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A regular meeting of the Merit System Board was held on Tuesday, August 31, 1999, in Trenton, New Jersey. PRESENT: Janice Mitchell Mintz, Chairwoman, Merit System Board Members, Margaret E. L. Howard, Judith L. Shaw and Alan Dexter Bowman; Andrea Grundfest, Deputy Attorney General; Henry Maurer, Director, Elizabeth A. Napolitano, Sybil Janowitch, and Charles Spano, Division of Merit System Practices and Labor Relations. In accordance with L.1975, c.231, Janice Mitchell Mintz, Chairwoman, 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 July 30, 1999 and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey. All other actions were by unanimous vote unless otherwise specified. State The Merit System Board approved the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof. TO: Janice Mitchell Mintz Commissioner Henry Maurer, Director Merit Systems Practices and Labor Relations DATE: June 14, 1999 FROM: Marjorie Schwartz, Director Human Resource Management SUBJECT: Change in Classification Plan Department of Military and Veterans Affairs The State Department of Military and Veterans Affairs has been using the title of Project Specialist for its positions in the Challenge Youth Program which is a 22 week residential voluntary program located at Fort Dix for youths 16 to 18 years old who are high school dropouts. The goal of this program is to deter high school dropouts from the high percentage of prison incarceration, drug abuse and unemployment characteristics of this group by providing a "second chance" or "next opportunity" to these youths through education, life skills, leadership and employment training, and subsequent maundering. We have denied the continued use of the Project Specialist title and have determined the appropriate career service titles for these positions which are to become effective July 1, 1999. In order to effectuate the title transfer of employees currently working 40 hours per week, the additional workweek designations listed below are requested. Additional Workweek Designation Eff: 07-01-99 Accounting Assistant A15 Career WW 4012 Secretarial Assistant 3 A17 Career WW 4012 (Non Stenographic) Senior Stock Clerk A12 Career WW 4012 DATE: July 30, 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 As part of the Governor's "New Jersey First" initiative, the Department of Transportation requests your approval of the re-designation of a position already allocated to the Senior Executive Service. Justification -- Position Number 021561 This position would be re-designated as Director, Division of Local Government Services and Economic Development. In that capacity the position would be responsible to the direct programs that provide financial assistance to county and local government agencies, and other non-governmental entities in support of the Governor's vision for an efficient transportation system and economic development. The position would report to the Assistant Commissioner for Planning, Research, and Local Government Services. It would have an operating budget of $2,900,000 and be responsible for an assigned staff of 52 positions. The assigned positions will include five Manager 2, Department of Transportation (Roadway Design) positions, four of which will be responsible for the management of individual regional offices. The regional offices jointly will deliver state and federal funded capital projects totaling $200 million. DATE: August 6, 1999 TO: Janice Mitchell Mintz, Commissioner Department of Personnel Henry Maurer, Director Merit System Practices and Labor Relations FROM: Marjorie A. Schwartz, Director Division of Human Resource Management SUBJECT: Title Consolidation and Title Re-evaluations DEPARTMENT OF LABOR The Department of Labor proposes two title consolidations and three title re-evaluations as part of a restructuring of titles within its Division of Disability Determinations Services. Background The proposed restructuring is in response to procedural changes imposed by the Social Security Administration (SSA). The SSA has eliminated the procedure that would reconsider disability claims formally denied in the initial review. Under the proposed structure, "a single decision maker model," requires the adjudicators to propose medical conclusions in their determinations without consultation from medical and psychological professionals, which effectively eliminates the basis for retaining the Claims Adjudicator title series. Moreover, on December 20, 1997, Marjorie Schwartz, Director of the Division of Human Resource Management, Department of Personnel, responding to a position classification appeal, determined that there was no substantive distinction found between individuals performing the work of a Claims Adjudicator 1 from those performing the work of a Claims Adjudicator Specialist 1. Prior to this review, the Claims Adjudicator Specialist series reportedly processed the more complex and specialized disability claims. However, over time, these distinctions have diminished and employees at various levels in the Claims Adjudicator series were assigned work involving complex and/or specialized claims. Thus the classification determination provided further impetus for the Department of Labor to merge the Claims Adjudicator and the Claims Adjudicator Specialist series as one. Under the current title structure there is a separate title series for each functional area of claims adjudication, i.e., Medical Relations Specialist, Claims Adjudicator Specialist and Claims Adjudicator. The proposed title structure would integrate these functional areas into one with a single title series from the trainee to the supervisory level professional. A schema of the proposed title actions for the Division of Disability Determinations Services is attached for your perusal. Requested actions: Title Consolidation and Concurrent name change Rename the Claims Adjudicator Specialist 1 to Claims Adjudication Supervisor, Disability Determinations and consolidate the following titles into the latter: R27 64949 Claims Adjudicator Specialist 1 R27 64966 Medical Relations Specialist 1 R26 64954 Claims Adjudicator 1, Disability Determinations As a result of the classification appeal determination which found that employees in the title of Claims Adjudicator 1, Disability Determinations were performing work consistent with the Claims Adjudicator Specialist 1, the department no longer used the former title, so there will be no direct salary impact on employees. However, including this title in the consolidation will ensure that title displacement rights are accorded those employees who previously held the title on a permanent basis. FROM: TO: Claims Adjudicator Specialist 1 Claims Adjudication Supervisor, R27 64949 NL cc 27 Disability Determinations R27 64949 NL cc 27 Title Reevaluation and Concurrent name change The title, Medical Relations Specialist 2 currently exists in the Division of Disability Determinations to serve as liaison to the professional medical community. Duties include contacting physicians, psychologists, hospitals, clinics or other treatment sources to strengthen the evaluations and determinations of claims for Social Security Disability. These functions and those previously performed by the Social Security Administration would be subsumed under the "single decision maker model" by a Senior Claims Adjudicator Specialist. Initially, as a pilot project, employees of the Division of Disability Determinations were trained to perform tasks that were previously the responsibility of the Social Security Administration. They interviewed claimants and made financial, technical, medical, vocational and legal eligibility determinations for the various Social Security Disability claims. Their action culminated in either the authorization of payment or the issuance of a notice of ineligibility, functions