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

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Rolando Torres, Jr., Chairman
Flavella Branham
John Currie
Robert Long

A regular meeting of the Merit System Board was held on Wednesday, October 19, 2005 , in Trenton , New Jersey .

PRESENT: Chairman Rolando Torres, Jr., Merit System Board Members, John Currie, Flavella Branham, 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, Chairman Rolando Torres Jr., 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 3, 2004, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

It is noted that items A-12 and 16 were considered out of sequential order and decided at the conclusion of Section B-Miscellaneous matters.

All actions were by unanimous vote unless otherwise specified.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Deborah T. Brown
County of Union
Runnells Hospital
Removal

In the Matter of Derrick Clemons
City of Newark
Police Department
Suspension

In the Matter of John Costello
City of Bayonne
Fire Protection Department
Suspension

In the Matter of Paul Denney
Albert C. Wagner Correctional Facility
Department of Corrections
Suspension

In the Matter of James Foster
County of Camden
Department of Corrections
Removal

In the Matter of Camyll Griffin
Vineland Developmental Center
Department of Human Services
Release at the end of the working test period

In the Matter of Joseph Schmidt
Department of Higher Education
Reprisal


In the Matter of Holly Walker
Hunterdon Developmental Center
Department of Human services
Removal

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

ACTION: The Merit System Board acknowledged the settlements.

A-2 GAETANO ANTONIELLO, ET AL

Gaetano Antoniello, et al, various titles, City of East Orange , Water Department, appeal the good faith of their layoff effective March 15, 2002 , for reasons of economy and efficiency.

Recommendation of the Administrative Law Judge - Grant Summary Decision and dismiss the appeals.

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

A-3 WILLIAM BEUCKMAN, JR.

William Beuckman, Jr., County Correction Officer, County of Burlington, County Jail, 25-day suspension on charges of incompetency, inefficiency or failure to perform duties, neglect of duty, and violation of various policies and procedures.

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

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a 10-day suspension.

A-4 DOUGLAS GOGAN

Douglas Gogan, County Correction Officer, County of Monmouth, Department of Corrections and Youth Services, ten-day suspension on the charge of unauthorized absence.

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-5 JOSEPH JOYCE

Joseph Joyce, Painter, Jersey City School District , six-month suspension on the charge of conduct unbecoming a public employee for theft of school property.

Recommendation of the Administrative Law Judge - Uphold the six-month suspension.

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

A-6 MARTIN KEYNTON

Martin Keynton, Crew Supervisor Building Repairer, Arthur Brisbane Child Treatment Center, Department of Human Services, ten-day suspension and demotion to the position of Crew Supervisor Repairers, effective November 1, 2003, on charges of conduct unbecoming a public employee and violation of a rule, regulation, policy, procedure, order, or administrative decision.

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

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

A-7 MARY MALONEY (CONSOLIDATION)

Mary Maloney, Supervising Research Analyst, Department of Human Services, appeals the determination of the Assistant Commissioner for Human Resources, stating that she failed to present sufficient evidence to support a finding that she had been subjected to violations of the New a Jersey State Policy Prohibiting Discrimination, Harassment, or Hostile Environments in the Workplace basis on her ethnicity, religion, and sexual orientation. Ms. Maloney also appeals a 1 5-day suspension on charges of being absent from work as scheduled without approval, violation of procedures, conduct unbecoming a public employee and insubordination.

Recommendation of the Administrative Law Judge - Dismiss the appeals with prejudice for failure to prosecute.

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

A-8 GERALD MORRISON

Gerald Morrison, Cottage Training Technician, New Lisbon Developmental Center , Department of Human Services, 20-day suspension on charges of leaving an assigned work area without permission creating a danger to persons and insubordination.

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-9 ANTHONY BAILEY

Anthony Bailey, County Correction Officer, County of Mercer, Department of Public Safety, removal effective December 18, 2003, on charges of violation of a settlement agreement, violation of County Drug Policy, insubordination, conduct unbecoming an public employee and violation of a policy, procedures and rule.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-10 JANICE KEELS

Janice Keels, Judiciary Clerk 2, Judiciary Passaic Vicinage, removal effective August 11, 2003 , on charges of conduct unbecoming a public employee, discrimination that affects equal employment including sexual harassment and other sufficient cause.

Recommendation of the Administrative Law Judge - Dismiss the appeal as untimely.

