State of New Jersey, Civil Service Commission
Governor Chris Christie • Lt.Governor Kim Guadagno
 
 
Janice Mitchell Mintz, Chairwoman
Alan Dexter Bowman
Judith L. Shaw
Leo Vartan


A regular meeting of the Merit System Board was held on
Tuesday, October 24, 2000, in Trenton, New Jersey.

PRESENT: Chairwoman Janice Mitchell Mintz, Merit System Board
Members, Alan Dexter Bowman, Judith L. Shaw and Leo Vartan;
Andrea Grundfest, Deputy Attorney General; and Henry Maurer,
Director, Division of Merit System Practices and Labor Relations.

In accordance with L.1975, c.231, Chairwoman Janice Mitchell
Mintz, 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 actions were by unanimous vote unless otherwise
specified.

WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the hearing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

Richard Sittineri, Crash Crew Chief, County of Cape May, layoff.

Albert Waddington, County Correction Officer, County of Camden,
suspension.

DISMISSAL OF APPEALS - FAILURE TO APPEAR

The Merit System Board dismissed the following cases without
prejudice for failure to appear at the scheduled hearing before
the Office of Administrative Law:

Arthur Dorn, Laborer, City of Atlantic City Municipal Utilities
Authority, suspension.

Doreen Griffin, Clerk Transcriber, Department of Environmental
Protection, release at the end of the working test period.

Jonathan Moore, Building Maintenance Worker, Housing Authority of
the City of Newark, suspension.

Susan Santiago, Human Services Assistant, Department of Human
Services, Vineland Developmental Center, release at the end of
the working test period.

Theresa Smart, Social Caseworker, City of Newark, removal.

Anthony Wilson, County Correction Officer, County of Camden,
release at the end of the working test period.

Michelle Zuczek, Principal Audit Account Clerk, Department of the
Treasury, removal.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Joseph Casey
Mount Laurel Township
Municipal Utilities Authority
Suspension

In the Matter of Leon A. Clark, Jr.
Office of Information Technology
Department of the Treasury
Suspension

In the Matter of Lawrence Davis
UI Operations
Department of Labor
Resignation not in good standing

In the Matter of Robert Davis
East Jersey State Prison
Department of Corrections
Removal

In the Matter of Jed Emont
Division of Youth and Family Services
Department of Human Services
Removal

In the Matter of Jozanne G. LoBracio
Commission for the Blind and Visually Impaired
Department of Human Services
Removal

In the Matter of Gilbert Martinez
New Lisbon Development Center
Department of Human Services
Suspension

In the Matter of Andrew D. Roos
County of Warren
Detention Department
Removal


In the Matter of Louis Wilson
City of Newark
Department of Neighborhood Services
Suspension

RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE
CASES - SETTLEMENT


ACTION: The Merit System Board acknowledged the
settlements, with the exception of Robert Davis
and Louis Wilson, which were held over.

A-2 KAREN BARKER

Karen Barker, Housing Manager, Atlantic City Housing
Authority, suspension for six days, on charges of
insubordination and neglect of duty.

Recommendation of the Administrative Law Judge - Uphold the
six-day suspension.

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

A-3 JOSEPH BELLINO

Joseph Bellino, County Correction Captain, County of Hudson,
Department of Corrections, suspension for 30 days, on
charges of conduct unbecoming a public employee and
discrimination that affects equal opportunity.

Recommendation of the Administrative Law Judge - Reverse the
30-day suspension.

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

A-4 MICHAEL BOYETTE (REMAND)

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

Recommendation of the Administrative Law Judge - Reverse the
20-day suspension.

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

A-5 PHILLIP DAVIS, SR.

Phillip Davis, Sr., Senior Correction Officer, Garden State
Reception and Youth Correctional Facility, Department of
Corrections, removal effective September 28, 1999, on
charges of attendance, personal conduct, and conduct
unbecoming an employee.

