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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 Tuesday, August 12, 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 J. Long; Lisa Ruch, 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 August 7, 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: June 18, 2003

TO: Ida L. Castro, Commissioner
Department of Personnel

FROM: Elizabeth Van Marter, Director
Human Resources Management

SUBJECT: Change in the State Classification Plan

MOTOR VEHICLE COMMISSION

P.L.2003, c.13, the Motor Vehicle Security and Customer Service Act, authorized the New Jersey Motor Vehicle Commission to be established, in but not of the Department of Transportation, to replace the existing New Jersey Division of Motor Vehicles.

We request the reactivation of a title needed to classify managerial duties at the appropriate workweek. A concurrent title verbiage change is also required.

TITLE RE-ACTIVATION AND VERBIAGE CHANGE
Effective: 05/17/03

FROM: TO:
Manager 1, Division of Motor Vehicles
M35-56476 C NL/12
Manager 1, Motor Vehicle Commission
M35-56476 C NL/12

DATE: July 1, 2003

TO: Ida L. Castro, Commissioner
Department of Personnel

FROM: Elizabeth Van Marter, Director
Human Resource Management

SUBJECT: Change in the Classification Plan

DEPARTMENT OF STATE

The Department of State requests an upward salary re-evaluation for titles responsible for registrar functions in the New Jersey State Museum.

Museum Registrars are responsible for the maintenance and preservation of objects on loan to the State Museum, and the recording and management of data on museum collections and materials. The Department believes that these titles have a greater responsibility for the management of the care, conservation and restoration of museum objects than what is currently depicted in their job descriptions. The Appointing Authority requests an increase in education from a Bachelor's to a Master's degree to mirror the requirements of other states, and become more competitive in seeking grants from foundations, corporations and other sources.

CHANGE IN SALARY EVALUATION
Effective: 06/14/03

FROM: TO:

Museum Registrar, Cultural History
P19-74593h E NE/12

Museum Registrar, Archaeology/Ethnology
P19-74593f E NE/12

Museum Registrar, Scientific
P19-74593d E NE/12

Museum Registrar, Cultural History
P21-74593h E NE/12

Museum Registrar, Archaeology/ Ethnology
P21-74593f E NE/12

Museum Registrar, Scientific
P21-74593d E NE/12

DATE: July 24, 2003

TO: Ida L. Castro, Commissioner
Department of Personnel

FROM: Elizabeth Van Marter, Director
Human Resource Management

SUBJECT: Change in the Classification Plan

DEPARTMENT OF ENVIRONMENTAL PROTECTION

The Department of Environmental Protection requests an upward salary re-evaluation for two levels in the Conservation Officer series.

The Department contends that the scope of these positions have changed due to expanded responsibilities for environmental enforcement activities, inspections and environmental education programs. The Department requests a concurrent increase in specialized education credits.

CHANGE IN SALARY EVALUATION

Effective: 02/22/03

FROM: TO:

Conservation Officer 3
F17-32081 M NE/12

Conservation Officer 2
K20-32082 M NE/12

Conservation Officer 3
F19-32081 M NE/12

Conservation Officer 2
K21-32082 M NE/12

WITHDRAWAL OF APPEALS

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

Isaac Danner, Plumber, Department of Public Works, City of Atlantic City, suspension.

Tamika Green, Senior Building Maintenance Worker, Ancora Psychiatric Hospital, Department of Human Services, removal.

Taylor Harper, Fire Fighter, City of East Orange Fire Department, removal.

William Pollock, Senior Building Maintenance Worker, Ramapo College of New Jersey, suspension.

Wilhelmina P. Sherrod, Senior Correction Officer, Riverfront State Prison, Department of Corrections, two removals and suspension.

Anna Thatcher, Senior Correction Officer, Edna Mahan Correctional Facility for Women, Department of Corrections, 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:

Joseph Chapman, Municipal Court Administrator, Borough of Fair Lawn, list removal.

Trena Fenwick-Barron, Human Services Assistant, Hagedorn Psychiatric Hospital, Department of Human Services, release at the end of the working test period.

Henry Howell, Cottage Training Technician, Hunterdon Developmental Center, Department of Human Services, removal.

Inell Jones, Senior Correction Officer, East Jersey State Prison, Department of Human Services, two suspensions and removal.

Sandra Peterkin, Cottage Training Supervisor, North Jersey Developmental Center, Department of Human Services, removal.

Rodney Williams, County Correction Officer, Department of Corrections, County of Camden, suspension.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Harry Agin
Township of North Brunswick
Suspension

In the Matter of David Blasingame
Adult Diagnostic and Treatment Center
Department of Corrections
Removals (2)

In the Matter of Eric Burt
City of Newark School District
Suspension

In the matter of John Couch
Office of the Public Defender
Removals (2) and suspension

In the Matter of Jose Cruz
Department of Environmental Protection
Removal

In the matter of Claude Dejoie
Division of Youth and Family Services
Department of Human Services
Removals (2)

In the Matter of Yvonne Duncan
North Jersey Developmental Center
Department of Human Services
Removal

In the Matter of Curtis Glenn
Department of the Treasury
Release at the end of the working test period

In the Matter of Jennifer Graziano
New Lisbon Developmental Center
Department of Human Services
Release at the end of the working test period

In the Matter of Violet Jenkins
Hunterdon Developmental Center
Department of Human Services
Removal

In the Matter of Shasta Lake
County of Mercer
Department of Transportation and Infrastructure
Removal

In the Matter of Joseph M. Lamin, Jr.
Township of Belleville
Fire Department
Suspensions (2)

In the Matter of William Merced
Northern State Prison
Department of Corrections
Removal

In the Matter of Amal Philoppos
Montclair State College
Denial of sick leave injury benefits

In the Matter of Jerome Pitt
Ancora Psychiatric Hospital
Department of Human Services
Removal

In the Matter of Thomas Sgherzi
County of Hudson
Department of Health and Human Services
Removal

In the Matter of Robert S. Shepherd
Borough of Lakehurst
Department of Public Works
Removal

In the Matter of Alphonso Strauss
Northern State Prison
Department of Corrections
Suspension, resignation not in good standing and removal

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

ACTION: The Merit System Board acknowledged the settlements.

A-2 MARK HRUSKA

Mark Hruska, appeals the bypass of his name for appointment from the Fire Fighter (M5254S), Borough of Carteret eligible list on three certifications. The appellant claims that he was bypassed based on his political affiliation and retaliation.

Recommendation of the Administrative Law Judge - Invalidate the list bypass from the eligible list for Fire Fighter (M5254S) Borough of Carteret and reissue the certification to allow the appointing authority to properly dispose of the certification.

ACTION: The Merit System Board reversed the Administrative Law Judge and upheld the list bypass.

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

A-3 LOURENS LATONA

Lourens Latona, Sergeant Campus Police, William Paterson University, 30-day suspension and demotion to the position of Campus Police Officer effective December 27, 1999, on charges of neglect of duty and incompetency, inefficiency or failure to perform duties.

