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

[Printable PDF Format]  

 

Robert M. Czech, Chairperson

Dolores Gorczyca

Daniel W. O’Mullan

 

February 22, 2017

 

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    A regular meeting of the Civil Service Commission was held on Wednesday, February 22, 2017, in Trenton, New Jersey.

 

          PRESENT: Robert M. Czech, Chairperson, Members Dolores Gorczyca and Daniel W. O’Mullan (via telephone); Pamela Ullman, Deputy Attorney General; Nicholas F. Angiulo, Assistant Director, Division of Appeals and Regulatory Affairs.

 

          In accordance with L.1975, c.231, the Secretary to the Civil Service Commission opened the meeting with the following statement:

 

    Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on November 28, 2016, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.

 

    All actions were by unanimous vote unless otherwise specified.

 

SECTION A – HEARING MATTERS

 

A-1    SETTLEMENTS

 

Richard Alvarez

Town of West New York

Department of Public Works

Suspension

 

Lakiesha Atkins (consolidated)

Central Reception and Assignment Facility

Department of Corrections

Suspension and Removal

 

Reinaldo Bosque and George Pepeira (consolidated)

Newark

Police Department

Suspensions

 

Michael Cirasella

Newark

Police Department

Suspension

 

Donna Cisco

East Orange

Police Department

Suspension

 

Ivonne Collazo

Garden State Youth Correctional Facility

Department of Corrections

Removal

 

Sully Delgado

Ancora Psychiatric Hospital

Department of Human Services

Removal

 

Michael Jenkins

Plainfield

Police Department

Removal

 

Elvis Lopez

Newark

Police Department

Suspension

 

Ruben Lugo

Bayside State Prison

Department of Corrections

Suspension

 

Carl Maglowski

Mercer County

Department of Transportation

Removal

 

Terrell McDonald

Hudson County

Department of Family Services

Suspension

 

Tariq McLamb

Newark

Public School District

Removal

 

Dyeemah Porter

New Jersey State Prison

Department of Correction

Release at end of working test period

 

Eduardo Roces

Newark

Police Department

Suspension

 

Johanna Shabazz

Mercer County

Department of Corrections

Suspension

 

Jason Skillern

Newark

Public School District

Suspension

 

Ayesha Waite

County of Passaic

Preakness Healthcare Center

Removal

 

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

 

ACTION:    The Civil Service Commission acknowledged the settlements.

 

A-2    RAYMOND ACEVEDO

 

Raymond Acevedo, Security Guard, Newark, School District, removal effective October 15, 2015, on charges of conduct unbecoming a public employee and other sufficient cause.

 

Recommendation of the Administrative Law Judge – Uphold the removal.

 

ACTION:    The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

 

A-3    VINCENZO BILLERO

 

Vincenzo Billero, Senior Correction Officer, Adult Diagnostic and Treatment Center, Department of Corrections, 10 working day and 30 working day suspensions on charges of conduct unbecoming a public employee and insubordination.

 

Recommendation of the Administrative Law Judge – Uphold the 10 working day and 30 working day suspensions.

 

ACTION:    The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

 

A-4    JESSICA GARCIA

 

Jessica Garcia, Police Officer, Union City, Department of Public Safety, removal effective July 1, 2014, on charges of failure to perform duties, insubordination, conduct unbecoming a public employee, neglect of duty, and other sufficient cause.

 

Recommendation of the Administrative Law Judge – Uphold the removal.

 

ACTION:    The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

 

SECTION B – MISCELLANEOUS MATTERS

 

B-1    SESILY APONTE – CSC DOCKET NO. 2016-3269

 

Sesily Aponte appeals the removal of her name from the Correction Officer Recruit (S9988T), Department of Corrections eligible list on the basis of an unsatisfactory background report, an unsatisfactory employment record, and falsification of the employment application.

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

 

B-2    ANGEL CINTRON – CSC DOCKET NO. 2017-560

 

Angel Cintron appeals the removal of his name from the list for Family Service Worker, Bilingual in Spanish and English (C0082T), Essex County, on the basis of failure to appear for the subject examination.

 

ACTION:     The Civil Service Commission directed that this appeal be granted.

 

B-3    DENNIS FELICIANO, JR. – CSC DOCKET NO. 2017-55

 

Dennis Feliciano, Jr., represented by Jeffrey J. Berezny, Esq., appeals the determination of the Division of Agency Services upholding the removal of his name from the eligible list for Sheriff’s Officer (S9999R), Essex County, on the basis that he falsified his application and possessed an unsatisfactory criminal background.

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

 

B-4    MIREILLE FRANCOIS – CSC DOCKET NO. 2016-3094

 

Mireille Francois appeals the removal of her name from the Police Officer (S9999R), City of Newark eligible list on the basis of falsification of her application.

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

 

B-5   DARREN JENKINS, II – CSC DOCKET NO. 2017-249

 

Darren Jenkins, II appeals the removal of his name from the eligible list for Human Services Specialist 1 (C0112T), Union County on the basis of an unsatisfactory employment record.