Recommendation of the Administrative Law Judge - Modify
removal to a six-month suspension.

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

A-6 MICHAEL A. DEROGATIS

Michael A. DeRogatis, Police Officer, City of Jersey City,
Police Department, removal effective May 19, 1995, on
charges of performance, incapacity to discharge one's duty
due to mental or physical disability, general causes.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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

A-7 JOHN FORMISANO AND TYRONE MORTON

John Formisano and Tyrone Morton, Police Officers, City of
Newark, Police Department, suspensions for 35 days, on
charges of care of property and neglect of duty.

Recommendation of the Administrative Law Judge - Reverse the
35-day suspensions.

ACTION: The Merit System Board modified the recommendation
of the Administrative Law Judge to a five-day
suspension.

VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

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 modified the recommendation
of the Administrative Law Judge to uphold the 15-
day suspension only.

VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

A-9 DARRYL MARTIN

Darryl Martin, County Correction Officer, County of
Monmouth, Sheriff's Department, removal effective February
17, 1998, on charges of violation of substance abuse policy
and conduct unbecoming an employee in public service.

Recommendation of the Administrative Law Judge - Reverse the
removal.

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

A-10 BRUCE E. MATTHEWS

Bruce E. Matthews, Senior Correction Officer, New Jersey
State Prison, Department of Corrections, suspension for 10
days, on charges of violation of safety and security
precautions.

Recommendation of the Administrative Law Judge - Reverse the
10-day suspension and reimbursement of back pay.

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

A-11 KELLIEJEANNE ROSTIEN

Kelliejeanne Rostien, Emergency Medical Technician, City of
Vineland, Health Department, release at the end of the
working test period effective September 20, 1999.

Recommendation of the Administrative Law Judge - Uphold the
release at the end of the working test period.

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

A-12 PAUL LAMIN - SETTLEMENT

Paul Lamin, Laborer, City of Trenton, Department of Public
Works, initial removal effective July 28, 1999, on charges
of inability to perform duties. Settled to reinstatement of
appellant.

ACTION: The Merit System Board acknowledged the
VOTE:settlement.

SECTION B - MISCELLANEOUS MATTERS

B-1 ALFRED KAISER

Alfred Kaiser, represented by Larry S. Loigman, Esq.,
appeals his rejection as a County Correction Officer
candidate by the County of Monmouth and its request to
remove his name from the subject eligible list on the basis
of psychological unfitness to perform effectively the duties
of the position.

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

B-2 DAVID C. JOHNSON

David C. Johnson, an Equipment Operator with the Department
of Transportation, appeals the denial of sick leave injury
(SLI) benefits.

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

B-3 LORETTA JONES

Loretta Jones, a Human Services Assistant 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 granted.

B-4 CARMEN L. PASTOR

Carmen L. Pastor, a Senior Food Service Handler 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-5 GREGORY CANFIELD

Gregory Canfield, a Head Nurse at Hunterdon Developmental
Center, Department of Human Services (DHS), appeals the
determination by the Assistant Commissioner for Human
Resources at the DHS, which found there was insufficient
evidence to support a finding of probable cause that he had
been discriminated against based on his sex or his
disability.

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

B-6 ROBERT FRANKLIN

Robert Franklin, a Senior Correction Officer at Riverfront
State Prison, Department of Corrections (DOC), represented
by Stephen J. Moschini, Esq., appeals the determination of
the Director, Equal Employment Division, with the DOC,
stating that appellant failed to present sufficient evidence
to support a finding of probable cause that he had been
subject to retaliation or discriminated against based on his
race.

ACTION: The Merit System Board granted a hearing.

B-7 JOHN MIDDAUGH

John Middaugh, a County Correction Sergeant with the Morris
County Sheriff's Office, represented by Michael M.
Rubbinaccio, Esq., petitions the Merit System Board for
interim relief with regard to his immediate suspension,
effective August 14, 2000 on charges.

ACTION: The Merit System Board denied the request.

