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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


A regular meeting of the Merit System Board was held on Wednesday, March 13, 2002, in Trenton, New Jersey.

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

In accordance with L.1975, c.231, Chairwoman 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 March 7, 2002, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

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):

Ellen C. Frede appointed as Confidential Assistant, Department of Education effective February 11, 2002, salary of $105,671.00 per annum.

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The following appeals were withdrawn and removed from the hearing calendar:

David Aymat, Family Service Specialist 2, Division of Youth and Family Services, Department of Human Services, return to formerly held permanent title at the end of the working test period.

Henry Crawn, Judiciary Clerk 4, Middlesex Vicinage, Department of Judiciary, removal.

Allan Robert Evans, Carpenter, Department of Public Resources, County of Hudson, removal.

David Drukaroff, Permit Clerk, Inspection Department, Township of Lakewood, suspension.

Germano Pinto, County Correction Sergeant, Department of Public Safety, County of Union, indefinite suspension.

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.

Mahmoud Al-Madboun, Judiciary Clerk 2, Hudson Vicinage, Department of Judiciary, release at the end of the working test period.

Edward Byrd, Custodial Worker, Newark School District, suspension.

German Pasada, Automotive Mechanic, Department of Transportation, release at the end of the working test period.

Wilfred Pinero, Laundry Worker, County of Passaic, suspension.

Michael Williams, Institutional Attendant, County of Atlantic, removal.

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Henry R. Cioffi
City of Long Branch
Eligible list bypass dispute

In the Matter of Ralph Feliciano
North Jersey Developmental Center
Department of Human Services
Removal

In the Matter of Barry Hunt
County of Burlington
Department of Buildings and Grounds
Resignation not in good standing

In the Matter of James Koed
Township of Little Egg Harbor
Police Department
Removal

In the Matter of Kenneth Kosmoski
Parole and Community Program
Department of Corrections
Removal

In the Matter of John A. Odefemi
Greystone Park Psychiatric Hospital
Department of Human Services
Removals

In the Matter of Darryl Richardson
Township of Aberdeen
Department of Public Safety
Suspensions (3) and Removal

In the Matter of Wilfredo Ruiz
City of Newark
Police Department
Removal

In the Matter of Edward Shortman
Garden State Reception and Youth Correctional Facility
Department of Corrections
Removal

In the Matter of Patricia West
Greystone Park Psychiatric Hospital
Department of Human Services
Return to formerly held permanent title at the end of the working test
period

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

ACTION: The Merit System Board acknowledged the settlements with the exception of
Henry R. Cioffi, which was held over.

A-2 COLEY BARBEE
Coley Barbee, Police Officer, City of Camden, Police Department, fine equal to 26 days' pay on charges of violation of various Police Department rules and regulations.

Recommendation of the Administrative Law Judge - Modify the fine equal to 26 days' pay to a fine equal to 15 days' pay.

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

A-3 CAMILLE BILELLO
Camille Bilello, Senior Cook, Brick Township School District, return to formerly held title at the end of the working test period.

Recommendation of the Administrative Law Judge - Reverse the failure of the working test period and grant permanent status in the title of Senior Cook.

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

A-4 JESSIE BROWN (CONSOLIDATION)

Jessie Brown, Data Entry Machine Operator, City of East Orange, Municipal Court, 30-day suspension on charges of chronic or excessive absenteeism and lateness and failure to comply with certain provisions of a signed agreement; and removal effective December 13, 1999, on charges of, inter alia, incompetency, inefficiency or failure to perform duties, insubordination, chronic and excessive absenteeism and neglect of duty.

Recommendation of the Administrative Law Judge - Uphold the 30-day suspension and removal.

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

A-5 DANIEL CHERNAVSKY
Daniel Chernavsky, Police Officer, Township of Holmdel, Police Department, 15-day suspension on charges of incompetency, inefficiency or failure to perform duties and violation of various Police Departmental rules and regulations regarding domestic violence procedures.

Recommendation of the Administrative Law Judge - Modify the 15-day suspension to a ten-day suspension.

