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
Julius J. Mastro
Edward W. Verner, M.D.

A regular meeting of the Merit System Board was held on Tuesday, January 12, 1999, in Trenton, New Jersey.

PRESENT: Chairwoman Janice Mitchell Mintz; Merit System Board Members, Margaret E. L. Howard, Judith L. Shaw, Julius J. Mastro, 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 November 30, 1998 and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey. All other actions were by unanimous vote unless otherwise specified.

Confidential Appointments

The Merit System Board recorded the following Confidential
Appointments under N.J.S.A. 11A:3-4(h):


TO: Merit System Board DATE: November 24, 1998
FROM: Arthur E. Brown, Jr.,
Assistant Commissioner
State and Local Operations

SUBJECT: Confidential Appointment Under N.J.S.A. 11A:3-4(h)


Department of the Treasury

Joel P. Fishbein appointed as Confidential Secretary effective
November 9, 1998, salary of $ 50,000.00 per annum. Position
is in the Unclassified Service under N.J.S.A. 11A:3-4(h).

Verification has been made of the number of positions allocated
and the number of persons holding Confidential Appointments in
this agency and State Treasurer James A. DiEleuterio, Jr. is
authorized to make the subject appointment.

Recommendation: Record appointment in the Unclassified Service
under N.J.S.A. 11A:3-4(h)

No other Confidential Secretary in the department.
Replacing Delores Solan - vacated position October 31, 1998


TO: Merit System Board DATE: December 22, 1998
FROM: Arthur E. Brown, Jr.,
Assistant Commissioner
State and Local Operations

SUBJECT: Confidential Appointment Under N.J.S.A. 11A:3-4(h)


Department of the Transportation


Diane Saylor appointed as Confidential Secretary effective
August 15, 1998, salary of $ 41,000.00 per annum. Position
is in the Unclassified Service under N.J.S.A. 11A:3-4(h).

Verification has been made of the number of positions allocated
and the number of persons holding Confidential Appointments in
this agency and Commissioner John J. Haley, Jr. is authorized to
make the subject appointment.


Recommendation: Record appointment in the Unclassified Service
under
N.J.S.A. 11A:3-4(h)


The appointment of this Confidential Secretary does not exceed
the
entitlement authorized under N.J.S.A. 11A:3-4(h).
Replacing Laura Boce - vacated position March 6, 1998


TO: Merit System Board DATE: December 22, 1998
FROM: Arthur E. Brown, Jr.,
Assistant Commissioner
State and Local Operations

SUBJECT: Confidential Appointment Under N.J.S.A. 11A:3-4(h)


Department of the Law & Public Safety


Bernadette Dudek appointed as Confidential Secretary effective
November 23, 1998, salary of $ 56,000.00 per annum. Position
is in the Unclassified Service under N.J.S.A. 11A:3-4(h).

Verification has been made of the number of positions allocated
and the number of persons holding Confidential Appointments in
this agency and the Attorney General Peter Verniero is
authorized to make the subject appointment.


Recommendation: Record appointment in the Unclassified Service
under
N.J.S.A. 11A:3-4(h)


The appointment of this Confidential Secretary does not exceed
the
entitlement authorized under N.J.S.A. 11A:3-4(h).
Replacing Georgine Coleman - vacated position May 8, 1998

TO: Merit System Board DATE: December 22, 1998
FROM: Arthur E. Brown, Jr.,
Assistant Commissioner
State and Local Operations

SUBJECT: Confidential Appointment Under N.J.S.A. 11A:3-4(h)


Department of the Treasury
Council on Local Mandate


Shawn Slaughter appointed as Confidential Secretary effective
June 22, 1998, salary of $ 28,500.00 per annum. Position is
in the Unclassified Service under N.J.S.A. 11A:3-4(h).

Verification has been made of the number of positions allocated
and the number of persons holding Confidential Appointments in
this agency and State Treasurer James A. DiEleuterio is
authorized to make the subject appointment.


Recommendation: Record appointment in the Unclassified Service
under N.J.S.A. 11A:3-4(h)



The appointment of this Confidential Secretary does not exceed
the entitlement authorized under N.J.S.A. 11A:3-4(h).

