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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

A regular meeting of the Merit System Board was held on Wednesday, March 10, 2004 , in Trenton , New Jersey .

PRESENT: Chairwoman Ida L. Castro, Merit System Board Members, Alan Dexter Bowman, Josephine DiRienzo and Margaret E. L. Howard; Elizabeth Laufer, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.

In accordance with L.1975, c.231, Chairwoman Ida L. Castro opened the meeting with the following statement:

Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on December 11, 2003, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

CONFIDENTIAL APPOINTMENTS

The Merit System Board recorded the following Confidential Appointments under N.J.S.A. 11A:3-4(h):

Melanie Rogacki appointed as a Confidential Assistant, Department of Environmental Protection, effective March 1, 2004, salary of $42,000.00 per annum.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Bobbie Jo Bozarth
County of Burlington
Buttonwood Hospital
Suspensions

In the Matter of Victor Cugliari
City of Newark
Police Department
Suspension

In the Matter of William T. Curry
Juvenile Justice Commission
Department of Law and Public Safety
Discrimination
In the Matter of Michael J. Dalia
Township of Woodbridge
Police Department
Suspension

In the Matter of Barbara Davis
Department of Treasury
Removal

In the Matter of William McDonnell
County of Burlington
County Jail
Suspension


In the Matter of Dennis Poe
Mid State Correctional Facility
Department of Corrections
Suspension

In the Matter of Theresa Wright
State of New Jersey Judiciary
Hudson Vicinage
Suspension

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

ACTION: The Merit System Board acknowledged the settlements.

A-2 JULIO C. PAREDES, III

Julio C. Paredes, III, Police Officer, City of Newark , Police Department, 15-day suspension on charges of violation of Police Department rules regarding care of property and misuse of public property.

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-3 ANETRA RIDDICK

Anetra Riddick, Data Control Clerk Typing, County of Burlington, County Jail, ten-day and 15-day suspensions on charges of chronic or excessive absenteeism or lateness and other sufficient cause.

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

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

A-4 JAMES WATSON

James Watson, Police Officer, City of Newark , Police Department, 25-day suspension on charges of violations of Police Department rules regarding disobeying orders, unauthorized outside employment and making false statements.

This matter was previously presented to the Merit System Board at its regular meeting of February 25, 2004 .

Recommendation of the Administrative Law Judge - Modify the 25-day suspension to a 15-day suspension.

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to uphold the 25-day suspension.

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

A-5 JOHN FARNSWORTH

John Farnsworth, Senior Geologist, Department of Environmental Protection, ten-day suspension on charges of insubordination, neglect of duty and violation of the attendance policy, 15-day suspensions on charges of neglect of duty and removal effective December 15, 2000, on charges of incompetency, inefficiency or failure to perform duties and neglect of duty.

Recommendation of the Administrative Law Judge - Uphold the ten and 15-day suspensions and removal.

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

A-6 DAVID RIVERA

David Rivera, Police Officer, City of Union City, Department of Public Safety, removal effective July 22, 2002, on charges of inability to perform duties, conduct unbecoming a public employee, conduct unbecoming a police officer, neglect of duty, other sufficient cause and forfeiture of employment based upon a guilty plea.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-7 GARY THACKER

Gary Thacker, Communications Manager, City of Trenton , Police Department, removal effective July 3, 2002 , on the charge of failure to comply with a residency ordinance.

Recommendation of the Administrative Law Judge - Reverse the removal.

ACTION: The Merit System Board dismissed the appeal for lack of jurisdiction.

A-8 AUGUSTINE UKEACHU

Augustine Ukeachu, Parole Officer Recruit, Office of Parole Programs, Department of Corrections, removal effective November 10, 1999, on charges of inability to perform duties and violation of a rule regulation, policy, procedure, order or administrative decision and release at the end of the working test period effective November 19, 1999.

Recommendation of the Administrative Law Judge - Uphold the release at the end of the working test period. The appeal for the removal was dismiss as moot.