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

A-11 EUSTACIO MATIAS

Eustacio Matias, Senior Correction Officer, Juvenile Justice Commission, Department of Law and Public Safety, removal effective January 23, 2004, on charges of conduct unbecoming a public employee, neglect duty, inappropriate physical contact or mistreatment of an inmate/resident, and failure to report injury, abuse, or accident involving inmate/resident.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A motion was made and seconded that the open session be recessed and that, pursuant to Section 12(b) of the Open Public Meetings Act, the Merit System Board entered into Executive Session for the purpose of legal advice and the protect the privacy of patients in the matters of A-12 Steven McKoy and A-16-Craig Volious. The Board subsequently reconvened the public meeting.

A-12 STEVEN MCKOY

Steven McKoy, Human Services Assistant, Trenton Psychiatric Hospital, Department of Human Services, removal effective August 6, 2001, on charges of physical abuse of a patient, mistreatment of a patient and violation of a policy or procedure.

Recommendation of the Administrative Law Judge - Reverse the removal.

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to uphold the removal.

A-13 NIKKI MORRIS

Nikki Morris, Clerk Typist, Long Branch City Housing Authority, removal effective September 26, 2003 , on charges of conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-14 WAYNE ROESCH

Wayne Roesch, Police Officer, City of Jersey City, Police Department, removal effective October 28, 2002, on charges of violations of departmental regulations regarding drug use.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-15 DARIN ROYSTER

Darin Royster, Correction Officer Recruit, Juvenile Justice Commission, Department of Law and Public Safety, removal effective May 7, 2004, on charges of conduct unbecoming a public employee, and violation of rules regarding threatening, intimidating, harassing, coercing or interfering with fellow employees on state property, and racial and/sexual harassment, discrimination and/or retaliation.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-16 CRAIG VOLIOUS

Craig Volious, Human Services Technician, Hagedorn Gero-Psychiatric Hospital, Department of Human Services, removal effective September 24, 2002, on the charge of physical or mental abuse of a patient, client, resident or employee.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-17 OMAR THOMPSON

Omar Thompson, Senior Medical Security Officer, Ann Klein Forensic Center , Department of Human Services, removal effective October 29, 2003 , on the charge of physical abuse of a patient. This matter was previously presented to the Merit System Board at its regular meeting of September 7, 2005 , but was held over for testimony summary.

Recommendation of the Administrative Law Judge - Reverse the removal.

ACTION: The Merit System Board reversed the recommendation of the Administrative Law Judge to uphold the removal.

SECTION B - MISCELLANEOUS MATTERS

B-1 KEYONA T. FOREMAN

Keyona T. Foreman appeals the removal of her name from the (S9999D) eligible list for the title of Correction Officer Recruit, Department of Corrections on the basis of psychological unfitness.

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

B-2 SAMUEL GBADEBO

Samuel Gbadebo appeals the removal of his name from the (C2086D) eligible list for the title of Juvenile Detention Officer, County of Essex , on the basis of psychological unfitness.

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

B-3 AMOS L. OSBORNE

Amos L. Osborne, represented by Michael R. Hobbie, Esq., appeals his rejection as a Juvenile Detention Officer candidate by the County of Monmouth and its request to remove his name from the eligible list for Juvenile Detention Officer (S9999D) on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-4 JESSICA M. RIVERA

Jessica M. Rivera appeals her rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove her name from the eligible list for Correction Officer Recruit (S9999D) on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-5 LAWRENCE DUSKI

Lawrence Duski, a Senior Correction Officer at South Woods State Prison, Department of Corrections, represented by Robert C. Wolf, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-6 JAMES FINGER

James Finger, a Senior Correction Officer at South Woods State Prison, Department of Corrections, represented by Joseph A. Carmen, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-7 IRENE HART

Irene Hart, an Instructor Counselor at New Lisbon Developmental Center , Department of Human Services, represented by Barbara M. Paul, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-8 JERRY HEAD, ET AL.

Jerry Head, Maria Rivera, Diego Garcia, Ralph Trainer, Leonardo Herrera, Richard LaFiura, Kenneth Rowe, represented by Henry J. Cistrelli, Esq., and Ruth Saffold, Senior Correction Officers with Northern State Prison, Department of Corrections, appeal the denial of sick leave injury (SLI) benefits.

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

B-9 CHRISTINE JOHNSON

Christine Johnson, an Investigator with the Office of the Public Defender, appeals the denial of sick leave injury (SLI) benefits.

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

B-10 ANTHONY MINNUIES

Anthony Minnuies, an Automotive Mechanic 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 denied.

B-11 GAY NICHOLSON

Gay Nicholson, a Management Assistant with Greystone Park Psychiatric Hospital , Department of Human Services, represented by Benjamin Spivack, Staff Attorney, Communications Workers of America Local 1040, appeals the denial of sick leave injury (SLI) benefits.