New Position effective March 28, 1998

TO: Merit System Board DATE: December 22, 1998
FROM: Arthur E. Brown, Jr.,
Assistant Commissioner
State and Local Operations

SUBJECT: Confidential Appointment Under N.J.S.A. 11A:3-4(h)


Department of Labor


Walter J. Kowal appointed as Confidential Assistant effective
November 2, 1998, salary of $ 53,000.00 per annum. Position
is in the Unclassified Service under N.J.S.A. 11A:3-4(h).

Verification has been made of the number of positions allocated
and the number of persons holding Confidential Appointments in
this agency and Commissioner Melvin Gelade is authorized to make
the subject appointment.


Recommendation: Record appointment in the Unclassified Service
under N.J.S.A. 11A:3-4(h)

The appointment of this Confidential Assistant does not exceed
the
entitlement authorized under N.J.S.A. 11A:3-4(h).
Replacing Deloris Ellien - vacated position July 1, 1998



TO: Merit System Board
DATE: December 22, 1998

FROM: Arthur E. Brown Jr.
Assistant Commissioner
State & Local Operations

SUBJECT: Confidential Appointment Under N.J.S.A. 11A:3-4(h)


Department of Human Services

Bridget B. Capasso appointed as Confidential Assistant effective
April 11, 1997, salary of $37,533.98 per annum. Position is
in the Unclassified Service under N.J.S.A. 11A:3-4(h).

Verification has been made of the number of positions allocated
and the number of persons holding Confidential Appointments in
this agency and Commissioner Michele K. Guhl is authorized to
make the subject appointment.

Recommendation: Record appointment in the Unclassified Service
under
N.J.S.A. 11A:3-4(h).





The appointment of this Confidential Assistant does not exceed
the entitlement authorized under N.J.S.A. 11A:3-4(h).
Replacing Carol Grant vacated position March 11, 1994

TO: Merit System Board DATE: December 22, 1998
FROM: Arthur E. Brown, Jr.,
Assistant Commissioner
State and Local Operations

SUBJECT: Confidential Appointment Under N.J.S.A. 11A:3-4(h)


Department of Human Services


Zigmunt Czaplinski appointed as Confidential Assistant
effective August 31, 1998, salary of $ 40,000.00 per annum.
Position is in the Unclassified Service under N.J.S.A. 11A:3-
4(h).

Verification has been made of the number of positions allocated
and the number of persons holding Confidential Appointments in
this agency and Commissioner Michele Guhl is authorized to make
the subject appointment.


Recommendation: Record appointment in the Unclassified Service
under N.J.S.A. 11A:3-4(h)





The appointment of this Confidential Assistant does not exceed
the entitlement authorized under N.J.S.A. 11A:3-4(h).
Replacing Paula Benjamin - vacated position May 11, 1998

State

The Merit System Board approved the recommended changes in the
State Classification Plan, copies of which are attached hereto
and made a part hereof.

TO: Janice Mintz, Commissioner

Henry Maurer, Director
Merit System Practices

FROM: Marjorie Schwartz, Director
Division of Human Resource Management

SUBJECT: Abolishment of Titles

DATE: December 23, 1998

The Department of Human Services has requested that two currently
active Department of Personnel title series: Child Center Program
Evaluator and Inspector, Child Care Centers be abolished. Both
titles reside exclusively in the Bureau of Licensing in the
Division of Youth and Family Services. This request is of a
larger consolidation initiative requested by the Department.
The Department has also requested a new title series, Child Care
Quality Assurance Inspector be created. Employees in the new
title series will conduct the work now completed by staff in the
two titles to be abolished.

The Division of Youth and Family Services asserts that this
action to consolidate the functions of Child Center Program
Evaluators and Inspector, Child Care Centers into one title
series will enhance and improve the Agency's inspections of Child
Care facilities throughout the State. Additionally, the action
will reduce the current number of titles from seven in both
series to three in the new series, hence supporting the
Department of Personnel's goal to reduce the number of titles in
State Government.

