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Rolando Torres, Jr., Chairman
Flavella Branham
John Currie
Margaret E.L. Howard
Robert Long
A regular meeting of the Merit System Board was held on Wednesday December 7, 2005, in Trenton, New Jersey.
PRESENT: Chairman Rolando Torres, Jr., Merit System Board Members, John Currie, Flavella Branham, Margaret E. L. Howard and Robert J. Long; Pamela Ullman, Deputy Attorney General; and Elizabeth Napolitano, Deputy Director, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, Chairman Rolando Torres Jr., 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 December 3, 2004, 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.
SECTION A – HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Salome Bey
Ancora Psychiatric Hospital
Department of Human Services
Removal
In the Matter of Stephen D’Ambrosio
County of Atlantic
Department of Public Safety
Suspension
In the Matter of Amy Harrison
New Jersey State Parole Board
Suspension and Release at the end of the working test period
In the Matter of Elizabeth Jefferson
New Lisbon Developmental Center
Department of Human Services
Suspension
In the Matter of Denise McLaurin
City of Orange
Finance Department
Suspension and Removal
In the Matter of Thomas Porter
City of Jersey City
Police Department
Suspension
In the Matter of Crystal St. Louis
Newark School District
Removal
In the Matter of Brian Sullivan
County of Monmouth
Sheriff’s Office
Suspension
In the Matter of George Washington
Newark School District
Demotion
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES – SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements.
A-2 DENNIS DEVLIN
Dennis Devlin, a former Director of Custody Operations 1, at Mountainview Youth Correctional Facility, Department of Corrections, appealed the determination of the Equal Employment Division, stating that he 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. It is noted that the appellant retired from State service, effective July 31, 2000.
Recommendation of the Administrative Law Judge – Deny the appeal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-3 WILLIAM WILSON
William Wilson, Building Maintenance Worker, County of Camden, Department of Building and Operations, ten-day suspension on charges of insubordination, neglect of duty, conduct unbecoming a public employee and violation of Department policy. This matter was previously presented to the Merit System Board at its regular meeting of November 22, 2005, but was held over for cross exceptions.
Recommendation of the Administrative Law Judge – Uphold the ten-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge. The Board further ordered back pay for September 9, 2004.
A-4 TAMARA ELLIS
Tamara Ellis, Police Officer, City of Newark, Police Department, removal effective September 24, 2002, on charges of violation of Police Department rules regarding the report of a crime, neglect of duty and efficiency and cooperation.
Recommendation of the Administrative Law Judge – Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-5 MARVIN JOHNSON
Marvin Johnson, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal effective March 1, 2004, on charges of physical abuse of a patient and falsification.
Recommendation of the Administrative Law Judge – Modify the removal to an oral warning.
ACTION: The Merit System Board directed that this matter be held over.
A-6 MITDALIA MOLINA – SETTLEMENT
Mitdalia Molina, Security Guard, Bilingual in Spanish and English, Camden County Department of Public Safety, removal effective January 19, 2005 on charges of insubordination and chronic or excessive absenteeism or lateness.
Recommendation of the Administrative Law Judge – Modify the removal to a six-month suspension.
ACTION: The Merit System Board acknowledged the settlement.
A-7 KARL PAGE
Karl Page, Senior Youth Worker, Division of Youth and Family Services, Department of Human Services, removal effective February 9, 2004, on the charge of mental abuse of a resident.
Recommendation of the Administrative Law Judge – Grant Summary decision and dismiss the appeal as moot.
ACTION: The Merit System Board directed that this matter be held over.
A-8 KEITH SEITZ
Keith Seitz, Plumber, County of Ocean, Department of Buildings and Grounds, removal effective December 31, 2004, on the charge of inability to perform duties.
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-9 RODNEY WASHINGTON
Rodney Washington, Laborer, City of Trenton, Department of Public Works, removal effective January 21, 2003, on the charge of conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge – Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-10 DARIN ROYSTER
Darin Royster, Correction Officer Recruit, Juvenile Justice Commission, Department of Law and Public Safety, removal effective May 7, 2004, on charges of conduct unbecoming a public employee, and violation of rules regarding threatening, intimidating, harassing, coercing or interfering with fellow employees on state property, and racial and/sexual harassment, discrimination and/or retaliation. This matter was previously presented to the Merit System Board at its regular meeting of October 19, 2005, but was held over for testimony summary.
Recommendation of the Administrative Law Judge – Reverse the removal.
