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State of New Jersey, Civil Service Commission
Governor Chris Christie • Lt.Governor Kim Guadagno
 
 
Lewis A. Scheindlin, Acting Chairman
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, June 6, 2000, in Trenton, New Jersey.

PRESENT: Acting Chairman Lewis A. Scheindlin, Merit System
Board Members, Alen Dexter Bowman, Margaret E. L. Howard, Judith
L. Shaw and Leo Vartan; Elizabeth Laufer, Deputy Attorney
General; Henry Maurer, Director, Division of Merit System
Practices and Labor Relations.

In accordance with L.1975, c.231, Acting Chairman Lewis A.
Scheindlin, 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.

STATE

The Merit System Board recorded the recommended changes in the
State Classification Plan, copies of which are attached hereto
and made a part hereof.

Date: April 24, 2000

To: Janice Mitchell Mintz, Commissioner
Department of Personnel

Henry S. Maurer, Director
Merit System Practices and Labor Relations

From: Marjorie A. Schwartz, Director
Division of Human Resource Management

Subject: Change in the State Classification Plan - Additional
Work Year

William Paterson University

William Paterson University is requesting a newly created title
of Secretarial Assistant 3 (Non-Stenographic 10 months).
Currently this title exists for 12 month positions. The
University would like to have both 10 and 12 month titles.
Several of the operating divisions only work on a ten-month
schedule (closed July and August), and the University would like
not to incur labor costs when the employees' services are not
needed.

I recommend approval of this request.

Addition of Work Year
Effective: 03/28/00

Secretarial Assistant 3 (Non-Stenographic)
A12 Competitive Class Code 16 Work Week/Year 35/10

CONFIDENTIAL APPOINTMENT

The Merit System Board recorded the following Confidential
Appointment under N.J.S.A. 11A:3-4(h):

Marisol Rodriquez appointed as Confidential Secretary, Department
of Health and Senior Services, effective March 25, 2000, salary
of $27,000.00 per annum.

WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the hearing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

Kent Anderson, Police Officer, City of Newark, indefinite
suspension.

Elmo Ruiz, Police Officer, City of Newark, 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:

Elijah P. Mack, Storekeeper II, Department of Corrections,
Northern State Prison, suspension.

Anna Roane, Human Services Assistant, Department of Human
Services, Ancora Psychiatric Hospital, removal.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Audwin Belin
Greystone Park Psychiatric Hospital
Department of Human Services
Suspensions

In the Matter of Scott DeGisi
Township of Berkeley
Termination

In the Matter of Harry Hertz
Department of Transportation
Suspension

In the Matter of Richard Huley
Bayside State Prison
Department of Corrections
Removal

In the Matter of Dennis McFadden, et al.
Borough of Carteret
Layoffs/demotions

In the Matter of Roy Moore
Department of Parks and Recreation
Township of Middletown
Removal

In the Matter of Mark Odom
City of Newark - 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 Scott DeGisi.

A-2 JOHNNIE BANKS

Johnnie Banks, Police Officer, Newark Police Department,
suspension for 30 days, on charges of chronic or excessive
absenteeism or lateness and chronic inefficiency or
incompetency.

Recommendation of the Administrative Law Judge - Reverse the
suspension.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

A-3 MICHAEL BOYETTE

Michael Boyette, Correction Officer, County of Monmouth,
suspension for 20 days, on charges of inappropriate,
threatening and unnecessary physical and verbal
intimidation, creating a hostile and disruptive environment,
disrespect and discourtesy, insubordination, conduct
unbecoming a County Correction Officer and any failure of
good behavior which reflects discredit upon the employee,
Department of Corrections, County of Monmouth Sheriff's
Office or the County of Monmouth.

Recommendation of the Administrative Law Judge - Reverse the
suspension.

ACTION: The Merit System Board remanded the matter to the
Office of Administrative Law.

A-4 CHARLES GLOVER

Charles Glover, Institutional Attendant, County of Monmouth,
Medical Homes, suspension for 25 « days, on charges of
mental abuse of a resident.

