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

 

Margaret E. L. Howard, Presiding

Flavella Branham

John Currie

Robert J. Long

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

2

JUNE 23, 2004

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A regular meeting of the Merit System Board was held on

Wednesday, June 24, 2004, in Trenton, New Jersey.

PRESENT: Margaret E. L. Howard, Presiding Merit System Board

Member; Merit System Board Members, Flavella Branham, John Currie,

and Robert J. Long; Pamela Ullman, Deputy Attorney General; and

Elizabeth Napolitano, Acting Assistant Director, Division of Merit System

Practices and Labor Relations.

In accordance with L.1975, c.231, Presiding Board Member Margaret

E.L. Howard 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.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

3

STATE

The Merit System Board recorded the recommended changes in the State Classification Plan,

copies of which are attached hereto and made a part hereof.

 

DATE:

April 29, 2004

TO:

Ida L. Castro, Commissioner

Department of Personnel

FROM:

Elizabeth Van Marter, Director

Human Resource Management

 

SUBJECT:

Change in the State Classification Plan

DEPARTMENT OF THE TREASURY AND GENERAL TITLES

The Department of the Treasury requests the creation of two new Trainee titles to

address workweek and compensation issues.

The Department of the Treasury employs auditors in both the office and the field,

each having multiple workweeks. Field staff are compensated at one range higher

than those working in the office. The Department requires the use of two new

Trainee titles to accommodate both types of assignment and workweeks.

ADDITION OF WORKWEEKS

Effective: 05/01/04

Auditor Accountant Trainee

P95-_____ Competitive * 35/12

Auditor Taxation Trainee

P95-_____ Competitive D 35/12

 

 

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

4

DATE:

April 22, 2004

TO:

Ida L. Castro, Commissioner

Department of Personnel

FROM:

Elizabeth Van Marter, Director

Human Resource Management

 

SUBJECT:

Change in the State Classification Plan

LAW AND PUBLIC SAFETY AND GENERAL TITLES

The Department of Law and Public Safety recently requested and received approval

for the establishment of several intermittent titles for the New Jersey Racing

Commission. These titles were required to classify staff performing inspection and

veterinary functions. The intermittent titles will be used in lieu of Temporary

Employment Service (TES) titles, which are restricted to a specific number of

working hours per fiscal year.

These titles were inadvertently assigned to the competitive division of the career

service. These titles should have been assigned to the non-competitive division of

the career service in accordance with Department regulations.

CORRECTION OF CLASS OF SERVICE

Effective: 01/24/04

FROM: TO:

Intermittent Veterinarian Intermittent Veterinarian

P26-_____ Competitive * NL/12 P26-_____ Non-Competitive *

NL/12

Intermittent Senior Veterinarian Intermittent Senior Veterinarian

P29-_____ Competitive * NL/12 P29-_____ Non-Competitive *

NL/12

Intermittent Inspector Animal Health Intermittent Inspector Animal Health

I11-_____ Unclassified C 35/12 I11-_____ Non-Competitive C

35/12

Intermittent Inspector 1, NJRC Intermittent Inspector 1, NJRC

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

5

R20-_____ Unclassified C 40/12 R20-_____ Non-Competitive C

40/12

Intermittent Inspector 2, NJRC Intermittent Inspector 2, NJRC

I16-_____ Unclassified C 40/12 I16-_____ Non-Competitive C

40/12

 

 

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

6

DATE:

May 4, 2004

TO:

Ida L. Castro, Commissioner

Department of Personnel

FROM:

Elizabeth Van Marter, Director

Human Resource Management

 

SUBJECT:

Change in the Classification Plan

GENERAL

The Office of Information Technology (OIT) requests the creation of a new,

Department-specific title series to consolidate the functions currently classified by

the Data Processing Programmer and Data Processing Analyst variant series

assigned to OIT. These variant titles formerly classified different functions; the

functions have evolved over the years to the extent that there are virtually no

distinctions between them. The new titles will be patterned after the existing series

to include the same class code and class of service as the existing levels. Two of the

new titles will be assigned different workweeks to coincide with the office work

schedule. OIT, Shared Services and Classification Staff have collaborated to develop

a series that accurately classifies the work of the incumbents.

OIT requests the lateral appointment of existing incumbents with retention of

existing status, since the new titles are the same class code. Some employees will

receive a one-range increase due to the difference in workweek. However, some of

the provisional incumbents may not meet the higher requirements for the new titles

to which they will be appointed. To avoid an adverse impact on those potentially

affected, we request that all current provisionals be permitted to sit for their

respective promotional exams regardless of whether they meet the new education

requirements. We further request that all incumbents to be appointed to the title of

Software Development Specialist 2 be considered eligible for the next promotional

examination for the title of Software Development Specialist 3, on a one-time basis,

regardless of whether they meet the new education requirement.

All variant titles assigned to OIT will be eliminated once the incumbents are

appointed to the new series. The appropriate negotiations representatives have

been notified and are in support of this request.

