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

Ida L. Castro, Chairwoman
Alan Dexter Bowman
Josephine DiRienzo
Margaret E.L. Howard
Robert J. Long

JANUARY 07, 2004

**********************************************************

A regular meeting of the Merit System Board was held on Wednesday, January 7, 2004, in Trenton, New Jersey.

PRESENT: Chairwoman Ida L. Castro, Merit System Board Members, Alan Dexter Bowman, Josephine DiRienzo, Margaret E. L. Howard, 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, Chairwoman Ida L. Castro opened the meeting with the following statement:

Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on December 17, 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:  December 22, 2003

TO:  Ida L. Castro, Commissioner
 Department of Personnel

FROM:  Elizabeth Van Marter, Director
 Human Resource Management

SUBJECT: Change in the State Classification Plan

DEPARTMENT OF HUMAN SERVICES

The Division of Youth and Family Services (DYFS), Department of Human Services, requests the reallocation of thirty-nine (39) District Office Manager positions to the Senior Executive Service. Increasing social problems, heightened demands from State and Federal child welfare regulations, increasing case loads and levels of responsibility have made a tremendous impact on child welfare services, particularly in the past ten years. The Department is striving to identify and implement the changes needed to address ongoing child protective service issues.

District Office Managers exercise managerial responsibility for district service field operations, district office activities and fiscal resources. Managers provide leadership in the development of creative solutions to meet the complex and changing needs of children and families in New Jersey, including the implementation of new initiatives in child protection programs and policies, and the direction of staff responsible for responding to crisis and critical incidents. All positions report to unclassified Assistant Division Directors.

REALLOCATION OF SERVICE
Effective:  09/06/03

FROM: TO:
District Office Manager 1
Youth and Family Services
M32-62140    P Comp
Senior Executive Service
M98-90752 * SES


049029 050320 054052 056596 056641
057394 057422 057435 057463 057467
057476 057476 057523 057546 057572
057583 057600 057614 057626 059991
060000 064592 064593 064594 064596
064597 064600 064601 064602 064604
641381 095240 905509 913992 914559
914954 917555 917915 919133

DATE: December 19, 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 LABOR

The Office of Employee Relations (OER) and the Communication Workers of American (CWA) recently received approval for a new title to classify staff performing a variety of clerical tasks in a Reemployment Call Center. By agreement, the title was not intended for use until the beginning of the next fiscal year.

OER and CWA now request several amendments to their original plan. The Department of Labor would like to begin using the title during the first pay period in 2004, and intends to appoint existing Unemployment Insurance Clerks to the recently created title. The Department also requests a temporary de-evaluation of the class code to enable them to laterally appoint the intended incumbents with retention of existing status, to effect a smooth transition of staff. Finally, they ask for a concurrent upward re-evaluation to the level originally requested.

CORRECTION OF CLASS CODE AND EFFECTIVE DATE
Unemployment Insurance Clerk, RCC
A13-10219 L Competitive 35/12

FROM: To:

Effective: 06/26/04  A13

Effective: 01/10/04

CHANGE OF CLASS CODE (UPWARD):
Effective: 01/10/04

FROM: To:

A11-10219 L Competitive 35/12

A13-10219 L Competitive 35/12

SECTION A – HEARING MATTERS

A-1 SETTLEMENTS

Ernestine Bowyer
Vineland Developmental Center
Department of Human Services
Resignation not in good standing

Leonard Corbin
Southern State Prison
Department of Corrections
Suspension

Charles Craig
East Jersey State Prison
Department of Corrections
Removal

Dean DeLisa
City of Trenton
Fire Department
Suspension

Diane Dixon
City of Trenton
Department of Recreation, Natural Resources and Culture
Demotion

James Griffin
Northern State Prison
Department of Corrections
Suspension

Raymond Hall
Woodbridge Developmental Center
Department of Human Services
Suspensions (2)

Stacy Hightower
City of Newark
Removal

Caste Jones
Woodbine Developmental Center
Department of Human Services
Removal and indefinite suspension

Moraima Medina
City of Newark
Police Department
Suspension

Anthony Robinson
Woodbridge Developmental Center
Department of Human Services
Suspensions (2)

James Rodriguez
Department of Law and Public Safety
Release at the end of the working test period

George Rosario
County of Passaic
Sheriff's Department
Removals (6)

Patricia Williams
East Jersey State Prison
Department of Corrections
Suspension

ACTION: The Merit System Board acknowledged the settlements.

A-2 DAWN HENSLEY

Dawn Hensley, County Correction Officer, County of Burlington , County Jail , 20-day suspension on charges of incompetency, inefficiency or failure to perform duties, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge – Reverse the suspension.

