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


A regular meeting of the Merit System Board was held on Thursday, November 8, 2001 in Trenton, New Jersey.

PRESENT: Chairwoman Janice Mitchell Mintz, Merit System Board Members, Margaret E.L. Howard, Judith L. Shaw and Leo R. 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.

The Merit System Board agenda B-items were taken out of order to accommodate the need of Board Member Judith Shaw's departure before the conclusion of the agenda. The Board considered items B-25, 45, 47, 48 and 49 first and then proceeded to consider the remainder of the Miscellaneous Matters in consecutive order, for which Board Member Judith Shaw was absent.

All actions were by unanimous vote unless otherwise specified.

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.

DATE: October 10, 2001

TO: Janice Mitchell Mintz, Commissioner
Department of Personnel

Henry S. Maurer, Director
Merit System Practices and Labor Relations

FROM: Marjorie A. Schwartz, Director
Human Resource Management

SUBJECT: Amendment of a Previous Merit System Board Action

DEPARTMENT OF ENVIRONMENTAL PROTECTION
The Merit System Board approved the establishment of a consolidated title series to implement the Division of Parks and Forestry's initiatives for the Statewide Interpretive Plan. The action was approved on August 14, 2001, retroactive to June 2, 2001, and entailed the creation of two base titles and two variant titles for each base, and a title verbiage change for two existing titles. This action was prepared to include the elimination of five other titles; three levels in the Historic Preservation Specialist series, Resource Interpretive Specialist 3, and the Naturalist.

Our efforts to implement the resulting crosswalk of staff have revealed a miscommunication of intent. We have since learned that the Department plans to continue use of the Historic Preservation Specialist series to classify staff assigned to the central office. The consolidated title series was intended for staff assigned to the historic sites, state parks, forests and recreational areas. Consequently, implementation of this decision will result in the inactivation of only two titles, Naturalist and Resource Interpretive Specialist 3.

ACTIVATION OF TITLES:
Effective: 06/02/01

Historic Preservation Specialist        Senior Historic Preservation Specialist
P18-15679    *    NE                        P21-15680    *    NE

Principal Historic Preservation Specialist
R24-15681    *    NE

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Maurice Barnes
Division of Youth and Family Services
Department of Human Services
Removal

In the Matter of Karen A. Brevogel
County of Burlington
Buttonwood Hospital
Removal

In the Matter of Juan Franco
County of Essex
Department of Citizen Services
Release at the end of the working test period

In the Matter of Deborah Jones
Division of Mental Health Services
Department of Human Services
Suspension and Fine

In the Matter of Robert Kuter
County of Middlesex
Sheriff's Department
Suspension

In the Matter of Channell Love
New Jersey Department of Treasury
Suspension

In the Matter of Erich Rauchbach
East Jersey State Prison
Department of Corrections
Suspension

In the Matter of Virgil Roberts
East Jersey State Prison
Department of Corrections
Suspension

In the Matter of Clifton Square
Division of Taxation
Department of Treasury
Suspension

In the Matter of Tammy Sykes
Newark Housing Authority
Suspension

In the Matter of Vincent Ucci
City of Newark
Police Department
Suspension

In the Matter of Barbara Williams
Trenton Psychiatric Hospital
Department of Human Services
Suspension

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

ACTION: The Merit System Board acknowledged the settlements.

A-2 KENNETH DAVIS
Kenneth Davis, Human Services Assistant, Trenton Psychiatric Hospital, Department of Human Services, 30-day suspension on the charge of neglect of duty which could result in danger to persons.

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

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

A-3 DAWN DEAN
Dawn Dean, County Correction Officer, County of Mercer, Department of Public Safety, 10-day suspension on charges of conduct unbecoming a county employee, neglect of duty, and failure or excessive delay in carrying out an order which could result in danger to persons or property.

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

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

A-4 CLIFFORD JOHNSON
Clifford Johnson, Sanitation Driver, City of Long Branch, Department of Public Works and Parks, 20-day suspension on the charge of other sufficient cause.

Recommendation of the Administrative Law Judge - Reverse the 20-day suspension.

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

A-5 LANCE SPENCER

Lance Spencer, County Correction Lieutenant, County of Burlington, County Jail, two demotions to the position of County Correction Sergeant effective September 27, 2000, on charges of incompetency, inefficiency or failure to perform duties, neglect of duty, and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold one of the demotions, and acknowledge the appointing authority's withdrawal of the other demotion.

