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Meeting Minutes of August 8, 2000
Lewis A. Scheindlin, Acting Chairman Margaret E. L. Howard Judith L. Shaw Leo R. Vartan
A regular meeting of the Merit System Board was held on Tuesday, August 8, 2000, in Trenton, New Jersey.
PRESENT: Acting Chairman Lewis A. Scheindlin, Merit System Board Members, Margaret E. L. Howard, Judith L. Shaw, and Leo R. Vartan; Andrea Grundfest, 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 CLASSIFICATION PLAN
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: July 14, 2000
TO: Janice Mitchell Mintz, Commissioner Henry Maurer, Director, MSP&LR
FROM: Marjorie Schwartz, Director Division of Human Resource Management
SUBJECT: Change in State Classification Plan
The Department of Personnel is requesting that the following job functions be reallocated to the Senior Executive Service.
Your approval of the reallocation for the following position numbers from the career service to the Senior Executive Service is recommended. A review of the assigned job functions has been conducted and the positions meet the standards established for inclusion in the Senior Executive Service.
Reallocation of Service
Effective date: August 12, 2000 From: 951973, Manager 2, HR (M32 - 56862) To: 951973, Senior Executive Service (M98 - 90752)
From: 008150, Manager 2, HR (M32 - 56862) To: 008150, Senior Executive Service (M98 - 90752)
From: 024961, Manager 2, HR (M32-56862) To: 024961, Senior Executive Service (M98 - 90752)
These positions are located in the Department of Personnel's Shared Services Centers 1, 2 and 3. Shared Service Centers provide a true "one stop shopping" approach to human resource management. These positions have management and oversight for a broad blend of personnel services, from benefits administration to classification review. By empowering front line staff and providing on-site approval authority, services can be delivered in an expedited manner. These positions receive only general policy guidance from the Director, Employee Services and Assistant Commissioner of Finance and Administration and have the freedom to prioritize functions, allocate resources and establish goals and objectives.
Justification - Position #951973
This position has primary impact on the human resource activities for the Office of Information Technology. As mentioned earlier, there is also freedom to take action independently within administratively prescribed parameters. The incumbent is held accountable for the success of the Shared Services program at OIT. Specific programs and policies which have been developed by this position over the last 6 months include:
Office of Information Technology Senior Executive Service Plan PAR Implementation Strategy Participant in the OIT Leadership Council OIT Reorganization (in progress) Development of HR policies and procedures for OIT
The Shared Services concept is relatively new to State government in New Jersey. It is designed to provide the best quality of human resources services to the customer using a combination of staff expertise, modern technology and "best practices." The Office of Information Technology presents unique challenges because of the nature of the IT area of expertise. The incumbent must consistently demonstrate flexibility and creativeness in order to ensure that OIT will have the best tools to service the IT community in New Jersey. Inability to change could adversely impact Statewide information technology services.
Justification - Position #008150
This position has primary impact on the human resource activities for the Departments of State and Banking and Insurance and the Commerce and Economic Growth Commission. As mentioned earlier, there is also freedom to take action independently within administratively prescribed parameters. The incumbent is held accountable for the success of the Shared Services Center 1 program. Specific programs and policies which have been developed by this position over the last 18 months include:
- PAR Training and Implementation in the Departments of State and Banking and insurance - Development of HR policies and procedures for the service agencies - Development of PAR implementation strategy for the Commerce Commission - Introduction of a management performance evaluation system for the Commerce Commission - Conversion of Commerce Commission employees from Centralized Payroll to ADP - Transition of responsibility for ADP payroll process from the Commerce Commission to the Shared Services Center - Implementation of an Alternate Workweek Program for the Department of Banking and Insurance and Department of State of New Jersey - "Fast-track" open competitive examinations for the Department of Banking and Insurance
Justification - Position #024961
This position has primary impact on the human resource activities for the Department of Personnel and the New Jersey Network. As mentioned earlier, there is freedom to take action independently within administratively prescribed parameters. This position is held accountable for the success of the Shared Services 2 Program. Specific programs and policies which have been developed over the past 30 months include:
- PAR Training and Implementation in the Department of Personnel - Development of Workplace Violence Policy for the Department of Personnel - Implementation of an Alternate Workweek Program for the Department of Personnel - KRONOS Timekeeping System implementation for the Department of Personnel
It is anticipated that incumbents will move to the Senior Executive Service along with their positions.
