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State of New Jersey, Civil Service Commission
Governor Phil Murphy • Lt.Governor Sheila Oliver
 
 

 

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

A regular meeting of the Merit System Board was held on Wednesday, February 25, 2004 , in Trenton , New Jersey .

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

In accordance with L.1975, c.231, Presiding Merit System Board Member Margaret E.L. Howard opened the meeting with the following statement:

Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on December 11, 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: February 2, 2004

TO: Ida L. Castro, Commissioner
Department of Personnel

FROM: Elizabeth Van Marter, Director
Human Resource Management

SUBJECT: Change in the Classification Plan

GENERAL

The Department of Transportation requests the addition of a workweek for a general title to accommodate the working hours of one unit.

The Department has agreed to the inactivation of one title in exchange for approval of this request.

ADDITION OF WORKWEEK

Effective: 02/07/04

Management Improvement Specialist 1
Y32-_____ * Career N4/12

DATE: January 22, 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 CORRECTIONS

The Department of Corrections recently requested and received an upward salary re-evaluation for the title of Supervisor of Identification. The Department now returns to the Merit System Board to request an upward salary re-evaluation for the subordinate titles of Identification Officer and Senior Identification Officer. The incumbents are responsible for tasks involved in the inmate intake process, which includes fingerprinting and photographing of inmates, custody and civilian staff, and compiling inmate records.

The Department contends that the responsibilities impacting the duties of the Supervisor have also impacted the work of subordinates. New legislation and Department policy have expanded the scope of the job. Identification Officers are now required to collect non-blood DNA samples, and are responsible for determining the success and verification of the collection, and maintaining continuity of evidence. All Identification Officers have completed special training for this process.

An analysis of the justification presented warrants an increase in class code. A retroactive effective date is requested to coincide with the effective date of the legislation mandating the collection of non-blood DNA samples.

CHANGE IN CLASS CODE

Effective: 09/20/03

FROM: TO:

Identification Officer

Identification Officer

A 13 -45032 * 35/12

A 14 -45032 * 35/12

Senior Identification Officer

Senior Identification Officer

A 15 -45033 * 35/12

A 16 -45033 * 35/12

DATE: January 24, 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 AND GENERAL

The Office of Information Technology (OIT) is in the process of testing and implementing the E-Cats timekeeping system. OIT is unable to begin testing because the system depends on a definitive assignment of hours to properly calculate monetary time and benefits. The existing titles currently carry an unspecified workweek designation of **, which predates the current time and leave reporting system. The additional workweeks are requested to accommodate the needs of the new system.

ADDITION OF WORKWEEKS

Effective: 01/24/04

Auditor-Accountant Trainee
P95 _____ * NE/12

Employment Services Trainee
P95_____ L NE/12

Employment Services Trainee, Bilingual in Spanish & English
P95_____ L NE/12

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Edward J. Brulotte
Town of West New York
Department of Public Works
Suspension and demotion

Wayne Carter
Vineland Developmental Center
Department of Human Services
Removal

Glenn Everest
Richard Stockton College
Removal

Cheryl S. Hooper
East Jersey State Prison
Department of Corrections
Suspension

Marlon Jordan
Arthur Brisbane Child Treatment Center
Department of Human Services
Return to formerly held permanent title at the end of the working test period

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

ACTION: The Merit System Board acknowledged the settlements.

A-2 KEARY ALLEN

Keary Allen, Police Officer, City of Newark , Police Department, seven-day suspension on charges of violations of Police Department rules regarding insubordination, false statement and conduct unbecoming a public employee.

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

ACTION: The Merit System Board modified the seven-day suspension to an official written reprimand.

A-3 MATTHEW KNIGHT

Matthew Knight, a Correction Sergeant at Albert C. Wagner Youth Correctional Facility, Department of Corrections appealed the determination that he had 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.

Recommendation of the Administrative Law Judge - Deny the appeal.

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

A-4 MILDRED LIGHTFOOT

Mildred Lightfoot, Personnel Aide 1, Ancora Psychiatric Hospital, Department of Human Services, resignation not in good standing effective January 29, 2002, on the charge of being absent from duty for five or more consecutive business days.

