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Hope L. Cooper, Chairperson
Flavella Branham
John Currie
Margaret E.L. Howard
A regular meeting of the Civil Service Commission was held on Wednesday January 14, 2009, in Trenton, New Jersey.
PRESENT: Hope L. Cooper, Chairperson; Members Flavella Branham, John Currie and Margaret E. L. Howard; Pamela Ullman, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, Acting Chairperson Hope L. Cooper, 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 17, 2008, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified.
STATE
The Civil Service Commission recorded the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Tihira Anthony
Newark School District
Suspension
In the Matter of Monica L. DeShields
Monmouth County
Department of Corrections and Youth Services
Suspension
In the Matter of Jonathan Hodges
Ann Klein Forensic Center
Department of Human Services
Resignation not in good standing
In the Matter of Maria Marty
Ancora Psychiatric Hospital
Department of Human Services
Suspension
In the Matter of Velmae McDonald
Monmouth County
Department of Health Care Facilities
Suspension
In the Matter of Ronald Richards
Hudson County
Department of Public Resources
Suspensions (2)
In the Matter of Reynaldo Rosales
Ancora Psychiatric Hospital
Department of Human Services
Removal
In the Matter of Jose D. Tirado
Monmouth County
Department of Corrections and Youth Services
Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 RANDY CLIVER
Randy Cliver, County Correction Officer, Mercer County, Department of Public Safety, two fines one in the amount of $1,899.80 (equal to 10 days' pay) and another in the amount of $3,799.60 (equal to 20 days' pay), on charges of chronic and excessive absenteeism and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the two fines of $1,899.80 (equal to 10 days pay) and $3,799.60 (equal to 20 days pay).
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to a 10-day suspension and a 20-day suspension instead of fines.
A-3 DERRICK DUNSON
Derrick Dunson, Police Officer, City of Newark, Police Department, eight-working day suspension, on charges of violation of Police Department rules regarding neglect of duty and leaving his post.
Recommendation of the Administrative Law Judge - Reverse the eight-working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-4 JOYIAS MILES
Joyias Miles, Police Officer, City of Newark, Police Department, 23-day suspension, on charges of insubordination, and violation of Police Department rules regarding disobedience of orders, prompt report of sickness or injury, malingering, false statement and uniform.
Recommendation of the Administrative Law Judge - Modify the 23-day suspension to a 10-day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-5 DANIEL MURRAY (REMAND)
Daniel Murray, Correction Lieutenant, East Jersey State Prison, Department of Corrections, 30-day suspension on charges of violation of rules regarding discrimination that affects equal employment, policy prohibiting racial and/or sexual harassment, discrimination and/or retaliation, inappropriate physical contact or mistreatment of an inmate, patient, client, resident, or employee and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Accept the appointing authority's modification of the 30-day suspension to an official written reprimand and dismiss the appeal for lack of jurisdiction.
ACTION: The Civil Service Commission directed that this matter be held over.
A-6 MICHAEL WALSKI
Michael Walski, Police Officer, City of Newark, Police Department, 10-day suspension, on charges of violation of Police Department rules regarding obedience to orders and efficiency and cooperation.
Recommendation of the Administrative Law Judge - Modify the 10-day suspension to a three-day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-7 ALONZO CUMBERLANDER (REMAND)
Alonzo Cumberlander, Senior Correction Officer, Northern State Prison, Department of Corrections, removal effective December 5, 2006, on charges of conduct unbecoming a public employee, and violation of Department rules regarding physical or mental abuse of an inmate, patient, client, resident or employee, inappropriate physical contact or mistreatment of an inmate, patient, client, resident or employee, fighting or creating a disturbance on state property, negligence in performing duty resulting to injury to persons or damage to property.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-8 GREGORY EULO
Gregory Eulo, Computer Service Technician, Township of Nutley, Department of Public Safety, immediate removal, on the charge of inability to perform duties.
Recommendation of the Administrative Law Judge - Reverse the immediate removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
VOTE:
Hope L. Cooper (Yes)
Flavella Branham (Yes)
John Currie (Abstained)
Margaret E. L. Howard (Yes)
A-9 EDWARD LEACH, JR
Edward Leach, Jr., Youth Worker, formerly the Division of Youth and Family Services, removal effective January 17, 2008, on charges of conduct unbecoming a public employee violation of a rule, regulation, policy, procedure, order or administrative decision.
Recommendation of the Administrative Law Judge - Grant the appointing authority's motion to dismiss the appellant's appeal as moot.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-10 DANIEL MARCANO AND CHRISTOPHER FRUCCI (CONSOLIDATION)
Daniel Marcano and Christopher Frucci, Police Officers, City of Camden, Police Department, removals effective May 8, 2007 and December 13, 2007 respectively, on charges of falsification, neglect of duty and conduct unbecoming a public employee and violation of several Police Department rules.
