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


A regular meeting of the Merit System Board was held on
Tuesday, December 19, 2000, in Trenton, New Jersey.

PRESENT: Chairwoman Janice Mitchell Mintz, Merit System Board
Members, Alan Dexter Bowman, Margaret E.L. Howard, 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.

STATE

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

DATE: November 10, 2000

TO: Janice M. Mintz, Commissioner
Department of Personnel

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

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

SUBJECT: Change in State Compensation Plan - New Title

DEPARTMENT OF THE TREASURY

The Department of the Treasury has requested the creation of a
new title to develop and supervise staff responsible for the
development of Division of Pensions and Benefits program
operating units.

A position study confirmed the Department contention that a new
title is needed. A review of the Hay evaluation factors
indicates that a salary evaluation for S27 for this title is
justified. We are recommending the S bargaining unit for this
new title because it will supervise the Pensions Benefits
Specialist 1, R24.

ADDITION OF TITLE
Effective: April 22, 2000

Supervising Pensions Benefits Specialist
S27 D NL12


DATE: December 19, 2000

TO: Janice M. Mintz, Commissioner
Department of Personnel

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

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

SUBJECT: Change in State Classification Plan

DEPARTMENT OF PERSONNEL

This department is requesting the following position number be
reallocated from the Career Service into the Senior Executive
Service as set forth in N.J.A.C. 4A:3-2.2.

As a result of an organizational restructuring resulting from an
extensive needs assessment and analysis, it has been determined
to revamp a number of programs in the Selection and Placement
division to better meet the needs of our clients. The programs
under redevelopment are the Open, Promotional, Recruitment, and
Eligibility Review and Determination. In addition to the
expanding areas of human resource recruitment, this program
element must provide these services in an ever changing
technological environment. Therefore, the position responsible
for these program areas will be breaking new ground in the
development of policies and procedures for effective and
efficient transition of operations with little or no affect on
current delivery of services.

The areas of program control and policy-making are second only to
the scope of freedom of action, consequence of error and decision
impact. Additionally, this position reports directly to the
Director of Selection Services, which is allocated to the Senior
Executive Services. As a result, this position meets all of the
criteria mandated by N.J.A.C. 4A:3-2.2 for allocation to the
Senior Executive Service.

In view of the above, we are requesting approval for the
reallocation of Position #008168 from the Career Service to the
Senior Executive Service effective October 21, 2000.

REALLOCATION OF SERVICE
Effective Date: 10/21/00
Position # 008168

From: Manager 1, CSC M32-56883 To: Senior Executive Service
M98-90752

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

WITHDRAWAL OF APPEALS

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

Joanne J. Brown, Senior Clerk Stenographer, County of Union,
suspension.

Sylvella Chambers, Building Maintenance Worker, County of Essex,
suspension.

Gloria F. Colter, Probation Officer, Administrative Office of the
Courts, Judiciary - Bergen Vicinage, release at the end of the
working test period.

Deborah DiVento, County Correction Officer, County of Camden,
resignation not in good standing.

Hope Eze, Department of the Treasury, Division of Taxation, list
removal.

Gerard Prince, Water Leak Detector, City of Newark, removal.

Marie Rogerson, Accountant III, Department of Health and Senior
Services, suspension.

Ruben Ramos, Senior Housing Manager, Housing Authority of the
City of Hoboken, suspension.

Edward F. Scardelli, Jr., Building Maintenance Worker, County of
Essex, layoff.

Donald Strebig, Animal Control Officer, Town of Phillipsburg,
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:

Deborah Jones, Practical Nurse, Department of Human Services,
North Jersey Developmental Center, resignation not in good
standing.

Michael Walker, Police Officer, City of Irvington, suspension.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Giovanna Apolito
Jersey City School District
Suspension

In the Matter of Francis Battle
Woodbridge Developmental Center
Department of Human Services
Removals (2)

In the Matter of Adrian B. Ellison
New Jersey State Prison
Department of Corrections
Suspension

In the Matter of Greta E. Foxworth
State Transitional Housing
Military and Veterans' Affairs
Suspension

In the Matter of Gary McClean
Newark Housing Authority
Removal

In the Matter of Janet Myrwold
County of Ocean
Board of Health
Resignation not in good standing

In the Matter of Benjamin Newton
Northern State Prison
Department of Corrections
Suspension

In the Matter of Anthony Richburg
County of Hudson
Department of Corrections
Suspension

In the Matter of Sandra Singleton
County of Mercer
Department of Public Safety
Removal

In the Matter of Gerald Sowa
NJSB Jamesburg
Juvenile Justice Commission
Suspension

In the Matter of Denise Szeker
Department of the Treasury
Division of Investment
Removal and Resignation not in good standing

Elmer Walter
City of Atlantic City
Administration 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 Janet Myrwold,
which was held over.