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

A-6 JOHNNIE MAE BURGESS (CONSOLIDATION)
Johnnie Mae Burgess, Human Services Assistant, Greystone Park Psychiatric Hospital, Department of Human Services, three removals effective October 22, 1999 on charges of 1) neglect of duty 2) verbal abuse of an employee and, 3) creating a disturbance on State property, threatening and intimidating an employee, and insubordination.

Recommendation of the Administrative Law Judge - Uphold the three removals.

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

A-7 DAVID S. GRISCHUK
David S. Grischuk, Laborer, County of Middlesex, Department of Parks and Recreation, removal effective October 27, 2000, on charges of insubordination, misuse of public property and chronic or excessive absenteeism or lateness.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-8 KEITH JOHNSON (CONSOLIDATION)
Keith Johnson, Police Sergeant, City of Camden, Police Department, 1) demotion to the position of Police Officer and removal effective January 12, 1999, on charges of violations of Police Department rules regarding chronic or excessive absenteeism and insubordination and 2) two removals on charges of conduct unbecoming, insubordination, violation of various Police Department rules including being absent without leave for less than five consecutive working days, and incapacity due to mental or physical disability.

Recommendation of the Administrative Law Judge - Uphold the removals.

ACTION: The Merit System Board affirmed the recommendation of the
Administrative Law Judge, but also upheld the demotion.

A-9 GEORGE POLLOCK
George Pollock, General Supervisor Building Service, County of Atlantic, Department of Public Works, removal effective September 21, 1999, on charges of failure to perform duties, conduct unbecoming a public employee, neglect of duty and misuse of public property.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

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

A-10 PATRICK STOUT (CONSOLIDATION)
Patrick Stout, Human Services Assistant, New Lisbon Developmental Center, Department of Human Services, three removals effective July 15, 1999, on charges of leaving an assigned work area without permission, sleeping while on duty, physical and verbal abuse of an employee, and physical abuse of a client.

Recommendation of the Administrative Law Judge - Uphold the removals.

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

A-11 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. This matter was held over from the Merit System Board meeting of October 10, 2001.

Recommendation of the Administrative Law Judge - Reverse the removal.

ACTION: The Merit System Board reversed the recommendation of the
Administrative Law Judge to uphold the removal.

A-12 GAIL MURRAY
Gail Murray, Human Services Assistant, Woodbine Developmental Center, Department of Human Services, two removals effective December 16, 1999, on charges of physical 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 reversed one of the removals and modified one of the removals to a 10-day suspension, but the matter is now presented for reconsideration.

Recommendation of the Administrative Law Judge - Reverse the removals.

ACTION: The Merit System Board granted the request for reconsideration
and reversed one removal and modified the other removal to a six- month suspension.

A-13 MARGE ROSA (CONSOLIDATION)
Marge Rosa, a Police Officer with the City of Newark, was removed from her position as a Newark Police Officer, effective June 14, 1999 on the basis that she was dismissed from the Police Training Academy.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-14 JAMES JACKSON
James Jackson, a Security Guard with the State-Operated School District of Newark was removed from his position, effective September 28, 1999, on charges of 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.

SECTION B - MISCELLANEOUS MATTERS
B-1 KEVIN BAYON
Kevin Bayon 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 RANDY CHAMBERS
Randy Chambers 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-3 REGINALD COX
Reginald Cox 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 granted.

B-4 TIMOTHY BERRY
Timothy Berry, a Senior Correction Officer at Southern State Correctional Facility, Department of Corrections, represented by Walter H. Iacovone, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-5 HARRIET CANIK
Harriet Canik, a Manager 1, Fiscal Resources, with the 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-6 HOWARD DIRCKS
Howard Dircks, a Senior Correction Officer at East Jersey State Prison, Department of Corrections, represented by Mark Kurdyla, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-7 ROBERT GUNDERMAN
Robert Gunderman, a Senior Correction Officer at Edna Mahan Correctional Facility for Women, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-8 OPERDELLA HERRON-YOUNG
Operdella Herron-Young, a Teacher 1 - 12 Months with the 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-9 BETTY J. LARAMORE
Betty J. Laramore, a Senior Medical Security Officer with the Forensic 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-10 NICOLE (HAYMAN) STEWART
Nicole (Hayman) Stewart, a former Communications Operator Secured Facilities at South Woods State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-11 RAUL VEGA
Raul Vega, a Repairer at North Jersey 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 granted.