VOTE: Lewis A. Scheindlin (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
DATE: July 28, 2000
TO: Lewis A. Scheindlin, Acting 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
DEPARTMENT OF LABOR
The Department of Labor has requested the creation of two manager titles for the delivery of services mandated by the Workforce Investment Act of 1998.
The Workforce Investment Act of 1998 re-writes federal statutes governing job training programs, adult education and literacy, and vocational rehabilitation. It establishes a one-stop career center approach in providing services to the unemployed and under- employed. The Act creates a Workforce Investment Board (WIB); a consortium of public sector, private sector and community based organizations working together to comprehensively address the issues of employment. Currently, this practice has been underway in many states for several years and is supported, in part, by grants from the U. S. Department of Labor.
In response to the Workforce Investment Act of 1998, the Department of Labor has reorganized its structure for the delivery of employment, training, unemployment and related services into three types of offices: Regional Adjudication Centers (10), Re-employment Call-In Centers (3), and One-Stop Re- employment Centers (26). The manager titles will head each of these centers which are located throughout the State. Also, a manager will be employed in two Interstate Offices.
Incumbents in the Manager 1, Workforce New Jersey and Manager 2, Workforce New Jersey titles will oversee the provision of all of the programs, services and activities of a specific center. The services are inclusive of the delivery of unemployment insurance benefits.
The following factors will determine whether a level one- (1) or level two- (2) manager will staff a center:
- Geographic size of the service area; - Population density modified by the rate of unemployment; - Representation of targeted populations (e.g., dislocated workers, youth, disadvantaged, etc.); - Variety and complexity of the programs administered; - Span of supervision; - Program dollar resources administered; and - Number of agencies in the local office network.
The following titles in the Department of Labor will be inactivated once the filled positions are reclassified to the Manager 1, Workforce New Jersey and Manager 2, Workforce New Jersey titles and/or are vacated by incumbents:
Manager 1 M29-65255 Manager 2 M27-65254 Manager 3 M25-65253 Manager 1, Employment Services M29-64774 Manager 2, Employment Services M27-64773 Manager 3, Employment Services M25-64772
Your approval of this request is recommended.
CREATION OF NEW TITLES Effective: July 29, 2000
Manager 1, Workforce New Jersey M30 Career Workweek NL
Manager 2, Workforce New Jersey M28 Career Workweek NL
DATE: July 27, 2000
TO: Lewis A. Scheindlin, Acting 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
The Department of Transportation requests that the following job function be reallocated to the Senior Executive Service.
A review of the assigned job function has been conducted. The position will function as Director, Division of Policy, Legislation and Regulatory Actions and will report directly to the Assistant Commissioner for Planning, Research and Local Government Services. The position meets the standards established for inclusion in the Senior Executive Service.
The incumbent of the position is Patricia Snyder.
Based on the above information, your approval of the reallocation of position number 070337, currently classified as manager 2, Department of Transportation (Policy, Capital Programs and Authorities) from the Career Service to the Senior Executive Service is recommended.
Reallocation of Service
Effective Date: May 20, 2000
From: Manager 2, Department of Transportation, Policy, Capital Programs and Authorities (M33-65257O)
To: Senior Executive Service (M98-90752)
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Susan Lockwood, Principal Environmental Specialist, Department of Environmental Protection, suspension, transfer, and reassignment.
William Pape, Principal Probation Officer, Judiciary - Middlesex Vicinage, suspension.
Josephine Watkins, Assistant Director of Nursing, Department of Human Services, Ancora Psychiatric Hospital, 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:
Varnae Manning, Institutional Attendant, County of Union, removal.
Carlos Rivera, Senior Correction Officer, Department of Corrections, East Jersey State Prison, removal.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of James Collins Irvington Housing Authority Removal
In the Matter of Veronica Collins County of Essex, Department of Public Safety Removal
In the Matter of Ginger Happe Mountainview Youth Correctional Facility Department of Corrections Suspension
In the Matter of Ginger Happe Mountainview Youth Correctional Facility Department of Corrections Suspension
In the Matter of Tinette Latty County of Burlington, Buttonwood Hospital Suspension
In the Matter of Michael Rush New Lisbon Developmental Center Department of Human Services Suspension
In the Matter of Robert Russo City of Newark, Police Department Suspension
In the Matter of Ronald Salley Orange Housing Authority Suspension and Removal
In the Matter of Eric Scheffler County of Burlington, County Jail Suspension
In the Matter of William Shirden City of East Orange, Police Department Suspension
In the Matter of Jason Simonet County of Hudson, Department of Corrections Removal
In the Matter of Willie Smith Trenton Housing Authority Suspension
In the Matter of Benjamin Stewart Irvington Housing Authority Removal
In the Matter of Melvin Williams Newark School District Resignation Not In Good Standing
In the Matter of Anthony Yannazzone County of Monmouth, Highway Department Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements with the exception of, Robert Russo, Ronald Salley, William Shirden, and Jason Simonet.
