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State of New Jersey, Civil Service Commission
Governor Chris Christie • Lt.Governor Kim Guadagno
 
 
Margaret E. L. Howard, Presiding Board Member
Judith L. Shaw
Julius J. Mastro

A regular meeting of the Merit System Board was held on Tuesday, February 9, 1999 in Trenton, New Jersey.PRESENT: Merit System Board Members, Margaret E. L. Howard, Judith L. Shaw, and Julius J. Mastro; Elizabeth Laufer, Deputy Attorney General; Henry Maurer, Director, Elizabeth A. Napolitano and Sybil Janowitch, Division of Merit System Practices and Labor Relations.In accordance with L.1975, c.231, Margaret Howard, Presiding Board Member, 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.StateThe Merit System Board approved the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof.

Date: February 9, 1999
To: Janice M. Mintz,
Commissioner

 

Henry Maurer, Director
Merit System Practices and Labor Relations
From: Marjorie Schwartz, Director Division of Human Resource Management
Subject: Change in Classification Plan

 

DEPARTMENT OF HUMAN SERVICES

The Department of Human Services, Office of the Commissioner, has requested that Position # 910672 be reallocated from the Unclassified Service to the Senior Executive Service.Position # 910672 reports to the Assistant Commissioner for Legal and Regulatory Affairs and is responsible for the review, analysis, and monitoring of all major research studies, federal and state legislation, policies, and funding relative to the services and programs provided by the Department of Human Services.Having reviewed the proposed duties for this position, we find that this position meets the standards for inclusion in the Senior Executive Service. We recommend your approval in order to allocate the following position from the Unclassified Service to the Senior Executive Service.REALLOCATION OF SERVICE:Effective Date: November 7, 1998Position # 910672:
From: Unclassified
Director, Intergovernmental Relations (60298) (M32) (NL12)

To: Senior Executive Service (90752) (M98) (NL12)
DATE: February 9, 1999
TO: Janice Mitchell Mintz,
Commissioner

 

Henry Maurer, Director
Merit System Practices and Labor Relations
FROM: Marjorie Schwartz, Director Human Resource Management
SUBJECT: Change in State Classification Plan

 

DEPARTMENT OF HUMAN SERVICES

At its meeting on November 10, 1998, the Merit System Board, pursuant to N.J.S.A.11A:3-4(1), approved a request from the Department of Human Services for one (1) title, Disabilities Services Specialist, to be allocated to the unclassified service for use by the New Jersey Developmental Disabilities Council and the State Office of Disabilities Services to employ the developmentally disabled. The Merit System Board has already approved establishment of Disabilities Services Specialist with an NL workweek. This present request focuses on establishing a 35-hour workweek for the same title.The mission of the Office of Disabilities Services and the State Office of Disabilities is to provide cross-disabilities information and referral services to all New Jersey residents, as well as employment opportunities to the disabled. The addition of this alternative workweek will enable maximum flexibility in employing persons with disabilities.Appointment to this title will require notification of the appointee=s specific disability and the approval of the Division of Human Resource Management.ADDITION OF WORKWEEK:Disabilities Services Specialist X98 Workweek: 3512Effective: November 7, 1998EMV/JAG/DTF

DATE: January 28, 1999
TO: Janice Mitchell Mintz, Commissioner
Department of Personnel

Henry Maurer, Director
Merit System Practices and Labor Relations

FROM: Marjorie Schwartz, Director
Division of Human Resource Management
SUBJECT: Change in the State Classification Plan

The Department of Labor is requesting the following job functions be reallocated to the Senior Executive Service.Your approval of the reallocation for the following position numbers from the career service to the Senior Executive Service is recommended. A review of the assigned job functions has been conducted and the positions meet the standard established for inclusion in the Senior Executive ServiceReallocation of Service
Effective Date

FROM: 941475, Assistant Director, Facilities Management
(M32-54150)

939728, Assistant Director, Facilities Management
(M32-54150)

TO: 941475, Senior Executive Service
(M98-90752)

 

939728, Senior Executive Service
(M98-90752)

