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

   [Printable PDF Format]

Robert M. Czech, Chairperson

Robert E. Brenner

Richard E. Williams

 

NOVEMBER 20, 2013

 

 

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    A regular meeting of the Civil Service Commission was held on Wednesday, November 20, 2013, in Trenton, New Jersey.

 

            PRESENT: Robert M. Czech, Chairperson, Members Robert E. Brenner and Richard E. Williams; Pamela Ullman, Deputy Attorney General; Henry Maurer, Director, Division of Appeals and Regulatory Affairs.

 

            In accordance with L.1975, c.231, the Secretary to the Civil Service Commission opened the meeting with the following statement:

 

    Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on November 30, 2012, 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 Irvin Acevedo

Mercer County

Department of Corrections

Removal

 

In the Matter of Tyshema Hinnant

City of Newark

Police Department

Suspension

 

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

 

ACTION:       The Civil Service Commission acknowledged the settlements.

 

A-2      EDDIE GONZALEZ

 

Eddie Gonzalez, Police Officer, City of Newark, Police Department, removal effective January 7, 2008, on charges of violation of Police Department rules and regulations regarding conviction of a crime, conduct in public and private and conduct unbecoming a public employee.

 

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

 

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

 

A-3      DAVID REEDINGER

           

David Reedinger, County Correction Officer, Middlesex County, Department of Adult Corrections, removal effective May 21, 2013, on charges of other sufficient cause, unauthorized use of force, neglect of duty and conduct unbecoming a public employee.

           

Recommendation of the Administrative Law Judge - Reverse the removal.

 

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

 

 

SECTION B - MISCELLANEOUS MATTERS

 

 

B-1      ANGELA DUBON

 

Angela Dubon, represented by Ciro Spina, Esq., appeals her removal from the eligible list for Police Officer (S9999M) by Plainfield on the basis of psychological unfitness to perform effectively the duties of the position.

 

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

 

B-2      MARGARET BARNES-WILLIAMS

 

Margaret Barnes-Williams, Community Aide Schools/Teacher Aide, with the Newark School District, appeals the determination of her layoff rights by the Division of Classification and Personnel Management.

 

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

 

B-3      TRACY BEATON, ET AL. 

 

Tracy Beaton, James Eden, Jonathan Harrigan, Shielah Jennings, Tanaya Johnson, Cornelius Poulson, Charles Robinson, Wacoa Smith, and Erica Walker, Custodial Workers with the Newark School District, represented by Arnold Shep Cohen, Esq., appeal the determinations of their layoff rights by the Division of Classification and Personnel Management.

 

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

 

B-4      ANGEL CONCEPCION, ET AL. 

 

Angel Concepcion, Labor 1, Sharon McCormick, Keyboarding Clerk 1, and Edna Wadley, Senior Maintenance Repairer, with the Newark School District, represented by Arnold Shep Cohen, Esq., appeal the determinations of their layoff rights by the Division of Classification and Personnel Management.

 

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

 

B-5      ROSE ANN FISCHER

 

Rose Ann Fischer, represented by Peter J. Cresci, Esq., appeals Hudson County's decision to remove her from the position of Superintendent of Weights and Measures.

 

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

VOTE:           Robert M. Czech                   (Abstained)

                      Robert E. Brenner                 (Yes)

                     Richard E. Williams              (Yes)

 

B-6      CHRISTOPHER WHITE

 

Christopher White, a Deputy Public Advocate 2, New Jersey Division of Rate Counsel, in but not of, the Department of the Treasury, appeals the decision of the Treasury to relocate the office of the Division of Rate Counsel, effective April 8, 2013.

 

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

 

B-7      JOSHUA FELDMAN

 

Joshua Feldman, represented by Catherine M. Elston, Esq., appeals the decision of the Division of Classification and Personnel Management which found that Hudson County had presented a sufficient basis to remove the appellant's name from the County Correction Lieutenant (PC2768L), Hudson County, eligible list due to an unsatisfactory background record.

