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

Ida L. Castro, Chairwoman
Josephine DiRienzo
Robert J. Long

A regular meeting of the Merit System Board was held on Wednesday, November 7, 2002, in Trenton, New Jersey.

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

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

Date: November 1, 2002

To: Ida L. Castro, Commissioner

Henry Maurer, Director
Merit System Practices and Labor Relations

From: Elizabeth Van Marter, Acting Director
Division of Human Resource Management

Subject: Change in State Classification Plan

DEPARTMENT OF LABOR

The Department of Labor is requesting that the following job functions be reallocated to the Senior Executive Service.

Your approval of the reallocation for the following position from the career service to the Senior Executive Service is recommended. A review of the assigned job functions has been conducted and the positions meet the standards established for inclusion in the Senior Executive Service.

Reallocation of Service
Effective Date: August 24, 2002

From: Assistant Director, Workers Compensation M32-31186 Pos. #046445
To: Senior Executive Service M98-90752

From: Assistant Director, Workers Compensation M32-31186 Pos. #053389
To: Senior Executive Service M98-90752

The positions report to the Director and Chief Judge of the Division of Workers Compensation.

Position #046445
This position will function as Administrative Director of the Workers Compensation Court System. It will be responsible for the management and coordination of the staff for the workers compensation court system in the Trenton office and in fifteen (15) vicinages. This includes the managing, docketing, assigning and updating of over 100,000 active cases and maintaining the large number of closed cases. The position will also have day-to-day responsibility for all facilities, leases, and technology functions for the division. The position will be active in developing technologically advanced case management/information system for the division which will include electronic court lists, attorney and insurance carrier computer access to court records, files and interactive forms. The budget for these court system programs is $11,759,000 for FY 2003.

Position #053389
This position will function as Administrator, Special Compensation Funds which include the Second Injury Fund and the Uninsured Employers Fund. The position will develop and execute policy for these funds in accordance with statutory and fiscal requirements. The position will be directly responsible for issuing sanctions after administrative reviews and hearings involving uninsured employers and for recommending decisions in allegations of discrimination against employers who file workers compensation cases. In addition, the position will coordinate implementation of the Workers Compensation Fraud Act and enforcement litigation affecting the division and the Attorney General's Office. Funding for the special compensation programs is $1,639,000 for administration and $140,000,000 for benefits in FY 2003.

DATE: November 7, 2002

TO: Ida L. Castro, Commissioner
Department of Personnel

FROM: Elizabeth Van Marter, Acting Director
Human Resources Management

SUBJECT: Change in the State Classification Plan
Title Consolidation

DEPARTMENT OF ENVIRONMENTAL PROTECTION

The Department of Environmental Protection wishes to consolidate the functions of several managerial titles assigned to the Division of Fish and Wildlife. The Division is responsible for the protection, management and efficient use of New Jersey's fish and wildlife resources.

The Department currently utilizes several variant Manager titles in other divisions to classify assigned administrative, fiscal and other technical functions. The Division of Fish and Wildlife wishes to pattern the structure of the existing "Chief" titles in a manner similar to other managerial titles used in the Department. The education and experience requirements of these Chief titles are very similar, making this a logical consolidation of functions. It will result in the elimination of seven (7) titles and the creation of two (2) variants, Manager 4, Natural Resources, Fisheries and Manager 4, Natural Resources, Wildlife. Approval of this request will permit the Division a degree of management flexibility in staff rotation and development and is consistent with our goals of title reduction. It will afford equity of compensation with other managerial functions in the Department.

This action will result in an upward salary reevaluation for the incumbents. The Department of Environmental Protection requests this be processed as a "no-pain, no-gain" transaction, in that the incumbents will be placed in the title with their current salary. Incumbents holding permanent status in their existing title will be laterally appointed to the Manager 4 variant title. Provisional incumbents will be required to participate in the promotional examination process.

The consolidation is summarized as follows.

