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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
Vincent E. Giordano

A regular meeting of the Civil Service Commission was held on Wednesday, August 18, 2010, in Trenton, New Jersey.

 

PRESENT: Robert M. Czech, Chairperson, Members Flavella Branham and Vincent E. Giordano; Pamela Ullman, Deputy Attorney General; Henry Maurer, Director, Division of Merit System Practices and Labor Relations.

 

In accordance with L.1975, c.231, Robert M. Czech, Chairperson, 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 20, 2009 and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.

 

All other actions were by unanimous vote unless otherwise specified.


SECTION A - HEARING MATTERS

A-1      SETTLEMENTS

In the Matter of Brenda Byron
Department of Military and Veterans' Affairs
Removal

In the Matter of Aisha Carroll
City of Newark School District
Suspension

In the Matter of Nicole Furman-McPeak
Hunterdon Developmental Center
Department of Human Services
Suspension and Removal

In the Matter of Larry Mitchell
City of Newark School District
Removal

In the Matter of Thomas McNulty
Camden County
Department of Corrections
Suspension

In the Matter of Errica Reese
City of Newark
Police Department
Removal

In the Matter of Heather Rucci
New Lisbon Developmental Center
Department of Human Services
Resignation not in good standing


In the Matter of Tinishia Williams
Ancora Psychiatric Hospital
Department of Human Services
Suspension

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

            ACTION:       The Civil Service Commission acknowledged the settlements.

A-2      STEVE JONES

Steve Jones, Police Officer, City of Millville, Department of Public Safety, 15-working day suspension on charges of conduct unbecoming a public employee, misuse of public property including motor vehicles, other sufficient cause, misconduct, obedience to law and rules and operation of department vehicles.

Recommendation of the Administrative Law Judge - Dismiss the appeal without prejudice for lack of jurisdiction.

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

A-3      ORLANDO MERCADO

Orlando Mercado, Senior Correction Officer, Northern State Prison, Department of Corrections, 60-working day suspension on charges of conduct unbecoming a public employee, neglect of duty, falsification, violation of a rule, policy, procedure, order, or administrative decision and other sufficient cause.

Recommendation of the Administrative Law Judge - Modify the 60-working day suspension to a 35-working day suspension.

            ACTION:       The Civil Service Commission modified the recommendation of the Administrative Law Judge to uphold the 60-working day suspension.
            VOTE:           Robert M. Czech                   (Yes)
                                    Flavella Branham       (Yes)
                                    Vincent E. Giordano  (No)


A-4      TEANECK LAYOFFS - 2009
           
Yvonne Hunt, Police Officer and Steve Nacim, Police Officer, City of Teaneck appeal the good faith of their layoffs effective June 25, 2009, for reasons of economy and efficiency.

Recommendation of the Administrative Law Judge - Grant the appointing authority's motion to dismiss and uphold the layoffs.

ACTION:       The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
            VOTE:           Robert M. Czech                   (Yes)
                                    Flavella Branham       (Yes)
                                    Vincent E. Giordano  (Abstained)

A-5      WALTER ZAPOLUCH
           
Walter Zapoluch, Sheriff's Officer Sergeant, Hudson County, Office of the Sheriff, 45-working day suspension 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 - Uphold the 45-working day suspension.

ACTION:       The Civil Service Commission modified the recommendation of the Administrative Law Judge to a 60-working day suspension.
                  
A-6      ROBERT FERGUSON

Robert Ferguson, Senior Correction Officer, Adult Diagnostic and Treatment Center, Department of Corrections, removal on charges of conduct unbecoming a public employee,  improper or unauthorized contact with inmate, undue familiarity with inmates, parolees, their families, or friends, violation of administrative procedures and/or regulations involving safety and security, and other sufficient cause.

            Recommendation of the Administrative Law Judge - Reverse the removal.

            ACTION:       The Civil Service Commission remanded the matter to the Office of Administrative Law.


A-7      TOSHENA GRIFFIN

Toshena Griffin, Senior Correction Officer, Bayside State Prison, Department of Corrections, removal effective March 9, 2010 on charges of conduct unbecoming a public employee and falsification.

Recommendation of the Administrative Law Judge - Grant the appellant's motion for summary decision, dismiss the charges and deny the appointing authority's motion for summary decision.

