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State of New Jersey, Civil Service Commission
Governor Phil Murphy • Lt.Governor Sheila Oliver
 
 
Janice Mitchell Mintz, Chairwoman
Alan Dexter Bowman
Margaret E. L. Howard
Judith L. Shaw

A regular meeting of the Merit System Board was held on Tuesday, December 4, 2001, in Trenton, New Jersey.

PRESENT: Chairwoman Janice Mitchell Mintz, Merit System Board Members, Alan Dexter Bowman, Margaret E.L. Howard, and Judith L. Shaw; Barbara Bereski, 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.

STATE
The Merit System Board recorded the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof.

To: Janice Mitchell Mintz, Commissioner
Department of Personnel

Henry Maurer, Director
Merit System Practices and Labor Relations

From: Marjorie Schwartz, Director
Division of Human Resource Management

Subject: Change in the State Classification Plan

Date: November 13, 2001

DEPARTMENT OF LAW AND PUBLIC SAFETY
The Department of Law and Public Safety, Office of the Attorney General, requests that the following two positions be reallocated to the Senior Executive Service. The positions function in managerial roles as Deputy Directors and have responsibility for directing the activities of personnel, program management and substantial budgets and grants. The Department of Law and Public Safety states that allocating these positions to the Senior Executive Service properly reflects the level of management and policy-making authority exercised by each position.

Position #070358 directs the activities of the Grants Management Office. In this capacity, it is responsible for the coordination and investigative oversight of 50 major federal and state grant programs totaling over $100 million annually. This position provides fiscal recommendations to senior administrative and investigative staff regarding the development of grant program plans. In addition, the position is also responsible for program/fiscal reporting to federal agencies for four major grants totaling $67 million dollars.

Position #002309 has responsibility for planning, organizing and directing the Employee Assistance Program for Department employees and their dependents. It supervises six employees and oversees a budget of two million dollars. This position provides consultation to the Attorney General and managerial staff, and the Chief Administrative Officers of the 10 divisions within the Department. In this capacity, this position supervises a program that has an affect on the health and safety of 9,000 employees and impacts external agencies.

Based on the above, it is recommend that these two positions be allocated to the Senior Executive Service.

Reallocation of Service:
Effective: November 4, 2000

Position - #070358                     Position- #070358

From:                                      To:
Chief Investigator, L.&P.S.        Senior Executive Service
M32-33860 - NC                       M98-90762 - U

Position- #002309                      Position- #002309

From: To:
Chief Investigator, L.&P.S.        Senior Executive Service
M32-33860 - NC                       M98-90762 - U

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Tyra Davis
County of Burlington
Juvenile Detention Center
Removal

In the Matter of William O. Davis
Rowan University
Suspension

In the Matter of Robert Javick
County of Union
Department of Public Safety
Suspensions (2)

In the Matter of Adam Lisowski
County of Mercer
Department of Public Safety
Removal

In the Matter of Dennis Nagy
Borough of Carteret
Police Department
Demotion and Removal

In the Matter of Ira Phillips
City of Plainfield
Department of Public Works and Urban Development
Suspension

In the Matter of Lance Spencer
County of Burlington
County Jail
Demotions (3)

In the Matter of Robert Scouler
City of Camden
Development and Planning Department
Suspension

In the Matter of Thomas Zielinski
County of Hudson
Juvenile Detention Center
Suspension

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

ACTION: The Merit System Board acknowledged the settlements with the
exception of Dennis Nagy, which was held over.

A-2 DANIEL A. FORLENZO
Daniel A. Forlenzo, Engineer in Charge of Maintenance I, Northern State Prison, Department of Corrections, six-month suspension on the charge of job abandonment (absent from work without permission for five consecutive work days).

Recommendation of the Administrative Law Judge - Reverse the six-month suspension.

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

A-3 JAMIE GIEDOSH
Jamie Giedosh, Senior Stock Clerk, Rowan University, ten-day suspension on the charge of chronic or excessive absenteeism.

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

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

A-4 ERIC ZIMMERMAN
Eric Zimmerman appeals the removal of his name from the eligible list for Juvenile Detention Officer (C6348S), Passaic County based on an unsatisfactory employment history.

