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

 [Printable PDF Format]

Margaret E. L. Howard, Presiding
Flavella Branham
John Currie

A regular meeting of the Civil Service Commission was held on Wednesday December 17, 2008, in Trenton, New Jersey.

PRESENT: Margaret E. L. Howard, Presiding Member; Members Flavella Branham, and John Currie; Pamela Ullman, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.

In accordance with L.1975, c.231, Presiding Member Margaret E. L. Howard, 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 21, 2007, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified.

STATE

The Civil Service Commission recorded the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof.









SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Claudy Augustin
Albert C. Wagner Youth Correctional Facility
Department of Corrections
Removal

In the Matter of Michael Bakogiannis
Edna Mahan Correctional Facility for Women
Department of Corrections

In the Matter of Deloyd Banks
Newark School District
Removal

In the Matter of Stefanie Bhoorasingh
Essex County
Department of Corrections
Removal

In the Matter of Robin Billand
Township of North Brunswick
Department of Parks and Recreation Community Services
Removal

In the Matter of Philip D. Blidi
New Lisbon Developmental Center
Department of Human Services
Suspension

In the Matter of Martin Burch
New Jersey State Prison
Department of Corrections
Release at the end of the working test period

In the Matter of Michael Cobb
Essex County
Department of Public Safety
Removal

In the Matter of Robert Comisky
The College of New Jersey
Suspension

In the Matter of Mario Correia
City of Newark
Police Department
Removal

In the Matter of Sharise Ganie
Ann Klein Forensic Center
Department of Human Services
Suspension

In the Matter of Curtis Goins
Greystone Psychiatric Hospital
Department of Human Services
Removal

In the Matter of Darius Houston
Woodbridge Developmental Center
Department of Human Services
Removal (2)

In the Matter of Tia Johnson
Trenton Psychiatric Hospital
Department of Human Services
Removal

In the Matter of Kenneth Kriete
Department of Environmental Protection
Suspension

In the Matter of William H. Madara
Salem County
Police Department
Suspension

In the Matter of Dayna Maksynowicz
Garden State Correctional Facility
Department of Corrections
Suspension

In the Matter of Michael Mesday
Township of Ewing
Department of Public Safety
Removal

In the Matter of Miguel Ojeda
City of Perth Amboy
Department of Public Works
Suspension

In the Matter of Tae Ung Pak
Passaic Valley Water Commission
Suspension

In the Matter of Matthew Parsons
Sussex County
Department of Central and Shared Services
Removal

In the Matter of James Quartey
Hudson County
Department of Health and Human Services
Suspension and Removal

In the Matter of Luis Ramirez
Ancora Psychiatric Hospital
Department of Human Services
Removal

In the Matter of Tyree Toney
Union County
Runnells Hospital
Release at the end of the working test period



In the Matter of Loraine Veach
Vineland Developmental Center
Department of Human Services
Removal

In the Matter of Annette Woods
Ancora Psychiatric Hospital
Department of Human Services
Suspension

In the Matter of Linda L. Wright
Vineland Developmental Center
Department of Human Services
Removal

In the Matter of Paul Zielinski
City of Wildwood
Department of Public Safety and Public Affairs
Suspension

In the Matter of Robert W. Zorn, Jr.
Mercer County
Back pay enforcement

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

ACTION: The Civil Service Commission acknowledged the settlements.


A-2 AARON DARGON

Aaron Dargon, Security Guard, Newark School District, 15-day suspension, on charges of conduct unbecoming a public employee, neglect of duty, incompetency, inefficiency or failure to perform duties and other sufficient cause.

Recommendation of the Administrative Law Judge - Dismiss the appeal with prejudice.

ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to dismiss the appeal without prejudice.

A-3 PAUL DRAYTON

Paul Drayton, Supervisor of Sanitation, City of Newark, Department of Neighborhood and Recreational Services, indefinite suspension pending disposition of criminal charges.

Recommendation of the Administrative Law Judge - Uphold the indefinite suspension pending disposition of criminal charges.

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


A-4 KEVIN ORAS

Kevin Oras, Police Captain, City of Jersey City, Police Department, demotion to the position of Lieutenant, effective October 21, 2005, on charges of violation of various Police Department rules and regulations regarding, among other things, truthfulness and release of information.

Recommendation of the Administrative Law Judge - Uphold the demotion to the position of Lieutenant.

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


A-5 ROGER CALDWELL, JR. (REMAND)

Roger Caldwell, Jr., Human Services Specialist 2, Mercer County Board of Social Services, removal effective August 1, 2005, on the charge of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-6 JOSEPH GAINES

Joseph Gaines, Sanitation Inspector, City of Trenton, Administration Department, removal effective February 9, 2005, on charges of incompetency, inefficiency or failure to perform duties, neglect of duties 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 STANFORD HARRIS

Stanford Harris, Human Services Technician, Greystone Park Psychiatric Hospital, Department of Human Services, removal effective May 2, 2004, on the charge of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the removal, but award partial back pay.

ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge but modified the award of back pay.



A-8 ERIC HEIGLER

Eric Heigler, Senior Juvenile Detention Officer, Gloucester County, Department of Correctional Services, removal effective August 9, 2005, on the charge of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-9 CAROLINE B. JOHNSON

Caroline B. Johnson, Human Services Assistant, New Lisbon Developmental Center, Department of Human Services, removal effective December 15, 2006, on the charge of physical or mental abuse of a patient, client, resident or employee.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-10 TRACY JOHNSON

Tracy Johnson, Correction Sergeant, Northern State Prison, Department of Corrections, removal, on charges of physical or mental abuse of an inmate, patient, client, resident, or employee, falsification, conduct unbecoming a public employee and violation of administrative procedures and/or regulations involving safety and security.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

 


A-11 STACY MCCANTS

Stacy McCants, Security Guard, City of Trenton, Department of Public Works, removal effective January 9, 2008, on the charge of chronic or excessive absenteeism or lateness.

Recommendation of the Administrative Law Judge - Uphold the removal.

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


A-12 DONALD MITCHELL

Donald Mitchell, County Correction Sergeant, Hudson County, Department of Corrections, removal and resignation not in good standing effective June 29, 2006, on charges of resignation not in good standing, insubordination, neglect of duty, conduct unbecoming a public employee, chronic and excessive absenteeism and other sufficient cause.

Recommendation of the Administrative Law Judge - Reverse the resignation not in good standing and removal.

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


A-13 DANIEL O'MULLAN

Daniel O'Mullan, County Correction Officer, Essex County, Department of Corrections, removal effective March 14, 2005, on charges of incompetency, inefficiency, failure to perform duties, inability to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause including bribery.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

VOTE: Margaret E. L. Howard (Yes)
Flavella Branham (Abstained)
John Currie (Yes)

A-14 ANTHONY RENIERI

Anthony Renieri, Senior Correction Officer, Juvenile Justice Commission, removal effective September 7, 2004, on charges of conduct unbecoming a public employee, and violation of policies regarding drug free workplace, random drug testing, and the use, possession or sale of any controlled substance.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

 


A-15 SWARNA VENKATESAN

Swarna Venkatesan, Judiciary Clerk 3, State of New Jersey Judiciary, Middlesex Vicinage, removal effective June 21, 2007, on charges of conduct unbecoming a public employee, violation of policies regarding code of conduct and failure to follow the Court's policies and procedures related to family member involvement in litigation before the Court.

Recommendation of the Administrative Law Judge - Uphold the removal.

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


A-16 MARK FOSTER, ET AL. (CONSOLIDATION)

Mark Foster, Steven Lewis, Brainard Samuels, Hudson Williams and Carl Winrow were laid off from their respective positions with the Trenton Housing Authority, effective September 11, 2006, for reasons of economy and efficiency.

Recommendation of the Administrative Law Judge - Grant summary decision and uphold the layoffs.

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


A-17 JOHN TAYLOR (CONSOLIDATION)

John Taylor, Senior Correction Officer, Garden State Youth Correctional Facility, Department of Corrections, removal effective July 25, 2006, on charges of physical or mental abuse of an inmate, patient, client, resident or employee, inappropriate physical contact, or mistreatment of an inmate, patient, client, resident or employee, conduct unbecoming a public employee and other sufficient cause. This matter was held over from the November 6, 2008 Civil Service Commission meeting for a testimony summary.

Recommendation of the Administrative Law Judge - Reverse the removal, reverse the denial of accidental disability benefits and reverse the forfeiture of one year of pension service credit.

ACTION: The Civil Service Commission reversed the recommendation of the Administrative Law Judge to uphold the removal.

A-18 SETTLEMENTS

In the Matter of Tanisha Leach
New Lisbon Developmental Center
Department of Human Services
Release at the end of the working test period

In the Matter of Richard S. Padmore, Jr.
New Lisbon Developmental Center
Department of Human Services
Removal (2)

ACTION: The Civil Service Commission acknowledged the settlements.


