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


Margaret E.L. Howard, Presiding
Josephine DiRienzo
Robert J. Long

A regular meeting of the Merit System Board was held on Wednesday, January 15, 2003, in Trenton, New Jersey.

PRESENT: Margaret E. L. Howard, Presiding Merit System Board Member, Merit System Board Members, Josephine DiRienzo, 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, Presiding Board Member Margaret E.L. Howard 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 December 2, 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: December 16, 2002

TO: Ida L. Castro, Commissioner
Department of Personnel

FROM: Elizabeth Van Marter, Acting Director
Human Resources Management

SUBJECT: Change in the Classification Plan

DEPARTMENT OF LAW AND PUBLIC SAFETY
The Department of Law and Public Safety requests permission to establish an apprentice title for fingerprint processing. This request is the last phase in the restructuring of the Fingerprint Processing Technician series. This restructuring was intended to consolidate and re-name the series and reduce the number of levels from six to five. These actions were discussed with representatives of the Departments of Personnel, Law and Public Safety and the appropriate negotiations' representative.

The Department wishes to eliminate the existing Trainee and entry-level titles and replace it with an Apprentice title. The Apprentice would serve a two-year training period and would be eligible for promotion to the existing, primary title of Fingerprint Processing Technician 1. The existing open-competitive list for the Trainee level has been approved by Selection Services to be made appropriate for the Apprentice title.

Since this Apprentice title requires a two-year training period, it is requested that the salary be established at two ranges below the primary title. The salary plan was developed jointly by internal compensation staff and the Department of Law and Public Safety.

We will eliminate both the Fingerprint Processing Technician Trainee and Fingerprint Processing Technician titles once all incumbents are moved to the appropriate titles in the restructured series.

ADDITION OF TITLE
Effective: 01/25/03

Fingerprint Processing Technician Apprentice
A12       C        3512

ELIMINATION OF TITLES
Note: The effective date will be determined after movement of all existing incumbents.

Fingerprint Processing Technician Trainee
A99-45010     C     **12

Fingerprint Processing Technician
A12-45012     C     3512       

December 31, 2002

TO: Ida L. Castro, Commissioner
Henry Maurer, Director
Merit System Practices and Labor Relations

FROM: Marjorie Schwartz, Assistant Commissioner
State and Local Operations

SUBJECT: Change in State Classification Plan

DEPARTMENT OF PERSONNEL
The Department of Personnel, State and Local Operations, is requesting the allocation of three positions to the Senior Executive Service. Each of these three positions will manage and administer the services of a separate Shared Services Center that provides a full range of human resource services, with the exception of labor relations.

These positions each report to the Director, Division of Employee Services; while the first addresses the HR needs of the Department of Community Affairs, the second addresses the Office of Information Technology, and the third addresses the Department of Agriculture. They each will set goals, objectives and performance standards for their Centers directly related to their customers' needs. Also, they will provide HR expertise to their respective agencies in the development of policy and planning related to the workforce. A review of the assigned job functions has been conducted and the positions meet the standards established for inclusion in the Senior Executive Service.

Allocation of Service
Effective date for all three: 10/07/02

From: To:
Not applicable - newly created position. Senior Executive Service
M98-90752 Position # 953219
Not applicable - newly created position. Senior Executive Service
M98-90752 Position # 951973
Not applicable - newly created position. Senior Executive Service
M98-90752 Position # 953215

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS

In the Matter of Joseph Agbaosi
Greystone Psychiatric Hospital
Department of Human Services
Removal

In the Matter of Derrick Brown
County of Essex
Sheriff's Office
Removal

In the Matter of Donald E. Dudich
New Jersey State Prison
Department of Corrections
Suspension

In the Matter of Keith Jackson
City of Orange
Police Department
Removal

In the Matter of Herbert Jones
City of Newark
Fire Department
Removal

In the Matter of John Musso
Vineland Developmental Center
Department of Human
Suspension

In the Matter of Olufeyikemi Sonubi
County of Monmouth
Department of Health Care Facilities
Resignation not in good standing

In the Matter of Joan Williams
County of Burlington
Buttonwood Hospital
Suspension


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

A-2 ARNOLD BORRERO
Arnold Borrero, Police Officer, City of Newark, Police Department, 30-day suspension (ten of these days held in abeyance) on charges of violation of Police Department rules regarding conduct in public and private, conduct unbecoming a public employee and disobedience of orders.

Recommendation of the Administrative Law Judge - Uphold the 30-day suspension (ten days held in abeyance).

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

A-3 JOHN T. BROWN, SR.
John T. Brown, Senior Juvenile Detention Officer, County of Monmouth, Department of Corrections and Youth Services, demotion to the position of Juvenile Detention Officer effective January 28, 2002, on charges of failure to observe department security rules, regulations, policies, procedures, directives, failure or neglect to perform official duty, deficient or inefficient job performance, failure to report incidents and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold demotion to the position of Juvenile Detention Officer.

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

A-4 GARY CARTER
Gary Carter, Security Guard, Newark School District, six-month suspension on charges of conduct unbecoming a public employee and other sufficient cause.

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

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a 15-day suspension.

A-5 SUSAN KARPOFF
Susan Karpoff, Clinical Psychologist, County of Middlesex, Department of Adult Corrections, appeals the good faith of her layoff, effective May 6, 2001, for reasons of economy and efficiency.

