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

Ida L. Castro, Chairwoman
Flavella Branham
Robert J. Long

MAY 5, 2004

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A regular meeting of the Merit System Board was held on Wednesday, May 5, 2004 , in Trenton , New Jersey .

PRESENT: Chairwoman Ida L. Castro, Merit System Board Members, Flavella Branham and Robert J. Long; Lisa Ruch, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.

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

Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on 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):

Nancy Schiavone appointed as a Confidential Assistant, Department of Environmental Protection, effective March 20, 2004, salary of $72,500.00 per annum.

WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the hearing calendar:

Robert Dickerson, Police Officer, Department of Public Safety, City of Burlington , suspension and pay loss equal to $1,038 annually.

Daniel Kuhn, Police Officer, Police Department, Point Pleasant Borough, release at the end of the working test period.

Jason Lukaszewski, Senior Correction Officer, East Jersey State Prison, Department of Corrections, suspension.

William Ryniak, Senior Parole Officer, State Parole Board, removal.

Kenneth Wallis, Custodial Worker, Brick Township School District , release at the end of the working test period.

Eric Warren, County Correction Officer, County Jail , County of Burlington , 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:

Irma Chandler, Claims Adjudicator Trainee, Disability Determinations, Department of Labor, release at the end of the working test period.

Lisa Easley, Correction Sergeant, Northern State Prison, Department of Corrections, two discrimination cases.

Eric Ferrer, Sheriff's Office, County of Salem , removal.

Willie McNeil, County Correction Officer, County Jail , County of Burlington , suspension.

Marie Thompson, Institutional Attendant, Preakness Hospital , County of Passaic , suspension.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of James Davis
City of Atlantic City
Department of Public Works
Removal

In the Matter of Maria Faith
Greystone Park Hospital
Department of Human Services
Removals (2)

In the Matter of Robert Gordon
County of Morris
Morris View Nursing Home
Suspensions (2)

In the Matter of Jeffrey Hammell
Township of Florence
Department of Water and Sewer
Removal

In the Matter of Raymond Howard, Jr.
City of Salem
Department of Public Works
Suspension

In the Matter of Michael Laurio
Bergen County Board of Social Services
Suspension

In the Matter of Ismael Molina
City of Newark
Police Department
Removal

In the Matter of Brian Pajor
County of Monmouth
Department of Traffic Safety Engineering
Indefinite suspension

In the Matter of Vincent Przybycin, Jr.
County of Burlington
Department of Highway
Suspension

In the Matter of Youletta Rainey and Kevin Lassiter
City of Newark
Police Department
Suspensions

In the Matter of Joanne Saunders
North Jersey Developmental Center
Department of Human Services
Removal
In the Matter of Ronald Torsiello
Mountainview Youth Correctional Facility
Department of Corrections
Suspension

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

ACTION: The Merit System Board acknowledged the settlements with the exception of Robert Gordon, which was held over.

A-2 GRACE DONALDSON

Grace Donaldson, Human Services Assistant, New Jersey Veterans' Memorial Home at Vineland , ten-day suspension, on the charge of verbal abuse of a patient, client, resident, or employee.

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

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

A-3 CHESTER SOLOWIEJ

Chester Solowiej, Police Officer, City of Newark , Police Department, ten-day suspension (held in abeyance for one year probation period) on charges of violations of Police Department rules regarding neglect of duty and, obedience to orders.

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

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

A-4 NAFAEESA WILLIAMS

Nafaeesa Williams, County Correction Officer, County of Burlington, County Jail, ten-day suspension on charges of neglect of duty, and violation of County policy and procedure of attendance verification.

Recommendation of the Administrative Law Judge - Sustain the charge of violation of County policy and procedures, but reverse the ten-day suspension.

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

A-5 THOMAS CURTIS

Thomas Curtis, Sheriff's Officer, County of Hudson, Sheriff's Department, removal effective October 26, 2001, on charges of sleeping on duty, reporting for duty, possession and use of drugs, failure to call or late call for illness and abuse of sick leave.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-6 FRANK HOFFMAN

Frank Hoffman, Correction Sergeant, County of Hudson, Department of Public Safety, removal effective March 23, 2001, on charges of conduct unbecoming a public employee and neglect of duty.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-7 LETITIA MARTIN

Letitia Martin, Audit Account Clerk, Division of Revenue, Department of Treasury, removal effective July 8, 2002, on charges of insubordination, conduct unbecoming a public employee, theft, and violation of public trust.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-8 HANEEF MU'MIN

Haneef Mu'Min, Storekeeper 2, East Jersey State Prison, Department of Corrections, removal effective November 28, 2001, on the charge of violation of rules regarding safety and precautions, improper or unauthorized contact with inmate, undue familiarity with inmates, parolees, their families, or friends, performance and incompetency or inefficiency.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-9 ANTHONY TORTORELLA

Anthony Tortorella, Police Officer, City of Orange, Police Department, removal effective May 31, 2002, on the charge of violation of Police Department rules regarding truthfulness.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-10 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. This matter was previously presented to the Merit System Board at its regular meeting of March 24, 2004 .

