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State of New Jersey, Civil Service Commission
Governor Chris Christie • Lt.Governor Kim Guadagno
 
 

Ida L. Castro, Chairwoman
Alan Dexter Bowman
Josephine DiRienzo
Margaret E. L. Howard
Leo R. Vartan

A regular meeting of the Merit System Board was held on Wednesday, February 20, 2002, in Trenton, New Jersey.

PRESENT: Chairwoman Ida L. Castro, Merit System Board Members, Alan Dexter Bowman, Josephine DiRienzo, Margaret E. L. Howard, and Leo R. Vartan; Barbara Stoop, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.

In accordance with L.1975, c.231, Chairwoman Ida L. Castro 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 February 13, 2002, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

It is noted that agenda items A-12 and A-16 were considered after all matters. At the conclusion of item B-78 the open session was recessed and, pursuant to Section 12(b) of the Open Public Meetings Act, the Merit System Board entered into Executive Session for the purpose of legal advice on the matters of A-12 Toni Hilson and A-16 Elvira Toolen. The Board subsequently reconvened the Public Meeting in order to render a decision on these matters.

All actions were by unanimous vote unless otherwise specified.

CONFIDENTIAL APPOINTMENTS
The Merit System Board recorded the following Confidential Appointments under N.J.S.A. 11A:3-4(h):

Caroline P. Erlich appointed as a Confidential Secretary, Department of the Treasury, effective January 16, 2002, salary of $85,000.00 per annum.

Aditya M. Ajwani appointed as a Confidential Assistant, Department of the Treasury, effective January 16, 2002, salary of $80,000.00 per annum

Ajhezza A. Gonzalez appointed as Confidential Assistant, Department of Health and Senior Services, effective January 16, 2002, salary of $47,000.00 per annum.

DISMISSAL OF APPEALS - FAILURE TO APPEAR
The Merit System Board dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:

Barbara Ailey, Principal Clerk Typist, Department of Banking and Insurance, resignation not in good standing.

Wayne Bishop, Laborer, Department of Neighborhood and Recreational Services, City of Newark, suspension.

April DeGrande, Practical Nurse, Department of Corrections and Youth Services, County of Monmouth, release at the end of the working test period.

Douglas Eldridge, Sergeant, Police Department, Borough of Oakland, suspension and demotion.

Pedro Figueredo, Laborer, Department of Parks and Recreation, County of Union, suspension.

Marvin Fuller, Senior Data Machine Operator, Terminal, Department of the Treasury, removal.

Jose Gonzalez, Sludge Dewatering Machine Operator, Camden County Municipal Utilities Authority, good faith layoff.

Charles Granger, Jr., Senior Correction Officer, East Jersey State Prison, Department of Corrections, suspension.

Allen C. Holmes, Probation Officer, Middlesex Vicinage, Department of Judiciary, removal and PAR rating.

Deborah Hunt, Human Services Technician, Trenton Psychiatric Hospital, Department of Human Services, suspension.

Ernest Iodaci, Police Sergeant, Police Department, Borough of Lodi, removal.

Joanna Roman, Senior Youth Worker, Division of Youth and Family Services, Department of Human Services, removal.

Rodney Thompson, Practical Nurse, New Lisbon Developmental Center, Department of Human Services, resignation not in good standing.

Sabrina Watson, Security Guard, Newark School District, suspension.

Kristina Wehnke, Project Development Specialist, Community Services, Department of Human Services, County of Atlantic, suspension.

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Wilson Cook
Township of Jackson
Department of Public Works
Suspension

In the Matter of Loretta Franco
Juvenile Justice Commission
Back pay dispute

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

In the Matter of Seth Ofori-Asaase
Greystone Park Psychiatric Hospital
Department of Human Services
Removal

In the Matter of Victor Thompson
New Lisbon Developmental Center
Department of Human Services
Removal

In the Matter of Heidi Woodsum
Mountainview Youth Correctional Facility
Department of Corrections
Resignation not in good standing, Suspension and Removal

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

ACTION: The Merit System Board acknowledged the settlements.