Recommendation of the Administrative Law Judge - Uphold the removal from the eligible list.

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

A-5 GUILIO CAVALLARO

Guilio Cavallaro, Police Officer, City of Newark, Police Department, removal effective March 19 1998, on the charge of violation of Department rules and regulations regarding obedience to orders.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-6 ARLENE KUSEL
Arlene Kusel, Custodial Worker, Jersey City School District, removal effective July 23, 1998, on the charge of chronic and excessive absenteeism.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-7 TONI HILSIN (REMAND)
Toni Hilsin, Environmental Specialist, Department of Environmental Protection, layoff effective July 8, 1994.

Recommendation of the Administrative Law Judge - Reverse the layoff.

ACTION: The Merit System Board directed that this matter be held over due to a lack
of quorum.

A-8 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. This matter was held over from the Merit System Board meeting of November 8, 2001.

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

ACTION: A motion was made to affirm the recommendation of the Administrative Law
Judge.

VOTE: Janice Mitchell Mintz (No)
  Alan Dexter Bowman (Yes)
  Margaret E. L. Howard (Yes)
  Judith L. Shaw (No)

The motion did not carry. Therefore, the initial decision was deemed approved.

A-9 PATRICIA GRAVES (CONSOLIDATION)
Patricia Graves, Head Cottage Training Supervisor, Woodbridge Developmental Center, Department of Human Services, demotion on the charge of inability to perform duties.

Recommendation of the Administrative Law Judge - Adopt the order of consolidation and predominant interest and acknowledge the settlement.

ACTION: The Merit System Board adopted the order of consolidation and predominant
interest and acknowledged the settlement.

A-10 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. This matter was held over from the Merit System Board meeting of November 8, 2001.

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

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

A-11 JOSEPH MCCORMICK

Joseph McCormick, Police Officer, Township of Lawrence, Department of Public Safety, ten-day suspension on charges of violation of various Police Department rules, inter alia, performance of duty, neglect of duty, obedience to laws and regulations, inattention to duty. This matter was held over from the Merit System Board meeting of November 20, 2001.

Recommendation of the Administrative Law Judge - Modify the ten-day suspension to a written reprimand.

ACTION: The Merit System Board reversed the recommendation of the Administrative
Law Judge, and upheld the ten-day suspension.

A-12 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. This matter was held over from the Merit System Board meeting October 23, 2001.

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

ACTION: The Merit System Board reversed the recommendation of the Administrative
Law Judge, and upheld the 30-day suspension.

SECTION B -MISCELLANEOUS MATTERS
B-1 CHERNAY ALLEN
Chernay Allen appeals her rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove her name from the eligible list for Correction Officer Recruit on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-2 DANA DOLAN
Dana Dolan appeals her rejection as a Sheriff's Officer candidate by the County of Ocean and its request to remove her name from the eligible list for Sheriff's Officer on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-3 JON LIONE
Jon Lione, represented by Michael L. Prigoff, Esq., appeals his rejection as a Sheriff's Officer candidate by the County of Hudson and its request to remove his name from the eligible list for Sheriff's Officer on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-4 JOSEPH PIGA
Joseph Piga, represented by Anthony N. Palumbo, Esq., appeals his rejection as a Police Officer candidate by the City of Elizabeth and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-5 NICOLE SCOTT
Nicole Scott appeals her rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove her name from the eligible list for Correction Officer Recruit on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-6 EVELYN AMATO
Evelyn Amato, a Secretarial Assistant 3, Non-Stenographer, at Rowan University, appeals the denial of sick leave (SLI) benefits.

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

B-7 ROBERT B. BAXTER
Robert B Baxter, a Senior Correction Officer at the Mountainview Youth Correctional Facility, Department of Corrections, represented by Maureen A. Coyle-Martyak, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-8 MILDRED BELL
Mildred Bell, an Office Supervisor with the Division of Youth and Family Services, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-9 JERRY FLOUNOY
Jerry Flounoy, a Senior Building Maintenance Worker with Woodbridge Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-10 THOMAS FRANCIS
Thomas Francis, a Human Services Assistant 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 denied.