Justification --Position Number # 941475The incumbent of this position serves as the Assistant Director for Procurement. In that capacity the incumbent manages a staff of professional buyers, storekeepers and warehouse personnel. During the last Fiscal Year the office was responsible for the procurement of approximately forty (40) million dollars worth of equipment, goods and services. Critical to this operation is the current knowledge and skill to evaluate state-of-the-art computer/technical equipment to address ever changing technology needs of the Department of Labor and to comply with ergonomic principles and guidelines.Justification --Position # 939728The incumbent of this position serves as Assistant Director for Building Management. In that capacity, the incumbent manages a staff of building services specialists, building management technicians and logistical facilitators. The office has responsibility for the oversight and maintenance of 66 leases amounting to over twenty (20) million dollars. In addition, the office has principal responsibility for work space design, equipment installation and office relocations. The Assistant Director serves as the liaison for the Department with the Department of Treasury and acts as the Department's agent for Master Lease activities.MAS:MBV:MLH

DATE: January 28, 1999
TO: Janice Mitchell Mintz, Commissioner
Department of Personnel

 

Henry Maurer, Director
Merit System Practices and Labor Relations
FROM: Marjorie Schwartz, Director Division of Human Resource Management
SUBJECT: Changes in the State Classification Plan

In order to implement the Governor's "New Jersey First" initiative the Department of Transportation requests your approval of three actions involving Senior Executive Service positions. The actions consist of reallocation of one position to the Senior Executive Service and the redesignation of two positions currently in the Senior Executive Service to perform different functions.Your approval of the reallocation of position number# 050694 from the career service to the Senior Executive Service is recommended. A review of the assigned job functions has been conducted and the positions meet the standard established for inclusion in the Senior Executive Service. The current incumbent Ronald Stewart would remain in the position when it is reallocated to the Senior Executive Service.Reallocation of Service

EFFECTIVE DATE: November 7, 1998
FROM: 050694, Manager 2, Information Processing
(M34-64777)
TO: 050694, Senior Executive Service
(M98-90752)

Justification --Position Number # 050694The incumbent of this position is responsible for directing the administration of the Department of Transportation information technology system activities with direct responsibility for supervising staff involved in the centralization of existing Department of Transportation information systems including network operations and support, help desk, equipment maintenance and replacement, training, cabling, applications, development and maintenance, and enterprise information management and information management and infrastructure planning.Your approval is requested for the redesignation of two positions (#023363 and #23933) which are already in the Senior Executive Service. The redesignations which would allow the positions to be assigned different functions are also recommended. A review of the assigned job functions has been conducted and the positions meet the standard established for inclusion in the Senior Executive Service.Redesignation of Current Senior Executive Service PositionsSenior Executive Service Position Number 023643 is currently designated as Director Division of Budget and Management, Support. The Department of Transportation requests that it be redesignated to Chief Financial Officer. Steve Hanson who is the current incumbent would remain in the position.Senior Executive Service Position Number 023933 is currently vacant. The Department of Transportation requests that it now be functionally redesignated as Director Division of Budget. The Department indicates it will submit a posting for the position following the approval of its redesignation.Justification --Position Number 023643This position would be redesignated as Chief Financial Officer. In that capacity the position would be responsible to manage the financial activities of the Department, including the operating budget, accounts payable, federal and Trust Fund agreements, internal and external auditing and procurement of goods and services. The position would be responsible to manage technical activities of the Department including the information systems and data collection and reporting. The position also acts as Executive Director of the Transportation Trust Fund Authority.Justification --Position Number 023933This position would be redesignated as Director, Division of Budget. In that capacity the positions would be responsible for recommending to the Chief Financial Officer, an optimal resource allocation plan for the Department=s annual operating budget. The position would be responsible to provide technical support for the Commissioner and Chief Financial Officer in their defense of the Department=s operating budget before the Office of Management and Budget, the Office of Legislative Services and committees of the legislature.MAS:MBV:MLHWITHDRAWALOF APPEALSThe following appeal was withdrawn and removed from the hearing calendar:Denise Azzaro, Administrative Assistant III, Department of Environmental Protection, Science and Research, suspension.DISMISSAL OF APPEALS -FAILURE TO APPEARThe Merit System Board dismissed the following case without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:Susan Livingston, Practical Nurse, Department of Human Services, Vineland Developmental Center, removal.SECTION A - HEARING MATTERS
A-1 SETTLEMENTS

In the Matter of Patrick Culhane
West New York
Bypass on the Eligibility List

In the Matter of Harry Ervin
City of Newark
Suspension

In the Matters of Steven Prosser
County of Monmouth, Board of Health
Suspension

In the Matter of Anthony Spera
City of Newark
Removal

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

ACTION: The Merit System Board acknowledged the
settlements with the exception of Harry Ervin,
which was held over.

