd, Senior Youth Worker, Division of Youth and Family Services, Department of Human Services, removal effective June 24, 2000, on the charge of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-16 SYBIL THREATS
Sybil Threats, Senior Correction Officer, Mid-State Correctional Facility, Department of Corrections, removal effective September 29, 2000, on charges of insubordination and violation of a rule, regulation, policy, procedure, order, or administrative decision.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board remanded the matter to Office of Administrative Law.

SECTION B - MISCELLANEOUS MATTERS
B-1 MAURICE BARNARD
Maurice Barnard appeals the removal of his name from the (S9999A) County of Essex eligible list for the title of Juvenile Detention Officer on the basis of psychological unfitness.

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

B-2 ANGEL JAZIKOFF
Angel Jazikoff, represented by Thomas J. Cammarata, Esq., appeals her rejection as a Police Officer candidate by the Borough of Sayreville and its request to remove her name from the eligible list for Police 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-3 DYNELL SAFFOLD
Dynell Saffold appeals the removal of his name from the (S9999B) City of Plainfield eligible list for the title of Police Officer on the basis of psychological unfitness.

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

B-4 MARK A. STANBERRY
Mark A. Stanberry appeals the removal of his name from the S9999A) Department of Corrections eligible list for the title of Correction Officer Recruit on the basis of psychological unfitness.

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

B-5 CHRISTOPHER A. STANCZAK
Christopher A. Stanczak appeals the removal of his name from the (S9999A) Borough of South Plainfield eligible list for the title of Police Officer on the basis of psychological unfitness.

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

B-6 PATRICK TORTORELLO, JR.
Patrick Tortorello, Jr., appeals his rejection as a County Correction Officer candidate by the County of Essex 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 referred the matter for independent evaluation.

B-7 DARVEL L. YOUNG
Darvel L. Young appeals the removal of his name from the (S9999A) County of Essex eligible list for the title of Sheriff's Officer on the basis of psychological unfitness.

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

B-8 LEWIS DUTTON
Lewis Dutton, a Correction Sergeant at South Woods State Prison, Department of Corrections, represented by Kevin P. McCann, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-9 ROBERT ELETTO
Robert Eletto, an Automotive Mechanic with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.

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

B-10 KIM HUNTER
Kim Hunter, a Residential Living Specialist 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 RICHARD NOVACK
Richard Novak, a former Senior Parole Officer with the State Parole Board, appeals the denial of sick leave injury (SLI) benefits.

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

B-12 ERIC RAUCHBACH
Eric Rauchbach, a Senior Correction Officer at East Jersey State Prison, 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 granted in part.

B-13 MARTIN TREU
Martin Treu, an Investigator 3 with the Department of Banking and Insurance, appeals the denial of sick leave injury (SLI) benefits.

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

B-14 MARCOLINA VELARDO
Marcolina Velardo, a former Claims Adjudicator Support Specialist 2 with the Department of Labor, represented by Adam Paskoff, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-15 ROBIN WASHINGTON
Robin Washington, a Senior Correction Officer with New Jersey State Prison, 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 denied.

B-16 JANET AGUILAR
Janet Aguilar, an Unemployment Insurance Clerk with the Department of Labor, appeals the decision of Human Resource Information Services (HRIS) which upheld the bypass of her name on the Senior Unemployment Clerk, Bilingual Spanish and English (PS2321N) eligible list.

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

B-17 JAMES A. BENSON
James A. Benson appeals the decision of Selection Services, which found that the City of Newark had presented a sufficient basis to remove the appellant's name from the Police Officer (S9999A), City of Newark, eligible list on the basis of an unsatisfactory driving record.

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

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

B-18 JOSEPH BOPP
Joseph Bopp, represented by John D. Feeley, Esq., appeals the decision of Human Resources Information Services, which upheld the bypass of his name for appointment from the August 15, 2001 certification of the Fire Captain (PM3591A), East Orange Fire Department, eligible list.

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

B-19 JOSEPH ELLIS
Joseph Ellis, a Senior Laboratory Service Worker with the Department of Health and Senior Services (DHSS), appeals the bypass of his name on the list for Principal Laboratory Service Worker (PS2425H).

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

B-20 JORGE R. KELLY
Jorge R. Kelly, represented by Charles M. Grossman, 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), City of Newark, on the basis of an unsatisfactory driving record.

