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

 

  MARCH 24, 2004 *******************************************************************

A regular meeting of the Merit System Board was held on Wednesday, March 24, 2004, in Trenton, New Jersey. PRESENT: Chairwoman Ida L. Castro, Merit System Board Members, Margaret E. L. Howard and Robert J. Long; Elizabeth Laufer, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations. In accordance with L.1975, c.231, Chairwoman Ida L. Castro opened the meeting with the following statement: Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on December 11, 2003, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the hearing calendar:

Grace Levesque, Sheriff’s Officer, Sheriff’s Department, County of Salem, removal.

William Mason, Supervising Program Specialist, Substance Abuse/AIDS, County of Monmouth, two suspensions.

Camille Murray, Cottage Training Technician, Woodbine Developmental Center, Department of Human Services, indefinite suspension.

Okechukwu Onuzulike, Family Service Specialist Trainee, Division of Youth and Family Services, Department of Human Services, release at the end of the working test period.

Anthony Sidoti, Supervising Maintenance Repairer, North Bergen Utilities Authority, removal.

Rahim Wadood, Senior Computer Operator, Newark School District, removal.


DISMISSAL OF APPEALS - FAILURE TO APPEAR

The Merit System Board dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:

William Able, Custodial Worker, Newark School District, suspension.

Violet Simmons-Berry, Security Guard, Newark School District, resignation not in good standing.

Dorian Cooper, Security Guard, Newark Housing Authority, suspension.

Bobby Harris Jr., Senior Food Service Worker, 12 months, Vineland Developmental Center, Department of Human Services, release at the end of the working test period.

Willie Seabrooks, Juvenile Detention Officer, Department of Youth Services, County of Passaic, removal.

Melvin Smith, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal.

Kashaida Tomlin, Human Services Assistant, Vineland Developmental Center, Department of Human Services, suspension.


SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Troy Mickens
East Jersey State Prison
Department of Corrections
Removal

In the Matter of Anthony Pandorf
County of Gloucester
Buildings and Ground
Demotion

In the Matter of Michael Piro
Borough of South Plainfield
Department of Public Safety
Removal

In the Matter of Talia Ray-Reed
Department of Corrections
Suspension and Removal

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

ACTION: The Merit System Board acknowledged the settlements.


A-2 BRIAN BARROQUEIRO

Brian Barroqueiro, Police Officer, City of Newark, Police Department, 40-day suspension on charges of violation of Police Department rules regarding criminal law, neglect of duty and disobedience of orders.

Recommendation of the Administrative Law Judge - Uphold the 40-day suspension.

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

A-3 ANNIE BELIN (REMAND)

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

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

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

A-4 DAVID BUCHERER

David Bucherer, Senior Correction Officer, Adult Diagnostic and treatment Center, Department of Correction, 30-day suspension on the charge of sleeping while on duty.

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-5 TRUMAN S. P. GORDON, 1ST

Truman S. P. Gordon, 1st, Senior Correction Officer, Garden State Correctional Facility, Department of Corrections, 30-day and 60-day suspensions on charges of other sufficient cause, specifically, performance and sleeping while on duty.

Recommendation of the Administrative Law Judge - Uphold the 30 and 60-working day suspensions.

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

A-6 JANICE SHEWAN

Janice Shewan, Police Officer, Township of Marlboro, Department of Public Safety, ten-day suspension on charges of misuse of public property, and other sufficient cause.

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

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

A-7 HEATHER GRIFFTH

Heather Griffith, Social Work Supervisor 2, Bayside State Prison, Department of Corrections, ten-day suspension on charges of discrimination that affects equal employment opportunity including sexual harassment, racial and/or sexual harassment, discrimination and/or retaliation, conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Modify the ten-day suspension to a written warning with sensitivity training.

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a five-day suspension and sensitivity training.


A-8 FRANKLIN FRIERSON

Franklin Frierson, Custodial Worker, Newark School District, removal effective April 5, 2001, on charges of conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-9 CHERYL KOSCIUK

Cheryl Kosciuk, Senior Correction Officer, Edna Mahan Correctional Facility for Women, Department of Corrections, 1) 30-day suspension on charges of violation of department rules regarding performance, neglect of duty, and loafing, idleness or willful failure to devote attention to tasks which could result in danger to persons or property, and 2) 15-day suspension and two removals effective December 31, 2001, on charges of violation of department rules regarding attendance and unexcused lateness of 15 minutes or more.

