Civil Service Commission | Meeting Minutes of February 6, 2013

Robert M. Czech, Chairperson

Robert E. Brenner

Thomas J. Perna

February 6, 2013

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A regular meeting of the Civil Service Commission was held on Wednesday, February 6, 2013, in Trenton, New Jersey.

PRESENT: Robert M. Czech, Chairperson, Members Robert E. Brenner and Thomas J. Perna; Pamela Ullman, Deputy Attorney General; Henry Maurer, Director, Division of Appeals and Regulatory Affairs.

In accordance with L.1975, c.231, the Secretary to the Civil Service Commission 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, 2012, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Shawn Brown

City of Newark

Department of Water and Sewer

Removal

In the Matter of Joseph Butala

Superior Court of New Jersey

Ocean Vicinage

Release at the end of the working test period

In the Matter of Tanniel Clark

Ancora Psychiatric Hospital

Department of Human Services

Removals (2)

In the Matter of Corrie Makovsky

Ramapo College of New Jersey

Release at the end of the working test period

In the Matter of Derenda Pough

North Jersey Developmental Center

Department of Human Services

Removal

In the Matter of Stanton Washington

Adult Diagnostic and Treatment Center

Department of Corrections

Removal

RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENTS

ACTION: The Civil Service Commission acknowledged the settlements.

A-2 ALFRED BLANKS

Alfred Blanks, Senior Correction Officer, East Jersey State Prison, Department of Corrections, 15 working day suspension on the charge of insubordination.

Recommendation of the Administrative Law Judge - Modify the 15 working day suspension to a 10 working day suspension.

ACTION: The Civil Service Commission rejected the recommendation of the Administrative Law Judge and upheld the 15 working day suspension.

VOTE: Robert M. Czech (Abstained)

Robert E. Brenner (Yes)

Thomas Perna (Yes)

A-3 LIONEL DABNEY (REMAND)

Lionel Dabney, Laborer, Atlantic City Municipal Utilities Authority, removal effective June 24, 2011, on charges of insubordination, conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

A-4 DAWN LINTHICUM

Dawn Linthicum, Senior Correction Officer, Bayside State Prison, Department of Corrections, removal effective July 30, 2012, on charges of conduct unbecoming a public employee, other sufficient cause, improper or unauthorized contact with inmate, undue familiarity with inmates, parolees, their families or friends and violation of a rule, regulation, policy, procedure, order, or administrative decision.

Recommendation of the Administrative Law Judge - Modify the removal to 180-day suspension.

ACTION: The Civil Service Commission rejected the recommendation of the Administrative Law Judge and upheld the removal.

SECTION B - MISCELLANEOUS MATTERS

B-1 CHARLES BREITHOFF

Charles Breithoff, a Senior Correction Officer with the Adult Diagnostic and Treatment Center, Department of Corrections, represented by Daniel Geddes, Esq., appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Civil Service Commission directed that this appeal be granted.

B-2 CRAIG CONWAY

Craig Conway, a former Program Development Specialist 1, Corrections with the Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-3 NICOLAS CASTILLO

The Superior Court of New Jersey, Appellate Division, has remanded the Civil Service Commission's decision upholding the removal of Nicolas Castillo.

ACTION: The Civil Service Commission remanded this matter to the Office of Administrative Law.

VOTE: Robert M. Czech (Abstained)

Robert E. Brenner (Yes)

Thomas Perna (Yes)

B-4 ROBERT SCARBOROUGH

The Borough of Woodlynne, on behalf of Robert Scarborough, requests that he be permitted to participate in the intergovernmental transfer program and to complete the remainder of his working test period as a Police Officer with Woodlynne.

ACTION: The Civil Service Commission directed that this request be granted.

B-5 CHRISTINE BARAN

Christine Baran requests that the Civil Service Commission accept her experience to qualify for a prospective promotional examination for the title of Administrative Analyst 1, Department of Law and Public Safety.

ACTION: The Civil Service Commission directed that this request be granted.