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

B-12 LENNON ROSS

Lennon Ross, a Senior Correction Officer at Mountainview 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.

B-13 JULIA YINGST

Julia Yingst, a Day Care Center Technician with the Office of Education, 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-14 KAMAL ABDELAZIME

Kamal Abdelazime appeals the appointing authority's request to remove his name from the open competitive list for Family Service Specialist 2 (S6753F), Division of Youth and Family Services on the basis that he failed the qualifying oral communication examination.

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

B-15 JOHN GRIFFITHS

John Griffiths appeals the appointing authority's request to remove his name from the open competitive list for Family Service Specialist 2 (S6753F), Division of Youth and Family Services on the basis that he failed the qualifying oral communication examination.

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

B-16 SEBASTIAN IKE

Sebastian Ike appeals the appointing authority's request to remove his name from the open competitive list for Family Service Specialist 2 (S6753F), Division of Youth and Family Services on the basis that he failed the qualifying oral communication examination.

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

B-17 MICHAEL KANC

Michael Kanc appeals the decision of Human Resource Information Services (HRIS) which found that the Office of Information Technology (OIT) had presented a sufficient basis to remove his name from the eligible list for Manager 2, Information Processing (PS7874U), OIT, on the basis that he was not serving in the correct unit scope.

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

B-18 LILLIAN FOSTER

Lillian Foster appeals the decisions of Human Resource Information Services which upheld the removal of her name from the Right of Way Negotiator (S6736F) and Right of Way Negotiator Trainee (S6737F), Department of Transportation, eligible lists due to an unsatisfactory employment record.

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

B-19 SENIOR BUDGET EXAMINER

The City of Newark requests permission not to make an appointment from the certification for Senior Budget Examiner (M0808G), City of Newark .

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

B-20 CARMEN CASTRO-ALEMAN

Carmen Castro-Aleman, a Senior Claims Adjudicator Specialist (Disability Determinations) with the Department of Labor and Workforce Development (LWD), appeals the determination of the LWD that the appellant had failed to present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-21 DANIEL FLAHERTY

Daniel Flaherty, a Sergeant First Class with the New Jersey State Police, Department of Law and Public Safety, appeals the determination of the Deputy Chief of Staff 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 directed that this appeal be denied.

B-22 MAJORIE ACHEAMPONG

Majorie Acheampong, a Senior Building Maintenance Worker with The College of New Jersey, requests a hearing regarding her resignation not in good standing effective March 4, 2005 .

ACTION: The Merit System Board granted a hearing.

B-23 TERRENCE SHEFFIELD

Terrence Sheffield, represented by Anthony Iacullo, Esq., appeals his termination from employment as a County Correction Officer with the County of Essex .

ACTION: The Merit System Board directed that this appeal be dismissed for lack of jurisdiction.

B-24 CHARLES NEWSOME

Charles Newsome, a Senior Correction Officer with Northern State Prison, Department of Corrections (DOC), represented by Ciro A. Spina, III, Esq., seeks enforcement of the Merit System Board decision rendered on May 4, 2005 modifying his removal to a 90-day suspension and granting him back pay, benefits and seniority. The appointing authority, represented by Debra Kradjian -Stephans, DAG, requests reconsideration of the Board's May 4, 2005 decision.

ACTION: The Merit System Board granted reconsideration and rendered the request for enforcement moot.

B-25 MICHAEL CALDERONE

Michael Calderone requests reconsideration of the final administrative decision, rendered on February 23, 2005 , which upheld the determination of the Division of Selection Services that he did not meet the requirements for the promotional examination for Assistant Public Works Superintendent (PM0403F), Township of Saddle Brook.

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

B-26 JOHN JOHNSON

The appeal of John Johnson, a Truck Driver, Tandem Axle, with the Department of the Treasury, of his 15-day suspension on charges, was heard by Administrative Law Judge Anthony Bruno (ALJ), who rendered his initial decision on September 2, 2005 . At its meeting on October 5, 2005 , the Merit System Board did not adopt the ALJ's recommendation to modify the 15-day suspension to a five-day suspension. Rather, the Board determined that a 10-day suspension was warranted. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-27 WILLIAM MCGINNIS

The appeal of William McGinnis, a County Correction Officer with the County of Burlington , of two 10-day and 15-day suspensions, a 20-day suspension, and removal, effective April 26, 2005 , on charges, was heard by Administrative Law Judge Anthony T. Bruno, who rendered his initial decision on August 1, 2005. At its meeting on October 5, 2005 , the Merit System Board did not adopt the ALJ's recommendation to dismiss one of the 10-day suspensions and impose a fine of $25 for one of the 15-day suspensions. Rather, the Board dismissed the appellant's appeal with regard to these attendance violations. Additionally, the Board adopted the recommendation of the ALJ to uphold the appellant's removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-28 MANUEL OLIVEIRA