Recommendation of the Administrative Law Judge - Uphold the layoff.

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

A-6 JOSEPH M. PRZYGOCKI
Joseph M. Przygocki, appeals the bypass of his name for appointment from the Chief Ranger 2 (PS5136G), Department of Environmental Protection eligible list based on his claim of retaliation and active union involvement.

Recommendation of the Administrative Law Judge - Uphold the list bypass from the eligible list for Chief Ranger 2 (PS5136G).

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

A-7 LORENA SHAFFER, ET AL.
Lorena Shaffer and Noel Turner, both Assistant Supervisors of Professional/Residential Services, Connie Weidner, Supervisor of Professional/Residential Services, Cornelia McNear, Head Cottage Training Supervisor, Betty Wills, Cottage Training Supervisor, Edneldor White-Fazenbaker, Behavior Modification Program Technician, Monica Malone, Staff Clinical Psychologist 3, Delores Basco-Berenfeld, Head Nurse, and Tereatha Riley, Habilitation Plan Coordinator, 30-day suspensions on the charge of serious mistake due to carelessness which would result in danger to persons.

Recommendation of the Administrative Law Judge - Uphold the suspensions for Delores Basco-Berenfeld and Tereatha Riley and reverse the suspensions for the remaining appellants.

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

A-8 DONALD FULLER
Donald Fuller, Police Officer, City of Newark, Police Department, removal effective June 20, 2000, on charges of inability to perform duties, and violation of Police Department rules regarding official inefficiency or incompetency, and conduct in public and private.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-9 VON ERIC KAUKEANO
Von Eric Kaukeano, County Correction Officer, County of Burlington, County Jail, removal effective July 18, 2000, on charges of conduct unbecoming a public employee, discrimination that affects equal employment opportunity, including sexual harassment and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-10 EDISON MCLEAN
Edison McLean, Cook 12 Months, Trenton Psychiatric Hospital, Department of Human Services, removal effective May 19, 2000, on charges of creating a disturbance on state property and insubordination.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a 3-month suspension and referral to the Employee Advisory Service.

A-11 ROBERT NEMETH
Robert Nemeth, Sanitation Worker, City of Perth Amboy, Department of Public Works, removal effective January 3, 2002, on charges of neglect of duty and abandonment of employment.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-12 IVORY WARD
Ivory Ward, Senior Youth Worker, Military and Veteran's Affairs, removal effective February 9, 2001, on charges of contributing to an elopement or escape and neglect of duty, loafing, idleness or willful failure to devote attention to tasks which could result in danger to persons or property and falsification.

Recommendation of the Administrative Law Judge - Modify the removal to two six-month suspensions.

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

A-13 VIRGINIA MARRERO
Virginia Marrero, Police Officer, City of Newark, Police Department, ten-day suspension on charges of conduct unbecoming a public employee, and violation of Police Department rules regarding conduct in public and private.

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

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

A-14 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.

SECTION B - MISCELLANEOUS MATTER
B-1 BERNAL V. FORD III
Bernal V. Ford, III appeals his rejection as a Fire Fighter candidate by the City of Camden and its request to remove his name from the eligible list for Fire Fighter on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-2 MARK W. HENNESSEY
Mark W. Hennessey appeals his rejection as a Police Officer candidate by the City of Jersey City and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-3 JASON PATTEN
Jason Patten appeals his rejection as a Sheriff's Officer candidate by the County of Hudson and its request to remove his name from the eligible list for Sheriff's Officer on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-4 NORMAN ROGERS
Norman Rogers appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-5 TAKISHA C. CAMPBELL
Takisha C. Campbell appeals her rejection as a County Correction Officer candidate by Camden County and its request to remove her name from the eligible list for County Correction Officer on the basis of medical unfitness to perform effectively the duties of the position.

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

B-6 KAREN L. ALI
Karen L. Ali, a Judiciary Clerk 2 with the Judiciary, represented by Gail E. Richardson, Staff Representative, CWA Local 1034, appeals the denial of sick leave injury (SLI) benefits.

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

B-7 HOPE CHEEK
Hope Cheek, an Assistant Supervisor of Resident Living (Developmental Disabilities) 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 denied.

B-8 KEITH W. CHILDRESS
Keith W. Childress, a former Human Services Assistant with New Lisbon Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-9 PATRICIA CREWS
Patricia Crews, a Cottage Training Supervisor at Woodbridge Developmental Center, Department of Human Services, represented by Sarah A. Evans, Staff Representative, CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.

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

B-10 JOHN DI'TULLIO
John Di'Tullio, an Electrician with South Woods State Prison, Department of Corrections (DOC), appeals the denial of sick leave injury (SLI) benefits.

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

B-11 PATRICIA EPPS
Patricia Epps, a Human Services Assistant 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-12 CHARLES GOLDSTON
Charles Goldston, a Family Services Specialist 2 with the Division of Youth and Family Services, Department of Human Services (DHS), represented by Patrick Kavanagh, Staff Representative, CWA Local 1037, appeals the denial of sick leave injury (SLI) benefits.

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

B-13 ROBERT GOYDEN
Robert Goyden, a Teacher 1, 12 Months with the Garden State Reception and Youth Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-14 HERBERT MATTHEWS, JR.
Herbert Matthews, Jr., a Human Services Assistant at 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-15 TODD MURRAY
Todd Murray, a Senior Correction Officer with the Edna Mahan Correctional Facility for Women, 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-16 JEANNE SZLASA
Jeanne Szlasa, a Senior Building Maintenance Worker with Hagedorn Psychiatric Hospital, Department of Human Services appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board granted a hearing.

