A regular meeting of the Merit System Board was held on Tuesday, May 22, 2001, in Trenton, New Jersey.

PRESENT: Chairwoman Janice Mitchell Mintz, Merit System Board Members, Alan Dexter Bowman, Margaret E.L. Howard, and Leo Vartan; Elizabeth Laufer, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.

In accordance with L.1975, c.231, Chairwoman Janice Mitchell Mintz 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, 2000, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:

Nathan Cumar, Environmental Specialist Trainee candidate, Department of Environmental Protection, list removal.

Kathryn M. DiOrio, County Correction Officer, Camden County, release at the end of the working test period.

Hector Frantz, Human Services Technician, Hagedorn Psychiatric Hospital, Department of Human Services, suspension.

Larry Green, Police Officer, Police Department, Township of West Orange, removal.

Oscar Hutchins, Equipment Operator, Department of Public Works, Essex County, layoff.

Sharon Rodgers-Holmes, Senior Administrative Analyst, Department of Public Safety, Essex County, layoff.

Matthew Jacovelli, Supervisor, Sludge Plant Operator and Repairer, Camden County Municipal Utilities Authority, layoff.

Tyrone James, Security Guard, Newark Housing Authority, suspension.

Walter Janicek, Emergency Response Specialist 2, Department of Environmental Protection, indefinite suspension.

John McCaffrey, Senior Parole Officer, Department of Corrections, suspension.

William McKelvey, Quality Assurance Coordinator, Department of Health and Rehabilitation, Essex County, layoff.

Ali Mesghali, Senior Correction Officer, Bayside State Prison, Department of Corrections, two removals.

Marcelle Michael, Program Support Specialist 3, Division of Youth and Family Services, Department of Human Services, suspension.

Joseph P. Montelelone, Fire Fighter candidate, City of Hackensack, list removal.

Kwok On-Poon, formerly Senior Engineer (Transportation), Department of Transportation, denial of sick leave injury benefits.

William Pollock, Senior Building Maintenance Worker, Ramapo College of New Jersey, suspension.

David Shevelove, Social Worker, Juvenile Rehabilitation, Essex County, layoff.

Todd Silverman, Senior Correction Officer, East Jersey State Prison, Department of Corrections, denial of sick leave injury benefits.

Edward Szkoda, Administrative Analyst II, Department of Environmental Protection, demotion in lieu of layoff.

Woodrow Thomas, Traffic Maintenance Worker, Essex County, layoff.

Theodore Tucci, Interviewer, Veterans' Services, Department of Labor, release at the end of the working test period.

Lula Uttley, Food Service Worker, Cumberland County, suspension.

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
Hope Cheek
New Lisbon Developmental Center
Department of Human Services
Suspension

Gail Clark
Department of the Treasury
Suspension

Thomas Decker
Department of Public Works
Borough of Butler
Layoff

Thomas Enos
Crest Haven Nursing Home
County of Cape May
Resignation not in good standing

Norris Hoist
Veterans Memorial Home at Menlo Park
Department of Military and Veterans Affairs
Suspension

Sampson Johnson
New Lisbon Developmental Center
Department of Human Services
Removal

Daniel O'Callaghan
Division of Human Resources
Department of Transportation
Suspension and Demotion

Calvin Parkman
Police Department
City of Newark
Suspensions (4)

Lloyd Smith
Trenton Psychiatric Hospital
Department of Human Services
Removal

Leslie Stansky
New Lisbon Developmental Center
Department of Human Services
Suspension

Bart Vallaro
Department of Public Safety
City of Paterson
Suspension

RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGES IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements with the exception of Thomas Decker, who was held over.

A-2 DONALD HICKS
Donald Hicks, Police Officer, Police Department, City of Newark, 1) 40-day suspension, on charge of violation of Department regulations: conduct in public and private and language and 2) removal effective May 12, 1999, on the charge of violation of a Department regulation: conduct in public and private.

Recommendation of the Administrative Law Judge - Uphold the 40-day suspension and reverse the removal.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge to uphold the 40-day suspension, reverse the removal and the Board also awarded counsel fees for services related only to the removal.

A-3 DONALD MILLER
Donald Miller, Department of Environmental Protection, layoff effective July 5, 1996.

Recommendation of the Administrative Law Judge - Uphold the layoff.