SECTION B - MISCELLANEOUS MATTERS

B-1 DERICK BOWMAN

Derick Bowman 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 (S9999H) 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 WYKENA GREEN

Wykena Green appeals her rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove her name from the eligible list for Correction Officer Recruit (S9999H) 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-3 ALEXANDER GONZALEZ

Alexander Gonzalez, represented by Charles M. Grossman, Esq. appeals his rejection as a County Correction Officer candidate by Union County and its request to remove his name from the eligible list for County Correction Officer (S9999H) 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-4 JAMES R. GRAVES

James R. Graves, represented by Sidney H. Lehmann, Esq., appeals his rejection as a Police Officer candidate by Verona Township and its request to remove his name from the eligible list for Police Officer (S9999H) on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-5 JEFFREY HARKINS

Jeffrey Harkins, represented by David J. DeFillippo, Esq., appeals his rejection as a Police Officer candidate by North Wildwood and its request to remove his name from the eligible list for Police Officer (S9999H) on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-6 TIMOTHY O'HARE

Timothy O'Hare, represented by James D. Addis, Esq., appeals his rejection as a County Correction Officer candidate by Bergen County and its request to remove his name from the eligible list for County Correction Officer (S9999H) 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-7 ANDREW ROTT

Andrew Rott, represented by Thomas P. Farnoly, Esq., appeals the removal of his name from the (S9999H) eligible list for the title of Correction Officer Recruit, Department of Corrections on the basis of psychological unfitness.

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

B-8 MATTHEW TATALIKAS

Matthew Tatalikas, represented by Lynsey A. Johnson, 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 (S9999H) 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-9 LUIS UNDA, JR.

Luis Unda, Jr., appeals his rejection as a Sheriff's Officer candidate by Atlantic County and its request to remove his name from the eligible list for Sheriff's Officer (S9999H) 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-10 NIAM CAMP

Niam Camp, a Senior Correction Officer with the Department of Corrections, represented by Frank M. Crivelli, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-11 ABU KOSIAH

Abu Kosiah, a Cottage Training Technician with Hunterdon 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-12 ELIZABETH MILLER

Elizabeth Miller, a Head Cottage Training Supervisor with Hunterdon 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 in part.

B-13 LUCILLE ROBINSON

Lucille Robinson, a Senior Income Maintenance Technician with Division of Medical Assistance and Health Services, 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-14 CINDY SHAMOON CASTRO

Cindy Shamoon Castro, a Senior Correction Officer at East Jersey State Prison, Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-15 LINDA C. WILLIAMS

Linda C. Williams, a Senior Correction Officer with New Jersey State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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


B-16 ESTEBAN HEREDIA

Esteban Heredia appeals the decision of the Division of Local Human Resource Management (LHRM) which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999H), Hillside Township, for failure to meet the residency requirement.

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

B-17 HEIDI SIEVERS

The Department of Corrections appeals the decision of the Division of State Human Resource Management (SHRM), which found that Heidi Sievers had presented a sufficient basis to restore her name to the Correction Officer Recruit (S9999H) subject eligible list.

ACTION: The Civil Service Commission directed that this appeal be denied but Ms. Sievers' name be reflected as bypassed on the subject certification.

B-18 CHARLES WILLIAMS

Charles Williams appeals the decision of the Division of Local Human Resource Management (LHRM) which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for County Correction Officer (S9999H), Hudson County, on the basis of falsification of his employment application.

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

B-19 ACCOUNT CLERK (M1502H), MILLTOWN

The Borough of Milltown requests permission not to make an appointment from the May 29, 2007 certification for Account Clerk (M1502H).

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

B-20 ADMINISTRATIVE CLERK, TYPING (M1517J), TOWN OF KEARNY

The Town of Kearny requests permission not to make an appointment from the March 19, 2007 certification for Administrative Clerk, Typing (M1517J).

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

B-21 ADVOCATE, VICTIM-WITNESS PROGRAM (C1914J), SALEM COUNTY

Salem County requests permission not to make an appointment from the December 17, 2007 certification for Advocate, Victim-Witness Program (C1914J).

ACTION: The Civil Service Commission denied an appointment waiver and directed that the certification be disposed of and assessed compliance costs in the amount of $500.

B-22 DATA PROCESSING ANALYST 1 (S6772F), DEPARTMENT OF HEALTH AND SENIOR SERVICES

In In the Matter of Data Processing Analyst 1 (S6772F), Department of Health and Senior Services (MSB, decided August 9, 2006), the Merit System Board granted the request of the Department of Health and Senior Services (DHSS), for an appointment waiver from the September 1, 2005 certification and ordered that no selection costs would be assessed at that time since there was a possibility that the list could be utilized prior to is expiration. However, the eligible list was not utilized and the matter of the assessment of costs is now before the Civil Service Commission.

ACTION: The Civil Service Commission assessed selection costs in the amount of $8,285.


B-23 ECONOMIC DEVELOMENT REPRESENTATIVE 2 (M1459H), TOWN OF KEARNY

The Town of Kearny requests permission not to make an appointment from the January 29, 2007 certification for Economic Development Representative 2 (M1459H).

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

B-24 RECREATION SUPERVISOR (M0971G), ASBURY PARK

Asbury Park requests permission not to make an appointment from the January 3, 2006 certification for Recreation Supervisor (M0971G).

