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

 

  [Printable PDF Format]

Robert M. Czech, Chairperson

Robert E. Brenner

Thomas J. Perna

 

MAY 21, 2014

 

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    A regular meeting of the Civil Service Commission was held on Wednesday, May 21, 2014, in Trenton, New Jersey.

 

            PRESENT: Robert M. Czech, Chairperson, Members Robert E. Brenner and Thomas J. Perna; Pamela Ullman, Deputy Attorney General; Henry Maurer, Director, Division of Appeals and Regulatory Affairs.

 

            In accordance with L.1975, c.231, the Secretary to the Civil Service Commission 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 2, 2013, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.

 

    All actions were by unanimous vote unless otherwise specified.

 

 

SECTION A - HEARING MATTERS

 

A-1      SETTLEMENTS

 

In the Matter of Kenisha Anderson

Vineland Developmental Center

Department of Human Services

Release at the end of working test period

 

In the Matter of Talijah Clark 

Ann Klein Forensic Center

Department of Human Services

Removal

 

In the Matter of Ramon Gross

Ancora Psychiatric Hospital

Department of Human Services

Removal

 

In the Matter of Steven Harmon

Ann Klein Forensic Center

Department of Human Services

3 Removals

 

In the Matter of Robert Marfil

Passaic County

Sheriff's Department

Suspension

 

In the Matter of David E. Montanez

City of Hoboken

Suspension

 

In the Matter of Aiesha Tomlin

Vineland Developmental Center

Department of Human Services

Release at the end of working test period

 

In the Matter of Brian Widell (Consolidated)

Richard Stockton College

Department of Higher Education

Removal

 

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

 

ACTION:       The Civil Service Commission acknowledged the settlements.

 

A-2      JOHN ANDERSON 

 

John Anderson, Fire Fighter, City of Camden, removal effective March 1, 2013, on charges of conduct unbecoming a public employee, neglect of duty, other sufficient cause, violation of the City's drug and alcohol screening policy and violation of last chance agreement. 

 

Recommendation of the Administrative Law Judge - Uphold the removal.           

 

ACTION:       The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

 

A-3      LISA BROWN

 

Lisa Brown, Family Service Specialist 1, Department of Children and Families, return to previously held title at the end of working test period effective January 28, 2013.   

 

Recommendation of the Administrative Law Judge - Uphold the return to the previously held title of Family Service Specialist 2. 

 

ACTION:       The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

 

A-4      KENNETH CZARNECKI

 

Kenneth Czarnecki, Clerk 1, Middlesex County Board of Social Services, removal effective October 2, 2013, on charges of conduct unbecoming a public employee and other sufficient cause.

 

Recommendation of the Administrative Law Judge - Uphold the removal.

 

ACTION:       The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

 

A-5      YOHAIRA GARCIA

 

Yohaira Garcia, Human Services Specialist 1, Hudson County, Department of Family Service, 30 working day suspension on charges of conduct unbecoming a public employee, insubordination and other sufficient cause.

 

Recommendation of the Administrative Law Judge - Uphold the 30 working day suspension.

 

ACTION:       The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

 

A-6      ROSELAND JEAN

 

Roseland Jean, Probation Officer, Mercer Vicinage, Judiciary, six working day suspension on charges of failure to perform duties, neglect of duties, violation of the code of conduct and conduct unbecoming a public employee.

 

Recommendation of the Administrative Law Judge - Dismiss the appeal.

 

ACTION:       The Civil Service Commission affirmed the recommendation of the Administrative Law Judge and directed that this matter be referred to the Division of Appeals and Regulatory Affairs for processing as a minor disciplinary appeal.

 

A-7      PATRICIA LEHMAN

 

Patricia Lehman, Senior Clerk Typist, Township of Sparta, Department of Public Works, appeals the good faith of her layoff effective June 18, 2010.

 

Recommendation of the Administrative Law Judge - Uphold the layoff.

 

ACTION:       The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

 

A-8      RONALD MATLOCK

 

Ronald Matlock, Youth Worker Supervisor, Mercer County, Department of Human Services, removal effective April 21, 2011, on charges of conduct unbecoming a public employee, other sufficient cause, personal conduct, physical or mental abuse of a patient, client, resident or employee, inappropriate physical contact or mistreatment of a patient, client, resident or employee, safety and security, violation of administrative procedures and or regulations involving safety and security, violation of a rule, regulation, policy, procedure, order, or administrative decision, intentional abuse or misuse of authority or position.

