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

 [Printable PDF Format]

Hope L. Cooper, Chairperson
Flavella Branham
John Currie
Margaret E.L. Howard
Robert Long

 

A regular meeting of the Merit System Board was held on Wednesday June 11, 2008, in Trenton, New Jersey.


   PRESENT: Chairperson Hope L. Cooper, Merit System Board Members Flavella Branham, John Currie, Margaret E. L. Howard and Robert J. Long; Pamela Ullman, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.


   In accordance with L.1975, c.231, Chairperson Hope L. Cooper, 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 November 21, 2007, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

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.




WITHDRAWAL OF APPEALS


The following appeals were withdrawn and removed from the hearing calendar:


Vanessa Allen, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removals (2)


Allen G. Ansley, Sanitation Inspector, City of Trenton, Department of Public Works, removal.


Andrew Bailey, Senior Correction Officer, Mountainview Youth Correctional Facility, Department of Corrections, removals (2).


Clarence Barnes, Senior Correction Officer, Northern State Prison, Department of Corrections, removal.


Marshall Berry, County Correction Sergeant, Morris County, Office of the Sheriff, suspension.


Christopher Bowles, Police Officer, City of Newark, Police Department, suspension.


Matthew Cannarozzi, Police Officer, Jefferson Township, Police Department, suspension.


Sean P. Chinsoon, County Correction Officer, Monmouth County, Department of Corrections and Youth Services, indefinite suspension.


Desiree Clark, Clerk, County of Union, Department of Public Safety, suspension.


Donald Cotner, Senior Correction Officer, Edna Mahan Correctional Facility, Department of Corrections, suspension.


Caren Cunningham, Animal Control Officer, City of Asbury Park, Police Department, removal.


Ralph D'Aries, Chief Sanitary Inspector, County of Sussex, Department of Health and Human Services, suspension.


Shelly Dixon, Safety Specialist 2, Motor Vehicle Commission, suspension


Donte Evans, Institutional Trade Instructor 2-Cooking, New Jersey State Prison, Department Corrections, removal.


Mark Fernandes, Police Officer, City of Clifton, Police Department, removal.


Corri Ford, Laborer, Heavy, City of Trenton, Department of Public Works, suspension.


Patricia Giacalone, School Bus Driver, Vineland Public Schools, removal.


Scott Haemmerle, County Correction Sergeant, Ocean County, Department of Corrections, suspension.


Valerie Hicks, Technical Assistant Construction Official, City of Newark, Department of Engineering, return to formerly held permanent title at the end of the working test period.


George Heim, Maintenance Repairer, Ocean County Library, removal.


Andrzej Hein, Police Officer, Borough of Rutherford, removal.


Shirley Johnson-Russell, Clerk Typist, Winslow Township Police Department, removal.


Denise Jordan, County Correction Officer, Mercer County Department of Public Safety, suspension.


Crystol Leys, County Correction Officer Recruit, South Woods State Prison, Department of Corrections, removal and indefinite suspension.


Robert Mencor, Sanitation Driver, Woodbridge Township, Department of Public Works, indefinite suspension.


Bruce Miller, Police Officer, Township of Lower, Police Department, removal.


Joseph Miller, Animal Control Officer, City of Trenton, Department of Health and Human Services, removal.


Jose Montalvo, Police Officer, City of Newark, Police Department, removal and suspension.


Reginald Myrick, Security Officer, II, Newark Housing Authority, suspension.


Emilio Nazario, Sheriff's Officer, Mercer County Sheriff's Office, release at the end of the working test period.


David Otto, Equipment Operator, City of Trenton, Department of Recreation, suspension.


Joe Perry, Community Youth Worker, Hudson County, Department of Corrections, 3 suspensions and removal.


Angela Puzyski, Messenger, Ocean County Board of Social Services, release at the end of the working test period.


Roberto Rivera, School Bus Driver, Vineland Public Schools, removal.


Elizabeth Rodriguez, Dietitian, County of Morris, Department of Senior Disability and Veteran Services, good faith layoff.


