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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, March 26, 2003, in Trenton, New Jersey.

PRESENT: Chairwoman Ida L. Castro, Merit System Board members, Alan Dexter Bowman, Josephine DiRienzo, Margaret E. L. Howard and Robert 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, 2003, 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: December 23, 2002

TO: Ida L. Castro, Commissioner
Department of Personnel

FROM: Elizabeth Van Marter, Acting Director
Human Resource Management

SUBJECT: Change in the Classification Plan

GENERAL
The Departments of Labor and Community Affairs request the creation of a new title to classify the functions of staff responsible for amusement inspections under the Uniform Construction Code (UCC). Legislation now requires an additional license for staff conducting amusement inspections. The new title will be incorporated into an existing series and, will be used for the restructuring of the Safety Inspector series. Once all Safety Inspectors are moved as planned, the Safety Inspector series will be eliminated. The appropriate negotiation's representatives are aware of and support this request.

ADDITION OF TITLE
Effective: 01/11/03

Construction Code Inspector 2
I24 _____ * 40/12

WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:

Kendall Brown, Building Maintenance Worker, County of Cumberland, removal.

James P. Filardo, Sewage Plant Operator, Bergen County Utilities Authority, good faith layoff.

Vivian Morton, Head Clerk Bookkeeper, Division of Developmental Disabilities, Department of Human Services, suspension and two removals.

John Scali, County Correction Lieutenant, Department of Corrections, County of Monmouth, two removals.

Sammy Tse, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal.

Jonathan Williams, Human Services Specialist 2, Department of Human Services, County of Monmouth, suspension.

Michael Wilson, Correction Sergeant, Northern State Prison, Department of Corrections, suspension.

Timothy Wright, Senior Probation Officer, Essex Vicinage, Department of Judiciary, removal.

DISMISSAL OF APPEALS - FAILURE TO APPEAR
The Merit System Board dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:

Chantale Bocicaut, Nurses Aide, Department of Health Care Facilities, County of Monmouth, suspension.

Mark Davis, Computer Operator Assistant, Department of Treasury, removal and resignation not in good standing.

Emmanuel Prudent, Police Officer, City of Newark Police Department, removal.

Sean Ward, Juvenile Detention Officer, Department of Corrections and Youth Services, County of Monmouth, suspension.

Michael Wilson, Family Service Worker, County of Hunterdon, removal.

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS

In the Matter of Keith Bieber
Township of Middletown
Suspension

In the Matter of V. Holly Brinker
City of Asbury Park
Layoff

In the Matter of Ronald Bumbrey
County of Camden
Department of Health Services Center
Suspension

In the Matter of Scott Corcoran
Township of Lacey
Department of Public Works
Removal

In the Matter of Roger Harris
City of Newark
Police Department
Removal

In the Matter of Kevin Hunter
New Jersey State Prison
Department of Corrections
Removals (2)

In the Matter of Raymond Jenkins
New Lisbon Developmental Center
Department of Human Services
Removal and Suspension

In the Matter of Patricia Williams
Woodbridge Developmental Center
Department of Human Services
Removal

In the Matter of Richard J. Yurkovic
Township of Jackson
Department of Public Works
Release 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.

A-2 BRUCE ASSANTE
Bruce Assante, Principal Investigator, Riverfront State Prison, Department of Corrections, ten-day suspension on charges of conduct unbecoming a public employee, discrimination that affects equal employment opportunity including, sexual harassment, and other sufficient cause.

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-3 VICTOR GARY
Victor Gary, Senior Juvenile Detention Officer, County of Passaic, Department of Youth Services, 30-day suspension on charges of conduct unbecoming an employee and discrimination that affects equal employee opportunities including, sexual harassment.

Recommendation of the Administrative Law Judge - Reverse the 30-day suspension.

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

A-4 KAY HESTER
Kay Hester, Office Services Manager, City of Plainfield Housing Authority, appeals the good faith of her layoff effective September 5, 2000, for reasons of economy and efficiency.

Recommendation of the Administrative Law Judge - Uphold the layoff.

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

A-5 CHRISTOPHER CHRISTIAN
Christopher Christian, County Correction Officer, County of Burlington, County Jail, removal effective April 25, 2001, on charges of conduct unbecoming a public employee, and violation of Burlington County's urinalysis policy.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-6 FIDIBERTO GONZALEZ
Fidiberto Gonzalez, Police Officer, City of Union City, Department of Public Safety, removal effective October 16, 2000, on charges of incompetency, inefficiency, failure to perform duties, conduct unbecoming a public employee, neglect of duty, use of illegal drugs, and, inter alia, violation of Police Department rules and regulations.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-7 SHARON HARRIS (REMAND)
Sharon Harris, Cottage Training Technician, Woodbine Developmental Center, Department of Human Services, two removals effective February 14, 2001 and March 16, 2001, on the charge of chronic and excessive absenteeism.

