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, June 26, 2001, 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; Elizabeth Laufer, 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 30, 2000, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified. Commissioner Mintz abstained on the changes to the first class plan only.

It is noted that Janice Mitchell Mintz chaired this Board meeting for Section A - Hearing Matters. Due to the absence of Janice Mitchell Mintz for the remainder of the meeting, Margaret E.L. Howard presided for Section B - Miscellaneous Matters.

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.

TO: Janice Mitchell Mintz
Commissioner

Henry Maurer, Director
Merit System Practices and Labor Relations

FROM: Marjorie Schwartz, Director
Human Resource Management

SUBJECT: Change in the State Classification Plan

DEPARTMENT OF PERSONNEL
OFFICE OF EXTERNAL AFFAIRS

The Department of Personnel is requesting that the following job function be reallocated to the Senior Executive Service. Based upon a review of the duties and its position in the organization, it appears to be consistent with the standards established for inclusion in the Senior Executive Service. Your approval of the reallocation for the following position number from the career service to the Senior Executive Service is recommended.

Reallocation of Service

Effective Date: April 30, 2001

From: Position #007946

To: Position #007946

VOTE:

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

DATE: June 4, 2001

TO: Janice Mitchell Mintz, Commissioner
Henry Maurer, Director, MSP&LR

FROM: Marjorie Schwartz
Director, HRM

SUBJECT: Change in State Classification Plan

The Department of Human Services is requesting that the following job functions be reallocated to the Senior Executive Service.

Your approval of the reallocation for the following position numbers from the Career Service to the Senior Executive Service is recommended. A review of the assigned job functions has been conducted and the positions meet the standards established for inclusion in the Senior Executive Service.

Reallocation of Service

Effective Date: 5/5/01

From: 054034, Assistant Regional Administrator, Business Operations (M32-62147)
To: 054034, Senior Executive Service (M98 - 90752)

From: 056978, Assistant Regional Administrator, Business Operations (M32-62147)
To: 056978, Senior Executive Service (M98- 90752)

From: 050277, Assistant Regional Administrator, Business Operations (M32-62147)
To: 050277, Senior Executive Service (M98-90752)

From: 912180, Assistant Regional Administrator, Business Operations (M32-62147)
To: 912180, Senior Executive Service (M98-90752)

From: 912141, Assistant Regional Administrator, Business Operations (M32-62147)
To: 912141, Senior Executive Service (M98-90752)

The five incumbents, who have been endorsed by the Administrator and the Department, have all agreed to be appointed to the Senior Executive Service to properly reflect the level of responsibility assigned to them. The Department has requested that they be exempt from statewide employment posting requirements.

These 5 positions will report to the Administrator, Administrative Operations and oversee Adoption Operations, in addition to the Central, Metropolitan, Northern and Southern regions.

They will be responsible for management of physical, fiscal and human resources for 7 to 12 district offices, adoption resource centers (regional training centers as appropriate) per region. In addition, they have significant responsibility for purchase of service contract negotiation, monitoring and evaluation. As such, this responsibility profoundly impacts on clients and the social service community.

These positions also serve in a leadership role in the broader child welfare community as participants in the development of creative solutions to the complex needs of the children and families of New Jersey.

Position #054034
Manages the Adoption Operation Centers

Position #056978
The second position manages the Central Region.

Position #050277
The third position manages the Metropolitan Region.

Position #912180
The fourth position manages the Northern Region.

Position#912141
The fifth position manages the Southern Region.

Based on the above information, it is recommended that the five encumbered positions be placed in the Senior Executive Service. All positions are currently filled and it is anticipated that the five incumbents will move to the Senior Executive Service along with their respective positions.

DATE: June 4, 2001

TO: Janice Mitchell Mintz, Commissioner
Henry Maurer, Director, MSP&LR

FROM: Marjorie Schwartz
Director, HRM

SUBJECT: Change in State Classification Plan

The Department of Human Services is requesting that the following job functions be reallocated to the Senior Executive Service.

Your approval of the reallocation for the following position numbers from the Career Service to the Senior Executive Service is recommended. A review of the assigned job functions has been conducted and the positions meet the standards established for inclusion in the Senior Executive Service.