B-12 RICARDO AVILES
Ricardo Aviles, represented by Daniel J. Welsh, Esq., appeals the decision of Selection Services which found that the Township of North Bergen (Township) had presented a sufficient basis to remove the appellant's name from the Police Officer (S9999A) eligible list, on the basis of an unsatisfactory driving record.

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

B-13 JOHN BAUER
The request of the City of Jersey City, represented by Paul W. Mackey, First Assistant Corporation Counsel, to remove John Bauer from a recertification of the Fire Fighter (M9065S), Jersey City eligible list, on the basis of his failure to meet the residency requirement, has been referred to the Merit System Board for review.

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

B-14 ALVIN BELL
Alvin Bell appeals the decision of Human Resource Information Services (HRIS) which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Attendance Counselor (M6248O), Newark School District, on the basis that he was outside the residency scope.

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

B-15 WILLIAM CUBBERLEY
William Cubberley appeals the decision of Human Resource Information Services (HRIS) which found that the appointing authority had presented a sufficient basis to remove his name from the regular reemployment list for Data Processing Programmer 3, on the basis of his failure to maintain an interest in the position.

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

B-16 TERRICE N. MAYNOR
Terrice N. Maynor, represented by Robert J. Cardonsky, Esq., appeals the decision of Selection Services which found that the Department of Corrections (DOC) 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 driving record.

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

B-17 CLAUDIO TUNDO
Claudio Tundo, a Police Officer with the West Paterson Police Department, represented by Sanford R. Oxfeld, Esq., requests a hearing regarding his removal from employment, effective July 7, 2000.

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

B-18 NORA S. VILLANUEVA
Nora S. Villanueva appeals the determination of Human Resource Information Services, which found that the Department of Health and Senior Services had presented a sufficient basis to remove her from the Analyst 1, Research and Evaluation, Health and Senior Services (S0473A), Department of Health and Senior Services, eligible list, on the basis of failure to meet the education and experience requirements.

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

B-19 WILLIAM C. WILTSEY, III
William C. Wiltsey, III, represented by Gregory A. Busch, Esq., appeals the bypass of his name for appointment from the Police Lieutenant (PM3833V), Gloucester City, eligible list.

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

B-20 GREGORY CANFIELD
Gregory Canfield, a Head Nurse 12 Months with the Hunterdon Developmental Center, Department of Human Services (DHS), appeals the attached determination of the Assistant Commissioner for Human Resources, DHS, that the appellant failed to present sufficient evidence to support a finding of violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-21 DONALD CRUTCHFIELD
Donald Crutchfield, a Correction Sergeant at Mid-State Correctional Facility (MSCF), 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 he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-22 ROBERT DELUCA
Robert Deluca, a former Lieutenant with the State Police, Department of Law and Public Safety, appeals the determination of the Attorney General 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-23 SHARI DUCOTE
Shari DuCote, a Senior Correction Officer at South Woods State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-24 EDWARD GAY, JR.
Edward Gay, Jr., a Senior Correction Officer at South Woods 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 a violation of the New Jersey State Policy prohibiting Discrimination, Harassment, or Hostile Environments in the Workplace.

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

B-25 JOHN ODEFEMI
John Odefemi, formerly a Head Nurse, 12 Months, Department of Human Services (DHS), represented by Dena Epstein, Esq., appeals the determination of the Assistant Commissioner for Human Resources (HR), DHS, which found that the appellant failed to present sufficient evidence to support a finding of probable cause that he had been discriminated against and harassed based on his race, color, sex, national origin and reprisal, in violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

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

B-26 ROBERT ROSEMAN
Robert Roseman, a Sergeant with the Division of State Police, Department of Law and Public Safety, appeals the determination of the Attorney General, stating that he was guilty of gender discrimination and had used a racial epithet in violation of Departmental policy.

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

B-27 DANIEL COUGHLIN
Daniel Coughlin, a former Family Service Specialist 3 with the Division of Youth and Family Services, Department of Human Services, appeals the decision of the Assistant Commissioner for Human Resources denying his request for a reasonable accommodation.

