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


Ida L. Castro, Chairwoman
Josephine DiRienzo
Robert J. Long

A regular meeting of the Merit System Board was held on Wednesday, February 26, 2003, in Trenton, New Jersey.

PRESENT: Chairwoman Ida L. Castor, Merit System Board members, Josephine DiRienzo, and 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, 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 December 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.

DATE: January 17, 2003

TO: Ida L. Castro, Commissioner
Department of Personnel

FROM: Elizabeth Van Marter, Acting Director
Human Resource Management

SUBJECT: Change in the Classification Plan

DEPARTMENT OF CORRECTIONS
The Department of Corrections requests an upward salary re-evaluation for the title of Supervisor of Identification. The incumbent is responsible for the coordination of the inmate intake process, which includes fingerprinting and photographing of inmates, custody and civilian staff and compiling inmate records.

The Department contends that the responsibilities of this function have increased as a result of new legislation and department policy, both of which have expanded the scope of the job. New legislation and revised policy have required the incumbent to assume responsibility for coordinating DNA sampling, conducting background checks on prospective employees and volunteers, and participating in the sex offender registration process mandated by Megan's Law. The incumbent has also assumed responsibility for fingerprint comparisons in conjunction with investigations conducted by the Special Investigations Division. This added task required the incumbent to complete special training in fingerprint identification and comparison, collection of evidence and photography of crime scenes.

An analysis of the added responsibilities warrants an increase in class code.

CHANGE IN CLASS CODE
Effective: 08/27/01

FROM: TO:
Supervisor of Identification
R18-45036 W NL
Supervisor of Identification
R20-45036 W NL


DATE: January 17, 2003

TO: Ida L. Castro, Commissioner
Department of Personnel

FROM: Elizabeth Van Marter, Acting Director
Human Resources Management

SUBJECT: Change in the Classification Plan

GENERAL
The Department of Labor requests the creation of a title series to classify the functions of staff performing the technical and paraprofessional collection, coding and analysis of statistical data.

Statistical data collection is an important function at the department of Labor. This data is used for the analysis of labor market, economic and demographic factors in New Jersey. The current series was created during the time when statistical data gathering was a clerical function, given the manual environment in which the work was performed. The current demands for information coupled with today's technological environment has changed statistical data gathering from a clerical to a technical function; the new series more accurately reflect the work being performed. It is designed to serve as a bridge to other professional titles, is intended to enhance employee mobility, and simplify classification.

We request the series be assigned for general use and be designated to the career service. The appropriate negotiations representatives are aware of and support this initiative. The existing clerical series will be frozen to prohibit new appointments, and will eventually be eliminated when all incumbents are re-appointed to their new levels.

CREATION OF TITLES
Effective: 1/25/03

Research Technician 3 Research Technician 2 Research Technician 1
A09 C 35/12 A13 C 35/12 A16 C 35/12


DATE: December 18, 2002

TO: Ida L. Castro, Commissioner
Department of Personnel

FROM: Elizabeth Van Marter, Acting Director
Human Resource Management

SUBJECT: Change in the Classification Plan

DEPARTMENT OF HUMAN SERVICES
The Department of Human Services recently requested approval for the re-activation of a title series. This request was made on behalf of staff assigned to the Division of Mental Health Services. A Federal mandate increased the education requirement for federally funded vocational rehabilitation counseling programs for the Commission of the Blind and Visually Impaired and the New Jersey Department of Labor. Positions assigned to the Division of Mental Health Services were not impacted by this change. The re-activated titles will be used to classify the functions of those not impacted by the mandate.

The revised series will be structured with the same number of levels and salary ranges as was the case prior to the Federal mandate. Inactive titles were available to use for all but one level in this series. The Department requests the creation of one title to classify the functions performed at the supervisory level of this series. A department-specific designation code is requested.

ADDITION OF TITLE
Effective: 11/03/01

Supervising Rehabilitation Counselor, Mental Health
R26    P    NL12

SECTION A - HEARING MATTERS
A-1 CHRISTINE CATHCART
Christine Cathcart, Code Enforcement Officer, Borough of Beach Haven, Department of Public Affairs and Safety, six-day suspension on charges of chronic and excessive lateness, and failure to report tardiness in a timely manner.

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-2 GEORGE COLAJEZZI
George Colajezzi, Sheriff's Officer, County of Burlington, Sheriff's Department, six-day suspension on charges of insubordination, conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Modify the six-day suspension to a four-day suspension.

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

A-3 MELANIE HALLEY
Melanie Halley, Communications Operator, Bayside State Prison, Department of Corrections, 30-day suspension on charges of insubordination, violation of rules regarding, inter alia, refusal to accept an order, failure or excessive delay in carrying out an order, and personal conduct.

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

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


A-4 STEPHANIE KING
Stephanie King, Graduate Nurse, Greystone Park Psychiatric Hospital, Department of Human Services, resignation not in good standing effective March 7, 2000, on the charge of abandonment of job.

