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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
Flavella Branham
Vincent E. Giordano

A regular meeting of the Civil Service Commission was held on Wednesday, October 6, 2010, in Trenton, New Jersey.

     PRESENT: Robert M. Czech, Chairperson, Members Flavella Branham, and Vincent 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 actions were by unanimous vote unless otherwise specified.

SECTION A - HEARING MATTERS

A-1      In the Matter of Marcello Errigo

            Passaic County

            Sheriff's Department

            Removal

           

            In the Matter of Mary Grasberger

            Brick Township Board of Education

            Removal

            In the Matter of Nicole Hunter

            Atlantic County

            Department of Community Development Economic Assistant

            Removal

            In the Matter of Jeffrey Lawhorn

            Juvenile Justice Commission

            Department of Law and Public Safety

            Suspension

            In the Matter of Matthew Little

            New Jersey State Prison

            Department of Corrections

            Removal

            In the Matter of Trina Lucas

            Newark School District

            Suspension

            In the Matter of Mitdalia Molina

            Camden County

            Department of Public Safety

            Removal

            In the Matter of Derek Nesbitt

            Montclair State University

            Resignation not in good standing

            In the Matter of Carlos J. Rodriguez

            Montclair State University

            Release at the end of the working test period

            In the Matter of David Rosen

            City of Trenton

            Fire Department

            Demotion

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

ACTION:  The Civil Service Commission acknowledged the settlements.

A-2      MARJORIE ANGEMUELLER

Marjorie Angermueller, Payroll Supervisor, Borough of Oakland, Finance Department, 45-working day suspension on charges of incompetency, inefficiency or failure to perform duties, insubordination, 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 affirmed the recommendation of the Administrative Law Judge.

A-3      AMERICO ARZOLA

    

Americo Arzola, a former Senior Correction Officer, Central Reception and Assignment Facility, Department of Corrections, appeals his disqualification from the promotional examination for Correction Sergeant (PS18181), Department of Corrections and appeals his removal effective March 24, 2010, on charges of conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the list removal and removal from employment.

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

VOTE:       Robert M. Czech                                   (Abstained)

                Flavella Branham                                  (Yes)

                 Vincent Giordano                                  (Yes)


A-4      DEAN MANNION

Dean Mannion, Firefighter, North Hudson Regional Fire and Rescue, six-day suspension (24-hour tour) on charges of chronic or excessive absenteeism or lateness and other sufficient cause.

Recommendation of the Administrative Law Judge - Modify the six-day suspension (24-hour tour) to a three-day suspension (24-hour tour).

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

VOTE:       Robert M. Czech                                   (Abstained)

                    Flavella Branham                                   (Yes)

                                Vincent Giordano                                  (Yes)

A-5      KHALID MIR

Khalid Mir, Principal Chemist, New Jersey Department of Health and Senior Services, return to formerly held permanent title of Senior Chemist at the end of the working test period effective March 27, 2009.

Recommendation of the Administrative Law Judge - Uphold the return to the formerly held permanent title of Senior Chemist at the end of the working test period.

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

A-6      JULIUS MORRIS

Julius Morris, Senior Youth Worker, Juvenile Justice Commission, Department of Law and Public Safety, 30-day suspension on charges of conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Grant the appointing authority's motion to dismiss the appeal as moot.

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


A-7      JULIO RIVERA, ALBERTO LIJO, LUIS GONZALEZ, FERNANDO   RAMIREZ

Julio Rivera, Alberto Lijo, and Luis Gonzalez, Police Officers, and Fernando Ramirez, Police Sergeant, City of Newark, Police Department, appeal their 15-day suspensions on charges of conduct unbecoming a public employee, neglect of duty, and violations of Police Department rules regarding false statements, knowledge of laws and regulations and disobedience of orders.  This matter was held over from the July 21, 2010, Civil Services Commission meeting.

Recommendation of the Administrative Law Judge - Modify the 15-day suspensions to reprimands.

ACTION:     The Civil Service Commission modified the recommendation of the Administrative Law Judge and upheld the 15-day suspensions.

