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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

Richard E. Williams

 

 

AUGUST 13, 2014

 

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    A regular meeting of the Civil Service Commission was held on Wednesday, August 13, 2014, in Trenton, New Jersey.

 

            PRESENT: Robert M. Czech, Chairperson, Members Robert E. Brenner, Thomas J. Perna and Richard E. Williams; Lisa Ruch, 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 Diego Aguirre

Ann Klein Forensic Center

Department of Human Services

Removal

 

In the Matter of Angelina C. Brescia

Essex County

Department of Citizen Services

Release at the end of working test period

 

In the Matter of Antoinette Brooks

Edna Mahan Correctional Facility for Woman

Department of Corrections

Suspension

 

In the Matter of Marcia Davis (Consolidated)

Edna Mahan Correctional Facility for Woman

Mountainview Youth Correctional Facility

Department of Corrections

Suspension

 

In the Matter of Olga Goimbert

Hunterdon Developmental Center

Department of Human Services

Resignation not in good standing

 

In the Matter of Jackson Guerrero

City of Newark

Police Department

Suspension

 

In the Matter of Robert Kornett

Monmouth County

Department of Corrections

Suspension

VOTE:           Robert M. Czech                   (Abstained)

                     Robert E. Brenner                 (Yes)

                    Thomas J. Perna                    (Yes)

                    Richard E. Williams               (Yes)

 

In the Matter of Tiffany Mincy

Trenton Psychiatric Hospital

Department of Human Services 

Suspension

 

In the Matter of Christopher Nnamdindu

Ancora Psychiatric Hospital

Department of Human Services

Removal

 

In the Matter of Eliezer Ramos

City of Trenton

Police Department

Suspension

 

In the Matter of John Schutts

Warren County

Department of Public Safety

Removal

 

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

 

ACTION:       The Civil Service Commission acknowledged the settlements.

 

A-2      COLBY ADAMS- CSC DOCKET NO. 2013-3549

OAL DOCKET NO. CSV: 09458-13

 

Colby Adams, Police Officer, City of Newark, Police Department, six month suspension on charges of chronic inefficiency, incompetency, or failure to perform duties and violation of Newark Police Department rules and regulations.

 

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

 

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

 

A-3      LAQUAN BUSH- CSC DOCKET NO. 2014-961

OAL DOCKET NO. CSR: 14630-13    

Laquan Bush, Senior Correction Officer, East Jersey State Prison, Department of Corrections, removal effective October 5, 2013, on charges of conduct unbecoming a public employee, fighting or creating a disturbance on State property, falsification, other sufficient cause, violation of a rule, regulation, policy, procedure, order or administrative decision, physical or mental abuse or an inmate, patient, client resident or employee, verbal abuse of an inmate, patient, client, resident, or employee and inappropriate physical contact or mistreatment of an inmate, patient, client, resident or employee.

 

Recommendation of the Administrative Law Judge - Reverse the removal.

 

ACTION:            The Civil Service Commission modified the recommendation of the Administrative Law Judge and imposed a 10-day suspension.

 

A-4      CHRISTOPHER GROS - CSC DOCKET NO. 2012-1223

OAL DOCKET NO. CSV: 13296-11

 

Christopher Gros, Laborer 1, West Milford Township, Municipal Utilities Authority, removal effective September 13, 2011, on charges of unexcused absence, harassment, insubordination, refusal to follow directions, failure to perform duties, inefficiency, violation of rules and regulations 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      MELVIN JONES (CONSOLIDATED) - CSC DOCKET NO. 2012-3095 & 2014-1706, OAL DOCKET NO. CSV: 5770-12 & 0778-14 

Melvin Jones, Supervisor Sanitation, Atlantic City, Department of Public Works, 180 day suspension and demotion to Laborer 1 effective August 6, 2012, on charges of incompetency, inefficiency, or failure to perform duties, neglect of duty, conduct unbecoming a public employee, misuse of public property, including public vehicles and removal effective November 22, 2013, on charges of inability to perform duties, chronic or excessive absenteeism and/or lateness, and other sufficient cause.