 

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

7

ADDITION OF TITLES FOR CONSOLIDATION

Effective: 04/03/04

Software Development Specialist

Assistant

A17-_____ Non-Comp 35/12

Software Development Specialist 1

P21-_____ Non-Comp 3E/12

Software Development Specialist 3

R29-_____ Competitive NL/12

Software Development

Specialist 2

P26-_____ Competitive NL/12

Software Development

Specialist 4

P31-_____ Competitive NL/12

FROM:

Data Processing Programmer Assistant

A17-53271 Non-Comp * 35/12

TO:

Software Development

Specialist Assistant

A17-_____Non-Comp D 35/12

Data Processing Programmer 3

P21-53262 Non-Comp * 35/12

Software Development

Specialist 1

P21-______Non-Comp D 3E/12

Data Processing Analyst 2, OIT

P26-53244C Comp D NL/12

Data Processing Programmer 2, OIT

P25-53263C Comp D 35/12

Software Development

Specialist 2

P26-_____ Competitive NL/12

Software Development

Specialist 2

P26-_____ Competitive NL/12

Data Processing Programmer 1, OIT

R29-53264C Comp D NL/12

Data Processing Analyst 1, OIT

R29-53245C Comp D NL/12

Software Development

Specialist 3

R29- _____ Competitive D

NL/12

Software Development

Specialist 3

R29- _____ Competitive D

NL/12

 

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

8

ELIMINATION OF TITLES

Effective:

04/03/04

Data Processing Programmer 2, OIT

Data

P25-53263C Comp D 35/12

Data Processing Analyst 2, OIT

P26-53244C Comp D NL/12

Data Processing Programmer 1, OIT

R29-53264C Comp D NL/12

Data Processing Analyst 1, OIT

R29-53245C Comp D NL/12

 

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

9

WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the hearing

calendar:

Derrick Davis,

County Correction Officer, Department of Public Safety, County of

Essex, suspension.

Eloy Espinal,

Senior Correction Officer, East Jersey State Prison, Department of

Corrections, suspension.

James Oghoghome,

Senior Claims Adjudicator, Disability Determinations,

Department of Labor, suspension.

Kevin Rhoads,

Truck Driver, Highway Department, County of Monmouth,

suspension.

 

Arthur Rossky,

Auditor 3, Taxation, Department of Treasury, removal.

Edward Sallustro,

Laborer, Department of Public Works, Town of Kearny,

suspensions and two removals.

 

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

10

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Maurice Barnard

Newark School District

Removal

In the Matter of Laurence Berman

County of Union

Department of Human Services

Resignation not in good standing

In the Matter of Michael Dalia

Township of Woodbridge

Police Department

Suspension

In the Matter of Skyler T. Davies

Greystone Park Psychiatric Hospital

Department of Human Services

Release at the end of the working test period

In the Matter of Dr. Russel E. Greco, Jr.

City of Newark

Police Department

Removals (10)

In the Matter of Debra Hall

County of Burlington

Burlington Jail

Suspension

In the Matter of Alfred Harris

Central Reception and Assignment Facility

Department of Corrections

Suspensions (2)

In the Matter of Thomas Himes

Judiciary Vicinage

Gloucester County

Suspension

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

11

In the Matter of Maria Meredith

County of Ocean

Department of Corrections

Release at the end of the working test period

In the Matter of Sean Pringle

Borough of Belmar

Department of Public Safety

Suspension

 

RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE

ABOVE CASES - SETTLEMENT

ACTION:

The Merit System Board acknowledged the settlements.

A-2 LEO BENDE

Leo Bende, County Correction Officer, County of Burlington, County Jail, 20-

day suspension on charges of incompetency, inefficiency or failure to perform

duties, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the 20-day

suspension.

ACTION:

The Merit System Board affirmed the recommendation of the

Administrative Law Judge.

A-3 RICHARD PALUMBO

Richard Palumbo, a Sergeant First Class with the Division of State Police,

Department of Law and Public Safety appeals the determination of the

Attorney General stating that he 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. It is noted that at the time of the complaint

the appellant was promoted to the title of Sergeant First Class effective July

3, 1999.

Recommendation of the Administrative Law Judge - Deny the appeal.

ACTION:

The Merit System Board affirmed the recommendation of the

Administrative Law Judge.

 

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

12

A-4 MARY E. CORNISH

Mary E. Cornish, Cottage Training Technician, Woodbine Developmental

Center, Department of Human Services, removal effective December 13,

2002, on the charge of physical abuse of a client.

Recommendation of the Administrative Law Judge - Reverse the removal.

ACTION:

The Merit System Board affirmed the recommendation of the

Administrative Law Judge.

A-5 SIDNEY S. GOFFNEY

Sidney S. Goffney, Police Officer, City of Camden, removal effective October

10, 2001, on charges of violation of the rules and regulations of the Camden

City Police Department and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION:

The Merit System Board affirmed the recommendation of the

Administrative Law Judge.

A-6 BRETT HAUSER

Brett Hauser, Senior Correction Officer, South Woods State Prison,

Department of Corrections, two removals effective March 25, 2003, on

charges of conduct unbecoming a public employee and insubordination.

Recommendation of the Administrative Law Judge - Uphold the two

removals.

ACTION:

The Merit System Board affirmed the recommendation of the

Administrative Law Judge.

 

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

13

A-7 JOSEPH LANIER, JR

Joseph Lanier, Police Officer, Police Department, 173-day suspension and

removal effective March 22, 2001, on the charge of being unfit for duty.

