A regular meeting of the Merit System Board was held on Tuesday, April 10, 2001, in Trenton, New Jersey.

PRESENT: Presiding Board Member, Judith L. Shaw, Merit System Board Members Alan Dexter Bowman, and Leo Vartan; June Forrest, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.

In accordance with L.1975, c.231, Presiding Board Member Judith L. Shaw 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 30, 2000, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Carlos Bonilla, Sr.
City of Passaic
Police Department
Removal and Suspension

In the Matter of Tiowandolynn Coleman
Northern State Prison
Department of Corrections
Removal

In the Matter of Luther Dougherty
Bayside State Prison
Department of Corrections
Suspension

In the Matter of Barbara Grant
New Lisbon Developmental Center
Department of Human Services
Removal

In the Matter of Paul Nolan
College of New Jersey
Suspensions (2) and Removal

In the Matter of Okechukwu Obilo
Greystone Park Psychiatric Hospital
Department of Human Services
Removal

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

ACTION: The Merit System Board acknowledged the settlements.

A-2 EMORY BABBS
Emory Babbs, Laborer, City of Newark, Department of Neighborhood and Recreation Services, suspension for 35 days, on charges of conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the 35-day suspension.

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

A-3 MARIA CARBONE-SONA
Maria Carbone-Sona, Head Clerk, Division of Workers' Compensation, Department of Labor, return to her permanent title of Senior Data Entry Machine Operator at the end of the working test period effective February 28, 2000.

Recommendation of the Administrative Law Judge - Uphold the appellant's return to her permanent title at the end of the working test period.

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

A-4 YUICHI COOPER
Yuichi Cooper, County Correction Officer, Burlington County Jail, suspension for six days, on the charges of neglect of duty and other sufficient cause.

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-5 ROBERT HOBBS
Robert Hobbs, Assistant Food Service Supervisor, Riverfront State Prison, Department of Corrections, suspension for 10 days, on charges of discrimination, including sexual harassment; personal conduct (racial and/or sexual harassment, discrimination and/or retaliation).

Recommendation of the Administrative Law Judge - Modify the 10-day suspension to a five-day suspension.

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

A-6 ROBIN JONES
Robin Jones, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, suspension for 15 days, on the charge of being absent from work as scheduled without permission and without giving proper notice of intended absence.

Recommendation of the Administrative Law Judge - Modify the 15-day suspension to a five-day suspension.

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

A-7 CLAYTON LAWRENCE
Clayton Lawrence, Senior Postal Clerk, Division of Human Resources, Department of Transportation, suspension for 10 days, on the charges of unauthorized absence and other sufficient cause.

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-8 REGINALD LEVEN
Reginald Leven, a Senior Correction Officer at Albert C. Wagner Youth Correctional Facility, Department of Corrections, reassignment and three-day suspension. The basis for the appellant's appeal was retaliation for filing a discrimination complaint.

Recommendation of the Administrative Law Judge - Reverse the suspension.

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

A-9 WILLIAM J. MCGINNIS
William J. McGinnis, County Correction Officer, Burlington County Jail, suspension for six days, on the charges of neglect of duty and other sufficient cause.

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-10 IMANI MUHINDI
Imani Muhindi, Laborer, City of Newark, Department of Neighborhood and Recreational Services, release at the end of the working test period effective November 8, 1999.

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

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

A-11 CATHERINE CERWINSKI
Catherine Cerwinski, Senior Clerk Typist, City of Jersey City, Administration Department, removal effective October 30, 1998, on charges of chronic absenteeism, incompetency and lateness.

Recommendation of the Administrative Law Judge - Uphold the removal on the charges of chronic absenteeism and lateness and impose an additional suspension of three months on the charge of incompetency for failure to complete work.

ACTION: The Merit System Board directed that this matter be remanded to the Office of Administrative Law.