Recommendation of the Administrative Law Judge - Reverse the removals.
ACTION: The Civil Service Commission remanded the matter to the Office of Administrative Law.
A-11 CURTIS MOSS
Curtis Moss, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal effective September 10, 2007, on charges of neglect of duty, falsification, and violation of a policy.
Recommendation of the Administrative Law Judge - Modify the removal to a 60-day suspension, but award no back pay.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to uphold the removal.
A-12 LINDA REID
Linda Reid, Senior Correction Officer, Riverfront State Prison, Department of Corrections, removal effective April 25, 2007, on charges of conduct unbecoming a public employee, falsification and other sufficient cause.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-13 DIONNE HASLAM
Dionne Haslam, Cottage Training Technician, North Jersey Developmental Center Department of Human Services, removal effective February 8, 2007, on the charge of physical abuse of a client. This matter was held over from the December 3, 2008, Civil Service Commission meeting for testimony summary.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Civil Service Commission rejected the recommendation of the Administrative Law Judge to uphold the removal.
A-14 ERIC HEIGLER
Eric Heigler, Senior Juvenile Detention Officer, Gloucester County, immediate removal, on charges of conduct unbecoming a public employee and neglect of duty.
Recommendation of the Administrative Law Judge - Uphold the charges and the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-15 WILFREDO MEDINA
Wilfredo Medina, Police Officer, City of Newark, Police Department, removal effective June 1, 2007, on charges of inability to perform duties and violation of Police Department rules regarding mental and physical capability. This matter was held over from the October 8, 2008, Civil Service Commission meeting for testimony summary.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Civil Service Commission rejected the recommendation of the Administrative Law Judge to uphold the removal.
SECTION B - MISCELLANEOUS MATTERS
B-1 EDWIN J. ANCHUNDIA
Edwin J. Anchundia appeals his rejection as a Police Officer candidate by Union City and its request to remove his name from the eligible list for Police Officer (S9999F) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission referred the matter for an independent psychological evaluation.
B-2 THOMAS J. HUGHES
Thomas J. Hughes, represented by Kevin Sisco, Esq., appeals the removal of his name from the (S9999H) eligible list for the title of Police Officer, City of Paterson on the basis of psychological unfitness.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-3 MARC VICIDOMINI
Marc Vicidomini appeals the removal of his name from the (S9999H) eligible list for the title of Police Officer, Hillside on the basis of psychological unfitness.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-4 REMIGIUSZ WOJDALA
Remigiusz Wojdala, represented by Joseph D. McGlone, Esq., appeals his rejection as a Sheriff's Officer candidate by Morris County and its request to remove his name from the eligible list for Sheriff's Officer (S9999H) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-5 TERESA BARKER
Teresa Barker, a Charge Nurse, 12 Months, at Ancora Psychiatric Hospital, Department of Human Services, represented by Michele Long-Vicker, Staff Representative, CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-6 PATRICIA BATTALIA
Patricia Battalia, a Technical Assistant 1, Treasury, with the Department of the Treasury, represented by Peter G. Maurer, Communications Workers of America Local 1033, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-7 JEFFREY BOLF
Jeffrey Bolf, a Truck Driver, Single Axle, with the Department of Transportation, represented by Jonathan E. Diego, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-8 GERALDINE BOSTON
Geraldine Boston, a Supervisor of Claims with the Department of the Treasury, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-9 MICHAEL BURO
Michael Buro, an Automotive Mechanic with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-10 JUAN CABAN
Juan Caban, a Crew Supervisor, Masons and Plasterers, at Woodbridge Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-11 PHIL CASON
Phil Cason, a Maintenance Worker 1, Transportation, with the Department of Transportation, represented by Frank M. Crivelli, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-12 JANICE COUCH
Janice Couch, a Social Worker 2 with the Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-13 WILLIAM DALIZ
William Daliz, a Senior Correction Officer with Southern State Correctional Facility, Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-14 LAILA EL-ZIND
Laila El-Zind, a Forensic Scientist 2 with the Department of Law and Public Safety, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-15 TRACEYANNE FRANK
Traceyanne Frank, a Correction Officer Sergeant with the Adult Diagnostic and Treatment Center, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted in part.