Recommendation of the Administrative Law Judge - Uphold the removal. It

is noted that although the ALJ upheld the charge, she made no discrete

finding with regard to the penalty of the 173-day suspension.

ACTION:

The Merit System Board affirmed the recommendation of the

Administrative Law Judge.

A-8 MATTHEW VASSAR

Matthew Vassar, Laborer, Township of Jackson, Department of Public

Works, removal effective September 3, 2002, on charges of chronic or

excessive absenteeism and neglect of duty.

Recommendation of the Administrative Law Judge - Reverse the removal.

ACTION:

The Merit System Board affirmed the recommendation of the

Administrative Law Judge.

A-9 EUGENE VERDELL, JR.

Eugene Verdell, Jr., Residential Living Specialist, Department of Military

and Veterans Affairs, removal effective April 18, 2002, on charges of inability

to perform duties and performance.

Recommendation of the Administrative Law Judge - Uphold the removal.

 

 

ACTION:

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

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

14

A-10 IVORY WARD (REMAND)

Ivory Ward, Senior Youth Worker, Military and Veteran's Affairs, removal

effective February 9, 2001, on charges of contributing to an elopement or

escape and neglect of duty, loafing, idleness or willful failure to devote

attention to tasks which could result in danger to persons or property and

falsification.

Recommendation of the Administrative Law Judge - Modify the removal to a

six-month suspension.

ACTION:

The Merit System Board affirmed the recommendation of the

Administrative Law Judge.

SECTION B - MISCELLANEOUS MATTERS

B-1 TRACEY BURNS

Tracey Burns, represented by David J. DeFillippo, Esq., appeals her rejection

as Police Officer candidate by the Township of Woodbridge and its request to

remove her 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 denied.

B-2 SERGIO CUNHA

Sergio Cunha, represented by Charles M. Grossman, Esq., appeals his

rejection as a Police Officer candidate by the City of Newark and its request

to remove his name from the eligible list for Police 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 granted.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

15

B-3 JUSTIN DELANEY

Justin Delaney, represented by Sidney H. Lehmann, Esq., appeals his

rejection as a Police Officer candidate by Brick Township and its request to

remove his name from the eligible list for Police Officer (S9999B) on the basis

of psychological unfitness to perform effectively the duties of the position.

 

ACTION:

The Merit System Board directed that this appeal be granted.

B-4 JEFFREY L. JOHNSON

Jeffrey L. Johnson, represented by Robert R. Cannan, Esq., appeals his

rejection as Police Officer candidate by the Borough of Roselle and its request

to remove his name from the eligible list for Police Officer (S9999B) on the

basis of psychological unfitness to perform effectively the duties of the

position.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-5 NATHANIEL JOHNSON, III

Nathaniel Johnson, III, represented by Stephen Schnitzer, Esq., appeals his

rejection as a Correction Officer Recruit candidate by the Department of

Corrections and its request to remove his name from the eligible list for

Correction Officer Recruit (S9999D) on the basis of psychological unfitness to

perform effectively the duties of the position.

ACTION:

The Merit System Board referred the matter for an independent

psychological evaluation.

B-6 LONNIE LEMON

Lonnie Lemon, represented by Malee L. Wing, Esq., appeals his rejection as a

Police Officer candidate by the City of East Orange 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 denied.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

16

B-7 RICHARD A. MASELLI

Richard A. Maselli, represented by Thomas Vitolo, Esq., appeals his rejection

as a Police Officer candidate by the Township of Irvington 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 denied.

B-8 JOHN C. MOLNAR

John C. Molnar, represented by John J. Marinan, Esq., appeals his rejection

as a Sheriff's Officer candidate by the County of Monmouth and its request to

remove his name from the eligible list for Sheriff's Officer (S9999D) on the

basis of psychological unfitness to perform effectively the duties of the

position.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-9 MICHAEL A. COLEMAN

Michael A. Coleman, a Senior Correction Officer with the Garden State

Reception and Youth Correctional Facility, Department of Corrections,

appeals the denial of sick leave injury (SLI) benefits.

ACTION:

The Merit System Board directed that this appeal be granted in

part.

B-10 DOROTHY FLOWERS

Dorothy Flowers, a Program Technician 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 in

part.

B-11 VICTOR KLIMA

Victor Klima, a Senior Correction Officer with East Jersey State Prison,

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.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

17

B-12 VIRGINIA LAVERY-HEIM

Virginia Lavery-Heim, a Senior Accident Record Reviewer with the

Department of Transportation, appeals the denial of sick leave injury (SLI)

benefits.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-13 MUHAMMAD ABDUL-RAHEEM

Muhammad Abdul-Raheem, represented by Andrew J. Schragger, Esq.,

appeals the decision of Human Resource Information Services which found

that the Juvenile Justice Commission had presented a sufficient basis to

remove the appellant's name from the Correction Officer Recruit, Juvenile

Justice (S9999D), Juvenile Justice Commission, eligible list due to an

unsatisfactory driving record.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-14 MARITZA CORTES

Maritza Cortes appeals the decision of Human Resource Information Systems

(HRIS) which removed her name from the eligible list for Police Officer

(S9999D), City of Camden, due to the appellant's failure to appear for her

interview.

 

ACTION:

The Merit System Board directed that this appeal be granted.