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

A-4 TOYE KATES MUHAMMAD
Toye Kates Muhammad, Police Officer, Police Department, City of Newark, 30-day suspension, on the charge of a violation of a Department regulation: conduct in public and private.

Recommendation of the Administrative Law Judge - Reverse the 30-day suspension.

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

A-5 VIVIAN STANFORD
Vivian Stanford, Hospital Attendant, Buttonwood Hospital, County of Burlington, six-month suspension, on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty, and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the six-month suspension.

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

A-6 STEVEN HENDRIX
Steven Hendrix, Maintenance Repairer, Public Maintenance Department, City of Asbury Park, removal effective August 2, 1999, on the charges of incompetency, inefficiency, or failure to perform duties, chronic or excessive absenteeism or lateness, conduct unbecoming a public employee, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-7 GREGORY ADAMSON
Gregory Adamson, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal effective May 22, 2000, on the amended charges of conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-8 THOMAS RECHKO
Thomas Rechko, Laborer, Township of Woodbridge, Department of Public Works, removal effective July 6, 1999, on charges of violation of the Township's drug and alcohol policy, insubordination (four counts), conduct unbecoming a public employee (three counts) and violation of federal regulations concerning drug and alcohol use.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-9 VALENTINA RICHARDSON
Valentina Richardson, Juvenile Detention Officer, Department of Corrections, County of Hudson, removal effective June 19, 1998, on charges of inability to perform duties, conduct unbecoming a public employee, insubordination, neglect of duty and abandonment of her position.

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

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

A-10 WILLIAM C. WHITE, SR.
William C. White, Sr., Senior Correction Officer, Garden State Reception and Youth Correctional Facility, Department of Corrections, removal effective November 10, 1998, on charges of performance: neglect of duty, loafing, idleness or willful failure to devote attention to tasks which could result in danger to persons or property; safety and security; and misuse of public property, including the use of motor vehicles used for unauthorized or unofficial purposes.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-11 WAYNE FULLER
Wayne Fuller, Police Officer, Police Department, City of Newark, removal effective August 23, 1996, on the charge of chronic inefficiency or incompetency.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

The Board held this matter over from its meeting of April 10, 2001.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-13 WILBERTO RIVERA
Wilberto Rivera, Police Sergeant, Police Department, City of Newark, 30-day suspension on the charge of neglect of duty.

The Board held this matter over from its meeting on April 24, 2001.

Recommendation of the Administrative Law Judge - Uphold the suspension.

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

A-14 WILLIAM WILLIAMS
William Williams, Laborer Heavy, Department of Public Works, City of Trenton, removal effective July 30, 1999, on charges of conduct unbecoming a public employee and physically assaulting a supervisor.

The Board held this matter over from its meeting on April 24, 2001.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-15 REGINALD LEVEN
Reginald Leven, a Senior Correction Officer, Albert C. Wagner Youth Correctional Facility, Department of Corrections, reassignment and three-day suspension. The basis for the appellant's appeal was retaliation for filing a discrimination complaint.

The Board held this matter over from its meeting on April 10, 2001.

Recommendation of the Administrative Law Judge - Reverse the suspension.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge, but did not affirm the conclusion that the suspension was a result of retaliation.

SECTION B - MISCELLANEOUS MATTERS
B-1 MICHAEL J. HART
Michael J. Hart, represented by Stephen E. Klausner, Esq., appeals his rejection as a Fire Fighter candidate by the City of Rahway and its request to remove his name from the eligible list for Fire Fighter 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-2 JAMES T. MILLIGAN
James T. Milligan, represented by Merick H. Limsky, Esq., appeals the request by the New Jersey Department of Corrections to remove his name from the Correction Officer Recruit (S9999A) eligible list for medical unfitness to effectively perform the duties of the position.

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

B-3 DONALD NEWBY
Donald Newby appeals his rejection as a Bridge Operator Trainee candidate by the New Jersey Department of Transportation and its request to remove his name from the eligible list for Bridge Operator Trainee on the basis of medical unfitness to perform effectively the duties of the position.

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

B-4 NICHOLAS PISCITELLI
Nicholas Piscitelli appeals his rejection as a Truck Driver, Heavy, candidate by the Borough of Sayreville and its request to remove his name from the eligible list for Truck Driver, Heavy, on the basis of medical unfitness to perform effectively the duties of the position.

