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

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Rolando Torres, Jr., Chairman
Flavella Branham
John Currie
Margaret E.L. Howard
Robert Long

A regular meeting of the Merit System Board was held on Wednesday March 28, 2007, in Trenton, New Jersey.

PRESENT: Chairman Rolando Torres, Jr., Merit System Board Members, Flavella Branham, John Currie, Margaret E. L. Howard, and Robert J. Long; Pamela Ullman, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.

In accordance with L.1975, c.231, Chairman Rolando Torres Jr., 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 8, 2006 and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

All other 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: March 2, 2007

TO: Rolando Torres, Jr., Commissioner
Department of Personnel

FROM: Elizabeth Van Marter, Managing Director
State and Local Operations

SUBJECT: Change in the State Classification Plan

ESTABLISHMENT OF COMMON TITLE

It is requested that the State title of Senior Management Assistant (56493) be made common for local use.

The Division of Human Resource Management audited a position in the Monmouth County Sheriff's Department to determine whether the current classification of the incumbent was appropriate. The audit revealed the position is responsible for the coordination of a variety of administrative activities in the department of assignment.

The audit determined that the State title of Senior Management Assistant most appropriately classifies the duties performed by the incumbent.

ESTABLISHMENT OF COMMON TITLE
Effective: 01-07-06

FROM:              

TO:

Senior Management Assistant       
Senior Management Assistant

P21-56493 Competitive State 35/12     
P21-56493 Competitive Common 35/12

EVM/JJM/BP

CONFIDENTIAL APPOINTMENTS

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

Ms. Michele Kent Guhl, appointed as a Confidential Assistant, Department of Health and Senior Services, effective February 23, 2007, salary of $105,000.00 per annum.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Victor Abban
County of Monmouth
Department of Health Care Facilities
Removal

In the Matter of William J. Bowen
City of Margate
Department of Public Safety
Removal

In the Matter of Larry Boyd
City of Newark
Department of Neighborhood and Recreation Services
Suspension

In the Matter of Cynthia Godown
County of Cumberland
Office on Aging
Suspension

In the Matter of John Kobel
County of Essex
Department of Citizen Services
Release at the end of the working test period

In the Matter of Loleta Matlock
City of Trenton
Department of Public Works
Demotion
In the Matter of Phyllis Mary Meyers
Judiciary - Camden Vicinage
Release at the end of the working test period

In Matter of Linda C. Roach
City of New Brunswick
Department of Policy, Planning and Economic Department
Removal

In Matter of Monique L. Williams
County of Burlington
County Jail
Suspension

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

ACTION: The Merit System Board acknowledged the settlements.

A-2 ANDREW BOOKER

Andrew Booker, Senior Correction Officer, Adult Diagnostic and Treatment Center, Department of Corrections, 30-working day suspension on charges of conduct unbecoming a public employee and other sufficient cause: violation of the Department policy prohibiting racial and/or sexual harassment, discrimination, and/or retaliation.

Recommendation of the Administrative Law Judge - Grant the appointing authority's motion to amend suspension from 30-working day suspension to a five-working day suspension and dismiss for lack of jurisdiction.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge and referred the matter to the Commissioner of Personnel for processing under the minor disciplinary rules.

A-3 THOMAS V. HATCHER

Thomas V. Hatcher, Senior Storekeeper, County of Cape May, Department of Facilities and Services, 90-working day suspension on charges of incompetency, inefficiency or failure to perform duties, insubordination and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Modify the 90-working day suspension to a 60-working day suspension.

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

A-4 IDRIS KENDRICK

Idris Kendrick, County Correction Officer, Burlington County Jail, 10-day suspension on charges of chronic or excessive absenteeism or lateness and other sufficient cause: violation of County time and attendance policy.

Recommendation of the Administrative Law Judge - Uphold the 10-day suspension.

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

A-5 ALEXIS ORTIZ

Alexis Ortiz, Police Officer, City of Passaic, Police Department, six-day suspension on charges of incompetency, inefficiency, or failure to perform duties, conduct unbecoming a public employee and other sufficient cause: violation of Department rules and regulations.

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

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a 1-day suspension.

