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

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

A regular meeting of the Merit System Board was held on Wednesday, May 7, 2003 in Trenton, New Jersey.

PRESENT: Margaret E. L. Howard, Presiding Board Member and Merit System Members, Alan Dexter Bowman, Josephine DiRienzo, 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, 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: April 4, 2003

TO: Ida Castro, Commissioner

FROM: Elizabeth Van Marter, Director, Human Resource Management

SUBJECT: Change in the State Classification Plan

SHARED SERVICES I
The Shared Services Center I of the Department of Personnel requests permission on behalf of the Sate Library for use of the local title Library Associate.

The State Library is unable to recruit and retain adequate Librarian staff. There is an increasing shortage of certified Librarians in public service. Librarians must possess a Masters in Library Science, or MLS, in order to be certified. Due to this lack of certified Librarians, Librarians on staff are assuming larger numbers of tasks that prevent them from performing their primary job function. Library Associates will help the State Library by providing permanent professional level staff who can perform tasks that while requiring a high level of competency, do not require an MLS. In lieu of creating a new title, the Division of Human Resource Management recommends making the local title Library Associate available for state use.

The salary range for Library Associate in State use will be P15.

Approval of this request is recommended.

ESTABLISHMENT OF COMMON TITLE
Effective: 3/21/03

FROM: TO:
Library Associate
02288 N/A L
Library Associate
P15-02288 * 35/12 C

Date: April 29, 2003

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

From: Candie L. Brown, Director
Division of Employee Services

Subject: Change in State Classification Plan

DEPARTMENT OF AGRICULTURE
The Department of Agriculture is requesting that the following job functions be reallocated to the Senior Executive Service.

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

Reallocation of Service

Effective Date: January 11, 2003
From: Manager 1, Education, M32-70244, Position #048593
To: Senior Executive Service, M98-90752

Effective Date: February 8, 2003
From: Executive Director, M98-90617, Position #937208
To: Senior Executive Service, M98-90752

These positions report to the Secretary of Agriculture.

Position #048593
This position will function as the Director, Division of Food and Nutrition. This position plans, organizes and directs comprehensive and complex programs of food distribution and child nutrition to a wide and varied constituency including the receipt, storage and distribution of federally donated foods to New Jersey's needy citizens, schools and institutions. The budget for these programs in FY03 was $238,261,000 and the proposed budget for FY04 is $242,271,000.

Position #937208
This position will function as the Executive Director, State Agriculture Development Committee. This position plans, organizes and directs the programs and activities of the State's Farmland Preservation Program. The position is responsible for the development and execution of significant agricultural land use policy which serves to preserve productive open space while meetings the goals of the Governor's policy on smart growth. The budget for this program in FY03 was $4,060,000 and the proposed budget for FY04 is $4,465,000.

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS

In the Matter of Adriano C. Bermudez
Township of North Bergen
Department of Public Safety
Removal

In the Matter of Peguy Cadet
Ancora Psychiatric Hospital
Department of Human Services
Removal

In the Matter of Thomas Cinque
City of Newark
Police Department
Demotion

In the Matter of County Correction Officers
Institutional Trade Instructors
County of Essex
Demotions in lieu of layoff

In the Matter of Carol Taylor
County of Mercer
Prosecutor's Office
Removal

In the Matter of Joseph Wolinski
County of Essex
Department of Health and Rehabilitation
Removal

RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT

ACTION: The Merit System Board acknowledged the settlements.

A-2 WILLIAM S. DAVIS (CONSOLIDATION)
William S. Davis, a disabled veteran, appeals the removal of his name from the eligible lists for Teacher Juvenile Facilities (C9441C), Youth Worker (C6047B), Cumberland County, and Human Services Specialist 1 (C1456B), Cumberland County Board of Social Services, on the basis of an unsatisfactory employment record.

Recommendation of the Administrative Law Judge - Uphold the list removals.

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

A-3 VALERIE HURLING-HALL
Valerie Hurling-Hall, Clerk Typist, County of Union, release at the end of the working test period, effective December 6, 2001.

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

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

A-4 DEAN JAMES
Dean James, Laborer, Highway Department, County of Burlington, 60-day suspension on charges of chronic or excessive absenteeism or lateness, unauthorized absence, conduct unbecoming a public employee and neglect of duty.

Recommendation of the Administrative Law Judge - Modify the 60-day suspension to a 45-day suspension.