Reallocation of Service

Effective Date 5/5/01

From: 905486, Assistant Regional Administrator, Service Operations (M32-62145)
To: 905486, Senior Executive Service (M98-90752)

From: 912192, Assistant Regional Administrator, Service Operations (M32-62145)
To: 912192, Senior Executive Service (M98-90752)

From: 059978, Assistant Regional Administrator, Service Operations (M32-62145)
To: 059978, Senior Executive Service (M98-90752)

From: 912186, Assistant Regional Administrator, Service Operations (M32-62145)
To: 912186, Senior Executive Service (M98-90752)

From: 925644, Assistant Regional Administrator, Service Operations (M32-62145)
To: 925644, Senior Executive Service (M98-90752)

From: 905487, Assistant Regional Administrator, Service Operations (M32-62145)
To: 905487, Senior Executive Service (M98-90752)

From: 914483, Assistant Regional Administrator, Service Operations (M32-62145)
To: 914483, Senior Executive Service (M98-90752)

From: 053594, Assistant Regional Administrator, Service Operations (M32-62145)
To: 053594, Senior Executive Service (M98-90752)

From: 909670, Assistant Regional Administrator, Service Operations (M32-62145)
To: 909670, Senior Executive Service (M98-90752)

From: 905766, Assistant Regional Administrator, Service Operations (M32-62145)
To: 905766, Senior Executive Service (M98-90752)

From: 056592, Assistant Regional Administrator, Service Operations (M32-62145)
To: 056592, Senior Executive Service (M98-90752)

The eleven incumbents, who have been endorsed by the Administrator, have all agreed to be appointed to the Senior Executive Service to properly reflect the level of responsibility assigned to them. The Department has requested that they be exempt from statewide employment posting requirements.

These eleven positions will report to the Administrator, Operations, DYFS

These positions are responsible for direct service field operations, which includes having overall responsibility for the activities of DYFS district offices, adoption resource centers and residential treatment centers (RTC); adoption and foster home recruitment/placement; and the implementation of policy for those program areas. As such, they oversee an operation consisting of approximately 7 to 12 district offices/adoption resource centers and RTCs (as appropriate) per region. Most recently, direct service ARA's have played a critical role in implementing the Division's Permanency Planning Initiative in response to the federal Adoption and Safe Families Act (ASFA). In addition, their influence will be paramount as the Division moves forward on the implementation of its Structured Decision-Making Initiative. They also serve in a leadership role in the broader child welfare community as participants in the development of creative solutions to the complex needs of the children and families of New Jersey.

Position# 905486
Metropolitan Region

Position #912192
Metropolitan Region

Position #059978
Metropolitan Region.

Position #912186
Metropolitan Region

Position #925644
Adoption Operations Office

Position #905487
Northern Region

Position #914483
Northern Region

Position #053594
Central Region

Position #909670
Central Region

Position # 905766
Southern Region.

Position # 056592
Southern Region.

Based on the above information, it is recommended that the eleven positions be placed in the Senior Executive Service. All positions are currently filled and it is anticipated that the eleven incumbents will move to the Senior Executive Service along with their respective positions.

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Jeffrey Bruckler
Bayside State Prison
Department of Corrections
Removal

In the Matter of Benjamin Byrd
Bayside State Prison
Department of Corrections
Removal

In the Matter of Clarence Carmichael
Woodbine Developmental Center
Department of Human Services
Release at the end of the working test period

In the Matter of Jeffrey A. Crawford
Department of Public Works
County of Essex
Layoff

In the Matter of Joyce Jones
Ancora Psychiatric Hospital
Department of Human Services
Removal

In the Matter of Janet Molina
New Lisbon Developmental Center
Department of Human Services
Removal

In the Matter of Yvonne Richmond
Greystone Park Psychiatric Hospital
Department of Human Services
Release at the end of the working test period

In the Matter of Bernadette Rosado
Developmental Disabilities
Department of Human Services
Counsel fees

In the Matter of Cynthia Walker
Department of Human Services
County of Mercer
Suspension and Removal

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

ACTION: The Merit System Board acknowledged the settlements.

A-2 JEFFREY SIENKIEWICZ
Jeffrey Sienkiewicz, Correction Sergeant, New Jersey State Prison, Department of Corrections, 30-day suspension on charges of failure or excessive delay in carrying out an order which may result in danger to persons or property and violation of a rule, regulation, policy, procedure, order or administrative decision.

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

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

A-3 ROY TROTTA, JR.
Roy Trotta, Jr., Sheriff's Officer, Sheriff's Department, County of Atlantic, 15-day suspension on the charge of violation of the rules and regulations of the Atlantic County Sheriff's Office.

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-4 TYRONE BURTON
Tyrone Burton, Youth Worker, Division of Youth and Family Services, Department of Human Services, removal effective May 6, 1999, on charges of abuse of a resident, misuse of position, and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Dismiss the appeal on the basis of the Court's determination of appellant's forfeiture of employment.

