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

Ida L. Castro, Chairwoman
Flavella Branham
John Currie
Margaret E.L. Howard
Robert J. Long

JUNE 9, 2004

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A regular meeting of the Merit System Board was held on Wednesday, June 9, 2004, in Trenton, New Jersey.

   PRESENT: Chairwoman Ida L. Castro, Merit System Board Members, Flavella Branham, John Currie, Margaret E. L. Howard and Robert J. Long; Pamela Ullman, 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.

CONFIDENTIAL APPOINTMENTS

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

Vanessa Graham appointed as a Confidential Assistant, Department of Health and Senior Services, effective May 15, 2004, salary of $37,500.00 per annum.

Ester Rodriguez appointed as Confidential Assistant, Department of Personnel, effective May 17, 2004, salary of $40,000.00 per annum.

WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the hearing calendar:

Lisa Clark, Probation Officer, Essex Vicinage, Department of Judiciary, indefinite suspension.

Terri Ann Fellner, Clerk Typist, Borough of Roselle, removal.

Darlene Knauer, Senior Correction Officer, Bayside State Prison, Department of Corrections, removal.

Adriana Libbin, Senior Probation Officer, Bilingual Spanish/English, Monmouth Vicinage, Department of Judiciary, resignation not in good standing.

Louis Lombardo, Fire Fighter, Lakewood Township Fire Department, release at the end of the working test period.

James Oghoghome, Senior Claims Adjudicator, Disability Determination, Department of Labor, suspension.

Robert Reilly, Printing Operations Operator, Department of Operations and Facilities, County of Union, good faith layoff.

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:

Lamont Brinson, Instructor Counselor, Juvenile Justice Commission, Department of Law and Public Safety, removal.

Lynette Bush, Hospital Attendant, Department of Human Services, County of Atlantic, release at the end of the working test period.

James Holloway, Jr., Laborer, Highway Department, County of Burlington, two suspensions.

Gabriel Quiros, Fire Fighter, Department of Public Safety, City of Paterson, removal.

Warren Slaven, Fire Fighter, Deptford Township Fire Department, removal.

Dennis Whitehead, Equipment Operator, Jersey City School District, removal.

SECTION A HEARING MATTERS

A-1   SETTLEMENTS

   In the Matter of Victor Bermudez

   County of Cumberland

   Department of Corrections

   Suspensions (2)

 

   In the Matter of Toshena Griffin

   Bayside State Prison

   Department of Corrections

   Removals (2)

 

   In the Matter of Robert Katz

   Township of Union

   Department of Public Works

   Suspension

 

In the Matter of Anthony Montgomery

   Division of Youth and Family Services

   Department of Human Services

   Release at the end of the working test period and Removal

   In the Matter of Shawn Moore

   Woodbine Developmental Center

   Department of Human Services

   Removals (3)

   In the Matter of Josephus Nyema

   County of Mercer

   Department of Public Safety

   Removal

   In the Matter of Matthew Sweeney

   County of Burlington

   County Jail

   Suspensions (2) and Removals (3)

   In the Matter of John K. Whilden

   Southern State Correctional Facility

   Department of Corrections

   Removals (4) and Suspension

RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES SETTLEMENT

 

 ACTION:   The Merit System Board acknowledged the settlements.

A-2   MICHAEL ACOSTA

The Town of West New York, represented by David F. Corrigan, Esq., appeals the decision that it improperly bypassed Michael Acosta on the Police Officer (S9999A) West New York, eligible list.

Recommendation of the Administrative Law Judge Appoint Michael Acosta to the position of Police Officer.

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

A-3   NICOLE BALL

Nicole Ball, Human Services Technician, Trenton Psychiatric Hospital, Department of Human Services, ten-day suspension on charges of falsification, intentional misstatement of material fact in connection with work, attendance or in any record, report or investigation.

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

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

A-4   MARIANNE OFENLOCH

Marianne Ofenloch, appeals the bypass of her name for appointment from the position of Chief Ranger 2 (PC5136G), Department of Environmental Protection promotional list.

Recommendation of the Administrative Law Judge Uphold the bypass from the promotional list for Chief Ranger 2 (PC5136G), Department of Environmental Protection

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

A-5   MARK BALDWIN

Mark Baldwin, Senior Parole Officer, State Parole Board, removal effective December 30, 2002, on charges of conduct unbecoming a public employee, insubordination, intentional disobedience or refusal to accept orders, assaulting or resisting authority, disrespect or use of insulting or abusive language to supervisor and violation of a rule, regulation, policy, procedure, order, or administrative decision.