 

Recommendation of the Administrative Law Judge - Reverse the removal and modify the 180 day suspension and demotion to a 30 working day suspension and demotion to Equipment Operator.

 

ACTION:     The Civil Service Commission rejected the recommendation of the Administrative Law Judge and remanded this matter to the Office of Administrative Law.

 

A-6      RAVIN MORRISON- CSC DOCKET NO. 2014-1671

OAL DOCKET NO. CSV: 00844-14

 

Ravin Morrison, Principal Account Clerk, City of Newark, Department of Engineering, resignation not in good standing and removal effective August 19, 2013, on charges of resignation not in good standing, other sufficient cause, failure to comply with the terms and conditions of previously signed conditional letter of employment, failure to report to work for five consecutive days without approval and conduct unbecoming a public employee.

 

Recommendation of the Administrative Law Judge - Uphold the resignation not in good standing effective August 19, 2013.

 

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

 

A-7      STACIE PERCELLA- CSC DOCKET NO. 2014-1902

OAL DOCKET NO. CSV: 01647-14

 

Stacie Percella, Deputy Registrar of Vital Statistics/Keyboarding Clerk 3, City of Bayonne, Department of Public Works, 60 working day suspension on charges of conduct unbecoming a public employee, incompetency, inefficiency or failure to perform duties, neglect of duty, other sufficient cause, and providing inaccurate information.

 

Recommendation of the Administrative Law Judge - Dismiss the appeal.

 

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

 

A-8      GABRIEL PABON- CSC DOCKET NO. 2014-2775

OAL DOCKET NO. CSV: 6345-14

 

Gabriel Pabon, Page, Trenton Public Library, removal and release at the end of working test period effective February 20, 2014, on charges of incompetency, inefficiency or failure to perform duties, inability to perform duties and neglect of duty.

 

Recommendation of the Administrative Law Judge - Dismiss the appeal.

 

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

 

A-9      EDWARD SANTIAGO- CSC DOCKET NO. 2008-3461

OAL DOCKET NO. CSV: 01366-12          

Edward Santiago, Police Chief, City of Plainfield, Department of Public Affairs, good faith of his demotion to Police Captain in lieu of layoff effective April 11, 2008.

 

Recommendation of the Administrative Law Judge - Uphold the demotion to Police Captain in lieu of layoff.

 

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

 

A-10    EARLY SETTLEMENT

 

In the Matter of Leanorma Toney

Woodbine Developmental Center

Department of Human Services

Removal

 

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

 

ACTION:       The Civil Service Commission acknowledged the settlement.

 

 

SECTION B - MISCELLANEOUS MATTERS

 

B-1      M. P.  - CSC DOCKET NO. 2013-1212

 

M. P., represented by Darryl M. Sanders, Esq., appeals his rejection as a Police Officer candidate by the Borough of Roselle 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 denied.

 

B-2      ROBERT VOGT, ET AL. - CSC DOCKET NO. 2011-4505

 

The Superior Court of New Jersey, Appellate Division has remanded the matters of Robert Vogt, Gracia Hernandan, H. James Boor, Joseph A. Castagna, Timothy Hurley, Michael A. Perchun, Vera Smith and Charles Mays, Jr.'s appeals of the decision of the Superior Court of New Jersey, Law Division to allow them to exhaust their administrative remedies.

 

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

 

B-3      DIANA WESTLUND - CSC DOCKET NO. 2015-232

 

Berkeley Township requests that the provisions of N.J.A.C. 4A:4-7.1A(b) be relaxed in order to permit the retroactive Intergovernmental Transfer of Diana Westlund.