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 matter of A-5 Stephanie Jones. The Board subsequently reconvened the public meeting.

A-5 STEPHANIE JONES
Stephanie Jones, County Correction Officer, Department of Public Safety, County of Essex, removal effective July 15, 1997, on charges of unfitness for duty, conduct unbecoming a public employee, and other sufficient cause (violation of a settlement agreement).

Recommendation of the Administrative Law Judge - Uphold the removal on the charge of conduct unbecoming a public employee and dismiss the charges that the appellant was unfit for duty and in violation of the settlement agreement.

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

A-6 ELDRIDGE LORE

Eldridge Lore, Crew Supervisor, Electricians, Bayside State Prison, Department of Corrections, removal effective May 1, 2000, on charges of conduct unbecoming a public employee; verbal abuse of an inmate, patient, client, resident or employee; improper or unauthorized contact with inmates; and undue familiarity with inmates, parolees, their families or friends.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-7 GLORIA MAXWELL-ABEBE
Gloria Maxwell-Abebe, Housing Manager, Newark Housing Authority, removal effective December 17, 1999, on the charge of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

VOTE:

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

A-8 OLAYINKA A. OLANIPEKUN
Olayinka A. Olanipekun, Director of Traffic and Transportation, Department of Public Works, City of Trenton, removal effective May 11, 2000, on the charge of failure to comply with the city residency ordinance.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-9 AARON ROYSTER

Aaron Royster, Senior Correction Officer, Northern State Prison, Department of Corrections, removal effective April 20, 2000, on charges of conduct unbecoming a public employee; neglect of duty; other sufficient cause; leaving assigned work area without permission; creating a danger to persons or property; loafing, idleness or willful failure to devote attention to tasks which could result in danger to persons or property; and violation of administrative procedures and or regulations involving safety and security.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-10 JOHN J. VALENTI - SETTLEMENT
John Valenti, Traffic Maintenance Worker, County of Atlantic, Department of Public Works, removal effective October 18, 1996, on the charge of inability to perform essential functions of position. Settled to a resignation in good standing.

Recommendation of the Administrative Law Judge - Dismiss the matter.

ACTION: The Merit System Board acknowledged the settlement.

VOTE:

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

A-11 GREGORY A. JONES - SETTLEMENT
Gregory A. Jones, Senior Radio Dispatcher, Department of Transportation and Infrastructure, County of Mercer, 10-day suspension on charges of chronic and excessive absenteeism and pattern absenteeism. Settled to a six-day suspension and reimbursement of two days back pay.

Recommendation of the Administrative Law Judge - Acknowledge the settlement.

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

SECTION B - MISCELLANEOUS MATTERS
B-1 CHRISTOPHER BARRY
Christopher Barry appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-2 JUAN C. BETANCOURTH
Juan C. Bethancourth, represented by Peter J. Cresci, Esq., appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections 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 referred the matter for an independent psychological examination.

B-3 CHRISTOPHER DORAN
Christopher Doran appeals his rejection as a Ranger Trainee candidate by the Department of Environmental Protection and its request to remove his name from the eligible list for Ranger Trainee 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 CHRISTOPHER GREGG
Christopher Gregg, represented by Thomas Balint, Jr., Esq., appeals his rejection as a Sheriff's Officer candidate by Mercer County and its request to remove his name from the eligible list for Sheriff's Officer (S9999A) on the basis of medical unfitness to perform effectively the duties of the position.

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

B-5 WILLIE HAMPTON
Willie Hampton appeals his rejection as a Correction Officer Recruit candidate by the New Jersey Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit (S9999A) on the basis of medical unfitness to perform effectively the duties of the position.

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

B-6 DENNIS C. MAZOL
Dennis C. Mazol appeals his rejection as a Truck Driver candidate by the Town of Kearny and its request to remove his name from the eligible list for Truck Driver (PM2865A) on the basis of medical unfitness to perform effectively the duties of the position.

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

B-7 RICHARD J. VERFAILLIE
Richard J. Verfaillie appeals his rejection as a County Correction Officer by Camden County and its request to remove his name from the eligible list for County Correction Officer (S9999A) on the basis of medical unfitness to perform effectively the duties of the position.

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

B-8 JUDITH CLARK
Judith Clark, a Customer Service Information Specialist 3 with the Department of Transportation, represented by Jesse J. Averhart, Executive Vice President, CWA Local 1033, appeals the denial of sick leave injury (SLI) benefits.