ACTION: The Merit System Board reversed the recommendation of the Administrative Law Judge to uphold the removal.
VOTE: Rolando Torres, Jr. (Yes)
Flavella Branham (Yes)
John Currie (Yes)
Margaret E. L. Howard (Abstained)
Robert J. Long (Yes)
A-11 SETTLEMENTS
Robert S. Leithead
Camden County
Department of Corrections
Release at the end of the working test period
Yobany Marti
Cumberland County
Department of Corrections
Removal
Recommendation of the Administrative Law Judge – Acknowledge the settlements.
ACTION: The Merit System Board acknowledged the settlements.
SECTION B – MISCELLANEOUS MATTERS
B-1 CHRISTOPHER A. BATCH
Christopher A. Batch appeals the removal of his name from the (S9999D) eligible list for the title of Police Officer, Borough of Fort Lee on the basis of psychological unfitness to effectively perform the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-2 CHARLES M. BRADLEY
Charles M. Bradley, represented by Otto J. Scerbo, Esq., appeals his rejection as a Fire Fighter candidate by the City of Jersey City and its request to remove his name from the eligible list for Fire Fighter (M2054A) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board dismissed the appeal for lack of pursuit.
B-3 THOMAS R. COOKE, III
Thomas R. Cooke, III, represented by Stephen B. Hunter, Esq., appeals his rejection as a Fire Fighter candidate by the City of Elizabeth and its request to remove his name from the eligible list for Fire Fighter (M2026A) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-4 JOSEPH DOSCHER, III
Joseph Doscher, III, represented by Michael Pellegrino, Esq., appeals the removal of his name from the (S9999D) eligible list for the title of County Correction Officer, Bergen County 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 JULIEMARIE FORTE
Juliemarie Forte, represented by Benjamin Benson, Esq., appeals her rejection as a County Correction Officer candidate by the County of Ocean and its request to remove her name from the eligible list for County Correction Officer (S9999D) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this matter be held over.
B-6 JOSEPH A. LICATA
Joseph A. Licata appeals the removal of his name from the (S9999D) eligible list for the title of Police Officer, Borough of Fort Lee on the basis of psychological unfitness to effectively perform the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-7 DANIEL MEEKS
Daniel Meeks appeals his rejection as a Fire Fighter by the City of Clifton and its request to remove his name from the eligible list for Fire Fighter (M2020A) 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-8 LUCY ALONSO
Lucy Alonso, a Personnel Assistant 2 with the Northern State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-9 DANIEL ARNWINE
Daniel Arnwine, an Institutional Trade Instructor 1, Laundry, 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.
B-10 JEFTA BERNHARD
Jefta Bernhard, a Senior Correction Officer with the New Jersey State Prison, Department of Corrections, represented by Robert C. Wolf, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-11 CHARLES BILLINGTON
Charles Billington, a Correction Sergeant at South Woods State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted in part.
B-12 MELANIE BUFFALOE
Melanie Buffaloe, a Practical Nurse 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-13 GREGORY CARBONARO
Gregory Carbonaro, a Senior Correction Officer with the New Jersey State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-14 JOHN GAGLIARDI
John Gagliardi, a Senior Correction Officer at New Jersey State Prison, Department of Corrections (DOC) appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-15 JEFFREY HARMON
Jeffrey Harmon, a Senior Correction Officer at New Jersey State Prison, Department of Corrections (DOC), represented by Brian Shea, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-16 BOBBIE HODGES
Bobbie Hodges, a Senior Correction Officer with the Department of Corrections represented by Robert C. Wolf, New Jersey State Corrections Association, Inc., FOP, Lodge 200, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-17 TERRENCE JOHNSON
Terrence Johnson, a Senior Correction Officer with the Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-18 AQIYL MUSTAFA
Aqiyl Mustafa, a Human Services Technician with the Ancora 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-19 JANICE MYERS
Janice Myers, a Supervisor Food Service Area Operations 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.
B-20 SANDRA POWELL
Sandra Powell, a Senior Medical Security Officer with the Ann Klein Forensic Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-21 ILLYA RAHMING
Illya Rahming, a Senior Building Maintenance Worker at William Paterson University, represented by William O’Brien, Chapter President, IFPTE Local 195, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-22 LISA TREZZA
Lisa Trezza, a Senior Rehabilitation Counselor, Mental Health, with the Ann Klein Forensic 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-23 ALEXANDRA NOLL TYRRELL
Alexandra Noll Tyrrell, a former Human Services Assistant with New Lisbon Developmental Center, Department of Human Services, appeals the denial of sick leave injury benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-24 THOMAS BAKER, JR.