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

B-28 PATRICIA DOCKERY
Patricia Dockery, a Head Nurse 12 Months, with the Senator Garrett W. Hagedorn Gero-Psychiatric Hospital (HGPH), Department of Human Services (DHS), appeals the decision of the Assistant Commissioner for Human Resources denying her request for a reasonable accommodation.

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

B-29 CLINTON FALWELL
Clinton Falwell, a Human Services Technician at Trenton Psychiatric Hospital, Department of Human Services, appeals the decision of the Assistant Commissioner for Human Resources denying his request for a reasonable accommodation.

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

B-30 DEBRA KILLINGSWORTH-WELLS
Debra Killingsworth-Wells, a Practical Nurse at Trenton Psychiatric Hospital, Department of Human Services, appeals the determination of the Assistant Commissioner for Human Resources, partially denying her request for reasonable accommodations.

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

B-31 ELEANOR MUELLER
Eleanor Mueller, a Supervisor of Nursing Services (SNS) with Trenton Psychiatric Hospital (TPH), Department of Human Services (DHS), appeals the decision of the Assistant Commissioner for Human Resources, DHS, which denied her request for a reasonable accommodation.

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

B-32 JEANNE C. ASPINALL
Jeanne C. Aspinall, a Human Services Technician with the Senator Garrett W. Hagedorn Psychiatric Hospital, Department of Human Services, appeals the decision of the Assistant Commissioner for Human Resources denying her request for a reasonable accommodation.

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

B-33 JACQUELINE SCOTT
Jacqueline Scott, a Practical Nurse with Woodbridge Developmental Center, Department of Human Services, appeals the decision of the Assistant Commissioner for Human Resources denying her request for a reasonable accommodation.

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

B-34 RUSSELL K. LAYTON
The Township of Bloomfield, represented by Gerald L. Dorf, Esq., requests reconsideration of the Merit System Board's decision, In the Matter of Russell K. Layton (MSB, decided June 26, 2001), which determined that Layton was entitled to be returned to his prior title of Housing Inspector in a position in the Bloomfield Department of Health.

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

B-35 JOHN MORTON
John Morton requests reconsideration of the June 26, 2001 Merit System Board final decision, which denied him a hearing in regard to his resignation in good standing from his position as Program Monitor with the City of Asbury Park.

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

B-36 MICHAEL SIZOW
Michael Sizow, a County Correction Officer with the Bergen County Sheriff's Office represented by Nicole L. Masciarella, Esq., requests reconsideration of the August 28, 2001 Merit System Board decision, which denied his appeal of his return to that title from the title of Sheriff's Officer.

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

B-37 CARL UNDERWOOD
The Department of Corrections, represented by Sonia M. Frontera, DAG, petitions the Merit System Board for reconsideration of the July 10, 2001 Merit System Board final decision, which awarded Carl Underwood back pay.

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

B-38 SHARON CALDWELL
The Superior Court, Appellate Division, has reversed and remanded that portion of the Merit System Board decision In the Matter of Sharon Caldwell (MSB, decided September 10, 1998), which determined the beginning and end dates of Caldwell's six-month suspension.

ACTION: The Merit System Board revised the appellant's record to reflect a
suspension date beginning June 10, 1996.

B-39 WILLIAM CARROLL
William Carroll, a Sheriff's Officer with Morris County, represented by Anthony M. Arbore, Esq., seeks enforcement of that part of the Merit System Board decision rendered on July 19, 1999, granting him back pay, benefits and counsel fees.

ACTION: The Merit System Board awarded the appellant $68,233.90 for
back pay, granted him $35,951 for counsel fees, and denied the
request for interest.

B-40 SALVATORE CINA
The Borough of Lodi, represented by John J. Baldino, Esq., appeals the determination of the Director, Office of Intergovernmental Services, which denied its request for the transfer of Salvatore Cina from the title of Sheriff's Officer, Bergen County Sheriff's Department, to the title of Police Officer, Borough of Lodi Police Department.

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

B-41 ARTHUR COMPITELLO
Arthur Compitello, a former County Correction Officer with Hudson County, requests that the Merit System Board reinstate his appeal of his removal, effective March 30, 1999, which was dismissed by Administrative Law Judge Michael L. Ravin on March 1, 2001 based on Compitello's failure to appear at a scheduled hearing.