B-11 EDWIN GOLDBERG
Edwin Goldberg, a Vocational Rehabilitation Counselor 2 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-12 SYLVIA GREGGS
Sylvia Greggs, a Practical Nurse working at the New Jersey Veterans Memorial Home at Menlo Park, Department of Military and Veterans Affairs, appeals the denial of sick leave injury (SLI) benefits.

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

B-13 MERCIA LOUIS JEAN
Mercia Louis Jean, a Human Services Assistant, at the Woodbridge Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-14 KEVIN JONES
Kevin Jones, a Teacher 3, 12 Months, at the Arthur Brisbane Child Treatment Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-15 MARK A. JONES
Mark A. Jones, a Senior Correction Officer with Northern State Prison, Department of Corrections, represented by Mark D. Kurdyla, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-16 MARCIA J. KOOKER
Marcia J. Kooker, a Financial Examiner 2 with the Department of Banking and Insurance, represented by Howard J. Heald, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-17 ZAKIA TWEEDY
Zakia Tweedy, a Senior Correction Officer at Northern State Prison, Department of Corrections, represented by Mark D. Kurdyla, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-18 DONALD WERNIK
Donald Wernik, a Senior Correction Officer at Southern State Correctional Facility, Department of Corrections, represented by Howard J. Heald, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-19 CATHERINE A. BROWN
Catherine A. Brown appeals the removal of her name from the Truck Driver, Single Axle (PS9363T), Department of Transportation promotional list, due to the appellant's failure to respond to three separate certification notices.

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

B-20 JAMILLAH CUPE
Jamillah Cupe appeals the decision of the Department of Corrections (DOC) to remove her name from the Correction Officer Recruit (S9999A) eligible list, due to an unsatisfactory background report.

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

B-21 ANDREW DARLING
Andrew Darling appeals the decision of Selection Services which removed the appellant's name from the County Corrections Officer (S9999A), County of Morris eligible list, due to the appellant's failure to respond to the certification notice.

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

B-22 LLOYD M. LOVELL
Lloyd M. Lovell, represented by Genora Rosypal, Esq., appeals the decision of Selection Services which upheld the removal of the appellant's name from the Correction Officer Recruit (S9999A), Department of Corrections, eligible list due to an unsatisfactory criminal record.

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

B-23 DANIEL O'GORMAN

Daniel O'Gorman appeals the decision of Human Resource Information Services (HRIS) which found that the appointing authority had presented a sufficient basis to remove name from the eligible list for Construction Official (S60730), Department of Community Affairs, on the basis of his failure to respond to the certification notice.

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

B-24 KASSIEM ROBINSON
Kassiem Robinson, represented by Joseph Carmen, Esq., 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 County Correction Officer (S9999A), Camden County, on the basis of an unsatisfactory criminal record.

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

B-25 JOSEPH V. WATSON
Joseph V. Watson appeals the attached decision of Selection Services, which found that the appointing authority has presented a sufficient basis to remove the appellant's name from the Fire Fighter (M2078A), City of Passaic eligible list, as a result of the falsification of his employment application.

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

B-26 ELLEN EISENBERG
Ellen Eisenberg, a Staff Clinical Psychologist 3 at Ancora Psychiatric Hospital, Department of Human Services (DHS), appeals the determination of the DHS stating that the appellant failed to present sufficient evidence to support a finding that she had been retaliated against in violation of the New Jersey State Policy Prohibiting Discrimination, Harassment, or Hostile Environments in the Workplace.

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

B-27 TROY PITTS
Troy Pitts, a Correction Sergeant at South Woods State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division, with the DOC, stating that he had failed to present sufficient evidence to support a finding that he had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-28 STEPHANIE RATLIFF
Stephanie Ratliff, a Senior Correction Officer at Edna Mahan Correctional Facility for Women, Department of Corrections (DOC), appeals the determinations 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-29 ERIN DAVIS-FIELDS
Erin Davis-Fields, a Family Service Specialist 2 at the Division of Youth and Family Services, Department of Human Services, appeals the determination of the Assistant Commissioner for Human Resources, denying her request for reasonable accommodations.

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

B-30 WAYNE CASSIDY
The Department of Corrections request reconsideration of the Merit System Board decision, In the Matter of Wayne Cassidy (MSB, decided August 28, 2001), which granted his request for sick leave injury (SLI) benefits.