A-2 VALERIE BRADBURY
Valerie Bradbury, Police Officer, City of Newark, Police Department, 1) five-day suspension on charges of conduct unbecoming a public employee and indecent language, 2) five-day suspension on charges of conduct unbecoming a public employee, police image, and language, and 3) ten-day suspension on charges of conduct unbecoming a public employee and neglect of duty.

Recommendation of the Administrative Law Judge - 1) Reverse the five-day suspension, and dismiss the charges for 2) five-day suspension and 3) ten-day suspension.

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

A-3 LONDELA BRYANT
Londela Bryant, Support Services Representative Trainee, Department of Transportation, release at the end of the working test period effective March 13, 2000.

Recommendation of the Administrative Law Judge - Uphold the release at the end of the working test period.

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

A-4 ANTHONY DEPASQUALE

Anthony DePasquale, Heavy Equipment Operator, South Woods State Prison, Department of Corrections, 15-day suspension on the charge of serious mistake due to carelessness, which may result in danger and/or injury to persons or property.

Recommendation of the Administrative Law Judge - Uphold the 15-day suspension.

ACTION: The Merit System Board modified the recommendation of the
Administrative Law Judge to a 5-day suspension.

A-5 DIANE NUNEZ
Diane Nunez, Senior Payroll Clerk, Ancora Psychiatric Hospital, Department of Human Services, resignation not in good standing effective June 22, 2001, on the charge of being absent from duty for five or more consecutive business days without approval.

Recommendation of the Administrative Law Judge - Dismiss the appeal.

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

A-6 KATHERINE BERGMANN (REMAND)
Katherine Bergmann, an unclassified Secretary to the Warren County Prosecutor, was removed effective July 24, 1995, on the charge of insubordination. The appellant alleged that she was removed in reprisal for her attempts to attain permanent status.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-7 ROBERT CANNON
Robert Cannon, Police Officer, City of Jersey City, Police Department, 44-day suspension and removal effective March 2, 2000, on charges of inability to perform duties and violation of Police Department rules regarding the use of alcoholic beverages and drugs.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-8 BYRON GURTLER
Byron Gurtler, Correction Lieutenant, Mountainview Youth Correctional Facility, Department of Corrections, removal effective April 7, 2000, on the charge of inability to perform duties. Appellant requests back pay, benefits, seniority and counsel fees.

Recommendation of the Administrative Law Judge - Award back pay, benefits, seniority and counsel fees.

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

A-9 ANTHONY MCKENZIE
Anthony McKenzie, County Correction Officer, County of Union, Department of Public Safety, removal effective May 11, 2000, on charges of conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Reverse the removal.

ACTION: The Merit System Board remanded the matter to the Office of the
Administrative Law.

A-10 ALAN WATSON
Alan Watson, Police Officer, City of Newark, Police Department removal effective December 14, 1995, on the charge of violation of Police Department rules regarding obedience to orders.

Recommendation of the Administrative Law Judge - Dismiss the appeal pursuant to an order of forfeiture.

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

VOTE: Ida L. Castro (Yes)
  Alan Dexter Bowman (Abstained)
  Josephine DiRienzo (Yes)
  Margaret E. L. Howard (Yes)
  Leo R. Vartan (Yes)

A-11 CHERYL ENNALS
The appointing authority requests full Board reconsideration In the Matter of Cheryl Ennals, Senior Correction Officer, South Woods State Prison, Department of Corrections, removal effective September 17, 2000, on the charge of other sufficient cause: violation of rules regarding safety and security precautions; improper and unauthorized contact with an inmate, undue familiarity with inmates, parolees, their families, or friends. This matter was previously presented to the Merit System Board at its meeting of August 28, 2001 and the initial decision of the Administrative Law Judge was deemed adopted as a result of a tie vote by the Board.

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

A-12 TONI HILSON
Toni Hilson, Environmental Specialist, Department of Environmental Protection, layoff effective July 8, 1994 is submitted to the Merit System Board for reconsideration of the full Board of its decision rendered on December 18, 2001.

