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A regular meeting of the Merit System Board was held on
Tuesday, September 28, 1999, in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz; Merit System Board
Members, Alan Dexter Bowman, Margaret E.L. Howard and Judith L.
Shaw, Andrea Grundfest, 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.
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.
DATE: September 21, 1999
TO: Janice Mitchell Mintz
Commissioner
Henry Maurer, Director
Merit System Practices and Labor Relations
FROM: Majorie J. Schwartz, Director
Human Resource Management
SUBJECT: Change in State Classification Plan
DEPARTMENT OF BANKING & INSURANCE
The Director, Division of Banking and Director, Division of
Insurance was created in N.J.S.A. 17:1-14 (L.1996,c.45,s.4.).
The Department of Banking & Insurance is requesting the
establishment of two unclassified titles to be utilized in the
Department of Banking & Insurance. Each Director shall be
appointed by the Governor, with the advice and consent of the
Senate and serve at the pleasure of the Governor.
CREATE:
Effective: 9/25/99
Director, Division of Banking
X98 Unclassified NL
Director, Division of Insurance
X98 Unclassified NL
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Richard Brown
Mercer County Correction/Youth Service
Suspension
In the Matter of Ivan Carter
Essex County Department of Citizen Services
Release at the End of Working Test Period
In the Matter of Ian Dampman
North Jersey Developmental Center
Department of Human Services
Removal
In the Matter of Thomas Dooley
Township of Pemberton
Suspension and Removal
In the Matter of James Jones, Jr.
City of Roselle
Department of Public Works
Removal
In the Matter of Jozanne LaBracio
Department of Human Services
Suspension
In the Matter of Jeffrey Logan
Department of Corrections
Removal
In the Matter of Mary Beth Mann
State of New Jersey Judiciary - Essex Vicinage
Removal
In the Matter of Florence Mihaich
Department of Labor
Removal
In the Matter of Fedele Nicolaro
City of East Orange
Suspension
In the Matter of Davidson Okere
Division of Youth and Family Services
Department of Human Services
List Removal
In the Matter of Constance Peak
Edna Mahan Correctional Facility for Women
Department of Corrections
Suspension
In the Matter of Patricia Shelton
State Operated School District of the City of Newark
Suspension
In the Matter of Robert Starcher
Bayside State Prison
Department of Corrections
Removal
In the Matter of John Warren
New Jersey State Prison
Department of Corrections
Suspension and Removal
In the Matter of Michael Zielinski
Township of Willingboro
Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE
CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the
settlements with the exception of Jeffrey Logan
and Davidson Okere which were held over.
A-2 JOHN DEBENEDICTIS
John DeBenedictis, Correction Sergeant, Northern State
Prison, Department of Corrections, suspension for ten days,
on charges of racial and/or sexual harassment,
discrimination and/or retaliation.
Recommendation of the Administrative Law Judge - Dismiss the
charges and reverse the suspension.
ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.
A-3 RUTH MARIE DEMARCO
Ruth Marie DeMarco, Practical Nurse, Monmouth County,
Medical Homes, (1) 30 day suspension from September 22, 1997
to November 4, 1997 and (2) a removal effective September
28, 1998, on charges of (1) unsatisfactory performance of
duties, violation of a rule, regulation or procedure and
serious mistake due to carelessness, (2) abuse of sick leave
(patterned absences), tardiness and standards of practice
not met regarding medication.
Recommendation of the Administrative Law Judge - Uphold the
30 day suspension and modify the removal to a suspension
extending from September 28, 1998 to the date of the final
disposition of her appeal.
ACTION: The Merit System Board modified the
recommendation of the Administrative Law Judge to
uphold the suspension and removal.
A-4 JAMES JOHNSON
James Johnson, Program Analyst, Health and Human Services,
Camden County, layoff effective May 13, 1997.
Recommendation of the Administrative Law Judge - Reverse the
layoff.
ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.
A-5 DIANE SACCHIERO
Diane Sacchiero, Clerk Typist, Essex County, layoff
effective June 6, 1997.
Recommendation of the Administrative Law Judge - Uphold the
layoff.
ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.
A-6 DAVID BALCHUNAS
David Balchunas, Senior Correction Officer, Mid State
Correctional Facility, Department of Corrections, removal
effective June 5, 1998, on charges of conduct unbecoming a
public employee and prowling in a public place for the
purpose of obtaining controlled substances.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board directed that this matter
be held over.
A-7 RICHARD CLARK
Richard Clark, Parking Meter Collector, City of Bayonne,
Department of Public Safety, removal effective July 22,
1994, on charges of official misconduct, failure to perform
duties, failure to follow regulations for proper collection
and disposition of parking meter coins, conduct unbecoming a
public employee and misuse of public property
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.
