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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
Judith L. Shaw
Leo R. Vartan

Due to the national crisis, the Merit System Board unexpectedly adjourned its meeting of September 11, 2001 and did not vote on any of the agenda items. A special meeting of the Merit System Board was held on Tuesday, September 18, 2001, in Trenton, New Jersey to consider and render determinations on the matters listed on the agenda of September 11, 2001.

PRESENT: Chairwoman Janice Mitchell Mintz, Merit System Board Members, Alan Dexter Bowman, Judith L. Shaw, and Leo Vartan; June Forrest, Deputy Attorney General; and Elizabeth Napolitano, Manager, 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 September 14, 2001, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

It should be noted that Board Member Alan Dexter Bowman was not present for items A-1 or A-2.

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Ihsan Barsoum
Department of Corrections
Sick Leave Injury Benefits

In the Matter of Earl Billue
Vineland Developmental Center
Department of Human Services
Resignation not in good standing

In the Matter of Darrell Chisolm
City of Jersey City
Department of Public Works
Removal

In the Matter of Angel M. Cruz, Jr.
New Jersey State Prison
Department of Corrections
Removal

In the Matter of Chester Green
Township of Belleville
Department of Public Works
Removal

In the Matter of Jerry M. Heater
County of Sussex
Department of Health and Public Safety
Removal

In the Matter of Katrice Riche, Sr.
Riverfront State Prison
Department of Corrections
Removal

In the Matter of Daphne Showell
New Jersey Department of Transportation
Release at the end of the working test period

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

ACTION: The Merit System Board acknowledged the settlements.

A-2 WILLIAM BRADY
William Brady, Police Sergeant, Police Department, City of Newark, 10-day suspension, on the charge of neglect of duty.

Recommendation of the Administrative Law Judge - Reverse the 10-day suspension.

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

A-3 WILLIAM CONNOLLY
William Connolly, Police Officer, City of Newark, Police Department, 18-day suspension on charges of disobedience to orders and violation of Department rules with regard to possession of a non-regulation, prohibited off-duty revolver.

Recommendation of the Administrative Law Judge - Uphold the 18-day suspension.

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

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

A-4 DONALD J. HEADLEY (CONSOLIDATION)
Donald Headley, former Director of Data Processing, City of Atlantic City, Department of Administration, 1) 30-day suspension and demotion to the position of Principal Data Processing Systems Programmer with a six percent salary decrease, on charges of conduct unbecoming and use of profane language, and 2) 60-day suspension on charges of conduct unbecoming a public employee, sexual harassment, and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the 30-day and 60-day suspensions and uphold the demotion to Principal Data Processing Systems Programmer.

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

A-5 LISA MALLARD (CONSOLIDATION)
Lisa Mallard, Principal Drafting Technician Bridge Design, Department of Transportation, 1) 15-day suspension on the charge of assault and battery (other sufficient cause) and 2) removal effective July 14, 2000, 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 with regard to the removal. The
Merit System Board also upheld the 15-day suspension.

A-6 DORA BRIGGS
Dora Briggs, Food Service Worker, County of Monmouth, Department of Health Care Facilities, removal effective October 27, 2000, on charges of use of threats, violence or intimidation of another person, creating a disturbance while on duty, and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board modified the recommendation of
the Administrative Law Judge to a 6-month suspension.

A-7 NATHAN JOHNSTON
Nathan Johnston, Cottage Training Technician, New Lisbon Developmental Center, Department of Human Services, removal effective January 25, 1999, on the charge of physical abuse of a client.

Recommendation of the Administrative Law Judge - Dismiss the appeal as moot.

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

A-8 DOROTHY STEVENSON
Dorothy Stevenson, Clerk Typist, County of Burlington, Highway Department, removal effective March 15, 2000, on charges of conduct unbecoming a public employee and other sufficient causes.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-9 ANNETTE WILSON
Annette Wilson, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal effective June 15, 1999, on the charge of physical abuse of a patient.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-10 RONALD W. COOKS

Ronald W. Cooks, County Correction Officer, County of Mercer, Department of Public Safety, removal effective November 12, 1998, on charges of conduct unbecoming a public employee and violation of the county's drug and alcohol-free workplace policy.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-11 ANDREW CAAMANO - SETTLEMENT
Andrew Caamano, Sheriff's Officer, County of Bergen, Sheriff's Department, 60-day suspension on charges of insubordination and neglect of duty and removal and resignation not in good standing effective December 7, 2000, on charges of failure to perform duties, insubordination, conduct unbecoming and neglect of duty. Settled to a 10-day suspension, a lump sum payment of $15,086 and the appellant resigns in good standing effective December 7, 2000.

