Lewis A. Scheindlin, Acting Chairman 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, June 6, 2000, in Trenton, New Jersey.
PRESENT: Acting Chairman Lewis A. Scheindlin, Merit System Board Members, Alen Dexter Bowman, Margaret E. L. Howard, Judith L. Shaw and Leo Vartan; Elizabeth Laufer, Deputy Attorney General; Henry Maurer, Director, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, Acting Chairman Lewis A. Scheindlin, 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
The Merit System Board recorded the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof.
Date: April 24, 2000
To: Janice Mitchell Mintz, Commissioner Department of Personnel
Henry S. Maurer, Director Merit System Practices and Labor Relations
From: Marjorie A. Schwartz, Director Division of Human Resource Management
Subject: Change in the State Classification Plan - Additional Work Year
William Paterson University
William Paterson University is requesting a newly created title of Secretarial Assistant 3 (Non-Stenographic 10 months). Currently this title exists for 12 month positions. The University would like to have both 10 and 12 month titles. Several of the operating divisions only work on a ten-month schedule (closed July and August), and the University would like not to incur labor costs when the employees' services are not needed.
I recommend approval of this request.
Addition of Work Year Effective: 03/28/00
Secretarial Assistant 3 (Non-Stenographic) A12 Competitive Class Code 16 Work Week/Year 35/10
CONFIDENTIAL APPOINTMENT
The Merit System Board recorded the following Confidential Appointment under N.J.S.A. 11A:3-4(h):
Marisol Rodriquez appointed as Confidential Secretary, Department of Health and Senior Services, effective March 25, 2000, salary of $27,000.00 per annum.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Kent Anderson, Police Officer, City of Newark, indefinite suspension.
Elmo Ruiz, Police Officer, City of Newark, 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:
Elijah P. Mack, Storekeeper II, Department of Corrections, Northern State Prison, suspension.
Anna Roane, Human Services Assistant, Department of Human Services, Ancora Psychiatric Hospital, removal.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Audwin Belin Greystone Park Psychiatric Hospital Department of Human Services Suspensions
In the Matter of Scott DeGisi Township of Berkeley Termination
In the Matter of Harry Hertz Department of Transportation Suspension
In the Matter of Richard Huley Bayside State Prison Department of Corrections Removal
In the Matter of Dennis McFadden, et al. Borough of Carteret Layoffs/demotions
In the Matter of Roy Moore Department of Parks and Recreation Township of Middletown Removal
In the Matter of Mark Odom City of Newark - Police Department Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements with the exception of Scott DeGisi.
A-2 JOHNNIE BANKS
Johnnie Banks, Police Officer, Newark Police Department, suspension for 30 days, on charges of chronic or excessive absenteeism or lateness and chronic inefficiency or incompetency.
Recommendation of the Administrative Law Judge - Reverse the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
A-3 MICHAEL BOYETTE
Michael Boyette, Correction Officer, County of Monmouth, suspension for 20 days, on charges of inappropriate, threatening and unnecessary physical and verbal intimidation, creating a hostile and disruptive environment, disrespect and discourtesy, insubordination, conduct unbecoming a County Correction Officer and any failure of good behavior which reflects discredit upon the employee, Department of Corrections, County of Monmouth Sheriff's Office or the County of Monmouth.
Recommendation of the Administrative Law Judge - Reverse the suspension.
ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.
A-4 CHARLES GLOVER
Charles Glover, Institutional Attendant, County of Monmouth, Medical Homes, suspension for 25 « days, on charges of mental abuse of a resident.
Recommendation of the Administrative Law Judge - Reverse the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-5 LEONA THOMPSON
Leona Thompson, Clerk Typist, Essex County Department of Citizen Services, Division of Welfare, suspension for ten days, on charges of conduct unbecoming a public employee and insubordination.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-6 TYRONE WALKE
Tyrone Walke, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, (1) suspension for 10 days and (2) removal effective February 8, 1999, on charges of (1) sleeping on duty and (2) verbal abuse of a patient, insubordination, resisting authority, disrespect, use of insulting and 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 uphold the removal and the 10-day suspension.