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

A-6 WILLIAM GAWRON
William Gawron, Borough of Sayreville, appeals his bypass on the eligible list for Police Chief Borough of Sayreville.

Recommendation of the Administrative Law Judge - Uphold the eligible list bypass.

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

A-7 VICTOR JENKINS
Victor Jenkins, Senior Community Service Worker, Atlantic City Housing Authority release at the end of the working test period effective January 2, 2001.

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

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

A-8 MICHAEL LINCOLN
Michael Lincoln, Correction Sergeant, New Jersey State Prison, Department of Corrections, ten-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 - Modify the ten-day suspension to a five-day suspension.

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

A-9 KATHLEEN R. MCCABE
Kathleen R. McCabe, Clerk Typist, Bergen County Board of Social Services, six-day suspension on the charge of insubordination.

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

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

A-10 KAFI PATTERSON
Kafi Patterson, Substance Abuse Counselor 1, Juvenile Justice Commission, release at the end of the working test period effective January 17, 2001.

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

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

A-11 DELORES PHILLIPS (CONSOLIDATION)
Dolores Phillips, Senior Parole Officer, Division of Parole and Community Programs, Department of Corrections, ten-day suspension, and removal effective May 18, 1998, on the charge of neglect of duty, a 20-day suspension on the charge of insubordination, and a resignation not in good standing effective May 18, 1998, on the charge of absent from duty for five or more consecutive days without approval. Ms. Phillips also appeals the denial of an extended medical leave of absence.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-12 LEONA THOMPSON
Leona Thompson, Clerk Typist, County of Essex, Department of Citizen Services, 30-day suspension and resignation not in good standing effective May 26, 1999, on charges of insubordination, chronic and excessive absenteeism, conduct unbecoming an employee in the public service and absent five or more consecutive days without approval.

Recommendation of the Administrative Law Judge - Dismiss the appeal with prejudice.

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

A-13 NICOLE FITCHETT
Nicole Fitchett, Senior Correction Officer, New Jersey State Prison, Department of Corrections, removal effective November 8, 1996, on charges of chronic or excessive absenteeism and unsatisfactory attendance and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-14 ROBERT LEE
Robert Lee, Juvenile Detention Officer, County of Essex, Department of Citizen Services, removal effective September 12, 1995, on charges of chronic and excessive absenteeism and tardiness, and inability to perform duties.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-15 CHARLES REID-BEY
Charles Reid-Bey, Senior Correction Officer, Riverfront State Prison, Department of Corrections, removal effective January 24, 2001, on charges of conviction of a crime, conduct unbecoming a public employee and intentionally making a misstatement of material fact.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-16 KATHERINE BERGMANN
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. This matter was held over from the Merit System Board meeting of February 13, 2002.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-17 GEORGE A. LOPEZ - PARTIAL SUMMARY JUDGMENT

George A. Lopez, County Correction Captain, County of Cumberland, Department of Corrections, removal effective October 8, 1996, on various administrative charges.

Recommendation of the Administrative Law Judge - Grant partial summary judgment and if Lopez is successful in the hearing as to the departmental charges, depending on the decision, he will be entitled to back pay for a period not to exceed 1046 days (October 8, 1986 to December 3, 1987 - 422 days and October 24, 1997 to July 9, 1999 - 624 days).

ACTION: The Merit System Board returned the matter to the Administrative Law
Judge and indicated that this matter will be reviewed at the end of the
contested case.

SECTION B - MISCELLANEOUS MATTERS
B-1 TYWAN DIGGS
Tywan Diggs appeals the removal of his name from the (S9999A) County of Essex eligible list for the title of Juvenile Detention Officer on the basis of psychological unfitness.

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

B-2 KA-NISHA FERGUSON
Ka-Nisha Ferguson appeals the request by the New Jersey Department of Corrections to remove her name from the Correction Officer Recruit (S9999B) eligible list for medical unfitness to effectively perform the duties of the position.