Recommendation of the Administrative Law Judge - Acknowledge the settlement.

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

A-12 DAVID M. BLACKBURNE
David M. Blackburne, Correction Sergeant, Department of Corrections, removal effective February 10, 1999, on charges of conduct unbecoming a public employee and violation of a rule or regulation.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-13 TYRONE GREEN
Tyrone Green, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal effective February 23, 1999, on the charge of physical abuse of a patient.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

SECTION B - MISCELLANEOUS MATTERS
B-1 TARIQ ALI
Tariq Ali appeals the removal of his name from the (S9999W) County of Union eligible list for the title of County Correction Officer on the basis of psychological unfitness.

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

B-2 LAUREN CONTILLO
Lauren Contillo appeals the removal of her name from the (S9999A) County of Morris eligible list for the title of County Correction Officer on the basis of psychological unfitness.

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

B-3 MICHAEL DEL BUONO
Michael Del Buono appeals the removal of his name from the (S9999A) County of Monmouth eligible list for the title of County Correction Officer on the basis of psychological unfitness.

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

B-4 ORLANDO DIAZ
Orlando Diaz appeals the removal of his name from the (S9999W) City of Camden eligible list for the title of Police Officer on the basis of psychological unfitness.

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

B-5 JAMES JEAN
James Jean appeals the removal of his name from the (S9999W) County of Union eligible list for the title of County Correction Officer on the basis of psychological unfitness.

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

B-6 ERIC MCROY
Eric McRoy, represented by Philip Moran, Esquire, appeals the removal of his name from the (S9999A), City of Trenton eligible list for the title of Police Officer on the basis of psychological unfitness.

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

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

B-7 DAVID NIEVES
David Nieves, represented by Anthony J. Fusco, Esq., appeals his rejection as a Sheriff's Officer candidate by the County of Essex 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 appeal be denied.

B-8 ERIC ROMAN
Eric Roman, represented by Kenneth A. Wanio, Esquire, appeals the removal of her name from the (S9999A) Department of Corrections eligible list for the title of Correction Officer Recruit on the basis of psychological unfitness.

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

B-9 JOSEPH E. SANNINO
Joseph E. Sannino appeals the removal of his name from the (M9064S) City of Camden eligible list for the title of Fire Fighter on the basis of psychological unfitness.

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

B-10 MICHAEL SANTOS
Michael Santos appeals the removal of his name from the (S9999A) Department of Corrections eligible list for the title of Correction Officer Recruit on the basis of psychological unfitness.

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

B-11 JAMES P. SMITH
James P. Smith, represented by Thomas S. Plaia, Esquire, appeals the removal of his name from the (S9999W), County of Union eligible list for the title of County Correction Officer on the basis of psychological unfitness.

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

B-12 MARK P. SUDAK
Mark P. Sudak appeals the removal of his name from the (S9999A) Department of Corrections eligible list for the title of Correction Officer Recruit on the Basis of psychological unfitness.

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

B-13 RAY VICTORIA
Ray Victoria appeals the removal of his name from the (S9999W) County of Hudson eligible list for the title of Sheriff's Officer on the basis of psychological unfitness.

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

B-14 JOSEPH WAREHAM
Joseph Wareham appeals the removal of his name from the (S9999A) Department of Corrections eligible list for the title of Correction Officer Recruit on the basis of psychological unfitness.

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

B-15 CHIMERE BROOKS
Chimere Brooks appeals the request by the New Jersey Department of Corrections to remove his name from the Correction Officer Recruit (S9999A) eligible list for medical unfitness to effectively perform the duties of the position.

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

B-16 JAMES GREEN
James Green appeals his rejection as a Police Officer candidate by the City of Camden and its request to remove his name from the eligible list for Police Officer (S9999A) on the basis of medical unfitness.

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

B-17 TERELL BRITTON
Terell Britton, a former Investigator 3, Law and Public Safety with the Division of Consumer Affairs, Department of Law and Public Safety, represented by Howard L. Kaplus, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-18 MARY L. CUPO-CRUZ
Mary L. Cupo-Cruz, the Director of the Equal Employment Division with the Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board referred the matter to the Medical
Examiners Panel.