A-8 CARL CRUZ
Carl Cruz, Laborer, Lower Township, Department of Public
Works, indefinite suspension pending court proceedings, on
charges of inability to perform duties. Specifically, the
appointing authority asserted that the appellant's driving
privilege was revoked for two years, preventing him from
performing the duties of his position.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board modified the
recommendation of the Administrative Law Judge to
uphold the removal, but reversed the indefinite
suspension and awarded back pay for the period of
the indefinite suspension.
A-9 BILAL MUHAMMAD
Bilal Muhammad, Human Services Technician, Ancora
Psychiatric Hospital, Department of Human Services, removal
effective February 8, 1998, on charges of neglect of duty
which could result in danger to persons, sleeping while on
duty and falsification: intentional misstatement of
material fact in connection with employment.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.
A-10 TIMOTHY ROEHRICH
Timothy Roehrich, Code Enforcement Officer, Jackson Township
Police, removal effective January 27, 1998, on charges of
inability to perform duties, chronic or excessive
absenteeism and failure to submit a detailed medical report.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board modified the
recommendation of the Administrative Law Judge to
a resignation in good standing.
A-11 JOSEPH SPENCER
Joseph Spencer, Senior Correction Officer, Garden State
Reception and Youth Correctional Facility, Department of
Corrections, removal effective September 24, 1996, on
charges of use, possession or sale of any controlled
dangerous substance 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-12 ANNETTA ALLEN
Annetta Allen, Cottage Training Technician, New Lisbon
Developmental Center, Department of Human Services, removal
effective May 4, 1998, on charges of physical abuse of a
client. The Merit System Board at its meeting Of August 10,
1999, directed that this matter be held over for a testimony
summary.
Recommendation of the Administrative Law Judge - Reverse the
removal.
ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.
A-13 DUANE NELSON - SETTLEMENT
Initial removal effective September 10, 1997, on charges of
falsification: intentional misstatement of material fact in
connection with work, attendance, record, or report.
Settled to a six month suspension and reinstatement
effective March 11, 1998. The Merit System Board at its
meeting of August 10, 1999, directed that this matter be
held over for clarification.
Recommendation of the Administrative Law Judge - Acknowledge
the settlement.
ACTION: The Merit System Board acknowledged the
settlement.
SECTION B - MISCELLANEOUS MATTERS
B-1 SHAWN LASHLEY
Shawn Lashley appeals his rejection as a Juvenile Detention
Officer candidate by the County of Monmouth and its request
to remove his name from the eligible list for Juvenile
Detention 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 REGINALD ANYICHIE
Reginald Anyichie appeals his rejection as a Parole Officer
Recruit candidate by the Department of Corrections and its
request to remove his name from the eligible list for Parole
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 granted.
B-3 JASON ORTIZ
Jason Ortiz, represented by Ronald J. Ricci, Esq., appeals
his rejection as a Police Officer candidate by the City of
Newark and its request to remove his name from the eligible
list for Police Officer on the basis of medical unfitness to
perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal
be granted.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
B-4 TAWANA THOMAS
Tawana Thomas appeals her rejection as a Parole Officer
Recruit candidate by the Department of Corrections and its
request to remove her name from the eligible list for Parole
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 granted.
B-5 DOROTHY BEERS
Dorothy Beers, a Principal Audit Account Clerk with the
Department of Labor, represented by Lawrence E. Popp, Esq.,
appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-6 ROSEMARIE HUFNER
Rosemarie Hufner, an Employment and Training Specialist 1
with the Department of Labor, appeals the denial of sick
leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-7 GAIL TYLER
Gail Tyler, a former Senior Correction Officer at Edna
Mahan, Correctional Facility, Department of Corrections,
represented by Robert A. Fagella, Esq., appeals the denial
of sick leave injury (SLI) benefits. Appellant also
requests counsel fees.
ACTION: The Merit System Board granted the
request for sick leave injury but denied the
request for counsel fees.
B-8 CHRISTOPHER GIALANELLA, ET AL.
Christopher Gialanella, Edgardo Gonzalez, Juan Gonzalez,
Silas Smith, Edras Suero and Anthony Venancio, represented
by A.J. Fusco, Esq., petitions the Merit System Board for
interim relief in regard to their release at the end of the
working test period in the title of Police Officer, City of
Newark, effective July 23, 1999.
ACTION: The Merit System Board denied the request for
interim relief for appellants Edgardo Gonzales, Juan
Gonzalez, and Edras Suero but granted in part the request
for interim relief for appellants Christopher Gialanella,
Silas Smith and Anthony Venancio.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
B-9 COMPUTER OPERATOR (M6389O & M6679A), TOWN OF IRVINGTON
The appointing authority's failure to properly dispose of
the certification for Computer 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
appointees, make an appointment form the
certification, and pay compliance costs.
