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Meeting Minutes of February 8, 2000
Janice Mitchell Mintz, Chairwoman
Alan Dexter Bowman
Margaret E. L. Howard
Judith L. Shaw
Leo R. Vartan
A regular meeting of the Merit System Board was held on
Tuesday, February 8, 2000, in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz; Merit System Board
Members, Alan Dexter Bowman, Margaret E.L. Howard, Judith L.
Shaw, and Leo R. Vartan; Andrea Grundfest, Deputy Attorney
General; Henry Maurer, Director, 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 8, 1999 and posted at the Department of
Personnel, 3 Station Plaza, Trenton, New Jersey.
All other actions were by unanimous vote unless otherwise
specified.
STATE CLASSIFICATION PLAN
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: January 10, 2000
TO: Janice Mitchell Mintz, Commissioner
Henry S. Maurer, Director
Merit System Practices and labor Relations
FROM: Marjorie A. Schwartz, Director
Human Resources Management
SUBJECT: Change in the State Compensation Plan
DEPARTMENT OF CORRECTIONS
The Department of Corrections has requested establishment of the
following title in order to properly classify a position in the
Construction and Management Unit of the Division of Operations.
A review of the current duties and responsibilities of this
position revealed that this position is best classified by the
Construction Management Specialist 2, but not by the current 40
hour work week version. Since this position works in an
environment which is almost entirely NL, we think that for
reasons of economy and good classification creation of a NL
version of this job classification is warranted.
I recommend approval of this action.
ADDITION OF WORKWEEK
Effective 6/19/99
Construction Management Specialist
M28- C Workweek: NL
CONFIDENTIAL APPOINTMENT
The Merit System Board recorded the following Confidential
Appointment under N.J.S.A. 11A:3-4(h):
Angela LaSalle appointed as Confidential Secretary, Department of
the Treasury, effective January 3, 2000, salary of $57,000.00 per
annum.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing
calendar:
Cynthia Bodden, Cottage Training Technician, Department of Human
Services, Woodbine Developmental Center, suspension.
Harrison Hogue, Security Guard, State Operated School District of
the City of Newark, suspension.
Charles E. Jones, Senior Correction Officer, Department of
Corrections, New Jersey State Prison, suspension.
Heraclio Rivera, Building Maintenance Worker, Department of Human
Services, Vineland Developmental Center, removal.
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:
Norman Alston, Police Officer, City of Camden, removal.
Jan Applebaum, Graphic Artist II, The College of New Jersey,
layoff.
James Capers, Maintenance Worker II, Department of
Transportation, removal.
John J. Galya, Laborer, County of Middlesex, removal.
William Pigford, Custodial Worker, State Operated School District
of the City of Jersey City, removal.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Lawrence Branco
Gloucester County, Department of Public Works
Removal
In the Matter of Lawrence Colen
County of Essex
Removal
In the Matter of Jacqueline Coley
City of Plainfield
Suspension
In the Matter of Lonnie Day
North Jersey Development Center
Department of Human Services
Removal
In the Matter of Kevin Hanley
Jersey City
Removal
In the Matter of Jennifer D. Towler
County of Monmouth, Department of Human Services
Resignation Not in Good Standing
In the Matter of Anthony Woods
Department of Treasury
Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE
CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the
settlements with the exception of Lawrence Colen,
Kevin Hanley, and Jennifer D. Towler.
A-2 MARIE J. BRUNOT
Marie J. Brunot, Nurse's Aide, Health Care Facilities,
County of Monmouth, suspension for 30 days, on charges of
refusal to work assigned scheduled overtime, leaving
facility unauthorized during work shift and insubordination.
Recommendation of the Administrative Law Judge - Modify the
30 day suspension to a 20 day suspension.
ACTION: The Merit System Board modified the recommendation
of the Administrative Law Judge to uphold the 30
day suspension.
A-3 JOHN HUNT
John Hunt, Business Manager, Fire Department (District #1),
Woodbridge Township, layoff effective May 20, 1996, for
reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Uphold the
layoff.
ACTION: The Merit System Board directed that this matter
be held over.
A-4 KENNETH LITTLE
Kenneth Little, Senior Correction Officer, East Jersey State
Prison, Department of Corrections, suspension for 15 days on
charges of insubordination and conduct unbecoming a public
employee and three (3) removals on charges of chronic or
excessive absenteeism or lateness.
