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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, December 3, 2003 , in Trenton , New Jersey .

PRESENT: Margaret E. L. Howard, Presiding Merit System Board Member, Merit System Board Members, Alan Dexter Bowman, Josephine DiRienzo and Robert J. Long; Barbara Bereski, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.

In accordance with L.1975, c.231, 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.

TO: Ida Castro, Commissioner
Department of Personnel

FROM: Elizabeth Van Marter, Director
Human Resource Management

SUBJECT: Change in the State Classification Plan

DATE: November 17, 2003

DEPARTMENT OF EDUCATION

The Department of Education requests the establishment of two department-specific titles, Education Program Development Specialist 1, 10 Months and Education Program Development Specialist 2, 10 months for use in the Marie A. Katzenbach School for the Deaf.

The Marie A. Katzenbach School for the Deaf is unable to find qualified candidates to perform the duties of current vacant positions due to the salary range established for Education Program Development Specialist 3 10 Months. The titles should be allocated to the non-competitive service to be consistent with the service allocation of all other titles in this series having a different work year. The bargaining unit designations are also consistent with those established for other titles in this series. The Department of Education has agreed to relinquish use of two other unneeded titles in exchange for approval of this request.

TITLE CREATION

Effective: 10/18/03

Education Program Development Specialist 1, 10 Months

CC 30/R27 Non-Competitive Education NL/10

Education Program Development Specialist 2, 10 Months

CC 28/P25 Non-Competitive Education NL/10

CONFIDENTIAL APPOINTMENTS

The Merit System Board recorded the following Confidential Appointments under N.J.S.A. 11A:3-4(h):

David H. Robinson appointed as a Confidential Assistant, Board of Public Utilities, effective September 15, 2003, salary of $75,000.00 per annum.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Daniel Del Valle
County of Passaic
Sheriff's Office
Removal

In the Matter of Jennifer Donlon
Township of Lacey
Police Department
Resignation not in good standing

In the Matter of Jerome Ellis
Ancora Psychiatric Hospital
Department of Human Services
Release at the end of the working test period
In the Matter of Kathy Fusco
Trenton Psychiatric Hospital
Department of Human Services
Removal

In the Matter of Robert Harris
Northern State Prison
Department of Corrections
Removal

In the Matter of Keli Oatman
City of Atlantic City
Police Department
Removal

In the Matter of Yolanda Shabazz
City of Atlantic City
Department of Administration
Removals

In the Matter of Patricia Sherwood
Vineland Developmental Center
Department of Human Service
Suspension

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

ACTION: The Merit System Board acknowledged the settlements.

A-2 SUNNY EROMOSELE

Sunny Eromosele, Hospital Attendant, County of Essex , Department of Health and Rehabilitation, 90-day suspension on charges of failure to perform duties, neglect of duties and violation of rules and regulations.

Recommendation of the Administrative Law Judge - Uphold the 90-day suspension.

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

A-3 ROCKY REMBERT

Rocky Rembert, Senior Correction Officer, East Jersey State Prison, Department of Corrections, release at the end of the working test period effective January 7, 2003 .

Recommendation of the Administrative Law Judge - Reverse 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 EDWARD FLORES

Edward Flores, Fire Fighter, Fire Department, City of Trenton, removal effective February 26, 2002, on charges of conduct unbecoming a public employee and violation of rules regarding intoxication or illegal use of drugs, physical capability, and violation of an "On Notice Employment Agreement".

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-5 KEVIN GEORGE

Kevin George, Police Sergeant, City of Newark, Police Department, removal effective April 11, 2001, on charges of violation of Police Department rules regarding drug screening policy, intoxication or illegal use of drugs 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.

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

A-6 FRANK GRECO

Frank Greco, Senior Correction Officer, Adult Diagnostic and Treatment Center, Department of Corrections, removal effective March 23, 2000, on charges of violation of rules regarding improper or unauthorized contact with inmates, 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.

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

A-7 YVONNE HOLLEY

Yvonne Holley, Senior Correction Officer, Adult Diagnostic and Treatment Center, Department of Corrections, removal effective March 20, 2000, on charges of violation of rules regarding improper or unauthorized contact with inmates, 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.