A-12 DONALD HILL

Donald Hill, Senior Correction Officer, Northern State Prison, Department of Corrections, removal effective August 12, 1999 on the charge of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-13 PERLA LARIVAUX
Perla Larivaux, Practical Nurse, County of Passaic, Preakness Hospital, removal effective November 29, 1999, on charges of failure to report to work for five consecutive days without authorization from her supervisor.

Recommendation of the Administrative Law Judge - Modify the removal to a resignation not in good standing.

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

A-14 JOSEPH DENARO
Joseph DeNaro, an Assistant Supervisor of Maintenance Repair, Township of Teaneck, appealed his involuntary reassignment to the title of Assistant Supervisor, Public Works. The appellant asserted that the reassignment was based on retaliation.

Recommendation of the Administrative Law Judge - The matter is deemed withdrawn.

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

SECTION B - MISCELLANEOUS MATTERS
B-1 RANCE L. DEFINA
Rance L. DeFina, represented by Michael L. Prigoff, Esq., appeals his rejection as a Police Officer candidate by the City of Jersey City 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-2 ELIZABETH MALAVE
Elizabeth Malave, represented by Vincent C. Scoca, Esq., appeals her rejection as a Police Officer candidate by the City of Newark and its request to remove her 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 matter be held over.

B-3 PAUL SALANDRA
Paul Salandra, represented by Elise DiNardo, Esq., appeals his rejection as a Police Officer candidate by the City of Jersey City 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-4 JOHN CLARICI
John Clarici, an Institutional Trade Instructor 1, Industrial Finishing, at East Jersey State Prison, Department of Corrections (DOC), appeals the denial of sick leave injury (SLI) benefits.

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

B-5 ANGEL CRUZ
Angel Cruz, a Senior Youth Worker with the Juvenile Justice Commission, represented by David A. Gies, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-6 LILLIE MAE LEE
Lillie Mae Lee, a Cottage Training Technician at 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 granted.

B-7 BENJAMIN NEWTON
Benjamin Newton, a Senior Correction Officer at Northern State Prison, Department of Corrections, represented by Henry Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-8 MARIE NICHOLAS
Marie Nicholas, a Family Service Specialist 3 with the Division of Youth and Family Services, Department of Human Services, represented by Emmanuel A. Lubin, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-9 WALTER PAYNE
Walter Payne, a Senior Parole Officer with the Department of Corrections, appeals the denial of sick leave injury (SLI) benefits. This matter was held over from the March 27, 2001 Board meeting for further review.

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

B-10 VIVIAN PEEPLES
Vivian Peeples, a Senior Correction Officer at Mid-State Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits. This matter was held over from the March 13, 2001 Board meeting for further review.

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

B-11 SHAWN REED
Shawn Reed, a Senior Food Service Handler with Hunterdon Developmental Center (HDC), 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-12 JELLETHER ROBERTSON
Jellether Robertson, a former Practical Nurse with the New Lisbon Developmental Center, Department of Human Services, represented by Robert A. Olkowitz, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-13 ROSEMARIE SEUFERT
Rosemarie Seufert, an Occupational Therapy Assistant 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 granted in part.

B-14 DEANNA SMITH
Deanna Smith, a Principal Clerk Typist with the Senator Garrett W. Hagedorn Gero-Psychiatric Hospital, Department of Human Services, represented by Gary Staples, Staff Representative, CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.

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

B-15 ELMER D. STOUT
Elmer D. Stout, a Senior Groundskeeper at Richard Stockton College of New Jersey, represented by Howard J. Heald, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-16 ROBERT THOMANN
Robert Thomann, a Highway Construction and Bridge Repairer 1 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-17 KATHLEEN VASCONCELOS
Kathleen Vasconcelos, a Teacher 1, 12 Months, with the Office of Education Central Office, 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-18 DORIS WHYTE
Doris Whyte, a Day Care Center Technician 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 granted.

B-19 DEWITT GAMBLE
Dewitt Gamble, a Senior Correction Officer with the Department of Corrections, appeals the decision of Selection Services which upheld the removal of his name from the list for Correction Sergeant (PS7099I) based on his unsatisfactory employment record.