previously performed by the Social Security Administration. Since these determinations involve the actual authorization or denial of payment, and are made on behalf of the Social Security Administration, the evaluated job content of the proposed title, Senior Claims Adjudicators Specialist, Disability Determinations should reflect the substantive increase in the duties and level of responsibilities that are beyond the Medical Relations Specialist 2. Combining the two functions into a single title will provide the Division of Disability Determinations with greater flexibility in the allocation of staff resources. FROM: TO: Medical Relations Specialist 2 Senior Claims Adjudicator Specialist, P24 64964 NE cc 24 Disability Determinations P25 64964 35 cc 26 Title Consolidation and Concurrent Name Change Rule Relaxation to allow incumbents to move into the title on a lateral basis The Claims Adjudicator Specialist 2 would be renamed, Senior Claims Adjudicator, Disability Determinations. It would be consolidated with a second title, Claims Adjudicator 2, Disability Determinations (P21 64953), resulting in a single title. Because the Claims Adjudicator 2, Disability Determinations has a lower class code than the Claims Adjudicator Specialist 2, a rule relaxation of N.J.A.C. 4A: 4-7.6, which provides that a lateral title change may be made only if the two titles are assigned the same class code, is requested to enable all incumbents to move into the consolidated title as if the action were a lateral rather than promotional. There are currently 27 employees affected by this title change. They would remain at their current salary level until the date of their next increment. At that time, they would move to the appropriate step in the new salary range. This request is proffered, in part, as a resolution to the January 6, 1998 decision of the Appellate Division of the Superior Court of New Jersey regarding the matter of Sheilah M. Garry. In that matter, the court found merit in a classification appeal filed on behalf of Ms. Garry and remanded same to the Commissioner of Personnel for reconsideration. FROM: TO: Claims Adjudicator Specialist 2 Senior Claims Adjudicator, P23 64947 35 cc. 24 Disability Determinations P23 64947 35 cc24 Claims Adjudicator 2, Disability Determinations P21 64953 35 cc. 22 Reevaluation and concurrent name change The proposed restructuring of titles within the Division of Disability Determinations combines the Claims Adjudicator series and the Claims Adjudicator Specialist series. Under the restructuring, the Claims Adjudicator 3, Disability Determinations, would be renamed, Claims Adjudicator, Disability Determinations. Since no comparable entry level professional title in the Claims Adjudicator Specialist series currently exists, a re-evaluation of the Claims Adjudicator 3, Disability Determinations is requested to properly recognize changes at that level. In particular, the Department of Labor indicates that over the past several years, the job of Claims Adjudicator 3 has become increasingly more complex and detail oriented. The changes have been consistent with those changes which made the higher levels of the Claims Adjudicator series obsolete. While most functions of the Claims Adjudicator 2, Disability Determinations will evolve into the Senior Claims Adjudicator function, additional duties to be performed by the claims adjudicators support a one range increase in the job evaluation. FROM: TO: Claims Adjudicator 3 Claims Adjudicator, . Disability Determinations Disability Determinations P19 64952 35 cc 20 P20 64952 35 cc21 Re-evaluation and Concurrent name change Because of the elimination of field assignments, the Claims Adjudicator Field Representative is being converted from a field outreach title to an office-based title. As a result, the title will no longer meet the criteria for an "NE" workweek. A change in workweek designation from "NE" to "35" would result in a reduction of one range in salary for all employees currently holding the title. Approval of the re- evaluation obviates the prospective reduction in salary for the incumbents. In further support of the re-evaluation, the Department of Labor notes that since, the work performed by the title will be office based, the incumbents will be expected to take a more extensive role in applying standards and procedures to the collection and recording of medical data. FROM: TO: Claims Adjudicator, Claims Adjudicator Support Specialist 1 Field Representative A16 64945 35 cc 17 A16 64945 NE cc 16 Approval of these requests is recommended. CONFIDENTIAL APPOINTMENTS The Merit System Board recorded the following Confidential Appointments under N.J.S.A. 11A:3-4(h): Kathleen M. Immordino, appointed as Confidential Assistant, Department of Transportation, effective June 5, 1999, salary of $79,560.00 per annum. Cynthia Kirchner, appointed as Confidential Assistant, Department of Health and Senior Services, effective June 19, 1999, salary of $83,143.64 per annum. Nancy Tindall, appointed as Confidential Secretary, Department of the Treasury, effective August 16, 1999, salary of $79,000.00 per annum. Barbara De Graaf, appointed as Confidential Assistant, Department of Human Services, effective March 27, 1999, salary of $80,000.00 per annum. Richard Brown, appointed as Confidential Assistant, Department of Environmental Protection, effective April 24, 1999, salary of $68,000.00 per annum. WITHDRAWAL OF APPEALS The following appeals were withdrawn and removed from the hearing calendar: Christopher Clifford, Laborer, Heavy, Department of Public Works, Township of Moorestown, removal. Frank Crimeni, Jr., Sheriff's Officer, Sheriff's Department, County of Bergen, removal. Eugenia Daniels, Laundry Worker, Buttonwood Hospital, County of Burlington, removal. Angela Matthews, Hospital Attendant, Buttonwood Hospital, County of Burlington, suspension. James Mullikin, County Correction Officer, Department of Corrections, County of Hunterdon, suspension. Arthur Snellbaker, Police Inspector, Department of Public Safety, Atlantic City, suspension and fine. Eugenio D. Stapler, Senior Juvenile Detention Officer, Youth Services Department, Passaic County, removal. Andrew Yu, Public Works Inspector, Department of Public Works and Parks Recreation, Bayonne, layoff. DISMISSAL OF APPEALS - FAILURE TO APPEAR The Merit System Board dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law: Brian Joseph Hart, Senior Road Inspector, Department of Public Works, County of Camden removal. Robert Hockenbury, Senior Correction Officer, Department of Corrections, Mountainview Youth Correctional Facility, resignation not in good standing. Joseph Kelley, Food Service Worker, Buttonwood Hospital, Burlington County, removal. Helen Lamboy, Public Safety Telecommunicator Bilingual, Sheriff's Office, County of Hudson, removal. Ronnie McDaniels, Human Services Assistant, Department of Human Services, Greystone Park Psychiatric Hospital, removal. Minnie Paul, Claims Adjudicator 2, Disability Determinations, Department of Labor, Disability Determinations, Return to former title of Claims Adjudicator 3, Disability Determinations. SECTION A - HEARING MATTERS A-1 SETTLEMENTS In the Matter of James Brice City of Newark Resignation Not in Good Standing In the Matter of Calvin Curly Brown New Jersey State Prison -Department of Corrections Suspension In the Matter of Zakiyyah Daaliya County of Camden Removal In the Matter of Robert Dempsey New Lisbon Developmental Center - Department of Corrections Suspension In the Matter of Thelma Evans-Knight County of Morris Suspension In the Matter of Vincent Gagliardi Jackson Township - Public Works Resignation Not in Good Standing In the Matter of Urban Giordino Passaic County Removal In the Matter of Monyque C. Green Township of Hillside Removal of Name from Police Officer's Eligible List In the Matter of Shellene Hayes North