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

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

A-5 JAMES MACDONALD
James MacDonald, Sheriff's Officer, County of Union, Sheriff's Department, 30-day suspension on the charge of 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.

A-6 MARIA MEREDITH
Maria Meredith, County Correction Officer, County of Ocean, Department of Corrections, six-month suspension on charges of conduct unbecoming a public employee and insurance fraud.

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

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

A-7 ROBERT OSLE'
Robert Osle', Senior Correction Officer, Mid-State Correctional Facility, Department of Corrections, ten-day suspension on the charge of insubordination.

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

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

A-8 VIRIGINIA RYNONE
Virginia Rynone, Recreation Assistant, Veterans' Memorial Home at Menlo Park, Department of Military and Veterans' Affairs, ten-day suspension on the charge of failure or excessive delay in carrying out an order which would result in danger to persons or property.

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

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

A-9 SHELTON SUAH
Shelton Suah, Hospital Attendant, County of Mercer, Department of Human Services, 60-day suspension on charges of sleeping while on duty, failure to return from scheduled break in a timely manner, neglect of duty and conduct unbecoming a county employee.

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

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

A-10 RENEE VASEY
Renee Vasey, Support Services Representative 2, Department of Transportation, return to formerly held permanent title of Support Services Representative 3, effective August 22, 2001.

Recommendation of the Administrative Law Judge - Dismiss the appeal.

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

A-11 EDWARD CRUZ, JR.
Edward Cruz, Jr., County Correction Officer County of Hudson, Department of Corrections, removal effective October 12, 2000, on charges of inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient causes.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-12 HOWARD JENKINS
Howard Jenkins, Truck Driver, City of Trenton, Department of Public Works, removal effective April 20, 2000, on the charge of violating the City's Impaired Employee Policy.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-13 BRIAN RENO
Brian Reno, Senior Correction Officer, Adult Diagnostic and Treatment Center, Department of Corrections, removal effective July 18, 2000, on charges of conduct unbecoming a public employee and violation of rules regarding personal conduct.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-14 NICHOLAS VAMVAKIDIS - SETTLEMENT
Nicholas Vamvakidis, Laborer, Township of North Bergen, Municipal Utilities Authority, removal effective December 28, 1999, on the charge of excessive absenteeism, abuse of sick time and insubordination. Settled to a resignation in good standing effective December 28, 1999, and a lump sum payment of $4,000.

Recommendation of the Administrative Law Judge - Acknowledge the settlement.

ACTION: The Merit System Board acknowledged the settlement.

A-15 JOSEPH PASZUL
Joseph Paszul, Plumber, County of Hudson, Public Resources Department, removal effective May 24, 2001, on charges of insubordination, neglect of duty and conduct unbecoming a public employee. This matter was held over from the December 18, 2002 Merit System Board Meeting.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-16 SETTLEMENTS

In the Matter of Judith Abramovtiz
Department of Health and Senior Services
Release at the end of the working test period

In the Matter of Camille Bilello
Brick Township School District
Return to permanent title at the end of the working test period

In the Matter of Yolanda Black
Department of Treasury
Removal and Resignation not in good standing

In the Matter of John C. Brooks
County of Bergen
List removal

In the Matter of Wayne Cassidy
New Jersey State Prison
Department of Corrections
Removal

In the Matter of Sharlene Deschler
County of Gloucester
Suspension

In the Matter of Leon Godbold
County of Essex
Department of Citizen Services
Suspension and Removal

In the Matter of Thomas Johnson
County of Cape May
Sheriff's Department
Removal

In the Matter of James Ortiz
Town of Kearny
Police Department
Good faith layoff

In the Matter of Amanda Parson
Division of Youth and Family Services
Department of Human Services
Release at the end of the working test period

In the Matter of Richard Piper, Jr.
East Jersey State Prison
Department of Corrections
Suspension and Removals (2)

In the Matter of Jamielyn Rossbach
Monmouth County
Sheriff' Department
Removal

In the Matter of John Schleckman
City of Linden
Department of Public Works
Suspension and Demotion

In the Matter of Larry Taylor, Sr.
Jersey City School District
Release at the end of the working test period

In the Matter of Novella Thomas
Greystone Park Psychiatric Hospital
Department of Human Services
Suspensions (2)

In the Matter of John R. Zitka
Department of Labor
Return to permanent title at the end of the working test period

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


ACTION: The Merit System Board acknowledged the settlements with the exception of Jamielyn Rossbach, which was held over for clarification.

A-17 PHILLIP HOWARD
Phillip Howard, Police Officer, City of Newark, Police Department, two 20-day suspensions on charges of two incidents of insubordination and violation of Police Department rules regarding, inter alia, demonstration of respect, obedience to orders, uniform, neglect of duty, and misconduct.

Recommendation of the Administrative Law Judge - Uphold both 20-day suspensions.

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

A-18 LARRY JOHNSON
Larry Johnson a Senior Correction Officer with Northern State Prison, Department of Corrections, appeals the denial of sick leave injury benefits.