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

B-20 JOSEPH MCCALLA
Joseph McCalla, represented by Michael D. Miller, Esq., appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999V), City of Camden, on the basis of unsatisfactory driving and criminal records.

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

B-21 PATRICIA A. MILLS
Patricia A. Mills, a Senior Personnel Clerk with Newark School District, represented by Arnold S. Cohen, Esq., 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 promotional list for Principal Clerk Typist (PM1029W), Newark School District, on the basis to an unsatisfactory employment record which related adversely to the position sought.

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

B-22 DAVID NIEVES
David Nieves, represented by Anthony J. Fusco, Jr., Esq., appeals the decision of Selection Services which found that the City of Newark had presented a sufficient basis to remove the appellant's name from the Police Officer (S9999V), City of Newark, eligible list on the basis of an unsatisfactory driving record.

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

B-23 THOMAS PICCINICH
Thomas Piccinich, represented by Alan R. Seijas, Esq., appeals the removal of his name from the special reemployment list for Laborer with the Borough of Fairview.

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

B-24 SOLIMAN YOUSSEF
Soliman Youssef, an Auditor 1 with the Department of Health and Senior Services (DHSS), represented by John Seiler, Staff Representative, Communications Workers of America, Local 1034, petitions the Merit System Board for reconsideration of its final administrative decision, rendered on September 12, 2000, which found that Mr. Youssef failed to demonstrate that there existed a basis for the Board to review his unsatisfactory Performance Assessment Review (PAR) rating or that he had been discriminated against based on his age or creed.

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

B-25 NORALDO ARZAYUS
The appeal of Noraldo Arzayus, a Cottage Training Technician at Woodbridge Developmental Center, Department of Human Services, of his removal, effective September 9, 1999 on charges, was heard by Administrative Law Judge Steven C. Reback (ALJ), who rendered his initial decision on December 14, 2000, reversing the removal. At its meeting on March 13, 20001, the Board adopted the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-26 MARSHA LUCASH
The appeal of Marsha Lucash, a Head Nurse with Senator Garett W. Hagedorn Psychiatric Hospital, Department of Human Services, of her removal, effective September 28, 1998 on charges, was heard by Administrative Law Judge John R. Tassini (ALJ), who rendered his initial decision on November 27, 2000. At its meeting on March 13, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to uphold the appellant's removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-27 LUZ ACEVEDO
Luz Acevedo 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 (Bilingual in Spanish and English) (C1118B), Passaic County.

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

B-28 CAROLYN BRADFORD
Carolyn Bradford 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 Clerk (PM2105A), Newark School District.

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

B-29 GUY BRAMONTE, ET AL.
Guy Bramonte, Patricia Dekin and Richard Shields appeal the determination of the Division of Selection Services, which found that they failed to meet the educational requirement for the promotional examination for Section Supervisor, Fiscal Resources (PS9231G), Department of Environmental Protection.

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

B-30 ANTHONY CIARAMELLA AND STEWART SHERIDAN
Anthony Ciaramella and Stewart Sheridan 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 Chief Stationary Engineer (C9001O), Union County.

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

B-31 NYDIA DIAZ
Nydia Diaz appeals the determination of the Division of Selection Services which found that she failed to satisfy eligibility requirements for the promotional examination for Assistant Supervisor, Senior Citizen Activities (PM1302B), Plainfield.

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

B-32 JOSEPH F. EZZI
Joseph F. Ezzi, represented by Mary L. Crangle, Esq., appeals his ineligibility for the promotional examination for Public Works Superintendent (PM0731A), City of Camden.

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

B-33 HENRY FRANCHVILLE
Henry Franchville appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for General Supervisor, Roads (PC0543A), Cape May County.

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

B-34 JOAN FREEMAN
The Human Resources Officer, Department of the Treasury, on behalf of Joan Freeman, appeals the determination of the Division of Selection Services, which found that she did not meet the qualifications for the title of Administrative Assistant 3.