 

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

 

B-4      THOMAS M. JARDINE AND KARRIEM BEYAH -

CSC DOCKET NO. 2014-1810

 

Thomas M. Jardine and Karriem Beyah, Senior Correction Officers with the Department of Corrections, represented by Colin M. Lynch, Esq., appeal the determination of the appointing authority which denied them an increase in their vacation leave.

 

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

 

B-5      HENRIETTA BRASK - CSC DOCKET NO. 2014-2768

 

Henrietta Brask, a Supervisor of Nursing Services with the Department of Human Services, North Jersey Developmental Center, appeals her lateral displacement to the same title at Greystone Park Psychiatric Hospital.

 

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

 

B-6      TONI WILLIAMS - CSC DOCKET NO. 2014-2749

 

Toni Williams, a Social Worker 1 at Woodbridge Developmental Center, appeals her demotion in lieu of layoff to Social Worker 2.

 

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

 

B-7      SCOTT MCGILL - CSC DOCKET NO. 2015-235

 

Scott McGill requests a make-up for the Manager 1, Vocational Rehabilitation Services (PS4826N), Department of Labor examination.

 

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

 

B-8      DAVID VACIRCA - CSC DOCKET NO. 2014-2808

 

David Vacirca requests that he be permitted to amend his application for the Entry Level Law Enforcement Examination (S9999R).

 

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

 

B-9      ALBERT J. MARESCA, III - CSC DOCKET NO. 2014-1090

 

Albert J. Maresca, III, appeals the decision of the Division of Classification and Personnel Management, which upheld the removal of his name from the Fire Fighter (M2554M), City of Newark, eligible list due to his failure to meet the residency requirement.

 

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

 

B-10    DYLAN MARESCA - CSC DOCKET NO. 2014-1997

 

Dylan Maresca appeals the decision of the Division of Classification and Personnel Management, which upheld the removal of his name from the Fire Fighter (M2554M), City of Newark, eligible list due to his failure to meet the residency requirement.

 

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

 

B-11    LAURA OLEXA - CSC DOCKET NO. 2014-1723

 

Laura Olexa appeals the decision of the Division of Classification and Personnel Management which found that her position with the Department of Law and Public Safety, Division of State Police is properly classified as Supervising Accountant.  The appellant seeks an Administrative Analyst 1 job classification.

 

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

 

B-12    CLERK 4 (M0303R), CITY OF PLAINFIELD -

CSC DOCKET NO. 2014-2546

 

The City of Plainfield requests permission not to make an appointment from the August 13, 2013 certification for Clerk 4 (M0303R), City of Plainfield.

 

ACTION:       The Civil Service Commission granted an appointment waiver and assessed partial selection costs in the amount of $1,024.

 

B-13    EDDIE ACOSTA - CSC DOCKET NO. 2014-2172

 

The Department of Corrections requests reconsideration of the final administrative decision rendered on December 4, 2013, which restored Eddie Acosta's name to the Correction Officer Recruit (S9987M), Department of Corrections, eligible list.

 

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

 

B-14    MITCHELL KAFTON - CSC DOCKET NO. 2014-1982

 

Mitchell Kafton, a Police Officer with Jackson Township, represented by Robert Rosenberg, Esq., seeks reconsideration of the decision rendered on December 18, 2013 which modified his 10 working day suspension to a formal written reprimand.

 

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

 

B-15    NIKIA RIVERA - CSC DOCKET NO. 2014-2237

 

Nikia Rivera, a County Correction Officer with Cumberland County, represented by Stuart J. Alterman, Esq., requests reconsideration of that portion of the Civil Service Commission decision, rendered on December 18, 2013, denying her back pay.

 

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

 

B-16    MICHAEL AMABILE AND KIM RISCART-CARDELLA -

CSC DOCKET NOS. 2014-2957 AND 2014-3015

 

Michael Amabile and Kim Riscart-Cardella appeal the determinations of the Division of Selection Services that they did not meet the experience requirements for the promotional examination for Assistant Director of Maintenance Services (PC0010S), Hudson County.