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

VOTE:
IIda L. Castro
Alan Dexter Bowman
Josephine DiRienzo
Margaret E. L. Howard
Robert J. Long
(Yes)
(No)
(Yes)
(Yes)
(Yes)

A-3 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. The matter was held over from the Merit System Board meeting of December 3, 2003 .

Recommendation of the Administrative Law Judge – Uphold the removal.

ACTION: The Merit System Board modified the removal to reinstatement but ordered periodic drug testing for a period of one year.

SECTION B – MISCELLANEOUS MATTERS

B-1 JACKULYNN N. ALGARIN

Jackqulynn N. Algarin 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-2 KRIS BALLESTER

Kris Ballester, represented by Michael McLaughlin, Esq., appeals his rejection as a Fire Fighter candidate by the City of Hoboken and its request to remove his name from the eligible list for Fire Fighter on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-3 WILLIAM G. BOGER

William G. Boger appeals his rejection as a County Correction Officer candidate by Warren County and its request to remove his 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 granted.

B-4 SERGIO CUNHA

Sergio Cunha, represented by Charles R. Grossman, Esq., appeals his rejection as a Police Officer candidate by the City of Newark and its request to remove his name from the eligible list for Police Officer S9999B) on the basis of psychological unfitness to perform effectively the duties of the position.

ACTION: The Merit System Board directed that this matter be referred to independent psychological evaluation.

B-5 BRUCE A. DAVIS

Bruce A. Davis 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-6 TRACY J. LEE

Tracy J. Lee 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-7 JOHN R. TRIVIGNO, JR.

John R. Trivigno, Jr., appeals his rejection as a Sheriff's Officer candidate by the County of Ocean and its request to remove his name from the eligible list for Sheriff's Officer (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-8 CARLINE F. ARCHILLE

Carline F. Archille, a Human Services Technician with the 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-9 WALTRAUD LEE

Waltraud Lee, a Cottage Training Technician at New Lisbon Developmental Center , Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-10 PAUL E. PAGANO

Paul E. Pagano, a Supervisor of Building Repairs with the Department of Treasury, appeals the denial of sick leave injury (SLI) benefits.

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

B-11 MANUEL JOSE DECASTRO

Manuel Jose DeCastro, a former Senior Correction Officer at East Jersey State Prison, Department of Corrections requests reconsideration of the final decision of the Merit System Board rendered on April 10, 2002 , which denied the petitioner sick leave injury (SLI) benefits.

ACTION: The Merit System Board granted reconsideration but reaffirmed its prior decision.

  B-12 DAVID CORREA

David Correa appeals the decision of Human Resources Information Services, which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999D), Township of Irvington , on the basis of falsification of his preemployment application and his residency status.

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

B-13 BERYL HUTCHINSON

Beryl Hutchinson appeals the decision of Human Resource Information Services (HRIS) which upheld the removal of her name from the Paralegal Technician 2 (S0717C), Department of Law and Public Safety, eligible list based on an unsatisfactory employment record.

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

B-14 CARLOS PACHECO

Carlos Pacheco, represented by Catherine M. Elson, Esq., appeals the decision 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 (S9999B), city of Passaic, eligible list due to an unsatisfactory driving record, criminal record and background report and due to his falsification of his employment application.

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

B-15 AFFIRMATIVE ACTION SPECIALIST (M1226B) CITY OF TRENTON

The appointing authority requests permission not to make an appointment from the certification for Affirmative Action Specialist (M1226B), City of Trenton .

ACTION: The Merit System Board granted the request for appointment waiver but assessed costs.

B-16 CLAIMS ADJUSTER (M6466C), CITY OF NEWARK

The appointing authority requests permission not to make an appointment from the certification for Claims Adjuster (M6466C), City of Newark .

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

B-17 CODE ENFORCEMENT OFFICER TRAINEE (M6539C), MIDDLE TOWNSHIP

The appointing authority requests permission not to make an appointment from the certification for Code Enforcement Officer Trainee (M6539C), Middle Township .

ACTION: The Merit System Board granted the request for appointment waiver but assessed costs.   B-18 CUSTOMER SERVICE REPRESENATIVE (M1135A), CITY OF NEWARK

The appointing authority requests permission not to make an appointment from the certification for Customer Service Representative (M1135A), City of Newark .

ACTION: The Merit System Board granted the request for appointment waiver but assessed costs.

B-19 EXECUTIVE ASSISTANT (M6932A), TOWNSHIP OF NORTH BERGEN

The appointing authority requests permission not to make an appointment from the certification for Executive Assistant (M6932A), Township of North Bergen .

ACTION: The Merit System Board denied the request for appointment waiver and directed that the certification be returned to the appointing authority for proper disposition.

