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


A regular meeting of the Merit System Board was held on Wednesday, October 10, 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; Andrea Grundfest, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.

In accordance with L.1975, c.231, Chairwoman Janice Mitchell Mintz opened the meeting with the following statement:

Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on November 30, 2000, 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 Leo R. Vartan was not present to vote on Changes to the State Classification Plan or items A-1 through A-6.

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
Department of Personnel

Henry Maurer, Director
Merit System Practices and Labor Relations

FROM: Marjorie Schwartz, Director
Division of Human Resource Management

SUBJECT: Change in the State Classification Plan

DATE: October 10, 2001

DEPARTMENT OF HUMAN SERVICES
The Department of Human Services has requested that position #930128 be reallocated to the Senior Executive Service.

This position is currently classified in the title, Project Specialist. It develops, implements, and tracks policy initiatives, reviews policy for compliance with regulations and establishes goals, timeframes, resource allocation and goal achievement benchmarks for specific projects in the Office of Policy and Planning for the Department of Human Services. The programmatic and policy duties and responsibilities of this position are consistent with those of an SES position.

Based on the above, I recommend that this position be allocated to the Senior Executive Service.

REALLOCATION OF SERVICE:
Effective: August 11, 2001

FROM: TO:
Project Specialist
X98 - 60005 - Position #930128
Senior Executive Service
M98 - 90752 - Position #930128

RER:AR

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Perry Bakari
City of Newark
Police Department
Suspension

In the Matter of Letitia Brantley
County of Morris
Department of Long Term Care Services
Suspension

In the Matter of Wendy Callahan
City of Passaic
Department of Community Development
Suspension

In the Matter of Peter Femia
County of Union
Department of Public Safety
Suspension

In the Matter of Roman McKeon and Aurelio Vasquez
City of Perth Amboy
Police Department
Removals

In the Matter of Elsie R. Nicaise
County of Morris
Department of Long Term Care Services
Suspension

In the Matter of William Paranto
City of Passaic
Police Department
Suspension

In the Matter of Margarita Ponzano
County of Morris
Department of Long Term Care Services
Suspension

In the Matter of Walter Price
Adult Diagnostic and Treatment Center
Department of Corrections
Suspension and Removals (2)

In the Matter of Darrell Reed
New Lisbon Developmental Center
Department of Human Services
Removal

In the Matter of Robert Scura
Hudson Regional Fire and Rescue
Removal

In the Matter of Sandra Wiltshire
Jersey City School District
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 NORMAN J. HART
Norman J. Hart, County Correction Officer, County of Camden, Department of Corrections, removal effective May 11, 1999, on the charge of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-3 CARMEN KOWALCHEK
Carmen Kowalchek, Cottage Training Technician, Hunterdon Developmental Center, Department of Human Services, removal effective May 7, 1999, on the charge of negligence resulting in injury to a client.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-4 JAMES CLYBURN AND JOHN SELLITO
James Clyburn and John Sellito, Police Officers, Township of Irvington, Police Department, removals effective December 17, 1996, on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, and neglect of duty.

Recommendation of the Administrative Law Judge - Reverse the removals.

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

A-5 LEENORA SHOUDT AND ANTHONY SHOUDT (CONSOLIDATION)
Leenora Shoudt, Senior Correction Officer, Mountainview Youth Correctional Facility, Department of Corrections, appeals a $90 fine in lieu of a 15-day suspension on charges of chronic or excessive absenteeism or lateness and unsatisfactory attendance and a removal effective January 20, 1999 on charges of, inter alia, incapacity to discharge one's duty due to mental or physical disability and insubordination.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board affirmed the recommendation of the Administrative
Law Judge to uphold the removal. In addition the Merit System Board
upheld the $90 fine in lieu of a 15-day suspension.

Anthony Shoudt, and Leenora Shoudt Senior Correction Officers, Mountainview Youth Correctional Facility, Department of Corrections, assert a claim of reprisal.

Recommendation of the Administrative Law Judge - Dismiss the appeal.

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

Anthony Shoudt appeals a $90 fine in lieu of a 15-day suspension and removal effective December 28, 1998 on charges of chronic or excessive absenteeism or lateness and unsatisfactory attendance.