Recommendation of the Administrative Law Judge - Uphold the removals.

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

A-8 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. This matter was previously presented to the Merit System Board at its regular meeting of February 26, 2003, and was held over for summary of testimony.

Recommendation of the Administrative Law Judge - Uphold the return to the formerly held permanent title.

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

SECTION B - MISCELLANEOUS MATTERS
B-1 GARY THACKER, JR.
Gary Thacker, Jr., represented by Robert Ramsey, Esq., appeals his rejection as a Sheriff's Officer candidate by the County of Ocean and its request to remove his name from the eligible list for Sheriff's Officer on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-2 JASON T. D'ELIA
Jason T. D'Elia appeals his rejection as a Police Officer candidate by the City of Hackensack and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-3 MARILYN BOFFA
Marilyn Boffa, a Teacher 1 (12 Months) with the Garden State Reception and 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 granted.

B-4 ELLEN EISENBERG
Ellen Eisenberg, a Staff Clinical Psychologist 3, Mental Health Services with Ancora Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-5 DENNIS WALDT
Dennis Waldt, a Correction Lieutenant at Southern State Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-6 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. This matter was held over from the Merit System Board meeting of February 26, 2003.

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

B-7 GARY HUHN
Gary Huhn 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 Park Ranger (C2029C), Monmouth County, based on his indication that he was no longer interested in the position.

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

B-8 VIRGILIO RODRIGUEZ, JR.
Virgilio Rodriguez, Jr., appeals the decision of Human Resource Information Services, which found that the Department of Corrections had presented a sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9999B) eligible list due to an unsatisfactory employment history.

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

B-9 JOHN VARGAS
John Vargas, represented by Stuart J. Alterman, Esq., appeals the decision of the Division of Human Resource Information Services, which upheld his non-appointment from the Supervisor Building Services (M4023C), Vineland City School District/Board of Education eligible list.

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

B-10 LISA EASLEY
Lisa R. Easley, a Correction Sergeant at Northern State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division, with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

ACTION: The Merit System Board granted a hearing.

B-11 DERRELL ELLIS
Derrell Ellis, a Senior Correction Officer at Northern State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division (EED), with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that 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 the matter to the Department of Corrections.

B-12 THELMA J. TUTT
Thelma J. Tutt, a Habilitation Plan Coordinator with the New Lisbon Developmental Center, Department of Human Services (DHS), appeals the decisions of the Assistant Commissioner for Human Resources denying her request for a reasonable accommodation.

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

B-13 AHMED RAJAHN
Ahmed Rajahn, a former Senior Correction Officer at East Jersey State Prison, Department of Corrections, represented by Fred Shahrooz Scampato, Esq., requests a hearing regarding his removal effective November 30, 1989.

ACTION: The Merit System Board denied the request.

B-14 DANIEL MCKNIGHT, JR.
The Superior Court, Appellate Division, has remanded the September 13, 2002 decision of the Director of Merit System Practices and Labor Relations denying Daniel McKnight, Jr., a hearing on the appeal of his removal.

ACTION: The Merit System Board granted the request.

B-15 WILLIAM WHITTAKER
William Whittaker, a Senior Correction Officer at New Jersey State Prison, Department of Corrections, represented by Frank M. Crivelli, Esq., petitions the Merit System Board for back pay following the dismissal of disciplinary charges at his departmental hearing.

ACTION: The Merit System Board granted the appellant back pay from January 24, 2002 through April 30, 2002.

B-16 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. This matter was held over from the Merit System Board meeting of February 26, 2003.

ACTION: The Merit System Board acknowledged the settlement.

B-17 JAMES W. BEADLING, JR.
James W. Beadling, Jr., petitions the Merit System Board for reconsideration of the final administrative decision, rendered on March 27, 2001, which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999W), City of Camden on the basis of an unsatisfactory criminal record.

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

B-18 JOSEPH BOPP
Joseph Bopp, represented by John D. Feeley, Esq., requests reconsideration of the final decision of the Merit System Board, rendered on October 9, 2002, which found that the appointing authority's bypass of the petitioner's name for appointment on the August 15, 2001 certification for Fire Captain (PM3591A), East Orange Fire Department, eligible list was proper.