  B-20 FIRE CHIEF (PM3511C), TOWNSHIP OF WEST ORANGE

The appointing authority requests permission not to make an appointment from the certification for Fire Chief (PM3511C), Township of West Orange .

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

B-21 GENERAL SUPERVISOR WATER (PM2330A) EAST ORANGE WATER DEPARTMENT

The matter of whether the appointing authority should be granted permission not to make an appointment from the certification for General Supervisor Water (PM2330A), East Orange Water Department, has been referred to the Merit System Board for review.

ACTION: The Merit System Board denied the appointment waiver and ordered the constructive permanent appointment of Thomas F. Valenza.

B-22 MAINTENANCE REPAIRER (PM1543B), EAST ORANGE WATER DEPARTMENT

The matter of whether the appointing authority should be granted permission not to make an appointment from the certification for Maintenance Repairer (PM1543B), East Orange Water Department has been referred to the Merit System Board for review.

ACTION: The Merit System Board granted the request for appointment waiver but assessed costs.

B-23 PERSONNEL OFFICER C0198D), MONMOUTH COUNTY MOSQUITO EXTERMINATION COMMISSION

The appointing authority requests permission not to make an appointment from the certification for Personnel Officer (C0298D), Monmouth County Mosquito Extermination Commission.

ACTION: The Merit System Board granted the request for appointment waiver but assessed costs.

B-24 RECREATION MAINTENANCE WORKER (C6628D), COUNTY OF UNION

The appointing authority requests permission not to make an appointment from the certification for Recreation Maintenance Worker (C6628D), County of Union .

ACTION: The Merit System Board granted the request for appointment waiver but assessed costs.

B-25 SENIOR LABORATORY TECHNICIAN (M1652C), CITY OF NEWARK

The appointing authority requests permission not to make an appointment from the certification for Senior Laboratory Technician (M1652C), City of Newark .

ACTION: The Merit System Board denied the request for appointment waiver and ordered that the certification be returned to the appointing authority for proper disposition.

B-26 SENIOR PUMPING STATION REPAIRER (PM0933A), EAST ORANGE WATER DEPARTMENT

The appointing authority requests permission not to make an appointment from the certification for Senior Pumping Station Repairer (PM0933A), East Orange Water Department.

ACTION: The Merit System Board granted the request for appointment waiver but assessed costs.

B-27 SENIOR WORKER HEALTH (M1587C) CITY OF VINELAND

The appointing authority requests permission not to make an appointment from the certification for Social Worker Health (M1587C), City of Vineland .

ACTION: The Merit System Board granted the request for appointment waiver but assessed costs.

B-28 SUPERVISING PUBLIC SAFETY TELECOMMUNICATOR (M1060A) CITY OF NEWARK

The appointing authority requests permission not to make an appointment from the certification for Supervising Public Safety Telecommunicator (M1060A), City of Newark .

ACTION: The Merit System Board granted the request for appointment waiver but assessed costs.

B-29 SUPERVISOR SANITATION (M1212B) & (M4010C), CITY OF PERTH AMBOY

The appointing authority requests permission not to make an appointment from the certification for Supervisor Sanitation (M1212B) & (M4010C), City of Perth Amboy .

ACTION: The Merit System Board granted the request for appointment waiver but assessed costs.

B-30 AMY KING

Amy King, a former Correction Officer Recruit with the Department of Corrections (DOC), represented by Kevin P. McCann, Esq., requests a hearing regarding her removal from employment, effective November 27, 2002 , on charges.

ACTION: The Merit System Board denied the request.

B-31 JAIME LEPORE

Jaime Lepore, a former Medical Security Officer Recruit with the Ann Klein Forensic Center , Department of Human Services, requests that he be reinstated to his former position.

ACTION: The Merit System Board denied the request.

B-32 THOMAS PAVLIK

Thomas Pavlik, a former Laborer with the Township of Brick , represented by Edward C. Bertucio, Jr., Esq., requests that his previously withdrawn appeal be reinstated.

ACTION: The Merit System Board granted a hearing.

B-33 ANIL THOMAS

Anil Thomas, a Senior Accountant with the City of Newark , represented by Daniel J. Zirrith, Esq., petitions the Merit System Board for back pay and counsel fees for the period of his immediate suspension.

ACTION: The Merit System Board granted the request in part.

B-34 RICHARD BICKMORE

Richard Bickmore appeals the determination of the Division of Selection Services that he did not meet the requirements for the open-competitive examination for Training Officer (M0252D), Township of Moorestown .

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

B-35 DEBRA BOSTICK

Debra Bostick appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Social Worker 2 (PS2245P), Juvenile Justice Commission.

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

B-36 MAUREEN DAVINO AND GREGG GILDEN

Maureen Davino 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 Administrative Analyst (C6783D), Monmouth County . Gregg Gilden appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the open competitive examination for Administrative Analyst (C6783D), Monmouth County .