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

A-13 BONNIE SUE KROHN (CONSOLIDATION)
Bonnie Sue Krohn, Omnibus Operator with Ocean County Department of Transportation and Vehicle Services, resignation in good standing effective May 19, 1999.

Recommendation of the Administrative Law Judge - Rescind the resignation and reinstate the appellant.

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

A-14 RUTH MEGARGEE (CONSOLIDATION)
Ruth Megargee, Teacher 1 with the Department of Human Services (DHS), appeals the decision of the DHS' Assistant Commissioner for Human Resources regarding her request for a reasonable accommodation.

Recommendation of the Administrative Law Judge - Dismiss the appeal.

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

A-15 CHARLES STEPHENSON

Charles Stephenson, Senior Correction Officer, Northern State Prison, Department of Corrections, removal effective April 27, 2000, on charges of neglect of duty and violation of internal rules regarding neglect of duty, loafing, idleness or willful failure to devote attention to tasks which could result in danger to persons or property. This matter is presented to the Merit System Board for reconsideration of it's prior decision of December 18, 2001 as the written decision could not be adopted since there is no longer a quorum in regard to this vote.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

VOTE: Ida L. Castro (Yes)
  Alan Dexter Bowman (No)
  Josephine DiRienzo (Yes)
  Margaret E. L. Howard (Yes)
  Leo R. Vartan (Yes)

A-16 ELVIRA TOOLEN
Elvira Toolen, Family Service Specialist 3, Division of Youth and Family Services, Department of Human Services, appeals the denial of sick leave injury benefits. This matter was held over from the Merit System Board meeting of January 29, 2002.

Recommendation of the Administrative Law Judge - Grant sick leave injury benefits.

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

SECTION B - MISCELLANEOUS MATTERS
B-1 GREGORY GILLEECE
Gregory Gilleece appeals his rejection as a Police Officer candidate by the County of Union 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-2 DAVID LAFOUNTAINE
David Lafountaine, represented by William B. Hilderbrand, Esq., appeals his rejection as a Police Officer candidate by the Borough of Lindenwold and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-3 DONALD SPRINGSTEADAH
Donald Springsteadah appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-4 DAISY GILLIAM
Daisy Gilliam, a Cottage Training Technician at Woodbridge Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this matter be referred to the
Medical Examiner Panel.

B-5 ERIC GROB
Eric Grob, a Senior Correction Officer at East Jersey 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 granted.

B-6 GLORIA JONES
Gloria Jones, a Practical Nurse at Vineland Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-7 EVELYN LONG
Evelyn Long, a Human Services Technician with Senator Garrett W. Hagedorn 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-8 KEVIN J. MCCORMACK
Kevin J. McCormack, a Senior Correction Officer with East Jersey 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-9 BRIAN SOBUN
Brian Sobun, a Senior Correction Officer at New Jersey State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-10 SUNG YI
Sung Yi, a former Head Cook 1 with the Department of Corrections, represented by Benjamin Spivack, Senior Staff Representative, CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.

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

B-11 KENNETH TAYLOR
Kenneth Taylor, a Senior Correction Officer with East Jersey 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 granted in part.

B-12 SCOTT BARKER
Scott Barker, a Family Service Specialist 1 with the Division of Youth and Family Services (DYFS), Department of Human Services, appeals the decision of Human Resource Information Services indicating that the appellant's name could not be certified to DYFS from the Residential Services Specialist 1 (S0685C) eligible list.

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

B-13 NICHOLAS D'ALESSIO
Nicholas D'Alessio, represented by Harold A. Parra, Esq., appeals the decision of Selection Services which found that the City of Elizabeth had presented a sufficient basis to remove the appellant's name from the Police Officer (S9999A) eligible list, on the basis of falsification of his preemployment application.

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

B-14 MARK DANIK
Mark Danik appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Correction Officer Recruit (S9999A), Department of Corrections, on the basis of an unsatisfactory criminal record.