Recommendation of the Administrative Law Judge - Uphold the removal.

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

SECTION B - MISCELLANOUS MATTERS

B-1 BRIAN P. KLEMAN

Brian P. Kleman, represented by David B. Beckett, Esq., appeals his rejection as a Fire Fighter candidate by the City of Jersey City and its request to remove his name from the eligible list for Fire Fighter (M2054A) on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-2 EDWARD PAUL

Edward Paul appeals his rejection as an Emergency Medical Technician by the Township of Pennsauken and its request to remove his name from the eligible list for Emergency Medical Technician (M9397A) 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-3 LAWRENCE BENYON

Lawrence Benyon, an Engineer in Charge of Maintenance with the Juvenile Justice Commission, appeals the denial of sick leave injury (SLI) benefits.

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

B-4 KATHY DIXON

Kathy Dixon, a Senior Correction Officer with the Adult Diagnostic and Treatment Center , Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-5 PATRICE HARRIS

Pat rice Harris, a Supervising 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 granted.

B-6 ELLEN LEWIS

Ellen Lewis, a Court Services Supervisor with Administrative Office of the Courts, appeals the denial of sick leave injury (SLI) benefits.

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

B-7 STEPHEN LOWE

Stephen Lowe, a Senior Medical Security Officer at Ann Klein Forensic Center , Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-8 PATRICIA BROWN

Pat ricia Brown appeals the determination of the Division of Human Resource Management, which removed her name from the promotional list for Technician, Management Information Systems (PS1685T), Department of Transportation.

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

B-9 HAROLD C. COHRS

Harold C. Cohrs, represented by Bruce D. Leder, Esq., appeals the decision of the Division of Human Resource Information Services (HRIS), which upheld the removal of the appellant's name from the Police Officer (S9999D), Jackson Township eligible list due to an unsatisfactory criminal record and falsification of his pre-employment application.

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

B-10 AGNES EDMONDSON

The Motor Vehicle Commission appeals the decision of Human Resource Information Services, which returned Agnes Edmondson's name to the special reemployment list for Customer Service Representative 3, Department of Transportation.

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

B-11 MARTHA ENRIQUEZ-FLORES

The Motor Vehicle Commission appeals the decision of Human Resource Information Services, which returned Martha Enriquez-Flores' name to the special reemployment list for Customer Service Representative 4, Department of Transportation.

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

B-12 GLORIA GUEVARA

The Motor Vehicle Commission appeals the decision of Human Resource Information Services, which returned Gloria Guevara's name to the special reemployment list for Customer Service Representative 3, Department of Transportation.

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

B-13 FRANKIE JAMES

Frankie James, a Correction Sergeant with the Department of Corrections, appeals the decision of Human Resource Information Services, which upheld the removal of his name from the list for Correction Lieutenant (PS6320I), based on his unsatisfactory employment record.

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

B-14 SUZETTE PEYTON

Suzette Peyton appeals the decision of Human Resource Information Services (HRIS) which removed her name from the eligible list for County Correction Officer (S9999D), Essex County , due to the appellant's failure to appear at her interview.

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

B-15 GLENN V. SMITH

Glenn V. Smith appeals from the determination of the Division of Human Resource Information Services (HRIS) which upheld his removal from the special reemployment list for Bridge Operator, Department of Transportation (DOT), on the basis of his failure to respond to the certification notice.

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

B-16 MARK A. TLUMACKI, JR.

Mark A. Tlumacki, Jr., appeals the decision of Human Resource Information Services (HRIS) which removed his name from the eligible list for County Correction Officer (S9999D), Hunterdon County , due to the appellant's failure to complete the pre-employment process.

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

B-17 ACCOUNTANT (M0353D), CITY OF JERSEY CITY

The appointing authority requests permission not to make an appointment from the certification for Accountant (M0353D), City of Jersey City .