Recommendation of the Administrative Law Judge - Modify the 30-day suspension to a six-month suspension and uphold the demotion to the position of Campus Police Officer.

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

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

A-4 DORELEENA SAMMONS-POSEY

Doreleena Sammons-Posey, appeals the bypass of her name for appointment from the Service Director, Department of Health and Senior Services (PS1005H) eligible list based on the rule of ten pilot program.

Recommendation of the Administrative Law Judge - Uphold the list bypass from the eligible list for Service Director, Department of Health and Senior Services (PS1005H).

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

A-5 SEAN CHINSOON

Sean Chinsoon, County Correction Officer, County of Monmouth, Department of Corrections and Youth Services, removal effective January 31, 2002, on charges of failure or neglect to perform duty, deficient or inefficient job performance, allowing an inmate to escape, creating a dangerous situation, falsification, misrepresentation or untruthfulness of material facts on official documents, failure to report incidents, and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Modify the removal to a six-month suspension.

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

A-6 TINORI HARRIS

Tinori Harris, Legal Secretary 2, Office of the Public Defender, removal effective October 5, 2001, on charges of conduct unbecoming a public employee and violation of the Workplace Violence Policy.

Recommendation of the Administrative Law Judge - Dismiss the appeal for lack of prosecution.

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

A-7 MICHAEL STEIN

Michael Stein, Family Service Specialist 1, Division of Youth and Family Services, Department of Human Services, removal effective March 21, 2001, on charges of divulging confidential information without proper authority and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Modify the removal to a six-month suspension.

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

A-8 DAVID MCHENRY

David McHenry, Senior Correction Officer, Albert C. Wagner Youth Facility, Department of Corrections, removal effective March 21, 2002, on the charge failing to qualify with required firearms and being prohibited from possessing or using a firearm.

Recommendation of the Administrative Law Judge - Dismiss the appeal.

ACTION: The Merit System Board acknowledged the settlement.

A-9 CHRISTINE PHILLIPS

Christine Phillips, Principal Clerk Typist, South Woods State Prison, Department of Corrections, removal effective March 21, 2001, on charges of, inter alia, discrimination that affects equal employment including sexual harassment, misuse of public property, including motor vehicles and accessing non-work related internet websites or abusing e-mail privileges.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-10 ANNIE BELIN

Annie Belin, Juvenile Detention Officer, County of Union, Department of Human Services, ten-day suspension on charges of insubordination and conduct unbecoming a public employee.

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

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

A-11 NANCY CLARK

Nancy Clark, County Correction Sergeant, County of Union, Department of Public Safety, demotion to the position of County Correction Officer effective June 3, 2002, on the charge of chronic or excessive absenteeism or lateness.

Recommendation of the Administrative Law Judge - Uphold the demotion to the position of County Correction Officer.

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

A-12 THOMAS RAMIREZ

Thomas Ramirez, Police Officer, City of Jersey City, Police Department, indefinite suspension pending disposition of criminal charges, on the charge of violation of Police Department rules regarding obedience to laws, orders and regulations.

Recommendation of the Administrative Law Judge - Uphold the indefinite suspension.

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

A-13 STEVEN TESSENHOLTZ

Steven Tessenholtz, Correction Lieutenant, Northern State Prison, Department of Corrections, ten-day suspension on charges of discrimination that affects equal employment opportunity including sexual harassment, racial and/or sexual harassment, discrimination and/or retaliation and conduct unbecoming a public employee.

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-14 SOLOMON AKPOR-MENSAH

Solomon Akpor-Mensah, Cottage Training Technician, Hunterdon Developmental Center, Department of Human Services, removal effective July 4, 2002, on the charge of physical abuse of a client.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-15 BRIAN ANDERSON

Brian Anderson, County Correction Officer, County of Monmouth, Department of Corrections and Youth Services, removal effective April 17, 2001, on charges of, inter alia, violation of rules and regulations regarding using prohibited live fire at training, insubordination, falsification, using department-owned equipment or supplies for personal use, dual employment without permission/authorization.

Recommendation of the Administrative Law Judge - Modify the removal to a six-month suspension.

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

A-16 GIUSEPPE CALCARA

Giuseppe Calcara, Judiciary Clerk 1, Judiciary, Bergen Vicinage, removal effective February 5, 2002, on charges of conduct unbecoming a public employee and violation of the Judiciary code of conduct.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-17 JOHN GILLEY, DANIEL MCKNIGHT, JR., ERASMON QUINONES, LISA DORSEY AND JOSEPH LEWIS

John Gilley, Daniel McKnight, Jr., Erasmon Quinones, Lisa Dorsey, and John Lewis, County Correction Officers, County of Mercer, Department of Public Safety, all removals, with various effective dates on charges of neglect of duty, failure to follow proper procedures, incompetence, inefficiency, or failure to perform duties and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Modify the removals to a 30-day suspension for Gilley, a 60-day suspension for McKnight, a 90-day suspension for Quinones, a six-month suspension for Dorsey and reverse the removal for Lewis.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge with regard to Gilley, McKnight, Quinones and Lewis. However, the Board upheld the removal of Dorsey.

A-18 BAKEER MUWWAKKIL

Bakeer Muwwakkil, Cottage Training Technician, Hunterdon Developmental Center, Department of Human Services, removal effective November 5, 2001, on the charge of unreasonable excuse for lateness of more than 15 minutes.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-19 MINIMAH SALAAM

Minimah Salaam, Human Services Assistant, Greystone Park Psychiatric Hospital, Department of Human Services, removal effective July 18, 2000, on the charge of physical abuse of a patient.

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.

SECTION B - MISCELLANEOUS MATTERS

B-1 JAMES MERLOCK

James Merlock, a Repairer at the Richard Stockton College of New Jersey, appeals the denial of sick leave injury (SLI) benefits.

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

B-2 DORELEENA SAMMONS-POSEY

Doreleena Sammons-Posey, a Program Manager (Family Health Programs) 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 denied.

B-3 JEANNETTE SMITH

Jeannette Smith, an Accountant 1 with the Hunterdon Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-4 NICHOLAS TESTA

Nicholas Testa, Senior Correction Officer with the Adult Diagnostic & Treatment Center, 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-5 MARIA AQUINO

Maria Aquino appeals the decision of Human Resource Information Services (HRIS), which upheld the removal of her name from the eligible list for Correction Officer Recruit (S9999D), Department of Corrections, on the basis of an unsatisfactory criminal record.

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

B-6 RICHARD F. COOPER

Richard F. Cooper, represented by Craig S. Gumpel, Esq., appeals the decision of Human Resource Information Services, which upheld the bypass of his name for appointment from the Fire Fighter (M2070A), City of Newark, eligible list.

ACTION: The Merit System Board granted a hearing.

B-7 JEFFREY IANNACONE

Jeffrey Iannacone, represented by Gregory A. Busch, Esq., appeals the determination of the Division of Human Resource Information Services (HRIS) which sustained the removal of his name from the Sheriff's Officer (S9999A), County of Passaic eligible list on the basis of an unsatisfactory background report.