B-17 ROBERT THOMANN
Robert Thomann, a Highway Construction and Bridge Repairer 1 with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.

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

B-18 JOHN VALENTE
John Valente, a Principal Investigator, Public Defender with the Office of the Public Defender, appeals the denial of sick leave injury (SLI) benefits.

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

B-19 GERALDINE WILLIAMSON
Geraldine Williamson, a Human Services Technician with Trenton Psychiatric Hospital, Department of Human Services, represented by Paul A. Devlin, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-20 DIANE CANGAELOSI
Diane Cangaelosi appeals the decision of Human Resource Information Services (HRIS) which upheld the removal of her name from the special reemployment list for Safety Specialist 2 because she was no longer interested in the position.

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

B-21 LUKE COSTIGAN
Luke Costigan appeals the decision of Human Resource Information Services, which found that the appointing authority had presented a sufficient basis to remove his name form the eligible list for Police Officer (S9999B), Township of Verona, on the basis of falsification of his preemployment application.

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

B-22 STANLEY DIXON
Stanley Dixon appeals the decision of Human Resource Information Services which removed the appellant's name from the County Correction Officer (S9999B), Passaic County eligible list due to the appellant's failure to appear for a scheduled interview.

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

B-23 JEFFREY IANNACONE
Jeffrey Iannacone, represented by Gregory A. Busch, Esq., appeals the removal of his name from the eligible list for Police Officer (S9999A), City of Paterson (Paterson), on the basis that he was outside the residency scope. He also appeals the determination of the Division of Human Resource Information Services (HRIS) which upheld the removal of his name from the eligible list for Police Officer (S9999A), City of Clifton (Clifton) on the basis of an unsatisfactory background report. He further appeals the request of the City of Paterson (Paterson) to remove his name from the Police Officer (S9999B) eligible list on the basis of an unsatisfactory background report.

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

B-24 LEROY JOHNSON
Leroy Johnson appeals the removal of his name from the Carpenter's Helper (C6516W), Essex County, eligible list due to his failure to respond to the Notice of Certification.

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

B-25 EMILIO NAZARIO
Emilio Nazario 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 Sheriff's Officer (S9999B), Mercer County, on the basis of an unsatisfactory background report.

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

B-26 THURMAN MILLER
Thurman Miller appeals the decision of the Juvenile Justice Commission (JJC) to remove his name from the eligible list for Correction Officer Recruit, Juvenile Justice (S9999B) on the basis of falsification of his preemployment application.

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

B-27 ARIEL RIVERA
Ariel Rivera, represented by John J. Segreto, 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 Fire Fighter (M2079A), City of Paterson, eligible list, as a result of an unsatisfactory criminal record.

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

B-28 NEWMAN R. SMITH
Newman R. Smith, represented by Annette Verdesco, Esq., petitions the Merit System Board for enforcement of the final decision, rendered January 12, 1999, which ordered that he be appointed from the County Correction Officer (C0448S), County of Bergen, eligible list and be awarded a retroactive date of appointment upon completion of his working test period. The appellant also appeals the removal of his name from the subject eligible list on the basis of failure to respond to a Notice of Certification.

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

B-29 REGINA YAHARA-SPLAIN
Regina Yahara-Splain appeals the decision of Human Resource Information Services (HRIS) which removed the appellant's name from the special reemployment list for Senior Food Service Worker, 12 Months due to the appellant's failure to respond to the certification notice.

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

B-30 RALPH BATTEN
Ralph Batten, a Senior Repairer with South Woods State Prison, Department of Corrections (DOC), appeals the determination of the Director of the 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-31 ROBERT CIPOLLA
Robert Cipolla, a Sergeant First Class with the Division of State Police, Department of Law and Public Safety, appeals the determination of the Attorney General 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 to the Department of Law and Public Safety for further investigation.

B-32 MELANIE HALLEY
Melanie Halley, a Communications Operator at Bayside 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 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-33 PATSY LEFLORE
Patsy LeFlore, a Social Work Supervisor 2, Corrections at New Jersey State Prison, Department of Corrections, represented by Benjamin Spivack, CWA, Local 1040, appeals the determination of the Director, Equal Employment Division, 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 the appeal be denied with regard to the Social Work Supervisor 2, Corrections title. The Merit System Board granted a hearing with regard to the Social Work Supervisor 1, Corrections title.

B-34 ROBERT MARETZ
Robert Maretz, a Senior Correction Officer at East Jersey State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division (EED), with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that 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-35 ROCHELLE SPIVEY-PARKER
Rochelle Spivey-Parker, a Head Nurse with Forensic Psychiatric Hospital, 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 of 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-36 BRYAN J. BEHAN
Bryan J. Behan petitions the Merit System Board for reconsideration of its decision rendered on September 10, 2002 in which the Board determined that appellant was ineligible for the Chief Ranger 2 (PS3391G), Department of Environmental Protection, promotional examination.

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

B-37 DENNIS BENSTER
Dennis Benster, an Investigator 1 with the Department of Banking and Insurance, represented by Walter R. Bliss, Jr., Esq., requests reconsideration of the final decision of the Merit System Board rendered on May 15, 2002, 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 and that sufficient evidence was found that the appellant engaged in unprofessional and inappropriate conduct in the workplace and violated the State Policy.

