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

A regular meeting of the Merit System Board was held on Tuesday, October 23, 2001, in Trenton, New Jersey.

PRESENT: Chairwoman Janice Mitchell Mintz, Merit System Board Members, Judith L. Shaw, and Leo Vartan; Elizabeth Laufer, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.

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

Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on November 30, 2000, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:

Aahmad Abdullah, et al., Family Service Worker, Department of Citizen Services, County of Essex.

Mecca Abdur-Rahim, et al., Family Service Worker, Department of Citizen Services, County of Essex.

Mark Boyd, Police Lieutenant, Township of Lawrence, list bypass.

Cynthia Brown, Records Technician 3, Motor Vehicles, Division of Human Resources, Department of Transportation, suspension.

La Vonne Gaskins, et al., Family Service Worker, Department of Citizen Services, County of Essex.

Nicole Mallory, Hospital Attendant, County of Burlington, removal.

Delores Neal, et al., Family Service Worker, Department of Citizen Services, County of Essex.

Eugene Onukogu, Investigator 1, Passaic Vicinage, Department of Judiciary, list removal.

Regina Oshiopekhai, et al., Family Service Worker, Department of Citizen Services, County of Essex.

Robert Romer, Senior Correction Officer, South Woods State Prison, Department of Corrections, indefinite suspension.

Shawn Verma, et al., Family Service Worker, Department of Citizen Services, County of Essex.

Zakiyyah Walter, Senior Security Guard, Newark School District, suspension.

Maurice Williams, Juvenile Detention Officer, County of Passaic, removal.

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Horace Burke
Vineland Developmental Center
Department of Human Services
Resignation not in good standing

In the Matter of Henry Bussey
Department of Corrections
Back pay dispute

In the Matter of James Duncan
Albert C. Wagner Correctional Facility
Department of Corrections
Resignation not in good standing

In the Matter of Teresa Faria
County of Camden
Board of Managers
Removal

In the Matter of Linda Gilmore
New Jersey Veterans' Memorial Home at Menlo Park
Military and Veterans' Affairs
Removal

In the Matter of Michael Hiltner
City of Atlantic City
Removal

In the Matter of Odelle Jefferson
Division of Youth and Family Services
Department of Human Services
Suspension

In the Matter of Moses S. Martinez
Jersey City School District
Removal

In the Matter of Mitchell Mercer
Department of Treasury
Suspension

In the Matter of Margaret Mobley
County of Burlington
County Jail
Suspension

In the Matter of William Morley
Department of Labor
Suspension

In the Matter of Joseph Russo
County of Passaic
Sheriff's Department
Removal

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

ACTION: The Merit System Board acknowledged the settlements with the
exception of Teresa Faria.

A-2 GEORGE ALFONSO
George Alfonso, Institutional Trade Instructor, East Jersey State Prison, Department of Corrections, 30-day suspension on charges of insubordination and misuse of public property.

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

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

A-3 CHRISTOPHER GIALANELLA
Christopher Gialanella, Police Officer, City of Newark, Police Department, release at the end of the working test period effective July 23, 1999.

Recommendation of the Administrative Law Judge - Reverse the release at the end of the working test period and afford a new shortened working test period of two months.

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

A-4 SILAS SMITH

Silas Smith, Police Officer, City of Newark, Police Department, release at the end of the working test period effective July 23, 1999.

Recommendation of the Administrative Law Judge - Reverse the release at the end of the working test period and afford a new shortened working test period of two months.

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

A-5 ANTHONY S. VENANCIO

Anthony S. Venancio, Police Officer, City on Newark, Police Department, release at the end of the working test period effective July 23, 1999.

Recommendation of the Administrative Law Judge - Reverse the release at the end of the working test period and afford a new shortened working test period of two months.

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

A-6 ANTHONY D. PREVITE
Anthony D. Previte, Police Officer, City of New Brunswick, Police Department, two six-day suspensions on charges of incompetency and inefficiency or failure to perform duties (for the first suspension only), insubordination, conduct unbecoming a public employee and other sufficient cause: violation of various department rules and regulations (for both suspensions).

Recommendation of the Administrative Law Judge - Uphold both six-day suspensions.

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

A-7 JOHN WILLIAMS
John Williams, Human Services Technician, Ancora Psychiatric Hospital, Department of Human Services, 30-day suspension on the charge of possession of alcoholic beverages while on state property.