A-2 BERGEN PINES COUNTY HOSPITAL (CONSOLIDATION)

Bergen Pines County Hospital, layoff effective March 1,
1998, for reasons of economy and efficiency.

Recommendation of the Administrative Law Judge - Grant
appointing authority's motion for summary decision, deny
appellant's motion for summary decision and uphold the
layoff.

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

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

A-3 APRIL BOYKINS

April Boykins, County Correction Officer, County of
Burlington, County Jail, removal effective January 22, 1999,
on charges of conduct unbecoming a public employee and
neglect of duty.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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

A-4 LAWRENCE C. DANIELS

Lawrence C. Daniels, Senior Correction Officer, East Jersey
State Prison, Department of Corrections, suspension for 60
days, on charges of conduct unbecoming a public employee and
threatening, intimidating, harassing, coercing or
interfering with a fellow employee on State property.

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

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

A-5 CRAIG GILMORE

Craig Gilmore, Police Officer, City of Passaic, Police
Department, suspension for 45 days, on charges of chronic or
excessive absenteeism.

Recommendation of the Administrative Law Judge - Modify the
45-day suspension to a 30-day suspension.

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

A motion was made and seconded that the open session be
recessed and that, pursuant to Section 12(b) of the Open
Public Meetings Act, the Merit System Board entered into
Executive Session for the purpose of legal advice on the
matters of A-6 Lamont Walker and A-11 Datina Rinn. The
Board subsequently reconvened the public meeting.

A-6 LAMONT WALKER (REMAND)

Lamont Walker, Supervising Building Maintenance Worker,
County of Burlington, Department of Buildings and Grounds,
suspension for 10 days and demotion to the position of
Building Maintenance Worker and removal effective August 5,
1996, on charges of incompentecy, inefficiency and failure
to perform duties, conduct unbecoming a public employee,
neglect of duty, misuse of a County vehicle, driving while
on the suspended list and unauthorized absence.

Recommendation of the Administrative Law Judge - Uphold the
10-day suspension, demotion and removal.

ACTION: The Merit System Board modified the recommendation
of the Administrative Law Judge; the Board upheld
the 10-day suspension and demotion, reversed the
removal, and awarded back pay and partial counsel
fees.

A-7 ELAINE JEFFERSON - SETTLEMENT

Elaine Jefferson, Correction Lieutenant, Mountainview Youth
Correctional Facility, Department of Corrections, suspension
for 10 days, on charges of insubordination. Settled to a
modification of the 10-day suspension to a written reprimand
and a reimbursement of 10 days back pay.

Recommendation of the Administrative Law Judge - Acknowledge
the settlement

ACTION: The Merit System Board acknowledged the settlement
as clarified.

A-8 ROSELYN NAPIER - SETTLEMENT

Roselyn Napier, Identification Clerk, City of Paterson,
Department of Public Safety, suspension, on charges of
conduct unbecoming a public employee and misuse of public
property. Settled to a 60-day suspension and reimbursement
of $11,000.

Recommendation of the Administrative Law Judge - Acknowledge
the settlement

ACTION: The Merit System Board acknowledged the settlement
as clarified.

A-9 BAZYT BERGUS

Bazyt Bergus, Police Sergeant, City of Newark, removal
effective August 19, 1998, on charges of criminal law,
conduct, use of force, language, neglect of duty, acts of
omission, aiding or abetting, police uniform and official
inefficiency or incompetency.

Recommendation of the Administrative Law Judge - Reverse the
removal.

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

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

A-10 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 modified the recommendation
of the Administrative Law Judge to a 10-day
suspension.

VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (No)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

A-11 DATINA RINN

Datina Rinn, Police Lieutenant, City of Jersey City, Police
Department, suspension for 60 days, on charges of chronic or
excessive absenteeism.

Recommendation of the Administrative Law Judge - Modify the
60-day suspension to a 5-day suspension.

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

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

SECTION B - MISCELLANOUS MATTERS

B-1 CHARLES BROWN

Charles Brown appeals his rejection as a County Correction
Officer candidate by the County of Union and its request to
remove his name from the eligible list for County Correction
Officer on the basis of psychological unfitness to perform
effectively the duties of the position.

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

B-2 JUAN C. BERTANCOURTH

Juan C. Bertancourth, represented by Peter J. Cresci, Esq.,
appeals his rejection as a Sheriff's Officer candidate by
the County of Hudson and its request to remove his name from
the eligible list for Sheriff's Officer on the basis of
psychological unfitness to perform effectively the duties of
the position.

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

B-3 JOHN A. FRANKLIN

John A. Franklin appeals his rejection as a Police Officer
candidate by the City of Plainfield and its request to
remove his name from the eligible list for Police Officer on
the basis of psychological unfitness to perform effectively
the duties of the position.

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

B-4 RAFAEL FREITAS

Rafael Freitas, represented by Charles M. Grossman, Esq.,
appeals his rejection as a Police Officer candidate by the
City of Newark and its request to remove his name from the
eligible list for Police Officer on the basis of
psychological unfitness to perform effectively the duties of
the position.

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

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

B-5 THOMAS GRAY

Thomas Gray, represented by Anthony J. Fusco, Jr., Esq.,
appeals his rejection as a Police Officer candidate by the
City of Bayonne and its request to remove his name from the
eligible list for Police Officer on the basis of
psychological unfitness to perform effectively the duties of
the position.

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

B-6 MICHAEL RIPP

Michael Ripp, represented by Thomas J. Cammarata, Esq.,
appeals his rejection as a Police Officer candidate by the
City of Bayonne and its request to remove his name from the
eligible list for Police Officer on the basis of
psychological unfitness to perform effectively the duties of
the position.

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

B-7 MICHAEL TURNER

Michael Turner appeals his rejection as a Police Officer
candidate by the City of Trenton and its request to remove
his name from the eligible list for Police Officer on the
basis of psychological unfitness to perform effectively the
duties of the position.

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

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

B-8 ABINADAB VIRUET, JR.

Abinadab Viruet, Jr., represented by Nicole L. Masciarella,
Esq., appeals his rejection as a Police Officer candidate by
the City of Passaic and its request to remove his name from
the eligible list for Police Officer on the basis of
psychological unfitness to perform effectively the duties of
the position.

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

B-9 RONALD GALLAGHER

Ronald Gallagher, a Construction and Maintenance Technician
1 with the Department of Transportation, represented by
David Nack, Local Representative, CWA Local 1032, appeals
the denial of sick leave injury (SLI) benefits.

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

B-10 NANCY MURPHY

Nancy Murphy, a Senior Therapy Program Assistant with Ancora
Psychiatric Hospital, Department of Human Services (DHS),
appeals the denial of sick leave injury (SLI) benefits.

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

B-11 DORIS RENNINGS

Doris Rennings, a Head Nurse at the Senator Garrett W.
Hagedorn Psychiatric Hospital, Department of Human Services,
appeals the denial of sick leave injury (SLI) benefits.

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

B-12 JO WILLS

Jo Wills, a former Auditor 1, retired effective October 31,
1997, with the Department of Health and Senior Services,
requests reconsideration of the final administrative
decision, rendered on June 21, 1999, which denied Willis'
request for sick leave injury (SLI) benefits.

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

B-13 CARRIE MATLOCK-GREENE

Carrie Matlock-Greene, a Legal Secretary 1 with the
Department of Law and Public Safety, appeals the
determination of the Attorney General stating that the
appellant was not discriminated against based on her race.

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

B-14 DIANE SEBASTIAN

Diane Sebastian, a Technical Assistant 1, Community Affairs,
with the Department of Community Affairs (DCA), appeals the
decision of the Commissioner, DCA, which found that
appellant failed to present sufficient evidence to support a
finding of probable cause that she was a victim of sexual
harassment.

