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

Ida L. Castro, Chairwoman
Margaret E.L. Howard
Robert J. Long

OCTOBER 1, 2003

***********************************
A regular meeting of the Merit System Board was held on Wednesday, October 1, 2003, in Trenton, New Jersey.

PRESENT: Chairwoman Ida L. Castro, Merit System Board Members, Margaret E. L. Howard, and Robert J. 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, 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.

  
To:   Ida Castro, Commissioner
From:
  Elizabeth Van Marter, Director
  Division of Human Resource Management
Subject::
  Change in State Classification Plan
Date:
  August 19, 2003
   
DEPARTMENT OF HUMAN SERVICES

The Department of Human Services has requested that position #935900 be allocated to the Senior Executive Service.

The Division of Medical Assistance and Health Services, Department of Human Services has also submitted a request to appoint Constance Thomas to the Senior Executive Service (M98). This position reports to the Director, Division of Medical Assistance and Health Services. The position formulates policy and manages Division and Department activities to implement a program of case management for youth with mental health and behavioral challenges. The position will be responsible for executing a state wide systems reform impacting on the child serving systems that provide mental and behavioral health services and supports to children, youth, and young adults in the child servicing system. Known as the Partnership for Children, these systems partners include the Division of Youth and Family Services, the Division of Mental Health Services, the Division of Disability Services, the Juvenile Justice Commission, the Office of the Administrative Courts, the Department of Health and Senior Service’s Division of Disability Services and the Education, Office of Special Education. When at full budget capacity, services are projected to impact positively on the lives of 30,000 children in the state who face mental or behavioral health challenges. This position will also develop policies, procedures, regulations, and federal Medicaid State Plan Amendments to support federal funding for mental health and substance abuse initiatives developed by state governmental entities.


Based on the above, I recommend that this position be allocated to the Senior Executive Service.

I recommend approval of this request.

REALLOCATION OF SERVICE:
Effective: March 08, 2003
FROM: TO:
Supervising Administrative Analyst Senior Executive Services
M32-50077-Position #935900 M98-90752-Position #935900
   
DATE: August 28, 2003
TO: Ida L. Castro, Commissioner
Department of Personnel
FROM: Elizabeth Van Marter, Director
Human Resource Management
SUBJECT: Change in the Compensation Plan
   
BANKING AND INSURANCE

The Department of Banking and Insurance recently requested and received an upward salary re-evaluation for one of their department-specific titles. The Department’s original request was for three ranges, from a 29 to a 32. Their second request was for two ranges, from a 29 to a 31. Unfortunately, information from their first request was communicated to the Board, which we now seek to correct

CHANGE (CORRECTION) OF CLASS CODE
Effective: 11/16/02
FROM: TO:
Regulatory Officer 1, Insurance
R32-55032   X   NL12
Regulatory Officer 1, Insurance
R31-55032   X   NL12
   
DATE:
  September 11, 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 LABOR

The Office of Employee Relations (OER) and the Communication Workers of American (CWA) request a new title to classify staff performing a variety of clerical tasks in a Reemployment Call Center. By agreement, the title will not be used until the beginning of the next fiscal year.

ADDITION OF TITLE
Effective: 06/26/04
Unemployment Insurance Clerk, Reemployment Call Center
A13-_____ L Competitive 35/12
DATE: September 9, 2003
TO: Ida L. Castro, Commissioner
Department of Personnel
FROM: Elizabeth Van Marter, Director Human Resource Management
SUBJECT: Change in the Classification Plan - Addition of Workweek
GENERAL

The Department of Environmental Protection (DEP) requests the creation of a new workweek for the Storekeeper 1 title.

The next lower title, Storekeeper 2, exists at both a NE and 40 hour workweek. The Department intends to promote an existing incumbent from the title of Storekeeper 2, and wants to maintain workweek consistency with other program staff. The title associated with this additional workweek will be assigned to the competitive service and for general use, to be consistent with the other levels and workweeks.

ADDITION OF WORKWEEK
Effective: 08/23/03

Storekeeper 1
R18-______ * NE/12

WITHDRAWAL OF APPEALS

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

Thomas Bini, Firefighter, Belleville Fire Department, good faith layoff.

William Bruzzichesi, Firefighter, Belleville Fire Department, good faith layoff.

Richard Cavanagh, Firefighter, Belleville Fire Department, good faith layoff.

Ralph Chimento, Jr., Firefighter, Belleville Fire Department, good faith layoff.

Gerard Conzentino, Fire Lieutenant, Belleville Fire Department, good faith layoff.

George Del Grande, Firefighter, Belleville Fire Department, good faith layoff.

Stanley Depczek, Fire Captain, Belleville Fire Department, good faith layoff.

Scott Dupont, Firefighter, Belleville Fire Department, good faith layoff.

Erich Hochstuhl, Firefighter, Belleville Fire Department, good faith layoff.

Michael McGreevy, Firefighter, Belleville Fire Department, good faith layoff.

Michael Monahan, Firefighter, Belleville Fire Department, good faith layoff.

John Olliveri, Firefighter, Belleville Fire Department, good faith layoff.

David Sillette, Firefighter, Belleville Fire Department, good faith layoff.

William Tamburri, Firefighter, Belleville Fire Department, good faith layoff.

SECTION A - HEARING MATTERS
A-1    

SETTLEMENTS

In the Matter of Anthony Accetturo
Greystone Park Psychiatric Hospital
Department of Human Services
Removals (2)

In the Matter of Joseph Ajibade
Greystone Park Psychiatric Hospital
Department of Human Services
Suspensions (2)

In the Matter of Carmen Anderson
Ancora Psychiatric Hospital
Department of Human Services
Removals (2)

In the Matter of Thomas Cassidy
Mountainview Youth Correctional Facility
Department of Corrections
Removal

In the Matter of Doris Cox
County of Cape May
Suspension and Removal

In the Matter of Bobby Hill
Montclair State University
Suspension

In the Matter of Ethel Kately
Sussex County
Removal

In the Matter of Charles Quinn
Department of Health and Senior Services
Suspensions (2) and Removals (2)

In the Matter of Wayne Sanderson
New Jersey State Prison
Department of Corrections
Suspensions (2)

In the Matter of Steven Van Orden
Township of Rockaway
Police Department
Suspensions (2)

In the Matter of Aadu Voorand
County of Monmouth
Health Care Facilities Department
Good faith layoff

In the Matter of Gerald Webb
Mountainview Youth Correctional Facility
Department of Corrections
Suspension and Removal

In the Matter of Samuel D. Williams
Greystone Park Psychiatric Hospital
Department of Human Services
Removal

In the Matter of Geneva Young
State of New Jersey Judiciary
Mercer Vicinage
Removal

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



ACTION: The Merit System Board acknowledged the settlements.