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

B-8 JERROD LLOYD

Jerrod Lloyd, represented by Michael L. Testa, 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-9 JENNIFER MANLEY

Jennifer Manley appeals the decision of Human Resource Information Services (HRIS which upheld the removal of her name from the County Correction Officer (S9999B), Monmouth County, eligible list due to her failure to respond to the Notice of Certification.

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

B-10 WAYNE PATERNO

Wayne Paterno, represented by Arlindo B. Araujo, Esq., appeals the decision of Human Resource Information Services (HRIS) which found that his appeal of the appointing authority's decision to remove his name from the eligible list for Fire Fighter (M9059S), City of Newark was untimely.

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

B-11 ANGELIQUE RIVERA

Angelique Rivera appeals the decision of Human Resource Information Services, which upheld the removal of her name from the Police Officer (S9999B), City of Camden, eligible list, on the basis of an unsatisfactory background report.

ACTION: The Merit System Board directed that this appeal be granted but the appellant's name be reflected on the October 5, 2001 certification as bypassed.

B-12 CODE ENFORCEMENT OFFICER (M6538C), TOWNSHIP OF IRVINGTON

The appointing authority's failure to properly dispose of the certification for Code Enforcement Officer, while a provisional appointee is serving in the title, has been referred to the Merit System Board for enforcement.

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

B-13 COORDINATOR OF LONG TERM AND ALTERNATE CARE FOR THE ELDERLY

The appointing authority's failure to properly dispose of the certification for Coordinator of Long Term and Alternate Care for the Elderly, while a provisional appointee is serving in the title has been referred to the Merit System Board for enforcement.

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

B-14 GRAPHIC ARTIST 2 (C6321C) CAMDEN COUNTY

The appointing authority requests permission not to make an appointment from the certification for Graphic Artist 2 (C6321C), Camden County.

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

B-15 MOTOR VEHICLE OPERATOR, ELDERLY & HANDICAPPED PERSONS (C6478C), PASSAIC COUNTY

The appointing authority's failure to properly dispose of the certification for Motor Vehicle Operator, Elderly & Handicapped Persons while 12 provisional appointees are serving in the title, has been referred to the Merit System Board for enforcement.

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

B-16 SENIOR MAINTENANCE REPAIRER (C6219C), PASSAIC COUNTY

The appointing authority's failure to properly dispose of the certification for Senior Maintenance Repairer, while a provisional appointee is serving in the title, has been referred to the Merit System Board for enforcement.

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

B-17 CELESTE BOGGS

Celeste Boggs, a former Administrative Support Services (TES), with the Bureau of Vital Statistics, Department of Health and Senior Services (DHSS), appeals the determination of the Commissioner for DHHS, which found 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-18 ARSENIO GONZALEZ

Arsenio Gonzalez, a Sergeant 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 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-19 EVE KARPINSKI

Eve Karpinski, formerly an Assistant Director of Nursing Services 1, Developmental Disabilities, at Woodbine Developmental Center, Department of Human Services (DHS), appeal the determination of the Assistant Commissioner for Human Resources, DHS, which found 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-20 DENISE MYCOLS

Denise Mycols, a Network Administrator 2 with the Department of Labor (DOL), appeals the determination of the Commissioner of DOL, 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-21 JOSEPH BERTUGLIA

Joseph Bertuglia, a County correction Officer with Essex County, represented by Joseph Amato, President, Essex County PBA Local 1057, petitions the Merit System Board for interim relief of his demotion in lieu of layoff from Training Officer (Corrections) to County Correction Officer.

ACTION: The Merit System Board denied the request.

B-22 ROBERT TOTTEN

Robert Totten, a County Correction Officer with Monmouth County, represented by Anthony J. Fusco, Jr., Esq., petitions the Merit System Board for interim relief in relation to his immediate suspension, effective February 8, 2003.

ACTION: The Merit System Board awarded the petitioner back pay for the period from February 14, 2003 to March 11, 2003.

B-23 APRIL VAN DALEY

April Van Daley, a Police Officer with the City of Somers Point, represented by Steven R. Cohen, Esq., petitions the Merit System Board for interim relief concerning the departmental proceedings of her disciplinary charges.

ACTION: The Merit System Board granted a hearing.

B-24 LILLIAN FOSTER

Lillian Foster requests reconsideration of the final decision of the Merit System Board rendered on March 13, 2003, which upheld the bypass of her name on the Senior Right of Way Negotiator (S0757C), Department of Transportation, eligible list. Additionally, the appellant appeals the decision of Human Resource Information Services, which granted the appointing authority's request to remove the appellant's name from the subject eligible list.

ACTION: The Merit System Board denied the list removal appeal and dismissed the request for reconsideration as moot.

B-25 ROCKY REMBERT

Rocky Rembert, a former Senior Corrections Officer with East Jersey State Prison, Department of Corrections (DOC), represented by Earl Williams, Vice President, PBA Local 105, petitions the Merit System Board (Board) for reconsideration of the final administrative determination, rendered January 22, 2003, by the Director of Merit Systems Practices and Labor Relations (Director), denying his request for a hearing concerning the appeal of his 15 working-day suspension, due to the untimely filing of his appeal pursuant to N.J.S.A. 11A:2-15 and N.J.A.C. 4A:2-2.8

ACTION: The Merit System Board denied the request.

B-26 JANICE SANFORD

New Lisbon Developmental Center, Department of Human Services, represented by Jennifer Chianese, Deputy Attorney General, requests reconsideration of the decision of the Merit System Board rendered on July 31, 2002, ordering that the matter of the removal of Janice Sanford, a Cottage Training Technician, on the charge of conduct unbecoming a public employee be transmitted to the Office of Administrative Law (OAL) for a hearing. The Board further ordered that Sanford's appeal of her removal on the charge of chronic or excessive absenteeism be remanded to the OAL for further proceedings.

ACTION: The Merit System Board denied the request.

B-27 RICHARD L. CINAGLIA

Richard L. Cianglia, represented by Frederick W. Klepp, Esq., appeals the determination of the Local Finance Board and the Department of Community Affairs' Division of Local Government Services, directed his removal from the position of Chief Financial Officer/Comptroller, City of Camden, effective July 5, 2001, pursuant to the provisions of N.J.S.A. 52:27BB-66.1, of the Local Government Supervision Act (the "Act"), N.J.S.A. 52:27BB-54 et seq.

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

B-28 IBRAHIM ABDUL-HAQQ

The Superior Court, Appellate Division, has remanded the decision of the Merit System Board (Board) in In the Matter of Ibrahim Abdul-Haqq (MSB, decided December 18, 2002), in which the Board granted appellant back pay, benefits, seniority and interest.

ACTION: The Merit System Board vacated its prior decision and granted a hearing.

