Janice Mitchell Mintz, Chairwoman Alan Dexter Bowman Margaret E. L. Howard Judith L. Shaw Leo R. Vartan
A regular meeting of the Merit System Board was held on Tuesday, April 4, 2000 in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz; Merit System Board Members, Alan Dexter Bowman, Margaret E. L. Howard, Judith Shaw, and Leo R. Vartan; Elizabeth Laufer, Deputy Attorney General; and Henry Maurer, Director.
In accordance with L.1975, c.231, Janice Mitchell Mintz, Chairwoman, Merit System Board, opened the meeting with the following statement:
Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on November 8, 1999 and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.
All other actions were by unanimous vote unless otherwise specified.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
George Boyer, Investigator Public Works, City of Camden, suspension.
Jeffrey A. Brown, Senior Correction Officer, Department of Corrections, Garden State Youth Correctional Facility, suspension.
Kevin Caldwell, Police Officer City of Jersey City, suspension.
Kenneth F. Hixenbaugh, Welfare Director, County of Salem, Board of Social Services, removal.
Agostinho Morias, Police Officer, City of Newark, suspension.
Miriam Prosper, Senior Clerk Typist, City of Jersey City, removal.
Mittie Williams, County Correction Officer, County of Camden, suspension.
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 with the exception of Ive Rose Colas:
Jamal Abrubakkr, Laborer, City of Newark, removal.
Robert Belisle, Operating Engineer I, Department of Human Services, Woodbine Developmental Center, resignation not in good standing.
Ronald Cloud, Custodial Worker, City of Newark, removal.
Ive Rose Colas, Human Services Assistant, Department of Human Services, Greenbrook Regional Center, suspension and removal.
Thomas Drum, Auditor Accountant Trainee, Department of the Treasury, release at the end of working test period.
Maxine Kantrowitz, Investigator Probation, Administrative Office of the Courts, Judiciary - Monmouth Vicinage, suspension.
Beverly Perry, Hospital Attendant, County of Bergen, suspension.
Marva Weston, Senior Juvenile Detention Officer, County of Burlington, removal.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Stanley Bednarczyk Borough of Wallington Suspension
In the Matter of Donald Baker Greystone Psychiatric Hospital Suspension
In the Matter of Kelly Delgaizo Warren County Detention Department Removal
In the Matter of John Fagan West Orange Police Department Suspension and Removal
In the Matter of Sharon Green Trenton Psychiatric Hospital Resignation Not in Good Standing
In the Matter of Evelyn Mayo Preakness Healthcare Center, Passaic County Suspension
In the Matter of Michael Owusu Monmouth County Health Care Facilities Removal
In the Matter of Esther Peters New Lisbon Developmental Center Department of Human Services Removal
In the Matter of Tony Richey Newark School District Suspension
In the Matter of Stanford Stubbs New Jersey Department of Transportation Removal
In the Matter of Carlton Thomas Passaic Police Department Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements with the exception of John Fagan, Sharon Green, and Stanford Stubbs.
A-2 JOSE BENITEZ
Jose Benitez, Building Maintenance Worker, Preakness Hospital, Passaic County, (1) suspension for 20 days and (2) removal effective April 16, 1998, on charges of (1) failure to report to work as scheduled and violation of Preakness Hospital Policy, patterning use of sick time and conduct unbecoming a public employee and use of foul language toward another employee.
Recommendation of the Administrative Law Judge - Uphold the 20-day suspension and removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-3 JAMES CAMPBELL
James Campbell, Assistant Supervising Maintenance Repairer, Jersey City Housing Authority, suspension for six days, on charges of failure to properly perform job duties and responsibilities, insubordination, and conduct unbecoming a Jersey City Housing Authority, (JCHA) supervisor.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-4 CUMBERLAND COUNTY HEALTH DEPARTMENT LAYOFF
Cumberland County Health Department Layoff/Demotions in lieu of layoffs effective March 14, 1999, for reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Uphold layoff/demotions in lieu of layoffs.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-5 RACHEL DANIELS
Rachel Daniels, Senior Correction Officer, New Jersey State Prison, Department of Corrections, suspension for ten days, on charges of failure or excessive delay in carrying out an order which would not result in danger to persons/property.
