A-6 DAVID ROSANT
David Rosant, Senior Correction Officer, Department of Corrections, removal effective May 16, 2002, on charges of conduct unbecoming a public employee and use, possession or sale of any controlled dangerous substance.
Recommendation of the Administrative Law JudgeUphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-7 DEBORAH SANTIAGO
Deborah Santiago, Judiciary Account Clerk 1, Judiciary, Essex Vicinage, removal effective May 21, 2002 and resignation not in good standing effective May 21, 2002, on charges of chronic or excessive absenteeism and job abandonment.
Recommendation of the Administrative Law JudgeUphold the removal and resignation not in good standing.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-8 WILLIAM WILMOUTH
William Wilmouth, Forest Fire Observer, Department of Environmental Protection, removal effective February 4, 2003, on charges of, inter alia, conduct unbecoming a public employee, violation of Department rules regarding work place violence polices and procedures, continual use of obscene language or gestures, actual or attempted and physical abuse.
Recommendation of the Administrative Law JudgeModify the removal to a six-month suspension.
ACTION: The Merit System Board directed that this matter be held over.
A-9 ALBERTA THOMAS-LAMPTEY
Alberta Thomas-Lamptey, a former Assistant District Parole Supervisor, New Jersey State Parole Board, appeals her return to her formerly held permanent title of Senior Parole Officer effective April 22, 2002.
This matter was previously presented to the Merit System Board at its regular meeting of April 7, 2004.
Recommendation of the Administrative Law Judge Uphold the return to formerly held permanent title.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
VOTE: Ida L. Castro (Yes)
Flavella Branhan (No)
John Currie (Yes)
Margaret E. L. Howard (Yes)
Robert J. Long (Yes)
A-10 MAXIMO NINAL, JR.
Maximo Ninal, Jr., Field Representative Housing, Department of Community Affairs, removal on charges of, inter alia, conduct unbecoming a public employee and falsification of work records. This matter is a consolidated case with the Public Employee Relations Commission (PERC).
Recommendation of the Administrative Law Judge Acknowledge the settlement.
ACTION: The Merit System Board acknowledged the settlement.
A-11 SETTLEMENTS
In the Matter of Patsy Leflore
New Jersey State Prison
Department of Corrections
Discrimination complaint
Gerard TarinoBorough of Pompton Lakes
Department of Public Works
Removal and fine
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements.
SECTION B MISCELLANEOUS MATTERS
B-1 MARJORIE BROWN
Marjorie Brown, a Clinical Specialist in Psychiatric Nursing at 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 granted.
B-2 CLAUDIA BUTLER-JULIG
Claudia Butler-Julig, an Institutional Trade Instructor 2, Cooking, at East Jersey State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-3 GEORGE D'ANDRADE
George D'Andrade, an Equipment Operator with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-4 MARLENE HEDDEN
Marlene Hedden, a Technical Assistant 2 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-5 SUSAN PIERSON
Susan Pierson, 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 in part.
B-6 DANIEL SPATARO
Daniel Spataro, an Information Technology Analyst 3 with the Judiciary, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-7 GILBERT VALENZUELA
Gilbert Valenzuela, a Cottage Training Technician with Hunterdon 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-8 MICHAEL CERVINO
Michael Cervino, represented by D. Gayle Loftis, Esq., appeals the decision of Human Resource Information Services which upheld the bypass of his name on the Police Sergeant (PM2528A), Jersey City eligible list.
ACTION: The Merit System Board directed that this appeal be denied.
B-9 STANLEY DIXON
Stanley Dixon appeals the removal of his name from the eligible list for County Correction Officer (S9999B), Passaic County, on the basis of making false statements of material facts on his preemployment application and for having an unsatisfactory background report.
ACTION: The Merit System Board directed that this appeal be denied.
B-10 FRANCISCO IBACETA
Francisco Ibaceta appeals the decision of Human Resource Information Services, which found that the Township of Hillside had presented a sufficient basis to remove his name from the Police Officer (S9999D) eligible list on the basis of falsification of his preemployment application.
ACTION: The Merit System Board directed that this appeal be denied.
B-11 DENNIS KRAMER
Dennis Kramer appeals from the determination of the Division of Human Resource Information Services (HRIS) which upheld his removal from the eligible list for Building Maintenance Services Specialist 4 (S6570C), Department of Environmental Protection, on the basis of his failure to respond to the certification notice.
ACTION: The Merit System Board directed that this appeal be granted.
B-12 TRAINING ASSISTANT, HUMAN SERVICES (S0118D), DEPARTMENT OF HUMAN SERVICES
The appointing authority requests permission not to make an appointment from the certification for Training Assistant, Human Services (S0118D), Department of Human Services.
ACTION: The Merit System Board granted the request for appointment waiver and directed that no selection costs be presently assessed.