A-2 JAMES BELL, ET AL.
Appeal of James Bell, et al., Clinical Psychologists, Department of Corrections, layoffs/demotion effective April 26, 1996, for reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Uphold the layoffs/demotion.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
VOTE: Lewis A. Scheindlin (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Abstained) Leo Vartan (Yes)
A-3 HARRY BOGER
Harry Boger, Police Lieutenant, City of Newark, suspension for 12 days, on charges of (1) violation of rules and regulations on the demonstration of respect, (2) insubordination, (3) conformance to regulations concerning the manner of wearing police uniforms.
Recommendation of the Administrative Law Judge - (1) Modify the two days of suspension to twelve days of suspension, (2) dismiss the charge of insubordination and reverse the ten days of suspension; and (3) uphold the bureau level reprimand.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a suspension of 6 days for charge 1 and affirmed the recommendation of the Administrative Law Judge for charges 2 and 3.
A-4 ROBERT FUNDERBURK
Robert Funderburk, Senior Correction Officer, New Jersey State Prison, suspension for 15 days, on charges of unsatisfactory attendance and absent from work as scheduled without permission.
Recommendation of the Administrative Law Judge - Reverse the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-5 SHERMAN MCCRAY
Sherman McCray, County Correction Officer, County of Burlington, suspension for 10 days, on charges of violating the Burlington County Jail attendance policy.
Recommendation of the Administrative Law Judge - Reverse the suspension.
ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.
A-6 CARLOS PACHECO
Carlos Pacheco, Senior Correction Officer, Garden State Youth Correctional Facility, Department of Corrections, suspension for 30 days, on charges of incompetency, inefficiency or failure to perform duties, neglect of duty, loafing, idleness, or willful failure to devote attention to tasks which could result in danger to persons or property.
Recommendation of the Administrative Law Judge - Reverse the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-7 ROBERT RUSSO
Robert Russo, Police Lieutenant, City of Newark, suspensions for 60 and 15 days, on charges of official inefficiency or incompetency, neglect of duty, false statement and treatment of prisoners.
Recommendation of the Administrative Law Judge - Reverse the suspensions.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-8 MARCELINO ARCE
Marcelino Arce, Storekeeper 2, Northern State Prison, Department of Corrections, removal, on charges of conduct unbecoming a public employee, falsification: intentional misstatement of material fact in connection with work, employment application, attendance or in any record, report, investigation or other proceeding and intentional abuse or misuse of authority or position.
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.
A-9 GEORGE JOHNSON (REMAND)
George Johnson, Human Services Assistant, Ancora Psychiatric Hospital, removal effective October 4, 1996, on charges of conviction of criminal offenses.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-10 DAVID LONG
David Long, Auditor 2, Department of Labor, removal effective January 17, 1997, on charges of incompetency, inefficiency or failure to perform duties, and neglect of duty.
Recommendation of the Administrative Law Judge - Modify the removal to a six-month suspension and demotion to the title of Auditor 3.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to uphold the removal.
A-11 MICHAEL MAIORINO
Michael Maiorino, Institutional Trade Instructor 1 Industrial Finishing, East Jersey State Prison, removal effective November 4, 1998, on charges of conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Modify the removal to a six-month suspension.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to uphold the removal.
A-12 RICHARD WHITOUS AND THOMAS GRIFFIN
Richard Whitous and Thomas Griffin, Practical Nurse and Human Services Technician, Greystone Park Psychiatric Hospital, removals effective May 20, 1998, on charges of sleeping on duty; neglect of duty; failure to devote attention to tasks which could result in danger to persons or property.