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

A-9 PATRICIA WEST

Patricia West, County Correction Officer, County of Hudson, Department of Corrections, 30-day suspension with fines in the amounts of $688.74 and $1147.90 and a removal effective November 8, 2001, on charges of incompetence, inefficiency or failure to perform duties, insubordination, conduct unbecoming a public employee, neglect of duty, and other sufficient causes, due to failure to perform mandatory overtime in excess of eighteen occasion.

Recommendation of the Administrative Law Judge - Uphold the 30-day suspension with fines in the amounts of $688.74 and $1147.90 and removal.

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

A-10 VADIE WRIGHT

Vadie Wright, Occupational Safety Consultant I, New Jersey Department of Labor, removal effective March 8, 2002, on charges of conduct unbecoming a public employee and neglect of duty. Settled to a withdrawal of appeal and reimbursement of back pay.

Recommendation of the Administrative Law Judge - Acknowledge the settlement.

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

A motion was made and seconded that the open session be recessed and that, pursuant to Section 12(b) of the Open Public Meetings Act, the Merit System Board entered into Executive Session for the purpose of legal advice on the matter of A-11 David Martinez. The Board subsequently reconvened the public meeting.

A-11 DAVID MARTINEZ

David Martinez, Police Officer, City of Jersey City, Police Department, removal effective June 3, 2002, on charges of violation of Police Department rules regarding narcotic use and obedience to laws, regulations and order.

This matter was previously presented to the Merit System Board at its regular meeting of January 7, 2004 .

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board denied reconsideration of this matter.

SECTION B - MISCELLANEOUS MATTERS

B-1 STEVEN J. DOUMA

Steven J. Douma, appeals his rejection as a Sheriff's Officer candidate by the County of Passaic and its request to remove his name from the eligible list for Sheriff's Officer (S9999) 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 SALVATORE LIGUORI, JR.

Salvatore Liguori, Jr., represented by Joseph P. Pasqualetto, 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 denied.

B-3 JONATHAN G. LUTON

Jonathan G. Luton appeals his rejection as a County Correction Officer candidate by the County of Union and its request to remove his name from the eligible list for County Correction Officer (S9999D) 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-4 EDWIN RODRIGUEZ, JR.

Edwin Rodriguez, Jr., appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections ant is request to remove his name from the eligible list for Correction Officer Recruit (S9999D) 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-5 BRIAN RUSSO

Brian Russo, represented by Suzanne M. Smith, Esq., appeals his rejection as a Police Officer candidate by the Township of North Arlington and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-6 MICHAEL AVILA

Michael Avila, represented by Richard M. Freid, Esq., appeals his rejection as a Police Officer by the City of Paterson and its request to remove his name from the eligible list for Police Officer (S9999D) on the basis of medical unfitness to perform effectively the duties of the position.

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

B-7 LISA BIAMONTE-CREA

Lisa Biamonte-Crea appeals her rejection as a County Correction Officer by Bergen County and its request to remove her name from the eligible list for County Correction Officer (S9999D) on the basis of medical unfitness to perform effectively the duties of the position.

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

B-8 DAVID RUBERT

David Rubert appeals his rejection as a Police Officer by the City of Camden and its request to remove his name from the eligible list for Police Officer (S9999D) on the basis of medical unfitness to perform effectively the duties of the position.

ACTION: The Merit System Board directed that this appeal be granted, subject to appellant's passing of a psychological examination.

B-9 ELIZABETH ADAMS

Elizabeth Adams, a Human Services Technician 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-10 WILLIAM BANKS

William Banks, a Senior Correction Officer (Juvenile Justice) with the Juvenile Justice Commission, represented by John G. Devlin, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-11 PATRICIA BLAUTH

Patricia Blauth, a Principal Clerk Typist with the Department of Environmental Protection, represented by Thomas J. Walls, Jr., Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-12 MARY COLEMAN

Mary Coleman, a Chare Nurse at Greystone Park Psychiatric Hospital , Department of Human Services, represented by Benjamin Spivack, CWA Local 1040 appeals the denial of sick leave injury (SLI) benefits.

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

B-13 DENA COOPER

Dena Cooper, a Human Services Assistant with 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 denied.

