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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


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A regular meeting of the Merit System Board was held on Wednesday, June 25, 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; Barbara Bereski, 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.

It is noted that Josephine DiRienzo was absent for the vote on item A-1 but voted on the remainder of the agenda items.

All actions were by unanimous vote unless otherwise specified.


SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Daniel Abate
County of Passaic
Sheriff’s Department
Removal

In the Matter of Richard Anderson
Department of Corrections
Removal

In the Matter of Martin Barry
Township of Rockaway
Department of Public Works and Utilities
Removal

In the Matter of Monica Brock
City of Atlantic City
Department of Public Safety
Removal

In the Matter of Kyle Campbell
City of Newark School District
Suspension

In the Matter of Renee Coe
North Jersey Developmental Center
Department of Human Services
Removal

In the Matter of Heather Rockel
County of Burlington
County Jail
Suspension and Removal

In the Matter of Richard Salgado
City of Newark School District
Removal

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

ACTION: The Merit System Board acknowledged the settlements.
A-2 LAWRENCE BENNETT

Lawrence Bennett, Senior Correction Officer, Albert C. Wagner Youth Correctional Facility, Department of Corrections, 30-day suspension on charges of neglect of duty and other sufficient cause.

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

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

A-3 ROBERT BITTNER

Robert Bittner, Police Sergeant, Township of Burlington, Department of Public Safety, 12-day suspension (seven days held in abeyance), on charges of neglect of duty, performance of duty, insubordination, obedience to laws and regulations regarding meal breaks and police department mobile video/audio recording devices.

Recommendation of the Administrative Law Judge - Remand the appeal to Burlington Township for processing as a minor discipline.

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

A-4 JERRY CONTI

Jerry Conti, Motor Vehicle Operator Elderly and Handicapped Persons, County of Mercer, Department of Transportation and Infrastructure, seven-day suspension on charges of conduct unbecoming a public employee, and violation of a rule, policy, procedure or administrative decision.

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

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

A-5 SANTA HOLMES-JOHNSON

Santa Holmes-Johnson, Judiciary Clerk 2, Administrative Office of the Courts, Essex Vicinage, 90-day suspension on charges of insubordination and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the 90-day suspension.

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a 45-day suspension.

A-6 STEVEN PALAMARA

Steven Palamara, Police Chief, Township of Irvington, Police Department, demotion to the position of Deputy Police Chief effective March 28, 2002, on charges of insubordination, and withholding information.

Recommendation of the Administrative Law Judge - Uphold the demotion to the position of Deputy Police Chief.

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

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

A-7 FRANCISCO SANTIAGO

Francisco Santiago, Family Service Specialist 2, Bilingual in Spanish and English, Division of Youth and Family Services, Department of Human Services, indefinite suspension pending criminal charges.

Recommendation of the Administrative Law Judge - Dismiss the appeal as moot pursuant to an Order of Forfeiture.

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

A-8 ANDRE SOLTES

Andre Soltes, Principal Library Assistant, Thomas Edison State College, release at the end of the working test period effective November 13, 2001.

Recommendation of the Administrative Law Judge - Uphold the release at the end of the working test period.

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

A-9 PATRICIA TAPASSO (CONSOLIDATION)

Patricia Trapasso, Supervisor of Nursing Services, Greystone Park Psychiatric Hospital, Department of Human Services, 20-day suspension on the charge of falsification, a removal effective October 27, 2001 on the charge of falsification, and two removals effective January 20, 2002, one removal on the charge of insubordination and the other on the charge of leaving an assigned work area without permission, creating a danger to persons or property.

Recommendation of the Administrative Law Judge - Uphold the 20-day suspension and removals.