Recommendation of the Administrative Law Judge - Uphold the removals.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-13 JACQUELINE WOOTEN-ROSE
Jacqueline Wooten-Rose, Family Service Specialist 3, Division of Youth and Family Services, Department of Human Services, resignation not in good standing effective June 13, 1997, on charges of failure to return from approved leave of absence for five or more consecutive business days. The Merit System Board at its meeting of July 25, 2000, directed that this matter be held over.
Recommendation of the Administrative Law Judge - Uphold the resignation not in good standing.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to reverse the resignation not in good standing and reinstate appellant.
A-14 JOHN GAMBA, JR., (REMAND)
John Gamba, Jr., Fire Chief, City of Orange Fire Department, removal effective December 4, 1990, on charges of failing to seek and or obtain a leave of absence from his title in the career service upon his appointment to an unclassified position. The Merit System Board at its meeting of July 11, 2000, directed that this matter be held over.
Recommendation of the Administrative Law Judge - Reinstate appellant as Fire Chief effective July 1, 1996.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-15 GEORGE JOHNSON
Appeal of George Johnson, Police Officer, Police Department, Deptford Township concerning his bypass for appointment from the Police Sergeant (PM4746P), Township of Deptford eligible list. The Merit System Board at its meeting of July 11, 2000, directed that this matter be held over.
Recommendation of the Administrative Law Judge - Uphold the Township's bypass of the appellant for appointment.
ACTION: The Merit System Board directed that this matter be held over.
A-16 JOSEFINE BRAM - SETTLEMENT
Josefine Bram, Department of Military and Veterans' Affairs, New Jersey Veterans' Memorial Home - Vineland, initial removal effective December 1, 1999, on charges of inappropriate physical contact or mistreatment of a patient, client, resident, or employee and verbal abuse of a patient, client, resident, or employee.
Recommendation of the Administrative Law Judge - Settlement.
ACTION: The Merit System Board acknowledged the settlement.
A-17 JOSEPH FLEMING - SETTLEMENT
Joseph Fleming, Housing Authority of the City of Trenton, initial removal effective January 30, 1999, on charges of incompetency, inefficiency and failure to perform duties, insubordination, conduct unbecoming a public employee and neglect of duty.
Recommendation of the Administrative Law Judge - Settlement.
ACTION: The Merit System Board acknowledged the settlement.
SECTION B - MISCELLANEOUS MATTERS
B-1 CHRISTOPHER CIKO
Christopher Ciko, represented by Matthew S. Wolf, Esq., appeals his rejection as a Correction Officer Recruit by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-2 ERIC DARE
Eric Dare, represented by Keith Waldman, Esq., appeals his rejection as a Police Officer candidate by Monroe Township and its request to remove his name from the 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 granted.
B-3 JOHN HAGANS
John Hagans appeals his rejection as a Juvenile Detention Officer by the County of Camden and its request to remove his name from the eligible list for Juvenile Detention 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-4 VICTOR MORTON
Victor Morton, represented by Edward P. Ruane, Esq., appeals his rejection as a County Correction Officer candidate by the County of Union 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-5 JEFFREY MORRIS
Jeffrey Morris appeals his rejection as a County Correction Officer by the County of Camden 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-6 BRIAN PEARSON
Brian Pearson appeals his rejection as a County Correction Officer by the County of Camden 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-7 ALAN P. BREWER
Alan P. Brewer, a Senior Parole Officer with the 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 ARLANDER CAIN
Arlander Cain, a Human Services Technician at Trenton Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-9 DWIGHT FRIEND
Dwight Friend, a Senior Correction Officer with the Albert C. Wagner 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 denied.
B-10 ANTHONY MANZI
Anthony Manzi, a Correction Sergeant with 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 denied.
B-11 MARK E. PERCOCO
Mark E. Percoco, a Senior Correction Officer at the Adult Diagnostic and Treatment Center, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-12 JOHN SANSONE
John Sansone, a Teacher 2 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 denied.
B-13 DEBORAH WILLIAMS
Deborah Williams, a Head Nurse at 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-14 CYNTHIA WRIGHT
Cynthia Wright, a Cottage Training Technician 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-15 ALPHONSE CAPONE
Alphonse Capone appeals the determination 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 Assistant Director, Maintenance Services (M6428W), Jersey City.
ACTION: The Merit System Board directed that this appeal be denied.