Recommendation of the Administrative Law Judge - Reverse the
suspension.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

A-5 LEONA THOMPSON

Leona Thompson, Clerk Typist, Essex County Department of
Citizen Services, Division of Welfare, suspension for ten
days, on charges of conduct unbecoming a public employee and
insubordination.

Recommendation of the Administrative Law Judge - Uphold the
suspension.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

A-6 TYRONE WALKE

Tyrone Walke, Human Services Assistant, Ancora Psychiatric
Hospital, Department of Human Services, (1) suspension for
10 days and (2) removal effective February 8, 1999, on
charges of (1) sleeping on duty and (2) verbal abuse of a
patient, insubordination, resisting authority, disrespect,
use of insulting and abusive language to a supervisor.

Recommendation of the Administrative Law Judge - Uphold the
removal.

ACTION: The Merit System Board modified the recommendation
of the Administrative Law Judge to uphold the
removal and the 10-day suspension.

A-7 LEN D. BAUM

Len D. Baum, Youth Worker Supervisor, Mercer County Youth
Detention Center (YDC), removal effective August 14, 1997,
on charges of conduct unbecoming a County employee,
inappropriate behavior, and neglect of duty.

Recommendation of the Administrative Law Judge - Uphold the
removal.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

A-8 JOHN ERIC COUCH

John Eric Couch, Senior Investigator, Office of the Public
Defender, removal effective July 1, 1999, on charges of
incompetency, inefficiency or failure to perform,
insubordination, inability to perform duties and chronic or
excessive absenteeism or lateness.

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

VOTE: Lewis A. Scheindling (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Abstained)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

A-9 SAMUEL GASPERO

Samuel Gaspero, Building Maintenance Worker, City of North
Wildwood, removal effective July 8, 1999, on charges of
inability to perform duties.

Recommendation of the Administrative Law Judge - Uphold the
removal.

ACTION: The Merit System Board modified the recommendation
of the Administrative Law Judge to a resignation
in good standing.

A-10 VALERIE GILLISON

Valerie Gillison, Parking Violations Officer (PVO), Township
of Millburn Police Department, removal effective February 1,
1999, on charges of personnel regulations regarding sickness
and injury leave.

Recommendation of the Administrative Law Judge - Uphold the
removal.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

A-11 CHRISTOPHER GRANT

Christopher Grant, Administrative Assistant, Department of
Engineering, City of Newark, removal effective October 16,
1998, on charges of failure to comply with the City of
Newark's Residency Ordinance for employees of the City of
Newark.

Recommendation of the Administrative Law Judge - Uphold the
removal.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

A-12 KATHRYN KRAKOW

Kathryn Krakow, Institutional Coordinator, Woodbine
Developmental Center, Department of Human Services, release
at the end of the working test period, due to unsatisfactory
services. The Merit System Board at its meeting of May 23,
2000, directed that this matter be held over.

Recommendation of the Administrative Law Judge - Enter the
Summary Decision on behalf of the respondent and dismiss the
appeal.

ACTION: The Merit System Board remanded the matter to the
Office of Administrative Law.

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-13 Katherine Bergmann and B-53 Michael Muench.
The Board subsequently reconvened the public meeting.

A-13 KATHERINE BERGMANN

Katherine Bergmann, Unclassified Secretary, Warren County
Prosecutor's Office, removal effective July 24, 1995. The
appellant alleges termination of employment was based on
reprisal.

Recommendation of the Administrative Law Judge - Uphold the
removal.

ACTION: The Merit System Board directed that this matter
be held over.

SECTION B - MISCELLANEOUS MATTERS

B-1 WILLIAM P. BOCK, JR.

