Margaret E. L. Howard, Presiding Board Member Judith L. Shaw Julius J. Mastro
A regular meeting of the Merit System Board was held on Tuesday, February 9, 1999 in Trenton, New Jersey.PRESENT: Merit System Board Members, Margaret E. L. Howard, Judith L. Shaw, and Julius J. Mastro; Elizabeth Laufer, Deputy Attorney General; Henry Maurer, Director, Elizabeth A. Napolitano and Sybil Janowitch, Division of Merit System Practices and Labor Relations.In accordance with L.1975, c.231, Margaret Howard, Presiding Board Member, Merit System Board, 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, 1998 and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.
All other actions were by unanimous vote unless otherwise specified.StateThe Merit System Board approved the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof.
Date: |
February 9, 1999 |
To: |
Janice M. Mintz, Commissioner
Henry Maurer, Director Merit System Practices and Labor Relations |
From: |
Marjorie Schwartz, Director Division of Human Resource Management |
Subject: |
Change in Classification Plan |
DEPARTMENT OF HUMAN SERVICES
The Department of Human Services, Office of the Commissioner, has requested that Position # 910672 be reallocated from the Unclassified Service to the Senior Executive Service.Position # 910672 reports to the Assistant Commissioner for Legal and Regulatory Affairs and is responsible for the review, analysis, and monitoring of all major research studies, federal and state legislation, policies, and funding relative to the services and programs provided by the Department of Human Services.Having reviewed the proposed duties for this position, we find that this position meets the standards for inclusion in the Senior Executive Service. We recommend your approval in order to allocate the following position from the Unclassified Service to the Senior Executive Service.REALLOCATION OF SERVICE:Effective Date: November 7, 1998Position # 910672: From: Unclassified Director, Intergovernmental Relations (60298) (M32) (NL12)
To: |
Senior Executive Service (90752) (M98) (NL12) |
DATE: |
February 9, 1999 |
TO: |
Janice Mitchell Mintz, Commissioner
Henry Maurer, Director Merit System Practices and Labor Relations |
FROM: |
Marjorie Schwartz, Director Human Resource Management |
SUBJECT: |
Change in State Classification Plan |
DEPARTMENT OF HUMAN SERVICES
At its meeting on November 10, 1998, the Merit System Board, pursuant to N.J.S.A.11A:3-4(1), approved a request from the Department of Human Services for one (1) title, Disabilities Services Specialist, to be allocated to the unclassified service for use by the New Jersey Developmental Disabilities Council and the State Office of Disabilities Services to employ the developmentally disabled. The Merit System Board has already approved establishment of Disabilities Services Specialist with an NL workweek. This present request focuses on establishing a 35-hour workweek for the same title.The mission of the Office of Disabilities Services and the State Office of Disabilities is to provide cross-disabilities information and referral services to all New Jersey residents, as well as employment opportunities to the disabled. The addition of this alternative workweek will enable maximum flexibility in employing persons with disabilities.Appointment to this title will require notification of the appointee=s specific disability and the approval of the Division of Human Resource Management.ADDITION OF WORKWEEK:Disabilities Services Specialist X98 Workweek: 3512Effective: November 7, 1998EMV/JAG/DTF
DATE: |
January 28, 1999 |
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 |
The Department of Labor is requesting the following job functions be reallocated to the Senior Executive Service.Your approval of the reallocation for the following position numbers from the career service to the Senior Executive Service is recommended. A review of the assigned job functions has been conducted and the positions meet the standard established for inclusion in the Senior Executive ServiceReallocation of Service Effective Date
FROM: |
941475, Assistant Director, Facilities Management (M32-54150)
939728, Assistant Director, Facilities Management (M32-54150)
|
TO: |
941475, Senior Executive Service (M98-90752)
939728, Senior Executive Service (M98-90752) |
Justification --Position Number # 941475The incumbent of this position serves as the Assistant Director for Procurement. In that capacity the incumbent manages a staff of professional buyers, storekeepers and warehouse personnel. During the last Fiscal Year the office was responsible for the procurement of approximately forty (40) million dollars worth of equipment, goods and services. Critical to this operation is the current knowledge and skill to evaluate state-of-the-art computer/technical equipment to address ever changing technology needs of the Department of Labor and to comply with ergonomic principles and guidelines.Justification --Position # 939728The incumbent of this position serves as Assistant Director for Building Management. In that capacity, the incumbent manages a staff of building services specialists, building management technicians and logistical facilitators. The office has responsibility for the oversight and maintenance of 66 leases amounting to over twenty (20) million dollars. In addition, the office has principal responsibility for work space design, equipment installation and office relocations. The Assistant Director serves as the liaison for the Department with the Department of Treasury and acts as the Department's agent for Master Lease activities.MAS:MBV:MLH