Effective: January 16, 1999





I 15-62222 C NE 12

Senior Inspector Child Care Centers
P 18-62223 C NE 12

Principal Inspector Child Care Centers
R 21-62224 C NE 12

P 19-70492 C NE 12

R 22-70493 C NL 12

Supervisor Child Center Program Evaluator
S 25-70494 C NL 12

Supervisor Inspector Child Care Centers
S 24-62225 B NL 12

MS:AL:SP
TO: Janice Mintz, Commissioner

Henry Maurer, Director
Merit System Practices

FROM: Marjorie Schwartz, Director
Division of Human Resource Management

SUBJECT: Creation of Titles

DATE: December 23, 1998

The Department of Human Services has requested that the title
series Child Care Quality Assurance Inspector be created as a
result of an effort to consolidate titles within their Bureau of
Licensing in the Division of Youth and Family Services. This
title series will reside only in the Bureau of Licensing in the
Division of Youth and Family Services. The Department proposes
this single new title series to replace the two title series,
Child Center Program Evaluator and Inspector, Child Care Centers,
currently performing Child Care Center inspection functions. A
training plan has been drafted by DYFS and included in the
package reviewed by the Department of Personnel which identifies
needs and available resources for implementing staff training to
ensure appropriate knowledge and skills are achieved among all
impacted staff.

The Division of Youth and Family Services asserts that this
action to consolidate the functions of Child Center Program
Evaluators and Inspector, Child Care Centers into one title
series will enhance and improve the Agency's inspections of Child
Care facilities throughout the State. Increasing the frequency
of inspections at Child Care Centers is a major Governor's
initiative for this Division. Additionally, the action will
reduce the current number of titles from seven in both series to
three in the new series, hence addressing the Department of
Personnel's goal to reduce the number of titles in State
Government.

The request also includes approval for individuals currently in
their working test period in the titles to be abolished to be
permitted to complete the working test period in the new title
series.

Effective: August 1, 1998
CHILD CARE QUALITY ASSURANCE INSPECTOR I
P21-(TBD) C NE 12

R24-(TBD) C NE 12

S27-(TBD) C NL 12


MS:AL:SP
SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Nancy Bauerband
Monmouth County - Department of Human Services
Suspension

In the Matter of Ellinor Jenkins
Buttonwood Hospital - Burlington County
Removal, Resignation Not In Good Standing and Suspension

In the Matter of Cynthia Johnson
City of Plainfield
Suspension

In the Matter of Juan Mejia
Department of Transportation
Removal

In the Matter of Lawrence J. Murphy
Department of Environmental Protection
Suspension

In the Matter of Curtis Moss
Ancora Psychiatric Hospital
Department of Human Services
Removal

In the Matter of Gloria Otubanjo
Bergen Pines County Hospital
Department of Human Services
Removal

In the Matter of Sandra Parker
City of Asbury Park Public Library
Resignation Not In Good Standing

In the Matter of Mack Patterson
Trenton Psychiatric Hospital
Department of Human Services
Removal

In the Matter of James Peters
Hamilton Township - Public Works
Removal

In the Matter of Richard Triano
Township of Belleville - Consolidated MSB Civil Rights Case
Demotion

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


ACTION: The Merit System Board acknowledged the
settlements.

A-2 BARBARA KNIER - SETTLEMENT (APPELLANT OBJECTS TO TERMS)

Barbara Knier, Practical Nurse, Medical Homes, Monmouth
County, removal effective April 18, 1997, on charges of
unsatisfactory performance of duties and standards of job
performance.

Recommendation of the Administrative Law Judge - Settlement.

ACTION: The Merit System Board acknowledged the settlement.

A-3 DENNIS DANIELS

Dennis Daniels, Police Officer, Newark Police Department,
suspension for 15 days, effective January 27, 1997, and
ending February 14, 1997, on charges of violation of
Department Rules and Regulations, Conduct in Private and
Public and Acts of Omission.

Recommendation of the Administrative Law Judge - Reduce the
suspension to a written reprimand.

ACTION: The Merit System Board modified the recommendation
of the Administrative Law Judge to a 3 day suspension.

A-4 MARK DELMONACO, ANTHONY DIMINNO, RUSSELL INSERRA,
CHRISTOPHER PERRELLI, JOHN PESENTI, COLUMBIA SANTARPIA, AND
DONALD SCORZETTI

Appeal of Mark DelMonaco, Anthony DiMinno, Russell Inserra,
Christopher Perrelli, John Pesenti, Columbia Santarpia, and
Donald Scorzetti, Police Officers Borough of Lodi, Police
Department layoff effective October 21, 1995, for reasons of
economy.

Recommendation of the Administrative Law Judge - Uphold the
layoff.

ACTION: The Merit System Board upheld the layoff.

A-5 CAROL DEMARIA

Carol DeMaria, Recreation Supervisor, Department of Public
Resources, Hudson County, resignation not in good standing,
effective April 15, 1996, on charges of being absent five
consecutive work days without authorization.