William P. Bock, Jr., appeals his rejection as a Police
Officer by the City of Jersey City 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-2 ROBERT CARUSO

Robert Caruso appeals his rejection as a County Correction
Officer by the County of Monmouth 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 VICTOR DONNELLY

Victor Donnelly, represented by Dena Epstein, Esq., appeals
his rejection as a County Correction Officer candidate by
the County of Union and its request to remove his name from
the subject eligible list 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 ALLEN LORENZO

Allen Lorenzo appeals his rejection as a Correction Officer
Recruit candidate by the Department of Corrections and its
request to remove his name from the subject eligible list 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 MATTHEW PFEIFFER

Matthew Pfeiffer, represented by Robert A. Warmington, Esq.,
appeals his rejection as a County Correction Officer
candidate by the County of Union and its request to remove
his name from the subject eligible list 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 CHERRIL DAVIS

Cherril Davis, a Senior Correction Officer at Riverfront
State Prison, Department of Corrections, appeals the denial
of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be granted.

B-7 WILLIAM L. ELBERTSON

William L. Elbertson, a Senior Correction Officer at Bayside
State Prison, Department of Corrections, appeals the denial
of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be granted.

B-8 TIMOTHY G. GAULL, JR.

Timothy G. Gaull, Jr., a Senior Correction Officer at
Riverfront State Prison, Department of Corrections, appeals
the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be granted.

B-9 JAMES GORDON

James Gordon, a Carpenter at New Lisbon 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-10 BERTHA M. HULL

Bertha M. Hull, a Senior Correction Officer at New Jersey
State Prison, Department of Corrections, appeals the denial
of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be granted.

B-11 JUDITH LEEDS

Judith Leeds, a former Senior Correction Officer with Edna
Mahan Correctional Facility for Women, Department of
Corrections, represented by Jeffrey H. Sutherland, Esq.,
appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be denied.

B-12 SUNSOOK J. LEIGH

Sunsook J. Leigh, a Senior Correction Officer at the Garden
State Reception and Youth Correctional Facility, Department
of Corrections, appeals the denial of sick leave injury
(SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be granted.

B-13 RODERICK SECOR

Roderick Secor, a Correction Sergeant at the Edna Mahan
Correctional Facility for Women, Department of Corrections,
represented by Samuel M. Gaylord, Esq., appeals the denial
of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be granted.

B-14 JOHN THAME

John Thame, a former Senior Correction Officer at South
Woods State Prison, Department of Corrections, appeals the
denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be granted.

B-15 ELLA THOMPSON

Ella Thompson, a Cottage Training Supervisor at 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-16 GWYNN C. ASHWORTH AND BERNADETTE RICH

Gwynn C. Ashworth and Bernadette Rich appeal the
determination of the Division of Selection Services, which
found that they did not meet the experience requirement for
the promotional examination for Management Improvement
Specialist 1 (PS8825K), Department of Human Services.

ACTION: The Merit System Board directed that these appeals
be denied.

B-17 MICHAEL L. BEYER

Keven Yecco, Municipal Clerk/Personnel Officer with the
Borough of Wildwood Crest, on behalf of Michael L. Beyer,
appeals the determination of the Division of Selection
Services, which found that Mr. Beyer did not meet the
experience requirement for the promotional examination for
Sanitation Driver (PM0429A), Borough of Wildwood Crest.

ACTION: The Merit System Board directed that this appeal
be granted.

B-18 ROBERT BROOKS AND GERALDINE M. RAESLY

Robert Brooks and Geraldine M. Raesly appeal the
determination of the Division of Selection Services, which
found that they did not meet the experience requirement for
the promotional examination for Building Service Coordinator
3 (PS8060P), Department of Law and Public Safety.

ACTION: The Merit System Board directed that these appeals
be granted.

B-19 WILLIAM M. CHEPIGA

William M. Chepiga appeals the determination of the Division
of Selection Services, which found that he did not meet the
experience requirement for the promotional examination for
Supervising Program Development Specialist (Mental Health
Services) (PS8270K), Department of Human Services.

ACTION: The Merit System Board directed that this appeal
be denied.

B-20 MATTHEW CHESEK

Matthew Chesek appeals the administration of the bilingual
portion of the Law Enforcement Candidate Record (LECR)
examination (S9999A) for various titles.

ACTION: The Merit System Board directed that this appeal
denied.

B-21 FRANCIS J. CLANCY

Francis J. Clancy appeals his score and rank on the
examination for Truck Driver (PM4316V), Lacey Township.