Thomas Baker, Jr., represented by D. William Subin, Esq., appeals the determination of the Division of Human Resource Information Services which found that the appointing authority had provided a sufficient basis to remove his name from the eligible list for Parole Officer Recruit (S2035E), State Parole Board, on the basis of an unsatisfactory background report.
ACTION: The Merit System Board directed that this appeal be granted.
B-25 MICHAEL FAMULARO
Michael Famularo appeals the request of Atlantic City to remove his name from the eligible list for Fire Fighter (M2002A), Atlantic City, on the basis of his failure to meet the residency requirement.
ACTION: The Merit System Board directed that this appeal be granted.
B-26 CHARLES KIDD
Charles Kidd appeals the appointing authority’s request to remove his name from the eligible list for Sheriff’s Officer (S9999D), County of Gloucester, on the basis of an unsatisfactory background report.
ACTION: The Merit System Board directed that this appeal be denied.
B-27 VINCENT MISTRETTA
Vincent Mistretta appeals the decision of Human Resource Information Services which removed the appellant’s name from the Police Officer (S9999F), Ewing Township eligible list, due to his failure to respond to a Notice of Certification.
ACTION: The Merit System Board directed that this appeal be granted.
B-28 ROBERT PAUL
Robert Paul, represented by Thomas M. Barron, Esq., appeals the decision of Human Resource Information Services which upheld the bypass of his name from appointment from the May 3, 2004 certification of the Police Sergeant (PM2510C), Berkeley Township, eligible list. Additionally, the appellant, represented by Brendan E. Egan, Esq., appeals the bypass of his name for appointment from the February 2, 2005 certification of the Police Sergeant (PM2510C), Berkeley Township, eligible list.
ACTION: The Merit System Board directed that these appeals be denied.
B-29 ALISON PEREZ
Alison Perez appeals the removal of her name from the Investigator (S0708C), Statewide, eligible list on the basis that she lacked the required experience.
ACTION: The Merit System Board directed that this appeal be denied.
B-30 WAYNE ROCCO
Wayne Rocco, a Correction Lieutenant with the Adult Diagnostic and Treatment Center, Department of Corrections, represented by Mario A. Iavicoli, Esq., appeals the decisions of Edna Mahan Correctional Facility for Women, Mid-State Correctional Facility and East Jersey State Prison which bypassed his name on the promotional list for Correction Captain (PS8784I), DOC. The appellant also appeals the decision of Human Resource Information Services which upheld the bypass of his name on the promotional list for Correction Captain (PS8784I), Garden State Reception and Youth Correctional Facility, DOC.
ACTION: The Merit System Board directed that these appeals be denied.
B-31 HOWARD THOMPSON
Howard Thompson appeals the decision of Human Resource Information Services which upheld the removal of his name from the Omnibus Operator (M9089E), Newark School District, eligible list on the basis that he failed to appear for an interview.
ACTION: The Merit System Board directed that this appeal be granted.
B-32 RANDOLPH YOUNG
Randolph Young appeals the determination of the Division of Human Resource Information Services which found that the Irvington Housing Authority properly disposed of the incomplete certification for the open-competitive examination for Maintenance Supervisor (M3504F).
ACTION: The Merit System Board directed that this appeal be denied.
B-33 ADMINISTRATIVE ANALYST 2, FISCAL MANAGEMENT (S6757F) STATEWIDE
The New Lisbon Developmental Center, Department of Human Services, requests permission not to make an appointment from the certification for Administrative Analyst 2, Fiscal Management (S6757F), Statewide.
ACTION: The Merit System Board ordered that the certification be used as appropriate for the title of Administrative Analyst 3, Fiscal Management.
B-34 GOVERNMENT RELATIONS SPECIALIST 3 (S0313F), STATEWIDE
The Woodbridge Developmental Center, Department of Human Services, requests permission not to make an appointment from the certification for Government Relations Specialist 3 (S0313F), Statewide.
ACTION: The Merit System Board granted the appointment waiver and assessed no costs at this time.
B-35 MARIA INGRAFFIA
Maria Ingraffia, a Parole Counselor, State Parole Board (Bilingual in Spanish and English), State Parole Board (SPB), appeals the determination of the Executive Director, (SPB), stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment and Hostile Environments in the Workplace (State Policy).
ACTION: The Merit System Board directed that this appeal be denied.
