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State of New Jersey, Civil Service Commission
Governor Chris Christie • Lt.Governor Kim Guadagno
 
 
Janice Mitchell Mintz, Chairwoman
Margaret E. L. Howard
Judith L. Shaw
Edward W. Verner, M.D.


A regular meeting of the Merit System Board was held on
Tuesday, September 29, 1998 in Trenton, New Jersey.

PRESENT: Chairwoman Janice Mitchell Mintz; Merit System
Board Members, Margaret E.L. Howard, Judith L. Shaw, and Edward
W. Verner, M.D., Elizabeth Laufer, Deputy Attorney General; Henry
Maurer, Director, Elizabeth A. Napolitano, Sybil Janowitch, and
Charles Spano, Division of Merit System Practices and Labor
Relations.

In accordance with L.1975, c.231, Janice Mitchell Mintz,
Chairwoman, Merit System Board, opened the meeting with the
following statement:

Notice of this Meeting was filed with the Secretary of
State and sent to the Trentonian, Trenton Times,
Courier-Post and Star Ledger on December 1, 1997 and
posted at the Department of Personnel, 3 Station Plaza,
Trenton, New Jersey.

All actions were by unanimous vote unless otherwise
specified.

DISMISSAL OF APPEALS -FAILURE TO APPEAR

The Merit System Board dismissed the following cases without
prejudice for failure to appear at the scheduled hearing before
the Office of Administrative Law:


Salvatore Fornarotto, County Correction Officer, Department of
Public Safety, Atlantic County, suspension.

Janice L. Livingston, Human Services Assistant, Department of
Human Services, New Lisbon Developmental Center, suspension.

Richard Packlaian, Senior Correction Officer, Department of
Corrections, Central Medical/ Transportation, removal.

WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the hearing
calendar:

Richard Bubenas, Laborer, Department of Public Works, Town of
Kearny, suspension.

Bruce Dech, Senior Correction Officer, Department of Corrections,
Mountainview Youth Correctional Facility, fined.

Alexander Oriente, Jr., Police Lieutenant, Department of Public
Safety, Town of West New York, removal.

Timothy Wyer, Juvenile Detention Officer, Department of Public
Safety, Hudson County, removal.

SECTION A -HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of John Davis
Sheriff of Monmouth County
Suspension

In the Matter of Robert Gardiner
Atlantic County
Suspension & Removal

In the Matter of Barbara Morris
Monmouth County
Suspension

In the Matter of Robert Russo
Mercer County
Removal

In the Matter of Vernessia Young
Essex County Public Safety
Removal

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


ACTION: The Merit System Board acknowledged the
settlements.

A-2 RAYMOND SCOTT FREESE

Raymond Scott Freese, Correction Sergeant, Mountainview
Correctional Facility, Department of Corrections, 30 day
suspension and release at end of working test period, on
charges of reporting for duty while under the influence of
intoxicating liquors or drugs and verbal abuse of an inmate,
patient, client resident, or employee.

Recommendation of the Administrative Law Judge - Reverse
suspension and uphold release at end of Working Test Period.

ACTION: The Merit System Board reversed the suspension and
remanded the matter of the release at the end of
the working test period to the Office of
Administrative Law.


A-3 LINDA SKOTAREK

Linda Skotarek, Head Cottage Training Supervisor, Woodbine
Developmental Center, Department of Human Services,
suspension for 30 days, on charges of a serious mistake due
to carelessness which would result in injury to persons.

Recommendation of the Administrative Law Judge - Modify the
30 day suspension to a 10 day suspension and reimbursement
of back pay.

ACTION: The Merit System Board reversed the recommendation
of the Administrative Law Judge and upheld the 30
day suspension.

A-4 ALLAN BILDER

Allan Bilder, Manager 2, Human Resources, Ancora Psychiatric
Hospital, Department of Human Services, removal effective
October 7, 1996, on charges of violation of a rule,
regulation, policy, procedure, order or administrative
decision.

Recommendation of the Administrative Law Judge - Modify the
removal to a written reprimand.

ACTION: The Merit System Board modified the recommendation
of the Administrative Law Judge to a 90 day
suspension.

A-5 YOLANDA FORBES

Yolanda Forbes, Hospital Charge Attendant, Buttonwood
Hospital, County of Burlington, removal effective April 10,
1997, on charges of insubordination, conduct unbecoming a
pubic employee and threatening a supervisor and family.

Recommendation of the Administrative Law Judge -Uphold the
removal.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

A-6 DONALD IVES

Donald Ives, Water Meter Reader, Department of Water and
Sewer, Salem City, removal effective May 19, 1997, on
charges of deficient and unsafe performance, damage to city
property, violation of city drug policy, and falsification
of facts to a supervisor.

Recommendation of the Administrative Law Judge -Modify the
removal to a six month suspension and demotion to the
position of Laborer.

ACTION: The Merit System Board modified the recommendation
of the Administrative Law Judge and upheld the 6
month suspension but reversed the demotion.

A-7 SHERRI JONES

Sherri Jones, Senior Food Service Handler, North Princeton
Developmental Center, Department of Human Services, removal
effective October 3, 1997, on charges of unreasonable
excuses for lateness for more than 15 minutes.