VOTE:       Robert M. Czech                                   (Yes)

                Flavella Branham                                 (Yes)

                Vincent Giordano                                  (No)

A-8      MARTIN SCHWEIGHARDT

Martin Schweighardt, Animal Control Officer, City of West Orange, appeals his resignation, which he asserts was made under duress.

Recommendation of the Administrative Law Judge - Dismiss the appeal as untimely and uphold the resignation.

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

A-9      IVAN DURANT

Ivan Durant, Senior Medical Security Officer, Ann Klein Forensic Center, Department of Human Services, removal effective May 17, 2009, on charges of conduct unbecoming a public employee, physical abuse of a patient, client or resident, and inappropriate physical contact or mistreatment of a patient, client or resident.

Recommendation of the Administrative Law Judge - Uphold the removal.

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


A-10    DANIEL JOSEPH NESHAN

Daniel Joseph Neshan, Building Maintenance Worker, Borough of Fort Lee, Department of Property Management, removal effective October 10, 2007, on charges of conduct unbecoming a public employee and violation of a last chance agreement.

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

ACTION:     The Civil Service Commission modified the recommendation of the Administrative Law Judge and upheld the removal.

A-11    DANIEL SMITH

Daniel Smith, Senior Correction Officer, East Jersey State Prison, Department of Corrections, removal effective July 10, 2008, on the charge of insubordination conduct unbecoming a public employee and use possession or sale of any controlled dangerous substance.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-12    NICKOLAS TUYAHOV

Nickolas Tuyahov, Supervising Data Control Clerk, Monmouth County, Department of Central Motor Pool, removal effective November 4, 2009, on charges of incompetency, inefficiency or failure to perform duties, insubordination, inability to perform duties, 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                                   (Abstained)

                 Flavella Branham                                 (Yes)

                 Vincent Giordano                                  (Yes)


A-13    DEREK WADUD (REMAND)

Derek Wadud, Senior Correction Officer, Mountainview Youth Correctional Facility, Department of Corrections, 1) removal effective April 7, 2009, on charges of other sufficient cause and conduct unbecoming a public employee, 2) removal effective April 7, 2009, on charges of abuse of sick leave, personal conduct, insubordination, conduct unbecoming a public employee and violation of a rule, regulation, policy, procedure, order or administrative decision, and 3)  removal effective April 7, 2009, on charges of violation of a rule, regulation, policy, procedure, order, or administrative decision.

Recommendation of the Administrative Law Judge - Uphold the removals.

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

A-14    RANDALL HANSON - SETTLEMENT

Randall Hanson, Police Officer, City of Trenton, removal pending appeal to the Civil Service Commission, on charges of inability to perform duties.

Recommendation of the Administrative Law Judge - Acknowledge the settlement.

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

SECTION B - MISCELLANEOUS MATTERS

B-1      DANIEL M. RICHARDSON

Daniel M. Richardson, represented by Christine A. Zmurek, Esq., appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit (S9999K) on the basis of psychological unfitness to perform effectively the duties of the position.

ACTION:       The Civil Service Commission referred the matter for an independent psychological evaluation.

B-2      HECTOR MARCHENA

Hector Marchena appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit (S9999K) on the basis of medical unfitness to perform effectively the duties of the position.

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

B-3      MICHAEL CANAVAN

Michael Canavan, a Senior Correction Officer with Mountainview Youth 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-4      LARONDA CUMMINGS

Laronda Cummings, a Human Services Assistant with Woodbridge Developmental Center, 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-5      MICHAEL S. DRIBER

Michael S. Driber, 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-6      LUIS MARTINEZ

Luis Martinez, a Maintenance Worker 1, Transportation with the Department of Transportation, represented by Kenneth E. Ryan, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-7      WAYNE MEHER

Wayne Meher, a Senior Food Service Handler at Woodbine Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-8      ANGEL PADILLA

Angel Padilla, a Senior Correction Officer with South Woods State Prison, Department of Corrections, represented by Daniel Geddes, Esq., appeals the denial of sick leave injury (SLI) benefits.  This matter was held over from the August 4, 2010 Civil Service Commission meeting.

