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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

Thomas J. Perna

Richard E. Williams

December 19, 2012

 

 

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     A regular meeting of the Civil Service Commission was held on Wednesday, December 19, 2012, in Trenton, New Jersey.

 

            PRESENT: Robert M. Czech, Chairperson, Members Robert E. Brenner, Thomas J. Perna and Richard E. Williams; Pamela Ullman, Deputy Attorney General; Henry Maurer, Director, Division of 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 28, 2011, 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 Orlando Alicea

New Jersey State Parole Board

Suspension

 

In the Matter Andrea Berry

Southern State Correctional Facility

Department of Corrections

Suspension

 

In the Matter of Maria Bertonazzi

Ancora Psychiatric Hospital

Department of Human Services

Suspension

 

In the Matter of Iris Camper

Woodbine Developmental Center

Department of Human Services

Suspension

 

In the Matter of Kenneth Cozart

Irvington Housing Authority

Removal

 

In the Matter of Peggy Ellison

Camden County

Department of Health Services Center

Removal

 

In the Matter of Michele Irby-Garry

Essex County

Prosecutor's Office

Removal

 

In the Matter of Rollin Jean

Montclair State University

Suspension

 

In the Matter of James Law

Morris County

Sheriff's Department

Suspension

 

In the Matter of Charlie Massaquoi

Ancora Psychiatric Hospital

Department of Human Services

Removal

 

In the Matter of Kayotry McCleod

City of Irvington

Police Department

Removal

 

In the Matter of Kenneth Miller

Department of Children and Families

Removal

 

In the Matter of Esi Moore

Camden County

Department of Health Services Center

Removal

 

In the Matter of Patrice Myers

New Jersey Veteran's Memorial Home - Vineland

Department of Military and Veteran's Affairs

Removal

 

 In the Matter of Kimberly Parker

Camden County

Department of Health Services Center

Removal

 

In the Matter of Bruce Phillips

Township of Pemberton

Police Department

Suspension

 

In the Matter of Kenneth Rankin

City of Newark

Police Department

Suspensions (2)

 

In the Matter of Michelle L. Rippey

Ocean County Board of Social Services

Release at the end of the working test period

 

In the Matter of James Schulkes

City of Plainfield

Department of Public Affairs and Safety

Suspension

 

In the Matter of Miosha Sorey

Newark School District

Suspension

 

In the Matter of Brian Townsel

Atlantic County

Department of Public Safety

Suspensions (2)

 

In the Matter of Sean Wilmore

New Jersey Challenge Academy

Department of Military and Veteran's Affairs

Removal

 

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

 

ACTION:    The Civil Service Commission acknowledged the settlements.

 

A-2      EVANGELYN ALLEN

 

Evangelyn Allen, Cashier Typing, Hudson County, Clerk's Office, 35 working day suspension on charges of neglect of duty, conduct unbecoming a public employee, insubordination, incompetency and inefficiency.

 

Recommendation of the Administrative Law Judge - Uphold the 35 working day suspension.

 

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

 

A-3      DRAKE BARANYI

 

Drake Baranyi, Senior Repairer, Department of Corrections, Central Office, 30 working day suspension on charges of conduct unbecoming a public employee, other sufficient cause, inappropriate physical contact or mistreatment of an inmate, patient, client, resident or employee, and fighting or creating a disturbance on State property.

 

Recommendation of the Administrative Law Judge - Modify the 30 working day suspension to a five working day suspension.

 

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

 

A-4      WILBUR BOOTH

    

Wilbur Booth, Correction Lieutenant, Adult Diagnostic and Treatment Center, Department of Corrections, 30 working day suspension on charges of other sufficient cause, violation of Department policy prohibiting discrimination, harassment or hostile environment in the workplace and conduct unbecoming a public employee.  

 

Recommendation of the Administrative Law Judge - Modify the 30 working day suspension to a five working day suspension.

 

            ACTION:       The Civil Service Commission modified the recommendation of the Administrative Law Judge and imposed a 10 working day suspension.

 

A-5      WILLIAM CAMPBELL

    

William Campbell, Public Information Assistant, City of Hoboken, Department of Administration, appeals the good faith of his layoff effective September 24, 2010, for reasons of economy and efficiency.