ACTION: The Merit System Board granted a hearing.

B-15 DIANE ALVINE

Diane Alvine appeals the decision of Human Resource
Information Systems (HRIS) which found that the Department
of Labor had presented a sufficient basis to remove
appellant's name from the Vocational Rehabilitation
Counselor (S0286O) eligible list, due to her failure to
appear for an interview.

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

B-16 JOSEPH ROSATO

Joseph Rosato appeals the decision of Human Resource
Information Services which found that Hudson County had
presented a sufficient basis to remove appellant's name from
the County Correction Officer (S9998U) eligible list due to
his failure to appear for a scheduled interview.

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

B-17 JAMES DUFFY

James Duffy, an Insurance Examiner I with the Department of
Banking and Insurance, appeals the decision of Human
Resource Information Systems, which upheld the bypass of
this name on the Supervising Insurance Examiner (PS4871L)
eligible list.

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

B-18 ANTONIO ROMAN

Antonio Roman, represented by James D. Hamilton, Jr., Esq.,
appeals the decision of Selection Services which found that
the City of Camden had presented a sufficient basis to
remove the appellant's name from the Police Officer
(S9999W), City of Camden eligible list on the basis of an
unsatisfactory criminal record.

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

B-19 JOSEPH ABALIHI

Joseph Abalihi, represented by T. Lambert Tamin, Esq.,
requests that the Merit System Board revive the eligible
list for Parole Officer Recruit (S0102O), Juvenile Justice
Commission, to provide him with an opportunity to be
considered for appointment consistent with the determination
of Selection Services.

ACTION: The Merit System Board granted the request to
revive the list.

B-20 LORETTA FRANCO

Loretta Franco, an Administrative Analyst 2 with the
Juvenile Justice Commission, represented by Sidney H.
Lehmann, Esq., appeals the determination of Human Resource
Information Services that she was not entitled to
differential back pay for the period that the appointing
authority failed to appoint her from the Administrative
Analyst 2 (PS6549P) eligible list while a provisional
appointee was serving in the subject position.

ACTION: The Merit System Board granted a hearing.

B-21 PAUL DENNIS

Paul Dennis, a Correction Sergeant at Mountainview Youth
Correctional Facility, Department of Corrections represented
by Robert B. Reed, Esq., seeks enforcement of that part of
the Merit System Board decision rendered on November 24,
1998, granting him back pay for the period for January 14,
1998, following his three-month suspension, through March
12, 1999, the date of his reinstatement. In addition,
appellant requests interest on his back pay award.

ACTION: The Merit System Board granted back pay in the
amount of $66,592.61, but denied an award of
interest.

B-22 ACCOUNT CLERK (M0806U), JERSEY CITY

The appointing authority requests permission not to make an
appointment from the certification for Account Clerk
(M0806U), Jersey City.

ACTION: The Merit System Board granted the request for an
appointment waiver but assessed partial costs.

B-23 CODE ENFORCEMENT OFFICER (M6559W), BOROUGH OF POMPTON LAKES

The appointing authority requests permission not to make an
appointment from the certification for Code Enforcement
Officer (M6559W), Borough of Pompton Lakes.

ACTION: The Merit System Board granted the request for an
appointment waiver and assessed no costs.

B-24 INCOME MAINTENANCE TECHNICIAN (M0487T), CITY OF NEWARK

The appointing authority requests permission not to make an
appointment from the certification for Income Maintenance
Technician (M0487T), City of Newark.

ACTION: The Merit System Board granted the request for an
appointment waiver but assessed costs.

B-25 SOCIAL CASEWORKER (M0790W), CITY OF EAST ORANGE

The matter of whether the appointing authority should be
granted permission not to make an appointment from the
certification for Social Caseworker (M0790W), City of East
Orange has been referred to the Merit System Board for
review.

ACTION: The Merit System Board granted the request for an
appointment waiver but assessed partial costs.

B-26 CLERK (SPECIAL REEMPLOYMENT LIST) CITY OF ORANGE

The City of Orange requests reconsideration of the decision
rendered on July 11, 2000 by the Merit System Board in In
the Matter of Clerk (Special Reemployment List), City of
Orange, which ordered it to immediately remove the
provisional, Denise McLaurin, and to pay compliance
processing costs in the amount of $250.

