A regular meeting of the Merit System Board was held on Tuesday, September 25, 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 Lauter, 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.

DISMISSAL OF APPEALS - FAILURE TO APPEAR
The Merit System Board dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:

Clarence Boone, Laborer, City of Newark, removal.

Bruce Conklin, Police Officer, Borough of Oakland Police Department, suspension.

Jeffrey F. Pretell, Ranger Trainee, Department of Environmental Protection, release at the end of the working test period.

Louis Smith, Police Officer, City of Newark Police Department, removal.

Miriam Willis, Food Service Worker, County of Salem, release at the end of the working test period.

Kimberly B. Willocks, Senior Correction Officer, East Jersey State Prison, Department of Corrections, resignation not in good standing.

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Darlene Archie
Southern State Correctional Facility
Department of Corrections
Removals (2)

In the Matter of Miracle Harris
New Lisbon Developmental Center
Department of Human Services
Resignation not in good standing

In the Matter of Gwendolyn McMillon
City of Trenton
Department of Communications
Removal

In the Matter of Angelo Miranda
County of Mercer
Department of Public Safety
Removal

In the Matter of Sharon Peterson
East Jersey State Prison
Department of Corrections
Suspension

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

ACTION: The Merit System Board acknowledged the settlements.

A-2 RICHARD CASTELLANO
Richard Castellano, Police Officer, City of Hoboken, Department of Administration, 60-day suspension on charges of insubordination, conduct unbecoming a public employee, neglect of duty and violations of various department rules, including, inter alia, fighting or quarreling with members of the Department and use of rude and insulting language.

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

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

A-3 GARRY DIMATTIA
Garry DiMattia, Assistant Engineer, Maintenance 2, Riverfront State Prison, Department of Corrections, 30-day suspension on charges of conduct unbecoming a public employee and violation of rules regarding workplace violence.

Recommendation of the Administrative Law Judge - Modify the 30-day suspension to a 10-day suspension.

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to uphold the 30-day suspension.

A-4 CURSTINA KEESEE
Curstina Keesee, Cottage Training Technician, New Lisbon Developmental Center, Department of Human Services, 10-day suspension on the charge of sleeping while on 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-5 CHANDRAVADAN SHAH
Chandravadan Shah appeals the action of the Union County appointing authority which removed his name from the Income Maintenance Worker (C05380) eligible list based on a claimed inability to communicate effectively in English in order to perform the duties of the position.

Recommendation of the Administrative Law Judge - Restore the appellant's name to the eligible list.

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

A-6 ROGER STRASSBURG AND MICHAEL RUANE
Roger Strassburg and Michael Ruane, Police Sergeants, City of Elizabeth, Police Department, 17-day suspensions on charges of incompetency, conduct unbecoming a public employee, neglect of duty and violation of various Police Department rules.

Recommendation of the Administrative Law Judge - Reverse the 17-day suspensions.

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

A-7 SHAWN COPELAND
Shawn Copeland, Human Services Assistant, Trenton Psychiatric Hospital, Department of Human Services, removal effective August 20, 1999, on charges of neglect of duty, negligence in performing duty resulting in injury to persons and physical and mental 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-8 HARRY ERVIN
Harry Ervin, Senior Repairman, Newark School District, removal effective November 4, 1999, on charges of insubordination, chronic or excessive absenteeism or lateness, conduct unbecoming a public employee, and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-9 DONALD T. MANKA
Donald T. Manka, County Correction Officer, County of Burlington, County Jail, removal effective October 18, 1999, on charges of conduct unbecoming a public employee, incompetency, inefficiency or failure to perform duties, neglect of duty, and violation of the sexual harassment policy.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-10 CHARLES STEPHENSON

Charles Stephenson, Senior Correction Officer, Northern State Prison, Department of Corrections, removal effective April 27, 2000, on charges of neglect of duty and violation of internal rules regarding neglect of duty, loafing, idleness or willful failure to devote attention to tasks which could result in danger to persons or property.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A motion was made and seconded that the open session be recessed and that, pursuant to Section 12(b) of the Open Public Meetings Act, the Merit System Board entered into Executive Session for the purpose of legal advice on the matters of A-11 Andrew Caamano, and B-22 Scott Draham and John Thame. The Board subsequently reconvened the public meeting.