A-7 LEN D. BAUM
Len D. Baum, Youth Worker Supervisor, Mercer County Youth Detention Center (YDC), removal effective August 14, 1997, on charges of conduct unbecoming a County employee, inappropriate behavior, and neglect of duty.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-8 JOHN ERIC COUCH
John Eric Couch, Senior Investigator, Office of the Public Defender, removal effective July 1, 1999, on charges of incompetency, inefficiency or failure to perform, insubordination, inability to perform duties and chronic or excessive absenteeism or lateness.
Recommendation of the Administrative Law Judge - Modify the removal to a 90-day suspension.
ACTION: The Merit System Board directed that this matter be held over
VOTE: Lewis A. Scheindling (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Abstained) Judith L. Shaw (Yes) Leo Vartan (Yes)
A-9 SAMUEL GASPERO
Samuel Gaspero, Building Maintenance Worker, City of North Wildwood, removal effective July 8, 1999, on charges of inability to perform duties.
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-10 VALERIE GILLISON
Valerie Gillison, Parking Violations Officer (PVO), Township of Millburn Police Department, removal effective February 1, 1999, on charges of personnel regulations regarding sickness and injury leave.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-11 CHRISTOPHER GRANT
Christopher Grant, Administrative Assistant, Department of Engineering, City of Newark, removal effective October 16, 1998, on charges of failure to comply with the City of Newark's Residency Ordinance for employees of the City of Newark.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
A-12 KATHRYN KRAKOW
Kathryn Krakow, Institutional Coordinator, Woodbine Developmental Center, Department of Human Services, release at the end of the working test period, due to unsatisfactory services. The Merit System Board at its meeting of May 23, 2000, directed that this matter be held over.
Recommendation of the Administrative Law Judge - Enter the Summary Decision on behalf of the respondent and dismiss the appeal.
ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.
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-13 Katherine Bergmann and B-53 Michael Muench. The Board subsequently reconvened the public meeting.
A-13 KATHERINE BERGMANN
Katherine Bergmann, Unclassified Secretary, Warren County Prosecutor's Office, removal effective July 24, 1995. The appellant alleges termination of employment was based on reprisal.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board directed that this matter be held over.
SECTION B - MISCELLANEOUS MATTERS
B-1 WILLIAM P. BOCK, JR.
William P. Bock, Jr., appeals his rejection as a Police Officer by the City of Jersey City and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-2 ROBERT CARUSO
Robert Caruso appeals his rejection as a County Correction Officer by the County of Monmouth and its request to remove his name from the eligible list for County Correction Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-3 VICTOR DONNELLY
Victor Donnelly, represented by Dena Epstein, Esq., appeals his rejection as a County Correction Officer candidate by the County of Union 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 ALLEN LORENZO
Allen Lorenzo appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections 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-5 MATTHEW PFEIFFER
Matthew Pfeiffer, represented by Robert A. Warmington, Esq., appeals his rejection as a County Correction Officer candidate by the County of Union 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 CHERRIL DAVIS
Cherril Davis, a Senior Correction Officer at Riverfront 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-7 WILLIAM L. ELBERTSON
William L. Elbertson, a Senior Correction Officer at Bayside 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-8 TIMOTHY G. GAULL, JR.
Timothy G. Gaull, Jr., a Senior Correction Officer at Riverfront 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 JAMES GORDON
James Gordon, a Carpenter at New Lisbon Developmental Center, 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-10 BERTHA M. HULL
Bertha M. Hull, a Senior Correction Officer at 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-11 JUDITH LEEDS
Judith Leeds, a former Senior Correction Officer with Edna Mahan Correctional Facility for Women, Department of Corrections, represented by Jeffrey H. Sutherland, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-12 SUNSOOK J. LEIGH
Sunsook J. Leigh, a Senior Correction Officer at the Garden State Reception and Youth Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-13 RODERICK SECOR
Roderick Secor, a Correction Sergeant at the Edna Mahan Correctional Facility for Women, Department of Corrections, represented by Samuel M. Gaylord, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-14 JOHN THAME
John Thame, a former Senior Correction Officer at South Woods 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-15 ELLA THOMPSON
Ella Thompson, a Cottage Training Supervisor at Woodbridge Developmental Center, 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-16 GWYNN C. ASHWORTH AND BERNADETTE RICH
Gwynn C. Ashworth and Bernadette Rich appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirement for the promotional examination for Management Improvement Specialist 1 (PS8825K), Department of Human Services.