B-8 KEVIN CREAMER

The Department of Corrections (DOC) appeals the decision of
Human Resource Information Services (HRIS) which found that
it did not present a sufficient basis to remove Kevin
Creamer's name from the eligible list for Correction Officer
Recruit (S9999W), DOC on the basis of an unsatisfactory
driving record.

ACTION: The Merit System Board directed that this appeal
be granted and ordered that Kevin Creamer's name
be removed from the eligible list.

B-9 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, appeals the removal of
their names from the list for Correction Lieutenant
(PS6310I) based on their unsatisfactory employment records.
It is noted that this matter was held over from the Board's
October 11, 2000 meeting.

ACTION: The Merit System Board denied the appeals of Harry
Dahlman and Robert Zimmer but restored James
Wengert's name to the list and ordered that the
certification be reissued.

B-10 EDWARD P. KELLY

Edward P. Kelly, represented by Larry S. Loigman, Esq.,
appeals the removal of the appellant's name from the Police
Officer (S9999V) eligible list for Holmdel Township due to a
failure to appear for preemployment processing.

ACTION: The Merit System Board restored Edward P. Kelly's
name to the eligible list, but reflected on the
July 31, 1997 certification as bypassed.

B-11 COMMUNITY SERVICE AIDE (M6523W), CITY OF EAST ORANGE

The appointing authority requests permission not to make an
appointment from the certification for Community Service
Aide (M6523W), City of East Orange.

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

B-12 GRAPHIC ARTIST 1 (M6623A), VINELAND CITY SCHOOL DISTRICT

The appointing authority requests permission not to make an
appointment from the certification for Graphic Artist 1
(M6623A), Vineland City School District.

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

B-13 WILLIAM MALOSKY

William Malosky, a Correction Lieutenant at Albert C. Wagner
Youth Correctional Facility (ACWYCF), Department of
Corrections, represented by Mario A. Iavicoli, Esq., appeals
his reassignment from the Thomas M. Cooper Training Academy
to ACWYCF.

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

B-14 ROBERT ANDERSON, III

Robert Anderson, III appeals the determination of the
Division of Selection Services which found that he did not
meet the experience requirements for the open competitive
examination for Head Cook 3 (S0150B), Bayside Southern State
Prison.

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

B-15 JOAN BAILEY

Joan Bailey 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 Executive
Assistant (PM1401W), Jersey City.

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

B-16 DEBORAH BEASLEY

Deborah Beasley appeals the determination by the Division of
Selection Services, which found her ineligible for the
promotional examination for Assistant Purchasing Agent
(PM0349A), Camden City.

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

B-17 ANGELA BORRELLI

Angela Borrelli 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 Field Service Representative Housing (Housing Assistance
Program ), (S0512B).

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

B-18 BARBARA A. CARTER

Barbara A. Carter appeals the determination of the Division
of Selection Services which found that per the substitution
clause for education, she was below the minimum requirements
in experience for the promotional examination for
Administrative Analyst 3 (PS7158K), Division of Youth and
Family Services.

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

B-19 DAVID J. COLLINS

David J. Collins appeals the determination of the Division
of Selection Services, which found that he did not meet the
experience requirement for the promotional examination for
the dual title of Supervising Pumping Station
Operator/Supervisor, Sewer Maintenance (PC4462V), Bergen
County Utilities Authority.

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

B-20 JASMINA DESAI, ET AL.

Jasmina Desai, Dwight Ross, and William Weisgarber, Jr.,
appeal the determination of the Division of Selection
Services, which found that they did not meet the education
requirements for the open competitive examination for
Auditor Accountant Trainee (S6254A).

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

B-21 JASMINA DESAI

Jasmina Desai appeals the determination of the Division of
Selection Services, which found that she did not meet the
experience requirements for the open competitive
examinations for Financial Examiner 3 (S6191A and S6266A)
and Financial Examiner 4 (S6192A and S6267A).