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

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

A-8 VERONICA CASSIDY
Veronica Cassidy, School Bus Driver, Brick Township School District, removal on charges of abuse of sick leave and insubordination.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-9 DEBORAH JACKSON
Deborah Jackson, Teacher Aide Handicapped Program, Jersey City School District, removal effective March 17, 2000, on charges of being absent without approval and conduct unbecoming an employee.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-10 LUCILLE LAWSON
Lucille Lawson, Human Services Technician, Ancora Psychiatric Hospital, Department of Human Services, removal effective March 24, 2000, 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-11 DEBORAH SPECCHIO
Deborah Specchio, Truck Driver, Township of Middletown, Department of Public Works, removal effective January 30, 2000, on the charge of a second violation of the Commercial Drivers License drug testing policy.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-12 GAIL MURRAY
Gail Murray, Human Services Assistant, Woodbine Developmental Center, Department of Human Services, removal effective December 16, 1999, on charges of abuse of a patient and leaving assigned work area without permission creating a danger to persons. The Merit System Board at its meeting of August 14, 2001 modified the removal to a 10-day suspension, but the matter is now presented for reconsideration.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-13 JORGE PORRES
Jorge Porres, Police Officer, City of Union City, Department of Public Safety, removal effective January 14, 2000, on charges of conduct unbecoming a public employee, neglect of duty, and other sufficient cause. This matter was held over from the Merit System Board meeting of August 14, 2001.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-14 RAYMOND MURRAY - SETTLMENT
Raymond Murray, Deputy Warden, County of Hudson, Department of Corrections, indefinite suspension effective March 28, 1989 and removal effective September 25, 1998, on charges of neglect of duty, conduct unbecoming a public employee and incompetency, inefficiency or failure to perform duties.

ACTION: The Merit System Board acknowledged the settlement.

A-15 STEVEN SCHWEGEL
Steven Schwegel, Police Officer, Department of Public Safety City of Vineland, removal effective November 1, 1999, on charges of various violations of Department rules and regulations, and neglect of duty.

ACTION: The Merit System Board acknowledged the settlement.

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

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

B-2 ROBERT CARABALLO
Robert Caraballo, represented by Charles Grossman, Esq., appeals his rejection as a Police Officer candidate by the City of Newark 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 granted.

B-3 JOHN HAMPTON
John Hampton 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-4 JOSEPH SCHUSTER
Joseph Schuster 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 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 RAYMOND STABILE
Raymond Stabile 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-6 JOHN R. YOUNGCLAUS
John R. Youngclaus, represented by Marco A. Laracca, 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-7 EDELINE BURNETT
Edeline Burnett, a Human Services Technician with Trenton Psychiatric Hospital, 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-8 DARRIN R. COX
Darrin R. Cox, a Senior Correction Officer with Mountainview Youth Correctional Facility, 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-9 JOHN FARNSWORTH
John Farnsworth, a former Senior Geologist with the Department of Environmental Protection, appeals the denial of sick leave injury (SLI) benefits.

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

B-10 GUSSIE L. JORDAN
Gussie L. Jordan, a former Human Services Technician with Greystone Park Psychiatric Hospital, 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-11 NEIL KATZ
Neil Katz, a Senior Correction Officer with the Department of Corrections, represented by Mark D. Kurdyla, Esq., appeals the denial of sick leave injury benefits.

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

B-12 ELLEN LANE
Ellen Lane, a former Medical Services Assistant at Trenton 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 granted.

B-13 KEVIN J. MCCORMACK
Kevin J. McCormack, a Senior Correction Officer with East Jersey State Prison, Department of Corrections, represented by Daniel Geddes, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-14 CAROLYN PYLILO
Carolyn Pylilo, a Head Nurse 12 Months with Greystone Park Psychiatric Hospital (GPPH), 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-15 ELIZABETH ROCKEL
Elizabeth Rockel, a Customer Services Representative 2 with the Department of Health and Senior Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-16 DENISE CABRERA
Denise Cabrera requests that her name be restored to the eligible list for Juvenile Detention Center Officer (S9999A), Middlesex County.

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

B-17 DENISE CABRERA
Denise Cabrera requests that her name be restored to the eligible list for Correction Officer Recruit (S9999A), Department of Corrections.

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

B-18 ROBERT GREEN
Robert Green appeals the decision of Selection Services, which found that the appointing authority had sufficiently documented and supported its request to remove his name from the eligible list for Correction Officer Recruit (S9999A), Department of Corrections, on the basis of an unsatisfactory criminal record.