Recommendation of the Administrative Law Judge - Reverse the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-6 STEVEN ECKEL
Steven Eckel, Sheriff's Officer, Office of the Sheriff, County of Middlesex, suspension for five days, on charges of violation of Sheriff's Department rules and regulations and grievant's complaint that transfer was a disciplinary action.
Recommendation of the Administrative Law Judge - Dismiss the appeal with prejudice.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-7 JOSEPH FREDA
Joseph Freda, Senior Maintenance Repairer, the Borough of Belmar, Department of Public Works, suspension for 45 days, on charges of incompetency, inefficiency, conduct unbecoming an employee, neglect of duty and misuse of public property
Recommendation of the Administrative Law Judge - Reverse the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-8 JOSEPH LANIER
Joseph Lanier, Police Officer, Police Department, City of Jersey City, (1) suspension for ten days beginning December 23, 1996 (2) suspension for 45 days beginning February 1, 1997, and (3) suspension for 60 days beginning January 4, 1998, on charges of (1) inability to perform duties, and (2) violation of a courtesy rule which, states members shall be courteous and avoid abusive language at all times in their relationship with each other and the public, and another rule on cooperation, which states members shall cooperate with other units of the department, other members and outside law enforcement agencies, and (3) violation of G.O. #18-89, failure to stop at a stop light, failure to fasten seat belt, and failure to operate a vehicle with due care.
Recommendation of the Administrative Law Judge - Uphold the 10 and 45-day suspensions and modify the 60-day suspension to a five-day suspension.
ACTION: The Merit System Board modified the Administrative Law Judge's recommendation to uphold the 10 and 45 day suspensions and reverse the 60 day suspension.
A-9 ALBERT ORABONA
Albert Orabona, Senior Correction Officer, Mid-State Correctional Facility, Department of Corrections, indefinite suspension pending removal effective July 9, 1998 and removal effective November 30, 1998, on charges of conviction of a crime, simple assault, and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the suspension and removal.
ACTION: The Merit System Board directed that this matter be held over.
A-10 FULVIO STANZIALE
Fulvio Stanziale, Sanitary Inspector, Monmouth County Board of Health (MCBH), alleges reprisal on the part of the appointing authority for imposing minor discipline in the form of a one day suspension for insubordination.
Recommendation of the Administrative Law Judge - Dismiss the charges and reverse the suspension.
ACTION: The Merit System Board remanded this matter to the Office of Administrative Law.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (No) Margaret E. L. Howard (Yes) Judith Shaw (Yes) Leo R. Vartan (Yes)
A-11 BRIAN K. WOODS
Brian K. Woods, Senior Correction Officer, New Jersey State Prison, Department of Corrections, (1) suspension for 30 days and (2) removal effective July 9, 1997, on charges of (1) conduct unbecoming an officer, verbal abuse of an inmate, patient, client, resident or employee, insubordination, intentional disobedience or refusal to accept an order; assaulting or resisting authority; and disrespect or use of insulting or abusive language to a Supervisor; and (2) insubordination, intentional disobedience, refusal to accept an order, assaulting or resisting authority, disrespectful, insulting, or abusive language toward a superior and threatening, intimidating, harassing, coercing, or interfering with fellow employees on state property.
Recommendation of the Administrative Law Judge - Uphold the 30 day suspension and removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-12 KARL STASS - SETTLEMENT
Initial removal effective June 30, 1999, on charges of chronic and excessive absenteeism and being absent without leave. Settled to a modification of the removal to a six month suspension and reinstatement to employment and submission to random blood and/or urine tests. The Merit System Board at its meeting of March 21, 2000, directed that this matter be held over for receipt of a letter clarifying the terms of the settlement.
ACTION: The Merit System Board acknowledged the settlement.
A-13 YVONNE BURGESS
Yvonne Burgess, Clinical Specialist, Psychiatric Nursing, Department of Human Services, removal effective May 6, 1998, on charges of physical abuse of a resident and misuse of authority. The Merit System Board at its meeting of February 1, 2000, directed that this matter be held over in order to request and review more information concerning the hearing record before the Office of Administrative Law.