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

A-5 ROEVENIA PARKER
Roevenia Parker, Program Coordinator, Childhood Lead Poisoning Prevention Program, Department of Health and Human Services, City of Newark, release at the end of the working test period, effective January 14, 2000.

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

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

A-6 DENNIS TASSIE
Dennis Tassie, Police Sergeant, City of Newark Police Department, 15-day suspension on charges of violations of Police Department Rules regarding, inter alia, existence of probable cause for search, consent to search, limitations on use of force, excessive force, obedience to orders, neglect of duty, and code of conduct.

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

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

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

A-7 MICHAEL BOFFA
Michael Boffa, Senior Correction Officer, Garden State Correctional Facility, Department of Corrections, removal effective May 1, 2001 on charges of use, possession, or sale of any controlled dangerous substance, conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-8 LAWRENCE DAVIS
Lawrence Davis, Police Officer, City of Trenton, Police Department, removal effective October 13, 2000, on the charge of inability to perform duties.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-9 BARBARA GREENIDGE
Barbara Greenidge, Senior Correction Officer, Riverfront State Prison, Department of Corrections, removal effective April 27, 2002 on charges of conduct unbecoming a public employee and violations of Department rules regarding personal conduct, safety and security precautions, and improper or unauthorized contact with an inmate, undue familiarity with inmates, parolees, their families or friends.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-10 AGOSTINHO MORAIS, JR.
Agostinho Morais, Jr., Police Officer, Police Department, City of Newark, removal effective May 4, 2000, on the charge of violating Police Department rules regarding false statements.

Recommendation of the Administrative Law Judge - Dismiss the appeal.

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

 

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

A-11 JAMES SHANKS
James Shanks, Equipment Operator, City of Atlantic City, Department of Public Works, removal effective November 21, 2001, on charges of conduct unbecoming a public employee, misuse of public property, including motor vehicles and other sufficient cause: regarding the possession, sale or distribution of any controlled dangerous substance.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board affirmed the recommendation of the ALJ but awarded back pay for the period of April 23, 2001 to August 13, 2001.

SECTION B - MISCELLANEOUS MATTERS
B-1 CYNTHIA JOBES
Cynthia Jobes, a Senior Food Service Handler 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-2 JAMES P. LONGO
James P. Longo, a Senior Correction Officer at 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-3 LESLIE MITCHELL
Leslie Mitchell a Human Services Assistant with Woodbridge Developmental Center, Department of Human Services appeals the denial of sick leave injury (SLI) benefits.

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

B-4 KRISTIN SCHERLIN
Kristin Scherlin, a former Clerk Typist with the Department of Environmental Protection, represented by Kristina Bas, Staff Representative, CWA Local 1034, appeals the denial of sick leave injury (SLI) benefits.

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

B-5 JOHN WOOD
John Wood, a Senior Correction Officer at Southern State Correctional Facility, Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury benefits.

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

B-6 EVERTON BILLS
Everton Bills appeals the determination of the Division of Human Resource Information Services, which removed his name from the special reemployment list for Safety Specialist 2.

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

B-7 KIM LINDSEY
Kim Lindsey appeals the decision of Human Resource Information Services which found that the Department of Corrections had presented a sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9999D) eligible list due to an unsatisfactory criminal record.

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

B-8 DENNIS B. LUKASIEWICZ
Dennis B. Lukasiewicz 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 Correction Officer Recruit, Juvenile Justice (S9999B), Juvenile Justice Commission, for making false statements of material facts on his preemployment application.

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

B-9 THURMAN MILLER
Thurman Miller appeals his rejection as a County Correction Officer candidate by Camden County and its request to remove his name from the eligible list for County Correction Officer (S9999B).

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

B-10 JOHN SIRICO
John Sirico, represented by James S. Oliver, Esq., appeals the decision of Human Resource Information Services, which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Correction Officer Recruit (S9999D), Department of Corrections, on the basis of an unsatisfactory history and driving record.

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

B-11 WILLIAM L. TOMLIN III
William L. Tomlin III, appeals the decision of Human Resource Information Services, which found that the appointing authority had presented a sufficient basis to remove his name from the Correction Officer Recruit (S9999D), Department of Corrections, eligible list due to an unsatisfactory criminal record.

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

B-12 POLICE OFFICER, CITY OF SOUTH AMBY (S9999B)
The City of South Amboy, represented by Franklin G. Whittlesey, Esq., appeals the decision of Human Resource Information Services, which denied the appointing authority's request to extend the disposition due date of the November 27, 2001 certification of the eligible list for Police Officer, City of South Amboy (S9999B).

