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

 

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

 

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A regular meeting of the Merit System Board was held on Wednesday, November 19, 2003 , in Trenton , New Jersey .

PRESENT: Margaret E. L. Howard, Presiding Merit System Board Member, Merit System Board Members, Alan Dexter Bowman, 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, Presiding Board Member 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, 2003, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

STATE

The Merit System Board recorded the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof.

DATE: October 24, 2003

TO: Ida L. Castro, Commissioner

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

SUBJECT: Change in State Classification Plan

BOARD OF PUBLIC UTILITIES

The Board of Public Utilities has requested that position # 062338 be reallocated from the Career Service to the Senior Executive Service.

Position #062338 reports to an unclassified position, the Chief Public Utility Economist (M41) in the Office of the Economist who in turn reports to the President of the Board. The position serves as a Deputy Economist and directs the technical analysis of economic and financial matters brought before the Board providing policy influencing analyses and recommendations to the President and the Commissioners. Once the Board adopts a specific policy, the position uses technical expertise to design the most practical methods of implementation and execution consistent with State Statutes. Such policy initiatives can impact not only State policy, but regional organizations, federal regulatory policy and even foreign regulatory policies.

A review of the assigned job functions has been conducted and the position meets the standards established for inclusion in the Senior Executive Service.

Reallocation of Service
Effective March 8, 2003

From:
Manager 4 Environmental Protection
M33-64998G Position #062338

To:
Fiscal Senior Executive Service
M98-90752

DATE: October 16, 2003

TO: Ida L. Castro, Commissioner
Department of Personnel

FROM: Elizabeth Van Marter, Director
Human Resource Management

SUBJECT: Change in the Classification Plan

DEPARTMENT OF COMMUNITY AFFAIRS

The Department of Community Affairs requests the creation of a department-specific title to administer the New Jersey Fire Safety Act, which includes the New Jersey Uniform Fire Code. The title is needed to comply with N.J.S.A. 52:27D-192 et seq. , N.J.S.A. 52:27D-25a et seq. , and N.J.S.A. 52:27D-214 et seq. , which requires the Division of Fire Safety to perform these duties.

The incumbent will be responsible for the review, analysis and interpretation of provisions of the New Jersey Uniform Fire Code, as well as the model national and international fire codes, and recommending changes or revisions to the codes for the protection of lives and property in New Jersey . The incumbent will also provide guidance to numerous local-enforcing agencies throughout the state.

The title will be assigned to the career service. The salary recommendation is based upon an evaluation of the Hay Job Content Evaluation factors. The appropriate negotiations representatives have been notified. OER has approved the requested bargaining unit assignment.

ADDITION OF TITLE

Effective: 09/20/03

Fire Code Specialist
P27_____ Competitive NL/12

WITHDRAWAL OF APPEALS

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

William Mason, Supervising Program Specialist, Substance Abuse/AIDS, Department of Corrections and Youth Services, County of Monmouth, suspension.

Teresa O'Keefe, Senior Correction Officer, Riverfront State Prison, Department of Corrections, suspension.

Margaret Powell, Secretarial Assistant 2, Non-Stenographic, Department of Transportation, return to formerly held permanent title at the end of the working test period.

Sybil Threats, Senior Correction Officer, Mid-State Correctional Facility, Department of Corrections, removal.

Shermayne Vanman, Senior Clerk Typist, City of Salem , removal.

Karen Williams, Administrative Clerk, Wildwood Housing Authority, removal.

John Wills, Jr., Laborer, Highway Department, County of Burlington , two suspensions.

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:

Steven Ansley, Senior Clerk, Division of Law, Department of Law and Public Safety, indefinite suspension.

Victoria Husted, Clerk, Borough of Point Pleasant, release at the end of the working test period.

Terry Naletko, Construction Official, Borough of Lodi, good faith layoff.

Olga Rosado, Principal Operator Automated Typewriter, Division of Youth and Family Services, Department of Human Services, removal.

Damon Small, Security Guard, Jersey City School District , release at the end of the working test period.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Rodney Gatson
Woodbridge Developmental Center
Department of Human Services
Suspension

In the Matter of Maureen Scott
Jersey City Public Schools
Suspension

In the Matter of Bonnie Shaw
Department of Health and Senior Services
Resignation not in good standing
In the Matter of Marta P. Torres
Juvenile Justice Commission
Department of Law and Public Safety
Removal

In the Matter of Lira Williams
Vineland Development Center
Department Human Services
Release at the end of the working test period

In the Matter of Kishan Woods
County of Mercer
Department of Public Safety
Suspension

In the Matter of Esther Zapata
City of Passaic
Police Department
Removal

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

ACTION: The Merit System Board acknowledged the settlements.

A-2 TERESA SPALDING

Teresa Spalding, County Correction Officer, County of Burlington, County Jail, ten-day suspension and removal effective December 22, 2000, on charges of chronic or excessive absenteeism or lateness, and violation of Burlington County Jail's attendance policy.

Recommendation of the Administrative Law Judge - Modify the removal to a 60-working day suspension. However, it is noted that the ALJ made no discrete determination regarding the ten-day suspension.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge to modify the removal to a 60-working day suspension and also upheld the 10-day suspension.

A-3 EUGENE WELLS

Eugene Wells, Senior Hospital Attendant, County of Burlington, Buttonwood Hospital, 15-day suspension on the charge of other sufficient cause.

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-4 LENA CALLIER

Lena Callier, Principal Social Service Aide, Division of Youth and Family Services, Department of Human Services, removal effective June 21, 2002, on charges of neglect of duty, violation of policy and inability to perform duties.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-5 TODD NALEPA

Todd Nalepa, Laborer, City of Perth Amboy , Department of Public Works, removal effective November 16, 2001 , on charges of chronic and excessive absenteeism, insubordination and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Reverse the removal.

