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

 

Ida L. Castro, Chairwoman
Flavella Branham
Josephine DiRienzo
Robert J. Long

May 19, 2004
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A regular meeting of the Merit System Board was held on Wednesday, May 19, 2004, in Trenton, New Jersey.

PRESENT: Chairwoman Ida L. Castro, Merit System Board Members, Flavella Branham, Josephine DiRienzo 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, 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 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: April 22, 2004

TO: Ida L. Castro, Commissioner
Department of Personnel

FROM: Elizabeth Van Marter, Director
Human Resource Management

SUBJECT: Change in the Classification Plan


DEPARATMENT OF TRANSPORTATION


The Department of Transportation requests a two-range upward salary re-evaluation for the Department-specific title of Secretary, Department of Transportation.

The Department has revised the current job description to reflect the actual duties and responsibilities of the position. These changes had substantial job content effects. A comparison of the duties against the existing Hay Evaluation reveals that the knowledge and accountability factors are impacted.

The Appointing Authority requests a retroactive effective date.

CHANGE IN SALARY EVALUATION
Effective: 05/03/03

FROM: TO:
Secretary, Department of Transportation Secretary, Department of Transportation
A17-24521 Competitive O NE/12 A19-24521 Competitive O NE/12


DATE: April 27, 2004

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 STATE

The Department of State requests an upward salary re-evaluation for titles responsible for curator functions in the New Jersey State Museum. The Department requests that the existing education substitution clause be removed, making the minimum education requirement a specific Master’s degree. The appropriate negotiations’ representatives are aware of this request.

The Department contends that these titles have greater responsibilities than what is currently depicted in their job descriptions. The addition of planning, design and evaluation duties, and the removal of the Master’s substitution clause are of such a degree that the evaluated job content has changed. A title verbiage change is also requested for two of these titles.

CHANGE IN SALARY EVALUATION
Effective: 12/13/03

Assistant Curator, Natural Science Assistant Curator, Natural Science
Interpretation Interpretation
P23-74564n E Competitive NE/12 P25-74564n E Competitive NE/12

Assistant Curator, Planetarium Services Assistant Curator, Planetarium Services
P23-74564l E Competitive NE/12 P25-74564l E Competitive NE/12

Assistant Curator, Archaeology/ Assistant Curator, Archaeology/
Ethnology Interpretation Ethnology Interpretation
P23-74564m E Competitive NE/12 P25-74564m E Competitive NE/12

CHANGE IN SALARY EVALUATION AND TITLE VERBIAGE
Effective: 12/13/03

FROM: TO:
Assistant Curator, NJ Comtemporary Assistant Curator, Fine Arts Collection
Artists, Art Exhibits and Exhibits
P23-74564d E Competitive NE/12 P25-74564d E Competitive NE/12

Assistant Curator, Natural Science Assistant Curator, Natural History
Collections/Exhibits Collections/Exhibits
P23-74564o E Competitive NE/12 P25-74564o E Competitive NE/12


DATE: April 19, 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 Human Services requests permission to create a Senior Practical Nurse title, for use in the Departments of Human Services and Military and Veteran’s Affairs. The title will be used as a career advancement path for Practical Nurses.

This request is part of the Governor’s Nursing Initiative for the recruitment and retention of qualified nurses to staff State-run health care facilities. This action is with the review and consent of the respective negotiations representatives, and the Governor’s Office of Employee Relations. A forty-hour workweek designation is requested to coincide with the workweek of the entry-level title.

ADDITION OF TITLE
Effective: 06/26/04

Senior Practical Nurse
H17-_____ Competitive * 40/12


WITHDRAWAL OF APPEALS

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

George Boykin, Senior Correction Officer, Juvenile Justice Commission, Department of Law and Public Safety, removal.

Ralph Cioffi, Police Lieutenant, Department of Public Safety, County of Hudson, transfer rights.

Robert Deacon, Head Nurse, 12 months, Greystone Park Psychiatric Hospital, Department of Human Services, removal.

Christian Granata, County Correction Officer, County of Burlington, two removals.

John Jordan, Senior Correction Officer, Garden State Correctional Facility, Department of Corrections, suspension.

Benjamin Soto, Supervisor Water, Department of Public Works, City of Trenton, removal.

DISMISSAL OF APPEALS - FAILURE TO APPEAR

The Merit System Board dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:

Christina Coppolecchia, Intermittent Clerk, Treasury, Division of Revenue, Department of Treasury, release at the end of the working test period.

Ebony Govan, Therapy Aide, Woodbine Developmental Center, Department of Human Services, removal.

Jennifer Kratzer, Clerk Typist, County Jail, County of Burlington, suspension.

Vernon Letson, Family Service Specialist Trainee, Division of Youth and Family Services, Department of Human Services, removal.