Jersey Developmental Center - Department of Human Services Removal In the Matter of Richard Honeycutt County of Bergen Suspension In the Matter of Rosella Horcey Ancora Psychiatric Hospital - Department of Human Services Removal In the Matter of Christina Jackson New Jersey State Prison - Department of Corrections Suspension In the Matter of Stephanie Jacobs Family and Community Development - Atlantic County Resignation Not in Good Standing In the Matter of Patricia Jones Department of Health and Senior Services Removal In the Matter of Christopher Kehoe County of Morris Removal In the Matter of Ralph Lollar Division of Developmental Disabilities - Department of Human Services Indefinite Suspension In the Matter of Dana Lyons Trenton Psychiatric Hospital - Department of Human Services Resignation Not in Good Standing and Removal In the Matter of Frederick Mabie County of Bergen Suspension In the Matter of Sean L. McKeon County of Monmouth Suspension and Demotion In the Matter of Alpheus Okezie Ancora Psychiatric Hospital - Department of Human Services Suspension In the Matter of Sandra Peterson Hudson County Department of Public Safety Removal In the Matter of Shannon Rush County of Mercer Removal In the Matter of Herbert Smith City of Newark School District Removal In the Matter of Gladys Thomas Newark (City) Health and Human Services Removal In the Matter of Rodney Tillery Department of Human Services, Division of Mental Health Removal In the Matter of Lennox Williams Department of Treasury Suspension RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT ACTION: The Merit System Board acknowledged the settlements with the exception of Thelma Evans- Knight, which was held over. A-2 NICK CIANCIOSI Appeal of Nick Cianciosi, Security Guard, County of Passaic, released at the end of his Working Test Period effective July 7, 1997. Recommendation of the Administrative Law Judge - Uphold release at the end of the Working Test Period. ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge. A-3 DEPARTMENT OF TRANSPORTATION, 1995 LAYOFFS Appeal of 96 employees of the Division of Motor Vehicles, State Department of Transportation who were laid off/demoted, effective July 8, 1995, for reasons of economy and efficiency. Recommendation of the Administrative Law Judge - Uphold the layoffs. ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge. A-4 EILEEN DOLAN Eileen Dolan, Clerk Typist, Administrative Office of the Courts - Judiciary - Essex Vicinage, indefinite suspension, on charges of being unfit for duty. Recommendation of the Administrative Law Judge - Appeal be dismissed. ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge. A-5 VIRGINA GAROFALO Virginia Garofalo, Principal Account Clerk, Morris County Board of Social Services, suspension for 7 days beginning October 27, 1997, and ending November 4, 1997, and removal effective November 5, 1997, on charges of incompetency, inefficiency and failure to perform duties as assigned. Recommendation of the Administrative Law Judge - Uphold the removal. ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge. A-6 EMILY GRAHAM-WEBER Layoff of Emily Graham-Weber, Executive Assistant, Department of Public Safety, Essex County, effective August 30, 1991, for reasons of economy and efficiency. Recommendation of the Administrative Law Judge - Uphold the layoff. ACTION: The Merit System Board directed that this matter be held over. A-7 MAUREEN HINDS, SUSAN LUPO, AND WILLIAM QUINN Maureen Hinds, Program Coordinator Mental Health, Susan Lupo, Program Coordinator Mental Health, William Quinn, III, Program Coordinator Mental Health, Hudson County, layoff effective December 31, 1997, and William Quinn demotion to the title of Clerk Typist in lieu of layoff December 31, 1997, for reasons of economy and efficiency. Recommendation of the Administrative Law Judge - Uphold the layoffs. ACTION: The Merit System Board directed that this matter be held over. A-8 ANTONIO SANTANA Antonio Santana, Sr., Assistant Zoning Officer/Relocation Officer/Sr. Housing Inspector, City of Perth Amboy, back pay owed to appellant representing 34 days for 1992 and 260 days in 1993. Recommendation of the Administrative Law Judge - Dismiss the Appeal. ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge. A-9 STEPHEN BALKARAN Stephen Balkaran, Senior Operator Refrigeration Services, Northern State Prison, Department of Corrections, removal effective April 8, 1998, on charges of insubordination. Recommendation of the Administrative Law Judge - Uphold the removal. ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge. A-10 WILLIAM BARTLESON, JR. William Bartleson, Jr., Correction Officer Recruit, Bayside State Prison, Department of Corrections, removal effective May 14, 1998, on charges of conduct unbecoming an employee. Recommendation of the Administrative Law Judge - Modify the removal to a 60 day suspension. ACTION: The Merit System Board directed that this matter be held over. A-11 GERALD MORGAN Gerald Morgan, Cottage Training Technician, Woodbine Developmental Center, Department of Human Services, removal effective June 4, 1997, on charges of inappropriate physical contact of a client. Recommendation of the Administrative Law Judge - Dismiss the appeal and dismiss the charges. ACTION: The Merit System Board dismissed the appeal but upheld the charges. A-12 CHARLES RAYMOND Charles Raymond, Senior Correction Officer, Juvenile Justice Commission, Division of Law and Public Safety, removal effective October 23, 1998, on charges of inappropriate physical contact or mistreatment of an inmate, patient, client, resident, or employee and conduct unbecoming a public employee. Recommendation of the Administrative Law Judge - Modify the removal to a 90 day suspension. ACTION: The Merit System Board directed that this matter be held over. A-13 EMMITT WILLIAMS Emmitt Williams, Senior Youth Worker, Juvenile Justice Commission, Department of Law and Public Safety, removal effective July 1, 1998, on charges of neglect of duty and not following unit procedures. Recommendation of the Administrative Law Judge - Uphold the removal. ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge. A-14 THERESA BANNISTER - SETTLEMENT Theresa Bannister, Communications Operator, Albert C. Wagner Youth Correctional Facility, Department of Corrections, removal, on charges of chronic or excessive absenteeism or lateness and an unexcused lateness of 30 minutes or more (May 8, 1998 incident) and removal for an unexcused lateness of 30 minutes or more (May 23, 1998 incident). Settled to a 30 day suspension for May 8, 1998 incident and a 60 day suspension for the May 23, 1998 incident, reinstatement to employment, and voluntary demotion to the title of Senior Clerk Typist. The Merit System Board at its meeting of August 10, 1999, directed that this matter be held over for a lack of quorum. ACTION: The Merit System Board acknowledged the settlement. A-15 ROBERT SLAUGHTER Robert Slaughter, Senior Medical Security Officer, Ann Klein Forensic Psychiatric Hospital, Department of Human Services, suspension for 15 days, on charges of insubordination. The Merit System Board at its meeting of August 10, 1999, directed that this matter be held over for a lack of quorum. Recommendation of the Administrative Law Judge - Modify the suspension to a 30 day suspension. ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge. VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) A-16 MAURICE HAYES Maurice Hayes, Senior Correction Officer, Department of Law and Public Safety, Juvenile Justice Commission, removal effective March 19, 1998, on charges of chronic or excessive absenteeism or lateness and unexcused lateness of 15 minutes or more but less than 30 minutes. The Merit System Board at its meeting of July 19, 1999, directed that this matter be held over for a lack of quorum. Recommendation of the Administrative Law Judge - Uphold the removal. ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge. VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Abstained) Judith L. Shaw (Yes) A-17 FRANK KOVACH - SETTLEMENT Initial 1 day, 2 day, 2 day, and 60 day suspensions, on charges of insubordination, conduct unbecoming a public employee, falsifying department reports, records or communications, lying to a superior or any member of the department regarding an official matter, and chronic or excessive absenteeism or lateness. Settled to a resignation in good standing. The Merit System Board at its meeting of July 7, 1999, directed that this matter be held over for further review. Recommendation of the Administrative Law Judge - Acknowledge the settlement. ACTION: The Merit System Board acknowledged the settlement. A-18 JOSEPH JENSEN - SETTLEMENT Initial removal effective December 22, 1998, on charges of conduct unbecoming an employee, physical or mental abuse of an inmate, patient, client, resident or employee. Settled to the appellant's return to duty pending and evaluation by a competent health care provider as to the psychological fitness of the appellant to return to employment and determination by such provider certifies that he is fit to be returned to duty. The Merit System Board at its meeting of June 21, 1999 directed that this matter be held over for further review. Recommendation of the Administrative Law Judge - Acknowledge the Settlement. ACTION: The Merit System Board acknowledged the settlement. A-19 MICHAEL BREDEN - SETTLEMENT Initial suspension for 15 days, on charges of neglect of duty and three charges of conduct unbecoming an employee. Settled to a reduction of the 15 day suspension to a five day suspension provided appellant enrolls in and successfully completes an anger management course. The Merit System Board at its meeting of June 21, 1999, directed that this matter be held over for further review. Recommendation of the Administrative Law Judge - Acknowledge the Settlement. ACTION: The Merit System Board acknowledged the settlement. A motion was made and seconded that the open session be recessed and that, pursuant to Section 12(b) of the Open Public Meetings Act, the Merit System Board entered into Executive Session for the purpose of legal advice on the matter of A-20, Danielle Lewis and A-21, Keith Jordan. The Board subsequently reconvened the public meeting. A-20 DANIELLE LEWIS Danielle Lewis, County Correction Officer, County Jail, Burlington County, removal effective October 29, 1997, on charges of being in violation of the Burlington County Jail Attendance Policy. The Merit System Board at its meeting of May 4, 1999, directed that this matter be held over for further review. Recommendation of the Administrative Law Judge - Reverse the Removal. ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to uphold the removal. A-21 KEITH JORDAN Keith Jordan, Police Officer, Police Department, City of Newark, removal effective August 25, 1995, on charges of being in violation of Newark Police Department Rules and Regulations; (1) Answering Subpoena in Court, (2) Criminal Law and Conduct, (3) Disobedience of Orders, (4) Criminal Law and Conduct, (5) Criminal Law and Conduct, (6) Answering Subpoena in Court, (7) Chronic Inefficiency or Incompetency, Disobedience of Orders, Conduct, Criminal Law and False Statement, (8) Punctuality and False Statement. The Merit System Board at its meeting of August 10, 1999, directed that this matter be held over for further review. Recommendation of the Administrative Law Judge - Uphold the removal. ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge. SECTION B - MISCELLANEOUS MATTERS B-1 CHERYL ANTHONY Cheryl Anthony appeals her rejection as a Correction Officer Recruit by the Department of Corrections and its request to remove her name from the eligible list for Correction Officer Recruit on the basis of psychological unfitness to perform effectively the duties of the position. ACTION: The Merit System Board directed that this appeal be denied. B-2 FRANCES ESTRADA Frances Estrada, represented by Charles M. Grossman, Esq., appeals her rejection as a Police Officer candidate by the City of Newark and its request to remove her name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position. ACTION: The Merit System Board directed that this appeal be denied. B-3 JAMES E. JOHNSON James E. Johnson, II, appeals his rejection as an Emergency Medical Technician candidate by the City of Elizabeth and its request to remove his name from the eligible list for Emergency Medical Technician 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 TRICIA MILLER Tricia Miller appeals her rejection as a Correction Officer Recruit by the Department of Corrections and its request to remove her name from the eligible list for Correction Officer Recruit on the basis of psychological unfitness to perform effectively the duties of the position. ACTION: The Merit System Board directed that this appeal be denied. B-5 DONALD MINCY Donald Mincy appeals his rejection as a Police Officer by the Township of Irvington and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position. ACTION: The Merit System Board directed that this appeal be denied. B-6 LEIGHANN NEWMAN Leighann Newman, represented by Michael R. Speck, Esq., appeals her rejection as a Police Officer candidate by the Township of Lakewood and its request to remove her name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position. ACTION: The Merit System Board directed that this appeal be denied. B-7 CARLOS PARKER Carlos Parker appeals his rejection as a County Correction Officer by the County of Cumberland 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-8 FRED E. PIERCE, JR. Fred E. Pierce, Jr. appeals his rejection as a Correction Officer Recruit 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-9 PATRICIA ROONEY Patricia Rooney appeals her rejection as a County Correction Officer by the County of Hudson and its request to remove her 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-10 THOMAS S. THOMAS Thomas S. Thomas appeals his rejection as a Police Officer by the City of Trenton and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position. ACTION: The Merit System Board directed that this appeal be denied. B-11 ANNA HEREDIA (PADILLA) Anna Heredia (Padilla), a Residential Living Specialist with the Vineland Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits. ACTION: The Merit System Board directed that this appeal be granted in part. B-12 RUTHIE MORALES Ruthie Morales, a Cottage Training Technician with the Vineland Developmental Center (VDC), 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 MELISSA MULLIN Melissa Mullin, a Tax Services Specialist 3 with the Division of Taxation, Department of the Treasury, appeals the denial of sick leave injury (SLI) benefits. ACTION: The Merit System Board directed that this appeal be denied. B-14 JOSSELIN PIERRE Josselin Pierre, a Senior Food Service Worker with Woodbridge Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits ACTION: The Merit System Board directed that this appeal be denied. B-15 TIMOTHY REEVES Timothy Reeves, a Senior Correction Officer at East Jersey State Prison, Department of Corrections, represented by Robert A. Fagella, Esq., appeals the denial of sick leave injury (SLI) benefits. ACTION: The Merit System Board directed that this appeal be granted. B-16 SHERRI REVIELLO Sherri Reviello, a Cottage Training Technician with the Hunterdon Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits. ACTION: The Merit System Board granted a hearing. B-17 ALTHEA STEINBERG Althea Steinberg, a Contract Administrator 1 with the Division of Youth and Family Services, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits. ACTION: The Merit System Board directed that the appeal be granted in part. B-18 CATHERINE M. THOMPSON Catherine