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

B-37 MARYELLEN DOUMA AND VANESSA REQUE

Maryellen Douma and Vanessa Reque appeal the decision of the Division of Selection Services that they did not meet the experience requirements for the open competitive examination for Human Services Specialist 2 (C0138D), Middlesex County .

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

B-38 MARIE KIRSCH

Marie Kirsch appeals the determination of the Division of Selection Services, which found that she did not submit the required transcript or list of courses for the promotional examination for Accounting Assistant (PC0604E), Morris County .

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

B-39 MARIE PERSICHILLI

Marie Persichilli 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 Development Specialist 1 (Mental Health Services) (PS6272K), Division of Mental Health Services.

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

  B-40 MARIE ROWAN AND EMMA WILLIAMS

The personnel Officer, Monmouth County , on behalf of Marie Rowan and Emma Williams, appeals the determination of the Division of Selection Services, which found that they were below the minimum requirements in education for the open competitive examination for Substance Abuse Counselor 2 (C0408E), Monmouth County .

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

B-41 ARTHUR SMITH AND JOHN TILTON

Arthur Smith and John Tilton appeal the determination of the Division of Selection Services, which found that they were below the minimum requirements in experience for the open competitive exam for the “dual” title Code Enforcement Officer/Zoning Officer (M6342E), Lakehurst Borough.

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

  B-42 BEVERLY WILEY

Beverly Wiley appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Social Worker 2 (PS2245P), Juvenile Justice Commission.

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

  B-43 JOHN PHILLIPS

John Phillips appeals his score on the open competitive examination for Coordinator Motor Vehicle Repair (M0091D), City of Camden .

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

B-44 SHAWN FAISON

Shawn Faison, represented by Curtiss T. Jameson, Esq., appeals the determination of the Division of Selection Services denying his request for a make-up for the promotional examination for Senior Park Caretaker (PC1626C), Essex County .

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

B-45 D. DAVID SHU

D. David Shu appeals the determination of the Division of Selection Services which denied his request for a postponement of his make-up examination for the promotional examination for Supervising Program Development Specialist, DEP (PS4945G), Department of Environmental Protection.

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

B-46 JAMES GALBO

James Galbo, represented by Joseph Murphy, Esq., contends that James Martinelli had knowledge of test content prior to taking the examination for Police Lieutenant (PM2601D), Saddle Brook.

ACTION: The Merit System Board granted a hearing.

B-47 FRANK SCARPA

Frank Scarpa, represented by Sanford Oxfeld, Esq., requests reconsideration of the final administrative determination in In the Matter of Nicholas Incanella, et al ., County Police Sergeant and Police Sergeant (Merit System Board, decided May 28, 2003).

ACTION: The Merit System Board denied the request.

B-48 PROPOSED REACSCTION: N.J.A.C. 4A:3 (CLASSIFICATION SERVICES AND COMPENSATION)

It is recommended that N.J.A.C. 4A:3 (Classification Services and Compensation be approved for publication in the New Jersey Registe r for public notice and comment.

ACTION: The Merit System Board approved the proposed readoption for publication in the New Jersey Register.

B-49 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of December 17, 2003 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes.

 

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

B-50 EARLY SETTLEMENTS

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 settlement.

B-51 CUTHBERT HARRIS

Cuthbert Harris 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-52 ROCKY REMBERT

Rocky Rembert, a Senior Correction Officer at East Jersey State Prison, Department of Corrections, appeals the determination of the Director, Equal Employment Division, 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-53 SHEILA HUGHES

The appeal of Sheila Hughes, an Investigator Public Defender, with the Office of the Public Defender, of her removal effective January 28, 2000 on charges, was heard by Administrative Law Judge Robert S. Miller (ALJ), who rendered his initial decision on October 29, 2003 . At its meeting on December 17, 2003 , the 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:
Ida L. Castro
Alan Dexter Bowman
Josephine DiRienzo
Margaret E. L. Howard
Robert J. Long
(Yes)
(Abstained)
(Yes)
(Yes)
(Yes)

B-54 ERIC PRICE

The appeal of Eric Price, a Human Services Assistant with New Lisbon Developmental Center , Department of Human Services, of his removal effective June 7, 2002 on charges, was heard by Administrative Law Judge Solomon A. Metzger (ALJ), who rendered his initial decision on November 6, 2003 modifying the removal to a 15-day suspension. At its meeting on December 17, 2003 , the Merit System Board (Board) adopted the ALJ's recommendation but needed to clarify that the charge of inappropriate physical contact with a client rather than client abuse was upheld. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the decision.

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

There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, January 28, 2004, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.



IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD

 
 
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