 

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

 

B-8      LAMONT MCLAURIN

 

Lamont McLaurin appeals the decision of the Department of Corrections to remove his name from the Correction Officer Recruit (S9998K), eligible list due to an unsatisfactory criminal record.

 

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

 

B-9      WILLIAM PEREZ

 

William Perez appeals the decision of the Division of Classification and Personnel Management to remove his name from the Sheriff's Officer (S9999K), Passaic County eligible list due to his failure to appear and complete pre-employment processing.

 

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

 

B-10    AMY YASHKAS

 

Amy Yashkas, represented by Gaetano De Sapio, Esq., appeals the decision of the Division of Classification and Personnel Management, which upheld the bypass of her name on the County Correction Sergeant (PC2785L) and (PC0982N), Hunterdon County, eligible lists.

 

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

 

B-11    NITA SHAH

 

Nita Shah appeals her removal from the Data Entry Operator 3 (PS1583I), State Parole Board eligible list due to her failure to pass the clerical performance examination.

 

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

 

B-12    KEITH LONEY

 

Keith Loney, a Correction Sergeant with the Adult Diagnostic and Treatment Center, Department of Corrections, requests a retroactive date of appointment.

 

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

 

B-13    SANDRA CALLERY

 

The Town of Phillipsburg, represented by Richard W. Wenner, Esq., appeals the decision of the Division of Classification and Personnel Management that the proper classification of Sandra Callery's position with Phillipsburg is Assistant Municipal Tax Collector.  The appellant seeks a Principal Account Clerk job classification.

 

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

 

B-14    JENNIE HILL

 

Jennie Hill appeals the decision of the Division of Classification and Personnel Management that the proper classification of her position with the Department of Treasury is Technical Assistant 1, Treasury.  The appellant seeks a Program Technician job classification.

 

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

 

B-15    JOSE QUANN

 

Jose Quann appeals the determination of the Division of Classification and Personnel Management that his position with the Department of Health is properly classified as Public Health Representative 2.  The appellant seeks a Public Health Representative 1 job classification.

 

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

 

B-16    DATA BASE ANALYST 1 (S0219P), DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT

 

The Department of Labor and Workforce Development, requests permission not to make an appointment from the November 16, 2012 certification for Data Base Analyst 1 (S0219P), DOL.

 

ACTION:       The Civil Service Commission granted the appointment waiver but presently assessed no selection costs.

 

B-17    SENIOR COMMUNITY SERVICE AIDE (M0096P), CITY OF EAST ORANGE

 

The City of East Orange requests permission not to make an appointment from the November 26, 2012 certification for Senior Community Service Aide (M0096P).

 

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

 

B-18    TIFFANY BROWN, ET AL.

 

Tiffany Brown, Shellie Cross, Jennifer Dede, Kelechi Ezeadi, Sheri Gallo, Derrick Lamont Harris, Kareemah Harris, Keith Hauber, Adellamarie Link, Karen Lynch-Mattioli, Elizabeth Pasquarella, Carole Pierce, Debralee Seitz, Thamar Slippe-Sampson, Shakeemah Smith, and Jessica Umstot appeal the determinations of the Division of Selection Services which found that they were below the minimum requirements in experience for the promotional examination for County Services Specialist (PS1394K), Department of Children and Families.

 

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

 

B-19    JEFFREY HEALEY

 

Jeffrey Healey appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Administrative Analyst 2, Data Processing (PS8118N), Department of Labor and Workforce Development.

 

ACTION:       The Civil Service Commission directed that this appeal be denied and the appellant's provisional position undergo a classification review.

 

B-20    MILISSA MITCHELL

 

Milissa Mitchell appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Principal Purchasing Assistant (PC1209R), Camden County.

 

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

 

B-21    CHRISTOPHER MUMMERT

 

Christopher Mummert appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Principal Stock Clerk (PS6185J), Rowan University.