M. Thompson, a Senior Correction Officer at Riverfront State Prison, Department of Corrections, represented by Robert A. Fagella, Esq., appeals the denial of sick leave injury (SLI) benefits. ACTION: The Merit System Board directed that the appeal be granted but denied counsel fees. B-19 THERESA VOGEL Theresa Vogel, a Cottage Training Technician with the Hunterdon Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits. ACTION: The Merit System Board directed that the appeal be denied. B-20 SUDESH KHANNA Sudesh Khanna, a Head Nurse (interim appointment) with Woodbridge Developmental Center, Department of Human Services, represented by Robert Yaeger, Principal Staff Representative, CWA Local 1040, appeals the determination of Human Resource Information Systems, which removed her name from the special reemployment list for Head Nurse. ACTION: The Merit System Board directed that this appeal be granted. B-21 BRENDAN J. MCMAHON Brendan J. McMahon, represented by Robert J. DeGroot, Esq., 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 Police Officer (M3394Y), City of Newark eligible list on the basis of his failure to meet the age requirement. ACTION: The Merit System Board directed that this appeal be denied. B-22 ALPISHNA PATEL Alpishna Patel appeals the request of the Hudson County appointing authority to remove her name from the Data Entry Machine Operator (C1143T) eligible list based on a claimed inability to communicate effectively in English in order to perform the duties of the position. ACTION: The Merit System Board directed that this appeal be denied. B-23 MYRA THOMAS Myra Thomas appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove her name from the Police Officer (M3394Y), city of Newark eligible list on the basis of her failure to meet the age requirement. ACTION: The Merit System Board directed that this appeal be denied. B-24 ROBERT DAVIS Robert Davis, a Senior Correction Officer at East Jersey State Prison, Department of Corrections, represented by Anthony J. Fusco, Jr., Esq., petitions the Merit System Board for interim relief of his removal, effective May 24, 1999, pending the outcome of his hearing at the Office of Administrative Law. ACTION: The Merit System Board denied the request for interim relief. B-25 DEBORAH FRICK Deborah Frick, a Senior Parole Officer with the Division of Parole and Community Programs, Department of Corrections, requests interim relief with regard to her 20-day suspension pending the outcome of her hearing at the Office of Administrative Law. ACTION: The Merit System Board denied the request for interim relief. B-26 KELLY ANNE TARGETT Kelly Anne Targett, a permanent Library Page with the Kearny Public Library, Town of Kearny, requests interim relief. ACTION: The Merit System Board granted the request for interim relief. B-27 CURTIS COHEN The Department of Corrections (DOC), represented by Jennifer Meyer-Mahoney, Deputy Attorney General, requests a stay of the Merit System Board decisions, In the Matters of Curtis Cohen (MSB, decided February 9, 1999 and June 21, 1999) pending its appeal to the Superior Court, Appellate Division. Further, Curtis Cohen, represented by Robert A. Fagella, Esq., requests enforcement of prior sanctions imposed by the Board and counsel fees in regard to the enforcement matter. ACTION: The Merit System Board denied the request for a stay, enforcement of sanctions and counsel fees. B-28 JAMES DAVIS The Department of the Treasury, represented by Joan M. Weidner, Deputy Attorney General, requests reconsideration and a stay of that part of the final decision, rendered on March 9, 1999, which modified the removal on charges of James Davis, Printing Operations Technician 4, General Services Administration, to a six-month suspension. ACTION: The Merit System Board denied the request for reconsideration and a stay. B-29 BRUCE C. COOKE Bruce C. Cooke, a former provisional Senior Parole Officer, Juvenile Justice, with the Juvenile Justice Commission, Department of Law and Public Safety, appeals the determination of the Attorney General, stating that the appellant failed to present sufficient evidence to support a finding of probable cause that he had been discriminated against based on his race. This matter was held over from the August 10, 1999 Merit System Board meeting. ACTION: The Merit System Board directed that this appeal be denied. B-30 ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST - MICHAEL A. DEPOMPEO V. TOWNSHIP OF TEANECK Administrative Law Judge (ALJ) Jeffrey A. Gerson issued an order which denied consolidation of the above. Based on this determination, the Merit System Board and the Public Employment Relations Commission developed a joint order adopting the ALJ's order. This joint order is before the Board for consideration and approval ACTION: The Merit System Board adopted the joint order denying consolidation. B-31 STEPHEN ERMI The City of Bordentown, represented by Richard W. Hunt, Esq., requests Merit System Board review of the amount of back pay to which Stephen Ermi is entitled based on the Board decision rendered on December 6, 1994, which reinstated him following a 30-day suspension. ACTION: The Merit System Board ordered the appointing authority to pay $111,258.03 in back pay and give the appellant 3.75 sick days and 3 vacation days. B-32 LABORER (SPECIAL REEMPLOYMENT LIST), TOWN OF WEST NEW YORK The appointing authority's failure to properly dispose of the certification for Laborer while a provisional appointee is serving in the title has been referred to the Merit System Board for enforcement. ACTION: The Merit System Board ordered the appointing authority to remove the provisional, make an appointment from the certification, and pay compliance costs. B-33 ROBERT BLADES The appeal of Robert S. Blades, a County Correction Officer at Burlington County Detention Center, Department of Corrections, concerning his 15-day and 20-day suspensions on charges, was heard by Administrative Law Judge M. Kathleen Duncan (ALJ), who rendered her initial decision on June 7, 1999. At its meeting on July 7, 1999, the Board affirmed the ALJ's recommendation to dismiss the 15-day suspension and uphold the 20-day suspension. The proposed final decision in this matter is now submitted for the Board's review and approval. ACTION: The Merit System Board adopted the final decision. B-34 SHERON HUGHLEY The appeal of Sheron Hughley, Graduate Nurse, 12 Months, New Lisbon Developmental Center, Department of Human Services, of her 30-day suspension on charges, was heard by Administrative Law Robert S. Miller (ALJ), who rendered his initial decision on March 26, 1999. The Merit System Board, at its meeting on July 7, 1999, adopted the ALJ's recommendation to modify the 30-day suspension to a 15-day suspension. The proposed final decision is now submitted for the Board's review. ACTION: The Merit System Board adopted the final decision. B-35 WALTER OLIVANT, ET AL. The appeals of three Department of Environmental Protection (DEP) employees, Walter Olivant, a Principal Environmental Engineer with the Division of Water Quality, Thomas Quigley, a Hazardous Site Mitigation Specialist with the Division of Responsible Party Site Remediation, and Richard DeWan, a Section Chief with the Division of Water Quality, concerning their 65-day suspensions on charges, were heard by Administrative Law Judge (ALJ) Anthony T. Bruno, who rendered his initial decision on April 12, 1999. The Merit System Board, at its meeting on July 7, 1999, did not adopt the ALJ's recommendation to modify Olivant's penalty to a 90- day suspension, and to modify the penalties for Quigley and DeWan to 30-day suspensions. Rather, the Board concluded that the appropriate penalty for Olivant was a 30-day suspension, and the appropriate penalties for Quigley and DeWan were 15-day suspensions. The proposed final decision is now submitted for the Board's