ACTION: The Merit System Board granted the request for reconsideration, but affirmed the prior decision.

B-31 KENNETH FREEMAN
The Department of Corrections petitions the Merit System Board for reconsideration of the final administrative decision, rendered July 10, 2001, reversing the 15-day suspension of Kenneth Freeman, a Senior Investigator, Secured Facilities.

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

B-32 REGINALD LEVEN
The Department of Corrections, represented by Jennifer Chianese, Law Assistant, petitions the Merit System Board (Board) for reconsideration of that portion of the final administrative decision, rendered on May 22, 2001, which reversed a three-day suspension imposed against Reginald Leven. Leven also petitions the Board for reconsideration of that portion of the May 22, 2001 Board decision which found that he failed to satisfy his burden of proof that he was a victim of retaliation.

ACTION: The Merit System Board denied both requests for reconsideration.

B-33 ELDRIDGE LORE
The Department of Correction (DOC), represented by Jennifer Chianese, Law Assistant, requests reconsideration of the decision of the Merit System Board (Board), rendered June 26, 2001, which modified the removal of Eldridge Lore, a Crew Supervisor, Electricians, to a six-month suspension. The DOC also petitions the Board for a stay of that portion of the Board's order granting him back pay, benefits, and seniority for the period following his suspension.

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

B-34 ANA DAVIS
Ana Davis, a former Human Services Assistant at New Lisbon Developmental Center, Department of Human Services, appeals her resignation in good standing.

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

B-35 DEDRIA RAY-BROWN
Dedria Ray-Brown, a Principal Clerk Typist with the Department of Health and Senior Services, represented by Jim Mulholland, Staff Representative, CWA Local 1034, appeals her resignation in good standing.

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

B-36 RALPH CIOFFI
The Superior Court, Appellate Division, has reversed and remanded the February 1, 2000 Merit System Board determination that, upon the abolishment of the Hudson County Police Department, Ralph Cioffi was not entitled to transfer to the Hudson County Sheriff's Office.

ACTION: The Merit System Board granted a hearing.

B-37 ESTERMARIE HONEYWELL, ELAINE O'CONNOR AND BRIDGET WILEY-MAJOR
Victoria Carson, Staff Representative, Local 1037, Communications Workers of America (CWA), on behalf of Estermarie Honeywell, Elaine O'Connor and Bridget Wiley-Major, complains that the promotional examination announcement for Support Services Representative 1 (PS9818T), Department of Transportation, was improperly posted resulting in the untimely filing of their applications.

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

B-38 SANDRA ROSOFF
Sandra Rosoff, represented by Stephen P. Weissman, Esq., petitions the Merit System Board for a hearing in regard to her termination from her provisional appointment as a Medical Social Care Specialist 1, Medical Assistance and Health Services, Senior Initiatives, with the Department of Health and Senior Services.

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

B-39 CESAR MUNOZ
The City of Newark, represented by Desha L. Jackson, Assistant Corporation Counsel, and Cesar Munoz, represented by Scot D. Rosenthal, Esq., seek acknowledgment of a settlement providing Munoz with an appointment as a Police Officer.

ACTION: The Merit System Board acknowledged the settlement.

B-40 BENJAMIN ZAKRZEWSKI
The City of Jersey City, represented by Paul W. Mackey, First Assistant Corporation Counsel, and Benjamin Zakrzewski seek acknowledgment of a settlement agreement, which provides Zakrzewski with an appointment from the Police Officer (M33382Z), Jersey City eligible list.

ACTION: The Merit System Board acknowledged the settlement.

B-41 VERONICA CASSIDY
The appeal of Veronica Cassidy, a School Bus Driver with the Brick Township School District, of her suspension, beginning January 24, 2000, and removal, effective February 4, 2000, on charges, was heard by Administrative Law Judge Bernard Goldberg (ALJ), who rendered his initial decision on September 13, 2001. The Merit System Board (Board), at its meeting on October 23, 2001, adopted the ALJ's recommendation to uphold the removal. 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-42 CHRISTOPHER GIALANELLA
The appeal of Christopher Gialanella, a Police Officer with the City of Newark, concerning his release at the end of the working test period effective July 23, 1999, was heard by Administrative Law Judge Robert J. Giordano (ALJ), who rendered his initial decision on July 31, 2001, reversing the release and granting a new, shortened two-month working test period. At its meeting of October 23, 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 directed that this matter be held over.