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

B-5 MARK J. ZAMBRYZCKI
Mark J. Zambryzcki appeals his rejection as a Police Officer candidate by the Borough of Sayreville 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.

B-6 RICHARD ANDERSON
Richard Anderson, a Senior Correction Officer with Central Transportation, Department of Corrections, represented by Mark D. Kurdyla, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-7 SCOTT BARKER
Scott Barker, 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 appeal be granted.

B-8 HOPE R. CHEEK
Hope R. Cheek, a Head Cottage Training Supervisor with 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 granted.

B-9 IRENE DAY
Irene Day, a Recreation Assistant with the 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 granted.

B-10 CRYSTAL ENNIS
Crystal Ennis, a Cottage Training Technician with the Woodbine 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-11 JOEL FAIRCLOTH
Joel Faircloth, a former Correction Officer Recruit, Juvenile Justice with the New Jersey Training School for Boys, Juvenile Justice Commission, represented by Robert A. Fagella, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-12 JOYCE FAULKS
Joyce Faulks, 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-13 BARBARA GORDON-SMITH
Barbara Gordon-Smith, an Affirmative Action Officer 3 with the 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-14 BETTY JEAN GRAHAM
Betty Jean Graham, a Family Service Specialist 2 with the Division of Youth and Family Services, Department of Human Services, represented by Christopher M. Supsie, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-15 PAMELA HILLS
Pamela Hills, a Cottage Training Technician with Woodbine 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 RHONDA JACKSON-GREENE
Rhonda Jackson-Greene, a Senior Parole Officer with the Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-17 ENID JOHNSON-MCKENZIE
Enid Johnson-McKenzie, a Human Services Technician at New Jersey Veterans Memorial Home at Menlo Park, Department of Military and Veterans Affairs, appeals the denial of sick leave injury (SLI) benefits.

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

B-18 DAVID E. KADY
David E. Kady, an Assistant Crew Supervisor, Highway Maintenance with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.

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

B-19 CREOLA LOCKE
Creola Locke, a Cook, 12 Months, 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-20 JANE LYONS
Jane Lyons, a Senior Engineer Transportation with the Department of Transportation, represented by David Nack, Local Representative, CWA Local 1032, appeals the denial of sick leave injury (SLI) benefits.

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

B-21 RICHARD MEYER
Richard Meyer, a Painter with Trenton Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-22 HENRY O. MOREAU
Henry O. Moreau, a Senior Correction Officer with New Jersey State Prison, Department of Corrections, represented by Mark D. Kkurdyla, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-23 DIANNE NEAL
Dianne Neal, a Secretarial Assistant 2 with the Department of Community Affairs, appeals the denial of sick leave injury (SLI) benefits.

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

B-24 GUILLERMO PASCUAL
Guillermo Pascual, a Human Services Technician with Trenton Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-25 PRISCILLA PEARSON
Priscilla Pearson, a Residential Services Worker with the New Jersey Memorial Home for Disabled Soldiers, Vineland, Department of Military and Veterans Affairs, appeals the denial of sick leave injury (SLI) benefits.

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

B-26 JAMES SCOTT
James Scott, a Senior Building Maintenance Worker with Trenton Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-27 SYLVIA SERVIS
Sylvia Servis, a Senior Correction Officer at Albert C. Wagner Youth Correctional Facility, Department of Corrections, represented by Arnold S. Cohen, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-28 DEBORAH SMITH-SIMPSON
Deborah Smith-Simpson, a Family Service Specialist 3 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 appeal be denied.

B-29 FRANCES TACK
Frances Tack, an Assistant Housekeeping Supervisor 2 with New Lisbon Developmental Center, Department of Human Services, represented by Jenna Gledhill, Staff Representative CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.

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

B-30 MARGUERITE WARD
Marguerite Ward, a Regional Staff Nurse (Medical Assistance) with the Department of Health and Senior Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-31 LARRY J. WHITE
Larry J. White, an Equipment Operator with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.

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

B-32 CARLTON YOUNG
Carlton Young, 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-33 MARIA BROWN
Maria Brown appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove her name from the eligible list for Occupational Safety Consultant 2 (S0428A), Department of Labor, on the basis that she lacked the required experience.