Recommendation of the Administrative Law Judge -Uphold the
removal.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

A-8 WILLIAM LAZARO

William Lazaro, Laborer, Department of Public Works,
Township of Lower, removal effective October 2, 1996, on
charges of violation of an agreement made with management
and the union on June 26, 1996, insubordination, and foul
language.

Recommendation of the Administrative Law Judge -Acknowledge
Settlement.

ACTION: The Merit System Board acknowledged the
settlement.

A-9 LESTER PARAMORE

Lester Paramore, Human Services Technician, Ancora
Psychiatric Hospital, Department of Human Services, removal
effective June 25, 1997, on charges of physical abuse of a
patient.

Recommendation of the Administrative Law Judge -Reverse the
removal.

ACTION: The Merit System Board directed that this matter
be held over.

A-10 MICHAEL QUINLAN

Michael Quinlan, Correction Officer, Sheriff's Office,
Passaic County, removal effective February 23, 1996, on
charges of failure to complete mandatory Police Training
within the time period established by Statute.

Recommendation of the Administrative Law Judge -Uphold the
removal.

ACTION: The Merit System Board directed that the appellant
be referred to the Medical Examiner's Panel for
independant review.

A-11 PAUL TAMBURELLI

Paul Tamburelli, County Police Lieutenant, County Police
Department, Hudson County, removal effective September 13,
1996, on charges of conduct unbecoming a superior officer,
insubordination, neglect of duty, inability to perform
duties, based on the receipt of information alleging
involvement with person/places of bad reputation, standard
of conduct, obedience to laws and regulations and alcoholic
beverages/drugs.

Recommendation of the Administrative Law Judge -Reverse the
removal.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

A-12 DARRELL REED

Darrell Reed, Senior Therapy Program Assistant, New Lisbon
Developmental Center, Department of Human Services, removal
effective May 14, 1997, on charges of neglect of duty and
willful failure to devote attention to tasks which would not
result in causing a danger to persons and violation of
policy and procedure. The Merit System Board at its meeting
of September 10, 1998 directed that this matter be held over
for further review.

Recommendation of the Administrative Law Judge -Uphold the
removal.

ACTION: The Merit System Board modified the recommendation
of the Administrative Law Judge to a 30 day
suspension and directed that the appellant shall
be reassigned to another supervisor.

A-13 THERESA HARRIS


Theresa Harris, Human Services Technician, Marlboro
Psychiatric Hospital, Department of Human Services, removal
effective March 11, 1993, on charges of conduct unbecoming a
public employee. The Merit System Board at its meeting of
August 4, 1998 directed that this matter be held over for
preparation of a summary of testimony.

Recommendation of the Administrative Law Judge -Uphold the
removal.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

SECTION B - MISCELLANEOUS MATTERS

B-1 IVY FUSSELL

Ivy Fussell appeals her rejection as a County Correction
Officer candidate by the County of Camden and its request to
remove her name from the eligible list for County Correction
Officer on the basis of psychological unfitness to perform
effectively the duties of the position.

ACTION: The Merit System Board directed that this appeal
be denied.

B-2 MICHAEL J. SALVO

Michael J. Salvo, represented by Vincent C. Scoca, Esq.,
appeals his rejection as a Police Officer candidate by the
Township of Bloomfield and its request to remove his name
from the eligible list for Police Officer on the basis of
psychological unfitness to perform effectively the duties of
the position.

ACTION: The Merit System Board directed that this appeal
be granted.

B-3 DANTE A. WILSON


Dante A. Wilson 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 on the basis of psychological
unfitness to perform effectively the duties of the position.

ACTION: The Merit System Board directed that this appeal
be granted.

B-4 MONYQUE C. GREEN

Monyque C. Green, represented by Brenda Coppola Cuba, Esq.,
appeals the request by Hillside Township to remove his name
from the Police Officer, Hillside Township (M3379Y) eligible
list for medical unfitness to effectively perform the duties
of the position.

ACTION: The Merit System Board granted a hearing.

B-5 RASHID ABDUNAFI

Rashid Abdunafi, a Senior Correction Officer at the East
Jersey State Prison, Department of Corrections, appeals the
denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be denied.

B-6 JEFFREY BOLF

Jeffrey Bolf, a Maintenance Worker 1, Transportation, with
the Department of Transportation, represented by Lawrence A.
Mintz, Esq., appeals the denial of sick leave injury (SLI)
benefits.

ACTION: The Merit System Board directed that this appeal
be denied.

B-7 WILLARD BRECKON

Willard Breckon, a Senior Correction Officer at Mountainview
Youth Correctional Facility, Department of Corrections,
appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be granted.

B-8 MERCEDES COURSEY

Mercedes Coursey, a Human Services Assistant at the Woodbine
Developmental Center, Department of Human Services, appeals
the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be denied.

B-9 KHARIS JORDAN

Kharis Jordan, a Graduate Nurse, 12 Months, with the
Woodbridge Developmental Center, formerly with the Marlboro
Psychiatric Hospital, Department of Human Services, appeals
the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be denied.

B-10 DEBRA KILLINGSWORTH-WELLS

Debra Killingsworth-Wells, a Pracitical Nurse with the
Division of Mental Health and Hospitals, Department of Human
Services, appeals the denial of sick leave injury (SLI)
benefits.

ACTION: The Merit System Board directed that this appeal
be denied.