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

B-9 STEVEN HOWE
Steven Howe, an Operating Engineer 1 with the Juvenile Justice Commission, appeals the denial of sick leave injury (SLI) benefits.

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

B-10 PATRICIA SHUFORD
Patricia Shuford, a Senior Correction Officer at Northern State Prison, Department of Corrections, represented by Mark D. Kurdyla, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-11 CHARLES BALCER
Charles Balcer appeals the decision of Selection Services which removed the appellant's name from the Code Enforcement Officer Trainee (M60730), Jersey City eligible list, due to the appellant's failure to appear for a scheduled interview.

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

B-12 ROGER FERNANDEZ
Roger Fernandez appeals the decision of Selection Services, which found that the appointing authority had sufficiently documented and supported its request to remove his name from the eligible list for Sheriff's Officer, Bilingual in Spanish and English (S9999W), Monmouth County, on the basis of an unsatisfactory background report.

ACTION: The Merit System Board directed that this appeal be granted and reflected on the certification that the appellant's name was bypassed.

B-13 MARY FRANCES KULPA
Mary Frances Kulpa appeals the decision of Human Resource Information Services, which found that the appointing authority had presented a sufficient basis to remove her name from the eligible list for Family Service Specialist Trainee (S6086O), Department of Human Services, on the basis that she indicated she was no longer interested in the certified locations.

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

B-14 DUANE SKJEVELAND
Duane Skjeveland, represented by Richard J. Weber, Esq., appeals the decision of Selection Services, which found that the appointing authority had sufficiently documented and supported its request to remove his name from the eligible list for Correction Officer Recruit (S9999W), Department of Correction on the basis of an unsatisfactory background report.

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

B-15 GEORGE NEDWED, JR.
George Nedwed, Jr., appeals the decision of Human Resource Information Services (HRIS) which restored his name to the Administrative Analyst 1 Data Processing (S1663T) eligible list, but only for future certifications.

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

B-16 EMILE MORENCY

The Department of the Treasury appeals the decision of Human Resource Information Services which found that the appointing authority did not present a sufficient basis to bypass Emile Morency on the Assistant Engineer in Charge Maintenance 1 (PS8094U), Department of the Treasury, eligible list.

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

B-17 CHRISTOPHER STRUCK
Christopher Struck, represented by John J. Segreto, Esq., appeals the decision of Selection Services which upheld his bypass on the list for Police Officer (S9999V), Borough of Butler.

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

B-18 PAUL ANYEJI
Paul Anyeji, a Family Service Specialist 1 with the Division of Youth and Family Services, Department of Human Services (DHS), appeals the determination of DHS, which found that he failed to present sufficient evidence to support a finding of probable cause that he had been discriminated against based on his race, color, or national origin in violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-19 JOHN COTTEN
John Cotten, a Senior Correction Officer with Mid-State Correctional Facility, Department of Corrections, appeals the determination of the Director, Equal Employment Division (EED), with the DOC, stating that the appellant failed to state a claim within the jurisdiction of the EED.

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

B-20 WILLIAM CICCONE
Willam Ciccone, a Home Instructor for the Commission for the Blind and Visually Impaired (CBVI), Department of Human Services (DHS), appeals the attached decision of the Executive Director, CBVI, DHS, which found that he failed to present sufficient evidence that he was discriminated against on the basis of a disability in violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-21 SHIRLEY FISHMAN
Shirley Fishman, an Education Program Development Specialist, Special Education, with the Jamesburg Medium Security Facility, Juvenile Justice Commission, appeals the determination of the Office of the Attorney General (OAG), that the appellant failed to present sufficient evidence to support a finding of probable cause that she had been retaliated against on the basis of her filing a discrimination complaint, in violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environment in the Workplace.

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

VOTE:

Janice Mitchell Mintz (Yes)
Margaret E. L. Howard (Abstained)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

B-22 ALMA M. JOSEPH AND HENRY V. SMITH
Alma M. Joseph and Henry V. Smith, both employed in the Senior Executive Service with the Department of Personnel, appeal the determinations of the Commissioner of the DOP, finding that there was no probable cause that they had been discriminated against based on their race, color or ancestry, in violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-23 CAROLYN MATTHEWSON
Carolyn Matthewson, a Senior Training Technician at Greystone Park Psychiatric Hospital, Department of Human Services (DHS), represented by Benjamin Spivak, Senior Staff Representative, CWA, Local 1040, appeals the determination of the DHS, which found that she failed to present sufficient evidence to support a finding of probable cause that she had been retaliated against for filing a previous discrimination complaint or discriminated against based on her race, color or age in violation of New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the workplace.