VOTE: Rolando Torres, Jr. (Yes)
Flavella Branham (Yes)
John Currie (Abstained)
Margaret E. L. Howard (Yes)
Robert J. Long (Yes)

A-6 JOSEPH RISCINTI

Joseph Riscinti, Safety Specialist 1, Motor Vehicle Commission, seven-day suspension on charges of falsification and neglect of duty.

Recommendation of the Administrative Law Judge - Modify the seven-day suspension to a five-day suspension.

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to uphold the 7-day suspension.

A-7 VINCENT A. STEFANI

Vincent A. Stefani, Public Works Repairer, Township of Parsippany-Troy Hills, Department of Public Works, 15-day suspension on charges of conduct unbecoming a public employee, misuse of public property and other sufficient cause.

Recommendation of the Administrative Law Judge - Modify the 15-day suspension to a seven-day suspension.

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to uphold the 15-day suspension.

A-8 GUILLERMO AROCHO

Guillermo Arocho, Aide, Commission for the Blind and Visually Impaired, Department of Human Services, removal effective July 29, 2005, on charges of violation of a rule, regulation, policy, procedure, order, or administrative decision, misuse of public property, theft of State property or equipment or the property of other employees, residents, clients, or patients, falsification, intentional abuse of misuse of authority or position and conduct unbecoming a public employee.

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

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

A-9 ROBBY JACKSON

Robby Jackson, Cottage Training Technician, North Jersey Developmental Center, Department of Human Services, removal effective March 18, 2005, on charges of conduct unbecoming a public employee and violation of a rule, regulation, policy, or procedure.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-10 JASMIAH PARKS

Jasmiah Parks, Human Services Assistant, North Jersey Developmental Center, Department of Human Services, removal effective October 14, 2004, on the charge of physical abuse of a client.

Recommendation of the Administrative Law Judge - Reverse the removal.

ACTION: The Merit System Board remanded this matter to the Office of Administrative Law.

SECTION B - MISCELLANEOUS MATTERS

B-1 ALEXANDRA SOTO

Alexandra Soto appeals the removal of her name from the (S9999F) eligible list for the title of County Correction Officer, County of Hudson on the basis of psychological unfitness.

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

B-2 LEONARD CARTER

Leonard Carter, a Senior Correction Officer with the Edna Mahan Correctional Facility for Women, Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-3 DONTE EVANS

Donte Evans, a former Cook with the Department of Children and Families, appeals the denial of sick leave injury (SLI) benefits.

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

B-4 LAWRENCE FREEMAN

Lawrence Freeman, a Bridge Operator with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.

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

B-5 AMY FOY

Amy Foy, a Senior Correction Officer with the New Jersey State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-6 CELESTE KIRBY

Celeste Kirby, a Senior Correction Officer with New Jersey State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-7 JON LANGEVIN

Jon Langevin, an Automotive Mechanic with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.

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

B-8 PERRIN MAYNES AND NICHOLAS SALANITRO

Perrin Maynes and Nicholas Salanitro, Senior Correction Officers with the Albert C. Wagner Youth Correctional Facility, Department of Corrections, represented by Brian W. Shea, Esq., appeal the denial of sick leave injury (SLI) benefits.

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

B-9 SARAH PHILLIPS

Sarah Phillips, a Senior Building Maintenance Worker with Ann Klein Forensic Center, 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-10 DANNY RODRIGUEZ

Danny Rodriguez, a Senior Correction Officer with New Jersey State Prison, Department of Corrections, represented by Brian W. Shea, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-11 WANDA SLATER

Wanda Slater, a Senior Correction Officer with Northern State Prison, Department of Corrections, represented by David Tykulsker, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-12 GAIL SUOZZO

Gail Suozzo, a Research Scientist 2 (Chemistry) with the Department of Health and Senior Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-13 SHEILA WALKER

Sheila Walker, a Data Processing Scheduler 1 with the Office of Information Technology, represented by Dudley Burdge, Staff Representative, Communications Workers of America, Local 1032, appeals the denial of sick leave injury (SLI) benefits.

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

B-14 RONALD WHEATON

Ronald Wheaton, a Senior Correction Officer with Bayside State Prison, Department of Corrections, represented by Shirley Naylor, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-15 RONALD KOSZTYU

Ronald Kosztyu, a Fire Fighter with the City of Trenton, appeals the bypass of his name for appointment on the Fire Captain (PM3517F), City of Trenton eligible list.