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

B-15 JORGE FACAO
Jorge Facao, represented by Arlindo B. Araujo, Esq. appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Police Officer (M33944) and (S9999V) City of Newark eligible lists, due to an unsatisfactory background report.

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

B-16 ANTHONY FARATRO
Anthony Faratro, represented by Elise DiNardo, Esq., appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9999W) eligible list due to an unsatisfactory driving record and the falsification of his employment application.

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

B-17 JAMES HINES
James Hines, represented by Ben J. Zander, Esq., appeals the decision of the City of Camden (City) which removed the appellant's name from the Fire Fighter (M9064S) eligible list on the basis of an unsatisfactory driving record.

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

B-18 LEROY HUMES AND WILLIAM GLEASON
Leroy Humes, represented by Joseph J. Bell, Esq., and William Gleason appeal the determination of the Division of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to bypass their names for appointment consideration to the Building Sub-Code Official position in Parsippany-Troy Hills.

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

B-19 PETER INGRALDI, III
Peter Ingraldi III 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 denied.

B-20 MARK JACOBY
Mark Jacoby, represented by Steven P. Scheffler, 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 Police Officer (S9999W), Atlantic City, on the basis of an unsatisfactory background report.

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

B-21 JOHN N. KARL, JR.
John N. Karl, Jr., appeals the decision of Human Resource Information Services which removed the appellant's name from the Public Information Assistant (S0661C), Department of Transportation eligible list, due to the appellant's untimely response to the certification notice.

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

B-22 IRIS LOPEZ
Iris Lopez appeals the decision of Human Resource Information Services which upheld the removal of her name from the Field Representative Housing, Housing Assistance Program (S0512B), Department of Community Affairs, eligible list on the basis of her failure to respond to the Notice of Certification.

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

B-23 FRANCES M. MELENDEZ
Frances M. Melendez appeals the decision of Human Resource Information Services which upheld the removal of her name from the Sheriff's Officer (S9999A), Hudson County, eligible list due to her failure to respond to the Notice of Certification.

ACTION: The Merit System Board directed that this appeal be granted, and the
appellant's name be restored to Sheriff's Officer (S9999A), eligible list.

B-24 LESLIE F. PRINCE
Leslie F. Prince appeals the determination of Human Resource Information Services to uphold the removal of his name from the Analyst Grant Applications/Program Monitor (M6233B) eligible list and also the removal of his name from the Affirmative Action Specialist (M1362B), City of Newark eligible list due to the appellant's failure to respond to the certification notices.

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

B-25 GREGORY P. SCHIAVO
Gregory P. Schiavo, represented by David A. Stefankiewicz, Esq., appeals the removal of his name from the eligible list for Correction Officer Recruit (S9999A), Department of Corrections, based upon an unsatisfactory criminal record.

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

B-26 STEPHEN SEXTON
Stephen Sexton appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove his name from the Police Officer (S9999A), Woodbridge Township eligible list, due to an unsatisfactory employment record.

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

B-27 TRACEY SHIMONIS
Tracey Shimonis, represented by Ron Reich, Esq., appeals the decision of Selection Services, which found that the appointing authority had presented a sufficient basis to remove her name from the eligible list for Police Officer (S9999A), Lacey Township, on the basis of an unsatisfactory background report.

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

B-28 LAURA SPENCER
Laura Spencer appeals the decision of Selection Services which removed the appellant's name from the Police Officer (S9999A), City of Orange Township eligible list, due to the appellant's failure to appear for pre-employment processing.

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

B-29 STEPHANIE STEWART EVANS
Stephanie Stewart Evans appeals the decision of Human Resource Information Systems (HRIS) which restored her name to Quality Control Reviewer (S0698C), Department of Human Services eligible list for future certifications only.

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

B-30 RAYMOND SZYMANSKI
Raymond Szymanski appeals the determination of Human Resource Information Services which upheld the appointing authority's removal of his name from the promotional list for Administrative Analyst 2, Fiscal Management (PS8030K), Department of Human Services and the removal of his name from the promotional list for Budget Analyst 1 (PS0025K), Department of Human Services, on the basis that the titles did not represent promotions.