A-2 THOMAS FOX, JR

Thomas Fox, Jr., Custodian, Newark School District, demotion to the position of Custodial Worker effective December 18, 2000, on charges of conduct unbecoming a public employee, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge - Modify the demotion to the title of Custodial Worker to a demotion for a period of only ninety days.

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

A-3 KATHLEEN HEASLIP

Kathleen Heaslip, Taxpayer Service Representative 2, Division of Taxation, Department of the Treasury, resignation not in good standing effective June 4, 2002, on the charge of being absent from duty for five or more consecutive business days without the approval of a supervisor.

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

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

A-4 LISA LOFLAND

Lisa Lofland Claims Adjudicator Disability Determinations, Division of Disability Determination Services, Department of Labor, release at the end of the working test period effective May 7, 2002.

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-5 STEVEN MATTHEWS

Steven Matthews, Senior Correction Officer, Albert C. Wagner Youth Correctional Facility, Department of Corrections, 15-suspension on the charge of failure to follow the call-off procedure.

Recommendation of the Administrative Law Judge - Uphold the 15-day suspension.

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


A-6 WILFREDO MEDINA
Wilfredo Medina, Police Officer, City of Newark, Police Department, six-month suspension on charges of violation of Police Department rules regarding lawful orders and neglect of duty.

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

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

A-7 TOYE KATES MUHAMMAD

Toye Kates Muhammad, Police Officer, City of Newark, Police Department, 30-day suspension on the charge of violation of Police Department rules and regulations regarding obedience to orders.

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-8 GIDEON BERNHARD

Gideon Bernhard, Police Officer, Township of Ewing, Department of Public Safety, removal effective December 27, 2001, on the charge of violations of Police Department rules and regulations regarding, inter alia, general conduct, police records and information, and conduct toward the public.

Recommendation of the Administrative Law Judge - Uphold the removal.

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


A-9 RICHARD DEHART

Richard DeHart, Senior Medical Security Officer, Ann Klein Forensic Center, Department of Human Services, two removals effective December 6, 2001 and January 8, 2002, on charges of being absent from work as scheduled without permission and sleeping while on duty.

Recommendation of the Administrative Law Judge - Uphold the removals.

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

A-10 GERALD FREEMAN

Gerald Freeman, County Correction Officer, County of Monmouth, Sheriff’s Department, removal effective December 21, 2001, on charges of violation of the substance abuse policy and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-11 CATHIE WINKELRIED

Cathie Winkelried, Municipal Court Administrator, Township of Mount Laurel, Department of Administration and Finance, removal effective November 21, 2001, on charges of failure to perform duties, conduct unbecoming a public employee, neglect of duty 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-12 WILLIAM BERGIN

William Bergin, Security Officer, Ramapo College of New Jersey, return to permanently held title at the end of the working test period effective June 29, 2002.

Recommendation of the Administrative Law Judge - Uphold the return to permanently held title at the end of the working test period.

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

A-13 WILLIAM BEUCKMAN

William Beuckman, County Correction Officer, County of Burlington, County Jail, 15-day suspension on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, violation of policy, procedure, rules and regulations regarding conduct.

Recommendation of the Administrative Law Judge - Reverse the 15-day suspension.

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

A-14 JOANNE V. DANIYAN

Joanne V. Daniyan, Senior Correction Officer, Northern State Prison, Department of Corrections, removal effective April 8, 2002, on the charge of inability to perform duties.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a resignation in good standing.


A-15 ANAMARIA DELGADO-MENDEZ
Anamaria Delgago-Mendez, Human Services Assistant, Hagedorn Gero-Psychiatric Hospital, Department of Human Services, removal effective May 3, 2002, on charges of neglect of duty, loafing, idleness or willful failure to devote attention to tasks, which could result in danger to persons or property, failure or excessive delay or carrying out an order which could result in danger to persons or property and violation of a rule, regulation, policy, procedure, order or administrative decision.

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

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to uphold the removal.

A-16 SERENA JONES (CONSOLIDATION)

Serena Jones, Senior Data Entry Machine Operator, East Jersey State Prison, Department of Corrections, appeals four separate disciplines.

1) 15-day suspension on charges of failure to devote attention to tasks which could result in danger to persons or property, serious mistake due to carelessness, which may result in danger and/or injury to persons or property, and incompetency or inefficiency.

2) Six-day suspension on charges of serious mistake due to carelessness but not resulting in danger to persons or property and incompetency or inefficiency.

3) Removal effective August 29, 2000 on charges of neglect of duty, loafing, idleness or willful failure to devote attention to tasks which would not result in danger to persons or property.

4) Removal, on the charge of neglect of duty.

Recommendation of the Administrative Law Judge - 1) uphold the 15-day suspension, 2) uphold the six-day suspension, 3) modify the removal to a 30-day suspension and 4) modify the removal to a five month suspension.

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


A-17 RICARDO MALDONADO

Ricardo Maldonado, Police Officer, City of Newark, Police Department, removal effective June 20, 2000, on charges of violation of Police Department rules regarding malingering, return from sick or injury leave and chronic or excessive absenteeism or lateness.

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 but denied counsel fees.

A-18 RICHARD PREVOST

Richard Prevost, Police Officer, Township of Hazlet, Police Department, removal effective March 19, 2002, on charges of insubordination, misuse of public property, conduct unbecoming a public employee, neglect of duty 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-19 LYNDA QUILL

Lynda Quill, Public Safety Telecommunicator, Township of Lawrence, Department of Public Safety, removal effective July 23, 2002, on charges of incompetency, inefficiency or failure to perform duties and neglect of duty.

Recommendation of the Administrative Law Judge - Modify the removal to a 90-day suspension.

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


A-20 ANITA SANCHEZ (WITHDRAWAL)

Anita Sanchez, Food Service Worker, County of Passaic, Preakness Hospital, removal effective December 7, 1999, on the charge of chronic or excessive absenteeism or lateness.

Recommendation of the Administrative Law Judge - Withdrawal of the appeal.

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

A-21 EDWIN SMITH (CONSOLIDATION)

Edwin Smith, County Correction Officer, County of Burlington, Department of Corrections, ten-day suspension and removal effective March 28, 2002, on the charge of other sufficient cause.

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

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

A-22 TYRONE RANGE

Tyrone Range, Human Services Technician, Greystone Park Psychiatric Hospital, Department of Human Services, removal effective July 26, 1999, on the charge of physical abuse of a patient. This matter was held over from the Merit System Board Meeting of August 21, 2003.

Recommendation of the Administrative Law Judge - Reverse the removal.