Recommendation of the Administrative Law Judge - Uphold the 30-day suspension and reverse the 15-day suspension and the two removals.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge and awarded partial counsel fees.

A-10 FLEMICA PYGUM

Flemica Pygum, Human Services Assistant, Hunterdon Developmental Center, Department of Human Services, removal effective June 15, 2002, on the charge of physical abuse of a client.

Recommendation of the Administrative Law Judge - Reverse the removal.

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


A-11 VICTOR RAMOS

Victor Ramos, Police Officer, County of Essex, removal effective May 31, 2002, on charges of incompetency, inefficiency or failure to perform duties, responsibility to protect life and property, duty responsibilities, conduct toward the public and neglect of duty.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

The matter of Diane Sanders was heard at the conclusion of the agenda and 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-12 Diane Sanders. The Board subsequently reconvened the public meeting for a vote on this matter.

A-12 DIANE SANDERS

Diane Sanders, Human Services Technician, Trenton Psychiatric Hospital, Department of Human Services, removal effective May 3, 2002, on charges of physical or mental abuse of a patient, client, resident or employee and neglect of duty, loafing, idleness or willful failure to devote attention to tasks which could result in danger to persons or property.

Recommendation of the Administrative Law Judge - Reverse the removal.

ACTION: The Merit System Board modified the removal to a three-day suspension.


A-13 BOYETTE MCSWAIN

Boyette McSwain, Senior Juvenile Detention Officer, County of Essex, Department of Citizen Services, removal effective April 13, 1999, on charges of conduct unbecoming a public employee, other sufficient cause, discourteous and abusive treatment of detainee, serious breach of discipline, disorderly conduct, willful violation of rules, regulations and policies and procedures.

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

Recommendation of the Administrative Law Judge - Uphold the removal.

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

SECTION B - MISCELLANEOUS MATTERS

B-1 THOMAS DELLICKER

Thomas Dellicker appeals his rejection as a Police Officer candidate by the Township of Byram and its request to remove his name from the eligible list for Police 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 granted.

B-2 RAYMOND STABILE

Raymond Stabile, represented by William D. Sayers, Esq., 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 (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-3 JOHN R. TRIVIGNO, JR.

John R. Trivigno, Jr., represented by John D. Coronato, Esq., appeals his rejection as a County Corrections Officer candidate by the County of Ocean and its request to remove his name from the eligible list for County Corrections 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-4 LISA YARBROUGH

Lisa Yarbrough 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 (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 LAURA ANDREWS

Laura Andrews, a Head Clerk with the Division of Youth and Family Services, 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-6 JOANNE BOURNE

Joanne Bourne, a Technical Assistant 2 (Treasury) with the Department of the Treasury, appeals the denial of sick leave injury (SLI) benefits.

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

B-7 MARCIA DELUCCA-SHINN

Marcia DeLucca-Shinn, a Family Service Specialist 2 with the Division of Youth and Family Services, 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-8 FRANCES DURST

Frances Durst, a Practical Nurse with 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 granted.

B-9 MARK GERVASIO

Mark Gervasio, a Crew Supervisor, Building Maintenance Programs, with the Department of the Treasury, represented by Richard B. Rubenstein, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-10 ALAN MACHBITZ

Alan Machbitz, a Program Development Specialist 1 (Youth and Family Services), with the Division of Youth and Family Services, 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-11 MIRTA MORALES

Mirta Morales, a Principal Clerk Typist - Bilingual in Spanish and English 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-12 PATRICIA BARBER

Patricia Barber, a County Correction Sergeant with Mercer County, represented by Kristofer B. Chiesa, Esq., appeals the removal of her name from the special reemployment list for County Correction Lieutenant, Mercer County.

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


B-13 JOSEPH HOPKINS

Joseph Hopkins appeals the decision of Human Resource Information Services which removed his name from the eligible list for County Correction Officer (S9999D), Camden County, due to the appellant’s failure to appear for his interview.

