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
Robert J. Long

A regular meeting of the Merit System Board was held on Wednesday, December 18, 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; Elizabeth Laufer, 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: October 25, 2002

TO: Ida L. Castro, Commissioner
Department of Personnel

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

SUBJECT: Change in the Classification Plan-Interim Re-allocation of the Supervisor of Cash Management, Treasury from the Competitive to the Non-Competitive Service

The Department of Treasury requests the reallocation of the title, Supervisor of Cash Management, Treasury M33 from the Competitive Division to the Non-Competitive Division for one pay period only. The Treasury appointing authority states the cash management functions for the State of New Jersey are centralized within the Department of Treasury's Office of Management and Budget (OMB). This position is responsible for all banking services required by the State of New Jersey. The employee in this position interacts with high-ranking bank officials to authorize State banking transactions, to resolve statewide banking problems and to ensure that banks provide the highest level of services possible for the State of New Jersey.

The current provisional incumbent was recruited based on his qualifications since he performed similar functions in private industry. The Department of Treasury is requesting this action due to the current financial and operational challenges being faced and the difficulty in recruiting someone with the qualifications needed to meet these challenges for the state.

Therefore, in accord with N.J.A.C. 4A: 3-1.2 (c), we request on behalf of Treasury, that this title be temporarily assigned to the Non-Competitive Division of the Career Service for one pay period to effectuate a permanent appointment to Supervisor of Cash Management, Treasury.

Movement to the Non-Competitive Division
Effective: for one pay period following approval

Supervisor of Cash Management, Treasury
50064    M33    NC    NL12

DATE: September 13, 2002

TO: Ida L. Castro, Commissioner

FROM: Beth Van Marter, Acting Director
Division of Human Resource Management

SUBJECT: Change in the Classification Plan- Interim Re-allocation of the title of Auditor Accountant Trainee from the Competitive to the Non-Competitive Service

The Department of Treasury requests that the Auditor Accountant Trainee title be allocated to the Non-Competitive Division of the Career Service on an interim basis from January 1, 2003 to June 30, 2003.

Due to the early retirement initiative, Treasury's Division of Taxation will be filling an additional sixty (60) positions for Auditor Accountant Trainee. While some of these appointments will be made from the 31 eligibles on the current certification list, the list is not sufficient to fill all the vacancies, which need to be filled as soon as possible. Therefore, the Department is initiating a college recruitment effort to attract more candidates expected to graduate in December 2002. Treasury would like to bring the selected candidates on board as soon as possible. The period requested for non-competitive status, however, would cover any Spring semester college recruitment effort that may still be necessary.

Last year, Treasury hired 164 employees in the title of Auditor Accountant Trainee, 49 of these were minorities. They contributed this success to the Department of Personnel's support and Merit System Board approval of the title to the Non-Competitive Division on a temporary basis, which allowed for the accelerated recruitment and selection of college students in response to the need to hire large numbers at a given time. Additionally, the non-competitive process provides more flexibility for Treasury to target colleges with minority student populations within and outside New Jersey populations. This goal has been very clearly communicated by the administration, for this hiring initiative.

Moving this title out of the Competitive and into the Non-Competitive Division would allow for an effective and efficient college recruiting effort without some of the recruitment and time limitations that would be present in an open competitive exam process.

The Department of Treasury has provided notification to Robert Pursell and Rae Roeder of the Communication Workers of America of their request for this action to the Department of Personnel.

Therefore, in accord with N.J.A.C. 4A: 3-1.2(c), the Division of Human Resource Management supports Treasury's request that this title be temporarily assigned to the Non-Competitive Division of the Career Service for a "window" from January 1, 2003 until June 30, 2003. We intend to assign it back to the Competitive Division once this period has elapsed.

Movement to the Non-Competitive Division
Effective: January 1, 2003

Auditor-Accountant Trainee
50960    P95    NC    **12

Return to the Competitive Division
Effective: July 1, 2003

Auditor-Accountant Trainee
50960    P95    C    **12

WITHDRAWAL OF APPEALS

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

Judith Casiano, Welfare Interviewer, Bilingual Spanish/English, City of Jersey City, good faith layoff.

Osvaldo Castro, Heavy Equipment Operator, Department of Public Works, Township of Aberdeen, suspension.

