March 2012

• Commission grants request to revive promotional list to give eligible, who had  been on an extended military leave, an opportunity to be considered for appointment.  In the Matter of Joseph Salanitro.
• Commission finds eligible on special reemployment list not entitled to permanent appointment from that list when he was filling a position on an interim basis.  In the Matter of Paul Messina.
• Commission upholds removal of employee who used racial slurs in the workplace and physically threatened the co-worker who reported him. In the Matter of Raymond Smith.

February 2012 

• Commission denies request to delay reemployment of previously disabled Police Officer in order to hire additional Police Officer with grant funds.  In the Matter of Community Oriented Policing Services Hiring Program, City of Long Branch.
• Commission upholds discontinuation of interim appointment, finding it was within appointing authority's discretion to do so and consent of the Mayor was not required.  In the Matter of Timothy O'Neil.
• On remand from the New Jersey Supreme Court, Commission upholds bypass of eligible's name on a certification for Fire Fighter (M2246D).  In the Matter of Nicholas R. Foglio.
• Commission denies request for back pay, finding presumption that the appellant actively searched for employment while receiving Unemployment Insurance benefits had been rebutted.  In the Matter of Paul Scaife.

 January 2012

• Commission grants request to transfer employee despite existence of special reemployment list for the title.  In the Matter of Jacqueline Gonzalez.
• Commission upholds 30-day suspension of employee who authored a disrespectful letter to a superior concerning a back pay dispute.  In the Matter of Jody Pittman
• Commission denies request for counsel fees due to attorney's failure to submit required information despite repeated requests.  In the Matter of Gary MacDonald.
• Commission upholds removal of eligible's name from eligible list due to invalid drug test.  In the Matter of Carlos Olivencia.

December 2011

• Commission upholds the layoffs of two Social Workers with Mercer County Board of Social Services, finding no evidence of bad faith.  In the Matter of Sheryl Maneice and Terrence Gilliam.
• Commission upholds 120 working day suspension of County Correction Officer, finding that he punched an inmate without provocation and filed a purposely misleading report regarding the incident.  In the Matter of Jermane Carter.
• Commission upholds removal of Human Services Assistant, finding that videotape of the incident established that he was guilty of patient abuse.  In the Matter of Daniel Wilkinson.

November 2011

• Commission grants request to discontinue automatic extension of State promotional lists.  In the Matter of State Promotional Lists.
• Commission denies appeal of veteran applicant for non-competitive title but finds that the rights of three other veteran applicants were violated.  In the Matter of Alan Gatto.
• Commission upholds removal of veteran eligible's name from list based on the discontinuation of his previous State employment for ethical violations.  In the Matter of Paul Birkenstamm.
• Commission awards back pay to employees who did not work on two days of temporary layoff in Atlantic City's Department of Public Works, where evidence demonstrated several employees in same Department worked on those dates.  In the Matter of Atlantic City 2010 Temporary Layoffs.
• Commission grants request to enforce settlement agreement wherein the appellant agreed not to appeal his removal on certain charges within one year.  In the Matter of Arthur Rice

October 2011

• Commission approves the creation of the title of Correction Major to consolidate the functions performed by incumbents in the Director of Custody Operations and Correction Captain titles.  In the Matter of Correction Major

 September 2011

• Commission finds reassignment of a Senior Investigator, Parole and Secured Facilities, was a form of discipline and remanded the matter to appointing authority to either initiate disciplinary procedures or to return him to his original assignment.  In the Matter of Robert Trent
• Commission finds eligible on Correction Officer Recruit (S9999K) who noted violation of local ordinance did not falsify his application and restores his name to the eligible list.  In the Matter of Bryan Kopsic
• Commission upholds disqualification of candidate who participated in the promotional examination for Fire Captain who possessed a cell phone at the examination center.  In the Matter of Michael McKenzie
• Following a review of a videotape of the incident, Commission concludes that there was sufficient evidence to demonstrate that the appellant falsified a report and imposes a 90 working day suspension.  In the Matter of Larry Johnson

August 2011

• Commission remands the matter concerning the reassignment of a Secretarial Assistant 1 (Non-Stenographic) to the Motor Vehicle Commission to either initiate disciplinary procedures or to return the appellant to her position as a Secretarial Assistant 1 (Non-Stenographic) in the Assistant Chief Administrator's Office.  In the Matter of Tameshia Russell.
• Commission grants request to extend the closing date for certain promotional examinations for Police Sergeant from November 30, 2010 to November 30, 2011.  In the Matter of Police Sergeant Promotional Examinations.
• Commission grants make-up examinations to Entry Level Law Enforcement Examination candidates who were required to attend military drill sessions on the dates of their examinations.  In the Matter of John Campanile, et al.
• Commission denies requests of former Sheriff's Investigators to place their names on the Rice Bill List.  In the Matter of Elvis Jimenez, et al.