Recommendation of the Administrative Law JudgeUphold the removal.

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

A-6   DAVID ROSANT

David Rosant, Senior Correction Officer, Department of Corrections, removal effective May 16, 2002, on charges of conduct unbecoming a public employee and use, possession or sale of any controlled dangerous substance.

Recommendation of the Administrative Law JudgeUphold the removal.

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

A-7   DEBORAH SANTIAGO

Deborah Santiago, Judiciary Account Clerk 1, Judiciary, Essex Vicinage, removal effective May 21, 2002 and resignation not in good standing effective May 21, 2002, on charges of chronic or excessive absenteeism and job abandonment.

Recommendation of the Administrative Law JudgeUphold the removal and resignation not in good standing.

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

A-8   WILLIAM WILMOUTH

William Wilmouth, Forest Fire Observer, Department of Environmental Protection, removal effective February 4, 2003, on charges of, inter alia, conduct unbecoming a public employee, violation of Department rules regarding work place violence polices and procedures, continual use of obscene language or gestures, actual or attempted and physical abuse.

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

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

A-9   ALBERTA THOMAS-LAMPTEY  

Alberta Thomas-Lamptey, a former Assistant District Parole Supervisor, New Jersey State Parole Board, appeals her return to her formerly held permanent title of Senior Parole Officer effective April 22, 2002.   

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

Recommendation of the Administrative Law Judge Uphold the return to formerly held permanent title.

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

VOTE:   Ida L. Castro       (Yes)

       Flavella Branhan     (No)

       John Currie       (Yes)

       Margaret E. L. Howard     (Yes)

       Robert J. Long       (Yes)  

A-10   MAXIMO NINAL, JR.

Maximo Ninal, Jr., Field Representative Housing, Department of Community Affairs, removal on charges of, inter alia, conduct unbecoming a public employee and falsification of work records. This matter is a consolidated case with the Public Employee Relations Commission (PERC).

Recommendation of the Administrative Law Judge Acknowledge the settlement.

ACTION:   The Merit System Board acknowledged the settlement.

A-11   SETTLEMENTS

In the Matter of Patsy Leflore

New Jersey State Prison  

Department of Corrections

Discrimination complaint

Gerard TarinoBorough of Pompton Lakes

Department of Public Works

Removal and fine

RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES SETTLEMENT

ACTION:   The Merit System Board acknowledged the settlements.

SECTION B MISCELLANEOUS MATTERS

B-1   MARJORIE BROWN

Marjorie Brown, a Clinical Specialist in Psychiatric Nursing at Greystone Park Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-2   CLAUDIA BUTLER-JULIG

Claudia Butler-Julig, an Institutional Trade Instructor 2, Cooking, at East Jersey State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-3   GEORGE D'ANDRADE

George D'Andrade, an Equipment Operator with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.

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

B-4   MARLENE HEDDEN

Marlene Hedden, a Technical Assistant 2 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-5   SUSAN PIERSON

Susan Pierson, a Human Services Assistant with New Lisbon 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 in part.

B-6   DANIEL SPATARO

Daniel Spataro, an Information Technology Analyst 3 with the Judiciary, appeals the denial of sick leave injury (SLI) benefits.

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

B-7   GILBERT VALENZUELA

Gilbert Valenzuela, a Cottage Training Technician with Hunterdon Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-8   MICHAEL CERVINO

Michael Cervino, represented by D. Gayle Loftis, Esq., appeals the decision of Human Resource Information Services which upheld the bypass of his name on the Police Sergeant (PM2528A), Jersey City eligible list.

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

B-9   STANLEY DIXON

Stanley Dixon appeals the removal of his name from the eligible list for County Correction Officer (S9999B), Passaic County, on the basis of making false statements of material facts on his preemployment application and for having an unsatisfactory background report.

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

B-10   FRANCISCO IBACETA

Francisco Ibaceta appeals the decision of Human Resource Information Services, which found that the Township of Hillside had presented a sufficient basis to remove his name from the Police Officer (S9999D) eligible list on the basis of falsification of his preemployment application.