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

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

B-21 FRANCES X. MALDONY, SR.
Francis X. Maldony, Sr. appeals the decision of Human Resource Information Services (HRIS), which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Crew Supervisor Repairers (S0702C), Department of Corrections eligible list as a result of the falsification of his employment application.

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

B-22 JON MARTIN
The City of Camden, represented by Marc A. Riondino, Assistant City Attorney, appeals the decision of Human Resource Information Services, which found that it did not present a sufficient basis to remove Jon Martin's name from the Fire Fighter (M2013A), City of Camden, eligible list.

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

B-23 JOHN MASCOLO
John Mascolo, represented by James M. Mets, Esq., appeals the bypass of his name on the Police Lieutenant (PM2564C), Borough of Fairview eligible list.

ACTION: The Merit System Board granted a hearing.

B-24 EDWIN MENDEZ
Edwin Mendez appeals the decision of Human Resource Information Services, (HRIS), which removed the appellant's name from the Security Guard (M1598C), Newark School District eligible list, due to the appellant's failure to appear for an interview.

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

B-25 KEVIN O'CONNOR
Kevin O'Connor, represented by John D. Lynch, 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 Fire Fighter (M2071A), North Hudson Regional Fire and Rescue Service, on the basis of his failure to meet the residency requirement.

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

B-26 JEFFREY SWAN
The City of Camden, represented by Marc A. Riondino, Assistant City Attorney, appeals the decision of Human Resource Information Services, which found that it did not present a sufficient basis to remove Jeffrey Swan's name from the Fire Fighter (M2013A) eligible list.

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

B-27 ANDREW M. GUGLIELMO
Andrew M. Guglielmo, a former Administrator of Investigations Law and Public Safety, Department of Law and Public Safety (DL&PS), 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 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 JAMES ROTSETTIS
James Rotsettis, a former Teacher 1, 12 Months with the Juvenile Justice Commission, 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 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-29 ROBERT R. WILKE
Robert R. Wilke, a Trooper 1 with the Division of State Police, Department of Law and Public Safety, represented by Gary P. Levin, Esq., appeals the determination of the Attorney General, stating that he failed to present sufficient evidence 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-30 CARPENTER (M6015B), NEWARK SCHOOL DISTRICT
The appointing authority's failure to properly dispose of the certification for Carpenter, while a provisional appointee is serving in the title, has been referred to the Merit System Board for enforcement.

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

B-31 PROGRAM COORDINATOR, SPECIAL EVENTS, SPECIAL REEMPLOYMENT LIST AND (M1425C), EAST ORANGE.
The appointing authority's failure to properly dispose of the certification for Program Coordinator, Special Events, while a provisional appointee is serving in the title, has been referred to the Merit System Board for enforcement.

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

B-32 SENIOR ASSESSING CLERK, SPECIAL REEMPLOYMENT LIST, EAST ORANGE
The appointing authority's failure to properly dispose of the certification for Senior Clerk, while a provisional appointee is serving in the title, has been referred to the Merit System Board for enforcement.

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

B-33 SUPERVISOR, BULDING SERVICES (PC1260B), PASSAIC COUNTY
The appointing authority's failure to properly dispose of the certification for Supervisor, Building Services, while a provisional is serving in the title, has been referred to the Merit System Board for enforcement.

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

B-34 TRUCK DRIVER (M9241A), NEWARK SCHOOL DISTRICT
The appointing authority's failure to properly dispose of the certification for Truck Driver, while a provisional appointee is serving in the title, has been referred to the Merit System Board for enforcement.

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

B-35 JACQUELINE WOOTEN-ROSE

Jacqueline Wooten-Rose, a Family Service Specialist 3 with the Division of Youth and Family Services, Department of Human Services, represented by Rosemarie Cipparulo, Esq., seeks counsel fees pursuant to the Merit System Board decision rendered on August 8, 2000, which reversed a resignation not in good standing and awarded her back pay, benefits, seniority and counsel fees.

ACTION: The Merit System Board granted the appellant $18,453.19 in counsel fees.

B-36 PATRICK RUSSO
Patrick Russo, represented by Sanford R. Oxfeld, Esq., petitions the Merit System Board for reconsideration and a stay of the final administrative decision, rendered July 31, 2002, forever barring him from public employment pursuant to N.J.A.C. 2C:51-2(d).

