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

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

A regular meeting of the Merit System Board was held on Wednesday, April 23, 2003, in Trenton, New Jersey.

PRESENT: Chairwoman Ida L. Castro, Merit System Board members, Margaret E. L. Howard and Robert Long; Barbara Bereski, 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, 2003, 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The following appeals were withdrawn and removed from the hearing calendar:

Marion Cangialosi, Clerk Stenographer, Passaic County Board of Social Services, suspension.

Pierre Emanuel, Correction Lieutenant, Northern State Prison, Department of Corrections, suspension.

Mark Loyd, Security Guard, Newark Public School District, suspension.

Janet Martinez, Sheriff's Officer, Sheriff's Office, County of Middlesex, suspension.

Ronald McClelland, Police Sergeant, Department of Public Safety, Township of Middlesex, suspension.

Michael Meano, Maintenance Supervisor, North Bergen Utilities Authority, removal.

Josephina Vidal, Social Case Worker, City of Jersey City, good faith layoff.

DISMISSAL OF APPEALS - FAILURE TO APPEAR
The Merit System Board dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:

Robin M. Brown, Custodial Worker, Newark School District, suspension.

Patrick Calabro, Boiler Operator, Jersey City School District, suspension.

Lavelle Davis, Building Maintenance Worker, Newark Housing Authority, suspension.

Reilly Glasgow, Accounting Assistant, Newark Housing Authority, removal.

Lana Harrison, Ward Clerk, Runnells Hospital, County of Union, suspension.

Javier Lester, Communications Operator, Secured Facilities, Adult Diagnostic and Treatment Center, Department of Corrections, release at the end of the working test period.

Lauren Schwartz, Family Service Specialist Trainee, Division of Youth and Family Services, Department of Human Services, release at the end of the working test period.

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS

Eric Dare
Township of Monroe
List removal

Josh Hickson
Township of Teaneck
Police Department
Removal

Ned Hicks
Department of Human Services
List bypass

Kisha Hunter
Jersey City School District
Release at the end of the working test period

Yolanda Lucas
Judiciary, Essex Vicinage
Suspension and removal

Craig Weekes
City of Atlantic City
Department of Health and Human Services
Removal

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

A-2 RICHARD BERGEMANN
Richard Bergemann, Judiciary Account Clerk I, Judiciary, Essex Vicinage, Division of Finance, 15-day suspension on charges of conduct unbecoming a public employee and insubordination.

Recommendation of the Administrative Law Judge - Uphold the 15-day suspension.

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

A-3 MARTY DIAS
Marty Dias, Police Officer, City of East Orange, Police Department, six-month suspension on charges of failure to perform duties and neglect of duty.

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

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

A-4 FREDERICK DUSCHE
Frederick Dusche, Police Officer, Township of West Orange, Police Department, 30-day suspension on the charge of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Modify the 30-day suspension to a six-month suspension.

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

A-5 CYNTHIA JOHNSON
Cynthia Johnson, a County Correction Officer, County of Union, Department of Public Safety, 15-day suspension on charges of incompetency or failure to perform duties and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the 15-day suspension.

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

A-6 CARL STANFORD (REMAND)
Carl Stanford, Head Cook 1, New Jersey State Prison, Department of Corrections, indefinite suspension, on charges of actions involving criminal matters and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Reverse the indefinite suspension.

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

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

A-7 VICTOR GARY
Victor Gary, Senior Juvenile Detention Officer, County of Passaic, Department of Youth Services, 30-day suspension on charges of conduct unbecoming an employee and discrimination that affects equal employee opportunities including, sexual harassment. This matter was previously presented to the Merit System Board at its meeting of March 26, 2003 but was held over for a summary of the testimony.

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

ACTION: The Merit System Board reversed the recommendation of the Administrative Law Judge to uphold the 30-day suspension.

SECTION B - MISCELLANEOUS MATTERS
B-1 VINCENT A. COLWELL
Vincent A. Colwell, represented by Michael L. Prigoff, Esq., appeals his rejection as a Police Officer candidate by the City of Linden and its request to remove his name from the eligible list for Police Officer 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 GARY BOHN
Gary Bohn, a Correction Lieutenant at Southern State Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-3 ANNE HENRY
Anne Henry, a Head Nurse at Greystone Park Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-4 JAMES H. JONES
James H. Jones, a Senior Correction Officer with East Jersey State Prison, Department of Corrections (DOC), represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-5 STANLEY MOORE
Stanley Moore, an Employment Counselor with the Department of Labor, represented by Ken McNamara, 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-6 TIMOTHY MORRIS
Timothy Morris, a Senior Correction Officer with East Jersey State Prison, 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-7 LORNA L. SAMUELS
Lorna L. Samuels, a Human Services Assistant at Trenton Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this matter be referred to the Medical Examiner's Panel.