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

A-8 RAHEEM RASHADA

Raheem Rashada, Senior Correction Officer, Adult Diagnostic and Treatment Center, Department of Corrections, removal effective February 3, 2000, on charges of violation of rules regarding improper or unauthorized contact with inmates, 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.

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

A-9 KEITH REED

Keith Reed, Senior Correction Officer, Adult Diagnostic and Treatment Center, Department of Corrections, removal effective February 14, 2000, on charges of violation of rules regarding improper or unauthorized contact with inmates, 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.

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

A-10 KEITH SLAUGHTER

Keith Slaughter, Senior Correction Officer, Adult Diagnostic and Treatment Center, Department of Corrections, removal effective July 3, 2000, on charges of violation of rules regarding improper or unauthorized contact with inmates, 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.

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

A-10 KEITH SLAUGHTER

Keith Slaughter, Senior Correction Officer, Adult Diagnostic and Treatment Center, Department of Corrections, removal effective July 3, 2000, on charges of violation of rules regarding improper or unauthorized contact with inmates, 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.

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

A-11 MICHAEL VIGGIANO

Michael Viggiano, Senior Correction Officer, Adult Diagnostic and Treatment Center, Department of Corrections, removal effective February 2, 2000, on charges of violation of rules regarding improper or unauthorized contact with inmates, 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.

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

A-12 DAVID MARTINEZ

David Martinez, Police Officer, City of Jersey City, Police Department, removal effective June 3, 2002, on charges of violation of Police Department rules regarding narcotic use and obedience to laws, regulations and orders.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-13 MARK RASSMAN (REMAND)

Mark Rassman, Police Officer, City of Atlantic City, Police Department, removal effective October 4, 2000, on charges of inability to perform duties, conduct unbecoming a public servant, neglect of duty, and violation of various Police Department rules.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-14 ALDITH SPENCER

Aldith Spencer, Human Service Technician, New Jersey Veterans' Memorial Home, Paramus , Department of Military and Veterans Affairs, removal effective February 12, 2002 , on charges of verbal abuse of a patient, client, resident or employee and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-15 ERIC THOMAS WRIGHT

Eric Thomas Wright, Laborer, Township of Lawrence, Department of Public Works, 15-day suspension on the charge of chronic or excessive absenteeism or lateness and removal effective January 4, 2003, on the charge of neglect of duty.

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

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

A-16 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. This matter was previously presented to the Merit System Board at its regular meeting of November 19, 2003 , and was held over.

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 remanded the matter to the Office of Administrative Law.

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

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. This matter was previously presented to the Merit System Board at its regular meeting of November 19, 2003 , and was held over.

Recommendation of the Administrative Law Judge - Uphold the removal.

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)

SECTION B - MISCELLANEOUS MATTERS

B-1 JOHN BRANTLEY

John Brantley, a Truck Driver Single Axle with Greystone Park Psychiatric Hospital , Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-2 LOLA BROWN

Lola Brown, a Senior Therapy Program Assistant with Arthur Brisbane Child Treatment Center , Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-3 ROSEMARIE DURAN

Rosemarie Duran, a Practical Nurse with the Woodbine 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 CLIFFORD FRITSCH

Clifford Fritsch, a Senior Medical Security Officer with Ann Klein Forensic Hospital , Department of Human Services, represented by Ronald Brown, President, AFSCME Local 2222, appeals the denial of sick leave injury (SLI) benefits.

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

B-5 CALVIN GRAY

Calvin Gray, a Network Administrator 1 with the Division of Family Development, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-6 ANITA GREEN

Anita Green, a Taxpayer Service Representative 1 with the Department of the Treasury, appeals the denial of sick leave injury (SLI) benefits.

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

B-7 JOHN LONG

John Long, 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 (SLI) benefits.

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

B-8 EDWINA MASSAQUOI

Edwina Massquoi, a Graduate Nurse with 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 denied.

B-9 CHANDAR MCDANIELS

Chandar McDaniels, a Senior Correction Officer with Northern State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board granted a hearing.

B-10 DIANE MENNA

Diane Menna, a Family Service Specialist 1 with the Division of Youth and Family Services (DYFS), 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-11 JAMES MOUNT

James Mount, a Therapy Aide with the Woodbine Developmental Center , Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-12 PAUL CARRERA

Paul Carrera appeals the decision of Human Resource Information Services (HRIS), which upheld the removal of his name from the eligible list for Electrician (S0055D) on the basis of an unsatisfactory employment record.