Recommendation of the Administrative Law Judge - Uphold the
resignation not in good standing.

ACTION: The Merit System Board modified the recommendation
of the Administrative Law Judge to a resignation in
good standing.

A-6 SHEENA FOWLKES

Sheena Fowlkes, Food Service Worker (12 months), Woodbridge
Developmental Center, Department of Human Services, release
at the end of her working test period effective November 19,
1997.

Recommendation of the Administrative Law Judge - Uphold the
release at the end of the Working Test Period.

ACTION: The Merit System Board upheld the release at the
end of the Working Test Period.



A-7 GARY VAN NORMAN

Gary Van Norman, Senior Correction Officer, Garden State
Reception and Youth Correctional Facility, Department of
Corrections, suspension for 15 days, on charges of
inappropriate physical contact or mistreatment of an inmate,
patient, client, resident or employee.

Recommendation of the Administrative Law Judge - Reverse the
suspension and award back pay and counsel fees.

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

A-8 DAVID VASSIE

David Vassie, Firefighter, City of Margate, suspension for
60 days beginning February 16, 1997, on charges of loss of
failure to have a valid drivers license.

Recommendation of the Administrative Law Judge - Modify the
60 day suspension to which the parties stipulated 56 days of
the original 60 day suspension had been served to a 45 day
suspension and reimbursement of 10 days back pay.

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

A-9 CYNTHIA COTTON

Cynthia Cotton, Family Service Specialist 3, Division of
Youth and Family Services, Department of Human Services,
removal effective April 4, 1997, on charges of conduct
unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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

A-10 ROBERT COULTER

Robert Coulter, Head Nurse, Ancora Psychiatric Hospital,
Department of Human Services, removal effective June 2,
1997, on charges of inappropriate physical contact with a
patient, intentional misuse of position and 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-11 VICTORIA GIBBONS

Victoria Gibbons, Human Services Assistant, Vineland
Developmental Center, Department of Human Services, removal
effective January 8, 1998, on charges of physical abuse of a
client.

Recommendation of the Administrative Law Judge - Uphold the
removal.

ACTION: The Merit System Board modified the recommendation
of the Administrative Law Judge to a 6 month
suspension.

A-12 GEORGE GIBBS

George Gibbs, Truck Driver, Highway Department - Burlington
County, removal effective September 3, 1997, on charges of
conduct unbecoming a public employee, discrimination, and

use of racially derogatory terms.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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

A-13 ELIZABETH LOCKETT

Elizabeth Lockett, Practical Nurse, Trenton Psychiatric
Hospital, Department of Human Services, removal effective
April 7, 1997, on charges of a serious mistake due to
carelessness which would result in danger and/or injury to
persons and violation of a procedure (3rd infraction).

Recommendation of the Administrative Law Judge - Uphold the
removal.

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

A-14 EVELYN MCCLURKIN

Evelyn McClurkin, Cottage Training Technician, Woodbine
Developmental Center, Department of Human Services, removal
effective August 5, 1997, on charges of physical or mental
abuse of a patient, client, resident, or employee.

Recommendation of the Administrative Law Judge - Reverse the
removal.

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

A-15 SAMUEL MENDEZ

Samuel Mendez, Police Officer, Police Department, City of
Newark, removal effective February 15, 1996, on charges of
intoxication or illegal use of drugs.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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

A-16 REBECCA OLIVER

Rebecca Oliver, County Correction Officer, Department of
Public Safety, Hudson County, removal effective February 22,
1996, on charges of conduct unbecoming a Public Employee,
insubordination and neglect of duty.

Recommendation of the Administrative Law Judge - Dismiss the
Appeal.

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

A-17 JOSEPH POWELL

Joseph Powell, Psychiatric Charge Technician, Department of
Human Services, Monmouth County, removal effective May 30,
1997, on charges of neglect of duty, theft of time,
falsification of records and conduct unbecoming a public
employee.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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

A-18 ERNEST GRAHAM

Ernest Graham, Mason, Newark Housing Authority, released at
the end of working test period effective July 1, 1996, due
to unsatisfactory services. The Merit System Board at its
meeting of November 24, 1998, directed that this matter be
held over due to the receipt of late exceptions.

Recommendation of the Administrative Law Judge - Uphold the
release.