Milagros, P. Rodriguez, Human Services Specialist 2, Passaic County Board of Social Services, return to formerly held permanent title at the end of the working test period.


Leonidas Rogers, Building Maintenance Worker/Groundskeeper, Glassboro Housing Authority, good faith layoff.


Clayton Russell, Human Services Assistant, Woodbine Developmental Center, Department of Human Services, indefinite suspension.


John Sammons, Judiciary Clerk 3, Judiciary, Atlantic City, suspension.


Clifton Square, Supply Support Technician 2, Department of the Treasury, removal.


William Trainer, County Correction Officer, Camden County, Department of Corrections, suspension.


Evangeline Tutt, Claims Adjudicator, Disability Determinations, Department of Labor and Workforce Planning, release at the end of the working test period.


Paul Van Praag, Social Worker, Monmouth County, Department of Human Services, return to formerly held permanent title at the end of the working test period.


William Weidman, Plumber, Cumberland County, Department of Buildings and Grounds, removal.


Michael Walsh, Claims Adjudicator, Disability Determinations, Department of Labor and Workforce Planning, release at the end of the working test period.


Louis Wohltmann, Police Officer, City of Newark, Police Department, 3 suspensions.


Kenneth Wolfe, Maintenance Repairer, Newark Housing Authority, good faith layoff.


Scott Zielinski, Human Services Specialist 1, release at the end of the working test period.


DISMISSAL OF APPEALS - FAILURE TO APPEAR


The Merit System Board dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:


Mahmoud Amer, Department of Corrections, Discrimination appeal.


Jeffrey Benson, Supervising Maintenance Repairer, City of Trenton, Department of Recreation, demotion.


Renita Brown, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, resignation not in good standing.


Denise Campbell, Institutional Attendant, Atlantic County, Department of Human Services, removal.


Julio Garcia, Senior Food Service Handler, Ancora Psychiatric Hospital, Department of Human Services, removal.


Michael Grainger, Police Officer, City of Newark, Police Department, suspension.


Rachelle Harper, Residential Services Worker, Vineland Developmental Center, Department of Human Services, suspension.


Karen Lackey, Institutional Attendant, Atlantic County, Department of Human Services, release at the end of the working test period.


Ernest Lasczo, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal.


Linda Lewis, Senior Clerk, City of Camden, Department of Code Enforcement, suspension.


Carol Lowery, Human Services Technician, Greystone Park Psychiatric Hospital, Department of Human Services, removal and suspension.


Blane Milton, Laborer, City of Newark, Department of Neighborhood and Recreational Services, removal and suspension.


Yolanda Mirandai, Building Maintenance Worker, Hudson County, Department of Buildings and Grounds, suspensions (2).


Cynthia Myrick, Practical Nurse, Ancora Psychiatric Hospital, Department of Human Services, resignation not in good standing.


Gregory Nelson, County Correction Officer, Hudson County, Department of Corrections, resignation not in good standing.


Afrah Nyatome, Clerk, Hudson County, Department of Corrections, removal.


Bernadette Odom, Custodial Worker, Newark School District, removal.


John Peranteau, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, resignation not in good standing.


Benjamin Perez, Food Service Worker, Passaic County, Preakness Hospital, resignation not in good standing.


Keith Rogers, Water Repairer, City of Trenton, Water Department, suspension.


Daniel Turner, Compactor, Truck Driver, Monmouth County, Reclamation Center, suspension.


Wyman Williams, Laborer, City of Garfield, Department of Public Works, suspension and removal.