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

B-31 PAULETTE V. THORPE
Paulette V. Thorpe appeals the decision Human Resource Information Systems (HRIS) which removed the appellant's name from the Principal Clerk Typist (PC1024A), Mercer County Board of Social Services eligible list, due to a failure to respond to the certification notice.

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

B-32 GAIL ZEYACK
Gail Zeyack appeals the decision of Human Resource Information Services which upheld the removal of her name from the Substance Abuse Counselor 1 (S0480A) and the Habilitation Plan Coordinator (S0519B), Department of Human Services, eligible lists on the basis of her failure to respond to the Notices of Certification.

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

B-33 IRA ROCHELLE
Ira Rochelle, a Senior Buyer at the Camden County Correctional Facility, petitions the Merit System Board for relief, pursuant to N.J.S.A. 11A:2-24 and N.J.A.C. 4A:2-5.1, et seq., from alleged reprisal by his employer.

ACTION: The Merit System Board directed that this appeal be denied, but the
issues of the appellant's duties with the Camden County
Correctional Facility be referred to the Division of Human Resource
Management for a classification review.

B-34 GEORGE KHOURY
George Khoury, a Supervisor of Educational Programs 2 with the Juvenile Justice Commission, Department of Law and Public Safety, appeals the determination of the Attorney General, stating that there was sufficient evidence to support a finding that the appellant had subjected Jennifer Poeta, a Teacher 2 - 12 Months with the appointing authority, to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-35 JOHN MUSSO
John Musso, a Residential Services Worker at Vineland Developmental Center, Department of Human Services (DHS), appeals the determination of the Assistant Commissioner for Human Resources with the DHS stating that the appellant failed to present sufficient evidence to support a finding that he had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-36 DORITA PANIAGUA
Dorita Paniagua, an Institutional Trade Instructor 2 - Cooking at East Jersey State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division, with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-37 BRENDA STEPNEY
Brenda Stepney, a Senior Therapy Program Assistant, Department of Human Services (DHS), appeals the determination of the Assistant Commissioner for Human Resources, DHS, which found that the appellant failed to present sufficient evidence to support a finding of probable cause 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-38 MARY V. POWELL
Mary V. Powell, a Word Processing Specialist 2 with the Division of Developmental Disabilities, Department of Human Services, appeals the decision of the Assistant Commissioner for Human Resources denying her request for a reasonable accommodation.

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

B-39 KEVIN SCHNEIDER
The estate of Kevin Schneider, a former Senior Correction Officer at Southern State Correctional Facility, Department of Corrections, represented by Kevin P. McCann, Esq., requests that the matter of his removal, effective November 29, 1999, be returned to the Office of Administrative Law (OAL) for a hearing.

ACTION: The Merit System Board directed that this matter be returned to Office
of Administrative of Law for a hearing.

B-40 RAMON VASQUEZ, JR.
Ramon Vasquez, Jr., requests that the Merit System Board (Board) review the certification of the list for Police Officer (S9999V), Union City, based on the fact that he received and passed medical and psychological examinations.

ACTION: The Merit System Board revived the list for Police Officer (S9999V) to
allow appellant's name to be place at the head of the next certification
of the current Police Officer list for Union City.

B-41 PATRICIA A. BAKER
Patricia A. Baker 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 Clerk Typist (PS1479I), Department of Corrections.

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

B-42 MILTON C. BATTLE AND PETER M. KRILL
Milton C. Battle and Peter M. Krill appeal the determinations of the Division of Selection Services which found that they did not meet the experience requirements for the open-competitive examination for Code Enforcement Officer (M6167B), Hillside.

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

B-43 APRIL BIRD, ET AL.
April Bird, Michael Bulsiewicz and Angela McEady appeal the determination of the Division of Selection Services which found that they did not meet the experience requirements for the open competitive examination for Identification Officer (S0640B).