DATE: |
January 28, 1999 |
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: |
Changes in the State Classification Plan |
In order to implement the Governor's "New Jersey First" initiative the Department of Transportation requests your approval of three actions involving Senior Executive Service positions. The actions consist of reallocation of one position to the Senior Executive Service and the redesignation of two positions currently in the Senior Executive Service to perform different functions.Your approval of the reallocation of position number# 050694 from the career service to the Senior Executive Service is recommended. A review of the assigned job functions has been conducted and the positions meet the standard established for inclusion in the Senior Executive Service. The current incumbent Ronald Stewart would remain in the position when it is reallocated to the Senior Executive Service.Reallocation of Service
EFFECTIVE DATE: |
November 7, 1998 |
FROM: |
050694, Manager 2, Information Processing (M34-64777) |
TO: |
050694, Senior Executive Service (M98-90752) |
Justification --Position Number # 050694The incumbent of this position is responsible for directing the administration of the Department of Transportation information technology system activities with direct responsibility for supervising staff involved in the centralization of existing Department of Transportation information systems including network operations and support, help desk, equipment maintenance and replacement, training, cabling, applications, development and maintenance, and enterprise information management and information management and infrastructure planning.Your approval is requested for the redesignation of two positions (#023363 and #23933) which are already in the Senior Executive Service. The redesignations which would allow the positions to be assigned different functions are also recommended. A review of the assigned job functions has been conducted and the positions meet the standard established for inclusion in the Senior Executive Service.Redesignation of Current Senior Executive Service PositionsSenior Executive Service Position Number 023643 is currently designated as Director Division of Budget and Management, Support. The Department of Transportation requests that it be redesignated to Chief Financial Officer. Steve Hanson who is the current incumbent would remain in the position.Senior Executive Service Position Number 023933 is currently vacant. The Department of Transportation requests that it now be functionally redesignated as Director Division of Budget. The Department indicates it will submit a posting for the position following the approval of its redesignation.Justification --Position Number 023643This position would be redesignated as Chief Financial Officer. In that capacity the position would be responsible to manage the financial activities of the Department, including the operating budget, accounts payable, federal and Trust Fund agreements, internal and external auditing and procurement of goods and services. The position would be responsible to manage technical activities of the Department including the information systems and data collection and reporting. The position also acts as Executive Director of the Transportation Trust Fund Authority.Justification --Position Number 023933This position would be redesignated as Director, Division of Budget. In that capacity the positions would be responsible for recommending to the Chief Financial Officer, an optimal resource allocation plan for the Department=s annual operating budget. The position would be responsible to provide technical support for the Commissioner and Chief Financial Officer in their defense of the Department=s operating budget before the Office of Management and Budget, the Office of Legislative Services and committees of the legislature.MAS:MBV:MLHWITHDRAWALOF APPEALSThe following appeal was withdrawn and removed from the hearing calendar:Denise Azzaro, Administrative Assistant III, Department of Environmental Protection, Science and Research, suspension.DISMISSAL OF APPEALS -FAILURE TO APPEARThe Merit System Board dismissed the following case without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:Susan Livingston, Practical Nurse, Department of Human Services, Vineland Developmental Center, removal.SECTION A - HEARING MATTERS A-1 SETTLEMENTS
In the Matter of Patrick Culhane West New York Bypass on the Eligibility List
In the Matter of Harry Ervin City of Newark Suspension
In the Matters of Steven Prosser County of Monmouth, Board of Health Suspension
In the Matter of Anthony Spera City of Newark Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements with the exception of Harry Ervin, which was held over.