ACTION: The Merit System Board denied the request.

B-42 ALPHEUS OKEZIE
Alpheus Okezie, a County Correction Officer with Burlington County, represented by George R. Saponaro, Esq., requests that the Merit System Board reinstate his appeal of a 10-day suspension, which was dismissed by Administrative Law Judge Joseph Fidler on August 10, 2001, based on Okezie's failure to appear at a scheduled settlement conference.

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

B-43 JOSEPH HEFFERON
Joseph Hefferon, represented by Jonah M. Meer, Esq., requests that he be reinstated to the title of Sheriff's Officer Sergeant, Essex County.

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

B-44 RICARDO MASSA
The Assistant Personnel Director, City of Jersey City, appeals the decision of the Division of Human Resource Information Services, which denied the City's request for cancellation of the special reemployment certification for Messenger, Jersey City (Certification (OL002402).

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

B-45 LIONEL PASCALL
Lionel Pascall, Director of Quality Assurance, Greystone Park Psychiatric Hospital, Department of Human Services, represented by Daniel J. Zirrith, Esq., requests Merit System Board Review of a grievance for an unsatisfactory Performance Assessment Review (PAR) rating and compensation for any lost salary or other economic benefits.

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

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

B-46 ANN UPDEGRAVE
Ann Updegrave, a former Principal Clerk Typist with the Township of Jackson, appeals her resignation in good standing.

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

B-47 RONALD W. COOKS
The appeal of Ronald W. Cooks, a County Correction Officer with Mercer County of his removal, effective November 12, 1998, on charges, was heard by Administrative Law Judge Bruce R. Campbell (ALJ), who rendered his initial decision on July 18, 2001, upholding the removal. At its meeting on September 18, 2001, the 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.

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

B-48 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 (ALJ), who rendered his initial decision on May 23, 2001, modifying the removals to six-month suspensions. At it 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 adopted the final decision.

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

B-49 LEENORA AND ANTHONY SHOUDT
The appeals of Leenora and Anthony Shoudt, Senior Correction Officers at Mountainview Youth Correctional Facility, Department of Corrections (DOC), were heard by Administrative Law Judge Bruce R. Campbell (ALJ), who rendered his initial decision on August 6, 2001. Leenora Shoudt appeals a $90 fine in lieu of a 15-day suspension, her removal, effective January 20, 1999, on charges, and a 30-day suspension. Anthony Shoudt also appeals a $90 fine in lieu of a 15-day suspension and his removal, effective December 28, 1998, on charges. Additionally, both appellants were granted hearings regarding their claims of retaliation. In his initial decision, the ALJ upheld the removal of Leenora Shoudt and dismissed the appeal of her 30-day suspension as moot; upheld the $90 fine in lieu of a 15-day suspension and the removal of Anthony Shoudt; and dismissed both appellants' appeals regarding the claims of retaliation. At its meeting on October 10, 2001, the Board adopted the ALJ's recommendations with the exception of the 30-day suspension for Leenora Shoudt. The Board also upheld the 30-day suspension and the $90 fine in lieu of the 15-day suspension for Leenora Shoudt. 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)
  Margaret E. L. Howard (Yes)
  Judith L. Shaw (Yes)
  Leo Vartan (Abstained)

B-50 DOROTHY STEVENSON
The appeal of Dorothy Stevenson, a Clerk Typist with Burlington County, of her removal, effective March 15, 2000, on charges, was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on July 2, 2001. At its meeting on October 10, 2001, the Merit System Board (Board) did not adopt the recommendation of the ALJ to reverse the removal. Rather, the Board determined that a five-day suspension was warranted. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-51 KELLY BAERGA, ET AL.
Kelly Baerga, Dilipsinh Gaekwar and Linus Onukogu appeal the determinations of the Division of Selection Services that found they did not meet the education requirements for the open-competitive examination for Counselor Adolescent Unit (C1531C), Morris County.

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

B-52 ANTHONY BROZOSKY JR. AND CAROL BROZOSKY
Anthony Brozosky Jr. and Carol Brozosky appeal the determination of the Division of Selection Services that found they failed to satisfy unit scope eligibility requirements for the promotional examination for Supervisor Supply Support Operations (PS4154T), Department of Transportation.