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

B-34 SEAN BUTLER
Sean Butler appeals the determination of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Stationary Engineer (C9149A), Essex County, on the basis that he lacked the required licenses.

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

B-35 YOLANDA COLSON
Yolanda Colson, represented by John G. Cito, Esq., appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove her name from the eligible list for Correction Officer Recruit (S9999A), Department of Corrections, on the basis of an unsatisfactory driving record.

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

B-36 ELLIOT CRUMPLER
Elliott Crumpler appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the special reemployment list for Safety Specialist 2, Division of Motor Vehicles, Department of Transportation, due to his failure to respond to the Notification of Certification.

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

B-37 EDWARD F. DEVORAK, JR.
The appointing authority for the County of Middlesex appeals the decision of Selection Services which found that it had not presented sufficient basis to remove Edward F. Devorak's name from the County Park Ranger (S9999A) eligible list.

ACTION: The Merit System Board directed that this appeal be granted and ordered that the eligible's name be removed from the County Park Ranger (S9999A) eligible list.

B-38 LEROY DOUGLAS
Leroy Douglas, represented by George R. Saponaro, Esq., appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for County Correction Officer (C1295T), County of Burlington, on the basis of an unsatisfactory employment record.

ACTION: The Merit System Board granted a hearing.

B-39 RICHARD ELLIS
Richard Ellis, represented by Kevin M. Costello, Esq., petitions the Merit System Board for reconsideration of the final administrative decision, rendered on February 14, 2001, which found a sufficient basis to remove his name from the Police Officer (S9999W), City of Camden, eligible list on the grounds of his material and fraudulent alteration of a settlement agreement.

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

B-40 CHARLES J. ENMAN, JR.
Charles J. Enman, Jr., appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the County Correction Officer (S9999W), Atlantic County, eligible list due to his failure to complete his employment application.

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

B-41 BARBARA GELLURA
Barbara Gellura appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove her name from the eligible list for Occupational Safety Consultant 2 (S0428A), Department of Labor, on the basis that she lacked the required experience.

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

B-42 DESPINA HATZELIS
Despina Hatzelis appeals the removal of her name from the Supervising Administrative Analyst (M6083O), City of Jersey City, eligible list based on an unsatisfactory employment record.

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

B-43 RICHARD D. JACOBSON
Richard D. Jacobson appeals the removal of his name from the eligible list for Head Clerk (S7186A), Greystone Park Psychiatric Hospital, on the basis that he lack the required experience.

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

B-44 THELMA JOHNSON
Thelma Johnson appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Family Service Specialist Trainee (S6152W) eligible list as a result of the falsification of her employment application.

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

B-45 PAUL A. KUTENITS
Paul A. Kutenits appeals the decision of Human Resource Information Services which removed his name from the special reemployment list for Truck Driver, Single Axle, on the basis that he had declined employment in his original municipality.

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

B-46 GLENDA LEE
Glenda Lee appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove her name from the eligible list for Occupational Safety Consultant 2 (S0428A), Department of Labor, on the basis that she lacked the required experience.

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

B-47 HANSA A. PATEL
Hansa A. Patel appeals the removal of her name from the eligible list for Senior Research Assistant (M6794A), Newark Public Schools, on the basis that she lacked the required experience.

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

B-48 STEPHANIE PEOPLES
Stephanie Peoples appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove her name from the eligible list for Ranger Trainee (S9999W), Department of Environmental Protection, on the basis of her failure to complete preemployment processing.

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

B-49 PAUL E. ROBESON, JR.
Paul E. Robeson, Jr. appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999A), Gloucester Township, on the basis of his failure to meet the residency requirement.

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

B-50 MARK SIMMONS
Mark Simmons appeals the decision of Human Resource Information Services, which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Probation Officer (S0307W), Vicinage 13, Somerset, Hunterdon and Warren Counties, on the basis of his failure to respond to the certification notice.

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

B-51 TARA L. SMITH
Tara L. Smith appeals the decision of Human Resource Information Systems, which found that the appointing authority had presented a sufficient basis to remove her name from the eligible list for Probation Officer (S0307W), Essex County Vicinage, due to an unsatisfactory criminal record.

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

B-52 HARLESTER WILLIAMS
Harlester Williams appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Management Information Systems Specialist (M6371O), Newark School District, eligible list due to an unsatisfactory criminal record.