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

B-44 ALONDA BRADBERRY AND DENISE SMILEY-MCDONALD
Alonda Bradberry and Denise Smiley-McDonald appeal the determination of the Division of Selection Services which found that they were below the minimum requirements in experience for the promotional examination for Senior Clerk Transcriber (PS7779K), Division of Medical Assistance and Health Services.

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

B-45 EMMANUEL EWENIKE
Emmanuel Ewenike appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the open competitive examination for Paralegal Technician 2 (S0717C).

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

B-46 MARIE L. GALDIERI
Marie L. Galdieri appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Supervisor of Accounts (PM1849B), Morristown.

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

B-47 KENNETH HAWKINS
Anthony J. Fusco, Jr., Esq., on behalf of Kenneth Hawkins, appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the promotional examination for the "dual" title County Correction Officer/Institutional Trade Instructor Electrician (PC2623A), Essex County.

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

B-48 WALTER HOBSON
Walter Hobson appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the promotional examination for Assistant Head Cook (PC1713B), Morris County.

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

B-49 JOHN W. JOHNSTON
John W. Johnston appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, he did not meet the experience requirement for the promotional examination for Senior Technician, Management Information Systems (MIS) (PS2717G), Department of Environmental Protection.

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

B-50 DON KAHAWITA, ET AL.
Don Kahawita, Omar Mohamed and Ajmal Niaz appeal the determinations of the Division of Selection Services which found them to be ineligible for failure to provide evaluated foreign transcripts for the open-competitive examination for Environmental Specialist Trainee (S6468C), Statewide.

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

B-51 KEVIN MATTIS
Kevin Mattis appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the promotional examination for Field Monitor 1 (PS8873T), Division of Motor Vehicles.

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

B-52 SUSAN MCELROY AND MAXIMO NINAL, JR.
Susan McElroy and Maximo Ninal, Jr., appeal the determination of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Supervising Field Representative Housing (PS9857D), Department of Community Affairs.

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

B-53 ROSEMARIE MITCHELL
Rosemarie Mitchell appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for the open competitive examination for the dual title Deputy Registrar of Vital Statistics/Principal Clerk Typist (M6491C), Hopatcong Borough.

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

B-54 GARY J. NAROZNIAK
Gary J. Naronzniak appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the examination for Groundskeeper (C4325C), Monmouth County.

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

B-55 ROBERT J. OCHAB
Robert J. Ochab appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the open competitive examination for Truck Driver (C9374C), Bergen County.

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

B-56 PAMELA E. PARKER
Pamela E. Parker appeals the determination of the Division of Selection Services which found that she did not meet the experience requirement for the open competitive examination for Supervisor of Warehouses (S6345B).

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

B-57 JOSEPH RETO
Joseph Reto appeals his ineligibility for the open-competitive examination for Investment Analyst 2 (S6349B), Division of Investments.

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

B-58 NICOLE SEALS
Nicole Seals appeals the determination of the Division of Selection Services which found that she did not meet the educational requirements for the open-competitive examination for Test Development Specialist Trainee (S6996C).

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

B-59 EDWARD J. SNOOK
Edward J. Snook appeals the decision of the Division of Selection Services which found that, per the substitution clause for education, he has below the minimum requirements in experience for the promotional examination for Director of Public Works (PM0655B), Vernon Township.

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

B-60 MARY SPITLER
Mary Spitler 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 Clerk Typist (PS0896F), Department of Education.

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

B-61 LOUISE THIGPEN
Louise Thigpen 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 Social Work Supervisor 2 (Psychiatric) (PS3077K), Ancora Psychiatric Hospital.

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

B-62 BRUCE TREWIN
Bruce Trewin appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examination for Transport Hauler (S9127C).

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

B-63 DAWN WILLIAMS
Dawn Williams appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Classification Officer 1 (PS3407I), Riverfront State Prison.

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

B-64 ROBERT ZIMMERMAN
Robert Zimmerman appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in the experience for the promotional examination for District Office Manager 1 Youth and Family Services (PS0287K), Division of Youth and Family Services.

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

B-65 JOAN A. DALE
Joan A. Dale appeals her score and rank on the promotional examination for Cook (PS3129K), Vineland Developmental Center.