B-11 PETER MAHER

Peter Maher, a Construction and Maintenance Technician 3
with the Department of Transportation, represented by John
W. Devlin, Esq., appeals the denial of sick leave injury
(SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be denied.

B-12 CYNTHIA MCDONOUGH

Cynthia McDonough, a Technical Assistant 3 with the
Department of the Treasury, represented by Rae Roeder,
President, CWA Local 1033, appeals the denial of sick leave
injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be granted.

B-13 DORELEENA SAMMONS-POSEY

Doreleena Sammons-Posey, a Research Scientist 1 with the
Department of Health and Senior Services, represented by Kim
Jones, CWA Local 1034, appeals the denial of sick leave
injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be granted.

B-14 TANISHA STRATTON

Tanisha Stratton, a Human Services Assistant with Vineland
Developmental Center, Department of Human Services, appeals
the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be granted.

B-15 LYNDON S. BROOKS

Lyndon S. Brooks appeals the decision of the
Certification/Placement Services Unit which upheld the
Department of Corrections' removal of the appellant's name
from the Correction Officer Recruit (S9998B) eligible list
due to an unsatisfactory driving record.

ACTION: The Merit System Board directed that this appeal
be denied.

B-16 BENITO CARANDANG

Benito Carandang appeals the request of the Union County
appointing authority to remove his name from the Income
Maintenance Technician (C6290R), Union County eligible list
based on a claimed inability to communicate effectively in
English in order to perform the duties of the position.

ACTION: The Merit System Board granted a hearing.

B-17 MICHEL GIGANTE

Michel Gigante, represented by Diane L. Newman, Esq.,
appeals the decision of the Manager of Human Resource
Information Systems which stated that the appellant had not
been improperly bypassed by Deptford Township on the
eligible list for Police Sergeant (PM4746P).

ACTION: The Merit System Board granted a hearing.

B-18 CONCHITA HOLLOMAN

Conchita Holloman appeals the decision of the
Certification/Placement Services Unit which upheld the
Department of Corrections' removal of the appellant's name
from the Correction Officer Recruit (S9673P), (S9676P) and
(S9677P) eligible lists.

ACTION: The Merit System Board directed that this appeal
be denied.

B-19 MICHAEL IACONA

The City of Newark (City), represented by JoAnne Watson,
First Assistant Corporation Counsel, is seeking the removal
of Michael Iacona's name from the Fire Fighter (M9059S)
extract of the certification dated January 10, 1996 that was
issued to the City, based on an unsatisfactory driving
record.

ACTION: The Merit System Board directed that this appeal
be denied.

B-20 BRIAN KELLY

Brian Kelly appeals the decision of the
Certification/Placement Services Unit which upheld the
removal of his name from the eligible list for Police
Officer (M3382X), Jersey City.

ACTION: The Merit System Board directed that this appeal
be denied.

B-21 CHRISTOPHER LANUTTI

Christopher Lanutti, represented by Leonard S. Baker, Esq.,
appeals the request of the appointing authority to remove
his name from County Correction Officer (C5432R), Camden
County eligible list.

ACTION: The Merit System Board directed that this appeal
be denied.


B-22 DONALD LEACH

Donald Leach appeals the decision of the
Certification/Placement Services Unit which upheld his
bypass on the list for County Correction Sergeant (PC0350T),
Cumberland County .

ACTION: The Merit System Board directed that this appeal
be denied.

B-23 KELCEY LINGO

Kelcey Lingo, represented by Lewis Hannah, Esq., appeals the
decision of the Certification/Placement Services Unit which
determined that the Department of Corrections had presented
a sufficient basis to remove his name from the Correction
Officer Recruit (S9998U) eligible list

ACTION: The Merit System Board directed that this appeal
be denied.

B-24 ALEXANDER NEMETH, SR.

Alexander Nemeth, Sr., appeals the decision of the
Supervisor, Selection Appeals Unit, which found that the
appointing authority had presented a sufficient basis to
remove his name from the Investigator, Consumer Protection
(C1168T), Ocean County eligible list.

ACTION: The Merit System Board directed that this appeal
be denied.

B-25 ARTHUR SNELLBAKER, JR.

Arthur Snellbaker, Jr., represented by Sidney H. Lehmann,
Esq., appeals the decision of the Certification/Placement
Services Unit which found that the appointing authority had
presented a sufficient basis to remove his name from the
eligible list for Police Officer (M4309S), Atlantic City.

ACTION: The Merit System Board directed that this appeal
be denied.

B-26 GERALDINE VAUTERS

Geraldine Vauters appeals the decision of the
Certification/Placement Services Unit which upheld the
Department of Corrections' removal of the appellant's name
from the Correction Officer Recruit (S9676P), (S9677P) and
(S9678P) eligible lists.

ACTION: The Merit System Board directed that this appeal
be denied.

B-27 CHARLES BLAKLEY

Charles Blakley, a Residential Services Worker with Woodbine
Developmental Center, Department of Human Services,
petitions the Merit System Board for reconsideration of the
final administrative decision dismissing his appeal for
failure to appear at a scheduled settlement conference.

ACTION: The Merit System Board denied the request for
reconsideration.