ACTION: The Merit System Board directed that these appeals be denied.
B-17 MICHAEL L. BEYER
Keven Yecco, Municipal Clerk/Personnel Officer with the Borough of Wildwood Crest, on behalf of Michael L. Beyer, appeals the determination of the Division of Selection Services, which found that Mr. Beyer did not meet the experience requirement for the promotional examination for Sanitation Driver (PM0429A), Borough of Wildwood Crest.
ACTION: The Merit System Board directed that this appeal be granted.
B-18 ROBERT BROOKS AND GERALDINE M. RAESLY
Robert Brooks and Geraldine M. Raesly appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirement for the promotional examination for Building Service Coordinator 3 (PS8060P), Department of Law and Public Safety.
ACTION: The Merit System Board directed that these appeals be granted.
B-19 WILLIAM M. CHEPIGA
William M. Chepiga appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the promotional examination for Supervising Program Development Specialist (Mental Health Services) (PS8270K), Department of Human Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-20 MATTHEW CHESEK
Matthew Chesek appeals the administration of the bilingual portion of the Law Enforcement Candidate Record (LECR) examination (S9999A) for various titles.
ACTION: The Merit System Board directed that this appeal denied.
B-21 FRANCIS J. CLANCY
Francis J. Clancy appeals his score and rank on the examination for Truck Driver (PM4316V), Lacey Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-22 SHEILA A. CRAIG
Sheila A. Craig appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the title of Assistant Public Information Officer, (C0535O), Essex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-23 GERALD CUCCHIARA, ET AL.
Gerald Cucchiara, Nicholas Cucchiara, Keith Lewis, and Khareen Miller appeal their performance scores for the Fire Fighter (M9999A) examination.
ACTION: The Merit System Board directed that these appeals be denied.
B-24 KAREN FEDOSH
Karen Fedosh appeals the determination of the Division of Selection Services which found that she did not meet the education and experience requirements for the promotional examination for Agricultural Resource Specialist 1 (PC1145W), Monmouth County.
ACTION: The Merit System Board directed that this appeal be granted.
B-25 ROBERT GILLEN AND JOHN GILMORE
FMBA Local 22, represented by Craig S. Gumpel, Esq., Barry Anders, Joseph Cappuccino, Edward J. Doran, Michael Greene, John P. Kozdron, and John Maley contend that Robert Gillen and John Gilmore had knowledge of test content prior to taking the examination for Deputy Fire Chief, (PM3540A), Harrison. This matter was held over by the Board from its May 23, 2000 meeting.
ACTION: The Merit System Board granted a hearing.
B-26 LUZ H. GONZALEZ
Luz H. Gonzalez appeals the determination of the Division of Human Resource Management, which found that she was ineligible for the promotional examination for Income Maintenance Specialist (PC0387W), Union County.
ACTION: The Merit System Board directed that this appeal be denied.
B-27 SUSAN L. GRESAVAGE
Susan L. Grevasage appeals the examination review process for the promotional examination for Supervising Engineer 2, Surface Design (PS4270T), Department of Transportation. It is noted that this matter was held over from the Board's May 9, 2000 meeting.
ACTION: The Merit System Board directed that this appeal be denied.
B-28 HEATHER P. GRIFFITH
Heather P. Griffith 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 Social Work Supervisor I Corrections, (S0521B), Bayside/Southern State Correctional Facility.
ACTION: The Merit System Board directed that this appeal be denied.
B-29 SHELBY J. HALL
Shelby J. Hall appeals the determination of the Division of Selection Services that she failed to achieve a passing score on the promotional examination for Supervisor, Personnel Records and Payroll Processing 2 (PS3776I), Department of Corrections.
ACTION: The Merit System Board directed that this appeal be denied.
B-30 WILLIAM M. HEILMAN
William M. Heilman appeals the determination of the Division of Selection Services which found that he did not meet the experience requirement for the promotional examination for Mechanic (PM0709A), Township of Millburn.