Former Title New Title
Chief, Bureau of Freshwater Fisheries
M30-45446
Manager 4, Natural Resources, Fisheries
M32-64994
Chief, Bureau of Shellfisheries
M29-03386
Manager 4, Natural Resources, Fisheries
M32-64994
Chief, Office of Wildlife Education
M29-03203
Manager 4, Natural Resources, Wildlife
And Information
M32-64994
Chief, Bureau of Development and Maintenance
M30-03204
Manager 4, Natural Resources, Wildlife
M32-64994
Chief, Bureau of Wildlife Management
M30-45625
Manager 4, Natural Resources, Wildlife
M32-64994
Chief, Office of Endangered and Non-Game Species
M29-03201
Manager 4, Natural Resources, Wildlife
M32-64994
Chief, Bureau of Marine Fisheries
M29-03383
Manager 4, Natural Resources, Fisheries
M32-64994

CREATION OF VARIANT TITLES:

Effective: 12/29/01  
Manager 4, Natural Resources, Fisheries
M32-64994 C NL
Manager 4, Natural Resources, Wildlife
M32-64994 C NL

TITLE INACTIVATIONS:
Effective: 12/29/01

Chief, Bureau of Freshwater Fisheries, M30-45446
Chief, Bureau of Shellfisheries, M29-03386
Chief, Office of Wildlife Education and Information, M29-03203
Chief, Bureau of Development and Maintenance, M30-03204
Chief, Bureau of Wildlife Management, M30-45625
Chief, Office of Endangered and Non-Game Species, M29-03201
Chief, Bureau of Marine Fisheries, M29-03383

WITHDRAWAL OF APPEALS

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

Jana Boag, County Correction Officer, County of Ocean, removal.

Mark Coleman, County Correction Officer, Department of Corrections and Youth Services, County of Monmouth, indefinite suspension.

Ronald K. Gabriel, Juvenile Detention Officer, Department of Corrections and Youth Services, County of Monmouth, suspension.

David Hill, Police Officer, Police Department, City of Newark, removal.

Andre Lee, Security Guard, Passaic County Board of Social Services, good faith layoff.

Michael Stone, Ranger Trainee, Department of Environmental Protection, list removal.

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:

William Kimble, Building Maintenance Worker, Department of Building and Grounds, County of Burlington, suspension.

Warren McRae, Police Officer, Police Department, City of Jersey City, suspension.

Edward Miller, Building Maintenance Worker, Department of Building and Grounds, County of Burlington, suspension.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of William Ailes-Flanagan
Riverfront State Prison
Department of Corrections
Suspension

In the Matter of Charles Craig
East Jersey State Prison
Department of Corrections
Suspension

In the Matter of William Crawley
County of Passaic
Department of Youth Services
Suspension

In the Matter of Sue Davison
Division of Taxation
Department of Treasury
Suspension

In the Matter of Michele D. Enous
New Jersey Judiciary
Atlantic/Cape May Vicinage
Release at the end of the working test period

In the Matter of Orvilla Glover
East Jersey State Prison
Department of Corrections
Removal

In the Matter of Raymond Grabert
Township of Delran
Department of Public Works and Public Property
Suspension

In the Matter of Joseph J. Jablonka
City of Jersey City
Department of Recreation and Cultural Affairs
Layoff


In the Matter of Richard Jordan
County of Mercer
Department of Public Safety
Removal

In the Matter of Michael Kennedy
Northern State Prison
Department of Corrections
Suspension

In the Matter of Daniel Oritz
Mountainview Youth Correctional Facility
Department of Corrections
Release 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.

A-2 RICHARD ANDERSON

Richard Anderson a Senior Correction Officer with Central Transportation, Department of Corrections, appeals the denial of sick leave injury benefits.

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

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

A-3 LEFTDWRIGE FONTINI DIXON

Leftdwrige Fontini Dixon, Senior Correction Officer, Northern State Prison, Department of Corrections, 30-day suspension on charges of neglect of duty, loafing, idleness or willful failure to devote attention to tasks which could result in danger to persons or property and violation of administrative procedures and/or regulations involving safety and security.

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-4 DEBORAH FITZPATRICK

Deborah Fitzpatrick, County Correction Officer, County of Monmouth, Corrections/Youth Services Department, ten-day suspension on the charge of tardiness.

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

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

A-5 KELLIEJEAN ROSTIEN (REMAND)

Kelliejean Rostien, Emergency Medical Technician, City of Vineland, Health Department, release at the end of the working test period effective September 20, 1999.