B-8 FRANK VARGO
Frank Vargo, a Parks Maintenance Specialist 1 with the Department of Environmental Protection, represented by Thomas C. Jardim, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-9 DIANE WASSON
Diane Wasson, an Investigator 1, Taxation with the Department of the Treasury, represented by Stuart J. Alterman, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-10 JOSEPH BORRELLI
Joseph H. Borrelli appeals the determination of the Division of Human Resource Information Services, which upheld the removal of his name from the Fire Fighter (M2069A), City of New Brunswick eligible list on the basis that he resided outside the residency scope.

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

B-11 THOMAS D'ANGELO
Thomas D'Angelo appeals the decision of the appointing authority to bypass his name on the Senior Sanitary Inspector (PC0781A), Warren County eligible list.

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

B-12 DENNIS DELGADO
Dennis Delgado, represented by William B. Hildebrand, Esq., appeals the decision of Human Resource Information Services, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the eligible list for Police Officer (S9999B), City of Camden, on the basis of an unsatisfactory criminal record.

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

B-13 ROBERT GREGORY
Robert Gregory appeals the decision of the Division of Human Resource Information Services, which upheld the removal of the appellant's name from the Correction Officer Recruit (S9999D), Department of Corrections, eligible list due to an unsatisfactory criminal record and for not completing the pre-employment process.

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

B-14 DAVID L. JONES
David J. Jones appeals the determination of the Division of Human Resource Information Services (HRIS) which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9999D), Department of Corrections (DOC) eligible list on the basis of an unsatisfactory criminal background.

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

B-15 GEORGE KAPRIELIAN
George Kaprielian appeals the decision of Human Resource Information Services (HRIS), which removed his name from the Correction Officer Recruit (S9999B), Department of Corrections (DOC) eligible list, due to the appellant's failure to complete preemployment processing.

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

B-16 FADY KHOURY
Fady Khoury, represented by James M. Mets, Esq., appeals the decision of Human Resource Information Services (HRIS), which upheld the removal of his name from the eligible list for County Correction Officer (S9999B), Bergen County, on the basis of an unsatisfactory background report.

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

B-17 MICHAEL NESTOR
Michael Nestor appeals the decision of Human Resource Information Services, which upheld the removal of his name from the Correction Officer Recruit (S9999B), Department of Corrections eligible list due to his failure to respond to a certification and his failure to complete preemployment processing.

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

B-18 JACQUELINE E. TYLER
The Atlantic City Housing Authority appeals the decision of Human Resource Information Services, which restored Jacqueline E. Tyler's name to the Housing Manager (PM0338D), Atlantic City Housing Authority, eligible list, for future certifications.

ACTION: The Merit System Board directed that this appeal be denied and that the appellant's name remain on the subject eligible list.

B-19 CARL WILCOX
Carl Wilcox appeals the decision of Human Resource Information Services, which upheld the removal of his name from the eligible list for Correction Officer Recruit (S9999B), Department of Corrections, on the basis of an unsatisfactory driving record.

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

B-20 MARTHA HICKS
Martha Hicks, a Senior Correction Officer with the Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division, with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

ACTION: The Merit System Board directed that this matter be remanded to the Department of Corrections for further investigation.

B-21 MATTHEW KNIGHT
Matthew Knight, a Correction Sergeant at Albert C. Wagner Youth Correctional Facility, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division (EED), with the DOC, stating that the appellant had failed to present sufficient evidence to support a finding that he had been subject 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-22 ROBERT MITCHELL
Robert Mitchell, a Senior Correction Officer with the Garden State Reception and 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 directed that this appeal be denied.

B-23 GEORGE D. SMITH
George D. Smith, a Trooper 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 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-24 AKACHI ADIBEMMA
Akachi Adibemma, a Human Services Technician at Greystone Park Psychiatric Hospital, Department of Human Services, requests a retroactive date of appointment and back pay.

ACTION: The Merit System Board granted the request for a retroactive date of appointment but denied the request for back pay.

B-25 VINCENT UCCI
Vincent Ucci, a Police Lieutenant with the City of Newark, requests a retroactive date of appointment.

ACTION: The Merit System Board denied the request.

