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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, April 10, 2002, in Trenton, New Jersey.

PRESENT: Chairwoman Ida L. Castro, Merit System Board Members, Alan Dexter Bowman, Josephine DiRienzo, and Margaret E. L. Howard; 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 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):

Atiqua Z. Robinson appointed as Confidential Secretary, Department of Human Services, effective March 9, 2002, salary of $52, 635.00 per annum.

Douglas R. Dennis appointed as Confidential Secretary, Department of the Treasury, effective March 11, 2002, salary of $73,000.00 per annum.

Jeanne Herb appointed as Confidential Secretary, Department of Environmental Protection, effective March 23, 2002, salary of $105,000.00 per annum.

Lisa Eisenbud appointed as Confidential Assistant, Department of Human Services, effective March 19, 2002, salary of $50,999.52 per annum.

Freida J. Phillips appointed as Confidential Assistant, Department of Human Services, effective March 9, 2002, salary of $93,000.00 per annum.

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Richard Selecky
East Jersey State Prison
Department of Corrections
Removal

In the Matter of Ann Thatcher
Edna Mahan Correctional Facility
Department of Corrections
Suspension

In the Matter of Louis J. Williamson
City of Trenton
Eligible list bypass

RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements.

A-2 NATHANIEL ADDISON
Nathaniel Addison, Juvenile Detention Officer, County of Hudson, Department of Corrections, 60-day suspension on charges of conduct unbecoming a public employee, and discrimination that effects equal employment opportunity, including sexual harassment.

Recommendation of the Administrative Law Judge - Uphold the 60-day suspension.

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

A-3 KAMLESH M. DAVE AND MIRA DUTTA, ET AL (CONSOLIDATION)
Kamlesh M. Dave and Mira Dutta, et al., Camden County Municipal Utilities Authority, good faith appeals of layoff or demotion in lieu of layoff effective November 19, 1999, for reasons of economy and efficiency.

Recommendation of the Administrative Law Judge - Uphold the layoffs or demotions in lieu of layoff.

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

A-4 DERRIK L. JAMES, SR.
Derrik L. James, Sr., County Correction Officer, County of Hudson, Department of Corrections, five-day suspension and a $500 fine on charges of incompetency, insubordination, conduct unbecoming a public employee, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge - Modify the five-day suspension and a $500 fine to a five-day suspension.

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

A-5 MICHAEL VOLK (REMAND)
Michael Volk, Assistant District Parole Supervisor, Parole and Community Programs, Department of Corrections, 30-day suspension on the charge of committing a serious mistake due to carelessness, but not resulting in danger to persons or property.

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

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

A-6 MICHAEL BURCHFIELD
Michael Burchfield, Senior Correction Officer, Bayside State Prison, Department of Corrections, removal effective May 25, 2000, on charges of conduct unbecoming a public employee, and use, possession or sale of any controlled dangerous substance.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-7 JANET COOKE (REMAND)
Janet Cooke, Fire Alarm Operator, City of East Orange, Fire Department, removal effective November 12, 1996, on charges of violation of the chain of command and filing a fraudulent claim of injury.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-8 WILLIAM EVANS
William Evans, Correction Sergeant, Edna Mahan Correctional Facility for Women, Department of Corrections, removal effective July 1, 1999, on charges of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Dismiss the appeal for failure to prosecute.

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

A-9 ELENA MCALLISTER, BARBARA CATLETT, AND JANET COOK FLANAGAN
Elena McAllister and Barbara Catlett, Head Nurses, at Southern State Correctional Facility, Department of Corrections, resignations not in good standing effective October 15, 1994 and October 20, 1994 respectively, on the charge of being absent from duty for five or more consecutive business days without approval. Additionally both appellants also appeal denial of sick leave injury benefits. Janet Cook Flanagan, Pharmacy Assistant, Southern State Correctional Facility, Department of Corrections, resignation not in good standing effective October 17, 1994, on the charge of being absent from duty for five or more consecutive business days without approval. This matter has previously submitted to the Board at its meeting of February 27, 2002, but was held for further review.