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

B-35 ELIZABETH GIAMBELLUCA, ET AL.
Elizabeth Giambelluca, Patricia Perez, Joyce Richman and Eva Samachson appeal the determination of the Division of Selection Services which found that, per the substitution clause for education, they were below the minimum requirements in experience for the promotional examination for Coordinator, Division of Motor Vehicles (PS8874T), Department of Transportation.

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

B-36 DOREEN HOLSNECK
Doreen Holsneck 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 (PS9365T), Department of Transportation.

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

B-37 GRETCHEN JACOBS
Gretchen Jacobs appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Quality Assurance Specialist, Health Services (PS6820K), Senator Garett W. Hagedorn Center for Geriatrics.

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

B-38 REMINGTON LONDON
Remington London appeals the determination of the Division of Selection Services, which found that he did not meet the education requirement for the open competitive examination for Habilitation Plan Coordinator (S0378A).

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

B-39 RONALD RAYNORE
On behalf of Ronald Raynore, the appointing authority appeals the determination of the Division of Selection Services which found that appellant did not meet the experience requirements for Mechanic UFD (PM2582B), Gloucester Township.

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

B-40 ONSY SALIEB
Onsy Salieb appeals the determination of the Division of Selection Services, which found that he failed to indicate the required licensure or registration for the open competitive examination for Chief Stationary Engineer (C9001O), Union County.

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

B-41 JOHN SCATURRO
John Scaturro 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-42 CARL SKOWRONEK
Carl Skowronek appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Management Information Systems Coordinator (PS5640K), Department of Human Services.

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

B-43 ROBERT STEFANSKI
Robert Stefanski appeals the determination of the Division of Selection Services which found that he was ineligible for the promotional examination for Police Lieutenant (PM2612B), Middletown Township.

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

B-44 JOSEPH M. BUSCO
Joseph M. Busco appeals his score and rank for the promotional examination for Chief Sanitary Inspector (PC0029A), Middlesex County.

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

B-45 BARBARA B. CONTI AND NANCY KASMAR
Barbara B. Conti and Nancy Kasmar appeal their scores on the open competitive examination for Eye Health Nurse (S9024W).

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

B-46 FRANCIS ELOI
Francis Eloi appeals his score for the open competitive examination for Family Service Specialist Trainee (S6152W).

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

B-47 MITCHELL A. KIRKUFF
Mitchell A. Kirkuff appeals his score, rank and the test mode for the promotional examination for Senior Public Works Inspector (PM0418B), Hamilton Township.

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

B-48 MARK KOPINS
Mark Kopins appeals his score on the promotional examination for Analyst 1, Health Care Facilities (PS8179K), Division of Mental Health Services.

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

B-49 GEORGE VALLESE
George Vallese appeals his score for the open competitive examination for Family Service Specialist Trainee (S6152W).

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

B-50 GERALD CIFALDI
Gerald Cifaldi appeals the decision of the Division of Selection Services which found that appellant lacked the required amount of permanent status in a title to which the examination for Police Sergeant (PM2571B), Paterson was open.

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

B-51 SHELTON PEARSON
Shelton Pearson appeals the decision of the Division of Selection Services which found that he was not permanent in a title to which the examination was open for County Correction Sergeant (PC2501C), Essex County.

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

B-52 EVELYN AMATO
The Director, Division of Selection Services, on behalf of Rowan University, requests that Evelyn Amato's out-of-title work experience be accepted to satisfy the experience requirements for admittance to the promotional examination for Secretarial Assistant 3, Non-Stenographic (PS0636J).

ACTION: The Merit System Board granted the request.

B-53 CHIMERE BROOKS AND JULIO CABEZAS
Chimere Brooks and Julio Cabezas appeal the administration of the Entry Level Law Enforcement Examination (S9999B).