ACTION: The Merit System Board directed that this appeal
be denied.

B-22 SHEILA A. CRAIG

Sheila A. Craig appeals the determination of the Division of
Selection Services, which found that she did not meet the
experience requirements for the title of Assistant Public
Information Officer, (C0535O), Essex County.

ACTION: The Merit System Board directed that this appeal
be denied.

B-23 GERALD CUCCHIARA, ET AL.

Gerald Cucchiara, Nicholas Cucchiara, Keith Lewis, and
Khareen Miller appeal their performance scores for the Fire
Fighter (M9999A) examination.

ACTION: The Merit System Board directed that these appeals
be denied.

B-24 KAREN FEDOSH

Karen Fedosh appeals the determination of the Division of
Selection Services which found that she did not meet the
education and experience requirements for the promotional
examination for Agricultural Resource Specialist 1
(PC1145W), Monmouth County.

ACTION: The Merit System Board directed that this appeal
be granted.

B-25 ROBERT GILLEN AND JOHN GILMORE

FMBA Local 22, represented by Craig S. Gumpel, Esq., Barry
Anders, Joseph Cappuccino, Edward J. Doran, Michael Greene,
John P. Kozdron, and John Maley contend that Robert Gillen
and John Gilmore had knowledge of test content prior to
taking the examination for Deputy Fire Chief, (PM3540A),
Harrison. This matter was held over by the Board from its
May 23, 2000 meeting.

ACTION: The Merit System Board granted a hearing.

B-26 LUZ H. GONZALEZ

Luz H. Gonzalez appeals the determination of the Division of
Human Resource Management, which found that she was
ineligible for the promotional examination for Income
Maintenance Specialist (PC0387W), Union County.

ACTION: The Merit System Board directed that this appeal
be denied.

B-27 SUSAN L. GRESAVAGE

Susan L. Grevasage appeals the examination review process
for the promotional examination for Supervising Engineer 2,
Surface Design (PS4270T), Department of Transportation. It
is noted that this matter was held over from the Board's May
9, 2000 meeting.

ACTION: The Merit System Board directed that this appeal
be denied.

B-28 HEATHER P. GRIFFITH

Heather P. Griffith appeals the determination of the
Division of Selection Services, which found that she did not
meet the experience requirements for the open competitive
examination for Social Work Supervisor I Corrections,
(S0521B), Bayside/Southern State Correctional Facility.

ACTION: The Merit System Board directed that this appeal
be denied.

B-29 SHELBY J. HALL

Shelby J. Hall appeals the determination of the Division of
Selection Services that she failed to achieve a passing
score on the promotional examination for Supervisor,
Personnel Records and Payroll Processing 2 (PS3776I),
Department of Corrections.

ACTION: The Merit System Board directed that this appeal
be denied.

B-30 WILLIAM M. HEILMAN

William M. Heilman appeals the determination of the Division
of Selection Services which found that he did not meet the
experience requirement for the promotional examination for
Mechanic (PM0709A), Township of Millburn.

ACTION: The Merit System Board directed that this appeal
be granted.

B-31 SUSETTE JACKSON

Susette Jackson appeals the decision of the Division of
Selection Services which found that she did not meet the
education and experience requirements for the open
competitive examination for Court Representative Board of
Education (M6770A), Newark School District.

ACTION: The Merit System Board directed that this appeal
be denied.

B-32 WALLACE G. JENKINS

Wallace G. Jenkins appeals the determination of the Division
of Selection Services, which found that he did not meet the
experience requirement, per the substitution clause for
education, for the promotional examination for Principal
Technician, Management Information Systems (PS5192T),
Department of Transportation.

ACTION: The Merit System Board directed that this appeal
be denied.

B-33 ROBERT LAZARICK

Robert Lazarick appeals his ineligibility for the Fire
Fighter (M0762U), Hillside examination for failure to
satisfy the age requirements.

ACTION: The Merit System Board directed that this appeal
be denied.

B-34 EWA LEACHKO

Ewa Leachko appeals the determination of the Division of
Selection Services which found that she failed to achieve a
passing score on the Senior Laboratory Technician, Water
Analysis (M0872A), City of Trenton open competitive
examination.

