Janice Mitchell Mintz, Chairwoman Alan Dexter Bowman Margaret E. L. Howard Judith L. Shaw A regular meeting of the Merit System Board was held on Tuesday, December 4, 2001, in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz, Merit System Board Members, Alan Dexter Bowman, Margaret E.L. Howard, and Judith L. Shaw; Barbara Bereski, 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.
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.
To: Janice Mitchell Mintz, Commissioner Department of Personnel
Henry Maurer, Director Merit System Practices and Labor Relations
From: Marjorie Schwartz, Director Division of Human Resource Management
Subject: Change in the State Classification Plan
Date: November 13, 2001
DEPARTMENT OF LAW AND PUBLIC SAFETY The Department of Law and Public Safety, Office of the Attorney General, requests that the following two positions be reallocated to the Senior Executive Service. The positions function in managerial roles as Deputy Directors and have responsibility for directing the activities of personnel, program management and substantial budgets and grants. The Department of Law and Public Safety states that allocating these positions to the Senior Executive Service properly reflects the level of management and policy-making authority exercised by each position.
Position #070358 directs the activities of the Grants Management Office. In this capacity, it is responsible for the coordination and investigative oversight of 50 major federal and state grant programs totaling over $100 million annually. This position provides fiscal recommendations to senior administrative and investigative staff regarding the development of grant program plans. In addition, the position is also responsible for program/fiscal reporting to federal agencies for four major grants totaling $67 million dollars.
Position #002309 has responsibility for planning, organizing and directing the Employee Assistance Program for Department employees and their dependents. It supervises six employees and oversees a budget of two million dollars. This position provides consultation to the Attorney General and managerial staff, and the Chief Administrative Officers of the 10 divisions within the Department. In this capacity, this position supervises a program that has an affect on the health and safety of 9,000 employees and impacts external agencies.
Based on the above, it is recommend that these two positions be allocated to the Senior Executive Service.
Reallocation of Service: Effective: November 4, 2000
Position - #070358 Position- #070358
From: To: Chief Investigator, L.&P.S. Senior Executive Service M32-33860 - NC M98-90762 - U
Position- #002309 Position- #002309
From: To: Chief Investigator, L.&P.S. Senior Executive Service M32-33860 - NC M98-90762 - U
SECTION A - HEARING MATTERS A-1 SETTLEMENTS In the Matter of Tyra Davis County of Burlington Juvenile Detention Center Removal
In the Matter of William O. Davis Rowan University Suspension
In the Matter of Robert Javick County of Union Department of Public Safety Suspensions (2)
In the Matter of Adam Lisowski County of Mercer Department of Public Safety Removal
In the Matter of Dennis Nagy Borough of Carteret Police Department Demotion and Removal
In the Matter of Ira Phillips City of Plainfield Department of Public Works and Urban Development Suspension
In the Matter of Lance Spencer County of Burlington County Jail Demotions (3)
In the Matter of Robert Scouler City of Camden Development and Planning Department Suspension
In the Matter of Thomas Zielinski County of Hudson Juvenile Detention Center Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements with the exception of Dennis Nagy, which was held over.
A-2 DANIEL A. FORLENZO Daniel A. Forlenzo, Engineer in Charge of Maintenance I, Northern State Prison, Department of Corrections, six-month suspension on the charge of job abandonment (absent from work without permission for five consecutive work days).
Recommendation of the Administrative Law Judge - Reverse the six-month suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-3 JAMIE GIEDOSH Jamie Giedosh, Senior Stock Clerk, Rowan University, ten-day suspension on the charge of chronic or excessive absenteeism.
Recommendation of the Administrative Law Judge - Uphold the ten-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-4 ERIC ZIMMERMAN Eric Zimmerman appeals the removal of his name from the eligible list for Juvenile Detention Officer (C6348S), Passaic County based on an unsatisfactory employment history.
Recommendation of the Administrative Law Judge - Uphold the removal from the eligible list.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-5 GUILIO CAVALLARO
Guilio Cavallaro, Police Officer, City of Newark, Police Department, removal effective March 19 1998, on the charge of violation of Department rules and regulations regarding obedience to orders.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-6 ARLENE KUSEL Arlene Kusel, Custodial Worker, Jersey City School District, removal effective July 23, 1998, on the charge of chronic and excessive absenteeism.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-7 TONI HILSIN (REMAND) Toni Hilsin, Environmental Specialist, Department of Environmental Protection, layoff effective July 8, 1994.