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

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

A-19 ANDREW KING
Andrew King, Police Sergeant, City of Elizabeth, Police Department, 12-day suspension on the charge of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Reverse the 12-day suspension.

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

A-20 RICHARD J. WASHER
Richard J. Washer, Supervisor Public Works, Township of Sparta, Department of Public Works, three-month suspension and demotion to the position of Equipment Operator effective February 26, 1999, on the charge of violation of the Township's drug and alcohol policy.

Recommendation of the Administrative Law Judge - Uphold the three-month suspension and the demotion to the position of Equipment Operator.

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

A-21 JEFFREY BAYLOR
Jeffrey Baylor, Senior Medical Security Officer, Ann Klein Forensic Center, Department of Human Services, removal effective January 28, 2002, on the charge of improper conduct which violates common decency.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-22 GLYNDELL CURRY (REMAND)
Glyndell Curry, Residential Living Specialist, Vineland Developmental Center, Department of Human Services, removal effective June 30, 1997, on the charge of making a serious mistake due to carelessness which would result in danger and/or injury to persons or property.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-23 MARY LAWSON
Mary Lawson, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal effective January 2, 2002, on the charge of physical abuse of a patient.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-24 ANTHONY MCKENZIE
Anthony McKenzie, County Correction Officer, County of Union, removal effective May 11, 2000, on charges of conduct unbecoming a public employee and violating Union County rules and regulations.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a 120-calendar day suspension.

A-25 FRANCISO TORRES
Franciso Torres, Senior Correction Officer Bilingual in Spanish and English, Riverfront State Prison, Department of Corrections, removal effective July 30, 2001, on charges of conduct unbecoming a public employee and possession or sale of any controlled dangerous substance.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

SECTION B - MISCELLANEOUS MATTERS
B-1 RAYMOND T. KERN
Raymond T. Kern, represented by George R. Saponaro, Esq., appeals his rejection as a Police Officer candidate by the Township of Pennsauken and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-2 JOEL TORRES
Joel Torres, represented by David P. Shroth, Esq., appeals his rejection as a Police Officer candidate by the City of Trenton and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform the duties of the position.

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

B-3 NINA ADAMS
Nina Adams, a Head Nurse 12 Months with the 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 granted.

B-4 CYNTHIA BROWN
Cynthia Brown, a Judicial Secretary with the Office of Administrative Law, represented by Vikki Marshall-Thurston, Executive Vice President, CWA Local 1037, appeals the denial of sick leave injury (SLI) benefits.

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

B-5 JORGE COLON
Jorge Colon, a Senior Correction Officer at Riverfront 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-6 ANTHONY CROSS
Anthony Cross, a Senior Correction Officer with the Albert C. Wagner Youth Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-7 BOBBIE HODGES
Bobbie Hodges, a Senior Correction Officer with the Central Reception and Assignment 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 denied.

B-8 WILLIAM R. MURPHY III
William R. Murphy, III, an Electrical Mechanic with the Department of Transportation, represented by Harold N. Hensel, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-9 JOYCE RITCHIE
Joyce Ritchie, a Cottage Training Supervisor at 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.

B-10 LESLIE ROSS
Leslie Ross, a Nursing Services Clerk with Trenton Psychiatric Hospital, Department of Human Services, represented by John G. Devlin, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-11 PATRICIA SATTILARO
Patricia Sattilaro, a Family Service Specialist 1 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-12 DIANE SHARLEY
Diane Sharley, a Secretarial Assistant 2, Non-stenographic with the Division of Mental Health Services, Department of Human Services (DHS), appeals the denial of sick leave injury (SLI) benefits.

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

B-13 MONROE WHITE
Monroe White, a Senior Correction Officer at Albert C. Wagner Youth Correctional Facility, Department of Corrections (DOC), 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-14 EDWARD AYMAR
Edward Aymar appeals the removal of his name from the Maintenance Repairer (C6259C), Hudson County, eligible list, due to an unsatisfactory criminal record.

ACTION: The Merit System Board directed that this appeal be denied and Edward Aymar's status be recorded as forever disqualified from public employment pursuant to N.J.S.A. 2C:51-2(d).

B-15 JAMIZE BROWN
Jamize Brown appeals the decision of the Atlantic City Housing Authority to remove her name from the eligible list for Secretarial Assistant Typing (M1614C), Atlantic City Housing Authority, based on her failure of the typing examination.

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

B-16 SHARRON BURNETT
Sharron Burnett appeals the decision of Human Resource Information Services, which upheld the appointing authority's bypass of her name on a certification of the Sheriff's Officer Sergeant (PC2513A), Cumberland County, eligible list.

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

B-17 SHERI GOULD
Sheri Gould appeals the decision of the Division of Human Resource Information Services, which found that the appointing authority for Thomas Edison State College had presented a sufficient basis to remove her name from the regular reemployment eligible list for Principal Clerk Typist, due to her not being interested in the position.

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

B-18 WILLIAM A. NORIEGA
William A. Noriega appeals the decision of Human Resource Information Services (HRIS) which upheld the removal of his name from the eligible list for Correction Officer Recruit (S9999B), Department of Corrections due to an unsatisfactory criminal record.