A-2 RONNIE LANGSTON
Ronnie Langston, Senior Correction Officer, Albert C. Wagner Youth Correctional Facility, Department of Corrections, suspension for 15 days, on charges of conduct unbecoming a public employee and inappropriate physical contact or mistreatment of an inmate, patient, client, resident, or employee.
Recommendation of the Administrative Law Judge - Reverse the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-3 JAMES CAINE
James Caine, Human Services Technician, Greystone Park Psychiatric Hospital, Department of Human Services, removal effective June 2, 1997, on charges of physical and mental abuse of a patient.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board directed that this matter be held over.
A-4 CURTIS COHEN
Curtis Cohen, Senior Correction Officer, East Jersey State Prison, Department of Corrections, removal effective December 12, 1997, on charges of conduct unbecoming a public employee, improper or unauthorized contact with an inmate; undue familiarity with an inmate; and engaging in financial transactions between employees and inmates.
Recommendation of the Administrative Law Judge - Modify the removal to a 30-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-5 WILLIAM FREDERICK, JR.
William Frederick, Jr., Cottage Training Technician, New Lisbon Developmental Center, Department of Human Services, removal effective April 26, 1996, on charges of physical abuse of a client.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board directed that this matter be held over.
A-6 WILLIAM HYNES
William Hynes, Correction Officer Recruit, Juvenile Justice Commission/New Jersey Training School, Department of Law and Public Safety, removal effective October 16, 1997, on the charge of inappropriate physical contact or mistreatment of an inmate.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board directed that this matter be held over.
A-7 JAMES P. KOKKALIS
James P. Kokkalis, Director, Office of Design and Construction, Newark School District, removal effective January 23, 1996, on charges which include failure to perform duties and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Acknowledge the withdrawal of the charges.
ACTION: The Merit System Board acknowledged the settlement between the parties in regard to withdrawal of charges, payment of back pay and counsel fees: however the request for interest was denied.
A-8 KEITH MARTIN
Keith Martin, Laborer Heavy, Department of Utilities, City of Camden, removal effective April 4, 1997, on charges of insubordination, inability to perform duties, chronic absenteeism, neglect of duty and failure to report absences.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-9 YOLANDA ROSS
Yolanda Ross, Human Services Technician, Ancora Psychiatric Hospital, Department of Human Services, removal effective March 24, 1997, on charges of physical abuse of a patient and falsification: intentional misstatement in connection with a report.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-10 ROBERT COULTER
Robert Coulter, Head Nurse, Ancora Psychiatric Hospital, Department of Human Services, removal effective June 2, 1997, on charges of inappropriate physical contact with a patient, intentional misuse of position and physical abuse of a patient. The Merit System Board at its meeting January 12, 1999 directed that this matter be held over.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board upheld the removal.
SECTION B - MISCELLANEOUS MATTERS
B-1 THOMAS BULANOWSKI
Thomas Bulanowski appeals his rejection as a County Correction Officer candidate by the County of Mercer and its request to remove his name from the eligible list for County Correction 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-2 SHELTON FARROW
Shelton Farrow appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his 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-3 NATHANIEL L. COXEN
Nathaniel L. Coxen, a Safety Specialist 2, Division of Motor Vehicles, with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-4 THOMAS D'INTINO
Thomas D'Intino, an Administrative Analyst 1 with the New Jersey Veterans Memorial Home at Vineland, Department of Military and Veterans Affairs, represented by Lawrence A. Mintz, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that the appellant be referred to the Medical Examiners Panel.
B-5 BARBARA KURSINCZKY
Barbara Kursinczky, a Teacher at Woodbridge Developmental Center, Department of Human Services, represented by Sarah Evans, Staff Representative, CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that the appellant be referred to the Medical Examiners Panel.
B-6 ELIZABETH TOLBERT
Elizabeth Tolbert, a Day Care Center Technician with the Department of Human Services, represented by Virginia M. Dietrich, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-7 JOHN M. WEBB
John M. Webb, a Human Services Technician with 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-8 JOHN CONNORS
Hudson County appeals the decision of Human Resource Information Services which found that sufficient basis had not been presented to remove John Connors= name from the eligible list for Executive Director, Office on Aging (C1412T), Hudson County.