 

Recommendation of the Administrative Law Judge - Uphold the removal.

 

ACTION:       The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

 

A-9      JAMES MUMFORD

 

James Mumford, Tree Maintenance Worker, Hudson County, Department of Parks, Engineering and Planning, 30 working day suspension on charges of neglect of duty, insubordination, negligence, other sufficient cause and conduct unbecoming a public employee.

 

Recommendation of the Administrative Law Judge - Modify the 30 working day suspension to a seven working day suspension.

 

ACTION:       The Civil Service Commission rejected the recommendation of the Administrative Law Judge and upheld the 30 working day suspension.

 

A-10    GODWIN OGUNMEFUN

 

Godwin Ogunmefun, Parole Officer Recruit, New Jersey State Parole Board, removal effective October 12, 2012, on charges of other sufficient cause and failure to successfully complete any instruction area after remedial training during the recruit's training cycles.

 

Recommendation of the Administrative Law Judge - Grant summary decision and dismiss the appeal.

 

ACTION:       The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

 

A-11    EARLY SETTLEMENT

 

In the Matter of Allison Eastmead

New Lisbon Developmental Center

Department of Human Services

Removal

 

ACTION:       The Civil Service Commission acknowledged the settlement.

 

A-12    SETTLEMENT

 

In the Matter of Jason Bergstrom

Hamilton Township Fire District No.  7

Suspension

 

ACTION:       The Civil Service Commission acknowledged the settlement.

 

 

SECTION B - MISCELLANEOUS MATTERS

 

B-1      CHANGE IN CLASSIFICATION PLAN - TITLE INACTIVATION

 

            The Division of Classification and Personnel Management requests inactivation of the local title Clerk 1/Telephone Operator.

 

ACTION:       The Civil Service Commission directed that this request be granted.

 

B-2      JONATHAN SMITH

 

Jonathan Smith, represented by Stuart Alterman, Esq., appeals his rejection as a Police Officer candidate by Gloucester Township and its request to remove his name from the eligible list for Police Officer (S9999M) on the basis of psychological unfitness to perform effectively the duties of the position.

 

ACTION:       The Civil Service Commission directed that this appeal be granted.

 

B-3      BRUCE KENTOS

 

Bruce Kentos, a Sheriff's Officer with Middlesex County, represented by Timothy R. Smith, Esq., petitions the Civil Service Commission for interim relief of his immediate suspension without pay effective January 17, 2014.

 

ACTION:       The Civil Service Commission directed that this request be denied.

 

B-4      DAVID NEGRA

 

David Negra, a Police Officer with the City of East Orange, represented by John Anello, Esq., petitions the Civil Service Commission for interim relief of his immediate suspension without pay effective October 31, 2013.

 

ACTION:       The Civil Service Commission directed that the petitioner's immediate suspension be upheld, but the petitioner be awarded back pay and restoration of sick leave from October 31, 2013 through January 2, 2014.

 

B-5      TINISHIA WILLIAMS

 

Tinishia Williams, a Practical Nurse at Ancora Psychiatric Hospital, Department of Human Services, appeals the failure to pay her overtime pay for work on a holiday.

 

ACTION:       The Civil Service Commission directed that this matter be held over.

 

B-6      MICHAEL CIERI

 

Michael Cieri, represented by Kurt David Raatzs, Esq., appeals the decision of the Division of Classification and Personnel Management, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9987M), Department of Corrections, eligible list on the basis of falsification of his employment application.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-7      ANGIE COOPER

 

Angie Cooper appeals the determination of the Woodbine Developmental Center to remove her name from the eligible list for Supervisor Professional Residential Services (PS2066K), Woodbine Developmental Center, on the basis of her disciplinary record.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-8      MICHELE DOLBOW

 

Michele Dolbow, represented by Michele Long-Vickers, CWA Local 1040, appeals the determination of the Woodbine Developmental Center to remove her name from the eligible list for Supervisor Professional Residential Services (PS2066K), Woodbine Developmental Center, on the basis of her disciplinary record.