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

B-18 ADMINISTRATIVE ANALYST (C6457C), PASSAIC COUNTY

The County of Passaic request reconsideration of the decision rendered on August 12, 2003 by the Merit System Board in In the Matter of Administrative Analyst (C6457C), Passaic County , which ordered it to immediately remove the provisional incumbent Robert Graham and to properly dispose of the April 18, 2002 certification within 30 days.

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

B-19 BUILDING MAINTENANCE INSPECTOR (PM0481D), JERSEY CITY SCHOOL DISTRICT .

The appointing authority requests permission not to make an appointment from the certification for Building Maintenance Inspector (PM0481D), Jersey City School District .

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

B-20 CHIEF ADMINSITRATIVE SERVICES (M0120D), JERSEY CITY SCHOOL DISTRICT .

The appointing authority requests permission not to make an appointment from the certification for Chief, Administrative Services (M0120D), Jersey City School District .

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

B-21 OPERATIONS AND TRAINING OFFICER, EMERGENCY MANAGEMENT (M6822D), CITY OF JERSEY CITY

The appointing authority requests permission not to make an appointment from the certification for Operations and Training Officer, Emergency Management (M6822D), City of Jersey City .

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

B-22 TRAINING TECHNICAIN (M0163D), JERSEY CITY SCHOOL DISTRICT

The appointing authority requests permission not to make an appointment from the certification for Training Technician (M0163D), Jersey City School District .

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

B-23 JOHN RAUBE

John Raube, a Senior Correction Officer at Bayside State Prison, Department of Corrections (DOC), appeals the determination of the Assistant Director, Equal Employment Division (EED), with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-24 WILLIAM RUNION

William Runion, a Senior Correction Officer at South Woods State Prison, Department of Corrections (DOC), appeals the determination of the Assistant Director, Equal Employment Division (EED), with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-25 MANUEL A. OLIVEIRA

The Superior Court of New Jersey, Appellate Division, has remanded the matter of the removal of Manuel A Oliveira from his Senior Correction Officer position to the Merit System Board for reevaluation of the penalty.

ACTION: The Merit System Board directed that this matter be remanded to the Office of Administrative Law for further proceedings.

B-26 DONNA HUGHES

Donna Hughes, a Judiciary Account Clerk 2 with the Judiciary, Vicinage 7, Mercer County, represented by Lawrence E. Popp, Esq., petitions the Merit System Board for interim relief of her 60-day suspension and resignation not in good standing, effective December 27, 1999.

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

B-27 JEFFREY IANNACONE

Jeffrey Iannacone, a Sheriff's Officer with the Passaic County Sheriff's Office, represented by Robert Sabattis, Esq., petitions the Merit System Board for reconsideration of the final administrative determination, rendered August 12, 2003 , which sustained the removal of his name from the Sheriff's Officer (S9999A), County of Passaic eligible list on the basis of an unsatisfactory background report.

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

B-28 JOSE DASILVA

The appeal of Jose DaSilva, a Police Officer with the City of Newark , of his removal effective October 22, 1999 on charges, was heard by Administrative Law Judge Jeffrey A. Gerson (ALJ), who rendered his initial decision on October 31, 2003 , upholding the removal. At its meeting On April 21, 2004 , the Merit System 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-29 ROBIN DOLLSON

The appeal of Robin Dollson, a Clerk Driver at the Albert C. Wagner Youth Correctional Facility, Department of Corrections of her 15-day suspension, on charges, was heard by Administrative Law Judge Donald J. Stein (ALJ), who rendered his initial decision on March 11, 2004 . At its meeting on April 21, 2004 , the Merit System Board did not adopt the ALJ's recommendation to uphold the charges but impose no further penalty. Rather, the Board imposed a 10-day suspension. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the decision.

B-30 ORLANDO WRIGHT

The appeal of Orlando Wright, a Judiciary clerk 2 with the Judiciary, of his six-day suspension on charges, was heard by Administrative Law Judge Steven C. Reback (ALJ), who rendered his initial decision on March 10, 2004 increasing the six-day suspension to a 10-day suspension. At its meeting on April 21, 2004 , the Merit System Board adopted the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-31 MICHAEL A. ARNAS AND TIMOTHY D. SHEEHAN

Michael A. Arnas and Timothy D. Sheehan appeal the determination of the Division of Selection Services, which found that they were below the minimum requirements in education for the promotional examination for Network Administrator 1 (PS5457N), Department of Labor.

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

B-32 FRANK BARBER, ET AL.