B-36 EDWARD O’NEIL
Edward O’Neil, a Major with the Division of State Police, Department of Law and Public Safety, appeals the determination of the Executive Assistant Attorney General, stating that there was probable cause to substantiate a finding that he violated 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-37 NAINA RAINA
Naina Raina, a Supervisor of Patients Accounts 1 with the Department of Human Services, represented by Cheryl J. Palermo, Staff Representative, CWA Local 1029, appeals the decision of the Assistant Commissioner for Human Resources denying her request for a reasonable accommodation.
ACTION: The Merit System Board directed that this appeal be denied.
B-38 DEBORA BROWN
Debora Brown, an Assistant Secretary Board/Commission with the Alcoholic Beverage Control Board, City of Newark, represented by Daniel J. Zirrith, Esq., seeks enforcement of the Merit System Board decision rendered on June 9, 2004 granting her mitigated back pay, benefits and seniority, and awarding her counsel fees.
ACTION: The Merit System Board directed that this matter be held over.
B-39 DAVID CONIGLIO
David Coniglio, a Police Officer with the City of Garfield, represented by Anthony J. Fusco, Jr., Esq., appeals the decision of the Division of Human Resource Information Services, which denied his request to revive the eligible list for Police Sergeant (PM2538B), City of Garfield, in order to effectuate his appointment.
ACTION: The Merit System Board directed that this appeal be denied.
B-40 DEVON MARSHALL
Devon Marshall, a County Correction Officer with the County of Essex, represented by Timothy R. Smith, Esq., petitions the Merit System Board for a stay of his removal effective November 5, 2002.
ACTION: The Merit System Board denied the request.
B-41 ARTHUR OLIVER
Arthur Oliver, a former Senior Youth Worker with the Juvenile Justice Commission appeals his resignation in good standing.
ACTION: The Merit System Board directed that this appeal be denied.
B-42 WILLIAM STANFORD
William Stanford, represented by Roosevelt Porter, Esq., appeals the termination of his provisional appointment as a Cost Estimator, Property Improvement with the Township of Irvington.
ACTION: The Merit System Board directed that this appeal be denied.
B-43 JOE ANTE
Joe Ante, a Fire Fighter with the City of Camden, represented by Stuart J. Alterman, Esq., petitions the Merit System Board for a retroactive date of appointment, appropriate salary step placement, vacation leave time, other seniority-based benefits, and back pay in regard to the Board’s final decision, rendered May 11, 1993, which ordered his restoration to the eligible list for Fire Fighter (M9014J), Camden.
ACTION: The Merit System Board directed that this appeal be denied.
B-44 ERIC HOLLINGER
Eric Hollinger requests that he be assigned a retroactive appointment date for record purposes and seeks his eligibility for the promotional examination for Police Sergeant (PM2570G), Winslow Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-45 ROBERT SETTIMIO
Robert Settimio petitions the Merit System Board for a retroactive appointment date from the eligible list for Police Sergeant (PM2557D), Borough of Woodlynne.
ACTION: The Merit System Board granted the request.
B-46 LINDA WATSON
Linda Watson petitions the Merit System Board for reconsideration of its decision rendered on July 27, 2005 in which her appeal of ineligibility for the examination for Personnel Assistant 4 (S0340F) was denied.
ACTION: The Merit System Board denied the request.
B-47 WILLIAM MORRIS
The appeal of William Morris, a County Correction Officer with the Hudson County Department of Corrections, of his removal effective April 27, 2004, on charges, was heard by Administrative Law Judge Leslie Z. Celentano (ALJ), who rendered her initial decision on September 22, 2005. At its meeting on November 22, 2005, the Merit System Board did not adopt the ALJ’s recommendation to modify the removal to a six-month suspension. 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.
B-48 CARMINE RUSSO
The request of Carmine Russo, a Police Captain with the City of Newark, for back pay, was heard by Administrative Law Judge Jesse H. Strauss (ALJ), who rendered his initial decision on August 31, 2005. At its meeting on November 22, 2005, the Merit System Board adopted the ALJ’s recommendation that the appellant was entitled to back pay in the amount of $168,945. The proposed final decision is now submitted for the Board’s review.
ACTION: The Merit System Board adopted the final decision.
B-49 FRANK A. AZACK AND ROBERT BROWN
Frank A. Azack and Robert Brown appeal the determinations 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 Construction and Maintenance Technician 5 (PS5963T), Department of Transportation.
ACTION: The Merit System Board directed that these appeals be denied.
B-50 PAMELA BARBIERI, ET AL.