ACTION: The Merit System Board granted a hearing.

B-16 ERIC CHASZAR

Eric Chaszar petitions the Merit System Board for reconsideration of the final decision rendered on December 20, 2006, which denied his appeal regarding the promotional examination for Supervisor, Public Works (PM1719G), Township of North Brunswick.

ACTION: The Merit System Board directed that this request for reconsideration be denied.

B-17 FIRE CAPTAIN (PM3517F), CITY OF TRENTON

The Trenton Fire Superior Officers Association, FMBA Local No. 206 and FMBA Local No. 6, represented by Craig S. Gumpel, Esq., petition the Merit System Board for reconsideration of the administrative decision rendered on August 9, 2006, in which the Board ordered that the City of Trenton either permanently appoint seven firefighters who were serving in the capacity of "Acting Fire Captain" or provide evidence that they were no longer performing the duties of a Fire Captain.

ACTION: The Merit System Board directed that this request for reconsideration be denied.

B-18 JEFFREY SHORTENCARRIER

The Department of Corrections petitions the Merit System Board for reconsideration of the final decision rendered on November 15, 2006, which granted sick leave injury (SLI) benefits to Jeffrey Shortencarrier, a Senior Correction Officer with South Woods State Prison.

ACTION: The Merit System Board directed that this request for reconsideration be denied.

B-19 DANIEL BOCK

The City of Bayonne, represented by Arthur R. Thibault, Jr., Esq., appeals the decision of the Division of Human Resource Information Services which restored Daniel Bock's name to the Fire Fighter (M2201D), City of Bayonne, eligible list. Daniel Bock, represented by Benjamin Benson, Esq., requests additional relief regarding his restoration to the Fire Fighter (M2202D), City of Bayonne, eligible list.

ACTION: The Merit System Board directed that the appeal of the City of Bayonne be granted, the appeal of Daniel Bock be denied and Daniel Bock's name be removed from the subject eligible list.

B-20 CAROLYN BRATHWAITE

Carolyn Brathwaite appeals the decision of the Division of Human Resource Information Services which found that the City of East Orange had presented a sufficient basis to remove the appellant's name from the Police Officer (S9999F), City of East Orange eligible list on the basis of making false statements of material fact on her pre-employment application.

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

B-21 JONATHAN CROW

Jonathan Crow appeals the decision of the Division of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the County Correction Officer (S9999F), County of Ocean, eligible list due to an unsatisfactory background report.

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

B-22 GREGORY ENGSTLER

Gregory Engstler appeals the decision of the Division of Human Resource Information Services which found that the appointing authority had a sufficient basis to remove the appellant's name from the Sheriff's Officer (S9999F), Atlantic County, eligible list, due to failing to complete pre-employment processing.

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

B-23 LUIS A. FURCAL

Luis A. Furcal appeals the decision of the Division of Human Resource Information Services which found that the City of Passaic had presented a sufficient basis to remove the appellant's name from the Police Officer (S9999F), City of Passaic, eligible list, due to an unsatisfactory driving record.

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

B-24 PATRICK LAVIN

Patrick Lavin, represented by Marcie L. Mackolin, Esq., appeals the decision of the Division of Human Resource Information Services which removed his name from the Police Officer (S9999F), Lakewood Township, eligible list, based on an unsatisfactory employment history and unsatisfactory driving record.

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

B-25 ROBERT D. PATTERSON

Robert D. Patterson appeals the decision of the Division of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Juvenile Detention Officer (C2128G), Warren County, on the basis that he failed to appear for an interview.

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

B-26 THOMAS D. KEENE

Thomas D. Keene, represented by Sebastian B. Ionno, Esq., appeals the decision of the Division of Human Resource Information Services, which found that the appointing authority had sufficient basis to remove the appellant's name from the Police Officer (S9999F), City of Atlantic City, eligible list due to an unsatisfactory driving record.

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

B-27 IN THE MATTER OF OPEN-COMPETITIVE LISTS FOR FIRE FIGHTER

The Director of Selection Services requests that the eligible lists for Fire Fighter for certain local municipalities and entities be extended for one year beyond their expiration dates or until new lists are issued, whichever occurs first.

ACTION: The Merit System Board granted the request.