ACTION: The Merit System Board granted a hearing.

B-13 ALVINA CONYERS

Alvina Conyers appeals the decision of Human Resource Information Services (HRIS), which upheld the appointing authority's bypass of her name on a certification of the Management Specialist (PM0873D), Newark School District , eligible list.

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

B-14 DONALD PECILE

Donald Pecile, represented by Silvana D. Raso, Esq., appeals the determination of Human Resource Information Services, which found that Bergen County had presented a sufficient basis to remove the appellant's name from the Chief Administrative Services (C1397B), Bergen County , eligible list on the basis that he lacked the required education and/or experience.

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

B-15 PAUL REAGAN

Paul Reagan, represented by Daniel F. Sahin, Esq., appeals the decision of the appointing authority to bypass his name on the Police Sergeant (PM2527A), Township of Jackson eligible list.

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

B-16 ROBERT RIVERA

Robert Rivera, represented by Frank M. Crivelli, Esq., appeals the decision of Human Resource Information Services, which upheld the removal of his name from the eligible list for Correction Lieutenant (PS6320I), Department of Corrections, on the basis of an unsatisfactory employment record.

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

B-17 DAVID TOMICZEK

David Tomiczek appeals the decision of Human Resource Information Services (HRIS), which found that the appointing authority had presented a sufficient basis to remove his name from the County Correction Officer (S9999B), Passaic County , eligible list due to an unsatisfactory criminal record and driving record.

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

B-18 EMPLOYMENT COUNSELOR (M1223B), LONG BRANCH CITY HOUSING AUTHORITY

The appointing authority, represented by Richard C. Sciria, Esq., requests permission not to make an appointment from the certification for Employment Counselor (M1223B), Long Branch City Housing Authority.

ACTION: The Merit System Board granted the request for appointment waiver and waived selection costs.

B-19 CHRISTINA DIPIETROPOLO

Christina DiPietropolo, a Hearing Officer with the State Parole Board (SPB), appeals the determination of the Deputy Executive Director, SPB, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

ACTION: The Merit System Board granted a hearing.

B-20 EDWARD GUZ

Edward Guz, a Business Manager 1 with the Department of Corrections (DOC), appeals the determination of the Assistant Director, Equal Employment Division, with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that he had been subject to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-21 DAVID BARNES

David Barnes, represented by F. Michael Daily, Jr., Esq., petitions the Merit System Board, (Board) for reconsideration of the final administrative decision, rendered on May 28, 2003, in which the Board acknowledged the a settlement agreement between the petitioner and the Department of Military and Veterans Affairs.

ACTION: The Merit System Board denied the request.

B-22 ABDUR-RAHIM MUHAMMAD

Abdur-Rahim Muhammad petitions the Merit System Board (Board) for reconsideration of the final administrative decision, rendered on May 28, 2003 , in which the Board denied his appeal to have his name restored to the Correction Officer Recruit (S9999D), Department of Corrections eligible list.

ACTION: The Merit System Board denied the request.

B-23 PHILIP B. RANDOLPH

Philip B. Randolph petitions the Merit System Board for reconsideration of its decision rendered on August 12, 2003 in which the Board determined that appellant was entitled to a retroactive permanent appointment date, but without back pay.

ACTION: The Merit System Board denied the request.

B-24 MOSES THOMPSON

Moses Thompson, a Youth Worker with the Division of Youth and Family Services, Department of Human Services, petitions the Merit System Board (Board) for reconsideration of the final administrative determination, rendered April 10, 2003, by the Director of Merit System Practices and Labor Relations (Director), denying his request for a hearing concerning the appeal of his 20-day suspension effective February 5, 2003, due to untimely filing of his appeal.

ACTION: The Merit System Board denied the request.

B-25 RENEE VASEY

Renee Vasey, a Support Services Representative 3 (SSR3), with the Motor Vehicle Commission, petitions the Merit System Board (Board) for reconsideration of the final administrative determination, rendered March 26, 2003, in which the Board upheld her release at the end of her working test period (WTP) from the title of Support Services Representative 2 (SSR2).

ACTION: The Merit System Board denied the request.

B-26 KERRY MARTIN

Kerry Martin, a Mechanic with Union County , represented by Michael A. Bukosky, Esq., petitions the Merit System Board for a hearing on his 10-day suspension.