 

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

 

B-17    DENISE BRANTLEY - CSC DOCKET NO. 2014-1486

 

Denise Brantley appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she was below the minimum requirements in experience for the open competitive examination for Customer Representative 3, Public Utilities (S0543R), Board of Public Utilities.

 

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

 

B-18    JOHN GRIFFITH - CSC DOCKET NO. 2014-2432

 

John Griffith appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the promotional examination for Administrative Analyst 2 (Data Processing) (PS1513H), Department of Health.

 

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

 

B-19    DAVID KELSEY - CSC DOCKET NO. 2014-3024

 

David Kelsey appeals the promotional examination for County Correction Captain (PC2004R), Atlantic County.

 

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

 

B-20    SCOTT WEED - CSC DOCKET NO. 2014-2416

 

Scott Weed appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the promotional examination for Administrative Analyst 2 (Data Processing) (PS1513H), Department of Health.

 

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

 

B-21    E.B.T. - CSC DOCKET NO. 2014-3242

           

The City of Hoboken (City), represented by Bryant Gonzalez, Esq., petitions the Civil Service Commission (Commission) for a stay of the Commission's decision in In the Matter of E.B.T. (CSC, decided April 9, 2014) pending the City's appeal to the Appellate Division of the Superior Court of New Jersey.

 

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

 

B-22    ADMINISTRATIVE ANALYST (C0561P), MERCER COUNTY -

CSC DOCKET NO. 2014-1826

 

Mercer County requests permission not to make an appointment from the April 22, 2013 certification for Administrative Analyst (C0561P).

 

ACTION:       The Civil Service Commission granted an appointment waiver, and no selection costs presently be assessed.

 

B-23    STATE GOVERNMENT MANAGERS - CSC DOCKET NO. 2015-307

 

The Governor's Office of Employee Relations (OER) requests that the provisions of N.J.A.C. 4A:3-4.5 and N.J.A.C. 4A:3-4.13 be relaxed in order to implement the wage provisions of the collective negotiations agreement between the State of New Jersey and the International Brotherhood of Electrical Workers, Local 30, for eligible State Government Managers.

 

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

 

B-24    CHANGE IN CLASSIFICATION PLAN - TITLE CREATION

 

The Division of Classification and Personnel Management requests the creation of the variant County Police Officer, Bilingual in Korean and English title.

 

 

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

 

B-25    C. P.  - CSC DOCKET NO. 2013-2826

 

C. P., appeals the request by the Department of Corrections to remove his name from the Correction Officer Recruit (S9987M) eligible list for medical unfitness to perform effectively the duties of the position.

 

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

 

B-26    F. P.  - CSC DOCKET NO. 2014-946

 

F. P., appeals the request by the County of Essex to remove his name from the County Correction Officer (C9979M) eligible list for medical unfitness to perform effectively the duties of the position.

 

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

 

B-27    KELLY MCVEIGH - CSC DOCKET NO. 2015-268

 

Kelly McVeigh appeals the decision of the Division of Selection Services denying his request for a make-up examination for Senior Engineer Traffic (PS7158T), Department of Transportation.

 

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

 

B-28    JOINT ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST - PENNY GRACIA ET AL., CAMDEN CITY POLICE DEPARTMENT AND FRATERNAL ORDER OF POLICE, LODGE 1 (FOP LODGE 1) V. CITY OF CAMDEN AND COUNTY OF CAMDEN, CSC DOCKET NOS. 2013-2016 ET AL.; PERC DOCKET NOS. CO-2013-094 AND CO-2014-106; OAL DOCKET NO. CSV 7220-13

 

Administrative Law Judge (ALJ) Joseph Lavery issued an Order of Consolidation and Predominant Interest in In the Matter of Penny Gracia et al., Camden City Police Department and Fraternal Order of Police, Lodge 1 (FOP Lodge 1) v. City of Camden and County of Camden. Based on the ALJ's Order, the Civil Service Commission and the Public Employment Relations Commission developed a Joint Order.  The proposed Order is now submitted for the Commission's adoption.