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

B-38 FRANCES COHAN
The Superior Court of New Jersey, Appellate Division, has reversed the removal of Frances Cohan, effective November 27, 1997, and remanded the matter to the Merit System Board for reconsideration of the appellant's penalty. See Frances Cohan v. North Bergen Housing Authority (NBHA), Docket No. A-5662-00T1 (App. Div. November 6, 2002.

ACTION: The Merit System Board modified the removal to a three-month suspension.

B-39 WILLIAM DONNERSTAG
William Donnerstag, a part-time Senior Emergency Medical Technician (EMT) with the City of Passaic Police Department, petitions the Merit System Board for reconsideration of the final administrative decision, rendered on May 15, 2002, which awarded him back pay, pension (PERS) contributions and counsel fees.

ACTION: The Merit System Board granted the request for reconsideration in part and awarded an additional $4,255.33 in gross back pay.

B-40 TONI HILSIN

The Department of Environmental Protection, represented by Karen A. DuMars, Deputy Attorney General, petitions the Merit System Board for reconsideration of the final administrative decision, rendered December 18, 2001, reversing the layoff of Toni Hilsin.

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

B-41 BERNARD PETERS
Bernard Peters petitions the Merit System Board for reconsideration of that part of its decision rendered September 25, 2002, upholding the determination that he did not meet the education and experience requirements for the open-competitive examination for Senior Standards and Procedures Technician (S6446C).

ACTION: The Merit System Board granted the request for reconsideration and directed that the appellant's application be processed.

B-42 JOHNNY WALCOTT
Johnny Walcott petitions the Merit System Board (Board) for reconsideration of the final administrative decision, rendered September 10, 2002, which acknowledged a settlement agreement reached by the parties and which provided for the appellant's resignation in good standing, effective October 6, 2002. Mr. Walcott also appeals the determination of the Division of Selection Services that he did not meet the education requirements for the open-competitive examination for Assistant Director of Public Works (M6895A), City of Plainfield (Plainfield). Since both matter concern employment issues with Plainfield, they have been consolidated.

ACTION: The Merit System Board denied the request for reconsideration and dismissed the appeal as moot.

B-43 STEVEN CANTARA
Steven Cantara, Senior Correction Officer, East Jersey State Prison, represented by William Toolen, PBA Local 105, appeals an official written reprimand.

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

B-44 WINFRED L. CHRISTY
The Borough of Lindenwold appeals the decision of Human Resource Information Services which denied its request to amend the July 26, 1996 certification for Police Officer (M1847M) to reflect the appointment of Winfred L. Christy as a Police Officer effective March 26, 1997.

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

B-45 JAMES DEERY
James Deery appeals the decision f Middlesex County to record his name as interested for future certifications only on a certification of the County Correction Officer (S9999B), Middlesex County eligible list.

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

B-46 TERRI ANN FELLNER
Terri Ann Fellner, a former Clerk Typist with the Borough of Roselle, represented by Mark C. Rushfield, Esq., requests a hearing regarding her removal from her position without due process.

ACTION: The Merit System Board granted a hearing.

B-47 JAMES GAFFNEY
The Department of Environmental Protection and James Gaffney, represented by John Seiler, CWA Local 1034, seek acknowledgement of a March 20, 2002 settlement agreement between the parties.

ACTION: The Merit System Board acknowledged the settlement agreement.

B-48 TROY MICKENS
Troy Mickens, Senior Correction Officer, East Jersey State Prison, Department of Corrections, represented by William Toolen, PBA # 105, appeals minor discipline of an Official Written Reprimand and a three day suspension.

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

B-49 MAXIMO NINAL V. DEPARTMENT OF COMMUNITY AFFAIRS
Administrative Law Judge (ALJ) Robert J. Giordano issued an Order of Consolidation and Predominant Interest in the matter of Maximo Ninal v. Department of Community Affairs. Based on the ALJ's Order, the Merit System Board and the Public Employment Relations Commission developed a joint order modifying the ALJ's Order. The Order is submitted for the Board's adoption.

ACTION: The Merit System Board adopted the joint order.

B-50 MARGOT ROSENBERG
Margot Rosenberg, a Clinical Dietitian, Veterans Memorial Home - Paramus, represented by Benjamin Spivack, Senior Staff Representative, CWA Local 1040, appeals an official written reprimand issued by the Department of Military and Veterans Affairs.

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

B-51 VICTORIA SANIUK
Victoria Saniuk, a former Personnel Assistant 1 with the Division of Youth and Family Services (DYFS), Department of Human Services, represented by Stuart A. Tucker, Esq., seeks counsel fees following the Merit System Board decision rendered on January 29, 2002, which modified a 45-day suspension to a written reprimand and awarded her back pay, benefits, and seniority.

ACTION: The Merit System Board denied the request for counsel fees.

B-52 SENIOR LIBRARY ASSISTANT (PM0407B), TRENTON FREE PUBLIC LIBRARY
The appointing authority requests permission not to make an appointment from the certification for Senior Library Assistant (PM0407B), Trenton Free Public Library.

ACTION: The Merit System Board denied the request for appointment waiver and assessed $250 in administrative costs.