B-28 GEORGE JACKSON

The appointing authority for the Department of Human
Services, represented by James McKinney, Jr., Deputy
Attorney General, requests reconsideration of the final
administrative decision of the Merit System Board which
modified the action of the appointing authority in removing
George Jackson from his position as Residential Living
Specialist (Mental Health), Greystone Park Psychiatric
Hospital, to a six-month suspension.

ACTION: The Merit System Board denied the request for
reconsideration.

B-29 POLICE LIEUTENANT (PM4730P), CITY OF PERTH AMBOY

Michael Kudrick, a Police Sergeant with the Perth Amboy
Police Department, represented by David DeFillippo, Esq.,
requests reconsideration of the final administrative
decision of the Commissioner of Personnel, rendered on May
27, 1998, which ordered that the eligible list for Police
Lieutenant (PM4730P), City of Perth Amboy be revived to
appoint Robert D.W. Joy.

ACTION: The Merit System Board directed that Mr. Kudrick
be provided with a regular appointment as a Police
Lieutenant.

B-30 JOSEPH DENARO

Joseph DeNaro, currently an Assistant Supervisor, Public
Works with the Department of Public Works, Borough of
Teaneck, appeals his reassignment to the Division of Parks
and Trees.

ACTION: The Merit System Board granted a hearing.

B-31 CHARLES DIEHM

Charles Diehm, Senior Code Enforcement Officer, Township of
Pennsauken, represented by Joseph Asbell, Esq., seeks
enforcement of that part of the Merit System Board decision
rendered on March 8, 1994, granting him back pay and
benefits for the period of removal.

ACTION: The Merit System Board directed that this matter
be held over.

B-32 ASSISTANT ASSIGNMENT CLERK (M5632T), CITY OF NEWARK


The appointing authority has requested reconsideration of
the Merit System Board decision rendered on January 13,
1998, which assessed $250 in compliance processing costs
regarding a certification for Assistant Assignment Clerk
(M5632T), City of Newark.

ACTION: The Merit System Board denied the request for
reconsideration.

B-33 FIELD REPRESENTATIVE DISEASE CONTROL (M4785S), CITY OF
JERSEY CITY


The appointing authority requests permission not to make an
appointment from the certification for Field Representative
Disease Control (M4785S), City of Jersey City.

ACTION: The Merit System Board granted the request but did
assess costs.

B-34 LICENSE INSPECTOR (M5193S), CITY OF JERSEY CITY

The appointing authority requests permission not to make an
appointment from the certification for License Inspector
(M5193S), City of Jersey City.

ACTION: The Merit System Board denied the request, revived
the eligible list, and ordered the appointing
authority make an appointment from the
certification and pay compliance costs.

B-35 SUPERVISING ADMINISTRATIVE ANALYST (M6083O), CITY OF JERSEY
CITY


The appointing authority's failure to properly dispose of
the certification for Supervising Administrative Analyst
while provisional appointees are serving in the title has
been referred to the Merit System Board for enforcement.

ACTION: The Merit System Board ordered the appointing
authority to remove the provisional appointee,
make an appointment from the certification and pay
compliance costs.

B-36 SUPERVISOR BUILDING SERVICE (C0140R & C0163O), PASSAIC
COUNTY


The appointing authority's failure to properly dispose of
the certification for Supervisor Building Service while
provisional appointees are serving in the title has been
referred to the Merit System Board for enforcement.

ACTION: The Merit System Board denied the request, revived
the eligible list, and ordered the appointing
authority make an appointment from the
certification and pay compliance costs.

B-37 ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST NADIA KOZAN
V. OCEAN COUNTY BOARD OF SOCIAL SERVICES OAL DOCKET NOS. CRT
8250-95 AND CSV 728-95 (CONSOLIDATED) DCR DOCKET NO.
EQ07HK-38475-H


Nadia Kozan appeals her removal, effective October 21, 1994,
from her position of Income Maintenance Worker with the
Ocean County Board of Social Services. The Administrative
Law Judge issued his initial decision dismissing the
appellant's appeal on April 14, 1997.

ACTION: The Merit System Board remanded this matter to the
Office of Administrative Law.

B-38 BARRY ANDERSON

Barry Anderson, represented by Hetty Rosenstein, Executive
Vice President of CWA Local 1037, appeals the decision of
the Supervisor of Selection Services who found that
appellant did not meet the requirements for the promotional
examination for Senior Interviewer (Veterans Service)
(PS2789N), Department of Labor.

ACTION: The Merit System Board directed that this appeal
be denied.

B-39 ROBERT ATKENS

Robert Atkens appeals the determination of the Division of
Selection Services which found that he did not meet the
experience requirements for the promotional examination for
Executive Assistant (PC0239W), Essex County.

ACTION: The Merit System Board directed that this appeal
be denied.

B-40 KATHLEEN BETSY, ET AL.

Kathleen Betsy, Jean Bialota, Gail Crucili, and Audrey
Heffelfinger appeal the determinations of the Supervisor,
Selection Appeals Unit which upheld the determinations by
the Division of Selection Services that appellants did not
meet the experience requirements for Customer Service
Representative 3 (PS9935K), Department of Human Services,
promotional examination.

ACTION: The Merit System Board directed that these appeals
be denied.

B-41 ROGER BOMENBLIT

Roger Bomenblit 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 Senior Medical Security Officer (S0262O).

ACTION: The Merit System Board directed that this appeal
be denied.