ACTION:       The Civil Service Commission referred the matter to the Medical Examiner's Panel.

B-9      WESLEY SCHONYERS

Wesley Schonyers, a Correction Lieutenant with the New Jersey State Prison, Department of Corrections, represented by Michael P. Aloi, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-10    JEAN TROVATO

Jean Trovato, a Senior Correction Officer with Albert C. Wagner Youth Correctional Facility, Department of Corrections, represented by Samuel M. Gaylord, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-11    SAMANTHA VERWILT

Samantha Verwilt, an Assistant Deputy Public Defender 3 with the Office of the Public Defender, represented by Kevin A. Terhune, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-12    KAREN ARTIS

Karen Artis appeals the decision of the Division of State and Local Operations, which removed the appellant's name from the Family service Worker (C0198K), Essex County, employment list due to the appellant's failure to appear for her interview.

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

B-13    GREGORY S. BACKER

Gregory S. Backer, represented by Alan Genitempo, Esq., appeals the decision of the Division of Local Human Resource Management (LHRM), which found that Bergen County had presented a sufficient basis to remove the appellant's name from the County Police Officer (S9999H), Bergen County, eligible list on the basis of an unsatisfactory employment record.  Additionally, the appellant appeals the decision of LHRM, which found that Elmwood Park had presented a sufficient basis to remove the appellant's name from the Police Officer (S9999H), Elmwood Park, eligible list on the basis of an unsatisfactory employment record and the falsification of his employment application.

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

B-14    SUSAN DONNELLY

Susan Donnelly appeals the decision of the Division of State and Local Operations, which removed the appellant's name from the Administrative Analyst 1 (PS8050K), Department of Children and Families, employment list due to the appellant's failure to respond to the Certification Notice.

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

B-15    MARSULLY GONZALEZ

Marsully Gonzalez appeals the decision of the Division of State and Local Operations, which removed the appellant's name from the Social Service Assistant Bilingual in Spanish and English (C1879J), Bergen County, employment list due to the appellant's failure to respond to the Certification Notice.

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

B-16    WALTER YOUNG

Walter Young, represented by Kathleen C. Feeney, Esq., appeals the decision of the former Division of Local Human Resource Management which upheld the bypass of his name from the certification for Police Captain (Pm3535J), Irvington, eligible list.

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

B-17    ASSESSING AIDE (M1814J), MIDDLETOWN TOWNSHIP

Middletown Township requests permission not to make an appointment from the November 4, 2009 certification for Assessing Aide (M1814J).

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

VOTE:           Robert M. Czech                                           (Abstained)

                        Flavella Branham                               (Yes)

                                    Vincent Giordano                              (Yes)

B-18    EMERGENCY MEDICAL TECHNICIAN (M0063M), CITY OF VINELAND

The City of Vineland requests permission not to make an appointment from the April 15, 2010 certification for Emergency Medical Technician (M0063M).

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

B-19    MUNICIPAL COURT ATTENDANT (M0208L), JEFFERSON TOWNSHIP

Jefferson Township requests permission not to make an appointment from the April 19, 2010 certification for Municipal Court Attendant (M0208L).

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

B-20    POLICE SERGEANT (PM2592J) AND POLICE CAPTAIN (PM3534J), HOBOKEN

Mark Competello, Tony Bartley, Kevin Cruz, Steven Aguiar, Justin DePascale, William Vera, Damian Uva, Robert Gohde, Patrick McNamara, Saverio Binetti, Arbend Drishti, Joseph Cahill, William Montanez, Anthony Fesken, Alex Gonzalez, and Jason Falco, represented by Catherine M. Elston, Esq., appeal the decision of the Division of Selection Services which denied their request to extend the eligible lists for Police Sergeant (PM2592J) and Police Captain (PM3534J) and to cancel the pending promotional announcements for Police Sergeant (PM5098M0 and Police Captain (PM7509M).