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

A-8      JEFFREY STRICH
           
Jeffrey Strich, Senior Clerk Typist, Brick Township, Department of Administration and Finance, removal effective July 29, 2009, on charges of inability to perform duties, chronic or excessive absenteeism, conduct unbecoming a public employee, neglect of duty 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.
            VOTE:           Robert M. Czech                   (Yes)
                                    Flavella Branham       (Yes)
                                    Vincent E. Giordano  (No)

A-9      BIRDIE TREADWELL - SETTLEMENT

Birdie Treadwell, County Correction Officer, Hudson County, Corrections Department, removal effective July 21, 20009, on charges of inability to perform duties, incompetency, excessive absenteeism, job abandonment, and other sufficient cause.  Settled to a resignation in good standing.

Recommendation of the Administrative Law Judge - Acknowledge the settlement.

ACTION:       The Civil Service Commission acknowledge the settlement as clarified.


SECTION B - MISCELLANEOUS MATTERS

B-1      CHANGE IN THE STATE CLASSIFICATION PLAN

The Division of State and Local Operations requests that the title series of Tourism Representative be made common for local government use, effective August 1, 2008, so that proper classification of employees may be made in Cape May County.  Within State service, the title series will continue to be restricted to the Department of State.
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            ACTION:       The Civil Service Commission approved the request.


B-2      CHANGE IN THE STATE CLASSIFICATION PLAN

The Division of State and Local Operations requests the inactivation of 52 titles used in local service, effective July 17, 2010.
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ACTION:       The Civil Service Commission approved the inactivation of the titles.


B-3      CHANGE IN THE STATE CLASSIFICATION PLAN

The Motor Vehicle Commission (MVC) requests restructuring of the Field Monitor, Division of Motor Vehicles, title series, effective July 3, 2010.  The restructuring involves the renaming of the Field Monitor 2 and 1 titles to Compliance Officer 1 and 2, respectively, an upward salary re-evaluation at one level, the inactivation of the Field Monitor 3 title, and the creation of the Compliance Officer Apprentice title.  The International Federation of Professional and Technical Engineers (IFPTE) will remain as the bargaining unit representative for these titles.  It is noted that this matter was held over from the August 4, 2010 Civil Service Commission meeting.

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ACTION:       The Civil Service Commission approved the request.


B-4      CHANGE IN THE STATE CLASSIFICATION PLAN

The Motor Vehicle Commission (MVC) requests the establishment of a new title series, Technician, MVC, the consolidation of titles to the Technician, MVC, title series, and the elimination of the Customer Service Representative Trainee, Support Services Representative Trainee, Support Services Representative 3, Support Services Representative 1, and Examination Technician, Motor Vehicles, titles, effective July 3, 2010.  With the exception of the Senior Technician, MVC, title which has been placed in the "A" (Administrative and Clerical Services) employee relations group, the Office of Employee Relations has allocated the new titles to the "I" (Inspection and Security) employee relations group.  Therefore, the consolidation will result in the change of bargaining unit representative from the Communications Workers of America (CWA) to the International Federation of Professional and Technical Engineers (IFPTE) for the "I" titles.  It is noted that this matter was held over from the August 4, 2010 Civil Service Commission meeting.

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


B-5      CYNTHIA COX

Cynthia Cox, an Institutional Trade Instructor 2, Cooking at Bayside State Prison, Department of Corrections, represented by Linda T. Pirolli, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-6      SANDRA GELDER

Sandra Gelder, a Principal Clerk with the Juvenile Justice Commission, Department of Law and Public Safety, represented by Christopher Young, Staff Representative, CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.

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

B-7      GEORGE GOLDNER

George Goldner, a Senior Correction Officer with Mid-State Correctional Facility, Department of Corrections, represented by Daniel Geddes, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-8      ROBERTA HOROWITZ

Roberta Horowitz, a Medical Review Analyst with the Office of the Medicaid Inspector General, appeals the denial of sick leave injury (SLI) benefits.

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

B-9      TARA MITCHELL

Tara Mitchell, a Human Services Technician with Trenton Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-10    NINA MOORE

Nina Moore, a Senior Payroll Clerk with Ancora Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-11    LARRY MUHAMMAD

Larry Muhammad, a Senior Correction Officer at Northern State Prison, Department of Corrections, represented by Daniel Geddes, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-12    JEAN RATCLIFFE

Jean Ratcliffe, a Principal Clerk Typist with Greystone Park Psychiatric Hospital, Department of Human Services, represented by William L. Kauffman, Staff Representative, CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.