Recommendation of the Administrative Law Judge - Uphold the $90 fine in lieu of a 15-day suspension and the removal.

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

A-5 LEENORA AND ANTHONY SHOUDT CONTINUED
Leenora Shoudt appeals a 30-day suspension on the charge of insubordination.

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

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

A-6 SCOTT DRAHAM AND JOHN THAME
Scott Draham and John Thame, Senior Correction Officers, South Woods State Prison, Department of Corrections, removals effective October 8, 1999, on charges of other sufficient cause: physical or mental abuse of an inmate, patient, client, resident, or employee, and falsification: intentional misstatement of material fact in connection with work, employment, application, attendance, or in any record, report, investigation, or other proceeding. The Merit System Board at its meeting of August 14, 2001 upheld the removals, but the matter is now presented for reconsideration.

Recommendation of the Administrative Law Judge - Modify the removals to six-month suspensions, with no back pay.

ACTION: The Merit System Board granted the request for reconsideration and
modified the recommendation of the Administrative Law Judge to uphold the
removals.

A-7 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 modified the recommendation of the ALJ to a 5-day
suspension.

SECTION B - MISCELLEANSEOUS MATTERS
B-1 STEVEN P. AAMLAND
Steven P. Aamland 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-2 DAVID BAGLIO
David Baglio 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-3 MICHAEL S. BARRETT
Michael S. Barrett 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-4 JUAN C. BETANCOURTH
Juan C. Betancourth, represented by Peter J. Cresci, Esq., appeals his rejection as a Sheriff's Officer candidate by the County of Hudson and its request to remove his name from the subject eligible list on the basis of psychological unfitness to perform effectively the duties for the position.

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

B-5 JUAN C. BETANCOURTH
Juan C. Betancourth, 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.

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

B-6 PYAEGBAYE T. BLANGO
Pyaegbaye T. Blango 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-7 WILLIAM BOWMAN
William Bowman 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-8 KENDALL CHERRY
Kendall Cherry, represented by Patricia A. Hurt, Esq., appeals his rejection as a Police Officer candidate by the City of East Orange and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness.

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

B-9 DEBBIE FALLON
Debbie Fallon appeals the removal of her name from the (PC8062S) County of Sussex eligible list for the title of County Correction Sergeant on the basis of psychological unfitness.

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

B-10 BELIXZZA FONSECA
Belixzza Fonseca appeals her rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove her name from the eligible list for Correction Officer Recruit on the basis of psychological unfitness.

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

B-11 CORNEL GARRETT
Cornel Garrett 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-12 GARY GILFOY
Gary Gilfoy 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 ROBERT HISLIP
Robert Hislip 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-14 TAWANDA HORSLEY
Tawanda Horsley appeals the removal of her 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-15 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-16 JOSE A. JIMENEZ
Jose A. Jimenez 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-17 GUY S. JOHNSON
Guy S. Johnson 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-18 WILLIAM A. KIRCHOFF
William A. Kirchoff appeals the removal of his name from the (S9999A) County of Ocean 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-19 TONY KNIGHT
Tony Knight appeals the removal of his name from the (C6772A) County of Essex eligible list for the title of Admissions and Records Officer on the basis of psychological unfitness.

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

B-20 DENNIS KOCH
Dennis Koch 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.

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

B-21 EVELYN MCELVEEN
Evelyn McElveen 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-22 THEODORE J. METZING
Theodore J. Metzing appeals the removal of his name from the (S9999A), County of Essex 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-23 FRANCIS H. NUMBERS
Francis H. Numbers 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-24 YVONNE PAYNE
Yvonne Payne appeals the removal of her 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-25 DANIEL PENSABENE
Daniel Pensabene appeals the removal of his name from the (S9999A) City of Linden 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-26 JOE R. PERRY
Joe R. Perry appeals the removal of his name from the (S9999A) County of Hudson eligible list of County Correction Officer on the basis of psychological unfitness.