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

B-19 CRAIG DAVIS
Craig Davis, a Senior Correction Officer at South Woods State Prison, Department of Corrections, represented by Colin M. Lynch, Esq., petitions the Merit System Board for reconsideration of the final decision, rendered on December 4, 2002, which affirmed the ALJ's recommendation to increase his disciplinary penalty from a 15-day suspension to a six-month suspension.

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

B-20 VIRGINIA RYNONE
The appeal of Virginia Rynone, a Recreation Assistant with the New Jersey Veterans' Memorial Home at Menlo Park, Department of Military and Veterans' Affairs, of her 10-day suspension beginning February 21, 2002, on charges, was heard by Administrative Law Judge Anthony T. Bruno (ALJ), who rendered his initial decision on January 6, 2003. At its meeting on February 26, 2003, the Merit System Board (Board) adopted the ALJ's recommendation to uphold 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 (Yes)
  Alan Dexter Bowman (Abstained)
  Josephine DiRienzo (Yes)
  Margaret E. L. Howard (Abstained)
  Robert J. Long (Yes)

B-21 NICHOLAS VAMVAKIDIS
The appeal of Nicholas Vamvakidis, a Laborer with the North Bergen Municipal Utilities Authority, of his removal effective December 28, 1999, on charges, was before Administrative Law Judge Robert J. Giordano (ALJ), who rendered his initial decision on December 30, 2002. At its meeting on February 26, 2003, the Merit System Board (Board) adopted the ALJ's recommendation to acknowledge the settlement in the matter. 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 (Yes)
  Alan Dexter Bowman (Abstained)
  Josephine DiRienzo (Yes)
  Margaret E. L. Howard (Abstained)
  Robert J. Long (Yes)

B-22 JERREL ALSTON AND ILISSA KIRSCHBAUM
Jerrel Alston appeals the determination of the Division of Selection Services, which found that, per the substitution clause, he was below the minimum requirements in experience for the promotional examination for Assistant Superintendent Residential Group Center (PS2837P), Juvenile Justice Commission. Ilissa Kirschbaum 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 Assistant Superintendent Residential Group Center (PS2837P), Juvenile Justice Commission.

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

B-23 ELIZABETH BANSFIELD-MOSSA
Elizabeth Bansfield-Mossa appeals the determination of the Division of Selection Services, which found that she did not meet the announced experience requirements for the open competitive examination for Deputy Municipal Court Administrator (M6729D), Town of Newton.

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

B-24 JACQUELYN BARD
Jacquelyn Bard 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 Human Services Specialist 1 (C0070D), Cumberland County.

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

B-25 CINDY LOU BROWN ET AL.
Cindy Lou Brown, Darlene Pruitt, Jesse Robinson, Jose Sanchez, Nilda Wilkins, and Robert Williams 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 Deputy Director of Welfare (PC0480B), Salem County Board of Social Services.

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

B-26 DAVID COHEN
David Cohen appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Senior Psychiatric Social Worker (PC1984C), Bergen County.

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

B-27 PETER D'AMORE
Peter D'Amore 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 Fire Official (M9979D), Point Pleasant Beach Borough.

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

B-28 JEAN DICINTIL AND LOREESE HARVILLE
Jean Dicintil and Loreese Harville appeal the determinations of the Division of Selection Services that they 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 these appeals be denied.

B-29 DIANE EPPS
Diane Epps appeals the determination of the Division of Selection Services, which found that, per the substitution clause, she was below the minimum requirements in experience for the promotional examination for Assistant Superintendent Residential Group Center (PS2837P), Juvenile Justice Commission.

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

B-30 FRANK FRIEND
Frank Friend 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 Fire Official (M9847C), Winslow Township.

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

B-31 STEPHEN GAVRELL
Stephen Gavrell appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, he did not meet the experience requirements for the promotional examination for Substance Abuse Counselor 1 (PS3277P), Juvenile Justice Commission.

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

B-32 ARIANE HUTCHINS-NEWMAN
Ariane Hutchins-Newman appeals the determination of the Division of Selection Services, which found that she did not submit the required list of courses or transcripts for the promotional examination for Health Educator, (PC0047D), Atlantic County.

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

B-33 GEORGE JACKSON
George Jackson 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 Superintendent of Weights and Measures (C6755D), Warren County.