 July 2011

• Commission determines that a Public Safety Telecommunicator should have received 90 working days of paid military leave during the period of his Active Duty for Training.  In the Matter of Mario Gray.
• Commission modifies removal of a Supervisor Sewers/Supervisor Streets to a six-month suspension but orders that the appellant be demoted to a non-supervisory position.  In the Matter of Dan Junior Hines.
• Commission removes Sheriff's Officer, who, while on duty and in uniform, gave a note to a female employee containing sexually explicit and suggestive language. In the Matter of Nicolas Castillo.
• Commission finds release of a Chief Operating Engineer 1 was not justified and orders the appellant be afforded a new four-month working test period under the evaluation of a different supervisor.  In the Matter of Samuel Williams.
• On remand from the Supreme Court, Commission explains distinctions between major and minor disciplinary actions for purposes of progressive discipline and modifies removal of a Pumping Station Operator to a four month suspension.  In the Matter of Anthony Stallworth.
• Commission upholds 10-day suspension of a Painter, finding that direct and personal attacks were outside the boundaries permitted of a union representative when interacting with management and constituted conduct unbecoming a public employee.  In the Matter of Jose Santana.

June 2011

• Commission determines leaves of absences that were properly not deducted from seniority was a proper tie-breaker since all other layoff tie breakers were equal between targeted Building Maintenance Workers.  In the Matter of Pasquale Angelastro.
• Commission rejects appellant's attempted revocation of a settlement agreement on the basis that he was not afforded the required review period under 29 U.S.C. §262(f)(2) and acknowledges settlement agreement.  In the Matter of Jorge Guerrero.
• Commission adopts ALJ's recommendation to deny Police Officer's request to withdraw his appeal and orders that the matter be remanded to the Office of Administrative Law for further proceedings.  In the Matter of Rolan Carter.
• Commission imposes $3,204 fine for Department of Law and Public Safety's failure to comply with Commission decision to remove provisional from his title who failed examination four times.  In the Matter of Hiran Patel.
• Commission upholds removal of an Electrical Inspector for insulting or degrading comment about a racial, ethnic or religious group which was an endorsement of genocide.  In the Matter of Elmer Stocks.
• Commission finds that the title of Deputy County Emergency Management Coordinator is properly allocated to the career service.  In the Matter of Deputy County Emergency Management Coordinator.
• Commission upholds removal of a Senior Correction Officer with 23 years of service who took a cellular telephone that did not belong to him and who did not intend to return it to the rightful owner.  In the Matter of William Johnson.

May 2011

• Commission finds County Correction Officer is not entitled to a hearing regarding minor discipline, where notice regarding five-day suspension was served more than one year after he received a Final Notice of Disciplinary Action imposing a 15-day suspension. In the Matter of John Burd.
• Commission denies appeals of 102 employees of the Department of Corrections, who received minor disciplinary fines when they called out sick on dates on which there was significant snowfall. In the Matter of Christopher Allen, et al. and In the Matter of Dorothy Nuttall.
• Commission upholds employee's return to his permanent title at the end of his working test period, finding that supervisor's failure to timely request an extension of the working test period did not establish bad faith. In the Matter of Charles Greenberg.
• Commission upholds removal of Fire Fighter who tested positive for drug use, finding that appointing authority was not mandated to provide him with a "Last Chance Agreement." In the Matter of Michael Larino.
• Commission upholds indefinite suspension of employee until completion of the Pre-Trial Intervention Program. In the Matter of Jackie Seton.
• Following a hearing, Commission affirms the removal of an eligible from the Police Officer (S9999H), Newark, eligible list, finding sufficient evidence of affiliation with gang members. In the Matter of Corey Grimes.

April 2011

• Commission upholds the Department of Human Services' denial of employee's request for an education leave of absence.  In the Matter of Nidia Zuercher. 
• Commission finds that temporary layoff of Municipal Clerk in the City of Camden did not violate N.J.S.A. 40A:9-165.  In the Matter of Luis Pastoriza.
• Commission denies request for a stay of implementation of the Department of Environmental Protection's modification of its Alternative Workweek Program and affirms modification.  In the Matter of Alternative Workweek Program, Department of Environmental Protection.
• Commission affirms the Department of Law and Public Safety's termination of its Alternative Workweek Program.  In the Matter of Alternative Workweek Program, Department of Law and Public Safety.
• Commission grants employee a demotional title right to her prior held title of Police Records Clerk.  In the Matter of Beverly Schnegelsberger.
• Commission upholds removal of a Laborer who submitted fraudulent medical documentation to justify his use of sick leave.  In the Matter of Eddie Jimenez.