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

B-14 CYNTHIA KOWALSKI

Cynthia Kowalski appeals the decision of the Division 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 Sheriff’s Officer (S9999D), Hudson County, on the basis of an unsatisfactory criminal record and driving record.

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

B-15 ROBERT P. LAMB

Robert P. Lamb appeals the bypass of his name for appointment from the Police Sergeant (PM2592D), Borough of Lavallette eligible list.

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

B-16 MICHEL MANCINI

Michel Mancini appeals the decision of Human Resource Information Services which removed her name from the eligible list for County
Correction Officer (S9999D), Camden County, based on her failure to meet the residency requirements.

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

B-17 JOHN J. MANGANO

John J. Mangano 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 County Correction Officer (S9999D), Atlantic County, eligible list due to his failure to complete preemployment processing.

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

B-18 DANIEL L. MEEKS

Daniel L. Meeks appeals the decision of Human Resource Information Services which upheld the removal of his name from the Fire Fighter (M2020A), City of Clifton, eligible list due to his failure to file a timely appeal.

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

B-19 JOHN ORTIZ

John Ortiz appeals the decision of Human Resource Information Services (HRIS) which found that the appointing authority had presented a sufficient basis to remove his name from the County Correction Officer (S9999D), Atlantic County eligible list, due to his failure to complete the preemployment process.

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

B-20 DAPHNE TURNER

Daphne Turner appeals the bypass of her name for appointment from the Principal Procedures Analyst (S6506C), Department of Corrections eligible list.

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

B-21 MARJORI WILLIAMS-MCCLOUD

Marjori Williams-McCloud, an Auditor 3 with the Division of State Police, Department of Law and Public Safety, appeals the determination of the Division of Human Resource Information Services (HRIS) which upheld the removal of her name from the Auditor 2 (S6509C) eligible list on the basis that she failed to respond to the certification.

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


B-22 SALVATORE MAGGIO

Salvatore Maggio, a former Captain with the Division of State Police, Department of Law and Public Safety (DL&PS), appeals the determination of DL&PS’ Deputy Chief of Staff, stating that there was probable cause to substantiate a finding that he 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 granted.

B-23 ANGELA SUBBE

Angela Subbe, a Cottage Training Supervisor at Hunterdon Developmental Center, Department of Human Services (DHS), represented by Robert O. Yaeger, Principal Staff Representative, CWA Local 1040, appeals the determination of the Assistant Commissioner for Human Resources, stating that the appellant had failed to present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment, or Hostile Environments in the Workplace.

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

B-24 SALMAN YUSUFF

Salman Yusuff, a Chaplain at the South Woods State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division, of the DOC, Stating that the appellant had failed to present sufficient evidence to support a finding that he had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination, Harassment, or Hostile Environments in the Workplace.

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

B-25 SYBIL FINNEY

Sybil Finney, a former Judiciary Clerk 2 with the Judiciary, Vicinage 8, Middlesex County, appeals the decision of the ADA Coordinator denying her request for a reasonable accommodation.

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

B-26 JAMES O’DONNELL

James O’Donnell, a Family Service Specialist 1 with the Division of Youth and Family Services, Department of Human Services, appeals the decision of the Assistant Commissioner for Human Resources denying his request for a reasonable accommodation.

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

B-27 CODE ENFORCEMENT OFFICER TRAINEE (M6539C), MIDDLE TOWNSHIP

Middle Township petitions the Merit System Board for reconsideration of the final administrative decision rendered on January 7, 2004, concerning its request for an appointment waiver from the certification for Code Enforcement Officer Trainee (M6539C), Middle Township.

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

B-28 SUPERVISING ADMINISTRATIVE ANALYST (M3016D), CITY OF CAMDEN

The appointing authority requests permission not to make an appointment from the certification for Supervising Administrative Analyst (M3016D), City of Camden.

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

B-29 SUPERVISING ADMINISTRATIVE ANALYST (PM0290D), CITY OF CAMDEN

The appointing authority requests permission not to make an appointment from the certification for Supervising Administrative Analyst (PM0290D), City of Camden.