 

ACTION:     The Civil Service Commission directed that this appeal be granted, but his name be reflected as bypassed.

 

B-6    JONATHAN NUNEZ – CSC DOCKET NO. 2016-3010

 

Jonathan Nunez appeals the removal of his name from the eligible list for Correction Officer Recruit (S9988T), Department of Corrections, on the basis of having an unsatisfactory employment record and falsification of his employment application.

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

 

B-7    DONALD ZEPHIR – CSC DOCKET NO. 2016-3821

 

Donald Zephir, represented by Jennifer Meyer-Mahoney, Esq., appeals the removal of his name from the Correction Officer Recruit (S9988T), Department of Corrections eligible list on the basis of an unsatisfactory background report.

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

 

B-8    PAUL CARLISI – CSC DOCKET NO. 2017-197

 

Paul Carlisi, represented by Dudley Burdge, Senior Staff Representative, CWA Local 1032, appeals the decision of the Division of Agency Services which found that his position with the Office of Information Technology is properly classified as Building Services Coordinator 2. The appellant seeks a Building Management Services Specialist 3 job classification.

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

 

B-9    WILLIAM BARBER AND TAMARA SMITH CSC DOCKET NOS. 2017-752 AND 2017-753

 

William Barber and Tamara Smith appeal the determinations of the Division of Agency Services that they did not meet the experience requirements for the promotional examination for Assistant Buyer (PS2914T), Department of Transportation.

 

ACTION:     The Civil Service Commission directed that these appeals be granted.

 

B-10   WANDA JACKSON – CSC DOCKET NO. 2017-1733

 

Wanda Jackson appeals the decision of the Division of Agency Services which found that she did not meet the experience requirements for the promotional examination for Keyboarding Clerk 2 (PC1495U), Middlesex County.

 

ACTION:      The Civil Service Commission directed that this appeal be denied and the matter of the proper classification of the appellant’s provisional position be referred to Agency Services for review.

 

B-11   RAZIEL MIA – CSC DOCKET NO. 2016-1707

 

Raziel Mia appeals the determination of the Division of Agency Services which found that he did not meet the minimum requirements in experience for the open competitive examination for Vermin Control Specialist (M0380T), Paterson.

 

ACTION:     The Civil Service Commission directed that this appeal be granted.

 

B-12   NICHOLAS BREINER, ET AL. – CSC DOCKET NOS. 2017-1715, ET AL.

 

Nicholas Breiner (PM1311U), Belleville; Anthony Argento and Vincent Kerney (PM1315U), Bloomfield; Brian O’Hara (PM1345U), Newark; Jaime Navarro (PM1353U), Paterson; and Brian Murphy (PM1378U), Woodbridge; appeal the written portion of the examination for Police Captain (various jurisdictions).

 

ACTION:     The Civil Service Commission directed that these appeals be denied.

 

B-13   JOHN CHURCH, SR. – CSC DOCKET NO. 2017-1358

 

John Church, Sr., appeals his score on the examination for Battalion Fire Chief (PM1515T), Camden.

 

ACTION:     The Civil Service Commission directed that this appeal be denied and the score for the supervision component of the arriving scenario be reduced for 4 to 3.

 

B-14   AGRIPINO FIGUEROA – CSC DOCKET NO. 2017-1311

 

Agripino Figueroa appeals his score and his seniority on the examination for Battalion Fire Chief (PM1515T), Camden.

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

 

B-15   SAMUEL MUNOZ – CSC DOCKET NO. 2017-1378

 

Samuel Munoz, represented by Gregg Zeff, Esq., appeals his score on the examination for Battalion Fire Chief (PM1515T), Camden.

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

 

B-16   STEVE MCCONLOGUE – CSC DOCKET NO. 2017-1470

 

Steve McConlogue appeals his score on the examination for Battalion Fire Chief (PM1494T), Elizabeth.

 

ACTION:     The Civil Service Commission directed that this appeal be granted in part.

 

B-17   BRUCE STEVENS – CSC DOCKET NO. 2017-1291

 

Bruce Stevens appeals his score on the examination for Battalion Fire Chief (PM1494T), Elizabeth.

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

 

B-18   STEVEN STRAUSS – CSC DOCKET NO. 2017-1466

 

Steven Strauss appeals his score on the examination for Battalion Fire Chief (PM1494T), Elizabeth.

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

 

B-19   WILLIAM DOYLE – CSC DOCKET NO. 2016-3500

 

William Doyle, represented by Rose Richardson, CWA Local 1033, appeals the removal of duties pursuant to the January 29, 2016 decision of the Division of Agency Services.

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

 

B-20   ANTHONY GRAVES – CSC DOCKET NO. 2017-512

 

Anthony Graves, a Fire Captain with the City of Newark, represented by Tisha Adams, Esq., petitions the Civil Service Commission for interim relief of his indefinite suspension, commencing on April 6, 2016, pending the disposition of the criminal charges.

 

ACTION:     The Civil Service Commission directed that this petition be denied.