B-14 MICHAEL LIEBERMAN

Michael Lieberman, a Clinical Psychologist with Ancora Psychiatric Hospital , Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-15 DOROTHY LITTLE

Dorothy Little, a Technical Assistant with the Commerce and Economic Growth Commission, represented by Adam Liebtag, Staff Representative, CWA Local 1034, appeals the denial of sick leave injury (SLI) benefits.

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

B-16 KATHLEEN LUTZ

Kathleen Lutz, a Coordinator, Consultation and Development, Local Health Services, with the Department of Health and Senior Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-17 PHYLLIS NALBONE

Phyllis Nalbone, a Technical Assistant with the Department of the Treasury, represented by Anthony J. Murgatroyd, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-18 JAMES WYCKOFF

James Wyckoff, an Operating Engineer 1 with Woodbridge 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-19 ADOLFO AGUIRRE

Adolfo Aguirre appeals the decision of Human Resource Information Services, which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999D), North Bergen township, on the basis of an unsatisfactory driving record.

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

B-20 RAJHAN GORDON

Rajhan Gordon, represented by Catherine M. Elston, Esq., appeals the removal of his name from the eligible list for Police Officer (S9999A), City of Newark , on the basis of his residency, and an unsatisfactory driving record and background report.

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

B-21 TIMOTHY HART

Timothy Hart, represented by William W. Hart, Jr., Esq., appeals the bypass of his name on the open-competitive eligible list for fire Fighter (M2048A), Township of Hillside .

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

B-22 LATANYA D. JONES

Latanyia D. Jones 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 County Correction Officer (S9999D), Middlesex County , eligible list, on the basis of her failure to maintain an interest in the position.

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

B-23 BRIAN J. MCGRANE

Brian J. McGrane, represented by Sidney H. Lehmann, Esq., appeals the decision of Human Resource Information Services, which upheld the removal of his name from the Police Officer (S9999D), Hamilton Township , eligible list, on the basis of falsification of his employment application.

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

B-24 ANGELO J. PALLOTTO, JR.

Angelo J. Pallotto, Jr., represented by Timothy R. Smith, Esq., appeals the decision of Human Resource Information Services, which found that the City of Passaic had presented a sufficient basis to remove the appellant's name from the Police Officer (S9999D), City of Passaic, eligible list due to his criminal record, unsatisfactory driving record, unsatisfactory background report, and falsification of his employment application.

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

B-25 ANTHONY PASSARELLA

Anthony Passarella, represented by Robert R. Cannan, Esq., appeals the determination of the Division of Human Resource Information Services upholding the bypass of his name for appointment from the Police Sergeant (PM0941W) Township of Belleville eligible list.

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

B-26 ROBERTO PINTO

Roberto Pinto, represented by Anthony J. Fusco, Jr., Esq., appeals his removal from the eligible list for Police Officer (S9999B), City of Newark on the basis that he falsified his application.

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

B-27 YVONNE ROYAL

Yvonne Royal appeals the bypass of her name on the promotional list for Quality Assurance Technician (PS8182K), Department of Human Services.

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

B-28 AYESHEA TRAVIS

Ayeshea Travis 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 eligible list for Police Officer (S9999D), City of East Orange , on the basis of an unsatisfactory background.

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

B-29 JOYCE CORBIN

Joyce Corbin, a former Education Program Development Specialist 2 (Special Education), Department of Education (DOE), appeals the determination of the Commissioner, DOE, 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 this matter be returned to the Department of Education for further investigation.

B-30 DEBRA JOHNSON

Debra Johnson, a Legal Specialist with the Department of Health and Senior Services, appeals the determination of the Commissioner of Health and Senior Services, stating that there was probable cause to substantiate to a finding that the appellant violated 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-31 ANTHONY CRAWFORD

Anthony Crawford, a Building Maintenance Worker with Cumberland County , represented by Regina C. Hertzig, Esq., requests that the Merit System Board (Board) reinstate the appeal of his removal, effective May 8, 2002 , on charges, which was dismissed based on Crawford's failure to appear at his scheduled hearing on February 5, 2003 .

ACTION: The Merit System Board granted the request.

