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Meeting Minutes of September 12, 2000
Lewis A. Scheindlin, Acting Chairman
Alan Dexter Bowman
Margaret E. L. Howard
Leo Vartan
A regular meeting of the Merit System Board was held on
Tuesday, September 12, 2000, in Trenton, New Jersey.
PRESENT: Acting Chairman Lewis A. Scheindlin, Merit System
Board Members, Alan Dexter Bowman, Margaret E. L. Howard, 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.
TO: Lewis Scheindlin, Acting Commissioner
Henry Maurer, Director, MSP&LR
FROM: Marjorie Schwartz, Director
Division of Human Resource Management
DATE: August 8, 2000
RE: Change in State Classification Plan
The Office of Information Technology 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: 8/29/00
From: 944041, Manager 2, Info Processing (PAP) (M34 - 64777)
To: 944041, Senior Executive Service, Customer Relationship
Manager, (M98 - 90752)
Effective date: 8/29/00
From: 926685, Manager 3, Information Processing (PAP) (M36 -
64779)
To: 926685, Senior Executive Service, Customer Relationship
Manager
(M98 - 90752)
Effective date: 8/29/00
From: 936108, Manager 3, DMV (M30 - 56460)
To: 936108, Senior Executive Service, Customer Relationship
Manager
(M98 - 90752)
Effective Date: 8/29/00
From: 951915, Manager 2, Fiscal Resources (PAP) (M34 - 60323)
To: 951915, Senior Executive Service, Director, Fiscal Services
(M98 - 90752)
Effective date: 8/29/00
From: 936653, Manager 2, Information Processing (M34 - 64777)
To: 936653, Senior Executive Service, Director of Administration
(M98 - 90752)
Effective date: 8/29/00
From: 910806, Manager 3, Information Processing (RA) (M36 -
64779)
To: 910806, Senior Executive Service, Director of Application
Development
And Maintenance Services (M98 - 90752)
Effective date: 8/29/00
From: 936084, Manager 1, Information Processing (RA) (M32 -
64775)
To: 936084, Senior Executive Service, Director, Research in
Technology
(M98 - 90752)
Effective date: 8/29/00
From: 951407, Project Manager, (X98 - 60005)
To: 951407, Senior Executive Service, Director of E-Government
(M98 - 90752)
Effective date: 8/29/00
From: 911019, Manager 2, Information Processing (RA) (M34 -
64777)
To: 911019, Senior Executive Service, Director, Production
Services
(M98 - 90752)
Effective date: 8/29/00
From: 939313, Director, Office Prov. Relations (RA) (M32 -
51296)
To: 939313, Senior Executive Service, Director, Communications
and Creative Services (M98 - 90752)
Effective date: 8/29/00
From: 950899, Manager 3, Information Processing (RA) (M36 -
64779)
To: 950899, Senior Executive Service, Director, Network
Infrastructure and Telecommunications Services (M98 - 90752)
DATE: August 22, 2000
TO: Lewis A. Scheindlin, Acting Commissioner
Henry S. Maurer, Director
Merit System Practices and Labor Relations
FROM: Marjorie A. Schwartz, Director
Human Resources Management
SUBJECT: Change in the Compensation Plan
LAW AND PUBLIC SAFETY
We are requesting a two-range salary increase, workweek and title
verbiage change for a title assigned to the Department of Law and
Public Safety.
The Department contends that changes in job responsibilities and
skill levels have impacted the existing job content evaluation.
The title was resurveyed using the Job Analysis Questionnaire,
the results of which support the Appointing Authority's
contention. Resurvey information revealed the job has shifted
from a consultative, program-oriented function to one that is
more technically oriented. This shift has impacted the education
requirements; greater technical education in the areas of
electronics and radiation physics is needed to perform the
essential duties of the position. A separate review of the job
content evaluation indicates that a two-range increase is
justified.
The amount of work performed in the field has decreased to the
extent that an NE workweek is no longer appropriate, a 40-hour
workweek is better suited to this function. We will also modify
the title verbiage to remove the word "field" from this title.
CHANGE IN SALARY RANGE, WORKWEEK, AND TITLE VERBIAGE
Effective: 03/11/00
FROM:
Radiological Field Service Representative
I17-34792 C NE
TO:
Radiological Service Representative
I19-34792 C 40
DATE: August 31, 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 State Classification Plan
DEPARTMENT OF LAW AND PUBLIC SAFETY
A request for change in workweek designation has been requested
by the above-named department for the title of State Police
Recruit in the Division of State Police. This request is being
made in compliance with the Federal Fair Labor Standards Act and
N.J.A.C. 4A:6-2.2 (A), 29 C.F.R. 553.211 and 29 C.F.R. 533.214.
This request is consistent with the applicable Federal
regulations. N.J.A.C. 4A:6-2.2A, provides the criteria for the
4L workweek designation. However, that rule is based on Federal
law and regulations, which are far more detailed and are
controlling in this matter. In particular, 29 C.F.R. 553.211(a)
sets forth the three criteria found in our rule for defining an
individual as a "law enforcement" employee. However, 29 C.F.R.
553.211(b) provides, in pertinent part: "Employees who meet
these tests are considered to be engaged in law enforcement
activities regardless of their rank, or of their status as
`trainee,' `probationary' or `permanent'.." Moreover, 29 C.F.R.
553.214, entitled "Trainees," provides in pertinent part: "The
attendance at a bona fide fire or police academy or other
training facility, when required by the employing agency,
constitutes engagement in [law enforcement] activities . only
when the employee meets all the applicable tests described in .
Sec. 553.211 (except for the power of arrest for law enforcement
personnel)." The clear import of these regulations is that law
enforcement trainees, such as State Police Recruits, are entitled
to the "law enforcement" workweek designation, notwithstanding
that they lack the power of arrest.
