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

A regular meeting of the Merit System Board was held on Tuesday, March 23, 1999 in Trenton, New Jersey.PRESENT: Chairwoman Janice Mitchell Mintz; Merit System Board Members, Margaret E. L. Howard, and Judith L. Shaw; 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.
WITHDRAWAL OF APPEALS

The following appeal was withdrawn and removed from the hearing
calendar:

Jose Rivera, Police Officer, Police Department, City of Passaic,
indefinite suspension.

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:

Velma C. Ellis, Cottage Training Technician, Department of Human
Services, New Lisbon Developmental Center, removal.

Willie Reed, Custodial Worker, Jersey City School District,
removal.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Stephen Brown
Police Department - Union City
Suspension

In the Matter of Peter Bruce
City of Passaic
Termination at the end of Working Test Period

In the Matter of Dorothy Czarnik
County of Monmouth
Resignation Not in Good Standing

In the Matter of James C. Ford
Department of Transportation
Suspension

In the Matter of Chris Harper
Bayside State Prison - Department of Corrections
Removal


In the Matter of Grover Jackson
Northern State Prison - Department of Corrections
$90 Fine

In the Matter of Iva Laskarides
Department of Human Services
Removal

In the Matter of Catherine Mercantini
Department of Health and Senior Services
Suspension

In the Matter of Patrick Murray
Monmouth County Reclamation Center
Suspension

In the Matter of Terry Russell
Burlington County Board of Social Services
Removal

In the Matter of Marvin Thompson
Department of Environmental Protection - Remand
Suspensions

In the Matter of Theodesia Watkins
Buttonwood Hospital - County of Burlington
Suspension

In the Matter of Samuel Welch
Burlington County - Buttonwood Hospital
Suspension

In the Matter of Charles Winterhalter
City of Jersey City
Removal


In the Matter of Kenneth Wolfe
Newark Housing Authority
Removal

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

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

A-2 WILLIAM BRENNAN

William Brennan, Fire Fighter, Fire Department, Township of
Teaneck, (1) Two minor disciplinary actions consisting of a
two day suspension and a five day suspension, (2) 21 day
suspension on charges of insubordination and conduct
unbecoming a public employee, (3) 63 day suspension on a
charge of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the
two-day suspension. Modify the five-day suspension to a two-
day suspension. Dismiss the 21-day suspension. Modify the
63-day suspension to a 10-day suspension.

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 (No)


A motion was made and seconded that the open session be
recessed and that, pursuant to Section 12(b) of the Open Public
Meetings Act, the Merit System Board entered into Executive
Session for the purpose of legal advice on the matter of A-3
Thelma Cole. The Board susequently reconvened the public
meeting.

A-3 THELMA COLE

Thelma Cole, Hospital Charge Attendant, Buttonwood Hospital,
Burlington County, resignation not in good standing
effective January 3, 1997, on charges of being absent from
duty for five or more consecutive business days and failure
to follow leave of absence procedures.

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

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


A-4 ABNER GARZON

Abner Garzon, Institutional Trade Instructor 1, Needle
Trades Clothing Manufacturer, Northern State Prison,
Department of Corrections, released at the end of the
working test period, due to unsatisfactory services.

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

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


A-5 JANEDETTE GIBSON

Janedette Gibson, Senior Corrections Officer, Edna Mahan
Correctional Facility, Department of Corrections, suspension
for 15 days, on charges of being in violation of the
attendance verification policy.

Recommendation of the Administrative Law Judge - Uphold the
suspension.

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


A-6 CATHERINE SCHNEBLE

Catherine Schneble, Administrative Analyst I, Department of
Environmental Protection, concerning the good faith of her
layoff effective July 8, 1995.

Recommendation of the Administrative Law Judge - Uphold the
layoff.

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

A-7 DEBORAH A. CREGGER

Deborah A. Cregger, Senior Clerk Typist, Salem County Board
of Social Services, removal effective December 11, 1997, on
charges of being in violation of the Residency Policy.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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

A-8 DEAN FRASIER

Dean Frasier, Laborer, State Operated School District of the
City of Newark, removal effective May 7, 1997, on charges of
conduct unbecoming a public employee, and resignation not in
good standing.

Recommendation of the Administrative Law Judge - Modify the
removal to a 15 day suspension, and uphold the resignation
not in good standing.