B-43 JORGE PORRES
The appeal of Jorge Porres, Police Officer, City of Union city, of his removal effective January 14, 2000 on charges, was heard by Administrative Law Judge Robert J. Giordano (ALJ), who rendered his initial decision on July 6, 2001. At its meeting on October 23, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to reverse the removal. 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-44 ANTHONY D. PREVITE
The appeal of Anthony D. Previte, a Police Officer with the City of New Brunswick, of two six-day suspensions on charges, was heard by Administrative Law Judge M. Kathleen Duncan (ALJ), who rendered her initial decision on September 13, 2001. At its meeting on October 23, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to uphold the appellant's two six-day suspensions. 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-45 SILAS SMITH
The appeal of Silas Smith, a Police Officer with the city of Newark, concerning his release at the end of the working test period effective July 23, 1999, was heard by Administrative Law Judge Robert J. Giordano (ALJ), who rendered his initial decision on July 31, 2001, reversing the release and granting a new, shortened two-month working test period. At its meeting of October 23, 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 directed that this matter be held over.

B-46 ANTHONY VENANCIO
The appeal of Anthony Venancio, a Police Officer with the City of Newark, concerning his release at the end of the working test period effective July 23, 1999, was heard by Administrative Law Judge Robert J. Giordano (ALJ), who rendered his initial decision on July 31, 2001, reversing the release and granting a new, shortened two-month working test period. At its meeting of October 23, 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 directed that this matter be held over.

B-47 GLORIA P. ALSTON
Gloria P. Alston appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for the promotional examination for Senior Standards & Procedures Technician (PS3167K), Department of Human Services.

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

B-48 JOVANNA BARRETT, ET AL.
Jovanna Barrett, Gwendolyn J. Dixon, Michelle Ryans, Janet. R. Vaughn and Michelle Williamson appeal the determination of the Division of Selection Services which found that they did not meet the minimum experience requirements for the promotional examination for Secretarial Assistant 3, (Non-Stenographic), (PS8795K), Division of Youth & Family Services/Central Office.

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

B-49 KATHLEEN BELKNAP, ET AL.
Kathleen Belknap, Francia Benavides and James Moeller appeal their ineligibility for the open-competitive examination for Weights and Measures Inspector 3 (S6438C), Department of Law and Public Safety.

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

B-50 GRACIELA MEDINA
Graciela Medina appeals the determination of the Division of Selection Services which found her ineligible for the promotional examination for Secretarial Assistant 3 (Non-Stenographic) (PS2601K), Department of Human Services, Division of Developmental Disabilities.

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

B-51 ROLAND W. PHIFER
Roland W. Phifer appeals the determination of the Division of Selection Services which found that he was ineligible to sit for the second part of a two-part examination for the title of Deputy Director of Welfare (PS6050B), Burlington County.

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

B-52 MICHAEL PISANI
Michael Pisani appeals the determination of the Division of Selection Services that found that he did not meet the education requirements for the promotional examination for Section Chief (Technical/Scientific/Engineering) (PS0209G), Department of Environmental Protection.

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

B-53 KARIM SAWERIS
Karim Saweris appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Senior Field Representative Housing (Code Enforcement) (PS0601D), Department of Community Affairs.

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

B-54 ROBERT WEAVER
Robert Weaver appeals the determination of the Division of Selection Services which found that appellant did not meet the experience requirements for the promotional examination for General Supervisor, Parks (PM1734B), Paterson.

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

B-55 DARIN WILLIAMSON, ET AL.
Darin Williamson (PM2516C), Elizabeth; Vincent Buda (PM2517C), Fort Lee; Kenneth Kalinowski and Gary Marcinkowksi (PM2519C), Hamilton; Robert Erisman (PM2528C), Mount Laurel; Daniel Dominguez (PM2529C), New Brunswick; Vanessa Johnson and Joseph Juliano (PM2530C), Newark; Tyrone Rolls (PM2532C), Ocean City; Keith Kimkowski (PM2540C), Vernon; and Monica Brower-Coursey (PM2547C), Atlantic City; appeal the determination of the Division of Selection Services which found them ineligible for the promotional examination for Police Sergeant.