Recommendation of the Administrative Law Judge - Reverse the layoff.
ACTION: The Merit System Board directed that this matter be held over due to a lack of quorum.
A-8 KENNETH DAVIS Kenneth Davis, Human Services Assistant, Trenton Psychiatric Hospital, Department of Human Services, 30-day suspension on the charge of neglect of duty which could result in danger to persons. This matter was held over from the Merit System Board meeting of November 8, 2001.
Recommendation of the Administrative Law Judge - Reverse the 30-day suspension.
ACTION: A motion was made to affirm the recommendation of the Administrative Law Judge.
VOTE: |
Janice Mitchell Mintz |
(No) |
|
Alan Dexter Bowman |
(Yes) |
|
Margaret E. L. Howard |
(Yes) |
|
Judith L. Shaw |
(No) |
The motion did not carry. Therefore, the initial decision was deemed approved.
A-9 PATRICIA GRAVES (CONSOLIDATION) Patricia Graves, Head Cottage Training Supervisor, Woodbridge Developmental Center, Department of Human Services, demotion on the charge of inability to perform duties.
Recommendation of the Administrative Law Judge - Adopt the order of consolidation and predominant interest and acknowledge the settlement.
ACTION: The Merit System Board adopted the order of consolidation and predominant interest and acknowledged the settlement.
A-10 CLIFFORD JOHNSON Clifford Johnson, Sanitation Driver, City of Long Branch, Department of Public Works and Parks, 20-day suspension on the charge of other sufficient cause. This matter was held over from the Merit System Board meeting of November 8, 2001.
Recommendation of the Administrative Law Judge - Reverse the 20-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-11 JOSEPH MCCORMICK
Joseph McCormick, Police Officer, Township of Lawrence, Department of Public Safety, ten-day suspension on charges of violation of various Police Department rules, inter alia, performance of duty, neglect of duty, obedience to laws and regulations, inattention to duty. This matter was held over from the Merit System Board meeting of November 20, 2001.
Recommendation of the Administrative Law Judge - Modify the ten-day suspension to a written reprimand.
ACTION: The Merit System Board reversed the recommendation of the Administrative Law Judge, and upheld the ten-day suspension.
A-12 JOHN WILLIAMS John Williams, Human Services Technician, Ancora Psychiatric Hospital, Department of Human Services, 30-day suspension on the charge of possession of alcoholic beverages while on state property. This matter was held over from the Merit System Board meeting October 23, 2001.
Recommendation of the Administrative Law Judge - Reverse the 30-day suspension.
ACTION: The Merit System Board reversed the recommendation of the Administrative Law Judge, and upheld the 30-day suspension.
SECTION B -MISCELLANEOUS MATTERS B-1 CHERNAY ALLEN Chernay Allen appeals her rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove her name from the eligible list for Correction Officer Recruit on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-2 DANA DOLAN Dana Dolan appeals her rejection as a Sheriff's Officer candidate by the County of Ocean and its request to remove her name from the eligible list for Sheriff's 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 JON LIONE Jon Lione, represented by Michael L. Prigoff, Esq., appeals his rejection as a Sheriff's Officer candidate by the County of Hudson and its request to remove his name from the eligible list for Sheriff's Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be granted.
B-4 JOSEPH PIGA Joseph Piga, represented by Anthony N. Palumbo, Esq., appeals his rejection as a Police Officer candidate by the City of Elizabeth 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 NICOLE SCOTT Nicole Scott appeals her rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove her name from the eligible list for Correction Officer Recruit on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-6 EVELYN AMATO Evelyn Amato, a Secretarial Assistant 3, Non-Stenographer, at Rowan University, appeals the denial of sick leave (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-7 ROBERT B. BAXTER Robert B Baxter, a Senior Correction Officer at the Mountainview Youth Correctional Facility, Department of Corrections, represented by Maureen A. Coyle-Martyak, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-8 MILDRED BELL Mildred Bell, an Office Supervisor 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-9 JERRY FLOUNOY Jerry Flounoy, a Senior Building Maintenance Worker with 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-10 THOMAS FRANCIS Thomas Francis, a Human Services Assistant 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-11 EDWIN GOLDBERG Edwin Goldberg, a Vocational Rehabilitation Counselor 2 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 granted.
B-12 SYLVIA GREGGS Sylvia Greggs, a Practical Nurse working at the 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 granted.
B-13 MERCIA LOUIS JEAN Mercia Louis Jean, a Human Services Assistant, at 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 denied.