B-16 MARTIN CUTLER
Martin Cutler appeals the decision by the Placement Services/Certification Unit removing his name from the special reemployment list for Surveyor, Physical Plant/Life Safety, with the Department of Health and Senior Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-17 JOSE DEL ROSARIO
Jose Del Rosario, represented by Patricia L. Johnson, Esq., appeals the decision of Human Resource Information Services (HRIS) which found that the appointing authority had presented a sufficient basis to remove his name from the Police Officer (M3382Z), Jersey City eligible list because he failed to meet the age requirement for the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-18 KELLY M. HOWELL
Kelly M. Howell appeals the decision of Selection Services which found that the Department of Environmental Protection had presented a sufficient basis to remove the appellant's name from the Ranger Trainee (S9999W) eligible list due to her failure to appear for a scheduled interview.
ACTION: The Merit System Board directed that this appeal be granted.
B-19 DANIEL WILLIAMS
The Department of Corrections (DOC), represented by Kathleen M. VanSteen, Manager, Employee Relations, DOC, requests that the Merit System Board review the amount of back pay due to Daniel Williams, a Senior Correction Officer, as the result of a settlement agreement with the DOC which was acknowledged by the Board on December 16, 1997. Mr. Williams also requests enforcement of that part of the settlement agreement granting him back pay and medical benefits.
ACTION: The Merit System Board ordered the appointing authority to pay the appellant the sum of $48,796.98 in back pay, plus any outstanding medical bills.
B-20 CODE ENFORCEMENT OFFICER (M0041O), JERSEY CITY
The appointing authority requests permission not to make an appointment from the certification for Code Enforcement Officer (M0041O), Jersey City.
ACTION: The Merit System Board granted the request but assessed selection and compliance costs and a fine.
B-21 ODELLE JEFFERSON
Odelle Jefferson, a former Family Service Specialist 3 with the Division of Youth and Family Services, Department of Human Services, petitions the Merit System Board to reconsider its final decision dismissing her appeal without prejudice based on her failure to pursue.
ACTION: The Merit System Board granted the request for reconsideration and directed that the matter be transmitted to the Office of Administrative Law.
B-22 JOHN SCATURRO
The appeal of John Scaturro, a Sheriff's Officer with the Middlesex County Sheriff's Department, of his 30-day suspension beginning July 12, 1999 on charges, was heard by Administrative Law Judge Anthony T. Bruno (ALJ), who rendered his initial decision on March 27, 2000, recommending that the 30-day suspension be upheld. At is meeting on May 9, 2000, the Board affirmed the ALJ's recommendation. The proposed decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-23 WALTER BETHUNE
The appeal of Walter Bethune, a Human Services Assistant at Ancora Psychiatric Hospital, Department of Human Services, of his removal effective April 12, 1999 on charges, was heard by Administrative Law Judge John R. Tassini (ALJ), who rendered his initial decision on May 8, 2000. At its meeting on July 11, 2000, the Board did not adopt the ALJ's recommendation to modify the removal to a six-month suspension. Rather, the Board upheld the removal. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-24 FERNANDO DEL VALLE
The appeal of Fernando Del Valle, a Senior Correction Officer with the New Jersey Training School for Boys, Department of Law and Public Safety, of his 60-day suspension and removal effective September 8, 1998 on charges, was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on May 8, 2000. At its meeting on July 11, 2000, the Merit System Board adopted the ALJ's recommendation to uphold the 60-day suspension, but did not adopt the ALJ's recommendation to modify the removal to a six-month suspension. Rather, the Board upheld the removal. 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) Margaret E. L. Howard (Abstained) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-25 RYAN BROUGHTON
The appeal of Ryan Broughton, a Cottage Training Supervisor at Woodbine Developmental Center, Department of Human Services, of his removal effective July 24, 1998 on charges, was heard by Administrative Law Judge Edgar R. Homes (ALJ), who rendered his initial decision on May 10, 2000, reversing the removal. At its meeting of July 25, 2000, the Board ordered that this matter be remanded to the Office of Administrative Law. The proposed decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Abstained) Leo Vartan (Yes)
B-26 WILLIAM BRYANT, JR.
The appeal of William Byrant, Jr., a Fire Fighter with the City of Jersey City, of his removal effective October 30, 1998 on charges, was heard by Administrative Law Judge Michael L. Ravin (ALJ), who rendered his initial decision on May 4, 2000. At its meeting on July 25, 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.