B-28 DEBRA CUMMINS-CURRY

Debra Cummins-Curry, a Police Officer with the Township of North Bergen, represented by Catherine M. Elston, Esq., appeals the termination of her salary, effective November 3, 2006.

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

B-29 LUCY GRACIA-BROWN

Lucy Gracia-Brown, a Senior Administrative Analyst with the City of Newark, represented by Eric M. Winston, Esq., appeals her transfer from the Mayor's Office to the Department of Neighborhood and Recreational Services, effective July 17, 2006.

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

B-30 REGISTRAR OF VITAL STATISTICS (TYPING) (M1135H), SADDLE BROOK

The Township of Saddle Brook requests permission not to make an appointment from the June 5, 2006 certification for Registrar of Vital Statistics (Typing) (M1135H), Saddle Brook.

ACTION: The Merit System Board directed that the matter be referred to the Division of Local Human Resource Management for a Classification Review.

B-31 WATER METER READER (M6332H), CITY OF NEWARK

The City of Newark requests permission not to make an appointment from the July 10, 2006 certification for Water Meter Reader (M6332H), City of Newark.

ACTION: The Merit System Board granted the request for an appointment waiver and assessed selection costs in the amount of $2,048.00.

B-32 CATENA RIDGEWAY

The Department of Corrections, on behalf on Catena Ridgeway, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit Jane Bando, an employee of the Department of Personnel, to donate more than ten leave days to Ms. Ridgeway, who is participating in the donated leave program.

ACTION: The Merit System Board granted the request.

VOTE: Rolando Torres, Jr. (Abstained)
Flavella Branham (Yes)
John Currie (Yes)
Margaret E. L. Howard (Yes)
Robert J. Long (Yes)

B-33 MAHMOUD M. AMER

Mahmoud M. Amer appeals the determination of the Acting Director of the Equal Employment Division with the Department of Corrections, stating that the appellant failed to present sufficient evidence to support a finding that he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment, or Hostile Environments in Workplace.

ACTION: The Merit System Board granted a hearing.

B-34 PHYLLIS ATKINSON

Phyllis Atkinson, a Principal Clerk Typist with the North Jersey Developmental Center, Department of Human Services, appeals the determination of the Assistant Commissioner for Human Resources, stating that the appellant did not 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 Workplace.

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

B-35 JEANETTE INCORVAIA

Jeanette Incorvaia, a Technical Assistant, Management Information Systems, with the Department of Labor and Workforce Development, (DLWD) appeals the determination of the Commissioner of the DLWD, 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-36 THOMAS JEANETTE

Thomas Jeanette, a Senior Clerk Typist with the New Lisbon Developmental Center, Department of Human Services, appeals the determination of the Assistant Commissioner for Human Resources, stating that he violated 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-37 JOSEPH MARTIN

Joseph Martin, a Senior Parole Officer with the State Parole Board, appeals the determination of the Acting Director with the Division of Equal Employment Opportunity and Affirmative Action, Department of Personnel, stating that the appellant failed to present sufficient evidence to support a finding that he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment, or Hostile Environments in Workplace.

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

VOTE: Rolando Torres, Jr. (Abstained)
Flavella Branham (Yes)
John Currie (Yes)
Margaret E. L. Howard (Yes)
Robert J. Long (Yes)

B-38 JO ANN DELLA PESCA AND ANN RIVERS

Jo Ann Della Pesca, a Senior Clerk Transcriber with the State Parole Board, appeals the determination of the Executive Director, stating that Della Pesca presented 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 (State Policy) based on religion, but not based on a disability or retaliation. Additionally, Ann Rivers, an Assistant District Parole Supervisor, appeals the determination of the Executive Director, stating that there was probable cause to substantiate a finding that she violated the State Policy with regard to the complaint filed by Della Pesca.

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

B-39 ANN RIVERS

Ann Rivers, an Assistant District Parole Supervisor with the State Parole Board, appeals the determination of the Executive Director, 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 (State Policy). Additionally, the appellant appeals the determination of the Executive Director, stating that there was probable cause to substantiate a finding that she violated the State Policy.

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

B-40 PERSONNEL ASSISTANT 2, EMPLOYEE RELATIONS (S0487G), STATEWIDE

The Department of State requests permission not to make an appointment from the May 8, 2006 certification for Personnel Assistant 2, Employee Relations (S0487G), Statewide.