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

B-53 SHANE M. ZARO
Shane M. Zaro, represented by Arthur J. Russo, Esq., appeals the decision of Selection Services which found that the Town of Phillipsburg had presented a sufficient basis to remove the appellant's name from the Police Officer (S9999A), Town of Phillipsburg, eligible list on the basis of an unsatisfactory driving record.

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

B-54 FRANK HOFFMAN
Frank Hoffman, a County Correction Sergeant with Hudson County, represented by John A. Craner, Esq., petitions for interim relief of his removal effective March 23, 2001, pending the outcome of his hearing at the Office of Administrative Law.

ACTION: The Merit System Board denied the request.

B-55 ANTHONY LISA
Anthony Lisa, a Family Service Specialist 1 with the Division of Youth and Family Services, Department of Human Services, petitions the Merit System Board (Board) for reconsideration of its final administrative decision rendered on November 14, 2000, in which the Board acknowledged the settlement reached by the parties, as clarified.

ACTION: The Merit System Board decision rendered on November 14, 2000 acknowledging the clarified settlement, be further clarified.

B-56 CATHERINE CERWINSKI
The appeal of Catherine Cerwinski, a Senior Clerk Typist with the City of Jersey City, of her removal, effective October 30, 1998 on charges, was heard by Administrative Law Judge Edith Klinger (ALJ), who rendered her initial decision on March 2, 2001. At its meeting on April 10, 2001, the Merit System Board did not adopt the ALJ's recommendation to uphold the removal and impose an additional three-month suspension. Rather, 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 directed that this matter be held over.

B-57 ROBERT HOBBS
The appeal of Robert Hobbs, an Assistant Food Service Supervisor at Riverfront State Prison, Department of Corrections, of his 10-day suspension on charges, was heard by Administrative Law Judge Robert W. Scott (ALJ), who rendered his initial decision on March 2, 2001, modifying the 10-day suspension to a five-day suspension. At its meeting on April 10, 2001, the Board did not adopt the ALJ's recommendation. Rather, the Board modified the penalty to a two-day suspension. The proposed final decision is now submitted for the Board's review.

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

B-58 M.H.
The appeal of M.H., a Senior Youth Worker with the Division of Youth and Family Services, Department of Human Services, of her removal, effective March 18, 1999, on charges was heard by Administrative Law Judge Joseph F. Fidler (ALJ), who rendered his initial decision on January 24, 2001, upholding the removal and sealing the record pursuant to N.J.S.A. 9:6-8.10a and N.J.A.C. 1:1-14.1. At its meeting on April 24, 2001, the Board adopted 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-59 MANUEL GONZALEZ
The appeal of Manuel Gonzalez, a Senior Correction Officer at New Jersey State Prison, Department of Corrections, of his 10-day suspension beginning July 21, 1998 on charges, was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on March 20, 2001, upholding the suspension. At its meeting on April 24, 2001, the Board adopted 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-60 MERCER COUNTY DEPARTMENT OF PUBLIC SAFETY LAYOFFS
The appeals of various employees of the Mercer County Department of Public Safety of the good faith of their layoff or demotion in lieu of layoff, effective September 11, 1998, were heard by Administrative Law Judge John R. Tassini (ALJ), who rendered his initial decision on March 26, 2001. At its meeting on May 8, 2001, the Merit System Board adopted the ALJ's recommendation to uphold the layoffs and demotions in lieu of layoff. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-61 THOMAS J. ANDERSON
Thomas J. Anderson 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 Traffic Safety Coordinator (C1343B), Gloucester County.

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

B-62 LINDA A. ARCAMONE AND LAURE P. WOOLVERTON
Linda A. Arcamone and Laure P. Woolverton appeal the determination of the Division of Selection Services, which found that per the substitution clause for education, they did not meet the experience requirements for the promotional examination for Administrative Analyst 2 (PS9475K), Division of Youth and Family Services.

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

B-63 DEBORAH BROWN
Deborah Brown appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Supervising Clerk (PM2105A), Newark School District.

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

B-64 ROBERT J. BURTON
Robert J. Burton appeals the determination of the Division of Selection Services which found that he was ineligible for the promotional examination for Administrative Analyst 2 (PS8603U), Department of the Treasury, due to his not being permanent in a title to which the examination was open.