Frank Barber and Abraham Pulimoottil appeal the determination of the Division of Selection Services, which found that they did not submit the required transcript or list of courses for the open competitive examination for Network Administrator 2 (S6665E). Maria Rossi and Samuel Tulamello 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 Network Administrator 2 (S6665E).

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

B-33 MARIE BATTLES

Marie Battles appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Residential Living Specialist (Mental Health/Deaf Language Specialist) (PS6586K), Greystone Park Psychiatric Hospital .

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

B-34 JAMES BOLDEN

James Bolden appeals the decision of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examination for Affirmative Action Officer (C0541E), Hudson County .

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

B-35 THADDEUS J. BONCZYK

Thaddeus J. Bonczyk 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 Storekeeper (C0544E), Monmouth County .

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

B-36 JOAN CAPIZZI AND IVY PAYNE

Roger Jans, Human Resources Specialist, Ramapo College of New Jersey, on behalf of Joan Capizzi and Ivy Payne, appeals the determination of the Division of Selection Services, which found that they were below the minimum requirements in experience for the promotional examination for Secretarial Assistant 2 (Non Stenographic) (PS7120J), Ramapo College of New Jersey.

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

B-37 CHRISTY DAVIS-THOMAS

Christy Davis-Thomas 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 Agricultural Resource Specialist 2 (S6657E), Department of Agriculture.

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

B-38 LILLIAN COMINSKI, ET AL.

Lillian Comski, Jacqueline Duvall, Debra Gilfillan, Deborah Lewis and Virginia Tocco appeal the decisions of the Division of Selection Services that found that, per the substitution clause for education, they were below the minimum requirements in experience for the promotional examination for Management Assistant (PS7417K), Division of Medical Assistance and Health Services.

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

B-39 ELIJAH DUBOIS

Elijah Dubois 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 Executive Assistant 2 (PS6812I), Department of Corrections.

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

B-40 HENRY FISCHER III AND JOSPEH SMAHA

Henry Fischer III and Joseph Smaha appeal the determinations of the Division of Selection Services that they failed to meet the experience requirements for the open competitive examination for Fire Instructor (C2082E), Morris County .

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

B-41 BIANCA D. GODOY

Bianca D. Godoy 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 Social Work Supervisor (PC1642C), Morris County . It is noted that this matter was held over from the Board's meeting of April 21 2004 .

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

B-42 ANN HARDY

Ann Hardy appeals the decision of the Division of Selection Services that found that per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Fiscal Analyst (PS5790K), Greystone Park Psychiatric Hospital .

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

B-43 DORA A. HARRIS

Dora A. Harris appeals the determination of the Division of Selection Services, which found that she was below the minimum requirements in experience for the promotional examination for Data Processing Input/Output Control Specialist (PS2557D) and (PS5579D), Department of Community Affairs.

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

B-44 PATRICK S. HOFSCHNEIDER

Patrick S. Hofschneider 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 Public Works Repairer (M622E), Clark Township .

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

B-45 GENEVA LITTLE

Geneva Little appeals the determination of the Division of Selection Services that found that, per the substitution clause for education, she did not meet the experience requirements for the open competitive examination for Counselor, Penal Institution (C0560E), Monmouth County .

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

B-46 ROBERT LOCICERO

Robert Locicero appeals the determination of the Division of Selection Services which found that he did not submit the required transcript or list of courses for the open competitive examination for Substance Abuse Counselor 2 (C0408E), Monmouth County . Mr. Locicero also appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examination for Program Development Specialist 3 (Corrections) (S6663E), Department of Corrections.

ACTION: The Merit System Board granted the appeal for Substance Abuse Counselor 2 but denied the appeal for Program Development Specialist 3 (Corrections).

B-47 EDWIN LOPEZ

Edwin Lopez appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in experience for the qualifying examination for Executive Assistant 3, Garden State Correctional Facility.

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

B-48 CATHERINE MASSARI

Catherine Massari appeals the decision of the Division of Selection Services that she was below the minimum requirements in experience for the promotional examination for Executive Assistant 3 (PS6227K), Department of Human Services.

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

B-49 ANTOINETTE MINORS

Antoinette Minors 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 Technician Assistant, Contract Administration (PS6814I), Department of Corrections.

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

B-50 SHAMI NAYAK

Shami Nayak appeals the determination of the Division of Selection Services, which found that she failed to have her foreign transcript evaluated and that she was below the minimum requirements in experience for the open competitive examination for Relocation Assistant (M0224D), City of Jersey City .