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

B-37 ANTHONY HAYNES
Anthony Haynes, Client Services Representative, Ancora Psychiatric Hospital, Department of Human Services, appeals minor discipline of two, five-day suspensions.

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

B-38 KEITH OSTRANDER
Keith Ostrander, Cottage Training Technician, Hunterdon Developmental Center, Department of Human Services, appeals minor discipline of an Official Written Reprimand.

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

B-39 SUNG YI
Sung Yi, represented by Benjamin Spivack, a Senior Staff Representative with CWA Local 1040, appeals the Department of Corrections' failure to notify him of an open competitive examination for Head Cook 1.

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

B-40 CHARLES FUNCHES
The appeal of Charles Funches, Custodial Worker, Jersey City School District, of his 30-day suspension beginning November 21, 2000, on charges, was heard by Administrative Law Judge Stephen G. Weiss (ALJ), who rendered his initial decision on June 28, 2002, upholding the 30-day suspension. At its meeting on September 10, 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.

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

B-41 ALFRED H. JONES, JR.
The appeal of Alfred H. Jones, Jr., a Therapy Program Assistant at Woodbridge Developmental Center, Department of Human Services, of his 10-day suspension, beginning November 1, 2001, on charges, was heard by Administrative Law Judge Anthony T. Bruno (ALJ), who rendered his initial decision on July 25 2002. At its meeting on September 10, 2002, the Merit System Board (Board) did not adopt the ALJ's recommendation to increase the 10-day suspension to a 20-day suspension. Rather, the Board upheld the 10-day suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-42 NORMAN PETERS
The appeal of Norman Peters, a Senior Correction Officer with Southern State Correctional Facility, Department of Corrections, of his removal effective January 30, 2002, on charges, was before Administrative Law Judge W. Todd Miller (ALJ), who rendered his initial decision on August 2, 2002. At its meeting on September 10, 2002, the Merit System Board (Board) adopted the ALJ's recommendation to dismiss the appeal as moot. 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 (Abstained)
  Alan Dexter Bowman (Yes)
  Josephine DiRienzo (Abstained)
  Margaret E.L. Howard (Yes)
  Robert J. Long (Yes)

B-43 JOYCE SHOFF
The appeal of Joyce Shoff, an Investigator, Vicinage XV (Probation Department, Gloucester County), Judiciary, concerning her six-day suspension beginning September 7, 2001, on charges, was heard by Administrative Law Judge Edgar R. Holmes (ALJ), who rendered his initial decision on August 7, 2002 upholding the suspension. At its meeting on September 10, 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.

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

B-44 JOHN SODEN
The appeal of John Soden, Senior Probation Officer, Mercer Vicinage, Judiciary, of his removal effective December 21, 2000 on charges, was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on August 2, 2002 upholding the removal. At its meeting on September 10, 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.

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

B-45 JOSEPH VISCUSO
The appeal of Joseph Viscuso, a Fire Captain with the Township of Kearny, of his 15-day suspension, on charges, was before Acting Director and Chief Administrative Law Judge Jeff S. Masin (ALJ), who rendered his initial decision on May 8, 2002 approving the settlement reached between the parties reducing the appellant's 15-day suspension to seven calendar days. At its meeting on September 10, 2002, the Board acknowledged the settlement. 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 (Abstained)
  Alan Dexter Bowman (Yes)
  Josephine DiRienzo (Abstained)
  Margaret E.L. Howard (Yes)
  Robert J. Long (Yes)

B-46 JOHNNY WALCOTT
The appeal of Johnny Walcott, an Assistant Supervisor, Public Works, with the City of Plainfield, of his 15-day suspension and removal, effective October 6, 2000, on charges, was before Administrative Law Judge Arnold Samuels (ALJ), who rendered his initial decision on July 2, 2002 dismissing the appeal for lack of prosecution. At its meeting on September 10, 2002, the Merit System Board did not dismiss the appeal. Rather, the Board acknowledged the settlement. 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 (Abstained)
  Alan Dexter Bowman (Yes)
  Josephine DiRienzo (Abstained)
  Margaret E.L. Howard (Yes)
  Robert J. Long (Yes)

