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Hope L. Cooper, Chairperson
Flavella Branham
John Currie
Margaret E.L. Howard
A regular meeting of the Civil Service Commission was held on Wednesday, April 15, 2009, in Trenton, New Jersey.
PRESENT: Hope L. Cooper, Chairperson, Members Flavella Branham, John Currie and Margaret E. L. Howard; Pamela Ullman, Deputy Attorney General; Henry Maurer, Director, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, Hope L. Cooper, Chairperson, 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 November 17, 2008, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified.
At the conclusion of the agenda there was an opportunity for public comment. The following in attendance offered comment:
Tracey Hackett, Esq. commented on A-6 Richard Bell
David I. Fox, Esq., on behalf of the Firemen's Mutual Benevolent Association (FMBA) and Probation Association of New Jersey (PANJ); Paul Kleinbaum, Esq., on behalf of the Policemen's Benevolent Association (PBA), Hetty Rosenstein, Area Director, on behalf of the Communications Workers of America (CWA); William Lavin, President, FMBA; Anthony Wieners, President PBA; and Dominic Marino, President, Professional Firefighters Association of New Jersey, all commented on B-111 Emergency temporary layoff rule.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Brian Bonilla
Juvenile Justice Commission
Removal
In the Matter of Taia L. Carter
Middlesex County
Department of Youth Services
Removal
In the Matter of Germaine Chery
Ancora Psychiatric Hospital
Department of Human Services
Suspension
In the Matter of Frank M. Golz
Borough of Ringwood
Department of Public Works
Suspension
In the Matter of Efrain Gonzalez
Jersey City Public Schools
Release at the end of the working test period
In the Matter of Debra Hall
Burlington County
Jail
Suspension
In the Matter of Suzette Little
Northern State Prison
Department of Corrections
Suspension
In the Matter of Nikeelan Semmon
Trenton Psychiatric Hospital
Department of Human Services
Release at the end of the working test period
In the Matter of Leslie Upshur
Ancora Psychiatric Hospital
Department of Human Services
Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 JOHN J. DOWD, III
John J. Dowd, III, Road Inspector, Township of Parsippany, Department of Public Works, 60-day suspension, on charges of insubordination, conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge - Uphold the 60-day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-3 KENJUAN MACKLIN
Kenjuan Macklin, Youth Worker, Department of Children and Family Services, Department of Human Services, release at the end of the working test period effective January 29, 2008.
Recommendation of the Administrative Law Judge - Uphold the release at the end of the working test period.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-4 GERARD SLACK
Gerard Slack, Police Sergeant, Township of Voorhees, Department of Public Safety, 480-hour (equal to 60 days) suspension, on charges of insubordination, conduct unbecoming a public employee and neglect of duty.
Recommendation of the Administrative Law Judge - Modify the 480-day (equal to 60 days) suspension to a 10-day suspension.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to a 20-day (160 work hours) suspension.
A-5 WINSTON WEEKS
Winston Weeks, Custodial Worker, Newark School District, seven-day suspension, on charges of chronic or excessive absenteeism or lateness and other sufficient cause.
Recommendation of the Administrative Law Judge - Modify the seven-day suspension to a 20-day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-6 RICHARD BELL
Richard Bell, Police Officer, City of East Orange, Police Department, removal effective March 20, 2007, on charges of conduct unbecoming a public employee, neglect of duty, and violation of rules regarding false statements, performance of duty, and overtime/compensatory time.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-7 LAWRENCE BOLDEN
Lawrence Bolden, Truck Driver, Township of Willingboro, removal effective November 2, 2007, on charges of failure to perform duties, insubordination and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-8 TAMIKA BROWN
Tamika Brown, Cottage Training Technician, Woodbridge Developmental Center, removal effective April 1, 2008, on charges of being absent from work as scheduled without permission and without giving proper notice of intended absence.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-9 JANICE CLOYD
Janice Cloyd, Human Services Technician, Trenton Psychiatric Hospital, Department of Human Services, removal effective March 6, 2008, on charges of physical abuse of a patient, inappropriate physical contact and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-10 NICHOLAS EMELUMBA
Nicholas Emelumba, Chemist, Water Analysis, City of Trenton, Department of Public Works, removal effective November 30, 2007, on charges of violation of rules regarding residency and false statements.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-11 NICOLE PATE
Nicole Pate, Senior Medical Security Officer, Ann Klein Forensic Center, Department of Human Services, removal effective August 7, 2008, on charges of conviction of a crime, conduct unbecoming a public employee and violation of a policy.
