Civil Service Commission | Meeting Minutes of May 22, 2019

Deirdré L. Webster Cobb, Chairperson

Dolores Gorczyca

Daniel W. O’Mullan

MAY 22, 2019

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A regular meeting of the Civil Service Commission was held on Wednesday, May 22, 2019, at 10:00 a.m., in Trenton, New Jersey.

PRESENT: Deirdré L. Webster Cobb, Chairperson, Members Dolores Gorczyca and Daniel W. O’Mullan; Nicole Adams, Deputy Attorney General 2; Christopher Myers, 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 December 20, 2018, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

CIVIL SERVICE COMMISSION MINUTES

Submitted for adoption are the Civil Service Commission minutes of its meeting of May 9, 2019.

ACTION: The Civil Service Commission adopted the minutes of its meeting on May 9, 2019.

WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the hearing calendar:

Donna Gonzalez, Police Officer, Marlboro Township, Department of Public Safety, 30 working day suspension.

Martin Jackson, Systems Analyst, City of Jersey City, Department of Administration, removal.

John Wittke, Senior Correctional Police Officer, New Jersey State Prison, Department of Corrections, removal.

ACTION: The Civil Service Commission noted the withdrawal of appeals without prejudice.

DISMISSAL FOR FAILURE TO APPEAR

The Civil Service Commission dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:

Daesean Lynch, Senior Building Maintenance Worker, Trenton Psychiatric Hospital, Department of Health, removal.

Alisha Delsole, Truck Driver, Township of Pemberton, Department of Public Works, removal.

ACTION: The Civil Service Commission noted the dismissal of appeals without prejudice.

SECTION A – HEARING MATTERS

A-1 SETTLEMENTS

Uchenna Anonyuo

Essex County

Department of Citizen Services

Suspension

Evan Androcy

Township of Lacey

Police Department

Removal

Nicole Baldwin

Mercer County

Correction Center

Suspension and Fine

Corey Caddle

Hudson County

Department of Parks, Engineering and Planning

Removal

Leon Craig

City of East Orange

Police Department

Removal

Dawn Gorden

Camden County

Department of Corrections

Suspension

Samuel Jones

City of Newark

Department of Public Works

Removal

Donna Ocasio

Vineland Developmental Center

Department of Human Services

Suspension

Donna Ocasio

Vineland Developmental Center

Department of Human Services

Removal

Naomi Piper

New Jersey Veterans Memorial Home – Menlo Park

Department of Military and Veterans Affairs

Suspension

Jihad Snead

City of Newark

Department of Public Works

Suspension

Charles Tedesco

City of East Orange

Police Department

Removal

RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES – SETTLEMENT

ACTION: The Civil Service Commission acknowledged the settlements.

A-2 VICTOR SANCHEZ

Victor Sanchez, Laborer 1, Town of West New York, Department of Parks and Public Property, removal effective October 23, 2017 on charges of insubordination, inability to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge – Reverse the removal.

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

A-3 ROBERT G. ZOLL

Robert G. Zoll, County Correction Sergeant, Burlington County Jail, 60 working day suspension and demotion to County Correction Officer on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge – Uphold the 60 working day suspension and demotion.

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

SECTION B – MISCELLANEOUS MATTERS

B-1 D.S. – CSC DOCKET NO. 2019-154

D.S. appeals the request by the Department of Corrections to remove his name from the Correctional Police Officer (S9988V) eligible list for medical unfitness to perform effectively the position.

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

B-2 LOUIS BYRD – CSC DOCKET NO. 2019-957

Louis Byrd appeals the removal of his name from the Parole Officer Recruit (S1000U), New Jersey State Parole Board eligible list on the basis of an unsatisfactory background report.

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

B-3 MATTHEW MCINTOSH, ET AL. – CSC DOCKET NOS. 2019-2650, ET AL.

The Office of the Attorney General, Department of Law and Public Safety, Division of State Police requests that the eligible lists for Assistant Crew Supervisor Mechanics (PS0581P) and Fingerprint Processing Technician 2 (PS0342P) be revived to allow for the permanent appointments of Matthew McIntosh, Gregory Williams and Chrystal McNeil.

ACTION: The Civil Service Commission directed that these requests be granted.

B-4 CHRISTINE ALLEN – CSC DOCKET NO. 2019-3029

Christine Allen appeals the decision of the Division of Agency Services which found that she did not meet the experience requirements for the promotional examination for Assistant County Tax Administrator (PC2475W), Ocean County.

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

B-5 CRISTINE CHICKADEL – CSC DOCKET NO. 2019-2570

Cristine Chickadel appeals the determination of the Division of Agency Services that she did not meet the experience requirements for the open-competitive examination for Program Analyst (C0773W), Atlantic County.

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

B-6 ANDREW MILOS – CSC DOCKET NO. 2019-2866

Andrew Milos appeals the decision of the Division of Agency Services which found that he did not meet the experience requirements for the promotional examination for Senior Systems Analyst (PC2111W), Morris County.

ACTION: The Civil Service Commission directed that this appeal be denied and the classification of the appellant’s position be referred to the Division of Agency Services for review.