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

B-22 MARIN DIAZ

Marin Diaz appeals the determination of the Division of
Selection Services which found that he did not meet the
experience requirements for the open competitive
examinations for Family Service Specialist 3 (S066O) and
Family Service Specialist 3 (Bilingual in Spanish and
English) (S0067O).

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

B-23 MARK L. DIDOMENICO

Mark L. DiDomenico appeals the determination of the Division
of Selection Services which found that he did not meet the
minimum requirements for the promotional examination for
General Supervisor Mosquito Extermination (PC2329A), Essex
County.

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

B-24 JOANN T. DIEHL

Joann T. Diehl appeals the determination of the Division of
Selection Services, which found that she did not meet the
experience requirement, per the substitution clause for
education, for the promotional examination for Standards &
Procedures Technician (PS5662K), Department of Human
Services.

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

B-25 ROBERT GLESSMAN

Robert Glessman appeals the determination of the Division of
Selection Services which found that he did not meet the
experience requirements for the open competitive examination
for the dual title of Bridge Construction Inspector/Road
Inspector (C6560A), Middlesex County.

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

B-26 LOUISE M. GOODREAU

Louise M. Goodreau appeals the determination of the Division
of Selection Services, which found that per the substitution
clause for education, she was below the minimum requirements
in experience for the promotional examination for
Administrative Analyst 3 (PS7158K), Division of Youth and
Family Services.

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

B-27 CATHERINE M. HOSKING

Catherine M. Hosking appeals the determination of the
Division of Selection Services, which found that she did not
meet the experience requirements for the promotional
examination for Principal Account Clerk (PC8113A), Sussex
County.

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

B-28 CHIA JENIOUS

Chia Jenious appeals the determination of the Division of
Selection Services which found that she did not meet the
educational requirements for the open competitive
examination for Counselor Adolescent Unit (C1231B), Morris
County.

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

B-29 JANICE JUSKEY

Janice Juskey appeals the determination of the Division of
Selection Services, which found that per the substitution
clause for education, she was below the minimum requirements
in experience for the promotional examination for Executive
Assistant (PM1401W), Jersey City.

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

B-30 CLIFFORD LEWIS

Clifford Lewis appeals the determination of the Division of
Selection Services, which found that he did not meet the
experience requirements for the promotional examination for
Institutional Trade Instructor 1 (Warehousing) (PS8466I),
South Woods State Prison.

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

B-31 MARYANN LINNELL

Maryann Linnell appeals the determination of the Division of
Selection Services, which found that she did not meet the
education and the experience requirements for the open
competitive examination for Administrative Assistant 3
(S6235A).

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

B-32 KATHERINE LONG

Katherine Long appeals the determination of the Division of
Selection Services, which found that she did not meet the
experience requirements for the promotional examination for
Income Maintenance Supervisor (PC6700W), Atlantic County.

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

B-33 TAREK MOHAMED

Tarek Mohamed appeals the determination of the Division of
Selection Services, which found that he did not provide an
evaluated foreign transcript for the open competitive
examination for Senior Engineer Highway (C6739A), Burlington
County.

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

B-34 HEMLATA D. PATEL

Hemlata D. Patel appeals the determination of the Division
of Selection Services, which found that she did not meet the
educational requirements for the open competitive
examination for Microbiologist Trainee (S6231A).

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

B-35 MARITZA AISHA REYES

Maritza Aisha Reyes appeals the determination of the
Division of Selection Service, which found that she did not
meet the experience requirements for the open competitive
examination for Family Service Specialist 3 (Bilingual in
Spanish and English) (S0109O).

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

B-36 CHARLOTTE SADASHIGE

Charlotte Sadashige appeals the decision of the Division of
Selection Services which found that she did not meet the
experience requirements for the open competitive examination
for Analyst 2, Research and Evaluation, Health and Senior
Services (S6197A).