B-13 PAUL BLISKO
Paul Blisko, a Correction Sergeant with the New Jersey State Prison, Department of Corrections (DOC), appeals the determination of the Acting Director of the 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 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-14 PAUL DEHOPE
Paul DeHope, Sergeant with the New Jersey State Police, Department of Law and Public Safety, appeals the determination of the Office of the Attorney General, 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 granted a hearing.
B-15 ROCHELLE ROSEN
Rochelle Rosen, a Permit Clerk with Marlboro Township, represented by Mandy R. Steele, Esq., requests enforcement of the decisions of the Merit System Board in In the Matter of Susan Donis and Rochelle Rosen (MSB, decided October 18, 1994); In the Matter of Susan Donis and Rochelle Rosen (MSB, decided January 14, 1997); and In the Matter of Rochelle Rosen (MSB, decided October 13, 1999).
ACTION: The Merit System Board denied the request.
B-16 KEVIN MULHOLLAND
Kevin Mulholland, a Police Officer with the Township of Morristown, represented by Shane DeLeon, Esq., petitions for interim relief of his immediate suspension, effective July 7, 2003. Since the petitioner has been returned to work, this matter will be treated as a request for back pay.
ACTION: The Merit System Board denied the request.
B-17 BRIAN ANDERSON
The County of Monmouth, represented by Robert J. Hrebek, Esq., petitions the Merit System Board for a determination regarding Brian Anderson’s entitlement to an award of back pay, pursuant to the August 12, 2003 decision of the Board. Anderson, represented by Charles J. Sciarra, Esq., requests a hearing on his October 17, 2001 removal.
ACTION: The Merit System Board granted a hearing regarding the merits of Anderson’s October 17, 2001 removal and denied back pay pursuant to the Board’s August 12, 2003 decision.
B-18 DEBORA U. BROWN
Debora U. Brown, an Assistant Secretary (Board/Commission) with the Alcoholic Beverage Control Board, City of Newark, represented by Daniel J. Zirrith, Esq., petitions the Merit System Board for back pay and counsel fees as a result of her immediate suspension, effective December 2, 2003.
ACTION: The Merit System Board granted the request.
B-19 CHARLES MOTLEY
The City of Newark, represented by Phillip Dowdell, Assistant Corporation Counsel, petitions the Merit System Board for reconsideration and a stay of the administrative decision, rendered on February 25, 2004, in which the Board reversed the removal of Charles Motley and awarded him back pay, benefits, seniority, and counsel fees.
ACTION: The Merit System Board denied the request for reconsideration.
B-20 MERLYN FRANCIS
The appeals of Merlyn Francis, a Principal Training Technician with the Department of Health and Senior Services of her: 1) resignation not in good standing effective March 29, 2001 on charges, and 2) removal effective March 29, 2001 on charges, were heard before Administrative Law Judge Douglas H. Hurd (ALJ), who rendered his initial decision on April 22, 2004, dismissing the appeals with prejudice. At its meeting on May 19, 2004, the Merit System Board modified the ALJ’s recommendation to dismiss the appeals without prejudice. The proposed final decision is now submitted for the Board’s review.
ACTION: The Merit System Board adopted the final decision.
B-21 RAYMOND HALLOCK
The appeal of Raymond Hallock, a Police Officer with the Township of Lakewood Police Department of His removal effective August 28, 2002, on charges, was heard by Administrative Law Judge Solomon A. Metzger (ALJ), who rendered his initial decision on April 19, 2004, at its meeting on May 19, 2004, the Merit System Board adopted the ALJ’s recommendation to uphold the removal. The proposed final decision is now submitted for the Board’s review.
ACTION: The Merit System Board adopted the final decision.
B-22 BRUCE NORMAN
The appeal of Bruce Norman, a Police Sergeant with the City of Asbury Park, of his removal effective June 21, 2002, on charges, was heard by Administrative Law Judge Douglas H. Hurd (ALJ), who rendered his initial decision n April 20, 2004. At its meeting on May 19, 2004, the Merit System Board adopted the ALJ’s recommendation to uphold the removal. The proposed final decision is now submitted for the Board’s review.
ACTION: The Merit System Board adopted the final decision.
B-23 FLEMICA PYGUM
The appeal of Flemica Pygum, a Human Services Assistant at Hunterdon Developmental Center, Department of Human Services, of her removal effective June 15, 2002, on charges, was heard by Administrative Law Judge Douglas H. Hurd (ALJ), who rendered his initial decision on January 12, 2004. At its meeting on May 19, 2004, the Merit System Board adopted the ALJ’s recommendation to reverse the removal. The proposed decision is now submitted for the Board’s review.
ACTION: The Merit System Board adopted the final decision.