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

B-56 GABRIEL ABOYOUN
Gabriel Aboyoun appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.

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

B-57 CARLOS ABREU
Carlos Abreu appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.

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

B-58 JOHN ALEXANDER
John Alexander appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.

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

B-59 HECTOR ALMEYDA
Hector Almeyda, represented by Kevin Sisco, Esq., appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.

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

B-60 JOHN BRADLE
John Bradle appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.

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

B-61 GLENN CALAMITA
Glenn Calamita, represented by Joseph Afflitto, Jr., Esq., appeals his score for the examination for the first level fire Captain (PM3593A), Paterson.

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

B-62 SHAWN DALY
Shawn Daly appeals his score for the examination for the first level Fire Captain (PM3624A), Millburn.

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

B-63 ATLON DICKSON
Atlon Dickson appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.

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

B-64 ROBERT ECHAVARRIA
Robert Echavarria appeals his score for the examination for the first level Fire Captain (PM3624A), Millburn.

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

B-65 SCOTT FARRAR
Scott Farrar appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.

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

B-66 ROBERT GARDNER
Robert Gardner appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson

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

B-67 JOSEPH HENDERSON
Joseph Henderson appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.

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

B-68 MATTHEW HYMAN
Matthew Hyman appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.

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

B-69 DONN LANGEVIN
Donn Langevin appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.

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

B-70 LEON MONDELLI
Leon Mondelli appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.

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

B-71 VITO MANGANI, JR.
Vito Mangani, Jr., represented by Thomas Portelli, Esq., appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.

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

B-72 BRIAN MCDERMOTT
Brian McDermott appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.

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

B-73 GEORGE PEREZ
George Perez, represented by Vincenza Leonelli-Spina, Esq., appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.

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

B-74 THOMAS PIZZANO
Thomas Pizzano appeals his score for the examination for the first level Fire Captain (PM3624A), Millburn.

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

B-75 BRUCE POLLOCK
Bruce Pollock appeals his score for the examination for the first level Fire Captain (PM3624A), Millburn.

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

B-76 ARTHUR REDA
Arthur Reda appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.

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

B-77 ANDREW SELBY
Andrew Selby, represented by Kevin Sisco, Esq., appeals his score for the examination for the first level Fire Captain (PM3593A), Paterson.

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

B-78 LAD BELL
Lad Bell appeals his score for the examination for the second level Fire Captain (PM3630A), Teaneck.

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

B-79 EUGENE BORA, JR.
Eugene Bora, Jr. appeals his score for the examination for the second level Fire Captain (PM3524B), Linden.

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

B-80 THOMAS CALLAHAN
Thomas Callahan appeals his score for the examination for the second level Fire Captain (PM3524B), Linden.

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

B-81 DANIEL COMPOFELICE
Daniel Compofelice appeals his score for the examination for the second level Fire Captain (PM3637A), Union Township.

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

B-82 KENNETH FAUST
Kenneth Faust appeals his score for the examination for the second level Fire Captain (PM3596A), New Brunswick.

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

B-83 PHILIP FRANCIS
Philip Francis appeals his score for the examination for the second level Fire Captain (PM3627A), Ridgewood.

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

B-84 STEPHEN FURDA
Stephen Furda appeals his score for the examination for the second level Fire Captain (PM3622A), Irvington.

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

B-85 WILLIAM GALANTINO
William Galantino appeals his score for the examination for the second level Fire Captain (PM3629A), South Orange.

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

B-86 THOMAS HOFFMAN
Thomas Hoffman appeals his score for the examination for the second level Fire Captain (PM3628A), Roselle.

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

B-87 ROBERT HOOGMOED, JR.
Robert Hoogmoed, Jr. appeals his score for the examination for the second level Fire Captain (PM3618A), Clifton.

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

B-88 JOHN LYNN
John Lynn appeals his score for the examination for the second level Fire Captain (PM3628A), Roselle.

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

B-89 KENNETH MAAT
Kenneth Maat appeals his score for the examination for the second level Fire Captain (PM3618A), Clifton.