Josephine DeFeis, Family Service Specialist 3, Division of Youth and Family Services, Department of Human Services, release at the end of the working test period.

Antonio Rivera, Youth Worker, Division of Youth and Family Services, Department of Human Services, removal.

Christopher Silva, Police Captain, Police Department, Township of Little Egg Harbor, removal.

Mark Webb, Public Safety Telecommunicator, Department of Emergency Services, County of Hunterdon, 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:

John Grays, Cottage Training Technician, Hunterdon Developmental Center, Department of Human Services, removal.

James Holloway, Jr., Laborer, Highway Department, County of Burlington, suspension.
Anna Krall, Building Maintenance Worker, Department of Public Works, City of Jersey City, good faith layoff.

John Lebron, Police Officer, Police Department, City of Newark, suspension.

John Wills, Jr., Laborer, Highway Department, County of Burlington, suspension.

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Carla Alexander
Division of Youth and Family Services
Department of Human Services
Removal

In the Matter of Gloria Jean Berry
Division of Elections
Department of Law and Public Safety
Suspension

In the Matter of Davida Bowman
Department of Corrections
Return to permanent title at the end of the working test period

In the Matter of Louise Ciriaco
Township of Brick
Department of Public Safety
Suspension

In the Matter of Alice Corbin
County of Mercer
Department of Public Safety
Suspension

In the Matter of Tanisha Dennis
Department of Law and Public Safety
Release at the end of the working test period

In the Matter of Stephanie Payne
Greenbrook Regional Developmental Center
Department of Human Services
Suspensions (4) and removal

In the Matter of Reolo Wallace
Trenton Psychiatric Hospital
Department of Human Services
Suspension

In the Matter of Lawrence Wheeler
City of Passaic
Police Department
Suspension

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

A-2 ANDREW JUTTNER
Andrew Juttner, Firefighter, City of Plainfield, Department of Public Affairs/Safety, eight-day suspension on the charge of violation of Fire Department rules and regulations.

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

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

A-3 NOEMIO OLIVEIRA
Noemio Oliveira, Police Sergeant, City of Newark, Police Department, 12-day suspension on charges of violation of Police Department rules regarding disobedience of orders and neglect of duty.

Recommendation of the Administrative Law Judge - Uphold the 12- day suspension.

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

 

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



A-4 TONY RICHEY
Tony Richey, Senior Custodian, Newark School District, 30-day suspension on charges of conduct unbecoming a public employee, neglect of duty and other sufficient cause.

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-5 PATRICK J. WALSH
Patrick J. Walsh, Judiciary Clerk 2, Hudson Vicinage, Judiciary, release at the end of the working test period effective September 21, 2001.

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

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a resignation in good standing.

A-6 TRACEY ANDINO
Tracey Andino, County Correction Sergeant, County of Hudson, Department of Corrections, removal effective May 21, 2001, on charges of incompetency, inefficiency or failure to perform duties, insubordination, conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-7 KAREN BONACICH
Karen Bonacich, Recreation Leader, Township of Middletown, Parks and Recreation Department, removal on charges of insubordination, conduct unbecoming a public employee, neglect of duty, misuse of public property, and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-8 ZULMA CABRERA
Zulma Cabrera, Sheriff's Officer, County of Hudson, Sheriff's Department, removal effective October 18, 2000, on charges of conduct unbecoming a public employee.

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

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

A-9 GEORGE DEPAUL
George DePaul, Police Officer, City of Newark, Police Department, removal effective July 2, 1998, on charges of violation of Police Department rules regarding absence from duty for five consecutive days, absence without leave, and obedience.

Recommendation of the Administrative Law Judge - Modify the removal to resignation in good standing effective July 2, 1998.

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

 

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

A-10 ROBERT LOCKETT (REMAND
Robert Lockett, Industrial Manager 2, State Use Industries, A.C. Wagner Youth Correctional Facility, Department of Corrections, removal effective March 15, 2000, on charges of conduct unbecoming a public employee, neglect of duty and misuse of public property, including motor vehicles.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-11 JOSEPH PASZUL
Joseph Paszul, Plumber, County of Hudson, Public Resources Department, removal effective May 24, 2001, on charges of insubordination, neglect of duty and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-12 GERALD THOMPSON
Gerald Thompson, Clerk Typist, Department of Environmental Protection, removal effective March 5, 2002, on charges of conduct unbecoming a public employee, theft of state property, falsification and violation of internal agency procedures.