B-24 MERRILL BERGER
Merrill Berger appeals the determination of the Division of Selection Services, which found that she failed to submit a required transcript or list of courses for the open completive examination for Administrator, Psychological Services (S9195E), Department of Human Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-25 JAMES CRAIG
James Craig appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the open competitive examination for Assistant Superintendent of Recreation (M0266D), Burlington County.
ACTION: The Merit System Board directed that this appeal be denied.
B-26 JOHN M. DE ANGELO
John M. DeAngelo appeals the decision of the Division of Selection Services, which found that he did not meet the education requirements for the open competitive examination for Senior Field Representative, Health Education (C0534E), Gloucester County.
ACTION: The Merit System Board directed that this appeal be denied.
B-27 EDWARD FREDERICK AND MAURICE GALLAGHER
Edward Frederick and Maurice Gallagher appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirement for the promotional examination for Sanitation Superintendent (PM0538E), Atlantic City.
ACTION: The Merit System Board directed that these appeals be denied.
B-28 VINCENT J. GIMMELLI
Vincent J. Gimmelli appeals the decision of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Data Processing Analyst 1, Higher Education (PS6973J).
ACTION: The Merit System Board directed that this appeal be granted.
B-29 WESLEY GUMB AND ALEX ZIENIUK
Wesley Gumb and Alex Zieniuk appeal the determination of the Division of Selection Services, which found that they were below the minimum requirements in experience for the open competitive examination for Truck Driver (C9594E), Burlington County.
ACTION: The Merit System Board directed that these appeals be denied.
B-30 JANET HAND
Janet Hand appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, she did not meet the minimum experience requirements for the promotional examination for Administrative Analyst 2 (PS5857K), Division of Developmental Disabilities.
ACTION: The Merit System Board directed that this appeal be granted.
B-31 PATRICIA HATFIELD
Patricia Hatfield 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 Inventory Control Specialist 2 (PS8234K), New Lisbon Developmental Center.
ACTION: The Merit System Board directed that this appeal be denied.
B-32 SUSETTE J. JACKSON
Susette J. Jackson 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 Management Specialist (PM0873D), Newark School District.
ACTION: The Merit System Board directed that this appeal be granted.
B-33 ROBERT MORRIS, JR.
Robert Morris, Jr., appeals the decision of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Truck Driver (PM0755E), Gloucester Township.
ACTION: The Merit System Board directed that this appeal be granted.
B-34 FRANCIS NUMBERS
Francis Numbers 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 Institutional Trade Instructor 2 (Cooking) (S6678E), Department of Corrections.
ACTION: The Merit System Board directed that this appeal be denied.
B-35 PATRICIA TUCKER
Patricia Tucker 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 (Developmental Disabilities) (PS7436K), Division of Developmental Disabilities.
ACTION: The Merit System Board directed that this appeal be granted.
B-36 BASHKIM VLASHI
Bashkim Vlashi appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the examination for Public Works Repairer (M6659C), Borough of Lincoln Park.
ACTION: The Merit System Board directed that this appeal be denied.
B-37 EUGENE ASKIN
Eugene Askin appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-38 JOSEPH BERENGUER
Joseph Berenguer appeals his score on the promotional examination for Chief, Employment and Training (PS4925N), Department of Labor.
ACTION: The Merit System Board directed that this appeal be denied.
B-39 HAMILTON BILLINGS
Hamilton Billings appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-40 LAWRENCE CRAWFORD
Lawrence Crawford appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-41 JOHN DIMINO
John Dimino appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-42 STEPHEN GUTKUS
Stephen Gutkus appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-43 EDWARD HUEBSCH
Edward Huebsch appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-44 JASON INGRAHAM
Jason Ingraham, represented by Daniel Zirrith, Esq., appeals his score for the written cognitive portion of the examination for Fire Fighter (M9999E). It is noted that the appellant failed this portion of the examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-45 BRETT KOESTER
Arnold Jabin, Esq., on behalf of Brett Koester, appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-46 ROBERT KWIATKOWSKI
Robert Kwiatkowski appeals his rank and score for the open competitive examination for School Bus Driver (M9773C), Brick Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-47 VINCENT MARCHESANI
Vincent Marchesani appeals his score on the promotional examination for Accountant 1 (PS6912U), Department of the Treasury.
ACTION: The Merit System Board directed that this appeal be denied.
B-48 JESUS MATOS, ET AL.
Jesus Matos, Ernest Noseda and Robin Pugh appeal the determination of the Division of Selection Services, which found that they were below the minimum requirements in experience for the open competitive examination for Institutional Trade Instructor 2 (Food Processing) (S6662E).
ACTION: The Merit System Board directed that these appeals be denied.