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

B-41 MICHAEL STORCK

Michael Storck appeals the decision of the Division of Selection Services which found that he was above the maximum age requirement for the open-competitive examination for Fire Fighter (M9999H).

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

B-42 DANIEL WILLIAMS

Daniel Williams, represented by Arnold S. Cohen, Esq., petitions the Merit System Board for a determination with regard to the back pay awarded in In the Matter of Daniel Williams (MSB, decided May 28, 2003).

ACTION: The Merit System Board granted back pay in the amount of $5,094.74.

B-43 RANDY CLIVER

The appeal of Randy Cliver, a County Correction Officer with the County of Mercer of his 10-day suspension, on charges, was heard by Chief Administrative Law Judge Laura Sanders, who rendered her initial decision on January 17, 2007. At its meeting on March 14, 2007, the Merit System Board did not adopt the ALJ's recommendation to modify the appellant's 10-day suspension to a five-day suspension. Rather, the Board upheld the 10-day suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Rolando Torres, Jr. (Yes)
Flavella Branham (Yes)
John Currie (Abstained)
Margaret E. L. Howard (Yes)
Robert J. Long (Abstained)

B-44 SHYLAINE LOUISSAINT

The appeal of Shylaine Louissaint, a Human Services Technician with the Greystone Psychiatric Hospital, Department of Human Services, of her removal, effective August 4, 2005, on charges, was heard by Administrative Law Judge J. Howard Solomon, who rendered his initial decision on February 1, 2007. At its meeting on March 14, 2007, the Merit System Board did not adopt the ALJ's recommendation to modify the removal 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: Rolando Torres, Jr. (Yes)
Flavella Branham (Yes)
John Currie (Abstained)
Margaret E. L. Howard (Yes)
Robert J. Long (Abstained)

B-45 JOHN ONYEMA

The appeal of John Onyema, a Senior Security Guard with the Newark School District, of his 30-day suspension, commencing on July 11, 2005, on charges, was heard by Administrative Law Judge Carol I. Cohen, who rendered her initial decision on January 30, 2007. At its meeting on March 14, 2007, the Merit System Board did not adopt the ALJ's recommendation to modify the penalty to a 15-working day suspension. Rather, the Board increased the penalty to a 90-working day suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Rolando Torres, Jr. (Yes)
Flavella Branham (Yes)
John Currie (Abstained)
Margaret E. L. Howard (Yes)
Robert J. Long (Abstained)

B-46 D. ZEOGAR WILSON

The appeal of D. Zeogar Wilson, a Human Services Assistant at Trenton Psychiatric Hospital, Department of Human Services, of his removal, effective July 27, 2005, on charges, was heard by Administrative Law Judge Jeff S. Masin, who rendered his initial decision on November 20, 2006. At its meeting on March 14, 2007, the Merit System Board did not adopt the ALJ's recommendation to reverse the removal. 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: Rolando Torres, Jr. (Yes)
Flavella Branham (Yes)
John Currie (Abstained)
Margaret E. L. Howard (Yes)
Robert J. Long (Abstained)

B-47 MILONI BHATT, ET AL.

Miloni Bhatt, Alice Carroll, Feliciano Del Valle, Sharon Durkee, Ann Eaton-Darlington, Keisia James, Tanya Robinson, Kyle Smith, Carla Tillman, and Kelly Weisneck appeal the determination of the Division of Selection Services which found that they were below the minimum requirements in experience for the promotional examination for Quality Assurance Specialist, Health Services (PS0260K), Office of Integrity and Accountability, Department of Human Services.

ACTION: The Merit System Board directed that these appeals be denied and the classification of Feliciano Del Valle's position be referred to the Division of State Human Resource Management for further review.

B-48 KATHY BOARDLEY

Kathy Boardley appeals the determination of the Division of Selection Services that per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Administrative Analyst 3 (PS8342P), Department of Law and Public Safety.

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

B-49 SCOTT CARSWELL, ET AL.

Scott Carswell, A.K.M. Maniruzzaman and Evelyn Modlin appeal the determination of the Division of Selection Services which found that they did not meet the experience requirement for the open competitive examination for Institutional Trade Instructor 2 (Cooking) (S6914H), Department of Corrections.