B-16 TOMAS MARTINEZ
Tomas Martinez, a former Senior Correction Officer at East Jersey State Prison, Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-17 ZOILA MEJIA-ARAGONA
Zoila Mejia-Aragona, a Project Engineer, Surface Design, with the Department of Transportation, represented by Susan P. Callahan, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-18 MICHALENE NOVACK
Michalene Novack, a Principal Clerk Typist at Greystone Park Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-19 FEYIKEMI ODERANTI
Feyikemi Oderanti, a Cottage Training Technician at Woodbridge Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-20 MARIE PARRISH
Marie Parrish, a Teacher 1 (12 Months) with the Juvenile Justice Commission, Department of Law and Public Safety, represented by Brett Richter, Staff Representative, CWA Local 1039, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-21 RAMESH PATEL
Ramesh Patel, a Senior Engineer Materials with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-22 SMITA PATEL
Smita Patel, a Senior Date Entry Machine Operator with the Department of State, represented by Gaye Palmer, Staff Representative, CWA Local 1033, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-23 JAMES RICKS
James Ricks, a Human Services Assistant with Ancora Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-24 MICHAEL RITZLER
Michael Ritzler, a Senior Correction Officer with Southern State Correctional Facility, Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-25 MARIE ROBINSON
Marie Robinson, a Social Worker 2 with Garden State Youth Correctional Facility, Department of Corrections appeals the denial of SLI benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-26 JESUS RODRIGUEZ
Jesus Rodriguez, a Grounds Worker at the Vineland Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-27 THOMAS SHAPPELL
Thomas Shappell, a Senior Correction Officer with Edna Mahan Correctional Facility for Women, Department of Corrections, represented by Jeffrey M. Russo, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-28 RHAMON TRENT
Rhamon Trent, a Senior Correction Officer at the Albert C. Wagner Youth Correctional Facility, Department of Corrections, represented by Samuel M. Gaylord, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-29 LYSANDRA ALVARADO
Lysandra Alvarado, represented by Ian R. Grodman, Esq., appeals the removal of her name from the Police Officer (S9999F), Newark, eligible list based on an unsatisfactory employment record.
ACTION: The Civil Service Commission directed that this matter be held over.
B-30 KENNETH CROSS
Kenneth Cross appeals the decision of the Division of State Human Resource Management (SHRM), which upheld the removal of his name from the Correction Officer Recruit (S9999H), Department of Corrections, eligible list due to an unsatisfactory criminal record.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-31 PAUL FERRARA
Union County requests that the eligible list for Juvenile Detention Officer (C2131H) be revived in order to re-appoint Paul Ferrara.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-32 ANDRE F. JONES
Andrea F. Jones, represented by Lynsey A. Johnson, Esq., appeals the decision of the Division of Local Human Resource Management (LHRM), which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Fire Fighter (M2289E), Newark, for failure to meet the age requirement for the position.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-33 CRYSTAL LEAKE
Crystal Leake, represented by Catherine M. Elston, Esq., appeals the decision of the Division of Local Human Resource Management (LHRM), which upheld the appointing authority's bypass of her name on a certification of the County Correction Lieutenant (PC2665F), Essex County, eligible list.
ACTION: The Civil Service Commission directed that this appeal be denied.
VOTE:
Hope L. Cooper (Yes)
Flavella Branham (Abstained)
John Currie (Yes)
Margaret E. L. Howard (Yes)
B-34 ANDRES MORALES
Andres Morales appeals the decision of the Division of Local Human Resource Management (LHRM), which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999H), Trenton, on the basis of an unsatisfactory background report.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-35 HENRY PENA
Henry Pena appeals the decision of the Division of Local Human Resource Management (LHM), which found that the appointing authority had presented a sufficient basis to remove his name from the Police Officer (S9999H), Paterson, eligible list as a result of an unsatisfactory criminal record.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-36 WILLIAM REED
William Reed appeals the decisions of the Division of Local Human Resource Management (LHRM) and the Division of State Human Resource Management (SHRM), which upheld the removals of his name from the Police Officer (S9999H) Bridgeton, and Correction Officer Recruit (S9999H), Department of Corrections, eligible lists, respectively, due to the falsification of his employment application and an unsatisfactory criminal record.
ACTION: The Civil Service Commission directed that these appeals be granted.
B-37 SANTOS RIVERA
Santos Rivera appeals the decision of the Division of Local Human Resource Management (LHRM), which found that the appointing authority had presented a sufficient basis to remove his name from the County Correction Officer (S9999H), Hudson County eligible list on the basis of an unsatisfactory criminal background and falsification of his employment application.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-38 ALEXANDER TORRES
Alexander Torres requests additional relief regarding his restoration to the Correction Officer Recruit (S9999H), Department of Corrections, eligible list.
ACTION: The Civil Service Commission granted the request.
B-39 COREY TREADWELL
Corey Treadwell appeals the removal of his name from the eligible list for Police Officer (S9999H), Newark on the basis that he was below the minimum requirements for the position.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-40 JOSEPH WILL, JR.
Joseph Will, Jr., appeals the decision of the Division of State Human Resource Management (SHRM), which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9999F), Department of Corrections eligible list, on the basis of an unsatisfactory criminal background.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-41 ADMINISTRATIVE ANALYST (M0076K), TRENTON
Trenton requests permission not to make an appointment from the May 28, 2008 certification for Administrative Analyst (M0076K).
ACTION: The Civil Service Commission granted the request for an appointment waiver but assessed partial selection costs in the amount of $1,024.