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

B-90 THOMAS MALKINSKI
Thomas Malkinski, represented by Eugene Tazzetto, Esq., appeals his score for the second level Fire Captain (PM3634A), Bloomfield.

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

B-91 MICHAEL MCCUE
Michael McCue appeals his score for the examination for the second level Fire Captain (PM3594A), Plainfield.

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

B-92 WILLIAM MULLIGAN
William Mulligan appeals his score for the examination for the second level Fire Captain (PM3622A), Irvington.

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

B-93 ANTHONY PIROZZOLI
Anthony Pirozzoli appeals his score for the examination for the second level Fire Captain (PM3524B), Linden.

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

B-94 MATTHEW WAGNER
Matthew Wagner appeals his score for the examination for the second level Fire Captain (PM3620A), Hackensack.

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

B-95 DEAN WOURNELL
Dean Wournell appeals his score for the examination for the second level Fire Captain (PM3596A), New Brunswick.

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

B-96 CHRISTOPHER BAUMGARTEL
Christopher Baumgartel appeals his score on the examination for Fire Lieutenant (PM2509B), Margate City.

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

B-97 JAMES HILTNER
James Hiltner appeals his score on the examination for the Fire Lieutenant (PM2509B), Margate City.

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

B-98 ANTHONY MALFATTO
Anthony Malfatto appeals his score on the examination for Fire Lieutenant (PM2629A), Bloomfield.

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

B-99 MARGARET L. CALVANO
Margaret L. Calvano appeals the determination of the Division of Selection Services which found that she was ineligible for the promotional examination for Unemployment Insurance Clerk (PS3482N), Department of Labor due to her lack of the required amount of permanent status in the title to which the examination was open.

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

B-100 KENNETH HOUSTON
Kenneth Houston requests a make-up examination for County Correction Lieutenant (PC2516B), Union County.

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

B-101 BELINDA D. SMITH
Belinda D. Smith appeals the administration and a portion of the test content of the promotional examination for Management Improvement Specialist 1 (PS0846I), Department of Corrections.

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

B-102 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-103 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of November 20, 2001 are submitted for adoption.

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

B-104 PROPOSED AMENDMENTS TO N.J.A.C. 4A:7-1.1 ET SEQ.
It is recommended that the proposed amendments to N.J.A.C. 4A:7-1.1 et seq., which would codify the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace, continue to ensure equal employment opportunity in State service and implement changes based on recent, significant developments in discrimination law be adopted without change.

ACTION: The Merit System Board adopted the proposed amendments.

B-105 NORMAN HART
The appeal of Norman Hart, a County Correction Officer with Camden County, of his removal effective May 11, 1999 on charges, was heard by Administrative Law Judge Joseph F. Martone (ALJ), who rendered his initial decision on July 26, 2001, reversing the removal. At its meeting on November 8, 2001, the Board did not adopt the ALJ's recommendation. Rather, the Board upheld the removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Janice Mitchell Mintz (Yes)
  Alan Dexter Bowman (Abstained)
  Margaret E. L. Howard (Yes)
  Judith L. Shaw (Yes)

B-106 KEITH JOHNSON
The appeals of Keith Johnson, a Police Sergeant with the City of Camden Police Department, of his demotion and removals, effective January 12, 1999, on charges, was heard by Acting Chief Administrative Law Judge Jeff S. Masin (ALJ), who rendered his initial decision on October 4, 2001. At its meeting on November 8, 2001, the Merit System Board adopted the ALJ's recommendation to uphold the removals. Additionally, the Board upheld the demotion. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Janice Mitchell Mintz (Yes)
  Alan Dexter Bowman (Abstained)
  Margaret E. L. Howard (Yes)
  Judith L. Shaw (Yes)

B-107 GAIL MURRAY
The appeal of Gail Murray, Human Services Assistant, Woodbine Developmental Center, Department of Human Services, of her removals on charges, was heard by Administrative Law Judge Edgar R. Holmes (ALJ), who rendered his initial decision on June 8, 2001. At its meeting on November 8, 2001, the board, on its own motion granted reconsideration of its prior decision. The Board adopted the ALJ's recommendation to reverse the removal based on the charge of physical abuse of a client but modified the second removal based on the charge of leaving an assigned work area without permission, creating a danger to person, to a six-month suspension. The proposed final decision is now submitted for the board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Janice Mitchell Mintz (Yes)
  Alan Dexter Bowman (Abstained)
  Margaret E. L. Howard (Yes)
  Judith L. Shaw (Yes)