ACTION: The Merit System Board denied the request.

B-27 ROGER HARRIS

Roger Harris, a Police Officer with the City of Newark , represented by Anthony J. Fusco, Jr., Esq., petitions the Merit System Board for a stay and interim relief of his removal.

ACTION: The Merit System Board denied the request.

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

B-28 TIMOTHY HICKMAN

Timothy Hickman, a Senior Correction Officer at South Woods State Prison, Department of Corrections, represented by Kevin P. McCann, Esq., petitions the Merit System Board for counsel fees following a settlement agreement.

ACTION: The Merit System Board denied the request.

B-29 DONALD H. NELSEN, JR.

Donald H. Nelsen, Jr., a Senior Correction Officer with East Jersey State Prison, Department of Corrections, seeks the Merit System Board resolution of a dispute concerning back pay and benefits.

ACTION: The Merit System Board ordered the Department of Corrections to pay the appellant $89,596.64 in back pay and $13,274.92 reimbursement for payments to maintain health insurance coverage. The Merit System Board also denied the appellant's request for interest and directed that the appellant's leave be adjusted to reflect a credit of 40 vacation days and 124 sick days.

B-30 ANTHONY SACCARO AND CHARLES CUTLER

Anthony Saccaro, a Fire Protection Subcode Official, and Charles Cutler, a Construction Officer, with the Township of Allamuchy , seek enforcement of the Merit System Board decisions rendered on January 29, 2003 and April 9, 2003 granting them back pay, benefits and seniority.

ACTION: The Merit System Board granted gross back pay for Anthony Saccaro in the amount of $87.09 and granted gross back pay for Charles Cutler in the amount of $140,820.31 plus the amount of money that represents gross back pay from October 1, 2003 until November 12, 2003 . The Board also granted both petitioners vacation leave, sick leave and seniority.

B-31 JANICE CLOYD

Trenton Psychiatric Hospital , Department of Human Services, represented by Vivian I. Zumas, DAG, requests interlocutory review of the oral opinion of Administrative Law Judge Stephen Reback (ALJ) in Janice Cloyd v. Trenton Psychiatric Hospital pursuant to N.J.A.C. 1:1-14.10(a).

ACTION: The Merit System Board granted interlocutory review, directed that the oral opinion of the ALJ be vacated and remanded to the ALJ for a new ruling.

B-32 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. This matter was held over from the Merit System Board meeting of November 19, 2003 .

ACTION: The Merit System Board adopted the final decision.

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

B-33 TRACY ADAMCZYK, ET AL.

Tracy Adamczyk, Dennis Alba, Albert Donato, Michael Gurovick, Jabril Kendirk, Laurie Langell, Christopher Mistichelli, Yenismaili Munoz, Thomas Pulcrano, and James Walso appeal the determinations of the Division of Selection Services, which found that they did not meet the experience, or education and experience requirements for the Investigator, Public Defender (S0105D), Office of the Public Defender open competitive examination.

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

B-34 KATHLEEN BROWN

Kathleen Brown 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 Supervisor of Patients Accounts 2 (S0041D).

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

B-35 SANDRA BROWNELL, ET AL.

Sandra Brownell, Frances M. Costa and Marion Schwartz appeal the determination of the Division of Selection Services, which found that they did not meet the education and/or experience requirements for the promotional examination for Program Manager, Health Facilities (PS3042H), Department of Health and Senior Services.

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

B-36 CYNTHIA BUCCHI, ET AL.

Cynthia Bucchi, Maria D'Angelo, Rosalind R. James, Carla M. Lewis, and Rhonda McLaren appeal the determinations of the Division of Selection Services, which found that, as per the substitution clause for education, they did not meet the experience requirements for the promotional examination for Management Assistant (PS5831F), Department of Education.

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

B-37 PAUL BUDZINSKI

Paul Budzkinski 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 Crew Supervisor, Building Maintenance Programs, (S0053D).

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

B-38 PAULINE CHANDLER

Pauline Chandler appeals the determination of the Division of Selection Services that she did not list the required license or registration on her application for the open competitive examination for Medical Records Technician (S9172D).