Langston Tisdale, Senior Correction Officer, Mountainview Youth Correctional Facility, Department of Corrections, suspension for 15 days.

Paul Whitehead, Truck Driver, Department of Public Works, Borough of Belmar, removal.

Eric Wolfe, Intermittent Clerk, Division of Revenue, Department of Treasury, release at the end of the working test period.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Isaac Barron
Department of Labor
Removal

In the Matter of Michael Breen
County of Monmouth
Department of Corrections and Youth Services
Removal

In the Matter of Thomas Floyd
Town of Kearny
Police Department
Suspensions (2)

In the Matter of Dawn Hensley
County of Burlington
County Jail
Removals (2)

In the Mater of Stephanie Pape
County of Gloucester
Indefinite suspension

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

ACTION: The Merit System Board acknowledged the settlements.


A-2 MERLYN FRANCIS

Merlyn Francis, Principal Training Technician, Department of Health and Senior Services, 1) resignation not in good standing effective March 29, 2001, on charges of conduct unbecoming a public employee, neglect of duty, and unauthorized absence and being absent from duty for five or more consecutive business days following an approved leave of absence and 2) removal effective March 29, 2001, on the charge of incompetency, inefficiency, or failure to perform duties.

Recommendation of the Administrative Law Judge - Dismiss appeal with prejudice

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to dismiss without prejudice.

A-3 ELIZABETH HARRIS

Elizabeth Harris, Human Services Assistant, Greystone Park Psychiatric Hospital, Department of Human Services, release at the end of the working test period effective October 22, 2002.

Recommendation of the Administrative Law Judge - Uphold the release at the end of the working test period.

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

A-4 CYNTHIA MCALLISTER

Cynthia McAllister, County Correction Officer, County of Union, Department of Public Safety, ten-day suspension on charges of insubordination and neglect of duty.

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

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


A-5 LUIS OSORIO

Luis Osorio, Police Officer, City of Newark, Police Department, 1) 30-day suspension on charges of conduct unbecoming a public employee and violation of Police department rules regarding conduct and language. 2) five-day suspension on the charge of neglect of duty.

Recommendation of the Administrative Law Judge - Modify the 30-day suspension to a 20-day suspension. It appears that the Administrative Law Judge, prior to hearing, dismissed the five-day suspension as a minor discipline.

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

A-6 CLAY A. SHEPHERD

Clay A. Shepherd, Police Lieutenant, City of Burlington, Police Department, five-day (12 hour days) suspension on charges of incompetency, inefficiency or failure to perform duties and violation of various Police Department rules.

Recommendation of the Administrative Law Judge - Dismiss the appeal as moot.

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

A-7 JARRED THOMPSON

Jarred Thompson, Support Services Representative Trainee, Department, of Transportation, release at the end of the working test period May 4, 2003.

Recommendation of the Administrative Law Judge - Uphold the release at the end of the working test period.

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


A-8 KENYA GRAYSON

Kenya Grayson, Youth Worker, Juvenile Justice Commission, Department of Law and Public Safety, removal effective May 31, 2000, on charges of conduct unbecoming a public employee, neglect of duty and violation of rules regarding failure to follow policy and procedures.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-9 RAYMOND HALLOCK

Raymond Hallock, Police Officer, Township of Lakewood, Police Department, two removals effective immediately one removal on charges of conduct unbecoming a public employee, violation of New Jersey motor vehicle laws and the second removal on the charge of inability to perform duties.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-10 BRUCE NORMAN

Bruce Norman, Police Sergeant, City of Asbury Park, Department of Public Safety, removal effective immediately on charges of violation of rules regarding obedience to laws and regulations, insubordination, alcoholic beverages and drugs, and physical fitness for duty.

Recommendation of the Administrative Law Judge - Uphold the removal.

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


A-11 FRANK HOFFMAN

Frank Hoffman, Correction Sergeant, County of Hudson, Department of Public Safety, removal effective March 23, 2001, on charges of conduct unbecoming a public employee and neglect of duty.

This matter was previously presented to the Merit System Board at its regular meeting of April 5, 2004.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-12 FLEMICA PYGUM

Flemica Pygum, Human Services Assistant, Hunterdon Developmental Center, Department of Human Services, removal effective June 15, 2002, on the charge of physical abuse of a client.

This matter was previously presented to the Merit System Board at its regular meeting of March 24, 2004.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

SECTION B - MISCELLANEOUS MATTERS

B-1 GARY PARKS

Gary Parks appeals the removal of his name from the eligible list for Correction Officer Recruit (S9999D) on the basis of psychological unfitness.