ACTION: The Merit System Board acknowledged a settlement between the parties.

A-6 JAMES POPE

James Pope, Food Service Worker, City of Atlantic City , Department of Health and Senior Services, removal effective August 19, 2002 , on charges of chronic or excessive absenteeism or lateness, neglect of duty 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-7 SETTLEMENTS

In the Matter of James Brown
Township of Freehold
Public Utilities Department
Removal

In the Matter of Patricia Dillon
Montclair State University
Release at the end of the working test period

In the Matter of Raymond Flynn
Department of Corrections
Suspension

In the Matter of Harrison Hogue
Newark School District
Suspension and fine

In the Matter of Dawn Holmes
Vineland Developmental Center
Department of Human Services
Release at the end of the working test period

In the Matter of James Jackson
County of Cape May
Sheriff's Department
Suspension

In the Matter of Harry Keat, III
Edna Mahan Correctional Facility
Department of Corrections
Suspensions (2)

In the Matter of Donald W. Leach
County of Cumberland
Department of Corrections
Removals (3)

In the Matter of William Mincy
Office of Information Technology
Release at the end of the working test period

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

ACTION: The Merit System Board acknowledged the settlements.

A-8 BRUCE ABRAHAM

Bruce Abraham, Police Officer, City of Camden , Police Department, fine equal to ten days' pay on charges of violation of Police Department rules and regulations and neglect of duty.

Recommendation of the Administrative Law Judge - Dismiss the appeal.

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

A-9 JAMES BROUGHTON

James Broughton, Human Services Assistant, Woodbine Developmental Center , Department of Human Services, release at the end of the working test period effective November 28, 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-10 MALIKA HALE (CONSOLIDATION)

Malika Hale, Customer Service Representative 4, Department of Transportation, two ten-day suspensions, one suspension on charges of, physical assault of a supervisor and insubordination and the other on charges of insubordination.

Recommendation of the Administrative Law Judge - Uphold the two ten -day suspensions.

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

A-11 KEITH HAMILTON

Keith Hamilton, Custodial Worker, Newark School District , 20-day suspension on the charge of other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the 20-day suspension.

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

A-12 SHERMAN MCCRAY (REMAND)

Sherman McCray, County Correction Officer, County of Burlington, County Jail, ten-day suspension on the charge of violating the Burlington County Jail attendance policy.

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

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

A-13 CAROLYN EPPS

Carolyn Epps, Judicial Clerk 2, Judiciary, Hudson Vicinage, removal effective January 31, 2002 , on charges of neglect of duty and conduct unbecoming a public employee.

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-14 DAVID FIGUEROA

David Figueroa, Police Officer, City of Newark, Police Department, 1) ten-day suspension on the charge of violation of Public Department rules regarding answering a subpoena in court, 2) six-month suspension on charges of violations of Police Department rules regarding conduct in public and private, false statement, chronic inefficiency or incompetency, conduct unbecoming a public employee and incompetency, inefficiency or failure to perform duties, and 3) removal effective February 20, 2001, on charges of violations of Police Department rules regarding conduct in public and private, responsibility for own actions, chronic inefficiency or incompetency, conduct unbecoming a public employee and incompetency, inefficiency, or failure to perform duties.

Recommendation of the Administrative Law Judge - Reverse the ten-day suspension, uphold the six-month suspension and uphold the removal.

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

A-15 MARGIE HOOVER

Margie Hoover, Industrial Trade Instructor, Garden State Correctional Facility, Department of Corrections, removal effective August 17, 2002, on charges of violation of rules regarding personal conduct and actual or attempted theft of state property or equipment or the property of other employees, residents, clients or inmates.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-16 SEAN MCKEON

Sean McKeon, Truck Driver, County of Monmouth, Highway Department, removal effective February 15, 2001, on charges of fighting and creating a disturbance while on duty, leaving his work area unauthorized, inappropriate, abusive, threatening or obscene language in the workplace, use of threats, violence or intimidation of another person, insubordination, and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-17 CALVIN PARKMAN

Calvin Parkman, Police Officer, City of Newark , Police Department, removal effective June 22, 2001 , on charges of violation of the drug policy and intoxication or illegal use of drugs.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-18 ANGEL M. PERALTA (CONSOLIDATION)

Angel M. Peralta, Accountant 2, Division of Consumer Affairs, Department of Law and Public Safety, ten-day suspension on the charge of chronic or excessive absenteeism or lateness and removal effective May 12, 1999 , on charges of incompetency, inefficiency or failure to perform duties, insubordination, conduct unbecoming a public employee, other sufficient cause.

Recommendation of the Administrative Law Judge - Modify the ten-day suspension to a six-month suspension and uphold the removal.

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to uphold the ten-day suspension and removal.

SECTION B - MISCELLANEOUS MATTERS

B-1 DYSHON BEMBRY

Dyshon Bembry appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit (S9999B) on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-2 DEAN M. CLARIZIO

Dean M. Clarizio, represented by Kevin M. Kiernan, Esq., appeals the removal of his name from the eligible list for the title of Police Officer (S9999B), Township of West Orange , on the basis of psychological unfitness.