B-32 TONNEY WILLIAMS

Tonney Williams, a Custodial Worker with the Newark School District, requests that the Merit System Board reinstate the appeal of his removal, effective April 27, 2001, which was dismissed based on Williams' failure to appear at a scheduled settlement conference.

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

B-33 DEXTER CLIMESON

The appeal of Dexter Climeson, Senior Correction Officer, Juvenile Justice Commission, Department of Law and Public Safety, of his removal effective July 25, 2002 , on charges, was heard by Administrative Law Judge John Schuster, III (ALJ), who rendered his initial decision on December 30, 2003 . At its meeting on February 11, 2004 , the Merit System Board (Board) adopted the ALJ's Findings of Fact. However, the ALJ made no recommendation regarding the charges and penalty. Nevertheless, the Board, based on the ALJ's Findings of Fact, upheld the charges and removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-34 KEARY ALLEN

The appeal of Keary Allen, a Police Officer with the City of Newark , of his seven-day suspension, on charges, was heard by Administrative Law Judge Irene Jones (ALJ), who rendered her initial decision on January 21, 2004 . At its meeting on February 25, 2004 , the Merit System Board did not adopt the ALJ's recommendation to modify the seven-day suspension to a three-day suspension. Rather, the Board imposed an official written reprimand. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-35 MILDRED LIGHTFOOT

The appeal of Mildred Lightfoot, a Personnel Aide 1 at Ancora Psychiatric Hospital , Department of Human Services, of her resignation not in good standing effective January 29, 2002 , was heard by Administrative Law Judge John R. Futey (ALJ), who rendered his initial decision on January 14, 2004 , affirming the resignation not in good standing. At its meeting on February 25, 2004 , the Merit System Board modified the resignation not in good standing 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.

B-36 CHARLES MOTLEY

The appeal of Charles Motley, a Laborer with the City of Newark , of his removal effective March 17, 1999 , on charges, was heard by Administrative Law Judge Leslie Z. Celentano (ALJ), who rendered her initial decision on November 19, 2003 . At its meeting on February 25, 2004 , the Merit System Board adopted the ALJ's recommendation to reverse the removal. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the decision.

B-37 MAXSINE ALLEN AND VIVIAN STEVENSON

Maxsine Allen and Vivian Stevenson appeal the determination of the division of Selection Services which found that, per the substitution clause for education, that they did not meet the experience requirements for the promotional examination for Assistant Supervisor of Professional Residential Services, Developmental Disabilities (PS5950K), Vineland Developmental Center .

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

B-38 CATHY E. ARGESE

Cathy E. Argese 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 Executive Assistant (PC1296D), Middlesex County , Mental Health Services.

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

B-39 DANIELLE ATKINSON

Danielle Atkinson 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 Staff Clinical Psychologist 3, Mental Health Services (S6610D).

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

B-40 ABDEL AZIZ BADAWY

Abdel Aziz Badawy 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 Assessing Aide (M0291D), Jersey City .

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

B-41 MARK BILDER

Mark Bilder 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 Technical Support Specialist 1 (PS5785U), Department of the Treasury.

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

B-42 LORETTA A. BREWER ET AL.

Loretta A. Brewer, Barbara A. Elliott, and Teresa A. Magliocco appeal the decisions of the Division of Selection Services, which found that they did not meet the experience requirements for the promotional examination for Secretarial Assistant 3 Non-Stenographic (PS7674J), Rowan University .

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

B-43 ALAN CIESLIK

Alan Cieslik appeals the determination of the Division of Selection Services that found that he did not meet the experience requirements for the promotional examination for Assistant Engineer in Charge of Maintenance 2 (PS8547I), Northern State Prison.

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

B-44 TRACEY E. CLAYTON

Tracey E. Clayton appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Principal Account Clerk Typing (PC0148E), Ocean County .

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

B-45 JANET L. CONNER

Janet L. Conner appeals the decision of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Principal Clerk Typist (PS6776G), Environmental Protection.