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

B-2 IVETTE ARCE

Ivette Arce, a Senior Correction Officer with 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-3 BRUNO FALVO

Bruno Falvo, a Teacher 1, 12 Months, with the Juvenile Justice Commission, Department of Law and Public Safety, represented by Paul A. Devlin, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-4 ANNELIESE GARCIA

Anneliese Garcia, a Human Services Assistant with 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-5 KATHLEEN LARASON

Kathleen Larason, a Technical Assistant 2 Treasury with the Department of the Treasury, appeals the denial of sick leave injury (SLI) benefits.

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

B-6 LIA MCRAE

Lia McRae, a Head Audit Account Clerk with the Division of Youth and Family Services, Department of Human Services, represented by Laurie Taylor, Staff Representative, CWA Local 1037, appeals the denial of sick leave injury (SLI) benefits.

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

B-7 DEIRDRE PETERS

Dierdre Peters, a Taxpayer Service Representative 3 with the Department of the Treasury, represented by Jesse J. Averhart, CWA Local 1033, appeals the denial of sick leave injury (SLI) benefits.

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


B-8 DIANE ROBINSON

Diane Robinson, a Cottage Training Technician at the Vineland Developmental Center, Department of Human Services (DHS), appeals the denial of sick leave injury (SLI) benefits.

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

B-9 CECIL SMITH

Cecil Smith, a Senior Correction Officer, Juvenile Justice with the Juvenile Justice Commission, represented by Vasiliki Pagidas, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-10 TIMOTHY ANDERSON

The appointing authority appeals the decision of Human Resource Information Services (HRIS) which found that it had not presented a sufficient basis to remove the name of Timothy Anderson from the special reemployment list for Tenant Interviewer, Plainfield Housing Authority.

ACTION: The Merit System Board directed that this appeal be granted and Timothy Anderson’s name be removed from the special reemployment list for Tenant Interviewer, Plainfield Housing Authority.

B-11 BAZYT BERGUS

Bazyt Bergus appeals the decision of Human Resource Information Services, which upheld the removal of his name from the Police Lieutenant (PM2599A), City of Newark, eligible list, based on an unsatisfactory employment record.

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

B-12 JEANNETTA E. DAVIS

Jeannetta E. Davis appeals the appointing authority’s request to remove her name from the eligible list for Human Services Specialist 1 (C0157D), Monmouth County.

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

B-13 JOHN FOLLO

John Follo, represented by William D. Sayers, Esq., appeals the decision of Human Resource Information Services which upheld the bypass of his name on the June 14, 2002 certification for County Correction Lieutenant (PC3005C), Union County, eligible list.

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

B-14 IRVING FREDERICK GREVIOUS

Irving Frederick Grevious, a Correction Sergeant with the Department of Corrections, appeals the decision of Human Resource Information Services, which upheld the removal of his name from the list for Correction Lieutenant (PS6320I), Based on his unsatisfactory employment record.

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

B-15 RASHEEDAH HARGROVE

Rasheedah Hargrove appeals the decision of Human Resource Information Services which removed her name from the eligible list for County Correction Officer (S9999D), Essex County, due to the appellant’s failure to appear for her interview.

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

B-16 MILTON P. HILL, JR.

Milton P. Hill, Jr. represented by D. William Subin, Esq., appeals the removal of his name from the County Correction Officer (S9999D), Atlantic County eligible list on the basis that he falsified his employment application.

ACTION: The Merit System Board dismissed the appeal as moot.

B-17 PATRICIA HIPKINS CARR

Patricia Hipkins Carr appeals the decision of Human Resource Information Services, which upheld her bypass on the open competitive eligible list for Family Service Worker (C0235D), County of Essex.

ACTION: The Merit System Board directed that this appeal be denied and the appellant’s name be removed from the Family Service Worker (C0235D), County of Essex eligible list.

B-18 JOSE RIVERA

Jose Rivera appeals the decision of the appointing authority to remove his name from the eligible list for Delivery worker (C6840E), Passaic County based on an inability to communicate effectively in English in order to perform the duties of the position.

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

B-19 MARK SAUNDERS

Mark Saunders, represented by Sharon A. King, Esq., appeals the decision of the appointing authority to remove his name from the Police Officer (M1836M), City of Camden eligible list, due to an unsatisfactory criminal record and requests enforcement of the Merit System Board’s order in In the Matter of Mark Saunders (MSB, decided May 15, 2002).

ACTION: The Merit System Board granted a hearing.

B-20 OFFICE SUPERVISOR (PM0834C), CITY OF NEWARK

The appointing authority request permission not to make an appointment from the certification for Office Supervisor (PM0834C), City of Newark.

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

B-21 RECREATION PROGRAM SPECIALIST (M0139D), CITY OF TRENTON

The appointing authority’s failure to properly dispose of the certification for Recreation Program Specialist, 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-22 VOCATIONAL COUNSELOR, CORRECTIONS (S0159E), DEPARTMENT OF CORRECTIONS

The Department of Corrections requests permission not to make an appointment from the certification for Vocational Counselor (S0159E), Department of Corrections.