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 DENISE TURNER
Denise Turner, Human Services Assistant, Trenton Psychiatric Hospital, Department of Human Services, removal effective August 17, 2000, on charges of falsification, leaving an assigned work area without permission, but not creating a danger to persons or property, insubordination, threatening, intimidating, coercing or interfering with fellow employees on state property and verbal abuse of a patient, client, resident or 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 ROSEMARY VILLA
Rosemary Villa, Hospital Attendant, County of Burlington, Buttonwood Hospital, removal effective October 16, 2000, on charges of chronic or excessive absenteeism or lateness, other sufficient cause and failure to report to work as scheduled.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-15 DANNY KELLY
Danny Kelly, Head Cook 3, Mid-State Correctional Facility, Department of Corrections, removal effective December 28, 2000, on charges of discrimination that effects equal employment opportunity, conduct unbecoming a public employee, and verbal abuse of an employee, inappropriate physical contact or mistreatment of an employee, an threatening intimidating, harassing, coercing, or interfering with a fellow employee on state property. This matter was previously presented to the Merit System Board at its meeting of November 20, 2002, and was held over for a summary of the hearing testimony.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-16 ANN MARIE COLLINS-COLE
Ann Marie Collins-Cole, Assistant Tax Collector, City of Clifton, Finance Department, removal effective November 23, 1998, on charges of incompetence, inefficiency, failure to perform duties, chronic absenteeism or lateness and other sufficient cause.

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

 

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

A-17 JAMES WATSON
James, Watson, Police Officer, City of Newark, Police Department, 25-day suspension on charges of violation of Police Department rules regarding disobedience of orders, outside employment and false statements.

Recommendation of the Administrative Law Judge - Reverse the 25-day suspension.

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

 

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

SECTION B - MISCELLANEOUS MATTERS
B-1 GENEVA JACKSON
Geneva Jackson, an Institutional Trade Instructor at 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 denied.

B-2 MARIANNE KNAPP
Marianne Knapp, a Cottage Training Supervisor at Hunterdon Developmental Center, Department of Human Services, represented by J. Scott DeMasi, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-3 TYLA LORIA
Tyla Loria, a Claims Adjudicator Support Specialist 2 with the Department of Labor, represented by Adam Paskoff, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-4 HECTOR LUCIANO
Hector Luciano, 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 denied.

B-5 KERIN PERRY
Kerin Perry, a Principal Clerk Typist with the Office of Administrative Law, appeals the denial of sick leave injury (SLI) benefits.

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

B-6 CYNTHIA RAILEY
Cynthia Railey, a Cottage Training Technician with the 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-7 PAMELA SCHULER
Pamela Schuler, a Principal Clerk Typist with the Department of Health and Senior Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-8 WERNER WATKINS
Werner Watkins, a Forest Fire Observer with the Department of Environmental Protection, appeals the denial of sick leave injury (SLI) benefits.

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

B-9 ANTON WILLE
Anton Wille, a Senior Correction Officer at Albert C. Wagner Youth 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 denied.

B-10 MICHAEL J. BRAND
Michael J. Brand, represented by Michael D. Miller, 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 Correction Officer Recruit (S9999B), Department of Corrections, eligible list due to an unsatisfactory criminal record.

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

B-11 ANGELINA CAMACHO
Angelina Camacho appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove her name from the Security Guard (C1402B), Essex County, eligible list on the basis of an unsatisfactory driving record.

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

B-12 RICHARD E. DITMAR
Richard E. Ditmar, appeals the decision of Human Resource Information Services which upheld the removal of his name from the Supervisor 1 (Division of Motor Vehicles) (PS0132T), Department of Transportation, eligible list due to his failure to respond to the Notice of Certification.

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

B-13 DESIREE HOANG
Desiree Hoang appeals the decision of Human Resource Information Services (HRIS) which removed the appellant's name from the special reemployment lists for Customer Service Representative 2 (Special) and Customer Service Representative 3 (Special) due to the appellant's failure to respond to the certification notices.