ACTION: The Merit System Board directed that this appeal
be denied.

B-35 LISA D. LEWIS

Lisa D. Lewis appeals the determination of the Division of
Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Data Processing Input/Output Control Specialist 2 (PS6349F),
Department of Education.

ACTION: The Merit System Board directed that this appeal
be granted.

B-36 PATRICIA MCCORMICK

Patricia McCormick appeals the determination of the Division
of Selection Services, which found that she did not meet the
minimum requirements in experience for the open competitive
examination for Examiner I Credentials, (C1005A), Bergen
County.

ACTION: The Merit System Board directed that this appeal
be denied.

B-37 WILLIAM P. O'BRIEN

William P. O'Brien appeals the determination of the Division
of Human Resource Management which found that he was
ineligible for the promotional examination for Supervising
Maintenance Repairer (PM0336W), Bayonne.

ACTION: The Merit System Board directed that this appeal
be denied.

B-38 WILLIAM PAULIN

William Paulin appeals the determination of the Division of
Selection Services, which found that he did not meet the
experience requirements for the open competitive examination
for County Park Ranger, (C0305O), Monmouth County.

ACTION: The Merit System Board directed that this appeal
be denied.

B-39 RHONDA A. PETERS-CAPERS

Rhonda A. Peters-Capers appeals her ineligibility for the
Court Representative, Board of Education (M6770A), Newark
School District open competitive examination on the basis of
not meeting the announced residency requirement.

ACTION: The Merit System Board directed that this appeal
be denied.

B-40 AUDREY PRENTICE AND PETER J. KUREK

Audrey Prentice and Peter J. Kurek appeal the determination
of the Division of Selection Services, which found that they
did not meet the experience requirement for the promotional
examination for Management Improvement Specialist 1
(PS8825K), Department of Human Services.

ACTION: The Merit System Board directed that these appeals
be granted.

B-41 YOLANDA ROBINSON AND BRENDAN AKERU

Yolanda Robinson and Brendan Akeru appeal the determination
of the Division of Selection Services which found that they
failed to achieve passing scores on the Parole Officer
Recruit (S2001A), open competitive examination.

ACTION: The Merit System Board directed that these appeals
be denied.

B-42 CHARLES RYAN, ET AL.

Charles Ryan (PM3548A) Bayonne; Gary Giardina and Carl
Zoecklein (PM3551A) Clifton; Thomas Centofanti, represented
by Larry Holtz, Esq., Gordon Dawson and Lester Gadbois, Jr.,
(PM3554A), Florence Township; John Frize (PM3557A) Jersey
City; Walter Barrett, Brian Gallagher, Edwin Gillan, Joseph
Hannon, Robert Kilduff, Brian McDonough, Kenneth Mount,
Timothy Pickett, Jon Tooke, and Louis Trucillo (PM3559A)
Jersey City; Anthony Campos, represented by Larry Holtz,
Esq., John Huegel, Anthony Perillo and Joseph Tutela
(PM3561A) Newark; Darren LaVigne (PM3565A) South Amboy;
Edward Shapiro (PM3567A) Union Township; William Seaman,
Jr., represented by Larry Holtz, Esq., (PM3580A), Trenton;
and Edward Dowhy, Patrick Hall, represented by Larry Holtz,
Esq., Raymond Massi, represented by Larry Holtz, Esq.,
William Olson, represented by Larry Holtz, Esq., Joseph
Richardson, represented by Larry Holtz, Esq., and Cassandra
Smith, represented by Larry Holtz, Esq., (PM3581A), Camden
City appeal the written examination for Police Captain
(various jurisdictions). These appeals have been
consolidated due to common issues presented by the
appellants.

ACTION: The Merit System Board directed that these appeals
be denied.

B-43 CARLOS VASCONEZ

Carlos Vasconez appeals the determination of the Division of
Selection Services, which found that he did not meet the
experience requirements for the title of Training Technician
(C1137B), Hudson County.

ACTION: The Merit System Board directed that this appeal
be denied.