ACTION: The Merit System Board granted the request for appointment waiver and directed that selection costs be presently deferred.

B-23 JEFFREY JOHNSON

Jeffrey Johnson, a Trooper with the Division of State Police, Department of Law and Public Safety (DL&PS), appeals the determination of the Deputy Chief of Staff or DL&PS, 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 the Workplace.

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

B-24 JANE LYONS

Jane Lyons, a Senior Engineer with the Department of Transportation (DOT), appeals the determination of the Deputy Commissioner of the DOT, 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-25 THOMAS NOEL

Thomas Noel, a Crew Supervisor, Highway Maintenance, with the Department of Transportation (DOT), represented by Paul Pologruto, CWA Local 1032, appeals the determination of the Division of Civil Rights and Affirmative Action, with the DOT, stating that there was sufficient evidence to support a finding that the appellant had subjected Job Austin, a Maintenance Worker 1, Transportation, with the DOT, 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-26 FRANK SLANEY

Frank Slaney, a Senior Correction Officer with Southern State Correctional Facility, Department of Corrections, represented by John A. Moustakas, Esq., requests back pay for the period of his indefinite suspension pending criminal charges.

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

B-27 AURORA GARCIA

Aurora Garcia, a Supervisor of Nurses with the Department of Human Services, Mercer County, represented by Charles F. Szymanski, Esq., petitions the merit System Board for reconsideration of the final determination rendered August 15, 2003, by the Director of Merit System Practices and Labor Relations denying her request for a hearing.

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

B-28 DELLA HANSOM

Della Hansom, a Secretarial Assistant 1, Non-Steno, Deaf Language Specialist with the Marie H. Katzenbach School for the Deaf, Department of Education petitions the Merit System Board for reconsideration of the final administrative determination, rendered May 28, 2003, denying her appeal for sick leave injury (SLI) benefits.

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

B-29 DONNA STROMAN

Donna Stroman, a Senior Correction Officer with the Juvenile Justice Commission, represented by Charles J. Sciarra, Esq., petitions the Merit System Board for reconsideration of the final administrative determination, rendered December 1, 2003, by the Director of Merit System Practices and Labor Relations denying her request for a hearing.

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


B-30 GLADYS TOMBOYA

Gladys Tomboya, a Human Services Technician with the New Jersey Veterans’ Memorial Home at Paramus, Department of Military and Veterans’ Affairs, petitions the Merit System Board for reconsideration of the decision, rendered on February 11, 2004, in which the Board denied her request to reinstate her appeal of her removal.

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

B-31 ANNA DELUCCIA

Anna DeLuccia, Senior Correction Officer, Edna Mahan Correctional Facility, Department of Corrections, requests Merit System Board review of an official written reprimand.

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

B-32 THOMAS CURTIS

The appeal of Thomas Curtis, a Sheriff’s Officer with the Hudson County Sheriff’s Department, of his removal, effective October 26, 2001, on charges, was heard by Administrative Law Judge Sandra Ann Robinson (ALJ), who rendered her initial decision on March 18, 2004, upholding the removal. AT its meeting On May 5, 2004, the Merit System Board adopted 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-33 FRANKLIN FRIERSON

The appeal of Franklin Frierson, a Custodial Worker with the Newark School District, of his removal, effective April 5, 2001, on charges, was heard by Administrative Law Judge Mumtaz Bari-Brown (ALJ), who rendered her initial decision on February 11, 2004. At its meeting on May 5, 2004, the Merit System Board did not adopt the ALJ’s recommendation to uphold the removal. Rather, the Board ordered that the matter be remanded to the Office of Administrative Law. The proposed decision is now submitted for the Board’s review.

ACTION: The Merit System Board adopted the decision.


B-34 CHESTER SOLOWIEJ

The appeal of Chester Solowiej, a Police Officer with the city of Newark, of his 10-day suspension on charges, was heard by Administrative Law Judge Maria Mancini LaFiandra (ALJ), who rendered her initial decision on March 31, 2004 recommending that the appeal be dismissed for lack of jurisdiction. At its meeting on May 5, 2004, the Merit System Board adopted 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-35 ANTHONY TORTORELLA

The appeal of Anthony Tortorella, a Police Officer with the City of Orange Police Department, of his removal effective May 31, 2002, on charges, was heard by Administrative Law Judge Mumtaz Bari-Brown (ALJ), who rendered his initial decision on February 24, 2004. At its meeting on May 5, 2004, the Merit System Board adopted the ALJ’s recommendation to uphold the removal. The proposed final decision is not submitted for the Board’s review.