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

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

A-10 CRAIG B. DICKSON (REMAND)

Craig B. Dickson, Truck Driver, Township of Pennsauken, Department, of Public Works, removal effective December 1, 2000, on charges of conduct unbecoming a public employee, misuse of public property including a motor vehicle, inability to perform duties and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-11 LAWRENCE FLANAGAN

Lawrence Flanagan, Police Officer, Township of East Orange, Police Department, removal effective July 4, 2001, on charges of violations of Police Department rules regarding testing positive for marijuana, standard of conduct, performance of duty and obedience to laws and regulations.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-12 PETER KRISTENSEN

Peter Kristensen, Police Officer, Borough of Fair Lawn, Police Department, removal effective November 30, 2001, on charges of inability to perform duties and other sufficient cause. This matter was previously presented to the Merit System Board at its regular meeting of June 11, 2003, and was held over.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-13 JOHN F. MIDDAUGH

John F. Middaugh, County Correction Sergeant, County of Morris, Sheriff’s Department, removal effective October 23, 2000, on the charge of violations of the Sheriff’s rules and regulations regarding conduct, conflict of interest and truthfulness.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-14 ROMONA HARVEY

Romona Harvey, a Principal Social Service Aide with the Division of Youth and Family Services, Department of Human Services, was removed from her position, effective September 13, 2001, on a charge of conduct unbecoming a public employee. The matter was held over from the June 11, 2003 meeting to allow the parties to enter into a settlement agreement resolving the matter.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board acknowledged the settlement.

SECTION B - MISCELLANEOUS MATTER

B-1 MARK DENNERY

Mark Dennery, represented by Stephen B. Hunter, Esq., appeals his rejection as a Police Officer candidate by Freehold Township 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-2 DELOIS BROWN

Delois Brown, a Senior Food Service Handler at the Green Brook Regional Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-3 JOSEPH FULSE

Joseph Fulse, a Senior Correction Officer at Mountainview Youth Correctional Facility, Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.

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


B-4 MARY KEATING

Mary Keating, an Executive Assistant 3 with the Department of Health and Senior Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-5 HUGH SCHNEIDER

Hugh Schneider, a Supervising Auditor Taxation with the Department of the Treasury, appeals the denial of sick leave injury (SLI) benefits.

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

B-6 EARL G. TUTT

Earl G. Tutt, a Correction Sergeant at the New Jersey Training School, Juvenile Justice Commission, Department of Law and Public Safety, represented by Alexander Krewsun, Sick Leave Injury Coordinator for the New Jersey Law Enforcement Supervisor’s Union, appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be referred to the Medical Examiners Panel.

B-7 HARRY WILLIAMS

Harry Williams, a Senior Correction Officer at Northern 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-8 MARYANN ELWOOD

Maryann Elwood appeals the decision of Human Resource Information Services, which upheld the removal of her name from the Senior County Park Ranger (PC1959B), Monmouth County, eligible list due to her employment outside the title scope to which the examination announcement was open.

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

B-9 ERIC M. MCROY

Eric M. McRoy appeals the decision of Human Resources Information Services, which upheld the bypass of his name for appointment from the January 24, 2002 certification of the Sheriff’s Officer (S9999A), Mercer County eligible list.

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

B-10 PERRY SHAW III

Perry Shaw III, appeals the decision of the Division of Human Resource Information Services, which upheld the removal of his name from the Police Officer (S9999D), Ewing Township, eligible list on the basis of an unsatisfactory background.

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

B-11 RICHARD VELEZ

Richard Velez appeals Newark’s determination to remove his name from the Police Officer (S9999B), City of Newark eligible list due to an unsatisfactory driving record.

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

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

B-12 TINA GROVER-DIETZ

Tina Grover-Dietz requests that her name be placed on the regular reemployment list for Manager 2, Human Resources, and that the list be extended until July 27, 2004.

ACTION: The Merit System Board denied the request.

B-13 ASSISTANT BUSINESS ADMINISTRATOR (M6797D), JERSEY CITY

The appointing authority requests permission not to make an appointment from the certification for Assistant Business Administrator (M6797D), Jersey City.

ACTION: The Merit System Board granted the request for appointment waiver but assessed the costs of selection.

B-14 CHANDAR MCDANIELS

Chandar McDaniels, a Senior Correction Officer at Northern State Prison, Department of Corrections (DOC), appeals the determinations of the Director of 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 violations of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-15 BARBARA MITCHELL

Barbara Mitchell, a Human Services Assistant with North Jersey Developmental Center, Department of Human Services (DHS), appeals the decision of the Assistant Commissioner for Human Resources of DHS denying her request for a reasonable accommodation.

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

B-16 GAIL MURRAY

Gail Murray, a Human Services Assistant, Woodbine Developmental Center, Department of Human Services, represented by Bruce M. Gorman, Esq., seeks counsel fees pursuant to the Merit System Board decision rendered on November 8, 2001, which awarded her partial counsel fees. Appellant also seeks an award of interest on her counsel fee award.