 

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

 

B-22    EARLY SETTLEMENTS

 

In the Matter of Kiara Brown

Vineland Developmental Center

Department of Human Services

Release at the end of the working test period

 

In the Matter of Shakira Robinson

Vineland Developmental Center

Department of Human Services

Release at the end of the working test period

 

ACTION:       The Civil Service Commission acknowledged the settlements.

 

B-23    CHANGE IN CLASSIFICATION PLAN - TITLE CREATION

 

The Division of Classification and Personnel Management requests the establishment of the Database Administrator and Data Architect title series in order to classify positions that are primarily responsible for database management or for data modeling, design, and warehousing.

 

 

 

 

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

  

B-24    CIVIL SERVICE COMMISSION MEETING DATES FOR 2014

 

The proposed Civil Service Commission meeting dates are submitted for approval.

 

ACTION:       The Civil Service Commission adopted the meeting dates for 2014.

 

B-25    JOEL E. JONES

 

Joel E. Jones, represented by Darren M. Gelber, Esq., appeals his removal from the eligible list for Police Officer (S9999M) by Woodbridge on the basis of psychological unfitness to perform effectively the duties of the position.

 

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

 

B-26    LYNDON JOHNSON

 

Lyndon Johnson, a Police Lieutenant with the City of Long Branch, represented by Stuart J. Alterman, Esq., petitions the Civil Service Commission for interim relief of his immediate suspension without pay, effective December 26, 2012.

 

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

 

B-27    NICHOLAS CAPRIO

 

The City of Bridgeton requests relaxation of the provisions of N.J.A.C. 4A:4-7.1A so as to permit the intergovernmental transfer of Nicholas Caprio from the title of Sheriff's Officer, Salem County Sheriff's Office, to the title of Police Officer, City of Bridgeton.

 

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

 

B-28    THOMAS TAYLOR

 

Voorhees Township, on behalf of Thomas Taylor, requests that he be permitted to participate in the intergovernmental transfer program and to complete the remainder of his working test period as a Police Officer with Voorhees.

 

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

 

B-29    COLLEEN KELLER

 

Colleen Keller 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 Manager 4, Environmental Protection, Technical/Scientific/Engineering (PS2873G), Department of Environmental Protection.

 

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

 

B-30    MARTY DIAS

 

The appeal of Marty Dias, a Police Officer with the City of East Orange, of his 180 calendar day suspension, on charges, was heard by Administrative Law Judge James A. Geraghty (ALJ), who rendered his initial decision on September 23, 2013.  At its meeting on November 7, 2013, the Civil Service Commission adopted the ALJ's recommendation to uphold the appellant's 180 calendar day suspension.  However, the Commission found it necessary to address the exceptions and cross exceptions filed on behalf of the parties.  The proposed final decision is now submitted for the Commission's review.

 

ACTION:       The Civil Service Commission adopted the final decision.

 

B-31    MARGUERITE VERNE CHERAMY

 

The appeal of Marguerite Verne Cheramy, a Cottage Training Technician with North Jersey Developmental Center, Department of Human Services, of her removal effective July 27, 2012, on charges, was heard by Administrative Law Judge Sandra Ann Robinson (ALJ), who rendered her initial decision on September 26, 2013.  At its meeting on November 7, 2013, the Civil Service Commission accepted and adopted the enumerated Findings of Facts as contained in the attached initial decision, with the exception of numbers 13 and 62, but did not adopt the ALJ's recommendation to reverse the removal.  Rather, the Commission modified the removal to a 120 calendar 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)

                     Robert E. Brenner                  (No)

                    Richard E. Williams               (Yes)

 

B-32    CIVIL SERVICE COMMISSION MINUTES

 

Submitted for adoption are the Civil Service Commission minutes of its meeting of November 7, 2013.

 

ACTION:       The Civil Service Commission adopted the minutes of its meeting of November 7, 2013.

  

There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, December 4, 2013, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

 
 
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