B-15 GILBERT EWIN, JR.

Gilbert Ewin, Jr., appeals the decision of Human Resource Information

Services which upheld the removal of his name from the County Correction

Officer (S9999D), Atlantic County, eligible list due to the falsification of his

employment application.

 

 

ACTION:

The Merit System Board directed that this appeal be denied.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

18

B-16 KEVIN LEWIS

Kevin Lewis appeals the decision of Human Resource Information Services

(HRIS) which upheld the appointing authority's bypass of his name on a

certification of the Communications Operator (S0188E), Department of

Human Services, eligible list.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-17 WAYNE ROESCH

Wayne Roesch, a Police Officer with the City of Jersey City, represented by

George T. Taite, Esq., petitions the Merit System Board for interim relief in

relation to his immediate suspension commencing on October 28, 2002.

ACTION:

The Merit System Board denied the request for interim relief

but granted a hearing regarding the merits of the disciplinary

charges.

B-18 VICKI SUTTON

Vicki Sutton, a Senior Correction Officer at South Woods State Prison,

Department of Corrections, represented by John P. Morris, Esq., petitions the

Merit System Board for interim relief in relation to her indefinite suspension,

commencing on February 27, 2003, and her removal, effective December 6,

2003.

 

ACTION:

The Merit System Board denied the request for interim relief.

B-19 LEISHEL WOODS

Leishel Woods, a Family Service Specialist 2 with the Division of Youth and

Family Services, Department of Human Services, represented by Sharol

Richards, Staff Representative, CWA Local 1039, petitions the Merit System

Board (Board) for interim relief of her resignation not in good standing.

 

 

ACTION:

The Merit System Board denied the request for interim relief.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

19

B-20 NAEIL M. HAMDI

Naeil M. Hamdi, a Community Service Officer 3 with the Department of

Community Affairs (DCA) appeals the determination of the Commissioner of

Community Affairs, stating that the appellant 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-21 CYNTHIA REDUS-TARCHIS

Cynthia Redus-Tarchis, a Supervising Family Service Specialist 2 with the

Division of Youth and Family Services, Department of Human Services

(DHS), appeals the determination of the Assistant Commissioner for Human

Resources, with the DHS, stating that the appellant failed to present

sufficient evidence to support a finding that she 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-22 NORDICA THOMPSON

Nordica Thompson, a Family Service Specialist (FSS) 2 with the Division of

Youth and Family Services (DYFS), Department of Human Services (DHS),

appeals the determination of the Assistant Commissioner for Human

Resources stating that she had been subjected to violations of the New Jersey

State Policy Prohibiting Discrimination, Harassment or Hostile

Environments in the Workplace (State Policy).

 

 

ACTION:

The Merit System Board directed that this appeal be denied.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

20

B-23 LISA EASLEY

The appointing authority petitions the Merit System Board for

reconsideration of its decision rendered May 5, 2004, dismissing the appeals

of Lisa Easley based on her failure to appear for a scheduled prehearing

conference at the Office of Administrative Law.

ACTION:

The Merit System Board granted the request for reconsideration

and directed that the matter be transmitted to the Office of

Administrative Law for further proceedings.

B-24 JASON LUKASZEWSKI

Jason Lukaszewski, represented by William Toolen, PBA Local 105, requests

reconsideration of the final determination rendered by the Merit System

Board on May 5, 2004, withdrawing his appeal for a ten-day suspension.

 

ACTION:

The Merit System Board granted the request for reconsideration

B-25 JOHN CORRY SHORT

John Corry Short petitions the Merit System Board for reconsideration of its

decision rendered December 3, 2003, which denied the requests of John Corry

Short and William Costigan to revive the eligible list for Police Captain

(PM3559A), City of Jersey City, in order to effectuate their appointments.

 

ACTION:

The Merit System Board granted the request for reconsideration.

B-26 SENIOR LABORATORY TECHNICIAN (M1652C), CITY OF NEWARK

The City of Newark requests reconsideration of the decision rendered on

January 7, 2004 by the Merit System Board (Board) in In the Matter of Seniorwhich denied its request

Laboratory Technician (M1652C), City of Newark,

for an appointment waiver and ordered it to properly dispose of the

September 11, 2001 certification within 30 days.

ACTION:

The Merit System Board granted the request for reconsideration

in part.

 

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

21

B-27 SHANE STREATER

The City of Camden, represented by Marc A. Riondino, Assistant City

Attorney, petitions the Merit System Board (Board) for reconsideration of its

decision rendered on January 28, 2004, which modified the removal of Shane

Streater. Shane Streater petitions the Board for enforcement of its January

28, 2004 decision.

ACTION:

The Merit System Board denied the request for reconsideration

and granted the request for enforcement.

B-28 ROBERT OSLE

The Superior Court of New Jersey, Appellate Division, has reversed the

suspension of Robert Osle and remanded the matter to the Merit System

Board for further proceedings consistent with its decision.

ACTION:

The Merit System Board acknowledged the Appellate Division

decision and awarded back pay and counsel fees.

B-29 PATRICK LAGUERRE

Patrick Laguerre requests a permanent appointment as a Police Officer with

the City of East Orange.

 

ACTION:

The Merit System Board granted the request in part.