ACTION: The Merit System Board granted the request for
reconsideration and rescinded the $250, which was
assessed in compliance costs.

B-27 ROBERT R. FARRELL, SR.

Robert R. Farrell, Sr., a former Fire Fighter with the City
of Asbury Park, requests interim relief in regard to his
immediate suspension, effective September 26, 2000, on the
charge that he is medically unable to perform the duties of
his position.

ACTION: The Merit System Board granted the request for
interim relief.

B-28 JUDE LUONGO

Jude Luongo, an Assistant Construction Management Specialist
with the State-Operated School District of the City of
Newark, represented by Jennifer E. Moran, Esq., petitions
the Merit System Board for interim relief with regard to his
immediate suspension effective August 23, 2000 on charges.

ACTION: The Merit System Board determined the petitioner
to have permanent status, but denied the request
for interim relief.

B-29 DAVID WEISS

David Weiss, a Police Lieutenant with the Perth Amboy Police
Department, represented by David J. DeFillippo, Esq.,
petitions the Merit System Board for interim relief with
regard to his suspension for 180 working days and demotion
to Police Sergeant on charges.

ACTION: The Merit System Board denied the request for
interim relief and modified the penalty imposed to
a demotion and suspension for 180 calendar days,
beginning November 23, 2000 and ending on May 23,
2001.

B-30 JOHN ANSTISS

The City of Newark, represented by Lenora E. Marshall,
Assistant Corporation Counsel, petitions the Merit System
Board for reconsideration of its decision, rendered February
8, 2000, which denied its request to remove the name of John
Anstiss from the eligible list for Construction Official
(M6287O), City of Newark based on his failure to meet the
residency requirement.

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

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

B-31 FRANCIS DASCOLI

Francis Dascoli, formerly a Police Officer with the Township
of West Orange, petitions the Merit System Board (Board) for
reconsideration of its final administrative decision
rendered on July 11, 2000.

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

B-32 KEVIN HALL

The Superior Court, Appellate Division, has reversed and
remanded the decision of the Merit System Board in In the
Matter of Kevin Hall (MSB, decided April 20, 1999), reversed
and remanded, ___N.J. Super. ___ (App. Div. 2000), for
effectuation of an order upholding the removal of Hall
effective January 2, 1996 from his position as Police
Officer with the City of Camden.

ACTION: The Merit System Board affirmed the removal of the
appellant from his position as Police Officer,
City of Camden, effective June 2, 1996.

B-33 JAMES PIZZULLO

The appeal of James Pizzullo, formerly a Police Sergeant
with the Hamilton Police Department, of his 30-day
suspension and demotion to Police Officer, on charges, was
heard by Administrative Law Judge Elinor R. Reiner (ALJ),
who rendered her initial decision on August 30, 2000. At
its meeting on November 14, 2000, the Merit System Board
(Board) adopted the ALJ's recommendation to uphold the 30-
day suspension and demotion to Police Officer. The proposed
final decision is not submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-34 DANIEL DEL VALLE

The appointing authority for the Passaic County Sheriff's
Department appeals the determination of Human Resource
Information Services which denied its request to record
Daniel Del Valle's regular appointment from the Security
Guard (C0544O).

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

B-35 GEORGE F. BOYER

George F. Boyer, represented by Mary L. Crangle, Esq.,
appeals the determination of the Division of Selection
Services, which found that he did not meet the experience
requirements for the promotional examination for Public
Works Superintendent (PM0731A), City of Camden.

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

B-36 CARMEN L. CACABELOS

Carmen L. Cacabelos appeals the determination of the
Division of Selection Services which found that she did not
meet the experience requirements for the promotional
examination for Secretarial Assistant 3 (Non-Stenographic)
(PS0607E), Department of Military and Veterans Affairs.

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

B-37 YOSMARI C. DIAZ

Yosmari C. Diaz 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 Counselor, Victim-Witness Program (C1016A), Middlesex
County.

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

B-38 ANNE L. JACOBSEN

Anne L. Jacobsen appeals the determination of the Division
of Selection Services which found that she was ineligible
for the promotional examination for Analyst 1, Health Care
Facilities (Mental Health Services) (PS0452K), Human
Services.