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

B-13 MARY GRIMES
Mary Grimes, a Family Services Specialist 1 at Vineland Children's Residential Treatment Center, Division of Youth and Family Services, Department of Human Services (DHS), appeals the determination of the Assistant Commissioner for Human Resources, (DHS), which found that she failed to present sufficient evidence to support a finding that 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-14 TERESA LOCKETTE
Teresa Lockette, an Affirmative Action Officer 2 with the Department of Human Services, appeals the determination of the Assistant Commissioner for Human Resources, 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-15 DAVID H. HUNTERTON
The Superior Court of New Jersey, Appellate Division, had remanded the decision of the Merit System Board (Board) rendered on October 10, 2001, which denied David H. Hunterton, a Correction Sergeant with the Mountainview Youth Correctional Facility, Department of Corrections, sick leave injury (SLI) benefits.

ACTION: The Merit System Board reversed its prior decision and granted the appellant SLI benefits.

B-16 GREGORY MCDANIEL
The Mercer County Board of Social Services, represented by Michael T. Hartsough, Associate Counsel, petitions the Merit System Board for reconsideration of the decision rendered on November 20, 2002, which modified the removal of Gregory McDaniel, a Human Services Specialist 2, to a three-month suspension.

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

B-17 PATRICK BEATTY
Patrick Beatty, a Police Officer with Deptford Township, represented by John C. Eastlack, Jr., Esq., petitions the Merit System Board for interim relief of his continued suspension, pending a departmental hearing.

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

B-18 JAMES RAINFORTH
James Rainforth, a Police Officer with the City of Orange, represented by James M. Mets, Esq., petitions the Merit System Board for interim relief of the termination of his salary, effective February 1, 2003.

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

B-19 FREDERICK DUSCHE
The appeal of Frederick Dusche, a Police Officer with the Township of West Orange, of his 30 working day suspension, on charges, was heard by Administrative Law Judge Robert J. Giordano (ALJ), who rendered his initial decision on March 14, 2003. At its meeting on April 23, 2003, the Merit System Board adopted the ALJ's recommendation that the penalty be increased 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: Alan Dexter Bowman (Abstained)
  Josephine DiRienzo (Abstained)
  Margaret E. L. Howard (Yes)
  Robert J. Long (Yes)

B-20 SONYA ACEVEDO, ET AL.
Sonya Acevedo, Towanna Christopher, Rayshon K. Holmes, Stacy U. Jackson, Apryl D. Jones, Rosie G. Lewise, Judy Lopez, Rosemary Mangual, Indira I. Penson, Candace Perry, Ashante M. Ragland, Luz C. Rodriguez, Janice R. Royal, Shirley Scarborough, Cassandra Sheffield, Nancy Tehlikian, Sharon D. Wade, and Carol D. Wright appeal the determinations of the Division of Selection Services which found that they did not meet the education and/or experience requirements for the open competitive examination for Family Service Worker (C0235D), Essex County.

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

B-21 CHRISTOPHER AKPARANTA
Christopher Akparanta 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 Senior Administrative Analyst (M6702C), City of Newark.

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

B-22 GLORIA BEHELER
Gloria Beheler 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 Instructor Counselor (PS1490I), Southern State Correctional Facility.

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

B-23 PATRICIA CONRAD AND CHERYL MUNSON
Patricia Conrad and Cheryl Munson 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 Senior Clerk Transcriber (PM0936D), Willingboro Township.

ACTION: The Merit System Board directed that the appeal of Patricia Conrad be denied and the matter of Cheryl Munson be held over.

B-24 HELEN CONWAY
Helen Conway appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Senior Library Assistant (PM1828C), Roselle Public Library.

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

B-25 CARLA M. COSTANTINO
Carla M. Costantino appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for Training Officer, Law Enforcement (C6557D), Bergen County.

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

B-26 MICHAEL DILLON
Michael Dillon appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Data Processing Systems Programmer 2 (OIT) (PS5749U), Office of Information Technology.

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

B-27 KATHYANN GABRIELE
Kathyann Gabriele appeals the determination of the Division of Selection Services, which found that she was below the minimum requirements in experience for the open competitive examination for Program Development Specialist 1, Child Nutrition Field Operations (S6447C).

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

B-28 CHRISTOPHER GERMAIN
Christopher Germain appeals the determination of the Division of Selection Services, which found that he was ineligible for the promotional examination for General Supervisor Parks (PC1298D) Middlesex County.