B-30 LORENZO ZACKERY

Lorenzo Zackery, a Sheriff's Officer with Essex County, represented by

Anthony J. Fusco, Jr., Esq., petitions the Merit System Board for back pay,

benefits, and counsel fees in accordance with a Stipulation of Agreement.

 

ACTION:

The Merit System Board denied the request.

B-31 ANGELA WILLIAMS

Angela Williams, a Senior Correction Officer with the Department of

Corrections represented by Anthony J. Fusco, Jr., Esq., petitions the Merit

System Board for immediate reinstatement to her position, back pay, and

counsel fees.

 

 

ACTION:

The Merit System Board granted the request in part.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

22

B-32 SUSAN CONNOLLY, ET AL.

Susan Connolly, Donna Green, and Gail Gregg, represented by James K.

Wagoner, Staff Representative for CWA Local 1039, seek enforcement of the

decisions of the Division of Human Resource Management that the proper

classification of their positions is Secretarial Assistant 3, Non-Stenographic,

Principal Clerk Typist and Secretarial Assistant 3, respectively.

 

ACTION:

The Merit System Board acknowledged the settlement.

B-33 MICHAEL SEARLS

Michael Searls, represented by Daniel J. Zirrith, Esq., seeks enforcement of

the Merit System Board's decision in In the Matter of Patrick Grady and(decided

Michael Searls, Fire Fighter (M2160A), Township of Bloomfield

September 10, 2002).

 

ACTION:

The Merit System Board denied the request.

B-34 JOSEPH TREIBER

The Department of Transportation (DOT), represented by Wanda Y. Ortiz,

DAG, petitions the Merit System Board for a stay of the Board's decision,

rendered on February 25, 2004, in which the Board granted reconsideration,

modified the removal of Joseph Treiber to a six-month suspension, and

awarded modified back pay, benefits and seniority. Additionally, Joseph

Treiber, represented by Arnold Shep Cohen, Esq., petitions the Board

enforcement of that decision.

ACTION:

The Merit System Board denied the request for a stay and

granted the request for enforcement.

 

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

23

B-35 ALBERTA THOMAS-LAMPTEY

Alberta Thomas-Lamptey, a former Assistant District Parole Supervisor with

the New Jersey State Parole Board, concerning her return to her former

permanent title at the end of her working test period, effective April 22, 2002,

was heard by Administrative Law Judge Steven C. Reback (ALJ), who

rendered his initial decision on February 23, 2004. At its meeting on June 9,

2004, the Merit System Board adopted the ALJ's recommendation to uphold

the appellant's return to her former permanent title. The proposed final

decision is now submitted for the Board's review.

 

ACTION:

The Merit System Board adopted the final decision.

VOTE: Flavella Branhan (No)

John Currie (Yes)

Margaret E. L. Howard (Yes)

Robert J. Long (Yes)

B-36 ROGER BORICHEWSKI

Roger Borichewski appeals the determination of the Division of Selection

Services which found that he did not meet the experience requirements for

the promotional examination for Administrator, Psychiatric Social Services

(PS5404K), Senator Garrett W. Hagedorn Center for Geriatrics.

 

ACTION:

The Merit System Board directed that this appeal be granted.

B-37 CHRYSTAL L. BROWN AND AMAINYUA N. PARKMAN

Chrystal L. Brown and Amainyua N. Parkman appeal the decisions of the

Division of Selection Services, which found that they did not meet the

experience requirements for the open competitive examination for Nursing

Services Clerk (S0183E).

 

 

ACTION:

The Merit System Board directed that these appeals be denied.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

24

B-38 KENNETH R. BUDDEN, ET AL.

Kenneth R. Budden, Milton Figueroa, Adam H. Hand and Christopher A.

Rose appeal the determinations of the Division of Selection Services which

found that they did not meet the experience requirements for the opencompetitive

examination for Engineer in Charge of Maintenance 2 (S6613D),

State of New Jersey.

 

ACTION:

The Merit System Board directed that these appeals be denied.

B-39 MARY BURKHEAD

Mary Burkhead appeals the determination of the Division of Selection

Services that she did not meet the education and experience requirements for

the promotional examination for Administrative Assistant 3 (PS6521H),

Department of Health and Senior Services.

 

ACTION:

The Merit System Board directed that this appeal be granted.

B-40 DORYS CANCEL

Dorys Cancel appeals the determination of the Division of Selection Services

that she did not meet the experience requirements for the open competitive

examination for Human Services Specialist 2, Bilingual English/Spanish

(C0363D), Middlesex County.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-41 ELLEN CHAUNCEY

Ellen Chauncey appeals the determination of the Division of Selection

Services, which found that she was below the minimum requirements in

experience for the open-competitive examination for Data Base Analyst 1

(S6666E).

 

 

ACTION:

The Merit System Board directed that this appeal be granted.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

25

B-42 THOMAS J. CLARK

Thomas J. Clark, a veteran, appeals the determination of the Division of

Selection Services that he did not meet the education and experience

requirements for the open competitive examination for Right of Way

Negotiator (S6736F), Department of Transportation.

 

ACTION:

The Merit System Board directed that this appeal be granted.