B-19 KEVIN FROST
Kevin Frost, a Senior Correction Officer at South Woods 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-20 MIGUEL GUTIERREZ
Miguel Gutierrez, a Senior Correction Officer at Riverfront State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-21 JOANN HANSEN
Joann Hansen, a former Supervisor of Volunteers at Greystone Park Psychiatric Hospital, Department of Human Services, represented by Benjamin Spivack, Senior Staff Representative, CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.

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

B-22 JOHANNA HELDMAN
Johanna Heldman, a Security Officer at Rowan University, appeals the denial of sick leave injury (SLI) benefits.

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

B-23 DAVID H. HUNTERTON
David H. Hunterton, a Senior Correction Officer with Mountainview Youth Correctional Facility, 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 matter be held
over.

B-24 PETRA JONES-MALKIN
Petra Jones-Malkin, a Data Entry Machine Operator (Terminal) with the Department of the Treasury, appeals the denial of sick leave injury (SLI) benefits.

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

B-25 MARGARET JORDAN
Margaret Jordan, a Cottage Training Technician with Woodbridge Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-26 JOANNE LEVACH
JoAnne LeVach, a Former Technical Assistant 1 with the Department of Treasury, 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 matter be held
over.

B-27 THOMAS MCGINTY
Thomas McGinty, a Senior Correction Officer at South Woods 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-28 CHARLES A. MOON
Charles A. Moon, a Senior Correction Officer at New Jersey State Prison, Department of Corrections, represented by Mark D. Kurdyla, Esq., appeals the denial sick leave injury (SLI) benefits.

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

B-29 JOSEPH PARTYKA
Joseph Partyka, an Institutional Trade Instructor 1 at Garden State Reception and Youth Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-30 CARLOS RESTO
Carlos Resto, a Senior Parole Officer with the Department of Corrections (DOC), appeals the denial of sick leave injury (SLI) benefits.

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

B-31 OVIDIO RODRIGUEZ
Ovidio Rodriguez, a Crew Supervisor Electricians with Riverfront State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-32 WAYNE RUDDOCK
Wayne Ruddock, a Bridge Operator with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.

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

B-33 BRIAN J. SNYDER
Brian J. Snyder, a Senior Correction Officer with South Woods State Prison, Department of Corrections, represented by Walter H. Iacovone, Esq., appeals the denial sick leave injury (SLI) benefits.

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

B-34 ANTHONY WILLIAMS
Anthony Williams, a Senior Correction Officer at Garden State Youth Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-35 JACQUELINE WILLIAMS
Jacqueline Williams, a former Correction Lieutenant at Northern State Prison, Department of Corrections, represented by Anthony M. Rotunno, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-36 CHARLES CRISP
Charles Crisp 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 Senior Engineer Transportation (PS2451T), Department of Transportation, based on his indication that he was no longer interested.

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

B-37 SEAN M. GALLAGHER
Sean M. Gallagher appeals the decision of Selection Services which found that Burlington County had presented a sufficient basis to remove the appellant's name from the Sheriff's Officer (S9999A) eligible list, as a result of falsification of his pre-employment application.

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

B-38 RICHARD A. RIZZOLO
Richard A. Rizzolo, represented by Arlindo B. Araujo, Esq., appeals the decision of Selection Services, which found that the appointing authority had sufficiently documented and supported its request to remove the appellant's name from the Fire Fighter (M9059S), City of Newark, eligible list due to an unsatisfactory background report.

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

B-39 CALVIN L. WOOD
Calvin L. Wood, 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-40 STEVEN ECKEL, JOHN MARSICANO, AND DAVID SIEGELMAN
Steven Eckel, John Marsicano and David Siegelman, Sheriff's Officers with the Middlesex County Sheriff's Office, represented by Anthony J. Fusco, Jr., Esq., petition the Merit System Board (Board) for relief, pursuant to N.J.S.A. 11A:2-24 and N.J.A.C. 4A:2-5.1, et seq., from alleged reprisal from their employer.

ACTION: The Merit System Board directed that these matters be
held over.