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

B-11   DENNIS KRAMER

Dennis Kramer appeals from the determination of the Division of Human Resource Information Services (HRIS) which upheld his removal from the eligible list for Building Maintenance Services Specialist 4 (S6570C), Department of Environmental Protection, on the basis of his failure to respond to the certification notice.

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

B-12   TRAINING ASSISTANT, HUMAN SERVICES (S0118D), DEPARTMENT OF HUMAN SERVICES

The appointing authority requests permission not to make an appointment from the certification for Training Assistant, Human Services (S0118D), Department of Human Services.

ACTION:   The Merit System Board granted the request for appointment waiver and directed that no selection costs be presently assessed.

B-13   PAUL BLISKO

Paul Blisko, a Correction Sergeant with the New Jersey State Prison, Department of Corrections (DOC), appeals the determination of the Acting Director of the Equal Employment Division (EED) of 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-14   PAUL DEHOPE

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

ACTION:   The Merit System Board granted a hearing.

B-15   ROCHELLE ROSEN

Rochelle Rosen, a Permit Clerk with Marlboro Township, represented by Mandy R. Steele, Esq., requests enforcement of the decisions of the Merit System Board in In the Matter of Susan Donis and Rochelle Rosen (MSB, decided October 18, 1994); In the Matter of Susan Donis and Rochelle Rosen (MSB, decided January 14, 1997); and In the Matter of Rochelle Rosen (MSB, decided October 13, 1999).

ACTION:   The Merit System Board denied the request.

B-16   KEVIN MULHOLLAND

Kevin Mulholland, a Police Officer with the Township of Morristown, represented by Shane DeLeon, Esq., petitions for interim relief of his immediate suspension, effective July 7, 2003. Since the petitioner has been returned to work, this matter will be treated as a request for back pay.

 

ACTION:   The Merit System Board denied the request.

B-17   BRIAN ANDERSON

The County of Monmouth, represented by Robert J. Hrebek, Esq., petitions the Merit System Board for a determination regarding Brian Anderson’s entitlement to an award of back pay, pursuant to the August 12, 2003 decision of the Board. Anderson, represented by Charles J. Sciarra, Esq., requests a hearing on his October 17, 2001 removal.

ACTION:   The Merit System Board granted a hearing regarding the merits of Anderson’s October 17, 2001 removal and denied back pay pursuant to the Board’s August 12, 2003 decision.

B-18   DEBORA U. BROWN

Debora U. Brown, an Assistant Secretary (Board/Commission) with the Alcoholic Beverage Control Board, City of Newark, represented by Daniel J. Zirrith, Esq., petitions the Merit System Board for back pay and counsel fees as a result of her immediate suspension, effective December 2, 2003.

ACTION:   The Merit System Board granted the request.

B-19   CHARLES MOTLEY

The City of Newark, represented by Phillip Dowdell, Assistant Corporation Counsel, petitions the Merit System Board for reconsideration and a stay of the administrative decision, rendered on February 25, 2004, in which the Board reversed the removal of Charles Motley and awarded him back pay, benefits, seniority, and counsel fees.

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

B-20   MERLYN FRANCIS

The appeals of Merlyn Francis, a Principal Training Technician with the Department of Health and Senior Services of her: 1) resignation not in good standing effective March 29, 2001 on charges, and 2) removal effective March 29, 2001 on charges, were heard before Administrative Law Judge Douglas H. Hurd (ALJ), who rendered his initial decision on April 22, 2004, dismissing the appeals with prejudice. At its meeting on May 19, 2004, the Merit System Board modified the ALJ’s recommendation to dismiss the appeals without prejudice. The proposed final decision is now submitted for the Board’s review.

ACTION:   The Merit System Board adopted the final decision.

B-21   RAYMOND HALLOCK

The appeal of Raymond Hallock, a Police Officer with the Township of Lakewood Police Department of His removal effective August 28, 2002, on charges, was heard by Administrative Law Judge Solomon A. Metzger (ALJ), who rendered his initial decision on April 19, 2004, at its meeting on May 19, 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-22   BRUCE NORMAN

The appeal of Bruce Norman, a Police Sergeant with the City of Asbury Park, of his removal effective June 21, 2002, on charges, was heard by Administrative Law Judge Douglas H. Hurd (ALJ), who rendered his initial decision n April 20, 2004. At its meeting on May 19, 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-23   FLEMICA PYGUM

The appeal of Flemica Pygum, a Human Services Assistant at Hunterdon Developmental Center, Department of Human Services, of her removal effective June 15, 2002, on charges, was heard by Administrative Law Judge Douglas H. Hurd (ALJ), who rendered his initial decision on January 12, 2004. At its meeting on May 19, 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 final decision.