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

B-37 SYED TARIQ-SHUAIB

Syed Tariq-Shuaib appeals the determination of the Division
of Selection Services, that he failed to indicate possession
of an Operating Engineer's License for the open competitive
examination for Chief Operating Engineer 1 (S9017W).

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

B-38 MARTHA S. THEISE

Martha S. Theise 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 Accounting Assistant (C6210O),
Essex County.

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

B-39 JULES UNTENER

Jules Untener appeals the determination of the Division of
Selection Services which determined that he did not meet the
educational requirements for the open competitive
examination for Securities Market Trader Trainee (S6187A).

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

B-40 PAULA VAN CLEF

Paula Van Clef 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 Coordinator Community Health Services (C6495W),
Middlesex County.

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

B-41 GARRY WHEELER STONE

Garry Wheeler Stone 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 Superintendent, Parks and Forestry 4
(S0347W), Department of Environmental Protection.

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

B-42 JEWEL C. BATON, ET AL.

Jewel C. Baton, et al. appeal the promotional examinations
as follows: Katherine M. Friel, Ruth Mathis, Human Resource
Consultant 2 (PS6914C), Lisa Ann Makai, Human Resource
Consultant 3 (PS6927C), Jewel C. Baton, Anna V. Brennan,
Mary Ann Burke, Diane T. Fayad, Human Resource Consultant 4
(PS6928C), and Jewel C. Baton, Mary Ann Burke, Diane T.
Fayad, Arthur Hoenig, Robert J. Hoyd, Stanley A. Kierney,
Martha Y. Manzo, Stephen Pfeiffer, Human Resource Consultant
5 (PS6929C), Department of Personnel. It is noted that this
matter was held over from the Board's October 11, 2000
meeting.

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

VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

B-43 MARION PRESTI, ET AL.

Appellants Marion Presti, Richard D. Byer and Frank J.
Pinto, represented by Virginia A. Wolf, Executive Vice
President, CWA Local 1038, appeal the validity and content
of the Employment Services Specialist 2, Account Executive
(PS3376N), promotional examination for the Department of
Labor. It is noted that this matter was held over from the
Board's October 11, 2000 meeting.

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

VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

B-44 PIERRE R. ALCINE

Pierre R. Alcine appeals his score for the open competitive
examination for Family Service Specialist Trainee (S6024O).

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

B-45 MIGUEL A. GONELL

Miguel A. Gonell appeals his score for the open competitive
examination for Family Service Specialist Trainee (S6024O).

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

B-46 PAUL OKAFOR

Paul Okafor requests reconsideration of the Merit System
Board decision regarding his score on the examination for
Auditor 2, Taxation (PS6169U), Department of the Treasury.

ACTION: The Merit System Board denied the request for
reconsideration.

B-47 ENOCH UTUK

Enoch Utuk appeals his score for the open competitive
examination for Family Service Specialist Trainee (S6024O).

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

B-48 CHARLES COLEMAN

The Department of Human Services requests that the out-of-
title work performed by Charles Coleman, while serving in
the title of Stores Clerk, be accepted as applicable for a
provisional appointment, pending promotional examination, to
the title of Storekeeper 2.

ACTION: The Merit System Board granted the request.

B-49 CAROL ROACH

The Division of Selection Services, on behalf of the
Department of the Treasury, requests that Carol Roach's out-
of-title work experience be accepted to qualify her for a
lateral title change to Auditor 3, Taxation.

ACTION: The Merit System Board granted the request.

B-50 TENISE J. SHERMAN

The Division of Selection Services, on behalf of the
Department of the Treasury, requests that out-of-title work
performed by Tenise J. Sherman be accepted to qualify her
for a prospective promotional examination for Senior Fiscal
Analyst.

ACTION: The Merit System Board granted the request.

B-51 RANDY GRAHAM

Randy Graham appeals the failure to have his name certified
from the Family Service Specialist 3 (S0066O) open
competitive examination eligible list. Appellant appealed
the determination of the Division of Selection Services
which initially found that appellant did not meet the
educational requirements for the Family Service Specialist 3
(S0066O) open competitive examination.