B-44 RICHARD B. VOLSKI

Richard B. Volski appeals the determination of the Division
of Selection Services, which found that he did not meet the
education requirements for the open competitive examination
for Forester (M1184B), Nutley Township.

ACTION: The Merit System Board directed that this appeal
be denied.

B-45 REGINA A WILLITTS

Regina A. Willitts appeals the determination of the Division
of Selection Services, which found that she did not meet the
educational requirements for the title of Patient Activities
Coordinator, (C1186B), Burlington County.

ACTION: The Merit System Board directed that this appeal
be denied.

B-46 GLORIA CUNNINGHAM

Gloria Cunningham, a Principal Investigator, Secured
Facilities, with the Department of Corrections, appeals the
bypass of her name on the Principal Investigator,
Corrections (PS0458I) eligible list.

ACTION: The Merit System Board directed that this appeal
be denied.

B-47 IRENE PORRO

Irene Porro, represented by William D. Sayers, Esq., appeals
the appointing authority's failure to appoint her from the
Police Officer (S9999W), Borough of Rutherford eligible
list.

ACTION: The Merit System Board granted a hearing.

B-48 CHRISTOPHER SMITH

Christopher Smith appeals the decision of Human Resource
Information Services which found that the Department of
Corrections had presented sufficient basis to remove the
appellant's name from the Correction Officer Recruit
(S9999V) eligible list due to an unsatisfactory driving
record.

ACTION: The Merit System Board directed that this appeal
be denied.

B-49 PUBLIC INFORMATION ASSISTANT (C0476O), UNION COUNTY

The appointing authority requests permission not to make an
appointment from the certification for Public Information
Assistant (C0476O), Union County.

ACTION: The Merit System Board granted the request but
assessed costs.

B-50 RECORDER OPERATOR, COURT (M7332W), CITY OF NEWARK

The appointing authority requests permission not to make an
appointment from the certification for Recorder Operator,
Court (M7332W), City of Newark.

ACTION: The Merit System Board granted the request but
assessed costs.

VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

B-51 ZONING OFFICER (M6554W), TOWNSHIP OF EDGEWATER PARK

The appointing authority requests permission not to make an
appointment from the certification for Zoning Officer
(M6554W), Township of Edgewater Park.

ACTION: The Merit System Board granted the request but
assessed costs.

B-52 CARMINE MARTUCCI

Carmine Martucci requests reconsideration of the final
administrative decision rendered on February 23, 2000, in
which appellant's appeal of question 8 of the Police
Sergeant (PM0970W), Trenton examination, was denied.

ACTION: The Merit System Board denied the request.

B-53 MICHAEL MUENCH

The appeal of Michael Muench, a former inspector, pilot and
aircraft mechanic with the Burlington County Mosquito
Extermination Commission, regarding his demotion in lieu of
layoff (CSV 8803-92), his six-day suspension (CSV 5948-92),
his 20-day suspension (CSV11729-93), his 45-day suspension
(CSV11461-94), his six-day suspension (CSV 741-95), and his
removal (CSV 10106-95) on charges, was heard by
Administrative Law Judge (ALJ) Robert W. Scott. In his July
17, 1998 initial decision, the ALJ found that Muench's
demotion in lieu of layoff was not in bad faith, modified
the six-day suspension to a five-day suspension, modified
the 20-day suspension to a 10-day suspension, upheld the 45-
day suspension, modified the six-day suspension to a
reprimand, and upheld Muench's removal. Based on the Merit
System Board's (Board) failure to act within prescribed time
limits, pursuant to N.J.S.A. 52:14B-10, the initial decision
was deemed adopted as final. However, the appellant filed
timely exceptions and the appointing authority filed timely
exceptions and cross exceptions. Therefore, the matter is
currently before the Board on reconsideration.

ACTION: The Merit System Board acknowledged the decision
of the Administrative Law Judge as deemed approved
pursuant to N.J.S.A. 52:14B-10.