B-42 MONICA E. BOTURLA

Monica E. Boturla appeals the determination of the Division
of Human Resource Management which found that she was
ineligible for the promotional examination for
Administrative Clerk (PM4181V), Lacey Township.

ACTION: The Merit System Board directed that this appeal
be denied.

B-43 JAMES BROWN

James Brown appeals the determination of the Division of
Selection Services which found that he did not meet the
educational and experience requirements for the promotional
examination for Employment Counselor (PS4964N), Department
of Labor.

ACTION: The Merit System Board directed that this appeal
be denied.

B-44 RODNEY S. CAMERON


Rodney S. Cameron appeals the determination of the Division
of Human Resource Management which found that he was
ineligible for the promotional examination for Truck Driver
Heavy (PM4319V), Perth Amboy.

ACTION: The Merit System Board directed that this appeal
be denied.

B-45 RAISA CHANG-CUSMANO

Raisa Chang-Cusmano appeals the determination of the
Division of Selection Services, which found that appellant
did not meet the experience requirements for the promotional
examination for Principal Clerk Typist (PM4389V), Jersey
City School District.

ACTION: The Merit System Board directed that this appeal
be denied.

B-46 JILL CORIN

Jill Corin appeals the determination of the Division of
Selection Services which found that appellant failed to
satisfy title scope eligibility requirements for the
promotional examination for Principal Field Representative
Housing (Housing Assistance Program) (PS5821D), Department
of Community Affairs.

ACTION: The Merit System Board directed that this appeal
be denied.

B-47 DOMINICK C. DICARA

Dominick C. DiCara appeals the determination of the Division
of Selection Services, which found that he did not meet the
experience requirements for the promotional examination for
Building Management Service Specialist 4 (PS5099N),
Department of Labor.

ACTION: The Merit System Board directed that this appeal
be denied.

B-48 MICHAEL E. FOOTE

Michael E. Foote appeals the determination of the Division
of Human Resource Management which found that he was
ineligible for the promotional examination for Supervisor
Sanitation (PM4153V), Parsippany/Troy Hills.

ACTION: The Merit System Board directed that this appeal
be denied.

B-49 BEVERLY FOWLER

Beverly Fowler appeals the determination of the Division of
Selection Services which found her ineligible for the
promotional examination for Principal Clerk Stenographer
(PS3311I), Bayside State Prison.

ACTION: The Merit System Board directed that this appeal
be denied.

B-50 ROBERT D. FREID

Robert D. Freid appeals the determination of the Division of
Selection Services which found that he did not meet the
experience requirements for County Correction
Sergeant/Locksmith (PC2079V), Hudson County.

ACTION: The Merit System Board directed that this appeal
be granted.

B-51 ANNIE G. HENRY AND AUGUSTINUS F. MARAKOWITZ

Annie G. Henry and Augustinus F. Marakowitz appeal the
determination of the Division of Selection Services, which
found that they did not meet the education and /or
experience requirements for the open competitive examination
for Claims Adjudicator, Disability Determinations (S0271O).

ACTION: The Merit System Board directed that this matter
be held over.

B-52 BRIAN S. HINKEL

Brian S. Hinkel appeals the determination of the Division of
Human Resource Management which found that he was ineligible
for the promotional examination for Truck Driver Single Axle
(PS4852K), Human Services.

ACTION: The Merit System Board directed that this appeal
be denied.

B-53 GARY HIRSCH, ET AL.

Gary Hirsch and John Smack, a State Labor Representative
with the Probation Association of New Jersey (P.A.N.J.)
appeal the validity of the examination for Senior Probation
Officer (PS3220M), Monmouth County Vicinage.

ACTION: The Merit System Board directed that these appeals
be denied.

B-54 SUZANNE LOVETT

Suzanne Lovett appeals the determination of the Division of
Selection Services that she did not meet the experience
requirement for the promotional examination for Technical
Assistant 2 Treasury (PS6033U).

ACTION: The Merit System Board directed that this appeal
be denied.

B-55 VICTORIA MAKRANSKY

Victoria Makransky appeals the determination of the
Supervisor Selection Appeals Unit which found that she did
not meet the experience requirements for Coordinator,
Division of Motor Vehicles (PS2460P), Department of
Transportation.

ACTION: The Merit System Board directed that this appeal
be denied.

B-56 ANDREW MALAKAS

Andrew Malakas appeals the decision of the Division of
Selection Services which found that he did not meet the
requirements for the promotional examination for Technical
Assistant, Management Information Systems (PC4155V), Bergen
County Prosecutor's Office.

ACTION: The Merit System Board directed that this appeal
be denied.

B-57 CLARENCE L. MARSHALL

Clarence L. Marshall appeals the determination of the
Division of Human Resource Management which found that he
was ineligible for the promotional examination for Assistant
Engineer in Charge of Maintenance 1 (PS5280K), Human
Services.

ACTION: The Merit System Board directed that this appeal
be denied.

B-58 SUSAN MEYERS

Susan Meyers appeals the determination of the Division of
Selection Services which found that appellant did not meet
the education and experience requirements for the
promotional examination for Counselor, Victim Witness
Program (PC4505V), Mercer County.

ACTION: The Merit System Board directed that this appeal
be denied.