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

B-19 ROBERT M. TURKOWSKY
The Town of Kearny appeals the decision of Human Resource Information Services, which denied its request to amend the August 31, 1998 certification for Police Officer (S9999W) to reflect the appointment of Robert M. Turkowsky as a Police Officer effective June 1, 1999.

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

B-20 ANTHONY R. VAUSS
Anthony R. Vauss 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 (S9999B), Township of Irvington, on the basis that the appellant made false statements of material facts on his preemployment application.

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

B-21 KEVIN R. YEAGER
Kevin R. Yeager, represented by John P. Morris, Esq., appeals the decision of the Division of Human Resource Information Services, which upheld the removal of the appellant's name from the Correction Officer Recruit (S9999D), Department of Corrections, eligible list due to an unsatisfactory criminal record.

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

B-22 LUELLA FRANKLIN
Luella Franklin, a Family Service Specialist 2 with the Division of Youth and Family Services (DYFS), Department of Human Services (DHS), appeals the determination of the Assistant Commissioner for Human Resources with the DHS, stating that the appellant had not 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-23 GREGORY R. HODGE, SR.
Gregory R. Hodge, Sr., a Business Manager at Marie H. Katzenbach School for the Deaf, Department of Education (DOE), appeals the determinations of the Commissioner of the DOE, stating that appellant failed to present sufficient evidence to support a finding that he had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-24 BOBBIE HODGES
Bobbie Hodges, a Senior Correction Officer with Central Reception and Assignment Facility, Department of Corrections (DOC), appeals the determinations of the Director of the Equal Employment Division with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination, Harassment, or Hostile Environments in the Workplace.

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

B-25 LINDA J. SIMON
Linda J. Simon, a School Social Worker with the Garden State Reception and Youth Correctional Facility, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment division (EED), with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-26 LAURIE TAYLOR
Laurie Taylor, an Unemployment Insurance Clerk with the Department of Labor appeals the determination of the Commissioner of the Department of Labor, which failed to address her claims that supervisory employees had subjected her to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment and Hostile Environments in the Workplace.

ACTION: The Merit System Board remanded the matter to the Department of Labor.

B-27 MARY B. SHANNON
Mary B. Shannon, formerly a Bus Driver with the New Lisbon Developmental Center, Department of Human Services, seeks enforcement of the decision of the Merit System Board In the Matter of Mary B. Shannon (MSB, decided March 27, 2001), with respect to benefits.

ACTION: The Merit System Board directed that the request for enforcement be granted in part.

B-28 GARY PINAR
The New Jersey State Parole Board and Gary Pinar, represented by Michael Cibenko, Staff Representative, CWA Local 1039, petition the Merit System Board (Board) for acknowledgement of the settlement reached between the parties.

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

B-29 COMPUTER SERVICE TECHNICIAN (M1643C), CITY OF LONG BRANCH
The appointing authority requests permission not to make an appointment from the certification for Computer Service Technician (M1643C), City of Long Branch.

ACTION: The Merit System Board granted the waiver and assessed costs.

B-30 ASWAD ANDERSON
Aswad Anderson 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 Technical Assistant, Management Information Systems (M6983C), Township of Orange.

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

B-31 KAREN BAKER
Karen Baker appeals the determination of the Division of Selection Services, which found that she did not meet the education and experience requirements for the open competitive examination for Program Monitor (M6965D), City of Bridgeton.

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

B-32 STEPHANIE D. BROWN
Stephanie D. Brown 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 (PC1955B), Essex County Prosecutor's Office.

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

B-33 KELLI CARLISI AND THEODORE CIMINO
Kelli Carlisi and Theodore Cimino appeal the determination of the Division of Selection Services which found that, per the substitution clause for education, they did not meet the experience requirements for the open competitive examination for Manager 1, Human Resources (S6522C).

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

B-34 JOHN CLARK, ET AL.
John Clark, Antoinette Dellamonica, and Gary Southward appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for the open competitive examination for Public Safety Telecommunicator (M0250D), Rockaway Township.

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

B-35 CINDY DAVIS
Cindy Davis 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 Personnel Assistant 4 (PS3405H), Department of Health and Senior Services.

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

B-36 HARRIET DIONNE, ET AL.
Harriet Dionne, et al., appeal the determinations of the Division of Selection Services that they did not meet the announced requirements for the promotional examination for Instructor Counselor, Department of Human Services.

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

B-37 MARY ELLEN D. FRENCH
Mary Ellen D. French appeals the determination of the Division of Selection Services, which found that she was below the minimum requirements in education and experience for the examination for Coordinator, Community Health Services (M6799D), Jersey City.

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

B-38 DOROTHY A. FOX
Dorothy A. Fox 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 Assistant Zoning Officer (M6589C), Township of Vernon.

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

B-39 ANTHONY GAROFALO
Anthony Garofalo appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Contract Administrator 2 (PS4966H), Department of Health and Senior Services.