Recommendation of the Administrative Law Judge - Uphold the resignation not in good standing.

ACTION: The Merit System Board modified the resignation not in good standing to a resignation in good standing.

A-5 GLADSTONE SPALDING

Gladstone Spalding, County Correction Officer, County of Burlington, County Jail, eight-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 - Modify the eight-day suspension to a four-day suspension.

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

A-6 LANCE SPENCER

Lance Spencer, County Correction Officer, County of Burlington , County Jail , demotion from County Correction Sergeant to the position of County Correction Officer effective January 5, 2003 , on charges of incompetency, inefficiency or failure to perform duties, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the demotion to the position of County Correction Officer.

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

A-7 JAMES WATSON (REMAND)

James Watson, Police Officer, City of Newark , Police Department, 25-day suspension on charges of violations of Police Department rules regarding disobeying orders, unauthorized outside employment and making false statements.

Recommendation of the Administrative Law Judge - Modify the 25-day suspension to a 15-day suspension.

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

A-8 STACY WILSON

Stacy Wilson, Correction Sergeant, South Woods State Prison, Department of Corrections, ten-day suspension on charges of conduct unbecoming a public employee and racial and/or sexual harassment, discrimination and/or retaliation.

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

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

A-9 ERIC BLAIR

Eric Blair, Human Services Technician, Ancora Psychiatric Hospital , Department of Human Services, removal effective April 23, 2002 , on charges of violation of a policy, misuse of position and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-10 BOYETTE MCSWAIN

Boyette McSwain, Senior Juvenile Detention Officer, County of Essex, Department of Citizen Services, removal effective April 13, 1999, on charges of conduct unbecoming a public employee, other sufficient cause, discourteous and abusive treatment of detainee, serious breach of discipline, disorderly conduct, willful violation of rules, regulations, policies and procedures.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-11 CHARLES MOTLEY

Charles Motley, Laborer, City of Newark, Engineering Department, removal effective March 17, 1999, on the charge of failure to comply with the City of Newark's residency ordinance. This matter was held over from the Merit System Board meeting of December 17, 2003 .

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-12 ILEANA FERRANDIZ - SETTLEMENT

Ileana Ferrandiz, Clerk, North Bergen Municipal Utilities Authority, removal effective July 11, 2000 , on charges of fraud, forging a public document and conduct unbecoming a public employee. Settled to a resignation in good standing effective July 11, 2000 and a lump sum payment of $8,500.

Recommendation of the Administrative Law Judge - Acknowledge the settlement.

ACTION: The Merit System Board acknowledged the settlement.

SECTION B - MISCELLANEOUS MATTERS

B-1 NICKEY E. FLOWERS

Nickey E. Flowers, represented by Anthony J. Fusco, 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 appeal be granted.

B-2 CHARLES BILLINGTON

Charles Billington, a Correction Sergeant with South Woods State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be referred to the Medical Examiners Panel.

B-3 MICHAEL PIERCE

Michael Pierce, a Senior Correction Officer at South Woods State Prison, Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-4 MARIE RABB

Marie Rabb, a Residential Living Specialist at Trenton Psychiatric Hospital , Department of Human Services, represented by John W. Devlin, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-5 JOAN ROBBINS

Joan Robbins, a Supervisor of Nursing Services at 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-6 BRUCE SEDDON

Bruce Seddon, a Charge Nurse with the New Lisbon Developmental Center , Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-7 RENA THOMAS

Rena Thomas, an Intermittent Data Entry Machine Operator 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 granted.

B-8 PAUL H. CONOVER

Paul H. Conover, represented by Donald M. Lomurro, Esq., appeals the decision of Human Resource Information Services, which upheld the bypass of his name for appointment on the Police Lieutenant (PM2618D), Marlboro Township , eligible list.