B-42 ASSISTANT COMPTROLLER (M6017G), EAST ORANGE
East Orange requests reconsideration of the decision rendered on August 27, 2008 by the Civil Service Commission in In the Matter of Assistant Comptroller (M6017G), East Orange, which ordered it to immediately remove the provisional appointee and to properly dispose of the August 22, 2005 certification within 30 days.
ACTION: The Civil Service Commission granted the request for reconsideration and granted the request for an appointment waiver, but assessed selection costs in the amount of $2,048.
B-43 COMMUNITY ORGANIZATION SPECIALIST (M1330H), NEWARK
The matter of whether Newark should be granted permission not to make an appointment from the October 26, 2006 certification for Community Organization Specialist (M1330H0 has been referred to the Civil Service Commission for review.
ACTION: The Civil Service Commission granted the request for an appointment waiver but assessed selection costs in the amount of $2,048.
B-44 COORDINATOR OF VOLUNTEERS (M6053J), JERSEY CITY SCHOOL DISTRICT
The Jersey City School District requests permission not to make an appointment from the July 16, 2007 certification for Coordinator of Volunteers (M6053J).
ACTION: The Civil Service Commission granted the request for an appointment waiver but assessed selection costs in the amount of $2,048.
B-45 ELECTRICAL SUBCODE OFFICIAL (M0056K), MORRISTOWN
Morristown requests permission not make an appointment from the April 29, 2008 certification for Electrical Subcode Official (M0056K).
ACTION: The Civil Service Commission granted the request for an appointment waiver but assessed selection costs in the amount of $2,048.
B-46 ELECTRICIAN (S0049K) BAYSIDE STATE PRISON
Bayside State Prison requests permission not to make an appointment from the June 9, 2008 certification for Electrician (S0049K), Bayside State Prison.
ACTION: The Civil Service Commission granted the request for an appointment waiver and directed that no selection costs be presently assessed.
B-47 EQUIPMENT OPERATOR (PM0199K), SPARTA
Sparta requests permission not to make an appointment from the July 17, 2008 certification for Equipment Operator (PM0199K), Sparta.
ACTION: The Civil Service Commission granted the request for an appointment waiver but assessed selection costs in the amount of $1,114.
B-48 FIELD REPRESENATIVE DISEASE CONTROL (M1019G) AND (M1722J), NEWARK.
The appointing authority's failure to dispose of the certification for Field Representative Disease Control (M1019G) and (M1722J), Newark, while a provisional is serving in the title, has been referred to the Civil Service Commission for enforcement.
ACTION: The Civil Service Commission ordered the appointing authority to remove the provisional appointee, make an appointment from the certification and pay compliance costs.
B-49 PERSONNEL CLERK, TYPING (M1711J), VINELAND SCHOOL DISTRICT
The Vineland School District requests permission not to make an appointment from the November 27, 2007 certification for Personnel Clerk, Typing (M1711J).
ACTION: The Civil Service Commission granted the request for an appointment waiver and but assessed partial selection costs in the amount of $1,024.
B-50 PUBLIC WORKS REPAIRER (M6255K), CLARK
Clark requests permission not to make an appointment from the March 10, 2008 certification for Public Works Repairer (M6255K).
ACTION: The Civil Service Commission granted the request for an appointment waiver and directed that no selections costs be presently assessed.
B-51 PURCHASING ASSISTANT (C1760J), MONMOUTH COUNTY
Monmouth County requests permission not to make an appointment from the December 4, 2007 certification for Purchasing Assistant (C1760J).
ACTION: The Civil Service Commission granted the request for an appointment waiver but assessed selection costs in the amount of $2,048.
B-52 RECREATION PROGRAM COORDINATOR (M1811J), HOLMDEL
Holmdel requests permission not to make an appointment from the July 23, 2008 certification for Recreation Program Coordinator (M1811J), Holmdel.
ACTION: The Civil Service Commission granted the request for an appointment waiver but assessed selection costs in the amount of $2,048.
B-53 SCHOOL NURSE'S AIDE (M0984G), NEWARK SCHOOL DISTRICT
The Division of Local Human Resource Management requests that the Newark School District be ordered to return the January 17, 2006 certification of the eligible list for School Nurse's Aide (M0984G) for proper disposition.
ACTION: The Civil service Commission granted the request.
B-54 SENIOR LIBRARY ASSISTANT (PC0454J), SUSSEX COUNTY
Sussex County request permission not to make an appointment from the April 25, 2008 certification for Senior Library Assistant (PC0454J).
ACTION: The Civil Service Commission granted the request for an appointment waiver but assessed selection costs in the amount of $1,114.
B-55 SENIOR PERMIT CLERK (M1639J), JERSEY CITY
Jersey City requests permission not to make an appointment from the November 26, 2007 certification for Senior Permit Clerk (M1639J).