ACTION: The Merit System Board adopted the final decision.

B-36 NAFAEESA WILLIAMS

The appeal of Nafaeesa Williams, a County Correction Officer with Burlington County, of her 10-day suspension on charges was heard by Administrative Law Judge Donald J. Stein (ALJ), who rendered his initial decision on March 30, 2004. At its meeting on May 5, 2004, the Merit System Board adopted the ALJ’s recommendation to uphold the charges but impose no further penalty. The proposed decision is now submitted for the Board’s review.

ACTION: The Merit System Board adopted the decision.

B-37 RAUL ACEVEDO JR. AND LEWIS F. WILSON

Raul Acevedo Jr. and Lewis F. Wilson appeal the decisions of the Division of Selection Services, which found that they did not meet the experience requirements for the open competitive examination for Communications Officer (S0188E).

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

B-38 PADMANABHA AMIN AND GUY HILL

Padmanabha Amin and Guy Hill appeal the determination of the division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Supervising Highway Engineer 2, Traffic (PS7036T), Department of Transportation.

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

B-39 DAVID ASSAD

David Assad appeals the decision of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examination for Habilitation Plan Coordinator (S0176E).

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

B-40 MICHELLE BARTHELEMY

Michelle Barthelemy 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 Administrative Analyst 2 (PS6127K), Arthur Brisbane Child Treatment Center.

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

B-41 ROBERT BASCOU AND UTHAN BILLS

Robert Bascou and Uthan Bills appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for the promotional examination for Supervisor 2, DMV (PS8347T), Department of Transportation.

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


B-42 WILLIAM BLACKEWLL, ET AL.

William Blackwell, Richard Dyal and Daniel Scott appeal the determinations of the Division of Selection Services, which found that they did not meet the experience requirements for the promotional examination for Parks Maintenance Specialist 2 (PS7717G), Division of Parks and Forestry, Department of Environmental Protection.

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

B-43 LALITA I. BRATHWAITE

Lalita I. Brathwaite 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 open competitive examination for Senior Income Maintenance Technician (S0131E).

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

B-44 MOLLY CARROLL, ET AL.

Molly Carroll, Ian DeHaven, Marci D’Errico, Patricia Hartenstine, Julie Smith, Dina Tsivikis, and Ashley Wargo appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for the open competitive examination for Program Development Specialist 3 (Corrections) (S6663E), Department of Corrections.

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

B-45 MIRIAM CLAUDIO-GAUTIER, ET AL.

Miraim Claudio-Gautier, Rhae Johnson, Linda Leonard, Maryann Linnell 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 Administrative Analyst 4 (Data Processing) (PS5435K), Division of Youth and Family Services.

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


B-46 CARMELLA CONN AND KAREN WOLFGANG

Carmella Conn and Karen Wolfgang appeal the determination of the Division of Selection Services which found that, per the substitution clause for education, they did not meet the experience requirements for the promotional examination for Administrative Assistant 2 (PS7640J), Rowan University.

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

B-47 MICHAEL A. CULLINANE, ET AL.

Michael A. Cullinane, Bhagwan Dass, Peter J. Kachur, Erick B. Kiefer and Marsha M. Lau appeal the decisions of the Division of Selection Services, which found that they did not meet the experience requirements for the open competitive examination for Business Manager 1 (S4100E). James A. Kopcho appeals the decision of the Division of Selection Services, which found that he did not meet the education and experience requirements for the open competitive examination for Business Manager 1 (S4100E).

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

B-48 ELIZABETH DECELLO ET AL.

Elizabeth DeCello and Bette DeMarco appeal the determination of the Division of Selection Services which found that, per the substitution clause for education, they did not meet the experience requirements for the promotional examination for Executive Assistant 2 (PS8728T), Department of Transportation. John Dourgarian appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Executive Assistant 2 (PS8728T), Department of Transportation.

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

B-49 JOSEPH DELAPO

Joseph DeLapo 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 Tree Climber (M6303E), Ewing Township.

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


B-50 KAREN FARRELL

Karen Farrell 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 Public Health Representative 1 (PS7360H), Department of Health and Senior Services.

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

B-51 RITA FISHER

Rita Fisher 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 Program Coordinator Mental Health (S0064D), Department of Human Services. It is noted that this matter was held over from the May 5, 2004 Board meeting.

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

B-52 MIRYAM FONKEN, ET AL.

Miryam Fonken, Janet McDaniel, George Putykewycz, and Thomas Wieme, Pro se, and Robert S. Calcagno, represented by Peter J. Scandariato, Esq., appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for the promotional examination for Assistant Administrative Supervisor of Family Services (PC0228E), Passaic County Board of Social Services.

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

B-53 BARBARA FRASNELLI

Barbara Frasnelli appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Executive Assistant 3 (PS6933K), Division of Youth and Family Services.