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

B-13    ROBERT SAUNDERS

Robert Saunders, a Senior Correction Officer with the New Jersey State Prison, Department of Corrections, represented by Daniel Geddes, Esq., appeals the denial of sick leave injury (SLI) benefits.

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


B-14    ERIC STAIB

Eric Staib, a Truck Driver, Single Axle, with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.

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

B-15    ALBERT STELL

Albert Stell, an Automotive Mechanic with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.

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

B-16    CLARA VINSON

Clara Vinson, an Institutional Trade Instructor 2, Cooking at South Woods State Prison, Department of Corrections, represented by S. Robert Freidel, Jr., Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-17    DANA GALLO, ET AL.

Monmouth County requests that Dana Gallo, LaTonya Johnson, Joseph Marino, Patrick McCaffrey, Brian McMenemy, Bryan Patterson, Michael Pecoraco, Christopher Rooney and Jeffrey Simon be granted special reemployment rights to the title of County Correction Officer.

ACTION:       The Civil Service Commission denied the request but directed that the above listed nine names and Christopher Geddis be restored to the S9999H eligible list and certified for appointment consideration.
            VOTE:           Robert M. Czech                   (Abstained)
                                    Flavella Branham       (Yes)
                                    Vincent E. Giordano  (Yes)


B-18    ORRIN NISBETT

The Township of Belleville requests that the eligible list for Fire Fighter (M2004A) be revived in order to effectuate the permanent appointment of Orrin Nisbett, effective February 23, 2004.

ACTION:       The Civil Service Commission granted the request.

B-19    ACCOUNT CLERK (M0061L), FORT LEE LIBRARY

Fort Lee Library requests permission not to make an appointment from the June 23, 2009 certification for Account Clerk (M0061L).

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

B-20    HOUSING INSPECTOR (C1071L), CAMDEN COUNTY

Camden County requests permission not to make an appointment from the January 12, 2010 certification for Housing Inspector.

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

B-21    INSPECTOR TRAINEE, MOSQUITO EXTERMINATION (C0137L), MORRIS COUNTY MOSQUITO EXTERMINATION COMMISSION

The Morris County Mosquito Extermination Commission requests permission not to make an appointment from the November 5, 2009 certification for Inspector Trainee, Mosquito Extermination (C0137L).

ACTION:       The Civil Service Commission granted the request for an appointment waiver and directed that no selection costs be assessed at this time.


B-22    MANAGER, TRANSPORTATION SYSTEMS (PS1543T), DEPARTMENT OF TRANSPORTATION

The Department of Transportation requests permission not to make an appointment from the October 29, 2009 certification for Manager, Transportation Systems (PS1543T).

ACTION:       The Civil Service Commission granted the request for an appointment waiver and directed that no selection costs be assessed at this time.

B-23    MECHANIC HELPER (C0733L), BURLINGTON COUNTY

Burlington County requests permission not to make an appointment from the February 9, 2010 certification for Mechanic Helper (C0733L).

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

B-24    REGISTERED ENVIRONMENTAL HEALTH SPECIALIST TRAINEE, PUBLIC HEALTH (M0247K), NEWARK

Newark requests permission not to make an appointment from the February 9, 2009 certification for Registered Environmental Health Specialist Trainee, Public Health (M0247K).

ACTION:       The Civil Service Commission granted the request for an appointment waiver but assessed selection costs in the amount of $2,048.
B-25    SENIOR AUDITOR (M6238H) AND (M0225K), NEWARK

Newark requests permission not to make an appointment from the September 2, 2008 certification for Senior Auditor (M6238H) and (M0225K).

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


B-26    SENIOR CODE ENFORCEMENT OFFICER (PM1563K), NEWARK

Newark requests permission not to make an appointment from the July 13, 2009 certification for Senior Code Enforcement Officer (PM1563K).

ACTION:       The Civil Service Commission granted the request for an appointment waiver but assessed selection costs in the amount of $1,114.