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

B-29 KARL GLEISSNER AND MATTHEW PISARSKI
Karl Gleissner and Matthew Pisarski 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 Senior Planner (C6248C), Cumberland County.

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

B-30 ROBERT GRAHAM
Robert Graham 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 Administrative Analyst (C6457C), County of Passaic.

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

B-31 SABRINA R. HAUGEBROOK
Sabrina R. Haugebrook appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for Research Analyst (S6594D), State of New Jersey.

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

B-32 LORI A. LAMBERT
Lori A. Lambert 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 Network Administrator 2 (PS2252P), Department of Law and Public Safety.

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

B-33 KAREN LAVALLE
Karen LaValle 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 the "dual" title Administrative Secretary/Office Services Manager (PC0618D), Cumberland County.

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

B-34 WILLIAM MILES
William Miles 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 Engineering Aide (M0064D), City of Newark.

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

B-35 TONYA M. MING AND CARLA R. RIGGINS
Tonya M. Ming and Carla R. Riggins appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for Human Services Specialist 1 (C1738C), Passaic County.

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

B-36 WAHAB ONITIRI
Wahab Onitiri 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 Street Superintendent (PM1895C), City of Trenton.

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

B-37 GODWIN N. ONUKAOGU AND CRYSTAL A. RAUPP
Godwin N. Onukaogu and Crystal A. Raupp appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for Inmate Advocate, Penal Institution (S0051D), Essex County.

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

B-38 LINDA PHILLIPS
Linda Phillips 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 Assistant Program Coordinator, Aging (PC0201D), Bergen County. Ms. Phillips also appeals the determination of the Division of Selection Services, which found that she was below the minimum requirements in education and experience for the open competitive examination for Assistant Program Coordinator, Aging (C6563D), Bergen County.

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

B-39 JANETTE POLO
Janette Polo appeals the decision 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 Forms Analyst 2 (PS0723P), Division of Consumer Affairs, Department of Law and Public Safety.

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

B-40 EDWARD A. PROVENCHER
Edward A. Provencher appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for Management Assistant (C6627D), Monmouth County.

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

B-41 DEBORAH ROY
Deborah Roy appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Administrative Analyst 2 (Fiscal Management) (PS4690K), Division of Developmental Disabilities.

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

B-42 RICHARD M. WOLFE
Richard M. Wolfe appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for Senior Laboratory Technician (0032D), State of New Jersey.

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

B-43 VIVIAN ADAMS, ET AL.
Vivian Adams, Joyce Hurley, June Kelly, Anna Pryor, Barbara Raines, Freddie Reeves, Sylvia Smith and Debra Welch, represented by Denice Hunt, Executive Vice President, Communications Workers of America, Local 1031, appeal their scores on the promotional examination for Secretarial Assistant 3, Non-Stenographic, (PS5021J), New Jersey City University.

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

B-44 LISA POWELL
Lisa Powell appeals her score on the qualifying examination for a lateral title change to Mental Health Worker (Bilingual in Spanish and English), Camden County.

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

B-45 MARCIA BLACK-PETERS
Marcia Black-Peters appeals the determination of the Division of Selection Services, which found that the required transcript or list of courses and credits was not received for the open competitive examination for Program Development Specialist 1, Child Nutrition Field Operations.

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

B-46 EUNICE O. HIRYA
Eunice O. Hirya requests a make-up for the promotional examination for Program Assistant, Division of Developmental Disabilities (PS3869K0, Woodbridge Developmental Center.

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

B-47 NATALIE KRUEGER
The Director, Division of Human Resource Management, on behalf of the Department of Corrections, requests that Natalie Krueger's out-of-title work experience be accepted to qualify her for a lateral title change to the title of Technical Assistant, Personnel.

ACTION: The Merit System Board granted the request.

B-48 DAVID MARTINEZ
The Director, Division of Human Resource Management, on behalf of the City of Linden, requests that David Martinez's out-of-title work experience be accepted to qualify him for a prospective promotional examination for the title of Heavy Equipment Operator.

ACTION: The Merit System Board granted the request.

B-49 JO-ELLEN WYSZYNSKI
The Director, Division of Human Resource Management, on behalf of the Department of the Treasury, request that Jo-Ellen Wyszynski's out-of-title work experience be accepted to qualify her for a prospective promotional examination for the title of Technician, Management Information Systems.

ACTION: The Merit System Board granted the request.

B-50 JACQUES O. LEBEL
Jacques O. Lebel appeals the announced unit scope for the promotional examination for Assistant Director, Codes, Standards, and Housing Development (PS4942D), Department of Community Affairs.