 

Recommendation of the Administrative Law Judge - Uphold the layoff.

 

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

 

A-6      RAYMOND STABILE

    

Raymond Stabile, Juvenile Detention Officer, Essex County, Department of Citizen Services, release at the end of the working test period effective July 14, 2011.

 

Recommendation of the Administrative Law Judge - Uphold the release at the end of the working test period.

 

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

 

A-7      RONALD JAMISON

 

Ronald Jamison, Senior Correction Officer, Bayside State Prison, Department of Corrections, removal effective February 27, 2012, on charges of conduct unbecoming a public employee, other sufficient cause, falsification, physical or mental abuse of an inmate, patient, client, resident, or employee and violation of a rule, regulation, policy, procedure, order, or administrative decision.

 

Recommendation of the Administrative Law Judge - Reverse the removal.

 

            ACTION:       The Civil Service Commission modified the recommendation of the Administrative Law Judge and imposed a 30 working day suspension.

 

A-8      MONTOYA KEY

 

Montoya Key, Human Services Assistant, New Jersey Veteran's Memorial Home-Vineland, Department of Military and Veteran's Affairs, removal effective January 23, 2012, on charges of mental abuse of a resident, verbal abuse of a resident, mistreatment of a resident, neglect of duty which could result in danger to person and conduct unbecoming a public employee.

 

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-9      NAIMA MAYERS

 

Naima Mayers, Human Services Specialist 1, Middlesex County Board of Social Services, removal effective June 20, 2012, on charges of insubordination, other sufficient cause and excessive and unauthorized absences.

 

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

 

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

 

A-10    SETTLEMENT

 

In the Matter of Rocky Rembert

Adult Diagnostic and Treatment Center

Department of Corrections

Removal

 

ACTION:    The Civil Service Commission acknowledged the settlement.

 

 

 

SECTION B - MISCELLANEOUS MATTERS

 

B-1      The Division of Classification and Personnel Management requests the consolidation of various local titles involved in the operation of a vehicle to the title of Clerk Driver.

 

 

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

 

 

B-2      The Division of Classification and Personnel Management requests the creation of a new title, Examiner 4, Credentials to address classification and reporting issues arising from the current organizational structure of the Department of Education.

 

 

 

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

 

B-3      ROBERT SCARBOROUGH

 

Gloucester Township, on behalf of Robert Scarborough, 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 Gloucester.

 

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

 

B-4      LORENZO SHOCKLEY

 

Lorenzo Shockley, a Campus Police Officer, represented by Christopher A. Gray, Esq., appeals his two-day and five-day suspensions issued by The College of New Jersey.

 

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

 

B-5      GREGORY ALSTON

 

Gregory Alston, a former Human Services Assistant with Ancora Psychiatric Hospital, Department of Human Services, represented by William A. Nash, Esq., requests that the Civil Service Commission reinstate his appeal of his two removals effective December 21, 2010, which were dismissed based on his failure to appear at his scheduled hearing.

 

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

 

B-6      GEORGE CLAYTON

 

George Clayton, a former Senior Building Maintenance Worker, with the Division of State Police, Department of Law and Public Safety, requests that the Civil Service Commission reinstate his appeal of his two removals effective May 4, 2012, which were dismissed based on his failure to appear at his scheduled settlement conference.

 

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

 

B-7      DAVID WRIGHT

 

David Wright, a former Bus Driver with the Department of Children and Families, requests that the Civil Service Commission reinstate his appeal of his removal effective December 12, 2011, which was dismissed based on his failure to appear/call-in at his pre-hearing telephone conference.

 

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

 

B-8      WILLIE DOWDELL-FULLER

 

Willie Dowdell-Fuller appeals the determination of the Division of Selection Services and Recruitment which found that she was not eligible for the promotional examination for Auditor 2 (PS6402T), Department of Transportation, because her application was received after the closing date of the examination announcement.

 

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

 

B-9      KEYONNA ELEY

 

Keyonna Eley appeals the removal of her name from the Correction Officer Recruit (S9999K), Department of Corrections, eligible list on the basis of an unsatisfactory criminal record.