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

B-25 SANITATION DRIVER (PM0651G), WOODBRIDGE TOWNSHIP

Woodbridge Township requests the revival of the Sanitation Driver (PM0651G) eligible list in order to effectuate two appointments.

ACTION: The Civil Service Commission granted the request.

B-26 SENIOR ACCOUNT CLERK (M0139K), BERKELEY TOWNSHIP SCHOOL DISTRICT

The Berkeley Township School District request permission not to make an appointment from the August 18, 2008 certification for Senior Account Clerk (M0139K).

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


B-27 SUPERVISING CONTRACT ADMINISTRATOR (S3040G), STATEWIDE

The Department of State requests permission not to make an appointment from the May 21, 2007 certification for Supervising Contract Administrator (S3040G), Statewide.

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

B-28 SUPERVISOR OF RECORDS (C1753J), HUDSON COUNTY

Hudson County requests permission not to make an appointment from the July 2, 2007 certification for Supervisor of Records (C1753J).

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

B-29 TECHNICAL ASSISTANT 3 (M1403H), MOUNT HOLLY

The Township of Mount Holly requests permission not to make an appointment from the June 11, 2007 certification for Technical Assistant 3 (M1403H).

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

B-30 VIOLATIONS CLERK (M1805J), MOUNT HOLLY

The Township of Mount Holly requests permission not to make an appointment from the February 26, 2008 certification for Violations Clerk (M1805J).

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


B-31 PAMELA ISLAM

Pamela Islam, a Social Worker 2, Corrections, at South Woods State Prison, Department of Corrections (DOC), appeals the determination of the Assistant Director of the Equal Employment Division (EED) of the DOC, stating that the appellant had failed to present sufficient evidence to support a finding that she 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-32 ALEX ROBOTIN

Alex Robotin, a Supervisor 3, Motor Vehicles with the Motor Vehicle Commission (MVC), represented by Joseph A. Carmen, Esq., appeals the determination of the MVC's Equal Employment Opportunity Officer, stating that the appellant failed to present sufficient evidence to support a finding that he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace (State Policy). This matter was held over from the December 3, 2008 Civil Service Commission meeting.

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

B-33 ALEX ROBOTIN

Alex Robotin, a Supervisor 3, Motor Vehicles with the Motor Vehicle Commission (MVC), represented by Justin M. Murphy, Esq., appeals the determination of the MVC's Acting Equal Employment Opportunity Officer, stating that there was probable cause to substantiate a finding that he violated the New Jersey State Police Prohibiting Discrimination in the Workplace (State Policy). This matter was held over from the December 3, 2008 Civil Service Commission meeting.

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


B-34 JANE LYONS

The Department of Transportation (DOT), represented by Nonee Lee Wagner, Deputy Attorney General, requests a determination regarding the amount of counsel fees due to Jane Lyons in accordance with the Merit System Board decision rendered on May 9, 2007.

ACTION: The Civil Service Commission directed that Jane Lyons not be awarded any counsel fees.

B-35 PIERRE VALLES

Pierre Valles, a former County Correction Officer with Essex County, represented by Anthony J. Fusco, Jr., Esq., requests counsel fees in regard to the Merit System Board's decision, In the Matter of Pierre Valles (MSB, decided November 1, 2006).

ACTION: The Civil Service Commission granted the request.

B-36 ELIZABETH ASHTON AND LUCYNA SINGURA

Elizabeth Ashton and Lucyna Singura, Supervising Field Representatives, Local Property Tax with the Department of the Treasury, request that the Supervising Field Representative Local Property Tax (PS1762U) eligible list be revived in order to effectuate their permanent appointments.

ACTION: The Civil Service Commission denied the requests.

B-37 WILLIAM AYRES

William Ayres, a Communications Network Monitor with the Office of Information Technology (OIT), represented by Dudley Burdge, Senior Staff Representative, Communications Workers of America, Local 1032 (Local 1032), seeks enforcement of the July 22, 2008 determination of the Division of State Human Resource Management (SHRM) finding that the duties and responsibilities of his position would be properly classified by the title Technical Support Specialist 2, OIT.

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

B-38 COMMERCE COMMISSION REORGANIZATION

The Director, Division of State Human Resource Management, requests the reallocation of various titles to the non competitive division of the career service from September 27, 2008 to October 10, 2008.

ACTION: The Civil Service Commission granted the request.

B-39 COURT ATTENDANT (M6011G), UNION TOWNSHIP

The Division of Local Human Resource Management, requests that Union Township be ordered to return the November 9, 2005 certification of the eligible list for Court Attendant (M6011G) for proper disposition.

ACTION: The Civil Service Commission granted the request.