A-2 RONNIE LANGSTON

Ronnie Langston, Senior Correction Officer, Albert C. Wagner
Youth Correctional Facility, Department of Corrections,
suspension for 15 days, on charges of conduct unbecoming a
public employee and inappropriate physical contact or
mistreatment of an inmate, patient, client, resident, or
employee.

Recommendation of the Administrative Law Judge - Reverse the
suspension.

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

A-3 JAMES CAINE

James Caine, Human Services Technician, Greystone Park
Psychiatric Hospital, Department of Human Services, removal
effective June 2, 1997, on charges of physical and mental
abuse of a patient.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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

A-4 CURTIS COHEN

Curtis Cohen, Senior Correction Officer, East Jersey State
Prison, Department of Corrections, removal effective
December 12, 1997, on charges of conduct unbecoming a public
employee, improper or unauthorized contact with an inmate;
undue familiarity with an inmate; and engaging in financial
transactions between employees and inmates.

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

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

A-5 WILLIAM FREDERICK, JR.

William Frederick, Jr., Cottage Training Technician, New
Lisbon Developmental Center, Department of Human Services,
removal effective April 26, 1996, on charges of physical
abuse of a client.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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


A-6 WILLIAM HYNES

William Hynes, Correction Officer Recruit, Juvenile Justice
Commission/New Jersey Training School, Department of Law and
Public Safety, removal effective October 16, 1997, on the
charge of inappropriate physical contact or mistreatment of
an inmate.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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

A-7 JAMES P. KOKKALIS

James P. Kokkalis, Director, Office of Design and
Construction, Newark School District, removal effective
January 23, 1996, on charges which include failure to
perform duties and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Acknowledge
the withdrawal of the charges.

ACTION: The Merit System Board acknowledged the settlement
between the parties in regard to withdrawal of charges,
payment of back pay and counsel fees: however the request for
interest was denied.

A-8 KEITH MARTIN

Keith Martin, Laborer Heavy, Department of Utilities, City
of Camden, removal effective April 4, 1997, on charges of
insubordination, inability to perform duties, chronic
absenteeism, neglect of duty and failure to report absences.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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

A-9 YOLANDA ROSS

Yolanda Ross, Human Services Technician, Ancora Psychiatric
Hospital, Department of Human Services, removal effective
March 24, 1997, on charges of physical abuse of a patient
and falsification: intentional misstatement in connection
with a report.

Recommendation of the Administrative Law Judge - Reverse 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. The Merit System Board at its meeting January
12, 1999 directed that this matter be held over.

Recommendation of the Administrative Law Judge - Reverse the
removal.

ACTION: The Merit System Board upheld the removal.

SECTION B - MISCELLANEOUS MATTERS

B-1 THOMAS BULANOWSKI

Thomas Bulanowski appeals his rejection as a County
Correction Officer candidate by the County of Mercer 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 denied.

B-2 SHELTON FARROW

Shelton Farrow 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-3 NATHANIEL L. COXEN

Nathaniel L. Coxen, a Safety Specialist 2, Division of Motor
Vehicles, with the Department of Transportation, appeals
the denial of sick leave injury (SLI) benefits.

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

B-4 THOMAS D'INTINO


Thomas D'Intino, an Administrative Analyst 1 with the New
Jersey Veterans Memorial Home at Vineland, Department of
Military and Veterans Affairs, represented by Lawrence A.
Mintz, Esq., appeals the denial of sick leave injury (SLI)
benefits.

ACTION: The Merit System Board directed that the appellant
be referred to the Medical Examiners Panel.

B-5 BARBARA KURSINCZKY

Barbara Kursinczky, a Teacher at Woodbridge Developmental
Center, Department of Human Services, represented by Sarah
Evans, Staff Representative, CWA Local 1040, appeals the
denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that the appellant
be referred to the Medical Examiners Panel.