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

B-52 FIRE OFFICIAL, UFD (PM3145V), ATLANTIC CITY

Richard Randall Jordan, President of the Atlantic City
Professional Fire Fighters Local 198, appeals the posting
and distribution of applications to eligible candidates for
the promotional examination for Fire Official, UFD
(PM3145V), Atlantic City.

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

B-53 ERNEST VELTRE

Ernest Veltre requests an opportunity to complete an
application and a questionnaire in order to participate in
the open competitive examination for Housing Inspector
(M6933A), North Bergen Township.

ACTION: The Merit System Board granted the request.

B-54 WILLIAM BOES, ET AL.

The Township of Parsippany-Troy Hills, represented by
Stephen Trimboli, Esq., appeal on behalf of William Boes,
John Butkus, Douglas Cleary, Gary DeFrank, Desiree Dunn,
Ralph Freudeman, Charles Grames, Helaine Harris, John
Jablonski, Eric Litschi, Pamely Mabey, Janine Torsiello,
Martin Ventura, Edward Wahlers, Richard Williams, and Jody
Young, the determination of the Division of Human Resource
Management that they be required to take open competitive or
promotional examinations for positions that they have held
beyond 12 months as provisionals.

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

B-55 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of October
11, 2000 are submitted for adoption.

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

B-56 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of September
26, 2000 are submitted for adoption.

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

B-57 BARBARA ARCHIE

The appeal of Barbara Archie, a Cottage Training Technician
at Woodbine Developmental Center, Department of Human
Services, of her removals effective February 18 and March
10, 1999 on charges, was heard by Administrative Law Judge
Joseph F. Martone (ALJ), who rendered his initial decision
on July 28, 2000. At its meeting on September 12, 2000, the
Board adopted the ALJ's recommendation upholding the
removals. The proposed final decision is now submitted for
the Board's review.

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

B-58 CORY EMELE

The appeal of Cory Emele, a Senior Correction Officer with
Mountainview Youth Correctional Facility, Department of
Corrections, of his removal effective December 10, 1998 on
charges, was heard by Administrative Law Judge Steven C.
Reback (ALJ), who rendered his initial decision on July 11,
2000. At its meeting on September 12, 2000, the Merit
System Board did not adopt the ALJ's recommendation to
uphold the removal. Rather, the Board ordered that the
matter be remanded to the Office of Administrative Law. The
proposed final decision is now submitted for the Board's
review.

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

B-59 ABDUL-GHAFUR FAIZ

The appeal of Abdul-Ghafur Faiz, a Senior Correction Officer
with New Jersey State Prison, Department of Corrections,
concerning his 30-day suspension beginning September 26,
1998 on charges, was heard by Administrative Law Judge
Kathryn A. Clark (ALJ), who rendered her initial decision on
August 3, 2000. At its meeting on September 12, 2000, the
Merit System Board (Board) did not adopt the ALJ's
recommendation to modify the penalty to a 10-day suspension.
Rather, 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 directed that this matter
be held over.

B-60 JUAN DIEGO FEEHAN

The appeal of Juan Diego Feehan, an Income Maintenance
Technician, Bilingual in Spanish and English, with the
Middlesex County Board of Social Services, of his 25-day
suspension beginning October 7, 1999 on charges, was heard
by Administrative Law Judge Anthony T. Bruno (ALJ), who
rendered his initial decision on August 2, 2000. At its
meeting on September 12, 2000, the Merit System Board
adopted the recommendation of the ALJ to uphold the
suspension. The proposed final decision is now submitted
for the Board's review.