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

B-21    PRINICIPAL CLERK TYPIST (M0341K), BLOOMFIELD TOWNSHIP

Bloomfield Township, represented by Brian J. Aloia, Esq., requests permission not to make an appointment from the December 29, 2008 certification for Principal Clerk Typist (M0341K).

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

B-22    PRINCIPAL ENGINEER (C0085L), HUDSON COUNTY

Hudson County requests permission not to make an appointment from the April 13, 2009 certification for Principal Engineer (C0085L).

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

B-23    SENIOR SOCIAL SERVICE AIDE (S0107L), STATEWIDE

Greytsone Park Psychiatric Hospital requests permission not to make an appointment from the October 30, 2009 certification for Senior Social Service Aide (S0107L).

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

B-24    STATISTICAL TYPIST (M1302H), NEWARK SCHOOL DISTRICT

The matter of whether the Newark School District should be granted permission not to make an appointment from the June 15, 2009 certification for Statistical Typist (M1302H) has been referred to the Civil Service Commission for review.

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

VOTE:           Robert M. Czech                                           (Yes)

                        Flavella Branham                               (Yes)

                                    Vincent Giordano                              (Abstained)

B-25    CHEYANNE BOYD

Cheyanne Boyd, an Attorney Assistant with the Department of Law and Public Safety, appeals the determination of the Chief of Staff with the Office of the Attorney General, stating that there was sufficient evidence to support a finding that the appellant had subjected K.D., a Deputy Attorney General 2, to violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace.

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

B-26    PAUL GRAYSON

Paul Grayson, an Occupational Safety Consultant 2 with the Department of Human Services, appeals the determination of the Assistant Commissioner of the Department of Human Services, stating that there was probable cause to substantiate a finding that he violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.

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

B-27    ELIZABETH HAINES

Elizabeth Haines, an Attorney Assistant with the Department of Law and Public Safety, appeals the determination of the Chief of Staff with the Office of the Attorney General, stating that there was sufficient evidence to support a finding that the appellant had subjected K.D., a Deputy Attorney General 2, to violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace.

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

B-28    YOGANAND KUMAR

Yoganand Kumar, a Family Service Specialist 2 with the Department of Children and Families, represented by David A. Gies, Esq., appeals the determination of the Director of Administration, stating that there was probable cause to substantiate a finding that he violated the New Jersey State Policy Prohibiting discrimination in the Workplace.

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

B-29    JAMES O'NEIL

James O'Neil, a Government Representative 1 with the Department of the Treasury, appeals the determination of the Acting Chief of Staff, Office of the Attorney General, Department of Law and Public Safety, stating that there was probable cause to substantiate a finding that he violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.

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

B-30    NICOLE PAULUS-DELAROSA

Nicole Paulus-delaRosa, an Attorney Assistant with the Department of Law and Public Safety, appeals the determination of the Chief of Staff with the Office of the Attorney General, stating that there was sufficient evidence to support a finding that the appellant had subjected K.D., a Deputy Attorney General 2, to violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace.

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

B-31    ANTHONY BARBER, ET AL.

Anthony Barber, represented by Rolando Torres, Jr., Esq., and Brian Egan and Sheila Tatarek, represented by Joseph G. Valdora, President, Trenton Police Superior Officers Association, petition the Civil Service Commission for retroactive dates of permanent appointment as Police Sergeants.  John Breece, Christopher Doyle, Leonard Sutton, Jr., and Timothy Thomas, represented by Valdora, petition the Commission for retroactive dates of permanent appointment as Police Chiefs.

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

B-32    MICHELLE HEATH, ET AL.

The Woodbine Developmental Center petitions for retroactive dates as Senior Cottage Training Technicians for Michelle Heath, Michelle McBride, and Paula Murray-Smith.

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

B-33    MARY ANN JOHNSON

Mary Ann Johnson, a County Correction Sergeant with Hunterdon County, represented by Mitesh M. Patel, Esq., requests interim relief of her demotion to the title of County Correction Officer, pending the outcome of her appeal, which is presently pending at the Office of Administrative Law.