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

B-3 TYWANE DIGGS

Tywane Diggs appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit (S9999B) on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-4 TERRI RODGERS

Terri Rodgers, represented by Alexander Kuschner, Esq., appeals her rejection as a County Correction Officer candidate by the County of Hudson and its request to remove her name from the eligible list for County Correction Officer on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-5 SHAUN WADE

Shaun Wade, represented by David B. Beckett, Esq., appeals his rejection as a Sheriff's Officer candidate by the Hudson County Sheriff's Department and its request to remove his name from the eligible list for Sheriff's Officer on the basis of psychological unfitness to perform effectively the duties of the position.

ACTION: The Merit System Board referred the matter for an independent evaluation.

B-6 MICHELE ARNDT

Michele Arndt, a Therapy Aide with Vineland Developmental Center , Department of Human Services, represented by Linda T. Priolli, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-7 SUSAN BOYD-SHELLY

Susan Boyd-Shelly, a Principal Library Assistant at the New Jersey State Library, Thomas Edison State College, represented by Jesse Averhart, CWA Local 1033, appeals the denial of sick leave injury (SLI) benefits.

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

B-8 PAUL CAMACHO

Paul Camacho, a Senior Correction Officer at New 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-9 PATRICIA CREWS

Patricia Crews, a Head Cottage Training Supervisor with Woodbridge Developmental Center , Department of Human Services, represented by Sarah Evans, Staff Representative, CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.

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

B-10 DONELL DAVIS

Donell Davis, a Senior Youth Worker with the Division of Youth and Family Services, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-11 SANDRA GAGNON

Sandra Gagnon, a Driver Improvement Analyst 2 with the Motor Vehicle Commission, appeals the denial of sick leave injury (SLI) benefits. This matter was held over from the September 3, 2003 Merit System Board meeting.

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

B-12 HENRIETTA MIK

Henrietta Mik, a Court Services Supervisor 2 with the Judiciary Vicinage 2 - Bergen County , represented by Daniel Zirrith, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-13 MARIA L. TOUS

Maria L. Tous, a Family Service Specialist 2 with the Division of Youth and Family Services, Department of Human Services, represented by Sharol Richards, Staff Representative, CWA Local 1039, appeals the denial of sick leave injury (SLI) benefits.

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

B-14 KAREN BARKSDALE

Karen Barksdale appeals the decision of Human Resource Information Services, which upheld the removal of her name from the special reemployment list for Safety Specialist 2, Division of Motor Vehicles, Motor Vehicle Commission, on the basis of her unavailability to accept appointment.

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

B-15 FRANK BUCCHIERI

Frank Bucchieri appeals the decision of Monmouth County to remove his name from the County Correction Officer (S9999D), Monmouth County eligible list due to an unsatisfactory background report.

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

B-16 DAVID CSIMBOK

David Csimbok, represented by Peter L. Festa, Esq., appeals the bypass of his name on a certification of the Police Lieutenant (PM2595B), Borough of Carteret, eligible list.

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

B-17 DEBRA ANN LANDOR

Debra Ann Landor appeals the decision of Human Resource Information Services (HRIS), which upheld the removal of her name from the Senior Unemployment Insurance Clerk (PS2320N), Department of Labor, eligible list on the basis of her failure to respond to the Notice of Certification.

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

B-18 ROXANNE LANDRUM

Roxanne Landrum appeals the determination of the Division of Human Resource Information Services (HRIS), which upheld the removal of her name from the eligible list for Correction Officer Recruit (S9999D), Department of Corrections (DOC) on the basis of an unsatisfactory driving record and criminal record.

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

B-19 DREW ROACH

Drew Roach, represented by Victoria T. Roach, Esq., 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 on the basis of an unsatisfactory criminal record.

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

B-20 RORY SCHEUMEISTER

Rory Scheumeister, represented by Annette Vendesco, Esq., appeals the bypass of his name for appointment from the Police Sergeant (PM0941W), Township of Belleville eligible list.

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

B-21 NICHOLAS ZUBENKO

Nicholas Zubenko, represented by Thomas C. Sciarrabone, Esq., appeals the bypass of his name on a certification of the Police Lieutenant (PM2595B), Borough of Carteret, eligible list.

ACTION: The Merit System Board granted a hearing.

B-22 CLINIC ATTENDANT (M0255D), CITY OF PASSAIC

The appointing authority requests permission not to make an appointment from the certification for Clinic Attendant (M0255D), City of Passaic .

ACTION: The Merit System Board granted the request but assessed selection costs.

B-23 COMMUNICATIONS OFFICER (C1654C), MIDDLESEX COUNTY

The appointing authority requests permission not to make an appointment from the certification for Communications Officer (C1654C), Middlesex County .

ACTION: The Merit System Board granted the request but assessed selection costs.

B-24 DIRECTOR OF FINANCE (M6593C), TOWNSHIP OF SCOTCH PLAINS

The appointing authority requests permission not to make an appointment from the certification for Director of Finance (M6593C), Township of Scotch Plains .

ACTION: The Merit System Board denied the request.

B-25 ENVIRONMENTAL HEALTH SPECIALIST (C6497C), MIDDLESEX COUNTY

The appointing authority request permission not to make an appointment from the certification for Environmental Health Specialist (C6497C), Middlesex County .

ACTION: The Merit System Board granted the request but assessed selection costs.