Recommendation of the Administrative Law Judge - Modify the removal to a six month suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (No) Margaret E. L. Howard (Yes) Judith Shaw (Yes) Leo R. Vartan (Yes)
A-14 JOSEPH WOLINSKI
Joseph Wolinski, Hospital Attendant, Department of Health and Rehabilitation, County of Essex, removal effective March 31, 1998, on charges of incompetency, inefficiency, inability to perform duties, conduct unbecoming a public employee, neglect of duty and violation of a stipulation of settlement. The Merit System Board at its meeting February 8, 2000, directed that this matter be held over.
Recommendation of the Administrative Law Judge - Modify the removal to six, six-month suspensions to run concurrent with each other.
ACTION: The Merit System Board modified the Administrative Law Judge's recommendation to a six month suspension.
VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith Shaw (Yes) Leo R. Vartan (Yes)
SECTION B - MISCELLANEOUS MATTERS
B-1 JOSEPH CRUZ
Joseph Cruz, represented by Donald M. Ferraiolo, Esq., appeals his rejection as a County Correction Officer by the County of Hudson 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 acknowledged the withdrawal of appeal.
B-2 JOHN FARGANO
John Fargano appeals his rejection as a County Correction Officer by the County of Hudson 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-3 THOMAS COSTANTINI
Thomas Costantini appeals the request by the New Jersey Department of Corrections to remove his name from the Correction Officer Recruit (S9999W) eligible list for medical unfitness to effectively perform the duties of the position.
ACTION: The Merit System Board directed that this appeal be granted.
B-4 RICHARD FISHER
Richard Fisher, a Correction Sergeant Juvenile Justice with the Juvenile Justice Commission, Department of Law and Public Safety, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this matter be held over.
B-5 NANCY GALARZA
Nancy Galarza, a Practical Nurse with 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 denied.
B-6 LYDIA HALL
Lydia Hall, a Cottage Training Technician with North Jersey 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.
B-7 DENNISE HARRIS
Dennis Harris, a Boarding Home Evaluator (Social) with the Department of Community Affairs, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-8 JOSEPH HARRISON
Joseph Harrison, a Senior Vault Clerk with the Department of Health and Senior Services, represented by Kim W. Jones, Staff Representative, CWA Local 1034, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-9 DAVID HEALY
David Healy, a Teacher 2, 12 Months with the Juvenile Justice Commission, Department of Law and Public Safety, represented by Donald L. Klein, Executive Vice President, CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted in part.
B-10 DEREK KILLEN
Derek Killen, a Storekeeper 2 with East Jersey State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board granted a hearing.
B-11 RICHELLE PIERSON (DANIEL)
Richelle Pierson (Daniel), a principal Clerk Typist with the Department of Health and Senior Services, represented by Joy Schulman, Staff Representative, CWA Local 1034, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-12 LEONI M. PINHEIRO
Leoni M. Pinheiro, a Senior Correction Officer with the Juvenile Justice Commission, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-13 HELEN TOTH
Helen Toth, a Principal Data Entry Machine Operator (Terminal) with the Division of Gaming Enforcement, Department of Law and Public Safety, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-14 RAUL P. VEGA
Raul P. Vega, a Repairer at North Jersey 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.
B-15 DONNELL AMAKER
Donnell Amaker appeals the decision of Human Resource Information Systems which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for County Correction Officer (C5436R), Union County, based on an unsatisfactory background report.
ACTION: The Merit System Board granted a hearing.
B-16 EDWARD J. BANACH
Edward J. Banach appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for the Police Officer (M3394Y), City of Newark, on the basis of an unsatisfactory background report and his failure to satisfy the City's residency requirements.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith Shaw (Yes) Leo R. Vartan (Yes)
B-17 MARY ANN DANDREA
Mary Ann Dandrea appeals the determination of the division of Selection Services which found that she did not meet the experience requirement for the Administrative Secretary/Office Services Manager (C6231O), Cumberland County, open competitive examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-18 THOMAS R. HOWE
Thomas R. Howe, represented by Arlindo B. Araujo, Esq., appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (M3394Y), City of Newark on the basis of a criminal record.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith Shaw (Yes) Leo R. Vartan (Yes)
B-19 PHILIP LORE
Philip Lore 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 Fire Fighter (M9065S), Jersey City, eligible list on the basis of an unsatisfactory employment record.
ACTION: The Merit System Board directed that this appeal be denied.