B-53 SYLVIA SERVIS
Sylvia Servis, formerly a Senior Correction Officer at Albert C. Wagner Youth Correctional Facility, Department of Corrections, appeals the appointing authority's refusal to pay for her unused vacation and sick leave after she received a disability retirement.

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

B-54 BRIAN L. SMITH
Brian L. Smith, a Police Officer with the Township of Pemberton (Township), represented by Steven R. Cohen, Esq., appeals the decision of the Township to reassign him.

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

B-55 RHONDA M. WILLIAMS
Rhonda M. Williams appeals the determination of Human Resource Information Services (HRIS) which upheld her non-appointment from the Supervising Program Development Specialist (PS0426H), Department of Health and Senior Services, eligible list.

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

B-56 BETTY JEAN KESSLER
The appeal of Betty Jean Kessler, a Practical Nurse at New Lisbon Developmental Center, Department of Human Services (DHS), of her removal, effective January 9, 2001, on charges, was heard by Administrative Law Judge Joseph F. Martone (ALJ), who rendered his initial decision on October 31, 2002. At its meeting on December 4, 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 six-month suspension. 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-57 ROBERT OCHES
The appeal of Robert Oches, a Deputy Police Chief with Middletown Township, of the bypass of his name on the eligible list for Police Chief (PM3311V), Middletown Township, was heard by Administrative Law Judge Joseph F. Martone (ALJ), who rendered his initial decision on July 15, 2002, upholding the bypass of the appellant's name. At it's meeting on December 4, 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-58 GEORGE DEPAUL
The appeal of George DePaul, a Police Officer with the Newark Police Department, of his removal and resignation not in good standing effective July 2, 1998, on charges, was heard by Administrative Law Judge Diana C. Sukovich (ALJ), who rendered her initial decision on June 21, 2002. At its meeting on December 18, 2002, the Merit System Board (Board) adopted the ALJ's recommendation to modify the removal and resignation not in good standing. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-59 DANNY KELLY
The appeal of Danny Kelly, a Head Cook 3 with Mid-State Correctional Facility, Department of Corrections, of his removal effective December 28, 2000 on charges, was heard by Administrative Law Judge Anthony T. Bruno (ALJ), who rendered his initial decision on October 11, 2002. At its meeting on December 18, 2002, the Merit System Board (Board) adopted the ALJ's recommendation to reverse the appellant's removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-60 PATRICK WALSH
The appeal of Patrick Walsh, a Judiciary Clerk 2 with the Hudson Vicinage, Judiciary, of his release at the end of working test period, effective September 21, 2001, was heard by Administrative Law Judge Carol I. Cohen (ALJ), who rendered her initial decision on November 19, 2002 upholding the release. At its meeting on December 18, 2002, the Merit System Board (Board) did not adopt the ALJ's recommendation. Rather, the Board modified the release to a resignation in good standing. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-61 JAMES WATSON
The appeal of James Watson, a Police Officer with the City of Newark, of his 25-day suspension, was heard by Administrative Law Judge William S. Jeremiah (ALJ), who rendered his initial decision on October 17, 2002, reversing the 25-day suspension. At its meeting on December 18, 2002, the Merit System Board (Board) ordered that the 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 directed that this matter be held over.

B-62 MICHAEL ALEXANDER
Michael Alexander appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the open competitive examination for Operating Engineer, Heating and Air Conditioning (S6441C).

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

B-63 PATRICIA BABIJ
Patricia Babij 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 promotional examination for Program Technician (PS4780U), Department of the Treasury.

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

B-64 WILLIE BAKER
Willie Baker appeals the determination of the Division of Selection Services that he did not meet the announced experience requirements for the promotional examination for Sanitation Superintendent (PM3075A), City of Newark.

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

B-65 THOMAS BARBERA
Thomas Barbera appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Assistant Training Supervisor County Welfare Agency (PC1521C), Camden County Board of Social Services.

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

B-66 MIRIAM BEBITCH AND KELLY FRIEDRICH
Miriam Bebitch and Kelly Friedrich appeal the determination of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Program Development Specialist 1 (Developmental Disabilities) (PS4040K), Division of Developmental Disabilities.

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

B-67 MARYLEE BEEBE
Marylee Beebe 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 Supervisor, Records Management (S6517C) open competitive examination.

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

B-68 ROBIN BETHEA-HOLLAND
Robin Bethea-Holland 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 Technical Assistant 1, Community Affairs (PS2457D), Department of Community Affairs.

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

B-69 ANTHONY BIELLO AND MARGARET LEWALLEN
Anthony Biello and Margaret Lewallen appeal the determination of the Division of Selection Services that they did not meet the announced requirements for the promotional examination for Human Services Specialist 4 (PC1342C), Mercer County.

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

B-70 JOHN BUTKUS AND STEVEN FRAZIER
John Butkus and Steven Frazier appeal the determination of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Landscape Technician (PS3928T), Department of Transportation.

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

B-71 DEVON T. BYFIELD, ET AL
Devon T. Byfield, Suketu M. Desai, and Jesus Guzman appeal the determination of the Division of Selection Services, which found that they did not meet the educational and/or experience requirements for the promotional examination for Network Administrator 1 (PC0496B), Passaic County Board of Social Services.

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

B-72 AMY DINDAK
Amy Dindak appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Program Assistant, Division of Developmental Disabilities (PS3247K), Woodbine Developmental Center.

