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

 

 September 21, 2011

  

     A regular meeting of the Civil Service Commission was held on Wednesday, September 21, 2011, in Trenton, New Jersey.

 

            PRESENT: Robert M. Czech, Chairperson, Members Robert E. Brenner, Thomas J. Perna and Richard E. Williams; 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 December 20, 2010, 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 Francis Albano

New Jersey State Prison

Department of Corrections

Suspension

 

In the Matter of Langston Burrell

Anne Klein Forensic Center

Department of Human Services

Removal

 

In the Matter of Margarietta Campbell

North Jersey Developmental Center

Department of Human Services

Suspension

 

In the Matter of Genelle Eckeard

Woodbine Developmental Center

Department of Human Services

Removal

 

In the Matter of Jonathan Hodges

Anne Klein Forensic Center

Department of Human Services

Removal

 

In the Matter of Elizabeth A. Holloway

Ocean County Board of Social Services

Release at the end of the working test period

 

In the Matter of Andrea B. Jones

Vineland Developmental Center

Department of Human Services

Removal

 

In the Matter of John Jones

City of Long Branch

Department of Public Works and Parks

Removal

 

In the Matter of Montoya Key

New Jersey Veterans Memorial Home, Vineland

Department of Military and Veterans' Affairs

Removal

 

In the Matter of Stacy Koita

Woodbine Developmental Center

Department of Human Services

Resignation not in good standing

 

In the Matter of Adrienne Lewis

Ancora Psychiatric Hospital

Department of Human Services

Removal

 

In the Matter of Gary Pressley

Ancora Psychiatric Hospital

Department of Human Services

Removal

 

In the Matter of Ryan Romain

Kean University

Removal

 

In the Matter of Monica Smith

Passaic County

Preakness Hospital

Removal

 

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

 

ACTION:       The Civil Service Commission acknowledged the settlements.

 

  

A-2      DUMIS BARREAU

                                                                            

Dumis Barreau, Senior Probation Officer, Judiciary, Superior Court, Essex County Vicinage, 60-day suspension on charges of conduct unbecoming a public employee, other sufficient cause and violation of code of conduct.

 

Recommendation of the Administrative Law Judge - Uphold the 60-day suspension.

 

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

 

A-3      ANTHONY FERRAIOLI

    

Anthony Ferraioli, Police Officer, City of Hackensack, Police Department, six-month suspension on charges of incompetency, inefficiency or failure to perform duties, insubordination, conduct unbecoming a public employee, other sufficient cause, and violation of Department rules and regulations.

 

Recommendation of the Administrative Law Judge - Modify the six-month suspension to a 30-day suspension.

 

ACTION:    The Civil Service Commission modified the recommendation of the Administrative Law Judge to a three-month suspension.

 

A-4      TRINA CHANCEY

 

Trina Chancey, Police Officer, Township of Irvington, Police Department, removal effective January 31, 2011, on the charge of inability to perform duties and a removal effective January 31, 2011, on the charge of failure to obey laws and regulations.

 

Recommendation of the Administrative Law Judge - Uphold the removal for the charge of inability to perform duties and modify the removal to a 15-day suspension for the charge of failure to obey laws and regulations.

 

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

VOTE:             Robert M. Czech               (Abstained)

                        Robert E. Brenner             (Yes)

                        Thomas J. Perna                (Yes)

                       Richard E. Williams            (Yes)

 

 

A-5      LARRY JOHNSON

 

Larry Johnson, Senior Correction Officer, Northern State Prison, Department of Corrections, removal effective January 13, 2011, on charges of conduct unbecoming a public employee, other sufficient cause, falsification and violation of a rule, regulation, policy, procedure, order, or administrative decision.

 

Recommendation of the Administrative Law Judge - Reverse the removal.

 

ACTION:    The Civil Service Commission modified the recommendation of the Administrative Law Judge to a 90 working day suspension.