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

B-27 MICHAEL S. PRICHETT
Michael S. Prichett 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-28 TESHA ROBINSON
Tesha Robinson 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-29 TONYA ROBINSON
Tonya Robinson appeals the removal of her 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-30 STANLEY R. ROSALSKY
Stanley R. Rosalsky appeals the removal of his name from the (S9999A) City of Bayonne 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-31 ANTHONY RUSSO
Anthony Russo appeals the removal of his name from the (S9999A) County of Middlesex 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-32 GREGORY J. SCHAFFER
Gregory J. Schaffer appeals the removal of his name from the (S9999A) County of Sussex 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-33 JEFFREY SCHEVLIN
Jeffrey Schevlin 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-34 HARRY J. SIMMONS
Harry J. Simmons 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-35 ROBERT J. THOMPSON
Robert J. Thompson 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-36 OVIDIO TRAVERSO, JR.
Ovidio Traverso, Jr. appeals the removal of his name from the (S9999A) County of Warren 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-37 VAUGHN UNDERWOOD
Vaughn Underwood, represented by Jack S. Piermont, Esq., 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 denied.

B-38 JAMES VALLE
James Valle appeals the removal of his name from the (S9999V) County of Essex 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-39 LOUIS A. VIRUET
Louis A. Viruet 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-40 ANGEL RAMOS ROMANO
Angel Ramos Romano, represented by George T. Taite, Esq., appeals the request by Hudson County to remove his name from the Sheriff's Officer, Bilingual in Spanish and English (S9999A) eligible list on
the basis of medical unfitness to effectively perform the duties of the position.

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

B-41 HARRY A. SWEETEN
Harry A. Sweeten 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-42 MANUEL JOSE DECASTRO
Manuel Jose DeCastro, a Senior Correction Officer at East Jersey State Prison, Department of Corrections, appeals the denial of sick leave injury benefits.

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

B-43 CHARLES DUMAS
Charles Dumas, a Senior Correction Officer with the Central Reception and Assignment Facility, Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-44 JAMES GABIG
James Gabig, a Senior Therapy Program Assistant at New Lisbon 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-45 WALWYN GORDON
Walwyn Gordon, an Equipment Operator with the Department of Transportation (DOT), appeals the denial of sick leave injury (SLI) benefits.

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

B-46 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 appeal be denied.

B-47 JOANNE LEVACH
JoAnne LeVach, a former Technical Assistant 1 with the Department of the 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 appeal be denied.

B-48 YVETTE LEWIS
Yvette Lewis, a Senior Correction Officer at the Central Reception and Assignment 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 appeal be denied.

B-49 MARSHA LOVERSO
Marsha LoVerso, an Assistant Director, Nursing Services 1, Psychiatric at Senator Garrett E. Hagedorn Psychiatric Hospital (Hagedorn), Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-50 JANE LYONS
Jane Lyons, a Senior Engineer Transportation 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-51 ROBERT NIX
Robert Nix, formerly a Motor Vehicle Operator 2 with the Division of Youth and Family Services, 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-52 DENNIS ROBINSON
Dennis Robinson, a Senior Correction Officer at Northern State Prison, Department of Corrections, represented by Karimu F. Hill-Harvey, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-53 DEAN AVAGNANO
Dean Avagnano appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Ranger Trainee (S9999A), Department of Environmental Protection, on the basis of his failure to complete the preemployment processing.

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

B-54 RONALD M. DENNY
Ronald M. Denny, represented by David DeWesse, Esq., appeals his removal from the Correction Officer Recruit (S9999A), Department of Corrections eligible list, on the basis of a criminal record.

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

B-55 MICHAEL DEPOMPEO
Michael DePompeo appeals the removal of his name from the Fire Lieutenant (PM1201T), Township of Teaneck eligible list, on the basis of adverse employment history.

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

B-56 SETTIMEO DIDOMENICO
Settimeo DiDomenico, represented by William D. Sayers, Esq., appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to bypass his name on the eligible list for Supervisor, Trades (PM4009V), Newark School District.

ACTION: The Merit System Board granted a hearing.

B-57 ALICIA Y. EMERSON
Alicia Y. Emerson appeals her removal from the Correction Officer Recruit (S9999A), Department of Corrections eligible list, due to the appellant's failure to complete the preemployment processing.