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


B-30 MARY KEATING

Mary Keating, an Executive Assistant 3 with the Department of Health and Senior Services, petitions the Merit System Board for review of her vacation leave entitlement as a result of the Board decision, rendered on June 25, 2003, which granted her sick leave injury (SLI) benefits from October 23, 2002 through December 31, 2002.

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

B-31 EDWARD S. PERICOLOSO

Edward S. Pericoloso requests restoration of prior State service in order for his personnel record to reflect continuous service for vacation leave purposes.

ACTION: The Merit System Board denied the request.

B-32 DAVID MARTINEZ

The appeal of David Martinez, a Police Officer with the City of Jersey City, of his removal effective June 3, 2002, on charges, was heard by Administrative Law Judge Mumtaz Bari-Brown (ALJ), who rendered her initial decision on October 27, 2003. At its meeting on January 7, 2004, the Merit System Board (Board) did not adopt the ALJ’s recommendation to uphold the removal. Rather, the Board dismissed the charges and reversed the removal. Further, the Board ordered that the appellant be reinstated to employment, subject to a return to work drug test, and that he be subjected to random monthly drug testing for a period of one year. Further, at its meeting on March 10, 2004, the Board reviewed this matter and affirmed its prior decision. The proposed decision is now submitted for the Board’s review.

ACTION: The Merit System Board adopted the decision.

B-33 GARY THACKER

The appeal of Gary Thacker, a Communications Manager with the City of Trenton, of his removal effective July 3, 2002, on charges, was heard by Administrative Law Judge Douglas H. Hurd (ALJ), who rendered his initial decision on February 4, 2004. At its meeting on March 10, 2004, the Merit System Board (Board) did not adopt the ALJ’s recommendation to reverse the removal. Rather, the Board dismissed the appeal for lack of jurisdiction. The proposed final decision is now submitted for the Board’s review.

ACTION: The Merit System Board adopted the decision.

B-34 JAMES WATSON

The appeal of James Watson, a Police Officer with the City of Newark, of his 25-day suspension on charges, was heard by Administrative Law Judge Sandra Ann Robinson (ALJ), who rendered her initial decision on January 23, 2004, modifying the penalty to a 15-day suspension. At its meeting on March 10, 2004, the Merit System Board (Board) upheld the appellant’s 25-day suspension. The proposed final decision is now submitted for the Board’s review.

ACTION: The Merit System Board adopted the final decision.

B-35 VADIE WRIGHT

The appeal of Vadie Wright, an Occupational Safety Consultant 1 with the Department of Labor (DOL), of her removal effective March 8, 2002 on charges, was before Administrative Law Judge Joseph Martone (ALJ), who rendered his initial decision on January 5, 2004 recommending that a settlement between the parties be acknowledged. At its meeting on March 10, 2004, the Merit System Board (Board) remanded the matter 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-36 JASON AREMAN

Jason Areman appeals the determination of the Division of Selection Services that found he lacks the experience requirements for the open-competitive examination for Media Technician 3 (S6637E), Statewide.

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

B-37 LORRAINE BRUNO AND MARYANN MARAZZO

Lorraine Bruno and Maryann Marazzo appeal the decisions of the Division of Selection Services which found that, per the substitution clause for education, they did not meet the experience requirements for the promotional examination for Administrative Analyst 2 (PS5903Q), Office of the Public Defender.

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

B-38 CARMEN COLLAZO

Carmen Collazo appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for Administrative Assistant 2 (PS6045L), Banking and Insurance.

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

B-39 ARITZA DONES, ET AL.

Aritza Dones, Jeffrey Filippo, Emily Mohabeer, George Punnoose, and Adriane Wall-Newlin 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 Investigator (S0209E), The Judiciary.

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

B-40 ELMORE GAINES

Elmore Gaines appeals the determination of the Division of Section Services which found that he did not meet the experience requirements for the open competitive examination for Senior Code Enforcement Officer (M6263B), City of Newark.

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

B-41 MARCO GARCIA

Marco Garcia appeals the determinations of the Division of Selection Services that found that he did not meet the experience requirements for the open-competitive examinations for Computer Service Technician (C0297D), Passaic County and (M0260D), Montville Township.