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

B-65 BRUNO CORTESE
Bruno Cortese appeals the determination of the Division of Selection Services, which found that he did not meet the residency requirements for the open competitive examinations for Senior Librarian, Reference (C6961B), Burlington County; Librarian (C6943B), Burlington County; Librarian, Reference (M6019B), Willingboro Township; and Librarian (M6147B), Hamilton Township.

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

B-66 MARGARET T. DANIELS
Margaret T. Daniels appeals the determination of the Division of Selection Services, which found that per the substitution clause, she did not meet the experience requirements for the open competitive examination for Program Development Specialist 2, Women's Services (S6375B).

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

B-67 PATTI DICARLO
Cindy C. Haley, Deputy Clerk, Office of the Burlington County Freeholders, on behalf of Patti DiCarlo, appeals the determination of the Division of Selection Services, which found that Ms. DiCarlo did not meet the requirements for the promotional examination for Accounting Procedures Analyst (PC2281A), Burlington County.

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

B-68 NANCY DOLAN, ET AL.
Nancy Dolan, Robert Lane and Wendy Maler appeal the determination of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Investigator 2, Unemployment Insurance (PS9254N), Department of Labor.

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

B-69 DOUGLAS EIDE
Douglas Eide appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Administrative Analyst 1 (Data Processing) (PS9676K), Division of Medical Assistance and Health Services, Department of Human Services.

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

B-70 CARLOS FERNANDEZ
Carlos Fernandez appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in experience for the promotional examination for Therapy Program Assistant (Recreation) (PS8520K), Woodbine Developmental Center.

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

B-71 ANDREA FLEISCH
Andrea Fleisch 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 Program Development Specialist 2, Women's Services (S6375B).

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

B-72 ANTONIO GARY
Antonio Gary appeals his ineligibility for the examination for Fire Lieutenant (PM2633A), Irvington.

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

B-73 BARBARA GRANQUIST
Barbara Granquist appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Assistant Court Administrator (PM0008B), Borough of Fort Lee.

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

B-74 JOSEPH GRAMLICH, ET AL.
Joseph Gramlich, Horace Rosati, Joanne Weigand and Kimberly Zablow appeal the determination of the Division of Selection Services that they did not meet the experience requirements for the promotional examination for Administrative Analyst 1 (Data Processing) (PS9676K), Division of Medical Assistance and Health Services, Department of Human Services.

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

B-75 IRENE HARRIS
Irene Harris appeals the determination by the Division of Selection Services, which found that, per the substitution clause for education, she did not meet the experience requirement for the promotional examination for Administrative Assistant (PS0595D), Department of Community Affairs.

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

B-76 REGINALD D. JOHNSON
Reginald D. Johnson appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Executive Assistant 2 (PS9272R), Board of Public Utilities.

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

B-77 DIANE D. KITSON
Diane D. Kitson appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Deputy Municipal Court Administrator (PM1855W), Scotch Plains.

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

B-78 JOANNE KLEINERT, ET AL.
Joanne Kleinert, Elizabeth Orsini and Margaret Stofik appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for the promotional examination for Administrative Analyst 2 (PS9475K), Division of Youth and Family Services.

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

B-79 CHARLES B. KRIES, JR.
Charles B. Kries, Jr. appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the promotional examination for Heavy Equipment Operator (PC0484B), Warren County.

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

B-80 MICHAEL LISA
Michael Lisa appeals the decision of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Training Officer, UFD (PM0507W), Hoboken.

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

B-81 DARLENE M. MASUCCI
Darlene M. Masucci appeals the determination of the Division of Selection Services, which found that per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Chief of Administrative Services (PC0999W), Essex County.

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

B-82 FRANCES MCKENNA
Frances McKenna appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for the promotional examination for Principal Account Clerk (PC0871A), Monmouth County Sheriff's Office.

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

B-83 ALFONSO F. NICHOLAS
Alfonso F. Nicholas appeal the determination of the Division of Selection Services, which found that per the substitution clause for education, he did not meet the experience requirements for the promotional examination for Administrative Analyst 2 (PS9475K), Division of Youth and Family Services.

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

B-84 ANN PASKAS
Ann Paskas appeals the determination of the Division of Selection Services, which found that per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Administrative Analyst 3 (PS9398J), William Paterson University.