B-6 CRAIG CONWAY

Craig Conway, a former Program Development Specialist 1, Corrections with the Department of Corrections, appeals the salary he received when he was returned to his career service title.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-7 REMI LANEY

Remi Laney appeals the decision of the former Division of State and Local Operations, which found that Essex County had presented a sufficient basis to remove the appellant's name from the County Correction Officer (C9979M), Essex County, eligible list.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-8 URSULA CARGILL

Ursula Cargill, a former Education Program Development Specialist 3, with the Department of Education, appeals the determinations of the Commissioner and Acting Commissioner of DOE, 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 in the Workplace (State Policy).

ACTION: The Civil Service Commission directed that these appeals be denied.

B-9 GAYATRI HARIHARAN

Gayatri Hariharan appeals the determination of the former Division of State and Local Operations that her position with the Department of Banking and Insurance is properly classified as an Insurance Analyst 3, Life and Health. The appellant seeks an Insurance Analyst 1, Life and Health job classification.

ACTION: The Civil Service Commission directed that this appeal be granted in part.

B-10 VEENA SINGH

Veena Singh appeals the decision of the Division of Classification and Personnel Management which found that her position with the Department of Banking and Insurance is properly classified as Analyst 1, Research and Evaluation, Health and Senior Services. The appellant seeks a Research Scientist 1 job classification.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-11 PENNY WILLIAMS

Penny Williams appeals the determination of the Division of Classification and Personnel Management that her position with the Department of Community Affairs is properly classified as a Clerk. The appellant seeks a Senior Clerk, Principal Clerk, or Customer Service Representative job classification.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-12 LAWRENCE NORMAN

The appeal of Lawrence Norman, a Police Officer with the City of Camden, of his removal, effective July 8, 2009, on charges, was heard by Administrative Law Judge Dennis P. Blake (ALJ), who rendered his initial decision on August 31, 2012. At its meeting on January 9, 2013, the Civil Service Commission did not adopt the ALJ's recommendation to reverse the removal. Rather, the Commission upheld the appellant's removal. The proposed final decision is now submitted for the Commission's review.

ACTION: The Civil Service Commission adopted the final decision.

B-13 MICHAEL RIOS

The appeal of Michael Rios, a Sheriff's Officer with Passaic County, of his removal, effective July 3, 2012, on charges, was heard by Administrative Law Judge Evelyn J. Marose (ALJ), who rendered her initial decision on December 21, 2012. At its meeting on January 23, 2013, the Civil Service Commission did not adopt the ALJ's recommendation to reverse the removal. Rather, the Commission ordered that the matter be remanded to the Office of Administrative Law. The proposed decision is now submitted for the Commission's review.

ACTION: The Civil Service Commission adopted the decision.

VOTE: Robert M. Czech (Yes)

Robert E. Brenner (Abstained)

Thomas Perna (Yes)

B-14 POLICE SERGEANT, HUMAN SERVICES (PS3751K), DEPARTMENT OF HUMAN SERVICES

The Department of Human Services requests the revival and extension of the eligible list for Police Sergeant, Human Services (PS3751K), Department of Human Services.

ACTION: The Civil Service Commission directed that this request be granted.

B-15 DORIAN HERRILL

Dorian Herrill petitions the Civil Service Commission for reconsideration of the decision rendered on September 19, 2012, which denied his appeal regarding his request for a make-up examination for Battalion Fire Chief (PM0146P), Newark.

ACTION: The Civil Service Commission directed that this request be denied.

B-16 SARAH GENTILE

Sarah Gentile appeals the determination of the Division of Selection Services and Recruitment which found that she was below the minimum requirements in experience for the promotional examination for Standards and Procedures Technician 2 (PS7585G), Department of Environmental Protection.

ACTION: The Civil Service Commission directed that this appeal be granted.

B-17 JOHN HALEY

John Haley appeals the determination of the former Division of Selection Services that he did not meet the experience requirements for the promotional examination for Sign Maker 2 (PC0496P), Middlesex County.

ACTION: The Civil Service Commission directed that this appeal be granted.

B-18 MARY JO JENNINGS

Mary Jo Jennings appeals the determination of the former Division of Selection Services that she did not meet the experience requirements for the open competitive examination for Library Director (M0127P), Garfield.

ACTION: The Civil Service Commission directed that this appeal be granted.