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

B-34 CHARLES JONES
Charles Jones appeals the determinations of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examinations for Supervisor Standards and Procedures (PS3596K) and Principal Standards and Procedures Technician (PS3591K), Division of Youth and Family Services.

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

B-35 WILLIAM LANG
William Lang appeals the determination of the Division of Selection Services that he failed to meet the experience requirements for the open-competitive examination for Fire Instructor (C2054D), Morris County.

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

B-36 MATHIEU MIEZAN
Mathieu Miezan 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 Supervisor Traffic Maintenance (PM1867C), City of Camden.

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

B-37 LAURA MITCHELL
Laura Mitchell 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 Classification Officer 1 (PS3810I), South Woods State Prison.

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

B-38 KIM NIRENBERG
The Deputy Department Head, Human Services, Atlantic County, on behalf of Kim Nirenberg, appeals the determination of the Division of Selection Services, which found that her application was incomplete and her eligibility could not be determined for the open competitive examination for Social Worker, Nursing Home (C0046D), Atlantic County.

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

B-39 BRYAN OXFORD
Bryan Oxford appeals the determination of the Division of Selection Services that he failed to meet the experience requirements for the open-competitive examination for Fire Instructor (C2053D), Bergen County.

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

B-40 GARY PAUL
Gary Paul 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 Automotive Mechanic (S0092D).

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

B-41 FRED RASIEWICZ
Fred Rasiewicz appeals the determination of the Division of Selection Services, which found that he did not meet the license or registration requirements for the open competitive examination for Supervisor, Roads (M0240D), Lakewood Township. He also 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 Superintendent of Public Property (M6065D), Lakewood Township.

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

B-42 ROBERT SIROLLI
Robert Sirolli 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 Fire Official (M9847C), Winslow Township.

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

B-43 KENNETH WIIK
Kenneth Wiik appeals the determination of the Division of Selection Services that he failed to meet the license and experience requirements for the open-competitive examination for Fire Instructor (C2055D), Sussex County.

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

B-44 TYRONE WILLIS, ET AL.
Tyrone Willis, 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 (PS1848K), Department of Human Services.

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

B-45 THOMAS WITKOWSKI
Thomas Witkowski appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Senior Permit Clerk (PC0775D), Essex County.

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

B-46 DONALD COLE, ET AL.
Donald Cole, Gary Fittin, Dominick Fresco, Greg Honachefsky, Robert Sich and Wayne Tonnesen appeal the promotional examination for Conservation Officer 2 (PS9181G), Department of Environmental Protection.

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

B-47 ROBERT BARTOS
Robert Bartos appeals his score for the oral portion of the examination for the second level Fire Captain (PM4043C), Bayonne.

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

B-48 CHRISTOPHER CALABRESE
Christopher Calabrese appeals his score for the oral portion of the examination for Fire Lieutenant (PM3021C), Belleville.

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

B-49 JAMES COPONI
James Coponi appeals his score for the oral portion of the examination for Fire Lieutenant (PM3021C), Belleville.

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

B-50 THOMAS GIRONDA
Thomas Gironda appeals his score for the oral portion of the examination for the first level Fire Captain (PM4055C) Asbury Park City.

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

B-51 KURT HESS
Kurt Hess appeals his score on the examination for Fire Chief (PM3505D), Millville.

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

B-52 JOHN KELLY
John Kelly appeals his score for the oral portion of the examination for the first level Fire Captain (PM4055C), Asbury Park City.

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

B-53 MICHAEL MCGREEVY
Michael McGreevy appeals his score for the oral portion of the examination for Fire Lieutenant (PM3021C), Belleville.

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

B-54 PAUL MELCHIONNE
Paul Melchionne appeals his score for the oral portion of the examination for Fire Lieutenant (PM3021C), Belleville.

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

B-55 THOMAS MORGENWECK
Thomas Morgenweck, represented by Howard Heald, Esq., appeals his score on the oral portion of the promotional examination for Battalion Fire Chief (PM3565C), Atlantic City

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

B-56 FRANK PAPAIANNI
Frank Papaianni appeals his score for the oral portion of the examination for Fire Lieutenant (PM3021C), Belleville.

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

B-57 JAMES RAYMOND AND MATTHEW ZIEMKIEWICZ
James Raymond and Matthew Ziemkiewicz appeal their scores on the promotional examination for Supervising Fire and Ambulance Dispatcher (M0182D), Jersey City.

ACTION: The Merit System Board directed that Mr. Ziemkiewicz' appeal be granted and Mr. Raymond's appeal be denied.