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

B-29 PHILLIP SMITH

The appeal of Phillip Smith, Police Officer, City of Newark, of his suspensions for 30 days effective November 16, 1998 and 180 days effective August 6, 2001 on charges was considered by Administrative Law Judge Jeffrey A. Gerson, who rendered his initial decision on July 24, 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-30 ROBERT SISCO

The appeal of Robert Sisco, a Senior Building Maintenance Worker at Ramapo College of New Jersey, of his removal, effective October 25, 2001, on charges, was before Administrative Law Judge Leslie Z. Celentano (ALJ), who rendered her initial decision on May 2, 2003. At its meeting on June 11, 2003, the Merit System Board (Board) did not adopt the ALJ's recommendation 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-31 SHALABY AKBAR

Shalaby Akbar appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Head Cottage Training Supervisor (PS3360K), Trenton Psychiatric Hospital.

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

B-32 NAEEM AKHTAR ET AL.

Baeem Akhtar, Mariam Awad, Juan Collado, Doris Dortch, Prerakbhai Patel, and Philip Shapiro appeal the determination of the Division of Selection Services which found that they were below the minimum requirements in education for the open competitive examination for Insurance Examiner Trainee (S0084D), Department of Baking and Insurance.

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

B-33 PETER ALFORD

Peter Alford appeals the determination of the Division of Selection Services which denied his eligibility for the promotional examination for Date Processing Input/Output Control Specialist 2 OIT (PS5551U), Office of Information Technology due to his filing an incomplete application.

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

B-34 GEORGE BANOBE

George Banobe appeals the determination of the Division of Selection Services, which found that he did not provide an evaluated foreign transcript and that he did not meet the experience requirements for the open competitive examination for Senior Planner, Transportation (C6451C), Monmouth County.

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

B-35 DENISE BARRY

Denise Barry appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for the "dual" title Computer Operator/Principal Account Clerk, (PM0487D) Sea Isle City.

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

B-36 RICHARD BUCKLEY

Richard Buckley 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 Paralegal Specialist (PC1361C), Mercer County Board of Social Services.

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

B-37 BEVAN CARRUTHERS

Bevan Carruthers 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 Legal Assistant 3, Office of Administrative Law (S6590D).

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

B-38 WILLIAM J. CLARK

William J. Clark appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Assistant Street Superintendent (PC0315D) Essex County.

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

B-39 ELISABETH COHEN

Elisabeth Cohen appeals the decision 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 (C1530C), Monmouth County.

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

B-40 SAM CORSON

Sam Corson appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for General Supervisor of Roads, (PC0496D), Cape May County.

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

B-41 DIANE CZAJKOWSKI

Diane Czajkowski 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 Technical Assistant, Personnel (PS4337I), State Parole Board.

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

B-42 MOMOLU DUKULY

Momolu Dukuly appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Administrative Analyst 2, Data Process (PS1996U), Office of Information Technology.

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

B-43 ELAINE DENSON

Elaine Denson appeals the determination of the Division of Selection Services, which found that she was below the minimum requirements in education for the open competitive examination for Insurance Examiner Trainee (S0084D), Department of Banking and Insurance.

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

B-44 CATHY ERNST

Cathy Ernst appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Chief Accountant (PC0023D), Ocean County.

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

B-45 DEBBIE FALLON

Debbie Fallon appeals the determination of the Division of Selection Services, which found her ineligible for the promotional examination for County Correction Sergeant (PC2630D), Sussex County.

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

B-46 KRISTINA GONZALEZ

Kristina Gonzalez 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 Administrative Analyst 4, Fiscal Management (S6513C).

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

B-47 KATHLEEN GRAY

Kathleen Gray appeals the determination 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 Program Support Specialist 2 (Assistance Programs), (PS3582K), Division of Family Development.

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

B-48 SUSAN HIRSHBERG

Susan Hirshberg appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Administrative Analyst 2 (PS3502K), Division of Developmental Disabilities.

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

B-49 LOUIS INZEO

Louis Inzeo 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 Computer Service Technician (M0259D), Jersey City School District.

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

B-50 MICHAEL J. KELLY

Michael J. Kelly 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 Building Maintenance Services Specialist 3 (PS1991U), Office of Information Technology.

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

B-51 MICHAEL KING

Michael King appeals the determination of the Division of Selection Services that he was ineligible for the promotional examination for Sheriff's Officer Sergeant (PC3020C), Union County.

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

B-52 JEFFREY LANGEL

Jeffrey Langel appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Mason and Plasterer (PS6755J), The Richard Stockton State College.

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

B-53 JAMES LOZADA

James Lozada 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 Computer Service Technician (M0259D), Jersey City School District.

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

B-54 JESUS MARTINEZ

Jesus Martinez appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Supervisor of Electronics Repair (PC1865C), Union County.

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

B-55 STEPHEN MEGNA

Stephen Megna appeals the determination of the Division of Selection Services, which found him ineligible for the promotional examination for Police Captain (PM3530D), Newark.

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

B-56 ERNEST NOSEDA

Ernest Noseda appeals the determination of the Division of Selection Services, which found that he did not indicate the required license or registration for the open competitive examinations for Director of Food Services (M9862D), Millville City School District and Clinical dietician (S9164D). Mr. Noseda 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 Technical Assistant, Classification (S6549C).

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

B-57 JACQUELYN OTTINO

Jacquelyn Ottino appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Supervisor of Recreation (PS4200K), Ann Klein Forensic Center.

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

B-58 CONSTANCE PARKANS

Constance Parkans 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, (C0157D), Monmouth County.

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

B-59 SRINIVASA REDDY

Srinivasa Reddy 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 Agricultural Resource Specialist 3, (C6592D), Burlington County.

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

B-60 CARRIE REED

Carrie Reed, represented by Bennet Zurofsky, Esq., appeals the determination of the Division of Selection Services that she was ineligible for the promotional examination for Police Lieutenant (PM2620D), Newark.

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

B-61 CRAIG RUGGLES

Craig Ruggles appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the promotional examination for Assistant Engineer in Charge of Maintenance 2 (PS5793J), The Richard Stockton State College.

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

B-62 BEVERLY SENIOR

Beverly Senior appeals the determination 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 Administrative Analyst (PM0281C), Jersey City School District.

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

B-63 JUDY SHEW AND NANCY RIVERA

Judy Shew and Nancy Rivera appeal the determinations of the Division of Selection Services that they did not meet the education and experience requirements for the open competitive examination for Management Assistant (C6638D), Hudson County.

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

B-64 GERALD SIWIEC

Gerald Siwiec appeals the determination of the Division of Selection Services, which found that the required transcript or list of courses and credits was not received for the open competitive examination for Senior Accountant (M0021D), City of Bayonne.

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

B-65 TINA TRAVERS

Tina Travers 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 Geographic Information Specialist 3 (C6763D), Burlington County.

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

B-66 RICHARD ZUVICH

Richard Zuvich appeals the determination of the Division of Selection Services that he did not meet the education and experience requirements for the open competitive examination for Senior Data Processing Systems Programmer (C6808D), Burlington County.

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

B-67 CHRISTOPHER D'AMICO

Christopher D'Amico appeals the decision of the Division of Selection Services that found that he was not permanent in a title to which the examination was open for Fire Captain (PM3513E), Wildwood.