B-40 ROSEMARY COLEMAN

Rosemary Coleman appeals the decision of the Division of Local Human Resource Management (LHRM) that the proper classification of her position is Senior Account Clerk with an effective date of August 5, 2007. The appellant seeks an earlier date of reclassification to the title of Senior Account Clerk.

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


B-41 GUILLERMO DACPANO, ET AL.

Guillermo Dacpano, Kathleen Gallagher, Ankit Parikh, Arthur Phillips, Miriam Rogado, Jason Tsai and Manhong Wu, Software Development Specialist 1 with the Office of Information Technology (OIT), represented by Dudley Burge, Senior Staff Representative, Communications Workers of America, Local 1032 (Local 1032), seek enforcement of the June 23, 2008, June 24, 2008, July 11, 2008 and July 22, 2008 determinations of the Division of State Human Resource Management (SHRM) finding that the duties and responsibilities of their positions would be properly classified by the title Software Development Specialist 2.

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

B-42 MARVENE GOODIN

Atlantic County appeals the October 1, 2008 decision of the Division of Local Human Resource Management (LHRM) which found that the position encumbered by Marvene Goodin is correctly classified as Principal Tax Clerk.

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

B-43 RONALD LUCCARELLI

Ronald Luccarelli, a Supervisor, Data Processing Technical Support, Office of Information Technology (OIT), with the OIT, represented by Dudley Burge, Senior Staff Representative, Communications Workers of America, Local 1032 (Local 1032), seeks enforcement of the June 24, 2008 determination of the Division of State Human Resource Management (SHRM) finding that the duties and responsibilities of his position would be properly classified by the title Supervisor, Information Technology.

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


B-44 MARIA SIGNORA

Maria Signora, a Secretarial Assistant 3 (Non-Stenographic) with the Office of Information Technology (OIT), represented by Dudley Burdge, Senior Staff Representative, Communications Workers of America, Local 1032 (Local 1032), seeks enforcement of the March 3, 2008 determination of the Division of State Human Resource Management (SHRM) finding that the duties and responsibilities of her position would be properly classified by the title Secretarial Assistant 1 (Non-Stenographic).

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

B-45 AUDIO VISUAL SPECIALIST (M6559H), SADDLE BROOK TOWNSHIP

Saddle Brook Township requests reconsideration of that part of the decision rendered on July 16, 2008 by the Civil Service Commission in In the Matter of Audio Visual Specialist (M6559H), Saddle Brook Township, which assessed costs of the selection process in the amount of $2,048.

ACTION: The Civil Service Commission denied the request for reconsideration and ordered the appointing authority to pay the prior assessment of $2,048 within 30 days.

B-46 VERNON L. DRUMMOND, JR.

Vernon L. Drummond, Jr., a Residential Services Worker with the Vineland Developmental Center, Department of Human Services, requests reconsideration of that portion of the final decision of the Merit System Board, rendered on April 23, 2008, which limited his award of back pay, benefits, and seniority.

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


B-47 BARBARA LOSAGIO

Barbara Losagio, a former part-time Technical Assistant, Construction Official, with the Township of Pohatcong, represented by Donald E. Souders, Jr., Esq., petitions for reconsideration of that portion of the decision, In the Matter of Barbara Losagio (MSB, decided February 27, 2008), regarding payment for accrued sick leave with respect to the estate of her late husband. Ms. Losagio also seeks enforcement of the Board's determination.

ACTION: The Civil Service Commission denied the request for reconsideration but granted the request for enforcement in part.

B-48 POLICE CAPTAIN (PM3519K) ATLANTIC CITY

William Mazur, James Pasquale, Atlantic City, represented by Robert Tarver, Jr., City Solicitor, and the Policeman's Benevolent Association Local 24, represented by Brett Last, Esq., request reconsideration of the final decision of the Civil Service Commission, rendered on August 27, 2008, which reduced the one-year service requirement for the Police Captain (PM3519K), Atlantic City, examination to the completion of the working test period for Police Lieutenant.

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

B-49 NATHANIEL RICHARDSON

Nathaniel Richardson request reconsideration of the final decision of the Merit System Board, rendered on February 13, 2008, which upheld the bypass of his name on the County Correction Sergeant (PC2652F), Essex County, eligible list.

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

VOTE: Margaret E. L. Howard (Yes)
Flavella Branham (Abstained)
John Currie (Yes)


B-50 COLOSSAIN DAVIS

The appeal of Colossain Davis, a Police Aide with the City of Newark, concerning her removals, effective November 13, 2006, on charges, was heard by Administrative Law Judge Caridad F. Rigo (ALJ), who rendered her initial decision on October 23, 2008. At its meeting on December 3, 2008, the Civil Service Commission (Commission)adopted the ALJ's recommendation to reverse two of the removals but did not adopt the ALJ's recommendation to modify the third removal to a 30-day suspension. Rather, the Commission imposed a 60-working day suspension. The proposed decision is now submitted for the Commission's review.