 

B-21   ODALYS RASTATTER – CSC DOCKET NO. 2017-2143

 

Odalys Rastatter, a former Police Lieutenant with the City of Passaic, represented by Matthew A. Peluso, Esq., requests reconsideration of the final administrative action of the Civil Service Commission, rendered on November 23, 2016, which upheld her removal effective December 7, 2012.

 

ACTION:     The Civil Service Commission directed that this request be denied.

 

B-22   JALEILA WILSON – CSC DOCKET NO. 2016-1288

 

Jaleila Wilson, an Investigator 3, Law and Public Safety with the Department of Law and Public Safety, petitions the Civil Service Commission for relief, pursuant to N.J.S.A. 11A:2-24 and N.J.A.C. 4A:2-5.1, from the alleged reprisal from her employer.

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

 

B-23   POLICE SERGEANT (PM0718P), NORTH ARLINGTON CSC DOCKET NO. 2016-2370

 

North Arlington requests reconsideration of the decision rendered on December 16, 2015 by the Civil Service Commission in In the Matter of Police Sergeant (PM0718P), North Arlington, which ordered it to properly dispose of the September 24, 2014 certification within 20 days, and remit $1,000 in compliance costs.

 

ACTION:     The Civil Service Commission directed that this request be denied.

 

B-24   E.B. – CSC DOCKET NO. 2017-886

 

E.B., an Assistant Professor with Stockton University, appeals the decision of the President, which found that the appellant did not present sufficient evidence to support a finding that he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

 

B-25   B.S. – CSC DOCKET NO. 2016-3757

 

B.S., a former Senior Cottage Training Technician with the Department of Human Services, appeals the determination of the Assistant Commissioner, which found sufficient evidence that the appellant had violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.

 

ACTION:     The Civil Service Commission directed that this appeal be denied and the appointing authority be assessed a fine in the amount of $2,500 for its untimely investigation.

 

B-26   CIVIL SERVICE COMMISSION MINUTES

 

Submitted for adoption are the Civil Service Commission minutes of its meeting of February 8, 2017.

 

ACTION:     The Civil Service Commission adopted the minutes of its meeting on February 8, 2017.

 

B-27   XIOMARA ORTIZ – CSC DOCKET NO. 2017-645

 

Xiomara Ortiz appeals the decision of the Division of Agency Services which found that she did not meet the experience requirements for the promotional examination for Keyboarding Clerk 2, Bilingual in Spanish and English (PC0683U), Ocean County.

 

ACTION:     The Civil Service Commission directed that this appeal be denied and the matter of the proper classification of the appellant’s provisional position be referred to Agency Services for review.

 

B-28   MICHAEL CHASE – CSC DOCKET NO. 2016-2987

 

Michael Chase, a former Police Chief, requests interim relief regarding his separation from employment with Irvington Township.

 

ACTION:     The Civil Service Commission directed that this request be granted in part.

 

B-29   IN THE MATTER OF HARRY TISCH, PROGRAM SUPPORT SPECIALIST 1, ASSISTANCE PROGRAMS (S2408N), STATEWIDE

          CSC DOCKET NO. 2017-2506

 

The Superior Court of New Jersey, Appellate Division, reversed the Civil Service Commission’s decision to grant the Department of Human Services’ request for a waiver of the appointment requirement for the Program Support Specialist 1, Assistance Programs (S2408N), eligible list and remanded the matter for a hearing at the Office of Administrative Law.

 

ACTION:    The Civil Service Commission directed that this matter be remanded to the Office of Administrative Law for a hearing.

 

B-30   CHANGE IN THE COMPENSATION PLAN

 

The Division of Agency Services requests the upward re-evaluation of the title Erosion Control Engineer by one class code attributable to an increase in requirements and scope of authority.

 

 

ACTION:     The Civil Service Commission directed that this request be granted.

 

B-31   B.P. – CSC DOCKET NO. 2017-2589

 

The Motor Vehicle Commission requests that N.J.A.C. 4A:6-1.22(d) be relaxed so as to permit B.P. to donate more that 30 sick days to G.P.

 

ACTION:     The Civil Service Commission directed that this request be granted.

 

B-32   MATTHEW KURLAND – CSC DOCKET NO. 2016-3099

 

The appeal of Matthew Kurland, a Judiciary Clerk 3 with the Judiciary, Somerset/Hunterdon/Warren Vicinage, of his removal, effective February 22, 2016, on charges, was heard by Administrative Law Judge Kimberly Moss (ALJ), who rendered her initial decision on December 12, 2016, modifying the removal to a four-month suspension. At its meeting on February 8, 2017, the Civil Service Commission (Commission) did not accept the recommendation to reduce the removal to a four-month suspension. Rather, the Commission upheld the removal. The proposed final decision is now submitted for the Commission’s review.

 

            ACTION:    The Civil Service Commission adopted the final decision.

 

 

There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Thursday, March 9, 2017, at 1:00 p.m., at 3 Station Plaza, Trenton, New Jersey.

 
 
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