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

B-58 NED HICKS
Ned Hicks, represented by Catherine M. Brown, Esq., appeals the decision of Human Resource Information Services, which upheld his non-selection from the list for Principal Community Program Specialist (PS3733K), Department of Human Services (DHS). The appellant also appeals the determination of the Assistant Commissioner for DHS, stating that he had 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 granted a hearing regarding the appellant's non-
selection from a list, but denied the discrimination appeal.

B-59 MICHAEL T. LOGIUDICE
Michael T. LoGiudice appeals the decision of Selection Services which upheld the City of Long Branch's request for the removal of the appellant's name from the Police Officer (S9999A) eligible list, due to an unsatisfactory background report.

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

B-60 JASON S. MCCAULEY
Jason S. McCauley, represented by Larry S. Loigman, Esq., appeals the decision of Selection Services which found that the Department of Corrections had presented a sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9999A) eligible list on the basis of an unsatisfactory background report.

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

B-61 SANDRA SANTIAGO-PANTON
Sandra Santiago-Panton appeals the decision of Human Resource Information Services which upheld the removal of her name from the Investigator Probation (S0323W) eligible list due to her failure to respond to Notices of Certification.

ACTION: The Merit System Board granted the appeal and the eligible list for
Investigator Probation (S0323W) be revived and the appellant considered for
appointment at the time of the next certification.

B-62 ANGELO SOTO
Angelo Soto appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Correction Officer Recruit (S9999A), Department of Corrections, on the basis of an unsatisfactory driving record.

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

B-63 DAVID RUBERTI
David Ruberti, a Teacher 2 - 12 Months with the Juvenile Justice Commission, represented by Kevin P. McCann, Esq., petitions the Merit System 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 by his employer.

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

B-64 JOSEPH TURGYAN
Joseph Turgyan, a Correction Captain at Bayside 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 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-65 GEORGE NEDWED, JR.
George Nedwed, Jr., represented by David B. Beckett, Esq., requests reconsideration of the final administrative decision, rendered on June 26, 2001, which directed that the appellant's name be recorded as removed from the October 22, 1999 certification to the Office of Information Technology (OIT) of the eligible list for Administrative Analyst 1, Data Processing (S1663T).

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

B-66 CYNTHIA RUIZ
The Director, Human Resources Information Services (HRIS), requests reconsideration of the July 10, 2001 Merit System Board decision, which directed that the eligible list for Police Officer (S9999W), City of Camden, be revived in order that Cynthia Ruiz be considered for appointment at the time of the next certification.

ACTION: The Merit System Board granted the request for reconsideration, and the
order reviving the (S9999W) list be rescinded.

B-67 KEVIN BLACKWELL
Kevin Blackwell, a Building Maintenance Worker with the Newark Housing Authority, represented by Arnold S. Cohen, Esq., petitions the Merit System Board for reconsideration of the final administrative decisions, rendered June 16, 1998 and May 5, 1998, in which the Board dismissed Blackwell's appeals of his 30-day suspension and removal without prejudice based on his failure to appear at a conference hearing on May 1, 1998 and a settlement conference on April 7, 1998.

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-68 CONSTRUCTION OFFICIAL/FIRE OFFICIAL (M2143A), BOROUGH OF POINT
PLEASANT

The appointing authority requests permission not to make an appointment from the certification for Construction Official/Fire Official (M2143A), Borough of Point Pleasant. This matter was held over the from the Board meeting of August 14, 2001.

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

B-69 NORTH BERGEN TOWNSHIP
The Director, Division of Human Resource Management, Department of Personnel, requests that North Bergen Township be permitted to selectively certify and hire only those eligibles from open competitive lists who are residents of Jersey City and North Bergen.

ACTION: The Merit System Board granted the request.

B-70 LANDSCAPE DESIGNER TRAINEE
The Director, Division of Human Resource Management, recommends reallocation of the Landscape Designer Trainee title from the competitive division to the non-competitive division of the career service in accordance with N.J.A.C. 4A:3-1.2.

ACTION: The Merit System Board granted the request.

B-71 WILLIAM DONNERSTAG
William Donnerstag, a part-time Senior Emergency Medical Technician with the City of Passaic Police Department, represented by Gregory A. Busch, Esq., petitions the Merit System Board for back pay and benefits following the dismissal of a disciplinary charge at his departmental hearing. Appellant also requests counsel fees for his representation in this matter.