 

ACTION:       The Civil Service Commission adopted the joint order.

 

B-29    ELECTRONICS SYSTEMS TECHNICIAN (M0526R), VINELAND SCHOOL DISTRICT - CSC DOCKET NO. 2014-2898

 

Vineland School District requests permission not to make an appointment from the November 12, 2013 certification for Electronics Systems Technician (M0526R).

 

ACTION:       The Civil Service Commission granted an appointment waiver and assessed selection costs in the amount of $2,048.

 

B-30    ANTHONY DEMEO - CSC DOCKET NO. 2014-2967

 

Anthony DeMeo appeals the promotional examination for Sheriff's Officer Captain (PC2091R), Essex County.

 

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

 

B-31    CIVIL SERVICE COMMISSION MINUTES

 

Submitted for adoption are the Civil Service Commission minutes of its meeting of July 30, 2014.

 

ACTION:       The Civil Service Commission adopted the minutes of its July 30, 2014 meeting.

 

B-32    KYLE ALLEYNE, ET AL. - CSC DOCKET NO. 2015-25

 

            Irvington Township requests retroactive permanent appointment dates for Kyle Alleyne, Al-Jerome Burnett-Crawford, Patrick Cadet, Bao Ho, Brechner Jeannot, Terra Johnson, Andres Lebron, Albern Mondelus, Jamar Neal and Michael Wayloo, all Police Officers.

 

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

 

B-33    W.E. - CSC DOCKET NO. 2014-3017

 

            W.E., an Investigator 1, Taxation, with the Department of the Treasury, appeals the decision of the Office of Equal Employment Opportunity and Affirmative Action which substantiated that he violated the New Jersey State Police Policy Prohibiting Discrimination in the Workplace.

 

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

 

B-34    DIRECTOR OF SECURITY - CSC DOCKET NO. 2014-2157

 

            The Division of Classification and Personnel Management requests that the Civil Service Commission order Jersey City to return the May 15, 2013 certification (OL130665) of the eligible list for Director of Security (M1044P) for proper disposition.

 

ACTION:       The Civil Service Commission referred this matter to the Division of Classification and Personnel Management for a classification review.

 

B-35    ALEXIS MILLER - CSC DOCKET NO. 2014-2467

 

            Alexis Miller requests reconsideration of the final administrative decision rendered on February 26, 2014, which upheld the appointing authority's request to remove her name from the eligible list for Family Service Supervisor (PC0530N), Essex County.

 

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

 

B-36    WILLIAM PIERCE - CSC DOCKET NO. 2013-3358

OAL DOCKET NO. CSV 08936-13

 

The appeal of William Pierce, a Police Officer with the City of Hackensack, of his return to his previously held title at the end of his working test period, effective May 26, 2013, was before Administrative Law Judge Gail M. Cookson (ALJ), who rendered her initial decision on June 17, 2014.  At its meeting on July 30, 2014, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation to dismiss the appeal.  Rather, the Commission remanded the matter to the Office of Administrative Law.  The proposed decision is now submitted for the Commission's review.

 

ACTION:       The Civil Service Commission adopted the decision.

 

B-37    GAMALIEL CRUZ -  CSC DOCKET NO. 2012-3447

            OAL DOCKET NO. CSR 8054-11

 

The appeal of Gamaliel Cruz, a Police Officer, City of Vineland, of his removal, effective May 22, 2012, on charges, was before Administrative Law Judge Bruce M. Gorman (ALJ), who discontinued all proceedings in this matter upon the withdrawal of the charges and returned the matter to the Civil Service Commission (Commission) for appropriate disposition.  At its meeting on July 30, 2014, the Commission acknowledged the appellant's withdrawal of his appeal without prejudice.  The proposed final decision is now submitted for the Commission's review.

 

ACTION:       The Civil Service Commission adopted the final decision.

 

 

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

 
 
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