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

B-9 GENEVA YOUNG

Geneva Young appeals the decision of the Division of Human Resource Information Services (HRIS) which upheld the removal of her name from the Social Worker 2 (Corrections) (S0605B), Department of Corrections, eligible list due to her failure to appear for an interview. Additionally, the appellant appeals the decision of HRIS, which upheld the removal of her name from the eligible list for Substance Abuse Counselor 2 (S603B), Juvenile Justice Commission, due to an unsatisfactory employment record.

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

B-10 ASSISTANT CHIEF SECURITY OFFICER, RAMAPO COLLEGE

The Director of Human Resources, Ramapo College of New Jersey, requests that the promotional list for Assistant Chief Security Officer (PS4450J) be cancelled and a new promotional examination be announced.

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

B-11 FIELD REPRESENTATIVE, CONTRACT COMPLIANCE (SPECIAL REEMPLOYMENT LIST AND M1370B), JERSEY CITY

The appointing authority's failure to properly dispose of the certification for Field Representative, Contract Compliance, while a provisional appointee is serving in the title, has been referred to the Merit System Board for enforcement.

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

B-12 LOAN ADVISOR, JERSEY CITY

The appointing authority's failure to properly dispose of the certification for Loan Advisor, while a provisional appointee is serving in the title has been referred to the Merit System Board for enforcement.

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

B-13 PRINCIPAL ACCOUNTANT (REGULAR REEMPLOYMENT LIST) CITY OF NEWARK

The appointing authority's failure to properly dispose of the certification for Principal Accountant while three provisional appointees are serving in the title, has been referred to the Merit System Board for enforcement.

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

B-14 ELIZABETH ATKINS

The Superior Court of New Jersey, Appellate Division, has remanded the matter of the bypass of Elizabeth Atkins' name on the eligible list for Quality Assurance Coordinator, Health Care Facilities (C6857A), Camden County Health Services Center , to the Merit System Board for reevaluation.

ACTION: The Merit System Board affirmed its prior decision and ordered the certification be corrected.

B-15 MARTIN OGIDI

Martin Ogidi, a Personnel Assistant 4 with the Department of Corrections (DOC), appeals the determination of the Assistant Director, Equal Employment Division (EED), of the DOC, stating that the appellant failed to present sufficient evidence to support a finding that he had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination, Harassment, or Hostile Environments in the Workplace.

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

B-16 WANDA SLATER

Wanda Slater, a Senior Correction Officer at Northern State Prison, Department of Corrections (DOC), appeals the determination of the Assistant Director, Equal Employment Division, DOC, which found that she failed to present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-17 MILITARY SERVICE CREDIT FOR STATE TEACHERS

The Communications Workers of America (CWA), AFL-CIO, represented by Rosemarie Cipparulo, Esq., appeals the decision of the Assistant Commissioner, State and Local Operations, stating that teachers employed by the State of New Jersey at the Department of Corrections, the Department of Human Services, and the Juvenile Justice Commission, are not entitled to military service credit for compensation purposes pursuant to N.J.S.A. 18A:29-11.

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

B-18 JADWIGA WARWAS

Jadwiga Warwas, a former Public Health Epidemiologist with the County of Passaic Health Department, petitions the Merit System Board for relief, pursuant to N.J.S.A. 11A:2-24 and N.J.A.C. 4A:2-5.1, from alleged reprisal from her employer.

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

B-19 HARRY AGIN

Harry Agin, a former Construction Officer with the Township of North Brunswick, represented by Stephen E. Klausner, Esq., requests reconsideration of the August 12, 2003 Merit System Board decision, which acknowledged the settlement of the parties as clarified.

ACTION: The Merit System Board granted the request for reconsideration and remanded the matter to the Office of Administrative Law for a hearing.

B-20 JOHN CHABAK, JR.

John Chabak, Jr., petitions the Merit System Board for reconsideration of its decision rendered on October 22, 2003 in which his request for admittance to the examination for Hazardous Materials Responder (Operations), (C9479D), Union County , was denied.

ACTION: The Merit System Board granted the request.

B-21 SHEILA FARAH, ET AL.