ACTION: The Merit System Board granted the appellant $1,919.40 in counsel fees, but denied the request for interest.


B-17 JASON SABOL

Jason Sabol, a County Correction Officer with the Department of Public Safety, County of Mercer, represented by Stuart J. Alterman, Esq., requests a hearing on the appeal of his removal, effective October 26, 2000 on disciplinary charges.

ACTION: The Merit System Board denied the request.

B-18 SONIA EDWARDS

The appeal of Sonia Edwards, a Secretarial Assistant 2, Non-Stenographic, with the Department of Health and Senior Services, of her 60 working-day suspension, effective November 6, 2002, on charges, was heard by Administrative Law Judge Douglas H. Hurd (ALJ), who rendered his initial decision on April 14, 2003 upholding the charges and increasing the penalty to a 120 working-day suspension. At its meeting on May 28, 2003, the Merit System Board (Board) increased the suspension to a 90 working-day suspension. The proposed final decision is now submitted for the Board’s review.

ACTION: The Merit System Board adopted the final decision.

B-19 BRIAN WHITTLE

The appeal of Brian Whittle, a Fire Fighter with the City of East Orange, of his removal effective March 21, 2001, on charges, was heard by Administrative Law Judge Barry N. Frank (ALJ), who rendered his initial decision on April 4, 2003. At its meeting on May 28, 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.

B-20 NIEVES A. ALMANZAR

Nieves A. Almanzar appeals the determination of the Division of Selection Services, which found her ineligible for the open-competitive examination for Field Representative, Disease Control, Bilingual in Spanish and English (C0033D), Hudson County, on the basis that she did not present an evaluation of her foreign transcript.

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

B-21 ANN ARONSON

Ann Aronson 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 Programmer 2 (PS3318U), Department of the Treasury.

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

B-22 JAMES BOLDEN

James Bolden 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 Director of Economic and Industrial Development (M6749D), Jersey City.

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

B-23 WILNER BROWN, JR.

Willner Brown, Jr. appeals the determination of the Division of Selection Services, which found that he did not meet the education and experience requirements for the open competitive examination for Principal Auditor (M6712C), Newark.

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

B-24 MARYANN CHIARELLO

Maryann Chiarello appeals the determination of the Division of Selection Services, which found that she did not meet the education and experience requirements for the promotional examination for Administrative Analyst 2 (Data Processing) (PS4678K), Division of Youth and Family Services (DYFS).

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

B-25 BARBARA CLARK

Barbara A. Clark appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for Supervising Program Analyst (PM0594D), City of Newark.

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

B-26 JEROME COLWELL

Jerome Colwell appeals the determination of the Division of Selection Services, which found that he did not meet the education and experience requirements for the open-competitive examination for Program Development Specialist, Community Services (M6823D), Jersey City.

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

B-27 JACK COSTA, ET AL.

Jack Costa, Michael Kersey, Jack Milazzo, Edward Silhanek, and Michael Zushma 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 Deputy County Emergency Management Coordinator (C6734D), Middlesex County.

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

B-28 SALVATORE COZZUPOLI

Salvatore Cozzupoli appeals his ineligibility for County Correction Officer (S9999D), Bergen County.

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

B-29 JAMES DUTCH

James Dutch appeals the determination of the Division of Selection Services that found that he did not meet the educational requirements for the open-competitive examinations for Classification Officer (S2022D), Statewide; Classification Officer 3 (S2023D), Department of Corrections/Bayside and Southern State Prisons; and Classification Officer 3 (S0226D), Department of Corrections/South Woods State Prison.

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


B-30 DEBRA M. ECKLEBERRY

Debra M. Eckleberry 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 Recreation Supervisor (M0006D), Berkeley Township.

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

B-31 MERLENE HALL

Merlene Hall 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 the “dual” title Analyst Grant Applications/Program Monitor (PM1889C), City of Newark.

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

B-32 KAREN HEDSTROM

Karen Hedstrom 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 Chief Microbiologist (C6604D), Cape May County.

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

B-33 MINNIE HICKS

Minnie Hicks 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 2 (PS4204K), Greystone Park Psychiatric Hospital.