B-108 GEORGE POLLOCK
The appeal of George Pollock, General Supervisor Building Services, Atlantic County Department of Public Works, of his removal, effective September 21, 1999,
on charges, was heard by Administrative Law Judge John R. Tassini (ALJ), who rendered his initial decision on October 2, 2001. At its meeting on November 8, 2001, the Merit System Board (Board) did not adopt the ALJ's recommendation to uphold the removal. Rather, the Board concluded that a 30-day suspension was warranted. The proposed final decision is now submitted for the Board's review.

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

B-109 MARGE ROSA
The appeal of Marge Rosa, a Police Officer with the City of Newark, of her removal, effective June 14, 1999, based on her failure to successfully complete police academy training, was considered by Margaret M. Hayden (ALJ), who rendered her initial decision on August 2, 2001, upholding the removal. In that decision, the ALJ also consolidated the matter with the appellant's appeal to the Police Training Commission (PTC) of her dismissal from the police academy and determined that the PTC had the predominant interest. At its meeting on November 8, 2001, the Board adopted ALJ's recommendation to uphold the removal. The Board also adopted the ALJ's order of consolidation and predominant interest. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Janice Mitchell Mintz (Yes)
  Alan Dexter Bowman (Abstained)
  Margaret E. L. Howard (Yes)
  Judith L. Shaw (Yes)

B-110 JAMES CLYBURN AND JOHN SELLITO
The appeals of James Clyburn and John Sellito, both Police Officer with the Township of Irvington, of their removals, effective December 17, 1996, on charges, were before Administrative Law Judge Ken R. Springer (ALJ), who rendered his initial decision on September 10, 2001. At its meeting on November 20, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to reverse 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-111 MICHAEL GATEWOOD
The appeal of Michael Gatewood, a Laborer, City of Atlantic City, Department of Public Works, of his removal, effective September 29, 2000, was heard by Administrative Law Judge Edgar R. Holmes (ALJ), who rendered his initial decision on October 18, 2001. At its meeting on November 20, 2001, the Merit System Board (Board) adopted the ALJ's recommendation that the removal be reversed. The proposed final decision is now submitted to the Board's review.

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

B-112 CHARLES KING
The appeal of Charles King, Police Officer, City of Long Branch, of his suspension of 331/2 days beginning on June 7, 2000 on charges, was heard by Administrative Law Judge Steven C. Reback (ALJ), who rendered his initial decision on October 16, 2001. At its meeting on November 20, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to uphold the suspension. 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-113 THOMAS MENARD
The appeals of Thomas Menard, a Burlington County Correction Sergeant, of his demotion to County Correction Officer, effective May 9, 2000, and his six-day suspension, beginning December 6, 2000, both on charges, were heard by Administrative Law Judge Bruce R. Campbell (ALJ), who rendered his initial decision on October 10, 2001. At its meeting on November 20, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to modify the permanent demotion to a six-month demotion and to modify the six-day suspension to a one-day suspension. 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-114 EARLY SETTLEMENTS
Robert Boyer
City of Vineland
Health Department
Resignation not in good standing

Olen Eckeard
Woodbine Developmental Center
Department of Human Services
30-day suspension

Yolanda George
Department of Labor
Return to formerly held permanent title
at the end of working test period

Debora Kripplebauer
Township of Lawrence
Department of Public Safety
ten-day suspension

Orlando Marquez
Division of Youth and Family Services
Department of Human Services
15-day suspension

Patricia Richardson
Jersey City School District
Removal

Gary A. Soltys
County of Cape May
Sheriff's Department
Removal

Nicholas Wallick
County of Cape May
Crest Haven Nursing Home
Release at the end of working test period

ACTION: The Merit System Board acknowledged the settlements.

There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, December 18, 2001, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

______________________________
JANICE MITCHELL MINTZ
COMMISSIONER
MERIT SYSTEM BOARD

 
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