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

B-46 BILLY DONNERSTAG

Billy Donnerstag appeals the determination of the Division of Selection Services that found that he did not meet the certification requirement for the Fire Prevention Specialist (M9177E), Vernon Township open competitive examination.

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

B-47 DIANE DURANT, ET AL.

Diane Durant, Jessie J. Johnson, Dennis A. Laux and Philip Quaschnik appeal the determinations of the Division of Selection Services, which found that they did not meet the education and/or experience requirements for the open competitive examination for Interviewer (S0134E), Department of Labor.

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

B-48 NORMA J. ELLIOTT

Norma J. Elliott appeals the decision 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 (PS6245I), Corrections.

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

B-49 JAMES FOSTER

James Foster 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 Chief Accountant (M6085D), City of Asbury Park .

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

B-50 GEORGE GORDON

George Gordon appeals the determination of the Division of Selection Services, which found that he did not submit the required transcript for the open competitive examination for Accountant (C0392E), Ocean County .

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

B-51 ERIN A. HENDRICKSON

Erin A. Hendrickson 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 (PS5880F), Department of Education.

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

B-52 DAPHNE HOLMAN

Daphne Holman 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 Therapy Program Assistant (PS5044K), Trenton Psychiatric Hospital .

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

B-53 VANESSA E. JACKSON

Vanessa e. Jackson appeals the decision of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Cottage Training Technician (PS6593K), Human Services.

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

B-54 DEBORAH LATCH AND BINITA NIAIL

Deborah Latch appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Human Services Specialist 2 (PC1884D), Camden County Board of Social Services. Binita Niail 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 Human Services Specialist 2, (PC1884D), Camden County Board of Social Services.

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

B-55 MEG-ANNE MCCARTHY

Meg-Anne McCarthy appeals the determination of the Division of Selection Services, which found that she was below the minimum requirements in education for the promotional examination for Public Health Nutritionist (PC1460D), Ocean County .

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

B-56 MASSIEL P. MEDINA

Massiel P. Medina 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 Principal Planner (C0478E), Morris County .

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

B-57 BENJAMIN MENDEZ

Benjamin Mendez 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 Network Administrator 1 (S6635E).

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

B-58 JOHANNA PARISIEN

Johanna Parisien 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 Paralegal Specialist (M0039D), Newark .

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

B-59 HEMLATA PATEL

Hemlata Patel appeals the determination of the Division of Selection Services, which found that she did not meet the educational requirements for the promotional examination for Microbiologist 5 (PS8101H), Department of Health and Senior Services.

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

B-60 JACQUELINE PAULISON

Jacqueline Paulison 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 Executive Assistant (PM1561D), Ringwood.

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

B-61 JORGE A. SALAS

Jorge A. Salas 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 Data Processing Input/Output Control Specialist 2 (S6645E).

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

B-62 KAMON SINGH

Kamon Singh appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examination for Assistant Superintendent of Weights & Measures (C6848E), Hudson County .

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

B-63 MARIO VISCARDI, III

Mario Viscardi III appeals the determination of the Division of Selection Services that found that he did not meet the certification requirement for the open competitive examination for Emergency Medical Technician (M9052E), Elizabeth.

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

B-64 GARY P. VAN MIERT

Gary P. Van Miert 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 Technician, Management Information Systems (M6117D), Jersey City School District .

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

B-65 OLEY LINKOUS

Oley Linkous appeals his score on the open competitive examination for Buyer (S4002C).

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

B-66 DONALD TONACHIO

Donald Tonachio, represented by Stephen B. Hunter, Esq., appeals his seniority score for the promotional examination for County Correction Sergeant (PC2598C), Ocean County .

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

B-67 RALPH TRAVELLIN

Ralph Travellin appeals his rank and score on the promotional examination for Financial Examiner 2 (PS2907L), Department of Banking and Insurance.

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

B-68 FRANK SANSONE

Frank Sansone request a make-up for the open competitive examination for Fire Fighter (M9999E), All Local Jurisdictions.

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

B-69 ROY MANFREDI AND CLIFFORD KUMPF

Roy Manfredi and Clifford Kumpf appeal the validity of the promotional examination for Police Lieutenant (PM2589D), Milltown.