B-26 MILTON ALEXANDER

Milton Alexander, a Senior Correction Officer at East Jersey State Prison, Department of Corrections, appeals the determination of the Equal Employment Opportunity and Affirmative Action Officer, Department of Law and Public Safety, which found that he 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-27 MARK CRADDOCK

Mark Craddock, a Welder with the Department of Transportation (DOT), appeals the determination of the Director of the Division of Civil Rights and Affirmative Action (DCR/AA), 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-28 EMAN ELBANNA

Eman Elbanna, a Senior Clerk Transcriber at East Jersey State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division, DOC, which found that she 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-29 KATHLEEN FORD

Kathleen Ford, a Senior Correction Officer at East Jersey State Prison, Department of Corrections (DOC), appeals the determination of the Equal Employment Division (EED) of the DOC, stating that the appellant had 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-30 ALLEN HOLMES

Allen Holmes, a Parole Counselor with the New Jersey State Parole Board, appeals the determination of the Executive Director, which found that he 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-31 ALONZO WADE

Alonzo Wade, a Senior Correction Officer at Bayside State Prison, Department of Corrections (DOC), appeals the determinations of the Director of Equal Employment Division (EED), with the DOC, stating that, while the EED found sufficient evidence to substantiate the appellant's allegation that he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace, the recommended disciplinary charges against the respondent were dismissed following a departmental hearing.

ACTION: The Merit System Board directed that this appeal be granted, but no further action is required.

B-32 INELL JONES

Inell Jones, a former Senior Correction Officer with East Jersey State Prison, Department of Corrections (DOC), represented by Michelle J. Douglass, Esq., petitions the Merit System Board (Board for reconsideration of the final administrative decision rendered August 12, 2003, in which the Board dismissed the petitioner's appeal of her removal, effective June 28, 2002, and her 10-day and 45-day suspensions without prejudice based on the petitioner's failure to appear at her scheduled settlement conference.

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

B-33 MONICA MALONE

Monica Malone, a Staff Clinical Psychologist 3, Woodbine Developmental Center , Department of Human Services, represented by Steven Wallach, Esq., petitions the Merit System Board for reconsideration of that part of the final administrative decision rendered on August 21, 2003 , which awarded her counsel fees.

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

B-34 KEVIN WALSH

Kevin Walsh, a Behavior Modification Program Technician at Woodbridge Developmental Center , Department of Human Services, petitions the Merit System Board for reconsideration of the final decision, rendered on March 13, 2003 , which upheld the bypass of his name on a certification of the Habilitation Plan Coordinator (PS4227K), Woodbridge Developmental Center , eligible list.

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

B-35 SEAN WARD

Sean Ward, a former Juvenile Detention Officer with the Department of Corrections and Youth Services, County of Monmouth represented by Marcie Mackolin, Esq., petitions the Merit System Board (Board) for reconsideration of the final administrative determination, rendered March 6, 2003, by the Director of Merit System Practices and Labor Relations denying his request for a hearing concerning the appeal of his removal effective July 31, 2002 due to untimely filing of his appeal pursuant to N.J.S.A. 11A:2-15. and N.J.A.C. 4A:2-2.8.

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

B-36 DANIEL SOTO

The City of Hoboken (Hoboken), represented by Parthenopy A. Bardis, Esq., petitions the Merit System Board (Board) for a stay of its decision, In the Matter of Daniel Soto (MSB, decided August 12, 2003) pending the outcome of the City's appeal filed in the Superior Court, Appellate Division.

ACTION: The Merit System Board denied the stay.

B-37 CARMINE RUSSO

Carmine Russo, a Police Captain with the City of Newark , represented by Sharon Bittner Kean, Esq., petitions the Merit System Board for back pay, benefits, seniority and counsel fees.

ACTION: The Merit System Board granted a hearing as to back pay and granted the appellant $1,080.74 in reimbursement for the cost of maintaining his health insurance coverage, as well as seniority, vacation leave and sick leave but denied counsel fees.

B-38 ANTHONY CARTER

The appeal of Anthony Carter, a Senior Correction Officer with South Woods State Prison, Department of Corrections, of his removal, effective April 5, 2000 , on charges, was heard by Administrative Law Judge Lillard E. Law (ALJ), who rendered his initial decision on September 11, 2003 . At its meeting on October 22, 2003 , the Merit System Board (Board) did not adopt the ALJ's recommendation that the removal be modified to a six-month suspension. Rather, the Board upheld 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)
Margaret E. L. Howard (Yes)
Robert J. Long (Yes)

B-39 TODD SILVERMAN

The appeals of Todd Silverman, a Senior Correction Officer with the Adult Diagnostic and Treatment Center , Department of Corrections (DOC), of his 15-day suspension, removal effective October 18, 1999 on charges, and resignation not in good standing, were heard by Administrative Law Judge Robert J. Giordano (ALJ), who rendered his initial decision on August 25, 2003 . At its meeting on October 22, 2003 , the Merit System Board (Board) adopted the ALJ's recommendation to uphold the 15-day suspension and to modify the resignation not in good standing to a resignation in good standing. The proposed final decision is now submitted for the Board's review.

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

B-40 MARY ANN ABBOTT

The Administrator, Salem County Mental Health Board, on behalf of Mary Anne Abbott, 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 Program Coordinator, Mental Health (PC1459D), Salem County .

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

B-41 MATTHEW ABRAMS

Matthew Abrams 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 open competitive examination for Assistant Superintendent of Recreation (M0266D), Burlington Township .

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

B-42 ANDERSON ADAMS

Anderson Adams appeals his ineligibility for the Entry Level Law Enforcement Examination (S9999D).

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

B-43 REGINALD E. BASCOMB, ET AL.

Reginald E. Bascomb, Jason Corter, Troy McCarthy III and Latee Moye-Walton appeal the decision of the Division of Selection Services, which found that they did not meet the education requirements for the open competitive examination for Parole Officer Recruit (S2035E), New Jersey State Parole Board.

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

B-44 JOSEPH BORBONE

Joseph Borbone appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examinations for Program Analyst 1, Budget and Accounting (S0097D) Department of the Treasury and program Analyst 3, Budget and Accounting (S0098D) Department of the Treasury.