B-14 KEVIN JONES Kevin Jones, a Teacher 3, 12 Months, at the Arthur Brisbane Child Treatment 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-15 MARK A. JONES Mark A. Jones, a Senior Correction Officer with Northern State Prison, 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-16 MARCIA J. KOOKER Marcia J. Kooker, a Financial Examiner 2 with the Department of Banking and Insurance, represented by Howard J. Heald, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-17 ZAKIA TWEEDY Zakia Tweedy, a Senior Correction Officer at Northern State Prison, 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-18 DONALD WERNIK Donald Wernik, a Senior Correction Officer at Southern State Correctional Facility, Department of Corrections, represented by Howard J. Heald, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-19 CATHERINE A. BROWN Catherine A. Brown appeals the removal of her name from the Truck Driver, Single Axle (PS9363T), Department of Transportation promotional list, due to the appellant's failure to respond to three separate certification notices.
ACTION: The Merit System Board directed that this appeal be denied.
B-20 JAMILLAH CUPE Jamillah Cupe appeals the decision of the Department of Corrections (DOC) to remove her name from the Correction Officer Recruit (S9999A) eligible list, due to an unsatisfactory background report.
ACTION: The Merit System Board directed that this appeal be granted.
B-21 ANDREW DARLING Andrew Darling appeals the decision of Selection Services which removed the appellant's name from the County Corrections Officer (S9999A), County of Morris eligible list, due to the appellant's failure to respond to the certification notice.
ACTION: The Merit System Board directed that this appeal be denied.
B-22 LLOYD M. LOVELL Lloyd M. Lovell, represented by Genora Rosypal, Esq., appeals the decision of Selection Services which upheld the removal of the appellant's name from the Correction Officer Recruit (S9999A), Department of Corrections, eligible list due to an unsatisfactory criminal record.
ACTION: The Merit System Board directed that this appeal be granted.
B-23 DANIEL O'GORMAN
Daniel O'Gorman appeals the decision of Human Resource Information Services (HRIS) which found that the appointing authority had presented a sufficient basis to remove name from the eligible list for Construction Official (S60730), Department of Community Affairs, on the basis of his failure to respond to the certification notice.
ACTION: The Merit System Board directed that this appeal be denied.
B-24 KASSIEM ROBINSON Kassiem Robinson, represented by Joseph Carmen, 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 (S9999A), Camden County, on the basis of an unsatisfactory criminal record.
ACTION: The Merit System Board directed that this appeal be denied.
B-25 JOSEPH V. WATSON Joseph V. Watson appeals the attached decision of Selection Services, which found that the appointing authority has presented a sufficient basis to remove the appellant's name from the Fire Fighter (M2078A), City of Passaic eligible list, as a result of the falsification of his employment application.
ACTION: The Merit System Board directed that this appeal be denied.
B-26 ELLEN EISENBERG Ellen Eisenberg, a Staff Clinical Psychologist 3 at Ancora Psychiatric Hospital, Department of Human Services (DHS), appeals the determination of the DHS stating that the appellant failed to present sufficient evidence to support a finding that she had been retaliated against in violation of the New Jersey State Policy Prohibiting Discrimination, Harassment, or Hostile Environments in the Workplace.
ACTION: The Merit System Board directed that this appeal be denied.
B-27 TROY PITTS Troy Pitts, a Correction Sergeant at South Woods State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division, with the DOC, stating that he had failed to present sufficient evidence to support a finding that he had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.
ACTION: The Merit System Board directed that this appeal be denied.
B-28 STEPHANIE RATLIFF Stephanie Ratliff, a Senior Correction Officer at Edna Mahan Correctional Facility for Women, Department of Corrections (DOC), appeals the determinations of the Director, Equal Employment Division, with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.
ACTION: The Merit System Board directed that this appeal be denied.
B-29 ERIN DAVIS-FIELDS Erin Davis-Fields, a Family Service Specialist 2 at the Division of Youth and Family Services, Department of Human Services, appeals the determination of the Assistant Commissioner for Human Resources, denying her request for reasonable accommodations.
ACTION: The Merit System Board directed that this appeal be denied.
B-30 WAYNE CASSIDY The Department of Corrections request reconsideration of the Merit System Board decision, In the Matter of Wayne Cassidy (MSB, decided August 28, 2001), which granted his request for sick leave injury (SLI) benefits.
ACTION: The Merit System Board granted the request for reconsideration, but affirmed the prior decision.