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

B-34    ROBERT MADER

The Borough of Bergenfield requests that Robert Mader be permitted to participate in the intergovernmental transfer program and to complete the remainder of his working test period as a Police Officer with Bergenfield.

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

B-35    ERICKA REED

Ericka Reed, represented by Walter R. Bliss, Jr., Esq., and the Department of Education seek acknowledgement of the settlement agreement, which provides Reed with a retroactive change in her salary step and reclassification of her position to the title of Education Program Development Specialist 1, Bilingual Education, effective January 16, 2010.

ACTION:       The Civil Service Commission acknowledged the settlement.

B-36    BARBARA MICHALSKI

Barbara Michalski 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 Secretarial Assistant 2, Non-Stenographic.  She seeks a Management Assistant job classification in this proceeding.

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

B-37    JAYNE O'DONNELL

Jayne O'Donnell, represented by Robert L. Tarver, Jr., Esq., appeals the May 5, 2010 decision of the Division of State and Local Operations, which found that her position with the Ocean County Health Department is correctly classified as Principal Payroll Clerk.  She seeks a Senior Accountant classification in these proceedings.

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

B-38    SALVATORE PANICO

Salvatore Panico appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, he was below the minimum requirements in experience for the promotional examination for Manager 3, Division of Motor Vehicles (PS5279T), Motor Vehicle Commission.

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

B-39    RAYMOND PEPLOWSKI

Raymond Peplowski appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the qualifying examination for Mechanic Hydraulics, Elizabeth.

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

B-40    JAMES SCHOLTS

James Scholts appeals the decision of the Division of State and Local Operations that the proper classification of his position with the Department of Environmental Protection is Park Maintenance Supervisor 2.  Scholts seeks a Park Maintenance Supervisor 1 classification.

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

B-41    VALERIE SHROPSHIRE

Valerie Shropshire appeals the July 14, 2010 decision of the Division of State and Local Operations, which found that her position with the Division of State Police is correctly classified as Technical Support Specialist 1.  She seeks an Administrative Analyst 2, Data Processing classification in these proceedings.

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

B-42    JOANNE SMITH-TAVENER

Joanne Smith-Tavener appeals the determination of the division of State and Local Operations that her position with the Department of Law and Public Safety is properly classified as a Principal Standards and Procedures Technician.  The appellant seeks a Program Coordinator classification in this proceeding.

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

B-43    JOAN TAYLOR

Joan Taylor appeals the July 12, 2010 decision of the Division of State and Local Operations which found that her position with the Department of Health and Senior Services is correctly classified as Administrative Analyst 2, Fiscal Management.  She seeks an Administrative Analyst 1, Fiscal Management classification in these proceedings.

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

B-44    ANNA DELUCCIA

Anna Deluccia, a Senior Correction Officer with the Edna Mahan Correctional Facility for Women, Department of Corrections (DOC), represented by Paul J. Bender, Esq., requests reconsideration of the final administrative decision, rendered on April 29, 2009, denying DeLuccia's request for sick leave injury (SLI) benefits.

ACTION:       The Civil Service Commission granted the request in part.

B-45    ASCARY RIOS

Ascary Rios, represented by Jessica Swenson, Esq., petitions the Civil Service Commission for reconsideration of the decision rendered on June 9, 2010, which denied his appeal regarding his scores, test administration and examination review of the oral portion of the promotional examination for Fire Captain (PM3513H), Ocean City.

  

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

B-46    JOHN R. VENABLES, JR.

John R. Venables, Jr., a Police Sergeant with the City of Camden, represented by Thomas A. Cushane, Esq., requests reconsideration of the decision rendered on May 26, 2010, denying his request for relief regarding his immediate suspension effective May 13, 2009.

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

B-47    KENNETH BOLTON, ET AL.

