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

Ida L. Castro, Chairwoman
Alan Dexter Bowman
Margaret E.L. Howard
Robert J. Long

A regular meeting of the Merit System Board was held on Wednesday, January 29, 2003, in Trenton, New Jersey.

PRESENT: Chairwoman Ida L. Castor, 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 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.

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The following appeals were withdrawn and removed from the hearing calendar:

Judy Adoranto, Cottage Training Supervisor, Woodbine Developmental Center, Department of Human Services, suspension.

Stephen Cornick, Police Officer, City of Newark Police Department, suspension.

Vincent Hoefling, Program Coordinator, Mental Health, Department of Human Services, removal.

Richard Lattanzio, Jr., County Correction Officer, Department of Public Safety, County of Mercer, removal.

Paul Liszka, Assistant Animal Control Officer, County of Bergen, removal.

William McDonald, Senior Correction Officer, Albert C. Wagner Youth Correctional Facility, Department of Corrections, suspension.

Linda V. McKeown, Head Nurse, Crest Haven Nursing Home, County of Cape May, removal.

Aaron Richardson, III, Security Guard, Newark Public School District, suspension.

Charles Rowan, Jr., Fire Fighter, Town of Kearny, removal and suspension.

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS

In the Matter of Florine Barron
Newark School District
Suspension

In the Matter of Salvatore DeSena
Borough of Fairview
List Bypass

In the Matter of Theodore A. B. Garrido
New Lisbon Developmental Center
Department of Human Services
Removal

In the Matter of Tanisha Green
Vineland Developmental Center
Department of Human Services
Removal

In the Matter of Susan Hunter
Southern State Correctional Facility
Department of Corrections
Suspension and Demotion to the position of Principal Clerk Typist

In the Matter of John Mascolo
Borough of Fairview
List Bypass

In the Matter of LaShawn R. Mealing
County of Monmouth
Sheriff's Office
Suspension

In the Matter of Ethel Robertson
County of Atlantic
Department of Human Services
Removal

In the Matter of Michael Scala
Borough of Fairview
List Bypass

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

A-2 GABRIEL ANGEMI, ET AL
Gabriel Angemi, et al, appeal their removal from the Firefighter eligible list on the basis of residency and the appellants' claim of discriminatory hiring practices by the appointing authority.

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

ACTION: The Merit System Board acknowledged the settlement with the exception of paragraph 6.

A-3 DENISE BAKER
Denise Baker, Correction Lieutenant, East Jersey State Prison, Department of Corrections, 30-day suspension on charges of racial and/or sexual harassment, discrimination and/or retaliation, conduct unbecoming a public employee, and inappropriate physical contact or mistreatment of an inmate, patient, client, resident or employee.

Recommendation of the Administrative Law Judge - The ALJ stated that the record supports a finding that the appellant should have been suspended, however no actual recommendation was made.

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to uphold the suspension.

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

A-4 ANTHONY R. SACCARO AND CHARLES CUTLER (CONSOLIDATION)
Anthony R. Saccaro, Fire Protection Subcode Official and Charles Cutler, Construction Official, Township of Allamuchy, Administration Department, appeal the good faith of their layoffs, effective April 2, 1999, for reasons of economy and efficiency.

Recommendation of the Administrative Law Judge - Reverse the layoffs.

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

A-5 RUSSELL FLUKER
Russell Fluker, Truck Driver, City of Newark, Department of Neighborhood and Recreational Services, ten-day and 20-day suspensions and removal effective October 27, 2000, on charges of, inter alia, insubordination, conduct unbecoming a public employee, neglect of duty, failure to perform duties, and misuse of public property, including motor vehicles and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the ten-day and 20-day suspensions and removal.

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

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

A-6 JERRY GARLINGTON
Jerry Garlington, Head Cook 3, Garden State Correctional Facility, Department of Corrections, removal and an indefinite suspension effective November 9, 2000, on charges of criminal actions, use, possession or sale of any controlled dangerous substance, conspiracy to distribute controlled dangerous substance and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Dismiss the appeal as moot.

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

A-7 CHARLES HATCHER
Charles Hatcher, Senior Correction Officer, Northern State Prison, Department of Corrections, removal effective July 11, 2000, on eighteen separate charges of chronic or excessive absenteeism.