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

B-3 WALTER RITTGER, JR.
Walter Rittger, Jr. appeals the removal of his name from the (S9999A) Essex County eligible list for the title of Sheriff's Officer on the basis of psychological unfitness.

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

B-4 GWENDOLYN TERRELL
Gwendolyn Terrell appeals the removal of her name from the (S9999A), County of Essex eligible list for the title of Juvenile Detention Officer on the basis of psychological unfitness.

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

B-5 EVA CARACCIOLO
Eva Caracciolo, a Senior Food Service Handler with Ancora 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-6 ORVILLA GLOVER
Orvilla Glover, a Senior Correction Officer with the Adult Diagnostic and Treatment Center, 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-7 CORDELIA HILL
Cordelia Hill, a Cottage Training Supervisor with 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 denied.

B-8 ALEATAE KITCHEN
Aleatae Kitchen, a Human Services Assistant with Ancora 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-9 LUISITO LAZARO
Luisito Lazaro, a Senior Correction Officer East Jersey State Prison with the 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-10 DAVID Y. MILLER
David Y. Miller, a Senior Correction Officer with the Garden State Reception and Youth Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-11 MICHAEL NOWICKI
Michael Nowicki, an Electrical Mechanic with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.

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

B-12 KEITH SCHUCHARDT
Keith Schuchardt, and Equipment Operator with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.

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

B-13 GLORIA SCHWAGER
Gloria Schwager, a Senior Correction Officer at Northern State Prison, Department of Corrections, represented by Mark D. Kurdyla, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-14 VERONICA M. DAVIS
Veronica M. Davis appeals the decision of Selection Services which found that the Department of Corrections (DOC) had presented a sufficient basis to remove her name from the Correction Officer Recruit (S9999A) eligible list, due to an unsatisfactory criminal record.

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

B-15 KEVIN KRAUSE
Pennsauken Township (Township) appeals the decision of Human Resource Information Services (HRIS) which restored Kevin Krause's name to the Emergency Medical Technician (M9397A), eligible list, for future certifications.

ACTION: The Merit System Board directed that this appeal be granted, and the
appellant's name be removed from the Emergency Medical Technician
(M9397A), eligible list.

B-16 JAMES MOORE
James Moore, represented by Joseph A. Carmen, Esq., appeals the decision of Human Resource Information Systems (HRIS) which upheld the bypass of his name on the Supervising Public Safety Telecommunicator (PC1794W), Camden County eligible list.

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

B-17 DORIS L. RIVERS
Doris L. Rivers appeals the decision of Selection Services which upheld the removal of her name from the County Correction Officer (S9999A), Hudson County, eligible list on the basis that she lacked the required education.

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

B-18 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 appeal be denied.

B-19 BART VALLARO
Bart Vallaro, a Police Officer with the City of Paterson, represented by Gregory T. Keller, Esq., petitions the Merit System Board for a stay of his indefinite suspension.

ACTION: The Merit System Board denied the request for interim relief and appeal
of petitioner's indefinite suspension.

B-20 SUSAN CHERMAK
Susan Chermak, a Contract Administrator 1 with the Division of Family Development, Department of Human Services, represented by Steven P. Weissman, Esq., appeals the determination of the Assistant Commissioner for Human Resources, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to a violation of the departmental policy prohibiting discrimination.

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

B-21 RANDY NEEFF
Randy Neeff, a Planning Associate with the Department of Education (DOE), appeals the determination of the Commissioner of the DOE, 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, Harassment or Hostile Environments in the Workplace.

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

B-22 GERARD SCHENCK
Gerard Schenck, a Correction Sergeant at East Jersey State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division, with the DOC, which found that he failed to present sufficient evidence to support a finding that he had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-23 JOHN B. TAYLOR
John B. Taylor, a former Senior Correction Officer at the Garden State Reception and Youth Correctional Facility, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division (EED), with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that he had been subjected to a violation of the new Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-24 CHARLES ANDERSON
Charles Anderson, represented by Yale L. Greenspoon, Esq., petitions the Merit System Board for reconsideration of its decision rendered March 27, 2001, upholding the non-selection of his name from the eligible list for Carpenter (C1399T), County of Essex, because he did not possess a valid driver's license.