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

B-61 JOANNE JOBECK

The appeal of Joanne Jobeck, a Principal Data Control Clerk
with Union County, of her resignation not in good standing
effective March 2, 1998, was heard by Administrative Law
Judge Diana C. Sukovich (ALJ), who rendered her initial
decision on June 26, 2000. At its meeting on September 12,
2000, the Merit System Board adopted the ALJ's
recommendation to uphold the resignation not in good
standing. The proposed final decision is now submitted for
the Board's review.

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

B-62 GEORGE JOHNSON

The appeal of George Johnson, a Police Officer with the
Deptford Township Police Department, of his bypass on the
Police Sergeant (PM4746P), Deptford Township eligible list,
was heard by Administrative Law Judge Joseph Lavery (ALJ),
who rendered his initial decision on May 4, 2000. At its
meeting on September 12, 2000, the Board adopted the ALJ's
recommendation to dismiss the appeal. The proposed final
decision is now submitted for the Board's review.

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

B-63 WILLIAM BATE

The appeal of William Bate, a Probation Officer with the
Judiciary, Essex Vicinage, of his 20-day suspension
beginning July 14, 1997, and his removal effective May 5,
1998 on charges, was heard by Administrative Law Judge Maria
Mancini LaFiandra, who rendered her initial decision on
August 1, 2000, upholding the 20-day suspension and the
removal. At its meeting on September 12, 2000, the Board
adopted the recommendation to uphold the 20-day suspension
but modified the removal to a resignation in good standing.
The proposed final decision is now submitted for the Board's
review.

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

B-64 ROBERT J. SCHNUR

The appeal of Robert J. Schnur, a Senior Correction Officer
at South Woods State Prison, Department of Corrections, of
his removal effective April 28, 1999 on charges, was heard
by Administrative Law Judge Steven C. Reback (ALJ), who
rendered his initial decision on July 20, 2000, upholding
the removal. At its meeting on September 12, 2000, the
Merit System Board (Board) adopted the ALJ's recommendation.
The proposed final decision is now submitted for the Board's
review.

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

B-65 KATHERINE BERGMANN

The appeal of Katherine Bergmann, an unclassified Secretary
to the Warren County Prosecutor, of her removal effective
July 24, 1995, was heard by Administrative Law Judge Thomas
R. Vena who rendered his initial decision on October 12,
1999, upholding the removal. At its meeting on September
26, 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 directed that this matter
be held over.

B-66 JENNIFER HARRIS

The appeal of Jennifer Harris, an Institutional Attendant at
Preakness Hospital, Passaic County, of her 10-day suspension
on charges, was heard by Administrative Law Judge Maria
Mancini LaFiandra who rendered her initial decision on
August 21, 2000, recommending that the 10-day suspension be
modified to a seven-day suspension. At its meeting on
September 26, 2000, the Board did not adopt the ALJ's
recommendation. Rather, the Board upheld the 10-day
suspension. The proposed final decision is now submitted
for the Board's review.

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

B-67 ANDREW THOMAS

The appeal of Andrew Thomas, a Family Service Worker with
the Essex County Department of Citizen Services, of his
removal effective March 14, 1997 on charges, was heard by
Administrative Law Judge Arnold Samuels (ALJ), who rendered
his initial decision on August 1, 2000. At its meeting on
September 26, 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 directed that this matter
be held over.

B-68 LAWRENCE M. DAVIS

Lawrence M. Davis, a Police Officer with the City of
Trenton, represented by Rita F. Barone, Esq., petitions the
Merit System Board for interim relief.

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

VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

B-69 CHARLES CUTLER

The Township of Allamuchy (Township), represented by Beth
Hinsdale, Esq., requests interlocutory review of the August
22, 2000 Order of Administrative Law Judge Michael L. Ravin
(ALJ) in In the Matter of Charles Cutler pursuant to
N.J.A.C. 1:1-14.10(a).

ACTION: The Merit System Board granted the request for
interlocutory review, modified the Order of the
Administrative Law Judge and denied the
appellant's motion.