B-47 ELAINE WATSON
The appeal of Elaine Watson, a Secretarial Assistant 3 - Non-Stenographic at Rowan University, concerning her return to her permanent title at the end of her working test period, effective October 15, 2001, was heard by Administrative Law Judge (ALJ) W. Todd Miller, who rendered his initial decision on July 8, 2002. At its meeting on September 10, 2002, the Board adopted the ALJ's recommendation to uphold the appellant's return to her permanent title of Senior Clerk Typist. 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 (Abstained)
  Alan Dexter Bowman (Yes)
  Josephine DiRienzo (Abstained)
  Margaret E.L. Howard (Yes)
  Robert J. Long (Yes)

B-48 THOMAS WILLS
The appeal of Thomas Wills, Automotive Mechanic with the Department of Transportation, of his removal effective March 9, 2001 on charges, was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on July 8, 2002 reversing the removal. At its meeting on September 10, 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.

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

B-49 CASSAUNDRA ALLEN, ET AL.
Cassaundra Allen, Joan Batot, Alicia Bruce, Luz Colon, Andrea Fortson, Carl McDaniel, and Sherian Seegers appeal the determinations of the Division of Selection Services, which found that they did not meet the experience requirements for the open competitive examination for Investigator 1 (S0708C).

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

B-50 MARILYN AROLL
Marilyn Aroll appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, she did not meet the experience requirement for the promotional examination for Management Assistant (PS4871K), Division of Medical Assistance and Health Services.

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

B-51 SALAINE ATKINS-LITTLE, ET AL.
Salaine Atkins-Little, Shawnna Christopher and Christopher Ross appeal the determinations of the Division of Selection Services, which found that they did not meet the experience requirements for the open-competitive examination for Social Worker 2 (S0004D).

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

B-52 DEBRA BAILEY
Debra Bailey 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, Classification (PS1231I), Southern State Correctional Facility.

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

B-53 ROBERT BATAILLE
Robert Bataille appeals his ineligibility for Police Officer, Long Branch.

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

B-54 SUZANNE BAUERLE, ET AL.
Suzanne Bauerle, Margaret Penelli and Kimberly Walton appeal the determination of the Division of Selection Services, which found that they did not meet the minimum experience requirements for the promotional examination for Secretarial Assistant 1 (Non-Stenographic), (PS1825K), Division of Medical Assistance and Health Services.

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

B-55 DAWN BOLLING-HORTA ET AL.
Dawn Bolling-Horta, Sheila Farah, Patricia Kinsky, and Patricia Romanowski appeal the determination of the Division of Selection Services, which found that they were below the minimum requirements in experience for the promotional examination for Supervising Clerk (PC1473C), Camden County Board of Social Services.

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

B-56 JAMES BOND, ET AL.
James Bond, represented by Carmen Baugh, Esq., Tywanda Brown and Andre Van Drost appeal the determinations of the Division of Selection Services, which found that they did not meet the experience, or educational and experience requirements for the open-competitive examination for Management Assistant ((M6640C), Newark School District.

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

B-57 NANCY E. CHIACCHIO
Nancy E. Chiacchio appeals the determination of the Division of Selection Services, which found that she was below the minimum requirements in experience for the promotional examination for Supervisor of Legal Secretarial Services (PS2343P), Department of Law and Public Safety.

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

B-58 JANET CUCINOTTA
Janet Cucinotta appeals the determination of the Division of Selection Services, which found that she was below the minimum requirements in education and experience for the promotional examination for Assistant Recreation Supervisor (PC0015D), Camden County.

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

B-59 SHARON DAVIS AND MARY HOFFMAN
Sharon Davis appeals the determinations of the Division of Selection Services, which found that, per the substitution clause for education, she did not meet the experience requirement for the promotional examination for Technical Assistant Classification (PS1231I), Southern State Correctional Facility. Mary Hoffman 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, Classification (PS1231I), Southern State Correctional Facility.

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

B-60 NANCY DISANTO
Nancy DiSanto appeals the determination of the Division of Selection Services, which found that she did not meet the required license or registration for the promotional examination for Clinical Laboratory Technician (PS1022K), Vineland Developmental Center.

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

B-61 BARBARA DUNN AND DOROTHY MURPHY
Barbara Dunn and Dorothy Murphy appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for the promotional examination for Head Clerk (PS1618K), Division of Youth and Family Services.

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

B-62 MICHAEL EVANGELISTA
Michael Evangelista appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Section Chief Health Care Facility (PS4183K), Ancora Psychiatric Hospital.