In view of the above, we are respectfully requesting approval of
the workweek/year change for the State Police Recruit from NL 12
to 4L 12.
CHANGE IN WORKWEEK/YEAR DESIGNATION
Effective Date: August 26, 2000
State Police Recruit - X98-31849, Class of Service - Unclassified
From: NL 12 Workweek/year To: 4L 12 Workweek/year
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing
calendar:
Johnny Banks, Police Officer, City of Newark, suspension.
Robert Brenzel, Range Instructor, City of Jersey City,
suspension.
Barbara Flanagan, Head Nurse, Department of Human Services,
layoff.
Martin G. Kay, Public Safety Telecommunicator, County of
Burlington, removal.
Talaat A. Kerolus, Department of the Treasury, list removal.
Luther Lessard, Maintenance Repairer, County of Burlington,
suspension.
Oswaldo Maldonado, Housing Inspector Bilingual in Spanish and
English, City of Passaic, request for enforcement.
Ruth Stone, Cottage Training Technician, Department of Human
Services, Vineland Developmental Center, removal.
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:
Limmie Caver, Police Officer, City of Trenton, suspension.
Toni Hand, Youth Worker, Department of Human Service, Division of
Youth and Family Services, suspension.
Sabrina Hollis, Family Service Specialist III, Department of
Human Services, Division of Youth and Family Services,
resignation not in good standing.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Denise Arbuckle
Woodbridge Developmental Center
Department of Human Services
Suspension
In the Matter of George Curley
Mid-State Correctional Facility
Department of Corrections
Removal
In the Matter of Kathleen Dillon
Judiciary - Essex Vicinage
Removal
In the Matter of Kimberly Greenleaf
City of Jersey City, Police Department
Suspension
In the Matter of Yolanda Patrice Harvey
Riverfront State Prison
Department of Corrections
Removal
In the Matter of Pauline Johnson
Richard Stockton College
Removal
In the Matter of Stephen Reiss
Juvenile Medium Security Facility
Suspension
In the Matter of Marci Rothstein
New Jersey Department of Treasury
Removal
In the Matter of Robert Velez
Newark Police Department
Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE
CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the
settlements with the exception of Marci Rothstein.
A-2 WILLIAM BATE
William Bate, Probation Officer, Department of Judiciary,
Essex Vicinage, (1) suspension for 20 days beginning July
14, 1997, on charges of incompetency, inefficiency or
failure to perform duties and neglect of duty and (2)
removal effective May 5, 1998, on charges of failure to
perform duties, chronic/excessive tardiness and neglect of
duty.
Recommendation of the Administrative Law Judge - (1) Uphold
the suspension and (2) uphold the removal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge to uphold the
suspension but modified the removal to a
resignation in good standing.
A-3 SUSAN CINTRON
Susan Cintron, Clerk Typist, Administrative Office of the
Courts, Judiciary, Ocean Vicinage, release at the end of an
extended working test period effective April 22, 1998, due
to unsatisfactory performance.
Recommendation of the Administrative Law Judge - Uphold the
release at the end of the working test period.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-4 ABDUL-GHAFUR FAIZ
Abdul-Ghafur Faiz, Senior Correction Officer, New Jersey
State Prison, Department of Corrections, suspension for 30
days, on charges of incompetency, inefficiency or failure
to perform duties, insubordination, and neglect of duty.
Recommendation of the Administrative Law Judge - Modify the
30-day suspension to a 10-day suspension.
ACTION: The Merit System Board remanded the matter to the
Office of Administrative Law.
A-5 JUAN DIEGO FEEHAN
Juan Diego Feehan, Income Maintenance Technician, Bilingual,
Middlesex County Board of Social Services, suspension for 25
days, on charges of misuse of property, neglect of duty,
failure to follow directives and insubordination.
Recommendation of the Administrative Law Judge - Uphold the
suspension.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-6 KEVIN GRANT & STANLEY THORPE
Kevin Grant and Stanley Thorpe, Human Services Technicians,
Ancora Psychiatric Hospital, Department of Human Services,
suspensions for 60 days, on charges of negligently
contributing to an elopement.
Recommendation of the Administrative Law Judge - Reverse the
60-day suspensions.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-7 JOANNE JOBECK
Joanne Jobeck, Principal Data Control Clerk, County of
Union, resignation not in good standing effective March 2,
1998, on charges of abandonment of her position for failure
to return to duty for five or more consecutive business days
following an approved leave of absence.
Recommendation of the Administrative Law Judge - Uphold the
resignation not in good standing.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge
A-8 JEFFREY MARSHALL
Jeffrey Marshall, Police Sergeant, Police Department, City
of Newark, suspension for 15 days, on charges of improper
conduct and making a false statement.
Recommendation of the Administrative Law Judge - Modify the
15-day suspension to a five-day suspension and also impose
an official reprimand.
ACTION: The Merit System Board directed that this matter
be held over.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Leo Vartan (Yes)
A-9 MARK ODOM
Mark Odom, Police Officer, City of Newark, suspension for 10
days, on charges of violation of department regulations.
During the course of the OAL proceedings, the Administrative
Law Judge granted the appellant's request to amend his
pleadings to include a claim for back pay from January 23,
1997 to September 22, 1997 and counsel fees.
Recommendation of the Administrative Law Judge - Award back
pay, benefits and seniority for the period from January 23,
1997 to September 22, 1997 and reasonable counsel fees.
ACTION: The Merit System Board affirmed that portion of
the recommendation of the Administrative Law Judge
to award back pay benefits and seniority for the
period from January 23, 1997 to September 22,
1997, but denied the award of counsel fees.
Further, the Board acknowledged the withdrawal of
the appeal of the 10-day suspension.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Leo Vartan (Yes)
A-10 TRACY RAYNER
Tracy Rayner, Police Officer, City of Newark, Police
Department, suspension for 15 days, on charges of public
disparagement, demonstration of respect, indecent language,
and false statement.