The appointing authority, on behalf of Sheila Farah, Patricia Kinsky, and Patricia Romanowski, petitions the Merit System Board for reconsideration of the decision rendered on October 9, 2002 , which found that they did not meet the experience requirements for the promotional examination for Supervising Clerk (PC1473C), Camden County Board of Social Services.

ACTION: The Merit System Board granted the request.

B-22 JOHN TREIBER

John Treiber, a former Maintenance Worker 1 with the Department of Transportation, represented by Arnold Shep Cohen, Esq., petitions the Merit System Board for reconsideration of its final decision rendered on August 21, 2003 , which upheld his removal.

ACTION: The Merit System Board granted the request for reconsideration and affirmed the recommendation of the Administrative Law Judge to modify the removal to a six-month suspension.

B-23 RAMON CRUZ

Ramon Cruz, a former Laborer with the City of Newark , represented by Arnold Shep Cohen, Esq., requests that the Merit System Board (Board) reinstate his appeal of his removal, effective December 19, 2001 , on charges, which was dismissed based on his failure to appear a scheduled hearing on January 6, 2002 .

ACTION: The Merit System Board denied the request.

B-24 RUDOLPH TERRY

Rudolph Terry, a former Heating and Air Conditioning Mechanic with Burlington County, Buildings and Grounds Department, represented by Steve Jarema, Senior Staff Representative, CWA Local 1034, requests that the Merit System Board reinstate the appeal of his six-day suspension, which was dismissed based on Terry's failure to appear at a scheduled settlement conference.

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

B-25 RONALD BATKO

The appeal of Ronald Batko of the bypass of his name for appointment from the Police Lieutenant (PM3205S), Borough of Sayreville eligible list was heard by Administrative Law Judge John R. Futey (ALJ), who rendered his initial decision on December 4, 2003 , upholding the bypass. At its meeting on January 28, 2004 , the Merit System Board affirmed the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-26 SHANE STREATER

The appeal of Shane Streater, a Fire Fighter with the City of Camden of his removal, effective May 1, 2001 , on charges, was heard by Administrative Law Judge Robert S. Miller (ALJ), who rendered his initial decision on December 8, 2003 . At its meeting on January 28, 2004 , the Merit System Board did not adopt the ALJ's recommendation to uphold the removal. Rather, the Board modified the removal to a 120-day suspension. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the decision

B-27 DAVID SZATKIEWICZ

The appeal of David Szatkiewicz, a Police Officer with the Township of Andover , of his 69-day suspension, beginning July 17, 2002 , on charges, was heard by Administrative Law Judge Leslie Z. Celantano (ALJ), who rendered her initial decision on December 8, 2003 . At its meeting on January 28, 2004 , the Merit System Board did not adopt the ALJ's recommendation to vacate the appellant's 69-day suspension. Rather, the Board modified the appellant's 69-day suspension to a 30-day suspension. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the decision.

B-28 SAMAD WASHINGTON

The appeal of Samad Washington, a Police Officer with the City of Newark , of his 80 working day suspension, on charges, was heard by Administrative Law Judge Sandra Ann Robinson (ALJ), who rendered her initial decision on November 18, 2003 . At its meeting on January 28, 2004 , the Merit System Board did not adopt the ALJ's recommendation to modify the 80 working day suspension to a 36 working day suspension. Rather, the Board imposed a 60 working day suspension. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the decision.

B-29 ELLEN APOLDITE, ET AL.

Ellen Apoldite, Majeeda Haqq, Margaret Hayes, and Christine Tidd appeal the determination of the Division of Selection Services, which found that, per the substitution clause for education, they were below the minimum requirements in experience for the promotional examination for Telecommunications System Analyst 3 (PS5131U), Office of Information Technology.

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

B-30 LOIS C. BALLURIO

Lois C. Ballurio appeals the decision of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Volunteer Services Assistant (PS5825E), Military and Veterans Affairs.