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-6 CHARLENE SMITH, JAMES A. MILLER, AND ALFRED P. LONG (REMAND)

Charlene Smith, James A. Miller, and Alfred P. Long, City of Plainfield appeal the good faith of their layoffs, effective October 21, 1994, for reasons of economy and efficiency.

Recommendation of the Administrative Law Judge - Uphold the layoffs of Charlene Smith and James A. Miller and reverse the layoff of Alfred P. Long.

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

A-7 KEVIN SMITH

Kevin Smith, Senior Correction Officer, South Woods State Prison, Department of Corrections, ten-day suspension on charges of loss or careless control of firearms and other sufficient cause.

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

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

A-8 KEVIN FREIBOTT

Kevin Freibott, Police Officer, Township of Middletown, Department of Public Safety, removal effective August 15, 2001, on charges of incompetency, insubordination, conduct unbecoming a public employee, and violation of Police Department rules and regulations.

Recommendation of the Administrative Law Judge - Modify the removal to a two-month suspension.

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

A-9 SERENA SWAGGERTY

Serena Swaggerty, Food Service Worker, County of Atlantic, Department of Human Services, removal effective August 16, 2001, on charges of conduct unbecoming a public employee and violation of the workplace violence policy.

Recommendation of the Administrative Law Judge - Modify the removal a six-month suspension.

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

A-10 THELMAN THOMAS

Thelman Thomas, Custodial Worker, City of Newark School District, removal effective March 19, 2001, on charges of conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-11 EVELYN WILLIAMS

Evelyn Williams, Food Service Worker, County of Essex, Department of Citizen Services, removal effective December 27, 1999, on charges of insubordination, chronic and excessive absenteeism, conduct unbecoming a public employee, absence without official leave, and resignation not in good standing.

Recommendation of the Administrative Law Judge - Modify the removal to a one-day suspension.

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

A-12 OLIVER NNADI

Oliver Nnadi, Correction Sergeant, Juvenile Justice Commission, removal effective November 26, 1999, on charges of neglect of duty, conduct unbecoming a public employee and falsification.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

SECTION B - MISCELLANEOUS MATTERS

B-1 RICHARD ANDERSON

Richard Anderson, a former Senior Correction Officer with the Department of Corrections, represented by Henry Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-2 PEARL BUTLER

Pearl Butler, a Cottage Training Technician at Woodbridge Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-3 KAREN HUESKEN

Karen Huesken, a Field Representative, Housing with the Department of Community Affairs, represented by Virginia A. Wolf, Senior Staff Representative, CWA Local 1034, appeals the denial of sick leave injury (SLI) benefits.

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

B-4 HOWARD PFISTER

Howard Pfister, a Secretarial Assistant 3 with the Division of Family Development, 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-5 JOHN WOOD

John Wood, a Senior Correction Officer at Southern State Correctional Facility, Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be granted in part and referred in part to the Medical Examiners Panel.

B-6 CASEY A. ANDREWS

Casey A. Andrews, represented by John F. Pilles, Jr., Esq., appeals the decision of Human Resource Information Services (HRIS), which upheld the removal of her name from the eligible list for Sheriff's Officer (S9999B), Monmouth County, on the basis of an unsatisfactory background report.

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

B-7 RICHARD E. GRANT, JR.

The City of Camden (Camden), represented by Marc A. Riondino, Assistant City Attorney, appeals the decision of Human Resource Information Services, which restored Richard E. Grant, Jr. to the eligible list for Fire Fighter (M2013A) on the basis that he met the residency requirement.

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

B-8 ROBERT MONROE

Robert Monroe, represented by William B. Hildebrand, Esq., appeals the decision of Human Resource Information Services, which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for County Correction Officer (S9999A), Camden County, on the basis of an unsatisfactory criminal record.

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

B-9 EDWIN MONTALVO

Edwin Montalvo appeals the decision of Human Resource Information Services (HRIS) which upheld the removal of his name from the Sheriff's Officer (S9999B) Monmouth County eligible list on the basis of an unsatisfactory background report.

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

B-10 LAVERNE PITTS

Laverne Pitts, represented by Virginia A. Wolf, Senior Representative, CWA Local 1034, appeals the decision of Human Resource Information Services, which upheld the bypass of her name on the promotional list for Senior Unemployment Insurance Clerk (PS2320N), Department of Labor.