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


SECTION B - MISCELLANEOUS MATTERS

B-1 DANIEL P. MEYER

Daniel P. Meyer, represented by James H. Casey, Esq., appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit 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 SAMANTHA A. BATTEN

Samantha A. Batten appeals the decision of Human Resource Information Services, which found that the appointing authority had presented a sufficient basis to remove her 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-3 ALANA FARROW

Alana Farrow appeals the decision of Human Resource Information Services, which found that the appointing authority had presented a sufficient basis to remove the appellant’s name from the Police Officer (S9999D), Township of Hillside, eligible list due to the falsification of her employment application.

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

B-4 PAUL ANYEJI

Paul Anyeji, Family Service Specialist 1, Division of Youth and Family Services (DYFS), Department of Human Services, represented by Karen Jarrett, Staff Representative, CWA Local 1037, petitions the Merit System Board for interim relief of his immediate suspension, effective June 25, 2003.

ACTION: The Merit System Board denied the request for interim relief.

B-5 ROBERT LOCKETT

Robert Lockett, Industrial Manager 2, State Use Industries, Albert C. Wagner Youth Correctional Facility, Department of Corrections (DOC), represented by Holly C. Fusco, Esq., petitions the Merit System Board (Board) for enforcement of its decision In the Matter of Robert Lockett (MSB, decided December 18, 2002) with respect to the award of counsel fees.

ACTION: The Merit System Board granted $5,937.50 in counsel fees

B-6 GEORGE LOPEZ

The Superior Court, Appellate Division, has temporarily remanded the January 29, 2003 decision of the Merit System Board, which granted the appellant counsel fees and mitigated back pay and benefits for the period of October 8, 1998 to July 9, 1999, for a ruling on the appointing authority’s motion for reconsideration and a determination regarding the amount of back pay and counsel fees.

ACTION: The Merit System Board denied the appointing authority’s request for reconsideration and referred the issues of the amount of back pay and counsel fees to the Office of Administrative Law for a hearing.

B-7 JAMES NANCE

James Nance, a Senior Code Enforcement Officer with the City of Newark, represented by Angelo R. Bianchi, Esq., seeks enforcement of the Merit System Board (Board) decision rendered on August 28, 2001, granting him back pay, benefits, and seniority and awarding him counsel fees.

ACTION: The Merit System Board granted back pay in the amount of $114,990.48 and counsel fees in the amount of $6,505.

B-8 SHERRA CAVE-HOWELL

The appeal of Sherra Cave-Howell, a Clerk Typist with the Camden City Housing Authority, of the good faith of her layoff, effective June 23, 2000, was before Administrative Law Judge Solomon A. Metzger (ALJ), who rendered his initial decision on July 9, 2003, dismissing the appeal. At its meeting on August 21, 2003, the Merit System Board (Board) did not adopt the ALJ’s recommendation. Rather the Board ordered the matter be reinstated and remanded to the Office of Administrative Law. The proposed decision is now submitted for the Board’s review.

ACTION: The Merit System Board adopted the decision.

B-9 JOHN GILLEY, JOSEPH LEWIS, LISA DORSEY, ERASMO QUINONES AND DANIEL MCKNIGHT, JR.

The appeals of John Gilley, Joseph Lewis, Lisa Dorsey, Erasmo Quinones and Daniel McKnight, Jr., County Correction Officers, County of Mercer, Department of Public Safety, of their removals on charges, were heard by Administrative Law Judge Solomon A. Metzger (ALJ), who rendered his initial decision on June 17, 2003, modifying the removals to a 30-day suspension for Gilley, a 60-day suspension for McKnight, a 90-day suspension for Quinones and a six-month suspension for Dorsey, and reversing the removal for Lewis. At its meeting on August 12, 2003, the Board, adopted the ALJ’s recommendations for appellants Gilley, Lewis, Quinones, and McKnight. However, the Board upheld Dorsey’s removal. On September 3, 2003, the Board, upon its own motion, granted reconsideration of its August 12, 2003 decision and determined that a six-month suspension was the appropriate penalty for Dorsey. The Board reaffirmed its adoption of the ALJ’s recommendations regarding the other appellants. The proposed decision is now submitted for the Board’s review.

ACTION: The Merit System Board adopted the decision.

B-10 MARIO SIMMONS

The appeal of Mario Simmons, a Police Officer with the City of Newark (Newark) of his removal, effective October 1, 1998, on charges, was heard by Administrative Law Judge Diana C. Sukovich (ALJ), who rendered her initial decision on July 8, 2003, upholding the charges and the appellant’s removal from employment. Additionally, the ALJ imposed a six-month suspension. At its meeting on August 21, 2003, the Merit System Board (Board) adopted the ALJ’s recommendation with the exception of the additional six-month suspension. The proposed final decision is now submitted for the Board’s review.

ACTION: The Merit System Board adopted the final decision.


B-11 JOSEPH TREIBER

The appeal of Joseph Treiber, a Maintenance Worker 1 with the Department of Transportation of his removal effective June 14, 2003 on charges, was heard by Administrative Law Judge John R. Futey (ALJ), who rendered his initial decision on July 9, 2003. At its meeting on August 21, 2003, the Merit System Board (Board) did not adopt the ALJ’s recommendation to modify the removal to a six-month suspension. Rather, the Board upheld the removal. The proposed final decision is now submitted for the Board’s review.

ACTION: The Merit System Board adopted the final decision.

B-12 LISA ASHBAUGH

Lisa Ashbaugh appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Executive Assistant 1 (PS3598K), Department of Human Services.

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

B-13 ROBERT BARBERIO

Robert Barberio appeals the determination of the Division of Selection Services, which denied him admittance to the open-competitive examination for Fire Fighter (M9999E).

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


B-14 CHRISTOPHER BARRAN, ET AL.

Christopher Barran, Finny Thomas and Carmen Bethea 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 Claims Adjudicator Support Specialist 2 (S6526C).

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

B-15 MICHELE BAZIN AND PATRICIA BROWN-SINCLAIR

Michele Bazin and Patricia Brown-Sinclair appeal the determinations of the Division of Selection Services that they did not meet the education and experience requirements for the promotional examination for Administrative Analyst (PC1505C), Essex County Citizen Services.

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

B-16 WAYNE BORKOWSKI

Wayne Borkowski appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Program Coordinator Mental Health (PC1327D), Middlesex County.

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

B-17 CAROL DAYKE

Carol Dayke appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the open-competitive examination for Assistant Supervisor of Senior Citizen Activities (M0119D), City of Newark.

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

B-18 HANCY DAVIS

Hancy Davis appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Administrative Analyst (PC1505C), Essex County Citizen Services.

ACTION: The Merit System Board directed that this appeal be denied.
B-19 COLEEN DELATE, ET AL.