B-10 CUSTOMER SERVICE REPRESENTATIVE (M4428S), CITY OF NEWARK
The appointing authority's failure to properly dispose of
the certification for Customer Service Representative while
a provisional appointee is serving in the title has been
referred to the Merit System Board for enforcement.
ACTION: The Merit System Board directed that the
eligible list be revived, ordered the appointing
authority to remove the provisional appointee,
make and appointment from the certification and
pay compliance costs.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
B-11 RECREATION LEADER (SPECIAL REEMPLOYMENT LIST), CITY OF
NEWARK
The appointing authority's failure to properly dispose of
the certification for Recreation Leader 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 and appointment from the
certification and pay compliance costs.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
B-12 SENIOR PROGRAM MONITOR (M0741U & M6279O), CITY OF NEWARK
The appointing authority's failure to properly dispose of
the certification for Senior Program Monitor while a
provisional appointee is 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 and appointment from the
certification and pay compliance costs.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
B-13 CHARLES J. ROWAN, JR.
The Town of Kearney, represented by Kenneth P. Davie,
Assistant Town Attorney, appeals the reinstatement of
Charles J. Rowan, Jr., to the position of Fire Fighter,
pursuant to the determination of the Police and Fireman's
Retirement System (PFRS) that he is fit for duty.
ACTION: The Merit System Board directed that this appeal
be denied.
B-14 MARIO LALAMA
The appeal of Mario Lalama, a Fire Fighter with the City of
Paterson Department of Public Safety, of his removal
effective April 15, 1997 on charges was heard by
Administrative Law Judge Margaret M. Hayden (ALJ), who
rendered her initial decision on June 24, 1999. At its
meeting on August 10, 1999, the Merit System Board did not
adopt the recommendation of the ALJ to uphold the removal.
Rather, the Board concluded that the removal was not
justified, and vacated the penalty. The proposed final
decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)
B-15 DEBORAH BOOKACH
Deborah Bookach appeals the decision of the Division of
Selection Services which found that she did not meet the
eligibility requirements for the open competitive
examination for Affirmative Action Specialist (S0197O).
ACTION: The Merit System Board directed that this appeal
be denied.
B-16 LEWIS BROOKS
Lewis Brooks appeals the decision of the Division of
Selection Services which found that he did not meet the
requirements for the open competitive examination for
Investigator County Medical Examiner's Office (C6135O),
Gloucester County.
ACTION: The Merit System Board directed that this appeal
be granted.
B-17 MONICA M. FREDLUND
Monica M. Fredlund appeals the determination of the Division
of Selection services, which found that she did not meet the
experience requirement for the promotional examination for
Office Automation Specialist 2 (PS6998K), Division of Youth
and Family Services.
ACTION: The Merit System Board directed that this appeal
be granted.
B-18 LAURA E. KLINE
Laura E. Kline appeals the decision of the Division of
Selection Services, which found that she did not meet the
experience requirements for the promotional examination for
Assistant Personnel Officer (PM0162W), City of Bayonne.
ACTION: The Merit System Board directed that this appeal
be denied.
B-19 JUAN C. PUIG
Juan C. Puig 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 Community Organization Specialist (C0623W), Hudson
County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-20 MARIE A. TANE
Marie A. Tane appeals the decision of the former Supervisor,
Selection Appeals Unit which found that appellant did not
meet the announced requirement to submit a copy of a
transcript or list of acceptable courses for the open
competitive examination for Child Support Worker (C1456T),
Somerset County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-21 SUSAN WEBER
Susan Weber appeals the determination of the Division of
Selection Services which found that she did not meet the
education requirements for the promotional examination for
Supervising Planner (PS5697T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal
be granted.
B-22 MONTY APPLEWHITE
Monty Applewhite, represented by Vincenza Leonelli-Spina,
Esq., appeals his score on the examination for Fire Captain
(PM1187T), East Orange.
ACTION: The Merit System Board directed that this appeal
be denied.
B-23 STEPHEN BISSEL
Stephen Bissel appeals his score on the examination for Fire
Lieutenant (PM0945U), Bayonne.
ACTION: The Merit System Board directed that this appeal
be denied.
B-24 MARIE T. BONICA
Marie T. Bonica appeals the determination of the Division of
Selection services that she failed to achieve a passing
score on the promotional examination for Supervising Clerk
Typist (PS0140W), Monmouth County Prosecutor's Office.
ACTION: The Merit System Board directed that this appeal
be denied.
B-25 JOSEPH BOPP
Joseph Bopp appeals his score on the examination for Fire
Captain (PM1187T), East Orange.
ACTION: The Merit System Board directed that this appeal
be denied.
B-26 EUGENE BRENNAN
Eugene Brennan appeals his score on the examination for Fire
Lieutenant (PM0945U), Bayonne.
ACTION: The Merit System Board directed that this appeal
be denied.