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

B-14 MICHELLE KINSEY
Michelle Kinsey appeals the determination of the Division of Human Resource Information Services (HRIS) which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the County Correction Officer Middlesex County (S9999B) eligible list, as the result of the falsification of her employment application. The appellant also appeals the Department of Corrections' (DOC) request to remove her name from the Correction Officer Recruit (S9999B) eligible list as the result of an unsatisfactory criminal history.

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

B-15 MATTHEW KUNZ
Matthew Kunz, represented by David J. DeFillippo, Esq., appeals the decision of the appointing authority to bypass his name on the Police Captain (PM3539C), Township of Jackson eligible list.

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

B-16 JOSEPH MCGOVERN
Joseph McGovern, represented by Ott J. Scerbo, Esq., appeals the decision of Human Resource Information Services (HRIS), which upheld the removal of his name from the eligible list for Police Officer (S9999B), City of Jersey City, on the basis of an unsatisfactory criminal record.

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

B-17 THOMAS N. PACULA
Thomas N. Pacula, represented by Howard J. Heald, 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 Fire Fighter (M2002A), City of Atlantic City, on the basis of an unsatisfactory background report.

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

B-18 DONALD VANAMAN
Donald Vanaman, represented by D. William Subin, Esq., appeals the decisions of Human Resource Information Services (HRIS), which found that the appointing authorities had presented a sufficient basis to remove the appellant's name from the Police Officer (S9999B), Mount Laurel Township, eligible list due to his failure to respond to the Notice of Certification and from the Police Officer (S9999B), Lower Township, eligible list due to the falsification of his employment application.

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

B-19 CHARLIE R. WHITE
Charlie R. White 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 County Correction Officer (S9999B), Essex County eligible list, due to his failure to appear for an interview.

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

B-20 DEBORAH BURNETTE AND EDWARD BURNETTE
Deborah Burnette, a Correction Sergeant, and Edward Burnette, a Director of Custody Operations 1, with Albert C. Wagner Youth Correctional Facility, Department of Correction (DOC), appeal the determinations of the Deputy Director, Equal Employment Division (EED), with the DOC, stating that the Burnettes failed to present sufficient evidence to support a finding that they 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 these appeals be denied.

B-21 STEVEN CICALA
Steven Cicala, an Investigator, County Medical Examiner's Office, 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 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-22 WILLIAM CURRY
William Curry, an Assistant Director with the Juvenile Justice Commission, Department of Law and Public Safety, represented by Stuart A. Tucker, Esq., appeals the determination of the Attorney General, stating that the appellant had 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 and Hostile Environments in the Workplace.

ACTION: The Merit System Board granted a hearing.

B-23 VITA GANGEMI
Vita Gangemi, a Personnel Assistant 4 at Riverfront State Prison (RFSP), Department of Corrections (DOC), represented by Cindy M. Perr, 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 appeal be denied.

B-24 MARY MALONEY
Mary Maloney, a Supervising Research Analyst (Youth and Family Services) with the Department of Human Services (DHS), appeals the determination of the Assistant Commissioner for Human Resources, DHS, 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 granted a hearing.

B-25 REGINA NORFLETT
Regina Norflett, a former Supervisor of Nursing Services (SON) with Hagedorn Gero-Psychiatric Hospital (Hagedorn), Department of Human Services (DHS), represented by Kathleen M. Gialanella, Esq., requests to be restored to the title of Assistant Director of Nursing Services 1, Psychiatric, and appeals the determination of the Assistant Commissioner for Human Resources at DHS, 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 these appeals be denied.

B-26 ARN OLSEN
Arn Olsen, a Crew Supervisor, Carpenters at East Jersey State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division, DOC, which found 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 remanded the matter back to the EED of the Department of Corrections for further investigation.

B-27 RICHARD PALUMBO
Richard Palumbo, a Sergeant First Class with the Division of State Police, 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 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 granted a hearing.

B-28 ALVIN PARKS
Alvin Parks, an Instructor Counselor with the North Developmental Center, Department of Human Services (DHS), appeals the determination of the Assistant Commissioner for Human Resources, DHS, 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-29 RUFUS C. SMITH, JR.
Rufus C. Smith, Jr., a Senior Correction Officer with East Jersey 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 directed that this appeal be denied.