B-7 KAHREN TANGONAN – CSC DOCKET NO. 2019-2712

Kahren Tangonan appeals the determination of the Division of Agency Services, which found that she did not meet the experience requirement for the promotional examination for Management Assistant (PM1645W), Jersey City School District.

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

B-8 THOMAS HUBBARD – CSC DOCKET NO. 2019-2850

Thomas Hubbard appeals his scores for seniority and for the oral portion of the promotional examination for District Parole Supervisor (PS5491I), State Parole Board.

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

B-9 B.C. – CSC DOCKET NO. 2019-2085

B.C. requests to be permitted to submit a late application for the Family Service Specialist 1 (PS4824K), Department of Children and Families, examination.

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

B-10 MICHELLE MARCHESE – CSC DOCKET NO. 2019-2010

Michelle Marchese requests to be permitted to submit a late application for the Supervising Family Service Specialist 2 (PS4837K), Department of Children and Families, examination.

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

B-11 K.N. – CSC DOCKET NO. 2019-1278

K.N., a Family Service Specialist Trainee with the Department of Children and Families (DCF), represented by Ken McNamara, President, CWA Local 1037, appeals the decision of the DCF, which denied her request to participate in the Donated Leave Program.

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

B-12 ROBERT ARMSTRONG – CSC DOCKET NO. 2019-3200

The Department of Human Services, on behalf of Robert Armstrong, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit Mr. Armstrong to donate more that 30 sick days to T.B., who is participating in the Donated Leave Program.

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

B-13 RAHMIATI ANTHONY – CSC DOCKET NO. 2019-1904

Rahmiati Anthony, an Environmental Specialist 3 with the Department of Transportation, appeals the adjustment of her leave allowances due to a leave of absence.

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

B-14 A.K. – CSC DOCKET NO. 2019-776

A.K., an Assistant Supervisor 2, Facilities with Rowan University, appeals the decision of the Chief of Staff, which found sufficient evidence to support a finding that he violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.

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

B-15 CHRISTOPHER D’AMICO – CSC DOCKET NO. 2018-944

The appeal of Christopher D’Amico, Fire Fighter, City of Plainfield, Fire Department, removal effective September 8, 2017, on charges, was heard by Administrative Law Judge Danielle Pasquale (ALJ), who rendered her initial decision on April 2, 2019 reversing the removal. At its meeting on May 9, 2019, the Civil Service Commission (Commission) adopted the ALJ’s decision. However, the Commission needed to clarify the back pay award. The proposed decision is now submitted for the Commission’s review.

ACTION: The Civil Service Commission adopted the decision.

VOTE: Deirdrè L. Webster Cobb (Yes)

Dolores Gorczyca (Yes)

Daniel W. O’Mullan (No)

B-16 PAUL DEANGELO – CSC DOCKET NO. 2019-1609

Paul DeAngelo, represented by Keith Hofmann, Esq., appeals the removal of his name from the eligible list for Police Officer (S9999U), Linden, on the basis that he resided outside the residency scope.

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

B-17 DAVID MAURO – CSC DOCKET NO. 2019-3117

David Mauro appeals the determination of the Division of Agency Services which found that he did not meet the minimum educational and experience requirements for the promotional examination for Fiscal Officer (PC2218W), Burlington County Board of Social Services.

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

B-18 JEFFERY PALLADINO – CSC DOCKET NO. 2018-1203

Jeffery Palladino appeals the validity of the promotional examination for Police Lieutenant (PM0731V), Mount Laurel.

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

B-19 THOMAS DEHAAN – CSC DOCKET NO. 2019-2060

Thomas DeHaan requests reconsideration of the decision rendered on April 4, 2018, which determined that his position with the Office of Information Technology is properly classified as Information Technology Specialist.

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

B-20 J.T. – CSC DOCKET NO. 2018-3414

J.T., a Government Representative 2 with the Department of Education, appeals the determinations of the Chief of Staff, DOE, which found that the appellant failed to support a finding that he had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace.

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

B-21 FINAL ADOPTION - AMENDMENTS TO N.J.A.C. 4A

Submitted for the Commission’s approval is a Notice of Adoption for various amendments to N.J.A.C. 4A. Non-substantial changes not requiring additional public notice and comment to the proposal were made and the proposed amendment to N.J.A.C. 4A:7-3.1(j) is not adopted.

Recommendation: Approve the Notice of Adoption for publication in the New Jersey Register for final adoption.

ACTION: The Civil Service Commission approved the Notice of Adoption for publication in the New Jersey Register for final adoption.

B-22 JUDICIARY CLERK 1, JUDICIARY CLERK 2, JUDICIARY ACCOUNT CLERK 1, COURT SERVICES REPRESENTATIVES, AND ASSOCIATED BILINGUAL VARIANTS, AND JUDICIARY CLERK DRIVER - CSC DOCKET NO. 2018-1508

The Division of Agency Services recommends reallocation of the Judiciary Clerk 1, Judiciary Clerk 2, Judiciary Account Clerk 1, Court Services Representatives, and their associated bilingual variants, and Judiciary Clerk Driver titles to the non-competitive division of the career service in accordance with N.J.A.C. 4A:3-1.2.

ACTION: The Civil Service Commission directed that this request be granted in part and interim non-competitive designations for the subject titles be effected.

PUBLIC PORTION

No comment.

There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, June 12, 2019, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.