B-27    TRUCK DRIVER (C0883L), BURLINGTON COUNTY

Burlington County requests permission not to make an appointment from the December 1, 2009 certification for Truck Driver (C0883L).

ACTION:       The Civil Service Commission granted the request for an appointment waiver and directed that no selection costs be assessed at this time.

B-28    MARK MORGAN

Mark Morgan, an Institutional Trade Instructor 1, Sheet Metal-Aluminum at Albert C. Wagner Youth Correctional Facility, Department of Corrections, appeals the determination of the Director, Equal Employment Division, stating that the appellant had failed to present sufficient evidence to support a finding that he had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace.

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

B-29    BRADFORD L. WATSON

Bradford L. Watson, a Senior Claims Adjudicator, Disability Determinations, with the Department of Labor and Workforce Development, appeals the decision of the Commission, which found that the appellant failed to support a finding that he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.

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


B-30    DEBRA CHODOSH

Debra Chodosh appeals the decision of the Division of State and Local Operations which found that her position with the Department of the Treasury is correctly classified as Administrative Analyst 3, Data Processing.  She seeks an Administrative Analyst 1, Data Processing classification in these proceedings.

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

B-31    LORI JAMES

Lori James appeals the decision of the Division of Local Human Resource Management that her position is properly classified as Senior Account Clerk Typing.

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

B-32    BETH WILEY

Beth Wiley appeals the decision of the Division of State and Local Operations that the proper classification of her position with the Department of the Treasury is Technical Program Assistant.   The appellant seeks a Senior Management Assistant classification.

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

B-33    GEORGE AHERNS

George Aherns, a County Correction Sergeant with Hudson County, represented by Patrick Toscano, Jr., Esq., seeks counsel fees pursuant to the Civil Service Commission decision rendered on July 16, 2008, which awarded him counsel fees with respect to the 20-day suspension.

ACTION:       The Civil Service Commission granted the appellant $7,140 in counsel fees.


 B-34   LILLIAN D. CHILDS

Lillian D. Childs, Senior Correction Officer, East Jersey State Prison, appeals an official written reprimand issued by the Department of Corrections.

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

B-35    LOUISA OJEDA

Louisa Ojeda, Probation Officer represented by Lynsey A. Stehling, Esq., appeals a three day suspension issued by the Judiciary.

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

B-36    ALEX PUGLIESE

Alex Pugliese, Senior Correction Officer, Adult Diagnostic and Treatment Center, appeals an official written reprimand issued by the Department of Corrections.

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

B-37    NANETTE VEGA

Nanette Vega, Senior Correction Officer, East Jersey State Prison, appeals a three day suspension issued by the Department of Corrections.

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


B-38    PATRICK BURNS

The City of Bayonne, represented by Anthony V. D'Elia, Esq., petitions the Civil Service Commission for reconsideration of the final decision, rendered April 28, 2010, which modified the removal of Patrick Burns, a Police Sergeant, to a six-month suspension.

ACTION:       The Civil Service Commission granted the request for reconsideration but affirmed its prior decision.
            VOTE:           Robert M. Czech                   (Abstained)
                                    Flavella Branham       (Yes)
                                    Vincent E. Giordano  (Yes)

B-39    TAIA CARTER

Taia Carter requests reconsideration of the final administrative determination in In the Matter of Taia Carter, et al.  (CSC, decided April 28, 2010).

ACTION:       The Civil Service Commission denied the request for reconsideration.

B-40    GLORIA T. GRANT

Gloria T. Grant requests reconsideration of the decision rendered on January 13, 2010, which upheld the validity of the promotional examination for Section Chief, Environmental Protection (PS2371G), Department of Environmental Protection.

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

B-41    TOMASINA JOHNSON

Greystone Park Psychiatric Hospital, Department of Human Services, requests reconsideration of the final administrative decision, rendered on November 5, 2009, granting Tomasina John's request for sick leave injury (SLI) benefits.

ACTION:       The Civil Service Commission denied the request for reconsideration.


B-42    JOHN ONUKOGU

John Onukogu, a former Cottage Training Technician with the Hunterdon Developmental Center, Department of Human Services, requests reconsideration of the decision rendered on December 2, 2009, which dismissed his appeals regarding his 10-day suspension and removal as moot.

ACTION:       The Civil Service Commission denied the request for reconsideration.