Pamela Barbieri, Kathy Breckley, Linda Brooke, Jose Carrero-Reys, Barbara Frasnelli, Dianna Judge, Leslee Miller, Donna Monforte, Doreen Riccio, Sharon Rowe, and Helen Sedgley appeal the determinations of the Division of Selection Services which found, per the substitution clause, they did not meet the experience requirements for the promotional examination for Senior Management Assistant (PS3336K), Division of Youth and Family Services (DYFS).
ACTION: The Merit System Board directed that these appeals be denied.
B-51 PAUL BIRKENSTAMM
Paul Birkenstamm 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 Management Information Systems (MIS) Coordinator (C4106F), Mercer County.
ACTION: The Merit System Board directed that this appeal be denied.
B-52 MILTINIA BLAND
Miltinia Bland appeals the determination of the Division for Selection Services which found that she was below the minimum requirements in experience for the open competitive examination for Accountant (M0836G), Jersey City School District.
ACTION: The Merit System Board directed that this appeal be granted.
B-53 MARIANNE BRUSCHINI, ET AL.
Marianne Bruschini, Caprecia Jackson-Cook, Marie Pine, Roxanna Sanchez, Dawn Scott, Terry Smith, Donna Stubblefield and Leslie Taylor appeal the determinations of the Division of Selection Services (Selection Services) which found that, per the substitution clause, they did not meet the experience requirements for the promotional examination for Senior Management Assistant (PS3329K), Division of Youth and Family Services.
ACTION: The Merit System Board directed that these appeals be denied.
B-54 ALLEN BURKE
Allen Burke 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 Principal Clerk Typist (PS4745K), New Lisbon Developmental Center, Department of Human Services.
ACTION: The Merit System Board directed that this appeal be granted.
B-55 SHARON BURNS, ET AL.
Sharon Burns, Janice Milton, Vickie Packen, Cynthia Pape, Marguerite Peguero and Alison Winters appeal the determinations of the Division of Selection Services which found that, per the substitution clause, they did not meet the experience requirements for the promotional examination for Management Assistant (PS3354K), Division of Youth and Family Services (DYFS).
ACTION: The Merit System Board directed that these appeals be denied.
B-56 PAUL CARLISI
Paul Carlisi, in an appeal filed on his behalf by Susan H. Matthews, Director of Human Resources, appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Computer Operator 3 (PS5675U), Office of Information Technology.
ACTION: The Merit System Board directed that this appeal be denied, but referred the classification matter to the Division of Human Resource Management.
B-57 MARYKAY CARY
MaryKay Cary appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the promotional examination for Management Improvement Specialist 2 (PS4706K), Department of Human Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-58 KAYLA E. DENT AND JANINE M. SCHILP
Kayla E. Dent and Janine M. Schilp appeal the determination of the Division of Selection Services which found that they did not meet the experience requirements for the open competitive examination for Advocate, Victim Witness Program (C1005G), County of Morris.
ACTION: The Merit System Board directed that this appeal be denied.
B-59 BRENDA DUNSTON, ET AL.
Brenda Dunston, Gail Hardy, Tracey Sanderson, Annabelle Twiggs and Janice Williams appeal the determination of the Division of Selection Services which found that, per the substitution clause, they did not meet the experience requirements for the promotional examination for Senior Management Assistant (PS3369K), Division of Youth and Family Services (DYFS).
ACTION: The Merit System Board directed that these appeals be denied.
B-60 LAURA GARUBO
Laura Garubo appeals the decision of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Administrative Secretary (PC0270G), Morris County.
ACTION: The Merit System Board directed that this appeal be denied.
B-61 JOHN GIANETTINO AND VALERIE KLINETOB
John Gianettino and Valerie Klinetob appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for the open competitive examination for Coordinator of School Transportation Services (M0743F), Brick Township School District.
ACTION: The Merit System Board directed that these appeals be denied.
B-62 BONNIE J. GILBERT
Bonnie J. Gilbert appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the promotional examination for Quality Assurance Technician (PS4992K), Department of Human Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-63 VALERIE A. GRANBERRY
Valerie A. Granberry appeals the determination of the Division of Selection Services which found that, per the substitution clause, she was below the minimum requirements in experience for the promotional examination for Classification Officer 1 (PS5311I), Department of Corrections.
ACTION: The Merit System Board directed that this appeal be denied.