B-20 TRICHONDA LOVELAND
Trichonda Loveland appeals the decision of Human Resource Information Systems which found that the appointing authority had presented a sufficient basis to remove her name from the County Correction Officer (C1097Z), Atlantic County eligible list on the basis of falsification of her preemployment application.
ACTION: The Merit System Board directed that this appeal be denied.
B-21 ERIC ZIMMERMAN
Eric Zimmerman appeals the removal of his name from the eligible list for Juvenile Detention Officer (C6348S), Passaic County because he possessed an unsatisfactory employment record.
ACTION: The Merit System Board granted a hearing.
B-22 ORLANDO L. CHANDLER
Orlando L. Chandler, a Director of Finance with the Housing Authority of the City of Camden, represented by Christopher J. Keale, Esq., petitions the Merit System Board for a stay of his removal effective November 1, 1999, pending the outcome of his hearing at the Office of Administrative Law.
ACTION: The Merit System Board directed that this matter be held over.
B-23 DELORES W. DUBLIN
Delores W. Dublin, an Accountant 1, Ann Klein Forensic Center, Department of Human Services, petitions the Merit System Board for reconsideration of the decision rendered on December 20, 1999, which denied her request for a hearing in regard to her return to her former permanent title at the end of her working test period.
ACTION: The Merit System Board denied the request for reconsideration.
B-24 CURTIS GERMANY
Curtis Germany, a Security Guard with the State Operated School District of the City of Newark, represented by Nancy I. Oxfeld, Esq., petitions the Merit System Board for reconsideration of the final administrative decision rendered on April 20, 1999, which denied his request for a hearing in regard to his removal on charges.
ACTION: The Merit System Board granted the request for reconsideration and directed that this matter be transmitted to the Office of Administrative Law.
B-25 RAYMOND MAGLIACANO
The appeal of Raymond Magliacano, an Investigator 1, Taxation with the Department of the Treasury, of his removal effective June 20, 1995, on charges, was heard by Administrative Law Judge Margaret M. Hayden (ALJ), who rendered her initial decision on January 21, 2000, dismissing the appellant's appeal as moot and upholding the removal. At its meeting on March 7, 2000, the Merit System Board (Board) adopted the ALJ's recommendation. However, the Board found it necessary to address the ALJ's discussion of the forfeiture statute. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-26 AGNITTA RICHARDSON
The appeal of Agnitta Richardson, a Nurse's Aide at the John L. Montgomery Medical Home, Monmouth County, of her 15-day suspension on charges, was heard by Administrative Law Judge Beatrice S. Tylutki (ALJ), who rendered her initial decision on January 27, 2000, upholding the 15-day suspension. At its meeting on March 7, 2000, the Merit System Board adopted the ALJ's recommendation. However, the Board needed to address the culpability of the other individual in the incident. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-27 JENNIFER JONES
The appeal of Jennifer Jones, County Correction Officer, Burlington County Jail, of her removal effective June 26, 1998, on charges, was heard by Administrative Law Judge John R. Futey (ALJ), who rendered his initial decision on December 3, 1999, upholding the removal. At its meeting on February 1, 2000, the merit System Board (Board) did not adopt the ALJ's recommendation to uphold the removal. Rather, the Board determined that the removal be reversed. However, based on further review of the record, the Board, upon its own motion, granted reconsideration of its February 1, 2000 decision and determined that the appellant's removal was appropriate. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board directed that this matter be held over.