Recommendation of the Administrative Law Judge - Modify the
15-day suspension to a 5-day suspension.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Leo Vartan (Yes)
A-11 STEPHEN SUBIN
Stephen Subin, Fire Fighter, Fire Department, City of
Atlantic City, suspension for eight days (forfeiting eight
vacation days), on charges of insubordination.
Recommendation of the Administrative Law Judge - Uphold the
suspension.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-12 ANTHONY WILLIAMS
Anthony Williams, County Correction Officer, County of
Monmouth, Department of Corrections and Youth Services,
suspension for 10 days, on charges of insubordination and
conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the
10-day suspension.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-13 BARBARA ARCHIE
Barbara Archie, Cottage Training Technician, Woodbine
Developmental Center, Department of Human Services, (1)
removal effective February 18, 1999, on charges of neglect
of duty, loafing, idleness, or willful failure to devote
attention to task which could result in danger to persons or
property and (2) removal effective March 10, 1999, on
charges of leaving an assigned work area without permission,
creating a danger to persons.
Recommendation of the Administrative Law Judge - Uphold the
removals.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-14 ELIZABETH BRUNKOW
Elizabeth Brunkow, Licensed Practical Nurse, Burlington
County, Buttonwood Hospital, removal effective June 12,
1998, on charges of incompetency, inefficiency or failure to
perform duties, conduct unbecoming a public employee,
neglect of duty and patient abuse/neglect.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-15 LAWRENCE CHATMON
Lawrence Chatmon, Truck Driver, City of Newark, Department
of Neighborhood Services, removal effective September 20,
1996, on charges of conduct unbecoming a public employee,
violation of any of the provisions of the civil service law
and regulations, or any other statute governing or relating
to the employment of public employees; or the personnel
policies and procedures of the City or the rules and
regulations of the employing department and criminal charge
pending against the employee.
Recommendation of the Administrative Law Judge - Reverse the
removal, and grant back pay to the estate of Lawrence
Chatmon through the date of death.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Leo Vartan (Yes)
A-16 CORY EMELE
Cory Emele, Senior Correction Officer, Mountainview Youth
Correctional Facility, Department of Corrections, removal
effective December 10, 1998, on charges of attendance;
leaving assigned work area without permission creating
danger to persons or property, performance; eight serious
mistakes due to carelessness which may result in danger
and/or injury to persons or property and safety and security
precautions; negligence in performing duty resulting in
injury to persons or damage to property.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board remanded the matter to the
Office of Administrative Law.
A-17 PATRICK MONTELLA
Patrick Montella, Lieutenant, City of Newark Police
Department, suspension for five days, on charges of neglect
of duty.
Recommendation of the Administrative Law Judge - Uphold the
suspension.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Leo Vartan (Yes)
A-18 CHARLES PARKER
Charles Parker, Food Service Worker, Meadowview Nursing
Home, County of Atlantic, release at the end of the working
test period effective August 5, 1998.
Recommendation of the Administrative Law Judge - Uphold the
release at the end of the working test period.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-19 ROBERT J. SCHNUR
Robert J. Schnur, Senior Correction Officer, South Woods
State Prison, Department of Corrections, removal effective
April 28, 1999, on charges of conduct unbecoming a public
employee, actions involving criminal matters, aggravated
sexual assault, and burglary.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-20 JUAN GONZALEZ
Juan Gonzalez, Police Officer, City of Newark, Police
Department, release at the end of the working test period
effective July 23, 1999. The Merit System Board at its
meeting of August 29, 2000, directed that this matter be
held over.
Recommendation of the Administrative Law Judge - Reverse the
release at the end of the working test period.
ACTION: The Merit System Board remanded the matter to the
Office of Administrative Law.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Leo Vartan (Yes)
A-21 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 August 8,
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 affirmed the recommendation
of the Administrative Law Judge.
A-22 EDWARD G. VETRECIN, JR. - SETTLEMENT
Edward G. Vetrecin, Jr., a Clinical Nurse with Monmouth
County, Monmouth County Corrections/Youth Services, initial
suspensions (2) for 45 days and 20 days on charges of
insubordination, discourtesy, conduct unbecoming a public
employee and intentional disobedience and refusal to accept
a reasonable order, and removal effective March 18, 2000 on
charges of disclosure of confidential information, violation
of rules, regulations, policy, procedure or administrative
directive and conduct unbecoming a public employee. Settled
to a resignation in good standing and reimbursement of 15
days back pay.
Recommendation of the Administrative Law Judge - Acknowledge
the settlement.
ACTION: The Merit System Board acknowledged the settlement
SECTION B - MISCELLANEOUS MATTERS
B-1 BEVERLY D. CONNELLY
Beverly D. Connelly, represented by Carl Figueroa, Esq.,
appeals her rejection as a Sheriff's Officer candidate by
the County of Union and its request to remove her name from
the subject 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-2 BENJAMIN RIVERA-ESTRADA
Benjamin Rivera-Estrada, represented by Wendie L. Elovich,
Esq., appeals his rejection as a Police Officer candidate by
the City of Long Branch and its request to remove his name
from the eligible list for Police Officer on the basis of
psychological unfitness to perform effectively the duties of
the position.
ACTION: The Merit System Board referred the matter for an
independent evaluation.