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

B-24 DIANE O'HARA
Diane O'Hara, an Investigator 1 with the Division of Youth and Family Services, Department of Human Services, appeals the decision of the Assistant Commissioner for Human Resources, partially granting her request for a reasonable accommodation.

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

B-25 JEROME PITT
Jerome Pitt, a Human Services Technician with Ancora Psychiatric Hospital, Department of Human Services, appeals the decision of the Assistant Commissioner of Human Resources denying his request for a reasonable accommodation.

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

B-26 ROBERT ROMANISHIN
Robert Romanishin, a Senior Correction Officer with Southern State Correctional Facility, Department of Correction (DOC), appeals the determination of the Director, Equal Employment Division, With the DOC, stating that the appellant failed to present sufficient evidence to support a finding of probable cause that he had been discriminated against based on his ender, or had been subject to sexual Harassment or Hostile Environments in the Workplace.

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

B-27 MARY O'MALLEY
Mary O'Malley, a Secretarial Assistant 2 with the Department of Environmental Protection (DEP), represented by David B. Beckett, Esq., requests reconsideration of the Merit System Board decision, In the Matter of Mary O'Malley, Department of Environmental Protection (MSB, decided September 12, 2000), which denied her claim for sick leave injury (SLI) benefits.

ACTION: The Merit System Board denied the request.

B-28 RICARDO NAZARIO
Ricardo Nazario requests reconsideration of the Merit System Board decision, rendered February 14, 2001, regarding his restoration to the S9999W eligible list and eligibility to sit for the S9999A and S9999B examinations.

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

B-29 MICHAEL GALLAGHER
Michael Gallagher, a Correction Sergeant, New Jersey State Prison, represented by John H. Rittley, Esq., appeals an official written reprimand issued by the Department of Corrections.

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

B-30 GARY HIRSCH
Gary Hirsch, a Senior Probation Officer, represented by Dena E. Epstein, Esq., appeals the determination of his PAR grievance by the Judiciary.

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

B-31 RUSSELL K. LAYTON
Russell K. Layton, a Chief Housing Inspector with the City of Bloomfield, challenges his transfer from the Department of Health to the Building Department and the reduction in his scale of compensation.

ACTION: The Merit System Board directed that Mr. Layton be returned to his position as a Housing Inspector with the Department of Health.

B-32 MILDRED MCARTHUR
Mildred McArthur, a Head Cottage Training Supervisor, Hunterdon Developmental Center, represented by Robert O. Yaeger, Principal Staff Representative, CWA Local 1040, appeals an official written reprimand issued by the Department of Human Services.

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

B-33 WILLIAM MOLIENS
William Moliens, Correction Sergeant, appeals an Official Written Reprimand issued by the Department of Corrections.

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

B-34 JOHN MORTON
John Morton, a former Program Monitor with the City of Asbury Park, appeals his resignation in good standing effective May 15, 2001.

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

B-35 SUPERVISING REPRESENTATIVE, CITIZEN COMPLAINTS
(M6091O & M6633A) JERSEY CITY

The appointing authority requests permission not to make an appointment from the certification for Supervising Representative, Citizen Complaints (M6091O & M6633A) Jersey City.

ACTION: The Merit System Board granted the request for appointment waiver but assessed costs of the selection process in the amount of $2,048.

B-36 PRINCIPAL PAYROLL CLERK (M7648B), STATE OPERATED SCHOOL DISTRICT OF THE CITY OF NEWARK
The appointing authority's failure to properly dispose of the certification for Principal Payroll Clerk, while a provisional appointee is serving in the title, has been referred to the Merit System Board for enforcement.

ACTION: The Merit System Board ordered the appointing authority to remove the provisional appointee, make an appointment from the certification and pay compliance costs.

B-37 SCHOOL NURSE'S AIDE (M1262B), STATE OPERATED SCHOOL DISTRICT OF THE CITY OF NEWARK
The appointing authority's failure to properly dispose of the certification for School Nurse's Aide, while a provisional appointee is serving in the title, has been referred to the Merit System Board for enforcement.

ACTION: The Merit System Board ordered the appointing authority to remove the provisional appointee, make an appointment from the certification and pay compliance costs.