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


B-34 THOMAS HOLLIS

Thomas Hollis 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 Deputy County Emergency Management Coordinator (C6734D), Middlesex County.

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

B-35 HELEN HOWELL

Helen Howell 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 Program Development Specialist, Community Service (C6272C), Union County.

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

B-36 DANA IMPERATO

Dana Imperato 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 Administrator, Cultural and Heritage Affairs (C6420C), Cape May County.

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

B-37 CAROLYN KIMMEL AND DEBORAH SCAIFE

Carolyn Kimmel and Deborah Scaife appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for the promotional examination for Senior Account Clerk (PC0113D), Mercer County Board of Social Services.

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


B-38 MARK KLOSINSKI, ET AL.

Mark Klosinski, Cristine DiDonato, Vicki Fuller, Kenneth Vause, Lisa Bronski, and Sandra Gallelli appeal the determination of the Division of Selection Services that they did not meet the announced requirements for the promotional examination for Telecommunications Systems Analyst 2 (PS3938U), Office of Information Technology (OIT).

ACTION: The Merit System Board directed that the appeals of Christine DiDonato, Vicki Fuller, Kenneth Vause, Lisa Bronski and Sandra Gallelli be granted but denied the appeal of Mark Klosinski.

B-39 ROBERT KOZLOWSKI

Robert Kozlowski 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 Investigator (S9163C), Statewide.

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

B-40 JOSHUA LAZARUS

Joshua Lazarus appeals the determination of the Division of Selection Services that found that he did not indicate that he possessed the required certifications, and that he was below the education and experience requirement for the open competitive examination for Fire Investigator (S9163C), Statewide.

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

B-41 ARIADNA MACIAS

Ariadna Macias appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for Social Services Assistant, Bilingual Spanish and English (PM0787D), City of Passaic.

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


B-42 RUSSELL F. MAFFEI

Russell F. Maffei 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 Program Development Specialist, Community Services (M6823D), Jersey City.

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

B-43 FERDINAND MATHER

Ferdinand Mather appeals the decision of the Division of Selection Services, which found that he lacked the required amount of permanent status in a title to which the examination was open, for the promotional examination for Fire Captain (PM3503E), Hamilton Township, Fire District No. 3.

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

B-44 KATHLEEN A. NOTO

Kathleen A. Noto appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Technical Assistant 3 (PS4783U), Department of the Treasury.

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

B-45 CARMEN ORTIZ

Carmen Ortiz appeals the decision of the Division of Selection Services that found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Human Services Specialist 2 (PC1920C), Passaic County.

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

B-46 ANGEL M. RAMOS

Angel M. Ramos appeals the determination of the Division of Selection Services, which found that he did not meet the education requirements for the examination for Substance Abuse Counselor 1 Mental Health/Alcoholism Services) (S9167D).

ACTION: The Merit System Board directed that this appeal be denied.
B-47 RUTH SCHMID

Ruth Schmid appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Supervising Contract Administrator (PS1865K), Department of Human Services.

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

B-48 CLEMENTINE SERRITELLA

Clementine Serritella appeals the determination of the Division of Selection Services, which found that she was below the minimum requirements in experience for the promotional examination for Principal Personnel Clerk Typing (PC1005B), Essex County.

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

B-49 JESSIE SURILLO-ROJAS

Jessie Surillo-Rojas 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 Program Development Specialist 1 (PS4790I), Mid-State Correctional Facility.

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

B-50 ROBERT TINDAL

Robert Tindal 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 Administrative Analyst 2 (Fiscal Management) (PS3480K), Division of Medical Assistance and Health Services.

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


B-51 BRIAN USKO

Brian Usko appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Network Administrator 2 (PS3490K), Division of Medical Assistance and Health Services, Department of Human Services.

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

B-52 LEONA WAHEED

Leona Waheed appeals the determination of the Division of Selection Services, which found that per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Administrative Analyst (PM2032C), City of Newark.

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

B-53 JONAS WEISSBROD

Jonas Weissbrod appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the Program Development Specialist, Aging (C6558D), Monmouth County, open competitive examination.

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

B-54 KATHLEEN WHITE

Kathleen White appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Fiscal Analyst (PS3578K), Department of Human Services.