B-3 HELENA CONTRAVO
Helena Contravo, an Emergency Medical Services Technician
with the 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-4 ANN COSSABOON
Ann Cossaboon, a Maintenance Worker 1 (Transportation) with
the Department of Transportation, represented by Harry
Furman, Esq., appeals the denial of sick leave injury (SLI)
benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-5 BONAFACE EMEANA
Bonaface Emeana, a Family Services Specialist 3 with the
Division of Youth and Family Services, Department of Human
Services, appeals the denial of sick leave injury (SLI)
benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-6 JOHN P. FERRACO
John P. Ferraco, a Senior Correction Officer with 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-7 ELISA GAN
Elisa Gan, a Head Nurse (12 Months) at the Ann Klein
Forensic Center, Department of Human Services, represented
by Robert Haws, Esq., appeals the denial of sick leave
injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-8 MAGGIE MILES
Maggie Miles, a Cottage Training Technician at Woodbine
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-9 MARY O'MALLEY
Mary O'Malley, a Secretarial Assistant 2 with the Department
of Environmental Protection, represented by John Seiler,
Staff Representative, CWA Local 1034, appeals the denial of
sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-10 JANICE PETERS
Janice Peters, a Cottage Training Technician with Woodbridge
Developmental Center, Department of Human Services, appeals
the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-11 BRET J. REBURN
Bret J. Reburn, a Principal Environmental Specialist (Waste
Management) with the Department of Environmental Protection,
appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be granted.
B-12 BARBARA SMITH
Barbara Smith, a District Office Manager 2, Medical
Assistance and Health Services, with the 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-13 MICHAEL VALVANO
Michael Valvano, a former Visitor Service Assistant with the
Department of Environmental Protection, appeals the denial
of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-14 GLORIA KLITZ
Gloria Klitz, a Cottage Training Technician with New Lisbon
Developmental Center, Department of Human Services, alleges
that she is being discriminated against based on her
race/ethnicity (Hispanic).
ACTION: The Merit System Board directed that this appeal
be denied.
B-15 SOLIMAN YOUSSEF
Soliman Youssef, an Auditor 1 with the Department of Health
and Senior Services, represented by John Seiler, Staff
Representative, Communications Workers of America, Local
1034, requests the Merit System Board's review of an
unsatisfactory Performance Assessment Review (PAR) rating
for the period October 1, 1997 through September 30, 1998.
Appellant also appeals the decision of the Commissioner of
the Department of Health and Senior Services, which found
that appellant failed to present sufficient evidence to
support a finding of probable cause that he had been
discriminated against based on his age or creed. These
matters were held over from the July 25, 2000 Board meeting.
ACTION: The Merit System Board directed that these appeals
be denied.
B-16 JOSEPH BAHUN
Joseph Bahun, represented by Patrick J. Richardson, Esq.,
appeals the determination of Human Resource Information
Services which restored his name to the eligible list for
Plumbing Subcode Official (M9086O), City of Hoboken for
future certifications only.
ACTION: The Merit System Board directed that this appeal
be granted.
B-17 SHERREE K. CULVERT
Sherree K. Culvert, a Correction Sergeant at Riverfront
State Prison, Department of Corrections, represented by
Kendall J. Collins, Esq., appeals her bypass on the
certification for Correction Lieutenant (PS6320I).
ACTION: The Merit System Board directed that this matter
be held over.
B-18 HARRY DAHLMAN, ET AL.
The New Jersey Law Enforcement Supervisors Association,
represented by Robert B. Reed, Esq., on behalf of Correction
Sergeants Harry Dahlman, Robert Zimmer and James Wengert
with the Department of Corrections, appeal the removal of
their names from the list for Correction Lieutenant
(PS6320I) based on their unsatisfactory employment records.
ACTION: The Merit System Board directed that these matters
be held over.
B-19 LUTHER G. DAUGHERTY
Luther G. Daugherty, a Correction Sergeant at Bayside State
Prison, Department of Corrections, represented by Mario A.
Iavicoli, Esq., appeals the decision of Selection Services
which found that he was properly bypassed on the
certification for Correction Lieutenant (PS6320I) based on
an unsatisfactory employment record.
ACTION: The Merit System Board directed that this matter
be held over.
B-20 HOPE EZE
Hope Eze appeals the request of the Department of the
Treasury appointing authority to remove her name from the
Investigator Trainee, Taxation (S6210A) eligible list based
on a claimed inability to communicate effectively in English
in order to perform the duties of the position.
ACTION: The Merit System Board granted a hearing.
B-21 FRANK R. JACKSON
Frank R. Jackson, a Correction Sergeant at New Jersey State
Prison, Department of Corrections (DOC), represented by John
H. Rittley, Esq., appeals the decision of Selection Services
which found that he was properly removed from the list for
Correction Lieutenant (PS6320I) based on an unsatisfactory
employment record.
ACTION: The Merit System Board directed that this matter
be held over.
B-22 GARY R. KERN, ET AL.
The New Jersey Law Enforcement Supervisors Association
(NJLESA), represented by Robert B. Reed., Esq., on behalf of
Correction Sergeants Gary R. Kern, Antonio C. Campos, Larry
W. Cole and Robert M. Rupp with the Department of
Corrections, appeals the bypasses of the above Sergeant's
names from the certification for Correction Lieutenant
(PS6320I).
ACTION: The Merit System Board directed that these matters
be held over.
B-23 ROBERT J. MOONEY
The Department of Corrections appeals the decision of Human
Resource Information Services restoring Robert J. Mooney's
name to the Correction Officer Recruit (S9999V) eligible
list.
ACTION: The Merit System Board granted the appeal and
ordered that Robert J. Mooney's name be removed
from the eligible list.
B-24 CARLA STIVES
Carla Stives appeals the decision of Human Resource
Information Services (HRIS) which found that the appointing
authority had presented a sufficient basis to remove her
name from the eligible list for Parole Officer Recruit
(S1405S), Department of Corrections because she possessed an
unsatisfactory driving record.
ACTION: The Merit System Board directed that this appeal
be denied.
B-25 DAVID TRAINA
David Traina, represented by John J. Segreto, Esq., appeals
the decision of Placement Services which found that the City
of Newark had presented a sufficient basis to remove the
appellant's name from the Police Officer (M3394Y), City of
Newark eligible list due to an unsatisfactory driving
record. This matter was held over from the August 29, 2000
Board meeting for lack of quorum.