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 (No)

A-9 ROBERT LACAILLADE

Robert Lacaillade, Police Officer/Sergeant, Police
Department, City of Millville, removal effective March 13,
1992, on charges of being in violation of the rules and
regulations; standards of conduct, neglect of duty,
performance of duties, obedience to laws and regulations,
arrests, reports and bookings, handling of firearms, and
truthfulness.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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

A-10 CORINE NOBLES

Corine Nobles, Day Care Center Technician, Department of
Human Services, Regional School, Essex Campus, removal
effective April 27, 1998, on charges of sleeping while on
duty and negligence which resulted in injury to persons.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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

A-11 LINDA SCANNAVINO

Linda Scannavino, Clerk Typist, Department of Public Works,
Township of North Bergen, removal effective January 6, 1995,
on charges of failing to return to work following medical
leave.

Recommendation of the Administrative Law Judge - Modify the
removal to a resignation in good standing.

ACTION: The Merit System Board modified the recommendation
of the Administrative Law Judge to a resignation
not in good standing.


A-12 HAROLD KAFER - SETTLEMENT

Initial removal effective August 22, 1997, on charges of
sleeping while on duty. Settled to a resignation in good
standing. The Merit System Board at its meeting of March 9,
1999, directed that this matter be held over for the receipt
of a clarifying letter.

Recommendation of the Administrative Law Judge - Settlement.

ACTION: The Merit System Board acknowledged the
settlement.

A-13 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. The Board considered
this matter at its meeting of January 12, 1999, but
requested more information concerning the hearing record
before the Office of Administrative Law (OAL).

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

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


SECTION B - MISCELLANEOUS MATTERS

B-1 MONIQUE STOKES

Monique Stokes appeals her rejection as a Correction Officer
Recruit candidate by the New Jersey Department of
Corrections and its request to remove her name from the
eligible list for Correction Officer Recruit on the basis of
medical unfitness to perform effectively the duties of the
position.

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

B-2 ISAAC WOOD III

Isaac Wood III appeals his rejection as a Correction Officer
Recruit candidate by the New Jersey Department of
Corrections and its request to remove his name from the
eligible list for Correction Officer Recruit on the basis of
medical unfitness to perform effectively the duties of the
position.

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

B-3 JOHN CASIANO

John Casiano, represented by Gary F. Troxell, Esq., appeals
his rejection as a Police Officer candidate 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 granted.

B-4 ARTHUR J. COSENTINO

Arthur J. Cosentino 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-5 DOUGLAS FOLEY

Douglas Foley, a Senior Inspector, Fire Safety, with the
Department of Community Affairs, appeals the denial of sick
leave injury (SLI) benefits.

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

B-6 IVY JORDAN

Ivy Jordan, a Human Services Technician with Trenton
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-7 DAVID S. LARSEN

David S. Larsen, a Correction Lieutenant with East Jersey
State Prison, Department of Corrections, petitions the Merit
System Board for relaxation of the rule governing the
one-year limit for the award of SLI benefits in regard to
his continuing disability.

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

B-8 MARTIN F. LYNAM SR.

Martin F. Lynam, Sr., a Security Officer with Rowan
University, appeals the denial of sick leave injury (SLI)
benefits.

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

B-9 PBA LOCAL 105 AND DOC SLI APPEALS

Robert A. Fagella, Esq., on behalf of PBA Local 105,
requests that the Merit System Board impose sanctions
against the Department of Corrections for violating the
20-day processing time required for sick leave injury (SLI)
appeals pursuant to N.J.A.C. 4A:6-1.7.

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

B-10 CLAUDIA E. SMITH

Claudia E. Smith, a Supervisor of Nursing Services 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-11 DAVID L. COPELAND

David L. Copeland 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 Correction Officer Recruit
(S9999V), Department of Corrections.

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


B-12 WALTER RITTGER

Walter Rittger, a Police Officer with the City of Orange
Police Department, represented by A.J. Fusco, Jr., Esq.,
requests immediate reinstatement to active duty.

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

B-13 ROBERT FRANKLIN

Robert Franklin, a Senior Correction Officer at Riverfront
State Prison, Department of Corrections (DOC), appeals the
DOC=s determination which found that the appellant failed to
present sufficient evidence to support a finding of probable
cause that he had been discriminated against on the basis of
his race.