B-49 CHERYL A. MOSES
Cheryl A. Moses appeals her score on the promotional examination for Senior Clerk Typist (PC1955B), Essex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-50 KEVIN MUNDY
Kevin Mundy appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-51 DANIEL O’GORMAN AND FRANCIS PROSS
Daniel O’Gorman and Franics Pross appeal their scores for the open competitive examination for Construction Official (S9221E), Department of Community Affairs.
ACTION: The Merit System Board directed that these appeals be denied.
B-52 DOUGLAS OLSEN
Douglas Olsen appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-53 DAVID PASSERINI
David Passerini appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-54 RICHARD PERNELL
Richard Pernell appeals his score for the physical performance portion of the examination for Fire Fighter (M9999E).
ACTION: The Merit System Board directed that this appeal be denied.
B-55 JOHN SALUKA
John Saluka appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-56 JOHN STEVENS
Andrew Bolduc, Esq., on behalf of John Stevens, appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-57 DONALD WHITE
Donald White appeals his score on the promotional examination for Equipment Operator (PS3249T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-58 MICHAEL PENN
Michael Penn appeals the administration of the open competitive examination for Fire Fighter (M9999D).
ACTION: The Merit System Board directed that this appeal be denied.
B-59 SHARON BOOKER
Sharon Booker appeals the determination of the Division of Selection Services denying her request for a make up for the open competitive examination for Parole Officer Recruit (S2035E), State Parole Board.
ACTION: The Merit System Board directed that this appeal be denied.
B-60 COLM OWENS
Colm Owens appeals the decision of the Division of Selection Services denying his request for a make-up examination for Senior Income Maintenance Technician (S0131E), Department of Human Services.
ACTION: The Merit System Board directed that this appeal be granted.
B-61 CHRISTOPHER CONTI
Christopher Conti seeks a retroactive permanent appointment to the title of Correction Officer Recruit, Department of Corrections.
ACTION: The Merit System Board directed that this appeal be denied.
B-62 JORGE BATISTA, ET AL.
Jorge Batista, Walwyn Gordon, Wilfred Hector, Robert Laracuente, and Egbert Morris appeal the validity of the promotional examination for Equipment Operator (PS3249T), Department of Transportation.
ACTION: The Merit System Board directed that these appeals be denied.
B-63 JANET PARROTTA
Janet Parrotta petitions the Merit System Board for reconsideration of the final decision rendered on December 3, 2003, which upheld the determination that she did not meet the experience requirement for the promotional examination for Project Manager, Data Processing (PS1611K), Department of Human Services.
ACTION: The Merit System Board granted the request for reconsideration.
B-64 RYAN RIEDER
The Department of Agriculture, on behalf of Ryan Rieder, petitions the Merit System Board for reconsideration of the decision rendered on August 21, 2003, which found that she did not meet the experience requirements for the open competitive examination for Horticulturist (S0153E), Department of Agriculture.
ACTION: The Merit System Board granted the request.
B-65 LAW ENFORCEMENT EXAMINATION POOL (S9999D)
The Director of Selection Services requests that the Law Enforcement Examination pool (LEE) (S9999D) be extended for one year beyond its original expiration date or until the next LEE pool is established, whichever occurs first.
ACTION: The Merit System Board granted the request.
B-66 JANET VARAN
Janet Varan 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 Project Manager, Data Processing (PS6788H), Department of Health and Senior Services.
ACTION: The Merit System Board directed that this appeal be granted.
B-67 MERIT SYSTEM BOARD MINUTES
The minutes of the Merit System Board meeting of May 19, 2004 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes.
B-68 FRANK HOFFMAN
The appeal of Frank Hoffman, a former Correction Sergeant with the Hudson County Department of Corrections, of his removal, effective March 23, 2001, on charges, was heard by Administrative Law Judge Richard McGill (ALJ), who rendered his initial decision on March 11, 2004, upholding the removal. At its meeting on May 19, 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-69 ADRIENNE MARTIN
Adrienne Martin appeals her score on the promotional examination for Family Service Specialist 1 (PS4681K), Division of Youth and Family Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-70 EARLY SETTLEMENTS
Margie Alicea
Jersey City School District
Suspension
Marc Bonfiglio
Department of Environmental Protection
Removal
Maria Castro
Vineland Developmental Center
Department of Human Services
Suspension
Tracey Lupperger
County of Cumberland
Removal
Elizabeth Mills
County of Morris
Department of Long Term Care
Suspension
Tina Pierce
Vineland Developmental Center
Department of Human Services
Suspension and Removals (2)
ACTION: The Merit System Board acknowledged the settlements.
B-71 JOSEPHINE DI RIENZO
Submitted for the Merit System Board’s consideration is a proposed resolution honoring Josephine DiRienzo for her service on the Merit System Board.
ACTION: The Merit System Board adopted the resolution.
There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, June 23, 2004 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
______________________________
IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD