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

B-31 XIOMARA M. CIVIDANES AND LUZ M. URENA-GUTIERREZ

The Ocean County Board of Health, on behalf of Xiomara M. Cividanes and Luz M. Urena-Gutierrez appeals the decisions of the Division of Selection Services, which found that they were ineligible for the promotional examination for Senior Clerk Typist (PC0185E), Ocean County , because they were not permanent in a title to which the examination was open.

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

B-32 NICOLE M. DAWSON

Nicole M. Dawson appeals the decision of the Division of Selection Services, which found that she did not meet the experience requirement for the open competitive examination for Manager, Animal Control Facility (M9027D), Jersey City .

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

B-33 MICHELLE D. GOODMAN, VERNON HARWICK AND JOSEPHINE TAPIA

Michelle D. Goodman, Vernon Hardwick and Josephine Tapia appeal the determination of the Division of Selection Services, which found that they did not meet the requirements for the examination for Substance Abuse Counselor 1 (Mental Health/Alcoholism Services) (S9225E), Division of Mental Health and Hospitals.

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

B-34 WILLIAM L. GREEN

William L. Green 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 Truck Driver, Single Axle (S9204E), State of New Jersey .

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

B-35 GARRY HOUMAN

Garry Houman appeals the decision of the Division of Selection Services, which found that the he did not meet the experience requirements for the promotional examination for Assistant Purchasing Agent (PM1534D), Brick Township .

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

B-36 JAMES KERNAN

James Kernan appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the examination for Substance Abuse Counselor 1 (Mental Health/Alcoholism Services) (S9225E), Division of Mental Health and Hospitals.

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

B-37 JENNIFER NAPOLI

Jennifer Napoli appeals the determination of the Division of Selection services, which found that she did not meet the experience requirements for the open competitive examination for Social Worker 2 (Corrections) (S0144E), Department of Corrections.

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

B-38 CHERYL TEEL-KEESE

Cheryl Teel-Keese 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 Fiscal Analyst (PS8109H), Department of Health and Senior Services.

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

B-39 JESSICA Y. TORRES

Jessica Y. Torres appeals the decision of the Division of Selection Services, which found that per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Human Services Specialist 2 Bilingual in Spanish and English (PC1144D), Hudson County .

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

B-40 JUDITH VANDER PLOEG

Judith Vander Ploeg appeals the decision of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Supervising Data Control Clerk (PC1817D), Sussex County .

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

B-41 RANDALL M. WOOD

Randall M. Wood appeals the decision of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Executive Assistant (PM1297D), Plainfield Housing Authority.

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

B-42 DEBORAH THOMSON AND SONIA RODRIGUEZ

The Director, Division of Human Resource Management, on behalf of the Camden County Board of Social Services, requests that Deborah Thomson's out-of-title work experience be accepted to qualify her for a prospective promotional examination for Technician, Management Information Systems (MIS), Camden County Board Social Services. The Director also requests that Sonia Rodriquez's out-of-title work experience be accepted to qualify her for a prospective promotional examination for Senior Technician, Management Information Systems (MIS), Camden County Board of Social Services.

ACTION: The Merit System Board granted the request.

B-43 LINDA MELCHIONNA, BRIAN BYRNES AND JOSEPH RAO

Linda Melchionna, represented by John M. Murphy, Jr., Esq., Brian Byrnes and Joseph Rao appeal the administration of the promotional examination for Police Sergeant (PM2547E), Marlboro Township .

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

B-44 MELISSE CARASIA AURITI, ET AL.

Melisse Carasia Auriti, Timothy Doutt, Janet Jessel, Brian McLendon, Anthony Pilawksi and Terry Pilawski appeal the title scope for the promotional examination for Manager 4, Environmental Protection Technical/Scientific/Engineering (PS6067G).

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

B-45 ANA PEREZ AND ROSA PEREZ

The Middlesex County Board of Social Services appeals on behalf of Ana Perez and Rosa Perez, requesting their late admittance to the open competitive examination for Social Service Aide, Bilingual in Spanish and English (C0366D), Middlesex County , on the basis that they were not notified of the examination.