B-41 CARMEN CASTRO-ALEMAN

Carmen Castro-Aleman, a Senior Claims Adjudicator Specialist, Disability Determinations (Bilingual in Spanish and English), Department of Labor (DOL), appeals the determination of the Commissioner of DOL, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to a 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-42 DEBORAH KOPP
Deborah Kopp, a Principal Investigator Secured Facilities, with the Department of Corrections (DOC), appeals the determinations of the Director, Equal Employment Division (EED), with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to a 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-43 WESLEY MCKOY
Wesley McKoy, an Electrical Mechanic with the Department of Transportation, appeals the determination of the Director, Division of Civil Rights/Affirmative Action, stating that the appellant failed to present sufficient evidence to support a finding that he had been subjected to 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-44 TRENT NORMAN
Trent Norman, a Senior Correction Officer at Northern State Prison, Department of Corrections (DOC), appeals the determination of the Director of the Equal Employment Division with the DOC, stating that the appellant failed to present a claim that he 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-45 MEROLENE ROBINSON
Merolene Robinson, a Senior Correction Officer with the New Jersey State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division (EED), with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to a 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-46 VIVAN VELEZ-MUHAMMAD
Vivan Velez-Muhammad, a Senior Correction Officer at Northern State Prison, Department of Corrections (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 that she had been subjected to violations 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-47 THOMAS WHITNER
Thomas Whitner, a Correction Lieutenant with the Adult Diagnostic and Treatment Center, Department of Corrections (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 that he had been subjected to a 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-48 DONNELL AMAKER
Donnell Amaker petitions the Merit System Board for reconsideration of the final decision rendered on March 27, 2001, which upheld the removal of his name from the eligible list for County Correction Officer (C5436R), Union County.

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

B-49 RUSSEL GRECO
The City of Newark, represented by Desha L. Jackson, Assistant Corporation Counsel, requests reconsideration of the Merit System Board decision, In the Matter of Russel Greco (MSB, decided May 22, 2001), which granted him back pay, benefits and seniority from June 12, 2000 to March 20, 2001 based on an improper indefinite suspension.

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

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

B-50 MICHAEL WALKER

Michael Walker, a Police Officer with the Irvington Township Police Department, represented by Anthony J. Fusco, Jr., petitions the Merit System Board (Board) for reconsideration of the final administrative decision, rendered December 19, 2000, in which the Board dismissed Walker's appeal of his 12-day suspension without prejudice based on his failure to appear at the conference hearing scheduled for August 18, 2000.

ACTION: The Merit System Board granted the request for
reconsideration and directed that the matter be transmitted
to the Office of Administrative Law for further
proceedings.

B-51 DARLENE BEAN
Darlene Bean, a Senior Probation Officer, appeals the determination of her grievance by the Judiciary.

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

B-52 ALEXIS CRUZ
Alexis Cruz, a Correction Officer Recruit at the Adult Diagnostic and Treatment Center, Department of Corrections, requests a retroactive date of appointment.

ACTION: The Merit System Board granted the request for a
retroactive date of appointment.

B-53 WILIAM AILES-FLANAGAN
William Ailes-Flanagan, a Storekeeper 2, Riverside State Prison, represented by Bruce Fralinger, Staff Representative CWA Local 1040, appeals a five-day suspension issued by the Department of Corrections.

ACTION: The Merit System Board granted a hearing.

B-54 WAYNE SANDERSON
Wayne Sanderson, a Correction Sergeant at New Jersey State Prison, Department of Corrections, represented by the New Jersey Law Enforcement Supervisors Association, requests a hearing for a five-day suspension which was reduced from a 15-day suspension and for a two-day suspension and a five-day suspension.

ACTION: The Merit System Board granted hearings for the two-day
and five-day suspensions and allowed the appellant's
original hearing granted for the 15-day suspension to
proceed as scheduled as a hearing regarding a five-day
suspension.

B-55 HAROLD LEWIS
Harold Lewis, Correction Sergeant, East Jersey State Prison, appeals an official written reprimand and a three-day suspension issued by the Department of Corrections.

ACTION: The Merit System Board granted the appeal on the official
written reprimand and denied the appeal on the three-day
suspension, but remanded that matter to the appointing
authority to reconsider the penalty.

B-56 THOMAS MCGUIRE
The Division of Human Resource Information Services, Department of Personnel, requests enforcement of that part of the Merit System Board (Board) decision rendered on January 30, 2001, which ordered that the Borough of Fair Lawn appoint Thomas McGuire to the position of Municipal Court Administrator. The appointing authority, represented by Sean Dias, Esq., requests a stay of the Board's order pending the outcome of its appeal to the Appellate Division of Superior Court. Mr. McGuire, represented by Beth Haiet Meyer, Esq., also requests enforcement of the Board's order as well as back pay and counsel fees.

ACTION: The Merit System Board granted the requests for
enforcement, and denied the request for a stay, back pay and counsel fees.