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

B-53 LORI CARRICO
Lori Carrico 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 Violations Clerk (PM0014C), Carteret Borough.

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

B-54 BARRY DEPAUL
Barry DePaul appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the open-competitive examination for Electrician (C1364B), Ocean County.

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

B-55 BILLY DONNERSTAG
Billy Donnerstag appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the open-competitive examination for Chief Fire Instructor (C2033C), Hunterdon County.

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

B-56 BRUCE DURYEA ET AL.
Bruce Duryea, George Eaton, William Fowler, Karl Gross, John Maiuro, Frans Philippi, and Robert Struyk appeal the determinations of the Division of Selection Services which found that they did not meet the education and/or experience requirements for the promotional examination for Senior Field Representative Housing (Code Enforcement) (PS0601D), Department of Community Affairs.

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

B-57 KEVIN M. ONUKOGU
Kevin M. Onukogu appeals the determination of the Division of Selection Services which found that he did not meet the education requirements for the examination for Probation Officer (S0681C).

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

B-58 LYNNE JESSICK
Lynne Jessick 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 Coordinator Volunteers (PC1723B), Cumberland County.

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

B-59 BARBARA PANZINO
Barbara Panzino 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 Director of Solid Waste Management (PM0306B), City of Vineland.

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

B-60 THOMAS M. SCHOLTIS
Thomas M. Scholtis appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Supervisor of Right of Way 1, Transportation (PS2359T), Department of Transportation.

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

B-61 BARBARA D. SHAFFER AND BETH A. O'BRIEN
The Department of Corrections appointing authority, on behalf of Barbara D. Shaffer, and Beth A. O'Brien appeal the determination of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Senior Fiscal Analyst (PS9210I), Department of Corrections.

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

B-62 TIMOTHY W. TEEL
Timothy W. Teel appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Supervisor of Right of Way 1, Transportation (PS2359T), Department of Transportation.

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

B-63 KAREN VOLINO-PURDY
Karen Volino-Purdy appeals the decision of the Division of Human Resource Management which found that she did not meet the experience requirements for Investigator County Welfare Agency (PC0154B), Bergen County Board of Social Services.

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

B-64 STEVEN WAHL
Steven Wahl, D.P.M., appeals the determination of the Division of Selection Services which found that he did not meet the requirements for the Quality Assurance Technician (S9125C) examination.

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

B-65 CAROL WHITE-HILL
Carol White-Hill appeals the determination of the Division of Selection Services that found that she did not meet the education requirements for the promotional examination for Classification Officer 2 (PS0233I), Northern State Prison.

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

B-66 KENNY ALFORD
Kenny Alford appeals his score for the examination for the first level Fire Captain (PM3590A), Trenton.

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

B-67 EDWARD AUBLE
Edward Auble appeals his score for the examination for the first level Fire Captain (PM3585A), Atlantic City.

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

B-68 MARK AUGUSTYN
Mark Augustyn appeals his score for the examination for the first level Fire Captain (PM3590A), Trenton.

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

B-69 ROBERT ARTER
Robert Arter appeals the determination of the Division of Selection Services which found that he failed to achieved a passing score on the Road Inspector (PC0065B), Middlesex County promotional examination.

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

B-70 LOUIS BAINBRIDGE
Louis Bainbridge appeals his score for the examination for the first level Fire Captain (PM3590A), Trenton.

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

B-71 RALPH BENCIVENGO
Ralph Bencivengo, represented by Frank Crivelli, Esq., appeals his score for the examination for the first level Fire Captain (PM3590A), Trenton.

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

B-72 PAUL CARR
Paul Carr appeals his seniority score for the examination for the first level Fire Captain (PM3585A), Atlantic City.

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

B-73 STEVEN CASON
Steven Cason appeals his score for the examination for the first level Fire Captain (PM3590A), Trenton.

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

B-74 MATTHEW DEIBERT
Matthew Deibert appeals his score for the examination for the first level Fire Captain (PM3585A), Atlantic City.

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

B-75 FREDERICK DONATELLI
Frederick Donateli appeals his score for the examination for the first level Fire Captain (PM3591A), East Orange.

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

B-76 ROBERT EVANS
Robert Evans appeals his score for the examination for the first level Fire Captain (PM3590A), Trenton.

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

B-77 ROBERT FANNING
Robert Fanning appeals his score for the examination for the first level Fire Captain (PM3590A), Trenton.