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



A-19 CAMILLA JOHNSON - SETTLEMENT

Camilla Johnson, Motor Vehicle Operator Elderly and
Handicapped Persons, Middlesex County, Department of Human
Services, removal effective August 28, 1997, on charges of
incompetency, inefficiency or failure to perform duties,
conduct unbecoming a public employee and neglect of duty.
The Merit System Board at its meeting of December 22, 1998,
directed that this matter be held over for the receipt of a
letter clarifying the terms of the settlement.

Recommendation of the Administrative Law Judge - Settlement.

ACTION: The Merit System Board acknowledged the settlement

A-20 DIANE MURPHY

Diane Murphy, Supervisor of Legal Secretarial Services,
Department of Law and Public Safety, Division of Criminal
Justice, removal effective February 25, 1997, on charges of
conduct unbecoming a public employee. The Merit System
Board at its meeting of December 22, 1998, directed that
this matter be held over for receipt of additional cross
exceptions from respondent and appointing authority.

Recommendation of the Administrative Law Judge - Modify the
removal to a five day suspension and reinstatement to the
position with back pay.

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


A-21 LINDA SIBILIA

Linda Sibilia, Head Nurse, New Jersey Veterans Memorial
Home, Department of Military and Veterans Affairs, removal
effective June 10, 1996, on charges of mistreatment of a
patient, client, resident or employee, and intentional abuse
or misuse of authority or position. The Merit System at its
meeting of October 27, 1998 directed that this matter be
held over for more information concerning the hearing record
and at its meeting of December 22, 1998, directed that the
matter be held over for the full Board's consideration.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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

VOTE Janice Mitchell Mintz (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Julius J. Mastro (No)
Edward W. Verner, M.D. (Yes)

SECTION B - MISCELLANEOUS MATTERS


B-1 LA-KISHA D. CLEMENT

La-Kisha D. Clement 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 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 MASHEA DUNBAR

Mashea Dunbar appeals her rejection as a Police Officer
candidate by the City of Camden and its request to remove
her 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 denied.

B-3 DOMINGO GALLARDO

Domingo Gallardo 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 denied.

B-4 LUZ RAMOS


Luz Ramos 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 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-5 NEWMAN R. SMITH

Newman R. Smith, represented by Paul W. Bergrin, Esq.,
appeals his rejection as a County Correction Officer
candidate by the County of Bergen and its request to remove
his 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 granted.

B-6 NICHOLAS SORRENTINO

Nicholas Sorrentino appeals his rejection as a Police
Officer by the City of Jersey City 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 denied.



B-7 SUTTIDA OUNTA BROWN

Suttida Ounta Brown, a Principal Clerk Typist at the New
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-8 MYRNA RAMIREZ

Myrna Ramirez, a Human Services Technician with the New
Jersey Veterans Memorial Home at Vineland, Department of
Military and Veterans Affairs, appeals the denial of sick
leave injury (SLI) benefits.

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

B-9 ELIZABETH TOLBERT

Elizabeth Tolbert, a Day Care Center Technician with the
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-10 EDMUND EZIAGHIGHALA

Edmund Eziaghighala appeals the request of the Division of
Youth and Family Services appointing authority to remove his
name from the Family Service Specialist Trainee (S6024O)
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-11 GENE W. GARRON

The Department of Corrections (DOC) appeals the decision of
Human Resource Information Systems which found that the DOC
failed to present a sufficient basis to remove Gene W.
Garron's name from the Correction Officer Recruit list
(S9998U) due to a criminal record.

ACTION: The Merit System Board directed that this appeal
be denied and the list for Correction Officer Recruit
(S9998U) be revived only in order that the appointing
authority has the opportunity to consider Mr. Garron
for prospective employment opportunities.

B-12 VICTORIA HALL

Victoria Hall appeals the decision of the Certification Unit
which found that the Department of Corrections had presented
a sufficient basis to remove her name from the Correction
Officer Recruit (S9556J) priority hiring list.

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

B-13 NICKY HUFF

Nicky Huff appeals the decision of the
Certification/Placement Services Unit which found that the
Department of Corrections had presented a sufficient basis
to remove his name from the Correction Officer Recruit
(S9678P) eligible list.

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

B-14 MELANIE KATONA

Melanie Katona appeals the removal of her name from the
Laboratory Technician, Water Analysis (M0618U), Hamilton
Township, eligible list.

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


B-15 WILLIAM F. LEE

William F. Lee appeals the decision of Human Resource
Information Systems which found that the appointing
authority had presented sufficient evidence to remove his
name from the eligible list for Police Officer (M3394X),
City of Newark.