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

B-73 NATALIE DOMINGUEZ
Natalie Dominguez appeals the determination of the Division of Selection Services that she did not meet the announced educational requirements for the promotional examination for Employment Counselor, Bilingual Spanish/English (PS4101N), Department of Labor.

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

B-74 DAVID FERNANDEZ
David Fernandez appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Landscape Technician (PS3928T), Department of Transportation.

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

B-75 SHERI FINE
Sheri Fine appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the County Representative, Human Services (PS1319K), Office of the Commissioner, Department of Human Services, promotional examination.

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

B-76 LAWRENCE FINN
Lawrence Finn appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in education for the open competitive examination for Director of Economic and Industrial Development (M6120B), City of Rahway.

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

B-77 MILTON FRANTZ
Milton Frantz appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for District Office Manager 2, Medical Assistance and Health Services (PS4305K), Division of Medical Assistance and Health Services.

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

B-78 HANNAH GAYLORD
Hannah Gaylord appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she did not meet the experience requirement for the promotional examination for Senior Income Maintenance Technician (PS1967K), Greystone Park Psychiatric Hospital.

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

B-79 THOMAS GILSON
Thomas Gilson appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examination for Management Specialist (C6842A), Hudson County.

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

B-80 DOUGLAS GLADMAN
Douglas Gladman appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examination for Loan Advisor (M0079D), Township of Irvington.

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

B-81 JAMES GREGORY AND JOSE MOLINA
James Gregory and Jose Molina 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 Supervisor of Building Services (PC1486C), Camden County.

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

B-82 KATHLEEN HOADLEY AND MICHAEL KELLY
Kathleen Hoadley appeals the determination of the Division of Selection Services which found that she did not meet the educational requirements for the promotional examination for Program Assistant, Division of Developmental Disabilities (PS3247K), Woodbine Developmental Center, Michael Kelly appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Program Assistant, Division of Developmental Disabilities (PS2347K), Woodbine Developmental Center.

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

B-83 PHILIP HORNER, ET AL.
Philip Horner, Thomas Mantel and Donald Parson appeal the determination of the Division of Selection Services, which found that, per the substitution clause for education, they were below the minimum requirements in experience for the promotional examination for Administrative Analyst 2 (PS1957U), Department of the Treasury.

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

B-84 MICHELINA KING
Michelina King appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the examination for the Administrative Secretary (PM1696C), Jersey City School District.

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

B-85 GREGORY KIRKHAM
Gregory Kirkham appeals the decision of the Division of Selection Services, which found that he did not meet the experience requirement for the open competitive examination for Inspector, Fire Safety (S2007B).

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

B-86 STEPHEN LIND
Stephen Lind appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the open-competitive examination for Aeronautical Operations Specialist (S9031A).

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

B-87 THOMAS LISTON
Thomas Liston appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Sanitation Driver (PM1399C), Little Egg Harbor Township.

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

B-88 WILLIAM MANTEI
William Mantei appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Assistant Municipal Recycling Coordinator (PM7079C), Freehold Township.

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

B-89 TAMARA MCCASKILL
Tamara McCaskill 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 Clerk Transcriber (PS3243K), North Jersey Developmental Center.

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

B-90 PATRICIA MCNAIR
Patricia McNair appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she did not meet the experience requirement for the promotional examination for Senior Buyer (PS4231G), Department of Environmental Protection.

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

B-91 CARRIE MEANS
Carrie Means appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for District Office Manager 2, Medical Assistance and Health Services (PS4305K), Division of Medical Assistance and Health Services.

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

B-92 SCOTT MESSIG
Scott Messig appeals the determination of the Division of Selection Services which found that he did not meet the experience requirement for the promotional examination for Assistant Engineer in Charge, Maintenance 1 (PS1802I), Edna Mahan Correctional Facility for Women.

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

B-93 ANTHONY MORAN
Anthony Moran appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examination for Dispatcher/Repairer (S6584D).

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

B-94 THERESA MORGAN, ET AL.
Theresa Morgan and Crystal Bronner-Verdejo, pro se, and Susan Graham, represented by Bernard J. McBride, Esq., appeal the determinations of the Division of Selection Services that they did not meet the requirements for the open-competitive examination for Program Support Specialist 1 (Assistance Programs) (S6444C).

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

B-95 ALEXANDER NEMETH AND EUGENE SERPENTELLI
Alexander Nemeth and Eugene Serpentelli 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 Assistant Administrative Analyst (C6195C), Ocean County.

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

B-96 PHILIP PACIULLI
Philip Paciulli appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in education and experience for the promotional examination for Assistant Fiscal Officer (PC0833D), Ocean County Board of Social Services.

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

B-97 SHIRLEY PHILLIPS
Shirley Phillips 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 Management Improvement Specialist 1 (PS3772K), Department of Human Services.

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

B-98 ROXANNE ROSS
Roxanne Ross appeals the determination of the Division of Selection Services, which found that she did not meet the education requirements for the open competitive examination for Teacher, Juvenile Facilities (C9526D), Cumberland County.

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

B-99 NANCY A. SHUTE
Nancy A. Shute 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 Supervisor of Claims (C3026D), Morris County.

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

B-100 EDWARD SMALL, SR.
Edward Small, Sr. appeals the decision of the Division of Selection Services, which found that he did not meet the certification and experience requirements for the promotional examination for Fire Chief (PM3507C), East Orange.