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

B-45 FRANKLIN BROOKS, ET AL.

Franklin Brooks, Aubria H. King and Rufus Roberts appeal the determinations of the Division of Selection Services, which found that they did not meet the experience requirements for the open competitive examination for Truck Driver (M9976D), City of Newark .

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

B-46 ROBERT CURRAN

Robert Curran appeals the determination of the Division of Selection Services that he did not meet the educational requirements for the open-competitive examination for Employment Counselor (S0653B).

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

B-47 DARLENE CURTIS

Darlene Curtis appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Technical Assistant Personnel (PS5148I), Department of Corrections.

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

B-48 ANTHONY D'ERRICO ET AL.

Anthony D'Errico, Theodore Fowles and Louis Molnar appeal the determination of the Division of Selection Services that they did not meet the experience requirements for the promotional examination for Senior Interviewer Veterans Services (PS6652N), Department of Labor.

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

B-49 RAYMOND DEWEY

Raymond Dewey 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 Youth Work Supervisor (S0073D).

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

B-50 CAROLYN DUNN

Carolyn Dunn appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, she did not meet the minimum experience requirements for the promotional examination for Technical Assistant, Management Information Systems (PS8405I), Department of Corrections.

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

B-51 JOSEPH FARINELLA AND TODD VAZQUEZ

Joseph Farinella and Todd Vazquez appeal the determination of the Division of Selection Services, which found them ineligible for the open competitive examination for Technician 1, Fish, Game and Wildlife (S0117D), Department of Environmental Protection due to their failure to include the required transcript with their applications.

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

B-52 KETA FOOTE

Keta Foote appeals the determination of the Division of Selection Services that she did not meet the requirements for the promotional examination for Administrative Analyst (PM0194D), City of Newark .

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

B-53 RAJAT GUPTA ET AL.

Rajat Gupta, Rogelio Griffiths, and Thomas Papa appeal the determination of the Division of Selection Services, which found that they were below the minimum requirements in experience for the open competitive examinations for Program Analyst 1, Budget and Accounting (S0097D), Department of the Treasury.

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

B-54 DEBORAH HALL

Deborah Hall appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Administrative Secretary (PC0829D), Camden County .

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

B-55 JOANNE HEALY

The appointing authority appeals the determination of the Division of Selection Services that Joanne Healy did not meet the experience requirements for the open-competitive examination for Network Administrator 1 (C6805D), Bergen County .

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

B-56 TOURAY HOLLAND

Touray Holland appeals the determination of the Division of Selection Services, which fund that he did not meet the experience requirements for the open-competitive examination for Research Assistant (C0336D), Bergen County .

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

B-57 BYRON JOHNSON

Byron Johnson appeals the determination of the Division of Selection Services that, per the substitution clause for education, he did not meet the experience requirements for the promotional examination for Administrative Analyst (PM1271D), City of Camden .

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

B-58 EDWIN LARACUENTE

Edwin Laracuente appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Principal Training Technician (PS5786K), Division of Youth and Family Services.

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

B-59 BETH MAGEE-SIEFERT

Beth Magee-Siefert appeals the determination of the Division of Selection Services, that she did not meet the experience requirements for the open-competitive examination for Public Health Consultant 2, Nursing (S0029D), Statewide.

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

B-60 KELLE MCMILLAN

Kelle McMillan 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 examination for Assistant Administrative Analyst (M6780D), City of Trenton .

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

B-61 JANET MICHELIN AND GLENNIS PARKS

Janet Michelin and Glennis Parks appeal the determinations of the Division of Selection Services, which found that they did not meet the educational requirements for Vocational Rehabilitation Counselor 1, (S0125E), Department of Labor.

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

B-62 MICHELE MIGLIACCI

Michele Migliacci appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Radio Dispatcher (PM1181D), City of Trenton .

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

B-63 KATRINA PARSONS

Katrina Parsons petitions the Merit System Board for reconsideration of the decision rendered on February 26, 2003 which found that she did not meet the experience requirements for the open competitive examinations for classification Officer 1 (PS2721I), Southern State Correctional Facility.

ACTION: The Merit System Board granted the request.

B-64 DANIEL J. PHELAN

Daniel J. Phelan appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Project Manager, Data Processing (PS4937D), Department of Community Affairs.

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

B-65 MARIA RODRIGUEZ-ELIAS AND YOLANDA ROSALES

Maria Rodriguez-Elias and Youland Rosales appeal the determination of the Division of Selection Services, which found that they did not meet the educational requirements for Vocational Rehabilitation Counselor 2, Department of Labor.

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

B-66 RANDHIR SHARMA

Randhir Sharma appeals the determination of the Division of Selection Services, which found that he 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 this appeal be denied.

B-67 SHARON SHELLEY

Sharon Shelley appeals the decision of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Human Services Specialist 2 (PS1056D), Bergen County Board of Social Services, Ms. Shelley also requests a permanent appointment date to the subject title retroactive to December 23, 2002 .

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

B-68 GARY SNYDER

Gary Snyder appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in education for the open competitive examination for Superintendent of Recreation (M0275D), Burlington Township .

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

B-69 CARLA TILLMAN

Carla Tillman appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Principal Training Technician (PS5786K), Division of Youth and Family Services.

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

B-70 ROSE VANDERHOEF

Rose VanDerhoef appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Program Technician (PS4508N), Department of Labor.

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

B-71 ANDRES VARGAS

Andres Vargas appeals the decision of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examination for Truck Driver, Single Axle (S9170D).

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

B-72 FRANCIS W. WILSON

Francis W. Wilson 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 Supervisor, Public Works (PM0843D), Township of Teaneck .