B-43 EDWARD B. COOK

Edward B. Cook 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 Counselor, Penal Institution (C0529E), Mercer

County.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-44 LINETTE DAVILA

Linette Davila appeals the decision of the Division of Selection Services

which found that she was below the minimum requirements in experience for

the promotional examination for Unemployment Insurance Clerk Bilingual in

Spanish & English (PS8664N), Department of Labor.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-45 JUDITH A. DESTRIBATS

Judith A. Destribats appeals the decision of the Division of Selection Services

which found that she did not meet the experience requirements for the

promotional examination for Senior Systems Analyst (PC0572E), Mercer

County.

 

 

ACTION:

The Merit System Board directed that this appeal be granted.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

26

B-46 GLENN DOUGLASS AND THOMAS LEWIS

Glenn Douglass and the Communications Workers of America Local 1040

(CWA), on behalf of Thomas Lewis appeal the determination 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 Industrial Manager 2, State Use Industries ( PS7400I),

South Woods State Prison.

 

ACTION:

The Merit System Board directed that these appeals be denied.

B-47 SAUNDRA DRAYTON

Saundra Drayton appeals the decision of the Division of Selection Services

that found that appellant lacked the required amount of permanent status in

a title to which the examination was open for Municipal Court Administrator

(PM0805E), Newark.

 

ACTION:

The Merit System Board directed that this appeal be granted.

B-48 BARBARA FINNEGAN

Barbara Finnegan appeals the determination of the Division of Selection

Services that she did not meet the education and experience requirements for

the promotional examination for Clinical Psychologist 1 (Mental Health

Services) (PS7009T), Department of Human Services.

 

ACTION:

The Merit System Board directed that this appeal be granted.

B-49 SARA GIBBONS

Sara Gibbsons appeals the determination of the Division of Selection Services

which found that she did not indicate the required license or registration on

her application and that she was below the experience requirements for the

open competitive examination for Motor Vehicle Operator 1 (S6679E),

Department of Corrections.

 

 

ACTION:

The Merit System Board directed that this appeal be denied.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

27

B-50 ARLEEN GOLDA

Arleen Golda appeals the decision of the Division of Selection Services which

found that she did not meet the experience requirements for the promotional

examination for Supervising Clerk (PC1053E), Union County.

 

ACTION:

The Merit System Board directed that this appeal be granted.

B-51 CHRISTINE HAIRSTON

Christine Hairston appeals the determination of the Division of Selection

Services that she did not meet the requirements for the promotional

examination for Secretarial Assistant 2, Non-Stenographic (PS6196U),

Division of State Lottery, Department of the Treasury.

 

ACTION:

The Merit System Board directed that this appeal be granted.

B-52 VALERIE L. HICKS

Valerie L. Hicks 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 Technical Assistant to the Construction Official

(M0443E), Newark.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-53 SHERRI HINCHMAN

Sherri Hinchman 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 Assistant Executive Director, Office of Aging (PC0610E),

Salem County.

 

 

ACTION:

The Merit System Board directed that this appeal be granted.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

28

B-54 MICHAEL J. HRBEK

Michael J. Hrbek appeals the decision of the Division of Selection Services

which found that per the substitution clause for education, he did not meet

the experience requirements for the promotional examination for Director of

Purchasing (PM0786E), Middletown Township.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-55 FRANK A. JOHNSON

Frank A. Johnson 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 Safety Telecommunicator, State Police

(S0206E).

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-56 KIM JOHNTRY

Kim Johntry appeals the determination of the Division of Selection Services

that she did not meet the education and experience requirements for the

promotional examination for Administrative Analyst 2 Data Processing

(PS6224I), Department of Corrections.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-57 MITCHELL A. KIRKUFF AND GEORGE OVERTON

Mitchell A. Kirkuff and George Overton appeal the determination of the

Division of Selection Services which found that they did were ineligible for

promotional examinations for General Supervisor Roads (PM1563D) and

Road Superintendent (PM1618D), Department of Public Works, Hamilton

Township.

 

 

ACTION:

The Merit System Board directed that these appeals be denied.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

29

B-58 CATHERINE M. KIRSCHNER

Catherine M. Kirschner appeals the decisions of the Division of Selection

Services which found that she did not meet the experience requirements for

the open competitive examinations for Transitional Customer Service

Representative 3 (S0204E) and Transitional Customer Service

Representative 4 (S0205E).

 

ACTION:

The Merit System Board directed that these appeals be denied.

B-59 RONALD M. LUCANTE

Ronald M. Lucante 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 Programmer 2 (PS8042L),

Banking and Insurance.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-60 TRACY L. LYON

Tracy L. Lyon appeals the decision of the Division of Selection Services which

found that she did not meet the experience requirements for the promotional

examination for Quality Assurance Specialist Health Services (PS8227K),

Department of Human Services.

 

ACTION:

The Merit System Board directed that this appeal be granted.

B-61 KATHLEEN MAKRIS

Kathleen Makris appeals the determination of the Division of Selection

Services that she did not meet the experience requirements for the open

competitive examination for Recreation Supervisor (M0423E), Township of

Bloomfield.

 

 

ACTION:

The Merit System Board directed that this appeal be granted.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

30

B-62 CAREN C. MEDINA

Caren C. Medina appeals the determination of the Division of Selection

Services that she did not meet the requirements for the promotional

examination for Principal Data Entry Machine Operator (PS8408I), State

Parole Board.