Recommendation of the Administrative Law Judge - Uphold the resignations not in good standing. And uphold the denial of sick leave injury benefits.

ACTION: The Merit System Board reversed the recommendation of the Administrative Law Judge to reinstate appellants and grant sick leave injury (SLI) benefits to Elena McAllister and Barbara Catlett.

A-10 PEARLIE KINCHEN
Pearlie Kinchen, Human Services Assistant, Vineland Developmental Center, Department of Human Services, removal effective February 3, 2000, on the charge of physical abuse of a client. This matter was previously submitted to the Board at its meeting of February 27, 2002, but was held over for further review.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a 90-day suspension on the modified charge of inappropriate contact.

SECTION B - MISCELLANEOUS MATTERS
B-1 MICHAEL A. BROWN
Michael A. Brown appeals the request by Burlington County to remove his name from the County Correction Officer (S9999B) eligible list for medical unfitness to effectively perform the duties of the position.

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

B-2 DERRICK D. RICHARDSON
Derrick D. Richardson, represented by Kevin McCann, Esq., requests reconsideration of the Merit System Board decision, rendered July 10, 2001, which removed his name from the Correction Officer Recruit (S9999A) eligible list due to medical unfitness to effectively perform the duties of the position.

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

B-3 WAYNE S. BRIGGS
Wayne S. Briggs, a Principal Investigator, Insurance Fraud Prevention with the Division of Criminal Justice, Department of Law and Public Safety, appeals the denial of sick leave injury (SLI) benefits.

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

B-4 LORRAINE BURRELL
Lorraine Burrell, a former Principal Clerk Transcriber with the State Parole Board, appeals the denial of sick leave injury (SLI) benefits.

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

B-5 ROBERT CARR
Robert Carr, a Senior Correction Officer at 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-6 LEON COOPER
Leon Cooper, a Senior Correction Officer at Garden State 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 denied.

B-7 MANUEL JOSE DECASTRO
Manuel Jose DeCastro, a Senior Correction Officer at East 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 denied.

B-8 CORA DIXON
Cora Dixon, a Human Services Technician with the New Jersey Veterans Memorial Home, Menlo Park, Department of Military and Veterans Affairs, represented by Melvin C. Randell, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-9 DAWN GRANT
Dawn Grant, a Senior Correction Officer with Northern State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-10 TERRY HART
Terry Hart, an Instructor Counselor with Woodbine Developmental Center (WDC), Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-11 RONNIE LANGSTON
Ronnie Langston, a former Senior Correction Officer at Albert C. Wagner 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 denied.

B-12 LAVINIA MANGANELLI
Lavinia Manganelli, a Chief, Administrative Support Services with the Department of Law and Public Safety, appeals the denial of sick leave injury (SLI) benefits.

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

B-13 JACQUELINE NETTLES
Jacqueline Nettles, a Program Development Specialist 1 with the Department of Community Affairs, appeals the denial of sick leave injury (SLI) benefits.

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

B-14 THOMAS O'KEEFE
Thomas O'Keefe, a Senior Correction Officer, with East Jersey State Prison, Department of Corrections, represented by Mark Kurdyla, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-15 SHAWN OLIVER
Shawn Oliver, a Human Services Technician at Trenton Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-16 DENA PIERCY
Dena Piercy, a Family Services Specialist 1 with the Division of Youth and Family Services, Department of Human Services, represented by Josesph Fava, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-17 FREDERICK SEAMAN
Frederick Seaman, an Engineering Technician 2 with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.

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

B-18 TERRY B. THOMPSON
Terry B. Thompson, a Senior Building Maintenance Worker with New Lisbon 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-19 MICKEY CARNELL HAYES
Mickey Carnell Hayes appeals the decision of Human Resource Information Services (HRIS) which found that the appointing authority had presented a sufficient basis to remove his name from the special reemployment list for Laborer, Winslow Township, on the basis of his failure to respond to the certification notice.