Recommendation of the Administrative Law Judge - Dismiss the appeal as moot, pursuant to an Order of Forfeiture.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-12 ELINOR T. REED
Elinor T. Reed, Practical Nurse, Camden County, Department of Health Services, removal effective October 3, 2008, on charges of conduct unbecoming a public employee, neglect of duty and other sufficient cause.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-13 MATTHEW RICHARDS
Matthew Richards, Youth Worker, Mercer County, Department of Children and Families, removal effective September 12, 2002, on the charge of conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the charge and the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-14 ANDREW ROSS
Andrew Ross, Correction Sergeant, Riverfront State Prison, Department of Corrections, 10-working day suspension on charges of violation of Department of Corrections' policy prohibiting discrimination, harassment or hostile work environments and conduct unbecoming a public employee. This matter was held over from the October 8, 2008 meeting.
Recommendation of the Administrative Law Judge - Modify the 10-working day suspension to a six-working day suspension and award counsel fees in the amount of $800.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
SECTION B - MISCELLANEOUS MATTERS
B-1 DERICK BOWMAN
Derick Bowman appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit (S9999H) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-2 STANLEY E. KOLBE, JR.
Stanley E. Kolbe, Jr., represented by Michelle J. Douglass, Esq., appeals his rejection as a Fire Fighter candidate by Pleasantville and its request to remove his name from the eligible list for Fire Fighter (M2388H) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-3 SYLVESTER C. MARSHALL
Sylvester C. Marshall appeals his rejection as a Police Officer candidate by Lakewood Township and its request to remove his name from the eligible list for Police Officer (S9999F) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-4 KEVIN N. MILLER
Kevin N. Miller, represented by J. David Alcantara, Esq., appeals his rejection as a Sheriff's Officer candidate by Atlantic County and its request to remove his name from the eligible list for Sheriff's Officer (S9999H) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-5 MICHELLE ARANDUQUE
Michelle Aranduque, a Principal Physical Therapist with the Division of Developmental Disabilities, Department of Human Services, appeals the denial of additional sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-6 DARYL ARRINGTON
Daryl Arrington, a Correction Sergeant at Edna Mahan Correctional Facility for Women, Department of Corrections, represented by Frank Crivelli, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-7 MCDONALD BLAMO
McDonald Blamo, an Automotive Mechanic at the Department of Treasury, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-8 CHARLOTTE BYRD
Charlotte Byrd, a Field Service Supervisor 3 with the Department of Human Services, appeals the denial of additional sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-9 MARK DIXON
Mark Dixon, a Senior Correction Officer at South Woods State Prison, Department of Corrections, represented by Henry Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-10 LETICIA GARDNER
Leticia Gardner, a Senior Correction Officer at Northern State Prison, Department of Corrections, represented by Henry Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-11 YOLANDA GIFFORD
Yolanda Gifford, a Senior Cottage Training Technician with the Division of Developmental Disabilities, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-12 MARIE GUZMAN
Marie Guzman, a Senior Correction Officer at the Juvenile Justice Commission, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission referred the matter to the Medical Examiner Panel.
B-13 MARK HILLIARD
Mark Hilliard, a Senior Correction Officer at Southern State Correctional Facility, Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission referred the matter to the Medical Examiner Panel.
B-14 ANDREA JONES
Andrea Jones, a Cottage Training Technician with the Vineland Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-15 FREDERICK LASSITER
Frederick Lassiter, a Bridge Operator with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-16 JOHN H. LUNDBERG
John H. Lundberg, a former Bridge Operator with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-17 CAROLYN MACK
Carolyn Mack, a former Practical Nurse with Greystone Park Psychiatric Hospital, Department of Human Services, appeals the denial of continued sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-18 SAMUEL MCDONOUGH
Samuel McDonough, a Senior Correction Officer with the New Jersey State Prison, Department of Corrections, represented by Frank M. Crivelli, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-19 JOHN MCGINTY
John McGinty, a Correction Sergeant at the Edna Mahan Correctional Facility for Women, Department of Corrections, represented Frank Crivelli, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-20 BOYD MYERS
Boyd Myers, a Senior Correction Officer at South Woods State Prison, Department of Corrections, represented by Henry Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-21 BRITON RAMSEY
Briton Ramsey, an Emergency Service Patrol Operator with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-22 ANDREW WILLIAMS
Andrew Williams, a Senior Correction Officer at Albert C. Wagner Youth Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-23 THOMAS ANDERSON, ET AL.
The appointing authority requests that the eligible list for Truck Driver (PM1175T), Phillipsburg, be revived in order to effectuate the permanent appointments of Thomas Anderson, Steven A. Davis, Ronald Fauerbach, and Christopher H. Reed, effective February 2, 1997.
ACTION: The Civil Service Commission granted the request.