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

B-78 SAMUEL FLAMMA
Samuel Flamma appeals his score for the examination for the first level Fire Captain (PM3585A), Atlantic City.

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

B-79 JUNIOUS FELDER
Junious Felder appeals his score for the examination for the first level Fire Captain (PM3585A), Atlantic City.

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

B-80 FIRE LIEUTENANT (PM2632A) AND FIRE CAPTAIN (PM3618A), CLIFTON
The City of Clifton requests that seniority scores for the candidates for recent examinations for Fire Lieutenant (PM2632A) and Fire Captain (PM3618A) include experience in regular appointments to the title Public Safety Officer.

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

B-81 JAMES FISHER
James Fisher appeals his score for the examination for the first level Fire Captain (PM3585A), Atlantic City.

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

B-82 TIMOTHY FLETCHER
Timothy Fletcher appeals his score for the examination for the first level Fire Captain (PM3591A), East Orange.

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

B-83 ROBERT FORD
Robert Ford appeals his score for the examination for the first level Fire Captain (PM3590A), Trenton.

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

B-84 MOHAMMADREZA HATEFI
Mohammadreza Hatefi appeals his score for the examination for the first level Fire Captain (PM3585A), Atlantic City.

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

B-85 ANTHONY HILL
Anthony Hill appeals his score for the examination for the first level Fire Captain (PM3590A), Trenton.

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

B-86 MICHAEL HUBSCHER
Michael Hubscher appeals his score for the examination for the first level Fire Captain (PM3590A), Trenton.

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

B-87 DAVID JOBES
David Jobes appeals his score for the examination for the first level Fire Captain (PM3590A), Trenton.

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

B-88 RAYMOND KELVY, JR.
Raymond Kelvy, Jr. appeals his score for the examination for the first level Fire Captain (PM3590A), Trenton.

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

B-89 MICHAEL KENNEDY
Michael Kennedy appeals his score for the examination for the first level Fire Captain (PM3590A), Trenton.

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

B-90 RODERICK KNOX
Roderick Knox appeals his score for the examination for the first level fire Captain (PM3585A), Atlantic City.

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

B-91 RONALD KOSZTYU
Ronald Kosztyu appeals his score for the examination for the first level Fire Captain (PM3590A), Trenton.

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

B-92 LEDFORD MACK
Ledford Mack, represented by John Donnelly, Esq., appeals is score for the examination for the first level Fire Captain (PM3585A), Atlantic City.

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

B-93 PETER MCCABE
Peter McCabe appeals his score for the examination for the first level Fire Captain (PM3585A), Atlantic City.

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

B-94 RALPH MCDANIEL
Ralph McDaniel, represented by John Donnelly, Esq., appeals his score for the examination for the first level Fire Captain (PM3585A), Atlantic City.

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

B-95 SCOTT MCKNIGHT
Scott McKnight appeals his score for the examination for the first level Fire Captain (PM3585A), Atlantic City.

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

B-96 EDWARD PANASOWICH
Edward Panasowich appeals his score for the examination for the first level Fire Captain (PM3590A), Trenton.

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

B-97 HENRY PANNIELL
Henry Panniell appeals his score for the examination for the first level Fire Captain (PM3590A), Trenton.

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

B-98 JUNIUS PHILLIPS
Junius Phillips appeals his score for the examination for the first level Fire Captain (PM3590A), Trenton.

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

B-99 MARK ROBOTIN
Mark Robotin appeals his score for the examination for the first level Fire Captain (PM3590A), Trenton.

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

B-100 WILLIAM RODGERS
William Rodgers appeals his score for the examination for the first level Fire Captain (PM3585A), Atlantic City.

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

B-101 DAVID ROSEN
David Rosen appeals his score for the examination for the first level Fire Captain (PM3590A), Trenton.

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

B-102 MICHAEL SCULL
Michael Scull appeals his score for the examination for the first level Fire Captain (PM3585A), Atlantic City.

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

B-103 CHRISTOPHER SMITH
Christopher Smith appeals his score for the examination for the first level Fire Captain (PM3590A), Trenton.

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

B-104 KENNETH STOUT, JR.
Kenneth Stout, Jr. appeals his score for the examination for the first level Fire Captain (PM3590A), Trenton.