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

B-70 KATHLEEN OGDEN

The Manager, Human Resources Management, Department of Health and Senior Services, requests that Kathleen Ogden's out-of-title work experience be accepted to qualify her for a lateral title change to the title of Technical Assistant, Personnel, Department of Health and Senior Services.

ACTION: The Merit System Board granted the request.

B-71 BARBARA CARMICHAEL, ET AL.

Barbara Carmichael, Richard Dale, Aaron Dowdy, Deanna Graiff, Kenneth Little, Shawn McGowan, Timothy Morris, Evadell Parker-Rogers, John Raube, Joseph Renzetti, Anthony Santiago and William Washington appeal the promotional examination for Correction Sergeant (PS5613I), Department of Corrections.

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

B-72 JOSEPH DOMICOLI

The Township of Belleville appeals the determination of the Director, Office of Intergovernmental Services, which denied its request for the transfer of Joseph Domicoli from Sheriff's Officer, Passaic County Sheriff's Department to Police Officer, Township of Belleville .

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

B-73 GREG COLLIER

The Director, Division of Human Resource Management, on behalf of the Mount Laurel Fire District #1, requests that the provisions of N.J.A.C. 4A:4-2.6(c) , eligibility for promotional examination, be relaxed to allow Greg Collier to be admitted to the promotional examination for the title of Battalion Fire Chief (PM3620E), Mount Laurel Fire District #1.

ACTION: The Merit System Board granted the request.

B-74 JOSEPH KLETT

Joseph Klett appeals the determination of his appointment date as Chief, Bureau of Archives and Records Preservation, Department of State.

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

B-75 FRANCIS GALLAGHER, ET AL.

Francis Gallagher, Robert Keily, Todd Kelly, Robert Brennan, John DeMarco, Paulo Santos, Jim Burns, Richard Meola and Jordan Alexiou, represented by Joseph S. Murphy, Esq., contend that Joseph Wright had knowledge of test content prior to taking the examination for Police Sergeant (PM2516C), Elizabeth.

ACTION: The Merit System Board granted a hearing.

B-76 WILLIAM STOCKTON

William Stockton appeals the decision of the Division of Selection Services concerning the correct answers to specific questions on the promotional examination for Principal Librarian (PM0907D), Newark .

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

B-77 DEAN SPANN

Dean Spann, represented by Eldridge Hawkins, Esq., and the East Orange Board of Fire Commissioners, represented by Tracey Hackett, Esq., petition the Merit System Board for reconsideration of its decision rendered on June 25, 2003 in which the request of Alberta Daniels, President of the Board of Fire Commissioners, to regularly appoint Dean Spann to the position of Deputy Fire Chief in East Orange from the expired promotional list for Deputy Fire Chief (PM0084T), East Orange was denied.

ACTION: The Merit System Board granted the request.

B-78 CORRECTION SERGEANT (PS5613I), DEPARTMENT OF CORRECTIONS

PBA Local 105 (PBA), represented by Colin M. Lynch, Esq., petitions the Merit System Board for a stay of the use of the eligible list pending its appeal to the Superior Court, Appellate Division of the decision rendered by the Board in In the Matter of Correction Sergeant (PS5613I), Department of Corrections, (MSB decided November 19, 2003).

ACTION: The Merit System Board denied the request.

B-79 MERIT SYSTEM BOARD MINUTES

The minutes of the Merit System Board meeting of February 25, 2004 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of February 25, 2004 .

B-80 PARKER FLORESAND ANGELINE GRAHAM

Parker Flores and Angeline Graham appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for the promotional examination for Assistant Supervisor of Resident Living, Developmental Disabilities (PS65591K), New Lisbon Developmental Center .

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

B-81 EARLY SETTLEMENTS

Christopher Burke
County of Burlington
County Jail
Suspension

Andrea Endrzejewski
Department of Labor
Removal

Gena M. Polo
Department of Environmental Protection
Release at the end of the working test period

Diane Sebastian
Department of Community Affairs
Discrimination appeal

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, March 24, 2004 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

______________________________

IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD

 
 
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