B-27 CHRISTOPHER COLLOVA
Christopher Collova appeals his score on the examination for
Fire Lieutenant (PM1343U), Hackensack.
ACTION: The Merit System Board directed that this appeal
be denied.
B-28 KEVIN COTTER
Kevin Cotter appeals his score on the examination for Fire
Lieutenant (PM0945U), Bayonne.
ACTION: The Merit System Board directed that this appeal
be denied.
B-29 WILLIAM DEMONTREUX
William Demontreux appeals the score of the oral portion of
the examination for Fire Captain (PM1192T), Weehawken.
ACTION: The Merit System Board directed that this appeal
be denied.
B-30 ROBERT HERMAN
Robert Herman appeals his score on the examination for Fire
Captain (PM0942U), Linden.
ACTION: The Merit System Board directed that this appeal
be denied.
B-31 KENNETH HUFF
Kenneth Huff appeals his score on the examination for Fire
Captain (PM0944U), City of Orange.
ACTION:
B-32 ROBERT KLECZYNSKI
Robert Kleczynski appeals his score on the examination for
Fire Lieutenant (PM0945U), Bayonne.
ACTION The Merit System Board directed that this appeal
be denied.
B-33 JOSEPH LANNI
Joseph Lanni appeals his score on the examination for Fire
Captain (PM0939U), Bayonne.
ACTION: The Merit System Board directed that this appeal
be denied.
B-34 MICHAEL MAGUIRE
Michael Maguire appeals his score on the examination for
Fire Captain (PM0939U), Bayonne.
ACTION: The Merit System Board directed that this appeal
be denied.
B-35 ROBERT MCCLINTOCK
Robert McClintock appeals his score on the examination for
Fire Lieutenant (PM1343U), Hackensack.
ACTION: The Merit System Board directed that this appeal
be denied.
B-36 BRIAN MUEHE
Brian Muehe appeals his score on the examination for Fire
Lieutenant (PM0941U), Irvington.
ACTION: The Merit System Board directed that this appeal
be denied.
B-37 RAYMOND RIGGI
Raymond Riggi appeals his score on the examination for Fire
Captain (PM0942U), Linden.
ACTION: The Merit System Board directed that this appeal
be denied.
B-38 DOUGLAS SISK
Douglas Sisk appeals his score on the examination for Fire
Captain (PM0939U), Bayonne.
ACTION: The Merit System Board directed that this appeal
be denied.
B-39 DONALD STRUCK
Donald Struck appeals his score on the examination for Fire
Captain (PM0942U), Linden.
ACTION: The Merit System Board directed that this appeal
be denied.
B-40 WAYNE A. WEAVER
Wayne A. Weaver appeals his score on the promotional
examination for Purchasing Agent (M0567O), City of Vineland.
ACTION: The Merit System Board directed that this appeal
be denied.
B-41 NJAC4A:6-4.2 AND 4.5 (HRDI)
It is recommended that the reproposed amendments to N.J.A.C.
4A:6-4.2 and 4.5 (HRDI), be approved for publication in the
New Jersey Register.
ACTION: The Merit System Board directed that this matter
be held over.
B-42 ERIC FLAKE
The Superior Court, Appellate Division, has reversed the
counsel fee award made by the Merit System Board on January
13, 1998, to Eric Flake, a Truck Driver with New Lisbon
Developmental Center, Department of Human Services, and
remanded the matter to the Board for reconsideration.
ACTION: The Merit System Board granted the
request for additional counsel fees in the amount
of $494.00.
B-43 BRUCE LONG
The Superior Court, Appellate Division, has remanded for
reconsideration the decision of the Merit System Board
rendered on July 7, 1998, awarding counsel fees to Bruce
Long, Business Manager II, New Lisbon Developmental Center,
Department of Human Services.
ACTION: The Merit System Board granted the
request for additional counsel fees in the amount
of $2,130.00.
B-44 MAHALA WELCH
The Superior Court, Appellate Division, has remanded for
reconsideration the decision of the Merit System Board
rendered on October 14, 1998, awarding counsel fees to
Mahala Welch, an Institutional Attendant, Preakness
Hospital, Passaic County.
ACTION: The Merit System Board granted the request for
additional counsel fees in the amount of $2,145.00.
B-45 EARLY SETTLEMENTS
Eric L. Cook
Department of Law and Public Safety
New Jersey Training School for Boys
(4) Removals
Dolores Daddio
Department of Banking and Insurance
Removal
Lillian Dawkins
Vineland Developmental Center
Department of Human Services
Release at the end of the working test period
Lisa Taylor
Vineland Developmental Center
Department of Human Services
10 day suspension
Clara Thraen
Woodbine Developmental Center
Department of Human Services
20 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, October
13, 1999, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
__________________________________
JANICE MITCHELL MINTZ
CHAIRWOMAN
MERIT SYSTEM BOARD
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