B-31 KENNETH FREEMAN The Department of Corrections petitions the Merit System Board for reconsideration of the final administrative decision, rendered July 10, 2001, reversing the 15-day suspension of Kenneth Freeman, a Senior Investigator, Secured Facilities.
ACTION: The Merit System Board denied the request for reconsideration.
B-32 REGINALD LEVEN The Department of Corrections, represented by Jennifer Chianese, Law Assistant, petitions the Merit System Board (Board) for reconsideration of that portion of the final administrative decision, rendered on May 22, 2001, which reversed a three-day suspension imposed against Reginald Leven. Leven also petitions the Board for reconsideration of that portion of the May 22, 2001 Board decision which found that he failed to satisfy his burden of proof that he was a victim of retaliation.
ACTION: The Merit System Board denied both requests for reconsideration.
B-33 ELDRIDGE LORE The Department of Correction (DOC), represented by Jennifer Chianese, Law Assistant, requests reconsideration of the decision of the Merit System Board (Board), rendered June 26, 2001, which modified the removal of Eldridge Lore, a Crew Supervisor, Electricians, to a six-month suspension. The DOC also petitions the Board for a stay of that portion of the Board's order granting him back pay, benefits, and seniority for the period following his suspension.
ACTION: The Merit System Board denied the request for reconsideration, and dismissed the request for a stay as moot.
B-34 ANA DAVIS Ana Davis, a former Human Services Assistant at New Lisbon Developmental Center, Department of Human Services, appeals her resignation in good standing.
ACTION: The Merit System Board directed that this appeal be denied.
B-35 DEDRIA RAY-BROWN Dedria Ray-Brown, a Principal Clerk Typist with the Department of Health and Senior Services, represented by Jim Mulholland, Staff Representative, CWA Local 1034, appeals her resignation in good standing.
ACTION: The Merit System Board directed that this appeal be denied.
B-36 RALPH CIOFFI The Superior Court, Appellate Division, has reversed and remanded the February 1, 2000 Merit System Board determination that, upon the abolishment of the Hudson County Police Department, Ralph Cioffi was not entitled to transfer to the Hudson County Sheriff's Office.
ACTION: The Merit System Board granted a hearing.
B-37 ESTERMARIE HONEYWELL, ELAINE O'CONNOR AND BRIDGET WILEY-MAJOR Victoria Carson, Staff Representative, Local 1037, Communications Workers of America (CWA), on behalf of Estermarie Honeywell, Elaine O'Connor and Bridget Wiley-Major, complains that the promotional examination announcement for Support Services Representative 1 (PS9818T), Department of Transportation, was improperly posted resulting in the untimely filing of their applications.
ACTION: The Merit System Board directed that these appeals be denied.
B-38 SANDRA ROSOFF Sandra Rosoff, represented by Stephen P. Weissman, Esq., petitions the Merit System Board for a hearing in regard to her termination from her provisional appointment as a Medical Social Care Specialist 1, Medical Assistance and Health Services, Senior Initiatives, with the Department of Health and Senior Services.
ACTION: The Merit System Board directed that this request be denied.
B-39 CESAR MUNOZ The City of Newark, represented by Desha L. Jackson, Assistant Corporation Counsel, and Cesar Munoz, represented by Scot D. Rosenthal, Esq., seek acknowledgment of a settlement providing Munoz with an appointment as a Police Officer.
ACTION: The Merit System Board acknowledged the settlement.
B-40 BENJAMIN ZAKRZEWSKI The City of Jersey City, represented by Paul W. Mackey, First Assistant Corporation Counsel, and Benjamin Zakrzewski seek acknowledgment of a settlement agreement, which provides Zakrzewski with an appointment from the Police Officer (M33382Z), Jersey City eligible list.
ACTION: The Merit System Board acknowledged the settlement.
B-41 VERONICA CASSIDY The appeal of Veronica Cassidy, a School Bus Driver with the Brick Township School District, of her suspension, beginning January 24, 2000, and removal, effective February 4, 2000, on charges, was heard by Administrative Law Judge Bernard Goldberg (ALJ), who rendered his initial decision on September 13, 2001. The Merit System Board (Board), at its meeting on October 23, 2001, adopted the ALJ's recommendation to uphold the removal. 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-42 CHRISTOPHER GIALANELLA The appeal of Christopher Gialanella, a Police Officer with the City of Newark, concerning his release at the end of the working test period effective July 23, 1999, was heard by Administrative Law Judge Robert J. Giordano (ALJ), who rendered his initial decision on July 31, 2001, reversing the release and granting a new, shortened two-month working test period. At its meeting of October 23, 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 directed that this matter be held over.