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

B-16 CAROLYN ROBINSON

Carolyn Robinson appeals the decision of the
Certification/Placement Services Unit which found that the
Department of Corrections had presented a sufficient basis
to remove her name from the Correction Officer Recruit
(S9673P) eligible list.

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

B-17 JACK S. FREEMAN, JR., AND THEAUDRIC HOLMES

Jack S. Freeman, Jr., a Police Officer, and Theaudric
Holmes, a Police Sergeant with the City of Asbury Park
Police Department, represented by Steven Pfeffer, Esq., and
Edward C. Bertucio, Jr., Esq., respectively, request that
disciplinary charges lodged against them be dismissed since
a departmental hearing was not held within 30 days of the
service of the preliminary notices of disciplinary action.

ACTION: The Merit System Board denied the request for
interim relief.

B-18 MERCER COUNTY CORRECTION OFFICER LAYOFFS

The Policemen's Benevolent Association, Local 167, on behalf
of all Mercer County Correction Officers laid off on
September 11, 1998, represented by David B. Beckett, Esq.,
petitions the Merit System Board for interim relief.

ACTION: The Merit System Board denied the request for
interim relief.

B-19 MICHAEL DONATI

The Department of Corrections, represented by Jennifer
Meyer-Mahoney, Deputy Attorney General, petitions the Merit
System Board for reconsideration of the final administrative
decision, rendered on February 24, 1998, which modified the
removal charge levied against Michael Donati to a six-month
suspension.

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

B-20 EDNA INGRUM

Edna Ingrum, Senior Youth Worker, Division of Juvenile
Services, Department of Human Services, requests
reconsideration of the decision of the Merit System Board
rendered on August 5, 1997, which removed the appellant
effective May 24, 1996, on charges.

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


B-21 VENETTA COLE

Venetta Cole, a Complaints Investigator with the Department
of Health and Senior Services (DOH), appeals the
determination of the Commissioner of DOH, stating that there
was no evidence to substantiate that she had been
discriminated against on the basis of her race or a
disability or in reprisal for filing a discrimination
complaint.

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

B-22 GLORIA WILLIAMS

Gloria Williams, a Principal Investigator with the Office of
the Public Defender, represented by Evelyn Liebman, Staff
Representative, CWA Local 1038, appeals the determination
of the Public Defender stating that there was no probable
cause that she had been discriminated against based on her
race or sex.

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



B-23 FULVIO STANZIALE

Fulvio Stanziale, a Sanitary Inspector with the Monmouth
County Board of Health, represented by Robert W. Smith,
Esq., claims that the appointing authority imposed minor
discipline based on reprisal.

ACTION: The Merit System Board granted a hearing.

B-24 RICHARD V. DECHIARO

Richard V. DeChiaro, a Probation Officer with the Morris
County Vicinage, the Judiciary, represented by Stacey B.
Rosenberg, Esq., appeals the denial of back pay, benefits
and seniority by the appointing authority with regard to his
indefinite suspension.

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

B-25 CUSTOMER SERVICE REPRESENTATIVE (PM1949V), CITY OF NEWARK

The appointing authority's failure to properly dispose of
the certification for Customer Service Representative 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, make an appointment
from the certification list and pay compliance costs.

B-26 PUBLIC WORKS REPAIRER (PM2961S), BOROUGH OF ELMWOOD PARK

The Director, Division of Human Resource Management,
requests reconsideration of the Salary Disapproval Order
rendered on April 7, 1998, ordering the Borough of Elmwood
Park to immediately dispose of the outstanding certification
for Public Works Repairer (PM2961S), to immediately remove
Robert Nelson and John Stankienicz from the subject title
and to pay compliance processing costs of $250. In
addition, the Director requests that the list for Public
Works Repairer (M3944J) which expired on June 29, 1991, be
revived and a certification issued so that the above-named
individuals may be permanently appointed to the subject
title.

ACTION: The Merit System Board granted the request to
rescind the Salary Disapproval Order and revive the
list for symbol (M3944J) so that Robert Nelson and
John Stankienicz may be permanently appointed to
the subject title.

B-27 SENIOR CLERK TYPIST (M5372S), CLIFTON PUBLIC LIBRARY

The appointing authority requests permission not to make an
appointment from the certification for Senior Clerk Typist
(M5372S), Clifton Public Library.