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

B-19 FRANCESCO LIOTTI
Francesco Liotti appeals his rejection as a County Correction Officer by Essex County and its request to remove his name from the County Correction Officer (S9999A) eligible list due to a positive drug test.

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

B-20 MICHAEL PASQUALE
Michael Pasquale 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-21 BENITO SALAFIA
Benito Salafia appeals the decision of Human Resource Information Services which removed the appellant's name from the Senior Maintenance Repairer (C63460), Passaic County eligible list, due to the appellant's failure to appear for preemployment processing.

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

B-22 HOWARD A. SERUBY
Howard A. Seruby appeals the decision of Human Resource Information Services which found that the Office of the Public Defender had presented a sufficient basis to remove the appellant's name from the Investigator, Public Defender (S6164W), eligible list due to an unsatisfactory employment history.

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

B-23 EDWARD TALABI
Edward Talabi appeals the request of the appointing authority to remove his name from the Auditor Accountant Trainee (S6324B), Department of the Treasury, eligible list based on a claimed inability to communicate effectively in English in order to perform the duties of the position.

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

B-24 CHARAE THOMPSON
Charae Thompson appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove her name from the Correction Officer Recruit (S9999V) eligible list as a result of the falsification of her employment application and an unsatisfactory criminal background.

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

B-25 VINCENT UCCI
Vincent Ucci, a Police Officer with the City of Newark, represented by Robert J. Nemshick, Esq., appeals the decision of Selection Services which upheld his bypass on the December 10, 1998 certification of the Police Sergeant (PM4090R) list.

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

B-26 ROBERT D. GREENE
Robert D. Greene, a Head Cook 3 with East Jersey 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-27 MICHELLE MACCABE
Michelle MacCabe, a Correction Sergeant at Mountainview Youth Correctional Facility, 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 subject to conduct in violation of the New Jersey Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace. It is noted that at the time at issue, the appellant was a Senior Correction Officer with the DOC's Bureau of Training.

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

B-28 MATTHEW RUGGIERO
Matthew Ruggiero, a Hearing Officer Inmate Disciplinary Program with the Department of Corrections (DOC), appeals the determination of the Director of Equal Employment Division with the DOC, stating that the appellant failed to present sufficient evidence to support a finding 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-29 LIMMIE CAVER
Limmie Caver, a Police Officer with the City of Trenton, represented by Jessica L. Herbster, Esq., petitions the Merit System Board (Board) for reconsideration of the final administrative decision, rendered September 12, 2000, in which the Board dismissed Caver's appeal of an 18-day suspension without prejudice based on his failure to appear at a hearing that was scheduled for June 6, 2000.

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

B-30 JAMES COMBS, JR.
James Combs, Jr., represented by Lawrence E. Popp, Esq., requests that the Merit System Board reinstate his appeal of his removal from the special reemployment list for Human Services Assistant, which was dismissed by Administrative Law Judge Kathryn Clark on September 10, 2001 based on Combs' failure to appear at a scheduled hearing.

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

B-31 KATHRYN KRAKOW
Kathryn Krakow, a former Institutional Coordinator, Foster Grandparent Program at Woodbine Developmental Center, Department of Human Services, petitions the Merit System Board for reconsideration of the final administrative decision, rendered May 8, 2001, upholding her release at the end of the working test period.

ACTION: The Merit System Board denied the request.

B-32 STEPHEN MCWHERTER
The Department of Corrections (DOC), represented by Jennifer Chianese, Law Assistant, petitions the Merit System Board (Board) for reconsideration of the Board decision rendered on June 12, 2001, which modified the removal of Stephen McWerter, Correction Lieutenant, Mid-State Correctional Facility, DOC, to a 30-day suspension. Additionally, the DOC seeks a stay of that decision pending the Board's reconsideration of the matter.

ACTION: The Merit System Board denied the request for reconsideration, and
dismissed the request for a stay as moot.

B-33 JAMES CAMPBELL
James Campbell, a Senior Maintenance Repairer with the Jersey City Housing Authority, represented by Neal E. Brunson, Esq., seeks enforcement of the Merit System Board decisions rendered on January 11, 2000 and April 18, 2000, granting him back pay.

ACTION: The Merit System Board granted a hearing.