B-26 JUNIOR WATTS
Junior Watts, a Maintenance Repairer, Low Pressure License with the John L. Montgomery Medical Home, Monmouth County, represented by Queen E. Payton, Esq., seeks counsel fees pursuant to the Merit System Board decision rendered on November 21, 2000, which reversed his removal and awarded him back pay, benefits, seniority and counsel fees.

ACTION: The Merit System Board granted the appellant $4,072.50 in counsel fees and granted him vacation time, sick time and seniority.

B-27 YVETTE GRIMSLEY
Yvette Grimsley, a former Senior Data Entry Machine Operator, with Central Reception and Assignment Facility, Department of Corrections, Represented by William L. Kauffman, CWA Staff Representative petitions the Merit System Board for reconsideration of the final administrative determination, rendered December 12, 2002, by the Director of Merit System Practices and Labor Relations, denying her request for a hearing concerning the appeal of her removal effective July 23, 2002, due to the untimely filing of her appeal.

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

B-28 HECTOR LUCIANO
Hector Luciano, represented by Henry J. Cistrelli, Esq., petitions the Merit System Board for reconsideration of the final administrative decision, rendered on December 18, 2002, in which the Board denied his appeal for SLI benefits.

ACTION: The Merit System Board denied the request.

B-29 RAYMOND MITCHELL
Raymond Mitchell, a Building Maintenance Worker/Groundskeeper with the Glassboro Housing Authority, Represented by Richard A. Dann, President, CWA Local 1085, requests immediate reinstatement to his position and back pay.

ACTION: The Merit System Board granted the request.

B-30 JOSEPH SCHARNITZ
Joseph Scharnitz, a County Correction Officer with Mercer County, represented by Frank M. Crivelli, Esq., requests Merit System Board review of his alleged demotion to the title of County Correction Officer.

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

B-31 DORIS WHYTE
Doris Whyte, a Day Care Center Technician with the Department of Human Services, represented by Bruce M. Gorman, Esq., petitions the Merit System Board for review of her vacation leave entitlement as a result of the decisions, dated April 10, 2001 and January 29, 2002, which granted her sick leave injury (SLI) benefits from June 2, 1999 until March 15, 2000.

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

B-32 SAMUEL HERNANDEZ
Samuel Hernandez, Senior Correction Officer, East Jersey State Prison, Department of Corrections, represented by William Toolen, Second Shift Representative, PBA Local 105, requests Merit System Board review of an official written reprimand.

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

B-33 ERIC ANDERSON
Eric Anderson appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, he did not meet the experience requirements for the promotional examination for Technical Support Specialist 2 (PS2443I), Department of Corrections.

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

B-34 LUCILLE APONTE AND BONITA CHRISTMAS
Lucille Aponte and Bonita Christmas 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 (Youth and Family Services) (PS0940K), Division of Youth and Family Services.

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

B-35 MELINDA ARMENTI
Melinda Armenti appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Technical Assistant 2, Treasury (PS4728U), Department of the Treasury.

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

B-36 GERALDINE BOCCANFUSO, ET AL.
Geraldine Boccanfuso, Nancy L. Dobronte, Patrick McGlone, and Evelyn White 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 Program Support Specialist 2 (Assistance Programs) (PS3777K), Division of Medical Assistance and Health Services.

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

B-37 PAUL J. BOLANOWSKI
Paul J. Bolanowski appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Equipment Operator (PC0216D), Hunterdon County.

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

B-38 RONALD BRANCH, ET AL.
Ronald Branch, Morgan Durham, and Elsie Walton appeal the determination of the Division of Selection Services, which found that they were below the minimum requirements in experience for the open competitive examination for General Supervisor, Building Service (C0098D), Atlantic County.

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

B-39 SHELVIE BRENNAN, ET AL.
Shelvie Brennan, Drewcilla Crutcher, JoAnn Dudley, Peter Esposito, Jr., Nancy Herman, Ellen M. Nardiello, June A. Mills and Marie E. Santa, represented by Colleen B. Reilly, Senior Staff Representative, CWA, Local 1034, appeal the decisions of the Division of Selection Services that they were ineligible for the promotional examination for Senior Building Maintenance Worker (PC1193D), County of Ocean on the basis that they were not permanent in the title of Building Maintenance Worker.

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

B-40 LISA BROMILEY
Lisa Bromiley appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Senior Training Technician (PS3237K), New Lisbon Developmental Center.