ACTION: The Civil Service Commission adopted the decision.

B-51 DANIELLE M. GAINES

The appeal of Danielle M. Gaines, a County Correction Officer with Burlington County, of her 130-working day suspension, on charges, was heard by Administrative Law Judge Jeff S. Masin (ALJ), who rendered his initial decision on October 20, 2008 upholding the suspension. However, prior to the matter being presented the Civil Service Commission (Commission) for a final administrative determination, the appellant filed a request to withdraw her appeal. Accordingly, the Commission, at its meeting on December 3, 2008 acknowledged the withdrawal of the appellant's appeal with prejudice, which rendered the ALJ's initial decision moot. The proposed final decision is now submitted for the Commission's review.

ACTION: The Civil Service Commission adopted the final decision.


B-52 MATTHEW VANDERVELDEN

The appeal of Matthew VanDerVelden, a Police Sergeant with the City of Paterson, of his 60-day suspension on charges, was heard by Administrative Law Judge Walter M. Braswell (ALJ), who rendered his initial decision on October 27, 2008. At its meeting on December 3, 2008, the Civil Service Commission did not adopt the ALJ's recommendation to uphold the 60-day suspension. Rather, the Commission increased the penalty to a six-month suspension. The proposed final decision is now submitted for the Commission's review.

ACTION: The Civil Service Commission adopted the final decision.

B-53 ANNATTA WADE

The appeal of Annatta Wade, a Hospital Attendant with Essex County, of her removal, effective October 5, 2007, on charges, was heard by Administrative Law Judge Imre Karaszegi, Jr. (ALJ), who rendered his initial decision on October 6, 2008. At its meeting on December 3, 2008, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation to reverse the appellant's removal. Rather, the Commission modified the penalty to a three-month suspension. The proposed decision is now submitted for the Commission's review.

ACTION: The Civil Service Commission adopted the decision.

B-54 PALMER J. ASKIN, ET AL.

Palmer J. Askin, Ilce Kocovoski, and Timonty J. Leuallen appeal the determinations of the Division of Selection Services which found that they did not meet the experience requirement for the promotional examination for Landscape Technician (PS7451T), Department of Transportation.

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


B-55 BARBARA BRYAN

Barbara Bryan appeals the determination of the Division of Selection Services which found that she did not meet the requirements for the promotional examination for Quality Assurance Technician (PS4931K), Department of Human Services.

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

B-56 MELANIE R. BUFFALOE AND LORIE A. FREDERICKS

Melanie R. Buffaloe and Lorie A. Fredericks appeals the determinations of the Division of Selection Services which found that they did not meet the requirements for the promotional examination for Quality Assurance Technician (PS4931K), Department of Human Services.

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

B-57 MICHAEL CLIFFORD

Michael Clifford appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the open competitive examination for Welder (C0238K), Camden County.

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

B-58 DEBBIE COLEMAN

Debbie Coleman appeals the determination of the Division of Selection Services that she did not meet the education and experience requirements for the promotional examination for Administrative Assistant 3 (PS7400N), Department of Labor and Workforce Development.

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


B-59 JILL COSTA

Jill Costa 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 Technical Assistant 1, Higher Education (PS7131J), The Richard Stockton College of New Jersey.

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

B-60 ROBIN DELPECHE

Robin Delpeche appeals the determination of the Division of Selection Services which found that she did not meet the education and experience requirements for the promotional examination for Accountant 2 (PS7013K), Department of Children and Families.

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

B-61 EUGENE DUNCAN

Eugene Duncan 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 promotional examination for Social Worker 2, Corrections (PS8145I), Mountainview Correctional Institution.

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


B-62 PATRICIA EPPS, ET AL.

Patricia Epps, Carressa Nelson, and Audra Pagano appeal the determinations of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Assistant Training Supervisor County Welfare Agency (PC0356J), Essex County.

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

B-63 STACY FORMAN

Stacy Forman appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Senior Administrative Analyst (PC0242K), Atlantic County.

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

B-64 ROSS A. FRIEDMAN, ET AL.

Ross A. Friedman, William T. Hubbard and Eric T. Madurki appeal the determinations of the Division of Selection Services which found that they did not meet the requirements for the promotional examination for Section Chief Health Care Facility (PS7679K), Department of Human Services.

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

B-65 GEORGE GAWRON AND PHILIP QUIGLEY

George Gawron, represented by David De Fillippo, Esq., and Philip Quigley appeal the determinations of the Division of Selection Services that they did not meet the experience requirements for the promotional examination for Supervisor Public Works (PM0601K), Sayreville.