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

B-63 PATRICIA GORE
Patricia Gore 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 Claims Reviewer (Medical Assistance) (PS0982K), Division of Medical Assistance and Health Services.

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

B-64 ROBIN GOULD
Robin Gould appeals the determination of the Division of Selection Services, which found that she was below the minimum requirements in experience for the promotional examination for Principal Clerk Typist (PM2573B), Willingboro Township.

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

B-65 VICTORIA HAIRSTON AND VALERI LANE
Victoria Hairston appeals the determination of the Division of Selection Services, which found that she as ineligible for the promotional examination for Child Support and Paternity Specialist 2 (PS4899K), Division of Family Development, because she did not have the required amount of permanent status as of the closing date. Valeri Lane 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 Child Support and Paternity Specialist 2 (PS4899K), Division of Family Development.

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

B-66 ELIZABETH HUBER
Elizabeth Huber 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 Manager, Health and Senior Services (PS3383H), Department of Health and Senior Services.

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

B-67 NILDA LLOYD
Nilda Lloyd appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Classification Officer 4 (S2031D), South Woods State Prison.

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

B-68 JUDY MCDYER
Judy McDyer 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 Senior Clerk Typist (PS2396I), South Woods State Prison.

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

B-69 RENEE MENNELLA, ET AL.
Renee Mennella, Margaret Pennelli and Margaret Wildgoose appeal the determination of the Division of Selection Services, which found that, per the substitution clause for education, they did not meet the experience requirement for the promotional examination for Management Assistant (PS4871K), Division of Medical Assistance and Health Services.

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

B-70 EDWARD MILLER
Edward Miller appeals the decision of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Assistant Superintendent Recreation (PM0595C), Hoboken.

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

B-71 SELENIA ROLDAN
Selenia Roldan, represented by John L. Schettino, Esq., appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the open competitive examinations for Investigator 1 (S0708C) and Investigator 1, Bilingual Spanish/English (S0709C).

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

B-72 JOHN A. SCHADER AND JOHN S. WENZEL
John A. Schader and John S. Wenzel appeal the determinations of the Division of Selection Services, which found that they did not meet the experience requirements for the promotional examination for Truck Driver (PM0181D), West Milford.

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

B-73 CHRISTIAN STARK
Christian Stark appeals the determination of the Division of Selection Services that he was ineligible for the promotional examination for Police Sergeant (PM2543C), Winslow Township.

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

B-74 LARRY STASO
Larry Staso 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 Yard Supervisor (PC2873A), Passaic County

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

B-75 RICHARD SWEETEN
Richard Sweeten appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in education for the open competitive examination for Emergency Medical Service Technician (S6425C).

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

B-76 ELYSE TREZ
Elyse Trez appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examinations for Child Support Paternity Specialist 3 (PS0278K) and Child Support Paternity Specialist 2 (PS4899K), Division of Family Development.

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

B-77 FEROZE ALI
Feroze Ali appeals his score on the open competitive examination for Supervisor of Accounts (M4002C), Monroe Township.

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

B-78 ANGIE COOPER
Angie Cooper appeals her failing scores on the promotional examinations for Cottage Training Supervisor (PS4055K) and (PS0927K), Woodbine Developmental Center.

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

B-79 MARY COSTIN
Mary Costin appeals her failing score on the promotional examination for Residential Living Specialist (PS4893K), Vineland Developmental Center.

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

B-80 MICHELLE SENNI
Michelle Senni appeals her failing score and requests a make-up of the promotional examination for Management Improvement Specialist 2 (PS3438K), Ancora Psychiatric Hospital.

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

B-81 A'ISHA BASHIR
A'isha Bashir appeals the determinations of the Division of Selection Services, which found that she did not provide a required transcript or list of courses and credits for the open-competitive examinations for Classification Officer 3 (S2024D), Northern State Prison and Classification Officer 4 (S2029D), Northern State Prison and (S2027D), Statewide.

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

B-82 VIOLA THOMAS-HUGHES
Viola Thomas-Hughes appeals the determination of the Division of Selection Services, which found that she did not submit the required transcript or list of courses and credits for the promotional examination for Classification Officer 3 (PS1492I), Bayside State Prison.

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

B-83 ANTHONY AVILLO
Anthony Avillo appeals the administration of the oral portion of the promotional examination for Fire Officer 3 (PM4011C), North Hudson Regional Fire and Rescue Service.