VOTE: Lewis A. Scheindlin (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Abstained) Leo Vartan (Yes)
B-27 HANSA PATEL
The appeal of Hansa Patel, a Senior Account Clerk with the State-Operated School District of the City of Newark, of her 90-day suspension on charges, was heard by Administrative Law Judge Maria Mancini LaFiandra (ALJ), who rendered her initial decision on June 6, 2000. At is meeting on July 25, 2000, the Merit System Board (Board) adopted the ALJ's recommendation to modify the penalty to a 45-day suspension. 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) Margaret E. L. Howard (Yes) Judith L. Shaw (Abstained) Leo Vartan (Yes)
B-28 DEBBIE D. ALSTON-MOLLEY AND LYNDA M. CHRISTIAN
Debbie D. Alston-Molley and Lynda M. Christian appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirement for the promotional examination for Housing Aide, Typing (PM1008A), Atlantic City Housing Authority.
ACTION: The Merit System Board directed that these appeals be granted.
B-29 MONICA BLAND-GALLIMORE
Monica Bland-Gallimore appeals the determination of the Division of Selection Services which found that she did not meet the education requirements for the open competitive examination for Fiscal Analyst (C6720A), Union County.
ACTION: The Merit System Board directed that this appeal be denied.
B-30 ADRIANNE BROITMAN AND KATHLEEN SAXTON
Adrianne Broitman and Kathleen Saxton appeal the determination of the Division of Selection Services which found that they did not meet the experience requirements for the open competitive examination for the title of Social Worker, Juvenile Rehabilitation (C1153B), Monmouth County.
ACTION: The Merit System Board directed that these appeals be denied.
B-31 DEBORAH BROWN
Deborah Brown 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 the title Infection Control Coordinator (C0729W), Union County.
ACTION: The Merit System Board directed that this appeal be denied.
B-32 BRIAN P. CAREY
Brian P. Carey appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements, per the education substitution clause, for the promotional examination for Program Analyst (PC0251A), Gloucester County.
ACTION: The Merit System Board directed that this appeal be granted.
B-33 JOANNE T. CONWAY
Joanne T. Conway appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Assistant County Adjuster (PC2293A), Cape May County.
ACTION: The Merit System Board directed that this appeal be granted.
B-34 PHYLIS COUCH
Phylis Couch appeals the determination of the Division of Selection Services, which found that she did not meet the education requirements for the open competitive examination for Senior Chemist Water Analysis (M6665A), Trenton.
ACTION: The Merit System Board directed that this appeal be denied.
B-35 RAUN DANIELS
Raun Daniels appeals the determination of the Division of Selection Services which found that he did not meet the residency requirements for the open competitive examination for Program Analyst (C6812A), Essex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-36 MICHELLE DUNFORD
Michelle Dunford appeals her ineligibility for the Law Enforcement Candidate Record (LECR) examination (S9999W).
ACTION: The Merit System Board directed that this appeal be denied.
B-37 CAMILLE DUREN
Camille Duren appeals the determination of the Division of Selection Services which found that she did not meet the education and experience requirements for the open competitive examination for Program Specialist, Special Child Health Services (C6723A), Gloucester County.
ACTION: The Merit System Board directed that this appeal be granted.
B-38 JOHN F. GERAGHTY, JR.
John F. Geraghty, Jr., appeals the determination of the Division of Human Resource Management which found that he was ineligible for the promotional examination for Family Service Specialist 1 (PS5311K), Division of Youth and Family Services/Southern Region, Department of Human Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-39 PATRICIA GRAVES
Patricia Graves 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 Instructor Counselor (PS8028K), Woodbridge Developmental Center.
ACTION: The Merit System Board directed that this appeal be denied.
B-40 ELEANOR A. GUERRIERO, ET AL.
Eleanor A. Guerriero, Alberta Nichols, Patricia A. Nyzio, and Rajumon P. Thomas individually, and Florine S. Linzie, represented by Communications Workers of America, Local 1033, appeal the determination of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Supervisor of Legal Secretarial Services (PS6882P), Department of Law and Public Safety.
ACTION: The Merit System Board directed that these appeals be denied.
B-41 MARK KING
Mark King appeals the determination of the Division of Selection Services, which found that he did not meet the residency requirements for the open-competitive examination for Supervising Admissions and Records Officer (C1225B), Essex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-42 CHARLES KLINGBERG
Charles Klingberg appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examinations for Field Monitor 2 (PS8872T) and Field Monitor 1 (PS8873T), Division of Motor Vehicles.