ACTION: The Merit System Board directed that this appeal be granted.
B-31 SUSETTE JACKSON
Susette Jackson appeals the decision of the Division of Selection Services which found that she did not meet the education and experience requirements for the open competitive examination for Court Representative Board of Education (M6770A), Newark School District.
ACTION: The Merit System Board directed that this appeal be denied.
B-32 WALLACE G. JENKINS
Wallace G. Jenkins appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement, per the substitution clause for education, for the promotional examination for Principal Technician, Management Information Systems (PS5192T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-33 ROBERT LAZARICK
Robert Lazarick appeals his ineligibility for the Fire Fighter (M0762U), Hillside examination for failure to satisfy the age requirements.
ACTION: The Merit System Board directed that this appeal be denied.
B-34 EWA LEACHKO
Ewa Leachko appeals the determination of the Division of Selection Services which found that she failed to achieve a passing score on the Senior Laboratory Technician, Water Analysis (M0872A), City of Trenton open competitive examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-35 LISA D. LEWIS
Lisa D. Lewis appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Data Processing Input/Output Control Specialist 2 (PS6349F), Department of Education.
ACTION: The Merit System Board directed that this appeal be granted.
B-36 PATRICIA MCCORMICK
Patricia McCormick appeals the determination of the Division of Selection Services, which found that she did not meet the minimum requirements in experience for the open competitive examination for Examiner I Credentials, (C1005A), Bergen County.
ACTION: The Merit System Board directed that this appeal be denied.
B-37 WILLIAM P. O'BRIEN
William P. O'Brien appeals the determination of the Division of Human Resource Management which found that he was ineligible for the promotional examination for Supervising Maintenance Repairer (PM0336W), Bayonne.
ACTION: The Merit System Board directed that this appeal be denied.
B-38 WILLIAM PAULIN
William Paulin 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 County Park Ranger, (C0305O), Monmouth County.
ACTION: The Merit System Board directed that this appeal be denied.
B-39 RHONDA A. PETERS-CAPERS
Rhonda A. Peters-Capers appeals her ineligibility for the Court Representative, Board of Education (M6770A), Newark School District open competitive examination on the basis of not meeting the announced residency requirement.
ACTION: The Merit System Board directed that this appeal be denied.
B-40 AUDREY PRENTICE AND PETER J. KUREK
Audrey Prentice and Peter J. Kurek appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirement for the promotional examination for Management Improvement Specialist 1 (PS8825K), Department of Human Services.
ACTION: The Merit System Board directed that these appeals be granted.
B-41 YOLANDA ROBINSON AND BRENDAN AKERU
Yolanda Robinson and Brendan Akeru appeal the determination of the Division of Selection Services which found that they failed to achieve passing scores on the Parole Officer Recruit (S2001A), open competitive examination.
ACTION: The Merit System Board directed that these appeals be denied.
B-42 CHARLES RYAN, ET AL.
Charles Ryan (PM3548A) Bayonne; Gary Giardina and Carl Zoecklein (PM3551A) Clifton; Thomas Centofanti, represented by Larry Holtz, Esq., Gordon Dawson and Lester Gadbois, Jr., (PM3554A), Florence Township; John Frize (PM3557A) Jersey City; Walter Barrett, Brian Gallagher, Edwin Gillan, Joseph Hannon, Robert Kilduff, Brian McDonough, Kenneth Mount, Timothy Pickett, Jon Tooke, and Louis Trucillo (PM3559A) Jersey City; Anthony Campos, represented by Larry Holtz, Esq., John Huegel, Anthony Perillo and Joseph Tutela (PM3561A) Newark; Darren LaVigne (PM3565A) South Amboy; Edward Shapiro (PM3567A) Union Township; William Seaman, Jr., represented by Larry Holtz, Esq., (PM3580A), Trenton; and Edward Dowhy, Patrick Hall, represented by Larry Holtz, Esq., Raymond Massi, represented by Larry Holtz, Esq., William Olson, represented by Larry Holtz, Esq., Joseph Richardson, represented by Larry Holtz, Esq., and Cassandra Smith, represented by Larry Holtz, Esq., (PM3581A), Camden City appeal the written examination for Police Captain (various jurisdictions). These appeals have been consolidated due to common issues presented by the appellants.