Coleen Delate, Kathleen A. Gray, and Brenda Ortiz appeal the determination of the Division of Selection Services which found that, per the substitution clause for education, they were below the minimum requirements in experience for the promotional examination for Administrative Analyst 3 (Data Processing) (PS7341K), Division of Family Development.

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

B-20 JOE DEVLIN, ET AL.

Joe Devlin appeals the determination of the Division of Selection Services, which found that he was not eligible for the promotional examination for Field Monitor 2, Division of Motor Vehicles (PS5259T), Department of Transportation because the announced title did not represent a promotion. Frank Staff and Willie Thompson appeal the determination of the Division of Selection Services, which found that they were below the minimum requirements in education and experience for the promotional examination for Field Monitor 2, Division of Motor Vehicles (PS5259T), Department of Transportation.

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

B-21 IRENE ENARUSAI

Irene Enarusai appeals the determination of the Division of Selection Services, which found that 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 denied.

B-22 BRENDA FREYTES

Brenda Freytes appeals the determination of the Division of Selection Services that she did not meet the requirements for the promotional examination for Senior Training Technician (PC2241C), Passaic County Board of Social Services.

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


B-23 CURTIS HAWKINS

Curtis Hawkins 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 Security Officer (PS2567J), Ramapo College of New Jersey.

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

B-24 DONNA HORNYAK AND SANDRA KING

Donna Hornyak and Sandra King 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 1 (PS3598K), Department of Human Services.

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

B-25 PETE INGEMI

Pete Ingemi appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in experience for the promotional examination for Supervisor Streets (PM0450D), Winslow Township.

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

B-26 MICHAEL JACKSON

Michael Jackson 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 Steamfitter (M6003D), Newark School District.

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

B-27 WALTER JOHNSON, III

Walter Johnson, III appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in experience for the promotional examination for Supervisor Streets (PM0450D), Winslow Township.

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

B-28 ANTHONY KRUCINSKI

Anthony Kurcinski appeals the determination of the Division of Selection Services, which found him ineligible for the open competitive examination for Principal Audio-Visual Technician (S0063D).

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

B-29 BRUCE LAUBER AND LARRY HARRIS

Bruce Lauber and Larry Harris appeal the determinations of the Division of Selection Services that they did not meet the experience requirements for the promotional examination for Senior Interviewer (PS0710N), Department of Labor.

ACTION: The Merit System Board directed that the appeal of Bruce Lauber be granted and the appeal of Larry Harris be denied.

B-30 THOMAS MCCREIGHT, ET AL.

Thomas McCreight, Mitchell Friedlander, Marlene Dechert, Dale Parichuk, Dianne Haberstick, and Dennis Chance appeal the determinations of the Division of Selection Services that they did not meet the experience requirement for the open competitive examination for Chief of Investigations (S6562D).

ACTION: The Merit System Board directed that the appeals of Thomas McCreight, Marlene Dechert, and Dianne Haberstick be denied and the appeals of Mitchell Friedlander, Dale Parichuk and Dennis Chance be granted.

B-31 MARY JANE MCGEE

Mary Jane McGee appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Administrative Analyst 2, Data Processing (PS4489K), Department of Human Services.

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


B-32 ROBIN MCLAIN

Robin McLain appeals the determination of the Division of Selection Services that she did not meet the requirements for the promotional examination for Personnel Assistant 4 (PS3795I), Department of Corrections.

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

B-33 ALYSON MONKS

Alyson Monks appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the open competitive examination for Public Safety Telecommunicator (C0214D), Sussex County.

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

B-34 BRIAN O’CARROLL

Brian O’Carroll 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 Senior Recycling Operator (C6561D), Ocean County.

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

B-35 LUKE PANELLA

Luke Panella 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 Supervisor, Roads (M0344D) Liberty Township.

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

B-36 JOYCE PIETRUSZEWSKI

Joyce Pietruszewski appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Administrative Secretary (PM1696C), Jersey City School District.

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


B-37 GINGER PUCCIO AND SHAWN GARDINER

Ginger Puccio and Shawn Gardiner appeal the determinations of the Division of Selection Services, which found that they were below the minimum requirements in experience for Senior Claims Reviewer, Medical Assistance and Health Services (PS4415H), Department of Health and Senior Services.

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

B-38 LISA RANDOLPH

Lisa Randolph appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Senior Youth Worker (PS5943P), Juvenile Justice Commission.

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

B-39 MARY SANDHOLM

Mary Sandholm appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Principal Clerk Transcriber (PS6233K), Green Brook Regional Center.

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

B-40 LUIS SANTIAGO

Luis Santiago appeals the determination of the Division of Selection Services which found him ineligible for the promotional examination for Sheriff’s Officer Sergeant (PC2525E), Cumberland County.

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

B-41 JAMES TIERNEY, JR.

James Tierney, Jr., appeals his ineligibility for the Fire Fighter (M9999E), examination for failure to satisfy the age requirements.

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


B-42 WILLIAM TURNER

William Turner appeals the determination of the Division of Selection Services that denied his admittance to the open-competitive examination for Fire Fighter (M9999E).

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

B-43 STEVE VOLKSEN

Steve Volksen appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Social Worker 2, Corrections (PS5540I), Department of Corrections.

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

B-44 CECELIA WILLIAMS AND TAMARA JEFFERSON

Cecelia Williams and Tamara Jefferson appeal the determinations of the Division of Selection Services that they did not meet the education and experience requirements for the promotional examination for Administrative Analyst (PM2030C), City of Camden.

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

B-45 WAYNE WILLIAMS

Wayne Williams 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 Superintendent, Juvenile Detention Facility (PC1110D) Mercer County.

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

B-46 MARK AMOROSI

Mark Amorosi appeals his score on the open competitive examination for Principal Public Information Assistant (S4013C).

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


B-47 LISA BAROFSKI

Lisa Barofski appeals her score on the open competitive examination for Auditor 2 (S6509C).

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

B-48 JOHN CURRAN

John Curran appeals his score on the promotional examination for Supervising Environmental Specialist (Water Resources) (PS1467G), Department of Environmental Protection.

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

B-49 JAMES DUPONT

James Dupont appeals his score for the oral portion of the examination for Police Captain (PM3530D), Newark.

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

B-50 PAUL EDWARDS

Paul Edwards appeals his score for the examination for Police Captain (PM3532D), Garfield.

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

B-51 MARCELLA FRIEDMAN

Marcella Friedman appeals her score on the open competitive examination for Communications Systems Technician 2 (S6563D).

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

B-52 TERRENCE GRIMES

Terrence Grimes appeals his score for the oral portion of the examination for Police Captain (PM3519D), Camden City.