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

B-11 FELIX M. ROGERS

Felix M. Rogers, represented by Troy A. Archie, Esq., appeals the decision of Human Resource Information Services (HRIS), which upheld the removal of his name from the Police Officer (S9999A), City of Camden eligible list on the basis of an unsatisfactory background report.

ACTION: The Merit System Board directed that this appeal be granted but the appellant's name should be reflected as bypassed on the certification.

B-12 THOMAS J. WALSH

Thomas J. Walsh, represented by Edward C. Bertucio, Jr., appeals the removal of his name from the eligible list for Police Officer (S9999A), Borough of South Belmar based on falsification of his employment application and failing to meet the residency requirement.

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

B-13 DAUD ABDUS-SABUR

Daud Abdus-Sabur, a Senior Correction Officer at Northern State Prison, Department of Corrections (DOC), appeals the determinations 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 ad 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-14 CLARENCE BARNES

Clarence Barnes, a Senior Correction Officer with Northern State Prison, Department of Corrections (DOC), 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 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 denied the appeal in part but remanded the appeal in part to the Department of Corrections for investigation and administrative review.

B-15 JOHN DI'TULLIO

John Di'Tullio, an Electrician with South Woods State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division, with the DOC, stating that the appellant failed to present sufficient evident 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-16 ALVERA DOUGLAS

Alvera Douglas, a Senior Correction Officer with the Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division, with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to 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-17 MARY HALL

Mary Hall, a Youth Work Supervisor with the Juvenile Justice Commission, Department of Law and Public Safety, appeals the determination of the Attorney General, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-18 ZINO SALNAVE

Zino Salnave, a Senior Correction Officer at the East Jersey State Prison, Department of Corrections (DOC), appeals the determination of the Director of Equal Employment Division with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that 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-19 DIANE SEBASTIAN

The Department of Community Affairs (DCA) requests reconsideration of the Merit System Board (Board) decision rendered on December 19, 2000, in which the Board granted Diane Sebastian, a Technical Assistant 1, Community Affairs, with the DCA, a hearing on her complaint that she was sexually harassed in violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-20 ANGELA M. ELLIS

Angela M. Ellis, a Senior Correction Officer at the Edna Mahan Correctional Facility for Women, Department of Corrections (DOC), represented by Henry J. Cistrelli, Esq., petitions the Merit System Board (Board) for reconsideration of the final administrative decision, decided June 26, 2002, in which the Board denied her request for sick leave injury (SLI) benefits.

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

B-21 BRIAN SOBUN

The Department of Corrections petitions the Merit System Board for reconsideration of the final administrative decision, rendered February 20, 2002, which awarded Brian Sobun sick leave injury (SLI) benefits.

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

B-22 SUNG YI

The Department of Corrections (DOC) petitions the Merit System Board for reconsideration of the final decision, rendered on February 20, 2002, which granted sick leave injury (SLI) benefits to Sung Yi, a former Head Cook 1 with the DOC from May 7, 2001 to July 4, 2001.

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

B-23 SYLVIA MEYERS

Sylvia Meyers, a Senior Correction Officer with the Department of Corrections, petitions the Merit System Board for reconsideration of its final decision rendered on May 29, 2002, which upheld the removal of the petitioner effective September 16, 1998.

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

B-24 CLERK, SPECIAL REEMPLOYMENT LIST, TOWN OF WEST NEW YORK

The appointing authority's failure to properly dispose of the certification for Clerk, while a provisional appointee is serving in the title, has been referred to the Merit System Board for enforcement.

ACTION: The Merit System Board ordered the appointing authority to remove the provisional appointee, make an appointment from the certification and pay compliance costs.

B-25 REGISTRAR OF VITAL STATISTICS (M7818C), BOROUGH OF ROSELLE

The appointing authority's failure to properly dispose of the certification for Registrar of Vital Statistics, while a provisional appointee is serving in the title has been referred to the Merit System Board for enforcement.

ACTION: The Merit System Board ordered the appointing authority to remove the provisional appointee, make an appointment from the certification and pay compliance costs.

B-26 SUPERVISOR, STREETS, SPECIAL REEMPLOYMENT LIST, EAST ORANGE

The appointing authority's failure to properly dispose of the certification for Supervisor, Streets, while a provisional appointee is serving in the title, has been referred to the Merit System Board for enforcement.