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

B-39 MARK KEARS

Mark Kears appeals the determination of the Division of
Selection Services, which found that he did not meet the
experience requirements for the promotional examination for
Supervising Program Support Specialist (Assistance Programs)
(PS8797K), Division of Youth and Family Services.

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

B-40 JERYL KRAUTLE

Jeryl Krautle appeals the determination of the Division of
Selection Services, which found that she failed to indicate
the proper license for the promotional examination for
Senior Public Health Nurse (PC0297A), Monmouth County.

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

B-41 DAVID W. MOHR

David W. Mohr appeals the determination of the Division of
Selection Services which found that he did not meet the
experience requirement for the promotional examination for
Assistant Warehouse Supervisor (PC1029U), Morris County.

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

B-42 KARON NEWMAN

Karon Newman appeals the determination of the Division of
Selection Services, which found that she did not meet the
experience requirements for the promotional examination for
Management and Operations Analyst 1 (PS7343K), Division of
Medical Assistance and Health Services.

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

B-43 EDWARD PALLAY

Edward Pallay appeals the determination of the Division of
Selection Services that he did not possess the required
license in order to be eligible for the open competitive
examination for Plumbing Inspector (M9246A), Freehold
Township.

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

B-44 CHRISTINE E. SANTIAGO

Christine E. Santiago appeals the determination of the
Division of Selection Services, which found that she did not
meet the experience requirement for the promotional
examination for Principal Clerk Bookkeeper (PS9913I), Edna
Mahan Correctional Facility for Women.

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

B-45 STAN SIERAKOWSKI

Stan Sierakowski appeals the determination of the Division
of Selection Services which found that he did not meet the
experience requirement for the promotional examination for
Coordinator of Special Transportation (PC0027W), Middlesex
County.

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

B-46 JANICE STEWARD

Janice Steward 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 Management
and Operations Analyst 1 (PS7343K), Division of Medical
Assistance and Health Services.

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

B-47 VINETTE TATE

Vinette Tate appeals the determination of the Division of
Selection Services, which found that she did not meet the
experience requirements for the promotional examination for
Supervising Program Support Specialist (Assistance Programs)
(PS8797K), Division of Youth and Family Services.

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

B-48 CHRISTOPHER WOLF

Christopher Wolf appeals his ineligibility for the Entry
Level Law Enforcement examination (S9999B).

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

B-49 JACQUELINE ZAVAGLIA

Jacqueline Zavaglia appeals the determination of the
Division of Selection Services, which found that she did not
meet the experience requirements for the promotional
examination for Supervising Program Support Specialist
(Assistance Programs) (PS8797K), Division of Youth and
Family Services.

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

B-50 CHRIS JANIEC

Chris Janiec appeals the decision of the Division of Human
Resource Management which found that he lacked the required
amount of permanent status in a title to which the
examination was open for the examination for Sheriff's
Officer Lieutenant (PC2628A), Bergen County.

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

B-51 JOSEPH BERNHARDT, ET AL.

Joseph Bernhardt, Carmen Castaldi, Neil Clark, James Craig,
Steven Falk, John Gaspari, John Giambelluca, Darnell
Hardwick, Anthony Infante, Edward Inman, William Mason,
Sharon Pullen, Dennis Rodriguez, Arthur Steiner, Edward
Sytnik and Donald Von Dreele appeal their scores on the
promotional examination for Construction and Maintenance
Technician 1 (PS9279T), Department of Transportation.

ACTION: The Merit System Board directed that these appeal
be denied but the applications of Messrs. Gaspari,
Hassell, Hoonhout, Infante, Reimer and Rodriguez
and Ms. Pullen should be rescored.

B-52 COLLEEN CONOVER

Colleen Conover appeals her score for the physical
performance and written portions of the examination for Fire
Fighter (M9999A).

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

B-53 JOVONYIN HAWKINS

Jovonyin Hawkins appeals his score for the physical
performance portion of the Fire Fighter (M9999A)
examination.

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

B-54 FRED LONGOBARDI

Fred Longobardi appeals his score on the examination for
Deputy Fire Chief (PM3539A), Hackensack.

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

B-55 MICHAEL J. MARELLI

Michael J. Marelli appeals his score for the examination for
Police Captain (PM3561A), Newark.