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

B-20 ANTHONY CIARLO
Anthony Ciarlo, a Supervisor 1, Division of Motor Vehicles (DMV), Department of Transportation, appeals the decision of Human Resource Information Services (HRIS) which upheld the removal of the appellant's name from the Coordinator, Division of Motor Vehicles (PS2838T) eligible list for the locations of Trenton and Mercer County, on the basis of his failure to indicate an interest in appointment.

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

B-21 JO ANN CLARKE
Jo Ann Clarke, a Management and Operations Analyst 1, with the Division of Motor Vehicles (DMV), Department of Transportation, appeals the decision of Human Resource Information Services (HRIS) which upheld the removal of the appellant's name from the Coordinator, Division of Motor Vehicles (PS2838T) eligible list, on the basis of her failure to indicate an interest in appointment.

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

B-22 WILLIAM S. DAVIS
William S. Davis, a disabled veteran, appeals the determination of Human Resource Information Services which upheld the removal of his name from the Human Services Specialist 1 (C1456B), Cumberland County Board of Social Services, eligible list on the basis of an unsatisfactory employment record. Additionally, the appellant appeals the removal of his name from the Community Youth Worker (C6047B), Cumberland County, eligible list on the basis of an unsatisfactory employment record.

ACTION: The Merit System Board granted a hearing.

B-23 HOWARD DOHERTY
Howard Doherty, represented by Robert R. Hanneman, Jr., Esq., appeals the decision of Human Resource Information Services, which upheld the removal of his name from the eligible list for Correction Sergeant (PS7099I), Department of Corrections, on the basis of an unsatisfactory employment record.

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

B-24 STEVEN FURRULE
Steven Furrule appeals the decision of Selection Services, which removed the appellant's name from the Correction Officer Recruit (S9999A), Department of Corrections eligible list on the basis of an unsatisfactory criminal record.

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

B-25 JACQUELINE HUTCHINSON
Jacqueline Hutchinson 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 County Correction Officer (S9999A), Mercer County eligible list, on the basis of an unsatisfactory criminal record.

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

B-26 FONTINI LEFTWRIGE
Fontini Leftdwrige, appeals the decision of Human Resource Information Services (HRIS), which upheld the removal of her name from the eligible list for Correction Sergeant (PS7099I), Department of Corrections, on the basis of an unsatisfactory employment record.

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

B-27 FRANK A. NAPOLITANO
Frank A. Napolitano, represented by Robert S. Eisenberg, Esq., appeals the decision of Human Resource Information Services, which upheld the removal of his name from the Sheriff's Officer (S9999A), Hudson County, eligible list due to his failure to respond to the Notice of Certification.

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

B-28 JOSEPH SERRAO
Joseph Serrao appeals the decision of Selection Services, which upheld the removal of his name from the eligible list for Fire Fighter (M2069A), City of New Brunswick, on the basis of his failure to meet the residency requirements.

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

B-29 MARISUE ASHTON
Marisue Ashton, a Communications Operator, Secured Facilities, at South Woods State Prison, 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 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 matter be held over.

B-30 LISA R. EASLEY
Lisa R. Easley, a Senior Correction Officer with the Edna Mahan Correctional Facility for Women, 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 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 matter be held over.

B-31 ROBERT J. FRANKLIN
Robert J. Franklin, a Senior Correction Officer with Riverfront State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division (EED), with the DOC, stating that the appellant failed to present a 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 matter be held over.

B-32 DAWN GRANT
Dawn Grant, a Senior Correction Officer with Northern State Prison, 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 she had been subject to conduct in violation of the New Jersey Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-33 GAIL HARRIS
Gail Harris, a Senior Parole Officer with the State Parole Board, appeals the determination of the Director, Equal Employment Division (EED), with the Department of Corrections (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. It is noted that, at the time of her complaint, the appellant was a Senior Parole Officer with the DOC.