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

B-39 GAIL COKER AND PHYLLIS HAMEDL

Gail Coker and Phyllis Hamedl appeal the determinations of the Division of Selection Services that they did not meet the experience requirements for the promotional examination for Claims Adjudicator Support Specialist 1 (PS2474N), Department of Labor.

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

B-40 VALERIE CONNOR AND JOYCE BARKLEY

Valerie Connor and Joyce Barkley appeal the determinations of the Division of Selection Services that they did not meet the experience requirements for the promotional examination for Claims Adjudicator Support Specialist 1 (PS2474N), Department of Labor.

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

B-41 LILLIAN T. FOSTER, ET AL.

Lillian T. Foster, Anthony J. Strickland, and Richard E. Thompson appeal the decisions of the Division of Selection Services, which found that they did not meet the experience requirements for the open competitive examination for Veterans Services Officer 3 (S0089D).

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

B-42 ACQUNETTA GREEN

Acqunetta Green appeals the determination of the Division of Selection Services, which found that, per the substitution for education, she was below the minimum requirements in experience for the promotional examination for Personnel Assistant 4 (PS5670K), Greystone Park Psychiatric Hospital .

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

B-43 GEORGE C. GRIMALDI

George C. Grimaldi 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 Operating Engineer, Heating and Air Conditioning (S6616D).

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

B-44 NATHANIEL HARP, JR.

Nathaniel Harp, Jr., appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the Supervisor of Garage Services (PM0447C), Newark School District promotional examination.

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

B-45 HARRISON HOGUE

Harrison Hogue appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the Senior Maintenance Repairer (M6201E), Newark School District , open competitive examination.

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

B-46 DIANA KELLEY, ET AL.

Diana Kelley, Joan Van Gilson, and Loretta Whelan appeal the determinations of the Division of Selection Services, which found that they did not meet the minimum requirements for the promotional examination for Supervising Management and Operations Analyst (PS4858K), Division of Family Development.

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

B-47 CHARLES MATLOCK, JR.

Charles Matlock, Jr., appeals the determination of the Division of Selection Services that he did not meet the experience requirement for the promotional examination for Project Manager, Data Processing (PS611K), Department of Human Services.

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

B-48 MARGARITA MCLEOD

Margarita McLeod appeals the decision of the Division of Selection Services, which found that she did not meet the experience requirements for the open competitive examination for Social Worker, Aging (C0312D), Middlesex County .

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

B-49 JANET PARROTTA

Janet Parrotta appeals the determination of the Division of Selection Services, that she did not meet the experience requirement for the promotional examination for Project Manager, Data Processing (PS1611K), Department of Human Services.

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

B-50 NAMON PEEPLES

Namon Peeples appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in experience for the Senior Maintenance Repairer (M6201E), Newark School District , open competitive examination.

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

B-51 GREGORY C. PERRY

Gregory C. Perry appeals the decision of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Senior Youth Worker (PS5794K), Division of Youth and Family Services.

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

B-52 KERRY PITTER

Kerry Pitter appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Community Program Specialist (S0019D), Division of Developmental Disabilities, Department of Human Services.

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

B-53 ROSARIO J. RODRIGUEZ

Rosario J. Rodriguez appeals the decision of the Division of Selection Services, which found that she did not meet the education and experience requirements for the open competitive examination for Executive Assistant (M6802D), Jersey City .

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

B-54 JO-BEA A. SCIARROTTA

Jo-Bea A. Sciarrotta 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 Manager, Health Facilities (PS3042H), Department of Health and Senior Services.

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

B-55 JASON D. SINCOSKIE

Jason D. Sincoskie 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 Operating Engineer, Heating and Air Conditioning (S6616D).

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

B-56 JOZEF L. STAMPS

Jozef L. Stamps 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 Job Developer (M0193D), Newark .

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

B-57 JONAS WEISSBROD

Jonas Weissbrod appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examination for Principal Procedures Analyst (S6620D). Mr. Weissbrod also appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the open competitive examination for Supervisor of Policy Development (S3009D).

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

B-58 ALICE D. WHITE

Alice D. White appeals the decision of the Division of Selection Services, which found that she did not meet the experience requirements for the open competitive examination for Technical Assistant 3 (M0194D), Newark School District .

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

B-59 MICHAEL WILLIAMS, ET AL.