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


B-53 GEORGE PARSONS

George Parsons appeals his score for the oral portion of the examination for Police Captain (PM3530D), Newark.

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

B-54 MICHAEL REBELLO

Michael Rebello appeals his score for the oral portion of the examination for Police Captain (PM3530D), Newark.

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

B-55 ROBERT SBARAGLIO

Robert Sbaraglio appeals his score for the oral portion of the examination for Police Captain (PM3530D), Newark.

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

B-56 MICHAEL SITES

Michael Sites appeals his rank and score for the promotional examination for Senior Public Safety Telecommunicator (PC0731C), Salem County.

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

B-57 MARK TIERNAN

Mark Tiernan appeals his score for the oral portion of the examination for Police Captain (PM3541D), Teaneck.

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

B-58 JOHN WISELY

John Wisely appeals his score for the oral portion of the examination for Police Captain (PM3555D), Jersey City.

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


B-59 ANGELA DRAKES

Angela Drakes appeals the determination of the Division of Selection Services denying her request for a make-up examination for Executive Assistant (PC1327C), Bergen County.

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

B-60 BRIAN KUSHNIR

Brian Kushnir appeals the denial by the Division of Selection Services of his request for a make-up for the physical performance portion of the examination for Fire Fighter (M9999D), various lists.

ACTION: The Merit System Board granted the request.

B-61 DEAN KAZINCI

Dean Kazinci appeals the test administration of the oral portion of the examination for Police Captain (PM3541D), Teaneck.

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

B-62 CHRISTINE PENDER

The Director, Division of Human Resource Management, on behalf of the Gloucester County Board of Social Services, requests that Christine Pender’s out-of-title work be accepted to qualify her for a prospective promotional examination for the title of Senior Technician, Management Information Systems.

ACTION: The Merit System Board granted the request.

B-63 ENRIQUETA CLARKE

Enriqueta Clarke appeals the determination of the Division of Selection Services, which found that, due to insufficient funds, her application would not be processed further for the open competitive examination for Senior Income Maintenance Technician.

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


B-64 FRANCIS PAUL DALY, ET AL.

Francis Paul Daly, Christopher Weiss, Karl Manns, Dean Spann, Anthony Stafford and Douglas Brookes, represented as a group by Paul L. Kleinbaum, Esq., on behalf of the East Orange Fire Officers Association, and Karl Manns, represented by Fredric Knapp, Esq., petitions the Merit System Board for reconsideration of the decision rendered on February 26, 2003 regarding seniority scores on the promotional examination for Deputy Fire Chief (PM3575C), East Orange.

ACTION: The Merit System Board granted the request.

B-65 PETER SMITH

Peter Smith petitions the Merit System Board for reconsideration of the decision rendered on April 9, 2003, which denied his appeal regarding his score on the oral portion of the promotional examination for Fire Captain (PM4053C), West Orange.

ACTION: The Merit System Board denied the request.

B-66 LALENA GAGUSKI

The Township of Ewing requests relaxation of N.J.A.C. 4A:7.1A(d) so as to permit the intergovernmental transfer of Lalena Gaguski from the title of Ranger, Department of Environmental Protection, to the title of Police Officer, Township of Ewing.

ACTION: The Merit System Board granted the request.

B-67 JOSEPH BALDWIN

Joseph Baldwin requests that his name be placed on the regular reemployment list for Safety Specialist 2, Motor Vehicle Commission.

ACTION: The Merit System Board granted the request.


B-68 NAGY SILEEM

At its meeting of August 21, 2003, the Merit System Board granted Mr. Sileem’s eligibility appeal for the title of Construction Official (M9956D), Borough of Hopatcong, based upon the belief that Mr. Sileem presented evidence of possession of the required license after the closing date. However, further review of the record indicates that the appellant did not present evidence of possession of the required license either before or after the closing date.

ACTION: The Merit System Board reconsidered this matter sua sponte and directed that this appeal be denied.

B-69 CONSTRUCTION OFFICIAL/FIRE OFFICIAL (M2143A), BOROUGH OF POINT PLEASANT BEACH

The Borough of Point Pleasant Beach, represented by Thomas G. Gannon, Esq., petitions the Merit System Board for reconsideration of the final administrative decision rendered February 26, 2003, denying the petitioner’s request for an appointment waiver, ordering the proper disposition of certification (OL01012) within 30 days of the issuance of the February 26, 2003 decision, and imposing a $1,000 fine and $250 in compliance costs.

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

B-70 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of August 21, 2003 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of August 21, 2003.

B-71 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of September 3, 2003 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of August 21, 2003.


B-72 SHERRY DRIBER

Sherry Driber appeals the determination of the Division of Selection Services that she did not meet the experience requirement for the promotional examination for Project Manager, Data Processing (PS3741G), Department of Environmental Protection.

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

B-73 NELLIE MAY HODSON

Nellie May Hodson appeals the determination of the Division of Selection Services, which found that she was below the minimum requirements in experience for the open competitive examination for Legal Secretary 2 (S4035C).

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

B-74 EARLY SETTLEMENTS

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

Pierce Graham
East Jersey State Prison
Department of Corrections
Suspensions (2) and removal

Felicia McAllister
Department of Transportation
Release at the end of the working test period

Herbert Robinson
Division of Youth and Family Services
Department of Human Services
Removal

Robert Kalinowski
County of Mercer
Suspension

ACTION: The Merit System Board acknowledged the settlements.
B-75 JAMES R. BETTE

James R. Bette appeals the removal of his name from the (S9999B) Township of West Orange eligible list for the title of Police Officer on the basis of psychological unfitness.

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

B-76 SAMUEL CARTAGENA, JR.

Samuel Cartagena, Jr., appeals his rejection as a Sheriff’s Officer candidate by the County of Hudson and its request to remove his name from the eligible list for Sheriff’s Officer (S9999B) 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-77 CLINT B. CIANCAGLINI

Clint B. Ciancaglini appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit (S9999B) 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-78 CEDRIC L. DAVIS

Cedric L. Davis, represented by Scott J. Capriglione, Esq., appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit (S9999B) 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-79 JUSTIN DELANEY

Justin Delaney, represented by Sidney H. Lehmann, Esq., appeals his rejection as a Police Officer candidate by the Township of Brick and its request to remove his name from the eligible list for Police Officer (S9999B) on the basis of psychological unfitness to effectively perform the duties of the position.

ACTION: The Merit System Board referred this matter for independent psychological evaluation.

B-80 RAYMOND J. DELLANGELO

Raymond J. Dellangelo appeals the removal of his name from the (S9999B) Township of West Orange eligible list for the title of Police Officer on the basis of psychological unfitness.