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

B-41 GREGORY CARR
Gregory Carr 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 Plumber (PC1015C), Cape May County.

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

B-42 BEVAN CARRUTHERS
Bevan Carruthers 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 Affirmative Action Officer 3 (S0024D), Mr. Carruthers also 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 Affirmative Action Specialist.

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

B-43 JAMES CASEY
James Casey appeals the determination of the Division of Selection Services, which found that he did not meet the license or registration requirements for the open competitive examination for Supervisor, Roads (M0240D), Lakewood Township.

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

B-44 ALAN R. COOPER
Alan R. Cooper appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, he was below the minimum requirements in experience for the promotional examination for Buyer (PS2162T), Department of Transportation.

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

B-45 DANNY FERRELL
Danny Ferrell appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, he did not meet the experience requirements for the promotional examination for Senior Training Technician (PS3237K), New Lisbon Developmental Center.

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

B-46 TOYA R. GEESTON
Toya R. Geeston appeals the determination of the Division of Selection Services, which found that she was below the minimum requirements in experience for the examination for Project Director, Nutrition Program (C6404C), Middlesex County.

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

B-47 GEORGE GIBSON
George Gibson 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 Administrator, Cultural and Heritage Affairs, (M6439C), City of Trenton.

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

B-48 JANET GILLIAM ET AL.
Janet Gilliam appeals the determination of the Division of Selection Services, which found that she did not meet the education and experience requirements for the promotional examination for Manager 3, Human Resources (PS3599K), Department of Human Services. Pheobe Page-Aski and Eileen Costello appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for the promotional examination for Manager 3, Human Resources (PS3599K), Department of Human Services.

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

B-49 THOMAS HAMILTON AND ROBERT SHAMROCK
Thomas Hamilton (PM2527D), Jersey City and Robert Shamrock (PM2532D), Long Branch appeal the determination of the Division of Selection Services, which found them ineligible for the promotional examination for Police Sergeant (various jurisdictions).

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

B-50 MICHELE JENKINS, ET AL.
Michele Jenkins, Chevalle Jones, and Tracy Walker appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for the open competitive examination for Affirmative Action Specialist 2 (S0025D).

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

B-51 JACQUELINE JENNINGS
Jacqueline Jennings appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Training Technician (PC0956C), Middlesex County.

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

B-52 BRIAN LOGAN, ET AL.
Brian Logan (PM2527D), Jersey City; Paul Loeffland (PM2535D), Middle Township; Mark DeLitta, represented by Patrick Toscano, Esq., and Michael O'Halloran (PM2539D), Nutley; Thomas Melvin and William Croonquist (PM2552D), Teaneck; and Andrew Hawkins (PM2556D), Willingboro appeal the determination of the Division of Selection Services, which found them ineligible for the promotional examination for Police Sergeant (various jurisdictions).

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

B-53 ERNEST NOSEDA
Ernest Noseda 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 Head Cook 2 (S0020D). Mr. Noseda also 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 Food Service Supervisor 4 (S0019D).

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

B-54 FRANK PAPA
Frank Papa appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, he did not meet the experience requirements for the promotional examination for Supervising Program Development Specialist (Corrections) (PS4971I), Department of Corrections.

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

B-55 RUTH A. PATTERSON
Ruth A. Patterson appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, she did not meet the experience requirements for the open-competitive examination for Program Monitor (C6601D), County of Passaic.

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

B-56 LAWRENCE RAUCH
The appointing authority, on behalf of Lawrence Rauch, 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 the title of Coordinator of Safety Programs (C6390C), Bergen County.

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

B-57 ROSEANNA RICHARDSON
Roseanna Richardson 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 Vocational Counselor, Corrections (PS2840P), Juvenile Justice Commission.

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

B-58 MYLES S. SEMPLE
Myles S. Semple 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 Engineer, (M6713C), City of Trenton.

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

B-59 ROBERT SIEG
Robert Sieg appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for Communications Operator (S0051D), State of New Jersey.

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

B-60 EILEEN TOOTHMAN
Eileen Toothman 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 Administrative Assistant 3 (PS553U), Office of Information Technology.

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

B-61 ANTHONY UDECHUKWU
Anthony Udechukwu appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Administrative Analyst 2 (Data Processing) (PS1388R), Board of Public Utilities.

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

B-62 JANET WATSON
Janet Watson appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Therapy Program Assistant (PS4186K), Ancora Psychiatric Hospital.

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

B-63 EVELYN WHITE
Evelyn White appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Program Development Specialist 1 (Medical Assistance) (PS0985K), Division of Medical Assistance and Health Services.