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 acknowledged the settlement.

SECTION B - MISCELLANEOUS MATTERS
B-1 JOSE CARDONA
Jose Cardona, represented by Charles M. Grossman, 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-2 ALONZO DERAMUS, JR.
Alonzo DeRamus, Jr. appeals his rejection as a Police Officer candidate by the City of Irvington 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-3 SUSAN HIRSHMAN
Susan Hirshman appeals the removal of her name from the (S9999W) County of Monmouth eligible list for the title of Juvenile Detention 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 ANTHONY MONTON
Anthony Monton, represented by Merick H. Limsky, Esq., appeals the removal of his name from the (M2088A) Village of Ridgewood eligible list for the title of Fire Fighter 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-5 DANIELLE PROVENCHER
Danielle Provencher, represented by Paul X. Escandon, Esq., 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 to perform effectively the duties of the position.

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

B-6 YURI RAMIREZ
Yuri Ramirez appeals his rejection as a County Correction Officer candidate by the County of Hudson and its request to remove his name from the eligible list for County Correction Officer on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-7 JOSHUA ROMAN
Joshua Roman, represented by Sergio R. Pastor, Esq., appeals his rejection as a Fire Fighter candidate by the City of Elizabeth and its request to remove his name from the eligible list for Fire Fighter 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 DOMINICK SODANO
Dominick Sodano appeals the removal of his name from the (S9999A) County of Essex eligible list for the title of County Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-9 LARRY JOHNSON
Larry Johnson, 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 denied.

B-10 JEANNETTE SMITH
Jeannette Smith, an Accountant 1 with Hunterdon Developmental Center, Department of Human Services, represented by Robert O. Yaeger, Principal 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-11 JOHN CROWLEY
John Crowley appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to bypass his name on the eligible list for Assistant District Parole Supervisor (PS7101I), Department of Corrections.

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

B-12 ANITA PALUSTRE
Anita Palustre appeals the decision of Human Resource Information Services which upheld the removal of her name from the Head Nurse - 12 Months (S9027W) eligible list due to her failure to respond to the Notice of Certification.

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

B-13 MATTHEW PLESKONKO
Matthew Pleskonko appeals the request by Burlington County to remove his name from the County Correction Officer (S9999W) eligible list due to a positive drug test.

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

B-14 JAY GLASS
Jay Glass, a Correction Sergeant at New Jersey 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 he 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-15 LUTHER GREGG
Luther Gregg, a Senior Correction Officer at Northern State Prison, Department of Corrections (DOC), appeals the determinations of the Director, Equal Employment Division, with the DOC, stating that the appellant had failed to present sufficient evidence to support a finding that he 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 these appeals be denied.

B-16 CONSTANCE PEAK
Constance Peak, a Senior Correction Officer, 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 violations of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-17 SHIRLEY TOZER
Shirley Tozer, a Senior Correction Officer at Bayside 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 Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-18 MICHAEL GORMAN
Michael Gorman, a Senior Correction Officer, New Jersey State Prison, Department of Corrections, represented by John H. Rittley, Esq., requests counsel fees and reimbursement of one day of leave time.

ACTION: The Merit System Board granted the appellant $5,009 in counsel fees, but denied the request for reimbursement for one day of leave time.

B-19 CARL SKOWRONEK
Carl Skowronek, represented by Sidney H. Lehmann, Esq., appeals the removal of his name from the District Office Manager 1, Medical Assistance and Health Services (PS7473K), Department of Human Services eligible list, due to a failure to respond to the certification notice.