Recommendation of the Administrative Law Judge - Acknowledge
respondents withdrawal of charges and reinstatement of
appellant to position of Senior Correction Officer.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-5 LOUIS PITT
Louis Pitt, Senior Correction Officer, Mountainview Youth
Correctional Facility, Department of Corrections, (2)
suspensions of ten days each on (1) June 19, 1998 and (2)
August 4, 1998, on charges of (1) neglect of duty and (2)
being in violation of a rule, regulation, policy, procedure,
order or administrative decision.
Recommendation of the Administrative Law Judge - Uphold the
two ten day suspensions.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-6 ANITA ROBINSON
Anita Robinson, Senior Correction Officer, Central Reception
Assignment Facility, Department of Corrections, suspension
for 30 days, on charges of sleeping while on duty.
Recommendation of the Administrative Law Judge - Uphold the
suspension.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-7 WAYNE MARK SMITH
Wayne Mark Smith, Police Sergeant, Millville Police
Department, suspension for 15 days, on charges of being in
violation of the rules and regulations and municipal
ordinances of the Millville Police Department.
Recommendation of the Administrative Law Judge - Modify the
15-day suspension to a ten-day suspension.
ACTION: The Merit System Board remanded the matter to the
Office of Administrative Law.
A-8 SYLVESTER SWANSON
Sylvester Swanson, Principal Research Analyst (Code
Development), Department of Community Affairs,
discrimination on the basis of race.
Recommendation of the Administrative Law Judge - Dismiss the
appeal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-9 SANDRA BLACK
Sandra Black, Human Services Assistant, Greystone Park
Psychiatric Hospital, removal effective February 10, 1998,
on charges of sleeping on duty.
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-10 GLYNDELL CURRY
Glyndell Curry, Residential Living Specialist, Vineland
Developmental Center, Department of Human Services, removal
effective June 30, 1997, on a charge which states "serious
mistake due to carelessness which would result in danger
and/or injury to persons or property."
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-11 KIM DAVIS
Kim Davis, Human Services Technician, Military and Veterans'
Affairs, Veterans' Memorial Home at Paramus, removal
effective November 6, 1998, on charges of neglect of duty
which could result in danger to persons and insubordination;
refusal to accept a reasonable order and use of abusive
language to a supervisor.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board directed that this matter
be held over.
A-12 JEFFREY DESIMONE
Jeffrey DeSimone, Police Officer, Township of Brick, removal
effective October 22, 1998, on charges of incompetency,
inefficiency or failure to perform duties, inability to
perform duties, conduct unbecoming a public employee and
neglect of duty.
Recommendation of the Administrative Law Judge - Modify the
removal to a six month suspension.
ACTION: The Merit System Board directed that this matter
be held over.
A-13 TOMMIE FARRIOR
Tommie Farrior, County Correction Sergeant, Burlington
County, County Jail, removal effective February 5, 1999, on
charges of inefficiency, incompetency, failure to perform
duties, conduct unbecoming a public employee, and neglect of
duty.
Recommendation of the Administrative Law Judge - Modify the
removal to a 30 day suspension.
ACTION: The Merit System Board remanded the matter to the
Office of Administrative Law.
A-14 ROBERT JOHNSON
Robert Johnson, Senior Correction Officer, Adult Diagnostic
and Treatment Center, Department of Corrections, removal
(TBD), on charges of insubordination, intentional
disobedience or refusal to accept an order and assaulting or
resisting authority, disrespect or use of insulting or
abusive language to a supervisor.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board modified the recommendation
of the Administrative Law Judge to a six-month
suspension.
A-15 WILEY WHALEY
Wiley Whaley, Senior Medical Security Officer, New Jersey
Department of Human Services, removal effective June 3,
1998, on charges of being absent from work as scheduled
without permission and without giving proper notice of
intended absence.
Recommendation of the Administrative Law Judge - Appellant
is not entitled to a hearing before the OAL and petition for
hearing is dismissed.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-16 WILLIAM FRANKO
William Franko, Classification Officer 3, Garden State Youth
Correctional Facility, Department of Corrections, suspension
for 15 days, on charges of neglect of duty, loafing,
idleness or willful failure to devote attention to tasks
which could result in danger to persons or property. The
Merit System Board at its meeting of November 23, 1999,
directed that this matter be held over for a testimony
summary.
Recommendation of the Administrative Law Judge - Uphold the
suspension.
ACTION: The Merit System Board modified the recommendation
of the Administrative Law Judge to a five-day
suspension.
A-17 JOSEPH WOLINSKI
Joseph Wolinski, Hospital Attendant, Department of Health
and Rehabilitation, County of Essex, removal effective March
31, 1998, on charges of incompetency, inefficiency,
inability to perform duties, conduct unbecoming a public
employee, neglect of duty and violation of a stipulation of
settlement. The Merit System Board at its meeting of
February 1, 2000, directed that this matter be held over for
further review.
Recommendation of the Administrative Law Judge - Modify the
removal to six concurrent six-month suspensions.
ACTION: The Merit System Board directed that this matter
be held over.
SECTION B - MISCELLANEOUS MATTERS
B-1 SALVATORE CARAVELLA
Salvatore Caravella, represented by William J. De Marco,
Esq., appeals his rejection as a Police Officer candidate by
the City of Paterson and its request to remove his name from
the subject eligible list 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 DANIEL FEIN
Daniel Fein appeals his rejection as a Police Officer
candidate by the Borough of Fort Lee 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-3 RALPH FERRARA
Ralph Ferrara appeals his rejection as a Sheriff's Officer
candidate by the County of Essex and its request to remove
his name from the subject eligible list 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 TIMOTHY F. FLORIO
Timothy F. Florio appeals his rejection as a Police Officer
by the City of Paterson 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-5 RICHARD QUINN
Richard Quinn, represented by Stacey B. Rosenberg, Esq.,
appeals his rejection as a Fire Fighter candidate by the
City of Bayonne and its request to remove his name from the
subject eligible list 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-6 AGUEDA BERMUDEZ
Agueda Bermudez, a Records Technician 2, 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-7 MARIA CARBONE-SONA
Maria Carbone-Sona, a Head Clerk 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-8 JOHN MAZE
John Maze, a Senior Correction Officer with 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 granted.
B-9 STEPHEN MCWHERTER
Stephen McWherter, a Correction Sergeant with East Jersey
State Prison, Department of Corrections, represented by
Scott Schneider, Esq., appeals the denial of sick leave
injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be granted.
B-10 DIANE RAPPA-BLACKER
Diane Rappa-Blacker, a Family Service Specialist 2 with the
Division of Youth and Family Services, Department of Human
Services, appeals the denial of sick leave injury (SLI)
benefits.
ACTION: The Merit System Board directed that this matter
be held over.
B-11 WALTER SOWUL
Walter Sowul, an Information Systems Technician 2 with the
Administrative Office of the Courts, appeals the denial of
sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-12 CHANDRAVADAN B. SHAH
Chandravadan B. Shah appeals the request of the Union County
appointing authority to remove his name from the Income
Maintenance Worker (C0538O) 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-13 JOHN ANSTISS
The City of Newark, represented by Salvador P. Simao,
Assistant Corporation Counsel, appeals the decision of Human
Resource Information Services which denied its request to
remove the name of John Anstiss from the eligible list for
Construction Official (M6287O), City of Newark.
ACTION: The Merit System Board directed that this appeal
be denied.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)
B-14 JOSEPH P. MONTELEONE
Joseph P. Monteleone, represented by Frederick M. Di Maria,
Esq., appeals the decision of the Manager, Public Safety
Testing, which found that the appointing authority had
presented a sufficient basis to remove his name from the
open competitive list for Fire Fighter (M3092X), City of
Hackensack on the basis that he failed to meet its residency
requirement.
ACTION: The Merit System Board granted a hearing.
B-15 JOINT ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST - CITY
OF ORANGE FIRE OFFICERS, LOCAL 210 V. TOWNSHIP OF ORANGE
Administrative Law Judge (ALJ) Ken R. Springer issued an
order of consolidation of the Merit System Board and Public
Employment Relations Commission matters. Based on this
determination, the Merit System Board and the Public
Employment Relations Commission developed a joint order
affirming the ALJ's order. This joint order is now
submitted to the Board for consideration and approval.
ACTION: The Merit System Board adopted the joint order of
consolidation.