B-38 ROBERT HOBBS
The appeal of Robert Hobbs, an Assistant Food Service Supervisor at Riverfront State Prison, Department of Corrections, of his 10-day suspension on charges, was heard by Administrative Law Judge Robert W. Scott (ALJ), who rendered his initial decision on March 2, 2001, modifying the 10-day suspension to a five-day suspension. At its meeting on April 10, 2001, the Board did not adopt the ALJ's recommendation. Rather, the Board modified the penalty to a two-day suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE:

Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Abstained)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

B-39 CATHERINE CERWINSKI
The appeal of Catherine Cerwinski, a Senior Clerk Typist with the City of Jersey City, of her removal effective October 30, 1998 on charges, was heard by Administrative Law Judge Edith Klinger (ALJ), who rendered her initial decision on March 2, 2001. At its meeting on April 10, 2001, the Merit System Board did not adopt the ALJ's recommendation to uphold the removal and impose an additional three-month 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 adopted the final decision.

VOTE:

Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Abstained)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

B-40 MARIA AMODEO
Maria Amodeo appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the promotional examination for Head Data Entry Machine Operator (PS3316K), Division of Youth and Family Services.

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

B-41 ELLIOT ARSHAN
Elliot Arshan appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the promotional examination for Management Improvement Specialist 2 (PS3438K), Ancora Psychiatric Hospital.

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

B-42 THERESA B. CARRIGAN, ET AL
Theresa B. Carrigan, Michele K. Pulse, Ragini D. Shah and Ann Y. Shan appeal the determinations of the Division of Selection Services, which found that they did not meet the experience requirement for the promotional examination for Head Clerk Bookkeeper (PS0775J), William Paterson University.

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

B-43 BARBARA CARTER
Barbara Carter appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the promotional examination for Head Data Entry Machine Operator (PS3316K), Division of Youth and Family Services.

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

B-44 MARY MARGARET DAVIS
Mary Margaret Davis appeals the determination of the Division of Selection Services which found that she did not meet the experience requirement for the Administrative Secretary/Office Services Manager (PM3007A), City of Asbury Park promotional examination.

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

B-45 MILDRED FARRIOR
Mildred Farrior appeals the determination of the Division of Selection Services which found that, per the substitution clause, she was below the minimum requirements in experience for the promotional examination for Contract Administrator 2 (PS2226H), Department of Health and Senior Services.

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

B-46 ROBERTA HOLT
Roberta Holt appeals the determination of the Division of Selection Services which found that she did not meet the experience requirement for the Administrative Secretary/Office Services Manager (PM3007A) City of Asbury Park promotional examination.

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

B-47 DARLENE HUYLER
Darlene Huyler appeals the determination of the Division of Selection Services which found that, per the substitution clause, she was below the minimum requirements in experience for the promotional examination for Contract Administrator 2 (PS2226H), Department of Health and Senior Services.

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

B-48 JULIA MOORE AND DONYELL THOMPSON
Julia Moore and Donyell Thompson appeal the determination of the Division of Selection Services that they did not meet the experience requirements for the open competitive examination for Personnel and Labor Analyst 1 (S6331B).

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

B-49 DEBORAH REYNOLDS
Deborah Reynolds appeals the determination of the Division of Selection Services which found that she did not meet the experience requirement for the promotional examination for Purchasing Assistant (PC2058A), Camden County.

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

B-50 CHRISTER SHANNON
Christer Shannon appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Technical Assistant 3, Community Affairs (PS0520D), Department of Community Affairs.

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

B-51 WENDY SMITH
Wendy Smith appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Administrative Analyst 1 (PS0502T), Department of Transportation, Division of Aeronautics.

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

B-52 JOAN TAUB
Joan Taub appeals the determination of the Division of Selection Services, which found that she did not meet the requirements for the promotional examination for Library Director (PM0158D), Belleville.

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

B-53 KENNETH CROWELL
Kenneth Crowell appeals his score for the promotional examination for Supervising Family Service Specialist 1 (PS9506K), Division of Youth and Family Services, Department of Human Services.

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

B-54 LORENE S. WILKERSON
Lorene S. Wilkerson 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 Development Specialist (PS6999K), Division of Youth and Family Services.

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

B-55 EDWARD JONES
Edward Jones appeals his score on the promotional examination for Crew Supervisor, Painter (PS9946J), at the Richard Stockton College of New Jersey.

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

B-56 FREDA MUNGO MOORE
Freda Mungo Moore appeals her score for the promotional examination for Supervising Family Service Specialist 1 (PS9506K), Division of Youth and Family Services, Department of Human Services.