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


B-54 CLAUDIA FUNARO

Claudia Funaro appeals the determination of the Division of Selection Services, which found that she did not meet the minimum requirements for the open competitive examination for Public Health Consultant 2, Nursing (S0212E), Department of Health and Senior Services.

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

B-55 SHIRLEY A. GAINOR

Shirley A. Gainor 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 Assistant Personnel Officer (C0295D), Hudson County.

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

B-56 DONNA GALARZA

Donna Galarza 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 Analyst 2 (PS6127K), Arthur Brisbane Child Treatment Center.

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

B-57 DIANE GIORDANO

Diane Giordano appeals the determination of the Division of Selection Services, which found that she did not meet the education and experience requirements for the open competitive examination for Paralegal Technician 2 (S0165E).

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


B-58 RICHARD GOODMAN

Richard Goodman appeals the determination of the Division of Selection Services that found that he did not meet the education and experience requirements for the promotional examination for Communications Systems Technician 1 (PS7836K), New Lisbon Developmental Center.

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

B-59 JACQUELINE HOLMES-JOHNSON

Jacqueline Holmes-Johnson appeals the determination of the Division of Selection Services, which found that she did not meet the education requirements for the open competitive examination for Paralegal Technician 2 (S0165E).

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

B-60 JOSEPH L. HUFF AND ANNE P. TRETHEWAY

Joseph L. Huff and Anne P. Tretheway appeal the determinations of the Division of Selection Services which found that, per the substitution clause for education, they did not meet the announced experience requirements for the promotional examination for Social Worker (PC1468C), Union County.

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

B-61 AGNES HUSZTI

Agnes Huszti appeals the determination of the Division of Selection Services, with found that she was below the minimum requirements in experience for the promotional examination for Administrative Analyst 1 (Fiscal Management) (PS8023I), State Parole Board.

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


B-62 SUSAN A. JURDEN AND MARK A. O’SULLIVAN

Susan A. Jurden and Mark A. O’Sullivan appeal the determination of the Division of Selection Services, which found that they did not meet the minimum requirements for the open competitive examinations for Quality Assurance Specialist, Health Services (S9213E), Department of Health and Senior Services.

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

B-63 JEROME F. KILKENNY AND TANYA L. TIMM

Jerome F. Kilkenny and Tanya L. Timm appeal the determinations of the Division of Selection Services, which found that they failed to submit with their applications the required college or university transcript or list of courses and credits required for the open competitive examination for Accountant 2 (S0160E), State of New Jersey.

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

B-64 JENNIFER A. LISI

Jennifer A. Lisi appeals the decision of the Division of Selection Services, which found that she did not meet the experience requirements for the open competitive examination for Habilitation Plan Coordinator (S0176E).

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

B-65 CHRISTOPHER LYNCH

Christopher Lynch appeals the determination of the Division of Selection Services that he was ineligibile for the promotional examination for County Correction Sergeant (PC2630D), Sussex County.

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


B-66 VALARIE M. MAZUR AND CAROL WILSON

Valarie M. Mazur and Carol Wison appeal the decision of the Division of Selection Services that found that, per the substitution clause for education, they were below the minimum requirements in experience for the promotional examination for Senior Management Assistant (PS7202P), Department of Law and Public Safety.

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

B-67 SEAN MCLAUGHLIN

Sean McLaughlin 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 Paralegal Technician 2 (S0165E).

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

B-68 EDWARD MELTON

Edward Melton appeals the determination of the Division of Selection Services, which found that he did not meet the educational requirements for a provisional appointment to the title of Assistant Engineer, Traffic, Department of Transportation.

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

B-69 BERNARD MONKS

Bernard Monks 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 Director of Social Rehabilitation Services (C6934E), Salem County.

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


B-70 KATHY NEILL

Kathy Neill 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 technician Management Information Systems (PS7296K), Woodbine Developmental Center.

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

B-71 SHARON ROSENBERGER-MUGRAUER AND JACQUELINE SMITH

Sharon Rosenberger-Mugrauer appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Executive Assistant 3 (PS6933K), Division of Youth and Family Services. Jacqueline Smith appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Executive Assistant 3 (PS6933K), Division of Youth and Family Services.

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

B-72 DANA RYBA

Dana Ryba appeals the decision of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Technical Program Assistant (Personnel) (PS7019K), Division of Mental Health Services.

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


B-73 PAUL S. SAYAH AND HEMANT SHAH

Paul S. Sayah and Hemant Shah appeal the determinations of the Division of Selection Services, which found that they were below the minimum requirements in education and experience and/or did not proved an evaluated foreign transcript for the open competitive examination for Administrative Analyst 2, Data Process, (C6787D), Monmouth County.