B-24 ANDREW BECK
Andrew Beck appeals the decision of the Division of State Human Resource Management which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Auditor Accountant Trainee (S0516H), Department of the Treasury eligible list, on the basis of his failure to respond to a notice of certification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-25 DANNY FARRELL
Danny Farrell appeals the determination of the Division of Selection Services that denied his admittance to the promotional examination for Battalion Fire Chief (PM3506L), Newark, due to a late application.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-26 KENNETH GAULETTE
Kenneth Gaulette, represented by Jeffrey G. Garrigan, Esq., appeals the removal of his name from the eligible list for Police Officer (S9999H), Newark, based on his unsatisfactory background report and failure to meet the residency requirements.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-27 RYAN HOLDEN
Ryan Holden appeals the removal of his name from the Police Officer (S9999H), Ocean City, eligible list, based on the falsification of his employment application and an unsatisfactory background report.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-28 JOHNETTA LOVE
Johnetta Love appeals the decision of the Division of State Human Resource Management which removed the appellant's name from the Supervising Family Service Specialist 2 (PS6051K), Department of Children and Families, eligible list due to the appellant's failure to respond to the notice of certification.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-29 EUSEBIO MOREIRA
Eusebio Moreira, represented by Julian Wilsey, Esq., appeals the removal of his name from the Fire Fighter (M2289E), Newark, eligible list due to an unsatisfactory employment record.
ACTION: The Civil Service Commission directed that this appeal be granted and the August 28, 2006 certification of the Fire Fighter (M2289E), Newark, eligible list be returned to the appointing authority for proper disposition.
B-30 KYAM WYATT
Kyam Wyatt appeals the determination of the Division of Local Human Resource Management which found that the appointing authority had presented a sufficient basis to remove his name from the open competitive list for Fire Fighter (M2289E), Newark, based on his unsatisfactory criminal record.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-31 KISHA FINGER
Kisha Finger, an Institutional Technician, Secured Facilities, at Southern State Correctional Facility, Department of Corrections (DOC), appeals the determination of the Director of the Equal Employment Division with the DOC, stating that the appellant had 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 in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-32 MARY GARRISON
Mary Garrison, a Clerk Typist at Thomas Edison State College, appeals the determination of the President of the College stating that, although she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace, no further action was warranted.
ACTION: The Civil Service Commission directed that this matter be remanded to the College for a reevaluation of the penalty imposed.
B-33 KATHERINE KLEMP
Katherine Klemp, a Sergeant with the State Police, Department of Law and Public Safety, represented by George T. Daggett, Esq., appeals the determination of the First Assistant Attorney General, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace. This matter was held over from the March 25, 2009 meeting.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-34 MARY ELLEN SHAW
Mary Ellen Shaw, a Secretarial Assistant 3, Non-Stenographic, with the Division of Developmental Disabilities, Department of Human Services, appeals the determination of the Chief of Staff, which found 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 in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-35 BUILDING MAINTENANCE WORKER/SECURITY GUARD (C0178K), PASSAIC COUNTY SHERIFF'S DEPARTMENT
The Passaic County Sheriff's Department requests permission not to make an appointment from the June 30, 2008 certification for Building Maintenance Worker/Security Guard (C0178K).
ACTION: The Civil Service Commission denied the request for an appointment waiver, ordered the appointing authority to remove the provisional appointee and properly dispose of the certification, and assessed compliance costs in the amount of $1,000.
VOTE: Hope L. Cooper (Yes)
Margaret E. L. Howard (Yes)
Flavella Branham (Yes)
John Currie (Abstained)
B-36 CASHIER (M7316G) AND (M1555J), CITY OF CAMDEN
The City of Camden requests permission not to make an appointment from the August 13, 2007 certification for Cashier (M7316G) and (M1555J).
ACTION: The Civil Service Commission granted the request for an appointment waiver and assessed no costs at this time.
B-37 COMPUTER OPERATOR (M6101J), PASSAIC VALLEY WATER COMMISSION
The Passaic Valley Water Commission requests permission not to make an appointment from the June 13, 2008 certification for Computer Operator (M6101J).
ACTION: The Civil Service Commission denied the request for an appointment waiver, and ordered the appointing authority to remove the provisional appointee, properly dispose of the certification, and assessed compliance costs in the amount of $1,000.
B-38 DEPUTY MUNICIPAL EMERGENCY MANAGEMENT COORDINATOR (M6442H) AND (M6119J), LAWRENCE TOWNSHIP
Lawrence Township requests permission not to make an appointment from the September 20, 2007 certification for Deputy Municipal Emergency Management Coordinator (M6442H) and (M6119J).
ACTION: The Civil Service Commission granted the request for an appointment waiver and assessed compliance costs in the amount of $2,048.