B-30 IBRAHIM ABDUL-HAQQ
Ibrahim Abdul-Haqq, a former Fire Fighter with the City of Newark, represented by Eldridge Hawkins, Esq., petitions the Merit System Board (Board) for enforcement of that part of the Board decision rendered on February 1, 2000, granting him back pay, benefits and seniority. Appellant also requests counsel fees.

ACTION: The Merit System Board granted the appellant $274,931.85 in gross back pay, awarded him interest on the back pay amount at the annual rate set forth under New Jersey Court Rule, R. 4:42-11 from April 13, 2000 to February 25, 2002, granted him vacation time and sick time, granted him seniority from May 22, 1997 to February 25, 2002, but denied his request for counsel fees.

 

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

B-31 PRINCIPAL AUDITOR (M6290B), CITY OF NEWARK
The appointing authority's failure to proper dispose of the certification for Principal Auditor 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.

 

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

B-32 DAVID M. BERNOSKY
David M. Bernosky, represented by Henry J. Cistrelli, Esq., petitions the Merit System Board (Board) for reconsideration of the final administrative decision, rendered on May 29, 2002, in which the Board granted partial SLI benefits.

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

B-33 MIGUEL GUTIERREZ
The Department of Corrections requests reconsideration of the final decision of the Merit System Board rendered on September 18, 2001, which granted Miguel Gutierrez, a Senior Correction Officer at Riverfront State Prison, sick leave injury benefits (SLI) benefits.

ACTION: The Merit System Board vacated the prior decision.

B-34 JOHN RAUBE
John Raube, a Senior Correction Officer at Bayside State Prison, Department of Corrections, petitions the Merit System Board for reconsideration of the attached final administrative decision, rendered on May 23, 2002, which awarded him back pay, benefits and seniority.

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

B-35 KEVIN FREIBOTT
The appeal of Kevin Freibott, a Police Officer with the Township of Middletown, of his removal effective August 15, 2001 on charges, was heard by Administrative Law Judge Kathryn A. Clark (ALJ), who rendered her initial decision on August 6, 2002. At its meeting on November 7, 2002, the Merit System Board (Board) did not adopt the ALJ's recommendation to uphold the removal. Rather, the Board determined that a six-month suspension was warranted. 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 (Abstained)
  Robert J. Long (Yes)

B-36 GEORGE ROSKILLY
The appeal of George Roskilly, an Institutional Trade Instructor 2 with the Edna Mahan Correctional Facility for Women, Department of Corrections, of his removal, effective December 21, 2000, on charges, was heard by Administrative Law Judge John Schuster III (ALJ), who rendered his initial decision on October 7, 2002. At its meeting on November 20, 2002, the Merit System Board (Board) did not adopt the ALJ's recommendation to uphold the removal. Rather, the Board modified the removal to a 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 (Abstained)
  Alan Dexter Bowman (Yes)
  Josephine DiRienzo (Yes)
  Margaret E. L. Howard (Yes)
  Robert J. Long (Yes)

B-37 CREW SUPERVISOR, BUILDING MAINTENANCE PROGRAMS (PS769U)
The appointing authority requests permission not to make an appointment from the certification for Crew Supervisor, Building Maintenance Programs (PS0769U), Division of Property Management and Construction, Department of the Treasury.

ACTION: The Merit System Board granted the request for appointment waiver and directed that no costs be assessed.

B-38 LISA CHIARELLO
Catherine DiCostanzo, Mercer County Clerk, on behalf of Lisa Chiarello, 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 Principal Cashier (PC1565C), Mercer County.

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

B-39 MICHAEL CUNNINGHAM
Michael Cunningham appeals the determination of the Division of Selection Services which found him ineligible for the promotional examination for Police Sergeant (PM2526D), Jackson Township.

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

B-40 BRENDA K. GIBB-MOORE AND JOSEPH A. GORKA
Brenda K. Gibb-Moore and Joseph A. Gorka 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 Supervising Administrative Analyst (PS2441I), Department of Corrections.

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

B-41 BRYAN IANNI
Bryan Ianni appeals the pre-evaluation determination of the Department of Personnel (CSC) which found that he was below the minimum requirements in experience for the promotional title of Management Improvement Specialist 1, Department of Environmental Protection (DEP).