B-6 ELIZABETH TOLBERT

Elizabeth Tolbert, a Day Care Center Technician with the
Department of Human Services, represented by Virginia M.
Dietrich, Esq., appeals the denial of sick leave injury
(SLI) benefits.

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

B-7 JOHN M. WEBB

John M. Webb, a Human Services Technician with Ancora
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-8 JOHN CONNORS

Hudson County appeals the decision of Human Resource
Information Services which found that sufficient basis had
not been presented to remove John Connors= name from the
eligible list for Executive Director, Office on Aging
(C1412T), Hudson County.

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

B-9 DAVID CSIMBOK

David Csimbok, represented by A.J. Fusco, Jr., Esq., appeals
the decision of Human Resource Information Systems which
upheld his bypass on the list for Police Sergeant (PM0959U),
Borough of Carteret.

ACTION: The Merit System Board granted a hearing.

B-10 SAUL D. MARQUES

Saul D. Marques, represented by Howard A. Bachman, Esq.,
appeals the decision of Human Resource Information Services
which found that the Department of Corrections had presented
a sufficient basis to remove appellant=s name from the
Correction Officer Recruit (S9998U) eligible list.

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

B-11 GABRIEL RIVERA

Gabriel Rivera appeals the decision of Human Resource
Information Services which found that the appointing
authority had presented a sufficient basis 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-12 JOSEPH AVANTI

The Department of Military and Veterans Affairs, represented
by Maria B. Desautelle, Deputy Attorney General, petitions
the Merit System Board for reconsideration of its final
decision, rendered on January 13, 1998, which vacated the
removal imposed on Joseph Avanti and awarded back pay and
counsel fees.

ACTION: The Merit System Board granted the request for
reconsideration, upheld the charges against Joseph Avanti and
imposed a six month suspension.

B-13 YOLANDA BRAXTON

Yolanda Braxton, a Support Services Representative 3 with
the Department of Transportation, represented by Calvin W.
Money, CWA National Representative, petitions the Merit
System Board to reconsider the final decision dismissing her
appeal of her removal, effective May 9, 1997, without
prejudice based on her failure to appear at a scheduled
hearing. Additionally, the parties request that the Board
acknowledge the settlement agreement which resolves the
outstanding disputes in regard to Ms. Braxton's removal.

ACTION: The Merit System Board granted the request for
reconsideration and acknowledged the settlement agreement.

B-14 PAMELA NORMAN

Pamela Norman, a Truck Driver with Sparta Township,
represented by Kathleen A. Mazzouccolo, Esq., petitions the
Merit System Board for reconsideration of its final
administrative decision, rendered on November 10, 1998,
which dismissed her appeal of her removal, based on her
failure to appear at a scheduled settlement conference.

ACTION: The Merit System Board granted the request for
reconsideration and directed that the matter be transmitted to the
Office of Administrative Law for a hearing.

B-15 MICHAEL WALKER

Michael Walker, formerly a Police Officer with the Police
Department, City of Clifton, represented by Anthony J.
Fusco, Jr., Esq., requests that the rule regarding the time
period for filing appeals be relaxed pursuant to N.J.A.C.
4A:1-1.2(c) to afford him a hearing in regard to his
resignation in good standing effective February 17, 1998.

ACTION: The Merit System Board denied the request for rule
relaxation.

B-16 DENNIS DANIELS

The appeal of Dennis Daniels, Police Officer, Newark Police
Department, concerning his 15-day suspension effective
January 27, 1997 and ending February 14, 1997, on charges,
was heard by Administrative Law Judge Thomas R. Vena (ALJ),
who rendered his initial decision on November 24, 1998. The
Merit System Board, at its meeting on January 12, 1999, did
not adopt the ALJ's recommendation to reduce the 15-day
suspension to a written reprimand. Instead, the Board
modified the penalty to a three-day suspension.

ACTION: The Merit System Board adopted the final decision.

B-17 CAROL DEMARIA

The appeal of Carol DeMaria, part-time Recreation
Supervisor, County of Hudson, resignation not in good
standing effective April 15, 1996, was heard by
Administrative Law Judge Mumtaz Bari-Brown, who rendered her
initial decision on December 3, 1998. The Merit System
Board (Board), at its meeting of January 12, 1999, did not
adopt the ALJ's recommendation that a resignation not in
good standing was the appropriate penalty. Instead, the
Board modified the resignation not in good standing to a
resignation in good standing.