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

B-64 GWENDOLYN ARMSTRONG
Gwendolyn Armstrong appeals her score for the oral portion of the lateral qualifying examination for Supervising Family Service Specialist 2 (S0490A), Division of Youth and Family Services.

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

B-65 EFRAIN COSME
Efrain Cosme appeals his score for the oral portion of the lateral qualifying examination for Supervising Family Service Specialist 2 (S0490A), Division of Youth and Family Services.

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

B-66 MARYANN DANDREA AND VIRGINIA HORTON
Maryann Dandrea and Virginia Horton appeal their scores on the promotional examination for Secretarial Assistant 3 (Non-Stenographic) (PS2218K), Vineland Developmental Center.

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

B-67 GLORIA GLENN
Gloria Glenn appeals her score for the oral portion of the lateral qualifying examination for Supervising Family Service Specialist 2 (S0490A), Division of Youth and Family Services.

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

B-68 AYMAN A. KANDIL
Ayman A. Kandil appeals his score on the promotional examination for Principal Community Program Specialist (PS1275K), Department of Human Services.

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

B-69 JENNY KLINEBURGER
Jenny Klineburger appeals her score for the oral portion of the lateral qualifying examination for Supervising Family Service Specialist 2 (S0490A), Division of Youth and Family Services.

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

B-70 ANDREA MOODY
Andrea Moody appeals her score for the oral portion of the lateral qualifying examination for Supervising Family Service Specialist 2 (S0490A), Division of Youth and Family Services.

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

B-71 LESTER OHLER
Lester Ohler appeals his score on the promotional examination for Auditor 1 (PS4080F), Department of Education.

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

B-72 BARBARA SMOLARCZYK
Barbara Smolarczyk appeals her score on the open competitive examination for Social Worker 2 (S0004D) Statewide.

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

B-73 RANDY YELTON
Randy Yelton appeals his score for the oral portion of the lateral qualifying examination for Supervising Family Service Specialist 2 (S0490A), Division of Youth and Family Services.

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

B-74 TODD MITCHELL, ASA PARIS AND GARY VICTOR
Todd Mitchell (PX2599C), Passaic County; Asa Paris and Gary Victor (PC3002C), Mercer County appeal the written examination for County Correction Sergeant (various jurisdictions).

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

B-75 PATRICIA ANDREACCI
The Director, Division of Human Resource Management, on behalf of the Department of the Treasury, requests that Patricia Andreacci's out-of-title work experience be accepted to qualify her for the promotional examination for the title of Technical Assistant 2, Treasury (PS4782U), Department of the Treasury.

ACTION: The Merit System Board granted the request.

B-76 DIANE MERSON
The Director, Division of Human Resource Management, on behalf of the City of Sea Isle City, requests that Diane Merson's out-of-title work experience be accepted to qualify her for a prospective promotional examination for the title Tourism Representative.

ACTION: The Merit System Board granted the request.

B-77 SUSAN SCHMID
The Director, Division of Human Resource Management, on behalf of the City of Ocean City, requests that Susan Schmid's out-of-title work experience be accepted to qualify her for a prospective promotional examination for the title of Supervising Cashier.

ACTION: The Merit System Board granted the request.

B-78 MICHAEL AJAYI
Michael Ajayi appeals the determination of the Division of Selection Services denying his request for a make-up for the open competitive examination for Employment Specialist (C0109D), Essex County.

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

B-79 MANSINH CHAUDHARI
Mansinh Chaudhari petitions the Merit System Board for reconsideration of its decision rendered on October 9, 2002, in which the Board denied his request for a make-up for the promotional examination for Senior Engineer Materials (PS3650T), Department of Transportation.

ACTION: The Merit System Board granted the request.

B-80 NICHOLAS INACANNELLA, ET AL.
Nicholas Inacannella (PC2512D), Union County; Angel Concepcion (PM2520D), East Orange; Jeff Welsh (PM2524D), Fair Lawn; Glenn Critelli, Abad Perez and Frank Scarpa (PM2527D), Jersey City; and Adam Pharo (PM2534D), Manasquan; appeal the Determination of the Division of Selection Services, which denied their requests for a make-up examination for County Police Sergeant and Police Sergeant (various jurisdictions).