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

B-105 KEVIN STRANSKY
Kevin Stransky appeals his score for the examination for the first level First Captain (PM3585A), Atlantic City.

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

B-106 ADRIAN WILSON
Adrian Wilson appeals his score for the examination for the first level Fire Captain (PM3585A), Atlantic City.

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

B-107 CLINTON YOUNGBLOOD, Jr.
Clinton Youngblood, Jr. appeals his score for the examination for the first level Fire Captain (PM3590A), Trenton.

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

B-108 MATTHEW M. BARRETT AND MATTHEW R. ZIEMKIEWICZ
Matthew M. Barrett and Matthew R. Ziemkiewicz appeal the determinations of the Division of Selection Services which found that Mr. Barrett was not permanent in a title to which the promotional examination for Supervising Fire and Ambulance Dispatcher (PM2107A), City of Jersey City, was open and that Mr. Ziemkiewicz had no permanent status as of the closing date of the subject examination.

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

B-109 FLORENCE BRAJCZEWSKI
Florence Brajczewski appeals the decision of the Division of Selection Services that found that she was not permanent in a title to which examination was open for Senior Clerk (PM1203B), Jersey City.

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

B-110 TIMOTHY BYERS
Timothy Byers appeals the decision of the Division of Selection Services that found that he was not permanent in a title to which the examination was open for Fire Captain (PM3589A), Newark.

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

B-111 MICHELE BOCK
The Deputy Director, Division of Selection Services, on behalf of the Department of Environmental Protection, requests that Michele Bock's out-of-title work experience be accepted to qualify her for a prospective promotional examination for the title of Public Information Assistant.

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

B-112 ANGELO GIANGERELLI
The Deputy Director, Division of Selection Services, on behalf of the North Jersey Developmental Center, requests that Angelo Giangerelli's out-of-title work experience be accepted to qualify him for a lateral title change to the title of Planner Scheduler, Computerized Maintenance Management Program.

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

B-113 EDUARDO OJEDA
Eduardo Ojeda appeals the decision of the Division of Selection Services concerning the correct answer to a specific question on the examination for Police Sergeant, Health Care Facility (PS5666K).

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

B-114 EVA SEREGELY
Eva Seregely appeals the decision of the Division of Selection Services denying her request for a make-up examination for Juvenile Detention Officer (C9902C), All County Jurisdictions.

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

B-115 DAVE VARGA
Dave Varga appeals the denial of his request for a make-up examination for Police Sergeant (PM2559B), North Brunswick Township.

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

B-116 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of October 23, 2001 are submitted for adoption.

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

B-117 EARLY SETTLEMENTS
Brian L. Brady
New Jersey Department of Human Services
10-day suspension

Jenilin Faust
Hunterdon Developmental Center
Department of Human Services
Release at the end of the working test period

Donald Fischer
Ancora Psychiatric Hospital
Department of Human Services
10-day suspension

Simon Irving
Trenton Psychiatric Hospital
Department of Human Services
Resignation not in good standing

Ingrid Lacy
North Jersey Developmental Center
Department of Human Services
Release at the end of the working test period

Rachel McFarland
Hunterdon Developmental Center
Department of Human Services
2 removals

John Musso
Vineland Developmental Center
Department of Human Services
30-day suspension

ACTION: The Merit System Board acknowledged the settlements.

B-118 JUDE LUONGO
The Superior Court, Appellate Division, had remanded the decision of the Merit System Board In the Matter of Jude Luongo (MSB, decided December 19, 2000), in which the Board concluded that Luongo held permanent status pursuant to N.J.S.A. 18A:7A-44c when he was rehired by the State-Operated School District of the City of Newark as an Assistant Construction Management Specialist.

ACTION: The Merit System Board determined that the appellant had no
permanent status and denied the request for 60 days' severance
pay.

There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, November 20, 2001, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

______________________________
JANICE MITCHELL MINTZ
COMMISSIONER
MERIT SYSTEM BOARD

 
© State of New Jersey
Civil Service Commission
 
 
OPRA - Open Public Records Act NJ Home Logo
Department: CSC Home  |  Job Seekers  |  Current Employees  |  Appointing Authorities and Employers  |  About Us
Statewide: NJHome  |  Services A to Z  |  Departments/Agencies  |  FAQs
 
Copyright © State of New Jersey, 1996 - 2011