B-39 HUMAN SERVICES SPECIALIST 4 (PC0340H), OCEAN COUNTY BOARD OF SOCIAL SERVICES
The Ocean County Board of Social Services requests the extension of the eligible list for Human Services Specialist 4 (PC0340H).
ACTION: The Civil Service Commission granted the request in part.
B-40 POLICE SERGEANT (PM2579J), DEPTFORD
The matter of whether Deptford should be granted permission not to make an appointment from the July 29, 2008 certification for Police Sergeant (PM2579J) has been referred to the Civil Service Commission for review.
ACTION: The Civil Service Commission granted the request for an appointment waiver and assessed compliance costs in the amount of $1,114.
B-41 IRMA CHHARING
Irma Chharing requests a retroactive effective date of the reclassification of her position from Senior Field Representative, Housing Code Enforcement to Inspector 1, Multiple Dwellings.
ACTION: The Civil Service Commission denied the request.
B-42 FRANK FONESCA AND MANUEL GONZALEZ
Newark petitions the Civil Service Commission for retroactive permanent appointment dates as Fire Captains for Frank Fonesca and Manuel Gonzalez.
ACTION: The Civil Service Commission granted the petition.
B-43 ANGELA KLEIN
Angela Klein appeals the decision of the Division of State Human Resource Management that the proper classification of her position is Principal Clerk Typist. The appellant seeks a Head Clerk classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-44 ERNEST PARCESEPE
Ernest Parcesepe appeals the determination of the Division of State Human Resource Management that his position is properly classified as a Business Representative 2.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-45 SHANEEKA ROGERS
Shaneeka Rogers appeals the determination of the Division of State Human Resource Management that her position is properly classified as Senior Clerk Typist. Appellant seeks a Principal Clerk classification in this proceeding.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-46 JAMES CARIFI
James Carifi requests reconsideration of the final administrative determination in In the Matter of Michael Miceli, et al., Police Captain (MSB, decided January 30, 2008).
ACTION: The Civil Service Commission denied the request.
B-47 MICHAEL KELLY
Michael Kelly requests reconsideration of the final administrative determination in In the Matter of Edward Brady, et al., Police Lieutenant (MSB, decided January 30, 2008).
ACTION: The Civil Service Commission denied the request.
B-48 RICHARD MARRERO
Richard Marrero requests reconsideration of the final administrative determination in In the Matter of Juan Betancourth, et al., Police Sergeant (MSB, decided February 27, 2008).
ACTION: The Civil Service Commission denied the request.
B-49 SHARLENE PISNOY
Sharlene Pisnoy, represented by Jessica Shaw, Staff Representative, CWA Local 1040, petitions the Civil Service Commission for reconsideration of the final decision rendered on December 3, 2008, which found that her position was properly classified as a Community Service Aide.
ACTION: The Civil Service Commission denied the request.
B-50 JOSEPH REKULAK
Joseph Rekulak requests reconsideration of the final administrative determination in In the Matter of Gary Florio, et al., County Correction Sergeant (CSC, decided September 24, 2008).
ACTION: The Civil Service Commission denied the request.
VOTE: Hope L. Cooper (Yes)
Margaret E. L. Howard (Yes)
Flavella Branham (Abstained)
John Currie (Yes)
B-51 VANESSA AKBAR, ET AL.
Vanessa Akbar, Richard Carter, Edna Salas, and Matthew Tomasic, Software Development Specialists 1 with the Office of Information Technology, represented by Dudley Burdge, Senior Staff Representative, Communications Workers of America, Local 1032, seek enforcement of the June 23, 2008, July 11, 2008 and October 14, 2008 determinations of the Division of State Human Resource Management finding that the duties and responsibilities of their positions would be properly classified by the title Software Development Specialist 2.
ACTION: The Civil Service Commission granted the requests in part.
B-52 LUZETTA GOLDEN
Luzetta Golden, a County Correction Officer with the Burlington County Jail, represented by Mark W. Catanzaro, Esq., seeks enforcement of the Merit System Board decision rendered on December 5, 2007, granting her mitigated back pay, benefits and seniority.
ACTION: The Civil Service Commission awarded back pay in the amount of $12,615.89.
B-53 STEVEN GOLDSMITH AND ROSEMARY STECHER
Steven Goldsmith and Rosemary Stecher, Software Development Specialists 2 with the Office of Information Technology, represented by Dudley Burdge, Senior Staff Representative, Communications Workers of America, Local 1032, seek enforcement of the July 22, 2008 and November 5, 2008 determinations of the Division of State Human Resource Management finding that the duties and responsibilities of their positions would be properly classified by the title Software Development Specialist 3.
ACTION: The Civil Service Commission granted the requests in part.