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

B-42 CRAIG HERTENSTEIN

Craig Hertenstein 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 Senior Repairer (S6640E).

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

B-43 JASON HOOPER AND VANESSA HUNTER-SILVERMAN

Jason Hopper and Vanessa Hunter-Silverman appeal the determination of the Division of Selection Services which found that they were ineligible for the open competitive examination for Employment Counselor Trainee (S0225E), Department of Labor because they did not include the required transcript with their applications.

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

B-44 JOSEPH MCDOUGAL

Joseph McDougal 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 Administrative Analyst 2 (PS6043L), Department of Banking and Insurance.

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

B-45 DONALD PIDCOCK

Donald Pidcock 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 Telecommunications Systems Analyst 2 (PS6532I), Department of Corrections.

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

B-46 ABBAS S. SADIQ AND JAMES BOLDEN

Abbas S. Sadiq and James Bolden 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 Legislative Specialist (M6430E), Jersey City.

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

B-47 ROBERT SPINA

Robert Spina 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 Communications Systems Technician 2 (PS6138K), Vineland Developmental Center.

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

B-48 KURT STUMBAUGH

Kurt Stumbaugh appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in education for the open competitive examination for Insurance Examiner Trainee (S0084D), Department of Baking and Insurance.

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

B-49 GARY P. VAN MEIRT

Gary P. Van Meirt 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 Graphic Artist 1 (M6031E), Jersey City.

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

B-50 ROBERT WEBER

Robert Weber 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 Superintendent of Institutional Grounds (S6648E).

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

B-51 MARTHA JOHNSON

Martha Johnson appeals her score on the promotional examination for Principal Claims Reviewer (PS4539H), Department of Health and Senior Services.

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

B-52 NICHOLAS TRINCELLITA

Nicholas Trincellita appeals his score for the physical performance portion of the Fire Fighter (M9999E) examination.

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

B-53 PAMELA WARREN

Pamela Warren appeals her score on the promotional examination for Senior Clerk Transcriber (PC0388C), Atlantic County.

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

B-54 MICHAEL BERGBAUER AND ALFRED SOTO

Mateo Perez, Esq., on behalf of Union City, requests that the provisions N.J.A.C. 4A:4-7.1A(c) be relaxed in order to process the Intergovernmental Transfer of Michael Bergbauer and Alfred Soto from the title of Sheriff’s Officer, Hudson County, to the title of Police Officer, Union City.

ACTION: The Merit System Board granted the request.

B-55 NILESH BHAVSAR, ET AL.

Nilesh Bhavsar, Rajendra Desai, Emma Gusovskaya, Charles Isiadinso, Beviekeri Laxmana, Ashok Patel, Ramesh Patel, Kamalavathan Ravishankar, and Dinesh Shah appeal the validity of the promotional examinations for Senior Engineer Transportation (PS7024T) and (PS7007T), Department of Transportation.

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

B-56 MICHAEL LONERGAN AND SCOTT NASS

Michael Lonergan and Scott Nass appeal the determination of the Division of Selection Services which denied their requests for a make-up examination for County Correction Sergeant (PC2530E), Union County.

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


B-57 TRACY TOTH

The former Director, Division of Human Resources, Department of Environmental Protection, on behalf of Tracy Toth, requests that Ms. Toth’s out-of-title work experience be accepted to qualify her for a prospective promotional examination for the title of Management and Operations Analyst 2, Department of Environmental Protection.

ACTION: The Merit System Board denied the request.

B-58 KAREN WARD

The former Director, Division of Human Resources, Department of Environmental Protection, on behalf of Karen Ward, requests that Ms. Ward’s out-of-title work experience be accepted to qualify her for a promotional examination for the title of Management and Operations Analyst 1 (PS4104G), Department of Environmental Protection.

ACTION: The Merit System Board denied the request.

B-59 KATHLEEN WOOD

Kathleen Wood appeals the decision of the Division of Human Resource Management that her position is properly classified as Personnel Assistant 1.

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

VOTE: Ida L. Castro (Abstained)
Margaret E. L. Howard (Yes)
Robert J. Long (Yes)

B-60 FRANK CALABRESE

Frank Calabrese, represented by Sidney H. Lehmann, Esq., requests reconsideration of the final administrative determination in In the Matter of Michael Devine, et al., Police Sergeant and County Police Sergeant (Decided July 17, 2002).