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

B-42 PAUL KONRAD
Paul Konrad appeals the determination of the Division of Selection Services that found that he did not meet the educational requirements for the promotional examination for Program Coordinator Mental Health (PS0798K), Trenton Psychiatric Hospital.

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

B-43 DAVID KUNKEL
David Kunkel appeals the determination of the Division of Selection Services which found that he was ineligible for the promotional examination for Police Chief (PM350D), Borough of Clementon.

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

B-44 DONALD LOCKE
Donald Locke appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the Project Manager, Transportation (PS2357T), Department of Transportation promotional examination.

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

B-45 LORI MAJESKI
Lori Majeski 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 Director of Finance (M6593C), Township of Scotch Plains.

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

B-46 GEORGE MCKAY
The appointing authority, on behalf of George McKay, appeals the determination of the Division of Selection Services that he did not meet the education and experience requirements for the promotional examination for Supervisor of Transportation Services (PS4030I), State Parole Board.

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

B-47 RAOUF NAOUM
Raouf Naoum appeals the determination of the Division of Selection Services, which found that he did not meet the educational requirements for the promotional examination for Network Administrator 1 (PC0496B), Passaic County Board of Social Services.

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

B-48 NICHOLAS SCHIPANI
Nicholas Schipani 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 Public Works Superintendent (PM1306C), City of Elizabeth.

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

B-49 PAUL SPEAS, DAVID YATES AND DONALD KELLY
Paul Speas, David Yates and Donald Kelly appeal the determination of the Division of Selection Services which found that they were ineligible for the promotional examination for Deputy Fire Chief (PM3593C), City of Camden. This matter was held over from the Merit System Board meeting of December 4, 2002.

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

B-50 ALBERT TARBOTTON
Albert Tarbotton appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, he was below the minimum requirements in experience for the promotional examination for Superintendent of Recreation (PM1847C), City of North Wildwood.

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

B-51 DYSHEA UPSHAW
Dyshea Upshaw appeals the decision of Camden County to remove her name from the County Correction Officer (S9999B), Camden County eligible list, on the basis of an unsatisfactory background and an unsatisfactory driving record.

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

B-52 MAGALY WALESKI
Magaly Waleski 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 Management Specialist (PC1547B), Hudson County.

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

B-53 JANICE DORAN AND ANGELA RUBIO
Janice Doran and Angela Rubio appeal their scores on the promotional examination for Principal Clerk (PC0772C), Mercer County Board of Social Services.

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

B-54 JOHN HUEGEL
John Huegel appeals his score for the promotional examination for Deputy Police Chief (PM4020C), City of Newark.

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

 

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

B-55 AMY TELFORD
Amy Telford appeals her score on the promotional examination for Manager 4 Environmental Protection (Technical/Scientific/Engineering) (PS3933G), Department of Environmental Protection.

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

B-56 JOHN AREZZI
John Arezzi appeals his score for the examination for Police Captain (PM3554B), West Orange.

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

B-57 EDWARD DEANGELO
Edward DeAngelo appeals his score for the examination for Police Captain (PM3557B), Ewing Township.

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

B-58 MICHAEL HORVATH
Michael Horvath, represented by Joel Miklacki Esq., appeals his score for the examination for Police Captain (PM3545B), Passaic City.

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

B-59 RONALD LUNETTA
Ronald Lunetta appeals his score for the examination for Police Captain (PM3557B), Ewing Township.

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

B-60 JAMES BASTAN
James Bastan appeals his score on the essay and oral portions of the promotional examination for Battalion Fire Chief (PM3569C), Jersey City.

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

B-61 JOHN FARRINGTON
John Farrington appeals his score on the oral portion of the promotional examination for Battalion Fire Chief (PM3569C), Jersey City.

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

B-62 JOSEPH GIANCASPRO
Joseph Giancaspro appeals his score on the essay portion of the promotional examination for Battalion Fire Chief (PM3569C), Jersey City.

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

B-63 JOSEPH HANEY
Joseph Haney appeals his score on the essay and oral portions of the promotional examination for Battalion Fire Chief (PM3565C), Atlantic City.

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

B-64 GREGORY LALLO
Gregory Lallo appeals his score on the essay portion of the promotional examination and the calculation of his final score for Battalion Fire Chief (PM3569C), Jersey City.