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

B-40 SUSAN GARSIDE
Susan Garside 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 1 (PS2721I), Southern State Correctional Facility. Ms. Garside also 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 open competitive examination for Classification Officer 1 (S2010B), Southern State Correctional Facility.

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

B-41 KIM GUISEPPI
Kim Guiseppi appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Secretarial Assistant Typing (PC1589C), Camden County.

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

B-42 ANTHONY LAWRENCE
Anthony Lawrence appeals the determination of the Division of Selection Services that he did not meet the education and experience requirements for the promotional examination for Instructor Counselor (PS1848K), Department of Human Services.

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

B-43 EUGENE MURPHY
Eugene Murphy 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 Project Coordinator, Construction (C6729D), Monmouth County.

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

B-44 KATRINA PARSONS

Katrina Parsons 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 1 (PS2721I), Southern State Correctional Facility.
ACTION: The Merit System Board directed that this appeal be denied.

B-45 NISTHA PATEL
Nistha Patel appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Head Clerk Bookkeeper (PS8710J), Montclair State University.

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

B-46 CARMEN PEREZ AND LUZBETHSAIDA OROZCO
Carmen Perez and Luzbethsaida Orozco appeal the determinations of the Division of Selection Services that they did not meet the education and experience requirements for the promotional examination for Management Assistant (PM0606D), Newark School District.

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

B-47 DEIDRE PETERS, ET AL.
Deidre Peters, Alberta Tiscione and Leonard Willis appeal the determination of the Division of Selection Services, which found that, per the substitution clause for education, they were below the minimum requirements in experience for the promotional examination for Taxpayer Service Representative 3 (PS1093U), Department of the Treasury.

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

B-48 ADAM RIVERA, GUS GUZMAN, JR., AND KELVIN SHIVER
Adam Rivera, Gus Guzman, Jr. and Kelvin Shiver appeal the determinations of the Division of Selection Services that they did not meet the announced education requirements for the open competitive examination for Probation Officer.

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

B-49 DARA J. TANZOLA
Dara J. Tanzola appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the open competitive examination for Deputy Municipal Court Administrator (M6876D), Town of Boonton.

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

B-50 PALMER ASKIN, ET AL.
Palmer Askin, Thomas Dixon and Gerard Perna appeal their scores on the promotional examination for Landscape Technician (PS3928T), Department of Transportation.

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

B-51 EILEEN BELL
Eileen Bell appeals the determination of the Division of Selection Services, which found that she filed an application after the announced application filing deadline for the open competitive examination for Youth Activities Supervisor (C6415C), Bergen County.

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

B-52 JAMES GOLDEN
James Golden appeals the administration of the promotional examination for Deputy Police Chief (PM4020C), City of Newark.

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

B-53 AMBROSE VERRONE
Ambrose Verrone requests a make-up examination for County Correction Captain (PC4036C), Passaic County.

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

B-54 WAYNE HOLBIG, ET AL
The Acting Director, Division of Human Resource Management, on behalf of the Mercer County Board of Social Services, requests that Wayne Holbig and Linda Nemes' experience be accepted to qualify them for a prospective promotional examination for the title of Procedures Analyst. It is also requested that Carol Wake's experience be accepted to qualify her for a prospective promotional examination for Senior Technician, Management Information Systems.

ACTION: The Merit System Board granted the request.

B-55 EDWIN W. HANLE, JR.
Edwin W. Hanle, Jr., appeals the determination of the Division of Selection Services, which found that he was not permanent in a title to which the examination was open for the Senior Mechanic (PC222C), Ocean County, promotional examination.

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

B-56 JOHN KOWALUK

John Kowaluk, a Sanitary Inspector with the Township of Middletown, requests a retroactive date of appointment.

ACTION: The Merit System Board granted the request.

B-57 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of January 29, 2003 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of January 29, 2003.

VOTE: Ida L. Castro (Yes)
  Josephine DiRienzo (Abstained)
  Robert J. Long (Yes)


B-58 MELINDA M. ARMENTI
Melinda M. Armenti appeals her rejection as a County Correction Officer candidate by the County of Mercer and its request to remove her 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 granted.

B-59 CHESTER MECKA
Chester Mecka appeals his rejection as a Police Officer candidate by the City of Jersey City and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-60 DOMINIC BRADFORD
Dominic Bradford, an Operating Engineer Heating and Air Conditioning with South Woods State Prison, Department of Corrections (DOC), appeals the denial of sick leave injury (SLI) benefits.

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

B-61 SOLANGE CURRY
Solange Curry, a former Teacher 1, 12 months, with the Department of Human Services (DHS), represented by Jane A. Herchenroder, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-62 SEAN BRESLIN
Sean Breslin appeals his bypass on a promotional list for Senior Security Guard (PC0420B), Cape May County.

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

B-63 JANET HARDEN
Janet Harden, appeals the decision of the Division of Human Resource Information Services (HRIS), which upheld the removal of her name from the eligible list for Cottage Training Supervisor (PS9245K), Department of Human Services, on the basis of an unsatisfactory employment record.