The remand from the Superior Court, Appellate Division, of the appeal of Manuel A. Oliveira, a Senior Correction Officer with Northern State Prison, Department of Corrections, of his removal effective May 31, 2001 , on charges was heard by Administrative Law Judge Robert J. Giordano (ALJ), who rendered his initial decision on August 19, 2005 . At its meeting on October 5, 2005 , the Board did not adopt the ALJ's recommendation to uphold the removal. Rather, the Board modified the removal to a six-month suspension. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the decision.

B-29 DENISE ANGEL, ET AL.

Denise Angel, Donna Keating, Kevin King, Nanci Patrizio, Judi Punzi, Steven Williams and Leonard Willis appeal the determinations of the Division of Selection Services that, per the substitution clause for education, they did not meet the experience requirements for the promotional examination for Taxpayer Service Representative 2 (PS6001U), Department of the Treasury.

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

B-30 TIFFANY BRANTLEY, ET AL.

Tiffany Brantley, Antwuanete Brown, Kenneth Cook, and Robert Ortiz 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 Investigator, Secured Facilities (PC0176G), Hudson County . John Geoghegan appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Investigator, Secured Facilities (PC0176G), Hudson County .

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

B-31 DEBORAH COWELL AND ARNOLD SCHIFF

Deborah Cowell and Arnold Schiff appeal the determination for the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Hazardous Site Mitigation Specialist 1 (PS5746G), Department of Environmental Protection.

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

B-32 MAHESH DESAI, ET AL.

Mahesh Desai, Eric Johnson, and Jayantilal Rana petition the Merit System Board for reconsideration of the decision rendered on April 6, 2005 ( In the Matter of Michael Carr, et al.) which found that they did not meet the experience requirements for the promotional examination for Project Engineer, Materials (PS3427T), Department of Transportation.

ACTION: The Merit System Board denied the request.

B-33 WILLIAM DONNELLY, ET AL.

William Donnelly, Michele O'Rahilly and Benita Woods appeal the determinations of the Division of Selection Services which found that, per the substitution clause for education, they were lacking the minimum requirements in experience for the promotional examination for Governmental Relations Specialist 3 (PS5614T), Motor Vehicle Commission.

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

B-34 GLORIA EGEMBA

Gloria Egemba 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 Administrative Analyst 1 (PS5312I), East Jersey State Prison.

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

B-35 JASON FABER, ET AL.

Jason Faber, Bryan Ferlanti, Christopher Hoitsma, Peter Palmer, and Joseph Pomykala appeal the determination of the Division of Selection Services which found that they were below the minimum requirements in experience for the promotional examination for Public Works Repairer (PM1632F), Borough of Fair Lawn. Jacob Mamo appeals the determination of the Division of Selection Services which found that he was not employed in the announced unit scope for the promotional examination for Public Works Repairer (PM1632F), Borough of Fair Lawn. John Williams appeals the determination of the Division of Selection Services which found that he did not possess the required amount of permanent status for the promotional examination for Public Workers Repairer (PM1632F), Borough of Fair Lawn.

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

B-36 VAL KAGAN

Val Kagan 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 Road Inspector (M6955G), Parsippany-Troy Hills.

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

B-37 SCOTT C. LEONARD

Scott C. Leonard appeals the determination of the Division of Selection Services that he did not meet the requirements for the promotional examination for Electrician (PS6037E), Department of Military and Veterans Affairs.

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

B-38 WANDA LOVE AND WILMA MENDOZA-LUCKENBACH

Wanda Love and Wilma Mendoza-Luckenbach appeal the determinations of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Supervisor of Accounts (PC0405G), Mercer County Board of Social Services.

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

B-39 CATHLEEN L. MISAWIC

Cathleen L. Misawic appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Senior Management Assistant (PS5286H), Department of Health and Senior Services.

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

B-40 TINA PEIFER

Tina Peifer appeals the determination of the Division of Selection Services that, per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Classification Officer 1 (PS4964I), Mountainview Youth Correctional Facility.

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

B-41 MICHAEL ZACK

Michael Zack appeals the determination of the Division of Selection Services that he did not meet the experience requirement for the promotional examination for Storekeeper 1 (PS2530G), Department of Environmental Protection.

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

B-42 DARREN CLEARY, ET AL.