Recommendation of the Administrative Law Judge - Modify the removal to a resignation in good standing.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A motion was made and seconded that the open session be recessed and that, pursuant to Section 12(b) of the Open Public Meetings Act, the Merit System Board entered into Executive Session for the purpose of legal advice on the matter of A-8 George A. Lopez. The Board subsequently reconvened the public meeting.

A-8 GEORGE A. LOPEZ
George A. Lopez, County Correction Captain, County of Cumberland, Sheriff's Department, removal effective October 8, 1986 on various administrative charges.

Recommendation of the Administrative Law Judge - Award back pay and benefits for the period from October 8, 1986 to December 3, 1987 and for the period from October 23, 1997 to July 9, 1999, and also award counsel fees.

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to award back pay from October 8, 1986 to July 9, 1999 and awarded counsel fees.

A-9 LAGRETTA MOORE
Lagretta Moore, Senior Correction Officer, New Jersey State Prison, removal effective September 13, 1999, on charges of, inter alia, conduct unbecoming a public employee, and violation of rules regarding improper or unauthorized contact with an inmate, undue familiarity with inmates, safety and security, personal conduct, and inappropriate physical contact or mistreatment of an inmate, 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-10 THOMAS ANG AND SCOTT SMITH (CONSOLIDATION)
Thomas Ang and Scott Smith, Emergency Medical Technicians, City of Ocean City, Department of Public Safety, ten-day suspensions and removals for both Ang and Smith and an additional 30-day suspension for Smith, on charges of insubordination, excessive absenteeism, inability to perform work and inability to perform the essential functions of the job. Additionally, Smith was charged with failure to perform duties and neglect of duty.

Recommendation of the Administrative Law Judge - Uphold the suspensions and removals.

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

A-11 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. This matter was previously presented to the Merit System Board at its regular meeting of January 15, 2003, and was held over for lack of quorum.

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

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

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

A-12 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. This matter was previously presented to the Merit System Board at its regular meeting of January 15, 2003, and was held over for lack of quorum.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

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

A-13 BRIAN L. CARUTH
Brian L. Caruth, Senior Correction Officer, East Jersey State Prison, Department of Corrections, removal effective July 16, 2001, on charges of use, possession, or sale of any controlled dangerous substance and conduct unbecoming an employee. This matter was previously presented to the Merit System Board at its regular meeting of December 4, 2002, and was held over for testimony summary.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

SECTION B - MISCELLANEOUS MATTER
B-1 PEDRO RODRIGUEZ
Pedro Rodriguez, represented by Fred Shahrooz Sampato, Esq., appeals his rejection as a Fire Fighter candidate by the City of Elizabeth and its request to remove his name from the eligible list on the basis of psychological unfitness to perform the duties of the position.

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

B-2 JAMES L. JOHNSON
James L. Johnson, an Automotive Mechanic with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.

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

B-3 STEPHEN KEY
Stephen Key, a former 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 granted in part.

B-4 DARRIN R. NOVAK
Darrin R. Novak, 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 granted.

B-5 SANDRA POWELL
Sandra Powell, a Senior Medical Security Officer at Ann Klein Forensic 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-6 LINDA SZABO
Linda Szabo, an Assistant Deputy Public Defender 2 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-7 MICHAEL CASSIDY
Michael Cassidy appeals the decision of Human Resource Information Services, which removed the appellant's name from the regular reemployment list for Senior Clerk, Mercer County Board of Social Services, due to the appellant's unavailability at the time of certification.

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

B-8 GLADSTONE MCLEAN II
Gladstone McLean II appeals the decision of Human Resource Information Systems, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9999B), Department of Corrections eligible list, on the basis of an unsatisfactory driving record.

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

B-9 KURT O. TESSEIN
Kurt O. Tessein appeals the determination of Human Resource Information Services, which upheld the removal of his name from the special reemployment list for Safety Specialist 2, Division of Motor Vehicles, on the basis of his failure to respond to a Notice of Certification.

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

B-10 TONI CARLOCK-LACOVARA
Toni Carlock-Lacovara, represented by Anthony J. Fusco, Jr., Esq., appeals the bypass of her name for appointment from the Police Officer (S9999B), Borough of Fairview eligible list.