B-43    IBN AKBAR RICHARDSON

The Department of Corrections requests reconsideration of the final administrative decision, rendered on September 16, 2009, granting Ibn Akbar Richardson's request to restore his name to the eligible list for Correction Officer Recruit (S9999H).

ACTION:       The Civil Service Commission denied the request for reconsideration.

B-44    RUPESH SHAH

Rupesh Shah, Communications Operator Secured Facilities, East Jersey State Prison, represented by Joseph Tartza, IFPTE representative, requests reconsideration of the Commission's decision rendered on November 5, 2009, denying his appeal of a five day suspension.

ACTION:       The Civil Service Commission denied the request for reconsideration.

B-45    EILEEN VEGA

Northern State Prison, Department of Corrections, requests reconsideration of the final administrative decision, rendered on November 5, 2009, granting Eileen Vega's request for sick leave injury (SLI) benefits.

ACTION:       The Civil Service Commission denied the request for reconsideration.


B-46    MICHAEL ALVARADO

The appeal of Michael Alvarado, a Communications Officer with East Jersey State Prison, Department of Corrections, of his 120 working day suspension, on charges, was heard by Administrative Law Judge Tahesha L. Way (ALJ), who rendered her initial decision on June 24, 2010.  At its meeting on August 4, 2010, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation to modify the 120 working day suspension to a 90 working day suspension.  Rather, the Commission upheld the 120 working day suspension.  The proposed final decision is now submitted for the Commission's review.

ACTION:       The Civil Service Commission adopted the final decision.

B-47    JOHN JONES

The appeal of John Jones, a Truck Driver, Heavy with the City of Long Branch, of his removal effective June 8, 2009, on charges, was heard by Administrative Law Judge Patricia M. Kerins (ALJ), who rendered her initial decision on June 14, 2010.  At its meeting on July 21, 2010, the Civil Service Commission adopted the ALJ's recommendation to reverse the removal.  The proposed decision is now submitted for the Commission's review.

ACTION:       The Civil Service Commission adopted the decision.

B-48    CRYSTAL WILSON-BOYD

The appeal of Crystal Wilson-Boyd, a County Correction Officer with Mercer County, of her 15-day suspension commencing on August 26, 2009, on charges, was before Administrative Law Judge Jeff S. Masin (ALJ), who rendered his initial decision on June 23, 2010.  At its meeting on August 4, 2010, the Civil Service Commission did not adopt the ALJ's recommendation to reverse the 15-day suspension.  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-49    ERIC BAGLIERI, ET AL.

Eric Baglieri, Douglas Campbell, Michael Foytik, Robert Kishler, Vashawn Love, Owen Morris, Douglas Ridgway, and Brian Sexton appeal the determinations of the Division of Selection Services which found that, per the substitution clause for education, they were below the minimum requirements in experience for the promotional examination for Construction and Maintenance Technician (PS6762T), Department of Transportation.

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

B-50    ANGELA BARBALACE

Angela Barbalace appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for the title of Data Processing Analyst 2 (PS5196K), Department of Human Services.

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

B-51    STACEY M. BOSTON AND EDWARD S. WILENSKI

Stacey M. Boston and Edward S. Wilenski appeal the determinations of the Division of Selection Services which found that they did not meet the requirements for the promotional examination for Supervising Classification Officer (PS583I), Department of Corrections.

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

B-52    HERBERT CHAMBERS AND JEROME RYAN

Herbert Chambers appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, he did not meet the experience requirements for the open competitive examination for Construction Management Specialist 4 (S0008K), Statewide.  Jerome Ryan appeals the determination of Selection Services which found that he did not meet the experience requirements for the open competitive examination for Construction Management Specialist 4 (S0008K), Statewide.

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

B-53    MICHELE COLLINS AND DEAN C. MORALES

Michele Collins and Dean C. Morales appeal the determinations of the Division of Selection Services which found that they did not meet the requirements for the promotional examination for Chief of Therapeutic Services (PC1644K), Essex County.

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

B-54    JOHN CUCCIA, JR., ET AL.

John Cuccia, Jr., Scott Nielsen, and Sharon Princing appeal the determinations 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 Training Coordinator (PC0212M), Monmouth County.