B-19 LYNN MATTEI

Lynn Mattei appeals the determination of the Division of Selection Services and Recruitment which found that, per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Purchasing Agent (PM0239P), Middletown Township.

ACTION: The Civil Service Commission directed that this appeal be granted.

VOTE: Robert M. Czech (Abstained)

Robert E. Brenner (Yes)

Thomas Perna (Yes)

B-20 PROPOSED NEW RULE: N.J.A.C. 4A:4-4.6A AND PROPOSED AMENDMENTS: N.J.A.C. 4A:4-2.8, 2.17, 3.6, 6.1 AND 6.2 (CERTAIN PERSONS RETURNING FROM MILITARY LEAVE)

Submitted for the Commission's approval is a Notice of Proposal for a new rule and amendments intended to implement P.L. 2012, c.49, regarding placement on eligible lists of certain persons returning from military service. This new law addresses situations in which a reservist or a national guard member whose name had been placed on an open competitive eligible list returns from Federal active duty after the list has expired. The remedy provided in the legislation is to give such individuals the opportunity to request, within one year of the list's expiration, placement on an active eligible list for the same title and jurisdiction, utilizing the score he or she had earned for the expired list, for prospective appointment only. Therefore, it is recommended that the proposed new rule and amendments be approved for public notice and comment.

ACTION: The Civil Service Commission approved the proposed new rule and amendments for public notice and comment.

B-21 PROPOSED AMENDMENTS: N.J.A.C. 4A:4-2.15, 4A:6-5.1 AND 5.3 AND 4A:8-2.4 (PERFORMANCE ASSESSMENT REVIEW, FIVE-LEVEL RATING SCALE)

Submitted for the Commission's approval is a Notice of Proposal for amendments modeled upon a successful pilot program pertaining to the PAR program in State service. The amendments would codify a five-level PAR rating system exempting only those employees subject to a union contract providing for a three-level system. Therefore, it is recommended that the proposed amendments be approved for public notice and comment.

ACTION: The Civil Service Commission approved the proposed amendments for public notice and comment.

B-22 PROPOSED NEW RULE: N.J.A.C. 4A:3-3.2A (JOB BANDING) PROPOSED AMENDMENTS: N.J.A.C. 4A:1-1.3; 4A:2-3.7; 4A:3-1.2; 4A:3-2.3, 2.6 AND 2.9; 4A:3-3.2 AND 3.3, 3.5 THROUGH 3.7, AND 3.9; 4A:3-4.9; 4A:4-1.9; 4A:4-2.4 AND 2.5; 4A:4-3.2; 4A:4-5.1; 4A:4-6.3 AND 6.6; 4A:4-7.1, 7.1A, 7.6 AND 7.8; 4A:7-3.1; 4A:8-1.1; 4A:8-2.2; AND 4A:10-1.1

Submitted for the Commission's approval is a Notice of Proposal regarding a new rule and amendments that would establish a job banding program in State and local service. This program would be based on a successful program initiated in the Judiciary and a pilot program now in effect for certain title series at the Civil Service Commission and the Department of the Treasury. The purpose of the program would be to place titles in job bands in order to facilitate employee opportunity and management discretion in advancing employees to higher levels without promotional examination. Therefore, it is recommended that the proposed new rule and amendments be approved for public notice and comment.

ACTION: The Civil Service Commission approved the proposed new rule and amendments for public notice and comment.

B-23 CIVIL SERVICE COMMISSION MINUTES

Submitted for adoption are the Civil Service Commission minutes of its meeting of January 23, 2013.

ACTION: The Civil Service Commission adopted the minutes of its meeting of January 23, 2013.

VOTE: Robert M. Czech (Yes)

Robert E. Brenner (Abstained)

Thomas Perna (Yes)

B-24 APPRENTICE ELECTRICIAN (M2402N), ATLANTIC CITY

The matter of whether Atlantic City should be granted permission not to make an appointment from the February 7, 2012 certification for Apprentice Electrician (M2402N), has been referred to the Civil Service Commission for review.

ACTION: The Civil Service Commission granted an appointment waiver and assessed selection costs in the amount of $2,048.