SECTION A - HEARING MATTERS


A-1   SETTLEMENTS


   In the Matter of Timothy Bethea

   County of Mercer

   Department of Public Safety

   Suspensions (2) and Removals (2)


   In the Matter of Deneen Felder

   County of Hudson

   Department of Corrections

   Suspensions (3) and Resignation not in good standing


   In the Matter of Luther T. Gregg

   Northern State Prison

   Department of Corrections

   Suspension

  

   In the Matter of John Inzinna

   County of Hudson

   Department of Corrections

   Suspensions (3)


   In the Matter of Barbara J. Lombardo

   Woodbridge Public Library

   Release at the end of the working test period


   In the Matter of Latisha Mann

   County of Salem

   Nursing and Convalescent Home

   Removal


   In the Matter of Gemma Mathews

   Hunterdon Developmental Center

   Department of Human Services

   Removal (2)


In the Matter of Constance O'Shea

County of Union

Department of Human Services

Suspension


   In the Matter of Roger Pemberton

   New Lisbon Developmental Center

   Department of Human Services

   Removal


   In the Matter of Maxine Pyles

   City of Plainfield

   Department of Administration and Finance

Suspension


   In the Matter of Jerrell Robinson

   Newark School District

Suspension and Removal


   In the Matter of Djenebou T. Soumah

   New Lisbon Developmental Center

   Department of Human Services

   Removal


   In the Matter of Lenny Tellado

   Middlesex County Board of Social Services

   Removal


   In the Matter of Thomas Tucker

   City of Plainfield

   Department of Public Affairs and Safety

   Suspension


   In the Matter of Paul Usine

   Newark Housing Authority

   Removal


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

  

   ACTION:   The Merit System Board acknowledged the settlements.



A-2   IBRAHIM ABDUL-HAQQ


Ibrahim Abdul-Haqq, a former Firefighter, with the City of Newark, Fire Department, appeals his award of back pay.

Recommendation of the Administrative Law Judge - Award back pay in the amount of $147,666.84 plus interest determined appropriate by the Merit System Board.


This matter was held over from the May 21, 2008 Merit System Board meeting for the receipt of additional cross exceptions.


ACTION:   The Merit System Board modified the recommendation of the        Administrative Law Judge to award back pay in the amount of        $148,732.94    plus interest from April 13, 2000 to February 25,        2002.



A-3   JAMES BRADLEY


James Bradley, Police Sergeant, Borough of Wildwood Crest, Department of Public Safety, eight-day suspension (64 hours) on charges of failure to comply with a Chief's orders, oral or written, and those of a superior and unauthorized absence from duty.

   Recommendation of the Administrative Law Judge - Modify the eight-day suspension to a 30-day suspension (240 hours).


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



A-4    TAHISHA COLLINS

  

Tahisha Collins, Senior Correction Officer, Juvenile Justice Commission, Department of Law and Public Safety, 15-day suspension on charges of insubordination, conduct unbecoming a public employee, and other sufficient cause.


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


   ACTION:   The Merit System Board modified the recommendation of the           Administrative Law Judge to uphold the 15-day suspension.


VOTE:   Hope L. Cooper       (Yes)

       Flavella Branham     (Yes)

       John Currie       (Yes)

       Margaret E. L. Howard     (Abstained)

       Robert J. Long       (Yes)



A-5   KARL HOWERTON


Karl Howerton, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, resignation not in good standing effective March 9, 2007, on the charge of being absent from duty for five or more consecutive business days without the approval of his supervisor.


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


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


A-6   BABINGTON ANYAELE, ET AL.


Babington Anyaele et al., Newark Housing Authority, appeal the good faith of their layoffs effective December 18, 2006, for reason of economy and efficiency.


Recommendation of the Administrative Law Judge - Grant motion for summary decision and dismiss the appeals.


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


VOTE:   Hope L. Cooper       (Abstained)

       Flavella Branham     (Yes)

       John Currie       (Yes)

       Margaret E. L. Howard     (Yes)

       Robert J. Long       (Yes)


A-7   ASA PARIS


Asa Paris, County Correction Officer, County of Mercer, Department of Public Safety, indefinite suspension, on charges of conduct unbecoming a public employee, and other sufficient cause: violation of a rule, regulation, policy, procedure, order or administrative decision.


Recommendation of the Administrative Law Judge - Grant appointing authority's motion for summary decision and award back pay from June 14, 2006 to July 30, 2006.