B-24   MERRILL BERGER

Merrill Berger appeals the determination of the Division of Selection Services, which found that she failed to submit a required transcript or list of courses for the open completive examination for Administrator, Psychological Services (S9195E), Department of Human Services.

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

B-25   JAMES CRAIG

James Craig appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the open competitive examination for Assistant Superintendent of Recreation (M0266D), Burlington County.

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

B-26   JOHN M. DE ANGELO

John M. DeAngelo appeals the decision of the Division of Selection Services, which found that he did not meet the education requirements for the open competitive examination for Senior Field Representative, Health Education (C0534E), Gloucester County.

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

B-27   EDWARD FREDERICK AND MAURICE GALLAGHER

Edward Frederick and Maurice Gallagher appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirement for the promotional examination for Sanitation Superintendent (PM0538E), Atlantic City.

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

B-28   VINCENT J. GIMMELLI

Vincent J. Gimmelli appeals the decision of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Data Processing Analyst 1, Higher Education (PS6973J).

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

B-29   WESLEY GUMB AND ALEX ZIENIUK

Wesley Gumb and Alex Zieniuk 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 Truck Driver (C9594E), Burlington County.

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

B-30   JANET HAND

Janet Hand appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, she did not meet the minimum experience requirements for the promotional examination for Administrative Analyst 2 (PS5857K), Division of Developmental Disabilities.

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

B-31   PATRICIA HATFIELD

Patricia Hatfield 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 Inventory Control Specialist 2 (PS8234K), New Lisbon Developmental Center.

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

B-32   SUSETTE J. JACKSON

Susette J. Jackson 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 Management Specialist (PM0873D), Newark School District.

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

B-33   ROBERT MORRIS, JR.

Robert Morris, Jr., appeals the decision of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Truck Driver (PM0755E), Gloucester Township.

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

B-34   FRANCIS NUMBERS

Francis Numbers 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 Institutional Trade Instructor 2 (Cooking) (S6678E), Department of Corrections.

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

B-35   PATRICIA TUCKER

Patricia Tucker 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 Program Development Specialist 1 (Developmental Disabilities) (PS7436K), Division of Developmental Disabilities.

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

B-36   BASHKIM VLASHI

Bashkim Vlashi appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the examination for Public Works Repairer (M6659C), Borough of Lincoln Park.

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

B-37   EUGENE ASKIN

Eugene Askin appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.

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

B-38   JOSEPH BERENGUER

Joseph Berenguer appeals his score on the promotional examination for Chief, Employment and Training (PS4925N), Department of Labor.

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

B-39   HAMILTON BILLINGS

Hamilton Billings appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.

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

B-40   LAWRENCE CRAWFORD

Lawrence Crawford appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.

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

B-41   JOHN DIMINO

John Dimino appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.

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

B-42   STEPHEN GUTKUS

Stephen Gutkus appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.

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

B-43   EDWARD HUEBSCH

Edward Huebsch appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.

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

B-44   JASON INGRAHAM

Jason Ingraham, represented by Daniel Zirrith, Esq., appeals his score for the written cognitive portion of the examination for Fire Fighter (M9999E). It is noted that the appellant failed this portion of the examination.

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

B-45   BRETT KOESTER

Arnold Jabin, Esq., on behalf of Brett Koester, appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.

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

B-46   ROBERT KWIATKOWSKI

Robert Kwiatkowski appeals his rank and score for the open competitive examination for School Bus Driver (M9773C), Brick Township.

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

B-47   VINCENT MARCHESANI

Vincent Marchesani appeals his score on the promotional examination for Accountant 1 (PS6912U), Department of the Treasury.

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

B-48   JESUS MATOS, ET AL.

Jesus Matos, Ernest Noseda and Robin Pugh 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 Institutional Trade Instructor 2 (Food Processing) (S6662E).

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

B-49   CHERYL A. MOSES

Cheryl A. Moses appeals her score on the promotional examination for Senior Clerk Typist (PC1955B), Essex County.

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

B-50   KEVIN MUNDY

Kevin Mundy appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.