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

B-64 KENNETH PETTIFORD
Kenneth Pettiford appeals the removal of his name from the eligible list for Correction Officer Recruit (S9999B), Department of Corrections on the basis that he made false statements of material facts on his preemployment application.

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

B-65 EDWARD ROGERS
Edward Rogers appeals the decision of Human Resource Information Services which upheld the removal of the appellant's name from the special remployment list for Safety Specialist, 2 DMV, Department of Transportation on the basis of his failure to respond to a notice of certification.

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

B-66 LEWIS SMALLS
Lewis Smalls appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for County Correction Officer (S9999B), County of Camden on the basis of his not being interested in the position.

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

B-67 ANTHONY VLACHOS
Anthony Vlachos, represented by John T. Coyle, Esq., appeals the decision of Human Resource Information Services which upheld the bypass of his name on the eligible list for Police Officer (S9999B), Jersey City.

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

B-68 HATHA BARAKA
Hatha Baraka, a Correction Lieutenant at Northern State Prison, Department of Corrections (DOC), appeals the determinations of the Director, Equal Employment Division (EED), DOC, which found that the appellant failed to present sufficient evidence to support a finding that he had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

ACTION: The Merit System Board remanded these matters to Department of Corrections for further investigation.

B-69 STEPHEN TOIA
Stephen Toia, an Appeals Examiner 1 with the Department of Labor, appeals the determination of the Commissioner of the Department of Labor which found that the appellant failed to present sufficient evidence to support a finding that he had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

ACTION: The Merit System Board directed that this appeal be remanded to the Department of Labor for further investigation.

B-70 ROY VICTOR
Roy Victor, a Trooper 1 with the Division of State Police, Department of Law and Public Safety, appeals the determination of the Attorney General which found that the appellant failed to present sufficient evidence to support a finding that he had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-71 DAVID MESHOWSKI
David Meshowski, a former Program Development Specialist 1 with the Department of Health and Senior Services (DHSS), appeals the decision of DHSS' Americans with Disabilities Act (ADA) Committee denying his request for a reasonable accommodation.

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

B-72 JOSEPH BODEK
The Division of Human Resource Management requests an interim non-competitive appointment for Joseph Bodek, Department of Purchasing, City of Linden, in accordance with N.J.A.C. 4A:3-1.2(c).

ACTION: The Merit System Board granted the request.

VOTE: Ida L. Castro (Yes)
  Josephine DiRienzo (Yes)
  Robert J. Long (Abstained)

B-73 CONSTRUCTION OFFICIAL (M2143A), BOROUGH OF POINT PLEASANT
The appointing authority requests permission not to make an appointment from the certification for Construction Official/Fire Official (M2143A), Borough of Point Pleasant.

ACTION: The Merit System Board denied the request.

B-74 ROBERT M. LOKERSON
The Borough of Point Pleasant, represented by Christopher J. Connors, Esq., appeals the decision of Human Resource Information Services (HRIS) which denied its request to amend the July 3, 1997 certification for Police Officer (M4326Y) to reflect the appointment of Robert M. Lokerson as a Police Officer effective October 6, 1997.

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

B-75 BRYON PUGH
The Superior Court, Appellate Division, in In the Matter of Bryon Pugh, Docket No. A-6267-00T5 (App. Div. October 22, 2002), reversed and remanded the Merit System Board's (Board) June 12, 2001 decision removing appellant's name from the Sheriff's Officer (C1303Z), Burlington County eligible list and restoring appellant's name to the Sheriff's Officer (S9999W), Burlington County eligible list.

ACTION: The Merit System Board directed that the appellant's name be removed from both eligible lists.

B-76 LISA RACZ AND ROGER REINSON
North Brunswick Township petitions the Merit System Board to grant retroactive dates of appointment to Police Lieutenant for Lisa Racz and Roger Reinson.

ACTION: The Merit System Board granted the requests.

B-77 THOMAS E. SCALERA
Thomas E. Scalera, represented by Francine Foner, Esq., and the City of Plainfield request acknowledgement of a settlement agreement, which resolves a lawsuit filed in U.S. District Court alleging that the City of Plainfield's failure to promote him to the title Fire Lieutenant discriminated against him.

ACTION: The Merit System Board granted the request.

B-78 JOHNNY WALKER
Johnny Walker, a former Laborer with the City of Newark, requests a hearing regarding his release at the end of the working test period, effective October 8, 1999.