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

B-72 EDGAR OYOLA
Edgar Oyola, a County Correction Officer with Mercer County, represented by Stuart A. Tucker, Esq., requests a hearing regarding his 60-day suspension.

ACTION: The Merit System Board denied the request for a hearing.

B-73 DORA BRIGGS
The appeal of Dora Briggs, a Food Service Worker with the County of Monmouth, Department of Health Care Facilities, of her removal, effective October 27, 2000, was heard by Administrative Law Judge (ALJ) Joseph F. Martone, who rendered his initial decision on August 2, 2001. At its meeting on September 18, 2001, the Board did not adopt the ALJ's recommendation that the removal be upheld. Rather, the Board modified the removal to a six-month suspension. 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)

Margaret E. L. Howard (Abstained)

Judith L. Shaw (Yes)

Leo Vartan (Yes)

B-74 DONALD J. HEADLEY
The appeals of Donald J. Headley, Director of Data Processing with the City of Atlantic City, of a 30-day suspension and demotion on charges, and a 60-day suspension on charges, were heard by Administrative Law Judge John R. Tassini (ALJ), who rendered his initial decision on July 19, 2001, upholding the 30-day suspension and demotion and upholding the 60-day suspension. At its meeting on September 18, 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 final decision.

VOTE: Janice Mitchell Mintz (Yes)

Alan Dexter Bowman (Yes)

Margaret E. L. Howard (Abstained)

Judith L. Shaw (Yes)

Leo Vartan (Yes)

B-75 DAVID S. ANDERSON
David S. Anderson appeals the determination by the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Construction Code Inspector (PS3329D), Department of Community Affairs.

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

B-76 MICHAEL BRANNON
Michael Brannon appeals the determination of the Division of Selection Services, which found he did not meet the experience requirements for the promotional examination for Principal Storekeeper (PC1777B), Cape May County.

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

B-77 ELISA A. BILLUPS AND ANNE CRETER
Elisa A. Billups and Anne Creter appeal the determination of the Division of Selection Services which found that they did not meet the minimum experience requirements for the promotional examination for Investigator 1 (PS8632K), Division of Youth and Family Services.

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

B-78 ROSEMARIE BUSTARD
Rosemarie Bustard 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 Administrative Analyst 4 (PS0713P), Juvenile Justice Commission.

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

B-79 RONALD CICCONE AND KENNETH SOLINSKI
Ronald Ciccone and Kenneth Solinski appeal the determinations of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Public Works Repairer (PM0422A), Kearny.

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

B-80 WILLIAM CROSBY
William Crosby 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 Program Coordinator Senior Citizens Transportation (PM1182B), City of Atlantic City.

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

B-81 JANE CSIZMADIA
Jane F. Csizmadia appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Senior Technician, Management Information Systems (S6241A).

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

B-82 ANNA CURTIS-STEPHENS
Donna J. Hope, Manager, Human Resources, Department of Agriculture, appeals the determination of the Division of Selection Services which found that Anna Curtis-Stephens, per the substitution clause for education, was below the minimum requirements in experience for the promotional examination for Administrative Assistant 3 (PS3577A), Department of Agriculture.

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

B-83 AMY DELLABELLA
Amy Dellabella appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Assistant Buyer (PM0587C), City of Bayonne.

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

B-84 JOYCE C. FERRARO, ET AL.
Joyce C. Ferraro, Raymond J. Gray, Linda Howell and Lois A. Sieklik appeal the determination of the Division of Selection Services, which found that they did not meet the requirements for the promotional examination for Supervising Program Development Specialist (Mental Health Services), PS8198K), Greystone Park Psychiatric Hospital.

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

B-85 CAROLYN HUNT
Carolyn Hunt appeals the determination of the Division of Selection Services, which found that she was ineligible for the promotional examination for Executive Assistant 2 (PS2879I), Garden State Youth Correctional Facility, because she was not permanent in a title to which the examination was open.

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

B-86 FLORENCE KINTNER
Florence Kintner 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 Principal Training Technician (PS9430K), Senator Garrett W. Hagedorn Center for Geriatrics.