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

B-81 SCOTT FELDMAR

Scott Feldmar, represented by John Murray, Esq., appeals his rejection as a County Correction Officer candidate by the County of Warren and its request to remove his name from the eligible list for County Correction Officer (S9999B) 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-82 ANDRE HENRY

Andre Henry appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove her name from the eligible list for Correction Officer Recruit (S9999B) 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-83 JEFFREY L. JOHNSON

Jeffrey L. Johnson, represented by Robert R. Cannan, Esq., appeals his rejection as a Police Officer candidate by the Borough of Roselle and its request to remove his name from the eligible list for Police Officer (S9999B) on the basis of psychological unfitness to perform effectively the duties of the position.

ACTION: The Merit System Board referred the matter for independent psychological evaluation.

B-84 JAMES LYONES, JR.

James Lyones, Jr. appeals his rejection as a County Correction Officer candidate by the County of Essex and its request to remove his name from the eligible list for County Correction Officer (S9999B) 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-85 PABLITO PEPIN

Pablito Pepin, represented by Ramon De La Cruz, Esq., appeals his rejection as a Sheriff’s Officer candidate by the County of Hudson and its request to remove his name from the eligible list for Sheriff’s Officer (S9999A) 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-86 MARILYN RODRIGUEZ

Marilyn Rodriguez appeals her rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove her name from the eligible list for Correction Officer Recruit (S9999B) 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-87 FREDERICK L. WACK

Frederick L. Wack appeals the removal of his name from the (S9999A) New Jersey State Parole Board eligible list for the title of Parole Officer Recruit on the basis of psychological unfitness.

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

B-88 TERENCE A. WELLS

Terence A. Wells appeals his rejection as a Police Officer candidate by the City of Irvington and its request to remove his name from the eligible list for Police Officer (S9999B) 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-89 WILLIAM J. WILLIAMS

William J. Williams appeals the removal of his name from the (S9999B) County of Morris 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 RONALD FUSARO

Ronald Fusaro appeals the request by the City of Clifton to remove his name from the Police Officer (S9999D) eligible list for medical unfitness to effectively perform the duties of the position.

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

B-91 MARY ANN BARLOW

Mary Ann Barlow, a Senior Parole Officer with the State Parole Board, appeals the denial of sick leave injury (SLI) benefits.

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


B-92 DR. NENITA YU-HUANG

Dr. Nenita Yu-Huang, a Physician Specialist 1 with the Greystone Park Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-93 THOMAS D’ANGELO

Thomas D’Angelo appeals the decision of the appointing authority to bypass his name on the Senior Sanitary Inspector (PC0781A), Warren County eligible list. This matter was held over from the April 23, 2003 Merit System Board meeting.

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

B-94 HENRY IWUALA

Henry Iwuala appeals the determination of Human Resource Information Services, which found that Essex County had presented a sufficient basis to remove the appellant’s name from the Senior Program Monitor (C6412C), Essex County, eligible list on the basis that he lacked the required experience.

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

B-95 ARLENE J. MOORE

Arlene J. Moore appeals the decision of Human Resource Information Services, which found that the appointing authority had presented a sufficient basis to remove her name from the Judiciary Clerk 2 (S7040D), Judiciary Vicinage 12 - Union County eligible list, due to her failure to appear for an interview and typing test.

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


B-96 DEPUTY MUNICIPAL EMERGENCY MANAGEMENT COORDINATOR (M6705C)

The appointing authority’s failure to properly dispose to the certification for Deputy Municipal Emergency Management Coordinator, 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-97 FORK LIFT OPERATOR (M6923D), NEWARK SCHOOL DISTRICT

The appointing authority’s failure to properly dispose of the certification for Fork Lift Operator, 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 appointee, make an appointment from the certification and pay compliance costs.

B-98 MUNICIPAL COURT ATTENDANT (M6721C), CITY OF NEWARK

The appointing authority’s failure to properly dispose of the certification for Municipal Court Attendant 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-99 POLICE RECORDS CLERK (M7992D), CITY OF JERSEY CITY

The appointing authority’s failure to properly dispose of the certification for Police Records Clerk, while two 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-100 PRINCIPAL PLANNER, EMERGENCY MANAGEMENT (S6521C), BOARD OF PUBLIC UTILITIES

The appointing authority requests permission not to make an appointment from the certification for Principal Planner, Emergency Management (S6521C), Board of Public Utilities.

ACTION: The Merit System Board granted the request for appointment waiver but assessed the costs of selection.
B-101 SECURITY GUARD (C1420B), ESSEX COUNTY SHERIFF’S OFFICE

The appointing authority’s failure to properly to dispose of the certification for Security Guard while seven 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-102 HEATHER GRIFFITH

Heather Griffith, a Social Work Supervisor 2, Secured Facilities, at Bayside State Prison, Department of Corrections (DOC), appeals the determination of the Director of the Equal Employment Division (EED) with the DOC, on the basis that the determination did not address the issue of third party harassment as a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace. This matter was held over from the August 21, 2003 Merit System Board Meeting.

ACTION: The Merit System Board directed that this appeal be granted, but no further action is required.

B-103 MARTA REYES AND VIVIAN ROOKS

Marta Reyes and Vivian Rooks, Supervisors of Educational Programs 2 with the Juvenile Justice Commission, Department of Law and Public Safety, appeal the determinations of the Assistant Attorney General, stating that they failed to present sufficient evidence to support a finding that they 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 these appeals be denied.

B-104 OBIANUJU OKOSA

The County of Union, represented by Allan C. Roth, Esq., petitions the Merit System Board for a determination of the back pay amount due to Obianuju Okosa as a result of the Board’s August 29, 2000 decision awarding her mitigated back pay, benefits and seniority.

ACTION: The Merit System Board granted $76,784.14 in gross back pay, plus sick leave, vacation leave and seniority.

B-105 EUGENE O’BRIEN

Eugene O’Brien petitions the Merit System Board for back pay and benefits from July 31, 1998 to November 12, 1998, in connection with the decision of the Merit System Board, rendered on April 9, 2003, which reversed the appellant’s removal and acknowledged his resignation in good standing in accordance with the terms of a plea agreement.

ACTION: The Merit System Board denied the request.

B-106 RONALD HALL

Ronald Hall, a Sheriff’s Officer Sergeant, represented by Merick H. Limsky, Esq., petitions the Merit System Board for a determination of his entitlement to permanent status in the title of Sheriff’s Officer Lieutenant with the Passaic County Sheriff’s Department.

ACTION: The Merit System Board denied the request for permanent status, but directed that the petitioner be admitted to the Sheriff’s Officer Lieutenant (PC2524E) examination.