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

B-34 JOANNE T. MCKNIGHT
Joanne T. McKnight, a Senior Correction Officer with the Edna Mahan Correctional Facility for Women, Department of Corrections (DOC), appeals the determinations of the Director of Equal Employment Division with the DOC, stating that appellant failed to present a sufficient evident 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 matter be held over.

B-35 MICHELLE OCHS
Michelle Ochs, a Correction Captain at Edna Mahan Correctional Facility for Women, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division, with the DOC, stating that appellant failed to present a 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 matter be held over.

B-36 RUSSELL PETERSON
Russell Peterson, a Correction Sergeant with the East Jersey State Prison (East Jersey), 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 Baord directed that this matter be held over.

B-37 DONNA SCOTT-HUNT
Donna Scott-Hunt, a Senior Correction Officer with South Woods State Prison (SWSP), Department of Corrections (DOC), represented by Kevin P. McCann, Esq., appeals the determination of the Director of the Equal Employment Division (EED) 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 matter be held over.

B-38 RAYMOND O'HARE
Raymond O'Hare, Police Chief with the Borough of Keansburg, represented by Louis E. Granata, Esq., petitions the Merit System Board for interim relief of his immediate suspension, effective March 14, 2002.

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

B-39 SCOTT DRAHAM AND JOHN THAME
Scott Draham and John Thame, represented by Kevin P. McCann, Esq., request reconsideration of the final decision of the Merit System Board, rendered October 10, 2001, which upheld their removals from their positions as Senior Correction Officers, Department of Corrections.

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

B-40 BRIAN J. SNYDER
The Department of Corrections requests reconsideration of the final decision of the Merit System Board rendered on September 18, 2001, which granted Brian J. Snyder, a former Senior Correction Officer at South Woods State Prison, sick leave injury (SLI) benefits. Additionally, Snyder, represented by Kevin P. McCann, Esq., seeks enforcement of that decision.

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

B-41 TELISSA DOWLING
Telissa Dowling, represented by Maha Munayyer, Esq., and Hudson County, represented by Assistant County Counsel Charles D'Amico, petition the Merit System Board for acknowledgment of the settlement agreement reached by the parties regarding Dowling's employment status.

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

B-42 DOROTHY WASHINGTON
Dorothy Washington, a Former Tenant Investigator with the Paterson Housing Authority, appeals the good faith of her lateral title change, pending a qualifying examination, to the title of Purchasing Assistant.

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

B-43 JOINT ORDER OF PREDOMINANT INTEREST CURTIS GERMANY V. STATE-OPERATED SCHOOL DISTRICT OF NEWARK
On March 4, 2002, Administrative Law Judge (ALJ) Jeffrey A. Gerson issued an initial decision indicating that cases were consolidated with a Merit System Board appeal and a contested case with the Division of Youth and Family Services (DYFS). In that initial decision, the ALJ issued an order sealing the record. The Merit System Board and DYFS have developed a joint order giving predominant interest to the DYFS. The proposed joint order is now submitted for the Board's approval.

ACTION: The Merit System Board adopted the joint order.