ACTION: The Merit System Board ordered the appointing authority to remove the provisional appointee, make an appointment from the certification and pay compliance costs.

B-27 SECRETARIAL ASSISTANT, TYPING (M7850C), NEWARK SCHOOL DISTRICT

The appointing authority's failure to properly dispose of the certification for Secretarial Assistant, Typing (M7850C), while two provisional appointees are serving in the title, has been referred to the Merit System Board for enforcement.

ACTION: The Merit System Board ordered the appointing authority to remove the provisional appointees, make an appointment from the certification and pay compliance costs.

B-28 SENIOR BUYER (M1474C), CITY OF EAST ORANGE

The appointing authority's failure to properly dispose of the certification for Senior Buyer, while a provisional appointee is serving in the title has been referred to the Merit System Board for enforcement.

ACTION: The Merit System Board ordered the appointing authority to remove the provisional appointee, make an appointment from the certification and pay compliance costs.

B-29 SENIOR CUSTODIAN (PM04902C), NEWARK SCHOOL DISTRICT

The appointing authority's failure to properly dispose of the certification for Senior Custodian, while a provisional appointee is serving in the title, has been referred to the Merit System Board for enforcement.

ACTION: The Merit System Board ordered the appointing authority to remove the provisional appointee, make an appointment from the certification and pay compliance costs.

B-30 TRAFFIC MAINTENANCE WORKER (M6673A), CITY OF EAST ORANGE

The appointing authority's failure to properly dispose of the certification for Traffic Maintenance Worker, while a provisional appointee is serving in the title, has been referred to the Merit System Board for enforcement.

ACTION: The Merit System Board ordered the appointing authority to remove the provisional appointee, make an appointment from the certification and pay compliance costs.

B-31 LUCY LILLY

Lucy Lilly, a Site Manager, Nutrition Program with the Morris County Department of Human Services (MCDHS), represented by Richard D. Brown, Esq., appeals the decision of MCDHS to reassign her.

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

B-32 GERALDINE BROWN

Geraldine Brown, an Intermittent Labor Clerk, Department of Labor (DOL), appeals the decision of DOL to resign her in good standing.

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

B-33 LEONARD CUNNINGHAM

Leonard Cunningham, a Senior Parole Officer, represented by Mark W. Catanzaro, Esq., appeals an official written reprimand and a three-day suspension issued by the State Parole Board.

ACTION: The Merit System Board directed that this appeal be granted on the official written reprimand and the appeal be denied on the three-day suspension, but remanded the matter to the appointing authority to reconsider the penalty.

B-34 TEQUILA THOMPSON

Tequila Thompson, a Correction Officer Recruit, East Jersey State Prison, represented by William Toolen, Second Shift Representative, PBA Local 105, appeals an official written reprimand issued by the Department of Corrections.

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

B-35 JOSEPH SPAVENTA

Joseph Spaventa, Laboratory Technician, Woodbine Developmental Center, Department of Human Services, represented by the Communication Workers of America, Local 1040, appeals minor discipline of an Official Written Reprimand.

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

B-36 CHRISTOPHER ASH

The appeal of Christopher Ash, a Truck Driver in the Division of Human Resources, Department of Transportation (DOT), of his five-day, 15-day and six-month suspensions and his removal effective July 29, 2001, on charges, was before Acting Chief Administrative Law Judge Jeff S. Masin (ALJ), who rendered his initial decision on August 28, 2002 recommending that a settlement between the parties be acknowledged. At its meeting on October 9, 2002, the Merit System Board remanded the matters to the Office of Administrative Law.

ACTION: The Merit System Board adopted the decision.

B-37 MICHAEL EBERHARDT

The appeal of Michael Eberhardt, a Sheriff's Officer with the Monmouth County Sheriff's Department, of his resignation not in good standing and removal, effective November 16, 2000, was heard by Administrative Law Judge Israel D. Dubin (ALJ), who rendered his initial decision on August 29, 2002. At its meeting on October 9, 2002, the Merit System Board (Board) adopted the ALJ's recommendation to reverse the resignation not in good standing, but did not adopt the ALJ's recommendation that the removal be modified to a six-month suspension. Rather, the Board upheld the removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-38 SYBIL THREATS

The appeal of Sybil Threats, a Senior Correction Officer at Mid-State Correctional Facility, Department of Corrections, of her removal effective September 29, 2000 on charges, was heard by Administrative Law Judge Robert S. Miller (ALJ), who rendered his initial decision on October 9, 2002, the Merit System Board ordered that this matter be remanded to the Office of Administrative Law. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the decision.