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

B-46 ROSEMARIE CHISHOLM-COHEN

The Division of Human Resource Management requests an interim non-competitive appointment for Rosemarie Chisholm-Cohen, Sheriff's Department, Ocean County , in accordance with N.J.A.C. 4A:3-1.2(c).

ACTION: The Merit System Board granted the request.

B-47 BATTALION FIRE CHIEF, HOBOKEN , CERTIFICATION PLO31152

IAFF Local 1076, represented by Bruce Leder, Esq., appeals the decision of the Division of Human Resource Information Services not to amend the regular appointment dates of Henry Setkiewicz and Michael Turner, Jr., from August 1, 2003 to December 19, 2002 and of Andrew Markey from August 1, 2003 to July 12, 2003 in the title Battalion Fire Chief.

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

B-48 JOSEPH FRIETAS, III AND MARIA TODARO

Joseph Frietas, III and Maria Todaro appeal the eligibility of Michael Florio for the promotional examination for Superintendent of Weights and Measures (PC1814D), Union County .

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

B-49 GAIL FURRER

Gail Furrer 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 Administrative Assistant 1 (PS7454K), Developmental Disabilities Council.

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

B-50 DAVID SOBKE

David Sobke appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, he did not meet the experience requirements for the promotional examination for Buyer (PS5437K), Division of Youth and Family Services (DYFS), Department of Human Services.

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

B-51 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes of its meeting of February 11, 2004 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of February 11, 2004 .

B-52 DAWN HENSLEY

The appeal of Dawn Hensley, a County Correction Officer with the County of Burlington , of her 20 working day suspension, beginning October 24, 2002 , on charges, was heard by Administrative Law Judge (ALJ) Steven C. Reback, who rendered his initial decision on October 15, 2003 . At its meeting on February 11, 2004 , the Merit System Board (Board) adopted the ALJ's recommendation to reverse the appellant's suspension. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the decision.

B-53 FRANK DEBARTOLA

The appeal of Frank DeBartola, a Police Officer with the Borough of Lodi, concerning his release at the end of this working test period effective December 23, 2002, was before Administrative Law Judge Robert J. Giordano (ALJ), who rendered his initial decision on January 2, 2004, reversing the release at the end of the working test period and providing a new shortened two month working test period. At its meeting on February 11, 2004 , the Merit System Board did not adopt the ALJ's recommendation. Rather, the Board ordered that the appellant be granted permanent status. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the decision.

B-54 WAYNE TRUEX

The appeal of Wayne Truex, a Police Officer with Lakewood Township , of his removal, effective November 19, 2002 , on charges, was heard by Administrative Law Judge John Schuster, III (ALJ), who rendered his initial decision on December 16, 2003 . At its meeting on January 28, 2004 , the Merit System Board (Board) did not adopt the ALJ's recommendation to modify the removal to a 30-day and a 60-day suspension. Rather, the Board upheld the appellant's removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-55 NANCY L. MEANS

Nancy L. Means appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the open competitive examination for Director of Family Counseling (C6891E), Bergen County .

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

B-56 FERN MCRAE AND JACQUELINE NETTLES

Fern McRae and Jacqueline Nettles assert that their promotional rights were abridged by the appointment of El-Rhonda Williams Alston to the title of Supervising Program Development Specialist, Department of Community Affairs.

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

B-57 JOHN LEMBRYK

John Lembryk, represented by Joseph M. Rasa, Esq., petitions the Merit System Board for a determination of his entitlement to permanent status in the title of County Correction Officer.

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

B-58 EARLY SETTLEMENTS

Erica Andujar
County of Monmouth
Department of Health Care Facilities
Suspension

Tyyon Gibson
Trenton Psychiatric Hospital
Department of Human Services
Resignation not in good standing

Charles Grames
Township of Parsippany Troy Hills
Removal

Rose Marie Petit-Homme
County of Monmouth
Department of Health Care Facilities
Suspension

Amy Vaugh
Trenton Psychiatric Hospital
Release at the end of the working test period

ACTION: The Merit System Board acknowledged the settlements.

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

_______________________________

MARGARET E. L. HOWARD

PRESIDING BOARD MEMBER

 
 
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