B-43 JORGE PORRES The appeal of Jorge Porres, Police Officer, City of Union city, of his removal effective January 14, 2000 on charges, was heard by Administrative Law Judge Robert J. Giordano (ALJ), who rendered his initial decision on July 6, 2001. At its meeting on October 23, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to reverse the removal. 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-44 ANTHONY D. PREVITE The appeal of Anthony D. Previte, a Police Officer with the City of New Brunswick, of two six-day suspensions on charges, was heard by Administrative Law Judge M. Kathleen Duncan (ALJ), who rendered her initial decision on September 13, 2001. At its meeting on October 23, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to uphold the appellant's two six-day suspensions. 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-45 SILAS SMITH The appeal of Silas Smith, a Police Officer with the city of Newark, concerning his release at the end of the working test period effective July 23, 1999, was heard by Administrative Law Judge Robert J. Giordano (ALJ), who rendered his initial decision on July 31, 2001, reversing the release and granting a new, shortened two-month working test period. At its meeting of October 23, 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 directed that this matter be held over.
B-46 ANTHONY VENANCIO The appeal of Anthony Venancio, a Police Officer with the City of Newark, concerning his release at the end of the working test period effective July 23, 1999, was heard by Administrative Law Judge Robert J. Giordano (ALJ), who rendered his initial decision on July 31, 2001, reversing the release and granting a new, shortened two-month working test period. At its meeting of October 23, 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 directed that this matter be held over.
B-47 GLORIA P. ALSTON Gloria P. Alston appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for the promotional examination for Senior Standards & Procedures Technician (PS3167K), Department of Human Services.
ACTION: The Merit System Board directed that this appeal be granted.
B-48 JOVANNA BARRETT, ET AL. Jovanna Barrett, Gwendolyn J. Dixon, Michelle Ryans, Janet. R. Vaughn and Michelle Williamson appeal the determination of the Division of Selection Services which found that they did not meet the minimum experience requirements for the promotional examination for Secretarial Assistant 3, (Non-Stenographic), (PS8795K), Division of Youth & Family Services/Central Office.
ACTION: The Merit System Board directed that these appeals be denied.
B-49 KATHLEEN BELKNAP, ET AL. Kathleen Belknap, Francia Benavides and James Moeller appeal their ineligibility for the open-competitive examination for Weights and Measures Inspector 3 (S6438C), Department of Law and Public Safety.
ACTION: The Merit System Board directed that these appeals be denied.
B-50 GRACIELA MEDINA Graciela Medina appeals the determination of the Division of Selection Services which found her ineligible for the promotional examination for Secretarial Assistant 3 (Non-Stenographic) (PS2601K), Department of Human Services, Division of Developmental Disabilities.
ACTION: The Merit System Board directed that this appeal be denied.
B-51 ROLAND W. PHIFER Roland W. Phifer appeals the determination of the Division of Selection Services which found that he was ineligible to sit for the second part of a two-part examination for the title of Deputy Director of Welfare (PS6050B), Burlington County.
ACTION: The Merit System Board directed that this appeal be denied.
B-52 MICHAEL PISANI Michael Pisani appeals the determination of the Division of Selection Services that found that he did not meet the education requirements for the promotional examination for Section Chief (Technical/Scientific/Engineering) (PS0209G), Department of Environmental Protection.
ACTION: The Merit System Board directed that this appeal be denied.
B-53 KARIM SAWERIS Karim Saweris appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Senior Field Representative Housing (Code Enforcement) (PS0601D), Department of Community Affairs.
ACTION: The Merit System Board directed that this appeal be denied.
B-54 ROBERT WEAVER Robert Weaver appeals the determination of the Division of Selection Services which found that appellant did not meet the experience requirements for the promotional examination for General Supervisor, Parks (PM1734B), Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-55 DARIN WILLIAMSON, ET AL. Darin Williamson (PM2516C), Elizabeth; Vincent Buda (PM2517C), Fort Lee; Kenneth Kalinowski and Gary Marcinkowksi (PM2519C), Hamilton; Robert Erisman (PM2528C), Mount Laurel; Daniel Dominguez (PM2529C), New Brunswick; Vanessa Johnson and Joseph Juliano (PM2530C), Newark; Tyrone Rolls (PM2532C), Ocean City; Keith Kimkowski (PM2540C), Vernon; and Monica Brower-Coursey (PM2547C), Atlantic City; appeal the determination of the Division of Selection Services which found them ineligible for the promotional examination for Police Sergeant.