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

B-74 CLAIRE SOVA

Claire Sova appeals the decision of the Division of Selection Services that found that she did not meet the experience requirements for the promotional examination for Administrative Clerk (PM0465D), Jersey City School District.

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

B-75 SUSAN STAFFORD-SMITH

Susan Stafford-Smith appeals the determination of the Division of Selection Services, which found that she was below the minimum requirements in education for the open competitive examination for Geographic Information Systems Specialist Trainee (S6642E).

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

B-76 ELAINE SUEHNHOLZ

Elaine Suehnholz appeals the determination of the Division of Selection Services, which found that she did not meet the minimum requirements for the open competitive examinations for Quality Assurance Specialist, Health Services (S9213E) and Public Health Consultant 2, Nursing (S0212E), Department and Health and Senior Services.

ACTION: The Merit System Board directed that the appeal for Public Health Consultant 2 Nursing (S0212E) be granted but denied the appeal for Quality Assurance Specialist, Health Services (S9213E).


B-77 MAGALY C. WALESKI

Magaly C. Waleski appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she did not meet the experience requirements for the open competitive examination for Assistant Personnel Officer (C0295D), Hudson County.

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

B-78 BEULAH M. WARREN, ET AL.

Beulah M. Warren, Brenda Adcock, Deborah L. DeLa Cretaz, Ellie E. Fornarotto, Barbara Grossett, Gerald Sainsot, and Jane L. Shepherd, represented by Rosemarie Cipparulo, Esq., petitions the Merit System Board for reconsideration of the its final administrative decision in In the Matter of Beulah M. Warren, et al., Field Representative, Housing, Housing Assistance Program (S0512B), Department of Community Affairs (Merit System Board, decided September 24, 2001), which found that they lacked the requisite education and experience and that their names were therefore appropriately removed from the eligible list for Field Representative, Housing, Housing Assistance Program (S0512B), Department of Community Affairs.

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

B-79 PALMER ASKIN

Palmer Askin appeals his score on the promotional examination for Truck Driver Single Axle (PS1064T), Department of Transportation.

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

B-80 PATRICIA GREENE

Patricia Greene appeals her rank and score for the promotional examination for Principal Clerk Typist (PC1190C), Ocean County.

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

B-81 NICHOLAS HANDO

Nicholas Hando appeals his score on the promotional examination for Equipment Operator Roads (PC1874D), Ocean County.

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

B-82 JAMES MCKAY

James McKay appeals his score on the promotional examination for Equipment Operator Roads (PC1874D), Ocean County.

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

B-83 ROBERT MITTEN, ET AL.

Robert Mitten, Eric Spierer and George Wright appeal their scores on the promotional examination for Correction Lieutenant (PS7894P), Juvenile Justice Commission.

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

B-84 HUSSEIN ODEH

Hussein Odeh appeals his score on the promotional examination for Supervising Librarian (PM2024D), Jersey City.

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

B-85 CHRISTOPHER PESCI

Christopher Pesci appeals his score for the written teamwork portion of the examination for Fire Fighter (M9999E).

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

B-86 CRUZ PRIMITIVO

Cruz Primitivo appeals his score on the open competitive examination for Administrative Analyst 1 (S3014E).

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


B-87 CARLOS SANTIAGO AND NOLAN WALLS

Carlos Santiago and Nolan Walls appeal their scores for the physical performance portion of the Fire Fighter (M9999E) examination.

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

B-88 ELIZABETH WALLACH

Elizabeth Wallach appeals her rank and score on the promotional examination for Senior Environmental Specialist, Air Pollution Control (PS8400G), Department of Environmental Protection.

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

B-89 MARK WHELAN

Mark Whelan appeals his score for the physical performance portion of the fire Fighter (M9999A) examination.

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

B-90 JIM BANTIN

Jim Bantin, represented by Sheree Kelly, Esq., appeals the denial of his request for a make-up examination for the second written portion of the examination for Fire Fighter (M9999D), various jurisdictions.

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

B-91 JOHN CAPACCIO

John Capaccio, represented by Curtiss Jameson, Esq., requests a make-up examination for Supervisor Parks (PC0812D) Essex County.

ACTION: The Merit System Board granted the request.

B-92 MICHAEL DEORIO

Michael DeOrio appeals the denial of his request for a make-up examination for the second written portion of the examination for Fire Fighter (M9999D), various jurisdictions.

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

B-93 MICHAEL PAPARONE

Michael Paparone appeals the denial of his request for a make-up examination for the second written portion of the examination for Fire Fighter (M9999D), various jurisdictions.

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

B-94 JAMES ANDERSONN

James Andersonn appeals the administration of the physical performance portion of the open competitive examination for Fire Fighter (M9999E).