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

B-55    ARIANNA E. DIMARCO

Arianna E. DiMarco appeals the determination of the Division of Selection Services which found that she did not meet the requirements for the open competitive examination for Deputy Municipal Court Administrator (M0105M), Burlington Township.

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

B-56    ERICA FERGUSON

Erica Ferguson 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 Program Support Specialist 2 (Assistance Programs) (PS5165K), Department of Human Services.

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


B-57    CAROL FERRARA

Carol Ferrara 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 Assistant Housing Manager (PM0403L), Lodi Housing Authority.

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

B-58    KIMBERLY GOULD

The appointing authority, on behalf of Kimberly Gould, appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, Ms. Gould did not meet the experience requirements for the promotional examination for Assistant Administrative Analyst (PC0346J), Burlington County.

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

B-59    JASON FOSTER

Jason Foster appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Senior Youth Group Worker (PC0199M), Middlesex County.

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

B-60    RODNEY HADLEY AND JOHN ROSS

Rodney Hadley appeals the decision of the Division of Selection Services that he does not meet the experience requirements, and John Ross appeals the decision of the Division of Selection Services that he does not meet the experience requirements, per the substitution clause for education, for the promotional examination for Assistant Director of Public Works (PM0784L), Jersey City.

ACTION:       The Civil Service Commission directed that these appeals be denied and that the classification of Mr. Hadley's position be referred to the Division of State and Local Operations for further review.


B-61    JEANNETTE HALLAK

Jeannette Hallak appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for the title of Supervising Residential Services Specialist (PS4541K), Department of Children and Families.

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

B-62    NAFISAH HUNTER

Nafisah Hunter 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 Personnel Technician (PM0998L), Newark School District.
 
ACTION:       The Civil Service Commission directed that this appeal be granted.
            VOTE:           Robert M. Czech                   (Yes)
                                    Flavella Branham       (Yes)
                                    Vincent E. Giordano  (Abstained)

B-63    CELESTE KEEN, ET AL.

Celeste Keen, Karen Lavelle and Michelle Mingin appeal the decisions of the Division of Selection Services which found that, per the substitution clause for education, they did not meet the experience requirements, and Cynthia Morelli and Michelle Sturgis appeal the decisions of the Division of Selection Services which found that they did not meet the educational requirements, for the promotional examination for Paralegal Specialist (PC1109L), Gloucester County.

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


B-64    LISA MCINTOSH-HARRIS AND HANCE YOUMANS

Lisa McIntosh-Harris and Hance Youmans 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 Instructor Counselor (S1310L).

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

B-65    CATHLEEN MISAWIC

Cathleen Misawic appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Technical Support Specialist 2 (PS1417H), Department of Health and Senior Services

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

B-66    NARESH A. PATEL

Naresh A. Patel appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Assistant Budget Officer (PM0135L), Jersey City School District.

ACTION:       The Civil Service Commission directed that this appeal be granted.
            VOTE:           Robert M. Czech                   (Yes)
                                    Flavella Branham       (Yes)
                                    Vincent E. Giordano  (Abstained)

B-67    EUGENE RAISLEY, JR.

Eugene Raisley, Jr., appeals the determination of the Division of Selection Services that he did not meet the experience requirement for the promotional examination for Supervising Engineer, Structural Evaluation (PS3445T).

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

B-68    SUROUR TADAYONI AND STEPHEN WAGNER

Surour Tadayoni and Stephen Wagner appeal the determinations of the Division of Selection Services which found that they were below the minimum requirements in education for the promotional examination for Assistant Engineer, Transportation (PS6376T), Department of Transportation.

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

B-69    TROY TAYLOR

Troy Taylor appeals the determination of the Division of Selection Services which found him ineligible for the promotional examination for Correction Sergeant (PS5763P), Juvenile Justice Commission due to an untimely application.

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

B-70    YITZCHAK WIESS

Yitzchak Weiss appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Comptroller (PM1902K), Passaic Valley Water Commission.

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

B-71    CYNTHIA ZACHARKOW

Cynthia Zacharkow appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Senior Data Processing Systems Programmer (PC0277M), Burlington County.

ACTION:       The Civil Service Commission directed that this appeal be denied and that the classification of the appellant's position be referred to the Division of State and Local Operations for further review.