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

B-50 DEIDRE DAVIS

Deidre Davis appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Supervising Tax Clerk (PM1708G), Atlantic City.

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

B-51 PATRICK M. DOREMUS, SR., ET AL.

Patrick M. Doremus, Sr., represented by John Segreto, Esq., Dirk Dority, Theodore J. Grubiak, William J. Gumann, Jose R. Montalvo, Luis C. Munoz, and Robert S. Tannis appeal the determination of the Division of Selection Services which found that they did not meet the requirements for the promotional examination for Supervisor of Public Works, (PM0776H), City of Clifton.

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

B-52 ALBERT A. GARZONI

Albert A. Garzoni appeals the determination of the Division of Selection Services which found that he did not meet the education requirements for the promotional examination for Senior Engineer, Structural Bridge Design (PS9018T), Capitol Program Management, Department of Transportation.

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

B-53 TERRI HIRSCHHORN

Terri Hirschhorn appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Supervising Program Development Specialist, Human Services (PS6656K), Department of Human Services.

ACTION: The Merit System Board directed that this appeal be granted and the matter be referred to the Division of State Human Resource Management for a review of the classification of the appellant's position.

B-54 SUSAN JACKSON

Susan Jackson appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Data Processing Input/Output Control Specialist 2 (PS7814H), Department of Health and Senior Services.

ACTION: The Merit System Board directed that this appeal be denied and the matter be referred to the Division of State Human Resource Management for a review of the classification of the appellant's position.

B-55 DEBORAH JOHNSON-KINNARD, ET AL.

Deborah Johnson-Kinnard, Josephine Pohl and Lemonte Sanders appeal the determination of the Division of Selection Services which found that they were below the minimum requirements in experience for the promotional examination for County Representative Human Services (PS7358K), Division of Prevention and Community Partnership, Department of Human Services.

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

B-56 KEITH KIRBY

Keith Kirby appeals the determination of the Division of Selection Services that he did not meet the experience requirement for the promotional examination for Communications Systems Technician 2 (PS9401T), Department of Transportation.

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

B-57 ANTHONY LISTA

Anthony Lista appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Management Improvement Specialist 2 (PS8905K), Ancora Psychiatric Hospital, Department of Human Services.

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

B-58 DAVID OLSEN

David Olsen appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Administrative Analyst 2 (Data Processing) (PS5915P), Department of Law and Public Safety.

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

B-59 JOHN ORTIZ

John Ortiz appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the open-competitive examination for Supervisor, Public Works (M3335H), City of Pleasantville.

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

B-60 PHEOBE PAGE-ASKIE

Pheobe Page-Askie appeals the use of the Management Test Battery for the promotional examination for Administrator, Employee Relations (PS0470K), Department of Human Services.

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

B-61 FRANCISCO SANCHEZ

Francisco Sanchez, a Fire Captain with the City of Passaic appeals the determination of the Division of Selection Services that due to his failure to meet the one year of permanent service requirement he was ineligible for the Deputy Fire Chief (PM3618G), City of Passaic examination.

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

B-62 LOUIS M. ULRICH

Louis M. Ulrich appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Supervising Inventory Control Clerk (PM1011G), Department of Public Works, Union Township.

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

B-63 BARBARA J. BERNARD

Barbara J. Bernard appeals her rank and score on the promotional examination for Legal Secretary 1 (PS6680P), Division of Law, Department of Law and Public Safety.

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

B-64 JANICE C. BROWN, ET AL.

Janice C. Brown, Catherine M. Donatos, Kathleen Cioffi, and Joanne Fillimon appeal their ranks and scores on the promotional examination for Supervising Family Service Specialist 1 (PS5495K), Metro Region, Department of Children and Families.

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

B-65 COLLEEN A. CORBETT, ET AL.

Colleen A. Corbett, Michelle Stone, and Linda D. Walker appeal their ranks and scores on the promotional examination for Supervising Family Service Specialist 1 (PS5464K), Southern Region, Department of Children and Families.

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

B-66 CARA ANNE M. (RODRIGUEZ) FORT AND MELISSA MCNISH

Cara Anne M. (Rodriguez) Fort and Melissa McNish appeal their rank and score on the promotional examination for Supervising Family Service Specialist 2 (PS5458K), Central Region, Department of Children and Families.