Darren Cleary, Regina Gann, Diomedes Muniz, Lou Storer and Donna Van Pelt appeal their scores on the Truck Driver (PM1136F), Marlboro Township promotional examination.

ACTION: The Merit System Board directed that candidate William Koopman's UE score be changed from 90.000 to 80.000 and directed that the remainder of the appeals be denied.

B-43 WILLIAM C. ERKMAN

William C. Erkman, represented by Jonathan E. Diego, Esq., appeals his rank on the Fire Fighter (M2309E), City of Pleasantville , eligible list.

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

B-44 OVESTON COX

Oveston Cox appeals the test administration for the promotional examinations for Director of Custody Operations 1, Juvenile Justice Commission (PS2369P) and Director of Custody Operations 2, Juvenile Justice Commission (PS3020P).

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

B-45 JUDITH MULDOON

Judith Muldoon appeals the administration of the promotional examination for Quality Assurance Coordinator (PS3327K), Division of Youth and Family Services.

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

B-46 TEQUANDA REID

The Director, Division of Selection Services, on behalf of the Department of Corrections, requests relief in order to permit the promotion of Tequanda Reid, from the non-competitive title of Teaching Assistant, 12 Months, to the competitive title of Principal Clerk Typist.

ACTION: The Merit System Board granted the request.

B-47 PROPOSED AMENDMENTS: N.J.A.C. 4A:2, APPEALS, DISCIPLINE AND SEPARATION

Submitted for the Board's review is a Notice of Proposal regarding amendments to N.J.A.C. 4A:2, Appeals, Discipline and Separation. The amendments would bring the rules into alignment with current law and practice concerning the time frame for filing a petition for reconsideration and the ability of State employees to pursue other avenues for appealing major disciplinary action. The amendments would also clarify the situations in which minor disciplinary action is reviewable by the Merit System Board and clarify the rules governing indefinite suspensions in cases involving Pre-Trial Intervention and conditional discharge. Additionally, significant amendments to the rules pertaining to the calculation of back pay awards are proposed to comply with recent case law and to clarify the standards and burden of proof governing back pay disputes before the Merit System Board. It is recommended that the proposal be approved for publication in the New Jersey Register and on the Department's web site for public notice and comment.

ACTION: The Merit System Board approved the proposed amendments for publication.

B-48 PROPOSED AMENDMENTS: N.J.A.C. 4A:5-1.1, VETERANS AND DISABLED PREFERENCE

Submitted for the Board's review is a Notice of Proposal regarding amendments to N.J.A.C. 4A:5-1.1, Veterans and Disabled Veterans Preference. The amendment would conform the rule to P.L. 2005, c.64, which provides eligibility for merit system appointment purposes to certain persons who served during Operation Northern Watch and Operation Southern Watch. It is recommended that the proposal be approved for publication in the New Jersey Register and on the Department's web site for public notice and comment.

ACTION: The Merit System Board approved the proposed amendments for publication.

B-49 PROPOSED NEW RULE: N.J.A.C. 4A:3-3.7A, POLICE ASSISTANT TITLE: LOCAL SERVICE; AND PROPOSED AMENDMENTS: N.J.A.C. 4A:4, SELECTION AND APPOINTMENT AND 4A:8, LAYOFFS

Submitted for the Board's review is a Notice of Proposal regarding a proposed New Rule, N.J.A.C. 4A:3-3.7A (Police Assistant Title: Local Service) and proposed amendments to N.J.A.C. 4A:4 (Selection and Appointment) and 4A:8 (Layoffs). The proposed new rule and amendments would address changing CSC needs and practices regarding the examination process, appointments, retention of seniority, and the new local service title of Police Assistant, and would also reflect requirements ordered by the courts in such matters as make-ups and the certification process. It is recommended that the proposal be approved for publication in the New Jersey Register and on the Department's web site for public notice and comment.

ACTION: The Merit System Board approved the proposed new rule and amendments for publication.

B-50 MERIT SYSTEM BOARD MINTUES

The Merit System Board minutes of its meeting of October 5, 2005 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of October 5, 2005 .

B-51 EARLY SETTLEMENTS

Lori Bell
Vineland Developmental Center
Department of Human Services
Release at the end of the working test period

Ivette Lamboy
Hunterdon Developmental Center
Department of Human Services
Return to formerly held permanent title
at the end of the working test period

Kerry Ann Taylor
Vineland Developmental Center
Department of Human Services
Release at the end of the working
test period

ACTION:

There being no further business before the Merit System Board, the meeting was adjourned to convene on Thursday, November 3, 2005 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

______________________________

ROLANDO TORRES, JR.
ACTING COMMISSIONER
MERIT SYSTEM BOARD

 
 
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