B-16 NEAL HANSEN
Neal Hansen, represented by Larry S. Loigman, Esq., requests
reconsideration of the final administrative decision, In the
Matter of Robert Morrell (MSB, decided September 16, 1997),
to entertain Mr. Hansen's request for an award of counsel
fees.
ACTION: The Merit System Board denied the request for
reconsideration.
B-17 WILLIE LOZADA
Hudson County, represented by John A. Smith III, Assistant
County Counsel, petitions the Merit System Board for
reconsideration of the final decision rendered on October
13, 1999, which granted Willie Lozada back pay from the date
of his improper removal, October 20, 1993, to the date of
his actual reinstatement, September 21, 1998, as well as
seniority and benefits.
ACTION: The Merit System Board denied the request for
reconsideration.
B-18 LINDA SKOTAREK
Linda Skotarek, a Head Cottage Training Supervisor at
Woodbine Developmental Center, Department of Human Services,
represented by Colin M. Page, Esq., petitions the Merit
System Board for reconsideration of the final administrative
decision rendered September 29, 1998, which found that
Skotarek's 30-day suspension was justified.
ACTION: The Merit System Board denied the request for
reconsideration.
B-19 ANDRES VIVES RIVERA
Andres Vives Rivera, a Residential Services Worker at
Woodbine Developmental Center, Department of Human Services,
petitions the Merit System Board for reconsideration of the
final administrative decision, rendered September 21, 1999,
which found that Rivera was forever barred from public
employment.
ACTION: The Merit System Board denied the request for
reconsideration.
B-20 WORD PROCESSING OPERATOR (M7329W), CITY OF NEWARK
The City of Newark, requests reconsideration of that part of
the decision rendered on September 21, 1999 by the Merit
System Board ordering the appointing authority to pay
compliance processing costs in the amount of $250.
ACTION: The Merit System Board denied the request for
reconsideration.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)
B-21 RICHARD PULTAR
Richard Pultar, a former Fire Protection Inspector with
Middletown Township, appeals the decision of Human Resource
Management which found that appellant was appointed as a
provisional part-time Fire Protection Inspector on January
1, 1995. Appellant also appeals the amount of compensation
paid to him upon his termination effective September 26,
1996.
ACTION: The Merit System Board directed that this appeal
be denied.
B-22 JAMES D. ZOLLITSCH
James D. Zollitsch, a Chief Ranger 2, Department of
Environmental Protection, represented by Joanne M. Christos,
New Jersey Law Enforcement Supervisors Association,
petitions the Merit System Board for a stay of his three-day
suspension and $3,626.50 fine.
ACTION: The Merit System Board directed that this appeal
be denied.
B-23 RICHARD MIZERAK
Richard Mizerak, a permanent part-time Laborer with the City
of Bordentown (Bordentown), represented by James Logan, Jr.,
Esq., asks the Merit System Board to reverse Bordentown's
decision to reduce his number of days worked from three to
two.
ACTION: The Merit System Board denied the request.
B-24 WAYNE ANDERSON
The appeal of Wayne Anderson, a Security Officer at New
Jersey City University, of his removal effective June 11,
1998 on charges, was heard by Administrative Law Judge Irene
Jones, who rendered her initial decision on December 2, 1999
upholding the removal. At its meeting of January 11, 2000,
the Board did not adopt the ALJ's recommendation. Rather,
the Board ordered that the appellant be suspended for 90
days. The proposed final decision is now submitted for the
Board's review.
ACTION: The Merit System Board adopted the final decision.
B-25 CECIL COLEMAN
The appeal of Cecil Coleman, County Correction Officer,
Sheriff's Office, Monmouth County, concerning his suspension
for 30 days beginning November 9, 1998 on charges, was heard
by Administrative Law Judge Jeff S. Masin (ALJ), who
rendered his initial decision on December 2, 1999. At its
meeting on January 11, 2000, the Board accepted the ALJ's
recommendation to uphold the 30-day suspension. The proposed
final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-26 FRANK E. FARRELL
The appeal of Frank E. Farrell, Assistant Deputy Public
Defender 3, Office of the Public Defender, of the denial of
sick leave injury (SLI) benefits, was heard by
Administrative Law Judge Walter F. Sullivan (ALJ), who
rendered his initial decision on September 30, 1999. At its
meeting on January 11, 2000, the Merit System Board (Board)
adopted the ALJ's recommendation that SLI benefits be
awarded for appellant's absences from July 11 to July 18,
1994. The Board did not adopt the ALJ's recommendation to
deny SLI benefits for appellant's half day absences from
July 19 until September 12, 1994, except for the weeks of
August 8, 1994 and September 5, 1994. Rather, the Board
found it appropriate to award SLI benefits for this period.