The appeals of Kenneth Bolton, Robert Knoblock and Michael Lubrano, County Correction Officers with Mercer County, of their removals, effective July 20, 2007, March 1, 2007 and March 1, 2007, respectively, on charges, were heard by Administrative Law Judge Lisa James-Beavers (ALJ), who rendered her initial decision on July 30, 2009.  At its meeting on September 15, 2010, the Civil Service Commission adopted the ALJ's recommendation to uphold the removals of Knoblock and Lubrano.  However, the Commission did not adopt the ALJ's recommendation to modify the removal of Bolton to a five-day suspension.  Rather, the Commission imposed a 20-day suspension.  The proposed decision is now submitted for the Commission's review

ACTION:       The Civil Service Commission adopted the decision.

VOTE:           Robert M. Czech                                 (Yes)

                    Flavella Branham                               (Yes)

                     Vincent Giordano                              (Abstained)

B-48    NIGHAT HUSSAIN

The appeal of Nighat Hussain, a Cottage Training Technician with Hunterdon Developmental Center, Department of Human Services, of his removal effective April 16, 2009, on charges, was heard by Administrative Law Judge John F. Russo, Jr., (ALJ), who rendered his initial decision of July 26, 2010.  At its meeting on September 15, 2010, the Civil Service Commission did not adopt the ALJ's recommendation to reverse the removal.  Rather, the Commission modified the removal to an official written reprimand.  The Commission also awarded counsel fees in the amount of 50 percent of services.  The proposed decision is now submitted for the Commission's review.

ACTION:       The Civil Service Commission adopted the decision.

VOTE:           Robert M. Czech                                  (Yes)

                    Flavella Branham                               (Yes)

                     Vincent Giordano                              (Abstained)

B-49    TRACY LEE

The appeal of Tracy Lee, a Communications Operator with South Woods State Prison, Department of Corrections of her 15 working day suspension, on charges, was heard by Administrative Law Judge Bruce M. Gorman (ALJ), who rendered his initial decision on August 13, 2010.  At its meeting on September 15, 2010, the Civil Service Commission did not adopt the ALJ's recommendation to modify the 15 working day suspension to a five working day suspension.  Rather, the Commission upheld the 15 working day suspension.  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)

                    Flavella Branham                               (Yes)

                     Vincent Giordano                              (Abstained)

B-50    PAUL MESSINA

The appeal of Paul Messina, a Police Captain with the City of Trenton, of his 20-day suspension on charges, was heard by Administrative Law Judge Lisa James-Beavers (ALJ), who rendered her initial decision on August 5, 2010.  At its meeting on September 15, 2010, the Civil Service Commission did not adopt the ALJ's recommendation to modify the 20-day suspension to a five-day suspension and impose a prior 30-day suspension which had been held in abeyance.  Rather, the Commission upheld the 20-day suspension and imposed the prior 20-day suspension.  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)

                    Flavella Branham                               (Yes)

                     Vincent Giordano                              (Abstained)

B-51    JANINE ADAMS AND JOSE CACABELOS

Janine Adams and Jose Cacabelos 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 Nursing Services Clerk (S1341L).

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

B-52    EDWIN AUSTIN

Edwin Austin appeals the determination of the Division of Selection Services that he did not meet the experience requirement for the promotional examination for Senior Tree Climber (PC0110M), Burlington County.

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

B-53    GISELA BERNAL-CASTRO

Gisela Bernal-Castro appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Program Development Specialist, Community Service (PC0313M), Union County.

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

B-54    RODRIC BOWMAN

Rodric Bowman appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the promotional examination for Public Health Emergency Notification System Coordinator (PC1125L), Ocean County.

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

B-55    AIDA CAMACHO-WELCH

Aida Camacho-Welch 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 Executive Assistant 3 (PS5775R), Board of Public Utilities.

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

B-56    REGINA CSIRA

Regina Csira appeals the determination of the Division of Selection Services that she did not meet the experience requirements for Administrative Analyst 2 (PS1240R), Board of Public Utilities. 

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

B-57    BRIDGET J. LARK, ET AL.

 Bridget J. Lark, Veronica Q. Maske, and Evelyn K. Ngwa appeal the determinations of the Division of Selection Services which found that they did not meet the requirements for Quality Assurance Specialist, Health Services (PS3966K), Department of Human Services.