B-59 CRAIG MILLER

Craig Miller 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 Investigator County Welfare Agency (C1528T), Passaic
County.

ACTION: The Merit System Board directed that this appeal
be denied.

B-60 RUSSELL J. TAORMINA

Russell J. Taormina appeals the determination of the
Division of Human Resource Management which found that he
was ineligible for the promotional examinations for General
Supervisor Recreation Maintenance (PM1965V), and Supervisor
Public Works (PM2042V), Kearny.

ACTION: The Merit System Board directed that this appeal
be denied.

B-61 RUTH RODRIGUEZ

Ruth Rodriguez appeals the decisions of the Division of
Selection Services which found that she did not meet the
unit scope requirements for the promotional examinations for
Employment Counselor (PS4964N), and Employment Counselor
(Bilingual in Spanish and English) (PS5112N), Department of
Labor.

ACTION: The Merit System Board directed that this appeal
be denied.

B-62 JOHN ROMAN

John Roman appeals the determination of the Division of
Selection Services which found that he did not meet the
experience requirements for the promotional examination for
Administrative Analyst 1 (PS5191T), Department of
Transportation.

ACTION: The Merit System Board directed that this appeal
be denied.

B-63 RAJUMON THOMAS

Rajumon Thomas, represented by Vikki U. Marshall-Thurston,
Staff Representative, CWA, Local 1037, appeals the
determination of the Division of Selection Services, which
found that he did not meet the requirements for a
provisional appointment to the title of Paralegal Technician
2, Department of Law and Public Safety.

ACTION: The Merit System Board directed that this appeal
be denied.

B-64 ROSEMARY TUTHILL

Rosemary Tuthill appeals the determination of the Division
of Selection Services that she did not meet the experience
requirements for the promotional examination for Technical
Assistant 1 Treasury (PS5416U), Department of Treasury.

ACTION: The Merit System Board directed that this appeal
be granted.

B-65 WILLIAM B. UNDERWOOD

William B. Underwood, represented by Brian O. Lipman, Esq.,
requests a stay of examination and appeals the title scope
of eligibility Police Chief (PM0743W), Deptford Township.

ACTION: The Merit System Board directed that this appeal
be denied.

B-66 JOHN VANLOAN

John VanLoan appeals the determination of the Division of
Selection Services which found that he did not meet the
education and experience requirements for the promotional
examination for Operations Analyst, Juvenile Justice
(PS5779P), Juvenile Justice Commission.

ACTION: The Merit System Board directed that this appeal
be granted.

B-67 ROLANDO VILLAMATER

Rolando Villamater appeals the determination of the Division
of Selection Services which found that he did not meet the
experience requirements for Supervising Clerk (PM4597V),
Jersey City School District.

ACTION: The Merit System Board directed that this appeal
be denied.

B-68 MICHELE WILLIAM
S

Michele Williams appeals the determination of the Division
of Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Social Worker 2 (PS5118P), Juvenile Justice Commission.

ACTION: The Merit System Board directed that this appeal
be denied.

B-69 HERIBERTO CARATTINI

Heriberto Carattini appeals the determination of his score
on the examination for Police Lieutenant (PM3188S), Jersey
City.

ACTION: The Merit System Board directed that this appeal
be denied.

B-70 DAVID GIALLELLA

David Giallella appeals his score on the open-competitive
examination for Accountant 3 (S6009O).

ACTION: The Merit System Board directed that this appeal
be denied.

B-71 JOSEPH PERRY

Joseph Perry appeals his score on the examination for
Security Guard (M0651U), Jersey City.

ACTION: The Merit System Board directed that this appeal
be denied.

B-72 GIOVANI PRINCIPATO

Giovani Principato petitions the Merit System Board for
reconsideration of the decision rendered on March 10, 1998
which denied his appeal regarding his score on the
promotional examination for Fire Captain (PM0942U), Linden.

ACTION: The Merit System Board directed that this appeal
be denied.

B-73 BONNY RYDER

Bonny Ryder appeals the decision of the Division of
Selection Services concerning the correct answer to a
specific question on the promotional examination for Senior
Vocational Rehabilitation Counselor (PS3027K), Commission
for the Blind and Visually Impaired.

ACTION: The Merit System Board directed that this appeal
be denied.

B-74 ANDREA SOPKO

Andrea Sopko appeals the decision of the Supervisor,
Selection Appeals Unit, regarding her score for the
promotional examination for Technician 1 Commercial
Recording (PS2126S), Department of State.

ACTION: The Merit System Board directed that this appeal
be denied.

B-75 VALERIE WOODS

Valerie Woods appeals the decision of the Division of
Selection Services concerning her score on the examination
for Technical Program Assistant (PS4906R), Board of Public
Utilities.

ACTION: The Merit System Board directed that this appeal
be denied.

B-76 DELORES SANTESSE

Delores Santesse appeals the validity of the examination for
Assistant Violations Clerk Typing (M0048O), Ocean City.

ACTION: The Merit System Board directed that this appeal
be denied.

B-77 ANNE TORRENTO

Anne Torrento appeals the validity of and examination review
procedure for the examination for Principal Account Clerk
(M7095O), Ringwood.

ACTION: The Merit System Board directed that this appeal
be denied.


B-78 ROBIN BUIE, ET AL.