B-70 JAMES P. SUSZYNSKI

James P. Suszynski appeals the determination of the Division
of Selection Services which found that Maureen McGlashon and
Dorothea Vaccaro were eligible for the promotional
examination for Assistant Administrative Supervisor of
Income Maintenance (PC0673A) Burlington County.

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

B-71 MARIA SOTO, SECURITY GUARD (M1097A)

The Vineland City Public School District requests a waiver
of competitive examination for Maria Soto.

ACTION: The Merit System Board granted the request.

B-72 EARLY SETTLEMENTS

Dorothy Ashton
Woodbine Developmental Center
Department of Human Services
Removals (2)

Dawn DelBacco
Hunterdon Developmental Center
Department of Human Services
Removal

Nelson Ferrer
Department of Military and Veterans' Affairs
Removals (2)

Stacey LeSane
New Jersey Veterans' Memorial Home Paramus
New Jersey Department of Military and Veterans' Affairs
Release at the end of the working test period

Kevin Ray
New Lisbon Developmental Center
Department of Human Services
10-day Suspension and Removal

Kathie Riley
Hunterdon Developmental Center
Department of Human Services
Removal

ACTION: The Merit System Board acknowledged the
settlements.

B-73 JUAN GONZALEZ

The appeal of Juan Gonzalez, a Police Officer with the City
of Newark, of his release at the end of his working test
period, effective July 23, 1999, was heard before
Administrative Law Judge Edith Klinger (ALJ), who rendered
her initial decision on July 18, 2000, reversing the release
at the end of the working test period. At its meeting on
September 12, 2000, the Board ordered that the matter be
remanded to the Office of Administrative Law. The proposed
final decision is now submitted for the Board's review.

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

B-74 MARK ODOM

The appeal of Mark Odom, a Police Officer with the City of
Newark, of his 10-day suspension on charges, was heard
before Administrative Law Judge Maria Mancini LaFiandra
(ALJ), who rendered her initial decision on August 7, 2000.
In that decision, the ALJ noted that the appellant withdrew
his appeal of the 10-day suspension and also awarded him
back pay from January 23, 1997 to September 1997, the period
of his indefinite suspension, and counsel fees. At its
meeting on September 12, 2000, the Board adopted the ALJ's
recommendation that the appellant be awarded back pay but
did not adopt the recommendation that the appellant be
awarded counsel fees. The Board also acknowledged the
withdrawal of the appellant's appeal of his 10-day
suspension. The proposed final decision is now submitted
for the Board's review.

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

B-75 JOSEPH GALLANT

The appeal of Joseph Gallant, a Police Officer with the City
of Newark, of his removal effective June 16, 1997 on
charges, was heard by Administrative Law Judge Elinor R.
Reiner (ALJ), who rendered her initial decision on August
16, 2000, upholding the removal. At its meeting on
September 26, 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 directed that this matter
be held over.

B-76 MARK HAGANS

The appeal of Mark Hagans, a Sanitation Inspector with the
City of Newark, of his removal effective February 21, 1997
on charges, was heard by Administrative Law Judge Irene
Jones who rendered her initial decision on July 27, 2000,
granting Newark's motion for summary judgment and dismissing
the appellant's appeal. At its meeting on September 26,
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 directed that this matter
be held over.

B-77 JOHN HOWARD

The appeal of John Howard, a Cook with the Passaic County
Sheriff's Department of his removal effective February 11,
1997 on charges, was the subject of a settlement conference
conducted by Administrative Law Judge Elinor R. Reiner who
rendered her initial decision on August 23, 2000, approving
the settlement. At its meeting on September 26, 2000, the
Board acknowledged the settlement. The proposed final
decision is now submitted for the Board's review.

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

There being no further business before the Merit System
Board, the meeting was adjourned to convene on Wednesday,
November 8, 2000, at 10:00 a.m., at 3 Station Plaza, Trenton, New
Jersey.


__________________________________
JANICE MITCHELL MINTZ
COMMISSIONER
MERIT SYSTEM BOARD
 
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