B-72    NEAL CHAPMAN

Neal Chapman appeals his rank and score for the promotional examination for Senior Juvenile Detention Officer (PC1031L), Camden County.

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

B-73    ANTHONY ARGENTO, ET AL.

Anthony Argento, George Ricci and Patsey Spatola (PM2637L), Bloomfield; John Driscoll and Jason Flood (PM2673L), Gloucester; Michael Hughes (PM2678L), Holmdel; Robert Flynn (PM2693L), Lacey; Anthony Fugnitti (PM2708L), Moonachie; Ralph Danna and Jonathan Schaer (PM2717L), Passaic; Kelly Cary, Louis Pacelli and Kenan Tuncel (PM2718L), Paterson; Philip Olivo (PM2719L), Pennsauken; David Lavery and James Richie (PM2734L0, Scotch Plains; Gabriel Farese and Christopher Tuberion (PM2745L), Union Beach; and John Vion (PM2750L), Weehawken; appeal the written examination for Police Sergeant (various jurisdictions).

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

B-74    JAMES LAPP AND MICHAEL PATELLA

James Lapp (PC2777L), Bergen County; and Michael Patella (PC2786L), Union County; appeal the promotional examination for County Correction Sergeant (various jurisdictions).

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

B-75    BARBARA COAKLEY

Barbara Coakley requests a make-up examination for the promotional examinations for Project Engineer, Construction (PC5307T), project Engineer, Materials (PS5308T), Project Engineer, Structural Evaluation (PS5309T), and Project Engineer, Utilities (PS5310T), Department of Transportation.

ACTION:       The Civil Service Commission denied the request.


B-76    RECENT COURT DECISIONS

The following summaries of recent court decisions involving Merit System Board and Civil Service Commission determinations are submitted for the Commission's review, In the Matter of Michael Sottilare, Department of Corrections, Hudson County (Appellate Division, decided 6/1/10); In the Matter of Torres Mayfield  (Appellate Division, decided 6/3/10); In the Matter of John Henriquest, City of Newark Police Department (Appellate Division, decided 6/11/10); In the Matter of William Lee v. Garden State Youth Correctional Facility, in the New Jersey Department of Corrections (Appellate Division, decided 6/11/10);  In the Matter of Jonathan Ortiz, Hudson County Department of Corrections (Appellate Division, decided 6/15/10); In the Matter of Anthony DeProspo, Paterson  (Appellate Division, decided 6/18/10); In the Matter of James Flagg (Appellate Division, decided 6/23/10); In the Matter of Nicholas R. Foglio, Fire Fighter (M2246D), Ocean City (Appellate Division, decided 6/24/10); and In the Matter of Damien Johnson, City of Linden  (Appellate Division, decided 6/28/10).

ACTION:       The Civil Service Commission noted the decisions.

B-77    CIVIL SERVICE COMMISSION MEETING MINUTES

The Minutes of the Civil Service Commission meeting of August 4, 2010 are submitted for adoption.

ACTION:       The Civil Service Commission adopted the minutes of its meeting of August 4, 2010.

B-78    LISA ALSTON

The appeal of Lisa Alston, Clerk Stenographer, City of Paterson, Clerk's Department, ten-day suspension on charges was heard by Administrative Law Judge Sandra Ann Robinson, who rendered her initial decision on January 20, 2010 recommending acknowledgement of the settlement.

ACTION:       The Civil Service Commission remanded the matter to the Office of Administrative Law.


B-79    KENNETH BERGERON

The appeal of Kenneth Bergeron, Police Lieutenant, City of Margate, Department of Public Safety, 15-day suspension on charges, was heard by Administrative Law Judge Jeff S. Masin, who rendered his initial decision on November 13, 2009, recommending acknowledgement of the settlement.

ACTION:       The Civil Service Commission remanded the matter to the Office of Administrative Law.

B-80    MICHAEL LUPKOVICH

The appeal of Michael Lupkovich, Sheriff's Officer, Hudson County Sheriff's Department, removal effective June 30, 2009, was heard by Administrative Law Judge J. Howard Solomon, who rendered his initial decision on December 17, 2009, recommending acknowledgement of the settlement.

ACTION:       The Civil Service Commission remanded the matter to the Office of Administrative Law.