B-64 DONNA M. GREEN
Donna M. Green 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 open competitive examination for Claims Reviewer, Medical Assistance and Health Services (S0391G), Department of Health and Senior Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-65 ILENE L. GRIFFIN
Ilene L. Griffin 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 examinations for Principal Procedures Analyst (PS4708K) and Senior Standards and Procedures Technician (PS4710K), Department of Human Services.
ACTION: The Merit System Board directed that these appeals be denied.
B-66 WILLIAM E. HENN
William E. Henn 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 Clerk Typist (PS6696T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be granted.
B-67 LYNDA P. JOHNSON
Lynda P. Johnson 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 Accountant 3 (S0420G).
ACTION: The Merit System Board directed that this appeal be granted.
B-68 KEITH LOWERY
Keith Lowery appeals 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 Manager 1 Information Processing (M4069G), Newark open competitive examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-69 SHERRY MAKO
Sherry Mako appeals the determination of the Division of Selection Services which found that she did not meet the education and experience requirements for the promotional examination for Assistant Buyer (PS5558P), Division of State Police.
ACTION: The Merit System Board directed that this appeal be granted.
B-70 STEPHANIE K. MAMARY
Stephanie K. Mamary 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 Advocate, Victim Witness Program (C1005G), County of Morris.
ACTION: The Merit System Board directed that this appeal be granted.
B-71 ANA MARQUEZ
Ana Marquez appeals the determinations of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examinations for Unemployment Insurance Clerk, Reemployment Call Center (PS1950N), Department of Labor and Workforce Development and Unemployment Insurance Clerk, Bilingual in Spanish & English (PS2822N), Department of Labor and Workforce Development.
ACTION: The Merit System Board directed that these appeals be denied.
B-72 RON MILLER
Ron Miller appeals 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 Safety Officer, Mental Health (PS4714K), Department of Human Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-73 MARIA D. MONTESINO
Maria D. Montesino 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 Management Assistant (PS0154N), Department of Labor.
ACTION: The Merit System Board directed that this appeal be denied.
B-74 RYAN O’DWYER
Ryan O’Dwyer appeals 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 Senior Data Processing Programmer (PC0133G), Burlington County Library.
ACTION: The Merit System Board directed that this appeal be denied.
B-75 RAFAILITA ORTIZ
Rafailita Ortiz appeals the decision of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Program Development Specialist 1, Bilingual in Spanish and English (PS5016K), Division of Family Development.
ACTION: The Merit System Board directed that this appeal be denied.
B-76 MONICA PERKINS
Monica Perkins appeals the determination of the Division of Selection Services which found that she did not meet the experience requirement for the open competitive examination for Affirmative Action Specialist 3 (S0447G).
ACTION: The Merit System Board directed that this appeal be denied.
B-77 MONICA PERKINS, ET AL.
Monica Perkins, Patricia Stocklin, and Drew Stauffenberg appeal the determinations of the Division of Selection Services which found that they did not meet the experience requirements for the open competitive examination for Records Analyst 1 (S6830G), Department of State. Patricia Straub 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 open competitive examination for Records Analyst 1 (S6830G), Department of State.
ACTION: The Merit System Board directed that these appeals be denied.
B-78 RONALD PRICE
Ronald Price appeals the determination of the Division of Selection Services that, per the substitution clause for education, he did not meet the experience requirements for the open competitive examination for Senior Community Program Specialist (S0376F), Department of Human Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-79 JAY SALZMAN
Jay Salzman appeals the determination of the Division of Selection Services which found that he did not meet the experience requirement for the open competitive examination for Superintendent of Recreation (M4111G), City of Hackensack.
ACTION: The Merit System Board directed that this appeal be denied.
B-80 SARAH J. SEIGEL
Sarah J. Seigel 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 Program Development Specialist 2, Housing (PS4901D), Department of Community Affairs.
ACTION: The Merit System Board directed that this appeal be denied.
B-81 LISA SUTHARD
Lisa Suthard appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the promotional examination for Assistant Supervisor of Professional Residential Services, Developmental Disabilities (PS4753K), Woodbine Developmental Center.
ACTION: The Merit System Board directed that this appeal be denied.
B-82 KIMBERLY SWAIN
Kimberly Swain 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 promotional examination for Senior Management Assistant (PS3332K), Division of Youth and Family Services (DYFS).
ACTION: The Merit System Board directed that this appeal be denied.
B-83 JESSICA VALDES
Jessica Valdes appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the promotional examination for Technical Assistant 3, Community Affairs (PS6446H), Department of Health and Senior Services.
ACTION: The Merit System Board directed that this appeal be denied, but referred the classification matter to the Division of Human Resource Management.