 March 2011 

• Commission grants request to consider the specialized credentials of employees in administering a layoff in the Department of Community Affairs. In the Matter of Department of Community Affairs Layoff.
• Commission reverses prior decision and finds that N.J.S.A. 40A:9-117a permits the appointment of unclassified Sheriff’s Investigators not to exceed 15% of the total number of Sheriff’s Officers employed in the jurisdiction, regardless of rank. In the Matter of Sheriff’s Investigator, Passaic County Sheriff’s Office.

February 2011

• Commission imposes $2,000 fine for East Orange's failure to comply with order to properly dispose of a certification.  In the Matter of Complaint Investigator (M0101K) and (M0724K), East Orange. 
• Commission denies grievance of a Crew Supervisor, Electricians, who challenged the requirement that he participate in mandatory overtime for snow removal duties.  In the Matter of Timothy Clymer.
• Commission upholds removal of Judiciary employee who attempted to use her position to influence the dismissal of a parking ticket.  In the Matter of Martina Kotur.
• Commission upholds removal of Senior Correction Officer who discussed personal information about himself and another officer with an inmate.  In the Matter of Christopher Hendershot.
• Commission upholds removal of County Correction Sergeant who tested positive for the use of cocaine, finding that the competent and credible evidence supported the validity of the drug test.  In the Matter of Michael Picariello.
• Commission denies requests from 15 Police Officers with Camden to be promoted to Police Sergeant due to their "Acting" service.  In the Matter of Police Sergeant (PM2650G), Camden.

January 2011

• Commission revives and extends eligible pool resulting from the Law Enforcement Examination (LEE).  In the Matter of Law Enforcement Examination (S9999K). 
• Commission revives and extends open-competitive lists for Fire Fighter for certain jurisdictions.  In the Matter of Open-Competitive Lists for Fire Fighter.
• Commission denies appeal of temporary layoffs in the City of Newark.  In the Matter of Temporary Layoffs, City of Newark.

October 2010

• Commission denies SLI benefits, finding that the employee was grossly negligent in exceeding the posted speed limit during a period of inclement weather.  In the Matter of Samantha Verwilt.
• Commission upheld 20-day suspension of Police Captain who disregarded traffic laws while off duty and exhibited disrespect toward a subordinate officer in public.  In the Matter of Paul Messina.
• Commission affirms disqualification of candidate for County Correction Sergeant examination and his removal from employment, based on the finding that he altered his answer sheet during the examination review.  In the Matter of Americo Arzola.

September 2010

None

August 2010

• Commission denies SLI benefits, finding that employee was grossly negligent when she attempted to close a window with a broom stick.  In the Matter of Sandra Gelder.
• Commission upholds 15-day suspension, finding that employee was insubordinate when he disrespected and cursed at a superior officer.  In the Matter of Joseph Moreno.

July 2010

• Commission upholds restoration of veteran's name to certification for County Correction Officer (S9999K), finding that proof of active military service excused his failure to respond to Notice of Certification.  In the Matter of Daniel Kim.

June 2010

• Commission denies requests to continue enhanced voluntary furlough program but permits participants to use 30 additional furlough days in the 2010 calendar year.  In the Matter of the State Voluntary Furlough Program for Fiscal Year 2011.
• Commission upholds six-day suspension, finding that the failure of the Police Chief to sign the Preliminary Notice of Disciplinary Action did not invalidate the discipline.  In the Matter of Ciro Mangione.

May 2010

• Commission denies request from Passaic County Sheriff's Office that it be permitted to employ unclassified Sheriff's Investigators in excess of 15% of the total number of Sheriff's Officers it employed.  In the Matter of Sheriff's Investigator, Passaic County Sheriff's Office.
• Commission upholds removal of employee based on evidence that he intended to extend his vacation prior to experiencing unforeseen circumstances that necessitated a further extension.  In the Matter of Emanuel Amadi.