Robin Buie, Cora Johnson, Lamont McLaurin, Monique Powell,
Artemus Smith, Beverly Washington, Paula Wingo and Roslyn
Wingo appeal the administration of the examination for
Security Guard (M0497O), Newark.

ACTION: The Merit System Board directed that these appeals
be denied.

B-79 PATRICIA MARTIN

Patricia Martin appeals the decision of the Division of
Selection Services concerning the Clerical examination.

ACTION: The Merit System Board directed that this appeal
be denied.

B-80 GRACE YANG

Grace Yang requests that she be allowed to take a make-up
examination for Forensic Scientist (S0110O), due to late
arrival at the test site and feeling ill.

ACTION: The Merit System Board directed that this appeal
be denied.

B-81 HARRY BAKER


Harry Baker appeals the decision of the Division of Human
Resource Management, which found that his layoff rights were
properly determined and applied.

ACTION: The Merit System Board directed that this appeal
be denied.

VOTE Janice Mitchell Mintz (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Edward W. Verner, M.D. (Yes)

B-82 LUCY ALONSO


Lucy Alonso petitions the Merit System Board for
reconsideration of its decision rendered on February 10,
1998 in which it was determined that appellant's layoff
rights were correctly determined.

ACTION: The Merit System Board directed that this appeal
be denied.

VOTE Janice Mitchell Mintz (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Edward W. Verner, M.D. (Yes)

B-83 JOHN LAVOOK, JR.

John Lavook, Jr. requests reconsideration of the Merit
System Board decision regarding his score on the examination
for Police Captain, Newark (PM4011R).
ACTION: The Merit System Board directed that this appeal
be denied.

B-84 DANIEL LIVELY

Daniel Lively appeals the decision of the Director, Human
Resource Management, which denied a retroactive permanent
appointment date for appellant to the title of Police
Captain, Rockaway Township.

ACTION The Merit System Board directed that this appeal
be denied.

B-85 CYDNY BELZ, ET AL.

Cydny S. Belz, David M. Harris and Anita Verghese appeal the
determinations of the Division of Selection Services, which
found that they did not meet the education and experience
requirements for the open competitive examination for
Environmental Specialist (S60390), Department of
Environmental Protection.

ACTION: The Merit System Board directed that this appeal
be denied.

B-86 SUSAN JOHNSON

Susan L. Johnson appeals the determination of the Division
of Human Resource Management which found that she was
ineligible for the examination for Supervisor of Senior
Citizens Activities (PM4008V), Camden City.

ACTION: The Merit System Board directed that this appeal
be granted.

B-87 JUDY S. MARIS


Judy S. Maris appeals the determination of the Division of
Selection Services, which found that she did not meet the
experience requirement for the promotional examination for
Building Management Services Specialist 1 (PS3589G),
Department of Environmental Protection (DEP).

ACTION: The Merit System Board directed that this appeal
be denied.

B-88 RALPH A. ROBERTS

Ralph A. Roberts appeals the denial of his eligibility for
admittance to the examination for Fire Prevention Specialist
U.F.D., (PM3148V), Camden City.

ACTION: The Merit System Board directed that this appeal
be denied.

B-89 ALFRED OLIVER


The appointing authority for the Department of Human
Services petitions the Merit System Board to reconsider the
decision to grant a hearing to Alfred Lee Oliver, Jr., a
Human Services Technician, Trenton Psychiatric Hospital,
Department of Human Services, in regard to his six-month
suspension.

ACTION: The Merit System Board granted the request for
reconsideration.

B-90 PROPOSED AMENDMENTS OF N.J.A.C. 4A:4-3.9 AND 3.10

It is recommended that the proposed amendments to N.J.A.C.
4A:4-3.9 and 3.10, Rice Bill, be adopted as proposed.

ACTION: The Merit System Board adopted the rule as
proposed.

B-91 PROPOSED AMENDMENTS OF N.J.A.C. 4A:5-1.1 AND 1.2

It is recommended that the proposed amendments to N.J.A.C.
4A:5-1.1 and 1.2, Veterans and Disabled Veterans Preference,
be approved for publication.

ACTION: The Merit System Board appproved the rule for
publication in the New Jersey Register.

B-92 PROPOSED AMENDMENTS OF N.J.A.C. 4A:2-2.8 AND NEW RU2-2.8
AND NEW RULE


It is recommended that the proposed amendments to N.J.A.C.
4A: 2-2.8, Appeals, Discipline and Separations, be adopted
as proposed with exceptions as explained.

ACTION: The Merit System Board adopted the rule as
proposed with technical changes.
B-93 MINUTES

The Merit System Board Minutes for the meeting of September
10, 1998 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its
meeting of September 10, 1998.

B-94 SHAMIKA MCKINNON

Shamika McKinnon appeals the request by the City of Newark
to remove her name from the Police Officer (M3394Y) eligible
list for medical unfitness to effectively perform the duties
of the position.

ACTION: The Merit System Board directed that this appeal
be denied.

B-95 INSURANCE ANALYST 3 (RATING) AND INSURANCE ANALYST 4
(RATING)


The Director, Human Resource Management, Department of
Personnel requests that the titles of Insurance analyst 3
(Rating) and Insurance Analyst 4 (Rating) be allocated to
the noncompetitive division of the carer service on an
interim basis.

ACTION: The Merit System Board granted the request.