B-44 GREGORY ALSTON
The appeal of Gregory Alston, a Human Services Assistant with Ancora Psychiatric Hospital, Department of Human Services, of his removal effective March 23, 2001 on charges, was heard by Administrative Law Judge Lillard E. Law (ALJ), who rendered his initial decision on January 31, 2002. At its meeting on March 13, 2002, the Merit System Board (Board) adopted the ALJ's recommendation that the penalty be modified to a six-month suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-45 DONALD HEADLEY
The appeals of Donald Headley, Director of Data Processing with the City of Atlantic City, of a 30-day suspension and demotion to Principal Data Processing Systems Programmer effective April 24, 2000, on charges, and a 60-day suspension on charges, were heard by Administrative Law Judge John R. Tassini (ALJ), who rendered his initial decision on January 8, 2002. At its meeting on March 13, 2002, the Merit System Board adopted the ALJ's recommendation to uphold the 30-day suspension, demotion, and 60-day 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-46 AMOS MABRY
The appeal of Amos Mabry, a Cottage Training Supervisor with New Lisbon Developmental Center, Department of Human Services, of his 10-day suspension beginning February 18, 2001 on charges, was heard by Administrative Law Judge Robert W. Scott (ALJ), who rendered his initial decision on February 4, 2002. At its meeting on March 13, 2002, the Board did not adopt the ALJ's recommendation to uphold the 10-day suspension. Rather, the Board modified the 10-day suspension to a three-day 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-47 JACQUELINE VENTURA
The appeal of Jacqueline Ventura, a Family Service Specialist 3 with the Division of Youth and Family Services, Department of Human Services, of her 30-day suspension on charges was heard by Administrative Law Judge Ken R. Springer (ALJ), who rendered his initial decision on February 1, 2002, reversing the 30-day suspension. At its meeting on March 13, 2002, the Board adopted the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-48 SOCIAL SERVICE TECHNICIAN (C1600C), MIDDLESEX COUNTY BOARD OF SOCIAL SERVICES
The appointing authority requests permission not to make an appointment from the certification for Social Service Technician (C1600C), Middlesex County Board of Social Services.

ACTION: The Merit System Board granted the request for appointment waiver but directed that the appointing authority be assessed for the costs of the selection process in the amount of $2,048.

B-49 JAMES AROSE, ET AL.
James Arose (represented by Arnold Shep Cohen, Esq.,), William Frasca, Louis Gentilello, Alfreida Patten, David Penner, Joanne Rhodes, Linda Schultz, Kenneth Stephens, Stephen Torres, John Vittozzi, and George Young, Jr. appeal the determination of the Division of Selection Services, which found that they failed to meet the experience requirement for the promotional examination for Coordinator, Division of Motor Vehicles (PS2838T), Department of Transportation.

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

B-50 ANTHONY BAGLIANI, ET AL.
Anthony Bagliani, Joseph Barna, Robert Bennett, Douglas Burdsall, Timothy Byler, Michael Cox, Joe Devlin, Linda Dubrow, George Fowler, Jeffrey Freitag, Paul Giordano, Fredrick Grotz, Drew Hanusosky, Margaret Hoffman Louis Kish, Jr., Garry Kobcsenski, Robert Leonhardt, Ronald A. Lester, Regina McParland, Thomas Pulcrano (represented by Arnold Shep Cohen, Esq.), and Gloria Tobin appeal the determination of the Division of Selection Services, which found that they failed to meet the experience requirement for the promotional examination for Coordinator, Division of Motor Vehicles (DMV) (PS2838T), Department Transportation.

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

B-51 ROSEMARIE BECKERT, ET AL.
Rosemarie Beckert, Linda Merrill and Christine Tabor 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 Human Services Specialist 2 (PC1145B), Cape May County Board of Social Services.

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

B-52 DEBBY BROWN, ET AL.
Debby Brown, Janice Riepe and Janice Wildes appeal the determinations of the Division of Selection Services that found they failed to satisfy the unit scope eligibility requirements for the promotional examination for Supervising Unemployment Insurance Technician (PS2322N), Department of Labor.

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

B-53 KATHLEEN BRYCE
Kathleen Bryce appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Grants Manager (PS3162K), Department of Human Services.

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

B-54 ARTHUR CAVELLI
Arthur Cavelli appeals the determination of the Division of Selection Services that found that he did not meet the experience requirements for the promotional examination for Assistant Supervisor of Motor Pool (PM1493B), Jersey City.

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

B-55 DIANE P. CORELLI
Diane P. Corelli appeals the determination of the Division of Selection Services that she did not meet the education and experience requirements for the promotional examination for Administrative Analyst 2 (Data Processing (PS0868K), Department of Human Services.

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

B-56 ILESANMI DAODU, ET AL.
Ilesanmi Daodu, Loubert Ganthier and Lisa A. Hill appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirement for the promotional examination for Human Services Technician (PS0824K), Greystone Park Psychiatric Hospital.