B-54 KAREN JENKINS
Karen Jenkins, a Senior Correction Officer with South Woods State Prison, Department of Corrections, represented by William G. Blaney, Esq., seeks enforcement of the decision granting her back pay, benefits, and seniority.
ACTION: The Civil Service Commission directed that this appeal be granted in part.
B-55 MARK KLOSINSKI
Mark Klosinski, a Telecommunications Systems Analyst 3 with the Office of Information Technology, represented by Dudley Burdge, Senior Staff Representative, Communications Workers of America, Local 1032, seeks enforcement of the October 14, 2008 determination of the Division of State Human Resource Management finding that the duties and responsibilities of his position would be properly classified by the title Data Processing Systems Programmer 1, OIT.
ACTION: The Civil Service Commission granted the request in part.
B-56 LAYOFF OF JUVENILE DETENTION OFFICERS AND SENIOR JUVENILE DETENTION OFFICERS, PASSAIC COUNTY
The Communications Workers of America, Local 1032, represented by David A. Tango, Esq., requests relief from the Civil Service Commission regarding the April 10, 2009 layoff of Juvenile Detention Officers and Senior Juvenile Detention Officers with Passaic County.
ACTION: The Civil Service Commission denied the request.
VOTE: Hope L. Cooper (Yes)
Margaret E. L. Howard (Yes)
Flavella Branham (Yes)
John Currie (Abstained)
B-57 SANDRA SANTIAGO
Sandra Santiago, a Personnel Aide 2 with the Office of Information Technology, represented by Dudley Burdge, Senior Staff Representative, Communications Workers of America, Local 1032, seeks enforcement of the June 17, 2008 determination of the Division of State Human Resource Management finding that the duties and responsibilities of her position would be properly classified by the title Personnel Aide 1.
ACTION: The Civil Service Commission granted the request.
B-58 KENNETH RANKIN
The appeal of Kenneth Rankin, a Police Officer with the City of Newark, of his removal effective December 21, 2006 on charges, was considered by Administrative Law Judge Richard McGill who rendered his initial decision on August 19, 2008, recommending acknowledgement of the settlement of the parties.
ACTION: The Civil Service Commission directed that this matter be remanded to the Office of Administrative Law.
B-59 JOHN C. WELSH AND ROBERT VARCADIPANE
John C. Welsh, represented by Patrick Toscano, Jr., Esq., and the Passaic County Sheriff's Department, seek acknowledgement of the settlement agreements between Welsh and Robert Varcadipane and the Passaic County Sheriff's Department.
ACTION: The Civil Service Commission acknowledged the settlements and directed that they be implemented.
VOTE: Hope L. Cooper (Yes)
Margaret E. L. Howard (Yes)
Flavella Branham (Yes)
John Currie (Abstained)
B-60 TERRENCE CROWDER
Terrence Crowder, represented by James Katz, Esq., appeals the determination of the Division of Local Human Resource Management which found no basis to provide him with a retroactive permanent appointment date to Deputy Fire Chief, Camden.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-61 BRIAN DONAHUE
Brian Donahue, a former Police Officer with Lower Township, represented by David J. DeFillippo, Esq., requests that the Civil Service Commission immediately reinstate him to his position after a determination by the Police and Firemen's Retirement System (PFRS) that he is no longer disabled and is fit for duty.
ACTION: The Civil Service Commission denied the request.
B-62 DAMIEN JOHNSON
Damien Johnson, represented by Kevin P. McGovern, Esq., seeks Civil Service Commission resolution of a dispute concerning back pay and benefits due to him as a result of the modification of his removal to a three-month suspension.
ACTION: The Civil Service Commission granted $21,151.00 in back pay.
B-63 LOUIS P. TOSCANO
Louis P. Toscano, a former Data Processing Programmer 3 with the Department of the Treasury, appeals his May 17, 1985 resignation in good standing.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-64 CLAUDETTE DYE WRIGHT
Claudette Dye Wright, a Senior Juvenile Detention Officer with Union County, represented by Robert R. Cannan, Esq., requests a hearing regarding a 30-day suspension, a three-day suspension, two one-day suspensions and two official written reprimands.
ACTION: The Civil Service Commission granted the request in part.
B-65 MARGARET BAMIDELE
Margaret Bamidele, a former Human Services Technician with Greystone Park Psychiatric Hospital, Department of Human Services, represented by Joseph J. Bell, Esq., requests that the Civil Service Commission reinstate the appeal of her removal, which was dismissed based on her failure to appear at a scheduled settlement conference.
ACTION: The Civil Service Commission granted the request.
B-66 ERNEST GREGG, JR.
Ernest Gregg, Jr., an Identification Officer with Atlantic County, petitions for a stay of his removal, effective January 23, 2009, pending the outcome of his hearing at the Office of Administrative Law.