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

B-51 ROBERT F. NEAL

Robert F. Neal appeals the determination of the Division of Selection Services, which found that he did not meet the education requirements for the examination for Principal Planner (M0051E), City of Trenton .

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

B-52 RUTH E. PARISE

Ruth E. Parise 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 Assistant Administrative Analyst (PC0115E), Ocean County .

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

B-53 ARVIND PATEL AND RITA FISHER

Arvind Patel and Rita Fisher 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 Program Coordinator Mental Health (S0064D), Department of Human Services.

ACTION: The Merit System Board directed that the appeal of Arvind Patel be denied and directed that the appeal of Rita Fisher be held over.

B-54 DEBBIE L. PAVLOVSKY

Debbie L. Pavlovsky 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 Head Clerk Bookkeeper (S0191E).

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

B-55 ROY J. SCHMIDT

Roy J. Schmidt 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 Operating Engineer, Heating and Air Conditioning (S9227E).

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

B-56 WAYNE R. SHWED

Wayne R. Shwed 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 Communications System Technician 1 (S6618D.

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

B-57 CHARLES H. SOUTHARD, JR.

Charles H. Southard, Jr., 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 Accountant 2 (S0160E), State of New Jersey .

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

B-58 RAEES ZAIDI

Raees Zaidi 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 Inspector, Mosquito Extermination (C6852E), Union County .

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

B-59 JAIME BELL

Jaime Bell appeals her rank and score for the open competitive examination for Technician, Management Information Systems (C6098B), Mercer County .

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

B-60 ETHAN BETTEN

Ethan Betten appeals his score for the open competitive examination for Resource Interpretive Specialist 1, Historic Resources (S0142E), Department of Environmental Protection.

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

B-61 MARISOL DIAZ

Marisol Diaz appeals her rank and score for the promotional examination for Administrative Clerk (PM0465D), Jersey City School District .

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

B-62 MARY JANE GARDNER

Mary Jane Gardner appeals her score for the promotional examination for Supervising Administrative Analyst (PS6936K), Department of Human Services.

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

B-63 ANN T. GIANNETTO AND DIANA L. HOOGVLIET

Ann T. Giannetto and Diana L. Hoogvliet appeal their scores on the promotional examination for Senior Food Service Worker (PM0408C), Brick Township School District .

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

B-64 KENNETH LUNNEY

Kenneth Lunney appeals his score for the promotional examination for Equipment Operator (PM0790E), Middletown Township .

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

B-65 KAMALVATHANY RAVISHANKAR

Kamalvathany Ravishankar appeals her score on the promotional examination for Senior Engineer Geotechnical (PS7030T), Department of Transportation.

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

B-66 WAYNE MANSTREAM

Wayne Manstream appeals the promotional examination for Correction Lieutenant (PS4598I), Department of Corrections.

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

B-67 JESSE GIORDANO

Jesse Giordano requests a make-up for the open competitive examination for Fire Fighter (M9999D).

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

B-68 ROSE MESSERE

Rose Messere appeals the decision of the Division of Selection Services denying her request for a make-up examination for Interviewer (S0134E), Department of Labor. It is noted that this appeal was held over from the Board's meeting of April 7, 2004 .

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

VOTE: Ida L. Castro (Yes)

Flavella Branhan (Yes)

Robert J. Long (No)

B-69 KRISTIN CEPPALUNI AND JAMIE KIRCHER

Kristin Ceppaluni and Jamie Kircher appeal the test administration for the open competitive examination for Training Assistant, Human Services (S0118D), Department of Human Services.

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

B-70 MINESH PATEL

Minesh Patel appeals the administration of the written portion of the open competitive examination for Fire Fighter (M9999E), various jurisdictions.

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

B-71 ASMA HUSSAIN

Asma Hussain appeals the validity of the promotional examinations for Senior Engineer Transportation (PS7024T), Senior Engineer Geotechnical (PS7030T), Senior Engineer Geology (PS7026T) and Senior Engineer Structural Evaluation (PS7007T), Department of Transportation.

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

B-72 JAMES RAYMOND

James Raymond petitions the Merit System Board for reconsideration of its decision rendered on January 28, 2004 in which his challenge to the eligibility of Peter Freda, Timothy Lowenwirth, John Tarantula, and Dennis Vitello for the open competitive examination for Supervising Fire and Ambulance Dispatchers (M0182D), Jersey City.