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

B-73 VERDIA WINGATE

Verdia Wingate appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Management Assistant (PS4545I), State Parole Board.

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

B-74 MIRIAM WOLKOFSKY

Miriam Wolkofsky 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 examination for Social Worker (C0329D), Ocean County .

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

B-75 ALICIA REED

Alicia Reed petitions the Merit System Board for reconsideration of its decision rendered on September 3, 2003 in which the Board determined that the appellant was ineligible for the Social Case Worker (M0209D), City of Newark open competitive examination.

ACTION: The Merit System Board denied the request.

B-76 DAVID BALDASARI, ET AL.

David Baldasari, Barbar DiDonato, Wayne Giovinazzo, Barbara Rappaport, David Remboski, Charles Schwarz, and George Sereduk appeal their scores on the promotional examination for Telecommunications Systems Analyst 1 (PS8112U), Department of the Treasury. All of the appellants failed the subject examination.

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

B-77 FRANK COSSENTINO

Frank Cossentino appeals his rank and score on the promotional examination for Supervisor, Parks (PC1388D), Middlesex County .

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

B-78 DALE ECKENSBERGER

Dale Eckensberger appeals his score on the promotional examination for Truck Driver (PM1496C), Woodbridge Township .

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

B-79 BESSIE REDDICK

Bessie Reddick appeals her score on the promotional examination for Supervisor Nursing Services (PS4704K), Woodbridge Developmental Center .

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

B-80 ANTHONY J. VALLE

Anthony J. Valle appeals his score on the open-competitive examination for Principal Procedures Analyst (S6620D).

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

B-81 EYERE ANABUI, ET AL.

Eyere Anabui, Sonia Gonzalez, Barbara Johnson, Antonio Padilla, Robert Rague and Nicole Rapuano request a make-up for the Entry Level Law Enforcement Examination (S9999D).

ACTION: The Merit System Board denied the requests.

B-82 STEVEN DILL

Steven Dill appeals the denial of his request for a make-up examination for Fire Fighter (M9999E), various jurisdictions.

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

B-83 MAKRAM MICHAIL

Makram Michail appeals the denial of his request for a make-up examination for the promotional examination for Human Services Specialist 4 (PC1145D), Hudson County .

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

B-84 JOHN STORMS

John Storms appeals the determination of the Division of Selection Services, which denied his request for a make-up examination for the oral portion of the promotional examination for Police Captain (PM3520D), City of Clifton .

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

B-85 SABATA CLOSEL

Sabata Closel appeals the administration of the promotional examination for Secretarial Assistant 3 (Non-Stenographic) (PS5115N), Department of Labor.

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

B-86 AIXA CRUZ

Aixa Cruz appeals the administration of the promotional examination for Records Technician 3, Motor Vehicles (PS3665T), Department of Transportation.

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

B-87 WILMA LEBRON

Wilma Lebron appeals the administration of the open competitive examination for Technical Assistant 3 (M0194D), Newark School District .

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

B-88 DAVID J. BARRETT, ET AL.

Fire Lieutenant David J. Barrett and Fire Captains Robert F. O'Neill and Anthony Verley, members of the Township of Teaneck Fire Department (Teaneck), request that the Department of Personnel (CSC) declare them eligible to sit for the Teaneck Fire Captain (PM3511E) examination and for a make-up examination for the Teaneck Deputy Fire Chief (PM3590D) examination on the basis of January 1, 2001 retroactive appointment dates conferred on them, for seniority purposes only, in In the Matter of William J. Brennan and Fire Lieutenant (PM1201T) and Fire Captain (PM1191T), Township of Teaneck (Merit System Board, decided April 9, 2003).

ACTION: The Merit System Board denied the requests.

B-89 JAMES LETELLIER

James LeTellier, represented by Katherine Hartman, Esq., appeals the title scope for the promotional examination for Police Chief (PM3535E), Lacey Township .

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

B-90 DEBORAH FITZGERALD

Deborah Fitzgerald appeals the use of the Supervisor Test Battery (STB) for the promotional examination for Personnel Assistant 1 (PS7028Q), Office of the Public Defender.

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

B-91 JEFFREY RAY

The Acting Assistant Director, Human Resource Information Services, requests that the regular reemployment list for Conservation Officer 3, Department of Environmental Protection, be revived so that Mr. Ray's name may be certified when he is released from active military duty.

ACTION: The Merit System Board granted the request.

B-92 ROCKY CRESPO

Rocky Crespo requests admittance to the examination for Fire Fighter (M9999E), various lists.

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

B-93 ROSE MCCOLLUM

Rose McCollum requests that the provisions of N.J.A.C. 4A:4-2.3(b)(3) be relaxed to accept her application after the announced closing date for Head Nurse (C9525D), Cape May County .

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

B-94 IRENE RICE

The Assistant Library Director, on behalf of Irene Rice, requests that the provisions of N.J.A.C. 4A:4-2.6(a)(4) be relaxed to accept her late application postmarked after the announced closing date for Supervising Library Assistant (PM1248E), City of Ocean City.

ACTION: The Merit System Board granted the request.

B-95 ROBERT JACOBY

The Village of Ridgewood requests relaxation of N.J.A.C. 4A:4-7.1A(d) and N.J.A.C.4A:4-7.5 in order to permit the intergovernmental transfer of probationary Police Officer Robert Jacoby, Village of Ridgewood to the title of Sheriff's Officer, Sussex County.

ACTION: The Merit System Board granted the request.

B-96 JUDITH NEWMAN

Judith Newman, an employee with the Higher Education Student Assistance Authority, appeals the denial of participation as a leave recipient in the donated leave program.