ACTION: The Merit System Board directed that these appeals be denied.
B-56 GABRIEL ABOYOUN Gabriel Aboyoun appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-57 CARLOS ABREU Carlos Abreu appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-58 JOHN ALEXANDER John Alexander appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-59 HECTOR ALMEYDA Hector Almeyda, represented by Kevin Sisco, Esq., appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-60 JOHN BRADLE John Bradle appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-61 GLENN CALAMITA Glenn Calamita, represented by Joseph Afflitto, Jr., Esq., appeals his score for the examination for the first level fire Captain (PM3593A), Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-62 SHAWN DALY Shawn Daly appeals his score for the examination for the first level Fire Captain (PM3624A), Millburn.
ACTION: The Merit System Board directed that this appeal be denied.
B-63 ATLON DICKSON Atlon Dickson appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-64 ROBERT ECHAVARRIA Robert Echavarria appeals his score for the examination for the first level Fire Captain (PM3624A), Millburn.
ACTION: The Merit System Board directed that this appeal be denied.
B-65 SCOTT FARRAR Scott Farrar appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-66 ROBERT GARDNER Robert Gardner appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson
ACTION: The Merit System Board directed that this appeal be denied.
B-67 JOSEPH HENDERSON Joseph Henderson appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-68 MATTHEW HYMAN Matthew Hyman appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-69 DONN LANGEVIN Donn Langevin appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-70 LEON MONDELLI Leon Mondelli appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-71 VITO MANGANI, JR. Vito Mangani, Jr., represented by Thomas Portelli, Esq., appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-72 BRIAN MCDERMOTT Brian McDermott appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-73 GEORGE PEREZ George Perez, represented by Vincenza Leonelli-Spina, Esq., appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-74 THOMAS PIZZANO Thomas Pizzano appeals his score for the examination for the first level Fire Captain (PM3624A), Millburn.
ACTION: The Merit System Board directed that this appeal be denied.
B-75 BRUCE POLLOCK Bruce Pollock appeals his score for the examination for the first level Fire Captain (PM3624A), Millburn.
ACTION: The Merit System Board directed that this appeal be denied.
B-76 ARTHUR REDA Arthur Reda appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-77 ANDREW SELBY Andrew Selby, represented by Kevin Sisco, Esq., appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-78 LAD BELL Lad Bell appeals his score for the examination for the second level Fire Captain (PM3630A), Teaneck.
ACTION: The Merit System Board directed that this appeal be denied.
B-79 EUGENE BORA, JR. Eugene Bora, Jr. appeals his score for the examination for the second level Fire Captain (PM3524B), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-80 THOMAS CALLAHAN Thomas Callahan appeals his score for the examination for the second level Fire Captain (PM3524B), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-81 DANIEL COMPOFELICE Daniel Compofelice appeals his score for the examination for the second level Fire Captain (PM3637A), Union Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-82 KENNETH FAUST Kenneth Faust appeals his score for the examination for the second level Fire Captain (PM3596A), New Brunswick.
ACTION: The Merit System Board directed that this appeal be denied.
B-83 PHILIP FRANCIS Philip Francis appeals his score for the examination for the second level Fire Captain (PM3627A), Ridgewood.
ACTION: The Merit System Board directed that this appeal be denied.
B-84 STEPHEN FURDA Stephen Furda appeals his score for the examination for the second level Fire Captain (PM3622A), Irvington.
ACTION: The Merit System Board directed that this appeal be denied.
B-85 WILLIAM GALANTINO William Galantino appeals his score for the examination for the second level Fire Captain (PM3629A), South Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-86 THOMAS HOFFMAN Thomas Hoffman appeals his score for the examination for the second level Fire Captain (PM3628A), Roselle.
ACTION: The Merit System Board directed that this appeal be denied.
B-87 ROBERT HOOGMOED, JR. Robert Hoogmoed, Jr. appeals his score for the examination for the second level Fire Captain (PM3618A), Clifton.
ACTION: The Merit System Board directed that this appeal be denied.
B-88 JOHN LYNN John Lynn appeals his score for the examination for the second level Fire Captain (PM3628A), Roselle.
ACTION: The Merit System Board directed that this appeal be denied.
B-89 KENNETH MAAT Kenneth Maat appeals his score for the examination for the second level Fire Captain (PM3618A), Clifton.