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

B-28 SOCIAL WORKER (C0436O), PASSAIC COUNTY

The appointing authority's failure to properly dispose of
the certification for Social Worker 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, make
appointments from the certification list and pay
compliance costs.

B-29 SUPERVISOR, COLLECTION REPRESENTATIVE (M0524O), CITY OF
NEWARK


The appointing authority's failure to properly dispose of
the certification for Supervisor, Collection Representative
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, make
appointments from the certification list and pay
compliance costs.

B-30 TELEPHONE OPERATOR (C0165O & C0437O), PASSAIC COUNTY

The appointing authority's failure to properly dispose of
the certification for Telephone Operator 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, make
appointments from the certification list and pay
compliance costs.

B-31 WILLIAM AZZARRA, JR.

The appeal of William Azzarra, Jr., General Supervisor of
Roads, Division of Public Works, Camden County, removal
effective February 3, 1997, on charges, was heard by
Administrative Law Judge Kathryn A. Clark, who rendered her
initial decision on November 10, 1998, upholding the
removal. The Merit System Board, at its meeting on December
22, 1998, modified the penalty to a six-month suspension.

ACTION: The Merit System Board adopted the final decision.


B-32 DONALD BENSON

The appeal of Donald Benson, a Senior Correction Officer at
the Albert C. Wagner Youth Correctional Facility, Department
of Corrections, regarding a 30-day suspension, on charges,
was heard by Administrative Law Judge Anthony T. Bruno, who
rendered his initial decision on November 16, 1998,
upholding the 30-day suspension. The Merit System Board, at
its meeting on December 22, 1998, modified the 30-day
suspension to a 15-day suspension.

ACTION: The Merit System Board adopted the final decision.

B-33 RUBIN REESE

The appeal of Rubin Reese, Building Maintenance Worker,
Department of Public Buildings and Grounds, City of
Vineland, removal effective September 10, 1997, on charges,
was heard by Administrative Law Judge Anthony T. Bruno, who
rendered his initial decision on November 10, 1998,
upholding the charges, but modifying the penalty to a
four-month suspension. The Merit System Board, at its
meeting of December 22, 1998, modified the penalty to a
30-day suspension.

ACTION: The Merit System Board adopted the final decision.

B-34 DENISE R. AMOS

Denise R. Amos appeals the determination of the Division of
Selection Services which found that she did not meet the
experience or certification requirements for the open
competitive examination for Emergency Medical Services
Technician (S6573R), Northern State Prison.

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

B-35 ROBERT M. ANTHONY

Robert M. Anthony appeals the determination of the Division
of Human Resource Management which found that he was
ineligible for the promotional examination for Executive
Assistant (PC0572W), Essex County.

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

B-36 MICHELE E. BELL

Michele E. Bell appeals the determination of the Division of
Selection Services, which found that she did not meet the
education and experience requirements for the open
competitive examination for Claims Adjudicator III,
Disability Determinations (S0271O).

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

B-37 VINCENT BELLUCCI

Vincent Bellucci 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 Municipal Recycling Coordinator, (M6239O), Borough of
Fairview.

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

B-38 JOYCE CHAMBERS

Joyce Chambers appeals the decision of the Supervisor,
Selection Appeals Unit who determined that appellant was
properly found ineligible for the Executive Assistant 2,
Corrections (PS9904I) promotional examination.

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

B-39 ANNUNZIATA DEMPSEY

Annunziata Dempsey appeals the decision of the Division of
Selection Services which found that appellant did not meet
the experience requirements for the promotional examination
for Personnel Assistant 3 (PS3402T), Department of
Transportation.

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


B-40 DEBORAH A. FITZGERALD

Deborah A. Fitzgerald appeals the determination of the
Division of Selection Services which found that appellant
did not meet the experience requirements for the promotional
examination for Senior Management Assistant (PS4723Q),
Office of the Public Defender.

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

B-41 ROBIN A. GURDGIEL

Robin A. Gurdgiel appeals the decision of the Division of
Selection Services which found that he did not meet the
experience requirements for the promotional examination for
Mason (PC9191U), Cape May County.

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

B-42 ROBERT J. HLINICKY

Robert J. Hlinicky appeals the determination of the Division
of Selection Services which found that appellant did not
meet the experience requirements for open-competitive
examinations for Administrative Clerk (C1645U), Ocean
County, Secretarial Assistant, Typing (S1772U),
Administrative Clerk (S1761U), and Administrative Analyst 2,
Data Processing (S1760U).