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

B-101 FRANCIS SPENCER
Francis Spencer appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the Supervisor, Records Management (S6517C) open competitive examination.

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

B-102 MAUREEN SUTTERLIN
Maureen Sutterlin 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 Management Improvement Specialist 1 (PS3772K), Department of Human Services.

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

B-103 STANLEY TABOR
Stanley Tabor appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examination for Human Services Specialist 1 (C0069D), Cape May County.

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

B-104 AMY VOWELL
Amy Vowell appeals the determination of the Division of Selection Services which found that she did not meet the education requirements for open competitive examination for Social Worker (C1408B), Ocean County.

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

B-105 PAUL AVERY
Paul Avery appeals his score on the oral portion of the promotional examination for Battalion Fire Chief (PM3594C), Bayonne.

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

B-106 EDWIN BISHOP
Edwin Bishop appeals his score on the oral portion of the promotional examination for Battalion Fire Chief (PM3570C), Newark.

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

B-107 JOSEPH DENISCIA
Joseph Deniscia appeals his score on the essay and oral portions of the promotional examination for Battalion Fire Chief (PM3567C), Elizabeth.

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

B-108 SCOTT EVANS
Scott Evans appeals his score on the oral portion of the promotional examination for Battalion Fire Chief (PM3565C), Atlantic City.

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

B-109 FRANK FANNING
Frank Fanning appeals his score on the oral portion of the promotional examination for Battalion Fire Chief (PM3573C), Trenton.

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

B-110 CARL HEITMEYER
Carl Heitmeyer appeals his score on the essay portion of the promotional examination for Battalion Fire Chief (PM3567C), Elizabeth.

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

B-111 ROBERT INDERWIES
Robert Inderwies appeals his score on the oral portion of the promotional examination for Battalion Fire Chief (PM3567C), Elizabeth.

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

B-112 JOHN LA BADIA
John La Badia appeals his score on the essay and oral portions of the promotional examination for Battalion Fire Chief (PM4013C), Belleville.

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

B-113 ROBERT LAVIN
Robert Lavin appeals his score on the essay and oral portions of the promotional examination for Battalion Fire Chief (PM3567C), Elizabeth.

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

B-114 ANDREW MARKEY
Andrew Markey appeals his score on the essay and oral portions of the promotional examination for Battalion Fire Chief (PM3568C), Hoboken.

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

B-115 ARTHUR MAURIELLO
Arthur Mauriello appeals his score on the essay and oral portions of the promotional examination for Battalion Fire Chief (PM3570C), Newark.

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

B-116 THOMAS MCNAMARA
Thomas McNamara appeals his score on the oral portion of the promotional examination for Battalion Fire Chief (PM3567C), Elizabeth.

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

B-117 JOHN PRACHAR
John Prachar appeals his score on the oral portion of the promotional examination for Battalion Fire Chief (PM3570C), Newark.

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

B-118 MARK RICCIARDI
Mark Ricciardi appeals his score on the essay and oral portions of the promotional examination for Battalion Fire Chief (PM3571C), Paterson.

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

B-119 STEPHEN SCARPULLA
Stephen Scarpulla appeals the scoring and the review of the promotional examination for Battalion Fire Chief (PM3570C), Newark.

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

B-120 PAUL SHROPSHIRE
Paul Shropshire appeals his score on the essay portion of the promotional examination for Battalion Fire Chief (PM3565C), Atlantic City.

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

B-121 JAMES SMITH, JR.
James Smith, Jr. appeals his score for seniority, and his score on the essay portion of the promotional examination for Battalion Fire Chief (PM3565C), Atlantic City.

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

B-122 DAVID TURNER
David Turner appeals his score on the oral portion of the promotional examination for Battalion Fire Chief (PM3573C), Trenton.

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

B-123 MICHAEL TURNER, JR.
Michael Turner Jr. appeals his score on the oral portion of the promotional examination for Battalion Fire Chief (PM3568C), Hoboken.

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

B-124 ANTHONY VANARELLI
Anthony Vanarelli appeals his score on the oral portion of the promotional examination for Battalion Fire Chief (PM3570C), Newark.

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

B-125 RAYMOND WITTE III
Raymond Witte III appeals his score on the oral portion of the promotional examination for Battalion Fire Chief (PM3570C), Newark.

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

B-126 MICHAEL GIACUMBO
Michael Giacumbo appeals his score on the essay and oral portions of the promotional examination for Fire Officer 2 (PM4012C), North Hudson Regional Fire and Rescue.

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

B-127 MICHAEL ORIENTE
Michael Oriente appeals his score on the oral portion of the promotional examination for Fire Officer 2 (PM4012C), North Hudson Regional Fire and Rescue.

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

B-128 STEPHEN AUGUSTINE, ET AL.
Stephen Augustine, Ali Brown, Mark Daltilio, Anthony D'Amore, Carlos Lugo, Francis McAndrew, Paul Scovil, Shamir Tyson and Lance Williams appeal the administration of the written portion of the open-competitive examination for Fire Fighter (M9999A).

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

B-129 JAMES NARDELLO
James Nardello appeals the test administration for the essay and oral portions of the promotional examination for Battalion Fire Chief (PM3568C), Hoboken.