B-57 BRANDON SMITH
Brandon Smith appeals the determination of the Division of Selection Services which found that he was not employed in the announced unit scope for the promotional examination for Construction Management Specialist 1 (PM0320C), Newark School District.

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

B-58 GLORIA THOMPSON
Gloria Thompson appeals the determination of the Division of Selection Services which found that she was not employed in the announced unit scope for the promotional examination for Senior Community Program Specialist (PS3109K), Division of Development Disabilities.

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

B-59 DONALD H. NELSEN
The appeal of Donald H. Nelsen, Jr., a Senior Correction Officer with East Jersey State Prison, Department of Corrections, of his removal effective February 27, 1995, on charges, was heard by Administrative Law Judge Irene Jones (ALJ), who rendered her initial decision on May 3, 2001. At its meeting on July 10, 2001, the Board did adopt the ALJ's recommendation to uphold the removal. Rather, the Board concluded that a six-month suspension was warranted. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-60 JOSEPH T. AVANZATO
Joseph T. Avanzato appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examination for Accident Record Reviewer (S6413B).

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

B-61 STEPHANIE EMORY
Stephanie Emory appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Administrative Secretary (PM0519A), Atlantic City.

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

B-62 LINDA C. GAYDOS
Linda C. Gaydos appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirment for the promotional examination for Supervising Clerk (PM1449B), City of Bayonne.

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

B-63 JOSETTE HAYWARD-WILSON
Josette Hayward-Wilson appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Senior Clerk Typist (PS4258H), Department of Health and Senior Services.

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

B-64 ALFREDA LAWRENCE
Alfreda Lawrence appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the open competitive examination for Coordinator for Federal and State Aid (M1603C), City of Paterson

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

B-65 ANDREA MASON
Andrea Mason 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 Program Coordinator, Special Events (M1589C), City of Newark.

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

B-66 ANTHONY PUNIELLO
Anthony Puniello, represented by Michelle Lebovitz Lamar, Esq., appeals the decision of the Division of Selection Services which found that he did not meet the education requirement for the promotional examination for Section Chief, Technical/Scientific/Engineering (PS0192G), Department of Environmental Protection.

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

B-67 WILLIAM L. REYNOLDS
William L. Reynolds appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Principal Standards & Procedures Technician (PS0885K), Division of Mental Health and Hospitals.

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

B-68 MICHELLE RYANS
Michelle Ryans appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Head Clerk (PS8772K), Division of Youth and Family Services, Department of Human Services.

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

B-69 JILL SELBY
Jill Selby 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 Resource Interpretive Specialist 3 (S0718C).

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

B-70 EVELYN J. STACKHOUSE
Evelyn J. Stackhouse appeals the determination of the Division of Selection Services which found that she did not meet the experience requirement for the promotional examination for Executive Assistant 3 (PS8325K), Greystone Park Psychiatric Hospital.

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

B-71 ROBERT WILDER
Robert Wilder appeals the determination of the Division of Selection Services, which found that he was ineligible for the promotional examination for Supervisor of Recreation (PS0270K), New Lisbon Developmental Center, because he was not permanent in a title to which the examination was open.

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

B-72 GLENN WOJTOWICZ
Glenn Wojtowicz 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 Social Work Supervisor 2 (Psychiatric) (PS3077K), Ancora Psychiatric Hospital.

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

B-73 RAYMOND E. FULLER
Raymond E. Fuller appeals his score for the promotional examination for General Supervisor Trades (PM0380A), Jersey City.

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

B-74 LILIA COLLAZO
Lilia Collazo appeals the determination of the Division of Selection Services, which found that she was ineligible for the promotional examination for Human Services Specialist 3 (PC0964B), Cumberland County, because she did not have the required amount of permanent status in a title to which the examination was open.

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

B-75 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of August 28, 2001 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of August 28, 2001.

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

B-76 ASSISTANT COURT ADMINISTRATOR (M6188B), CITY OF PASSAIC
The appointing authority requests permission not to make an appointment from the certification for Assistant Court Administrator (M6188B), City of Passaic.

ACTION: The Merit System Board directed the request for an
appointment waiver be denied and the appointing authority
be assessed a $1,000 fine and $250 for administrative costs.

B-77 MAINTENANCE REPAIRER (M6821A), TOWNSHIP OF TEANECK
The Township of Teaneck (appointing authority) requests
reconsideration of that part of the decision rendered on June 12, 2001
by the Merit System Board (Board) ordering the appointing authority
to properly dispose of the certification for Maintenance Repairer and to
pay a $1000 fine and $250 compliance costs.