ACTION: The Merit System Board directed that these appeals be denied.
B-43 CARLOS VASCONEZ
Carlos Vasconez appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the title of Training Technician (C1137B), Hudson County.
ACTION: The Merit System Board directed that this appeal be denied.
B-44 RICHARD B. VOLSKI
Richard B. Volski appeals the determination of the Division of Selection Services, which found that he did not meet the education requirements for the open competitive examination for Forester (M1184B), Nutley Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-45 REGINA A WILLITTS
Regina A. Willitts appeals the determination of the Division of Selection Services, which found that she did not meet the educational requirements for the title of Patient Activities Coordinator, (C1186B), Burlington County.
ACTION: The Merit System Board directed that this appeal be denied.
B-46 GLORIA CUNNINGHAM
Gloria Cunningham, a Principal Investigator, Secured Facilities, with the Department of Corrections, appeals the bypass of her name on the Principal Investigator, Corrections (PS0458I) eligible list.
ACTION: The Merit System Board directed that this appeal be denied.
B-47 IRENE PORRO
Irene Porro, represented by William D. Sayers, Esq., appeals the appointing authority's failure to appoint her from the Police Officer (S9999W), Borough of Rutherford eligible list.
ACTION: The Merit System Board granted a hearing.
B-48 CHRISTOPHER SMITH
Christopher Smith appeals the decision of Human Resource Information Services which found that the Department of Corrections had presented sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9999V) eligible list due to an unsatisfactory driving record.
ACTION: The Merit System Board directed that this appeal be denied.
B-49 PUBLIC INFORMATION ASSISTANT (C0476O), UNION COUNTY
The appointing authority requests permission not to make an appointment from the certification for Public Information Assistant (C0476O), Union County.
ACTION: The Merit System Board granted the request but assessed costs.
B-50 RECORDER OPERATOR, COURT (M7332W), CITY OF NEWARK
The appointing authority requests permission not to make an appointment from the certification for Recorder Operator, Court (M7332W), City of Newark.
ACTION: The Merit System Board granted the request but assessed costs.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-51 ZONING OFFICER (M6554W), TOWNSHIP OF EDGEWATER PARK
The appointing authority requests permission not to make an appointment from the certification for Zoning Officer (M6554W), Township of Edgewater Park.
ACTION: The Merit System Board granted the request but assessed costs.
B-52 CARMINE MARTUCCI
Carmine Martucci requests reconsideration of the final administrative decision rendered on February 23, 2000, in which appellant's appeal of question 8 of the Police Sergeant (PM0970W), Trenton examination, was denied.
ACTION: The Merit System Board denied the request.
B-53 MICHAEL MUENCH
The appeal of Michael Muench, a former inspector, pilot and aircraft mechanic with the Burlington County Mosquito Extermination Commission, regarding his demotion in lieu of layoff (CSV 8803-92), his six-day suspension (CSV 5948-92), his 20-day suspension (CSV11729-93), his 45-day suspension (CSV11461-94), his six-day suspension (CSV 741-95), and his removal (CSV 10106-95) on charges, was heard by Administrative Law Judge (ALJ) Robert W. Scott. In his July 17, 1998 initial decision, the ALJ found that Muench's demotion in lieu of layoff was not in bad faith, modified the six-day suspension to a five-day suspension, modified the 20-day suspension to a 10-day suspension, upheld the 45- day suspension, modified the six-day suspension to a reprimand, and upheld Muench's removal. Based on the Merit System Board's (Board) failure to act within prescribed time limits, pursuant to N.J.S.A. 52:14B-10, the initial decision was deemed adopted as final. However, the appellant filed timely exceptions and the appointing authority filed timely exceptions and cross exceptions. Therefore, the matter is currently before the Board on reconsideration.
ACTION: The Merit System Board acknowledged the decision of the Administrative Law Judge as deemed approved pursuant to N.J.S.A. 52:14B-10.