ACTION: The Merit System Board granted a hearing.

B-11 WILLIAM BOYD
William Boyd, a Cottage Training Supervisor at Woodbine Developmental Center, 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 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-12 DENNIS DELVIN
Dennis Delvin, a former Director of Custody Operations 1 at Mountainview Youth Correctional Facility, 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 granted a hearing.

B-13 CAMMYLINE MAHAGA-AJALA
Cammyline Mahage-Ajala, a Supervising Family Service Specialist 2 with the Division of Youth and Family Services, 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 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 dismissed.

B-14 PATRICE MELFI
Patrice Melfi, a Head Clerk at South Woods State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division, with the DOC, stating that the appellant failed to present sufficient 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 granted a hearing.

B-15 DEBORAH PERE
Deborah Pere, a Special Staff Officer 3 with the Department of Military and Veterans Affairs (DMVA), represented by Virginia Wolf, Senior Staff Representative, CWA Local 1034, appeals the determination of the Adjutant General, 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-16 CYNTHIA PICCIOLO
Cynthia Picciolo, a Principal Audit Account Clerk - Typing with the Department of Health and Senior Services, represented by Jim Mulholland, Senior Staff Representative, CWA Local 1034, appeals the determination of the Commissioner, Department of Health and Senior Services, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to violations of the State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-17 ANITA O'LEARY
Anita O'Leary, a Senior Correction Officer at Edna Mahan Correctional Facility for Women, Department of Corrections (DOC), represented by Beth G. Baldinger, Esq., appeals the determinations of the Director, Equal Employment Division, stating that the appellant failed to present sufficient evidence to support a finding that had has 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-18 EVELYN SCOTT
Evelyn Scott, a Senior Building Maintenance Worker with the Marie Katzenbach School for the Deaf, Department of Education, appeals the determination of the Commissioner, Department of Education, 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-19 JOSEPH CAIATI
Joseph Caiati, a Police Captain with the Borough of Lodi, represented by Sharon Bittner Kean, Esq., petitions the Merit System Board for interim relief of his immediate suspension, effective October 2, 2002.

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

B-20 MICHELLE ROMANISHIN
Michelle Romanishin, Sheriff's Officer with the County of Cumberland, represented by John P. Morris, Esq., petitions the Merit System Board for interim relief of her removal, effective September 10, 2002.

ACTION: The Merit System Board denied the request for interim relief in part and granted back pay from October 11, 2002 to October 17, 2002.

B-21 JOHN RYDER
John Ryder, a Sheriff's Officer with Gloucester County, represented by David A. Avedissian, Esq., petitions the Merit System Board for interim relief of his 60-day suspension.

ACTION: The Merit System Board denied the request.

B-22 DAVID SZATKIEWICZ
David Szatkiewicz, a Police Officer with Andover Township, represented by Anthony J. Fusco, Jr., Esq., petitions the Merit System Board for interim relief of his 30-day suspension.

ACTION: The Merit System Board denied the request.

B-23 JOSEPH HORNICK
Joseph Hornick, a Fire Fighter with the City of Long Branch Fire Department, represented by David DeFillippo, Esq., seeks enforcement of the Merit System Board decision rendered on May 8, 2001, granting him back pay, benefits and seniority.

ACTION: The Merit System Board granted the appellant $279,918.63 for back pay minus any amounts deducted for the period of time appellant was unable to work and granted him vacation time, sick time, and seniority.

B-24 REGINALD FREDETTE
Reginald Fredette, a Senior Correction Officer at the Adult Diagnostic and Treatment Center, Department of Corrections (DOC), represented by Darryl M. Saunders, Jr., Esq., seeks counsel fees following the Merit System Board decision rendered on June 20, 2000, which acknowledged the rescission of the disciplinary action by the DOC and the appellant's reinstatement with mitigated back pay and benefits.

ACTION: The Merit System Board granted the appellant $5,628.40 in counsel fees.

B-25 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 adopted the final decision.

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

B-26 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 (PM33111V), 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 its 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 adopted the final decision.

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

B-27 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 adopted the final decision.

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

B-28 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 adopted the decision.