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


B-14 MANO HAR LAL

Mano Har Lal, a Supervisor, Construction Plans Approval
Section, Department of Community Affairs, appeals the
determination of the Chief of the Bureau of Appeals and
Compliance, Division of Equal Employment Opportunity and
Affirmative Action, stating that the appellant failed to
present sufficient evidence to support a finding that the
DCA had discriminated against him based on his national
origin or as reprisal for filing prior discrimination
complaints by not addressing his April 5, 1995
discrimination complaint.

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

B-15 JOHN STANTON

John Stanton, a Correction Sergeant at East Jersey State
Prison, Department of Corrections (DOC), appeals the DOC's
determination which found that the appellant failed to
present sufficient evidence to support a finding of probable
cause that he had been discriminated against on the basis of
his race.

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

B-16 RENATA NICEWICZ

Renata Nicewicz, an Institutional Attendant with the John L.
Montgomery Division, Monmouth County Care Centers, Monmouth
County, appeals the action of the appointing authority in
resigning her in good standing.

ACTION: The Merit System Board granted a hearing.

B-17 WILLIAM AZZARRA, JR.

The appointing authority for Camden County, represented by
Howard S. Wilson, Assistant County Counsel, requests a stay
of the final administrative decision of the Merit System
Board, In the Matter of William Azzarra, Jr. (MSB, decided
December 22, 1998), pending its appeal to the Superior
Court, Appellate Division.

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

B-18 ERIC HALLETT, SR.

Eric Hallett, Sr., a Senior Correction Officer with the
Department of Corrections, represented by Steve Hallett,
Esq., requests enforcement of that part of the Merit System
Board decision rendered on June 24, 1997, granting him back
pay and attorney fees.

ACTION: The Merit System Board denied the request for back
pay and granted the request in part to pay counsel
fees.

B-19 SECURITY GUARD (M0653U), PASSAIC VALLEY WATER COMMISSION

The failure of Passaic Valley Water Commission to properly
dispose of the certification for Security Guard (M0653U) has
been presented to the Merit System Board for review.

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

B-20 SUPERVISOR, FOOD SERVICE (C1495T), PASSAIC COUNTY

The appointing authority's failure to properly dispose of
the certification for Supervisor, Food Service 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-21 COURT CLERK, PROBATE (C1552T), UNION COUNTY

The appointing authority requests permission not to make an
appointment from the certification for Court Clerk, Probate
(C1552T), Union County.

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

B-22 PLUMBING INSPECTOR (M0635U), LAKEWOOD TOWNSHIP

The appointing authority requests permission not to make an
appointment from the certification for Plumbing Inspector
(M0635U), Lakewood Township.

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

B-23 IYANA BYRD

The appeal of Iyana Byrd, a Human Services Assistant at the
Vineland Developmental Center, Department of Human Services,
regarding her removal, effective October 30, 1997, on
charges of physical abuse of a client, was heard by
Administrative Law Judge Robert W. Scott, who rendered his
initial decision on November 13, 1998, reversing the
removal. At its meeting on March 9, 1999, the Board ordered
that this matter be remanded to the Office of Administrative
Law for the limited purpose of reconstructing the
appellant's testimony.

ACTION: The Merit System Board adopted the decision.

B-24 MATTHEW GORDON

The appeal of Matthew Gordon, Senior Correction Officer at
Garden State Youth Correctional Facility, Department of
Corrections, concerning his six-day suspension, was heard by
Administrative Law Judge Walter F. Sullivan, who rendered
his initial decision on January 6, 1999, dismissing the
charges. The Merit System Board (Board), at its meeting on
March 9, 1999, ordered that this matter be remanded to the
Office of Administrative Law.

ACTION: The Merit System Board adopted the decision.

B-25 JAMES P. KOKKALIS

The appeal of James P. Kokkalis, Director, Office of Design
and Construction, Newark School District, removal effective
January 23, 1996, on charges, was heard by Administrative
Law Judge Richard McGill (ALJ), who rendered his initial
decision on December 29, 1998. The Merit System Board, at
its meeting on February 9, 1999, acknowledged the settlement
on the issues agreed to by the parties, and noted that it
had no jurisdiction to address the reinstatement of the
appellant to his position. Further, the Board found no
basis to award interest on the back pay awarded to
appellant.

ACTION: The Merit System Board adopted the final decision.