ACTION: The Civil Service Commission denied the request for an appointment waiver and directed that the certification be disposed of and assessed compliance costs in the amount of $500.
B-56 SUPERVISING PROGRAM DEVELOPMENT SPECIALIST HUMAN SERVICES (S3042G), STATEWIDE
In In the Matter of Supervising Development Specialist Human Services (S3042G), Statewide (MSB, decided June 20, 2007), the Merit System Board granted the request of the Department of Human Services (DHS) for an appointment waiver from the May 30, 2006 certification and ordered that no selection costs would be assessed at that time since there was a possibility that the list could be utilized prior to its expiration. However, the DHS did not utilize the eligible list and the matter of the assessment of costs is now before the Civil Service Commission.
ACTION: The Civil Service Commission assessed selection costs in the amount of $8,285.
B-57 VINCENT FAVATA
Vincent Favata, a former Adjunct Professor at William Paterson University appeals the determination of the University President, 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 in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-58 TERRI HAND
Terri Hand, a Senior Management Assistant with the Department of Law and Public Safety, appeals the determination of the Director of the Office of Equal Employment Opportunity (EEO), stating that the appellant's allegations did not implicate the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-59 DIGNA NARVARTE
Digna Narvarte, an Auditor 2, Taxation, with the Department of the Treasury, appeals the determination of the Affirmative Action Officer, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-60 HABEEBAH WESTRY
Habeebah Westry, a Senior Correction Officer at Northern State Prison, Department of Corrections, (DOC), appeals the determination of the Director of Equal Employment Division with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-61 JOHN BURKLE
John Burkle appeals the decision of the Division of State Human Resource Management (SHRM) that the proper classification of his position is Regional Forester. The appellant seeks a Superintendent, Parks and Forestry 1 classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-62 GARY CHARYAK
Gary Charyak appeals the decision of the Division of State Human Resource Management (SHRM) that the proper classification of his position is Senior Environmental Specialist, Site Remediation. The appellant seeks a Principal Environmental Specialist, Site Remediation classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-63 RONALD CICCONE
Ronald Ciccone appeals the determination of the Division of Local Human Resource Management that his position is properly classified as a Park Attendant with Kearny. The appellant seeks a Truck Driver, Heavy, classification in this proceeding.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-64 DAVID JOHNSON
David Johnson appeals the decision of the Division of State Human Resource Management (SHRM) that the proper classification of his position is Regional Forester. The appellant seeks a Supervising Forester classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-65 MARIA MENICHELLI
The Mercer County Board of Social Services, represented by Robert A. Obler, Esq., appeals the determination of the Division of Local Human Resource Management (LHRM) that the position of Maria Menichelli is properly classified as a Secretarial Assistant. An Officer Services Manager classification is sought in this proceeding.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-66 ANTHONY DEPROSPO
Anthony Deprospo, a former Police Officer with Paterson, represented by Timothy R. Smith, Esq., appeals his immediate suspension, effective December 14, 2007, and removal effective January 24, 2008.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-67 DAVID ROSEN
David Rosen, a Fire Fighter, with Trenton, represented by George T. Dougherty, Esq., appeals his preclusion from performing the duties of a Fire Captain.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-68 WAHIDA YOUSOUFZAI
The Department of Transportation requests that Wahida Yousoufzai receive a retroactive permanent date to Senior Engineer Transportation so that she will be eligible for the promotional examination for Principal Engineer Planning (PS0533T) and Principal Engineer Transportation (PS0534T), Department of Transportation.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-69 MANUEL OLIVEIRA
Manuel Oliveira, represented by Kelly Daniels, Esq., petitions the Civil Service Commission for a determination with regard to the back pay, benefits and seniority awarded in In the Matter of Manuel A. Oliveira (MSB, decided October 5, 2005). The petitioner also requests counsel fees.
ACTION: The Civil Service Commission denied the request for back pay and counsel fees and directed that vacation days be awarded only for 2005 and 2006.