 

ACTION:       The Civil Service Commission directed that this appeal be granted.

 

B-9      GREGORY GONCALVES

 

Gregory Goncalves, represented by Nicholas J. Palma, Esq., appeals the decision of the Division of Classification and Personnel Management, which upheld the removal of his name from the County Correction Officer (C9979M), Essex County, eligible list on the basis of an unsatisfactory driving record.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-10    DEAN SCHWANER

 

Dean Schwaner appeals the decision of the Division of Classification and Personnel Management, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the County Correction Officer (C9970M), Passaic County, eligible list on the basis of an unsatisfactory driving record.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-11    CHRISTOPHER BLATH

 

Kean University requests that Christopher Blath receive a retroactive date of appointment as a Campus Police Officer Recruit.

 

ACTION:       The Civil Service Commission directed that this request be granted.

 

B-12    PETER SCOTT

 

The Township of South Orange Village requests that Peter Scott be provided a retroactive appointment as a Fire Captain, effective May 31, 2013.

 

ACTION:       The Civil Service Commission directed that this request be granted.

 

B-13    SUZY RANDOLPH, EXECUTIVE ASSISTANT (C0618P), BERGEN COUNTY

 

Bergen County requests the removal of Suzy Randolph from the eligible list for Executive Assistant (C0618P) on the basis that she did not meet the announced requirements.

 

ACTION:       The Civil Service Commission directed that this request be granted.

 

B-14    CATERINE LACOMBE

 

Caterine Lacombe appeals the denial of her request for a make-up examination for Human Services Technician (PS1740K), Trenton Psychiatric Hospital.

 

ACTION:       The Civil Service Commission directed that this appeal be granted.

B-15    ABE REZAEIAN

 

Abe Rezaeian appeals the denial of his request for a make-up examination for Project Manager Transportation (PS6728T), Department of Transportation.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-16    JASON AMIDON

 

Jason Amidon appeals the decision of the Division of Classification and Personnel Management that the proper classification of his position with the Office of Information Technology is Software Development Specialist 2.  The appellant seeks a Software Development Specialist 3 job classification.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-17    EDISON ANDRADE

 

Edison Andrade appeals the decision of the Division of Classification and Personnel Management, which found that his position with the Department of Health is properly classified as a Public Health Representative 3 (Bilingual in Spanish and English).  The appellant seeks a Public Health Representative 2, Communicable Disease (Bilingual in Spanish and English) job classification.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-18    SANDRA I. GROSSMAN

 

Sandra I. Grossman appeals the decision of the Division of Classification and Personnel Management, which found that her position with the Motor Vehicle Commission is properly classified as a Principal Public Information Assistant.  The appellant seeks an Executive Assistant 3 job classification.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-19    GREGORY HANLEY

 

Gregory Hanley appeals the decision of the Division of Classification and Personnel Management that the proper classification of his position with the Department of the Treasury is Assistant Chief, Property Management.  The appellant seeks a Chief, Property Management job classification.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-20    COMMUNICATIONS OFFICER (C0466P), ESSEX COUNTY SHERIFF'S OFFICE

 

The Division of Classification and Personnel Management requests that the Civil Service Commission order the Essex County Sheriff's Office to return the April 3, 2013 certification of the eligible list for Communications Officer (C0466P) for proper disposition.

 

ACTION:       The Civil Service Commission ordered the appointing authority to properly dispose of the certification and pay compliance costs in the amount of $1,000.

 

B-21    COORDINATOR OF SOCIAL SERVICES (M0920P), IRVINGTON HOUSING AUTHORITY

 

The Irvington Housing Authority requests permission not to make an appointment from the July 1, 2013 certification for Coordinator of Social Services (M0920P).

 

ACTION:       The Civil Service Commission directed that this request be granted and assessed the appointing authority $2,048 for the costs of the selection process.

 

B-22    INSTRUCTOR OF IN-SERVICE NURSING (C0536P), ESSEX COUNTY

 

Essex County requests permission not to make an appointment from the November 8, 2012 certification for Instructor of In-Service Nursing (C0536P).

 

ACTION:       The Civil Service Commission directed that this request be granted and assessed selection costs in the amount of $2,048.