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

B-25 DAVID CUCCOLO
David Cuccolo, a Police Officer with the City of Newark, represented by Nestor Guzman, Jr., Esq., petitions the Merit System Board for reconsideration of the final administrative decision, rendered July 10, 2001, which upheld his removal effective November 12, 1998, on charges of violating various Police Department rules.

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

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

B-26 GEORGE POLLOCK
Atlantic County, represented by William P. Busch, Jr., Assistant County Counsel, requests reconsideration of the final decision of the Merit System Board, rendered November 8, 2001, which modified the removal of George Pollock to a 30-day suspension.

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

B-27 DANIEL FORLENZO
The Department of Corrections petitions the Merit System Board for reconsideration of the final decision, rendered on December 4, 2001, which reversed the six-month suspension of Daniel Forlenzo.

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

B-28 BARRY RODENBOUGH
The Department of Corrections petitions the Merit System Board for reconsideration of the final administrative decision, rendered December 18, 2001, reversing the 10-day suspension of Barry Rodenbough, a Correction Lieutenant.

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

B-29 MARCELINO ARCE
Marcelino Arce, a Storekeeper 2 with the Department of Corrections, represented by Dennis A. Cipriano, Esq., seeks enforcement of that part of the Merit System Board decision rendered on August 8, 2000, granting him back pay. Appellant also requests counsel fees.

ACTION: The Merit System Board granted the appellant $36,819.50 in back pay, but
denied the request for counsel fees.

B-30 LIZSANDRA MARRERO
The Camden County Board of Social Services, represented by Mary E. Dugdale, Chief Counsel, and Lizsandra Marrero, represented by Richard Press, Esq., petition the Merit System Board (Board) for acknowledgement of the settlement reached between the parties in United States District Court, Civil Action No. 1-00-CV-03233.

ACTION: The Merit System Board acknowledged the settlement as clarified.

B-31 SHERAN BUFFALOE
The appeal of Sheran Buffaloe, a Supervisor of Nursing Services with Arthur Brisbane Child Treatment Center, Department of Human Services (DHS), of her removal effective April 19, 2000, was heard by Administrative Law Judge Steven C. Reback (ALJ), who rendered his initial decision on January 14, 2002. At its meeting on February 27, 2002, the Merit System Board (Board) adopted the ALJ's recommendation to uphold the removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-32 RONALD CARTON, JR.
The appeal of Ronald Carton, Jr., a Senior Correction Officer at Garden State Youth Correctional Facility, Department of Corrections, of his removal, effective May 4, 2000, on charges, was heard by Administrative Law Judge M. Kathleen Duncan (ALJ), who rendered her initial decision on October 25, 2001. At its meeting on February 27, 2002, the Merit System Board adopted the ALJ's recommendation to uphold the removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-33 ANTHONY DILLARD
The appeal of Anthony Dillard, a Senior Correction Officer with South Woods State Prison, Department of Corrections, of his removal effective May 24, 1999 on charges, was considered by Administrative Law Judge Joseph F. Martone (ALJ), who rendered his initial decision on December 5, 2001. At its meeting on February 27, 2002, the Merit System Board (Board) adopted the ALJ's recommendation to uphold the removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-34 CATHERINE CERWINSKI