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

B-84 TERRANCE CROWDER
Terrance Crowder appeals the administration of the oral portion of the promotional examination for Deputy Fire Chief (PM3593C), City of Camden.

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

B-85 MANSINH CHAUDHARI
Mansinh Chaudhari appeals the determination of the Division of Selection Services, denying her request for a make-up for the promotional examination for Senior Engineer Materials (PS3650T), Department of Transportation.

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

B-86 NAYDA CRUZ
Nayda Cruz appeals her failure of the written open competitive examination for Drug Abuse Counselor (C4058C), Camden County.

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

B-87 ROBERT FOCHT
The Division of Human Resource Management requests that Robert Focht, a Fire Lieutenant with North Hudson Regional Fire and Rescue Service, be given retroactive seniority to July 16, 1994, for record purposes only.

ACTION: The Merit System Board granted the request.

B-88 ABRAHAM JONES
Abraham Jones, represented by Michael K. Sharp, Executive Vice President #3, P.B.A. Local #105, requests that he be assigned a retroactive appointment date for record purposes.

ACTION: The Merit System Board denied the request.

B-89 MANAGEMENT SITUATIONS TEST
The Division of Selection Services requests modification of the expiration date for 140 State and 19 local Management Situations Test eligible lists.

ACTION: The Merit System Board granted the request.

B-90 ROGER STAHL
The Borough of Lodi appeals the determination of the Director, Office of Intergovernmental Services, which denied its request for the transfer of Roger Stahl from the title of Sheriff's Officer, Ocean County Sheriff's Office, to the title of Police Officer, Borough of Lodi.

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

B-91 JAMES R. ALLEN AND JAN RABAJDA
James R. Allen and Jan Rabajda, represented by Jesse J. Averhart, Executive Vice President, Communication Workers of America, Local 1033, request that they be permitted to amend their promotional applications retroactively to the closing date of the announcement for the promotional examination for Auditor 1, Taxation (PS3295U) to reflect all the counties containing Department of the Treasury (Treasury) audit field offices, and also be given retroactive appointments, where applicable, as if they had been given the opportunity to be certified to the locations with open positions. This matter was held over from the Merit System Board meeting of September 25, 2002.

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

B-92 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of September 25, 2002 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of September 25, 2002.

B-93 DONALD HICKERSON
The appeal of Donald Hickerson, a Correction Sergeant with Central Reception and Assignment Facility, Department of Corrections, of his removal, effective April 3, 2000 on charges, was before Administrative Law Judge Steven C. Reback (ALJ), who rendered his initial decision on July 2, 2002. At its meeting on September 10, 2002, the Merit System Board (Board) adopted the ALJ's recommendation to uphold the removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-94 MICHAEL RAVENDA
Michael Ravenda, a Construction Official with the Borough of Lodi (Lodi), appeals the good faith of his layoff effective August 3, 2001, for reasons of economy and efficiency. This matter was heard by Administrative Law Judge Carol I. Cohen (ALJ), who rendered her initial decision on August 2, 2002 upholding the layoff. At its meeting on September 25, 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 adopted the final decision.

B-95 KATHLEEN RHOADS
The appeal of Kathleen Rhoads, an Omnibus Operator with the Atlantic County Department of Human Services, of her removal, effective November 22, 2000 on charges, was heard by Administrative Law Judge Anthony T. Bruno (ALJ), who rendered his initial decision on July 26, 2002 modifying the removal to a 30-day suspension. At its meeting on September 10, 2002, the Merit System Board modified the removal to a 15-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 (Abstained)
Alan Dexter Bowman (Yes)
Josephine DiRienzo (Abstained)
Margaret E. L. Howard (Yes)
Robert J. Long (Yes)

B-96 DISTRICT PAROLE SUPERVISOR (PS4338I), STATE PAROLE BOARD
The New Jersey Law Enforcement Superiors Association (NJLESA), represented by Richard D. Fornaro, Esq., challenges the scope of eligibility for the promotional examination for District Parole Supervisor (PS4338I), State Parole Board.

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

B-97 EARLY SETTLEMENTS
Christian Granata
County of Burlington
County Jail
Suspension

ACTION: The Merit System Board acknowledged the settlement.

There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, October 23, 2002 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

______________________________
MARGARET E. L. HOWARD
PRESIDING BOARD MEMBER
MERIT SYSTEM BOARD

 
 
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