B-84 PATRICIA VARA
Patricia Vara appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the promotional examination for Driver Improvement Analyst 3 (PS5956T), Motor Vehicle Commission.
ACTION: The Merit System Board directed that this appeal be denied.
B-85 GEORGE GERBER III, ET AL.
George Gerber III, Edward Ruggiano, Bonnie Taylor and Talba Warner appeal their scores for the promotional examination for Senior Public Safety Telecommunicator (PC1304F), Burlington County.
ACTION: The Merit System Board directed that these appeals be denied.
B-86 CHUKS IHEUKWUMERE
Chuks Iheukwumere appeals the administration and scoring of the open competitive examinations for Investigator Trainee, Taxation (S0423G), Tax Representative Trainee (S0424G), and Pensions Benefits Specialist Trainee (S0425G), Department of the Treasury.
ACTION: The Merit System Board directed that this appeal be denied.
B-87 KARLA MARTIN
Karla Martin appeals her score on the open competitive examination for Affirmative Action Specialist 3 (S0447G).
ACTION: The Merit System Board directed that this appeal be denied.
B-88 CHRISTINE WILSON
Christine Wilson appeals her seniority score for the examination for Administrative Supervisor of Income Maintenance (PC0923F), Mercer County Board of Social Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-89 DANIEL JAGODOWSKI
Daniel Jagodowski appeals the denial of his request for a make-up examination for the open competitive examination for County Park Ranger (C2105G), Middlesex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-90 JOHN MILNE
John Milne requests a make-up examination for the open competitive examination for Management Trainee (S0435G).
ACTION: The Merit System Board directed that this appeal be denied.
B-91 GREGORY PITTAWAY
Gregory Pittaway appeals the denial of his request for a make-up examination for the open competitive examination for County Park Ranger (C2106G), Monmouth County.
ACTION: The Merit System Board directed that this appeal be denied.
B-92 CHERYL TEEL-KEESE
Cheryl Teel-Keese appeals the denial of her request for a make-up examination for the promotional examination for Fiscal Analyst (PS6113H), Department of Health and Senior Services.
ACTION: The Merit System Board directed that this appeal be granted.
B-93 DAVID AKINS
David Akins appeals the validity of particular questions on the promotional examination for Principal Right of Way Negotiator (PS2389T), Department of Transportation (DOT).
ACTION: The Merit System Board directed that this appeal be denied.
B-94 DAVID BALDASARI
David Baldasari appeals the validity of the Telecommunications Systems Analyst 1 (PS3937U), Office of Information Technology promotional examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-95 LILLIAN FOSTER
Lillian Foster requests a review of her responses to the open competitive examination for Report Examiner Trainee (S0452G), Department of the Treasury.
ACTION: The Merit System Board directed that this appeal be denied.
B-96 MONSERRATE BASURCO AND MARIA COLON
Monserrate Basurco and Maria Colon appeal the administration of the promotional examination for Human Services Specialist 4 (PC1621F), Passaic County Board of Social Services.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Rolando Torres, Jr. (Yes)
Flavella Branham (Yes)
John Currie (Abstained)
Margaret E. L. Howard (Yes)
Robert J. Long (Yes)
B-97 PAUL DEVANEY
Paul Devaney appeals the administration of the promotional examination for County Correction Sergeant (PC2654F), Monmouth County.
ACTION: The Merit System Board directed that this appeal be denied.
B-98 JOHN SOSINAVAGE
John Sosinavage appeals the decision of the Division of Section Services which found that he lacked the required amount of permanent status in a title to which the examination was open for Police Captain (PM3507G), Camden City.
ACTION: The Merit System Board directed that this appeal be denied.
B-99 CHRISTOPHER BAYARD AND MAURICE JENKINS
Christopher Bayard and Maurice Jenkins appeal the determinations of the Division of Selection Services which found them ineligible for the promotional examination for Police Sergeant (PM2560G), Camden due to untimely applications.
ACTION: The Merit System Board directed that these appeals be denied.
B-100 VANDANA MATHUR
Vandana Mathur appeals the determination of the Division of Selection Services, which found that she was not eligible for the promotional examination for Administrative Analyst 4, Data Processing (PS6844I) Department of Corrections, because her application was received after the closing date of the examination announcement.
ACTION: The Merit System Board directed that this appeal be granted.
B-101 MERIT SYSTEM BOARD MEETING DATES 06
Submitted for the Board approval are the Merit System Board meeting dates for 06.