ACTION: The Merit System Board directed that this appeal
be denied.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Leo Vartan (Yes)
B-26 SWAPNA DAS
Swapna Das seeks enforcement of the Merit System Board
decision rendered on October 13, 1999 which acknowledged a
settlement agreement resolving all disputes which stemmed
from the removal of her name from the eligible list for
Environmental Specialist (S6039O), Department of
Environmental Protection.
ACTION: The Merit System Board denied the request.
B-27 LINDA SUMTER
Linda Sumter, a Cottage Training Supervisor with North
Jersey Developmental Center, Department of Human Services,
represented by Judiann Chartier, Esq., requests enforcement
of that part of the Merit System Board decision rendered on
June 2, 1998, granting her counsel fees.
ACTION: The Merit System Board granted the request in part
and ordered the appointing authority to pay the
appellant $9,319.36 in counsel fees.
B-28 ACCOUNT CLERK (C7186W & C0082O), PASSAIC COUNTY
The appointing authority's failure to properly dispose of
the certification for Account Clerk while a provisional
appointee is serving in the title has been referred to the
Merit System Board for enforcement.
ACTION: The Merit System Board directed that the eligible
lists (C7186W and C0082O), be revived and ordered
the appointing authority to remove the provisional
appointee, make an appointment from the
certification and pay compliance costs.
B-29 ASSISTANT DIRECTOR, COMMUNITY DEVELOPMENT PROGRAM (M0753W),
TOWNSHIP OF IRVINGTON
The appointing authority requests permission not to make an
appointment from the certification for Assistant Director,
Community Development Program (M0753W), Township of
Irvington.
ACTION: The Merit System Board granted the request for
appointment waiver, but assessed partial costs.
B-30 PARKING METER COLLECTOR (M6771A), CITY OF NEWARK
The appointing authority's failure to properly dispose of
the certification for Parking Meter Collector while
provisional appointees are serving in the title has been
referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing
authority to remove the provisional appointee,
make an appointment from the certification and pay
compliance costs.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Leo Vartan (Yes)
B-31 PRINCIPAL CLERK TYPIST (PM0244A), PASSAIC VALLEY WATER
COMMISSION
The appointing authority's failure to properly dispose of
the certification for Principal Clerk Typist while a
provisional appointee is serving in the title has been
referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing
authority to remove the provisional appointee,
make an appointment from the certification and pay
compliance costs.
B-32 WILLIAM BRENNAN
William Brennan, a Fire Fighter with the Township of
Teaneck, petitions the Merit System Board (Board) for
interim relief and reconsideration of the final
administrative decision, rendered on May 23, 2000, which
found that Mr. Brennan had not established a prima facie
case of reprisal.
ACTION: The Merit System Board directed that this appeal
be denied.
B-33 JUAN GONZALEZ
Juan Gonzalez, a Police Officer with the City of Newark,
represented by Clarence Faines, III, Esq., petitions the
Merit System Board to reconsider the final decision denying
a hearing on his eight-day suspension beginning September
23, 1998, on charges, based on his failure to timely file an
appeal.
ACTION: The Merit System Board directed that this appeal
be denied.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Leo Vartan (Yes)
B-34 EUGENE O'BRIEN
Eugene O'Brien, an Administrative Analyst with the Ocean
County Board of Health, petitions the Merit System Board to
reconsider the final decision denying a hearing on his
removal effective July 31, 1998 on charges, based on his
failure to timely file an appeal.
ACTION: The Merit System Board granted the request for
reconsideration and directed that the matter be
transmitted to the Office of Administrative Law.
B-35 GEORGE POLLOCK
George Pollock, a General Supervisor, Building Services,
Atlantic County Department of Public Works, petitions the
Merit System Board for reconsideration of the decision of
March 30, 2000, which denied his request for a hearing in
regard to his removal, effective September 21, 1999.
ACTION: The Merit System Board granted the request for
reconsideration and directed that the matter be
transmitted to the Office of Administrative Law.
B-36 PETER G. VINCENT
Peter G. Vincent, a Cottage Training Technician with the
Department of Human Services, petitions the Merit System
Board (Board) for reconsideration of its final
administrative decision rendered on April 18, 2000, in which
the Board dismissed the appellant's appeal of his
resignation not in good standing, without prejudice for his
failure to appear at the scheduled settlement conference on
January 27, 2000.
ACTION: The Merit System Board denied the request.
B-37 BEVERLY KEARNEY
The Superior Court, Appellate Division, has remanded the
decision of the Merit System Board (Board) in In the Matter
of Beverly Kearney (MSB, decided April 8, 1999), remanded,
Docket No. A-5116-98T5 (App. Div. Aug. 26, 1999), to allow
the Board to consider Kearney's guilty plea to criminal
charges and make a determination as to whether appellant is
entitled to back pay.
ACTION: The Merit System Board affirmed the Board's prior
decision of April 8, 1999.
B-38 HARRY BOGER
The appeal of Harry Boger, a Police Lieutenant with the City
of Newark Police Department, of his two-day suspension 10-
day suspension and written reprimand on charges, was heard
by Administrative Law Judge Michael L. Ravin (ALJ), who
rendered his initial decision on June 20, 2000. At is
meeting on August 8, 2000, the Board adopted that ALJ's
recommendation to reverse the 10-day suspension and uphold
the written reprimand but did not adopt the ALJ's
recommendation to modify the two-day suspension to a 12-day
suspension. Rather, the Board modified the two-day
suspension to a six-day suspension. The proposed final
decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-39 ROBERT FUNDERBURK
The appeal of Robert Funderburk, a Senior Correction Officer
at New Jersey State Prison, Department of Corrections, of
his 15-day suspension on charges, was heard by
Administrative Law Judge Steven C. Reback (ALJ), who
rendered his initial decision on June 30, 2000, reversing
the suspension. At its meeting on August 8, 2000, the Board
adopted the ALJ's recommendation. However, the Board found
it necessary to clarify a portion of the ALJ's decision.