 

B-23    RONALD BARBER

 

Ronald Barber, represented by Michele Long-Vickers, CWA, petitions the Civil Service Commission for reconsideration of its final decision, rendered on March 13, 2014, which found him ineligible for the Assistant Supervisor of Professional Residential Services, Developmental Disabilities (PS8093K), Department of Human Services, examination.

 

ACTION:       The Civil Service Commission directed that this request be denied.

 

B-24    ANDREA STUMPF

 

Andrea Stumpf, represented by William O'Brien, Director, Public Affairs and Staff Representative, CWA Local 1039, petitions the Civil Service Commission for reconsideration of its final decision, rendered on December 4, 2013, which found her ineligible for the Administrative Analyst 4 (S0236R), examination.  The petitioner also requests a waiver of repayment of a salary overpayment.

 

ACTION:       The Civil Service Commission directed that these requests be denied.

 

B-25    M. Z.

 

M. Z., a former Customer Representative 2, Public Utilities, Board of Public Utilities, requests reconsideration of the final administrative decision, rendered on February 12, 2014, which denied his appeal of the determination of the Office of Equal Employment Opportunity and Affirmative Action, stating that it did not have jurisdiction over the petitioner's complaint since the complaint did not implicate the New Jersey State Policy Prohibiting Discrimination in the Workplace.

 

ACTION:       The Civil Service Commission directed that this petition be denied.

 

B-26    WILLIAM BARBER, JR.

 

The Department of Transportation appeals the determination of the Division of Selection Services which found that William Barber, Jr., was below the minimum requirements in experience for a prospective provisional appointment to the title of Technical Assistant 2, Purchasing.

 

ACTION:       The Civil Service Commission directed that this appeal be granted.

 

B-27    ELYSE CLARK AND JENNIFER CRESPO

 

Elyse Clark and Jennifer Crespo appeal the determinations of the Division of Selection Services which found that Ms. Clark was below the minimum requirements in experience and that Ms. Crespo, per the substitution clause for education, was below the minimum requirements in experience for the open competitive examination for Human Services Specialist 2 (C0735R), Warren County.

 

ACTION:       The Civil Service Commission directed that these appeals be granted.

 

B-28    ABBIE DIMEO

 

Abbie DiMeo appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Supervising Family Service Specialist 1 (PS8466K), Department of Children and Families.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-29    KERRY HAUBER

 

Kerry Hauber appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Supervising Family Service Specialist 1 (PS8468K), Department of Children and Families.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-30    KRISTIN C. HOFMANN

 

Kristin C. Hofmann appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Purchasing Assistant (PS6074U), Department of the Treasury.

 

ACTION:       The Civil Service Commission directed that this appeal be granted.

 

B-31    JANET MARTINEZ

 

Janet Martinez appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Supervising Family Service Specialist 1 (PS8468K), Department of Children and Families.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-32    SCOTT RIVERA

 

Scott Rivera appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for General Supervisor, Public Works (PM1386R), Hammonton.

 

ACTION:       The Civil Service Commission directed that this appeal be granted.

 

B-33    DEBORAH TAYLOR

 

Deborah Taylor appeals the determination of the Division of Selection Services that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Employment Specialist (PC1091R), Union County.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-34    CIVIL SERVICE COMMISSION MINUTES

 

Submitted for adoption are the Civil Service Commission minutes of its meeting of May 7, 2014.

 

ACTION:       The Civil Service Commission adopted the minutes of its

 

B-35    ANDRA HOPSON

 

Andra Hopson appeals the decision of the Division of Classification and Personnel Management that the proper classification of her position with the Department of the Treasury is Pensions Benefits 3.  The appellant seeks a classification of Pensions Benefits Specialist 2.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-36    MARIA M. RIVERA

 

Maria M. Rivera appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Administrative Secretary (PC1838R), Passaic County.

 

ACTION:       The Civil Service Commission directed that this appeal be granted.

 

B-37    COMMUNITY SERVICE WORKER (M0330P), ORANGE HOUSING

            AUTHORITY

 

The Orange Housing Authority requests permission not to make an appointment from the November 2, 2012 certification for Community Service Worker (M0330P).