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

B-85 SHIRLEY PHILLIPS AND JOSEPH VARONE
Shirley Phillips and Joseph Varone appeal the determination of the Division of Selection Services that they did not meet the experience requirements for the promotional examination for Supervisor of Investigations (PS0550K), Division of Medical Assistance and Health Services, Department of Human Services.

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

B-86 MICHAEL RUTLEDGE
Michael Rutledge appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in experience for the promotional examination for Senior Water Meter Repairer (PM0426B), City of Sea Isle City.

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

B-87 PAMELA S. SCANLON
Pamela S. Scanlon appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for the "dual" title of Property Clerk/Word Processing Operator (PC0525B), Union County Prosecutor's Office.

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

B-88 LANCE SCHIERNBECK
Lance Schiernbeck appeals the determination of the Division of Selection Services which found that the he was below the minimum requirements in experience for the promotional examination for Road Superintendent (PM2059A), Town of Hammonton.

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

B-89 ATHERLY A. SIMPSON
Atherly A. Simpson appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Assistant Supervisor of Senior Citizen Activities (PM1494B), Atlantic City.

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

B-90 GAIL TISHMAN
Gail Tishman appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Administrative Analyst 2 (PS9475K), Division of Youth and Family Services.

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

B-91 LINDA BREZNY, ET AL.
Linda Brezny, Sally D'Errico and Richard Smith appeal their scores on the promotional examination for Supervising Program Development Specialist (PS0426H), Department of Health and Senior Services.

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

B-92 VICTOR CUGLIARI
Victor Cugliari appeals his score for the examination for Police Captain (PM3561A), Newark.

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

B-93 THOMAS LERP
Thomas Lerp appeals his score on the examination for Deputy Fire Chief (PM3571A), Irvington.

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

B-94 JOSEPH VISCUSO
Joseph Viscuso appeals his score on the examination for Deputy Fire Chief (PM3541A), Kearny.

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

B-95 JOSEPH BERNHARDT, ET AL.
Joseph Bernhardt, James Craig, John Gaspari, Ernest Hassell and Sharon Pullen request reconsideration of the Merit System Board decision which denied their appeals of their scores on the promotional examination for Construction and Maintenance Technician 1 (PS9279T), Department of Transportation.

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

B-96 PAMELA WENTWORTH
Pamela Wentworth appeals her score on the promotional examination for Supervising Program Development Specialist (PS6999K), Division of Youth and Family Services.

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

B-97 MARCIA COOPER
The Director, Division of Selection Services, on behalf of the Camden County Board of Social Services, requests that Marcia Cooper's out-of-title work experience be accepted to qualify her for the promotional examination for Human Services Specialist 1 (PC1893B).

ACTION: The Merit System Board granted the request.

B-98 WENDY L. RITARDI
The Deputy Director, Division of Selection Services, on behalf of the Department of the Treasury, requests that Wendy L. Ritardi's out-of-title work experience be accepted to qualify her for an examination for Senior Technician, Management Information Systems.

ACTION: The Merit System Board granted the request.

B-99 CHARLES DIGEROLAMO
Charles DiGerolamo appeals the determination of the Division of Selection Services, which denied him admittance to the promotional examination for County Correction Sergeant (PC6549N), Atlantic County.

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

B-100 LOUIS J. WILLIAMSON
Louis J. Williamson, represented by Sidney H. Lehmann, Esq., requests that the eligible list for Deputy Police chief (PM3637V), City of Trenton, be extended for one year from its expiration date of January 8, 2001.

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

B-101 STEVEN DYL
Steven Dyl petitions the Merit System Board for reconsideration of the decision rendered on December 5, 2000, which denied his appeal regarding his score on items 1, 3 and 4 of the promotional examination for Deputy Fire Chief (PM3541A), Kearny.

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

B-102 CAROLYN FEDE
Carolyn Fede appeals the determination of the Division of Selection Services which found that she was not employed in the announced unit scope for the promotional examination for Account Clerk Typing (PC0667A), Essex County.

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

B-103 MANOHAR LAL
Manohar Lal appeals the determination of the Division of Human Resource Management, that found that he failed to satisfy the unit scope eligibility requirements for the promotional examination for Chief of Construction Project Review (PS5577D), Department of Community Affairs.