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

B-20 ERIC CERRA
The appeal of Eric Cerra, a Senior Correction Officer, Mountainview Youth Correctional Facility, Department of Corrections, of his removal, effective November 30, 1998, was heard by Administrative Law Judge Steven C. Reback (ALJ), who rendered his initial decision on June 27, 2001. At its meeting on August 14, 2001, the Merit System Board (Board) did not adopt the ALJ's recommendation that the removal be modified to a six-month suspension. Rather, the Board upheld the removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-21 DENISE COLE
Denise Cole appeals the decision of the Division of Human Resource Information Services, which determined that the appointing authority had presented a sufficient basis to bypass her name on the eligible list for Family Service Specialist Trainee (S60860), Division of Youth and Family Services, Department of Human Services. The appeal was heard by Administrative Law Judge Elinor R. Reiner (ALJ), who rendered her initial decision on June 19, 2001, upholding the bypass. At its meeting on August 14, 2001, the Merit System Board (Board) adopted the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-22 SCOTT DRAHAM AND JOHN THAME
The appeals of Scott Draham and John Thame, both Senior Correction Officers with South Woods State Prison, Department of Corrections, of their removals, effective October 8, 1999, on charges, were considered by Administrative Law Judge Robert W. Scott (ALJ), who rendered his initial decision on May 23, 2001. At its meeting on August 14, 2001, the Merit System Board (Board) did not adopt the ALJ's recommendation to modify the removals to six-months suspensions. Rather, the Board concluded that the removals were warranted. 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-23 PABLO FONSECA
The appeal of Pablo Fonseca, a Chief Code Enforcement Officer with the Department of Neighborhood and Recreational Services, City of Newark, of his 42-day suspension and demotion, effective August 10, 1999, on charges, was heard by Administrative Law Judge Margaret M. Monaco (ALJ), who rendered her initial decision on March 16, 2001. At its meeting on August 14, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to reverse the 42-day suspension and the demotion. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-24 FILOMENA GIANFRANCESCO
The appeals of Filomena Gianfrancesco, a Labor Market Analyst 3 with the Department of Labor, of her 30-day suspension and removal, effective September 15, 1999, on charges, were considered by Administrative Law Judge John R. Futey (ALJ), who rendered his initial decision on June 12, 2001. At its meeting on August 14, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to acknowledge the settlement. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-25 ABDULLAH SHARIFF
The appeal of Abdullah Shariff, a Sheriff's Officer with the Essex County Sheriff's Department, of his removal, effective June 18, 1997, based on his failure to successfully complete police academy training, was considered by Robert J. Giordano (ALJ), who rendered his initial decision on May 8, 2001, upholding the removal. In that decision, the ALJ also consolidated the matter with the appellant's appeal to Police Training Commission (PTC) of his dismissal from the police academy and determined that the PTC had the predominant interest. At its meeting August 14, 2001, the Board affirmed 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 DONNEL STAFFORD
The appeal of Donnel Stafford, a Senior Correction Officer at Southern State Correctional Facility, Department of Corrections (DOC), of his removal, effective August 20, 1999, on charges, was heard by Administrative Law Judge Lillard E. Law (ALJ), who rendered his initial decision on January 22, 2001, upholding the recommendation. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-27 ORLANDO BERMUDEZ
Orlando Bermudez appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Assistant Supervisor Professional/Residential Services (PS9244K), Vineland Developmental Center.

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

B-28 ALICIA M. BJORNSON
Alicia M. Bjornson appeals the determination of the Division of Selection Services, which found that she did not meet the education requirements for the open competitive examination for Superintendent, Parks and Forestry 4 (S0657C).

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

B-29 MAXINE BRONSON, ET AL.
Maxine Bronson, Fred Gibson, Nancy Newell and Donna Smith appeal the determination of the Division of Selection Services which found that they did not meet the education and experience requirements for the promotional examination for Social Worker (PC1087B), Camden County Board of Social Services.