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

B-51   DANIEL O’GORMAN AND FRANCIS PROSS

Daniel O’Gorman and Franics Pross appeal their scores for the open competitive examination for Construction Official (S9221E), Department of Community Affairs.

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

B-52   DOUGLAS OLSEN

Douglas Olsen appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.

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

B-53   DAVID PASSERINI

David Passerini appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.

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

B-54   RICHARD PERNELL

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

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

B-55   JOHN SALUKA

John Saluka appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.

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

B-56   JOHN STEVENS

Andrew Bolduc, Esq., on behalf of John Stevens, appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.

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

B-57   DONALD WHITE

Donald White appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.

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

B-58   MICHAEL PENN

Michael Penn appeals the administration of the open competitive examination for Fire Fighter (M9999D).

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

B-59   SHARON BOOKER

Sharon Booker appeals the determination of the Division of Selection Services denying her request for a make up for the open competitive examination for Parole Officer Recruit (S2035E), State Parole Board.

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

B-60   COLM OWENS

Colm Owens appeals the decision of the Division of Selection Services denying his request for a make-up examination for Senior Income Maintenance Technician (S0131E), Department of Human Services.

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

B-61   CHRISTOPHER CONTI

Christopher Conti seeks a retroactive permanent appointment to the title of Correction Officer Recruit, Department of Corrections.

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

B-62   JORGE BATISTA, ET AL.

Jorge Batista, Walwyn Gordon, Wilfred Hector, Robert Laracuente, and Egbert Morris appeal the validity of the promotional examination for Equipment Operator (PS3249T), Department of Transportation.

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

B-63   JANET PARROTTA

Janet Parrotta petitions the Merit System Board for reconsideration of the final decision rendered on December 3, 2003, which upheld the determination that she did not meet the experience requirement for the promotional examination for Project Manager, Data Processing (PS1611K), Department of Human Services.

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

B-64   RYAN RIEDER

The Department of Agriculture, on behalf of Ryan Rieder, petitions the Merit System Board for reconsideration of the decision rendered on August 21, 2003, which found that she did not meet the experience requirements for the open competitive examination for Horticulturist (S0153E), Department of Agriculture.

ACTION:   The Merit System Board granted the request.

B-65   LAW ENFORCEMENT EXAMINATION POOL (S9999D)

The Director of Selection Services requests that the Law Enforcement Examination pool (LEE) (S9999D) be extended for one year beyond its original expiration date or until the next LEE pool is established, whichever occurs first.

ACTION:   The Merit System Board granted the request.

B-66   JANET VARAN

Janet Varan 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 Project Manager, Data Processing (PS6788H), Department of Health and Senior Services.

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

B-67   MERIT SYSTEM BOARD MINUTES

The minutes of the Merit System Board meeting of May 19, 2004 are submitted for adoption.

ACTION:   The Merit System Board adopted the minutes.

B-68   FRANK HOFFMAN

The appeal of Frank Hoffman, a former Correction Sergeant with the Hudson County Department of Corrections, of his removal, effective March 23, 2001, on charges, was heard by Administrative Law Judge Richard McGill (ALJ), who rendered his initial decision on March 11, 2004, upholding the removal. At its meeting on May 19, 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-69   ADRIENNE MARTIN

Adrienne Martin appeals her score on the promotional examination for Family Service Specialist 1 (PS4681K), Division of Youth and Family Services.

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

B-70   EARLY SETTLEMENTS

Margie Alicea

Jersey City School District

Suspension

Marc Bonfiglio

Department of Environmental Protection

Removal

Maria Castro

Vineland Developmental Center

Department of Human Services

Suspension

Tracey Lupperger

County of Cumberland

Removal

Elizabeth Mills

County of Morris

Department of Long Term Care

Suspension

Tina Pierce

Vineland Developmental Center

Department of Human Services

Suspension and Removals (2)

ACTION:   The Merit System Board acknowledged the settlements.

B-71   JOSEPHINE DI RIENZO

Submitted for the Merit System Board’s consideration is a proposed resolution honoring Josephine DiRienzo for her service on the Merit System Board.

ACTION:   The Merit System Board adopted the resolution.

There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, June 23, 2004 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

 

           ______________________________

                 IDA L. CASTRO

                 COMMISSIONER

                MERIT SYSTEM BOARD

 
 
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