B-28 TELISSA DOWLING
The appeal of Telissa Dowling, a County Correction Officer with the Hudson County Department of Public Safety, of her removal effective June 14, 1994, on charges, was heard by Administrative Law Judge Stephen G. Weiss (ALJ), who rendered his initial decision on July 21, 1999. At its meeting on February 23, 2000, the Board adopted the ALJ's recommendation to uphold the removal. However, the Board did not adopt the ALJ's recommendation to award 11 days of back pay. Rather, the Board concluded that the appellant was not entitled to any back pay. 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 Shaw (Abstained) Leo R. Vartan (Abstained)
B-29 SHIRLEY HARRISON
The appeal of Shirley Harrison, a Hospital Attendant at Buttonwood Hospital, Burlington County, of her removal effective April 6, 1999, on charges, was heard by Administrative Law Judge Bernard Goldberg (ALJ), who rendered his initial decision on January 12, 2000, upholding the appellant's removal. At its meeting on February 23, 2000, the Board did not adopt the ALJ's recommendation to uphold the removal. Rather, the Board concluded that the appellant should be suspended from April 6, 1999, to May 17, 1999, the period she was on the Department of Health and Senior Services' Nurse Aide Abuse Registry. 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 Shaw (Abstained) Leo R. Vartan (Abstained)
B-30 JAMES MEINHOLD
The appeal of James Meinhold, a Police Officer with the City of Wildwood, of his release at the end of his working test period, effective May 5, 1995, was heard by Administrative Law Judge Edgar R. Holmes (ALJ), who rendered his initial decision on September 30, 1999, upholding the release. At its meeting on February 23, 2000, 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 (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith Shaw (Abstained) Leo R. Vartan (Abstained)
B-31 LAMONT D. WALKER
The appeal of Lamont D. Walker, a Supervising Building Maintenance Worker with the Department of Buildings and Grounds, Burlington County, who received a 10-day suspension, a demotion to Building Maintenance Worker, and a removal, effective August 5, 1996, was heard by Administrative Law Judge (ALJ) Joseph Lavery, who rendered his initial decision on December 2, 1999, upholding the 10- day suspension, the demotion and the removal. At its meeting on February 23, 2000, 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 decision.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith Shaw (Abstained) Leo R. Vartan (Abstained)
B-32 PAULINE LEE
The appeal of Pauline Lee, a Senior Building Maintenance Worker with New Jersey City University, regarding her release at the end of her working test period, effective February 5, 1999, was heard by Administrative Law Judge (ALJ) Richard McGill, who rendered his initial decision on January 12, 2000, upholding the release at the end of the working test period. At its meeting on March 7, 2000, the Merit System 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 (Yes) Alan Dexter Bowman (No) Margaret E. L. Howard (Yes) Judith Shaw (Yes) Leo R. Vartan (Yes)
B-33 MARCUS COHEN
Marcus Cohen appeals the decision of the Division of Selection Services which found that he did not meet the experience requirements for the open competitive examination for Field Representative Senior Citizens Program (C0653W), Essex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-34 CHRISTOPHER T. CORCORAN AND JOHN B. FOLEY
Christopher T. Corcoran and John B. Foley appeal the determination of the Division of Selection Services which found that appellants did not meet the experience requirements for the promotional examination for Assistant Recreation Supervisor (PM0362W), Bayonne.
ACTION: The Merit System Board directed that these appeals be granted.
B-35 VINCENT GARCIA
Vincent Garcia appeals the determination of the Division of Selection Services which found that he did not meet the requirements for the open competitive examination for Emergency Medical Services Technician (S6190A).
ACTION: The Merit System Board directed that this appeal be denied.
B-36 EILEEN M. O'MARA
Eileen M. O'Mara appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Management and Operations Analyst 1 (PS7557G), Department of Environmental Protection.
ACTION: The Merit System Board directed that this appeal be denied.
B-37 TIDVYL L. VITELLO
Tidvyl L. Vitello appeals the determination of the Division of Selection Services which found that he did not meet the educational requirement for the open competitive examination for Assistant Director of Nursing (C9093W), Monmouth County.
ACTION: The Merit System Board directed that this appeal be denied.
B-38 JOHN WIEGARTNER
John Wiegartner appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the open competitive examination for Code Enforcement Officer/Zoning Officer (M6477W), Berkeley Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-39 ROBERTA H. WITKOWSKI
Roberta H. Witkowski appeals the determination of the Division of Selection Services, which round that she did not meet the experience requirement for the open competitive examination for Program Development Specialist 2 (Housing) (S0487A).
ACTION: The Merit System Board directed that this appeal be denied.
B-40 ROBERT A. DUNN
Robert A. Dunn appeals the determination of the Division of Selection Services which found that he failed to achieve a passing score on the open competitive examination for Interviewer, Veterans' Service Bureau (C0923A), Ocean County.
ACTION: The Merit System Board directed that this appeal be denied.
B-41 JUAN E. RIVERA
Juan E. Rivera appeals his final score on the promotional examination for Correction Lieutenant Juvenile Justice (PS5138P), Juvenile Justice Commission (JJC).
ACTION: The Merit System Board directed that this appeal be denied.