review. ACTION: The Merit System Board adopted the final decision. VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) B-36 JOSEPH ELLIS The appeal of Joseph Ellis, a Custodial Worker with the State Operated School District of the City of Newark, of his removal effective November 27, 1996 on charges, was heard by Administrative Law Judge Barbara A. Harned (ALJ), who rendered her initial decision on May 4, 1999 upholding his removal. At its meeting on July 7, 1999, the Board affirmed the ALJ's recommendation that the appellant's removal be upheld. The proposed final decision in this matter is now submitted for the Board's review and approval. ACTION: The Merit System Board adopted the final decision. VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) B-37 JASON DOZIER The appeal of Jason Dozier, Cottage Training Technician, Woodbine Developmental Center, Department of Human Services, concerning his removal effective November 26, 1997 on charges, was heard by Administrative Law Judge Lillard E. Law, who rendered his initial decision on May 20, 1999 upholding the removal. The Merit System Board, at its meeting on July 7, 1999 affirmed the ALJ's recommendation. However, the Board found it necessary to address some of the ALJ's findings. The proposed final decision in this matter is now submitted for the Board's review and approval. ACTION: The Merit System Board adopted the final decision. VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) B-38 ALFRED VAN SLYK The appeal of Alfred Van Slyck, a Heavy Equipment Operator with the Village of Ridgewood, of his removal, effective April 18, 1997 on charges, was heard by Administrative Law Judge Margaret M. Hayden (ALJ), who rendered her initial decision on February 16, 1999 reversing the removal. At its meeting on July 7, 1999, the Board affirmed the ALJ's recommendation that the appellant's removal be reversed. The proposed final decision in this matter is now submitted for the Board's review and approval. ACTION: The Merit System Board adopted the final decision. VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) B-39 MICHAEL CIPRIANO The appeal of Michael Cipriano, Correction Officer Recruit, Albert C. Wagner Youth Correctional Facility, State Department of Corrections, concerning his release at the end of his 12-month working test period effective February 16, 1998, was heard by Administrative Law Judge Joseph F. Fidler, who rendered his initial decision on June 10, 1999, reversing the release and granting appellant a new, shortened working test period. The Merit System Board, at its meeting on July 19, 1999, affirmed the ALJ's recommendation but specified that the length of this working test period be set at six months. The proposed final decision is now submitted for the Board's review. ACTION: The Merit System Board adopted the final decision. VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) B-40 WILLIAM CARROLL The appeal of William Carroll, a Sheriff's Officer with Morris County, of his removal effective December 17, 1997 on charges, was heard by Administrative Law Judge Maria Mancini LaFiandra (ALJ), who rendered her initial decision on April 1, 1999, reversing the removal. At its meeting on July 19, 1999, the Board adopted the ALJ's recommendation. The proposed final decision is now submitted for the Board's review. ACTION: The Merit System Board adopted the final decision. VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) B-41 CHARLOTTE CHILDS The appeal of Charlotte Childs, a Practical Nurse with Greystone Park Psychiatric Hospital (Hospital), Department of Human Services, of her 120-day suspension on charges, was heard by Administrative Law Judge Michael L. Ravin (ALJ), who rendered his initial decision on June 3, 1999. At its meeting on July 19, 1999, the Merit System Board affirmed the recommendation of the ALJ to reverse the suspension. The proposed final decision is now submitted for the Board's review. ACTION: The Merit System Board adopted the final decision. VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) B-42 ROGER MOLLETT The appeal of Roger Mollett, a Human Services Technician with Greystone Park Psychiatric Hospital, Department of Human Services, of his removal effective January 16, 1996 on charges, was heard by Administrative Law Judge Mumtaz Bari- Brown (ALJ), who rendered her initial decision on May 25, 1999. At its meeting on July 19, 1999, the Merit System Board affirmed the recommendation of the ALJ to reverse the removal. The proposed final decision is now submitted for the Board's review. ACTION: The Merit System Board adopted the final decision. VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) B-43 JOANNE LATHAN The appeal of Joanne Lathan, a Probation Officer with the Administrative Office of the Courts, of her resignation not in good standing and her removal effective July 15, 1996 on charges, was heard by Administrative Law Judge Kathryn A. Clark (ALJ), who rendered her initial decision on June 23, 1999. The Merit System Board, at its meeting on July 19, 1999, adopted the ALJ's recommendation to uphold the resignation not in good standing. However, the Board clarified that only the resignation not in good standing based on job abandonment was upheld. The proposed final decision is now submitted for the Board's review. ACTION: The Merit System Board adopted the final decision. VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) B-44 CURTIS CHIUMENTO The appeal of Curtis Chiumento, a Sheriff's Sergeant with the Camden County Sheriff's Office, of his written reprimand on charges, was heard by Administrative Law Judge Bernard Goldberg (ALJ), who rendered his initial decision on May 21, 1999. The Merit System Board, at its meeting on July 19, 1999, did not adopt the ALJ's recommendation to uphold the written reprimand on one of the charges. Rather, the Board dismissed the charges and vacated the penalty. The proposed final decision is now submitted for the Board's review. ACTION: The Merit System Board adopted the final decision. VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) B-45 MICHAEL SMITH The appeal of Michael Smith, a Human Services Technician with Trenton Psychiatric Hospital, Department of Human Services, of his removal, effective January 22, 1998 on charges, was heard by Administrative Law Judge Walter F. Sullivan (ALJ), who rendered his initial decision on April 29, 1999. The Merit System Board, at its meeting on July 19, 1999, did not adopt the ALJ's recommendation to uphold the removal. Rather, the Board concluded that the appropriate penalty is a three-month suspension. The proposed final decision is now submitted for the Board's review. ACTION: The Merit System Board adopted the final decision. VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) B-46 EDWARD WISE The appeal of Edward Wise, a Code Enforcement Officer with Atlantic City, of his removal effective January 18, 1994 on charges, was heard by Administrative Law Judge John R. Tassini (ALJ), who rendered his initial decision on March 2, 1999 upholding the removal. At its meeting on July 19, 1999, the Board accepted the ALJ's recommendation that the appellant's removal be upheld. However, while the Board agreed with the ALJ's recommendation that the removal be upheld, it determined that the appellant was entitled to back pay from the date of his immediate suspension to the first day of his departmental hearing. The proposed final decision is now submitted for the Board's review. ACTION: The Merit System Board adopted the final decision. VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) B-47 JOSEPH ZAYAK The appeal of Joseph Zayak, a Police Lieutenant with the Township of Woodbridge, regarding his removal effective April 2, 1997 on charges, was heard by Administrative Law Judge (ALJ) Anthony T. Bruno, who rendered his initial decision on May 27, 1998, upholding the removal. At