B-58 JOSEPH SANFELICE II
Joseph Sanfelice II appeals his score for the oral portion of the examination for the first level Fire Captain (PM4046C), Morristown.

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

B-59 VICTOR VANGELAKOS
Victor Vangelakos appeals his score for the oral portion of the promotional examination for Fire Officer 2 (PM4012C), North Hudson Regional Fire and Rescue Service.

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

B-60 DAVID BIGLIN AND GEORGE SANFORD
David Biglin and George Sanford appeal the validity and specific questions on the promotional examination for Assistant Chief, Wage and Hour Compliance (PS4797N), Department of Labor.

ACTION: The Merit System Board directed that Question 64 be omitted from the examination and the remainder of the appeals be denied.

B-61 KHALID MIR
Khalid Mir appeals the validity of the promotional examination for Supervising Chemist (PS5264H), Department of Health and Senior Services.

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

B-62 MICHAEL JOHNSTON, JR.
Michael Johnston, Jr., appeals the decision of the Division of Selection Services denying his request for a make-up examination for Fire Fighter (M999D).

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

B-63 FRANK STALLONE
Frank Stallone appeals the administration of the open-competitive examination for Fire Fighter (M9999D), various lists.

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

B-64 JOSEPH MUNIZ
Joseph Muniz appeals the decision of the Division of Selection Services denying his request for a make-up examination for Fire Fighter (M9999D).

ACTION: The Merit System Board denied the request.

B-65 PEGGY WEDGEST-LAND
Craig P. Wille, Chief Administrative Officer, Department of Law and Public Safety, requests and Peggy Wedgest-Land's out-of-title work experience be accepted to qualify her for a lateral title change to Technician, Management Information Systems.

ACTION: The Merit System Board granted the request.

B-66 CARL STORER
The Director, Division of Human Resource Management, requests a retroactive appointment for Carl Storer, Marlboro Township, for seniority purposes only in accordance with N.J.A.C. 4A:4-1.1(c).

ACTION: The Merit System Board granted the request.

B-67 RICHARD MASTRANGELO
The City of Passaic requests relaxation of N.J.A.C. 4A:4-7A.1A(d) so as to permit the intergovernmental transfer of Richard Mastrangelo from the title of Sheriff's Officer, Passaic County, to the title of Police Officer, City of Passaic.

ACTION: The Merit System Board granted the request.

B-68 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of March 13, 2003 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of March 13, 2003.

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

B-69 RANDY GEIS
The City of Bayonne, represented by Robert J. Merryman, Esq., petitions the Merit System Board for a stay of the decision In the Matter of Randy Geis (MSB, decided November 20, 2002), which granted Geis permanent status as a Fire Fighter and ordered Bayonne to reinstate him with back pay, benefits and seniority.

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

B-70 TIMOTHY COLACCI, ET AL.
The North Hudson Regional Fire and Rescue Service (NHRFRS), represented by Thomas R. Kobin, Esq., requests reconsideration of the decision, In the Matter of Timothy Colacci, et al., Fire Fighter (M2154A), Guttenberg Volunteers (Merit System Board, decided April 10, 2002), wherein the Merit System Board (Board) granted the appeal filed by Timothy Colacci, James D'Amore, Alan Williams, Yves Saad, Robert Ortiz and Richard Nicholas, Guttenberg Fire Fighter Volunteers (Appellants), represented by Charles J. Sciarra, Esq., determining that the Guttenberg Volunteer Fire Fighter eligible list (M2154A) remain in force and effect.

ACTION: The Merit System Board acknowledged the settlement.

B-71 RICHARD DREYER AND JAMES HAMMOND
The Superior Court, Appellate Division, reversed and remanded the Merit System Board's decision in In the Matter of Richard Dreyer, et al., Fire Fighter (M4299M), Asbury Park (decided March 13, 2001) for entry of an order directing that Messrs. Dreyer and Hammond received seniority over Garrett Giberson. See In the Matter of Richard Dreyer, II, and James Hammond, Fire Fighters, 356 N.J. Super. 159 (App. Div. 2002).

ACTION: The Merit System Board granted the appellants retroactive appointment dates of September 30, 1998.

B-72 RUSSELL MAFFEI
Russell Maffei, a Research Scientist 1 with the BPU, represented by Michael A. Gannaio, Esq., is challenging his removal effective March 11, 2002 on charges that he failed to meet the minimum qualifications for the noncompetitive career service title of Research Scientist 1. The New Jersey Board of Public Utilities (BPU), represented by Anne Marie Kelly, Deputy Attorney General, requested interlocutory review of the February 20, 2003 Order of Administrative Law Judge Barry N. Frank (ALJ) in Russell Maffei v. New Jersey Board of Public Utilities pursuant to N.J.A.C 1:1-14.10(a).