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

B-65 ANTHONY DELLA ROSA
Anthony Della Rosa appeals his score on the essay and oral portions of the promotional examination for Battalion Fire Chief (PM3569C), Jersey City.

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

B-66 ANTHONY FORLENZA
The Town of Boonton appeals the determination of the Director, Office of Intergovernmental Services, which denied its request for the transfer of Anthony Forlenza from the title of Campus Police Officer, Kean University, to the title of Police Officer, Town of Boonton.

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

B-67 MICHAEL O'BRIEN
The Borough of Fair Lawn requests that the provisions of N.J.A.C. 4A:4-7.1A(c) be relaxed in order to process the Intergovernmental Transfer of Michael O'Brien from the title of Campus Police Officer, Kean University, to the title of Police Officer, Borough of Fair Lawn.

ACTION: The Merit System Board granted the request.

B-68 AUDITOR/ACCOUNTANT TRAINEE
The Acting Director, Division of Human Resource Management, requests that the Auditor/Accountant Trainee title be allocated to the noncompetitive division of career service on an interim basis from January 1, 2003 to June 30, 2003.

ACTION: The Merit System Board granted the request.

B-69 FRANCESCA D'ANNA
Francesca D'Anna requests the opportunity to file an application for the promotional examination for the title of Unemployment Insurance Clerk (PS3482N), Department of Labor (DOL) after the closing date of the announcement, on the basis that she was on furlough at the time of the promotional announcement and received no notice of the announcement.

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

B-70 THOMAS DEPAUL
The appointing authority, on behalf of Thomas DePaul, appeals the determination of the Division of Selection Services that denied its request to waive the promotional examination for Police Chief (PM3574D), Borough of Wildwood Crest.

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

B-71 SALEM COUNTY ONE STOP CAREER CENTER
The County of Salem, represented by John G. Hoffman, Esq., appeals the determination of the Division of Human Resource Management that employees of the Salem County One Stop Career Center are civil service employees entitled to all the rights afforded under Title 11A, New Jersey Statutes.

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

B-72 SUPERVISOR NURSING SERVICES
The Communications Workers of America, Local 1040, on behalf of Marcia A. Kaplan, Janice P. Nurse, Patricia A. Szathmary, and Patricia A. White, and Grace M. Kovar, pro se, all of whom participated in the Supervisory Test Battery, appeal the validity of the test for the promotional examination for Supervisor Nursing Services (PS0899K), Trenton Psychiatric Hospital.

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

B-73 DARRELL MAJOR
Darrell Major appeals the decision of Division of Selection Services denying his request for a make-up examination for Police Sergeant (PM2530C), Newark. This matter was held over from the Merit System Board meeting of December 4, 2002.

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

B-74 RICHARD MCGOWAN
Richard McGowan requests that he be assigned a retroactive appointment date for record purposes.

ACTION: The Merit System Board denied the request.

B-75 SUPERVISOR OF CASH MANAGEMENT, TREASURY
The Acting Director, Division of Human Resource Management, requests that the title of Supervisor of Cash Management, Treasury, within the Department of the Treasury, be allocated to the noncompetitive division of the career service on an interim basis for one pay period.

ACTION: The Merit System Board granted the request.

B-76 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of December 4, 2002 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of December 4, 2002.

 

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

B-77 JEROME RANSOM
Jerome Ransom, a Senior Correction Officer, Juvenile Justice with the Juvenile Justice Commission, 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-78 MARIE C. SORGENTI
Marie C. Sorgenti, a Head Clerk with the Division of Family Services, 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-79 KENNETH BLEISTEIN
Kenneth Bleistein, represented by Stuart Alterman, Esq., appeals the decision of Human Resource Information Services (HRIS), which upheld the removal of his name from the special reemployment list for County Correction Sergeant (Special), Mercer County, on the basis of an unsatisfactory employment record.

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

B-80 SCOTT GORDON
Scott Gordon, represented by Rosalyn Cary Charles, Esq., appeals the City of East Orange's determination to remove his name from the Police Officer (S9999B), City of East Orange, eligible list due to unsatisfactory background report.

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

B-81 MICHELLE MCCLEOD
Michelle McCleod appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove her name from the eligible list for County Correction Officer (S9999B), Essex County on the basis that she failed to appear for initial processing of the applicants.