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

B-95 IBN BROWN

Ibn Brown appeals the administration of the physical performance portion of the open competitive examination for Fire Fighter (M9999E).

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

B-96 THOMAS MULDROW

Thomas Muldrow appeals the administration of the physical performance portion of the open competitive examination for Fire Fighter (M9999E).

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

B-97 BINDU R. SHAH

Bindu R. Shah appeals her below minimum rating on the written part 1 of the promotional examination for Social Worker (PC1468C), Union County.

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

B-98 THELMA BALDWIN

Thelma Baldwin appeals the validity of the promotional examination for Human Services Specialist 2 (PC1432D), Monmouth County.

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

B-99 MARY WIMBERLY

Mary Wimberly appeals the validity of the promotional examination for Head Cottage Training Supervisor (PS4049K), North Jersey Developmental Center.

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

B-100 MIGUEL VELEZ

Miguel Velez requests that the provisions of N.J.A.C. 4A:4-2.6(a)(4) be relaxed to accept his late application postmarked after the announced closing date for Carpenter (C6974E), Union County.

ACTION: The Merit System Board granted the request.

B-101 LORRAINE DELPALAZZO

The Juvenile Justice Commission appointing authority petitions the Merit System Board for reconsideration of the decision rendered on February 11, 2004 in which Lorraine DelPalazzo’s request for admittance to the examination for Administrative Assistant 3 (PS71715P), Juvenile Justice Commission, was denied.

ACTION: The Merit System Board granted the request.

B-102 MICHAEL GALANO

On behalf of Michael Galano, the Division of Human Resource Information Services, requests that Mr. Galano’s seniority score be changed as a result of a Settlement Agreement and that the eligible list for Police Lieutenant (PM2592A), Jersey City, be revived to appoint him from the next request certification.

ACTION: The Merit System Board granted the request.

B-103 LAURIN STAHL

Laurin Stahl appeals her score on the open competitive examination for Administrative Analyst 1 (S3014E).

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


B-104 ABDUL RAHMAN SALEEM

In its recent decision, In the Matter of Abdul Rahman Saleem v. the Merit System Board and the County of Essex (App. Div. Docket No. A-6479-01T2, decided November 14, 2003), the court reversed and remanded the appeal to the Merit System Board for the purse of addressing the appellant’s exceptions, which had been presented to the Board in a March 14, 2002 letter to the Board, but which were not addressed by the Board in its June 12, 2002 decision.

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

B-105 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 readopted without change.

ACTION: The Merit System Board readopted N.J.A.C. 4A:3 without change.

B-106 STATE VOLUNTARY FURLOUGH PROGRAM

The Commissioner, Department of Personnel, recommends relaxation of eligibility criteria to extend the voluntary furlough program up to the end of fiscal year 2005.

ACTION: The Merit System Board granted the request.

B-107 MERIT SYSTEM BOARD MINUTES

The minutes of the Merit System Board meeting of May 5, 2004 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of May 5, 2004.


B-108 JEFFREY SWAN

Jeffrey Swan, represented by Michael D. Miller, appeals the appointing authority’s request to remove his name from the Fire Fighter (M2013A), City of Camden eligible list due to his failure to respond to a Notice of Certification.

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

B-109 TOMAS JIMENEZ

Tomas Jimenez, a former Laborer with the Township of West New York, appeals his separation from employment, effective December 22, 2003.

ACTION: The Merit System Board granted a hearing.

B-110 RONALDO SANTIAGO

Ronaldo Santiago, a Police Officer with the City of Camden, represented by John P. Morris, Esq., petitions the Merit System Board for interim relief in relation to his immediate suspension.

ACTION: The Merit System Board denied the request for interim relief.

B-111 WILLIAM O’MALLEY AND ANTHONY STRICKLAND

William O’Malley and Anthony Strickland appeal the determination of the Division of Selection Services, which found that they did not meet the education and/or experience requirements for the open competitive examination for Building Management Services Specialist 1 (S6710E).

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


B-112 PHILLIP FOX, ET AL.

The City of Bridgeton requests that the provisions of N.J.A.C. 4A:4-7.1A(c) be relaxed in order to process the Intergovernmental Transfer of Phillip Fox, Issac Marcano, and Christopher Wright from the title of Sheriff’s Officer, Salem County and Jules Mairoano and Brian Sprowl from the title of Sheriff’s Officer, Gloucester County, to the title of Police Officer, City of Bridgeton.

ACTION: The Merit System Board granted the request, with the exception of Jules Mairoano, which was withdrawn.

B-113 EARLY SETTLEMENTS

Geneva Blake
Judiciary
Essex County
Removal

Vilma Celera
Montclair State University
Suspension

Keith King
Newark School District
Removal

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, June 9, 2004 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

______________________________
IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD

 

 
 
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