The proposed final decision is now submitted for the Board's
review.
ACTION: The Merit System Board adopted the final decision.
B-27 IBRAHIM GIEGBEFUMWEN
The appeal of Ibrahim Giegbefumwen, a Human Services
Assistant at Greystone Park Psychiatric Hospital, Department
of Human Services, of his removal effective January 13,
1999, on charges was heard by Administrative Law Judge
Thomas R. Vena, who rendered his initial decision on
December 8, 1999 upholding the removal. At its meeting on
January 11, 2000, the Merit System Board (Board) affirmed
the ALJ's recommendation. The proposed final decision is
now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-28 MICHAEL GORMAN
The appeal of Michael Gorman, Senior Correction Officer, New
Jersey State Prison, Department of Corrections, of his 10-
day suspension beginning January 26, 1998 on charges, was
heard by Administrative Law Judge Robert S. Miller (ALJ),
who rendered his initial decision on September 14, 1999
dismissing the charges. At its meeting on January 11, 2000,
the Board affirmed the ALJ's recommendation. The proposed
final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-29 NAGUIB HANNA
The appeal of Naguib S. Hanna concerning the Department of
Environmental Protection's request to remove his name from
the eligible list for Assistant Environmental Engineer
(S6038O), on the basis of insufficient English language
ability to perform the duties of the job, was heard by
Administrative Law Judge Joseph Lavery (ALJ), who rendered
his initial decision on October 25, 1999. At its meeting on
January 11, 2000, the Merit System Board did not accept the
ALJ's recommendation to have the Department of Personnel
conduct an examination of appellant's language proficiency.
Rather, the Board ordered that this matter be remanded to
the Office of Administrative Law. The proposed decision is
now submitted for the Board's review.
ACTION: The Merit System Board adopted the decision.
B-30 GEORGE JOHNSON
The appeal of George Johnson, a Human Services Assistant
with Ancora Psychiatric Hospital, Department of Human
Services, regarding his removal effective October 4, 1996 on
charges, was heard by Administrative Law Judge (ALJ) Joseph
Lavery, who rendered his initial decision on July 6, 1999,
upholding the removal. At its meeting on January 11, 2000,
the Board ordered that the matter be remanded to the Office
of Administrative Law. The proposed decision is now
submitted for the Board's review.
ACTION: The Merit System Board adopted the decision.
B-31 GLORIA KILTZ
The appeal of Gloria Klitz, a Cottage Training Technician
with New Lisbon Developmental Center, Department of Human
Services, regarding her 10-day suspension on charges, was
heard by Administrative Law Judge Solomon A. Metzger (ALJ),
who rendered his initial decision on October 27, 1999
reversing the 10-day suspension. At its meeting on January
11, 2000, the Board modified the penalty to a three-day
suspension. The proposed final decision is now submitted
for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-32 SANTIAGO MARTINEZ
The appeal of Santiago Martinez, a Maintenance Repairer (Low
Pressure License), Perth Amboy Housing Authority, concerning
his suspension for 15 days beginning July 28, 1998 and
suspension for five days beginning June 1, 1998, both on
charges, was heard by Administrative Law Judge Anthony T.
Bruno (ALJ), who rendered his initial decision on November
15, 1999. At its meeting on January 11, 2000, the Merit
System Board accepted and adopted the Findings of Fact and
Conclusions as contained in the attached ALJ's initial
decision regarding the 15-day suspension as applied to the
charges related to the July 15, 1998 incident only and the
ALJ's recommendation to uphold that penalty. However, the
Board did not accept the ALJ's Findings of Fact and
Conclusions as related to any alleged incident occurring on
July 14, 1998. Additionally the Board did not accept the
ALJ's recommendation to reduce the five-day suspension to an
official reprimand. Rather, the Board concluded that since
it has no jurisdiction over the five-day suspension as a
minor disciplinary matter, it must stand. The proposed
final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-33 JOSEPH MIKUCKI
The appeal of Joseph Mikucki, Principal Data Processing
Programmer, Sheriff's Office, Monmouth County, 60-day
suspension on charges, was heard by Administrative Law Judge
Walter F. Sullivan (ALJ), who rendered his initial decision
on November 19, 1999. At its meeting on January 11, 2000,
the Merit System Board did not accept the recommendation of
the ALJ to modify the 60-day suspension to a six-month
suspension. Rather, the Board concluded that the County's
imposition of a 60-day suspension was warranted. The
proposed final decision is now submitted for the Board's
review.