B-39 KELVIN WAGNER

The appeal of Kelvin Wagner, a County Correction Officer with the Gloucester County Sheriff's Office, of his removal effective December 17, 1999 on charges, was heard by Administrative Law Judge Steven C. Reback (AJ), who rendered his initial decision on June 5, 2002, upholding the removal. At its meeting on October 9, 2002, the Merit System Board (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.

B-40 DAVID WEISS

The appeal of David Weiss, a Police Lieutenant with the Perth Amboy Police Department, of his 180 calendar day suspension and demotion to Police Sergeant, effective November 23, 2000 on charges, was heard by Administrative Law Judge M. Kathleen Duncan (ALJ), who rendered her initial decision on June 27, 2002. At its meeting on October 9, 2002, the Merit System Board (Board) adopted the ALJ's recommendation to uphold the 180 calendar day suspension and demotion to Police Sergeant. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-41 THOMAS WALLACE

The appeal of Thomas Wallace, a Police Officer with Little Egg Harbor Township, of his removal effective August 2, 1999 on charges, was heard by Administrative Law Judge Joseph F. Martone (ALJ), who rendered his initial decision on August 15, 2002 reversing the removal. At its meeting on October 23, 2002, the Merit System Board (Board) adopted the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.

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

B-42 DEBBIE BAJEK

Debbie Bajek appeals the decision of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Principal Account Clerk Typing (PM1747C), Woodbridge.

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

B-43 MELINDA BONNER AND KIM SYKES-WOODS

Melinda Bonner and Kim Sykes-Woods appeal the determinations of the Division of Selection Services, which found them ineligible for the promotional examination for Senior Clerk Transcriber (PS2221K), Division of Youth and Family Services.

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

B-44 MARY BOXLER

Mary Boxler appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education she did not meet the education and experience requirements for the promotional examination for Management Assistant (PS3951H), Department of Health and Senior Services.

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

B-45 SANDRA BRODBECK

Sandra Brodbeck appeals the determination of the Division of Selection Services which found that appellant did not meet the experience requirements for the promotional examination for Senior clerk Transcriber (PS3709G), Department of Environmental Protection.

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

B-46 KIMBERLY K. CALDWELL

Kimberly K. Caldwell 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 Management Assistant (PS3769H), Department of Health and Senior Services.

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

B-47 STEPHEN CHILLEMI AND EDWARD YAKSTA

Stephen Chillemi and Edward Yaksta appeal the administration, validity, amount of time allowed to take the examination, and a specific question of the promotional examination for Regional Electrical Supervisor (PS2411T), Department of Transportation.

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

B-48 VERA B. COUNCIL

Vera B. Council appeals the determination of the Division of Selection Services, which found that she was ineligible for the promotional examination for Human Service Specialist (PC1536B), Mercer County Board of Social Services.

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

B-49 CLAUDINE D'AGOSTINO

Claudine D'Agostino appeals the determination of the Division of Selection Services, which found that she did not meet the education requirements for the promotional examination for Accounting Assistant (PS2139K), Ancora Psychiatric Hospital.

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

B-50 WILLIAM S. DAVIS

William S. Davis, a disabled veteran, appeals the determinations of the Division of Selection Services that he did not meet the experience requirement for the open-competitive examination for Program Development Specialist (Community Service) (C6641D), Cumberland County, and the education and experience requirements for the open-competitive examination for Field Representative (Senior Citizens Program) (C0156D), Cumberland County.

ACTION: The Merit System Board directed that the appeal for Program Development Specialist (Community Service) be granted but directed that the appeal for Field Representative (Senior Citizens Program) be denied.

B-51 SHENITA ELDER AND GAIL GERESI

Shenita Elder and Gail Geresi appeal the determinations of the Division of Selection Services which found them ineligible for the promotional examination for Senior Clerk Transcriber (PS2221K), Division of Youth and Family Services.