The appeal of Catherine Cerwinski, a Senior Clark Typist with the City of Jersey City, of her removal effective October 30, 1998 on charges, was heard by Administrative Law Judge Edith Klinger (ALJ), who rendered her initial decision on January 22, 2002. At its meeting on March 13, 2002, the Merit System Board adopted the ALJ's recommendation to uphold the removal, but did not adopt the recommendation to impose an additional three-month suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-35 OZZIE A. INGRAM, III
The appeal of Ozzie A. Ingram, III, a Youth Worker with Mercer County, of his removal on charges, was heard by Administrative Law Judge Robert W. Scott (ALJ), who rendered his initial decision on February 6, 2002. At its meeting on March 13, 2002, the Merit System Board (Board), adopted the ALJ's recommendation to uphold the removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-36 GERMAN NARANJO
German Naranjo appeals the request of the Department of Corrections to remove his name from the eligible list for Correction Officer Recruit (S9999V) based on an unsatisfactory employment history which relates adversely to the position sought. This matter was considered by Administrative Law Judge Joseph Lavery (ALJ) who rendered his initial decision on December 11, 2001, upholding the removal of Naranjo's name from the eligible list. Rather, the Board restored Naranjo's name to the eligible list. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-37 CALVIN PARKMAN
The appeal of Calvin Parkman, a Police Officer with the City of Newark, of a 30-day suspension beginning November 16, 1998, was heard by Administrative Law Judge Irene Jones (ALJ), who rendered her initial decision on September 26, 2001. At its meeting on February 27, 2002, the Merit System Board (Board) did not adopt the ALJ's recommendation to modify the 30-day suspension to a 15-day suspension. Rather, the Board reversed the suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-38 DWAYNE BREEDEN AND JOSEPH MACONES
Dwayne Breeden and Joseph Macones appeal the decision of the Division of Selection Services, which found that they did not meet the experience requirement for the open competitive examination for Inspector, Fire Safety (S2000A).

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

B-39 ROSALIE CASTELLANO
Rosalie Castellano 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 the Human Services Specialist 1 (PC1893B), Camden County Board of Social Services.

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

B-40 RITA A. COMERFORD, ET AL.
Rita A Comerford, Pamela Z. Gendlek and Joan C. Masterson appeal the determinations of the Division of Selection Services, which found that, per the substitution clause for education, they did not meet the experience requirements for the promotional examination for Program Manger, Health Facilities (PS3942H), Department of Health and Senior Services.

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

B-41 JOE DEVLIN, ET AL.
Joe Devlin and Louis Gentilello appeal the determination of the Division of Selection Services which found that, per the substitution clause for education, they were below minimum requirements in experience for the promotional examination for Administrative Analyst 1 (PS2837T), Department of Transportation. Thomas Pulcrano 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 Administrative Analyst 1 (PS2837T), Department of Transportation.

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

B-42 MARY ANN DREIKORN
Mary Ann Dreikorn appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Assistant Administrative Analyst (PC2289A), Ocean County.

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

B-43 EDWARD DYKER, ET AL.
Edward Dyker, David Behrens, Pete Miller and Wesley Young appeal their ineligibility for the promotional examination for County Correction Lieutenant/Training Officer (PC2577B), Bergen County.

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

B-44 DAVID EDWARDS

David Edwards appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Supervising Contract Administrator (PS4083K), Division of Youth and Family Services.

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

B-45 JOSEPH FECAK
Joseph Fecak appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the open competitive examination for Field Representative, Wage and Hour Compliance (S0711C).

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

B-46 SHIRLEY FLAKE
Shirley Flake 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 Income Maintenance Technician (PS4866K), Division of Medical Assistance and Health Services.

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

B-47 JOSEPH FOTI
Joseph Foti appeals the decision of the Division of Selection Services, which found that he was ineligible for the promotional examination for County Police Sergeant (PC2508C), Essex County.

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

B-48 JAMES L. FREY, JR. AND DEBORAH E. KROLL
James L. Frey, Jr. and Deborah E. Kroll appeal the determination of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Administrative Analyst 1 (PS4035K), Greystone Park Psychiatric Hospital.

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

B-49 KENNETH GABURO AND CHRISTINE PESSOLANO
Kenneth Gaburo and Christine Pessolano appeal the determination of the Division of Selection Services which found that they were below the minimum requirements in education and experience for the promotional examination for Planner/Scheduler Computer Maintenance Management Program (PS8258I), South Woods State Prison.

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

B-50 MARK E. HIGHTOWER
Mark E. Hightower 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 Narcotics Clinic Aide (C6785A), Burlington County.

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

B-51 TARA JOHNSON AND MICHELLE BUINNO
Tara Johnson and Michelle Buinno appeal the determinations of the Division of Selection Services that they did not meet the requirements for the promotional examination for Job Match Specialist 2 (PS0709N), Department of Labor.