B-42 MARIANA DE CRISTOFORO
The Director, Division of Selection Services, on behalf of the Department of Human Services, requests that Mariana De Cristoforo's out-of-title work experience be accepted to qualify her for a prospective promotional examination for Senior Training Technician.
ACTION: The Merit System Board granted the request.
B-43 LINDA FRASCELLA
The Department of Labor requests that the out-of-title work performed by Linda Frascella, while serving in the title of Office Supervisor, be accepted as applicable for a provisional appointment, pending promotional examination, to the title of Procedures Analyst.
ACTION: The Merit System Board granted the request.
B-44 DANIEL SMURLO
The Director, Division of Selection Services, on behalf of the Juvenile Justice Commission, requests that Daniel Smurlo's out-of-title work experience be accepted to qualify him for a lateral title change to Administrative Analyst 2.
ACTION: The Merit System Board granted the request.
B-45 DEBRA SUAREZ
Debra Suarez appeals the decisions of the Division of Human Resource Management which found that she had no permanent status as of the closing date for the examinations for Senior Data Entry Machine Operator (PS3497M), and the Principal Clerk Typist (PS4660M), the Judiciary, Middlesex Vicinage.
ACTION: The Merit System Board directed that this appeal be denied.
B-46 ROBERT A. ANDREWS
The Township of Berkeley, represented by Eric Martin Berstein, Esq., appeals the determination by the Division of Selection Services, granting Robert A. Andrews an earlier permanent appointment date from the promotional list for Police Sergeant (PM4063R), Berkeley Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-47 ROBERT STISH
Robert Stish appeals the determination of the Division of Selection Services which found that he failed to properly submit a required transcript or list of courses and credits for the promotional examination for Employment Counselor Trainee (PS5883N), Department of Labor.
ACTION: The Merit System Board directed that this appeal be denied.
B-48 STANLEY OGONOWSKI, JR.
Stanley Ogonowski, Jr. appeals his seniority score on the examination for Police Sergeant (PM0979W), Atlantic City.
ACTION: The Merit System directed that this appeal be granted.
B-49 HENRY GAJDA, JR. AND KEVIN BRYANT
Henry Gajda Jr. appeals the test administration, and the acceptance of a late admit candidate, Kevin Bryant, for the promotional examination for Police Captain (PM3561A), Newark.
ACTION: The Merit System Board directed that these appeals be denied.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith Shaw (Yes) Leo R. Vartan (Yes)
B-50 MADHUSUDAN T. PATEL
Madhusudan T. Patel requests reconsideration of the prior decision of the Merit System Board concerning his ineligibility for the promotional examination for Manager 2, Department of Transportation (Roadway Design), (PS4246T).
ACTION: The Merit System Board granted the request for reconsideration.
B-51 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of March 21, 2000, are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of March 21, 2000.
VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith Shaw (Yes) Leo R. Vartan (Yes)
B-52 ADAM BURKE
The appeal of Adam Burke, a Police Officer with the Township of Weehawken, of his removal effective June 20, 1995 on charges, was heard by Administrative Law Judge Ken R. Springer (ALJ), who rendered his initial decision on December 16, 1999. At its meeting on March 7, 2000, the Board adopted the ALJ's recommendation to uphold the removal. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-53 KATICA D. MUSTAC AND DOMINICK M. SCALCIONE
Katica D. Mustac and Dominick M. Scalcione appeal the determination of the division of Selection Services which found that they did not meet the experience requirement for the promotional examination for the title of Social Worker (PC0480A), Bergen County Board of Social Services.
ACTION: The Merit System Board directed that these appeals be denied.
B-54 DEBRA OTTINO
Debra Ottino appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for the title of Social Worker (PC0480A), Bergen County Board of Social Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-55 EARLY SETTLEMENTS
Deborah Frick Division of Parole and Community Programs Department of Correction 20-day suspension
Arden Hunt Woodbine Developmental Center Department of Human Services Removal
Alnicia Jessie Woodbridge Developmental Center Department of Human Services 45-day suspension
Terry Koveloski Burlington County 6-day suspension
ACTION: The Merit System Board acknowledged the settlements with the exception of Arden Hunt.
There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday April 18, 2000, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
__________________________________ JANICE MITCHELL MINTZ CHAIRWOMAN MERIT SYSTEM BOARD
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