B-54 WILLIAM ORTIZ

William Ortiz, a Police Officer with the City of Newark,
represented by Michael Gogal, Esq., petitions the Merit
System Board (Board) for reconsideration of the final
administrative decision rendered on January 11, 2000, in
which the Board dismissed the appellant's appeal without
prejudice based on his failure to appear at the scheduled
settlement conference on October 1, 1999.

ACTION: The Merit System Board granted the request for
reconsideration, rescinded the final decision
rendered on January 11, 2000, and directed that
the matter transmitted to the Office of
Administrative Law for further proceedings.

VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

B-55 DENNIS TASSIE

Dennis Tassie, a Police Sergeant with the City of Newark,
represented by Michael Gogal, Esq., petitions the Merit
System Board (Board) for reconsideration of the final
administrative decision rendered on January 11, 2000, in
which the Board dismissed the appellant's appeal with
prejudice based on his failure to appear at the scheduled
settlement conference on September 27, 1999.

ACTION: The Merit System Board granted the request for
reconsideration, rescinded the final decision
rendered on January 11, 2000, and directed that
the matter transmitted to the Office of
Administrative Law for further proceedings.

VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

B-56 PATRICK DUNICAN

Patrick Dunican, a Municipal Court Administrator with the
Township of Pennsauken, represented by Mary L. Crangle,
Esq., requests enforcement of that part of the Merit System
Board decision rendered on September 21, 1999, granting him
back pay. The appointing authority represented by David A.
Luthman, Esq., requests that the Board's prior decision be
reconsidered.

ACTION: The Merit System Board denied the appointing
authority's request for reconsideration, but
granted the appellant's request for enforcement
and ordered the appointing authority to pay the
appellant back pay.

B-57 DIANE MURPHY

Diane Murphy, a Supervisor of Legal Secretarial Services
with the Department of Law and Public Safety, represented by
Michael J. Herbert, Esq., requests enforcement of the Merit
System Board decision in In the Matter of Diane Murphy (MSB,
decided January 12, 1999).

ACTION: The Merit System Board denied the request.

B-58 PRINCIPAL PURCHASING ASSISTANT (C7282A), CAMDEN COUNTY

The appointing authority's failure to properly dispose of
the certification for Principal Purchasing Assistant while a
provisional appointee is serving in the title has been
referred to the Merit System Board for enforcement.

ACTION: The Merit System Board directed that the eligible
list be revived and ordered the appointing
authority to remove the provisional appointee,
make an appointment from the certification and pay
compliance costs.

B-59 SENIOR WATER REPAIRER (PM0130W), PASSAIC VALLEY WATER
COMMISSION


The appointing authority's failure to properly dispose of
the certification for Senior Water Repairer 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 appointee,
make an appointment from the certification and pay
compliance costs.

B-60 TRAFFIC MAINTENANCE WORKER (M6673A), CITY OF EAST ORANGE

The appointing authority's failure to properly dispose of
the certification for Traffic Maintenance Worker while
provisional appointees are 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 appointees,
make an appointment from the certification and pay
compliance costs.

B-61 EMILY GRAHAM-WEBER

The Superior Court, Appellate Division, has remanded the
decision of the Merit System Board in In the Matter of Emily
Graham-Weber, Essex County (MSB, decided May 19, 1988),
remanded, Docket No. A-6514-97T3 (App.Div. Oct. 21, 1999),
to determine the merits of Ms. Graham-Weber's claim that
Essex County effected a reprisal action against her.

ACTION: The Merit System Board dismissed the appeal.

B-62 KENNETH C. BROWN

The appeal of Kenneth C. Brown, a Senior Parole Office,
Department of Corrections, of his 15-day suspension on
charges, was heard by Administrative Law Judge Michael L.
Ravin (ALJ), who rendered his initial decision on March 30,
2000. At its meeting on May 9, 2000, the Merit System Board
did not adopt the ALJ's recommendation to modify the penalty
to a four-day suspension. Rather, the Board upheld the 15-
day suspension. The proposed final decision is submitted
for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-63 JOSEPH H. JURKIEWICZ