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

B-52 KIMBERLY B. EVANS

Kimberly B. Evans 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 the Technical Assistant 1, Insurance (PS2671L), Department of Banking and Insurance.

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

B-53 FATHALLA FARAG ET AL.

Fathalla Farag appeals the determination of the Division of Selection Services, which found that she did not provide an evaluated foreign transcript for the open competitive examination for Health Systems Specialist 2 (S6276A), Rebecca McMillen and James Plastine appeal the determination of the Division of Selection Services, which found that, per the substitution clause for education, they did not meet the experience requirements for the open competitive examination for Health Systems Specialist 2 (S6276A).

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

B-54 PATRICIA MCEVOY

Patricia McEvoy appeals the determination of the Division of Selection Services, which found that she did not meet the education and experience requirements for the open competitive examination for Senior Medical Social Worker (C6018B), Gloucester County.

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

B-55 ALANA MORGAN

Alana Morgan appeals the determination of the Division of Selection Services, which found that she was below the minimum requirements in education for the open-competitive examination for graphic Artist 1 (M6122B), City of Newark.

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

B-56 DIANE PATTERSON

Diane Patterson 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 Administrative Analyst 4 (Data Processing) (PS4898K), Division of Family Development.

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

B-57 DIANE PIERZGA

Diane Pierzga 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 Social Worker (PC1645C), Warren County Welfare Board promotional examination.

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

B-58 HOLLY RITTENHOUSE

Holly Rittenhouse appeals the determination of the Division of Selection Services, that found that she did not meet the experience requirements for the promotional examination for Data Base Analyst 2 (PS4575G), Department of Environmental Protection.

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

B-59 JEROME WATKINS

Jerome Watkins appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements for education and experience for the promotional examination for Assistant Food Service Supervisor 1 (PS3423I), South Woods State Prison.

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

B-60 REGINA LORUSSO

Regina Lorusso appeals her score on the promotional examination for Assistant Administrative Supervisor of Income Maintenance (PC0771B), Camden County Board of Social Services.

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

B-61 ROBERT ROMAN

Robert Roman appeals his score on the promotional examination for Data Processing Scheduler 1 (OIT) (PS785U), Department of the Treasury.

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

B-62 HUMAN SERVICES SPECIALIST 4

The Communications Workers of America, Local 1081 (CWA), behalf of all the members who participated in the Supervisor Test Battery (STB), appeals the validity of the test for the promotional examination for Human Services Specialist 4 (PS1921C), Passaic County Board of Social Services.

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

B-63 MICHELLE MCCROY

Michelle McCroy appeals the validity of the promotional examination for Technical Assistant, Management Information Systems (PS0522K), Division of Youth and Family Services.

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

B-64 VIRMA SALAZAR

The Director, Division of Human Resource Management, on behalf of the Department of Military and Veterans Affairs, requests that Virma Salazar's out-of-title work experience be accepted to qualify her for a lateral title change to the title of Principal Audit Account Clerk.

ACTION: The Merit System Board granted the request.

B-65 GLORIA JOHNSON

Gloria Johnson appeals the determination of the Division of Selection Services denying her request for a make-up for the promotional examination for Human Services Specialist 2 (PC1920C), Passaic County Board of Social Services.

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

B-66 DEPARTMENT OF CORRECTIONS, OFFICE OF INFORMATION TECHNOLOGY

The Acting Director, Division of Human Resource Management, on behalf of the Department of Corrections, petitions the Merit System Board for reconsideration of the decision rendered on February 27, 2002, which found the out-of-title work performed in various inappropriate information technology titles acceptable to satisfy the requirements for either a lateral title change or a promotion, pending examination, to the Technical Assistant, MIS, Technician MIS, Senior Technician and Technical Support Specialist 2 titles.

ACTION: The Merit System Board granted the request

B-67 POLICE LIEUTENANT (PM2622A) AND POLICE SERGEANT (PM2531A)

Donald J. Tempalsky, Walter J. Antoniewicz, and Robert J. Berlinski, represented by Bruce D. Leder, Esq., and the City of Linden request acknowledgement of a settlement providing for retroactive seniority dates of appointments to the titles of Police Lieutenant and Police Sergeant, respectively, City of Linden.