B-70 ERIC OSLIN
Eric Oslin, a Senior Correction Officer at Southern State Correctional Facility, Department of Corrections, represented by Colin M. Lynch, Esq., appeals the extension of his working test period as a Correction Officer Recruit and his anniversary date upon appointment to the title of Senior Correction Officer.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-71 JOSEPH GAINES
The appeal of Joseph Gaines, an Assistant Supervisor of Motor Pool with Trenton of his removal on charges, effective February 9, 2005, was heard by Administrative Law Judge Joseph F. Fidler (ALJ), who rendered his initial decision on July 30, 2008. At its meeting on December 17, 2008, the Civil Service Commission adopted the ALJ's recommendation to uphold the removal. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
VOTE:
Hope L. Cooper (Abstained)
Flavella Branham (Yes)
John Currie (Yes)
Margaret E. L. Howard (Yes)
B-72 STANFORD HARRIS
The appeal of Stanford Harris, a Human Services Technician with Greystone Park Psychiatric Hospital, Department of Human Services, of his removal on charges, was heard by Administrative Law Judge Joseph A. Paone (ALJ), who rendered his initial decision on October 20, 2008. At is meeting on December 17, 2008, the Civil Service Commission adopted the ALJ's recommendation to uphold the removal, but modified the dates for which partial back pay is to be awarded. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
VOTE:
Hope L. Cooper (Abstained)
Flavella Branham (Yes)
John Currie (Yes)
Margaret E. L. Howard (Yes)
B-73 CAROLINE B. JOHNSON
The appeal of Caroline B. Johnson, a Human Services Assistant at New Lisbon Developmental Center, Department of Human Services, of her removal effective December 15, 206, on charges, was heard by Administrative Law Judge Douglas H. Hurd (ALJ), who rendered his initial decision on September 10, 2008, reversing the removal. At its meeting on December 17, 2008, the Civil Service Commission adopted the ALJ's recommendation. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
VOTE:
Hope L. Cooper (Abstained)
Flavella Branham (Yes)
John Currie (Yes)
Margaret E. L. Howard (Yes)
B-74 TRACY JOHNSON
The appeal of Tracy Johnson, a Correction Sergeant at Northern State Prison, Department of Corrections, of his removal effective April 27, 2007, on charges, was heard by Administrative Law Judge Sandra Ann Robinson (ALJ), who rendered her initial decision on August 4, 2008. At its meeting on December 17, 2008, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation to reverse the removal. Rather, the Commission remanded the matter to the Office of Administrative Law for further proceedings.
ACTION: The Civil Service Commission adopted the decision.
VOTE:
Hope L. Cooper (Abstained)
Flavella Branham (Yes)
John Currie (Yes)
Margaret E. L. Howard (Yes)
B-75 DONALD MITCHELL
The appeal of Donald Mitchell, a County Correction Sergeant with Hudson County, of his removal and resignation not in good standing effective June 29, 2006, on charges, was heard by Administrative Judge Barry E. Moscowitz (ALJ), who rendered his initial decision on September 2, 2008. At its meeting on December 17, 2008, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation to reverse the removal and resignation not in good standing. Rather, the Commission ordered that the matter be remanded to the Office of Administrative Law. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
VOTE:
Hope L. Cooper (Abstained)
Flavella Branham (Yes)
John Currie (Yes)
Margaret E. L. Howard (Yes)
B-76 JOHN TAYLOR
The appeal of John Taylor, a Senior Correction Officer with the Garden State Youth Correctional Facility, Department of Corrections, of his removal, effective July 25, 2006, on charges, was heard by Administrative Law Judge Stephanie M. Wauters (ALJ), who rendered her initial decision on August 8, 2008. At its meeting on December 17, 2008, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation to reverse the removal. Rather, the Commission upheld the removal. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
VOTE:
Hope L. Cooper (Abstained)
Flavella Branham (Yes)
John Currie (Yes)
Margaret E. L. Howard (Yes)
B-77 LESLIE ALVAREZ AND CATHERINE DAILEY
Leslie Alverez and Catherine Dailey appeal the decisions of the Division of Selection Services that they did not meet the experience requirements for the promotional examination for Quality Assurance Specialist Health Services.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-78 MELISSA ANGLE
Melissa Angle 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 Administrative Secretary (PM0169K), Rockaway.
ACTION: The Civil Service Commission directed that this appeal be denied but directed that the matter of Ms. Angle's classification be referred to the Division of Local Human Resource Management.
B-79 VERNEIDA BAILEY
Verneida Bailey appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Deputy Municipal Court Administrator (PM0467K), Newark.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-80 ANDREA BOULTON
Andrea Boulton appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Supervising Program Development Specialist, Community Services (PC0866K), Middlesex County.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-81 MICHELE BRODY
Michele Brody appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the open competitive examination for Program Coordinator Special Events (M0261K), Middletown Township.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-82 THOMAS BOSS
Thomas Boss appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, he did not meet the experience requirements for the promotional examination for Manager 2, Division of Motor Vehicles (PS9583T), Motor Vehicle Commission.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-83 DANIELLE CHALLENDER
Danielle Challender appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Personnel Assistant (P9344K), Department of Human Services.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-84 CAROLYN COLE
Carolyn Cole appeals the determination of the Division of Selection Services that she did not meet the experience requirement for the promotional examination for Executive Assistant (PM0473K), Elizabeth.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-85 ERICA DAVIS AND ANSONIA LEWIS
Erica Davis and Ansonia Lewis appeal the determinations of the Division of Selection Services that they did not meet the experience requirements for the promotional examination for Hearing Officer 1, State Parole Board (PS8885I), State Parole Board.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-86 JOSEPH E. GIORDANO
Joseph E. Giordano appeals the determination of the Division of Selection Services that he did not meet the experience requirement for the promotional examination for Senior Sewer Repairer/Senior Repairer, City of Sea Isle City.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-87 KRISTI GOLDEN
Kristi Golden appeals the determination of the Division of Selection Services that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Governmental Relations Specialist 2 (PS6823P), Department of Law and Public Safety.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-88 MAURICE ISAZA FRANK SERMARINI
Maurice Isaza and Frank Sermarini appeal the determinations of the Division of Selection Services which found that the Maurice Isaza did not meet the experience requirements and Frank Sermarini did not meet the experience requirements, per the substitution clause for education, for the promotional examination for Administrative Analyst 2, Data Processing (PS8722N), Department of Labor and Workforce Development.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-89 KAREN LAVALLE
Karen LaValle appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Administrative Secretary/Office Services Manager (PC0767J), Cumberland County.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-90 PASQUALE P. LOCANE
Pasquale P. Locane, an Administrative Analyst 2, Procurement, with the Department of the Treasury, requests that the eligible list for Administrative Analyst 1, Procurement (PS7086U) be extended for one year beyond its expiration date.