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

B-43 JOHN J. MCDONNELL

John J. McDonnell appeals the determination of the
Supervisor, Selection Appeals Unit who upheld the
determinations by the Division of Selection Services that
appellant did not meet the experience requirements for
Economic Development Representative 4 (S1700T) examination.

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

B-44 JOYCE MURPHY

Joyce Murphy appeals the determination of the Division of
Selection Services which found that she did not meet the
experience requirements for the open competitive examination
for Investigator County Welfare Agency (C1528T), Passaic
County.

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

B-45 FREDDERICK PARKER

Fredderick Parker 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 Supervising Equipment Operator/Supervising Mechanic
(M6263O), Atlantic City.

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

B-46 GERARD R. PASTORE

Gerard R. Pastore appeals the determination of the Division
of Human Resource Management which found that he was
ineligible for the promotional examination for Sheriff's
Officer Lieutenant (PC3794V), Essex County.

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

B-47 MARY LOUISE SAMSON

Mary Louise Samson appeals the decision of the Division of
Selection Services which found that appellant did not meet
the experience requirements for the promotional examination
for Recreation Supervisor (PM0085W), North Brunswick
Township.

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

B-48 MARYROSE TALAMINI

Maryrose Talamini appeals the determination of the Division
of Selection Services which found that she did not meet the
experience requirements for the open competitive examination
for Housing Manager (M5040S), Orange Housing Authority.

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

B-49 GAIL KRONE

Gail Krone appeals the validity of the examination for
Supervisor Building Service (C0620W), Hudson County.

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


B-50 BIANCA LOZADA

Bianca Lozada appeals the validity of the examination for
Employment Services Trainee Bilingual Spanish/English
(S0276O).

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

B-51 ABDUS MIAN

Abdus Mian appeals the validity of the examination for
Auditor 3 (S0208O).

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

B-52 MITCHEL MILLER

Mitchel Miller appeals the decision of the Division of
Selection Services concerning the correct answer to a
specific question on the open-competitive examination for
Public Health Investigator (M0432O), Kearny.

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

B-53 RICHARD WARREN

Richard Warren appeals the validity of the examination for
Senior Accountant (M0388O), Bloomfield.

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

B-54 FRANK DEVITO

Frank DeVito appeals the administration of the promotional
examination for Supervising Administrative Analyst
(PS4207K), Division of Mental Health Services.

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

B-55 BRUCE WINTER

Bruce Winter appeals the administration of the promotional
examination for Chief of Police (PM3311V), Middletown
Township.

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

B-56 ALLAN SPATZIER

Allan Spatzier appeals the determination of the Division of
Selection Services which found that appellant did not meet
the residency requirements for the open-competitive
examination for Senior Mechanic (M0284O), City of Orange.

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

B-57 ROBERT SWAIN, ET AL.

Robert Swain, et al., represented by Paul Pologruto, Local
1032, Communications Workers of America, request
reconsideration of the decision regarding the validity of
the examination process and scoring of the examination for
Project Manager, Transportation (PS3550T).

ACTION: The Merit System Board denied the request.

B-58 ALBERTO ALVARADO

Glenn H. Christiansen, Manager of Shared Services 2,
Department of Personnel, on behalf of Alberto Alvarado,
requests relaxation of the provisions of N.J.A.C.
4A:6-1.22, Donated Leave Program, so as to permit him to
exceed the 180 day limit for such leave.

ACTION: The Merit System Board granted the request.

B-59 N.J.A.C. 4A:5-1.1 and 1.2,VETERANS PREFERENCE

It is recommended that the proposed amendments to N.J.A.C.
4A:5-1.1 and 1.2, Veterans Preference, be adopted with
technical change not requiring additional public notice and
comment.

ACTION: The Merit System Board adopted the amendments with
technical change not requiring additional public notice and comment.

B-60 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of December
22, 1998 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its
meeting of December 22, 1998.

B-61 EARLY SETTLEMENTS

Rafael Estrada
Division of Youth and Familiy Services
Department of Human Services
Removal

ACTION: The Merit System Board acknowledged the settlement.

There being no further business before the Merit System Board,
the meeting was adjourned to convene on Tuesday, January 26,
1999, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
_______________________________
JANICE MITCHELL MINTZ
CHAIRWOMAN
MERIT SYSTEM BOARD

 
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