ACTION: The Merit System Board acknowledged the settlement.

B-68 SHERIFF'S OFFICERS, CAMDEN COUNTY

Michael W. McLaughlin, Sheriff of Camden County, appeals the decision of the Division of Human Resource Information Systems rescinding one of the two permanent appointments made to the title of Sheriff's Officer from the Priority Hiring List 1 (C2200H).

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

B-69 EARLY SETTLEMENTS

Marilyn Bell
Division of Youth and Family Services
Department of Human Services
Suspension

Kenneth Besold
Division of Research and Technology
Department of Environmental Protection
Release at the end of the working test period

Ernest Olaga
Greystone Park Psychiatric Hospital
Department of Human Services
Removal

Karen Saunders
Division of Youth and Family Services
Department of Human Services
Suspension

ACTION: The Merit System Board acknowledged the settlements.

B-70 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of October 23, 2002 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of October 23, 2002.
VOTE: Ida L. Castro (Abstained)
Josephine DiRienzo (Yes)
Robert J. Long (Yes)

B-71 JOHN NEWTON

John Newton, an Official Court Reporter with the Judiciary, appeals the denial of sick leave injury (SLI) benefits.

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

B-72 JOYCE ANDREWS

Joyce Andrews, a Security Officer with Rowan University, appeals the determination of the President of Rowan University, which indicated that the appellant failed to present sufficient evidence to support a finding that she had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-73 JAYANTHI BASSAVANHALLY, ET AL.

Jayanthi Basavanhally, Judith Bayard, William Brown, Richard Burgos, Richard Gunoskey, Kenneth Kahora, Leonard Lipman, Stephen Myers, John Ruhl, Jeffrey Spera, Ward Ingersoll, Renee Wright, and Theodore Zagorski appeal their scores on the promotional examination for Hazardous Site Mitigation Specialist 2 (PS3355G), Department of Environmental Protection.

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

B-74 MARGARET BENDORF

Margaret Bendorf appeals the determination of the Division of Selection Services, which found that she did not meet the education and experience requirements for the open competitive examination for Social Worker, Aging (C1696C), Camden County.

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

B-75 DIANE PATTERSON

Diane Patterson 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 Technical Support Specialist 2 (PS0568K), Division of Family Development.

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

B-76 ANDREW DILLMAN, ET AL.

Andrew Dillman, Michael Flite, William Hadsell, Jill McKenzie, Donna Plummer and David Rubin appeal their scores on the promotional examination for Hazardous Site Mitigation Specialist 1 (PS2858G), Department of Environmental Protection.

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

B-77 JOHN VOORHEES

John Voorhees appeals the determination of the Division of Selection Services, which found that per the substitution clause for education, he did not meet the experience requirement for the promotional examination for Administrative Analyst 3 (Procurement) (PS3413H), Department of Health and Senior Services.

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

B-78 KAREN COLE, ET AL.

Karen Cole, Ann Roberts and Elizabeth Wheeler appeal the test administration for the promotional examination for Technical Assistant 1, Treasury (PS5096U), Department of the Treasury.

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

B-79 CARMEN CARTER

Carmen Carter, a Correction Officer Recruit with the Garden State Reception and Youth Correctional Facility, Department of Corrections, represented by Scott D. Liebling, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-80 MICHAEL COMPTON

Michael Compton, a Plumber and Steamfitter with Woodbridge Developmental Center, Department of Human Services, represented by Thomas W. Barlow, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-81 ANDREA GRILLI

Andrea Grilli appeals the determination of the Division of Selection Services, which found that she did not meet the education and experience requirements for the Graphic Artist 1 (C6392C), Ocean County open competitive examination.

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

B-82 MANAGER 4, NATRUAL RESOURCES, FISHERIES AND
MANAGER 4, NATURAL RESOURCES, WILDLIFE

The Acting Director, Division of Human Resource Management, requests that the provisions of N.J.A.C. 4A:4-7.6, lateral title change criteria, be relaxed in order to allow employees in seven managerial titles to move laterally into the new Manager 4, Natural Resources Fisheries and Manager 4, Natural Resources, Wildlife titles.

ACTION: The Merit System Board granted the request.

There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, November 20, 2002, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD


 
 
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