B-107 KATHERINE HERNANDEZ

Katherine Hernandez, Head Clerk, NJ State Parole Board, represented by Brett Richter, Communications Workers of America, Local 1039, requests Merit System Board review of two, three day suspensions.

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


B-108 JOSEPH HORNICK

The Superior Court, Appellate Division, has reversed and remanded that part of the decision of the Merit System Board (Board) in In the Matter of Joseph Hornick (MSB, decided May 8, 2001), in which the Board modified the removal to a 60-day suspension.

ACTION: The Merit System Board reinstated the removal.

B-109 KOLA AGBOOLA

Kola Agboola appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examinations for Administrative Analyst 3 (Procurement), (S6604D) and Budget Analyst 2 (S0043D).

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

B-110 KATHLEEN AYRES

Kathleen Ayres 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 Assistant Buyer (PS4460K), Division of Medical Assistance and Health Services.

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

B-111 AUSTIN BANGE

Austin Bange 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 Crew Supervisor, Plumbers and Steamfitters (S6599D).

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


B-112 ROSEANN CAMPBELL

Roseann Campbell 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 Supervisor, Data Input and Control Treasury (PS4787U) Department of the Treasury.

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

B-113 JOANNE CARTER

Joanne Carter 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, (PS2909U), Department of the Treasury.

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

B-114 DASHAWNNA CLARK

Dashawnna Clark appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Personnel Aide 2 (PS4701K), Department of Human Services.

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

B-115 GARY CLOSS

Gary Closs appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Assistant Housekeeper Supervisor 2 (PS5639J), New Jersey City University.

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

B-116 GREGORY COLEMAN AND ANNAMARIE MCMULLEN

Gregory Coleman and Annamarie McMullen appeal the determination of the Division of Selection Services, which found that they were below the minimum requirements in experience for the open competitive examination for Section Supervisor, Fiscal Resources (S3008C).

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

B-117 WAYNE CRESTA

Wayne Cresta appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Rent Regulation Officer (PM1183D) Town of Morristown.

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

B-118 ALBERT DAVENPORT

Albert Davenport appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements for the promotional examination for Institutional Trade Instructor 2 (Food Processing) (PS5637I), South Woods State Prison.

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

B-119 GLENN DAVIS

Glenn Davis appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examinations for Interviewer (S0134E), Department of Labor and Personnel Assistant 4 (Employee Relations) (S0316E).

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

B-120 PAMELA DEWS

Pamela Dews appeals the determination of the Division of Selection Services that she did not meet the experience requirement for the promotional examination for Principal Library Assistant (PS5944J), William Paterson University.

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


B-121 JAMES DICLAUDIO

James DiClaudio 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 Crew Supervisor, Plumbers and Steamfitters (S6599D).

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

B-122 EUGENE DRAYTON

Eugene G. Drayton appeals the determination of the Division of Selection Services that he did not meet the requirements for the open-competitive examination for Operations and Training Officer, Emergency Management (M6822D), City of Jersey City.

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

B-123 BERNARD ECKENRODE

Bernard Eckenrode 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 Principal Fiscal Analyst (M6443C), Newark School District.

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

B-124 JACQUELYN EPPS

Jacquelyn Epps appeals the determination of the Division of Selection Services that she did not meet the requirements for the promotional examination for Principal Fiscal Analyst (PM15025C), Newark School District.

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

B-125 HELEN FERONE

Helen Ferone 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 (PS2909U), Department of the Treasury.

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

B-126 ERIC FIELDS

Eric Fields appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the open competitive examination for Public Safety Telecommunicator (C0138D), Gloucester County.

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

B-127 MARYANN FREYE

Maryann Freye 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 Supervising Program Development Specialist Community Service (PC1009D), Camden County.

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

B-128 DAVIN GILMORE

Davin Gilmore appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the open competitive examination for Assistant Public Information Officer (C0184D), Ocean County.

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

B-129 PAUL HALLEY AND SAMUEL J. TULAMELLO

Paul Halley and Samuel J. Tulamello appeal the decisions of the Division of Selection Services, which found that they did not meet the experience and education and experience requirements respectively, for Communications Systems Technician 2 (S6563D).

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


B-130 TAMIKA JACKSON, ET AL.

Tamika Jackson, Anita Mitchel-Erawoc, Patricia Hall and Angela Brown appeal their respective determinations of the Division of Selection Services, which found that they did not meet the experience requirement for the open competitive examination for Identification Officer (S0059D).

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

B-131 PERRY L. JAMBOR

Perry L. Jambor appeals the determination of the Division of Selection Services that he did not meet the requirements for the open competitive examination for Field Representative, Property Improvement (M0059D), Township of West Orange.

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

B-132 DIANA KELLEY

Diana Kelley appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, she did not meet the minimum experience requirements for the promotional examination for Administrative Analyst 2 (Data Processing) (PS4489K), Division of Family Development.

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

B-133 LESTER R. LARONDE

Lester R. Laronde appeals the determination of the Division of Selection Services, which found that he was below the minimum requirement in experience for the open competitive examination for Carpenter (M6789D), City of Paterson.

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


B-134 KRISTINA OFFORD

Kristina Offord appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the open competitive examination for Senior Alcoholism Counselor (C6731D), Camden County.

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

B-135 MARY PERRY

Mary Perry appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Principal Clerk Transcriber (PS5276K), Department of Human Services.

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

B-136 RAYMOND POWELL

Raymond Powell appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the open competitive examination for Assistant Supervisor of Billing and Collecting (M6854D), Jackson Township.

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

B-137 WILLIE E. RICHARDSON

Willie E. Richardson 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 Affirmative Action Specialist (M0025D), City of Newark.

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

B-138 MATTHEW SCHUMAN

Matthew Schuman appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the promotional examination for Administrative Analyst 2 (Data Processing) (PS5994I), Department of Corrections.

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

B-139 NYA TAYLOR

The City of Elizabeth, on behalf of Nya Taylor, appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for the promotional examination for Senior Clerk Typist (PM0699E), City of Elizabeth.

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

B-140 WANDA THOMPSON

Wanda Thompson 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 Purchasing Agent (M0272D), Irvington Housing Authority.

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

B-141 DAWN TOTH

Dawn Toth 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 (Fiscal Management) (PS5430K) Division of Youth and Family Services.

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

B-142 LOIS VITKOWSKY

Lois Vitkowsky 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 Telephone Operator, Typist (S0069D).

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

B-143 PETER WINKLER

Peter Winkler 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 Geographic Information Systems Specialist 3 (S6587D).

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

B-144 KATHRYN ZINGARO

Kathryn Zingaro appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the open competitive examination for Administrative Analyst 3, Fiscal Management (S6536C).

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

B-145 JULIA ZUNIGA

Julia Zuniga 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 Public Information Assistant (C0282D), Mercer County.