B-34 ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST KAREN HARRIGAN V. DEPARTMENT OF THE TREASURY
On September 7, 2001 Administrative Law Judge (ALJ) M. Kathleen Duncan issued an initial decision consolidating the Merit System Board appeals and an unfair practice charge with the Public Employment Relations Commission (PERC). In that order, the ALJ determined that the matters be consolidated and that the Merit System Board (Board) had the predominant interest. Based on the ALJ's Order, the Board and PERC developed a joint order modifying the ALJ's Order giving predominant interest to the PERC. The proposed joint order is now submitted for the Board's approval.

ACTION: The Merit System Board adopted the joint order.

B-35 PROFESSIONAL TRAINEE LISTS
The Director, Division of Selection Services, requests modification of the expiration date for nine professional trainee eligible lists.

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

B-36 ANDREW CAAMANO
The appeal of Andrew Caamano, a Bergen County Sheriff's Officer, of his 60-day suspension and removal and resignation not in good standing, effective December 7, 2000, on charges, was before Administrative Law Judge Elinor R. Reiner (ALJ), who rendered her initial decision on June 14, 2001. At its meeting on September 25, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to acknowledge the settlement agreement reached by the parties. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-37 GARRY DIMATTIA
The appeal of Garry DiMattia, an Assistant Engineer in Charge of Maintenance 2 at Riverfront State Prison, Department of Corrections, of his 30-day suspension on charges, was heard by Administrative Law Judge Robert W. Scott (ALJ), who rendered his initial decision on August 15, 2001. At its meeting on September 25, 2001, the Merit System Board (Board) adopted the ALJ's recommendation that the appellant complete a training program on the supervision and handling of subordinates and on behavior management. The Board further determined that a 30-day suspension be modified and that a suspension for 10-days was warranted. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-38 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 heard by Administrative Law Judge Robert W. Scott (AJL), who rendered his initial decision on May 23, 2001, modifying the removals to six-month suspensions. At its meeting on October 10, 2001, the Merit System Board (Board) granted reconsideration of its prior decision, rendered August 14, 2001, which upheld the removals, and again upheld the removals. 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-39 DONALD MANKA
The appeal of Donald T. Manka, a County Correction Officer with Burlington County, of his removal, effective October 18, 1999, on charges, was heard by Administrative Law Judge M. Kathleen Duncan (ALJ), who rendered her initial decision on August 6, 2001, upholding the removal. At its meeting on September 25, 2001, the Board adopted the ALJ's recommendation. The final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-40 BARBARA S. BAUMAN
Barbara S. Bauman appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Secretarial Assistant 3 (Non-Stenographic) (PS3225P), Juvenile Justice Commission.

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

B-41 LAURA CERMINARA
Laura Cerminara 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 open competitive examination for Administrative Analyst (C6084B), Burlington County.

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

B-42 ROSEMARIE CRAMER, ET AL.
Rosemarie Cramer, Dawn Holley and Judith Scardino appeal the determination of the Division of Selection Services which found that, per the substitution clause for education, they were below the minimum requirements in experience for the promotional examination for Technician Management Information Systems (PS3110K), Division of Developmental Disabilities.

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

B-43 DONNA CUMMINS AND JOHN FINE
Donna Cummins and John Fine appeal the determination of the Division of Selection Services which found that they were below minimum requirements in experience for the promotional examination for Senior Clerk Transcriber (PS4348K), New Lisbon Developmental Center.

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

B-44 CANIO D'ADEZZIO
Canio D'Adezzio appeals his ineligibility for the examination for Police Sergeant (PM2520A), City of East Orange.

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

B-45 COLLEEN DENELSBECK
Colleen Denelsbeck appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Supervising Program Development Specialist, Community Service (PC6799B), Atlantic County.

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

B-46 THOMAS DOYLE
Thomas Doyle appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Director of Social Rehabilitation Services (PC1883B), Gloucester County.

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

B-47 NARINDER K. GAUTAM
Narinder K. Gautam appeals the determination of the Division of Selection Services which found that he failed to satisfy the unit scope eligibility requirements for the promotional examinations for Insurance Analyst 2 (Life and Health) (PS7410L) and (PS9325L), Department of Banking and Insurance.

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

B-48 DARREN GORCZYCA
The Business Administrator, City of South Amboy, on behalf of Darren Gorczyca appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Truck Driver (PM0899B), City of South Amboy.

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

B-49 SHERYL A. GRANT
Sheryl A. Grant appeals the determination of the Division of Selection Services which found that, per the education substitution clause, she did not meet the experience requirements for the promotional examination for Administrative Analyst 2 (Data Processing) (PS4439T), Department of Transportation.