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

B-67 JOSEPH T. FRANCIS, JR., ET AL.

Joseph T. Francis, Jr., Jean D. Palmer, and Robert Wright appeal their rank and score on the promotional examination for Supervising Family Service Specialist 2 (PS5465K), Southern Region, Department of Children and Families.

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

B-68 CONSTANCE M. HAWKINS, ET AL.

Constance M. Hawkins, Edward Murphy, and Diane M. Smith appeal their ranks and scores on the promotional examination for Supervising Family Service Specialist 1 (PS5473K), Central Region, Department of Children and Families.

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

B-69 LIANA A. MOLINA, ET AL.

Liana A. Molina, Elizabeth Montalvo, Shannon E. Morrison, Diana L. Organes, Carmen V. Perez-Rojas, William S. Saunders, and Linda R. Swartz appeal their ranks and scores on the promotional examination for Supervising Family Service Specialist 2 (PS5460K), Northern Region, Department of Children and Families.

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

B-70 LIANA A. MOLINA AND ELIZABETH MONTALVO

Liana A. Molina and Elizabeth Montalvo appeal their rank and score on the promotional examination for Supervising Family Service Specialist 2, Bilingual in Spanish and English (PS5461K), Northern Region, Department of Children and Families.

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

B-71 KATHERINE SHEERAN

Katherine Sheeran appeals the scoring of the examination for Probation Officer Bilingual in Spanish and English (S0509H).

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

B-72 WILLIAM BOWMAN

William Bowman appeals his score of the oral portion of the promotional examination for Deputy Fire Chief (PM3638G), Ocean City.

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

B-73 CHRISTOPHER BREUNIG

Christopher Breunig appeals his score of the oral portion of the promotional examination for Deputy Fire Chief (PM3638G), Ocean City.

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

B-74 SCOTT GOUCHER

Scott Goucher appeals his score of the oral portion of the promotional examination for Deputy Fire Chief (PM3638G), Ocean City.

ACTION: The Merit System Board directed that this appeal be granted in part and the appellant's score for the technical component of the Incident Command-Non Fire-Incident be changed from 3 to 4. The Board directed that the remainder of the appeal be denied.

B-75 CARL HEITMEYER

Carl Heitmeyer appeals his score of the oral portion of the promotional examination for Deputy Fire Chief (PM3616G), Elizabeth.

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

B-76 ROBERT INDERWIES

Robert Inderwies appeals his score of the oral portion of the promotional examination for Deputy Fire Chief (PM3616G), Elizabeth.

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

B-77 FREDERICK LEONARDO

Frederick Leonardo appeals his score of the oral portion of the promotional examination for Deputy Fire Chief (PM3658F), West Orange.

ACTION: The Merit System Board directed that this appeal be denied.
B-78 MARK RICCIARDI

Mark Ricciardi, represented by Steven Veltri, Esq., appeals his score of the oral portion of the promotional examination for Deputy Fire Chief (PM3619G), Paterson.

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

B-79 ANDREW SANDOUKAS

Andrew Sandoukas appeals his score of the oral portion of the promotional examination for Deputy Fire Chief (PM3616G), Elizabeth.

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

B-80 ROBERT STANTON

Robert Stanton appeals his score of the oral portion of the promotional examination for Deputy Fire Chief (PM3638G), Ocean City.

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

B-81 JOHN TIERNEY

John Tierney appeals his score of the oral portion of the promotional examination for Deputy Fire Chief (PM3637G), Irvington.

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

B-82 GELAINE ALEXANDRE

Gelaine Alexandre requests a make-up for the open competitive examination for Senior Custodian (M9656G), Newark School District.

ACTION: The Merit System Board granted the request.

B-83 EDWARD ATKIN

Edward Atkin appeals the denial of his request for a make-up for the open competitive examination for Driver Improvement Analyst Trainee (S0539H), Motor Vehicle Commission.

ACTION: The Merit System Board directed that this appeal be denied.
B-84 FATU BAILEY, ET AL.