 

ACTION:

The Merit System Board directed that this appeal be granted.

B-63 WILLIAM A. MILES

William A. Miles appeals the decision of the Division of Selection Services

which found that he did not meet the experience requirements for open

competitive examination for Technical Assistant to the Construction Official

(M0443E), Newark.

 

ACTION:

The Merit System Board directed that this appeal be granted.

B-64 RAJAA' MITCHELL-BILAL

Rajaa' Mitchell-Bilal appeals the decision of the Division of Selection Services

which found that she did not meet the experience requirements for the

promotional examination for Principal Purchasing Assistant (PM0818E),

Newark School District.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-65 CHRISTOPHER MORRISON

Larry Krzyanowski, Personnel Assistant 1, Trenton Psychiatric Hospital, on

behalf of Christopher Morrison, appeals the decision of the Division of

Selection Services which found that Mr. Morrison did not meet the experience

requirements for the promotional examination for Coordinator, Systems

Analysis and Development (PS5896K), Trenton Psychiatric Hospital.

 

 

ACTION:

The Merit System Board directed that this appeal be granted.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

31

B-66 NADINE MOSEY

Nadine Mosey appeals the decision of the Division of Selection Services which

found that she did not meet the experience requirements for the promotional

examination for Principal Purchasing Assistant (PM0818E), Newark School

District.

 

ACTION:

The Merit System Board directed that this appeal be granted.

B-67 EVELYN MURPHY

Evelyn Murphy appeals the determination of the Division Selection Services

which found that she was below the minimum requirements in education and

experience for the promotional examination for Assistant Buyer (PS8243K),

Woodbridge Developmental Center.

 

ACTION:

The Merit System Board directed that this appeal be granted.

B-68 RONALD PAGODIN

Ronald Pagodin appeals the determination of the Division of Selection

Services that he did not meet the education and experience requirements for

the promotional examination for Senior Engineer Materials (PS7009T),

Department of Transportation.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-69 KAREN W. PAPPAS

Karen W. Pappas appeals the decision of the Division of Selection Services

which found that she did not meet the experience requirements pursuant to

an Education and Experience (E&E) Qualifying Examination for the title of

Regulatory Officer 2, Department of Health and Senior Services.

 

 

ACTION:

The Merit System Board directed that this appeal be granted.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

32

B-70 JODY PITTMAN

Jody Pittman 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 the Labor

Relations Assistant (PM143D), Newark School District.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-71 LYNN E. PITTS

Lynn E. Pitts 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 (PC0466E), Burlington County.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-72 JACQUELINE QUOMA

Jacqueline Quoma appeals the determination of the Division of Selection

Services that she did not meet the experience requirements for the open

competitive examination for Human Services Specialist 2 (C0413E), Morris

County.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-73 GREG ROMATOWSKI

Greg Romatowski 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 Truck Driver (PM1394D),

Middlesex County.

 

 

ACTION:

The Merit System Board directed that this appeal be granted.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

33

B-74 JESSICA L. SHEEHY

Jessica L. Sheehy appeals the determination of the Division of Selection

Services that she did not meet the experience requirements for the

promotional examination for Supervising Personnel Clerk (PM0744E), City of

Linden.

 

ACTION:

The Merit System Board directed that this appeal be granted.

B-75 PATRICIA STAFFORD

Patricia Stafford, represented by D. Gayle Loftis, Esq., appeals the

determination of the Division of Selection Services, which found that she was

ineligible for the promotional examination for Sheriff's Officer Captain

(PC3561B), Hudson County.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-76 KIMBERLY STALLINGS AND JOAN PYLYPIAK

Kimberly Stallings and Joan Pylypiak appeal the determinations of the

Division of Selection Services which found that they were below the

minimum requirements in experience for the promotional examination for

Data Processing Input/Output Control Specialist 2 (PS7340G), Department of

Environmental Protection (DEP).

 

ACTION:

The Merit System Board directed these appeals be granted.

B-77 JOHN F. SWEENEY

John F. Sweeney appeals the decision of the Division of Selection Services

which found that he did not meet the experience requirements for the

promotional examination for General Supervisor Roads (PM0282E), Long

Branch City.

 

 

ACTION:

The Merit System Board directed that this appeal be denied.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

34

B-78 RAYMOND P. TOMASZEWSKI

Raymond P. Tomaszewski appeals the decision of the Division of Selection

Services which found that he did not meet the experience requirements for

the promotional examination for Tree Superintendent (PM12673), Irvington.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-79 WIOLETA TUCCILLO

Wioleta Tuccillo appeals the determination of the Division of Selection

Services, which found that she did not submit the required transcript or list

of courses for the open competitive examination for Microbiologist 5

(S0166E), Department of Health and Senior Services.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-80 JONAH UMSTEAD

Jonah Umstead 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 Assistant Supervisor of

Building Repairs (PS8293P), Division of State Police.

 

ACTION:

The Merit System Board directed that this appeal be granted.

B-81 LARRY P. VENTRE, JR.

Larry P. Ventre, Jr., 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 Computer Operator 3

(PS4935D), Department of Community Affairs.

 

ACTION:

The Merit System Board directed that this appeal be granted.