B-54 WILLIAM ORTIZ
William Ortiz, a Police Officer with the City of Newark, represented by Michael Gogal, Esq., petitions the Merit System Board (Board) for reconsideration of the final administrative decision rendered on January 11, 2000, in which the Board dismissed the appellant's appeal without prejudice based on his failure to appear at the scheduled settlement conference on October 1, 1999.
ACTION: The Merit System Board granted the request for reconsideration, rescinded the final decision rendered on January 11, 2000, and directed that the matter transmitted to the Office of Administrative Law for further proceedings.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-55 DENNIS TASSIE
Dennis Tassie, a Police Sergeant with the City of Newark, represented by Michael Gogal, Esq., petitions the Merit System Board (Board) for reconsideration of the final administrative decision rendered on January 11, 2000, in which the Board dismissed the appellant's appeal with prejudice based on his failure to appear at the scheduled settlement conference on September 27, 1999.
ACTION: The Merit System Board granted the request for reconsideration, rescinded the final decision rendered on January 11, 2000, and directed that the matter transmitted to the Office of Administrative Law for further proceedings.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-56 PATRICK DUNICAN
Patrick Dunican, a Municipal Court Administrator with the Township of Pennsauken, represented by Mary L. Crangle, Esq., requests enforcement of that part of the Merit System Board decision rendered on September 21, 1999, granting him back pay. The appointing authority represented by David A. Luthman, Esq., requests that the Board's prior decision be reconsidered.
ACTION: The Merit System Board denied the appointing authority's request for reconsideration, but granted the appellant's request for enforcement and ordered the appointing authority to pay the appellant back pay.
B-57 DIANE MURPHY
Diane Murphy, a Supervisor of Legal Secretarial Services with the Department of Law and Public Safety, represented by Michael J. Herbert, Esq., requests enforcement of the Merit System Board decision in In the Matter of Diane Murphy (MSB, decided January 12, 1999).
ACTION: The Merit System Board denied the request.
B-58 PRINCIPAL PURCHASING ASSISTANT (C7282A), CAMDEN COUNTY
The appointing authority's failure to properly dispose of the certification for Principal Purchasing Assistant 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 and ordered the appointing authority to remove the provisional appointee, make an appointment from the certification and pay compliance costs.
B-59 SENIOR WATER REPAIRER (PM0130W), PASSAIC VALLEY WATER COMMISSION
The appointing authority's failure to properly dispose of the certification for Senior Water Repairer 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 an appointment from the certification and pay compliance costs.
B-60 TRAFFIC MAINTENANCE WORKER (M6673A), CITY OF EAST ORANGE
The appointing authority's failure to properly dispose of the certification for Traffic Maintenance Worker while provisional appointees are serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing authority to remove the provisional appointees, make an appointment from the certification and pay compliance costs.
B-61 EMILY GRAHAM-WEBER
The Superior Court, Appellate Division, has remanded the decision of the Merit System Board in In the Matter of Emily Graham-Weber, Essex County (MSB, decided May 19, 1988), remanded, Docket No. A-6514-97T3 (App.Div. Oct. 21, 1999), to determine the merits of Ms. Graham-Weber's claim that Essex County effected a reprisal action against her.
ACTION: The Merit System Board dismissed the appeal.