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

B-29 GERALDINE H. ADAMS AND LOUISE FITZPATRICK
Geraldine H. Adams and Louise Fitzpatrick 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 promotional examination for Supervising Contract Administrator (PS1772H), Department of Health and Senior Services.

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

B-30 ELIZABETH BADACZEWSKI
Elizabeth Badaczewski 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 Supervising dietitian (C3017C), Passaic County.

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

B-31 NICHOLAS I. CALENICOFF
Nicholas I. Calenicoff 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 Principal Procedures Analyst (S6506C) Northern State Prison.

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

B-32 DAVID E. EARL
David E. Earl appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in education for the promotional examination for Supervising Engineer 2, Surface Design (PS32293T), Department of Transportation.

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

B-33 ILENE GRIFFIN
Ilene Griffin 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 Administrative Analyst 3 (PS3486K), Division of Medical Assistance and Health Services, Department of Human Services, promotional examination.

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

B-34 DIANE HOFFNER
Diane Hoffner 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 Senior Technician, Management Information Systems (PS3261T), Department of Transportation.

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

B-35 KRISTINA A. HOFMANN
Kristina A. Hofmann appeals the determination of the Division of Selection Services which found that she did meet the educational requirements for the promotional examination for Assistant Manager, Bureau of Appraisals (PS3301T) Department of Transportation.

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

B-36 MARCIA HUIE
Marcia Huie 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 Supervisor Juvenile Unit Corrections (PS8359P), Juvenile Justice Commission.

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

B-37 GRACIELA MEDINA
Graciela Medina appeals the determination of the Division of Selection Services which found her ineligible for the promotional examination for Secretarial Assistant 3 (Non-Stenographic) (PS3216K), Department of Human Services, Division of Developmental Disabilities.

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

B-38 MARY SHAW
Mary Shaw appeals the determination of the Division of Selection Services which found her ineligible for the promotional examination for Secretarial Assistant 3 (Non-Stenographic) (PS3216K), Department of Human Services, Division of Developmental Disabilities.

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

B-39 JAMES SUSZYNSKI
James Suszynski 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 Deputy Director of Welfare (PC0650B), Burlington County Board of Social Services.

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

B-40 TINA WURZBACH
Doris Bush, County Treasurer, Sussex County, on behalf of Tina Wurzbach, 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 Supervising Account Clerk (PC1849C), Sussex County.

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

B-41 JOEL K. CAULTON
Joel K. Caulton appeals his score on the open-competitive examination for Aeronautical Operations Specialist (S9132C), Department of Transportation.

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

B-42 VINCENT GIGLIO
Vincent Giglio appeals his score on the promotional examination for Sheriff's Officer Sergeant (PC2507B), Monmouth County.

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

B-43 MICHELLE HOPKINS
Michelle Hopkins appeals her failing score on the promotional examination for Administrative Assistant 2 (PS4565K), Commission for the Blind and Visually Impaired.

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

B-44 RAYMOND M. KAUFFMAN AND KENNETH H. LANE
Raymond M. Kauffman and Kenneth H. Lane appeal their score and ranks on the promotional examination for Engineering Technician 2 (PS3507T), Department of Transportation.

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

B-45 JOSEPH LAVELLE
Joseph Lavelle appeals his score on the oral portion of the promotional examination for Fire Officer 2 (PM4012C), North Hudson Regional Fire and Rescue Service.

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

B-46 LOUIS MILONAS
Louis Milonas appeals his score on the open-competitive examination for Electrical Inspector (M9866D), City of Linden.

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

B-47 ANTHONY PANKIEWICZ
Anthony Pankiewicz appeals his score on the promotional examination for Principal Forensic Scientist (PS8578P), Division of State Police.

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

B-48 LUIS SANDERS
Luis Sanders appeals his score on the promotional examination for Hazardous Site Mitigation Specialist 1 (PS6633G), Department of Environmental Protection.

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

B-49 ROCCO SCANELLI
Rocco Scanelli appeals his score on the promotional examination for Human Resource Consultant 1 (PS2570C), Department of Personnel.

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

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

B-50 OSMAN KABBA
Osman Kabba appeals the validity of the open competitive examination for Human Resource Consultant 1 (S6140W), Department of Personnel.