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

B-66 DAVID MAGNENAT
David Magnenat appeals his score on the promotional examination for Assistant Supervising Heavy Equipment Operator (PC0637B), Monmouth County.

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

B-67 MITCHELL ZAJAC AND MATTHEW ABBOTT
Mitchell Zajac and Matthew Abbott appeal their score on the promotional examination for Construction and Maintenance Technician 1 (PS9279T), Department of Transportation.

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

B-68 SONYA CONYERS-MASON
Sonya Conyers-Mason appeals the decision of the Division of Selection Services which found that she lacked the required amount of continuous permanent status as of the closing date for the promotional examination for Youth Worker Supervisor (PS9509K), Division of Youth and Family Services.

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

B-69 KENNETH EVANS
Kenneth Evans appeals the decision of the Division of Selection Services which found that he was not permanent in the competitive division as of the closing date for the examination for Truck Driver (PM2865A), Kearny.

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

B-70 VICTOR B. TERENIK
Victor B. Terenik, Jr. appeals the determination of the Division of Selection Services which found that he was ineligible for the promotional examination for Principal Data Processing Programmer (PM0994B), Vineland City due to his not being permanent in a title to which the examination was open.

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

B-71 ALENA BALDWIN-BROWN
The Deputy Director, Division of Selection Services, on the behalf of the Department of Environmental Protection, requests that Alena Baldwin-Brown's out-of-title work experience be accepted to qualify her for a prospective promotional examination for the title of Management Improvement Specialist 1.

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

B-72 LISA BENEVIDES
Lisa Benevides appeals the determination of the Division of Selection Services which denied her admittance to the promotional examination for Communications Operator (PS4279J), The Richard Stockton College of New Jersey.

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

B-73 ELIZABETH A. GEMINDER
The Deputy Director, Division of Selection Services, on behalf of the Township of Hillside, requests that the education requirements for Director of Personal Health Services be relaxed in order to allow Elizabeth A. Geminder, an employee of the municipality, to be deemed eligible for the promotional announcement.

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

B-74 LILIANE NESTOR
Liliane Nestor appeals the administration of the examination for Attendance Counselor, Bilingual in Spanish and English (M6806A).

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

B-75 ASSISTANT COURT ADMINISTRATOR (M6188B), CITY OF PASSAIC
The City of Passaic (appointing authority), represented by Parthenopy A. Bardis, Esq., requests reconsideration of that part of the decision rendered on September 18, 2001 by the Merit System Board (Board) ordering the appointing authority to properly dispose of the certification for Assistant Court Administrator (M6188B) and to pay a $1000 fine and $250 compliance costs.

ACTION: The Merit System Board granted request for reconsideration and
appointment waiver, the assessment of a $1000 fine and $250
administrative costs be rescinded, and the appointing authority be
assessed for the costs of the selection process in the amount of $2,048.

B-76 RICHARD A. WARREN
Thomas E. Antus, Freehold Township Administrator, on behalf of Richard A. Warren, appeals the determination of the Division of Selection Services which found that Mr. Warren did not meet the experience requirements for the promotional examination for Director of Public Works (PM7062B), Freehold Township.

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

B-77 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of January 29, 2002 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of
January 29, 2002.

VOTE: Ida L. Castro (Abstained)
  Alan Dexter Bowman (Yes)
  Josephine DiRienzo (Yes)
  Margaret E. L. Howard (Yes)
  Leo R. Vartan (Yes)

B-78 EARLY SETTLEMENTS
Carolyn Amacker
Thomas Edison State College
15-day and 30-day suspensions

Gerard Charlemagne
County of Monmouth
30-day suspension

Lawrence Fisher
Veterans Memorial Home at Paramus
Military and Veterans Affairs
Return for formerly held permanent title

Joseph Jara
County of Burlington
(2) six-day suspensions

Carol Schwartz
County of Union
Release at the end of the 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 Wednesday, February 27, 2002 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

______________________________
IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD

 
 
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