ACTION: The Merit System Board directed that this appeal be denied.
B-90 THOMAS MALKINSKI Thomas Malkinski, represented by Eugene Tazzetto, Esq., appeals his score for the second level Fire Captain (PM3634A), Bloomfield.
ACTION: The Merit System Board directed that this appeal be denied.
B-91 MICHAEL MCCUE Michael McCue appeals his score for the examination for the second level Fire Captain (PM3594A), Plainfield.
ACTION: The Merit System Board directed that this appeal be denied.
B-92 WILLIAM MULLIGAN William Mulligan appeals his score for the examination for the second level Fire Captain (PM3622A), Irvington.
ACTION: The Merit System Board directed that this appeal be denied.
B-93 ANTHONY PIROZZOLI Anthony Pirozzoli appeals his score for the examination for the second level Fire Captain (PM3524B), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-94 MATTHEW WAGNER Matthew Wagner appeals his score for the examination for the second level Fire Captain (PM3620A), Hackensack.
ACTION: The Merit System Board directed that this appeal be denied.
B-95 DEAN WOURNELL Dean Wournell appeals his score for the examination for the second level Fire Captain (PM3596A), New Brunswick.
ACTION: The Merit System Board directed that this appeal be denied.
B-96 CHRISTOPHER BAUMGARTEL Christopher Baumgartel appeals his score on the examination for Fire Lieutenant (PM2509B), Margate City.
ACTION: The Merit System Board directed that this appeal be denied.
B-97 JAMES HILTNER James Hiltner appeals his score on the examination for the Fire Lieutenant (PM2509B), Margate City.
ACTION: The Merit System Board directed that this appeal be denied.
B-98 ANTHONY MALFATTO Anthony Malfatto appeals his score on the examination for Fire Lieutenant (PM2629A), Bloomfield.
ACTION: The Merit System Board directed that this appeal be denied.
B-99 MARGARET L. CALVANO Margaret L. Calvano appeals the determination of the Division of Selection Services which found that she was ineligible for the promotional examination for Unemployment Insurance Clerk (PS3482N), Department of Labor due to her lack of the required amount of permanent status in the title to which the examination was open.
ACTION: The Merit System Board directed that this appeal be denied.
B-100 KENNETH HOUSTON Kenneth Houston requests a make-up examination for County Correction Lieutenant (PC2516B), Union County.
ACTION: The Merit System Board directed that this request be denied.
B-101 BELINDA D. SMITH Belinda D. Smith appeals the administration and a portion of the test content of the promotional examination for Management Improvement Specialist 1 (PS0846I), Department of Corrections.
ACTION: The Merit System Board directed that this appeal be denied.
B-102 MERIT SYSTEM BOARD MINUTES The Merit System Board Minutes for the meeting of October 23, 2001 are submitted for adoption.
ACTION: The Merit System Board directed that this matter be held over.
B-103 MERIT SYSTEM BOARD MINUTES The Merit System Board Minutes for the meeting of November 20, 2001 are submitted for adoption.
ACTION: The Merit System Board directed that this matter be held over.
B-104 PROPOSED AMENDMENTS TO N.J.A.C. 4A:7-1.1 ET SEQ. It is recommended that the proposed amendments to N.J.A.C. 4A:7-1.1 et seq., which would codify the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace, continue to ensure equal employment opportunity in State service and implement changes based on recent, significant developments in discrimination law be adopted without change.
ACTION: The Merit System Board adopted the proposed amendments.