The proposed final decision is now submitted for the Board's
review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Leo Vartan (Yes)
B-40 DAVID LONG
The appeal of David Long, an Auditor 2 with the Department
of Labor, of his removal effective January 17, 1997 on
charges, was heard by Administrative Law Judge Irene Jones
(ALJ), who rendered her initial decision on June 21, 2000.
At its meeting on August 8, 2000, the Board did not adopt
the ALJ's recommendation to modify the removal to a six-
month suspension and a demotion to Auditor 3. 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)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Leo Vartan (Yes)
B-41 MICHAEL C. MAIORINO
The appeal of Michael C. Maiorino, an Institutional Trade
Instructor 1 (Industrial Finishing) at East Jersey State
Prison, Department of Corrections, of his removal effective
November 4, 1998 on charges, was heard by Administrative Law
Judge Mumtaz Bari-Brown (ALJ), who rendered her initial
decision on June 26, 2000. At its meeting on August 8,
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 Boards' review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Leo Vartan (Yes)
B-42 SHERMAN MCCRAY
The appeal of Sherman McCray, a County Correction Officer
with the Burlington County Jail, Burlington County, of his
10-day suspension on charges, was heard by Administrative
Law Judge Kathryn A. Clark (ALJ), who rendered her initial
decision on June 28, 2000, reversing the suspension. At its
meeting on August 8, 2000, the Board ordered that the matter
be remanded to the Office of Administrative Law. The
proposed decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Leo Vartan (Yes)
B-43 JACQUELINE WOOTEN-ROSE
The appeal of Jacqueline Wooten-Rose, a Family Service
Specialist 3 with the Division of Youth and Family Services,
Department of Human Services, of her resignation not in good
standing effective June 13, 1997 on charges, was heard by
Administrative Law Judge Richard McGill (ALJ), who rendered
his initial decision on May 11, 2000. At its meeting on
August 8, 2000, the Board did not adopt the ALJ's
recommendation to uphold the resignation not in good
standing. Rather, the Board determined that the resignation
not in good standing be reversed. The proposed final
decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Leo Vartan (Yes)
B-44 JOHN GAMBA
The appeal of John Gamba, Fire Chief with the City of Orange
Fire Department, of his removal effective December 4, 1990
on charges was heard by Administrative Law Judge Barbara A.
Harned (ALJ), who rendered her initial decision on May 19,
2000, reversing the removal. This matter was originally
before ALJ Edith Klinger who issued an initial decision on
August 28, 1997. On October 21, 1997, the Merit System
Board (Board) ordered that the matter be remanded to the
Office of Administrative Law for further proceedings.
Subsequently, ALJ Klinger recused herself from the matter
and it was reassigned to ALJ Harned. At its meeting on
August 8, 2000, the Board affirmed ALJ Harned's
recommendation. The proposed final decision is now
submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Leo Vartan (Yes)
B-45 LORI GHAVAMI
A copy of a Notice of Appeal filed by the City of Newark,
represented by Lenora E. Marshall, Assistant Corporation
Counsel, in In the Matter of Lori Ghavami was received by
the Merit System Board on or about July 25, 2000. This
decision will amplify, pursuant to R. 2:5-1(b), the decision
rendered in this matter on May 23, 2000.
ACTION: The Merit System Board adopted the amplification
of the prior decision.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Leo Vartan (Yes)
B-46 PATRICIA HAGERTY-CAREY
Patricia Hagerty-Carey, Supervising Program Development
Specialist, represented by CWA Local 1034, appeals the
determination of her PAR grievance by the Department of
Health and Senior Services.
ACTION: The Merit System Board directed that this appeal
be denied.
B-47 JOHN C. UNGER
John C. Unger, Health Data Specialist 2, represented by CWA
Local 1034, appeals the determination of his PAR grievance
by the Department of Health and Senior Services.
ACTION: The Merit System Board directed that this appeal
be denied.
B-48 BRUCE ALLEN
Bruce Allen appeals the determination of the Division of
Selection Services which found that he did not meet the
experience requirements for the promotional examination for
Sheriff's Officer Sergeant/Training Officer (PC0707W),
Middlesex County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-49 KELLY D. DENKOVIC AND MICHAEL DILELLA
Kelly D. Denkovic and Michael DiLella appeal the
determination of the Division of Selection Services, which
found that they did not meet the experience requirements for
the promotional examination for Program Assistant, Division
of Developmentally Disabled (PS9307K), Greenbrook Regional
Center.
ACTION: The Merit System Board directed that these appeals
be granted.
B-50 JAMES D. DIZZLEY, ET AL.
James D. Dizzley, Raymond Kennedy, and Shawn Taylor 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 Public
Safety Telecommunicator, State Prison (S0269O).
ACTION: The Merit System Board directed that these appeals
be denied.
B-51 BRIDGETTE M. DUBOIS
Bridgette M. Dubois 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 Public Safety Telecommunicator (M0675W),
City of Newark.
ACTION: The Merit System Board directed that this appeal
be denied.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Leo Vartan (Yes)
B-52 LINDA FALCONE
Linda Falcone appeals her ineligibility for the promotional
examination for Unemployment Insurance Clerk (PS6865N)
Department of Labor.
ACTION: The Merit System Board directed that this appeal
be denied.