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

B-79 THOMAS ANG AND SCOTT SMITH
The appeals of Thomas Ang, an Emergency Medical Technician (EMT), City of Ocean City, of his 10-day suspension and removal, effective September 20, 2001, on charges and the appeals of Scott Smith, also an EMT, City of Ocean City, of his 10-day suspension, 30-day suspension and removal, effective December 1, 2001 on charges were heard by Administrative Law Judge Lillard E. Law (ALJ), who rendered his initial decision on December 9, 2002. At its meeting on January 29, 2003, the Merit System Board (Board) adopted the ALJ's recommendation to uphold Ang and Smith's 10-day suspensions and Smith's 30-day suspension. However, the Board modified the removals to resignations in good standing. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-80 GABRIEL ANGEMI, ET AL
The appeal of Gabriel Angemi, et al., of the removal from the eligible list for Fire Fighter, Camden (M906-4S) based on residency, was heard by Administrative Law Judge Steven C. Reback (ALJ), who rendered his initial decision on December 10, 2002 dismissing the appeal for failure to prosecute. At its meeting on January 29, 2003, the Merit System Board (Board) did not adopt the ALJ's decision. Rather, the Board acknowledged the settlement reached by the parties. The proposed final decision is now submitted for the Boards review.

ACTION: The Merit System Board adopted the final decision.

B-81 DENISE BAKER
The appeal of Denise Baker, a Former Correction Lieutenant with East Jersey State Prison, Department of Corrections, of her 30-day suspension on charges, was heard by Administrative Law Judge William S. Jeremiah (ALJ), who rendered his initial decision on December 16 2002. At its meeting on January 29, 2003, the Merit System Board (Board) did not adopt the ALJ's conclusion that discipline could not be imposed since the appellant had retired. Rather, the Board sustained the 30-day suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-82 CHARLES HATCHER
The appeal of Charles Hatcher, a Senior Correction Officer with Northern State Prison, Department of Corrections (DOC), of his removal effective July 11, 2002, on charges, was heard by Administrative Law Judge Ken R. Springer (ALJ), who rendered his initial decision on November 18, 2002, modifying the removal to a resignation in good standing. At its meeting on January 29, 2003, the Merit System Board (Board) adopted the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-83 VIRGINIA MARRERO
The appeal of Virginia Marrero, a Police Officer with the City of Newark Police Department, concerning her 10-day suspension effective November 5, 2001 on charges, was heard by Administrative Law Judge William S. Jeremiah (ALJ), who rendered his initial decision on October 11, 2002. At its meeting on January 29, 2003, the Merit System Board (Board) adopted the ALJ's recommendation to dismiss the charges. The proposed final decision is now submitted for the Boards review.

ACTION: The Merit System Board adopted the final decision.

B-84 ANTHONY SACCARO AND CHARLES CUTLER
The appeal of Anthony Saccaro, a Fire Protection Subcode Official, and Charles Cutler, a Construction Official with the Township of Allamuchy, of the good faith of their layoffs effective April 2, 1999, was heard by Administrative Law Judge Robert J. Giordano (ALJ), who rendered his initial decision on November 7, 2002. At its meeting on January 29, 2003, the Merit System Board (Board) adopted the ALJ's recommendation to reverse the layoffs. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-85 THELMAN THOMAS
The appeal of Thelman Thomas, a Custodial Worker with the Newark School District, of his removal effective March 19, 2001, on charges, was heard by Administrative Law Judge William S. Jermiah (ALJ), who rendered his initial decision on September 30, 2002. At its meeting on January 29, 2003, the Merit System Board (Board) adopted the ALJ's recommendation to reverse the removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-86 DEBORAH E. BATTIS
Deborah E. Battis appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the Executive Assistant 2 (PS1804I), Edna Mahan Correctional Facility for Women, promotional examination.

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

B-87 JOHN R. BERSEY
John R. Bersey 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 Assistant Zoning Officer/Code Enforcement Officer (M6597C), Township of Vernon.

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

B-88 VALERIE CALCAGNI
Valerie Calcagni 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 Data Processing Analyst 2 (OIT) (PS2358U), Office of Information Technology.

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

B-89 LAWRENCE CAPPOLI ET AL.
Lawrence Cappoli, Patrick Johnston, Carol L. Pasquale, Anne Rose Smith and Gregory A. Zachar appeal the determination of the Division of Selection Services, which found that they failed to meet the requirements for the open-competitive examination for Code Enforcement Officer/Program Monitor (M6856D), City of Jersey City.

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

B-90 EVANGELINE M. DIXON
Evangeline M. Dixon appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the examination for Assistant Director of Nursing Services 1 (Developmental Disabilities) (S9135C), Division of Developmental Disabilities.

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

B-91 LAUREE FOGELMAN, ET AL
Lauree Fogelman, Renee G. Riviello, and Ramona Wischet appeal the determination of the Division of Selection Services which found that they were below the minimum requirements in experience for the open competitive examination for Senior Community Program Specialist (S0028D), Division of Developmental Disabilities.

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

B-92 JOHN HALLQUIST, ET AL
John Hallquist, Douglas Inferrera, Charles Seiferman, and David Smith appeal the decisions of the Division of Selection Services which found they did not meet the experience requirements for the promotional examination for Fire Chief (PM3505D), Millville.

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

B-93 DONNA JOHNSON-FRONTERHOUSE
Kevin P. McCann, Esq., on behalf of Donna Johnson-Fronterhouse, appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in education for the promotional examination for Investigator Secured Facilities (PS2537I), Department of Corrections.