B-26 BRIAN OLIVER

The appeal of Brian Oliver, a Laborer with the Department of
Public Works, City of Trenton, regarding his removal,
effective July 30, 1997, on charges, was heard by
Administrative Law Judge (ALJ) John R. Tassini, who rendered
his initial decision on September 14, 1998, upholding the
removal. At its meeting on March 9, 1999, the Board ordered
that this matter be remanded to the Office of Administrative
Law.

ACTION: The Merit System Board adopted the decision.

B-27 PATRICIA A. BABER, ET AL.

Patricia A. Baber, John Chester, Pasquale J. Galasso and
Richard P. Holden 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 (PM1293U), Jersey City School
District.

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

B-28 MUHAMMAD BASHIR

Muhammad Bashir 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 Senior Income Maintenance
Technician (PS2702K), Division of Medical Assistance and
Health Services.

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

B-29 JODI M. BERGMAN

Jodi M. Bergman appeals the determination of the Division of
Selection Services which found that she did not meet the
experience requirement of the open competitive examination
for Assistant Municipal Treasurer, (M0751W), Kearny.

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

B-30 CLARESTINE A. BRAXTON

Clarestine A. Braxton appeals the determination of the
Division of Selection Services, which found that she did not
meet the experience requirement for the open competitive
examination for Senior Community Relations Specialist
(M0413O), Newark.

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

B-31 ABHIJIT CHATTERJEE, ET AL.

Abhijit Chatterjee, Joseph H. Cook, Mahesh C. Desai, Eddy B.
Exantus, Susan L. Gresavage, Joseph L. Maloney, Iheanyi C.
Opara, Rita H. Pandya, Ahmad A. Qureshi, Moses E. Salem,
Jack H. Scire, and Caroline S. Trueman appeal the
determination of the Division of Selection Services which
found that they were ineligible for the promotional
examination for Project Manager, Transportation (PS3550T).

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

B-32 ANSELMO CRISONINO

Anselmo Crisonino appeals the determination of the Division
of Selection Services which found that he did not meet the
experience requirements for the promotional examination for
Management Specialist (PM0394W), Bayonne.

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

B-33 ZOILA J. GUTIERREZ

Zoila J. Gutierrez appeals the determination of the Division
of Selection Services, which found that she did not meet the
experience requirement for the open competitive examination
for Investigator, Probation, Bilingual in Spanish and
English (S0329W).

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

B-34 ESTEFANIA OBLEA

Estefania Oblea appeals the determinations of the Division
of Human Resource Management which found that she was
ineligible for the promotional examinations for Claims
Examiner Unemployment and Disability Insurance (PS5772N) and
Claims Examiner Unemployment and Disability Insurance
(Bilingual in Spanish and English) (PS5773N), Department of
Labor.

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

B-35 THOMAS J. PRUSAKOWSKI

Thomas J. Prusakowski appeals the determination of the
Division of Selection Services, which found that he did not
meet the experience requirements for the promotional
examination for Supervisor Public Works (PM3415V),
Sayreville Borough.

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

B-36 BHUPENDRA J. SHAH, ET AL.

Bhupendra J. Shah, Linda M. Tosti and Diana Wise appeal the
determination of the Division of Selection Services which
found that they were ineligible for the promotional
examination for Project Manager, Transportation (PS3550T).

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

B-37 ALAN W. TREZ

Alan W. Trez appeals the decision of the Division of Human
Resource Management which found that he was ineligible for
the promotional examination for Supervising Family Service
Specialist 1 (PS6841K), Human Services.

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

B-38 MARYANN W. WATSON

Maryann W. Watson appeals the determination of the Division
of Human Resource Management which found that she was
ineligible for the promotional examination for Senior Youth
Services Counselor (PC4136V), Bergen County.

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

B-39 ANNA WEINSTEIN

Anna Weinstein appeals the determination of the Division of
Selection Services which found that she did not meet the
education requirements for the open competitive examination
for Employment Counselor Trainee (Bilingual in Spanish and
English) (S0244O).

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

B-40 JOANNE WELLS

Joanne Wells appeals the determination of the Division of
Selection Services which found that she did not meet the
requirements for the Social Case Worker (PM1778U), City of
Bayonne, promotional examination.

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

B-41 STELLA CASTALDO, ET AL.