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

B-73 REGINALD E. BASCOMB

Reginald E. Bascomb requests reconsideration of the final administrative determination in In the Matter of Reginald E. Bascomb, et al., Parole Officer Recruit (S2035E), New Jersey State Parole Board (Merit System Board, decided November 19, 2003 ).

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

B-74 GARY CZOCK

Gary Czock petitions the Merit System Board for reconsideration of its final administrative decision in In the Matter of Gary Czock, Section Chief, Waste Management (Technical/Scientific) (PS0423G) Department of Environmental Protection (Merit System Board, decided January 15, 2003), which found that his Supervisor Test Battery (STB) examination was correctly scored, his ranking appropriately determined, and the STB a valid and reliable measure of the knowledge, skills and abilities required for successful job performance in the subject title.

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

B-75 ZELVA HANNIBAL

Zelva Hannibal requests reconsideration of the Merit System Board's decision In the Matter of Zelva Hannibal, Employment and Training Specialist 2, (PS6655N), Department of Labor, and Employment Services Specialist 2 (PS6656N), Department of Labor (Merit System Board, decided December 17, 2003).

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

B-76 RECENT COURT DECISIONS

Submitted for the Board's review are copies of decisions as follows: In the Matter of Jennifer Manley, Department of Corrections and Youth Services, County of Monmouth, (Appellate Division, 3/3/04); In the Matter of Angela M. Ellis, Department of Corrections (Appellate Division 3/8/04); Roberto Rivera v. Merit System Board (Appellate Division 3/18/04); James L. Smith v. Department of Personnel (Appellate Division 3/18/04); In the Matter of John Raube, Senior Correction Officer, Department of Corrections (Appellate Division 3/30/04); In the Matter of Willie Goodman v. Department of Corrections, Central Reception and Assignment Facility, - N.J. Super (App. Div. 2004); and Daniel Antonelli, et al. v. State of New Jersey, et al. - F.Supp.2d - (D.N.J. 2004). Brief summaries of the cases are provided.

ACTION: The Merit System Board noted the decisions.

B-77 MEHDI KHAZAMIPOUR

Mehdi Khazamipour appeals the administration of the promotional examination for Senior Engineer Transportation (PS7024T), Senior Engineer Geotechnical (PS7030T), and Senior Engineer Structural Evaluation (PS7033T), Department of Transportation.

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

B-78 MERIT SYSTEM BOARD MINTUES

The minutes of the Merit System Board meeting of April 21, 2004 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes.

B-79 ERIC BLAIR

The appeal of Eric Blair, a Human Services Technician with Ancora Psychiatric Hospital , Department of Human Services, of his removal effective April 23, 2002 on charges was heard by Administrative Law Judge Joseph F. Fidler (ALJ), who rendered his initial decision on January 15, 2004 . At its meeting on April 21, 2004 the Merit System Board adopted the ALJ's recommendation to uphold the removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-80 PAUL DIMARTINO

The appeal of Paul DiMartino, a Senior Correction Officer with the Juvenile Justice Commission, Department of Law and Public Safety, of his removal effective October 19, 2002 on charges was heard by Administrative Law Judge Douglas H. Hurd (ALJ), who rendered his initial decision on March 5, 2004. At its meeting on April 21, 2004 , the Board adopted the ALJ's recommendation to modify the removal to a 30-days suspension. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the decision.

B-81 ALFRED WADE

The appeal of Alfred Wade, a Senior Correction Officer with the Department of Corrections, of his removal effective October 17, 2000 , on charges, was heard by Administrative Law Judge Anthony T. Bruno (ALJ), who rendered his initial decision on March 17, 2004 . At its meeting on April 21, 2004 , the Merit System Board adopted the ALJ's recommendation to uphold the removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-82 EARLY SETTLEMENTS

Marc Daigle
City of Millville
Department of Public Safety
Suspension

Demonica Davis
Hunterdon Developmental Center
Department of Human Services
Removal

Laura Miner
New Lisbon Developmental Center
Department of Human Services

John Picurro
City of Hoboken
Suspension

Wilvard Rivera
Trenton Psychiatric Hospital
Department of Human Services
Suspension

Allen Tootle
Ann Klein Forensic Center
Removal

Paul Toth
New Jersey Veterans Memorial Home, Vineland
Suspension

ACTION: The Merit System Board acknowledged the settlements.

B-83 CRAIG SMITH

Craig Smith appeals the determination of the Division of Selection Services, which denied his request for a make-up examination for Fire Fighter (M9999D).

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

There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, May 19, 2004 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

______________________________

IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD

 
 
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