B-53 RAJENDRA GANDHI
Rajendra Gandhi appeals the determination of the Division of
Selection Services, which found that he did not provide
evaluated foreign transcripts for the open competitive
examinations for Assistant Environmental Engineer (Air
Pollution Control) (S6224A), Assistant Environmental
Engineer (S6223A), and Senior Chemist Water Analysis
(C6666A), Passaic County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-54 FATAN HAFEZ AND SAMUEL MATHEW
Fatan Hafez and Samuel Mathew appeal the determination of
the Division of Selection Services, which found that they
failed to provide evaluated foreign transcripts for the open
competitive examination for Accountant 3 (S6221A). Faten
Hafez also appeals the determination of the Division of
Selection Services, which found that she did not provide an
evaluated foreign transcript for the open competitive
examination for Auditor Accountant Trainee (S6174A).
ACTION: The Merit System Board directed that these appeals
be denied.
B-55 CHARLES A. HARDEN
Charles A. Harden appeals the determination of the Division
of Selection Services, which found that he did not meet the
experience requirements for the promotional examination for
Mechanic (PC0551A), Monmouth County.
ACTION: The Merit System Board directed that this appeal
be granted.
B-56 CYNTHIA M. LEWIS-CARROLL
Cynthia M. Lewis-Carroll appeals the determination of the
Division of Selection Services, which found that per the
substitution clause for education, she did not meet the
experience requirements for the promotional examination for
Administrative Assistant 3 (PS8346P), Division on Civil
Rights.
ACTION: The Merit System Board directed that this appeal
be granted.
B-57 DONELLA LYLES
Donella Lyles 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 Payroll Supervisor (M0590O) Asbury Park City.
ACTION: The Merit System Board directed that this appeal
be denied.
B-58 GEORGE MACHNO
George Machno appeals the determination of the Division of
Selection Services which found that he did not meet the
experience requirements for the promotional examination for
Management Specialist (PC0060A), Hudson County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-59 THELMA L. MYERS
Thelma L. Myers appeals the determination of the Division of
Selection Services, which found that she did not meet the
experience requirements for the promotional examination for
Personnel Aide 1 (PS7762K), Vineland Developmental Center.
ACTION: The Merit System Board directed that this appeal
be granted.
B-60 SAUNDRA M. NICHOLS
Saundra M. Nichols appeals the determination of the Division
of Selection Services, which found that per the substitution
clause for education, she did not meet the experience
requirements for the promotional examination for Technician,
Management Information Systems (PS7009N), Department of
Labor.
ACTION: The Merit System Board directed that this appeal
be granted.
B-61 DORIAN ODOM FRAZIER AND NORMA GARCIA
Dorian Odom Frazier and Norma Garcia appeal the
determination of the Division of Human Resource Management,
which found that they were ineligible for the promotional
examination for School Clerk (PM2420A), Newark School
District.
ACTION: The Merit System Board directed that these appeals
be denied.
B-62 TARA C. OLSON
Tara C. Olson appeals the determination of the Division of
Selection Services, which found that she was below the
minimum requirements in experience for the open competitive
examination for Speech/Hearing Specialist 1 (S6245A).
ACTION: The Merit System Board directed that this appeal
be granted.
B-63 JYOTSNA PATEL AND BELA MANKAD
Jyotsna Patel and Bela Mankad appeal the determination of
the Division of Selection Services, which found them to be
ineligible for failing to provide evaluated foreign
transcripts for the open competitive examination for
Microbiologist Trainee (S6231A).
ACTION: The Merit System Board directed that these appeals
be denied.
B-64 JENNY PEREZ
Jenny Perez 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 Income Maintenance Technician (C1054A), Bergen County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-65 PATRICIA A. SCHWEGEL
Patricia A. Schwegel appeals the determination of the
Division of Selection Services, which found that she did not
meet the experience requirements for the promotional
examination for Personnel Aide 1 (PS7762K), Vineland
Developmental Center.
ACTION: The Merit System Board directed that this appeal
be granted.
B-66 MACK M. SELBY
Mack M. Selby appeals the determination of the Division of
Selection Services which found that he was below the minimum
requirements in education and experience for the promotional
examination for Assistant Food Service Supervisor 1
(PS8696I), South Woods State Prison, Department of
Corrections.
ACTION: The Merit System Board directed that this appeal
be denied.
B-67 KOSHY THOMAS
Koshy Thomas appeals the determination of the Division of
Selection Services, which found that he did not provide an
evaluation of his foreign transcript and lacked the required
experience for the open competitive examination for
Executive Assistant (M6676A), Irvington Township.
ACTION: The Merit System Board directed that this appeal
be denied.
B-68 TRINA M. LUCAS
Trina M. Lucas appeals the determination of the Division of
Human Resource Management which found that she was not
permanent in the competitive division as of the closing date
for the promotional examination for Principal Clerk Typist
(PM4540V), Newark School District.
ACTION: The Merit System Board directed that this appeal
be denied.
B-69 SHARON ABBEY, ET AL.
Sharon Abbey, John Kersey, Leslie Opdenaker and Walter
Sakala appeal their scores on the promotional examination
for Financial Examiner 1 (PS55601), Banking and Insurance.
ACTION: The Merit System Board directed that these appeals
be denied.
B-70 SABRINA CASTANON, ET AL.
Sabrina Castanon, Jeanne F. Cuseglio, Yolanda M. Duenas,
Deborah L. Ison, Rosalie Schaffer, and Mari S. Tirado appeal
the determination of the Division of Selection Services
which found that they failed to achieve a passing score on
the promotional examination for Unemployment Insurance Clerk
(PS6865N), Department of Labor.
ACTION: The Merit System Board directed that these appeals
be denied.
B-71 TERRANCE CROWLEY
Terrance Crowley appeals his score on the examination for
Police Sergeant (PM2528A), Jersey City.
ACTION: The Merit System Board directed that this appeal
be denied.
B-72 CARLOS ESPADA
Carlos Espada appeals his score on the examination for
Parole Officer Recruit Bilingual in Spanish and English
(S2002A), Department of Corrections.