ACTION: The Civil Service Commission denied the petition.
B-67 COORDINATOR OF SOCIAL SERVICES (M1113H), TOWNSHIP OF TEANECK
The Township of Teaneck, represented by Avis Bishop-Thompson, Esq., requests reconsideration of the decision rendered on May 21, 2008 by the Merit System Board in In the Matter of Coordinator of Social Services (M1113H), Township of Teaneck, which denied its request for an appointment waiver and ordered it to properly dispose of the January 8, 2007 certification within 30 days.
ACTION: The Civil Service Commission granted the request in part.
B-68 LOUIS P. TOSCANO
Louis P. Toscano petitions for reconsideration of the decision, In the Matter of Louis P. Toscano (MSB, decided December 19, 2007), which upheld the bypasses of his name on and the removals of his name from various eligible lists.
ACTION: The Civil Service Commission denied the requests.
B-69 DANIEL THURSTON
Long Beach Township requests that the appointment of Daniel Thurston to the title of Equipment Operator be recorded as a regular appointment from a regular reemployment list.
ACTION: The Civil Service Commission granted the request.
B-70 JAMES BELLAMY
The appeal of James Bellamy, a Technical Assistant 3 with the Department of Children and Families, of his removal, effective January 6, 2004, on charges, was heard by Administrative Law Judge Patricia M. Kerins, who rendered her initial decision on October 17, 2008. At its meeting on March 25, 2009, the Civil Service Commission adopted the ALJ's recommendation to dismiss the charges and reverse the removal. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
B-71 ARTHUR KING
The appeal of Arthur King, a Custodial Worker with the Newark School District, of his removal, effective June 27, 2008, on charges, was heard by Administrative Law Judge Gail M. Cookson, who rendered her initial decision on February 18, 2009. At its meeting on March 25, 2009, the Civil Service Commission did not adopt the ALJ's recommendation to modify the removal to a six-month suspension. Rather, the Commission upheld the removal. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-72 YIN MATTEO
The appeal of Yin Matteo, a Cottage Training Technician with Hunterdon Developmental Center, Department of Human Services, of her removal, effective May 12, 2008, on charges, was heard by Administrative Law Judge Israel D. Dubin, who rendered his initial decision on February 27, 2009. At its meeting on March 25, 2009, the Civil Service Commission adopted the ALJ's recommendation to reverse the removal. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
B-73 HEIDI SCHUMACHER
The appeal of Heidi Schumacher, a Residential Living Specialist (Mental Health/Deaf Language Specialist) with Greystone Park Psychiatric Hospital, Department of Human Services, of her removal, effective April 18, 2007, on charges, was heard by Administrative Law Judge Joseph A. Paone, who rendered his initial decision on February 4, 2009. At its meeting on March 25, 2009, the Civil Service Commission adopted the ALJ's recommendation to reverse the removal. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
B-74 ESTELLE SMITH
The appeal of Estelle Smith, a Senior Correction Officer with the Garden State Youth Correctional Facility, Department of Corrections, of her removal, effective March 8, 2007, on charges, was heard by Administrative Law Judge Jeff S. Masin (ALJ), who rendered his initial decision on January 16, 2009. At its meeting on March 25, 2009, the Civil Service Commission did not adopt the ALJ's recommendation to reverse the removal. Rather, the Commission upheld the removal. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-75 DEBORAH ALWIN
Deborah Alwin appeals the determination of the Division of Selection Services which found that she was below minimum requirements for the qualifying examination for Administrative Secretary, Brick Township.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-76 EDWARD AMO-KRAH
Edward Amo-Krah appeals the determination of the Division of Selection Services that found that he did not meet the experience requirements for the open competitive examination for Social Worker Juvenile Rehabilitation (C1928J), Hudson County.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-77 THOMAS ANZABI, ET AL.
Thomas Anzabi, Kimberly Giddens, Baher Girgis, Kevin Henry, Sansevali Kimaresan, Shaenna Miller, James Sweet, and Priscilla Ukpah appeal the determinations of the Division of Selection Services which found that they were below the minimum requirements in education and/or experience for the promotional examination for Project Engineer, Planning (PS0536T), Department of Transportation.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-78 KEENA M. BAILEY AND MARVENE T. GOODIN
Keena M. Bailey and Marvene T. Goodin appeal the determinations of the Division of Selection Services which found that they did not meet the requirements for the open competitive examination for Office Services Manager (C1987J), Atlantic County.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-79 JAMES BERGAN
James Bergan appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Director of Welfare (PC0774K), Ocean County.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-80 YING-CHEN CHEN, ET AL.