The appeal of Joseph H. Jurkiewicz, a Maintenance Repairer
with the Borough of Sayreville, of his six-month suspension
on charges, was heard by Administrative Law Judge Bruce R.
Campbell (ALJ), who rendered his initial decision on March
10, 2000, upholding the suspension. At its May 9, 2000,
meeting the Board affirmed the ALJ's recommendation.
However, the Board found it necessary to clarify the ALJ's
decision. The proposed final decision is now submitted for
the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-64 BRUCE MCBREEN

The appeal of Bruce McBreen, Police Lieutenant with the
Township of North Bergen, of his removal effective November
20, 1995, was heard by Administrative law Judge Edith
Klinger (ALJ), who rendered her initial decision on March
23, 2000. The Merit System Board, at its meeting on May 9,
2000, did not accept the ALJ's recommendation to uphold the
removal. Rather, the Board concluded that the appropriate
outcome is a resignation in good standing. The proposed
final decision is submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-65 CRAIG WASHINGTON

The appeal of Craig Washington, a Safety Specialist 2 with
the Department of Transportation, of his removal effective
September 18, 1997, was heard by Administrative Law Judge
Maria Mancini La Fiandra (ALJ), who rendered her initial
decision on March 3, 2000. At its meeting of April 18,
2000, the Merit System Board adopted the recommendation of
the ALJ to uphold the removal. However, the Board found it
necessary to address the exceptions filed by the appointing
authority. The proposed final decision is now submitted for
the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Abstained)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)

B-66 SALARY REGULATIONS, SUPPLEMENT 1: FY 2000

It is recommended that the Salary Regulations Supplement 1:
FY 2000 be recorded.

ACTION: The Merit System Board recorded the salary
regulations.

B-67 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of May 23,
2000 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its
meeting of May 23, 2000.

B-68 LARRY HORTON

Larry Horton, an Intermittent Audit Account Clerk with the
Department of the Treasury, represented by Rae C. Roeder,
President, CWA Local 1033, petitions the Merit System Board
for interim relief of his 15-day suspension, pending the
outcome of his hearing at the Office of Administrative Law.

ACTION: The Merit System Board directed that this appeal
be denied.

B-69 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, at its March 21, 2000 meeting, 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 adopted the final decision.

VOTE: Lewis A. Scheindling (Abstained)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

B-70 REGINALD LEVEN

Reginald Leven, a Senior Correction Officer at Albert C.
Wagner Youth Correctional Facility, Department of
Corrections (DOC), appeals the determination of the
Director, Equal Employment Division, with the DOC, stating
that the appellant failed to present sufficient evidence to
support a finding of probable cause that he had been a
victim of retaliation. This matter was held over from the
May 23, 2000 Board meeting for further review.

ACTION: The Merit System Board granted a hearing.

B-71 KEVIN WILSON

The Department of Corrections, represented by John P.
Nuttall, Deputy Attorney General, petitions the Merit System
Board for a stay of its decision in In the Matter of Kevin
Wilson (MSB, decided May 9, 2000) pending its appeal to the
Appellate Division of the Superior Court of New Jersey.

ACTION: The Merit System Board denied the petition for a
stay.

B-72 M.H. v. DIVISION OF YOUTH AND FAMILY SERVICES, DEPARTMENT OF
HUMAN SERVICES


Administrative Law Judge (ALJ) Joseph F. Fidler issued an
Order of Consolidation and Predominant Interest in the above-
captioned matters. In that order, the ALJ determined that
the matters be consolidated and that the Division of Youth
and Family Services (DYFS) had the predominant interest.
Based on the ALJ's Order, the Board and DYFS developed a
joint order adopting the ALJ's Order. This joint order is
now before the Board for adoption.

ACTION: The Merit System Board adopted the Order of
Consolidation and Predominant Interest.

B-73 EARLY SETTLEMENTS

Chris Dorey
Thomas Edison State College
Release at the end of the working test period

Anthony Marino
Division of Purchase and Property
Department of the Treasury
Suspension

Thomas Woodson
Department of Transportation
Suspension

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, June 20,
2000, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
LEWIS A. SCHEINDLIN
ACTING COMMISSIONER
MERIT SYSTEM BOARD

 
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