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

B-81 RAYMOND LATTANZIO, ET AL.
Raymond Lattanzio (PM2517D), Camden; Joseph Zemzicki, represented by Yasmyne Laverty, Esq., (PM2519D), Clifton; William Cotton (PM2520D), East Orange; Timothy Crowley and Juan Romaniello, represented by Peter Varsalona, Esq., Nelson Rivera, Represented by Daniel Welsh, Esq., and James Cowan, represented by Arnold Lakind, Esq. (PM2527D), Jersey City; appeal the determination of the Division of Selection Services, which denied their requests for a make-up examination for Police Sergeant (various jurisdictions).

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

B-82 STEPHEN AUGUSTINE
Stephen Augustine petitions the Merit System Board for reconsideration of the decision rendered on January 29, 2002 which denied his appeal regarding the administration of the written portion of the open-competitive examination for Fire Fighter (M9999A).

ACTION: The Merit System Board denied the request.

B-83 HARRY FEARON
Harry Fearon requests reconsideration of the final administrative determination in In the Matter of Harry Fearon, Fire Captain (PM3623A), Kearny (Merit System Board, decided May 15, 2002) which denied his appeal regarding his score on the oral portion of the examination.

ACTION: The Merit System Board denied the request.

B-84 SCOTT STREETER, ET AL.
Scott Streeter, Octavio Angelozzi, John DeLuisi, and Javier Rodriguez, represented by Sanford R. Oxfeld, Esq., request clarification of the Merit System Board decision rendered September 3, 1997, which granted them retroactive permanent appointment dates to the title of Firefighter effective August 1, 1994.

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

B-85 MICHAEL CARBONELLI
Michael Carbonelli, represented by Gregory A. Busch, Esq., appeals the administration and certification process for Police Sergeant and requests revival of the Police Sergeant (PM3776V), Paterson, eligible list to effect his appointment.

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

B-86 CHRISTOPHER BURNETT, ET AL.
Christopher Burnett, Todd Evans and Kathleen Kirvan appeal the correct responses to questions on the promotional examination for Fire Lieutenant (PM2614D), Mount Laurel Township.

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

B-87 PROPOSAL REGARDING PROPOSED REACSCTION: N.J.A.C. 4A:4, SELECTION AND APPOINTMENT
It is recommended that the proposal regarding readoption of N.J.A.C. 4A:4, Selection and Appointment be approved for publication in the New Jersey Register.

ACTION: The Merit System Board approved the proposal for publication.

B-88 EARLY SETTLEMENTS
Rhoderick Love
Ancora Psychiatric Hospital
Department of Human Services
Suspension

Raymond Neate
Woodbine Developmental Center
Department of Human Services
Removals (2)

Eric Reaves
Albert C. Wagner Correctional Facility
Department of Corrections
Removal

Robin Scott
Atlantic County
Department of Public Works
Suspension

Jorge M. Strang
County of Cumberland
Department of Corrections
Removals (2)

ACTION: The Merit System Board acknowledged the settlements.

B-89 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of April 9, 2003 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of April 9, 2003.

B-90 RAYMOND CIANFRANI, JR., AND RUBEN PEREZ
The Superior Court, Appellate Division has reversed and remanded the July 11, 2000 Merit System Board decision which determined that Raymond J. Cianfrani, Jr., and Ruben Perez did not meet the experience requirements for the promotional examination for General Supervisor Public Works (PM0698A), City of Camden.

ACTION: The Merit System Board directed that this appeal be granted and the General Supervisor Public Works (PM0698A), City of Camden list be revived and certified to the appointing authority.

B-91 ANTHONY T. FALCONIERO AND JAMES P. FALCONIERO
The Superior Court, Appellate Division, has reversed and remanded the August 8, 2000 decision of the Merit System Board which denied the appeals of Anthony T. Falconiero and James P. Falconiero challenging the scoring of their promotional examinations for Public Works Superintendent (PM0731A), City of Camden.

ACTION: The Merit System Board directed that the Public Works Superintendent (PM0731A), City of Camden, eligible list be voided and that an assembled examination be administered to all eligibles.

B-92 WILLIAM A. BAILEY
William A. Bailey appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in experience for the open competitive examination for Assistant Supervisor, Sewers/Assistant Supervisor, Water (PM1116D), Township of Aberdeen.

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

B-93 CORRECTION SERGEANT
Dennis Salamandra, Director, Office of Human Resources, Department of Corrections, requests that Performance Assessment Review (PAR) ratings not be utilized as part of the selection process for the Correction Sergeant (PS5613I) promotional examination.

ACTION: The Merit System Board granted the request.

There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, May 7, 2003, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD

 
 
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