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


A-8   JOHN DARAKLIS


John Daraklis, Heavy Laborer, Township of Monroe, Department of Public Works, removal effective July 13, 2007, on charges of conduct unbecoming a public employee and violation of Federal regulations regarding drug and alcohol use by and testing of employees who perform functions related to the operation of commercial motor vehicles and State and local policies.


Recommendation of the Administrative Law Judge - Uphold the removal.


ACTION:   The Merit System Board modified the recommendation of the Administrative Law Judge to a 4-month suspension.


A-9   NILES BENNETT AND DAYSHINE DENNY (CONSOLIDATION)


Niles Bennett and Dayshine Denny, Human Services Assistants, Ancora Psychiatric Hospital, Department of Human Services, removals effective January 11, 2006, on charges of physical abuse of a patient, falsification, violation of administrative procedures and/or regulations regarding safety and security and failure to report injury, abuse or accident involving patient.


Recommendation of the Administrative Law Judge - Reverse the removals.


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


A-10   JENNIFER PAOLELLA


Jennifer Paolella, Human Services Assistant, Hunterdon Developmental Center, Department of Human Services, removal effective December 9, 2007, on the charge of chronic or excessive absenteeism from work without pay.


Recommendation of the Administrative Law Judge - Uphold the removal.


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


A-11   STANTON WASHINGTON


Stanton Washington, Senior Correction Officer, Northern State Prison, Department of Corrections, removal on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause.


Recommendation of the Administrative Law Judge - Modify the removal to a three-month suspension.


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


SECTION B - MISCELLANEOUS MATTERS


B-1   DERRICK FERRER


Derrick Ferrer, represented by Vincent J. Pancari, 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 (S9999F) 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-2   JERARD J. INGENITO


Jerard J. Ingenito, represented by James P. Swift, Esq., appeals his rejection as a Police Officer candidate by the City of Atlantic City and its request to remove his name from the eligible list for Police Officer (S9999F) 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-3   JOHN WOLTMANN, JR.


John Woltmann, Jr., represented by Catherine M. Elston, Esq., appeals his rejection as a Fire Fighter candidate by North Hudson Regional Fire and Rescue and its request to remove his name from the eligible list for Fire Fighter (M2244D) 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-4   BEATRICE BLIDI


Beatrice Blidi, a Human Services Assistant at New Lisbon Devleopmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.


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


B-5   EVELYN M. CONTI


Evelyn M. Conti, an Education Program Assistant 1 with the Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.


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


B-6   CARLA DICKERSON


Carla Dickerson, a Therapy Program Assistant with Trenton Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.


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


B-7   GARY KEEN


Gary Keen, a Senior Correction Officer with Bayside 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 granted.


B-8   JEANETTE LEE


Jeanette Lee, a Senior Correction Officer with Southern State Correctional Facility, Department of Corrections, represented by Robert S. Greenberg, Esq., appeals the denial of sick leave injury (SLI) benefits.


ACTION:   The Merit System Board referred the matter to the Medical        Examiners Panel.


B-9   MICHAEL SICKELS


Michael Sickels, a Regional Supervisor Emergency Service Patrol 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-10   LINDA STRING


Linda String, a Staff Nurse (12 Months) with the Department of the Treasury, appeals the denial of sick leave injury (SLI) benefits.


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


B-11   MARTIN V. CARLUCCIO


Martin V. Carluccio appeals the appointing authority's request to remove his name from the eligible list for Code Enforcement Officer Trainee (M6869G), Borough of Rutherford, on the basis that he falsified his application.


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


B-12   ANTHONY L. PARKER


Anthony L. Parker, represented by Samuel J. Halpern, Esq., appeals the decision of the former Division of Human Resource Information Services (HRIS), which found that the appointing authority had presented a sufficient basis to remove his name from the Police Officer (S9999F) Teaneck, eligible list on the basis of an unsatisfactory background report.