 

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

 

B-10    ALVIA BELL

 

Alvia Bell, a former Instructor Counselor at New Lisbon Developmental Center, Department of Human Services, requests that the provisions of N.J.A.C. 4A:6-3.4(a), which govern the time period in which employees must file an application for Supplemental Compensation on Retirement (SCOR), be relaxed to permit her to submit a late application for SCOR benefits.

 

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

 

B-11    RICHARD M. KALTZ

 

The Department of Health requests that the provisions of N.J.A.C. 4A:6-3.4(a), which govern the time period in which employees must file an application for Supplemental Compensation on Retirement (SCOR), be relaxed to permit Richard M. Kaltz, a former Microbiologist 3, to submit a late application for SCOR benefits.

 

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

 

B-12    GAIL SUOZZO

 

The Department of Health requests that the provisions of N.J.A.C. 4A:6-3.4(a), which govern the time period in which employees must file an application for Supplemental Compensation on Retirement (SCOR), be relaxed to permit Gail Suozzo, a former Research Scientist 2, Chemistry, to submit a late application for SCOR benefits.

 

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

 

B-13    ANTHONY CARL AND DANIEL POTASHNICK

 

Anthony Carl and Daniel Potashnick petition the Civil Service Commission for retroactive permanent dates of appointment of the reclassification of their positions with the Department of Environmental Protection from Emergency Response Specialist 4 to Emergency Response Specialist 3.

 

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

 

B-14    KEITH LEFFERTS AND JOHN WIENERS

 

The Township of Parsippany-Troy Hills requests that the eligible list for Police Lieutenant (PM2546K) be revived to record the permanent appointments of Keith Lefferts and John Wieners effective September 23, 2011.

 

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

 

B-15    AMANDA BRINSON

 

Amanda Brinson appeals the decision of the Division of Classification and Personnel Management which found that her position with Hudson County is properly classified as Clerk 2.  The appellant seeks an Administrative Secretary or Administrative Clerk classification.

 

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

 

B-16    ALI MUSLIM

 

Ali Muslim and the City of Newark appeal the decision of the Division of Classification and Personnel Management that the proper classification of his position is Sanitation Superintendent.  The appellant seeks a Municipal Parks Superintendent classification.

 

ACTION:       The Civil Service Commission directed that the classification of Ali Muslim's position be remanded to the Division of Classification and Personnel Management for review.

 

B-17    COURT INTERPRETER BILINGUAL IN SPANISH AND ENGLISH/MUNICIPAL COURT ATTENDANT BILINGUAL IN SPANISH AND ENGLISH

 

The Director, Division of Selection Services and Recruitment requests that the eligible list for the dual title of Court Interpreter Bilingual in Spanish and English/Municipal Court Attendant Bilingual in Spanish and English (M2096N), Newark, be cancelled due to an error on the examination announcement.

 

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

 

B-18    PROJECT SPECIALIST, MENTAL HEALTH CASELOAD

 

The Administrative Office of the Courts requests permission to appoint 31 employees who are currently serving in the unclassified title of Project Specialist, Mental Health Caseload to the noncompetitive title of Probation Officer upon exhaustion of grant funding.

 

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

 

B-19    SENIOR TECHNICIAN, MANAGEMENT INFORMATION SYSTEMS (M0105P), ATLANTIC CITY

 

Atlantic City requests permission not to make an appointment from the May 25, 2012 certification for Senior Technician, Management Information Systems (M0105P).

 

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

 

B-20    SHERRIA GRAVES

 

Sherria Graves, a former Human Services Assistant with Ancora Psychiatric Hospital, Department of Human Services, petitions the Civil Service Commission for reconsideration of the final administrative decision rendered August 6, 2012, in which the Commission dismissed Graves' appeal of three removals effective December 25, 2009, with prejudice based on Graves' failure to appear at her hearing.

 

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

 

B-21    CHRISTOPHER HOWLAND

 

Christopher Howland, represented by Jennifer Heiner Pisano, Esq., petitions the Civil Service Commission for reconsideration of its final decision, rendered on April 4, 2012, which upheld the removal of his name from the County Correction Officer (S9999K), Essex County, eligible list.

 

ACTION:       The Civil Service Commission directed that the request for reconsideration be granted, but the appellant's name be recorded as bypassed for appointment.