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

B-68 CHARLES CRADDOCK

David Beckett, Esq., on behalf of Charles Craddock, appeals his score on the promotional examination for Heavy Equipment Operator (PC2340A), Mercer County.

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

B-69 MICHAEL MILEWSKI

David Beckett, Esq., on behalf of Michael Milewski, appeals his score on the promotional examination for Heavy Equipment Operator (PC2340A), Mercer County. Mr. Milewski also appeals the determination of the Division of Selection Services that he failed to appear for the performance examination for Equipment Operator (PC1281B), Mercer County.

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

B-70 LILLIAN TORRES

Lillian Torres appeals her rank and score for the open competitive examination for Probate Assistant (C6098B), Essex County.

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

B-71 JAMES DUPONT

James DuPont requests a make-up examination for the oral portion of the promotional examination for Police Captain (PM3530D), Newark.

ACTION: The Merit System Board denied the request.

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

B-72 JAMES SUTER

James Suter appeals the decision of the Division of Selection Services denying his request for a make-up of the promotional examination for Fire Lieutenant (PM2502E), Irvington.

ACTION: The Merit System Board denied the request.

B-73 RONALD CAFFREY, ET AL.

Ronald Caffrey, Daniel D'Amico, Robert Flejzor, Gary Garran, Peter Haake, Aretha Hughes, Anthony Sgro, Jeffrey Sosnak, Juan Villalobos, Teresa Wright and Perter Yasuk appeal the determinations of the Division of Selection Services that they were not allowed to retake the Supervisor Test Battery (STB) with respect to the promotional examination for Assistant District Parole Supervisor (PS5124I), State Parole Board; also, Tony Villalobos, President, PBA Local 326, argues that candidates should be allowed to retake the STB, and that prior STB scores should not be used for this examination.

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

B-74 RICHARD WASSON

Richard Wasson appeals the decision of the Division of Selection Services denying his request for a make-up examination for Sheriff's Officer Lieutenant (PC3011C), Gloucester County.

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

B-75 DOREEN FLETCHER

Doreen Fletcher petitions the Merit System Board for reconsideration of its decision rendered on November 20, 2002 in which her request for admittance to the examination for Executive Assistant (PM0806C), Newark was denied.

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-76 PHILIP B. RANDOLPH

Philip B. Randolph seeks retroactive permanent status and back pay following his appointment to the position of Supervisor, Procurement Unit (PS1680T), Department of Transportation.

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

B-77 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of June 25, 2003 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of June 25, 2003.

B-78 CONRADO P. GARCIA

Conrado P. Garcia appeals the determination of the Division of Selection Services, which found that he did not meet the education requirements for the promotional examination for Vocational Rehabilitation Counsel 2 (PS4506N), Department of Labor.

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

B-79 EARLY SETTLEMENTS

Mark Craddock
Department of Transportation
Suspension

Michael Drahl
Department of Labor
Release at the end of the working test period

Michelle Foster
North Jersey Developmental Center
Department of Human Services
Removal

Robyn Gustin
Department of Human Services
Release at the end of the working test period

Candace Kennedy
New Lisbon Developmental Center
Department of Human Services
Return to formerly held title at the end of the working

Thomas Johnson
Division of Youth and Family Services
Department of Human Services
Resignation not in good standing

Phillip Napolitano
Hunterdon Developmental Center
Department of Human Services
Release at the end of the working test period

ACTION: The Merit System Board acknowledged the settlements.

B-80 DARRYL MCARTHUR

Darryl McArthur, Laborer, City of Newark, Department of Neighborhood and Recreational Services appealed his resignation not in good standing effective July 6, 2001 on the charge of being absent from duty for five or more consecutive business days without approval of his supervisor. McArthur, represented by Gail Oxfeld Kanef, Esq., and the City of Newark, represented by Carolyn McIntosh, Assistant Corporation Counsel seek acknowledgement of a settlement agreement.

ACTION: The Merit System Board acknowledged the settlements.

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

B-81 ANTHONY MCKENZIE

The County of Union, represented by Frank G. Capece, Esq., petitions the Merit System Board (Board) for a stay of the decision rendered by the Board in In the Matter of Anthony McKenzie (MSB decided February 26, 2003), pending the County's appeal to the Superior Court, Appellate Division. Anthony McKenzie, represented by Sanford R. Oxfeld, Esq., petitions the Board for enforcement of that decision, in which the Board modified McKenzie's removal to a 120 calendar day suspension and ordered his immediate reinstatement with appropriate back pay, benefits and seniority.

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

B-82 ANDRE SOLTES

The appeal of Andre Soltes, a Principal Library Assistant with Thomas Edison State College, regarding his release at the end of the working test period, effective November 14, 2001, was heard by Administrative Law Judge (ALJ) Douglas H. Hurd, who rendered his initial decision on May 13, 2003. At its meeting on June 25, 2003, the Merit System Board (Board) adopted the ALJ's recommendation to uphold the appellant's release at the end of the working test period. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-83 STEVEN PALAMARA

The appeal of Steven Palamara, a Police Chief with the Township of Irvington, of his demotion to the position of Deputy Police Chief, effective March 28, 2002, was heard by Administrative Law Judge (ALJ) Elinor R. Reiner, who rendered her initial decision on May 9, 2003. At its meeting on June 25, 2003, the Board adopted the ALJ's recommendation to uphold the demotion. 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 (Yes)
  Robert J. Long (Yes)

B-84 SANTA HOLMES-JOHNSON

Santa Holmes-Johnson, a Judiciary Clerk 2 with the Judiciary, Essex Vicinage, of her 90 working day suspension on charges, was heard by Administrative Law Judge Barry N. Frank (ALJ), who rendered his initial decision on May 21, 2003upholding the 90 working day suspension. At its meeting on June 25, 2003, the Merit System Board modified the 90 working day suspension to a 45 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-85 CHRISTIAN ARAUJO

Christian Araujo appeals the removal of his name from the (S9999B) County of Hudson eligible list for the title of County Correction Officer on the basis of psychological unfitness.

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

B-86 STEPHEN CAPOANO

Stephen Capoano appeals the removal of his name from the (S9999B) County of Ocean eligible list for the title of County Correction Officer on the basis of psychological unfitness.

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

B-87 JACQUELINE KENNEDY

Jacqueline Kennedy appeals the removal of her name from the (S9999A) County of Essex eligible list for the title of County Correction Officer on the basis of psychological unfitness.

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

B-88 FELIPE LOPEZ

Filipe Lopez appeals the removal of his name from the (S9999B) County of Hudson eligible list for the title of County Correction Officer on the basis of psychological unfitness.

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

B-89 ROBERT RICCI

Robert Ricci appeals the removal of his name from the (S9999B) County of Essex eligible list for the title of County Correction Officer on the basis of psychological unfitness.

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

B-90 DOMINICK SANCHEZ

Dominick Sanchez, represented by Stephen B. Hunter, Esq., appeals the removal of his name from the (S9999B) County of Hudson eligible list for the title of County Correction Officer on the basis of psychological unfitness.