April 2010

• Commission denies request to stay layoff of employees in Harrison, finding that the passage of a resolution by the Town Council, who is the appointing authority, ratified the layoff plan submitted by the Mayor.  In the Matter of Town of Harrison Layoff.
• Commission denies request to stay layoff of employees in Atlantic City, finding that unions had not demonstrated a clear likelihood of success on future good faith layoff appeals.  In the Matter of Atlantic City Layoff.
• Commission denies request for back pay from employee's estate where criminal charges against employee remained pending at the time of his death.  In the Matter of Peter Riva.

March 2010

• Commission relaxes rules governing promotional pay adjustments in order to implement terms of a Memorandum of Agreement and an Interest Arbitration Award.  In the Matter of Investigator, Secured Facilities Title Series and State First Level Law Enforcement Supervisory Titles.
• Commission upholds layoff of two Laborers, finding that it was correctly determined that they were employed by one of the affected layoff units.  In the Matter of Paul Zimmerman and Jack Bowen.
• Commission upholds removal of Police Officer who possessed and took Xanax without a valid prescription.  In the Matter of Arnaldo Lopez.
• Commission modifies removal of law enforcement officer and orders that he commence receipt of his base salary on March 31, 2010, if not reinstated by that time.  In the Matter of Michael Wolff. 
• Commission upholds removal of Senior Correction Officer who tested positive for drug use, finding that misplacement of his split sample by independent laboratory did not render initial positive test invalid.  In the Matter of Gregory Pettey.

February 2010

• Commission denies request for SLI benefits, finding that Senior Correction Officer was grossly negligent when he exposed an open wound on his left thumb to the blood of an inmate.  In the Matter of Jeremy Dusenbery.
• Commission upholds removal of Senior Correction Officer charged with falsely reporting an attempted inmate escape and simultaneously adopts written decision to ensure appellant does not receive his base salary in accordance with P.L. 2009, c. 16.  In the Matter of Tracy Gordon.
• Commission upholds removal of Human Services Technician charged with physically assaulting a patient after reviewing a video tape of the incident.  In the Matter of Aletha Crosland.
• Commission finds good cause to deny request for back pay during period of employee's indefinite suspension following dismissal of the criminal charges.  In the Matter of Dumis Barreau. 

January 2010

• Commission finds that provision in collective negotiations agreement between Woodbridge Fire District #1 and union, which allows use of sick leave for personal business, violates Civil Service rules. In the Matter of Woodbridge Fire District #1.

December 2009

• Commission finds that Borough Council is the appointing authority for the Borough of Roselle. In the Matter of Borough of Roselle Appointing Authority.
• Commission upholds eligible's bypass for appointment, finding it appropriate to consider appointee's provisional service in title when making a permanent appointment. In the Matter of Donald Fillinger.
• Commission orders immediate reinstatement of a County Correction Officer, who was successful in having his removal reversed by the Superior Court, Appellate Division. In the Matter of Michael Brown.
• On remand from the Appellate Division, Commission finds that it lacks jurisdiction to entertain a request for back pay from an employee represented by CWA. In the Matter of Carmela Thompson.

November 2009

• Commission disapproves of Mercer County's use of a "physical endurance" test for law enforcement candidates and orders retroactive appointments of eligibles subjected to such a test who passed medical and psychological examinations. In the Matter of Gerald Brown, et al.
• Commission reverses employee's resignation not in good standing, finding that the appointing authority unreasonably failed to seek additional information prior to issuing disciplinary charges. In the Matter of Joel Smith.

Commission finds reassignment of a Senior Investigator, Parole and Secured Facilities, was a form of discipline and remanded the matter to appointing authority to either initiate disciplinary procedures or to return him to his original assignment.  In the Matter of Robert Trent

Commission finds eligible on Correction Officer Recruit (S9999K) who noted violation of local ordinance did not falsify his application and restores his name to the eligible list.  In the Matter of Bryan Kopsic

Commission upholds disqualification of candidate who participated in the promotional examination for Fire Captain who possessed a cell phone at the examination center.  In the Matter of Michael McKenzie

SEPTEMBER - 2011

Commission finds reassignment of a Senior Investigator, Parole and Secured Facilities, was a form of discipline and remanded the matter to appointing authority to either initiate disciplinary procedures or to return him to his original assignment.  In the Matter of Robert Trent

Commission finds eligible on Correction Officer Recruit (S9999K) who noted violation of local ordinance did not falsify his application and restores his name to the eligible list.  In the Matter of Bryan Kopsic

Commission upholds disqualification of candidate who participated in the promotional examination for Fire Captain who possessed a cell phone at the examination center.  In the Matter of Michael McKenzie