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

B-51 DONALD KRULEWICZ
Donald Krulewicz, represented by G. Robert Wills, Esq., requests a clarification of the settlement agreement which granted him, as part of the settlement of a disciplinary action, a retroactive permanent appointment date to the title of Supervising Investigator, Taxation, effective January 30, 1999.

ACTION: The Merit System Board denied the request.

B-52 PROPOSED REACSCTION: N.J.A.C. 4A:1, GENERAL RULES AND DEPARTMENT ORGANIZATION
It is recommended that N.J.A.C. 4A:1, General Rules and Department Organization be readopted without changed.

ACTION: The Merit System Board adopted the proposal without change.

B-53 PROPOSED REACSCTION: N.J.A.C. 4:2, APPEALS, DISCIPLINE AND SEPARATIONS
It is recommended that N.J.A.C. 4A:2, Appeals, Discipline and Separations be readopted without change.

ACTION: The Merit System Board adopted the proposal without change.

B-54 PROPOSED REACSCTION WITH AMENDMENTS: N.J.A.C. 4A:5, VETERANS AND DISABLED VETERANS PREFERENCE
It is recommended that N.J.A.C. 4A:5, Veterans and Disabled Veterans Preference, which was proposed for readoption with amendments be readopted along with the proposed amendments.

ACTION: The Merit System Board adopted the proposal without change.

B-55 PROPOSED REACSCTION WITH AMENDMENTS: N.J.A.C. 4A:7, EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION
It is recommended that N.J.A.C. 4A:7, Equal Employment Opportunity and Affirmative Action be readopted without change.

ACTION: The Merit System Board adopted the proposal without change.

B-56 PROPOSED REACSCTION WITH AMENDMENTS: N.J.A.C. 4A:9, POLITICAL SUBDIVISIONS
It is recommended that N.J.A.C. 4A:9, Political Subdivisions be readopted without change.

ACTION: The Merit System Board adopted the proposal without change.

B-57 PROPOSED REACSCTION WITH AMENDMENTS: N.J.A.C. 4A:10, VIOLATIONS AND PENALTIES
It is recommended that N.J.A.C. 4A: 10, Violations and Penalties be readopted without change.

ACTION: The Merit System Board adopted the proposal without change.

B-58 PAUL BALDAUF, ET AL.
Paul Baldauf, Robert Hopkins, Nicholas Horiates, Victoria Jenkins, William Machotka and Scott Shymon request reconsideration of the final administrative determination in In the matter of Anthony Puniello, Section Chief, Technical Scientific Engineering (PS0192G), Department of Environmental Protection (decided September 13, 2002).

ACTION: The Merit System Board denied the request.

B-59 HOWARD BENWARD, ET AL.
The Division of Human Resource Management, on behalf of the Ocean County Board of Social Services, requests reconsideration of the final administrative decision rendered on September 10, 2002 which granted the appeals of Howard Benward, Robert Gooden, Jr. and Kenneth Kokoll.

ACTION: The Merit System Board granted the request.

B-60 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of January 15, 2003 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of January 15, 2003.

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

B-61 JOHN T. BROWN, SR.
The appeal of John T. Brown, Sr., a Senior Juvenile Detention Officer with Monmouth County, of his demotion to the position of Juvenile Detention Officer effective January 28, 2002, on charges was heard by Administrative Law Judge Solomon A. Metzger (ALJ), who rendered his initial decision on December 3, 2002. At its meeting on January 15, 2003, the Merit System Board adopted the ALJ's recommendation to uphold the appellant's demotion. 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 (Abstained)
  Margaret E. L. Howard (Yes)
  Robert J. Long (Yes)

B-62 GARY CARTER
The appeal of Gary Carter, a Security Guard with the Newark School District, of his six-month suspension beginning on August 20, 2001, on charges, was heard by Administrative Law Judge Leslie Z. Celentano (ALJ), who rendered her initial decision on November 25, 2002. At its meeting on January 15, 2003, the Merit System Board did not adopt the ALJ's recommendation to modify the six-month suspension to a three-month suspension. Rather, the Board modified the six-month suspension to a 15-day suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-63 EDISON MCLEAN
The appeal of Edison McLean, a Cook with Trenton Psychiatric Hospital, Department of Human Services, of his removal, effective May 19, 2000, on charges was heard by Administrative Law Judge Douglas H. Hurd (ALJ), who rendered his initial decision on October 29, 2002, upholding the appellant's removal. At its meeting on January 15, 2003, the Merit System Board modified the penalty to a three-month suspension and referred the appellant for counseling. 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 (Abstained)
  Margaret E. L. Howard (Yes)
  Robert J. Long (Yes)