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

B-55 F. ROBERT WILLIAMS

The appointing authority, on behalf of F. Robert Williams, appeals the determination of the Division of Selection Services that he did not meet the education and experience requirements for the promotional examination for Director of Data Processing (PC0037D), Monmouth County.

ACTION: The Merit System Board directed that this appeal be granted.
B-56 SANTIAGO ZAYAS

Santiago Zayas appeals the determination of the Division of Selection Services that found that he did not indicate that he possessed the required certifications, and that he was below the education and experience requirement for the open competitive examination for Fire Investigator (S9163C), Statewide.

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

B-57 CHARLES BAKER

Charles Baker appeals the determination of the Division of Selection Services which rejected his application for the promotional examination for Investigator 2 (PS2462K), Division of Youth and Family Services, due to an untimely filing of the application materials.

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

B-58 MICHAEL BLANCHARD

Michael Blanchard appeals the determination of the Division of Selection Services, which found that his application for Fire Investigator (S9163C), Statewide was late.

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

B-59 MICHAEL COSMA

Michael Cosma appeals his score on the open competitive examination for Engineering Aide (M0235D), Hamilton Township.

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

B-60 MICHAEL JENKINS

Michael Jenkins appeals his score on the promotional examination for Chief Public Safety Telecommunicator (PC1712C), Cumberland County.

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


B-61 DENNIS MADDALENA

Dennis Maddalena appeals his score and rank on an unassembled examination for Driver Improvement Analyst 2 (PS2368T), Department of Transportation.

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

B-62 STEPHANIE MCCLUNEY

Catherine Cuomo-Cecere, Director, Health and Human Services, City of Newark, on behalf of Stephanie McCluney, appeals her score on the promotional examination for Office Supervisor (PM0834C), Department of Health and Human Services, Newark.

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

B-63 MATTHEW MERKEL

Matthew Merkel appeals his score on the oral portion of the examination for Police Captain (PM2543C), Long Branch.

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

B-64 PAUL EINREINHOFER, PAUL LETTICH AND SANTIAGO MELENDEZ

Paul Einreinhofer (PC2622D), Bergen County; Paul Lettich (PM2606), Union City; and Santiago Melendez (PM2623D), Jersey City; appeal the determination of the Division of Selection Services, which denied their requests for a make-up examination for County Police Lieutenant and Police Lieutenant (various jurisdictions).

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

B-65 KENNETH LEE AND LOUIS TURCO

Kenneth Lee and Louis Turco, represented by Edward Bertucio, Esq., appeal the determination of the Division of Selection Services, which denied their requests for a make-up examination for Police Sergeant (PM2530C), Newark.

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


B-66 OVIDIO ROSALES, ET AL.

Ovidio Rosales (PM2561C), Elizabeth; Arthur Alverado, John Jewell and Robert Moore (PM2530C), Newark; David Snyder (PM2547C), Atlantic City; Glenn Gaston and Jose Perez (PM2549C), Union City, appeal the determination of the Division of Selection Services which denied their requests for a make-up examination for Police Sergeant (various jurisdictions).

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

B-67 WALIYY ANDERSON, ET AL.

Waliyy Anderson, Andre Bell, Robert Bentivegna, Al Bauer, Joseph Boyle, John Cariero, Pat Cornell, Larry Cureton, Joseph Czachowski, Glenn Ellerson, John Feminello, Gerard Fisher, William Finn, Thomas Gardner, Kevin Gorman, John Grifo, James Jewsiak, Theodore Kwaitkowski, Tony Lemanskie, David Murray, Paul Neuman, Peter Regiec, Hector Rivera, Vincent Rivera, James Salerno, Justin Savino, Joseph Savoia, Howard Simone, Kenneth Simone, Scott Terbak, Joseph Untisz, Gerard Vega, Joseph Verdon, William Wilson, and John Yanick, represented by Michael Prigoff, Esq., and Michael Cannon, Patrick Del Paino, Henry Matak, James Nickerson, Raymond Nickerson, and Jose Trujillo, Jr., appeal the administration of the oral portion of the examination for Fire Captain (PM2588A), Jersey City.

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

B-68 SANGENETTA DAVIS TALL

Sangenetta Davis Tall appeals the administration of the promotional examination for Senior Unemployment Insurance Clerk (PS2320N), Department of Labor.