Ying-Chen Chen, Ramakrishna Gunda, Michelle Nippins and Rosealenne Rynn appeal the determinations of the Division of Selection Services which found that they did not meet the requirements for the promotional examination for Administrative Analyst 2, Data Processing (PS5022I), Department of Corrections.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-81 HOWARD COHEN
Howard Cohen appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the Administrative Analyst 1 (PS7085H), Department of Health and Senior Services promotional examination.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-82 ANGEL CRUZ
Sheriff Juan M. Perez, on behalf of Angel Cruz, appeals the determination of the Division of Selection Services which found him ineligible for the promotional examination for Sheriff's Officer Sergeant (PC2671K), Hudson County due to an untimely application.
ACTION: The Civil Service Commission granted the request.
B-83 SUSANTA DATTA, ET AL.
Susanta Datta, Shaenna Miller, and Priscilla Ukpah appeal the determinations of the Division of Selection Services which found that they were below the minimum requirements in experience for the promotional examination for Project Engineer, Research (PS0537T), Department of Transportation.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-84 SUSANTA DATTA, ET AL.
Susanta Datta, Kimberly Giddens, Baher Girgis, Kevin Henry, Sudhir Joshi, and Sansevali Kumaresan appeal the determinations of the Division of Selection Services which found that they were below the minimum requirements in experience for the promotional examination for Project Engineer, Local Aid (PS0535T), Department of Transportation.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-85 SUSANTA DATTA, ET AL.
Susanta Datta, Swati Gandhi, Kimberly Giddens, Baher Girgis, Kevin Henry, Sudhir Joshi, Sansevali Kumaresan, Shaenna Miller, Nader Mortaja, and Priscilla Ukpah appeal the determinations of the Division of Selection Services which found that they were below the minimum requirements in experience for the promotional examination for Project Engineer, Surface Design (PS0538T), Department of Transportation.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-86 MARISOL DIAZ, ET AL.
Marisol Diaz, Gilberto Nieves, Rafik Tawfik and Renee Walker appeal the determinations of the Division of Selection Services which found that, per the substitution clause for education, Mr. Tawfik and Ms. Walker did not meet the experience requirements, and Ms. Diaz and Mr. Nieves did not meet the minimum experience requirements for the promotional examination for Administrative Analyst (PM0315K), Jersey City School District.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-87 BRYAN DICKERSON
Bryan Dickerson appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Archivist (PM1061J), Brick Township.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-88 MICHAEL DILLON
Michael Dillon appeals the determination 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 (PS9918G), Department of Environmental Protection.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-89 MEGHAN FARRELL
Meghan Farrell appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in education and experience for the open competitive examination for Director of Therapeutic Services (C2004K), Hudson County. This matter was held over the August 27, 2008 meeting.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-90 ANTHONY GRAVES
Anthony Graves 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 Administrative Analyst 4 (Data Processing) (PS5547K), Department of Human Services.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-91 MICHAEL GREENE
Michael Greene appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the open competitive examination for Director of Administration and Program Development (M0159K), Newark.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-92 ROBERT HARKINS
Robert Harkins appeals the determination of the Division of Selection Services that he did not meet the experience requirement for the promotional examination for Senior Environmental Specialist, Waste Management (PS9921G), Department of Environmental Protection.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-93 LINDA KLEMMER
Linda Klemmer appeals the determination of the Division of Selection Services that found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Program Development Specialist 2 (PS8851D), Department of Community Affairs.
ACTION: The Civil Service Commission directed that this appeal be denied and this matter be referred to the Division of State Human Resource Management to review the classification of the appellant's current position.
B-94 ADWOA KOON
Adwoa Koon appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the open competitive examination for Technical Assistant to the Construction Official (M0689K), Willingboro.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-95 MICHAEL KUCKER
Michael Kucker appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Supply Support Technician 2 (PS6324P), Department of Law and Public Safety.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-96 RODOLFO POLANCO
Rodolfo Polanco appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Mechanic, Non-Automotive (PS9956J), Kean University.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-97 ROBIN PRIGGEMEIER
Robin Priggemeier 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 Health Educator (PC1048K), Salem County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-98 ALBERT RUSSO
Albert Russo appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for the dual title of Data Processing Coordinator/Senior Accounting Procedures Analyst (PC0657J), Atlantic County.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-99 DOREEN SEDDON
Doreen Seddon 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 Secretary/Office Service Manager (PM0014J), Millville.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-100 DAVID TRIGGS
David Triggs appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for a prospective promotional examination for Supervising Environmental Specialist, Air Pollution Control, Department of Environmental Protection.
ACTION: The Civil Service Commission directed that this appeal be denied and this matter be referred to the Division of State Human Resource Management to review the appellant's classification.