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

B-91 CLEO HUNT

Cleo Hunt, a Senior Correction Officer a East Jersey State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-92 LATEAQUE JACKSON

Lateaque Jackson, a Human Services Assistant at Vineland Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-93 LORNA L. SAMUELS

Lorna L. Samuels, a Human Services Assistant at Trenton 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 denied.

B-94 SHERRON WILSON

Sherron Wilson, a Classification Officer 1 with the Adult Diagnostic and Treatment Center, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-95 EDWARD WORNOWICZ

Edward Wornowicz, a Welder at Hunterdon 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-96 ROBERT AMEY

Robert Amey appeals the decision of Human Resource Information Services (HRIS) which found that the appointing authority had presented a sufficient basis to remove his 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-97 JOSEPH CAIATI

Joseph Caiati, represented by Steven A. Varano, Esq., appeals the bypass of his name on certifications of the Police Chief (PM4026C) and Deputy Police Chief (PM4019C), Borough of Lodi, eligible lists.

ACTION: The Merit System Board granted a hearing.

B-98 ANNA GODFREY

Anna Godfrey appeals the removal of her name from the eligible list for Animal Keeper (M1674C), Bridgeton City, on the basis that she lacked the requirements for the title.

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

B-99 SEAN W. KEENAN

The Department of Corrections (DOC) appeals the decision of Human Resource Information Services (HRIS) which found that the DOC had not presented a sufficient basis to remove Sean W. Keenan'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 granted and Sean W. Keenan's name be removed from the Correction Officer Recruit (S9999D), Department of Corrections eligible list.

B-100 MARLON VANPELT

Marlon Vanpelt, represented by Eldridge Hawkins, Esq., appeals the decision of the Division of Human Resource Information Services (HRIS) which upheld the removal of the appellant's name from the Correction Officer recruit (S9999D), Department of Corrections, eligible list on the basis of an unsatisfactory criminal record.

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

B-101 SPANISHIA D. WILSON

Spanishia D. Wilson appeals the request by the New Jersey Department of Corrections to remove her name from the Correction Officer Recruit (S9999D) eligible list.

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

B-102 DANIELLE BONASSISA

The County of Essex, represented by Alan Ruddy, Assistant County Counsel, appeals the decision of Human Resource Information Services, which found that the appointing authority was required to appoint Daniel Bonassisa from the Sheriff's Officer (S9999B), County of Essex, eligible list.

ACTION: The Merit System Board directed that this appeal be denied and the County be ordered to appoint Danielle Bonasisa, subject to passing a medical examination.

B-103 RICARDO RIVERA

Ricardo Rivera, a candidate for the title of Police Officer (S9999B), City of Newark (Newark), petitions the Merit System Board (Board) to require Newark to appoint him to the title of Police Officer and admit him to the next Newark Police Academy class.

ACTION: The Merit System Board granted the request and ordered Ricardo Rivera be appointed a Police Officer from certification OL012147, absent any disqualification resulting from an updated background check.

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

B-104 ADMINISTRATIVE ANALYST (C6457C), PASSAIC COUNTY

The appointing authority's failure to properly dispose of the certification for Administrative Analyst, while a provisional appointee is serving n the title, has been referred to the Merit System Board for enforcement.

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

B-105 COMMUNITY RELATIONS SPECIALIST (M6631C), CITY OF TRENTON

The appointing authority's failure to properly dispose of the certification for Community Relations Specialist, while a provisional appointee is serving in the title, has been referred to the Merit System Board for enforcement.

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

B-106 HOUSING INSPECTOR (M6632C), TOWN OF MORRISTOWN

The appointing authority's failure to properly dispose of the certification for Housing Inspector, while a provisional appointee is serving in the title, has been referred to the Merit System Board for enforcement.

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

B-107 POLICE OFFICER (S9999B), CITY OF NEWARK

The City of Newark's failure to properly dispose of the certification OL012147 for Police Officer (S9999B) has been referred to the Merit System Board for enforcement.

ACTION: The Merit System Board ordered the City of Newark to dispose of the certification no later than September 15, 2003.

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

B-108 RISK MANAGER

The appointing authority's failure to properly dispose of the certification for Risk Manager, while a provisional is serving in the title, has been referred to the Merit System Board for enforcement.

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

B-109 SUPERVISING LABORER (PM0798D), CITY OF CAMDEN

The appointing authority's failure to dispose of the certification for Supervising Laborer, while a provisional appointee is serving in the title, has been referred to the Merit System Board for enforcement.

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

B-110 RICARDO VALMON

Ricardo Valmon, a Trooper 1 with the New Jersey State Police, Department of Law and Public Safety, appeals the determination of the Executive Assistant Attorney General, stating that the appellant failed to present sufficient evidence to support a finding that he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-111 JEANA PANTOLIANO

Jeana Pantoliano, a former Police Officer with the Borough of Rutherford Police Department (Rutherford), represented by Vincenza Leonelli-Spina, Esq., requests an hearing regarding her removal from employment, effective October 22, 2002.

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

B-112 JORGE COLON

Jorge Colon, a Senior Correction Officer at Riverfront State Prison, Department of Corrections, represented by Henry J. Cistrelli, Esq., petitions the Merit System Board for reconsideration of the final decision rendered February 26, 2003, denying his request for sick leave injury (SLI) benefits.

ACTION: The Merit System Board denied the request.

B-113 GLYNDELL CURRY

The Department of Human Services, represented by Dianna Rosenheim, DAG, petitions the Merit System Board for reconsideration of the final administrative decision, rendered on February 26, 2003, which reversed the removal of Glyndell Curry.

ACTION: The Merit System Board denied the request.

B-114 DARRYL MARTIN

The Superior Court, Appellate Division, has reversed and remanded the decision of the Merit System Board (Board) in In the Matter of Darryl Martin (MSB, decided December 18, 2001), in which the Board denied appellant's request for back pay.

ACTION: The Merit System Board granted a hearing.

B-115 POLICE SERGEANT (PM3776V), CITY OF PATERSON

The Supreme Court of New Jersey has affirmed in part, reversed in part and remanded the March 2002 decision of the Superior Court, Appellate Division, which upheld the October 27, 1998 and August 29, 2000 Merit System Board decisions find that a make-up examination for the promotional title of Police Sergeant consisting of the same questions as the original examination was a valid examination.

ACTION: The Merit System Board directed that the three court-vacated positions may be filled provisionally until such time as permanent appointments can be made from the eligible list anticipated to be promulgated in the Spring of 2004 as a result of the recently announced promotional examination for Police Sergeant.

B-116 KENNETH DREXLER

The City of Elizabeth, represented by Raymond T. Bolanowski, First Assistant Attorney, and Kenneth Drexler, represented by Michael A. Bukosky, Esq., petition the Merit System Board for acknowledgement of the settlement agreement reached by the parties, which provides for Drexler's voluntary demotion.

ACTION: The Merit System Board acknowledged the settlement.

B-117 DEWITT GAMBLE AND CYNTHIA ROBINSON

The Department of Corrections seeks acknowledgment of a settlement between it and Dewitt Gamble and Cynthia Robinson.