 

Agenda Item A-5 was held to be considered at the conclusion of the regular agenda.  At that time, a motion was made and seconded that the open session be recessed and that, pursuant to Section 12(b) of the Open Public Meetings Act, the Civil Service Commission entered into Executive Session for the purpose of reviewing the videotape of the incident which showed inmates at a State facility since the matter would constitute unwarranted invasions of individual privacy.  The Commission subsequently reconvened the public meeting.

 

A-6      OLLIE KENDRICK

 

Ollie Kendrick, Practical Nurse, North Jersey Developmental Center, Department of Human Services, removal effective May 17, 2010, on charges of violation of a rule, policy, procedures, neglect of duty, serious mistake due to carelessness which could result in danger and/or injury to persons, conduct unbecoming a public employee and other sufficient cause.

 

Recommendation of the Administrative Law Judge - Uphold the removal.

 

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

 

A-7      TORETTA BRADFORD-WYATT

 

Toretta Bradford-Wyatt, Senior Correction Officer, Edna Mahan Correctional Facility, Department of Corrections, removal effective October 20, 2010, on charges of conduct unbecoming a public employee, other sufficient cause and falsification.

 

Recommendation of the Administrative Law Judge - Uphold the removal.

 

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

 

A-8      BERGEN COUNTY LAYOFFS 2010 (SETTLEMENT)

 

Margaret Martini, Administrative Clerk Typing, Department of Public Safety, Bergen County, appeals the good faith of her layoff effective May 30, 2010, for reasons of economy and efficiency.  Settled to withdrawal of appeal with prejudice, retirement and appellant pays the County for her health care contribution payments.

 

Recommendation of the Administrative Law Judge - Acknowledge the settlement.

 

ACTION:       The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.  The Civil Service Commission also acknowledged the withdrawals of the appeals of Robert Meluson and Thomas Wisse and dismissed the appeal of Lisa Lupardi based on her failure to appear at the hearing.

 

A-9      JOHN CERRATO

    

John Cerrato, Human Services Specialist 2, Passaic County Board of Social Services, removal effective January 25, 2010, on charges of conduct unbecoming a public employee, dishonesty and other sufficient cause.  This matter was held over from the July 27, 2011 Civil Service Commission meeting for review of testimony presented at the hearing.

 

Recommendation of the Administrative Law Judge - Modify the removal to a 90-day suspension.

 

ACTION:    The Civil Service Commission modified the recommendation of the Administrative Law Judge to a six-month suspension.

VOTE:             Robert M. Czech                   (Yes)

                        Robert E. Brenner                (No)

                        Thomas J. Perna                  (yes)

                       Richard E. Williams              (Yes)

 

A-10    JIMMY GONZALEZ

 

Jimmy Gonzalez, Senior Correction Officer, East Jersey State Prison, Department of Corrections, removal effective August 19, 2010, on charges of conduct unbecoming a public employee, discrimination that affects equal employment opportunity, including sexual harassment, other sufficient cause and violation of the Department policy prohibiting discrimination, harassment, or hostile environment in the workplace.  This matter was held over from the July 13, 2011 Civil Service Commission meeting for review of testimony presented at the hearing.

 

Recommendation of the Administrative Law Judge - Modify the removal to a 90-day suspension.

 

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

 

 

 

SECTION B - MISCELLANEOUS MATTERS

 

 

B-1      The Division of State and Local Operations requests the inactivation of the unclassified title of Capital Complex Coordinator 2, State Capital Management Commission.

 

 

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

 

 

 

B-2      The Division of State and Local Operations requests the consolidation of 5 local government titles within Occupational Group 65 (Occupations in Printing).

 

 

 

 

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

 

B-3      The Division of State and Local Operations requests the inactivation of 26 unclassified titles assigned for use in the former New Jersey Public Broadcasting Authority that are unencumbered.

 

 

 

 

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

 

B-4      RICHARD KOKAWSKI

 

Richard Kokawski, a Senior Correction Officer with Mountainview Youth Correctional Facility, Department of Corrections, represented by Samuel J. Thomas, Esq., appeals the denial of sick leave injury (SLI) benefits.