ACTION: The Merit System Board adopted the final decision.
B-34 DON L. WILLIAMS
The appeal of Don L. Williams, a Senior Clerk with the
Division of Revenue, Department of the Treasury, of his
resignation not in good standing and removal on charges,
both effective May 8, 1998, was heard by Administrative Law
Judge M. Kathleen Duncan (ALJ), who rendered her initial
decision on October 8, 1999. At its meeting on January 11,
2000, the Merit System Board did not accept her
recommendation to uphold the resignation not in good
standing and the removal. Rather, the Board concluded that
the resignation not in good standing should be reversed and
the removal should be modified to a resignation in good
standing. The proposed final decision is now submitted for
the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-35 KEVIN WILSON
The appeal of Kevin Wilson, a Senior Correction Officer with
the Department of Corrections, removal effective January 12,
1998 on charges, was heard by Administrative Law Judge
Solomon A. Metzger (ALJ), who rendered his initial decision
on September 14, 1999 modifying the removal of a 120-day
suspension. At its meeting on January 11, 2000, the Merit
System Board (Board) affirmed the ALJ's recommendation. The
proposed final decision is now submitted for the Board's
review.
ACTION: The Merit System Board adopted the final decision.
B-36 PAUL TAMBURELLI
The Superior Court, Appellate Division, has reversed the
final decision of the Merit System Board, In the Matter of
Paul Tamburelli, rendered September 29, 1998, and remanded
the matter for an order upholding Hudson County's removal of
Mr. Tamburelli from his position as County Police
Lieutenant, and rescinding its prior awards of back pay and
counsel fees and inclusion of Mr. Tamburelli's name on the
Special Statewide Law Enforcement Listing and other special
reemployment lists.
ACTION: The Merit System Board upheld the removal.
B-37 DAVID W. BOWLBY AND RICHARD DEMARCO
David W. Bowlby and Richard DeMarco appeal the
determinations of the Division of Selection Services which
found that they were not permanent in a title to which the
promotional examination for Regional Maintenance Supervisor,
Transportation (PS6018T) was open.
ACTION: The Merit System Board directed that this appeal
be denied.
B-38 DAVID BOYD
David Boyd appeals the determination of the Division of
Selection Services which found that he did not meet the
eligibility requirements for the Program Development
Specialist (Aging) (C6553W), Essex County open competitive
examination.
ACTION: The Merit System Board directed that this appeal
be granted.
B-39 JENNIFER DOCHNAL
Jennifer Dochnal 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 Superintendent Parks and Forestry 4 (S0347W), Department
of Environmental Protection.
ACTION: The Merit System Board directed that this appeal
be denied.
B-40 LAURA B. FREYTES
Laura B. Freytes 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 Program Analyst (M6582W), City of Paterson.
ACTION: The Merit System Board directed that this appeal
be granted.
B-41 WARREN GASKILL
Warren Gaskill appeals the determination of the Division of
Selection Services which found that he did not meet the
educational requirements for the open competitive
examination for Agricultural Resource Specialist 3 (C6568A),
Burlington County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-42 MONA GIRGIS
Mona Girgis appeals the determination of the Division of
Selection Services, which found that the appellant did not
meet the experience requirements for the open competitive
examination for Assistant Budget Officer (C0513O), Hudson
County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-43 DANIEL MCKEE
Daniel McKee appeals the decision of the Division of
Selection Services which found that he did not possess one
year of experience in a title to which the examination was
open for the promotional examination for Deputy Police Chief
(PM3637V), Trenton.
ACTION: The Merit system Board directed that this appeal
be denied.
B-44 EPHRAIM MORRISON
Ephraim Morrison 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 Infection Control Coordinator (C0729W), Union County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-45 JAMES R. PRIMUS
James R. Primus appeals the determination of the Division of
Human Resource Management which found that he was ineligible
for the promotional examination for Police Records Clerk
(PC3504V), Passaic County Sheriff's Department.