ACTION: The Merit System Board acknowledged the settlement.

B-118 JOHN F. MIDDAUGH

The appeal of John F. Middaugh, a County Correction Sergeant with the County of Morris Sheriff's Department, of his removal, effective October 24, 2000, on charges, was heard by Administrative Law Judge Stephen G. Weiss (ALJ), who rendered his initial decision on May 21, 2003. At its meeting on June 25, 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-119 PATRICIA TRAPASSO

The appeals of Patricia Trapasso, a Supervisor of Nursing Services with Greystone Park Psychiatric Hospital, Department of Human Services of her 20-day suspension and her three removals, on effective on October 27, 2001 and two effective on January 20, 2002, on charges, were heard by Administrative Law Judge Sandra Ann Robinson (ALJ), who rendered her initial decision on March 25, 2003. At its meeting on June 25, 2003, the Merit System Board adopted the ALJ's recommendation to uphold the 20-day suspension and three removals. 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 (No)
  Josephine DiRienzo (Yes)
  Margaret E. L. Howard (Yes)
  Robert J. Long (No)

B-120 CHARLOTTE AMBROSIA

Charlotte Ambrosia 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 Site Manager, Nutrition Program (C6758D), Middlesex County.

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

B-121 JOHN BICKING

John Bicking 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 Greenskeeper (C6678D), Monmouth County.

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

B-122 ROBERT BOGUS AND CARMEN CALTAGIRONE

Robert Bogus and Carmen Caltagirone appeal the determinations of the Division of Selection Services that they did not meet the education and experience requirements for the promotional examination for Data Processing Systems Programmer 2 (OIT) (PS5749U), Office of Information Technology.

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

B-123 JAMES BOLDEN

James Bolden appeals the decision of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examination for Director of Licenses (M6834D), Jersey City.

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

B-124 DOROTHY BURTON

Dorothy Burton 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 Principal Procedures Analyst (S6620D). Ms. Burton also 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 Building Management Specialist 3 (S6554D).

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

B-125 JOHN CASALINHO

John Casalinho appeals the determination of the Division of Selection Services, which found that he was ineligible for the promotional examination for Police Sergeant (PM2530C), City of Newark.

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

B-126 JOYCE CASTELLUCCI

Joyce Castellucci appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Supervising Clerk (PC0994D), Middlesex County.

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

B-127 RICHETTA CIPRIANO

Richetta Cipriano appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Office Supervisor (PS4141H), Department of Heath and Senior Services.

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

B-128 FILOMENA COLDEBELLA

Filomena Coldebella appeals the determination of the Division of Selection Services, which found that she was below the minimum experience requirements for the promotional examination for Purchasing Agent (PM0529B), Township of Nutley.

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

B-129 LINDA CONSTANTINO

Linda Constantino appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she did not meet the experience requirement for the promotional examination for investigator 2 (PS4589H), Department of Health and Senior Services.

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

B-130 FRANCES DOYLE

Frances Doyle appeals the decision of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Supervising Clerk Typist (PM0793D), Township of Middletown.

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

B-131 KARL DUNST

Karl Dunst appeals the determination of the Division of Selection Services, which found that he did not meet the education requirement for the examination for Analyst 1, Research and Evaluation, Health and Senior Services (S3005C), Department of Health and Senior Services.

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

B-132 RUPERTO FIGUEROA, JR.

Ruperto Figueroa, Jr., appeals the decision of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Sewage Plant Operator (PM0435D), Woodbridge.

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

B-133 ELLEN HEYWARD

Ellen Heyward 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 Senior Management Assistant (PS4418H), Department of Health and Senior Services.

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

B-134 RONALD HOLMES

Ronald Holmes appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Quality Assurance Technician (PS3210K), Trenton Psychiatric Hospital.

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

B-135 CHERYL JONES, ET AL.

Cheryl Jones, Lajuanna Morton, Crystal Smith and Deborah Watt appeal the determination of the Division of Selection Services, which found that they did not meet the education and/or experience requirements for the promotional examination for County Services Specialist (PS1316K), Division of Youth and Family Services.

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

B-136 GRACIE JORDAN

Gracie Jordan 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 Management Assistant (PS1891P), Division of Consumer Affairs.

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

B-137 WILLIAM LECOUNT

William LeCount appeals the determination of the Division of Selection Services that he did not meet the requirements for the open competitive examination for Crew Supervisor, Building Maintenance Programs (S0053D), Statewide.

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

B-138 JAMES MCGUINNESS

James McGuinness appeals the determination of the Division of Selection Services, which found that he was ineligible for the promotional examination for Supervisor Parks (PC1388D), Middlesex County, because h was not permanent in a title to which the examination was open.

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

B-139 DIANE L. MORETZ AND WANDA M. TURNER

Diane L. Moretz and Wanda M. Turner appeal the determination of the Division of Selection Services, which found that they were below the minimum requirements in experience per the substitution clause for education for the promotional examination for Technician, Management Information Systems (PS4393H), Department of Health and Senior Services.

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

B-140 MARY ROSE NELSON

Mary Rose Nelson 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 Governmental Relations Specialist 3 (PS3656T), Department of Transportation.

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

B-141 LISA OBRY AND DEBORAH WEBER

Lisa Obry appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Recreation Program Specialist, (PC0384D), Ocean County. Deborah Weber 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 Recreation Program Specialist, (PC0384D), Ocean County.

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

B-142 ROSETTA PARKER

The Communications Workers of America (CWA), Local 1081, on behalf of Rosetta Parker, appeals the determination of the Division of Selection Services, which found that she was ineligible for the promotional examination for Supervising Clerk (PC1995C), Essex County, because she was not permanent in a title to which the examination was open.

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

B-143 ERIC PIERRE AND JONAS WEISSBROD

Eric Pierre and Jonas Weissbrod appeal the determination of the Division of Selection Services, which found that they did not meet the open competitive requirements for the examination for Analyst 1, Research and Evaluation, Health and Senior Services (S3005C), Department Health and Senior Services.

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

B-144 DREW STEPHENS

Drew Stephens 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 experience requirement for the open-competitive examination for Fire Investigator (S9163C), Statewide.

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

B-145 GRETCHEN STROMAN

Gretchen Stroman 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, Contract Administration (PS2379I), Department of Corrections.

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

B-146 CYNTHIA SWEENEY

Cynthia Sweeney appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the qualifying examination for Administrative Analyst 1, East Jersey State Prison.

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

B-147 DONNA SZWEDO AND ANDRE WILLIAMS

Donna Szwedo and Andre Williams appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for the promotional examination for Executive Assistant 3 (PS2869T), Department of Transportation.

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

B-148 DEBRA SZYMANSKI

Debra Szymanski appeals the determination of the Division of Selection Services, which found that she did not meet the education and experience requirements for the Program Development Specialist (Aging) (C6558D), Monmouth County, open competitive examination.

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

B-149 REOLA VAL-MUDGE

Reola Val-Mudge appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Supervising Clerk (PC0994D), Middlesex County.