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

B-56 VINCENT MEALY

Vincent Mealy appeals his score on the examination for
Deputy Fire Chief (PM3571A), Irvington.

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

B-57 FRANK O'NEILL

Frank O'Neill appeals his score on the Police Captain
(PM1110W), Kearny promotional examination.

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

B-58 JAMES ROCKLEIN

James Rocklein appeals his score on the examination for
Deputy Fire Chief (PM3571A), Irvington.

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

B-59 HENRY M. ROSS

Henry M. Ross appeals his score and rank on the promotional
examination for Operating Engineer, Heating and Air
Conditioning (PS0766I), Department of Corrections.

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

B-60 KAMLESH SHAW

Kamlesh Shah appeals the determination of the Division of
Selection Services regarding the score of the examination
for Supervising Engineer 2, Surface Design (PS4270T),
Department of Transportation.

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

B-61 DEBORAH SIRLEAF

Deborah Sirleaf appeals her failing score on the open
competitive examination for Claims Adjudicator 3 Disability
Determinations (S0271O).

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

B-62 VITTAL R. SITARAM

Vittal R. Sitaram appeals the determination of the Division
of Selection Services regarding the score of the examination
for Supervising Engineer 2, Surface Design (PS4270T),
Department of Transportation.

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

B-63 DREW BENCIVENGO AND ROBERT PAINCHAUD

Drew Bencivengo and Robert Painchaud appeal their residency
for the examination for Fire Fighter (M9999A).

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

B-64 GEORGE BONNER

George Bonner appeals his residency designation for the Law
Enforcement Candidate Record (LECR) examination for various
titles (S9999A).

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

B-65 KEVIN FLYNN

Kevin Flynn appeals the determination of the Division of
Selection Services, denying his request for 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-66 HECTOR R. GARCIA

Hector R. Garcia appeals the determination of the Division
of Selection Services denying his request for a make-up
examination for Police Sergeant (PM3776V), Paterson.

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

B-67 BARRY HUNTER

Barry Hunter requests a make-up examination for Police
Sergeant (PM2571A), Plainfield.

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

B-68 ALBERT SCARPULLA

Albert Scarpulla requests an opportunity to take a make-up
of the physical performance portion of the examination for
Fire Fighter (M9999A).

ACTION: The Merit System Board denied the request.

B-69 PATRICK COSPITO

Patrick Cospito appeals the administration of the physical
performance portion of the Fire Fighter (M9999A)
examination.

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

B-70 ROSE LAPSLEY

Rose Lapsley 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-71 JOSEPH TREANOR

Joseph Treanor appeals the administration of the promotional
examination for Police Captain (PM3550B), Union City.

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

B-72 WILLIAM YIRCE

William Yirce appeals the administration of the promotional
examination for Police Captain (PM3533B), Fair Lawn.

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

B-73 ROBERT F. CORCORAN

Robert F. Corcoran appeals the denial of veterans preference
and his rank on the list for Deputy County Emergency
Management Coordinator, Monmouth County (C6875B).

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

B-74 STEVEN FOSTEK, JR.

Steven Fostek, Jr. appeals the volunteer fire fighter points
awarded to another candidate, Vincent Tracy, on the
examination for Fire Fighter (M9999A).

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

B-75 ANN MARIE B. SPAGNOLA

The Assistant Director, Division of Selection Services, on
behalf of the Town of Morristown, requests that Ann Marie B.
Spagnola's out-of-title work experience be accepted to
satisfy the experience requirement for admittance to the
promotional examination for Management Specialist (PM0675B),
Morristown.

ACTION: The Merit System Board granted the request.

B-76 GERARD CAMPENELLA, ET AL.