ACTION: The Civil Service Commission denied the request.
B-91 IRIS MARTI
Iris Marti appeals the decision of the Division of Selection Services which found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Program Development Specialist 2 Bilingual in Spanish/English (PS9357K), Trenton Psychiatric Hospital.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-92 JULIE MIRANDA
Julie Miranda 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 Paralegal Technician 1 (PS7370K), Department of Children and Families.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-93 ANA MORILLO
Ana Morillo appeals the determination of the Division of Selection Services that she did not meet the experience requirement for the open competitive examination for Customer Service Information Specialist 2, Bilingual in Spanish and English (S0103K).
ACTION: The Civil Service Commission directed that this appeal be granted.
B-94 SAMEERAH MUHAMMAD
Sameerah Muhammad appeals the determination of the Division of Selection Services which found that she did not meet the requirements for the promotional examination for Senior Personnel Assistant (PM1755J), Newark School District.
ACTION: The Civil Service Commission directed that this appeal be granted
B-95 HIRAN PATEL
Hiran Patel appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in education for the promotional examination for Section Supervisor Fiscal Resources (PS7410P), Department of Law and Public Safety.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-96 MICHELLE PRIANCIANI
Michelle Prianciani appeals the determination of the Division of Selection Services that she did not meet the experience requirement for the open competitive examination for Social Worker 2, Corrections (S0026K), Department of Corrections.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-97 ELLEN REILLY-PRIVETT
Ellen Reilly-Privett appeals the determination of the Division of Selection Services that found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Administrative Analyst (PM0619K), Brick Township.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-98 WEN ING REN AND DINA THOMPSON
Wen Ing Ren and Dina Thompson appeal the determinations of the Division of Selection Services which found that Ms. Ren did not meet the experience requirements, and Ms. Thompson did not meet the experience requirements, per the substitution clause for education, for the open competitive examination for Supervising Program Development Specialist (S0089K), Statewide.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-99 GINA M. RUSSO
Gina M. Russo appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in education for the open competitive examination for Program Specialist Special Child Health Services (C0276K), Ocean County.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-100 MARVA SALVATO
Marva Salvato appeals the determination of the Division of Selection Services that she did not meet the experience requirement for the promotional examination for Assistant Supervisor of Accounts (PC1078J), Hunterdon County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-101 JAGJIT SETHI
Jagjit Sethi appeals the determination of the Division of Selection Services which found that she did not meet the education and experience requirements for the promotional examination for Administrative Analyst 2 (PS8867G), Department of Environmental Protection.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-102 CARLOS SOTO
Carlos Soto appeals the determination of the Division of Selection Services that he did not meet the experience requirement for the promotional examination for Supervisor of Records (PC0441K), Bergen County.
ACTION: The Civil Service Commission directed that this appeal be granted
B-103 PIA REY-DOKLAN
Pia Rey-Doklan appeals the determinations of the Division of Selection Services which found that per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Representative, Senior Citizen Program (PC0366J), (PC1567J) & (PC0643K), Hunterdon County.
ACTION: The Civil Service Commission directed that this appeal be granted and the appellant be admitted to the PC0643K examination.
B-104 JESSICA A. VALDES
Jessica A. Valdes appeals the determination of the Division of Selection Services that she did not meet the experience requirement for the promotional examination for Secretarial Assistant 3, Non-Stenographic (PS8121H), Department of Health and Senior Services.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-105 JOHN VILE
John Vile appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, he did not meet the experience requirements for the promotional examination for Environmental Scientist 1 Water Resources (PS8770G), Department of Environmental Protection.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-106 JASON WURST
Jason Wurst appeals the determination of the Division of Selection Services which found that he did not meet the experience requirement for the promotional examination for Administrative Analyst 2 Fiscal Management (PS8875H), Department of Human Services.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-107 WILLIAM BORKE III
William Borke III appeals his score for the oral portion of the examination for the second level Fire Captain (PM3567J), New Brunswick.