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


B-13   LOUISE ANN STEWART


Louise Ann Stewart, represented by Paula Dillon, Esq., appeals the decision of the Division of Local Human Resource Management (LHRM) which upheld the bypass of her name on the October 17, 2006 certification of the County Correction Sergeant (PC2629D), Hudson County eligible list. The appellant also appeals the bypass of her name on the April 27, 2007 certification for County Correction Sergeant (PC2629D), Hudson County List.


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


B-14   BUILDING INSPECTOR (M9110E), CITY OF JERSEY CITY


The appointing authority's failure to dispose of the certification for Building Inspector (M9110E), City of Jersey City, while a provisional is serving in the title, has been referred to the Merit System Board for enforcement.


ACTION:   The Merit System Board ordered the appointing authority to        remove the provisional appointee, make an appointment from        the certification and pay compliance costs.


B-15   CODE ENFORCEMENT OFFICER (M6222J), BOROUGH OF    SEASIDE HEIGHTS


The Borough of Seaside Heights requests permission not to make an appointment from the January 15, 2008 certification for Code Enforcement Officer (M6222J).


ACTION:   The Merit System Board granted the request for appointment        waiver but assessed selection costs in the amount $2,048.


B-16   TRAINING COORDINATOR (M1666J), CITY OF NEWARK


The City of Newark requests permission not to make an appointment from the July 9, 2007 certification for Training Coordinator (M1666J).


ACTION:    The Merit System Board granted the request for appointment        waiver but assessed selection costs in the amount $2,048.


B-17   MARY GARRISON


Mary Garrison, a Clerk Typist at Thomas Edison State College (College), appeals the determination of the President of the College stating that she had not been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.


ACTION:   The Merit System Board directed that this appeal be granted        and remanded the matter to the College for reevaluation of the        penalty imposed.


B-18   INVESTIGATOR, COUNTY WELFARE AGENCY


The Acting Director, Division of Local Human Resource Management (LHRM), on behalf of Ocean County Board of Social Services, requests that the movement of incumbents in the Human Services Specialist title series Investigator, County Welfare Agency, be considered a promotion.


ACTION:   The Merit System Board granted the request.


B-19   EUGENE DIGIACOMO AND WILLIAM ROBINSON


Eugene DiGiacomo and William Robinson, Police Captains with the City of East Orange, represented by Colin M. Lynch, Esq., petition the Merit System Board for retroactive dates of appointment and a stay of the promotional examination for Deputy Police Chief (PM3510K), City of East Orange.


ACTION:   The Merit System Board granted the petitioners' requests for        retroactive appointment dates to February 16, 2007 and the        conditional status of their examination admission be lifted but        denied the request for a stay.


B-20   THOMAS MCDONOUGH AND RICHARD NICHOLSON


Thomas McDonough and Richard Nicholson, Police Sergeants with the City of Trenton, represented by George T. Dougherty, Esq., request that the police Lieutenant (PM2604F), City of Trenton, eligible list be revived in order to effectuate their appointments.


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


B-21   KAREN WELLS


The Department of Corrections, on behalf of Karen Wells, requests relaxation of N.J.A.C. 4A:3-4.10(c) in order to address pay inequities as a result of the misclassification of her position.


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


B-22   MICHAEL LETCHKO


Michael Letchko, a School Bus Driver with the Brick Township School District, represented by Christopher W. Mikkelson, President, Transport Workers Union of America, Local 225, Branch 4, appeals his resignation in good standing.


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


B-23   CHARLES DOMINGUEZ AND DANIELLE VALIANTE-LUNA


Union County, on behalf of Charles Dominguez and Danielle Valiante-Luna, petitions the Merit System Board for reconsideration of the decision rendered on July 25, 2007 (In the Matter of Charles Dominguez, et al.) which found that they did not meet the education requirements for the open competitive examination for Human Services Specialist 1 (C1662J), Union County.


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


B-24   MARY E. LEONARD


Mary E. Leonard, a former Charge Nurse (12 Months) with Ancora Psychiatric Hospital, Department of Human Services, requests reconsideration of the Merit System Board decision rendered on January 16, 2008, denying her sick leave injury (SLI) benefits.