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

B-146 MARK BORIEK AND JEFFREY MATTHEWS

Mark Boriek and Jeffrey Matthews appeal their scores on the promotional examination for Supervising Biologist (Fisheries)(PS3721G), Department of Environmental Protection.

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

B-147 THOMAS DREYER AND JASON LAWHON

Thomas Dreyer and Jason Lawhon appeal their scores on the promotional examination for Heavy Equipment Operator, Sanitary Landfill (PC0049D), Monmouth County.

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

B-148 WILLIAM HEITZMAN, ET AL.

William Heitzman, Andrea Ostroff and Daniel Roberts appeal their scores on the open competitive examination for Assistant Biologist, Wildlife Management (S0081D), Department of Environmental Protection.

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

B-149 CAROL MUSCENTE

Carol Muscente appeals her score on the promotional examination for Data Processing Analyst 1 (PS8104U), Office of Information Technology.

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

B-150 MARK TUCKER

Mark Tucker appeals his score on the open competitive examination for Carpenter (M6015B), Newark School District.

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

B-151 PATRICIA WEATHERBY

Patricia Weatherby appeals her score on the promotional examination for Human Services Specialist 3 (PC1146B), Cape May County Board of Social Services.

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

B-152 GERARD WILSON

Gerard Wilson appeals his score on the promotional examination for Senior Recreation Maintenance Worker (PM0256C), City of Elizabeth.

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

B-153 LUCILLE HENDRICKS

Lucille Hendricks appeals the determination of the Division of Selection Services denying her request for a make-up for the promotional examination for Technical Assistant 2 Treasury (PS4782U) and the open competitive examination for Technical Assistant 2 Treasury (S0034D), Department of Treasury.

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


B-154 JENNIFER A. NELIGAN

Jennifer A. Neligan requests a make-up examination for Probation Officer (S0148E) on the basis that she did not receive notification of the examination.

ACTION: The Merit System Board granted the request.

B-155 HOWARD SARUBIN

Howard Sarubin appeals the determination of the Division of Selection Services denying his request for a make-up for the promotional examination for Senior Laboratory Technician (Microbiology) (PS3053H), Department of Health and Senior Services.

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

B-156 WANDA WESLEY

Wanda Wesley appeals the determination of the Division of Selection Services denying her request for a make-up for the promotional examination for District Office Manager 1, Youth and Family Services (PS6932K), Division of Youth and Family Services.

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

B-157 MARY A. BODINE

The Department of Banking and Insurance requests that Mary A. Bodine’s out-of-title work experience gained in the title of Customer Service Representative 1 be accepted to qualify her for a prospective promotional examination for the title of Investigator 3.

ACTION: The Merit System Board granted the request.

B-158 JACINTA DECOHEN

The Director, Division of Human Resource Management, on behalf of the Department of Education, requests that Jacinta DeCohen’s out-of-title work experience be accepted to qualify her for a prospective promotional examination for the title of Senior Technician, Management Information Systems.

ACTION: The Merit System Board granted the request.


B-159 TERESA M. WYLIE

The Director, Division of Human Resource Management, on behalf of the Department of the Treasury, requests that Teresa M. Wylie’s out-of-title work experience be accepted to qualify her for a prospective promotional examination for the title of Fiscal Analyst, Department of the Treasury.

ACTION: The Merit System Board granted the request.

B-160 ATLANTIC COUNTY CORRECTION OFFICERS

The County of Atlantic represented by William P. Busch, Jr., Esq., appeals the determination of the Division of Human Resource Management, which found that the duties and responsibilities of a County Correction Officer are to be routinely confined to the custody, rule, keeping and charge of the county jail and prisoners therein.

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

B-161 RONALD ARBUCKLE

The Director of the Division of Human Resource Management has requested that the Merit System Board review the employment status of Ronald Arbuckle with the Newark Police Department. Specifically, the Director asks for a determination of Mr. Arbuckle’s regular appointment date in the title of Police Officer.

ACTION: The Merit System Board directed that the record reflect that Ronald Arbuckle’s permanent appointment to the title of Police Officer with a date of May 1, 1969 for record and seniority purposes and December 28, 1993 for salary and pension purposes.


B-162 KIM BANNISTER

Kim Bannister, represented by Sidney H. Lehmann, Esq., and the City of Atlantic City (Atlantic City), request that the Merit System Board approve the appointment of Ms. Bannister from the promotional eligible list for Police Officer (PM1524D), Atlantic City. Ms. Bannister also appeals her title change from Police Officer to Police Aide. In the alternative, Atlantic City requests that the intergovernmental transfer of Ms. Bannister from the title of Police Aide, Atlantic City, to the title of Sheriff’s Officer, Atlantic County, be approved.

ACTION: The Merit System Board directed that the closing date for the promotional examination for Police Officer (PM1524D), Atlantic City be recorded as February 5, 2002 and Kim Bannister’s appointment as a Police Officer, effective December 12, 2002, be approved.

B-163 NORMAN PRICE

Norman Price, a Police Officer with the City of East Orange, represented by Phillip G. Ray, Esq., appeals the decision of the Division of Human Resource Information Services, which denied his request to revive the eligible list for Police Sergeant (PM2520A), City of East Orange, in order to effectuate his appointment.

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

B-164 DANIELLE JOHNSON

Danielle Johnson 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 Laboratory Technician (M0299D), City of Bayonne.

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



B-165 HERMAN COLBERT

Herman Colbert, represented by Edward Fradkin, Esq., appeals his rejection as a County Correction Officer candidate by the County of Monmouth and its request to remove his name from the eligible list for County Correction Officer on the basis of psychological unfitness to perform effectively the duties of the position.

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

 

B-166    EARLY SETTLEMENTS

Angel Arbelo
Ancora Psychiatric Hospital
Department of Human Services
Removal

Wayne Bishop
City of Newark
Neighborhood and Recreational Services
Resignation not in good standing

Barbara Crawley
Woodbine Developmental Center
Department of Human Services
Release at the end of the working test period

Michael Hoffman
County of Mercer
Department of Public Safety
Removals (2)

Jacquelin Howard
Northern State Prison
Department of Corrections
Removal

Tillie McArthur
New Lisbon Developmental Center
Department of Human Services
Suspensions (2)


Barbara Morris
New Jersey Memorial Home at Menlo Park
Department of Military and Veterans’ Affairs
Removal

Shanika Pierce
Greenbrook Regional Center
Department of Human Services
Suspension

Christopher Pirozzi
Central Transportation
Department of Corrections
Suspension

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

Janet Wallace
Woodbridge Developmental Center
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, October 22, 2003, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

_____________________________________
IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD

 
 
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