B-81    ELLEN MCMENEMY

The appeal of Ellen McMenemy, Bus Attendant, Brick Township School District, of her removal on charges, was heard by Administrative Law Judge Patricia M. Karins, who rendered her initial decision on October 2, 2009, recommending acknowledgement of the settlement.

ACTION:       The Civil Service Commission remanded the matter to the Office of Administrative Law.
            VOTE:           Robert M. Czech              (Yes)
                                    Flavella Branham       (Yes)
                                    Vincent E. Giordano  (Abstained)


B-82    DEPARTMENT OF THE TREASURY, TRAINEE TITLES

The Director, Division of State and Local Operations, requests the reallocation of the titles of Auditor Taxation Trainee, Investigator Trainee Taxation, Investigator Trainee Taxation, Bilingual in Spanish and English, and Tax Representative Trainee to the noncompetitive division of the career service on an interim basis.

ACTION:       The Civil Service Commission granted the request.

B-83    RASHID AHMAD

The appeal of Rashid Ahmad, a County Correction Officer with Burlington County, of his 120-day suspension on chargers, was heard by Administrative Law Judge Edward J. Delanoy, Jr., (ALJ), who rendered his initial decision on June 22, 2010.  At its meeting on August 4, 2010, the Civil Service Commission did not adopt the ALJ's recommendation to modify the 120-day suspension to a 10-day suspension.  Rather, the Commission reversed the 120-day suspension.  The proposed decision is now submitted for the Commission's review.

ACTION:       The Civil Service Commission adopted the decision.

B-84    STEVEN MCCANT

The appeal of Steven McCant, a former Cook with the Department of Children and Families, of his 30 working day suspension on charges, was heard by Administrative Law Judge Edward J. Delanoy, Jr. (ALJ), who rendered his initial decision on June 28, 2010.  At its meeting on August 4, 2010, the Civil Service Commission did not adopt the ALJ's recommendation to uphold the 30 working day suspension.  Rather, the Commission modified the 30 working day suspension to a 90 working day suspension.  The proposed final decision is now submitted for the Commission's review.

ACTION:       The Civil Service Commission adopted the final decision.


B-85    AALIYAH RODRIGUEZ

The appeal of Aaliyah Rodriguez, a Senior Correction Officer with the Mountainview Youth Correctional Facility, Department of Corrections, of her removals, effective December 31, 2009 and January 25, 2010, on charges was heard by Administrative Law Judge Tiffany M. Williams (ALJ), who rendered her initial decision on May 20, 2010.  At its meeting on August 4, 2010, the Civil Service Commission did not adopt the ALJ's recommendation to reverse the removals.  Rather the Commission modified the removals to a six-month suspension.  The proposed decision is now submitted for the Commission's review.

            ACTION:       The Civil Service Commission adopted the decision.
           
B-86    RICHARD WILLIAMS, EDDIE BROWN, RASHEEN PEPPERS AND HORACE MCGLOSTER

The appeals of Richard Williams, Eddie Brown, Rasheen Peppers and Horace McGloster, Police Officers with Newark, of their 12-day suspensions on charges, were heard by Administrative Law Judge Ellen S. Bass (ALJ), who rendered her initial decision on June 22, 2010.  At its meeting of August 4, 2010, the Civil Service Commission did not adopt the ALJ's recommendation to uphold the 12-day suspensions.  Rather, the Commission modified the 12-day suspensions to six-day suspensions.  The proposed final decision is now submitted for the Commission's review.

ACTION:       The Civil Service Commission adopted the final decision.

B-87    GARY AICH

Gary Aich, represented by Richard J. Kaplow, Esq., appeals the determination for the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Supervisor, Public Works (PM0736L), Sayreville.  Additionally, the appellant appeals the decision of the Division of Selection Services which removed his name from the promotional eligible list for Supervisor, Public Works (PM0601K), Sayreville.

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


 
B-88    EARLY SETTLEMENTS

Melvin Hamilton
New Jersey State Prison
Department of Corrections
Suspensions

Jose Segarra
Central Office Police
Department of Human Services
Suspension

ACTION:       The Civil Service Commission acknowledged the settlements.

 

There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, September 1, 2010, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

                                                                        ____________________________________
                                                                        Robert M. Czech
                                                                        Chairperson
                                                                        Civil Service Commission

 

 
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