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

B-104 WILLIAM ATKINSON
The Municipal Clerk/Administrator, on behalf of the Borough of West Paterson, seeks the revival of the Police Sergeant (PM3240S) list and acknowledgement of a settlement between the Borough of West Paterson and William Atkinson concerning his appointment to Police Sergeant, Borough of West Paterson.

ACTION: The Merit System Board granted the request.

B-105 JOSEPH CARR
The Town of Harrison, represented by Lawrence M. Fox, Esq., appeals the determination of the Director, Office of Intergovernmental Services, which denied its request to transfer Joseph Carr from Sheriff's Officer, Hudson County Sheriff's Department to Police Officer, Town of Harrison Police Department.

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

B-106 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of May 8, 2001 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of May 8, 2001.

B-107 RUSSEL GRECO
Russel Greco, a former Assistant Police Surgeon with the City of Newark, represented by Anthony J. Fusco, Jr., Esq., petitions the Merit System Board for interim relief of his indefinite suspension, effective June 12, 2000.

ACTION: The Merit System Board granted the request in part.

B-108 THELMAN THOMAS
Thelman Thomas, a Custodial Worker with the Newark School District, represented by Norman A. Doyle, Jr., Esq., petitions for interim relief of his removal, effective March 19, 2001, pending the outcome of his hearing at the Office of Administrative Law.

ACTION: The Merit System Board denied the request.

B-109 JAMES L. MONROE, SR.
The Department of Corrections (DOC) appeals the decision of Selection Services which found that it did not present a sufficient basis to remove James L. Monroe, Sr.'s name from the Correction Officer Recruit (S9999W) eligible list on the basis of an unsatisfactory employment history and criminal record. Additionally, James L. Monroe, Sr., appeals the decision of Selection Services which found that the County of Burlington had presented a sufficient basis to remove his name from the Juvenile Detention Officer (S9999W) eligible list. This matter was held over from the March 27, 2001 Merit System Board meeting.

ACTION: The Merit System Board granted the appeal of the Department of Corrections and directed that the eligible's name be remove from the Correction Officer Recruit (S9999W) eligible list and Juvenile Detention Officer (S9999W) eligible list. The Merit System Board directed that the appeal of James L. Monroe, Sr. be denied.

B-110 CAMILLA JOHNSON (AMENDED SETTLEMENT)
The County of Middlesex and Camilla Johnson request acknowledgement of an amended settlement agreement that modifies an earlier settlement and fully resolves the matter of Ms. Johnson's appeal of her August 28, 1997 removal from the Middlesex County Department of Human Services and the issue of approved pension service time. This matter was held over from the February 14, 2001 Merit System Board meeting.

ACTION: The Merit System Board acknowledged the amended settlement.

B-111 HAROLD HOWELL
The appeal of Harold Howell, a Cottage Training Technician at Woodbine Developmental Center, Department of Human Services (DHS), of his removal, effective March 3, 1999 on charges, was heard by Administrative Law Judge Lillard E. Law (ALJ), who rendered his initial decision on February 28, 2001, reversing the removal. At its meeting on April 24, 2001, the Board adopted 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-112 DIANE DALTON
Diane Dalton appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Principal Data Control Clerk (PC1434W), Atlantic County.

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

B-113 MONTCLAIR STATE UNIVERSITY AND THE KATZENBACH SCHOOL, NEW JERSEY DEPARTMENT OF EDUCATION
The Director, Division of Human Resource Management, requests retroactive non-competitive appointments for 13 employees of Montclair State University and the Katzenbach School, New Jersey Department of Education, for seniority purposes only in accordance with N.J.A.C. 4A:4-1.10(c).

ACTION: The Merit System Board granted the request.

B-114 EARLY SETTLEMENTS
Mark Ennas
Woodbine Developmental Center
Department of Human Services
Removal

Juan Castano-Cortes
Edna Mahan Correctional Facility for Women
Department of Corrections
30-day suspension

ACTION: The Merit System Board acknowledged the settlements.

B-115 SALARY REGULATIONS, SUPPLEMENT 3: FY 2001
It is recommended that the Salary Regulations, Supplement 3, for Fiscal Year 2001, Special Programs for the State Police be recorded by the Merit System Board.

ACTION: The Merit System Board recorded the Salary Regulations.

There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, June 12, 2001, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
JANICE MITCHELL MINTZ
COMMISSIONER
MERIT SYSTEM BOARD