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

B-30 PATRICIA H. CALLAND
Patricia H. Calland appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for the promotional examination for Support Services Representative 2 (PS9854T), Department of Transportation.

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

B-31 GLENN R. CLIVER
Glenn R. Cliver appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, he was below the minimum requirements in experience for the promotional examination for Contract Administrator 2 (PS9080T), Department of Transportation.

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

B-32 RUTH CONNOR, ET AL.
Ruth Connor 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 Field Service Supervisor 2 (MAHS) (PS2573K), Division of Medical Assistance and Health Services. Pamela Hunt, Veronica Miller and Jane Price appeal the determination of the Division of Selection Services which found that, per the substitution clause, they were below the minimum requirements in experience for the promotional examination for Field Service Supervisor 2 (MAHS) (PS25473K), Division of Medical Assistance and Health Services.

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

B-33 DIANE P. CORELLI
Diane P. Corelli appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for the promotional examination for Data Processing Programmer 2 (PS6813K), Division of Medical Assistance and Health Services.

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

B-34 DENISE DENNIS, ET AL.
Denise Dennis and Judith Eldridge appeal the determination of the Division of Selection Services which found that they were below the minimum requirements in experience for the promotional examination for Field Service Supervisor 2 (MAHS) (PS2573K), Division of Medical Assistance and Health Services. Thelma Ford and Kathleen Ivanochick appeal the determination of the Division of Selection Services which found that, per the substitution clause, they were below the minimum requirements in experience for the promotional examination for Field Service Supervisor 2 (MAHS) (PS2573K), Division of Medical Assistance and Health Services.

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

B-35 DENNIS DIPAOLO
Dennis DiPaolo appeals the determination of the Division of Selection Services which found that, per the substitution clause, he was below the minimum requirements in experience for the open competitive examination for Assistant Director of Public Works (M6077B), North Bergen Township.

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

B-36 KENT DUMAS
Kent Dumas appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Assistant Storekeeper (PS9990K), Greystone Park Psychiatric Hospital, Department of Human Services.

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

B-37 LINDA A. ELIAS AND DEBORAH H. WILLIAMS
Linda A. Elias and Deborah H. Williams appeal the determination of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Quality Assurance Specialist, Health Services (PS8180K), Forensic Psychiatric Hospital.

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

B-38 ANGELO FORGIONE
Angelo Forgione 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 Mason (PC1877W), Hudson County.

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

B-39 DANIEL J. FRITZ AND JAMES S. PRATT
Daniel J. Fritz and James S. Pratt appeal their ineligibility for Police Officer, Township of Riverside and Borough of Magnolia, respectively.

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

B-40 MARK GALLO
Mark Gallo appeals the determination of the Division of Selection Services, which found that he was ineligible for the promotional examination for Supervisor, Water Meter Repair (PM1679B), Passaic Valley Water Commission 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-41 ROBERT W. HANSBURY
Robert W. Hansbury appeals the determination of the Division of Selection Services which found that he did not meet the experience requirement for the promotional examination for Contract Administrator 2, (PS9080T), Department of Transportation.

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

B-42 BARBARA HENDRICKS
Barbara Hendricks appeals the decision of the Division of Selection Services which found that she lacked experience on the Automated Typewriter for the promotional examination for Principal Operator Automated Typewriter (PS5328K), Division of Youth and Family Services.

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

B-43 JACKIE JOHNSON
Jackie Johnson appeals the determination of the Division of Selection Services, which found that he was ineligible for the promotional examination for Supervisor Public Works (PM0140C), City of Camden, because he was not permanent in the competitive division.

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

B-44 KIRIAKOULA S. JOHNSON
Kiriakoula S. Johnson appeals the determination of the Division of Selection Services which found that she did not meet the experience requirement for the promotional examination for Principal Microfilm Operator, Typing (PC0521B), Monmouth County.

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

B-45 SCOTT J. KARCZ
Scott J. Karcz 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, Public Works (PM0959B), Borough of Elmwood Park.

