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State of New Jersey, Civil Service Commission
Governor Phil Murphy • Lt.Governor Sheila Oliver
 
 
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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