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

B-50 EVELYN HERNANDEZ
Evelyn Hernandez 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 (PS4862K), Division of Youth and Family Services, Department of Human Services.

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

B-51 MARK HURLBURT
Mark Hurlburt appeals the determination of the Division of Selection Services which found that he did not meet the experience requirement for the Investigator, Consumer Protection (C1682C), Ocean County, open competitive examination.

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

B-52 GORDON K. JOHNSON, JR.
Gordon K. Johnson, Jr., appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the promotional examination for Supervisor, Trees (PC8360B), Hunterdon County.

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

B-53 GINA KULCH
Gina Kulch 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 Field Representative, Senior Citizens Program (C1693C) Middlesex County.

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

B-54 KAREN LARUSSA
Karen LaRussa 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 the "dual" title Analyst Grant Applications/Program Monitor (C6917B), Essex County.

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

B-55 ROSE LEWIS
Rose Lewis appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Supervising Clerk (PM0436B), City of Bayonne.

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

B-56 FLORENCE LUSCHINSKI
Florence Luschinski appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Health Care Facilities Evaluator 2 (PS0844H), Department of Health and Senior Services.

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

B-57 BRENDA LYNCH
Brenda Lynch appeals the determination by the Division of Selection Services, which found that she did not meet the experience requirement for the promotional examination for Claims Adjuster (PC0316B), Ocean County.

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

B-58 JUDY MARIS
Judy Maris appeals the decision of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Building Management Services Specialist 2 (PS8125G), Department of Environmental Protection.

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

B-59 PATRICIA A. MARTINELLI
Patricia A. Martinelli 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-60 STEPHANIE MCCABE
Stephanie McCabe 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, Department of Human Services.

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

B-61 EDWARD L. MOGILA
Edward L. Mogila appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the promotional examination for Water & Sewer Utilities Superintendent (PM1688B), Jackson Township Municipal Utilities Authority.

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

B-62 GLORIA NADEL
Gloria Nadel appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the open competitive examination for Site Manager, Nutrition Program (M6138B), City of Paterson.

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

B-63 HARISH P. PANJABI AND CRAIG E. PATTERSON
Harish P. Panjabi and Craig E. Patterson appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirement for the promotional examination for Manager 1, Fiscal Resources (S6308B).

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

B-64 DOUGLAS PHILLIPS
The appointing authority, on behalf of Douglas Phillips, 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 Mechanic/Public Works Repairer (PM1152B), Monroe Township.

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

B-65 SANDRA PHILPOT
Sandra Philpot appeals the determinations of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examinations for Accounting Assistant (PS7585J), and Accountant 3 (PS0862J), William Paterson University.

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

B-66 DENISE RODRIGUEZ
Denise Rodriguez appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in the experience for the promotional examination for Technical Assistant MIS (PS2291K), New Lisbon Developmental Center.

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

B-67 DAWN SCHLEICHER
Dawn Schleicher appeals the determination of the Division of Selection Services which found that she did not meet the eligibility requirements for the promotional examination for Family Service Specialist 2 (PS2106K), Division of Youth and Family Services.

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

B-68 JON J. SIEGERT, JR.
Jon J. Siegert, Jr. appeals the determination by the Division of Selection Services, which found that he did not meet the experience requirement for the promotional examination for Repairer, Stationary Equipment (PC0382B), Monmouth County.

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

B-69 GREGORY A. SIPPLE
Gregory A. Sipple appeals the determination by the Division of Selection Services, which found that he did not meet the experience requirement for the promotional examination for Chief of Land Acquisition and Design (PC0935B), Warren County.

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

B-70 PATRICIA M. STEINMETZ
Patricia M. Steinmetz appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Secretarial Assistant 3 (Non-Stenographic) (PS3225P), Juvenile Justice Commission.

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

B-71 DOROTHY STILES AND DIANE SZILAGYI
Dorothy Stiles and Diane Szilagyi appeal the determination of the Division of Selection Services, which found that they did not experience requirements for the promotional examination for Secretarial Assistant 3 (Non-Stenographic) (PS0636J), Rowan University.

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

B-72 PHYLLIS L. STUBBS
Phyllis L. Stubbs appeals the determination of the Division of Selection Services which found that she did not meet the education and experience requirements for the promotional examination for Assistant Municipal Treasurer (PM3010A), Lakewood Township.

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

B-73 JASON TAYLOR
Jason Taylor appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Water Meter Repairer (PM0906B), City of Trenton.