Stella Castaldo, Administrative Assistant 2 (PS5516P),
Department of Law and Public Safety; Phyllis Cipolloni,
Administrative Analyst 3 Data Processing (PS5599H),
Department of Health and Senior Services; Wade Ely and
Maryann Mazon, Administrative Analyst 2 Data Processing
(PS5128T), Department of Transportation; Stanley Kovaleski,
Administrative Analyst 2 Data Processing (PS5345P),
Department of Law and Public Safety; and Lauren Mattox,
Administrative Assistant 2 (PS4904R), Board of Public
Utilities, appeal the validity of their respective
examinations which were administered on July 9, 1998.

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

B-42 DEBBIE FRIEL, ET AL.

Debbie Friel, Arlene Rice and Patricia Schubert, Senior
Clerk Transcriber (PS4068J); and Jill Costa, Joan Cheeseman,
Rita Cupani, Susan Reilly, Louise Schrier and Dottie Smith,
Principal Clerk Transcriber (PS4035J), respresented by Kelly
Carruolo, Local 1031, CWA, appeal their scores for
promotional examinations for Stockton State College.

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

B-43 GHISLAIN MARCEAU

Ghislain Marceau appeals his score on the promotional
examination for Project Engineer Surface Design (PS4255T),
Department of Transportation.

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

B-44 CORRECTION SERGEANT, JUVENILE JUSTICE COMMISSION (PS5139P)

The Policemen's Benevolent Association (PBA) Local 367,
represented by Robert Fagella, Esq., appeals the utilization
of PAR (Performance Assessment Review) ratings as part of
the promotional selection process for Correction Sergeants
Juvenile Justice at the Juvenile Justice Commission (JJC).

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

B-45 LOUIS M. ZALVINO, 3RD, ET AL.

The Director, Human Resource Management, on behalf of the
Acting Chief Technology Officer with the Office of
Information Technology (OIT), requests that the minimum
requirements for appointees to the noncompetitive title, as
provided in N.J.A.C. 4A:3-1.2(d), be waived to allow the OIT
to appoint Louis M. Zalvino, 3rd, Gerald J. Morrison, Joyce
E. Jones, Christopher M. Gaynord and Valerie A. McMillan to
the Data Processing Programmer 3 title.

ACTION: The Merit System Board granted the request.

B-46 PROPOSED AMENDMENTS TO N.J.A.C. 4A:4-2.17, EXAMINATION FEES

It is recommended that the amendments to N.J.A.C. 4A:4-2.17,
Examination Fees, be adopted without change.

ACTION: The Merit System Board adopted the rule as
proposed without change.

B-47 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of March 9,
1999 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its
meeting of March 9, 1999.

B-48 MICHAEL SAMMARTINO

Michael Sammartino, represented by Sidney H. Lehmann, Esq.,
appeals his rejection as a Police Officer candidate 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 granted.

B-49 ROY J. YOUNG

Roy J. Young, represented by Samuel J. Halpern, Esq.,
appeals his rejection as a County Correction Sergeant
candidate by the County of Bergen and its request to remove
his name from the eligible list for County Correction
Sergeant 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-50 JAMES DAVIS

The appeal of James Davis, Printing Operations Technician 4,
General Services Administration, Department of the Treasury,
of his 15-day suspension beginning January 6, 1997 and
removal effective July 10, 1997, on charges, was heard by
Administrative Law Judge Bruce R. Campbell (ALJ), who
rendered his initial decision on October 8, 1998. The Merit
System Board, at its meeting on March 9, 1999, upheld the
15-day suspension, but modified the removal to a six-month
suspension.

ACTION: The Merit System Board adopted the final decision.

B-51 RAYMOND SCOTT FREESE

The appeal of Raymond Scott Freese, Correction Lieutenant,
Mountainview Youth Correctional Facility, Department of
Corrections, concerning his release at the end of his
working test period, was heard by Administrative Law Judge
Solomon A. Metzger (ALJ), who rendered his initial decision
on January 26, 1999, upholding the release. The Merit System
Board, at its meeting on March 9, 1999, ordered that
appellant be granted a new working test period.

ACTION: The Merit System Board adopted the final decision.

B-52 ROBERT JOYNER

The appeal of Robert Joyner, Juvenile Detention Officer at
the Youth Detention Center, Monmouth County, of his removal,
effective October 10, 1995 on charges, was heard by
Administrative Law Judge Jeff S. Masin (ALJ), who rendered
his initial decision on October 22, 1998, reversing the
removal. The Merit System Board, at its meeting on March 9,
1999, upheld appellant's removal.