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

B-69 FRANK PALAZZONE

Frank Palazzone appeals the administration of the physical performance portion of the open-competitive examination for Fire Fighter (M9999D).

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

B-70 JOSEPH S. HERZBERG

Joseph S. Herzberg, represented by Mary L. Crangle, Esq., appeals the rescission of his appointment as Fire Captain and return to the title of Firefighter, Bordentown Township, Fire District No. 2.

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

B-71 DEAN SPANN

Alberta Daniels, President of the Board of Fire Commissioners, requests permission to regularly appoint Dean Spann to the position of Deputy Fire Chief in East Orange.

ACTION: The Merit System Board denied the request.

B-72 EILEEN MURPHY AND MARTIN ROSEN

The Director, Division of Selection Services, requests that the provisions of N.J.A.C. 4A:4-1.1(c), career service appointments, be relaxed in order to allow Eileen Murphy and Martin Rosen to be provisionally appointed pending promotional examination to the competitive title of Manager 3, Environmental Protection (Technical/Scientific/Engineering).

ACTION: The Merit System Board granted the request.

B-73 PROPOSED REACSCTION WITH AMENDMENTS N.J.A.C. 4A:8, LAYOFFS

It is recommended that N.J.A.C. 4A:8, Layoffs be readopted with the proposed amendments.

ACTION: The Merit System Board readopted N.J.A.C. 4A:8, Layoffs with proposed amendments.


B-74 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of June 11, 2003 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of June 11, 2003.

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

B-75 JAMES REDMOND

The appeal of James Redmond, a Carpenter with the County of Cape May, of his removal effective October 10, 2001, on charges, was heard by Administrative Law Judge W. Todd Miller (ALJ), who rendered his initial decision on May 5, 2003. At its meeting on June 11, 2003, the Merit System Board (Board) did not adopt the recommendation of the ALJ to uphold the removal. Rather, the Board modified the removal to a resignation in good standing. 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 (Yes)
Josephine DiRienzo (Yes)
Margaret E. L. Howard (Abstained)
Robert J. Long (Yes)

B-76 KATHLEEN O’CONNELL

Kathleen O’Connell appeals the determination of the Division of Selection Services that she did not meet the requirements for the promotional examination for Executive Secretarial Assistant (PS5996J), Ramapo College of New Jersey.

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


B-77 ALICIA JOHNSON

The appeal of Alicia Johnson, Police Officer, City of Newark, of her removal effective May 30, 2000 on charges was considered by Administrative Law Judge Jeffrey A. Gerson, who rendered his initial decision on November 20, 2002 recommending acknowledgement of the settlement agreement of the parties.

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

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

B-78 GILBERT SNYDER

David Edsall, an Assistant Superintendent of Weights and Measures with Sussex County, represented by Bruce D. Leder, Esq., appeals the decision of Human Resource Management which found that Gilbert Snyder was performing the duties of a Confidential Assistant on a part-time basis and the duties of the Superintendent of Weights and Measures, also on a part-time basis, with Sussex County.

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

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

B-79 EARLY SETTLEMENTS

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

Linda Crosta
Judiciary, Ocean Vicinage
Release at the end of the working test period

Richard Crawford
Bayside State Prison
Department of Corrections
Resignation not in good standing

Shakerah Dasher (Parker)
Hunterdon Developmental Center
Department of Human Services
Release at the end of the working test period

Ruth DeLong
Department of the Judiciary
Release at the end of the working test period

Drayton Devonshire
Ancora Psychiatric Hospital
Department of Human Services
Suspension

Michelle Foster
North Jersey Developmental Center
Department of Human Services
Removal

Juan Gonzalez
Vineland Board of Education
Removal

Eunice McLaren
North Jersey Developmental Center
Department of Human Services
Suspension

Brigitte W. Reid
County of Burlington
County Jail
(2) suspensions and removal

Shaheed Salaam
Juvenile Justice Commission
Suspension and resignation not in good standing


Joyce Van Savage
Department of Labor
Release at the end of the working test period

Ida Ware
County of Mercer
Department of Human Services
Suspension

ACTION: The Merit System Board acknowledged the settlements.

There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, July 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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