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

B-150 DONALD VOGEL

Donald Vogel appeals the determination of the Division of Selection Services, which found that he did not meet the education requirements for the open competitive examination for Counselor, Adolescent Unit (C0010D), Morris County.

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

B-151 CAROLE WILLITTS

Carole Willitts 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, Contract Administration (PS2379I), Department of Corrections.

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

B-152 CHARLENE WOMACK

Charlene Womack appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for County Services Specialist (PS1316K), Division of Youth and Family Services.

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

B-153 ROBERT ALLMAN, ET AL.

Robert Allman, Robert Arrigo, Edward Comppen, Gregory Cooke, Hector Figueroa, Steven Job, Jason Krynicki, Anthony Mielnicki and Patrick Trezza appeal their score for the written cognitive portion of the examination for Fire Fighter (M9999D).

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

B-154 STEPHEN SPEICHER

Stephen Speicher appeals his score for the promotional examination for Fire Code Assistance Representative 1 (PM3706D), Department of Community Affairs.

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

B-155 NORMAN WILSON

Norman Wilson appeals his score for the examination for the first level Fire Captain (PM3585A), Atlantic City.

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

B-156 RAYMOND KAUFFMAN

Raymond Kauffman petitions the Merit System Board for reconsideration of the decision rendered on January 29, 2003 which found that his score on the promotional examination for Engineering technician 2 (PS3507T), Department of Transportation was correct.

ACTION: The Merit System Board granted the request in part.

B-157 PETER CURLEY

Peter Curley appeals the determination of the Division of Selection Services, which found that he was outside of the unit scope for the promotional examination for Senior Employment Counselor (PS4105N), Department of Labor.

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

B-158 RAYMOND WRIGHT

Raymond Wright appeals the scope of eligibility for the promotional examination for Police Captain (PM3557C), Borough of Roselle.

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

B-159 PIERRE KELLER

Pierre Keller appeals the determination of the Division of Selection Services, which denied his request for a make-up examination for Police Lieutenant (PM2607D), Union Township.

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

B-160 PATRICIA MARINO

Patricia Marino appeals the determination of the Division of Selection Services denying her request for a make-up for the promotional examination for Administrative Assistant 3 (PS2204K), Division of Developmental Disabilities.

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

B-161 THOMAS JOHNSTON, ET AL.

Thomas Johnston and Joseph Sarao (PM2527D), Jersey City, Donald Wallschleger (PM2548D), Mount Holly; and Vincent Riotto (PM2569D), Hackensack; appeal the administration of the examination for Police Sergeant (various jurisdictions).

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

B-162 BRUCE POLLOCK

Bruce Pollock appeals the determination of the Division of Selection Services that denied him admittance to the promotional examination for Fire Captain (PM3519E), Millburn.

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

B-163 ANN RIVERS AND ERIC SWANN

Ann Rivers and Eric Swann appeal the determination of the Division of Selection Services, which found that the appropriate test mode for the promotional examination for District Parole Supervisor(PS4338I), State Parole Board was the Supervisory Test Battery (STB).

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

B-164 MARK STAREGO

Mark Starego appeals the determination of the Division of Selection Services that he is not permitted to take the Physical Performance portion of the examination for Fire Fighter (M9999D) due to his failure to request a test appointment prior to the deadline of April 4, 2003.

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

B-165 CONCETTA POALILLO

The Director, Division of Human Resource Management, on behalf of the City of Passaic, request that Concetta Poalillo's out-of-title work experience gained in the titles of Personnel Technician and Senior Personnel Technician be accepted to qualify her for a prospective promotional examination for the title of Personnel Officer.

ACTION: The Merit System Board granted the request.

B-166 DANIEL SOTO

Daniel Soto, a Fire Fighter with the City of Hoboken (Hoboken), represented by Gregory A. Busch, Esq., petitions the Merit System Board (Board) for a retroactive date of appointment, appropriate salary step placement, vacation leave time, other seniority-based benefits, back pay and counsel fees in regard to the Board's final decision, rendered July 7, 1998, which ordered his appointment to the position of Fire Fighter absent any disqualification ascertained through an undated background check.

ACTION: The Merit System Board granted the request in part.

B-167 UNEMPLOYMENT INSURANCE CLERK, UNEMPLOYMENT INSURANCE CLERK (SPANISH/ENGLISH), CLAIMS EXAMINER, AND CLAIMS EXAMINER (SPANISH/ENGLISH)

The Director, Division of Human Resource Management, on behalf of the Department of Labor and the Communications Works of America, seek Merit System Board acknowledgement of a settlement agreement that provides for retroactive permanent appointment for 154 provisional employees in the titles of Unemployment Insurance Clerk, Unemployment Insurance Clerk (Spanish/English), Claims Examiner, Claims Examiner (Spanish/English), and 4 permanent employees in the title of Claims Examiner, for a total of 158 employees in the Division of Unemployment Insurance, Department of Labor.

ACTION: The Merit System Board granted the request.

B-168 NELSON PEREZ

Nelson Perez, represented by Matthew A. Sumner, Esq., appeals the decision of Human Resource Information Services (HRIS), which upheld the removal of his name from the Police Officer (S9999B), City of Paterson, eligible list, on the basis of his falsification of his employment application.

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

B-169 JULIANN LOSTOCCO

Juliann LoStocco, a Management Assistant with the Division of Criminal Justice, Department of Law and Public Safety (LPS), represented by Walter R. Bliss, Jr., Esq., appeals the determination of the Executive Assistant Attorney General, LPS, which found that she 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.

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

B-170 JAMES CASSIDY

James Cassidy, a Police Sergeant with the Township of Scotch Plains, represented by Timothy R. Smith, Esq., petitions the Merit System Board for interim relief of his removal, effective March 28, 2003, pending the outcome of his hearing at the Office of Administrative Law.

ACTION: The Merit System Board denied the request.

B-171 EVETTE WILLIAMS

The appointing authority, on behalf of Evette Williams, 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 (Non-Stenographic) (PS6496A), Department of Agriculture.

ACTION: The Merit System Board granted the request.

B-172 RICHARD ISAAC AND TOBI MOOR

Richard Isaac 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 Systems Analyst (PC0981D), Essex County. Tobi Moor 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 Senior Systems Analyst (PC0981D), Essex County.

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

B-173 ALEXANDER SABATINI

Alexander Sabatini 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 Public Works Inspector (M6658C), City of Bayonne.

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

B-174 KABILI TAYARI

Kabili Tayari appeals the scoring and administration of the open competitive examination for Assistant Business Administrator (M6797D), City of Jersey City.

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-175 MICHAEL J. CARNEVALE

Michael J. Carnevale appeals the decision of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Supervisor Sewers (PM1119C), Borough of Carteret.

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

B-176 BENJAMIN DELLA PIETRO, JR.

Benjamin Della Pietro, Jr., appeals the denial of his request for a make-up examination for Fire Captain (PM3516E), Woodbridge.

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

There being no further business before the Merit System Board, the meeting was adjourned to convene on Thursday, August 21, 2003, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD

 
 
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