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

B-74 KAREN UHLIG
Karen Uhlig appeals the decision of the Division of Selection Services that found that per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Administrative Assistant 3 (PS0596D), Department of Community Affairs.

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

B-75 MATTIE VEREEN
Mattie Vereen appeals the determination by the Division of Selection Services, which found that she did not meet the experience requirement for the promotional examination for Customer Service Representative (PM326C), City of Trenton.

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

B-76 EDRIE WILLIAMS
Edrie 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 Training Technician (PC0290B), Burlington County Board of Social Services.

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

B-77 CARLA J. COOK, ET AL.
The Director, Division of Selection Services requests reconsideration of the prior decision of the Merit System Board, In the Matter of Carla J. Cook, et al., Management Improvement Specialist 1 (PS9795U), Office of Information Technology (decided June 12, 2001), which affirmed the denial of the eligibility of Carla J. Cook, Elizabeth Scarlata and David Scerba for admittance to the aforesaid promotional examination.

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

B-78 MARY MITCHELL-FINNEY
Mary Mitchell-Finney appeals the determination of the Division of Selection Services which found that she failed to achieve a passing score on the promotional examination for Administrative Supervisor 1, Transportation (PS3511T), Department of Transportation.

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

B-79 WILLIAM NARDIELLO
William Nardiello appeals his score and rank on the promotional employment list for Supervising School Bus Driver, (PM0439B), Brick Township.

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

B-80 ERNESTINE BOWYER
Ernestine Bowyer appeals the determination of the Division of Selection Services which found that she did not have permanent status in the competitive division for the promotional examination for Senior Data Entry Machine Operator (PS0640K), Vineland Developmental Center.

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

B-81 KEVIN COOPER
Kevin Cooper, represented by Gregory Busch, Esq., appeals the denial of a make-up examination for Fire Captain (PM3618A), Clifton.

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

B-82 GEORGE NAPOLEON
George Napoleon appeals the administration of the open competitive examination for Entry Level Law Enforcement (S9999B).

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

B-83 MARY SHERWOOD
The Director, Division of Human Resource Management, on behalf of the Department of Education, requests that Mary Sherwood's out-of-title work experience be accepted to qualify her for a prospective promotional examination for the title of Administrative Assistant 1.

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

B-84 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of October 10, 2001 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of
October 10, 2001.

B-85 TYRONE GREENE
The appeal of Tyrone Green, a Human Services Assistant with Ancora Psychiatric Hospital, Department of Human Services, of his removal effective February 23, 1999, on charges, was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on April 23, 2001. At its meeting on September 18, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to reverse the appellant's removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-86 LISA MALLARD
The appeals of Lisa Mallard, Principal Drafting Technician, Bridge Design with the Department of Transportation of her 15-day suspension, beginning June 12, 2000, and removal effective July 14, 2000, were heard by Administrative Law Judge Bruce R. Campbell (ALJ), who rendered his initial decision on May 29, 2001. At its meeting on September 18, 2001, the Merit System Board adopted the ALJ's recommendation to uphold the removal. The Board also upheld the suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-87 PROPOSED AMENDMENTS TO N.J.A.C. 4A:2-2.12, COUNSEL FEE RANGES AND OTHER REIMBURSABLE FEES IN MAJOR DISCIPLINARY MATTERS
It is recommended that the proposed amendments to N.J.A.C. 4A:2-2.12, Counsel Fee Ranges and Other Reimbursable Fees in Major Disciplinary Matters be adopted by the Board without change.

ACTION: The Merit System Board adopted the proposed amendments.

B-88 SALARY REGULATIONS: SUPPLEMENT 2 AND SUPPLEMENT 3 FOR FISCAL YEAR 2002
It is recommended that the Board record the Salary Regulations: Supplement 2, Casino Control Commission and Supplement 3, Management 3, for fiscal year 2002 be recorded.

ACTION: The Merit System Board recorded the Salary Regulations for Fiscal
Year 2002.

B-89 EARLY SETTLEMENTS
John Ford
Buttonwood Hospital
Burlington County
Release at the end of the working test period

Mark Kelley
Bayside State Prison
Department of Corrections
Resignation not in good standing

Dale A. Lynch, Jr.
Township of Voorhees
5-day, 10-day and 20-day suspensions

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 Thursday, November 8, 2001, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
JANICE MITCHELL MINTZ
COMMISSIONER
MERIT SYSTEM BOARD

 
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