ACTION: The Merit System Board directed that this appeal
be denied.
B-73 THOMAS HANNENBERG
Thomas Hannenberg, represented by Joseph Priory, Esq.,
appeals his seniority score for the examination for
Battalion Fire Chief (PM1079U), Paterson.
ACTION: The Merit System Board directed that this appeal
be denied.
B-74 DOMINICK MARINO
Dominick Marino petitions the Merit System Board for
reconsideration of the decision rendered on November 9, 1999
which denied his appeal regarding his score on the oral
portion of the promotional examination for Fire Captain
(PM3631V), Asbury Park City.
ACTION: The Merit System Board denied the request.
B-75 LUSSELENIA PEREZ
Lusselenia Perez appeals the results of the written
promotional examination for Unemployment Insurance Clerk
(PS6865N), Department of Labor.
ACTION: The Merit System Board directed that this appeal
be denied.
B-76 BARBARA E. WORTHINGTON
Barbara E. Worthington appeals her score on the promotional
examination for Senior Buyer (PS5513P), Division of State
Police, Department of Law and Public Safety.
ACTION: The Merit System Board directed that this appeal
be denied.
B-77 ANTHONY KERR
Anthony Kerr appeals the administration of the promotional
examination for Police Lieutenant (PM2599A), Newark.
ACTION: The Merit System Board directed that this appeal
be denied.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Leo Vartan (Yes)
B-78 EUGENE OTTO
Eugene Otto appeals the administration of the promotional
examination for Police Sergeant (PM2566A), Irvington.
ACTION: The Merit System Board directed that this appeal
be denied.
B-79 JOSE RODRIGUEZ
Jose Rodriguez appeals the administration of the promotional
examination for Police Sergeant (PM0948W), Elizabeth.
ACTION: The Merit System Board directed that this appeal
be denied.
B-80 AYESHA BEGUM
Ayesha Begum appeals the administration of the promotional
examination for Unemployment Insurance Clerk (PS6865N),
Department of Labor.
ACTION: The Merit System Board directed that this appeal
be denied.
B-81 GUNNER SCHEHR
Gunner Schehr 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-82 MATTHEW MCNULTY
Matthew McNulty requests a make-up for the written portion
of the Fire Fighter (M9999A) open-competitive examination.
ACTION: The Merit System Board directed that this appeal
be denied.
B-83 RHODA THOMAS
Rhoda Thomas appeals the validity of the examination for
Police Sergeant (PM2517A), Camden City.
ACTION: The Merit System Board directed that this appeal
be denied.
B-84 GERARD MARINELLI
Gerard Marinelli appeals the decision of the Division of
Selection Services concerning the correct answers to
specific questions on the promotional examination for
Sheriff's Officer Sergeant (PC2504B), Morris County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-85 CHARLES PLUMERI
Charles Plumeri, a Manager 1, Department of Personnel (CSC),
requests reconsideration of the Merit System Board decision
denying his claim that he is entitled to special
reemployment rights following layoffs effective at the close
of business, June 26, 1996.
ACTION: The Merit System Board denied the request for
reconsideration.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Leo Vartan (Yes)
B-86 MARGOT ANTONELLI, ET AL.
Margot Antonelli, Nicholas Coppolecchia, Peter Knoll, Sean
Silva, Jeffrey Varon and David Zajack appeal the
determinations of the Division of Selection Services that
they did not file applications for the Entry Level Law
Enforcement (S9999B) examination.
ACTION: The Merit System Board directed that these appeals
be denied.
B-87 STEVE SCHULER
The Department of the Treasury requests a relaxation of
N.J.A.C. 4A:4-7.8(b) to allow Mr. Steve Schuler's permanent
appointment following voluntary demotion from the title of
Senior Stock Clerk to the unrelated title of Senior Postal
Clerk.
ACTION: The Merit System Board granted the request.
B-88 JEROME WLODARCZYK
Jerome Wlodarczyk petitions the Merit System Board for
reconsideration of its decision rendered on October 26, 1999
in which his request for admittance to the examination for
Hazardous Site Mitigation Specialist 4 (S6116O) was denied.
ACTION: The Merit System Board directed that this appeal
be denied.
B-89 SALARY REGULATIONS, SUPPLEMENT 2: FY 2001
It is recommended that the Board record the Salary
Regulations, Supplement 2, for Fiscal Year 2001.
ACTION: The Merit System Board recorded the salary
regulations.
B-90 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of August 8,
2000 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its
meeting of August 8, 2000.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Leo Vartan (Yes)
B-91 CARLOS PACHECO
The appeal of Carlos Pacheco, a Senior Correction Officer at
Garden State Reception and Youth Correctional Facility,
Department of Corrections, of his 30-day suspension on
charges, was heard by Administrative Law Judge Steven C.
Reback (ALJ), who rendered his initial decision on April 27,
2000, reversing the suspension. At its meeting on August 8,
2000, the Board adopted the ALJ's recommendation. However,
the Board found it necessary to clarify a portion of the
ALJ's decision. The proposed final decision is now
submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Leo Vartan (Yes)
B-92 OBIANUJU OKOSA
The appeal of Obianuju Okosa, an Income Maintenance Worker
with the Department of Human Services, Union County, of her
removal effective February 17, 1999 on charges, was heard by
Administrative Law Judge Maria Mancini LaFiandra, who
rendered her initial decision on July 20, 2000, modifying
the removal to a six-month suspension. At its meeting of
August 29, 2000, the Board modified the suspension to three
months. The proposed final decision is now submitted for
the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Abstained)
Leo Vartan (Yes)
B-93 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of August 29,
2000 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its
meeting August 29, 2000.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Abstained)
Leo Vartan (Yes)
There being no further business before the Merit System
Board, the meeting was adjourned to convene on Tuesday, September
26, 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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