ACTION: The Merit System Board adopted the decision.

B-53 KAREN LEE

The appeal of Karen Lee, Head Clerk Bookkeeper, Northern
State Prison, Department of Corrections, removal effective
August 11, 1997, on charges, was heard by Administrative Law
Judge Richard McGill, who rendered his initial decision on
January 8, 1999. The Merit System Board, at its meeting on
March 9, 1999, did not adopt the ALJ's recommendation to
modify the removal to a three-month suspension. Rather, the
Board determined that a six-month suspension was the
appropriate penalty.

ACTION: The Merit System Board adopted the decision.

B-54 LOUIS PUTMON

The appeal of Louis Putmon, a Crew Supervisor at Ancora
Psychiatric Hospital, Department of Human Services, removal
effective November 25, 1996, on charges, was heard by
Administrative Law Judge John R. Futey (ALJ), who rendered
his initial decision on January 19, 1999. At its meeting on
March 9, 1999, the Board adopted the ALJ's recommendation.

ACTION: The Merit System Board adopted the decision.

B-55 IRA ROCHELLE

The appeal of Ira Rochelle, a Senior Buyer with the
Department of Health and Human Services, Camden County,
concerning his layoff for reasons of efficiency and economy,
was heard by Administrative Law Judge Anthony T. Bruno
(ALJ), who rendered his initial decision upholding the
layoff on February 2, 1999. At its meeting on March 9,
1999, the Board reversed the layoff.

ACTION: The Merit System Board adopted the final decision.

B-56 CHRISTOPHER S. HUNTER AND STACY G. WILSON

Christopher S. Hunter and Stacy G. Wilson appeal the
determination of the Division of Human Resource Management
which found that they were ineligible for the promotional
examination for Correction Lieutenant (PS6320I), Department
of Corrections.

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

B-57 WILLIAM F. LOVE, JR.

D. Craig Stevens, Director, Division of Human Resources,
Department of Environmental Protection, requests
reconsideration of the Merit System Board decision regarding
the eligibility of William F. Love, Jr. for the promotional
examination for Forest Fire Control Technician (PS5397G),
Environmental Protection.

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

B-58 KIM LUCAS-JANUSZ

Kim Lucas-Janusz, represented by Bruce L. Atkins, Esq.,
requests a retroactive permanent appointment date as a
Police Sergeant in order to qualify for the promotional
examination for Police Lieutenant (PM0155W), Borough of
Wallington. It is noted that this matter was held over from
the Board=s March 9, 1999 meeting.

ACTION: The Merit System Board granted the request.

B-59 EDWARD AGUILAR, ET AL., MINOR DISCIPLINE APPEAL

Edward Aguilar, Senior Correction Officer and 20 other
Senior Correction Officers, Riverfront State Prison,
Department of Corrections, represented by Robert A. Fagella,
Esq., 13 Senior Correction Officers represented by Stuart J.
Alterman, Esq., and Reginald Grant, Correction Sergeant,
represented by the New Jersey Law Enforcement Supervisors
Association, request Merit System Board review of the
imposition of a $338.00 fine, in lieu of a suspension, as
restitution for unauthorized absences.

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

B-60 EARLY SETTLEMENTS

Deborah Adams
Department of the Treasury
Resignation not in good standing

Brian Amore
Division of Codes and Standards
Department of Community Affairs
Removal

Lawrence Calvin
Ancora Psychiatric Hospital
Department of Human Services
Removal

Anthony Campbell
East Jersey State Prison
Department of Corrections
6 day suspension

Jeffrey Cochran
Central Reception and Assignment Facility
Department of Corrections
10 day suspension

James Coleman
Arthur Brisbane Child Treatment Center
Department of Human Services
30 day suspension

Maizeline Dotts
New Lisbon Developmental Center
Department of Human Services
Removal

Cloretta Greggs
Woodbridge Developmental Center
Deparmtent of Human Services
15 day suspension

Morris Kramer
Department of Environmental Protection
1 day suspension and fine of $1,455.

Eugene Upperman
Arthur Brisbane Child Treatment Center
Department of Human Services
30 day suspension

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, April 6, 1999, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

_______________________________
JANICE MITCHELL MINTZ
CHAIRWOMAN
MERIT SYSTEM BOARD
 
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