B-96 LAWRENCE MURPHY

Lawrence Murphy, a Ranger with the Division of Parks and
Forestry, Department of Environmental Protection,
represented by D. William Subin, Esq., seeks a stay pending
the outcome of his appeal before the Merit System Board in
regard to his suspension on charges.

ACTION: The Merit System Board denied the request for a
stay.

B-97 RUBIN TORRES

Rubin Torres, a Police Officer with the City of Newark
Police Department, represented by A.J. Fusco, Jr., Esq.,
seeks a stay pending the outcome of his appeal before the
Merit System Board in regard to his six-month suspension on
charges.

ACTION: The Merit System Board denied the request for a
stay.

B-98 ROBERT WARE


The City of Trenton and Robert Ware seek acknowledgment of a
settlement agreement restoring Mr. Ware's name to the
eligible list for Fire Fighter (M9045N), City of Trenton.

ACTION: The Merit System Board acknowledged the settlement
as clarified and revived the eligible list for
Fire Fighter to allow appointment of Mr. Ware.

B-99 PATRICIA BLINN

Patricia Blinn, Executive Assistant 1, Department of
Personnel, petitions the Merit System Board for
reconsideration of the final administrative decision
rendered on March 24, 1998, which granted her request to
record her seniority as continuous from June 21, 1965 for
purposes of future appointments and layoffs, and denied her
challenge to the determination of the Division of Human
Resource Management which found that the seniority of
Jeffrey Bodholt and Leslie Summiel was properly recorded.

ACTION: The Merit System Board denied the request for
reconsideration.

VOTE Janice Mitchell Mintz (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Edward W. Verner, M.D. (Yes)

B-100 PATRICK RUSSO

Patrick Russo, represented by Sanford R. Oxfeld, Esq., is
seeking a regular appointment to the title of Equipment
Operator, Hudson County, and a retroactive date of
appointment with back pay and benefits from a 1993
certification, pursuant to the final administrative decision
of the Merit System Board, issued on April 22, 1998,
enforcing its prior decision in this matter, rendered on
June 13, 1995.

ACTION: The Merit System Board granted the request in
part.

B-101 THOMAS HASCUP

Thomas Hascup, a County Correction Officer with the Passaic
County Sheriff's Department, represented by Joseph Licata,
Esq., requests reinstatement to his position and back pay,
seniority and benefits from the date of his separation from
employment. He also requests a hearing in regard to a five-
day suspension on charges.

ACTION: The Merit System Board granted the requests.

B-102 ELEONORA KATS


Eleonora Kats appeals the determination of the Division of
Selection Services, which found that she did not meet the
educational requirements for the open competitive
examinations for Assistant Environmental Engineer (S6038O)
and Assistant Environmental Engineer, Air Pollution Control
(S6040O).

ACTION: The Merit System Board directed that this appeal
be granted.

B-103 JULIE NOLAN

Julie Nolan appeals the determination of the Division of
Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Supervising Clerk (PC3742V), Hudson County Sheriff's Office.

ACTION: The Merit System Board directed that this appeal
be granted.

B-104 MARTA STOTT

The Director of Public Safety, City of Atlantic City,
requests administrative relief in order to implement and
record the terms of an addendum to a settlement agreement
between Atlantic City and Marta Stott, who is presently a
permanent Police Officer.

ACTION: The Merit System Board directed that this appeal
be granted.

B-105 ROBERT F. O'NEILL

Robert F. O'Neill requests reconsideration of the decision
regarding his score on the examination for Fire Captain,
(PM1191T) Teaneck.

ACTION: The Merit System Board directed that this appeal
be denied.

B-106 SOPHIA MIN

Sophia Min, Personnel and Labor Analyst 3, Department of
Personnel, appeals minor discipline of an official written
reprimand and a two day suspension.
ACTION: The Merit System Board directed that this appeal
be denied.

VOTE Janice Mitchell Mintz (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Edward W. Verner, M.D. (Yes)

B-107 EARLY SETTLEMENTS

Cynthia Appleton
Administrative Office of the Courts
Hudson Vicinage
Release at the end of working test period

*James Beck
Department of Transportation
7 days suspension

Aligya David
Administrative Office of the Courts
Middlesex Vicinage
Release at the end of working test period

Janet Dixon
New Jersey Department of Labor
10 days suspension

Annie Harris-Campbell
Division of State Police
Department of Law and Public Safety
Release at the end of the working test period

Judy Knehr
Department of Treasury
Resignation not in good standing

Patricia Marrow
North Princeton Developmental Center
Department of Human Services
Removal

Patricia Scheiderman
Administrative Office of the Courts
Ocean Vicinage
6 days suspension

Louis Smith
New Lisbon Developmental Center
Department of Human Services
Removal

Vanessa St. Julian
Forensic Psychiatric Hospital
Department of Human Services
Removal

ACTION: The Merit System Board acknowledged the
settlements. *The following vote pertains to the
James Beck settlement.

VOTE Janice Mitchell Mintz (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)
Edward W. Verner, M.D. (Yes)


There being no further business before the Merit System
Board, the meeting was adjourned to convene on Tuesday, October
14, 1998 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

______________________________
JANICE MITCHELL MINTZ
CHAIRWOMAN
MERIT SYSTEM BOARD
 
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