Michael Williams (PM2580D), Hackensack, Wilfred Whitley (PM2598D), Plainfield; and John Annillo (PM2606D), Union City; appeal the determination of the Division of Selection Services which found them ineligible for the promotional examination for Police Lieutenant (various jurisdictions).

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

B-60 MOHAMED BASHA

Mohamed Basha appeals his score on the Residential Living Specialist (Mental Health) (PS4851K), Greystone Park Psychiatric Hospital promotional examination.

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

B-61 CAROLYN WHITAKER

Carolyn Whitaker appeals her score on the open competitive examination for Data Control Processing Input/Output Control Specialist 2 (S6645E).

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

B-62 CHIHWEI JEN, ET AL.

Chihwei Jen, Shaenna King, and Simon Nwachukwu appeal the test administration for the written promotional examination for Senior Engineer, Planning (PS3664T), Department of Transportation.

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

B-63 PIETRO MAGLIANO

Pietro Magliano appeals the written examination for County Correction Lieutenant (PC2627D), Hudson County .

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

B-64 WESLEY DRELICH

Wesley Drelich appeals the administration of the examination for Sheriff's Officer Sergeant (PC3018C), Passaic County .

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

B-65 MARTIN NIEVES

Martin Nieves, represented by David Stefankiewicz, Esq., appeals the bilingual skills portion of the examination for Sheriff's Officer Bilingual in Spanish and English (S9999B).

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

B-66 PHILIP SICILIANO

The Director, Division of Human Resource Management (DHRM), on behalf of the Monmouth County Department of Human Services, requests that Philip Siciliano's out-of-title work experience be accepted to qualify him for a prospective promotional examination for the title of Program Director, Housing Assistance.

ACTION: The Merit System Board granted the request.

B-67 JOHN SHORT AND WILLIAM COSTIGAN

John Short and William Costigan, Police Lieutenants with the City of Jersey City, represented by Joseph S. Murphy, Esq., appeal the decision of Human Resource Information Services (HRIS), which denied Short's request to revive the eligible list for Police Captain (PM3559A), City of Jersey City, in order to effectuate their appointments.

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

B-68 MERIT SYSTEM BOARD MEETING DATES FOR 2004

The proposed Merit System Board meeting dates for 2004 are submitted for the Board's approval.

ACTION: The Merit System Board adopted the meeting dates for 2004.

B-69 MERIT SYSTEM BOARD MINUTES

The Merit System Board minutes for the meeting of November 19, 2003 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of November 19, 2003 .

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

B-70 EARLY SETTLEMENT

Grace Fox
Hunterdon Developmental Center
Department of Human Services
Release at the end of the working test period

Allen King
New Lisbon Developmental Center
Department of Human Services
Resignation not in good standing

Michael Nutt
Commission for the Blind and Visually Impaired
Removal

Josephine Peabody
New Lisbon Developmental Center
Department of Human Services
Suspension

Nicole Pullen
Ann Klein Forensic Center
Department of Human Services
Suspension

Tony Richey
Newark School District
Suspension.

Michael Seabrooks
New Lisbon Developmental Center
Department of Human Services
Release at the end of the working test period

Janice Vassell
Hunterdon Developmental Center
Department of Human Services
Release at the end of the working test period

ACTION: The Merit System Board acknowledged the settlements.

B-71 ANGEL M. PERLATA

The appeals of Angel M. Perlata, an Accountant 2 with the Division of Consumer Affairs, Department of Law and Public Safety, of his 10-day suspension and his removal from employment effective May 12, 1999, on charges, was heard by Administrative Law Judge Robert J. Giordano (ALJ), who rendered his initial decision on October 9, 2003 upholding the removal and increasing the 10-day suspension to a six-month suspension. At its meeting on November 19, 2003 , the Merit System Board upheld the removal but did not adopt the ALJ's recommendation regarding the suspension. Rather, the Board upheld the 10-day suspension. The proposed final decision is now submitted for the Board'' review.

ACTION: The Merit System Board adopted the final decision.

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

B-72 ANTHONY MCKENZIE

The Superior Court, Appellate Division, has temporarily remanded the February 26, 2003 decision of the Merit System Board, which modified Anthony McKenzie's removal to a 120 calendar day suspension and granted the appellant mitigated back pay, benefits, and seniority, for a determination regarding the amount of back pay.

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

There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, December 17, 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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