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

B-57 ROBERT FOWLER AND ROBERT TURNER
Robert Fowler 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 Assistant Supervisor Resident Living (Developmental Disabilities) (PS0703K), Woodbine Developmental Center. Robert Turner appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in education and experience for the promotional examination for Assistant Supervisor Resident Living (Development Disabilities) (PS0703K), Woodbine Developmental Center.

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

B-58 NANCY HERRICK-GOLDEN
Nancy Herrick-Golden appeals the determination of the Division of Selection Services that found that she did not meet the experience requirements for the promotional examination for Technical Assistant, Classification (PS3057I), Department of Corrections.

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

B-59 JACQUELINE L. JENNINGS
Jacqueline L. Jennings appeals the determination of the Division of Selection Services, which found that she did not meet the minimum requirements in education and experience for the promotional examination for Training Technician (PC1104B), Middlesex County.

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

B-60 DOUGLAS JOSEPH, ET AL.
Douglas Joseph, Dawn Maciejunes and Maryann Tyler appeal the determinations of the Division of Selection Services which found them ineligible for the promotional examination for Senior Clerk Transcriber (PS0946K), Division of Youth and Family Services.

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

B-61 JAMES P. JURDEN
James P. Jurden appeals the determination of the Division of Selection Services, which found that he did not meet the minimum requirements in education and experience for the promotional examination for Training Technician (PC1104B), Middlesex County.

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

B-62 TONIA KNOLL
Tonia Knoll appeals the decision of the Division of Selection Services that found that per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Senior Management Assistant (PS3215P), Division of Consumer Affairs.

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

B-63 MARIANNE C. MCGEE
Marianne C. McGee appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Office Services Manager (PC0647C), Camden County.

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

B-64 RON MILLER
Ron Miller 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 Painter (PS4573K), Ancora Psychiatric Hospital.

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

B-65 FREDERICK A. MUMFORD, III
Frederick A. Mumford, III, appeals the determination of the Division of Selection Services that he did not meet the requirements for the promotional examination for Section Chief Waste Management (Technical/Scientific) (PS0422G), Department of Environmental Protection.

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

B-66 JACK M. NATA
Jack M. Nata appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the promotional examination for Project Coordinator, Construction (PM1361B), City of Newark.

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

B-67 DAWN L. PALICIA
Dawn L. Palicia appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Technical Assistant 1, Purchasing (PS0777J), William Paterson College.

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

B-68 MARIBEL SERRANO
Maribel Serrano appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the open competitive examination for Investigator 1 (S0568B) and Investigator 1 (Bilingual in Spanish and English (S0569B).

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

B-69 REGINA WILSON
Regina Wilson appeals the decision of the Division of Selection Services which found that she did not meet the experience requirement for the examination for Principal Clerk Bookkeeper (PS5013I), Department of Corrections.

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

B-70 SANDRA BISHOP AND MARY ESPOSITO
Sandra Bishop and Mary Esposito appeal their scores on the Head Data Entry Machine Operator (PS7856U), Department of Treasury promotional examination.

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

B-71 FAYEZ Y. FANIK
Fayez Y. Fanik appeals the determination of the Division of Selection Services, which found that he failed to achieve a passing score on the promotional examination for Supervisor Construction Plans Approval Section (PS0600D), Department of Community Affairs.

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

B-72 MARY M. MAYEROWITZ
Mary M. Mayerowitz appeals her score on the promotional examination for Secretarial Assistant (PC1023B), Middlesex County.

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

B-73 JOSEPH MCPEAK
Joseph McPeak appeals his score on the open competitive examination for Director of Finance (C6596A), Mercer County.

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

B-74 ACQUANETTA NAPIER
Acquanetta Napier appeals her score on the qualifying performance examination for Word Processing Specialist 2 (PS88810K), Division of Youth and Family Services.