B-25 REALLOCATION OF STATE, LOCAL AND COMMON TITLES FROM THE COMPETITIVE TO THE NON-COMPETITIVE DIVISION OF THE CAREER SERVICE, PHASE 3

The Division of Classification and Personnel Management (CPM) recommends reallocation of various State, Local and Common titles to the non-competitive division of the career service in accordance with N.J.A.C. 4A:3-1.2. CPM also requests consolidation of several local government titles and one State title and their reallocation to the non-competitive division.

ACTION: The Civil Service Commission directed that this request be granted.

B-26 RAHUL PATEL

Rahul Patel appeals the determination of the Division of Selection Services which found that he failed to meet the announced residency requirement for the Human Services Specialist 1 (C2150N), Passaic County, open competitive examination.

ACTION: The Civil Service Commission directed that this appeal be granted.

B-27 PAULA DEVLIN

Paula Devlin appeals the determination of the Division of Selection Services and Recruitment which found that she did not meet the experience requirements per the substitution clause for education, for the promotional examination for Classification Officer 1 (PS0245I), Edna Mahan Correctional Facility.

ACTION: The Civil Service Commission directed that this appeal be granted.

B-28 DIANA WHEELER

Diana Wheeler appeals the determination of the former Division of Selection Services that she did not meet the education and experience requirements for the promotional examination for Supervisor of Patients Accounts 2 (PS7096K), Department of Human Services.

ACTION: The Civil Service Commission directed that this appeal be granted.

B-29 CHANGE IN CLASSIFICATION PLAN - TITLE INACTIVATION AND VERBIAGE CHANGES

The Division of Classification and Personnel Management requests the inactivation and verbiage changes for the Training Technician title series.

ACTION: The Civil Service Commission directed that this request be granted.

B-30 CHANGE IN CLASSIFICATION PLAN - TITLE CONSOLIDATION

The Division of Classification and Personnel Management requests the consolidation of several Program Development Specialist variant titles.

ACTION: The Civil Service Commission directed that this request be granted.

B-31 CHANGE IN CLASSIFICATION PLAN - TITLE CONSOLIDATION

The Division of Classification and Personnel Management requests the consolidation of various State and Local Veterinary titles.

ACTION: The Civil Service Commission directed that this request be granted.

B-32 EARLY SETTLEMENTS

In the Matter of Katherine Diehl

Department of Environmental Protection

Removal

In the Matter of Tamar Gordon

Department of Military and Veterans' Affairs

Paramus

Release at the end of the working test period

In the Matter of As-Sadaat Jackson

New Jersey City University

Release at the end of the working test period

In the Matter of Glenwood Lattimer, Jr.

Trenton Psychiatric Hospital

Department of Human Services

Removal

ACTION: The Civil Service Commission acknowledged the settlements.

B-33 LAWRENCE NORMAN

Lawrence Norman, represented by Karl N. McConnell, Esq., petitions the Civil Service Commission for a determination with regard to the back pay awarded in the decision In the Matter of Lawrence Norman (CSC, decided February 11, 2009).

ACTION: The Civil Service Commission granted back pay in the amount of $17,705.20, and seniority and benefits.

B-34 FIRE OFFICER 1 (PM2567J), JERSEY CITY

Jersey City requests that the promotional list for Fire Officer 1 (PM2567J), Jersey City be revived in order to make retroactive permanent appointments from the list.

ACTION: The Civil Service Commission directed that this request be granted.

B-35 KEVIN KINGSTON

The appeal of Kevin Kingston, Laborer, Township of Verona, Department of Public Workers, of his 239 working day suspension and removal effective November 12, 2009, on charges, was heard by Administrative Law Judge Sandra Ann Robinson (ALJ), who rendered her initial decision on November 26, 2012. At its meeting on January 23, 2013, the Civil Service Commission modified the ALJ's recommendation to reverse the removal and have the appellant undergo a fitness for duty examination. The proposed decision is now submitted for the Commission's review.

ACTION: The Civil Service Commission adopted the decision.

VOTE: Robert M. Czech (Yes)

Robert E. Brenner (Abstained)

Thomas Perna (Yes)

There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, February 20, 2013, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.