ACTON: The Civil Service Commission directed that these appeals be denied.
B-66 CYNTHIA GRAHAM

Cynthia Graham 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 Administrative Assistant 2 (PS6500R), Board of Public Utilities.

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

B-67 RICHARD D. GUNOSKEY AND JOSEPH LUDOVICO

Richard D. Gunoskey and Joseph D. Ludovico appeal the determinations of the Division of Selection Services which found that they did not meet the requirements for the promotional examination for Data Processing Analyst 2 (PS4887G), Department of Environmental Protection.

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

B-68 DAVID HEWITT, ET AL.

David Hewitt, James Ligotti, and Mark Phillips 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 Supervisor, Amusement Rides and Mechanical Inspection (PS8492D), Department of Community Affairs.

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


B-69 THOMAS HOPKINS

Thomas Hopkins appeals the decision of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Signal System Maintenance Worker (PC0579K), Ocean County.

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

B-70 KELLY HOURIGAN

Kelly Hourigan 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 Development Specialist 2, Corrections (PS7414P), Juvenile Justice Commission.

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

B-71 PHYLLIS JOHNSON

Phyllis Johnson appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Nursing Administrator, Psychiatric Services (PS5885K), Trenton Psychiatric Hospital.

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

B-72 SHEILA KRAYBILL

Sheila Kraybill appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Technical Support Specialist 1 (PC1037J), Ocean County.

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

B-73 AKILESWARAN ALAN KUMARASAMY

Akileswaran Alan Kumarasamy appeals the determination of the Division of Selection Services which found that he failed to submit the required evaluation of his foreign transcript and he was below the minimum requirements in experience for the promotional examination for Supervising Program Development Specialist Management and Finance (PS5560K), Department of Human Services.

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

B-74 DEBBIE MARVEL

Debbie Marvel 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 Administrative Secretary (PC1254J), Essex County.

ACTION: The Civil Service Commission referred the matter to the Division of Local Human Management to determine if Ms. Marvel's position should be classified as Administrative Secretary or Deputy Clerk, Board of Freeholders.

B-75 ROBERT G. MOORE

Robert G. Moore appeals the determination of the Division of Selection Services which found that he was not eligible for the promotional examination for Administrative Analyst 1 (PS0850K), Department of Children and Families.

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


B-76 JOSEPH PACELLI

Joseph Pacelli appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Supervisor, Central Mail Room (PC1778J), Hudson County.

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

B-77 SHARON ROSENBERGER-MUGRAUER

Sharon Rosenberger-Mugrauer appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Personnel Assistant 3 (PS5727K), Department of Children and Families.

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

B-78 DWIGHT ROSS

Dwight Ross appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in education for the promotional examination for Administrative Analyst 3 Fiscal Management (PS7045G), Department of Environmental Protection.

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

B-79 JOHN CENTANNI

John Centanni appeals his score on the examination for Deputy Fire Chief (PM3629J), Newark.

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



B-80 NICHOLAS CROSTA

Nicholas Crosta appeals his score on the examination for Deputy Fire Chief (PM3648J), Hillside.

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

B-81 JOHN DOLL

John Doll appeals his score on the examination for Deputy Fire Chief (PM3629J), Newark.

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

B-82 JOSEPH DOUGERT

Joseph Dougert appeals his score on the examination for Deputy Fire Chief (PM3629J), Newark.

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

B-83 RYAN FITZSIMMONS

Ryan Fitzsimmons appeals his score for the oral portion of the examination for the second level Fire Captain (PM3583J), Clifton.

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

B-84 DEHAVEN GRAHAM

Dehaven Graham appeals his scores for the open competitive examinations for Social Worker (S0619J), Statewide and Assistant Social Work Supervisor, Psychiatric (S0620J), Statewide.

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


B-85 ROSS KOWNATSKY

Ross Kownatsky appeals his score for the oral portion of the examination for the second level Fire Captain (PM3598J), Mount Laurel Township.

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

B-86 FREDERICK LEONARDO

Frederick Leonardo appeals his score on the examination for Deputy Fire Chief (PM3649J), West Orange.

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

B-87 RAMZE RAMADAN

Ramze Ramadan appeals his score for the oral portion of the examination for the second level Fire Captain (PM3569J), Passaic.

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

B-88 SUPERVISOR PUBLIC WORKS (PM0301K), CLARK TOWNSHIP

Clark Township appeals the validity of the promotional examination for Supervisor Public Works (PM0301K).

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

B-89 JAMES WEISS

James Weiss appeals his score on the examination for Deputy Fire Chief (PM3629J), Newark.

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

B-90 MICHAEL WITTE

Michael Witte appeals his score on the examination for Deputy Fire Chief (PM3629J), Newark.

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

B-91 SUSAN MCNULTY

The Department of Human Services, on behalf of Susan McNulty, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit Ms. McNulty, who is participating in the donated leave program, to receive more than 180 donated leave days allowed to a recipient.