its meeting on July 19, 1999, the Board did not adopt the ALJ's recommendation that the appellant be removed. Rather, the Board ordered that the matter be remanded to the Office of Administrative Law. The proposed decision is now submitted for the Board's review. ACTION: The Merit System Board adopted the final decision. VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) B-48 ROBERT GREDONE The appeal of Robert Gredone, Supervisor, Regional Food Services, Bayside State Prison, Department of Corrections, concerning his removal effective May 9, 1997 on charges, was heard by Administrative Law Judge M. Kathleen Duncan (ALJ), who rendered her initial decision on January 25, 1999. At its meeting on July 19, 1999, the Board did not accept the ALJ's recommendation to reverse the removal. Rather, the Board modified the penalty to a three-month suspension. The proposed final decision is now submitted for the Board's review. ACTION: The Merit System Board adopted the final decision. VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) B-49 LARRY CALHOUN The appeal of Larry Calhoun, a Human Services Assistant at the Marlboro Psychiatric Hospital (MPH), Department of Human Services, regarding a 12-day suspension on charges, was heard by Administrative Law Judge M. Kathleen Duncan (ALJ), who rendered her initial decision on May 18, 1999 reversing the 12-day suspension. At its meeting on August 10, 1999, the Board did not affirm the ALJ's recommendation. Rather, the Board sustained the charges and concluded that the appointing authority's action in imposing a 12-day suspension was appropriate. The proposed final decision is now submitted for the Board's review. ACTION: The Merit System Board adopted the final decision. VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Abstained) B-50 FELICIA LAWSON The appeal of Felicia Lawson, a Cottage Training Technician with Woodbine Developmental Cnter, Department of Human Services, of her removal, effective April 8, 19997 on charges, was heard by Administrative Law Judge Edgar R. Holmes (ALJ), who rendered his initial decision on April 7, 1999, at its meeting on August 10, 1999, the Merit System Board affirmed the recommendation of the ALJ to reverse the removal. The proposed decision is now submitted for the Board's review. ACTION: The Merit System Board adopted the final decision. VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Abstained) B-51 ARTHUR DANDO The appeal of Arthur Dando, a Police Officer with Woodbridge Township, of his 60-day and 30-day suspensions on charges, was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on July 1, 1999 upholding the suspensions. At its meeting on August 10, 1999, the Board affirmed the ALJ's recommendation. The proposed final decision is now submitted for the Board's review. ACTION: The Merit System Board adopted the final decision. VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Abstained) B-52 AUDREY M. ALPHEUS, ET AL. Audrey M. Alpheus, Renee Earlie-Colay, Connie Reynolds, Seema Shahdin, Natalie Washington and Mila Williams appeal the determination of the Division of Selection Services which found that they did not meet the experience requirement for the examination for Employment Specialist (PC6689W), Atlantic County. ACTION: The Merit System Board directed that these appeals be denied. B-53 BRIAN BLASER AND ROLAND O. HORSCH Brian Blaser and Roland O. Horsch appeal the determination of the Division of Selection Services which found that they did not meet the experience requirement for the promotional examination for Sign Maker 1 (PM7042W), Freehold Township. ACTION: The Merit System Board directed that these appeals be granted. B-54 MIRIAM COLEMAN AND DONNA L. PERNA Miriam Coleman and Donna L. Perna appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirement for the promotional examination for Administrative Analyst 2 (Data Processing) (PS4853K), Division of Youth & Family Services, Department of Human Services. ACTION: The Merit System Board directed that these appeals be granted. B-55 MARY J. FINKEN Mary J. Finken appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Principal Account Clerk (PC0401W), Warren County Treasurer's Office. ACTION: The Merit System Board directed that this appeal be granted. B-56 DANA S. FRECK, ET AL. Dana S. Freck, Mark Kears, Diane Lewis, and Naina Raina appeal the determination of the Division of Selection Services which found that they did not meet the experience requirement for the promotional examination for Administrative Analyst 2 (Data Processing) (PS4853K), Division of Youth and Family Services, Department of Human Services. ACTION: The Merit System Board directed that these appeals be denied. B-57 STEPHANIE HOTTENDORF Stephanie Hottendorf appeals the determination of the Division of Selection Services, which denied her eligibility for admittance to the examination for Management Specialist (PM3907V), City of Hoboken. ACTION: The Merit System Board directed that this appeal be denied. B-58 RAYMOND A. JEFFERSON Raymond A. Jefferson appeals the determination by the Division of Selection Services that he did not meet the experience requirement for the promotional examination for Painter (PS6829K) Woodbine Developmental Center, Department of Human Services. ACTION: The Merit System Board directed that this appeal be granted. B-59 RAELEEN A. MCCRINK AND WERNER VOSSKAEMPER Raeleen A. McCrink and Werner Vosskaemper appeal the determinations of the Division of Selection Services which found that they did not meet the experience requirement of the promotional examination for Program Manager, Family Health Programs (PS7094H), Department of Health and Senior Services. ACTION: The Merit System Board directed that these appeals be denied. B-60 SIMON O. NWACHUKWU Simon O. Nwachukwu appeals the determination of the Division of Selection Services which found that he did not meet the educational requirements for the open competitive examination for Assistant Engineer (M0952A), Burlington Township ACTION: The Merit System Board directed that this appeal be denied. B-61 TINA L. PLAZA Tina L. Plaza appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Affirmative Action Specialist (PM1641U), City of Newark. ACTION: The Merit System Board directed that this appeal be denied. B-62 DEBRA ZIELINSKI Debra Zielinski 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 Assistant 2 (PS6729U), Office of Management and Budget. ACTION: The Merit System Board directed that this appeal be granted. B-63 PAUL AVERY Paul Avery appeals his score on the examination for Fire Captain (PM0939U), Bayonne. ACTION: The Merit System Board directed that this appeal be denied. B-64 WILLIAM BARTOS William Bartos appeals his score on the examination for Fire Captain (PM0939U), Bayonne. ACTION: The Merit System Board directed that this appeal be denied. B-65 WILLIAM BEST William Best appeals his score on the examination for Police Lieutenant (PM3196S), Middletown. ACTION: The Merit System Board directed that this appeal be denied. B-66 BERNARD BLAKE Bernard Blake appeals his score on the examination for Fire Lieutenant (PM1199T), Plainfield. ACTION: The Merit System Board directed that this appeal be denied. B-67 LEON BOROWSKI Leon Borowski appeals his score on the examination for Fire Captain (PM0939U), Bayonne. ACTION: The Merit System Board directed that this appeal be denied. B-68 GREGG CARIDDI Gregg Cariddi appeals his score on the examination for Fire Lieutenant (PM1343U), Hackensack. ACTION: The Merit System Board directed that this appeal be denied. B-69 PETER DANZO Peter Danzo appeals his score on the examination for Fire Lieutenant (PM1343U), Hackensack. ACTION: The Merit System Board directed that this appeal be denied. B-70 ROBERT FLANAGAN Robert Flanagan appeals his score on the examination for Fire Captain (PM0943U), Morristown. ACTION: The Merit System Board directed