ACTION:   The Merit System Board granted reconsideration but affirmed        its prior decision denying SLI benefits.


B-25   JUSTO DELGADO


The appeal of Justo Delgado, a Laborer with the Union City, of his removal, effective July 11, 2005, on charges, was heard by Administrative Law Judge Imre Karaszegi (ALJ), who rendered his initial decision on March 27, 2008. At its meeting on May 21, 2008, the Merit System Board adopted the ALJ's recommendation 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-26   LEON LINTHICUM


The appeal of Leon Linthicum, a Police Officer with the Middle Township, of his removal effective June 4, 2007, on charges, was heard by Administrative Law Judge W. Todd Miller (ALJ), who rendered his initial decision on April 11, 2008. At its meeting on May 21, 2008, the Merit System Board did not adopt the ALJ's recommendation to modify the removal to a 90-day suspension. Rather, the Board modified the removal to a 120 working day suspension. The proposed decision is now submitted for the Board's review.


ACTION:   The Merit System Board adopted the decision.


B-27   DARRYL MIDDLETON


The appeal of Darryl Middleton, a Printing Machine Operator with the Department of Finance and Administration, Hudson County, of his 25-day and 45-day suspensions and removal, effective April 27, 2006, on charges, was heard by Administrative Law Judge Irene Jones (ALJ), who rendered her initial decision on January 17, 2008. At its meeting on May 21, 2008, the Merit System Board did not adopt the ALJ's recommendation to modify the 25-day suspension to a 10-day suspension, the 45-day suspension to a 15-day suspension and the removal to a 25-day suspension. Rather, the Board upheld the 25-day and 45-day suspensions and modified the removal to a 90-day suspension. The proposed decision is now submitted for the Board's review.


ACTION:   The Merit System Board adopted the decision.


B-28   KENNETH PETTIFORD


The appeal of Kenneth Pettiford, a Senior Correction Officer with the Central Reception and Assignment Facility, Department of Corrections, of his removal effective September 25, 2007, on charges, was heard by Administrative Law Judge (ALJ) Donald J. Stein, who rendered his initial decision on March 13, 2008. At its meeting on May 21, 2008, the Merit System Board adopted the ALJ's recommendation to modify the removal to a 60-day suspension. The proposed decision is now submitted for the Board's review.


ACTION:   The Merit System Board adopted the decision.


B-29   WALDEMER STRYZ


The appeal of Waldemer Stryz, a County Correction Officer with Hudson County, concerning his 30-day suspension, on charges, was heard by Administrative Law Judge Maria Mancini La Fiandra (ALJ), who rendered her initial decision on April 17, 2008. At its meeting on May 21, 2008, the Merit System Board did not adopt the ALJ's recommendation to reverse the 30-day suspension. Rather, the Board remanded the matter to the Office of Administrative Law for further proceedings. The proposed decision is now submitted for the Board's review.


ACTION:   The Merit System Board adopted the decision.


B-30   THOMAS E. BULWITH


Thomas E. Bulwith appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the open competitive examination for Chief Clerk (C8023J), Hudson County.


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


B-31   EDWARD CIER


On behalf of Edward Cier, the Department of Agriculture's Manager, Human Resources, appeals the determination of the Division of Selection Services which found that per the substitution clause for education, he was below the minimum requirements in experience for the promotional examination for Program Development Specialist 1 (Assistance Programs) (PS5778A), Department of Agriculture.


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


B-32   MARK DUNLAP


Mark Dunlap appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Data Processing Programmer 2 (PS1214T), Motor Vehicle Commission.


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


B-33   STEVEN FOSTEK, JR.


Steven Fostek, Jr. appeals the decision of the Division of Selection Services which found that he lacked the required amount of permanent status in a title to which the examination was open for Fire Captain (PM3593J), Harrison.