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

B-94 ANITA LUBRANO-LAVADERA
Anita Lubrano-Lavadera 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 1 (Medical Assistance) (PS0985K), Division of Medical Assistance and Health Services.

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

B-95 KATHLEEN SAVIDGE
Kathleen Savidge 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 Assistant Purchasing Agent (PC2052C), Camden County.

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

B-96 STEVEN SHEPP
Steven Shepp 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 Quality Assurance Specialist, Health Services (PS2802K), Woodbridge Developmental Center.

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

B-97 RONALD STOCK
Ronald Stock appeals the determination of the Department of Human Services, Office of Human Resources, which found that he was ineligible for the promotional examination for Supervising Administrative Analyst (PS7780K), Division of Family Development because he was not employed in the announced unit scope.

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

B-98 JOHN A. TILTON
John A. Tilton appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the open-competitive examination for the "dual" title of Code Enforcement Officer/Zoning Officer (M6993D), Borough of Lakehurst.

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

B-99 NADINE VERNON
Nadine Vernon appeals the determination of the Division of Selection Services which found that she did not meet the education requirements for the promotional examination for Training Technician (PS0633K), New Lisbon Developmental Center.

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

B-100 JOEL K. CAULTON
Joel K. Caulton appeals his score on the open-competitive examination for Aeronautical Operations Specialist (S9132C), Department of Transportation. It is noted that this matter was held over from the Merit System Board meeting of January 29, 2003.

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

B-101 FRANCIS PAUL DALY, ET AL
Francis Paul Daly, represented individually by Craig S. Gumpel, Esq., Christopher Weiss, Karl Manns, Francis Paul Daly, Dean Spann, Anthony Stafford and Douglas Brookes, represented as a group by Paul L. Kleinbaum, Esq. on behalf of the East Orange Fire Officers Association, appeal mistakes in their seniority scores and/or request retroactive seniority, for record purposes only, due to the changes in Merit System rules which govern layoffs. Additionally, Karl Manns appeals his total seniority score on the examination for Deputy Fire Chief (PM3575C), East Orange.

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

B-102 JOYCE HILDEBRAND
Joyce Hildebrand appeals the validity and administration of the promotional examination for Senior Public Safety Telecommunicator, State Police (PS3573P), Department of Law and Public Safety.

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

B-103 JUANITA HUSTON AND WANDA LOVETT
The Department of State requests that the Merit System Board (Board) approve the out-of-title work experience of Juanita Huston and Wanda Lovett in order that they may each qualify for promotion to the respective titles of Contract Administrator 2 and Senior Fiscal Analyst.

ACTION: The Merit System Board granted the request.

B-104 INVESTIGATOR, PENAL INSTITUTION, ESSEX COUNTY
The Superior Court, Appellate Division, has remanded the Merit System Board's determination that the Investigator, Penal Institution function could not be encompassed within the County Correction Officer title series.

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

B-105 EARLY SETTLEMENTS
Christopher Ash
Division of Human Resources
Department of Transportation
(3) suspensions and removal

Clifford Fritsch
Forensic Psychiatric Hospital
Department of Human Services
Suspension

Idalina Garcia
Vineland Developmental Center
Department of Human Services
Release at the end of the working test period

Alan Harle
Township of Pennsauken
] Department of Public Works
Removal

Mary Hester
Vineland Developmental Center
Department of Human Services
Release at the end of the working test period

Joyce Howard
Department of Corrections
Suspension and release at the end of the working test period

David Kessler
Department of Labor
Release at the end of the working test period

Danielle Panter

New Lisbon Developmental Center
Department of Human Services
Release at the end of the working test period

Adam Robinson
Division of Youth and Family Services
Department of Human Services
Release at the end of the working test period

Sandra Rose
Vineland Developmental Center
Department of Human Services
Release at the end of the working test period

Ronda Rothmaller
Woodbine Developmental Center
Department of Human Services
Removal

Vendetta Smith
Woodbine Developmental Center
Department of Human Services
Resignation not in good standing

Claudette Thomas
Division of Youth and Family Services
Department of Human Services
Suspension

Theodore Warfield
New Jersey State Prison
Department of Corrections
(2) suspensions

ACTION: The Merit System Board acknowledged the settlements.

B-106 GEORGE A. LOPEZ
The appeal of George Lopez, a former County Correction Captain with Cumberland County, regarding his entitlement to back pay and counsel fees following the dismissal of disciplinary charges underlying his removal, effective October 8, 1986, was heard by Administrative Law Judge (ALJ) Beatrice S. Tylutki, who rendered her initial decision on December 19, 2002. At its meeting on January 29, 2003, the Merit System Board did not adopt the ALJ's recommendation which limited the appellant's entitlement to back pay to the periods of October 8, 1986 to December 3, 1987 and October 23, 1997 and July 9, 1999. Rather, the Board concluded that the appellant was entitled to back pay for the period from October 8, 1986 to July 9, 1999. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, March 12, 2003 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD

 
 
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