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

B-87 KENNETH MARTIN, ANTHONY SPINA AND ROBERT STUERZE
Kenneth Martin, Anthony Spina and Robert Stuerze appeal their ineligibility for the promotional examination for County Correction Lieutenant (PC2586B), Ocean County.

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

B-88 CHRISTINE MCLARNON
Christine McLarnon appeals the determination of the Division of Selection Services which found that she was below minimum requirements in experience for the promotional examination for Assistant Chief Clerk (PC0921B), Cape May County.

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

B-89 TABATHA MEALEY-PRIDGEN
Tabatha Mealey-Pridgen appeals the determination of the Division of Selection Services, which found that she did not submit the required transcript or list of courses and credits to meet the education requirements for the promotional examination for Supervising Program Specialist, Substance Abuse/AIDS (PM1257B), City of Paterson.

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

B-90 JOANNE STRANGE
The appointing authority, on behalf of Joanne Strange, 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 Assistant Municipal Treasurer (PM0774B), Deptford Township.

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

B-91 DIANE D. STRATTON, ET AL.
Diane D. Stratton, Rose M. Caprio, Juditha A. Rivera, and Cheryl L. Teel-Keese appeal the determinations of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Administrative Assistant 3 (PS2158T), Department of Transportation.

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

B-92 RICHARD YARSINSKY
Richard Yarsinsky appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in education for the promotional examination for Manager 4 Waste Management (Technical/Scientific) (PS0419G), Department of Environmental Protection.

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

B-93 MARYANN ELWOOD
Maryann Elwood appeals her score and rank on the promotional list for Senior Groundskeeper (PC22288A), Monmouth County Parks.

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

B-94 DENNIS KOHRHERR
Dennis Kohrherr appeals his seniority score for the examination for Police Captain (PM3550B), Union City.

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

B-95 DAVID B. MACINNES
David B. MacInnes appeals the determination of the Division of Selection Services which found that, as of the closing date, he was not permanent in the competitive division for the promotional examination for Construction and Maintenance Technician 4 (PS5065T), Department of Transportation.

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

B-96 JON OSENKO
Jon Osenko requests a refund of the application processing fee for the Entry Level Law Enforcement Examination (S9999B for various titles.

ACTION: The Merit System Board denied the request.

B-97 PROPOSED 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. NEW RULES
It is recommended that the proposed 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 (New Rules), which would codify the intergovernmental transfer program, be adopted as proposed.

ACTION: The Merit System Board adopted the proposed amendments and new rules.

B-98 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of September 25, 2001 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of it meeting September 25,
2001.

B-99 ROSE PRELL
The Township of Irvington (Township), represented by Paula A. Garrick, Assistant Township Attorney, petitions the Merit System Board (Board) for a stay of the Board decision rendered June 26, 2001, which returned Rose Prell (Prell) to the position of administrative Secretary in the Department of Revenue and Finance with the Township, pending the Township's appeal to the Superior Court, Appellate Division (Appellate Division). Additionally, Prell, represented by Lawrence N. Lavigne, Esq., seeks enforcement of that decision.

ACTION: The Merit System Board denied the request for stay, but granted the request
for enforcement.

B-100 EARLY SETTLEMENTS
Emmanuel Eze
Division of Youth and Family Services
Department of Human Services
Removal

Shirley Madrigal
Division of Family Development
Department of Human Services
30-day suspension

Ramona Murray
Ancora Psychiatric Hospital
Department of Human Services
10-day suspension

Gregory C. Nelson
County of Hudson
Department of Corrections
Removal

Doris Preyer
Vineland Developmental Center
Department of Human Services
Resignation no in good standing

Deborah Scully-Bryan
County of Morris
Department of Long Term Care Services
Resignation not in good standing

Victoria Taylor
New Lisbon Developmental Center
Department of Human Services
Removal

Theresa Thornton
Division of Youth and Family Services
Department of Human Services
Removal

Louis Vega
City of Jersey City
Police Department
18-day suspension

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, October 23, 2001, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
JANICE MITCHELL MINTZ
COMMISSIONER
MERIT SYSTEM BOARD

 
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