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

B-51 DAPHNE HILTON
Daphne Hilton requests that the eligible list for County Correction Officer (S9999B), Camden County, be revived so that her name may be certified to the appointing authority when she is released from active military duty.

ACTION: The Merit System Board granted the request.

B-52 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of April 23, 2003 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of April 23, 2003.

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

B-53 ANTHONY KING
The appeal of Anthony King, County Correction Officer with Mercer County Department of Public Safety, of his removal effective March 5, 2002 on charges, was heard by Administrative Law Judge Israel D. Dubin (ALJ), who rendered his initial decision on February 24, 2003. At its meeting on April 9, 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: Alan Dexter Bowman (Abstained)
  Josephine DiRienzo (Yes)
  Margaret E. L. Howard (Yes)
  Robert J. Long (Yes)

B-54 JOSEPHUS NYEMA
The appeal of Josephus Nyema, a County Correction Officer with the Department of Public Safety, Mercer County, of his 60-day suspension, on charges, was before Administrative Law Judge Joseph F. Fidler (ALJ), who rendered his initial decision on February 25, 2003 granting the withdrawal request of the appellant's counsel and acknowledging the settlement placed on the record. At its meeting on April 9, 2003, the Merit System Board (Board) reversed the withdrawal of the appellant's counsel and acknowledged the signed written settlement agreement. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-55 EUGENE O'BRIEN
The appeal of Eugene O'Brien, a former Administrative Analyst with the Ocean County Health Department, of his removal effective July 31, 1998, on charges, was heard by Administrative Law Judge Israel D. Dubin (ALJ), who rendered his initial decision on February 28, 2003. At its meeting on April 9, 2003, the Merit System Board did not adopt the ALJ's recommendation to dismiss the appeal as moot. Rather, the Board reversed the removal and acknowledged the appellant's 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.

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

B-56 KATHLEEN SISTI
The appeal of Kathleen Sisti, a Police Officer with the Township of Aberdeen, Department of Public Safety, of her 60-day suspension beginning June 9, 2000 on charges, was heard by Administrative Law Judge Israel D. Dubin (ALJ), who rendered his initial decision on August 12, 2002. At its meeting on April 9, 2003, the Board adopted the ALJ's recommendation to reverse the suspension. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the decision.

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

B-57 FRANK WEST
The appeal of Frank West, a Security Guard with the Newark School District, of his 27-day suspension on charges, was heard by Administrative Law Judge Carol I. Cohen (ALJ), who rendered her initial decision on March 4, 2003. At its meeting on April 9, 2003, the Merit System Board (Board) adopted the ALJ's recommendation to uphold the 27-day suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-58 VICTOR GARY
The appeal of Victor Gary, a Senior Juvenile Detention Officer with the Department of Youth Services, County of Passaic, of his 30 working day suspension, beginning November 14, 1999, on charges, was heard by Administrative Law Judge Jeffrey A. Gerson (ALJ), who rendered his initial decision on February 13, 2003 reversing the suspension. At its meeting on April 23, 2003, the Merit System Board did not adopt the ALJ's decision. Rather, the Board upheld the appellant's 30 working day suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.
(VICTOR GARY CONTINUED)

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

B-59 CARL STANFORD
The appeal of Carl Stanford, a Head Cook 1 at New Jersey State Prison, Department of Corrections, of his indefinite suspension pending the disposition of criminal charges, effective October 15, 2001, was heard by Administrative Law Judge Douglas H. Hurd (ALJ), who rendered his initial decision on March 6, 2003, reversing the indefinite suspension. At its meeting on April 23, 2003, the Merit System Board did not adopt the ALJ's decision. Rather, the Board upheld the indefinite suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-60 EARLY SETTLEMENTS
Adele Acosta
Department of Labor
Return to formerly held permanent title

Wesley Briscoe
City of Atlantic City
Department of Public Safety
Removal

Christina Jackson
New Jersey State Prison
Department of Corrections
Suspension


Joseph Unangst
Department of Transportation
Suspension

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, May 28, 2003, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
MARGARET E. L. HOWARD
PRESIDING
MERIT SYSTEM BOARD

 
 
OPRA - Open Public Records Act NJ Home Logo
Department: CSC Home  |  Job Seekers  |  Current Employees  |  Appointing Authorities and Employers  |  About Us
Statewide: NJHome  |  Services A to Z  |  Departments/Agencies  |  FAQs
 
Copyright © State of New Jersey, 1996 - 2011