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


B-34   LAURA HANKIN


On behalf of Laura Hankin, the Warren County Personnel Director appeals the determination of the Division of Selection Services which found that Ms. Hankin did not meet the experience requirements for the promotional examination for Senior Library Assistant (PC0838J), Warren County.


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


B-35   JEFFREY HOLMES AND ROBERT THOMPSON


Jeffrey Holmes and Robert Thompson appeal the determinations of the Division of Selection Services which found that they were ineligible for the promotional examination for County Correction Captain (PC3608H), Ocean County.


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


B-36   TINA HOVINGTON, ET AL.


Tina Hovington, Scott Pezzano, and Frank Schofield appeal the decision of the Division of Selection Services that they did not meet the experience requirements for the open competitive examination for Interviewer, Courts (M1713J), City of Camden.


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


B-37   ROBERT KELLY


Robert Kelly appeals the determination for the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Operating Engineer Heating and Air Conditioning (PS5262J), Richard Stockton College of New Jersey.


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


B-38   BRIAN MCCONAGHY


Brian McConaghy appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, he was below the minimum requirements in experience for the promotional examination for Program Monitor (PC1819H), Ocean County.


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


B-39   LORRAINE NIETOS


Lorraine Nietos appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the open competitive examination for Contract Administrator 1 (C6951J), statewide.


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


B-40   BRIANNA D. PERSICHETTI, ET AL.


Brianna D. Persichetti, Felix E. Perez, and Anna Piekarewicz appeal the determinations of the Division of Selection Services which found that they did not meet the experience requirement for the open competitive examination for Social Worker 2, Corrections (S0611J), Department of Corrections.


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


B-41   MICHAEL PONZI


Michael Ponzi 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 Truck Driver/Welder (C0026K), County of Warren.


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


B-42   JOANNE C. TAYLOR


Joanne C. Taylor appeals the determination of the Division of State Human Resource Management (SHRM) which found that her name was properly bypassed on the promotional list for Supervising Family Service Specialist 1 (PS5464K), Department of Children and Families.


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


B-43   ALICE TOZZI


Alice Tozzi appeals the determination of the Division of Selection Services that she did not meet the experience requirement for the promotional examination for Senior Payroll Clerk (PS5208K), Department of Children and Families.


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


B-44   VINCENT BRUNETTI, ET AL.


Vincent Brunetti, Wayne Deal, Jay Johnson and Leonard Tilley appeal the rank and score of another candidate, Ron Saia, for the promotional examination for Supervisor, Roads (PC0864J), Atlantic County.


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


B-45   VIKKI CANONICO AND JANE WHITE


Vikki Canonico and Jane White appeal their ranks and scores for the promotional examination for Principal Clerk Typist (PS3696T), Department of Transportation.


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


B-46   RICHARD CANTZ


Richard Cantz appeals his score for the oral portion of the examination for Police Captain (PM3543H), Egg Harbor City. It is noted that the appellant failed the examination.


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


B-47   VALENTINA STOKES-POWELL


Valentina Stokes-Powell appeals her rank and score for the promotional examination for Secretarial Assistant 2 (Non-Stenographic) (PS3976P), Department of Law and Public Safety.


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


B-48   JUAN RODRIGUEZ


Juan Rodriguez appeals the scoring and test administration of the open competitive examination for Human Services Specialist 1 (Bilingual in Spanish and English) (C1473H), Cumberland County.


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


B-49   ANTHONY BROOKS, ET AL.


Anthony Brooks, Robert Strain and Jody Weiner appeal the test administration for the promotional examination for Fire Captain (PM3607J), Vineland.


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


B-50   RALPH CHIMENTO AND WILLIAM FISCHER


Ralph Chimento and William Fischer appeal the denial of their requests for make-up examination for Fire Lieutenant (PM2631J), Belleville and Fire Lieutenant (PM2644J), Teaneck, respectively.


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


B-51   FAY SHAW-CAMPBELL


Fay Shaw-Campbell appeals her late arrival at the test center and requests a make up test for the promotional examination for Supervising Clerk (PC0134J), Morris County.