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

B-75 CLAIRE B. GROSS
Claire B. Gross, one of seven appellants in In the Matter of Charles J. End, et al., Supervisor of Inspections, Long-Term Care Facilities (PS769H), Department of Health and Senior Services (decided December 18, 2001), requests reconsideration of that decision.

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

B-76 TIMOTHY COLACCI, ET AL.
Timothy Colacci, James D'Amore, Alan Williams, Yves Saad, Robert Ortiz and Richard Nicholas, represented by Charles Sciarra, Esq., appeal the proposed cancellation of the eligible list for Fire Fighter (M2154A), Guttenberg Volunteers.

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

B-77 MARIAN WILNAT
Marian Wilnat appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the promotional examination for Equipment Operator (PM0147B), City of Bayonne.

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

B-78 MARILYN CARROLL
The Director, Division of Human Resource Management, on behalf of the Department of Human Services, requests that Marilyn Carroll's out-of-title work experience be accepted to qualify her for a prospective promotional examination for the title of Manager 1, Human Resources, Greystone Park Psychiatric Hospital.

ACTION: The Merit System Board granted the request.

B-79 ALEXANDER DELUCCIA, JR., ET AL.
Alexander DeLuccia, Jr., James Durkin and Michael Recca, represented by Vincenza Leonelli-Spina, Esq. request make-up examinations for Police Lieutenant (PM2581C) and Police Captain (PM3552C), Paterson.

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

B-80 HUMAN RESOURCE CONSULTANT 3 (PS6927C) AND HUMAN RESOURCE CONSULTANT 4 (PS6928C), DEPARTMENT OF PERSONNEL
The Department of Personnel appointing authority requests that the subject lists be extended for one year beyond their original expiration dates. This matter was held over from the Board's meeting on March 27, 2002 for further review.

ACTION: The Merit System Board granted the requests.

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

B-81 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. This matter was held over from the Board's meeting on March 27, 2002 for further review.

ACTION: The Merit System Board granted the request.

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

B-82 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of March 27, 2002 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of March 27, 2002.

B-83 CAROL KEATING AND KATHLEEN STEIN
Carol Keating and Kathleen Stein appeal the determinations of the Division of Selection Services, which found that they did not meet the announced experience requirements for the promotional examination for Senior Personnel Assistant (PM1232B), Jersey City School District.

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

B-84 ZANE MAGUIRE
Zane Maguire 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 Hearing Officer Inmate Disciplinary Program (PS4850I), Department of Corrections.

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

B-85 STEVEN PALAMARA
Steven Palamara, Police Chief with the Township of Irvington, represented by Patrick P. Toscano, Esq., petitions the Merit System Board for interim relief of his demotion to Deputy Police Chief, effective March 28, 2002, pending the outcome of his hearing at the Office of Administrative Law (OAL).

ACTION: The Merit System Board denied the request.

B-86 NORMAN HART
The Superior Court, Appellate Division, has temporarily remanded the decision of the Merit System Board (Board) in In the Matter of Norman Hart (MSB, decided November 8, 2001), remanded, Docket No. A-2479-01T1 (App. Div. Feb. 6, 2002), to allow Norman Hart to pursue his request for reconsideration of the Board's November 8, 2001 decision.

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

B-87 EARLY SETTLEMENTS
Anderson Adams
New Jersey Department of Corrections
Release at the end of working test period

John Broyles
City of Asbury
Department of Public Safety
Ten-day suspension

Edward Dean
City of Rahway
Department of Public Works
Four-month (calendar day) suspension

Theresa Gibson
Ancora Psychiatric Hospital
Department of Human Services
Removal

Joanne Hawkins
Camden County Board of Social Services
Release at the end of the working test period

Joseph J. Heckmann
City of Atlantic City
Department of Public Safety
30-day suspension

Matthew Steere
Southern State Correctional Facility
Department of Corrections
30-day suspension

Lawrence Wagner
City of Egg Harbor
Police Department
Removal

Ralph Williams
Central Reception and Assignment Facility
Department of Corrections
15-day suspension

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, April 24, 2002, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD

 
 
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