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

B-52 KENNETH KLEIN
Kenneth Klein appeals the determination of the Division of Selection Services, which found that he did not meet the education requirements for the open competitive examination for Coordinator of Long Term and Alternative Care for the Elderly (C6909B), Morris County.

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

B-53 JOHN KOSZTYU
John Kosztyu 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 Deputy County Emergency Management Coordinator (C6028B), Burlington County.

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

B-54 FRANK LOPEZ, JR.
Frank Lopez, Jr. appeals the determination of the Division of Selection Services which found him ineligible for the promotional examination for Police Sergeant (PM2520C), Hammonton.

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

B-55 BRIAN MARTIN
Brian Martin 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 Program Development Specialist 1 (PS5910K), Division of Developmental Disabilities.

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

B-56 REGINA MARTINI
Regina Martini 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 Assistant Program Analyst (PC1488B), Bergen County.

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

B-57 JEFFREY MATHESON
Jeffrey Matheson 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 Deputy County Emergency Management Coordinator (C6028B), Burlington County.

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

B-58 FILIBERTO MOLINERO, NITIN DANIELS AND PATRICK BENZALESKI
Filiberto Molinero, represented by Kevin Kiernan, Esq., Nitin Daniels and Patrick Benzaleski appeal their ineligibility for the promotional examination for Police Captain (PM3561C), Town of West New York.

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

B-59 AMY MUSMANNO

Amy Musmanno 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 Classification Officer 3 (PS2559I), Department of Corrections.

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

B-60 MICHAEL J. RYAN
Michael J. Ryan appeals the determination of the Division of Selection Services which found that he did not meet the announced requirements for the promotional examination for Property Management Services Specialist 4 (PS1700U), Department of the Treasury.

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

B-61 JEREMY SCHAFFER
Jeremy Schaffer appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the Building Management Services Specialist 3 (S6360B) open competitive examination.

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

B-62 ANDREA SEABRIDGE
Andrea Seabridge appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Administrative Supervisor 1, Transportation (PS3511T), Department of Transportation.

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

B-63 ALLISON STAPLETON
Allison Stapleton appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Labor Relations Specialist (PC0333B), Morris County.

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

B-64 KATHLEEN A. TASCIONE-GRAY
Kathleen A. Tascione-Gray appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, she did not meet the experience requirement for the promotional examination for Principal Technician, Management Information Systems (MIS) (PS0565K), Division of Family Development.

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

B-65 BERNADETTE VANYO-THAMES
Bernadette Vanyo-Thames appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Program Development Specialist 2 (Medical Assistance and Health Services) (PS0547K), Department of Human Services.

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

B-66 THOMAS WALKUP
Thomas Walkup appeals the determination of Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Supervisor Recycling Operations (PM1676B) City of Millville.

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

B-67 MILTON WASHINGTON
Milton Washington appeals the determination of the Division of Selection Services which found that, per the substitution clause, he was below the minimum requirements in experience for the promotional examination for Chief Bureau of Inspection and Enforcement (PS9193D), Department of Community Affairs.

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

B-68 DONNA WILLIAMS
Donna Williams appeals the determination of the Division of Selection Services which found that, per the substitution clause, she was below the minimum requirements in experience for the promotional examination for Management Assistant (PS4835H), Department of Health and Senior Services.

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

B-69 NAOMI WOOLEVER
Naomi Woolever 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 Program Development Specialist 1 (PS9510K), Division of Developmental Disabilities.

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

B-70 JAMES ZAPICCHI
James Zapicchi 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 Administrative Analyst 1 (PS2302K), Department of Human Services.

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

B-71 CAROL BROZOSKY
Carol Brozosky appeals her score on the promotional examination for Secretarial Assistant 3 (Non-Stenographic) (PS2425T), Department of Transportation.

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

B-72 ALBERT DECOSTA
Albert Decosta appeals his score on the promotional examination of Supervisor of Bakery Operations (PS9283I), Bayside State Prison.