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

B-130 GORDON PHERRIBO AND KEVIN MOORE
Gordon Pherribo and Kevin Moore appeal the test administration for the essay portion of the promotional examination for Battalion Fire Chief (PM3565C), Atlantic City and for Fire Officer 2 (PM4012C), North Hudson Regional Fire and Rescue.

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

B-131 GARY CZOCK
Gary Czock appeals his score and rank and the validity of the test for the promotional examination for Section Chief, Waste Management (Technical/Scientific) (PS0423G), Department of Environmental Protection.

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

B-132 JANICE CUONO
Janice Cuono appeals the determination of the Division of Selection Services which found that she did not have the required amount of permanent status as of the closing date for the promotional examination for Senior Account Clerk (PM1402C), Freehold Borough.

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

B-133 DEPUTY MUNICIPAL DEPARTMENT HEAD, MIDDLETOWN TOWNSHIP
The Township of Middletown (Township), represented by Township Attorney Bernard M. Reilly, appeals the decision of the Department of Personnel's Division of Human Resource Management (HRM) denying its request to create a Deputy Municipal Department Head title in the unclassified service.

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

B-134 ELLEN EIFERT
Ellen Eifert appeals the determination of the Division of Selection Services which found that she did not have the required amount of permanent status in a title to which the examination was open as of the closing date for the promotional examination for Senior Librarian (PC0272D), Camden County.

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

B-135 SARAH MICAI
The Director, Division of Human Resource Management, on behalf of the Department of Personnel of Environmental Protection, requests that Sarah Micai's out-of-title work experience be accepted to qualify her for a lateral title change to Technical Assistant, Management Information Systems, Department of Environmental Protection.

ACTION: The Merit System Board granted the request.

B-136 ESTEFANIA OBLEA
Estefania Oblea requests a make-up for the promotional examination for Claims Examiner UI-DI (PS0705N) and Claims Examiner UI-DI (Bilingual in Spanish/English) (PS0706N), Department of Labor.

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

B-137 PEACHES ZAMOR-ALLEN
Peaches Zamor-Allen requests a make-up test for the promotional examination for Assistant Supervisor Resident Living (Developmental Disabilities) (PS3865K), Woodbridge Developmental Center, Department of Human Services.

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

B-138 SALARY REGULATIONS: FY 2003, SUPPLEMENTS 1 AND 3: FY 2002, SUPPLEMENT 5: FY 2001, SUPPLEMENT 5: AND FY 2000, SUPPLEMENT 3
It is recommended that the Salary Regulations, Supplement 1 and 3 for Fiscal Year 2003; Supplement 5 for FY 2002; Supplement 5 for FY 2001; and Supplement 3 for FY 2000 be recorded.

ACTION: The Merit System Board recorded the salary regulations.

B-139 RICHARD ALFONSE
Richard Alfonse appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the open competitive examination for Storekeeper (C0128D), Burlington County.

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

B-140 JONATHAN WHEELER
Jonathan Wheeler appeals his score on the essay and oral portions of the promotional examination for Battalion Fire Chief (PM3570C), Newark.

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

B-141 TRACEY ANDINO
The appeal of Tracey Andino, a County Sergeant with Hudson County Department of Corrections, of her removal, effective May 21, 2001, was heard by Administrative Law Judge Margaret M. Hayden (ALJ), who rendered her initial decision on November 12, 2002. At its meeting on December 18, 2002, the Merit System Board (Board) adopted the ALJ's recommendation to reverse the removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit system Board adopted the final decision.

B-142 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of December 18, 2002 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of December 18, 2002.

B-143 ANN MARIE COLLINS-COLE
The appeal of Ann Marie Collins-Cole, an Assistant Assessor with the City of Clifton, of her removal, effective November 23, 1998 on charges, was before Administrative Law Judge William S. Jeremiah (ALJ), who rendered his initial decision on October 22, 2002. At its meeting on December 18, 2002, the Merit System Board (Board) adopted the ALJ's recommendation to uphold the removal. The proposed final decision is now submitted for the Board's review.

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

B-144 MICHAEL CURTIN
Michael Curtin appeals his score on the essay and oral portions of the promotional examination for Battalion Fire Chief (PM3567C), Elizabeth.

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

B-145 SALARY REGULATIONS, SUPPLEMENT 2, FY 2003 (NURSES)
It is recommended that the Salary Regulations, Supplement 2, FY 2003, Special Incentive Program (Nurses) be recorded.

ACTION: The Merit System Board recorded the Salary Regulations.

B-146 EARLY SETTLEMENTS
Avis Bussey
Ancora Psychiatric Hospital
Department of Human Services
Suspensions

Robert H. Foster
Commission for the Blind and Visually Impaired
Department of Human Services
Suspension and removal

Tessa Howard
Ancora Psychiatric Hospital
Department of Human Services
Removal

Caroline Little

Hunterdon Developmental Center
Department of Human Services
Removal

Bernice McQueen
City of Newark
Police Department
Removals (2)

Laurel Micci
Hagedorn Geriatric Psychiatric Hospital
Department of Human Services
Removal

George Showell
Ancora Psychiatric Hospital
Department of Human Services
Suspensions

Ruth Wallace
North Jersey Developmental Center
Department of Human Services
Removal

ACTION: The Merit System Board acknowledged the settlements.

There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, January 29, 2003 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
MARGARET E. L. HOWARD, PRESIDING
MERIT SYSTEM BOARD MEMBER


 
 
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