ACTION: The Merit System Board directed that this appeal be denied.
B-43 JEAN MARSHALL
Jean Marshall appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for the promotional examination for Chief of Administrative Services (PC1845W), Salem County.
ACTION: The Merit System Board directed that this appeal be granted.
B-44 SHERRY A. MCMAHON
Sherry A. McMahon appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the title of Medical Claims Review Clerk (S0448A).
ACTION: The Merit System Board directed that this appeal be denied.
B-45 MERCEDES MERCADO
Mercedes Mercado appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for the promotional examination for Supervising Accountant (PS9013K), Senator Garrett W. Hagedorn Center for Geriatrics.
ACTION: The Merit System Board directed that this appeal be granted.
B-46 MARGO MORGAN
Margo Morgan appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Clinical Psychologist 2 (PS7980K), Ancora Psychiatric Hospital.
ACTION: The Merit System Board directed that this appeal be granted.
B-47 BONNIE PHILLIPS
Bonnie Phillips appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Supervisor Water (PM0806A), Newark Water and Sewer Utility.
ACTION: The Merit System Board directed that this appeal be denied.
B-48 LOLITA Y. PORTER
Lolita Y. Porter appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for the promotional examination for Data Entry Machine Operator (PC42003V), Union County.
ACTION: The Merit System Board directed that this appeal be granted.
B-49 DREW STEPHENS
Drew Stephens 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 Investigator Trainee (S6211A).
ACTION: The Merit System Board directed that this appeal be denied.
B-50 ALEXANDER TUNNARD
Alexander Tunnard appeals the determination of the Division of Selection Services which found that he did not meet the experience requirement for the promotional examination for Sanitation Superintendent (PM0257A), City of Hackensack.
ACTION: The Merit System Board directed that this appeal be granted.
B-51 MICHELE VILLALBA
Michele Villalba appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Administrative Secretary (PC0336A), Mercer County Board of Social Services.
ACTION: The Merit System Board directed that this appeal be granted.
B-52 BEVERLY WILKINS
Beverly Wilkins appeals the determination of the Division of Selection Services, which found that per the substitution clause for education, she did not meet the experience requirement for the promotional examination for Examiner Unemployment Tax (PS7176N), Department of Labor.
ACTION: The Merit System Board directed that this appeal be granted.
B-53 ROBERT M. CLOUPE
Robert M. Cloupe appeals his score for the open competitive examination for Communications Systems Technician 1 (S1598T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-54 DENARD COOPER, ET AL.
Denard Cooper, John Peins, Jr., and Stephen Pellington appeal the scoring of the multiple choice portion of the Fire Fighter (M9999A) examination.
ACTION: The Merit System Board directed that these appeals be denied.
B-55 ROSEMARY L. TROCKI
Rosemary L. Trocki appeals her score on the promotional examination for Secretarial Assistant 2 (Non-Stenographic) (PS85119E), Department of Military and Veterans' Affairs.
ACTION: The Merit System Board directed that this appeal be denied.
B-56 ANTHONY T. FALCONIERO AND JAMES P. FALCONIERO
Anthony T. Falconiero and James P. Falconiero appeal their rankings for the promotional examination for Public Works Superintendent (PM0731A), City of Camden.
ACTION: The Merit System Board directed that these appeals be denied and directed that a revised eligible roster be issued based on re-scoring of the promotional examination.
B-57 COLLEEN CONOVER
Colleen Conover appeals the administration of the multiple- choice portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-58 ROBERT EVANS
Robert Evans appeals the administration of the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-59 ISAAC ROBERT, III
Isaac Robert, III appeals the administration of the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-60 DAVID PEOPLES
David Peoples appeals the determination of the Division of Selection Services, denying his make-up request for the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-61 DAVID DRESCHER
David Drescher, represented by Gary Platt, Esq., appeals the written examination for Police Lieutenant (PM1355W), Hillside.
ACTION: The Merit System Board directed that this appeal be denied.
B-62 DEBORAH MCGORTY
Deborah McGorty, represented by Sanford Oxfeld, Esq., appeals the decision of the Division of Human Resource Management which found that she lacked the required amount of continuous permanent status as of the closing date for the examination for Police Sergeant (PM2564A), Weehawken.
ACTION: The Merit System Board directed that this appeal be denied.
B-63 GLENN CAMUSO, ET AL.