Commission finds reassignment of a Senior Investigator, Parole and Secured Facilities, was a form of discipline and remanded the matter to appointing authority to either initiate disciplinary procedures or to return him to his original assignment.  In the Matter of Robert Trent

Commission finds eligible on Correction Officer Recruit (S9999K) who noted violation of local ordinance did not falsify his application and restores his name to the eligible list.  In the Matter of Bryan Kopsic

Commission upholds disqualification of candidate who participated in the promotional examination for Fire Captain who possessed a cell phone at the examination center.  In the Matter of Michael McKenzie

Commission finds reassignment of a Senior Investigator, Parole and Secured Facilities, was a form of discipline and remanded the matter to appointing authority to either initiate disciplinary procedures or to return him to his original assignment.  In the Matter of Robert Trent

Commission finds eligible on Correction Officer Recruit (S9999K) who noted violation of local ordinance did not falsify his application and restores his name to the eligible list.  In the Matter of Bryan Kopsic

Commission upholds disqualification of candidate who participated in the promotional examination for Fire Captain who possessed a cell phone at the examination center.  In the Matter of Michael McKenzie

Commission finds reassignment of a Senior Investigator, Parole and Secured Facilities, was a form of discipline and remanded the matter to appointing authority to either initiate disciplinary procedures or to return him to his original assignment.  In the Matter of Robert Trent

Commission finds eligible on Correction Officer Recruit (S9999K) who noted violation of local ordinance did not falsify his application and restores his name to the eligible list.  In the Matter of Bryan Kopsic

Commission upholds disqualification of candidate who participated in the promotional examination for Fire Captain who possessed a cell phone at the examination center.  In the Matter of Michael McKenzie

Commission approves the creation of the title of Correction Major to consolidate the functions performed by incumbents in the Director of Custody Operations and Correction Captain titles.  In the Matter of Correction Major

Following a review of a videotape of the incident, Commission concludes that there was sufficient evidence to demonstrate that the appellant falsified a report and imposes a 90 working day suspension.  In the Matter of Larry Johnson

Commission grants request to transfer employee despite existence of special reemployment list for the title.  In the Matter of Jacqueline Gonzalez.

Commission upholds 30-day suspension of employee who authored a disrespectful letter to a superior concerning a back pay dispute.  In the Matter of Jody Pittman.

Commission denies request for counsel fees due to attorney's failure to submit required information despite repeated requests.  In the Matter of Gary MacDonald.

Commission upholds removal of eligible's name from eligible list due to invalid drug test.  In the Matter of Carlos Olivencia.

Commission grants request to transfer employee despite existence of special reemployment list for the title.  In the Matter of Jacqueline Gonzalez.

Commission upholds 30-day suspension of employee who authored a disrespectful letter to a superior concerning a back pay dispute.  In the Matter of Jody Pittman.

Commission denies request for counsel fees due to attorney's failure to submit required information despite repeated requests.  In the Matter of Gary MacDonald.

Commission upholds removal of eligible's name from eligible list due to invalid drug test.  In the Matter of Carlos Olivencia.

Commission grants request to transfer employee despite existence of special reemployment list for the title.  In the Matter of Jacqueline Gonzalez.

Commission upholds 30-day suspension of employee who authored a disrespectful letter to a superior concerning a back pay dispute.  In the Matter of Jody Pittman.

Commission denies request for counsel fees due to attorney's failure to submit required information despite repeated requests.  In the Matter of Gary MacDonald.

Commission upholds removal of eligible's name from eligible list due to invalid drug test.  In the Matter of Carlos Olivencia.

Commission grants request to transfer employee despite existence of special reemployment list for the title.  In the Matter of Jacqueline Gonzalez.

Commission upholds 30-day suspension of employee who authored a disrespectful letter to a superior concerning a back pay dispute.  In the Matter of Jody Pittman.

Commission denies request for counsel fees due to attorney's failure to submit required information despite repeated requests.  In the Matter of Gary MacDonald.

Commission upholds removal of eligible's name from eligible list due to invalid drug test.  In the Matter of Carlos Olivencia.

Commission grants request to transfer employee despite existence of special reemployment list for the title.  In the Matter of Jacqueline Gonzalez.

Commission upholds 30-day suspension of employee who authored a disrespectful letter to a superior concerning a back pay dispute.  In the Matter of Jody Pittman.

Commission denies request for counsel fees due to attorney's failure to submit required information despite repeated requests.  In the Matter of Gary MacDonald.

Commission upholds removal of eligible's name from eligible list due to invalid drug test.  In the Matter of Carlos Olivencia.