 

ACTION:       The Civil Service Commission directed that this request be granted and assessed selection costs in the amount of $2,048.

 

B-38    JAMES BOELHOWER

 

James Boelhower, a Fire Prevention Specialist, Uniformed Fire Department, with the Woodbridge Fire District 1, represented Michael G. Kane, Esq., petitions the Civil Service Commission for interim relief of his suspension.

 

ACTION:       The Civil Service Commission directed that this request be denied.

 

B-39    ANTHONY FLEMING

 

The Director, Division of Selection Services, on behalf of the Department of the Treasury, requests that the provisions of N.J.A.C. 4A:4-1.1(c) be relaxed in order to allow Anthony Fleming to be provisionally appointed, pending promotional examination procedures, to the competitive title of Mechanical Equipment Specialist.

 

ACTION:       The Civil Service Commission directed that this request be granted.

 

B-40    STANLEY KOLBE, JR.

 

Stanley Kolbe, Jr., a candidate for Fire Fighter with the City of Pleasantville, petitions the Civil Service Commission for enforcement of the decision rendered on April 15, 2009 ordering his appointment.

 

ACTION:       The Civil Service Commission directed that this request be granted.

 

B-41    COLLEEN KELLER

 

Colleen Keller requests reconsideration of the decision rendered on February 12, 2014, which upheld the determination of the Division of Selection Services that she was below the minimum requirement in experience for the promotional examination for Manager 4, Environmental Protection, Technical/Scientific/Engineering (PS2873G), Department of Environmental Protection.

 

ACTION:       The Civil Service Commission directed that this request for reconsideration be granted.

 

B-42    LISA O'NEILL

 

Lisa O'Neill appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for a qualifying examination for Records Support Technician 3, Ocean County Sheriff's Office.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-43    CORRINE GARDEPE

 

Corrine Gardepe appeals the determination of the Division of Selection Services which found that she did not meet the minimum requirements in experience for the open competitive examination for Assistant Municipal Tax Collector (M0901R), Rockaway Township.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-44    CHANGE IN CLASSIFICATION PLAN - TITLE INACTIVATION

 

            The Division of Classification and Personnel Management requests inactivation of four unencumbered State titles.

 

 

 

ACTION:       The Civil Service Commission directed that this request be granted.

B-45    DOUGLAS DAND

 

            Monmouth County, represented by Christine Giordano Hanlon, Esq., requests interlocutory review of the attached order of Administrative Law Judge Ronald W. Reba in In the Matter of Douglas Dand, Monmouth County, Department of Corrections and Youth Services pursuant to N.J.S.A. 1:1-14.10(a).

 

ACTION:       The Civil Service Commission directed that this request for interlocutory review be granted and reversed the ALJ's order.

VOTE:           Robert M. Czech                   (Abstained)

                     Robert E. Brenner                  (Yes)

                     Thomas J. Perna                   (Yes)

 

B-46    D.B. AND T.J.

 

            D.B., a member of the Senior Executive Service, and T.J., a Contract Administrator 3, both with the Department of Health, appeal the decisions of the Chief of Staff of the DOH which substantiated that they violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.

 

ACTION:       The Civil Service Commission directed that these appeals be denied.

VOTE:           Robert M. Czech                   (Abstained)

                      Robert E. Brenner                  (Yes)

                     Thomas J. Perna                    (Yes)

 

B-47    INVESTIGATOR, PUBLIC DEFENDER TITLE SERIES

           

The Division of Classification and Personnel Management (CPM), on behalf of the Office of the Public Defender, requests the consolidation of the Investigator Public Defender and Advocate Representative title series.  CPM also recommends reallocation and renaming of the Investigator Trainee, Public Defender and Investigator Trainee, Public Defender (Bilingual in Spanish and English) titles to the non-competitive division of the career service in accordance with N.J.A.C. 4A:3-1.2.

 

ACTION:       The Civil Service Commission directed that these requests be granted.

 

B-48    CHANGE IN CLASSIFICATION PLAN - TITLE REACTIVATION

 

            The Division of Classification and Personnel Management requests reactivation of the Planetarium Technician title.

ACTION:       The Civil Service Commission directed that this request be granted.

 

There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, June 4, 2014, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

 
 
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