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

B-57 RAYMOND BAUSANO
The Deputy Director, Division of Selection Services, on behalf of the Department of the Treasury, requests that Raymond Bausano's out-of-title work experience be accepted to qualify him for a lateral title change to Technician, Management Information Systems.

ACTION: The Merit System Board granted the request.

B-58 MARYLEE BEEBE
The Deputy Director, Division of Selection Services, on behalf of the Division of Medical Assistance & Health Services, requests that MaryLee Beebe's out-of-title work experience be accepted to qualify her for a lateral title change to Claims Reviewer Medical Assistance & Health Services.

ACTION: The Merit System Board granted the request.

B-59 FLETCHER STOKLEY
Fletcher Stokley appeals the determination of the Division of Selection Services which found that he filed the application with the required fee after the announced application filing deadline for the open competitive examination for Custodian (M9330A), Newark School District.

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

B-60 POLICE SERGEANT (PM3220S), JERSEY CITY
Robert Cairns, John Cavaliere, Mark Cowen, Kevin Guy, William Logan, Peter Mesa, Frank Scarpa and John Warlikowski, represented by Sanford Oxfeld, Esq., seek review of the good faith of their demotion from the title of Police Sergeant. Appellants also seek revival of the list for Police Sergeant (PM3220S), Jersey City, (certification L9914442) as a special reemployment list. The Jersey City Police Officer's Benevolent Association (POBA), represented by Sidney H. Lehmann, Esq., opposes the request for reemployment rights and seeks to have Police Sergeant appointments made from the new Police Sergeant (PM2528A) eligible list. These appeals have been consolidated due to common issues.

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

B-61 RAFAEL GOMEZ
Rafael Gomez, a Truck Driver Single Axle with the Department of Transportation, represented by Stephen M. Sammarro, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-62 SHARON MCLEAN-JAMES
Sharon McLean-James, a Senior Correction Officer with New Jersey State Prison, Department of Corrections (DOC), represented by H. Lee Wearing, Esq., appeals the determination of the Director of Equal employment Division with the DOC, stating that the appellant failed to present sufficient evidence to support a finding of probable cause that she had been sexually harassed, or discriminated against based on her affectional or sexual orientation, or had been retaliated against in violation of the New Jersey State Policy Prohibiting Discrimination, Harassment, or Hostile Environments in the Workplace.

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

B-63 EDWINA HIBEL
Edwina Hibel appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove her name from the eligible list for Probation Officer (Child Support Enforcement) (S0316W), Passaic County Vicinage, on the basis of an unsatisfactory employment record.

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

B-64 SIDNEY SNEAD
Sidney Snead appeals the determination of Human Resource Information Services, which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Court Representative, Board of Education (M6770A), Newark School District, on the basis that he lacked the required experience.

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

B-65 DEBORAH KOPP
Deborah Kopp, a Principal Investigator Secured Facilities, Department of Corrections, appeals to the Merit System Board of the appointing authority's denial of her request for counsel fees as a result of the dismissal of disciplinary charges at her departmental hearing.

ACTION: The Merit System Board denied the request for counsel fees.

B-66 NUEVA ELMA
Nueva Elma, Senior Executive Service, appeals the determination of her PAR grievance by the Board of Public Utilities.

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

B-67 VALENTINA RICHARDSON
The appeal of Valentina Richardson, a Juvenile Detention Officer with Hudson County, of her removal on charges, effective June 10, 1998, was heard by Administrative Law Judge Ken R. Springer (ALJ), who rendered his initial decision on April 12, 2001. The Merit System Board (Board) at its meeting on May 22, 2001, adopted the ALJ's recommendation to modify 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 adopted the final decision.

VOTE:

Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)

B-68 WILBERTO RIVERA
The appeal of Wilberto Rivera, a Police Sergeant with the City of Newark, of his 30-day suspension on charges, was heard by Administrative Law Judge Robert J. Giordano (ALJ), who rendered his initial decision on February 1, 2001, upholding the 30-day suspension. At its meeting on May 22, 2001, the Board adopted the ALJ's recommendation to uphold the 30-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-69 SHAMMI BHATIA
Shammi Bhatia appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the promotional examination for Supervising Accountant (PS9471K), Division of Family Development.

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

B-70 FAITH JONES
Faith Jones appeals the determination of the Division of Selection Services which found that, per the substitution clause, she was below the minimum requirements in experience for the promotional examination for Instructor Counselor (PS9236K), Greystone Park Psychiatric Hospital.