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

B-73 ELLEN GRASSMAN
Ellen Grassman appeals the determination of the Division of Selection Services, concerning her score rank on the promotional list for Field Services Supervisor 1 (Family Development) (PS7774K), Division of Family Development.

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

B-74 SHIRLEY PRATHER
Shirley Prather appeals her score on the promotional examination for Principal Laboratory Technician (Chemistry) (PS9889H), Department of Health and Senior Services.

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

B-75 MINNIE WRIGHT
Minnie Wright appeals her score on the promotional examination for Principal Laboratory Technician (Chemistry) (9S9889H), Department of Health and Senior Services.

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

B-76 FRANCISCO SALTAR
Francisco Saltar appeals his score for the examination for the first level Fire Captain (PM3638A), Vineland City.

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

B-77 ROBERT SCARPA
Robert Scarpa appeals his score for the examination for the first level Fire Captain (PM3638A), Vineland City.

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

B-78 LUIGI TRAMONTANA, JR.
Luigi Tramontana Jr. appeals his score for the examination for the first level Fire Captain (PM3638A), Vineland City.

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

B-79 RONALD D. JONES
Ronald D. Jones appeals his score for the examination for the first level Fire Lieutenant (PM2570A), Passaic.

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

B-80 RAMZE RAMADAN
Ramze Ramadan appeals his score for the examination for the first level Fire Lieutenant (PM2570A), Passaic.

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

B-81 CHRISTOPHER ANZELONE
Christopher Anzelone appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-82 SALVATORE BARRACO
Salvatore Barraco appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-83 SANTO BARRACO
Santo Barraco appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-84 JAMES BERGHOEFER
James Berghoefer appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-85 FRANK BIALAS
Frank Bialas appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-86 BRIAN BURKE
Brian Burke appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-87 DAVID CAMDEN
David Camden appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-88 ARTHUR CAPONE
Arthur Capone appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-89 WAYNE FISCHBACH
Wayne Fischbach appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-90 SCOTT INDERWIES
Scott Inderwies appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-91 ALFREDO IRIZARRY
Alfredo Irizarry appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-92 JAMES KUHN
James Kuhn appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-93 TIMOTHY LAVIN
Timothy Lavin appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-94 WILLIAM LAVIN
William Lavin appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-95 MICHAEL MATEIRO
Michael Mateiro appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-96 FRANK NOCERA
Frank Nocera appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-97 STEVE O'GORMAN
Steve O'Gorman appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-98 MICHAEL RAPP
Michael Rapp appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-99 DARRYL ROBINSON
Darryl Robinson appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-100 RONALD ROMAN
Ronald Roman appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-101 STEPHEN ROOKE
Stephen Rooke appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-102 GARY STEPHENS
Gary Stephens appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-103 JOSE TORRES

Jose Torres, represented by Randolph Brause, Esq., appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-104 THOMAS YOUNG
Thomas Young appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-105 RUSSELL ZADLOCK
Russell Zadlock appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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

B-106 KIMBERLEE L. ABATE, ET AL.
Kimberlee L. Abate, David F. Byard, Denise A. Curran, Catherine B. Cusumano, Robert M. Darrah, Ann L. Drummond, Catherine M. Foy, Patricia L. Hoffman, Donnamarie P. Jones, Thomas Kenna, Andrea R. Lynch, Michael E. Marlette, Cathy R. Morgan, and Lester F. Riley appeal the administration and test content of the promotional examination for Senior and Public Safety Telecommunicator State Police (PS3573P), Department of Law and Public Safety. Appellants Abate, Curran, Foy, Hoffman and Marlette also appeal the scoring of the examination.

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

B-107 ANTHONY ALFANO
Anthony Alfano appeals, the title scope for the promotional examination for Fire Official, UFD (PM4008C), City of Elizabeth.

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

B-108 ASSISTANT REGIONAL ADMINISTRATOR

Virginia A. Wolf, Senior Representative, CWA Local 1034, appeals the title scope for the promotional examination for Assistant Regional Administrator (PS3525K), Human Services.