ACTION: The Merit System Board adopted the meeting dates for 06.
B-102 MERIT SYSTEM BOARD MINUTES
The Merit System Board minutes of its meeting of November 22, 2005 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of November 22, 2005.
B-103 KAHADIHHA BLACKSON, ET AL.
The appeals of Khadihha Blackson, Albert Coston, Robyn Fisher, John Germino, Gim-Hin Lim, Jeffrey Mekel, Mozella Smith, Pete Wickman and Kimberly Imes of the good faith of their layoffs from the City of Camden Housing Authority, effective October 8, 1998 for reasons of economy and efficiency, were heard by Administrative Law Judge Anthony T. Bruno (ALJ), who rendered his initial decision on August 31, 2005. At its meeting on November 22, 2005, the Merit System Board remanded the matter to the Office of Administrative Law for further proceedings. The proposed decision is now submitted for the Board’s review.
ACTION: The Merit System Board adopted the decision.
B-104 VITO CAMMISA
The appeal of Vito Cammisa, Project Coordinator, Construction, with the City of Trenton, of his removal effective March 29, 2004, on charges, was heard by Chief Administrative Law Judge (ALJ) Laura Sanders, who rendered her initial decision on September 27, 2005. At its meeting on November 22, 2005, the Merit System Board adopted the ALJ recommendation to modify the removal to a six-month suspension. The proposed decision is now submitted for the Board’s review.
ACTION: The Merit System Board adopted the decision.
B-105 FRANK CURRIER, JR.
The appeal of Frank Currier, Jr., a County Correction Officer with the County of Monmouth of his 15-day suspension beginning January 28, 2005, on charges, was heard by Administrative Law Judge John Schuster III (ALJ), who rendered his initial decision on October 18, 2005. At its meeting on November 22, 2005, the Merit System Board dismissed the charge of conduct unbecoming a public employee against the appellant, but adopted the ALJ’s recommendation to modify the 15-day suspension to a five-day suspension. The proposed decision is now submitted for the Board’s review.
ACTION: The Merit System Board adopted the decision.
B-106 TIMOTHY BRADLEY
The City of East Orange, represented by Tracey L. Hackett, Assistant Corporation Counsel, requests interlocutory review of the oral order of Administrative Law Judge Barry Frank in Timothy Bradley v. City of East Orange, CSC Docket No. 2001-6220, OAL Docket No. CSV 5387-02, pursuant to N.J.A.C. 1:1-14.10(a). It is noted that this matter was held over from the Merit System Board’s November 22, 2005 meeting for further review by the Attorney General’s Office.
ACTION: The Merit System Board granted interlocutory review but affirmed the order of the Administrative Law Judge.
B-107 SALVATORE MATZA
The appeal of Salvatore Matza, a County Correction Sergeant with the County of Warren Detention Department, of his immediate suspension, effective October 19, 1999, and his removal effective December 2, 2000, on charges, was heard by Administrative Law Judge Diana Sukovich (ALJ), who rendered her initial decision on June 7, 2005. At its meeting on November 22, 2005, the Merit System Board adopted the ALJ’s recommendation to uphold the immediate suspension and removal. The proposed final decision is now submitted for the Board’s review.
ACTION: The Merit System Board adopted the final decision.
B-108 ANTONIA AHART
The City of Long Branch, represented by Arthur R. Thibault, Jr., Esq., petitions the Merit System Board to relax the rule pertaining to the acceptance of resignations in order to permit it to rescind the resignation of Antonia Ahart, a former City of Long Branch Police Officer, place her on an extended leave of absence and return her to her position as a Police Officer.
ACTION: The Merit System Board granted the request.
B-109 LOUIS VALORI, ET AL.
The Township of Parsippany-Troy Hills requests that the appointments of Louis Valori, Joseph Mongiello, Richard Scrivani, and Richard Pantina from the eligible list for Police Sergeant (PM2539A), Township of Parsippany-Troy Hills, be recorded effective November 30, 2001, July 25, 2003, January 21, 2003, and April 11, 2003, respectively.
ACTION: The Merit System Board granted the request.
B-110 EARLY SETTLEMENTS
Justin Graham
Central Reception and Assignment Facility
Department of Corrections
Suspension
Edith Lusma
New Jersey Veterans Memorial Home at Paramus
Removal
ACTION: The Merit System Board acknowledged the settlements.
There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, December 21, 2005 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
______________________________
ROLANDO TORRES, JR.
COMMISSIONER
MERIT SYSTEM BOARD