ACTION: The Merit System Board directed that this appeal
be denied.
B-46 SUSAN M. RUCKMAN
Susan M. Ruckman appeals the determination of the Division
of Selection Services, which found that she did not meet the
experience requirements for the promotional examination for
Human Services Coordinator (PC0850A), Mercer County Board of
Social Services.
ACTION: The Merit System Board directed that this appeal
be granted.
B-47 KATHERINE T. SHIVELY
Katherine T. Shively appeals the determination of the
Division of Selection Services, which found that she did not
meet the experience requirements for the promotional
examination for Assistant Personnel Officer (PM0344A), City
of Ocean City.
ACTION: The Merit System Board directed that this appeal
be granted.
B-48 GLENN E. DIETRICH
Glenn E. Dietrich appeals the determination of the Division
of Selection Services concerning his score and ranking on
the promotional list for Road Repairer (PC4250V), Camden
County
ACTION: The Merit System Board directed that this appeal
be denied.
B-49 JOHN MATARESE
John Matarese appeals his score on the Police Sergeant
(PM0974W), West Milford promotional examination.
ACTION: The Merit System Board directed that this appeal
be denied.
B-50 DONNA LEP
Donna Lep appeals the determination of the Division of
Selection Services, which found that she did not meet the
residency requirements for the open competitive examination
for Motor Vehicle Operator, Elderly and Handicapped Persons
(C6496W), Middlesex County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-51 SARAH G. BARRETT
The Director, Division of Human Resource Management, on
behalf of the Department of Environmental Protection,
requests that Sara G. Barrett's out-of-title work be
accepted for the promotional examination for Management and
Operations Analyst 3 (PS9238G).
ACTION: The Merit System Board directed that this appeal
be granted.
B-52 DAVID DELANEY
David Delaney petitions the Merit System Board for
reconsideration of the decision rendered on July 19, 1999
which denied his appeal regarding his score on the
promotional examination for Fire Captain (PM3621V), Rahway.
ACTION: The Merit System Board denied the request for
reconsideration.
B-53 RICHARD DELANEY
Richard Delaney requests reconsideration of the Merit System
Board's decision rendered on December 22, 1998 in which
appellant's challenge of his disqualification from the
Project Manager, Transportation (PS3550T) examination which
was denied.
ACTION: The Merit System Board denied the request for
reconsideration.
B-54 FRANK MAXWELL
D. Craig Stevens, Director, Division of Human Resources,
Department of Environmental Protection, requests
reconsideration of a decision rendered by the Merit System
Board on August 31, 1999 transferring the performance
evaluation appeal of Frank Maxwell, Engineering Technician
5, to the Office of Administrative Law for a de novo
hearing.
ACTION: The Merit System Board denied the request for
reconsideration.
B-55 WILFORD SMITH
The appeal of Wilford Smith, Director of Custody Operations
with New Jersey State Prison, Department of Corrections, of
his 45-day suspension on charges was heard by Administrative
Law Judge Anthony T. Bruno (ALJ), who rendered his initial
decision on September 29, 1999. At its meeting on November
23, 1999, the Merit System Board did not accept the ALJ's
recommendation to uphold the 45-day suspension. Rather, the
Board concluded that a suspension of 15 days was warranted.
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)
Leo Vartan (Yes)
B-56 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of February
1, 2000, are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its
meeting of February 1, 2000
VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)
B-57 EARLY SETTLEMENTS
Christina Aiken
Department of Treasury
Division of Revenue
Removal
Stanley DeVore
Department of Military and Veterans Affairs
20-day suspension
Dorine Dixon
City of Trenton
Layoff
George Lieber
City of Trenton
15-day suspension
Frederick J. Nuttall, Jr.
New Jersey Training School for Boys
Jamesburg - Juvenile Justice Commission
10-day suspension
Larry Tarver
City of Trenton
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 Wednesday,
February 23, 2000, at 10:00 a.m., at 3 Station Plaza, Trenton,
New Jersey.
__________________________________
JANICE MITCHELL MINTZ
CHAIRWOMAN
MERIT SYSTEM BOARD |
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© State of New Jersey
Civil Service Commission |
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