B-82 KAREN WIRZMAN

Karen Wirzman appeals the determination of the Division of Selection

Services that she did not meet the experience requirements for the

promotional examination for Building Management Services Specialist 1

(PS5664K), Department of Human Services.

 

 

ACTION:

The Merit System Board directed that this appeal be granted.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

35

B-83 JAN ZAWISLAK

Jan Zawislak appeals the decision of the Division of Selection Services which

found that she did not meet the licensing requirements for the examination

for Construction Official (S9221E).

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-84 BEVERLY BRODOWSKI

Beverly Brodowski appeals her failing score and requests a make-up of the

promotional examination for Supervising Management and Operations

Analyst (PS79484U), Department of the Treasury.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-85 JESSICA BURGOS

Jessica Burgos appeals her score and requests a make-up for the promotional

examination for Administrative Analyst 1 (PS7173P), Juvenile Justice

Commission.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-86 LYNN LOYER

Lynn Loyer appeals her failing score and requests a make-up of the

promotional examination for Section Supervisor Fiscal Resources (PS7361H),

Department of Health and Senior Services.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-87 EDWARD PLUNKETT

Edward Plunkett appeals his score for the oral portion of the examination for

Police Captain (PM3560E), Hackensack.

 

 

ACTION:

The Merit System Board directed that this appeal be denied.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

36

B-88 ANNE SCHIADARESIS

Anne Schiadaresis appeals her score on the promotional examination for

Customized Training Representative 2 (PS4693N), Department of Labor.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-89 JOSEPH SYPHERD

Joseph Sypherd appeals his score for the oral portion of the examination for

Police Captain (PM3559E), Gloucester Township.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-90 DOLORES CORDERO

Dolores Cordero appeals the determination of the Division of Selection

Services which found that she was not permanent in a title to which the

promotional examination for Supervising Library Assistant (PM2027D),

Jersey City, was open.

 

ACTION:

The Merit System Board directed that this appeal be granted.

B-91 LILLIAN FOSTER

Lillian Foster appeals the administration of the open competitive

examination for Senior Training Technician (S0179E).

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-92 CARMEN PEDROZA

Carmen Pedroza appeals the administration of the promotional examination

for Management Assistant (PS5359H), Department of Health and Senior

Services.

 

 

ACTION:

The Merit System Board directed that this appeal be denied.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

37

B-93 VITTAL SITARAM

Vittal Sitaram appeals the validity of the promotional examination for

Principal Engineer, Structural Evaluation (PS7023T), Department of

Transportation.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-94 HOWARD STEIN

Howard Stein appeals the validity of the promotional examination for

Hearings and Review Officer, Labor (PS2801N), Department of Labor.

 

ACTION:

The Merit System Board directed that this appeal be denied.

B-95 STEPHANIE CICCHETTI

Stephanie Cicchetti requests that the provisions of N.J.A.C. 4A:4-2.6(a)(4) be

relaxed to accept her late application for the promotional examination for Tax

Clerk (PM1429E), Rockaway Township.

 

ACTION:

The Merit System Board directed that this appeal be granted.

B-96 RECENT COURT DECISIONS

Submitted for the Board's review are copies of decisions as follows: In the; In the matter of Susan Karpoff,;

matter of Howard Doherty, Correction Sergeant, Department of Corrections

(PS7099I) (Appellate Division, 4/5/04)

Department of Corrections, County of Middlesex (Appellate Division, 4/5/04)

 

 

Manuel A. Oliveira v. Northern State Prison, Department of Corrections

(Appellate Division, 4/5/04)

;

In the Matter of George Phillips (Appellate

Division, 4/6/04)

;

Dawn Steelman v. Cape May County Sheriff's Department

and Atlantic County Police Training Commission (Appellate Division,

4/23/04)

;

In the Matter of Dennis Benster (Appellate Division, 4/27/04).

Brief summaries of the cases are provided.

 

 

ACTION:

The Merit System Board noted the decisions.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

38

B-97 MERIT SYSTEM BOARD MINUTES

The minutes of the Merit System Board meeting of June 9, 2004 are

submitted for adoption.

 

ACTION:

The Merit System Board adopted the minutes.

B-98 MARIANNE OFENLOCH

The appeal of Marianne Ofenloch, a Ranger with the Department of

Environmental Protection, of the bypass of her name on the eligible list for

Chief Ranger 2 (PS5136G), Department of Environmental Protection, was

heard by Administrative Law Judge Israel D. Dubin (ALJ), who rendered his

initial decision on April 23, 2004, upholding the bypass of the appellant's

name. At its meeting on June 9, 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-99 EARLY SETTLEMENTS

Omayra Colon

County of Essex

Department of Public Safety

Suspension

Jane McNeill

North Jersey Developmental Center

Department of Human Services

Suspension

Kellie Miles

Department of Transportation

Release at the end of the working test period

 

 

ACTION:

The Merit System Board acknowledged the settlements.

MERIT SYSTEM BOARD MEETING JUNE 23, 2004

39

There being no further business before the Merit System Board, the

meeting was adjourned to convene on Wednesday, July 14, 2004 at 10:00

a.m., at 3 Station Plaza, Trenton, New Jersey.

______________________________

MARGARET E. L. HOWARD

PRESIDING

MERIT SYSTEM BOARD

 
 
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