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

B-71 BHULESHWAR S. DARJI, ET AL.
Bhuleshwar S. Darji, Hossein Abedini, Sowatta S. Eap, Robert H. Flanegan, Rajesh C. Patel, Ramesh N. Patel, Harshad B. Ringwala, David M. Rogers, and Shi-Chaun Shu, represented by Steven P. Weissmann, Esq., appeal the determination of the Division of Selection Services regarding the scoring of the promotional examination for Project Engineer, Structural Evaluation (PS909)T), Department of Transportation.

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

B-72 RULE PROPOSAL: NEW RULES N.J.A.C. 4A:4-7.1A AND 4A:6-3.5. AMENDMENTS TO N.J.A.C. 4A:4-2.15, 3.7, 7.1 AND 7.4; 4A:6-1.2, 1.3 AND 1.9; 4A:8-2.3 AND 2.4; AND 4A:10-2.2 (INTERGOVERNMENTAL TRANSFERS)
It is recommended that the proposed new rules and amendments to establish an intergovermental transfer program be approved for publication in the New Jersey Register.

ACTION: The Merit System Board approved the proposed new rules and amendments for publication in the New Jersey Register.

B-73 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of June 12, 2001 are submitted for adoption.

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

B-74 REQUEST FOR INTERIM NONCOMPETITIVE APPOINTMENTS IN THE DEPARTMENT OF TRANSPORTATION
The Director, Division of Human Resource Management, requests that N.J.A.C. 4A:3-1.2(e) be relaxed to permit the seven positions in the Department of Transportation's Division of Maritime Services to be allocated to the noncompetitive division of the career service on an interim basis in accordance with N.J.A.C. 4A:3-1.2(c)3. The Department of Transportation also requests that N.J.A.C. 4A:6-1.2(a) be relaxed to allow the subject individuals to retain their twenty-day vacation benefit pursuant to the State unclassified vacation plan.

ACTION: The Merit System Board granted the request.

B-75 JOHN PACHON
John Pachon, represented by Dena E. Epstein, Esq., requests that he be appointed from the list for Fire Fighter (M0777U) with the City of West New York based on the fact that he received and passed a medical and psychological examination.

ACTION: The Merit System Board granted the request.

B-76 WILLIAM WILLIAMS
The appeal of William Williams, a Laborer Heavy with the City of Trenton, Department of Public Works, of his removal, effective July 30, 1999, on charges, was heard by Administrative Law Judge Robert W. Scott (ALJ), who rendered his initial decision on March 14, 2001. At its meeting on May 22, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to reverse 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.

VOTE:

Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)

B-77 REGINALD LEVEN
The appeal of Reginald Leven, a Senior Correction Officer at Albert C. Wagner Youth Correctional Facility, Department of Corrections (DOC), of the determination of the Director, Equal Employment Division, with the DOC, stating that the appellant failed to present sufficient evidence to support a finding of probable cause that he had been a victim of retaliation was heard by Administrative Law Judge Anthony T. Bruno (ALJ). Appellant also appealed his three-day suspension arising out of the same events as his retaliation claim. The ALJ also heard this disciplinary matter and rendered his initial decision on February 26, 2001. At its meeting on May 22, 2001, the Board adopted the ALJ's recommendation to reverse the suspension. However, the Board did not accept his conclusion that appellant's proofs established that he had been a victim of retaliation. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE:

Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)

B-78 ROSE PRELL
The Division of Human Resource Management (HRM), Department of Personnel, requests Merit System Board (Board) enforcement of its determination that Rose Prell be reinstated to her position of Administrative Secretary, Department of Revenue and Finance, Township of Irvington.

ACTION: The Merit System Board granted the request.

B-79 SALARY REGULATIONS, FY 2001 (SUPPLEMENT 4)
Salary Regulations, Supplement 4, Section 1 - Aligned-Troopers, for Fiscal Year 2001. The Supplement Concerns increments and across the board salary increases.

ACTION: The Merit System Board recorded the salary regulations.

B-80 EARLY SETTLEMENTS
Ginger Happe
Mountainview Youth Correctional Facility
Department of Corrections
Back pay dispute

Rasheem L. Jones
Commission for the Blind and Visually Impaired
Removals (3) and Suspensions (2)

Eric Loud
County of Atlantic
Department of Public Safety
Removal

Richard McNeil
County of Atlantic
Department of Public Safety
Removal

Frank Muse
County of Gloucester
Department of Public Works
Removal

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, July 17, 2001, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
MARGARET E. L. HOWARD
PRESIDING BOARD MEMEBER

 
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