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

B-97 CORRECTION SERGEANT (PS5613I), DEPARTMENT OF CORRECTIONS

PBA Local 105, represented by Robert A. Fagella, Esq., appeals the decision of the Division of Selection Services to retain the results for the promotional examination for Correction Sergeant (PS5613I), Department of Corrections and to not re-administer the examination to all candidates.

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

B-98 JOHN DURISH, ET AL.

John Durish and Felix McNally, Fire Captain (PM3505E), Irvington ; Joseph Berchtold, Fire Captain (PM3511E) Teaneck ; and Thomas Lopardo, Fire Captain (PM3523E), New Brunswick City , appeal the correct responses to various questions on their respective promotional examinations.

ACTION: The Merit System Board directed that question 6 be double-keyed to options c and d, question 19 be double-keyed to options b and c, question 68 be double-keyed to options b and d and the remainder of the appeals be denied.

B-99 CHARLES BUNNELL, DAVID HARDIE AND ROCCO NOVELLINO

The Township of Berkeley , represented by Eric M. Bernstein, Esq., requests that a waiver of examination, pursuant to N.J.A.C. 4A:4-2.7, be granted for Charles Bunnell, David Hardie and Rocco Novellino so that they may be appointed to the Police Captain title.

ACTION: The Merit System Board denied the request.

B-100 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of October 22, 2003 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of October 22, 2003 .

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

B-101 DARYL BEECHAM

The appeals of Daryl Beecham, an Electrical Mechanic 1 with the Department of Transportation, of his 15-day suspension and his removal effective November 17, 2000 on charges, was heard by Administrative Law Judge Diana C. Sukovich (ALJ), who rendered her initial decision on September 8, 2003. At its meeting on October 22, 2003 , the Board adopted the ALJ's recommendation to uphold the 15-day suspension and the removal. The proposed final decision is now submitted to for the Board's review.

ACTION: The Merit System Board adopted the final decision.

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

B-102 JOHN GILLESPIE

The Township of Deptford requests the relaxation of N.J.A.C. 4A:4-7.1A(d) so as to permit the intergovernmental transfer of John Gillespie from the title of Sheriff's Officer, Gloucester County Sheriff's Office, to the title of Police Officer, Deptford Township.

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

B-103 EARLY SETTLEMENTS

Barbara Cauthen
Department of Health and Senior Services
Return to permanently held title

Tonisha Cook
City of Clifton
Release at the end of the working test period

Leona V. Hendryx
County of Mercer
Suspensions (3)

Danielle King
Thomas Edison State College
Release at the end of the working test period

Janet Murphy
City of Jersey City
Suspension

Jazmine Rusi
City of Camden
Release at the end of the working test period

Matthew Salamandra
Juvenile Justice Commission
Suspension and removal

Ebony Selby
New Lisbon Developmental Center
Department of Human Services
Resignation not in good standing

ACTION: The Merit System Board acknowledged the settlements.

104 EVELYN COSSABOON

Evelyn Coosaboon appeals her rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove her name from the eligible list for Correction Officer Recruit (S9999B) on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-105 JED SCHAPPERT

Jed Schappert, represented by Christopher Fusco, Esq., appeals his rejection as a Sheriff's Officer candidate by the Hudson County Sheriff's Department and its request to remove his name from the eligible list for Sheriff's Officer on the basis of psychological unfitness to perform effectively the duties of the position.

ACTION: The Merit System Board referred the matter for an independent psychological evaluation.

B-106 MAURICE CULVER

Maurice Culver, an Unemployment Insurance Clerk with the Department of Labor appeals the denial of sick leave injury (SLI) benefits.

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

B-107 JACQUELINE DAVIS

Jacqueline Davis, a Senior Correction Officer at Garden State Reception & Youth Correctional Facility, Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-108 EVELYN SCOTT

Evelyn Scott, a Senior Building Maintenance Worker at the Katzenbach School for the Deaf, Department of Education, represented by Paul A. Devlin, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-109 ESTHER WILLIAMS

Esther Williams, a Supervisor of Nursing Services 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 appeal be granted.

B-110 GARY DIOGENE

The appointing authority appeals the decision of Human Resource Information Services (HRIS), which restored Gary Diogene's name to the eligible list for Sheriff's Officer (S9999D), Essex County

ACTION: The Merit System Board directed that this appeal be granted and Mr. Diogene's name be removed from the Sheriff's Officer (S9999D), Essex County , eligible list.

B-111 ROBERT CIPOLLA

Robert Cipolla, a Lieutenant with the New Jersey State Police, Department of Law and Public Safety, appeals the determination of the Executive Assistant Attorney General, which found that he failed to present a 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 directed that this appeal be denied.

B-112 CLARETTA PAGE

Claretta Page, a Secretarial Assistant 3, Non-Stenographic, with Kean University , appeals the determination of the Interim President of Kean University , stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-113 JAMES L. MONROE, SR.

The Superior Court of New Jersey, Appellate Division, has remanded the matter of the removal of James L. Monroe, Sr.'s name from the eligible list for Correction Officer Recruit (S9999W), Department of Corrections, to the Merit System Board for reevaluation.

ACTION: The Merit System Board vacated the prior decision and mandated James L. Monroes' appointment.

B-114 JAMES L. MONROE, SR.

Burlington County (County), represented by Daniel Hornickel, Assistant County Solicitor, petitions the Merit System Board (Board) for acknowledgement of the settlement reached between the County and James L. Monroe, Sr.

ACTION: The Merit System Board acknowledged the settlement.