 

B-22    JUAN RODRIGUEZ

 

Juan Rodriguez, represented by Christopher A. Gray, Esq., requests reconsideration of the final decision rendered on August 1, 2012, which upheld his removal.

 

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

 

B-23    MARIE COOK

 

Marie Cook appeals the determination of the former Division of Selection Services that, per the substitution clause for education, she did meet the experience requirement for the promotional examination for Technician, Management Information Systems (PS5846H), Department of Health and Senior Services.

 

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

 

B-24    ROXANNE CREAMER

 

Roxanne Creamer appeals the determination of the former Division of Selection Services that she did meet the experience requirement for the open competitive examination for Manager 2, Human Resources (S0025P), Statewide.

 

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

 

B-25    JAMES DUDEK

 

James Dudek appeals the decision of the former Division of Selection Services that he did meet the experience requirement for the promotional examination for Telecommunications Systems Analyst (PM1116N), Middletown Township.

 

ACTION:       The Civil Service Commission directed that this appeal be denied, but the matter of the appellant's classification be referred to the Division of Classification and Personnel Management for review.

VOTE:           Robert M. Czech                   (Abstained)

                      Robert E. Brenner                (Yes)

                     Thomas J. Perna                   (Yes)

                     Richard E. Williams               (Yes)

 

B-26    WAYNE GRESSMAN, JR.

 

Wayne Gressman, Jr., appeals the determination of the former Division of Selection Services that he did meet the experience requirement for the promotional examination for Assistant Maintenance Supervisor (PM0090P), Millville.

 

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

 

B-27    MARISA LIGATO

 

Marisa Ligato appeals the determination of the Division of Selection Services and Recruitment which found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Deputy Director of Welfare (PC0631P), Ocean County.

 

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

 

B-28    JESSICA J. KAMINSKI, ET AL.

 

Jessica J. Kaminski, Susan R. Marella, and Yolanda N. Phillips-Hadden appeal the determination of the Division of Selection Services which found that they did not meet the requirements for the promotional examination for Supervisor, Child Care Quality Assurance Inspections (PS9795K), Department of Children and Families.

 

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

 

B-29    CHRISTOPHER KLESZICS

 

Christopher Kleszics appeals the determination of the former Division of Selection Services that he did not meet the experience requirement for the promotional examination for Supervisor Information Technology (PC1090N), Burlington County.

 

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

 

B-30    LINDA MURTAGH

 

Linda Murtagh appeals the determination of the Division of Selection Services and Recruitment which found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Deputy Director of Welfare (PC0631P), Ocean County.

 

ACTION:       The Civil Service Commission directed that this appeal be denied and her position undergo a classification review if she is not returned to her regular prior-held title immediately.

 

B-31    NILDA SANTIAGO

 

Nilda Santiago appeals the determination of the Division of Selection Services and Recruitment, which found that she was below the minimum requirements in experience for a qualifying examination for Principal Cashier.

 

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

 

B-32    LOUISE SCRUTCHINS

 

Louise Scrutchins appeals the determination of the Division of Selection Services and Recruitment which found that she was not eligible for the promotional examination for Program Support Specialist 1, Assistance Programs (PS0965K), Department of Children and Families, because she was not employed in the announced unit scope.

 

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

 

B-33    CHERIE L. SHREVE

 

Cherie L. Shreve appeals the determination of the former Division of Selection Services that she did not meet the experience requirement for the promotional examination for Administrative Analyst 2 (PS7131T), Department of Transportation.

 

ACTION:       The Civil Service Commission directed that this appeal be denied, but the matter of the appellant's classification be referred to the Division of Classification and Personnel Management for review.

 

B-34    IRIS VAZQUEZ

 

Iris Vazquez appeals the determination of the former Division of Selection Services that she did not meet the experience requirement for the open competitive examination for Manager 2, Human Resources (S0025P), Statewide.

 

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

 

B-35    WILLIAM WHELAN

 

William Whelan appeals the determination of the Division of Selection Services and Recruitment which found that he did not meet the experience requirements for the promotional examination for Deputy Director of Welfare (PC0631P), Ocean County.