B-101 MARY YORKE
Mary Yorke appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Supervising Administrative Analyst (PC0161K), Essex County.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-102 WILLI ZAHN
Willi Zahn appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the Chief Office of Licensing and Inspections (PS4954K), Department of Human Services promotional examination.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-103 ROBERT ARMENTO, ET AL.
Robert Armento (PM2574K), Asbury Park; Nicholas Breiner and Christopher Schwindt (PM2577K), Belleville; Michael Drew (PM2581K), Brick Township; William Obuchowski (PM2586K), Cinnaminson; Brian Van Wettering (PM2590K), Edgewater; Marc D'Armore (PM2591K), Elmwood; Joseph Dawicki, Anthony Ferreira and James Krizek (PM2592K), Fairlawn; Joseph Maimome (PM2597K), Hammonton; Shawn Broderick, Brian Davis, Michael DiSanto, Ian Gallagher, Tyrone Hickey, Corey Parson, Anthony Scalcione, Anthony Tedesco and Pawel Wojtowicz (PM2600K), Jersey City; Leroy Bibbs, Patrick Sawyer and Scott Traynor (PM2601K), Kearny; Joshua Bard (PM2611K), Long Branch; Edward Malia (PM2624K), Orange; Sean Farrell (PM2630K), Rutherford; Daniele Grasso (PM2633K), South Orange; Peter Papa (PM2634K), South Plainfield; Peitro DiGena (PM2638K), Union Township; Eric Del Vava (PM2646K), Winslow Township; and Michael Rakauckas, a make-up candidate for (PM2600J), Mount Laurel, appeal the written examination for Police Sergeant (various jurisdictions).
ACTION: The Civil Service Commission directed that these appeals be denied.
B-104 JOYCE ARCINIACO-KRUEGER
Joyce Arciniaco-Krueger appeals the test administration of the Management Test Battery, which was used for the promotional examination for Hearing Officer 4, State Parole Board (PS8888I), State Parole Board.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-105 DORIS BOYER
Doris Boyer appeals her score for the open competitive examination for Senior Training Technician (M1893K), Newark School District.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-106 CARINNE RIVERS
Carinne Rivers appeals her score on the promotional examination for Hearing Officer 4, State Parole Board (PS8888I), State Parole Board.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-107 SALVATORE GIGLIO
Salvatore Giglio appeals the decision of the Division of Selection Services denying his request for a make-up examination for County Correction Sergeant (PC2670J), Monmouth County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-108 JENNIFER SELMON
Jennifer Selmon appeals the denial of her request for a make up for the promotional examination for Principal Audit Account Clerk (PS8838K), Department of Children and Families.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-109 VERONICA DUGAN-JULIEN
The Department of Law and Public Safety, on behalf of Veronica Dugan-Julien, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit Ms. Dugan-Julien to donate more than 10 sick days to Barry Davis, who is participating in the donated leave program.
ACTION: The Civil Service Commission granted the request.
B-110 MIRIAM GONZALEZ
Miriam Gonzalez, a Clerk with the City of Passaic, appeals the decision of the City of Passaic which denied her request to participate in the donated leave program.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-111 EMERGENCY TEMPORARY LAYOFF RULE
The Policemen's Benevolent Association (PBA), represented by Paul L. Kleinbaum, Esq., the Firemen's Mutual Benevolent Association (FMBA), represented by David I. Fox, Esq., the Probation Association of New Jersey (PANJ), represented by David I. Fox, Esq., the Communications Workers of America (CWA), represented by Rosemarie Cipparulo, Esq., the American Federation of State, County, and Municipal Employees Council 73 (AFSCME), represented by Rosemarie Cipparulo, Esq., Camden Council No. 10, represented by James Katz, Esq., the N.J. AFL-CIO Judiciary Council of Affiliated Unions (JCAU), represented by David Grossman, Esq., and the Office and Professional Employees International Union, Local 32 (OPEIU), represented by David Grossman, Esq., petition the Civil Service Commission for a stay of the emergency rule authorizing temporary layoffs, which was adopted on March 25, 2009, pending the outcome of their appeals to the Superior Court, Appellate Division.
ACTION: The Civil Service Commission denied the petitions.
B-112 CIVIL SERVICE COMMISSION MINUTES
Submitted for adoption are the Civil Service Commission minutes of its meeting of March 25, 2009.
ACTION: The Civil Service Commission adopted the minutes of its meeting of March 25, 2009.
B-113 MARCIANA MELENDEZ
Marciana Melendez 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 Management Assistant (PS7240K), Ancora Psychiatric Hospital.
ACTION: The Civil Service Commission directed that this appeal be denied.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, April 29, 2009, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
_______________________________
Hope L. Cooper
Chairperson
Civil Service Commission
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