B-115 MARTHA ARNOLD

Martha Arnold appeals the determination of the Division of Selection Services, which found that she did not meet the eligibility requirements for the promotional examination for Administrative Assistant 1 (PS6475F), Department of Education.

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

B-116 MARY BERTSCH, ET AL.

Mary Bertsch, Kimberly Braunwarth, and Ruby Goyal-Carkeek 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 Contract Administrator 1 (S6556D).

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

B-117 EMMANUEL EZE, ET AL.

Emmanuel Eze, Eugene Rogers, Jr., Soosamma Samuel, Maria Signora, and Leila Walsh appeal the determination 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 Claims Adjudicator, Disability Determinations (S0044D), Department of Labor.

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

B-118 SUSAN FARRELL AND DONNA MAGGITTI

Susan Farrell and Donna Maggitti 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 Deputy Municipal Court Administrator (M6922D), Little Egg Harbor Township.

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

B-119 LILLIAN FOSTER

Lillian Foster appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for Senior Training Technician (S0179E).

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

B-120 KATHRYN HIMSEL

Kathryn Himsel 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 Social Worker 2 (PS6611K), Woodbine Developmental Center .

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

B-121 ESTHER IBEKUNA

Esther Ibekuna appeals the determination of the Division of Selection Services, which found that she did not meet the educational requirements for the open competitive examination for Food Service Manager (C1120B), Morris County .

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

B-122 ABDUL JABBAR KAHN AND MONA VORA

Abdul Jabbar Kahn and Mona Vora appeal the determination of the Division of Selection Services, which found that they did not provide an evaluated foreign transcript for the open competitive examination for Claims Adjudicator, Disability Determinations (S0044D), Department of Labor.

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

B-123 SCOTT KALMBACH

Lauren Young, Staff Representative, Communication Workers of America (CWA) Local 1034, on behalf of Scott Kalmbach, 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 Truck Driver (PM1264D), Moorestown Township .

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

B-124 CATHERINE KARNICKY

Catherine Karnicky 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 Health Representative 3 (Certified Tumor Registrar), (S9208E), Department of Health and Senior Services.

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

B-125 IRIS MARTINEZ

Iris Martinez appeals the decision of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Supervisor of Accounts (PS8407I), Department of Corrections.

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

B-126 RAYMOND MCCARTHY

Raymond McCarthy appeals the determination of the Division of Selection Services that he did not meet the requirements for the open-competitive examination for Family Counselor (C0194D), Union County .

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

B-127 SHEILA MILLER

Sheila Miller appeals the determination of the Division of Selection Services, which found that she did not meet the educational requirements for the open competitive examination for Food Service Manager (C1120B), Morris County .

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

B-128 JOSEPH RIZZO

Joseph Rizzo 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 1 (Data Processing) (PS4955H), Department of Health and Senior Services.

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

B-129 ELIZABETH WILLIAMS

Elizabeth Williams 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 Principal Clerk Transcriber, Bilingual in Spanish and English (M0102D), Lakewood Township .

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

B-130 VERONICA SERRANO

Veronica Serrano appeals the determination of the Division of Selection Services, which found that she did not appear at the examination site at the designated time for the Entry Level Law Enforcement Examination (S9999D).

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

B-131 PERRY JACKSON

Perry Jackson requests, pursuant to N.J.A.C. 4A:4-2.14(b), that his score for the Entry Level Law Enforcement Examination (S9999D) be waived.

ACTION: The Merit System Board denied the request.

B-132 STEVEN PRZYBYLSKI

Steven Przybylski appeals his score on the promotional examination for Maintenance Repairer (PM1734C), Lacey Township .

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

B-133 MIKE BABIAK AND DOUGLAS PETERSON

Mike Babiak and Douglas Peterson appeal the decision of the Division of Selection Services denying their requests for a make-up examination for the written portion of the examination for Fire Fighter (M9999E), various jurisdictions.

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

B-134 TOSHAY COUNCIL

Toshay Council appeals the determination of the Division of Selection Services, which denied her admittance to the open-competitive examination for Fire Fighter (M9999E).

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

B-135 CHRISTINE MARTIN AND MELANIE MILLS

Christine Martin and Melanie Mills appeal the determinations of the Division of Selection Services, which found that appellants filed their applications after the announced filing deadline for the promotional examination for Human Services Specialist 2 (PC0951E), Monmouth County .

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

B-136 SALAH UD-DIN ABDUL-NUR

Salah ud-Din Abdul-Nur appeals the validity of the promotional examination for Administrative Analyst 1 (Data processing) (PS5368H), Department of Health and Senior Services.

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

B-137 DAVID STEWART

David Stewart requests restoration of prior State service in order for his personnel record to reflect continuous permanent services.

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

B-138 CASHIER (C7670D), PASSAIC COUNTY

The appointing authority's failure to properly dispose of the certification for Cashier, while a provisional appointee is serving in the title, has been referred to the Merit System Board for enforcement. This matter was held over from the October 22, 2003 Merit System Board meeting.

ACTION: The Merit System Board ordered the appointing authority to remove the provisional appointee, make and appointment from the list and pay compliance costs.

B-139 EARLY SETTLEMENTS

Dianna Banks
Vineland Developmental Center
Department of Human Services
Suspension

Jennifer Durham
Vineland Developmental Center
Department of Human Services
Release at the end of the working test period

Joseph Quann
County of Camden
Department of Municipal Utilities Authority
Suspension

John Umoh
Division of Youth and Family Services
Department of Human Services
Resignation not in good standing

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

__________________________________

MARGARET E. L. HOWARD

PRESIDING BOARD MEMBER

MERIT SYSTEM BOARD

 

 

 

 

 

 

 
 
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