Glenn Camuso, James Golden and Joseph Wilke appeal the decision of the Division of Selection Services which set the amount of time allotted for review of the examination for Police Captain (PM3561A) Newark.
ACTION: The Merit System Board directed that these appeals be denied.
B-64 SUZANNE E. CRAMMER
The Director, Division of Selection Services, on behalf of the Department of State, requests that Suzanne E. Crammer's out-of-title work experience be accepted to admit her to the promotional examination for Technical Assistant 1, (PS0484S), Department of State.
ACTION: The Merit System Board granted the request.
B-65 GINA PRONCHICK
The Director, Division of Selection Services, on behalf of the Department of the Treasury, requests that Gina Pronchick's out-of-title work experience be accepted to admit her to a prospective promotional examination for the title Technical Assistant 3.
ACTION: The Merit System Board granted the request.
B-66 BERNADETTE BRUNO, ET AL., OFFICE OF THE PUBLIC DEFENDER
The parties to In the Matter of Bernadette Bruno, et al., A- 7262-97T3 (App. Div., February 25, 2000) seek Merit System Board acknowledgement of a settlement.
ACTION: The Merit System Board acknowledged the settlement.
B-67 PROPOSED AMENDMENT TO N.J.A.C. 4A:10-1.1 - VIOLATIONS AND PENALTIES
It is recommended that the proposed amendment to N.J.A.C. 4A:10-1.1 - Violations and Penalties be approved for publication in the New Jersey Register for public notice and comment.
ACTION: The Merit System Board approved the proposed amendment for publication.
B-68 PROPOSED AMENDMENT TO N.J.A.C. 4A:4-2.3 - MAXIMUM AGE REQUIREMENT FOR POLICE OFFICERS
It is recommended that the proposed amendment to N.J.A.C. 4A:4-2.3 - Maximum Age Requirement for Police Officers be adopted without change.
ACTION: The Merit System Board adopted without change the proposed amendment.
B-69 ROBERT HOUSE
Robert House appeals the determination of the Division of Selection Services which found that he did not meet the announced residency requirements for the open competitive examination for Code Enforcement Officer (M6718A), City of Newark.
ACTION: The Merit System Board directed that this appeal be granted.
B-70 UVALDO CHAVEZ
Uvaldo Chavez, a Clerk with Union City, represented by Louis C. Rosen, Esq., challenges the validity of his retirement in lieu of layoff. This matter was held over from the May 9, 2000 meeting for further review.
ACTION: The Merit System Board granted a hearing.
B-71 TOMMIE FARRIOR
The appeal of Tommie Farrior, a County Correction Sergeant with Burlington County, regarding his removal effective February 5, 1999 on charges was originally heard by Administrative Law Judge (ALJ) Jeff S. Masin, who rendered his initial decision on January 6, 2000, modifying the removal to a 30-day suspension. At its meeting of February 8, 2000, the Merit System Board (Board) ordered that this matter be remanded to the Office of Administrative Law. On remand, in his June 15, 2000 initial decision, the ALJ did not indicate any change to the recommended outcome. At its meeting on July 25, 2000, the Board modified the ALJ's recommendation and dismissed the charges against the appellant.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Abstained) Leo Vartan (Yes)
B-72 PROPOSED AMENDMENTS TO N.J.A.C. 4A:2-2.7 AND 2.9 - FORFEITURE OF PUBLIC EMPLOYMENT
It is recommended that the proposed amendments to N.J.A.C. 4A:2-2.7 and 2.9 - Forfeiture of Public Employment be adopted without change.
ACTION: The Merit System Board adopted without change the proposed amendments.
B-73 PROPOSED NEW RULE N.J.A.C. 4A:6-1.24 - NEW SCHOOL VOLUNTEER LEAVE PROGRAM
It is recommended that the proposed new rule N.J.A.C. 4A:6- 1.24 - New School Volunteer Leave Program be adopted without change.
ACTION: The Merit System Board adopted without change the proposed new rule.
B-74 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of July 25, 2000 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of July 25, 2000.
VOTE: Lewis A. Scheindlin (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Abstained) Leo Vartan (Yes)
B-75 EARLY SETTLEMENTS
Matthew Dobbs Department of Human Services Vineland Developmental Center Removal
ACTION: The Merit System Board acknowledged the settlement.
There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, August 22, 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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© State of New Jersey Civil Service Commission |
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