ACTION: The Merit System Board denied the request.

B-61 DANNY FERRELL

Danny Ferrell petitions the Merit System Board for reconsideration of the decision rendered on April 23, 2003 which found that, per the substitution clause for education, he was below the minimum requirements in experience for the promotional examination for Senior Training Technician (PS3237K), New Lisbon Developmental Center.

ACTION: The Merit System Board granted the request.

B-62 ROBERT HOWARD

Robert Howard petitions the Merit System Board (Board) for reconsideration of the final administrative decision, rendered on September 3, 2003, in which the Board denied his eligibility appeal.

ACTION: The Merit System Board denied the request.

B-63 CARMINE RUSSO

Carmine Russo, represented by Alan L. Zegas, Esq., requests reconsideration of the Merit System Board’s September 25, 2002 decision denying his eligibility for the examination for Deputy Police Chief (PM4020C), Newark.

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

B-64 RECENT COURT DECISIONS

Submitted for the Board’s review are copies of decisions as follows: Norman Joseph Hart v. County of Camden (decided January 2, 2004); In the Matter of Dina Melani (decided January 15, 2004); In the Matter of German Naranjo (decided January 23, 2004); Cheryl Ennals v. South woods State Prison, New Jersey Department of Corrections (decided January 30, 2004). Brief summaries of the cases are provided.

ACTION: The Merit System Board noted the decisions.

B-65 MERIT SYSTEM BOARD MINUTES

The minutes of the Merit System Board meeting of March 10, 2004 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of March 10, 2004.

B-66 JOHN FARNSWORTH

The appeals of John Farnsworth, a Senior Geologist with the Department of Environmental protection, of his ten-day suspension, 15-day suspension and removal effective December 15, 2000 on charges, were heard by Administrative Law Judge Edgar R. Holmes (ALJ), who rendered his initial decision on November 21, 2003. At its meeting on March 10, 2004, the Board adopted the ALJ’s recommendation to uphold the ten-day suspension, 15-day suspension and removal. The proposed final decision is now submitted for the Board’s review.

ACTION: The Merit System Board adopted the final decision.

B-67 PATRICIA WEST

The appeals of Patricia West, a County Correction Officer with the County of Hudson Department of Corrections, of her fines in the amounts of $688.74 and $1,147.90, her 30-day suspension and her removal effective November 8, 2001, on charges was heard by Administrative Law Judge Sandra Ann Robinson (ALJ), who rendered her initial decision on December 18, 2003. At its meeting on March 10, 2004, the Merit System Board adopted the ALJ’s recommendation to uphold the fines, the 30-day suspension and removal. The proposed final decision is now submitted for the Board’s review.

ACTION: The Merit System Board adopted the final decision.


B-68 LAYOFF AND DEMOTION IN LIEU OF LAYOFF OF COUNTY CORRECTION OFFICERS, ET AL., COUNTY OF ESSEX

The Fraternal Order of Police, Essex County Public Safety Lodge No. 71, represented by Kenneth Hawkins, Lodge President, petitions the Merit System Board for a stay of the layoff of employees in the title of County Correction Officer and the layoff or demotion in lieu of layoff of employees in the titles of County Correction Officer/Institutional Trade Instructor and Cook/County Correction Officer employed by the County of Essex. Additionally, the Police Benevolent Association Local 157, represented by William D. Sayers, Esq., petitions the Merit System Board for a stay of the layoff of employees in the title of County Correction Officer and the demotion in lieu of layoff of employees in the titles of County Correction Officer/Institutional Trade Instructor and Investigator, Secured Facilities, employed by the County of Essex.

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

B-69 EARLY SETTLEMENTS

Robert Bund
East Jersey State Prison
Department of Corrections
Suspension

John Reed
Judiciary Passaic Vicinage
Suspensions
Kenneth Reed
Juvenile Justice Commission
Suspension

Angie Reid
Trenton Psychiatric Hospital
Department of Human Services
Release at the end of the working test period

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, April 7, 2004 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

______________________________
IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD

 

 
 
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