Gerard Campenella, Allyn Ciccone and Vincent Celfo,
(PM2577A) Belleville; Danilo Garcia, represented by Larry
Holtz, Esq., Jay Alpert, Tomas Padilla, represented by Larry
Holtz, Esq., (PM2587A) Hackensack; John Mioduszewski,
represented by Larry Holtz, Esq., (PM2589A) Holmdel
Township; Kevin Craig and William Craig, Jr., (PM2591A)
Jefferson; James Buckley, Robert Cowan, Joseph Delany,
Michael Galano, Michael Kolidij, Edgard Martinez, Thomas
Zirolli, represented by Larry Holtz, Esq., (PM2592A) Jersey
City; Stephen Durkin, Thomas Osborne, and Scott Macfie,
(PM2593A) Kearny; Dennis Brown, represented by Larry Holtz,
Esq., John O'Brien, represented by Larry Holtz, Esq., Robert
Spallina, (PM2594A) Little Egg Harbor Township; Eric Landau,
represented by Larry Holtz, Esq., (PM2595A) Marlboro
Township; Richard Cuccolo, Timothy Hague, Vincent Pabon,
Kirk Rubel, Robert Wise, represented by Larry Holtz, Esq,
(PM2599A) Newark; Thomas Connor Jr., and Alan Nichols,
represented by Larry Holtz, Esq., (PM2604A) Pennsauken
Township; Thomas Farrell, (PM2608A) Rutherford; John
Waldron, represented by Larry Holtz, Esq., (PM2609A)
Sayreville Borough; Anthony Campbell (PM2610A) Somerdale
Borough; William Peer (PM2613A) Union City and Eugene Braun,
(PM2622A) Linden; appeal the written examination for Police
Lieutenant (various jurisdictions).

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

B-77 URSULA GRAGLIA

Ursula Graglia appeals the results of the written
promotional examination for Head Clerk (PS6295P), Department
of Law and Public Safety.

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

B-78 SABRINA CASTANON, ET AL.

Ken McNamara, Staff Representative, Communications Workers
of America (CWA, Local 1037), on behalf of Sabrina Castanon,
Jeanne F. Cuseglio, Yolanda M. Duenas, Deborah L. Ison,
Rosalie Schaffer, ad Mari S. Tirado, petitions the Merit
System Board for reconsideration of its decision rendered on
September 12, 2000, in which their appeals relative to the
promotional examination for Unemployment Insurance Clerk
(PS6865N), Department of Labor, were denied.

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

B-79 ROBIN FOWLER

John Lubitsky, Manager 2, Human Resources, Trenton
Psychiatric Hospital, on behalf of Robin Fowler, appeals the
determination of the Division of Human Resource Information
Services (HRIS) to remove Ms. Fowler's name from the special
reemployment list for Principal Clerk.

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

B-80 SUPERVISORY TEST BATTERY LISTS

The Division of Selection Services requests modification of
the expiration date for 29 Supervisory Test Battery eligible
lists.

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

B-81 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of December
5, 2000 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its
meeting of December 5, 2000.

B-82 MARY JO GLEASON

Mary Jo Gleason 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 Analyst 2 (Accounting) (PS8695I), South Woods
State Prison.

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

B-83 TIM P. HERLIHY

Tim P. Herlihy appeals the determination of the Division of
Selection Services regarding the scoring of the oral
examination for Manager 1, Roadway Design, Transportation
(PS4841T).

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

B-84 JOHN MALEY

John Maley appeals his score on the examination for Deputy
Fire Chief (PM3540A), Harrison. This matter was held over
from the meeting of December 5, 2000.

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

B-85 EARLY SETTLEMENTS

Miriam Choudry
Division of Public Health and Environmental Labs
Department of Health and Senior Services
Resignation not in good standing

Thelma Seabrooks
South Woods State Prison
Department of Corrections
6-day suspension and 54-day suspension

Montaniz Stills
Ann Klein Forensic Center
Department of Human Services
Release at the end of the working test period

Frank Umbrello
Hunterdon Developmental Center
Department of Human Services
10-day suspension

ACTION: The Merit System acknowledged the settlements.

B-86 WILLIAM ARMSTRONG

William Armstrong, a former Police Officer with the City of
Beverly, represented by Charles F. Szymanski, Esq., seeks
enforcement of the Commissioner of Personnel decision,
rendered October 19, 2000, which found good cause to relax
the provisions of N.J.A.C. 4A:4-7.1, to permit Armstrong's
permanent in-title transfer from the City of Beverly to the
City of Camden Police Department.

ACTION: The Merit System Board granted the request.

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

There being no further business before the Merit System
Board, the meeting was adjourned to convene on Tuesday, January
17, 2001, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
JANICE MITCHELL MINTZ
COMMISSIONER
MERIT SYSTEM BOARD
 
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