 

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

 

B-36    CIVIL SERVICE COMMISSION MINUTES

 

Submitted for adoption are the Civil Service Commission minutes of its meeting of December 5, 2012.

 

ACTION:       The Civil Service Commission adopted the minutes of its meeting of December 5, 2012.

 

B-37    TILAT CHOUDHRY

                         

Tilat Choudhry petitions the Civil Service Commission to accept her untimely application for the promotional examination for Supervising Laboratory Technician (PS9993H), Department of Health.

 

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

 

B-38    JENNIFER DAWSON

                         

Jennifer Dawson, a County Correction Officer with Mercer County, Department of Public Safety, represented by Stuart J. Alterman, Esq., requests that the Civil Service Commission reinstate her appeal of her 8-day suspension effective September 14, 2012, which was dismissed based on her attorney's failure to appear at her scheduled settlement conference.

 

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

 

B-39    MARIA COSTA SILVA

                         

The appeal of Maria Costa Silva, a Social Worker, Bilingual in Spanish and English, with the Hudson County Department of Family Services, of her 30 working day suspension, was heard by Administrative Law Judge James A. Geraghty (ALJ), who rendered his initial decision on October 22, 2012.  At its meeting on December 5, 2012, the Civil Service Commission did not adopt the ALJ's recommendation to modify the 30 working day suspension to a 20 working day suspension.  Rather, the Commission upheld the 30 working day suspension.  The proposed final decision is now submitted for the Commission's review.

 

ACTION:       The Civil Service Commission adopted the final decision.

 

B-40    PAUL D. SIMOES

 

Paul D. Simoes, represented by Lucille LaCosta-Davino, 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 (S9999K) 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-41    ANGELA BROWN

 

Angela Brown appeals the determination of the Division of Selection Services and Recruitment which found that she did not meet the requirements for the open-competitive examination for Technician, Management Information Systems (S0079P).

 

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

 

B-42    RECENT COURT DECISIONS

 

Submitted for the Civil Service Commission's review are summaries of recent court decisions involving Civil Service Commission determinations.

 

ACTION:       The Civil Service Commission noted the decisions.

 

B-43    NICOLE ESPINOSA

 

The appeal of Nicole Espinosa, Social Service Aide, Passaic County Board of Social Services, of her removal, effective July 8, 2011, on charges, was heard by Administrative Law Judge (ALJ) Leland S. McGee, who rendered his initial decision on August 20, 2012.  At its meeting on December 5, 2012, the Civil Service Commission did not adopt the ALJ's recommendation to modify the removal to a 15 working day suspension.  Rather, the Commission remanded the matter to the Office of Administrative Law.  The proposed decision is now submitted for the Commission's review.

 

ACTION:       The Civil Service Commission adopted the decision.

 

B-44    PETER CORBO, ET AL.

 

            Peter Corbo and Michael Cozine, Jr. petition the Civil Service Commission for reconsideration of the decision rendered on September 4, 2012, which denied their appeal regarding their ineligibility for Sheriff's Officer Captain (PC0989N), Essex County, while Cecil Barker, Edward Esposito, and John Tulley III petition the Civil Service Commission for reconsideration of the same decision which denied there appeal for Sheriff's Officer Lieutenant (PC0993N), Essex County.  In a request for interim relief, they also request that any appointments from these lists be on a conditional basis pending the reconsideration decision.

 

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

 

B-45    JOSEPH BERCHTOLD

 

            The Township of Teaneck (Teaneck) petitions the Civil Service Commission for a retroactive date of permanent appointment as a Battalion Fire Chief for Joseph Berchtold.

 

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

 

B-46    FIRE DISTRICT ADMINISTRATOR

 

            The Division of Classification and Personnel Management requests the establishment of the unclassified title of Fire District Administrator for use in local fire districts. 

 

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

 

B-47    AMENDMENT TO CIVIL SERVICE COMMISSION MEETING DATES FOR 2013

 

            Due to a scheduling conflict, the Civil Service Commission meeting scheduled for Wednesday, August 14, 2013 needs to be changed to Thursday, August 15, 2013.

 

ACTION:       The Civil Service Commission adopted the amended Civil Service Commission meeting dates for 2013.

 

There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, January 9, 2013, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

 
 
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