ACTION: The Merit System Board reversed the ALJ's Order denying the BPU's motion for summary decision, granted the motion for summary decision and dismissed the appeal of Russell Maffei. The Merit System Board also modified the ALJ's Order denying Maffei's cross motion and referred the allegations of misconduct for further review.

B-72 RUSSEL MAFFEI CONTINUED

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

B-73 DELORES PHILLIPS V. DEPARTMENT OF CORRECTIONS

In Dolores Phillips v. Department of Corrections, Docket No. A-5581-01T2F (App. Div., Feb. 26, 2003), the Appellate Division reversed the Merit System Board's determination in this disciplinary appeal. Submitted for the Board's review is a copy of this decision based on the significant substantive and procedural aspects of this case.

ACTION: The Merit System Board noted the decision.

B-74 EDWARD CRUZ, JR.
The appeal of Edward Cruz, Jr., a County Correction Officer, County of Hudson, of his removal effective October 12, 2000, was heard by Administrative Law Judge Barry N. Frank (ALJ), who rendered his initial decision on December 3, 2002. At its meeting on February 26, 2003, 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 (Yes)
  Alan Dexter Bowman (Abstained)
  Josephine DiRienzo (Yes)
  Margaret E. L. Howard (Abstained)
  Robert J. Long (Yes)

B-75 GLYNDELL CURRY
The appeal of Glyndell Curry, a Residential Living Specialist with Vineland Developmental Center, Department of Human Services, of her removal effective June 30, 1997 on charges, was heard by Administrative Law Judge Lillard E. Law (ALJ), who rendered his initial decision on December 23, 2002. At its meeting on February 26, 2003, the Board adopted the ALJ's recommendation to reverse the removal. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-76 PHILLIP HOWARD

The appeal of Phillip Howard, a Police Officer with the City of Newark, of two 20-day suspensions, on charges, was heard by Administrative Law Judge Ken R. Springer (ALJ), who rendered his initial decision on January 13, 2003. At it's meeting on February 26, 2003, the Merit System Board (Board) did not adopt the ALJ's recommendation to uphold the penalty of two 20-day suspensions to run concurrently. Rather, the Board modified the penalty of two 15-day suspensions, which were not to run concurrently. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-77 ANTHONY MCKENZIE

The appeal of Anthony McKenzie, a County Correction Officer with Union County, of his removal, effective May 11, 2000 on charges, was heard by Administrative Law Judge Irene Jones (ALJ), who rendered her initial decision on January 16, 2003, upholding the removal. At its meeting on February 26, 2003, the Merit System Board (Board) modified the removal to a 120 calendar day suspension. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-78 ROBERT OSLE
The appeal of Robert Osle, a Senior Correction Officer with Mid-State Correctional Facility, Department of Corrections, of his 10-day suspension, on charges was heard by Administrative Law Judge Israel D. Dubin (ALJ), who rendered his initial decision on December 6, 2002. At it's meeting on February 26, 2003, the Merit System Board (Board) did not adopt the ALJ's recommendation to reverse the 10-day suspension. Rather, the Board modified the 10-day suspension to a five-day suspension. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-79 JOSEPH PASZUL

The appeal of Joseph Paszul, a Plumber with the Public Resources Department, County of Hudson, of his removal, effective May 24, 2001, on charges, was heard by Administrative Law Judge Sandra Ann Robinson (ALJ), who rendered her initial decision on September 25, 2002. At it's meeting on February 26, 2003, the Merit System Board (Board) adopted the ALJ's recommendation to reverse the removal. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-80 EARLY SETTLEMENTS

Carmen Rodriguez
Division of Central Communications
Department of Corrections
30-day suspension

Delores Roman
Hunterdon Developmental Center
Department of Human Services
Returned to formerly held permanent title at the end of working test period

ACTION: The Merit System Board acknowledged the settlements.

B-81 SCOTT R. EUSTACE AND ALEXANDER J. PETRAS, II
A representative of the appointing authority, on behalf of Scott R. Eustace and Alexander J. Petras, II, appeals the determination of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Data Processing Programmer 2 (PS3198K), Trenton Psychiatric Hospital.

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

There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, April 9, 2003, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD

 
 
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