B-105 NORMAN HART The appeal of Norman Hart, a County Correction Officer with Camden County, of his removal effective May 11, 1999 on charges, was heard by Administrative Law Judge Joseph F. Martone (ALJ), who rendered his initial decision on July 26, 2001, reversing the removal. At its meeting on November 8, 2001, the Board did not adopt the ALJ's recommendation. Rather, the Board upheld the removal. 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 |
(Abstained) |
|
Margaret E. L. Howard |
(Yes) |
|
Judith L. Shaw |
(Yes) |
B-106 KEITH JOHNSON The appeals of Keith Johnson, a Police Sergeant with the City of Camden Police Department, of his demotion and removals, effective January 12, 1999, on charges, was heard by Acting Chief Administrative Law Judge Jeff S. Masin (ALJ), who rendered his initial decision on October 4, 2001. At its meeting on November 8, 2001, the Merit System Board adopted the ALJ's recommendation to uphold the removals. Additionally, the Board upheld the demotion. 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 |
(Abstained) |
|
Margaret E. L. Howard |
(Yes) |
|
Judith L. Shaw |
(Yes) |
B-107 GAIL MURRAY The appeal of Gail Murray, Human Services Assistant, Woodbine Developmental Center, Department of Human Services, of her removals on charges, was heard by Administrative Law Judge Edgar R. Holmes (ALJ), who rendered his initial decision on June 8, 2001. At its meeting on November 8, 2001, the board, on its own motion granted reconsideration of its prior decision. The Board adopted the ALJ's recommendation to reverse the removal based on the charge of physical abuse of a client but modified the second removal based on the charge of leaving an assigned work area without permission, creating a danger to person, to a six-month suspension. 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 |
(Abstained) |
|
Margaret E. L. Howard |
(Yes) |
|
Judith L. Shaw |
(Yes) |
B-108 GEORGE POLLOCK The appeal of George Pollock, General Supervisor Building Services, Atlantic County Department of Public Works, of his removal, effective September 21, 1999, on charges, was heard by Administrative Law Judge John R. Tassini (ALJ), who rendered his initial decision on October 2, 2001. At its meeting on November 8, 2001, the Merit System Board (Board) did not adopt the ALJ's recommendation to uphold the removal. Rather, the Board concluded that a 30-day suspension was warranted. 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-109 MARGE ROSA The appeal of Marge Rosa, a Police Officer with the City of Newark, of her removal, effective June 14, 1999, based on her failure to successfully complete police academy training, was considered by Margaret M. Hayden (ALJ), who rendered her initial decision on August 2, 2001, upholding the removal. In that decision, the ALJ also consolidated the matter with the appellant's appeal to the Police Training Commission (PTC) of her dismissal from the police academy and determined that the PTC had the predominant interest. At its meeting on November 8, 2001, the Board adopted ALJ's recommendation to uphold the removal. The Board also adopted the ALJ's order of consolidation and predominant interest. 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 |
(Abstained) |
|
Margaret E. L. Howard |
(Yes) |
|
Judith L. Shaw |
(Yes) |
B-110 JAMES CLYBURN AND JOHN SELLITO The appeals of James Clyburn and John Sellito, both Police Officer with the Township of Irvington, of their removals, effective December 17, 1996, on charges, were before Administrative Law Judge Ken R. Springer (ALJ), who rendered his initial decision on September 10, 2001. At its meeting on November 20, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to reverse the removals. 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-111 MICHAEL GATEWOOD The appeal of Michael Gatewood, a Laborer, City of Atlantic City, Department of Public Works, of his removal, effective September 29, 2000, was heard by Administrative Law Judge Edgar R. Holmes (ALJ), who rendered his initial decision on October 18, 2001. At its meeting on November 20, 2001, the Merit System Board (Board) adopted the ALJ's recommendation that the removal be reversed. The proposed final decision is now submitted to the Board's review.
ACTION: The Merit System Board directed that this matter be held over.
B-112 CHARLES KING The appeal of Charles King, Police Officer, City of Long Branch, of his suspension of 331/2 days beginning on June 7, 2000 on charges, was heard by Administrative Law Judge Steven C. Reback (ALJ), who rendered his initial decision on October 16, 2001. At its meeting on November 20, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to uphold the 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-113 THOMAS MENARD The appeals of Thomas Menard, a Burlington County Correction Sergeant, of his demotion to County Correction Officer, effective May 9, 2000, and his six-day suspension, beginning December 6, 2000, both on charges, were heard by Administrative Law Judge Bruce R. Campbell (ALJ), who rendered his initial decision on October 10, 2001. At its meeting on November 20, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to modify the permanent demotion to a six-month demotion and to modify the six-day suspension to a one-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-114 EARLY SETTLEMENTS Robert Boyer City of Vineland Health Department Resignation not in good standing
Olen Eckeard Woodbine Developmental Center Department of Human Services 30-day suspension
Yolanda George Department of Labor Return to formerly held permanent title at the end of working test period
Debora Kripplebauer Township of Lawrence Department of Public Safety ten-day suspension
Orlando Marquez Division of Youth and Family Services Department of Human Services 15-day suspension
Patricia Richardson Jersey City School District Removal
Gary A. Soltys County of Cape May Sheriff's Department Removal
Nicholas Wallick County of Cape May Crest Haven Nursing Home Release at the end of working test period
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, December 18, 2001, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
______________________________ JANICE MITCHELL MINTZ COMMISSIONER MERIT SYSTEM BOARD
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