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

B-78 SUPERVISING ADMINISTRATIVE ANALYST (M6768A), CITY OF NEWARK
The appointing authority requests permission not to make an
appointment from the certification for Supervising Administrative
Analyst (M6768A), City of Newark.

ACTION: The Merit System Board directed the request for an
appointment waiver be denied and the appointing authority
be assessed a $1,000 fine and $250 for administrative costs.

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

B-79 BEULAH M. WARREN, ET AL.
Beulah M. Warren, Brenda Adcock, Deborah L. DeLa Cretaz, Ellie E.
Fornarotto, Barbara Grossett, Gerald Sainsot, and Jane L. Shepherd
appeal the determinations of the Division of Selection Services which
found a sufficient basis to remove their names from the eligible list for
Field Representative, Housing, Housing Assistance Program (S0512B),
Department of Community Affairs, on the basis that they lacked the
requisite education and experience.

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

B-80 JOHN SHIVELY, WILLIAM J. PAIGE, ANDREW M. SALMON AND MANUEL A. GONZALEZ
The appeals of John Shively, William J. Page and Andrew M. Salmon,
Senior Correction Officers at New Jersey State Prison (NJSP),
Department of Corrections, of their 30-day suspensions on charges,
and the appeal of Manuel A. Gonzalez, a Senior Correction Officer at
NJSP, of his 60-day suspension on charges, were heard by
Administrative Law Judge Joseph Lavery (ALJ), who rendered his
initial decision on April 16, 2001, reversing the 30-day suspensions for
Shively, Paige and Salmon, and modifying the 60-day suspension to a
10-day suspension for Gonzalez. At its meeting on August 28, 2001,
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 decision.

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

B-81 CARL OLIVER
The appeal of Carl Oliver, a Senior Correction Officer with New Jersey State Prison, Department of Corrections, of his removal effective September 20, 2000, on charges, was heard by Acting Chief Administrative Law Judge Jeff S. Masin (ALJ), who rendered his initial decision on July 19, 2001. At its meeting on August 28, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to dismiss the appeal as moot. The proposed final decision is now submitted for the Board's review .

ACTION: The Merit System Board adopted the final decision.

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

B-82 WILLIAM KLINGBERG
The appeal of William Klingberg, a County Correction Officer, Camden County, of his removal, effective March 10, 2000, on charges, was heard by Administrative Law Judge Solomon A. Metzger (ALJ), who rendered his initial decision on July 13, 2001. The Merit System Board (Board), at its meeting on August 28, 2001, did not adopt the ALJ's recommendation to uphold the removal. Rather, the Board modified the removal to a resignation in good standing. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-83 WILLIAM J. ANDERSON AND BENJAMIN NEWTON
The Superior Court, Appellate Division, has consolidated and temporarily remanded the decisions of the Merit System Board in In the Matter of William J. Anderson (MSB, decided April 24, 2001) and In the Matter of Benjamin Newton (MSB, decided April 10, 2001), remanded, Docket Nos. A-4753-00T2 and A-4746-00T2 (App. Div. July 12, 2001), which denied the appellants sick leave injury (SLI) benefits, to the Merit System Board for a supplemental decision.

ACTION: The Merit System Board reversed the final decisions, In the
Matter of William J. Anderson (MSB, decided April 24,
2001) and In the Matter of Benjamin Newton (MSB, decided
April 10, 2001), and granted sick leave injury benefits.

B-84 WILLIAM MACHOTKA
William Machotka, represented by Michelle Lebovitz Lamar, Esq., appeals the determination of the Division of Selection Services concerning the eligibility of Charles K. Jenkins and Victoria S. Jenkins for the promotional examination for Section Chief, Technical/Scientific/Engineering (PS0192G), Department of Environmental Protection.

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

B-85 QUARTERLY RULEMAKING CALENDAR
It is recommended that the Quarterly Rulemaking Calendar, which would provide advance notice to the public of rulemaking action that would be taken, be approved for publication in the New Jersey Register.

ACTION: The Merit System Board approved the rulemaking calendar
for publication.

B-86 EARLY SETTLEMENTS
Sandfra Oliver
City of Plainfield Housing Authority
Layoff

ACTION: The Merit System Board acknowledged the settlement.

There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, September 25, 2001, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

______________________________
JANICE MITCHELL MINTZ
COMMISSIONER
MERIT SYSTEM BOARD

 
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