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


B-52   JOHN DURNEY, JR.


John Durney, Jr. requests a review of the cognitive multiple choice portion of the examination for Fire Fighter (M9999H).


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


B-53   EDMUND SKWARA


Edmund Skwara appeals the decision of the Division of Selection Services concerning the correct answers to specific questions on the promotional examination for Engineering Technician 1 (PS3698T), Department of Transportation.


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


B-54   REACSCTION WITH AMENDMENTS: N.J.A.C. 4A:8, LAYOFFS


Submitted for the Board's approval for publication in the New Jersey Register, is a Notice of Proposal regarding the proposed readoption of N.J.A.C. 4A:8, Layoffs, with amendments. This rule chapter is scheduled to expire on June 30, 2008, but will be automatically extended for six moths upon the filing of a proposed readoption with the Office of Administrative Law. N.J.A.C. 4A:8 is proposed for readoption with amendments deleting references to "class levels" in local service in recognition of the Department of Personnel's utilization of class codes in local as well as State service.


ACTION:   The Merit System Board approved the readoption with          amendments for publishing in the New Jersey Register.


B-55   MERIT SYSTEM BOARD MINUTES


The Merit System Board minutes of its meeting of May 21, 2008 are submitted for adoption.


ACTION:   The Merit System Board adopted the minutes of its meeting of        May 21, 2008.


B-56   EDWIN GONZALEZ


Edwin Gonzalez, represented by Jeffrey R. Jablonski, Esq., appeals the decision of the Division of Local Human Resource Management which removed his name from the Sheriff's Officer Sergeant (PC2685G), Hudson County eligible list, because he was outside the organizational unit scope.


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


B-57   JACQUELINE GREGORY


Jacqueline Gregory, a Housing Assistance Technician with Atlantic City Housing Authority was removed and resigned not good standing from her position effective January 8, 2007 and she appealed those actions to the Merit System Board. Subsequently, Gregory filed a complaint with the Division on Civil Rights, which was also transmitted to the Office of Administrative Law. Administrative Law Judge Edgar R. Homes issued and order of consolidation and predominant interest regarding these matters. Submitted for the Board's review is a joint order of consolidation and predominant interest in In the Matters of Jacqueline Gregory.


ACTION:   The Merit System Board adopted the joint order.


B-58   STATE BUDGET SPECIALIST ET AL.


The Director of Classification and Compensation requests the reallocation of the State Budget Specialist title series to the noncompetitive division of the career service on an interim basis for one pay period.


ACTION:   The Merit System Board granted the request.


B-59   ROBERT JORDAN


Robert Jordan, Correction Sergeant with East Jersey State Prison, Department of Corrections, represented by Stuart Ball, Esq., seeks enforcement of the Merit System Board decision rendered on December 19, 2007 granting him back pay, benefits, seniority and counsel fees.


ACTION:   The Merit System Board awarded gross amount of $12,936.72 in      back pay, $36,060 in counsel fees and $4,850.60 in costs.


B-60   EARLY SETTLEMENT


Kathy Tyson

New Lisbon Developmental Center

Department of Human Services

Suspension


ACTION:   The Merit System Board acknowledged the settlement.


B-61   SALARY REGULATIONS, SUPPLEMENT 7, FY 2008


Salary Regulations, Supplement 7, Fiscal Year 2008 is submitted for the Board's review. The Supplement is an addition to Section 4, Miscellaneous Salary Regulation, concerning the movement of employees, without promotional procedures to a restructure title series.


ACTION:   The Merit System Board recorded the salary regulations.


B-62   SALARY REGULATIONS, SUPPLEMENT 8, FY 2008


Salary Regulations, Supplement 8, Fiscal Year 2008 is submitted for the Board's review. The Supplement provides for hourly rates for various types of emergency services.


ACTION:   The Merit System Board recorded the salary regulations.


There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, June 25, 2008 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

                

            ______________________________

                 HOPE L. COOPER

                 ACTING COMMISSIONER

               MERIT SYSTEM BOARD



 
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