B-64 DONALD FULLER
The appeal of Donald Fuller, Police Officer with the City of Newark Police Department of his removal, effective June 20, 2000 on charges, was heard by Administrative Law Judge Edith Klinger (ALJ), who rendered her initial decision on November 25, 2002. At its meeting on January 15, 2003, the Merit System Board adopted the ALJ's recommendation to uphold the removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-65 JOSEPH PRZYGOCKI
The appeal of Joseph M. Przygocki of the bypass of his name for appointment from the Chief Ranger 2 (PS5836G), Department of Environmental Protection eligible list was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on November 12, 2002, upholding the bypass. At its meeting on January 15, 2003, the Merit System Board affirmed the ALJ's decision. 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 (Abstained)
  Margaret E. L. Howard (Yes)
  Robert J. Long (Yes)

B-66 IVORY WARD
The appeal of Ivory Ward, a Senior Youth Worker with the Department of Military and Veterans Affairs concerning his removal effective February 9, 2001, on charges, was heard by Administrative Law Judge John Schuster, III (ALJ), who rendered his initial decision on October 9, 2002. At its meeting on January 15, 2003, the Merit System Board did not adopt the ALJ's recommendation to modify the removal to two six-month suspensions. Rather, the Board ordered that the matter be remanded to the Office of Administrative Law for further proceedings. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the decision.

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

B-67 CHERYL ANDREWS-PAYSINGER
Cheryl Andrews-Paysinger appeals her failing scores on the promotional examination for Human Resource Consultant 2 (PS2009C) and (PS4189C), Department of Personnel.

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

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

B-68 ELIZABETH CENTINARO, ET AL.
Elizabeth Centinaro, Virginia Floodman, and Annie Seale appeal 50 test items on the promotional examination for Human Resource Consultant 2 (PS3009C) and PS4189C), Department of Personnel.

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

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

B-69 REJEAN LALIBERTE
Rejean Laliberte appeals his rank and score on the open competitive examination for Construction Official (M9665C), Berkeley Township.

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

B-70 JAMES A. SCHULZ
James A. Schulz appeals his score and rank on the unassembled examination for Crew Supervisor, Radio Technicians (PS0976P), Division of State Police.

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

B-71 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). This matter was held over from the Board's January 15, 2003 meeting.

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

B-72 ANTHONY WOODSON
Anthony Woodson, represented by Oliver Lofton, Esq., requests reconsideration of the final administrative determination in In the Matter of Anthony Woodson, Police Captain (PM3532C), East Orange (decided July 31, 2002).

ACTION: The Merit System Board denied the request.

B-73 CODE ENFORCMENT OFFICER (M0041O) PROGRAM MONITOR (M6278O) AND COMMUNITY SERVICE AIDE/SENIOR CLERK (M6631A), JERSEY CITY (BS) AND (APB)

In its recent decision, In the Matters of Code Enforcement Officer (M0041O), Jersey City; Program Monitor (M6278O), Jersey City; and Community Service Aide/Senior Clerk (M6631A), Jersey City, 349 N.J. Super. 426 (app. Div. 2002), the court reversed and remanded to the Merit System Board, certain issues involving the titles Code Enforcement Officer and Community Service Aide/Senior Clerk, which were the basis of the Board's determinations, rendered August 8, 2000 and January 7, 2001, respectively.
ACTION: The Merit System Board directed that this appeal be granted in part and denied in part.

B-74 EARLY SETTLEMENTS
Carolyn Bass
Division of Youth and Family Services
Release at the end of the working test period

Nona Collins
Woodbridge Developmental Center
Department of Human Services
Resignation not in good standing

Elizabeth Torres
Woodbine Developmental Center
Department of Human Services
Removal

Vito Vacirca III
College of New Jersey
Release at the end of the working test period.

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, February 19, 2003, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD

 
 
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