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

B-46 GARY LICKNACK
Gary Licknack appeals the decision of the Division of Selection Services, which found that he was ineligible for the promotional examination for Fire Code Assistance Representative 2 (PS4222D), Department of Community Affairs.

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

B-47 MARGARET R. MARA
Margaret R. Mara appeals the determination of the Division of Selection Services which found that she did not meet the experience requirement for the promotional examination for Principal Microfilm Machine Operator, Typing (PC0521B), Monmouth County.

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

B-48 DEBRA M. MEYER
Debra M. Meyer appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Site Manager, Nutrition Program (PC1310W), Middlesex County.

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

B-49 AIVAR RANNAMYAE
Aivar Rannamyae appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Senior Assistant Assessor, (PM2948A), Township of Lakewood.

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

B-50 JULIA REARDON
Julia Reardon appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Senior Management Assistant (PS2580K), Division of Medical Assistance and Health Services.

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

B-51 ANN RIVERA
Ann Rivera appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Support Services Representative 1 (PS9841T), Department of Transportation.

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

B-52 DIANNE TERRY
Dianne Terry 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 Social Worker, Aging (C1478B), Cumberland County.

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

B-53 CARROLL L. WARD
Carroll L. Ward appeals the determination of the Division of Selection Services which found that he did not meet the education requirements for the open competitive examination for Habilitation Plan Coordinator (S0519B).

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

B-54 PATRICIA WILLIAMS
Patricia Williams 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 Contract Administrator (PC6810B), Atlantic County.

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

B-55 MARTIN CASEY AND JOHN HOFFMAN
Martin Casey and John Hoffman appeal their scores on the promotional examination for Manager 2, Division of Motor Vehicles (PS9808T), Department of Transportation.

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

B-56 MARTIN CASEY ET AL.
Martin Casey, Roger Gilmore, John Hoffman and Denise Mattei appeal their scores on the promotional examination for Manager 2, Division of Motor Vehicles (PS8118T), Department of Transportation.

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

B-57 FRANCES GODOWSKI AND MARGARET TARVER
Frances Godowski and Margaret Tarver appeal their scores on the promotional examination for Assistant Chief Forensic Scientist (PS7814P), Division of State Police.

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

B-58 LYLE DAVIS
Lyle Davis 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 Supervising Environmental Specialist (Air Pollution Control) (PS3354G), Department of Environmental Protection.

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

B-59 DEBRALU BIENIECKI
Debralu Bieniecki appeals the determination of the Division of Selection Services which found that she was ineligible for the promotional examination for Supervising Vocational Rehabilitation Counselor (PS4920N), Department of Labor, due to her lack of 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-60 WILLIAM J. CLARK
William J. Clark appeals the determination of the Division Selection Services which found that he was not permanent in the title to which the promotional examination for General Supervisor Roads (PC0631C), Essex County was open.

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

B-61 LINDA L. FELTON
Linda L. Felton, represented by S. Karl Mohel, Esq., appeals the determination of the Division of Selection Services which found that as of the closing date, she had no permanent status for the promotional examination for Deputy Municipal Court Administrator (PM0331C), Beachwood Borough.

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

B-62 JO-ANN FANELLI
Jo-Ann Fanelli appeals the determination of the Division of Selection Services that she did not file a timely application for the promotional examination for Supervising Clerk Typist (PC1452B), Morris County Sheriff's Office.

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

B-63 DEBORAH A. ROY
Deborah A. Roy appeals the determination of the Division of Selection Services that she did not file a timely application for the promotional examination for Principal Community Program Specialist (PS3105K), Division of Developmental Disabilities.

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

B-64 MICHELE A. SCHWARTZ AND KAREN P. STOEVER
Michele A. Schwartz and Karen P. Stoever appeal the determination of the Division of Selection Services that they did not file timely applications for the promotional examination for Family Service Specialist 1 (PS4681K), Division of Youth and Family Services.