ACTION: The Merit System Board directed that this appeal be denied.
B-9 DAVID CSIMBOK
David Csimbok, represented by A.J. Fusco, Jr., Esq., appeals the decision of Human Resource Information Systems which upheld his bypass on the list for Police Sergeant (PM0959U), Borough of Carteret.
ACTION: The Merit System Board granted a hearing.
B-10 SAUL D. MARQUES
Saul D. Marques, represented by Howard A. Bachman, Esq., appeals the decision of Human Resource Information Services which found that the Department of Corrections had presented a sufficient basis to remove appellant=s name from the Correction Officer Recruit (S9998U) eligible list.
ACTION: The Merit System Board directed that this appeal be denied.
B-11 GABRIEL RIVERA
Gabriel Rivera appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (M3394X), City of Newark.
ACTION: The Merit System Board directed that this appeal be denied.
B-12 JOSEPH AVANTI
The Department of Military and Veterans Affairs, represented by Maria B. Desautelle, Deputy Attorney General, petitions the Merit System Board for reconsideration of its final decision, rendered on January 13, 1998, which vacated the removal imposed on Joseph Avanti and awarded back pay and counsel fees.
ACTION: The Merit System Board granted the request for reconsideration, upheld the charges against Joseph Avanti and imposed a six month suspension.
B-13 YOLANDA BRAXTON
Yolanda Braxton, a Support Services Representative 3 with the Department of Transportation, represented by Calvin W. Money, CWA National Representative, petitions the Merit System Board to reconsider the final decision dismissing her appeal of her removal, effective May 9, 1997, without prejudice based on her failure to appear at a scheduled hearing. Additionally, the parties request that the Board acknowledge the settlement agreement which resolves the outstanding disputes in regard to Ms. Braxton's removal.
ACTION: The Merit System Board granted the request for reconsideration and acknowledged the settlement agreement.
B-14 PAMELA NORMAN
Pamela Norman, a Truck Driver with Sparta Township, represented by Kathleen A. Mazzouccolo, Esq., petitions the Merit System Board for reconsideration of its final administrative decision, rendered on November 10, 1998, which dismissed her appeal of her removal, based on her failure to appear at a scheduled settlement conference.
ACTION: The Merit System Board granted the request for reconsideration and directed that the matter be transmitted to the Office of Administrative Law for a hearing.
B-15 MICHAEL WALKER
Michael Walker, formerly a Police Officer with the Police Department, City of Clifton, represented by Anthony J. Fusco, Jr., Esq., requests that the rule regarding the time period for filing appeals be relaxed pursuant to N.J.A.C. 4A:1-1.2(c) to afford him a hearing in regard to his resignation in good standing effective February 17, 1998.
ACTION: The Merit System Board denied the request for rule relaxation.
B-16 DENNIS DANIELS
The appeal of Dennis Daniels, Police Officer, Newark Police Department, concerning his 15-day suspension effective January 27, 1997 and ending February 14, 1997, on charges, was heard by Administrative Law Judge Thomas R. Vena (ALJ), who rendered his initial decision on November 24, 1998. The Merit System Board, at its meeting on January 12, 1999, did not adopt the ALJ's recommendation to reduce the 15-day suspension to a written reprimand. Instead, the Board modified the penalty to a three-day suspension.
ACTION: The Merit System Board adopted the final decision.
B-17 CAROL DEMARIA
The appeal of Carol DeMaria, part-time Recreation Supervisor, County of Hudson, resignation not in good standing effective April 15, 1996, was heard by Administrative Law Judge Mumtaz Bari-Brown, who rendered her initial decision on December 3, 1998. The Merit System Board (Board), at its meeting of January 12, 1999, did not adopt the ALJ's recommendation that a resignation not in good standing was the appropriate penalty. Instead, the Board modified the resignation not in good standing to a resignation in good standing.
ACTION: The Merit System Board adopted the final decision.