B-62 KENNETH C. BROWN
The appeal of Kenneth C. Brown, a Senior Parole Office, Department of Corrections, of his 15-day suspension on charges, was heard by Administrative Law Judge Michael L. Ravin (ALJ), who rendered his initial decision on March 30, 2000. At its meeting on May 9, 2000, the Merit System Board did not adopt the ALJ's recommendation to modify the penalty to a four-day suspension. Rather, the Board upheld the 15- day suspension. The proposed final decision is submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-63 JOSEPH H. JURKIEWICZ
The appeal of Joseph H. Jurkiewicz, a Maintenance Repairer with the Borough of Sayreville, of his six-month suspension on charges, was heard by Administrative Law Judge Bruce R. Campbell (ALJ), who rendered his initial decision on March 10, 2000, upholding the suspension. At its May 9, 2000, meeting the Board affirmed the ALJ's recommendation. However, the Board found it necessary to clarify the ALJ's decision. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-64 BRUCE MCBREEN
The appeal of Bruce McBreen, Police Lieutenant with the Township of North Bergen, of his removal effective November 20, 1995, was heard by Administrative law Judge Edith Klinger (ALJ), who rendered her initial decision on March 23, 2000. The Merit System Board, at its meeting on May 9, 2000, did not accept the ALJ's recommendation to uphold the removal. Rather, the Board concluded that the appropriate outcome is a resignation in good standing. The proposed final decision is submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-65 CRAIG WASHINGTON
The appeal of Craig Washington, a Safety Specialist 2 with the Department of Transportation, of his removal effective September 18, 1997, was heard by Administrative Law Judge Maria Mancini La Fiandra (ALJ), who rendered her initial decision on March 3, 2000. At its meeting of April 18, 2000, the Merit System Board adopted the recommendation of the ALJ to uphold the removal. However, the Board found it necessary to address the exceptions filed by the appointing authority. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Abstained) Judith L. Shaw (Abstained) Leo Vartan (Yes)
B-66 SALARY REGULATIONS, SUPPLEMENT 1: FY 2000
It is recommended that the Salary Regulations Supplement 1: FY 2000 be recorded.
ACTION: The Merit System Board recorded the salary regulations.
B-67 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of May 23, 2000 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of May 23, 2000.
B-68 LARRY HORTON
Larry Horton, an Intermittent Audit Account Clerk with the Department of the Treasury, represented by Rae C. Roeder, President, CWA Local 1033, petitions the Merit System Board for interim relief of his 15-day suspension, pending the outcome of his hearing at the Office of Administrative Law.
ACTION: The Merit System Board directed that this appeal be denied.
B-69 JENNIFER JONES
The appeal of Jennifer Jones, County Correction Officer, Burlington County Jail, of her removal effective June 26, 1998 on charges, was heard by Administrative Law Judge John R. Futey (ALJ), who rendered his initial decision on December 3, 1999, upholding the removal. At its meeting on February 1, 2000, the Merit System Board (Board) did not adopt the ALJ's recommendation to uphold the removal. Rather, the Board determined that the removal be reversed. However, based on further review of the record, the Board, upon its own motion, at its March 21, 2000 meeting, granted reconsideration of its February 1, 2000 decision and determined that the appellant's removal was appropriate. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindling (Abstained) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-70 REGINALD LEVEN
Reginald Leven, a Senior Correction Officer at Albert C. Wagner Youth Correctional Facility, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division, with the DOC, stating that the appellant failed to present sufficient evidence to support a finding of probable cause that he had been a victim of retaliation. This matter was held over from the May 23, 2000 Board meeting for further review.
ACTION: The Merit System Board granted a hearing.
B-71 KEVIN WILSON
The Department of Corrections, represented by John P. Nuttall, Deputy Attorney General, petitions the Merit System Board for a stay of its decision in In the Matter of Kevin Wilson (MSB, decided May 9, 2000) pending its appeal to the Appellate Division of the Superior Court of New Jersey.
ACTION: The Merit System Board denied the petition for a stay.
B-72 M.H. v. DIVISION OF YOUTH AND FAMILY SERVICES, DEPARTMENT OF HUMAN SERVICES
Administrative Law Judge (ALJ) Joseph F. Fidler issued an Order of Consolidation and Predominant Interest in the above- captioned matters. In that order, the ALJ determined that the matters be consolidated and that the Division of Youth and Family Services (DYFS) had the predominant interest. Based on the ALJ's Order, the Board and DYFS developed a joint order adopting the ALJ's Order. This joint order is now before the Board for adoption.
ACTION: The Merit System Board adopted the Order of Consolidation and Predominant Interest.
B-73 EARLY SETTLEMENTS
Chris Dorey Thomas Edison State College Release at the end of the working test period
Anthony Marino Division of Purchase and Property Department of the Treasury Suspension
Thomas Woodson Department of Transportation 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, June 20, 2000, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
__________________________________ LEWIS A. SCHEINDLIN ACTING COMMISSIONER MERIT SYSTEM BOARD
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