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

B-82 YANE PERALTA
Yane Peralta appeals the removal of her name from the eligible list for Correction Officer Recruit (S9999A), Department of Corrections, on the basis of her dismissal from the mandatory law enforcement training course approved by the Police Training Commission.

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

B-83 JOSEPH MCGUIRE
Joseph McGuire, a Police Lieutenant with the Town of Dover, represented by Steven A. Varano, Esq., appeals the appointing authority's action in appointing Harold P. Valentine to Police Chief.

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

B-84 LINDA SYKES
Linda Sykes, a Family Service Specialist 2 with the Division of Youth and Family Services, Department of Human Services, represented by Rosamarie Cipparulo, Esq., appeals her reassignment.

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

B-85 MEENAXI ACHARYA AND PALLAVI PATEL
Meenaxi Acharya appeals the determination of the Division of Selection Services which found that she did not meet the experience requirement for the promotional examination for Clinical Laboratory Evaluator 2 (PS4534H), Department of Health and Senior Services. Pallavi Patel appeals the determination of the Division of Selection Services which found that she did not meet the education requirements for the promotional examination for Clinical Laboratory Evaluator 2 (PS4534H), Department of Health and Senior Services.

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

B-86 KUL B. PHOGAT
Kul B. Phogat 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 Quality Assurance Specialist, Health Services (PS2008K), North Jersey Developmental Center, Department of Human Services.

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

B-87 OLGA ALEXANDER ET AL.
Olga Alexander, Catherine Kadar and Arlene Warrick appeal their scores on the promotional examination for Paralegal Specialist (PC2367A), Burlington County.

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

B-88 CHARLES LIND, JR.
Charles Lind, Jr. appeals his score on the oral portion of the promotional examination for Battalion Fire Chief (PM3569C), Jersey City.

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

B-89 TODD SPIOTTA
Todd Spiotta appeals the administration of the oral portion of the promotional examination for Battalion Fire Chief (PM3569C), Jersey City.

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

B-90 JOSEPH ZIEJA
Joseph Zieja appeals his score on the oral portion of the promotional examination for Battalion Fire Chief (PM3569C), Jersey City.

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

B-91 RANDY GEIS
The appeal of Randy Geis, a Fire Fighter with the City of Bayonne, concerning his release at the end of the working test period effective August 20, 2000, was heard by Administrative Law Judge Maria Mancini LaFiandra (ALJ), who rendered her initial decision on August 29, 2002 upholding the release. At its meeting on November 20, 2002, the Merit System Board (Board) reversed the release and granted the appellant permanent status. The proposed final decision is now submitted for the Board's review.

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

 

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

B-92 TIMOTHY FORD
Timothy Ford appeals his score on the oral portion of the examination for Police Captain (PM35356C), Fort Lee.

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

B-93 JOHN DRENNAN
John Drennan appeals his score on the oral portion of the promotional examination for Battalion Fire Chief (PM3569C), Jersey City.

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

B-94 JAMES MUELLER
James Mueller appeals his score on the oral portion of the promotional examination for Battalion Fire Chief (PM3569C), Jersey City.

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

B-95 MIGUEL CARRILLO, KARAMA THOMAS AND ANNIE EDWARDS
Miguel Carrillo, represented by Bette R. Grayson, Esq., Karama Thomas and Annie Edwards appeal the administration of the examination for Police Sergeant (PM2530C), Newark.

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

B-96 EARLY SETTLEMENTS
Alberto Delgado
Ancora Psychiatric Hospital
Department of Human Services
Suspension and Removal

Jason Farr
County of Burlington
Department of Buildings and Grounds
Release at the end of the working test period

Cajitan Orjih
Ancora Psychiatric Hospital
Department of Human Services
Suspension

Marlin Toney
Woodbine Developmental Center
Department of Human Services
Removal

Teresa Warrington
Division of Youth and Family Services
Department of Human Services
Suspension

ACTION: The Merit System Board acknowledged the settlements.

B-97 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of November 7, 2002 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of November 7, 2002.

 

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

There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, January 15, 2003, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
MARGARET E. L. HOWARD
MERIT SYSTEM BOARD MEMBER

 
 
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