ACTION: The Civil Service Commission granted the request.

B-92 SHERRY ROGERS

The Office of Information Technology, on behalf of Sherry Rogers, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit Ms. Rogers, who is participating in the donated leave program, to receive more than 180 donated leave days allowed to a recipient.

ACTION: The Civil Service Commission granted the request.

B-93 REACSCTION WITH AMENDMENTS: N.J.A.C. 4A-8, LAYOFFS

Submitted for the Commission's readoption is N.J.A.C. 4A:8, Layoffs. These rules are scheduled to expire on December 27, 2008. A hearing was scheduled September 8, 2008; no comments were received at that time, although one written comment was received during the public comment period. The comment does not necessitate that any changes be made to the proposed readoption with amendments. Therefore, it is recommended that the Commission adopt the proposal without change.

ACTION: The Civil Service Commission adopted the proposal without change.


B-94 CIVIL SERVICE COMMISSION MINUTES

The minutes of the Civil Service Commission meeting of December 3, 2008 are submitted for adoption.

ACTION: The Civil Service Commission adopted the minutes of its meeting of December 3, 2008.

B-95 THOMAS J. NOVAK

Submitted for the Commissions review is a Joint Order of Consolidation and Predominant Interest between the Civil Service Commission and the Public Employment Relations Commission (PERC). At the OAL, Administrative Law Judge Maria Mancini LaFiandra (ALJ) issued an order of consolidation and predominant interest in these matters. In that Order, the ALJ consolidated the matters and stated that, since the factual issue of whether the suspensions were imposed for legitimate reasons will necessarily encompass the claim of anti-union animus raised before PERC, the Civil Service Commission should have the predominant interest. The Joint Order was drafted to adopt the order with one addition; namely, that after the Commission renders its final decision, it would return the matter to PERC for consideration of any remaining issues that are within its jurisdiction.

ACTION: The Civil Service Commission adopted the joint order.

B-96 TRUCK DRIVER (M9933H) RINGWOOD

Ringwood, represented by Sean D. Dias, Esq., requests reconsideration of the decision rendered on December 19, 2007 by the Merit System Board in In the Matter of Truck Driver (M9933H), Borough of Ringwood, which denied its request for an appointment waiver and ordered it to properly dispose of the certification within 30 days.

ACTION: The Civil Service Commission granted the request for an appointment waiver but assessed selections costs in the amount of $2,048 and a prior assessment of $500 for compliance also be assessed.


B-97 CHARLES HAWKINS III

The appeal of Charles Hawkins, III, Police Officer with Woodbridge Township of his removal effective February 28, 2005, on charges, was heard by Administrative Law Judge (ALJ) Israel D. Dubin, who rendered his initial decision on July 22, 2008. At its meeting on December 3, 2008, the Civil Service Commission adopted the ALJ's recommendation to uphold the removal. The proposed final decision is now submitted for the Commission's review.

ACTION: The Civil Service Commission adopted the final decision.

B-98 FREDERICK LEE

The appeal of Frederick Lee, a Human Services Assistant with Ancora Psychiatric Hospital, Department of Human Services, of his removal effective June 26, 2007, on charges, was heard by Administrative Law Judge, Joseph F. Martone (ALJ), who rendered his initial decision on October 28, 2008. At its meeting on December 3, 2008, the Civil Service 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.

B-99 ANDREW PETTIT

The appeal of Andrew Pettit, a Cottage Training Technician with Woodbine Developmental Center, Department of Human Services, of his removal effective October 26, 2008, was heard by Administrative Law Judge W. Todd Miller (ALJ), who rendered his initial decision on September 9, 2008. At its meeting on December 3, 2008, the Civil Service Commission did not adopt the ALJ's recommendation to modify the appellant's removal to a 90-day suspension. Rather, the Commission modified the removal 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-100 ROBERT COBB

Robert Cobb appeals his oral scores of the promotional examination for Fire Officer 4 (PM3576J), Jersey City.

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

B-101 MARTIN MCNULTY

Martin McNulty appeals his oral and seniority scores of the promotional examination for Fire Officer 4 (PM3576J0, Jersey City.

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

B-102 VOLUNTARY FURLOUGH FISCAL YEAR 2009

Various employees of the Department of Environmental Protection (DEP), represented by Adam Liebtag, Lead Staff Representative, Communications Workers of America, Local 1034 (Local 1034) and various employees of the Department of Law and Public Safety (DLPS), petitions the Civil Service Commission to continue to extend its relaxation of the eligibility criteria for the voluntary furlough program through the remainder of fiscal year 2009.

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

There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, January 14, 2009, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
Margaret E. L. Howard
Presiding Member
Civil Service Commission

 
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