 

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

 

B-5      EDWARD MARSHALL

 

Edward Marshall, an Equipment Operator 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-6      RONALD MOORE

 

Ronald Moore, a Senior Correction Officer with Southern State Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

 

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

 

B-7      TAWANNA ROGERS

 

Tawanna Rogers, a Senior Correction Officer with Garden State Reception & Youth Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

 

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

 

B-8      MICHELE M. COLES

 

Michele M. Coles, a former Clerk Typist with the Borough of Fair Lawn, represented by Edward J. Nolan, Esq., appeals the determination of her layoff rights by the Division of State and Local Operations.

 

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

 

B-9      ATEH ANYERE

 

Ateh Anyere, a former Cottage Training Technician with Hunterdon Developmental Center, Department of Human Services, requests that the Civil Service Commission reinstate her appeal of her removal effective August 14, 2010, which was dismissed based on her failure to appear at her scheduled hearing.

 

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

 

B-10    MICHAEL MCKENZIE

 

Michael McKenzie, represented by Craig Gumpel, Esq., appeals his disqualification from the examination for Fire Captain (PM5066M), New Brunswick for possession of a cell phone.

 

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

 

B-11    ROBERT TRENT

 

Robert Trent, a Senior Investigator, Parole and Secured Facilities, represented by Catherine Elston, Esq., appeals the decision of the Department of Corrections to reassign him from Mountainview Youth Correctional Facility to the Central Reception and Assignment Facility. 

 

ACTION:       The Civil Service Commission directed that this matter be remanded to the appointing authority to either initiate disciplinary procedures or return the appellant to his prior location within 20 days of issuance of this decision.

 

B-12    BARBARA GALVIN

 

Barbara Galvin petitions the Civil Service Commission for reconsideration of the decision rendered on June 15, 2011, which denied her appeal regarding her ineligibility for the open competitive examination for Habilitation Plan Coordinator (S0774M), Statewide.

 

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

 

 

 

B-13    NANCY P. FRATZ

 

Nancy P. Fratz, an Assistant Deputy Public Defender 3 with the Office of the Public Defender, appeals the determination of the Public Defender, which found that the appellant failed to support a finding that she 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-14    EDWARD HAAS

 

Edward Haas, a Deputy Attorney General 4 with the Division of Law, Department of Law and Public Safety, represented by Andrew L. Watson, Esq., appeals the determination of the Chief of Staff, Office of the Attorney General, stating that the appellant 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 matter be remanded to the appointing authority for further investigation.

 

B-15    DEPUTY MUNICIPAL COURT ADMINISTRATOR (M0096K) AND (M0349M), ANDOVER TOWNSHIP

 

Andover Township requests permission not to make an appointment from the November 12, 2010 certification for Deputy Municipal Court Administrator (M0096K) and (M0349M).

 

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

 

B-16    RECORDS MANAGER (M0007M), PATERSON

 

Paterson requests permission not to make an appointment from the August 11, 2010 certification for Records Manager (M0007M).

 

ACTION:       The Civil Service Commission granted an appointment waiver and assessed no selection costs at this time.

 

 

 B-17    DARIO DA COSTA

 

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

 

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

 

B-18    JOANNE DAVIS

 

Joanne Davis appeals the decision of the Division of State and Local Operations which found that the implementation of her position classification with the Department of Environmental Protection was March 26, 2011.  The appellant seeks a May 8, 2007 effective date.

 

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

 

B-19    SAKYIBERA FITZGERALD

 

Sakyibera Fitzgerald appeals the March 12, 2011 effective date of her reclassification to the title Associate Supervisor 2, Facilities.  The appellant seeks a May 10, 2008 effective date.

 

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

 

B-20    COLLEEN KELLER

 

Colleen Keller appeals the January 1, 2011 effective date of the reclassification of her position with the Department of Environmental Protection.  The appellant seeks a May 8, 2007 effective date.

 

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

 

B-21    ANN LAURIE FRATTICCIOLI

 

Ann Laurie Fratticcioli, represented by Paul A. Pologruto, Communications Workers of America, Local 1032, appeals the decision of the Division of State and Local Operations that the proper classification of her position with the Department of Transportation was Personnel Assistant 2.  The appellant seeks an Administrative Analyst 2 classification.