Fatu Bailey, Jeremy Butler, Nathaniel Butler III, Johnny Ceron, Rashad Clark, Harrison Daley, Jose Diaz, Donald Pepka, Leonard Foote, Raheem Funderbunk, Ison Joseph, Jason Nelly, John Lassiter, Chenedu Offomata, John Pienciak, Tazarre Polyak, Wilber Pome, William Sanchez Jr., Christopher Stevens, Jermaine Taylor and Sharnell Williams request make-up examinations for the open-competitive examination for Fire Fighter (M9999H).

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

B-85 JANET RODRIGUEZ

Janet Rodriguez, represented by Peter G. Maurer, Staff Representative, Communications Workers of America, Local 1033, requests a make-up for the promotional examination for Technical Assistant 2, Treasury (PS9049U), Department of the Treasury.

ACTION: The Merit System Board granted the request.

B-86 JOHN ALSTON JR., ET AL.

John Alston Jr., Fire Officer 2 (PM3595G), Jersey City; Edward Camuso, Donald Cole and Raul Malave III, Battalion Fire Chief (PM3596G), Newark; and Brian McDermott and Andrew Selby, Battalion Fire Chief (PM3597G) Paterson appeal the test administration for the written portion of their respective examinations.

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

B-87 JOSEPH BATTISTA, ET AL.

Joseph Battista, Riccardi Henriquez, Jamal Kemp, Melvin McCloud, Thomas Meicke III, Ian Nunez, Dalia Rodriguez, Daniel Taggart, Patrick Trezza, Scott Tuosto and Brian Willging appeal their disqualifications by the Division of Selection Services for the open-competitive examination for Fire Fighter (M9999H) for possession of cell phones.

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

B-88 CHRISTIAN NEGRON

Christian Negron appeals his disqualification by the Division of Selection Services for the open-competitive examination for Fire Fighter (M9999H) for possession of a cell phone.

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

B-89 MATTHEW CORDASCO, ET AL.

Matthew Cordasco and Jerry Rohrbach appeal the test administration for the written portion of the examination for Battalion Fire Chief (PM3596G), Newark, while Robert Gardner appeals the test administration for the written portion of the examination for Battalion Fire Chief (PM3597G), Paterson.

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

B-90 BRETT HARLING, ET AL.

Brett Harling, Phillipa Rhone, Daniel Truppo and Allen Williams appeal the administration of the Entry Level Law Enforcement Examination (S9999H).

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

B-91 EDWARD MCNAIR

Edward McNair appeals the administration of the Entry Level Law Enforcement Examination (S9999H).

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

B-92 MERIT SYSTEM BOARD MINUTES

The Merit System Board minutes of its meeting of March 14, 2007 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of March 14, 2007.

VOTE: Rolando Torres, Jr. (Yes)
Flavella Branham (Yes)
John Currie (Abstained)
Margaret E. L. Howard (Yes)
Robert J. Long (Abstained)

B-93 KRISTY BOWSER

The appeal of Kristy Bowser, a County Correction Officer with the County of Mercer, of her 10-day suspension on charges, was heard by Chief Administrative Law Judge Laura Sanders, who rendered her initial decision on January 11, 2007. At its meeting on March 14, 2007, the Merit System Board did not adopt the ALJ's recommendation that the appellant's five-day suspension for a prior infraction be a sufficient penalty for the current matter. Rather, the Board modified the 10-day suspension to a five-day suspension. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the decision.

VOTE: Rolando Torres, Jr. (Yes)
Flavella Branham (Yes)
John Currie (Abstained)
Margaret E. L. Howard (Yes)
Robert J. Long (Abstained)

B-94 JERRY FISHER

Jerry Fisher, a former Police Officer with the Township of Irvington, represented by Samuel J. Halpern, Esq., requests that the Merit System Board reinstate him to his position after a determination by the Police and Firemen's Retirement System that he is no longer disabled and is fit for duty.

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

B-95 JANICE GREENLEE

Janice Greenlee appeals her lack of notification for the promotional examination for Senior Clerk Typist (PC2442F), Essex County.

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

B-96 EARLY SETTLEMENT

Jamie Camargo
Hagedorn Psychiatric Hospital
Department of Human Services
Suspension

ACTION: The Merit System Board acknowledged the settlement.

There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, April 11, 2007 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

____________________________________
ROLANDO TORRES, JR.
COMMISSIONER
MERIT SYSTEM BOARD

 

 
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