ACTION: The Civil Service Commission directed that this appeal be granted and the examination be rescored to reflect the change in score for the technical component of the Evolving scenario from 3 to 5.
B-108 TIMOTHY BUCKLEY
Timothy Buckley appeals his score for the oral portion of the examination for the second level Fire Captain (PM3580J), Belleville.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-109 MARTIN LUTZ
Martin Lutz, represented by Andrew Garruto, Esq., appeals his score for the oral portion of the examination for the second level Fire Captain (PM3580J), Belleville.
ACTION: The Civil Service Commission directed that the appellant's score for the oral communication component of the Administration scenario be changed from 2 to 3, and the remainder of the appeal be denied.
B-110 MARY C. STOUT
Mary C. Stout appeals her score and rank on the promotional examination for Cook 10 Months (PS4173F), Department of Education.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-111 ROBERT MALONE
Ocean County, on behalf of Robert Malone, requests that Mr. Malone's out-of-title work experience be accepted for a qualifying examination for Equipment Operator, Ocean County.
ACTION: The Civil Service Commission granted the request.
B-112 PATRICIA SCARCELLIE
The Director, Division of State Human Resource Management (SHRM), on behalf of the Department of Children and Families, requests that the provisions of N.J.A.C. 4A:4-1.1(c) be relaxed in order to allow Patricia Scarcellie to be provisionally appointed, pending promotional examination procedures, to the competitive title of Secretarial Assistant 3 (Non-Stenographic).
ACTION: The Civil Service Commission granted the request.
B-113 MICHAEL D. LEE
The City of Newark (Newark) requests that the provisions of N.J.A.C. 4A:4-7.1A(b) be relaxed in order to permit the Intergovernmental Transfer of Michael D. Lee from the title of Police Officer, City of Millville to the title of Police Officer, Newark.
ACTION: The Civil Service Commission granted the request.
B-114 TOMASZ MATLOSZ
The City of Linden requests relaxation of N.J.A.C. 4A:5-7.1A(c) so as to permit the intergovernmental transfer of Tomasz Matlosz from the title of Sheriff's Officer, Union County Sheriff's Office, to the title of Police Officer, Linden.
ACTION: The Civil Service Commission granted the request.
B-115 WALTER OLIVANT
The Department of Environmental Protection, on behalf of Walter Olivant, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit Mr. Olivant who is participating in the donated leave program, to receive more than the 180 donated leave days allowed to a recipient.
ACTION: The Civil Service Commission granted the request.
B-116 ELIZABETH ROBBINS
The Department of Corrections on behalf of Elizabeth Robbins, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit her to donate more than 20 leave days to Sandra Cowgill, who is participating in the donated leave program.
ACTION: The Civil Service Commission granted the request.
B-117 LOUISE FITZPATRICK
The Department of Human Services, on behalf of Louise Fitzpatrick, request the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit her to donate more than 10 days to Brian Gooley, who is participating in the donated leave program.
ACTION: The Civil Service Commission granted the request.
B-118 VOLUNTARY FURLOUGH CONTINUATION FISCAL YEAR 2009
Various employees of the Department of Environmental Protection (DEP), represented by Adam Liebtag, Lead Staff Representative, Communications Workers of America, Local 1034 (Local 1034) and various employees of the Department of Law and Public Safety (DLPS), petition the Civil Service Commission to continue to extend its relaxation of the eligibility criteria for the voluntary furlough program through the remainder of fiscal year 2009. This matter was held over from the December 17, 2008 Civil Service Commission meeting.
ACTION: The Civil Service Commission extended the rule relaxation through June 30, 2009.
B-119 CIVIL SERVICE COMMISSION MINUTES
The minutes of the Civil Service Commission meeting of December 17, 2008 are submitted for adoption.
ACTION: The Civil Service Commission adopted the minutes of its meeting of December 17, 2008.
VOTE:
Hope L. Cooper (Abstained)
Flavella Branham (Yes)
John Currie (Yes)
Margaret E. L. Howard (Yes)
B-120 ANTHONY SCALLY
Anthony Scally, represented by Jeffrey G. Garrigan, Esq., appeals his rejection as a Police Officer candidate by Jersey City and its request to remove his name from the eligible list for Police Officer (S9999H) on the basis of medical unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-121 EARLY SETTLEMENTS
Samuel Bryant
New Jersey state Prison
Department of Corrections
Suspension
Patrick D. Renzi
Burlington County
Highway Department
Suspension
ACTION: The Civil Service Commission acknowledged the settlements.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, January 28, 2009, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
__________________________________
Hope L. Cooper
Chairperson
Civil Service Commission
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