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

B-65 PROPOSED AMENDMENTS TO N.J.A.C. 4A:5-1.1 AND 1.3
It is recommended that the proposed amendments to N.J.A.C. 4A:5-1.1 and 1.3 be approved for publication in the New Jersey Register for public notice and comment.

ACTION: The Merit System Board approved the proposed amendments for publication.

B-66 CYNTHIA MCSWEENEY, ET AL.
Cynthia McSweeney, Nirmal Sawhney and Gail Tighe petition the Merit System Board for reconsideration of the decision rendered on March 27, 2001 with respect to the scores they received on the promotional examination for Principal Forensic Scientist (PS8578P), Division of State Police.

ACTION: The Merit System Board denied the requests in part and granted the requests in part.

B-67 JOSEPH ISOLA, PATRICK CARDINALI, AND GEORGE LANG
Joseph Isola, represented by Harriet Heuer Miller, Esq., Patrick Cardinali, represented by Vincenza Leonelli-Spina, Esq., and George Lang, Pro Se, appeal the decisions of the Division of Selection Services which upheld their bypasses on the lists for Fire Lieutenant (PM4805R), Union City and Fire Captain (PM2796S), North Bergen. Appellants have entered into settlement agreements whereby, in return for their waiver of all legal and/or equitable claims and any and all back salary claims, the respondents have agreed to confer on them a retroactive appointment date of March 1, 2001 to the Fire Lieutenant title for seniority purposes only.

ACTION: The Merit System Board acknowledged the settlements.

B-68 NEAL HANSEN
Neal Hansen, a Police Lieutenant with the Township of Middletown (Township), represented by Larry S. Loigman, Esq., petitions the merit System Board for interim relief concerning his disciplinary hearing to be held by the Township.

ACTION: The Merit System Board denied request for interim relief.

B-69 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 appeals be denied.

B-70 JOSHUA L. OSOWSKI
Joshua L. Osowski appeals the determination of the Division of Selection Services, which found that he did not meet the education requirements for the open competitive examination for Superintendent, Parks and Forestry 4 (S0657C).

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

B-71 ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST - J.J. V. STATE-OPERATED SCHOOL DISTRICT OF NEWARK
On August 7, 2001 Administrative Law Judge (ALJ) Stephen G. Weiss issued an initial decision that stated that the matters filed by the Merit System Board (Board) and the Division of Youth and Family Services (DYFS) have previously been consolidated and the record sealed. The initial decision determined that the Merit System Board had predominant interest. However, the Board and the DYFS disagree with the ALJ's predominant interest determination. Based on this determination, the Merit System Board and the Division of Youth and Family Services developed a joint order giving DYFS the predominant interest and ordered that the matter be transmitted to DYFS for its final decision prior to the Board making its final decision. The proposed joint order is now submitted for the Board's approval.

ACTION: The Merit System Board adopted the joint order.

B-72 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for its meeting of September 18, 2001 are submitted for adoption.

ACTION: The Merit System Board adopted the Minutes of its Meeting
of September 18, 2001.

B-73 EARLY SETTLEMENTS
Anna Ceruti
New Lisbon Developmental Center
Department of Human Services
Resignation not in good standing

Angie Cooper
Woodbine Developmental Center
Department of Corrections
Resignation not in good standing

Thomas Cox
New Jersey State Prison
Department of Corrections
Resignation not in good standing

Douglas Ellison
Forensic Psychiatric Hospital
Department of Human Services
10-day suspension

Robert Foster
Commission for the Blind
Department of Human Services
20-day suspension

Luther Lessard
County of Burlington
Building and Grounds Department
Six-day suspension and removal

Haneef Mumin
East Jersey State Prison
Department of Corrections
30-day suspension

Raquel Musick
Borough of Wildwood Crest
Department of Public Safety
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 Wednesday, October 10, 2001, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

______________________________
JANICE MITCHELL MINTZ
COMMISSIONER
MERIT SYSTEM BOARD