that this appeal be denied. B-71 JOSEPH GERYK Joseph Geryk appeals his score on the examination for Fire Captain (PM0939U), Bayonne. ACTION: The Merit System Board directed that this appeal be denied. B-72 LAWRENCE HOLDER Lawrence Holder appeals his score on the examination for Fire Captain (PM1187T), East Orange. ACTION: The Merit System Board directed that this appeal be denied. B-73 WINSTON JACKSON Winston Jackson appeals his score on the examination for Fire Captain (PM1187T), East Orange. ACTION: The Merit System Board directed that this appeal be denied. B-74 JOSEPH LYGA Joseph Lyga appeals his score on the examination for Fire Captain (PM0939U), Bayonne. ACTION: The Merit System Board directed that this appeal be denied. B-75 DENNIS MENZEL Dennis Menzel appeals his score on the examination for Fire Captain (PM1187T), East Orange. ACTION: The Merit System Board directed that this appeal be denied. B-76 THOMAS SCALERA Thomas Scalera, represented by Eugenie Temmler, Esq., appeals his score on the examination for Fire Lieutenant (PM1199T), Plainfield. ACTION: The Merit System Board directed that this appeal be denied. B-77 JONATHAN YODER The Superior Court, Appellate Division, has remanded the appeal of Jonathan Yoder, represented by Craig Gumpel, Esq., concerning his score on the dimension of leadership on the promotional examination for Fire Captain (PM4795P), Trenton. ACTION: The Merit System Board directed that this appeal be denied. B-78 DELORES D. CAMPBELL Delores Campbell appeals the decision of the Manager, Shared Services Center II to deny her appointment from the special re-employment list for the title Technical Assistant 2, Department of Personnel (CSC). It is noted that this matter was held over from the Board's August 10, 1999 meeting due to lack of a quorum. ACTION: The Merit System Board directed that this appeal be denied. VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) B-79 JOSEPH JULIANO, JR. Joseph Juliano, Jr. appeals the decision of the Division of Selection Services which denied his request for a make-up examination for Police Sergeant (PM0959W), City of Newark. ACTION: The Merit System Board directed that this appeal be denied. B-80 WALTER WEHNER The Assistant Commissioner, State and Local Operations, requests that the provisions of N.J.A.C. 4A:4-7.1, which governs the permanent transfer of an employee between organizational units within the same governmental jurisdiction, be relaxed to permit the permanent transfer of Walter Wehner from the Department of Transportation to Monmouth County effective June 19, 1999. ACTION: The Merit System Board granted the request. B-81 DEPARTMENT OF MILITARY AND VETERANS AFFAIRS The Director, Division of Human Resource Management (DHRM), requests that N.J.A.C. 4A:3-1.2(e) be relaxed so that 14 Project Specialist positions in the Challenge Youth Program, Department of Military and Veterans Affairs, be allocated to the noncompetitive division of the career service on an interim basis in accordance with N.J.A.C. 4A:3-1.2(c)3. ACTION: The Merit System Board granted the request. B-82 SPECIAL DEPUTY APPOINTMENTS, HUNTERDON COUNTY Hunterdon County, represented by Gaetano DeSapio, Esq. appeals the determination of the Division of Human Resource Management that the Special Deputy designation is inappropriate for classification of positions in the Hunterdon County Sheriff's Department. ACTION: The Merit System Board directed that this appeal be denied. B-83 FRANK MAXWELL, GRIEVANCE APPEAL Frank Maxwell, Engineering Technician 5, represented by John Seiler, CWA Local 1034, appeals the detemination of his PAR grievance by the Department of Environmental Protection. ACTION: The Merit System Board granted a hearing. B-84 N.J.A.C. 4A:6-1.5 and 1.9 (VACATION AND ADMINISTRATIVE LEAVE ADJUSTMENTS) It is recommended that the proposed amendments to N.J.A.C. 4A:6-1.5 and 1.9 (Vacation and administrative leave adjustments), be adopted as proposed. ACTION: The Merit System Board adopted the proposed amendments. B-85 N.J.A.C. 4A:6-1.18 (LEAVE FOR EMERGENCY CIVILIAN DUTY) It is recommended that the proposed amendments to N.J.A.C. 4A:6-1.18 (Leave for emergency civilian duty), be adopted as proposed. ACTION: The Merit System Board adopted the proposed amendments. B-86 N.J.A.C. 4A:6-1.21B (FEDERAL FAMILY AND MEDICAL LEAVE) It is recommended that the proposed amendments to N.J.A.C. 4A:6-1.21B (Federal and Medical Leave), be adopted as proposed. ACTION: The Merit System Board adopted the proposed amendments. B-87 MERIT SYSTEM BOARD MINUTES The Merit System Board Minutes for the Meeting of July 7, 1999, are submitted for adoption. ACTION: The Merit System Board adopted the minutes of its meeting of July 7, 1999. VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) B-88 MERIT SYSTEM BOARD MINUTES The Merit System Board Minutes for the Meeting of July 19, 1999, are submitted for adoption. ACTION: The Merit System Board adopted the minutes of its meeting of July 19, 1999. VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) B-89 MERIT SYSTEM BOARD MINUTES The Merit System Board Minutes for the Meeting of August 10, 1999, are submitted for adoption. ACTION: The Merit System Board adopted the minutes of its meeting of August 10, 1999. VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Abstained) B-90 CARRIE WYNDER Carrie Wynder, represented by Richard Gelade, Esq., appeals the determination of the Manager, Shared Services Center II, that her position was properly classified as Executive Assistant 4 (Class Code 22) for the period of March 1997 to March 1998. Appellant seeks an Administrative Assistant 1 (Class Code 25) or Personnel Management analyst 2 (Class Code 26) classification in this proceeding. It is noted that this matter was held over from the Board's August 10, 1999 meeting due to lack of a quorum. ACTION: The Merit System Board directed that this appeal be denied. VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) B-91 DEPARTMENT OF LABOR, DIVISION OF DISABILITY DETERMINATIONS SERVICES TITLES The Director, Division of Human Resource Management, requests that N.J.A.C. 4A:4-7.6, lateral title change criteria, be relaxed in order to implement the consolidation of Department of Labor, Division of Disability Determinations Services (DDS) titles from the Medical Relations Specialist, Claims Adjudicator Specialist title series into the new Claims Adjudicator title series. ACTION: The Merit System Board granted the request. B-92 N.J.A.C. 4A:4-2.6 AND 2.15 AND 4A:6-5.1, 5.2 AND 5.3 (PARS) It is recommended that the reproposed amendments to N.J.A.C. 4A:4-2.6 and 2.15 and 4A:6-5.1, 5.2 and 5.3 (PARs) be approved for publication in the New Jersey Register for public notice and comment. ACTION: The Merit System Board approved the amendments for publication. B-93 N.J.A.C. 4A:8 AND N.J.A.C. 4A:4-3.2 (LAYOFFS) It is recommended that the proposed readoption of and reproposed amendments to N.J.A.C. 4A:8 and a proposed amendment to N.J.A.C. 4A:4-3.2 (Layoffs) be approved for publication in the New Jersey Register for public notice and comment. ACTION: The Merit System Board approved the amendments for publication. B-94 EARLY SETTLEMENTS Joseph Blazich Administrative Office of the Courts Cape May Vicinage Release at the end of the working test period William Bush, II Hudson County 20 day suspension Thomas P. Davis Administrative Office of the Courts Cape May Vicinage Release at the end of the working test period Alfred Dutch Albert C. Wagner Correctional Facility Department of Corrections 15 day suspension Alfred Miccio Midstate Correctional Facility Department of Corrections 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, September 14, 1999, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey. __________________________________ JANICE MITCHELL MINTZ CHAIRWOMAN MERIT SYSTEM BOARD

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