 

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

 

B-22    RHONDA GIPSON-ROSE

 

Rhonda Gipson-Rose appeals the decision of the Division of State and Local Operations which found that her position with the Department of Health and Senior Services is properly classified as Senior Buyer.  The appellant seeks an Administrative Analyst 2, Procurement classification.

 

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

 

B-23    DEBORAH LEWIS

 

Deborah Lewis appeals the decision of the Division of State and Local Operations which found that her position with the Department of Human Services is properly classified as Technical Assistant 3.  The appellant seeks a Management Assistant classification.

 

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

 

B-24    NORMAN TAHAN

 

Norman Tahan appeals the decision of the Division of Selection Services to assign the title scope for the promotional examination for Fire Chief (PM0690M), Clifton as open to the next two lower in-series titles.

 

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

 

B-25    JOSEPH M. COLOMBO

 

The appeal of Joseph M. Colombo, a Supervising Laborer with the City of Bayonne, of his removal, effective August 20, 2010, on charges, was heard by Administrative Law Judge Kelly J. Kirk (ALJ), who rendered her initial decision on July 29, 2011.  At its meeting on September 7, 2011, the Civil Service Commission (Commission) adopted the ALJ's recommendation to modify the appellant's removal to a six-month suspension and impose conditions for reinstatement.  However, the Commission found it necessary to address the exceptions filed by the appointing authority and impose a removal date of February 20, 2011 should the appellant not meet the conditions for reinstatement.  The proposed final decision is now submitted for the Commission's review.

 

ACTION:       The Civil Service Commission adopted the decision.

VOTE:             Robert M. Czech                   (Abstained)

                        Robert E. Brenner               (Abstained)

                        Thomas J. Perna                   (Yes)

                       Richard E. Williams               (Yes)

 

B-26    BRUCE JONES

 

The appeal of Bruce Jones, a Senior Correction Officer with Northern State Prison, Department of Corrections, of his removal, on charges, was heard by Administrative Law Judge JoAnn Lasala Candido (ALJ), who rendered her initial decision on July 15, 2011.  At its meeting on September 7, 2011, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation to modify the removal to a six-month suspension.  Rather, the Commission upheld the removal.  The proposed final decision is now submitted for the Commission's review.

 

ACTION:       The Civil Service Commission adopted the final decision.

VOTE:             Robert M. Czech                   (Yes)

                        Robert E. Brenner               (Abstained)

                        Thomas J. Perna                   (Yes)

                       Richard E. Williams              (Yes)

 

B-27    JASON GASKILL

 

Jason Gaskill appeals the determination of the Division of Selection Services that he did not meet the experience requirement for the promotional examination for Customer Service Representative 2 (PS1489G), Department of Environmental Protection.

 

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

 

B-28    ARAION MALONE

 

Araion Malone 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 Representative Citizens' Complaints (M0605M), Newark.

 

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

 

B-29    NICHOLAS J. SABATO

 

Nicholas J. Sabato appeals the determination of the Division of Selection Services which found that he did not meet the requirements for the promotional examination for Technical Assistant, Management Information Systems (PS2105F), Department of Education.

 

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

 

B-30    TIMOTHY CARROLL, ET AL.

 

Timothy Carroll, Dennis Gibson III and Joseph Smigelsky appeal their scores for the physical performance portion of the examination for Fire Fighter (M9999M).

 

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

 

B-31    RONNIE COLON, ET AL.

 

Ronnie Colon, Gregory Louis and Josner Rivadeniera appeal their scores for the physical performance portion of the examination for Fire Fighter (M9999M).