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

B-54 D'SHAWN MUWWAKKIL
D'Shawn Muwwakkil appeals the administration of the Entry Level Law Enforcement Examination (S9999B).

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

B-55 SAMUEL SMART
Samuel Smart appeals the decision of the Division of Selection Services denying his request for a make-up examination for Fire Captain (PM3590A), City of Trenton.

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

B-56 MUSA YAMABUSHI
Musa Yamabushi requests a make-up examination for the Law Enforcement Entry level examination (S9999B).

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

B-57 ROBERT APONTE AND PEARLEATHA M. HIGH
Robert Aponte and Pearleatha M. High appeal the appropriateness of specific questions in the promotional examination for Senior Field Representative, Housing (Housing Assistance Program) (PS7416D), Department of Community Affairs.

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

B-58 THOMAS FREEMAN
Thomas Freeman appeals the examination mode of the Public Information Trainee (S6069O) open competitive examination.

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

B-59 ELIZABETH KAMERDZE
Elizabeth Kamerdze, a Program Development Specialist 1, represented by James D. Mulholland, Staff Representative, 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-60 TONI ROSS
Toni Ross, a Probation Officer, represented by Daniel J. Zirrith, Esq., appeals the determination of her PAR grievance by the Judiciary.

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

B-61 JAMES FLANAGAN
James Flanagan, a Human Resource Consultant 3, Department of Personnel, requests Merit System Board review of an official written reprimand issued by the Department of Personnel.

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

B-62 JOHN CARNE
John Carne, represented by Gregory Busch, Esq., petitions the Merit System Board for reconsideration of the decision rendered on October 11, 2000 which denied his appeal regarding his score for the physical performance portion of the open-competitive examination for Fire Fighter (M9999A).

ACTION: The Merit System Board denied the request.

B-63 ANTHONY MAIOLO
Anthony Maiolo appeals the determination of the Division of Selection Services that found he failed to satisfy unit scope eligibility requirements for the promotional examination for Radio Dispatcher (PS2834T), Department of Transportation.

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

B-64 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of March 27, 2001 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of March 27, 2001.

B-65 CELIA TROISI
Celia Troisi, a Public Health Representative 1 with the Department of Health and Senior Services, represented by Jim Mulholland, CWA Local 1034, appeals the denial of sick leave injury (SLI) benefits.

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

B-66 JOINT ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST RUTH MEGARGEE V. DEPARTMENT OF HUMAN SERVICES
Administrative Law Judge (ALJ) Lillard E. Law issued an order of consolidation and predominant interest in which he consolidated the matters and found that the Commissioner of Education had the predominant interest. He further ordered that the Commissioner of Education "shall render the final decision on all issues in controversy" in the matter. Based on this determination, the Board and the Department of Education developed a joint order modifying the ALJ's order. This joint order is now submitted to the Board for consideration and approval.

ACTION: The Merit System Board adopted the joint order of consolidation and predominant interest.

B-67 EARLY SETTLEMENTS
Marcia Austin
Trenton Psychiatric Hospital
Department of Human Services
30-day suspension

Neffatiti M. Boswell
Juvenile Justice Commission
Department of Law and Public Safety
Release at the end of the working test period

Mkiwa Khalid-Peterson
Department of the Treasury
15-day suspension

Ernest McBride
Ann Klein Forensic Center
Department of Human Services
10-day suspension

Jonathan Moragne
Department of Transportation
15-day suspension

Kollin Richardson
Trenton Psychiatric Hospital
Department of Human Services
7-day suspension

Shawn Scott
County of Mercer
Removal

Lionel Watkins
Division of Youth and Family Services
Department of Human Services
Removal

Angela Williams
New Jersey Veterans' Memorial Home at Vineland
Department of Military and Veterans' Affairs
Release at the end of the working test period

ACTION: The Merit System Board acknowledged the settlements.

There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, April 24, 2001, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
JUDITH L. SHAW
PRESIDING BOARD MEMBER
MERIT SYSTEM BOARD