ACTION: The Merit System Board adopted the final decision.

B-18 VICTORIA GIBBONS

The appeal of Victoria Gibbons, a Human Services Assistant
with Vineland Developmental Center, Department of Human
Services, removal effective January 8, 1998, on charges of
physical abuse of a client, was heard by Administrative Law
Judge (ALJ) Anthony T. Bruno, who rendered his initial
decision on December 1, 1998, upholding the removal. The
Merit System Board, at its meeting of January 12, 1999,
modified the charge of physical abuse of a client to the
lesser charge of inappropriate physical contact and
concluded that the penalty of removal should be modified to
a six-month suspension.

ACTION: The Merit System Board adopted the final decision.

B-19 GEORGE GIBBS

The appeal of George Gibbs, Burlington County, concerning
his removal as a Truck Driver effective September 3, 1997 on
charges, was heard by Administrative Law Judge Bruce R.
Campbell (ALJ), who rendered his initial decision on
November 16, 1998. The Merit System Board, at its meeting
on January 12, 1999, affirmed the ALJ's recommendation
upholding the removal.

ACTION: The Merit System Board adopted the final decision.

B-20 REBECCA OLIVER

The appeal of Rebecca Oliver, County Correction Officer,
Hudson County, of her removal on charges, effective February
22, 1996, was before Administrative Law Judge Sebastian
Gaeta, Jr. (ALJ), who rendered his initial decision on
September 30, 1998. At its meeting of January 12, 1999, the
Board accepted the ALJ's recommendation to dismiss the
appeal for lack of pursuit.

ACTION: The Merit System Board adopted the final decision.

B-21 SENIOR CLERK TYPIST (C1201T), OFFICE OF THE REGISTER,
PASSAIC COUNTY

The appointing authority requests permission not to make an
appointment from the certification for Senior Clerk Typist
(C1201T), Office of the Register, Passaic County.

ACTION: The Merit System Board granted the request and
assessed no costs.

B-22 KARRIEM B. ALI, ET AL.

Karriem B. Ali, Barry Gordon, Edward J. Mitchell, Luther G.
Roberson, Jr., and Robert P. Whitney appeal the
determination of the Division of Selection Services which
found that they did not meet the experience requirements for
the promotional examination for Maintenance Supervisor
(PM1294U), Newark Housing Authority.

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

B-23 STEVEN S. KAYSER

Steven S. Kayser appeals the decision of the Division of
Selection Services which found that appellant did not meet
the experience requirements for the open competitive
examination for Program Coordinator, Aging (C0302O), Union
County.

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

B-24 LINDA W. KAVASH

Linda W. Kavash appeals the decision of the Division of
Human Resource Management which found that she was
ineligible for the promotional examination for Clinical
Psychologist 2 (Mental Health Services) (PS5408K), Ancora
Psychiatric Hospital.

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

B-25 KENNETH LEE

Kenneth Lee appeals his ineligibility for the Police
Sergeant (PM0959W), promotional examination for the City of
Newark.

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

B-26 ROBERT LEPIERE

Robert LePiere appeals the determination of the Division of
Selection Services which found that he did not meet the
experience requirement for the Affirmative Action Officer
(M0779W), Atlantic City open competitive examination.

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

B-27 GWENDOLYN NELSON

Gwendolyn Nelson appeals the decision of the Division of
Selection Services which found that appellant did not meet
the education and experience requirements for the
promotional examination for Administrative Analyst 4 Data
Processing (PS6657H), Department of Health.

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

B-28 CURTIS NORFLEET

Curtis Norfleet appeals the determination of the Division
of Selection Services, which found that he did not meet the
experience requirement for the open competitive examination
for Senior Custodian (M9036O), Newark School District.

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

B-29 HITA K. SHAH

Hita K. Shah appeals the determination of the Division of
Selection Services, which found that she did not meet the
education requirement for the open competitive examination
for Microbiologist 5 (S0274O).

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

B-30 LOUIS TURCO

Louis Turco appeals his ineligibility for the Police
Sergeant (PM0959W), promotional examination for the City of
Newark.

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

B-31 GLORIA BOONE

Gloria Boone appeals her score for the Secretarial Assistant
1 (PS5252J), Kean College examination.