B-18 VICTORIA GIBBONS
The appeal of Victoria Gibbons, a Human Services Assistant with Vineland Developmental Center, Department of Human Services, removal effective January 8, 1998, on charges of physical abuse of a client, was heard by Administrative Law Judge (ALJ) Anthony T. Bruno, who rendered his initial decision on December 1, 1998, upholding the removal. The Merit System Board, at its meeting of January 12, 1999, modified the charge of physical abuse of a client to the lesser charge of inappropriate physical contact and concluded that the penalty of removal should be modified to a six-month suspension.
ACTION: The Merit System Board adopted the final decision.
B-19 GEORGE GIBBS
The appeal of George Gibbs, Burlington County, concerning his removal as a Truck Driver effective September 3, 1997 on charges, was heard by Administrative Law Judge Bruce R. Campbell (ALJ), who rendered his initial decision on November 16, 1998. The Merit System Board, at its meeting on January 12, 1999, affirmed the ALJ's recommendation upholding the removal.
ACTION: The Merit System Board adopted the final decision.
B-20 REBECCA OLIVER
The appeal of Rebecca Oliver, County Correction Officer, Hudson County, of her removal on charges, effective February 22, 1996, was before Administrative Law Judge Sebastian Gaeta, Jr. (ALJ), who rendered his initial decision on September 30, 1998. At its meeting of January 12, 1999, the Board accepted the ALJ's recommendation to dismiss the appeal for lack of pursuit.
ACTION: The Merit System Board adopted the final decision.
B-21 SENIOR CLERK TYPIST (C1201T), OFFICE OF THE REGISTER, PASSAIC COUNTY
The appointing authority requests permission not to make an appointment from the certification for Senior Clerk Typist (C1201T), Office of the Register, Passaic County.
ACTION: The Merit System Board granted the request and assessed no costs.
B-22 KARRIEM B. ALI, ET AL.
Karriem B. Ali, Barry Gordon, Edward J. Mitchell, Luther G. Roberson, Jr., and Robert P. Whitney appeal the determination of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Maintenance Supervisor (PM1294U), Newark Housing Authority.
ACTION: The Merit System Board directed that these appeals be denied.
B-23 STEVEN S. KAYSER
Steven S. Kayser appeals the decision of the Division of Selection Services which found that appellant did not meet the experience requirements for the open competitive examination for Program Coordinator, Aging (C0302O), Union County.
ACTION: The Merit System Board directed that this appeal be denied.
B-24 LINDA W. KAVASH
Linda W. Kavash appeals the decision of the Division of Human Resource Management which found that she was ineligible for the promotional examination for Clinical Psychologist 2 (Mental Health Services) (PS5408K), Ancora Psychiatric Hospital.
ACTION: The Merit System Board directed that this appeal be denied.
B-25 KENNETH LEE
Kenneth Lee appeals his ineligibility for the Police Sergeant (PM0959W), promotional examination for the City of Newark.
ACTION: The Merit System Board directed that this appeal be denied.
B-26 ROBERT LEPIERE
Robert LePiere appeals the determination of the Division of Selection Services which found that he did not meet the experience requirement for the Affirmative Action Officer (M0779W), Atlantic City open competitive examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-27 GWENDOLYN NELSON
Gwendolyn Nelson appeals the decision of the Division of Selection Services which found that appellant did not meet the education and experience requirements for the promotional examination for Administrative Analyst 4 Data Processing (PS6657H), Department of Health.
ACTION: The Merit System Board directed that this appeal be denied.
B-28 CURTIS NORFLEET
Curtis Norfleet 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 Senior Custodian (M9036O), Newark School District.
ACTION: The Merit System Board directed that this appeal be granted.
B-29 HITA K. SHAH
Hita K. Shah appeals the determination of the Division of Selection Services, which found that she did not meet the education requirement for the open competitive examination for Microbiologist 5 (S0274O).
ACTION: The Merit System Board directed that this appeal be denied.
B-30 LOUIS TURCO
Louis Turco appeals his ineligibility for the Police Sergeant (PM0959W), promotional examination for the City of Newark.
ACTION: The Merit System Board directed that this appeal be denied.