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

B-109 PAUL AURIGEMMA
Paul Aurigemma appeals the administration and content of the supervisory portion, and his ineligibility for the technical knowledge portion, of the Auditor 1 (PS6859N), Department of Labor promotional examination.

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

B-110 SANDRA BURKE
Mark Watson, Staff Representative, Communications Workers of America, Local 1034, on behalf of Sandra Burke, appeals the administration of the make up examination for the promotional examination for Senior Unemployment Insurance Clerk (PS3838N), Department of Labor.

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

B-111 KAREN CARUSO
The Deputy Director, Division of Selection Services, on behalf of the Brick Township Board of Education, requests that Karen Caruso's out-of-title work experience be accepted to qualify her for a prospective promotional examination for the title of Principal Library Assistant, Typing.

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

B-112 MATILDA ENDRESS ORDER OF CONSOLIDATION
Administrative Law Judge (ALJ) Kathryn A. Clark issued an Order of Consolidation in the above-captioned matters. In that order, the ALJ determined that the matters be consolidated. Based on the ALJ's Order, the Board and the Public Employment Relations Commission (PERC) developed a joint order modifying the ALJ's Order. The proposed order is submitted for Board's review.

ACTION: The Merit System Board adopted the joint order.

B-113 BRETT BLAKE
Brett Blake appeals his score on the examination for Fire Lieutenant (PM2632A), Clifton.

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

B-114 CHRISTOPHER BOTTA
Christopher Botta appeals his score on the examination for Fire Lieutenant (PM2632A), Clifton.

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

B-115 DOMINICK GALLO
Dominick Gallo appeals his score on the examination for Fire Lieutenant (PM2632A), Clifton.

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

B-116 BRIAN MULLIGAN
Brian Mulligan appeals his score on the examination for Fire Lieutenant (PM2632A), Clifton.

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

B-117 MICHAEL ROWAN
Michael Rowan appeals his score on the examination for Fire Lieutenant (PM2632A), Clifton.

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

B-118DANIEL STOLL
Daniel Stoll appeals his score on the examination for Fire Lieutenant (PM2632A), Clifton.

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

B-119 VINCENT UCCI
Vincent Ucci, a Police Sergeant with the City of Newark, requests a retroactive date of appointment.

ACTION: The Merit System Board granted the request for retroactive date of
appointment.

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

B-120 ANTHONY ALFANO
Anthony Alfano appeals his score for the examination for the first level Fire Captain (PM3587A), City of Elizabeth.

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


B-121 TECHNICAL PROGRAM ASSISTANT (PS7066C), DEPARTMENT OF PERSONNEL
The Department of Personnel appointing authority requests that the subject list be revived and extended for one year beyond its original expiration date.

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

B-122 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of March 13, 2002 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of
March 13, 2002.

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

B-123 EARLY SETTLEMENTS
Kenneth Moore
City of Passaic
Department of Public Works
45-day working suspension and demotion

Thomas Mucha
College of New Jersey
30-day suspension

Robert Ogonofski, Sr.
Department of Treasury
ten-day suspension

Ronald Savidge
Ancora Psychiatric Hospital
Department of Human Services

Ferdinand D. Zaldivar
Superior Court of NJ Judiciary
Release at the end of working test period

ACTION: The Merit System Board acknowledged the settlements.

B-124 HUMAN RESOURCE CONSULTANT 3 (PS6927C) AND HUMAN RESOURCE CONSULTANT 2 (PS6928C), DEPARTMENT OF PERSONNEL
The Department of Personnel appointing authority requests that the Human
Resource Consultant 3 (PS6927C) and Human Resource Consultant 2 (PS6928C) lists
be extended for one year beyond their original expiration dates.

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

B-125 RESOLUTION FOR BOARD MEMBER LEO R. VARTAN
A resolution for Board Member Leo R. Vartan is submitted for adoption.

ACTION: The Merit System Board adopted the resolution.

There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, April 10, 2002 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

______________________________
IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD

 
 
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