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

B-32 LYDIA MEDINA

Lydia Medina appeals her score on the examination for
Investigator Probation Bilingual Spanish/English (S1619T),
and her ineligibility for Investigator Probation (S1618T).

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

B-33 JOHN E. MASON

John E. Mason appeals his ranking on the eligible list
resulting from the open competitive examination for
Electrical Subcode Official (M9121W), Millville City.

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

B-34 JACQUELINE READ

Jacqueline Read appeals the administration of the
open-competitive examinations for Principal Clerk Typist
(S0036O), Principal Clerk Bookkeeper (S0033O), and Senior
Clerk Typist (S0040O).

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

B-35 SAMIE SHOKRY

Samie Shokry appeals the determination of the Division of
Selection Services, which found that he did not meet the
residency requirement for the open competitive examination
for Principal Engineer, Civil (M6256O), City of Newark.

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

B-36 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of January
26, 1999 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its
meeting of January 26, 1999.

SECTION B - MISCELLANEOUS MATTERS

B-37 DANIEL F. MCELDOWNEY

Daniel F. McEldowney appeals his score on the promotional
examination for Fire Lieutenant (PM4169V), West New York.

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

B-38 CATHERINE KAUFFMAN

The appeal of Catherine Kauffman, Director, Alcoholism
Rehabilitation, Department of Alcohol Services, Cumberland
County, removal effective August 4, 1997, on charges, was
heard by Administrative Law Judge (ALJ) Joseph F. Fidler,
who rendered his initial decision on December 14, 1998. At
its meeting of January 26, 1999, the Board adopted the ALJ's
recommendation to uphold the removal.

ACTION: The Merit System Board adopted the final decision.

B-39 ALICE TROCHE

The appeal of Alice Troche, Teacher Aide with the State-
Operated School District of Jersey City, of her five-month
suspension on charges, was heard by Administrative Law Judge
Ken R. Springer (ALJ), who rendered his initial decision on
December 15, 1998, recommending that the suspension be
reversed.

At its meeting of January 26, 1999, the Merit System Board
modified that recommendation to a one month suspension.

ACTION: The Merit System Board adopted the final decision.

B-40 JOSEPH GUZIEWICZ

The appeal of Joseph Guziewicz, Building Maintenance Worker,
Department of Public Works, Mount Holly Township of his
removal, effective September 6, 1997 on charges, was heard
by Administrative Law Judge Kathryn A. Clark (ALJ), who
rendered her initial decision on December 21, 1998,
recommending that the charges be dismissed. However, at its
meeting of January 26, 1999 the Merit System Board modified
that recommendation to to five day suspension.

ACTION: The Merit System Board adopted the final decision.

B-41 LAWRENCE ZAMENSKY

The appeal of Lawrence Zamensky, Senior Correction Officer
at Garden State Reception and Youth Correctional Facility
(Garden State), Department of Corrections, concerning his
removal effective July 31, 1994 on charges, was heard by
Administrative Law Judge Walter F. Sullivan (ALJ), who
rendered his initial decision on September 21, 1998. At its
meeting of January 26, 1999, the Board did not accept the
ALJ's recommendation that the removal be modified to a six-
month suspension for passing a false prescription. Rather,
the Board concluded that removal was the appropriate
penalty. Additionally, the Board did not accept the ALJ's
recommendation to uphold the removal on the basis of
appellant's failure to notify Garden State of his arrest.
Rather, the Board found that the appointing authority had
not met its burden of proof on this issue, and dismissed the
charge.

ACTION: The Merit System Board adopted the final decision.

B-42 EARLY SETTLEMENTS
Yvonne Littlejohn
Veterans Memorial Home at Paramus
Department of Military and Veterans Affairs
Removal

Larry Merritt
Ancora Psychiatric Hospital
Department of Human Services
10 day suspension

Melvin Wright
New Lisbon Developmental Center
Department of Human Services
Removal

ACTION: The Merit System Board acknowledged the
settlements.


There being no further business before the Merit System Board, the meeting was adjourned
to convene on Tuesday, February 23, 1999, at 10:00 a.m., at 3 Station Plaza, Trenton,
New Jersey.

_____________________________
MARGARET E. L. HOWARD
PRESIDING BOARD MEMBER
MERIT SYSTEM BOARD

 
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