B-31 GLORIA BOONE
Gloria Boone appeals her score for the Secretarial Assistant 1 (PS5252J), Kean College examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-32 LYDIA MEDINA
Lydia Medina appeals her score on the examination for Investigator Probation Bilingual Spanish/English (S1619T), and her ineligibility for Investigator Probation (S1618T).
ACTION: The Merit System Board directed that this appeal be denied.
B-33 JOHN E. MASON
John E. Mason appeals his ranking on the eligible list resulting from the open competitive examination for Electrical Subcode Official (M9121W), Millville City.
ACTION: The Merit System Board directed that this appeal be denied.
B-34 JACQUELINE READ
Jacqueline Read appeals the administration of the open-competitive examinations for Principal Clerk Typist (S0036O), Principal Clerk Bookkeeper (S0033O), and Senior Clerk Typist (S0040O).
ACTION: The Merit System Board directed that this appeal be denied.
B-35 SAMIE SHOKRY
Samie Shokry appeals the determination of the Division of Selection Services, which found that he did not meet the residency requirement for the open competitive examination for Principal Engineer, Civil (M6256O), City of Newark.
ACTION: The Merit System Board directed that this appeal be denied.
B-36 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of January 26, 1999 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of January 26, 1999.
SECTION B - MISCELLANEOUS MATTERS
B-37 DANIEL F. MCELDOWNEY
Daniel F. McEldowney appeals his score on the promotional examination for Fire Lieutenant (PM4169V), West New York.
ACTION: The Merit System Board directed that this appeal be denied.
B-38 CATHERINE KAUFFMAN
The appeal of Catherine Kauffman, Director, Alcoholism Rehabilitation, Department of Alcohol Services, Cumberland County, removal effective August 4, 1997, on charges, was heard by Administrative Law Judge (ALJ) Joseph F. Fidler, who rendered his initial decision on December 14, 1998. At its meeting of January 26, 1999, the Board adopted the ALJ's recommendation to uphold the removal.
ACTION: The Merit System Board adopted the final decision.
B-39 ALICE TROCHE
The appeal of Alice Troche, Teacher Aide with the State- Operated School District of Jersey City, of her five-month suspension on charges, was heard by Administrative Law Judge Ken R. Springer (ALJ), who rendered his initial decision on December 15, 1998, recommending that the suspension be reversed.
At its meeting of January 26, 1999, the Merit System Board modified that recommendation to a one month suspension.
ACTION: The Merit System Board adopted the final decision.
B-40 JOSEPH GUZIEWICZ
The appeal of Joseph Guziewicz, Building Maintenance Worker, Department of Public Works, Mount Holly Township of his removal, effective September 6, 1997 on charges, was heard by Administrative Law Judge Kathryn A. Clark (ALJ), who rendered her initial decision on December 21, 1998, recommending that the charges be dismissed. However, at its meeting of January 26, 1999 the Merit System Board modified that recommendation to to five day suspension.
ACTION: The Merit System Board adopted the final decision.
B-41 LAWRENCE ZAMENSKY
The appeal of Lawrence Zamensky, Senior Correction Officer at Garden State Reception and Youth Correctional Facility (Garden State), Department of Corrections, concerning his removal effective July 31, 1994 on charges, was heard by Administrative Law Judge Walter F. Sullivan (ALJ), who rendered his initial decision on September 21, 1998. At its meeting of January 26, 1999, the Board did not accept the ALJ's recommendation that the removal be modified to a six- month suspension for passing a false prescription. Rather, the Board concluded that removal was the appropriate penalty. Additionally, the Board did not accept the ALJ's recommendation to uphold the removal on the basis of appellant's failure to notify Garden State of his arrest. Rather, the Board found that the appointing authority had not met its burden of proof on this issue, and dismissed the charge.
ACTION: The Merit System Board adopted the final decision.
B-42 EARLY SETTLEMENTS Yvonne Littlejohn Veterans Memorial Home at Paramus Department of Military and Veterans Affairs Removal
Larry Merritt Ancora Psychiatric Hospital Department of Human Services 10 day suspension
Melvin Wright New Lisbon Developmental Center Department of Human Services 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 Tuesday, February 23, 1999, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
_____________________________ MARGARET E. L. HOWARD PRESIDING BOARD MEMBER MERIT SYSTEM BOARD
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