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

B-58    CHIKIA ROBINSON

Chikia Robinson 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 Traffic Analyst (PM0211M), Trenton.

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

B-59    SARITA THOMAS

Sarita Thomas appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Senior Food Service Worker (PM1030L), Newark School District.

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

B-60    JAMES A. TORNATORE

James A. Tornatore appeals the determination of the Division of Selection Services which found that he did not meet the requirements for the promotional examination for quality Assurance Specialist, Health Services (PS3966K), Department of Human Services.

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

B-61    SHARON WOODARD

Sharon Woodard 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 Principal Data Entry Machine Operator (S0125M), Statewide.

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

B-62    VALERIE WOODS

Valerie Woods appeals the determination for the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Administrative Analyst 2 (PS1240R), Board of Public Utilities.

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

B-63    GLORIA ACOSTA AND JANET CALDERO

Gloria Acosta and Janet Caldero appeal the decisions of the Division of Selection Services that they were not employed in the announced unit scope for the promotional examination for Appeals Examiner 2 (PS7080N), Department of Labor and Workforce Development.

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

B-64    DOUGLAS BELL

Douglas Bell appeals the determination of the Division of Selection Services denying his request for a make-up examination for Sheriff's Officer Sergeant (PC2804L), Salem County.

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

B-65    GLORIA T. GRANT

Gloria T. Grant requests reconsideration of the decision rendered on January 12, 1010, which upheld the validity of the promotional examination for Section Chief, Environmental Protection (PS2371G), Department of Environmental Protection.  This matter was held over from the August 18, 2010 Civil Service Commission meeting.

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

B-66    PATRICK FINEGAN AND IVAN LOPEZ-VARGAS

The Atlantic County Sheriff's Office requests that the provisions of N.J.A.C. 4A:4-7.1A(a) be relaxed in order to permit the intergovernmental transfers of Patrick Finegan and Ivan Lopez-Vargas.

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

B-67    BARBARA SCOTT-PERKINS

The Camden County Health Services Center, requests that the provisions of N.J.A.C. 4A:4-2.6(a) be relaxed in order to allow Barbara Scott-Perkins to compete in a promotional examination for Management Assistant.

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

B-68    CIVIL SERVICE COMMISSION MEETING MINUTES

The Minutes of the Civil Service Commission meeting of September 15, 2010 are submitted for adoption.

ACTION:       The Civil Service Commission adopted the minutes of its meeting of September 15, 2010.

B-69    RICHARD RITCHEY

Richard Ritchey appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the promotional examination for Supervisor Public Works (PM0131M), South Plainfield.

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

B-70    JOHN ROTOLA

Morris County requests that the eligible list for Geographic Information Systems Specialist Trainee (C0230K) be revived in order that the name of John Rotola can be certified for regular appointment.

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

B-71    JOYCE PRIOR

Joyce Prior appeals the denial of her request for a make-up for the open competitive examination for Social Worker 1 (Corrections) (S1301L), Department of Corrections. 

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

B-72    KEVIN I. HULSE

The Town of Philipsburg (Philipsburg) requests relaxation of N.J.A.C. 4A:4-7.1A(c) so as to permit the intergovernmental transfer of Kevin I. Hulse from the title of Sheriff's Officer, Warren County Sheriff's Office, to the title of Police Officer, Phillipsburg.

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

B-73    EMERGENCY MEDICAL TECHNICIAN (C9039J) AND (C0828K), GLOUCESTER COUNTY

            Gloucester County appeals the determination of the Division of State and Local Operations that it did not properly dispose of certification OL091350 for Emergency Medical Technician (C9039J) and (C0828K), Gloucester County.

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

B-74    EARLY SETTLEMENT

In the Matter of Eric Navins

A.C. Wagner Youth Correctional Facility

Department of Corrections

Suspension

ACTION:  The Civil Service Commission acknowledged the settlement.

There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, October 20, 2010, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

                                                                                   

                                                                                    __________________________________

                                                                                    Robert M. Czech

                                                                                    Chairperson

                                                                                    Civil Service Commission

 
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