 

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

 

B-32    PROPOSED AMENDMENT: N.J.A.C. 4A:3-3.7, TRAINEE, APPRENTICE, RECRUIT AND INTERN TITLES; AND N.J.A.C. 4A:3-4.5, ANNIVERSARY DATES: STATE SERVICE

 

Submitted for the Commission's approval is a Notice of Proposal to amend N.J.A.C. 4A:3-3.7, Trainee, Apprentice, Recruit and Intern Titles; and N.J.A.C. 4A:3-4.5, Anniversary Dates: State Service.  The amendment to N.J.A.C. 4A:3-3.7, which currently only references trainees, is intended to codify the existing program regarding trainees, apprentices, recruits and interns in both State and local service.  The amendment to N.J.A.C. 4A:3-4.5 would address adjustments of anniversary dates in State service for employees advancing to a primary title from a trainee, apprentice, recruit or intern title.  It is recommended that this proposal be approved for publication in the New Jersey Register for public notice and comment.

 

ACTION:       The Civil Service Commission approved the proposal for publication.

 

B-33    CIVIL SERVICE COMMISSION MINUTES

 

Submitted for adoption are the Civil Service Commission minutes of its meeting of September 7, 2011.

 

ACTION:       The Civil Service Commission adopted the minutes of its meeting of September 7, 2011.

VOTE:             Robert M. Czech                   (Yes)

                        Robert E. Brenner               (Abstained)

                        Thomas J. Perna                  (Yes)

                      Richard E. Williams              (Yes)

 

 

B-34    EARLY SETTLEMENT

 

In the Matter of John M. Sedor

Monmouth County

Department of Health Care Facilities

Suspension

 

ACTION:       The Civil Service Commission acknowledged the settlement.

VOTE:              Robert M. Czech                   (Abstained)

                        Robert E. Brenner                 (Yes)

                        Thomas J. Perna                    (Yes)

                      Richard E. Williams                 (Yes)

 

B- 35   MICHAEL FERRARELLA AND DONALD HARVEY

 

The appeals of Michael Ferrarella and Donald Harvey, Police Officers, Borough of Oakland, Police Department, of their removals effective February 9, 2011, on charges, were heard by Administrative Law Judge Carol I. Cohen (ALJ), who rendered her initial decision on July 13, 2011.  At its meeting on September 7, 2011, the Civil Service Commission did not adopt the ALJ's recommendation to modify the removal of Mr. Ferrarella to a 180-day suspension and modify the removal of Mr. Harvey to a 120-day suspension.  Rather, the Commission upheld the removal of Mr. Ferrarella and imposed a six-month suspension for Mr. Harvey.  The proposed final decision for Mr. Ferrarella and the proposed decision for Mr. Harvey is now submitted for the Commission's review.

 

ACTION:    The Civil Service Commission adopted the final decision for Michael Ferrarella and adopted the decision for Donald Harvey.

VOTE:             Robert M. Czech                   (Yes)

                        Robert E. Brenner               (Abstained)

                        Thomas J. Perna                  (Yes)

                         Richard E. Williams           (Yes)

 

B- 36   DAVID WILLIAMS

 

The appeal of David Williams, a Human Services Assistant with Trenton Psychiatric Hospital, Department of Human Services, of his removal effective March 31, 2009, on charges, was heard by Administrative Law Judge Susan M. Scarola (ALJ), who rendered her initial decision on August 5, 2011.  At its meeting on September 7, 2011, the Civil Service Commission adopted the ALJ's recommendation to modify the removal to a 180 calendar day suspension.  However, the Commission found it necessary to address the exceptions and cross exceptions filed by the parties.  The proposed decision is now submitted for the Commission's review.

 

ACTION:    The Civil Service Commission adopted the decision.

VOTE:             Robert M. Czech                   (Yes)

                        Robert E. Brenner               (Abstained)

                        Thomas J. Perna                  (Yes)

                       Richard E. Williams             (Yes)

 

B-37    DOMINIC MANCINI, ET AL.

 

Dominic Mancini (PC5145M), Essex County; and Gordon Holder and Scott Robinson (PC5147M), Monmouth County; appeal the promotional examination for Sheriff's Officer Sergeant (various jurisdictions).

 

ACTION:       The Civil Service Commission directed that the appeals be granted in part.

VOTE:             Robert M. Czech                   (Abstained)

                        Robert E. Brenner                (Yes)

                        Thomas J. Perna                   (Yes)

                       Richard E. Williams               (Yes)

 

 

     There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, October 5, 2011, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

 

 
 
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