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

 

 [Printable PDF Format] 

 

 

Robert M. Czech, Chairperson

Robert E. Brenner

Richard E. Williams

 

 

April 18, 2012

 

 

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     A regular meeting of the Civil Service Commission was held on Wednesday, April 18, 2012, in Trenton, New Jersey.

 

            PRESENT: Robert M. Czech, Chairperson, Members Robert E. Brenner and Richard E. Williams; Pamela Ullman, Deputy Attorney General; Henry Maurer, Director, Division of Merit System Practices and Labor Relations.

 

            In accordance with L.1975, c.231, the Secretary to the Civil Service Commission 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 28, 2011, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.

 

     All actions were by unanimous vote unless otherwise specified.

 

DISMISSAL FOR FAILURE TO APPEAR

 

The Civil Service Commission dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:

 

Amanda Builes, Human Services Assistant, Hunterdon Developmental Center, Department of Human Services, return to permanent title at the end of the working test period.

 

Maude Caprice, et al., Teacher's Aide, Newark School District, layoffs.

 

Dena Cooper, Human Services Technician, Greystone Park Psychiatric Hospital, Department of Human Services, removals (4).

 

Roderick Jordan, Jr., Human Services Assistant, Hunterdon Developmental Center, Department of Human Services, return to permanent title at the end of the working test period.

 

James Ricks, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal and resignation not in good standing.

 

Richard Slamiak, Pumping Station Attendant, Passaic Valley Water Commission, suspension.

 

WITHDRAWAL OF APPEALS

 

The following appeals were withdrawn and removed from the hearing calendar:

 

Steve Allocco, et al, Jackson Township 2010 Temporary layoffs.

 

Arnold Borrero, Police Officer, City of Newark, Police Department, suspension.

 

Danilo Cabrera, et al., City of Hoboken, Department of Public Safety, layoffs.

 

Brendan Dullaghan, Police Sergeant, Township of Belleville, Police Department, suspension and demotion.

 

Soto Eloino, Police Sergeant, City of Newark, Police Department, removal.

 

William Fields, III, et al., Police Officers, Mount Holly Township, layoffs.

 

Sanford Frasier, Motor Vehicle Operator Elderly and Handicapped Persons, Passaic County, Department of Senior Disability Veterans' Affairs, suspensions (2).

 

Robert Hazelton, Chief License Inspector, City of Atlantic City, Department of License and Inspection, suspension and demotion.

 

Virgilette Joseph, Human Services Assistant, Hunterdon Developmental Center, Department of Human Services, release at the end of the working test period.

 

Erick Melgar, Senior Correction Officer, Edna Mahan Correctional Facility for Women, Department of Corrections, removal.

 

Latasha Merritt, Police Officer, City of Newark, Police Department, removal.

 

Cherice Nicholson, Senior Correction Officer, Albert C. Wagner Youth Correctional Facility, Department of Corrections, suspension.

 

Peter Recigno, County Correction Officer, Burlington County, County Jail, suspension.

 

Rafael Rivera, Police Officer, City of Newark, Police Department, suspension.

 

Jared Stemetzki, Institutional Trade Instructor 2, Garden State Youth Correctional Facility, Department of Corrections, suspension.

 

 

SECTION A - HEARING MATTERS

 

A-1      SETTLEMENTS

 

In the Matter of Samuel Bello

Township of Pennsauken

Department of Public Safety

Suspension and Demotion

 

In the Matter of Jacqueline Grant

North Jersey Developmental Center

Department of Human Services

Removal

 

In the Matter of Daniel Gonzalez

Union City

Department of Public Safety

Suspension

 

In the Matter of Kirene Johnson

Hudson County

Department of Corrections

Suspension

 

In the Matter of Zena Thomas-Johnson

Union County

Department of Human Services

Demotion

 

In the Matter of Alyssa Lugg

Warren County

Department of Human Services

Suspension

 

In the Matter of Hector Rosado

City of Orange Township

Police Department

Removal

 

In the Matter of April Scott

Essex County

Department of Citizen Services

Release at the end of the working test period

 

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

 

ACTION:       The Civil Service Commission acknowledged the settlements.

 

A-2      ANNA MARIE CLARK, ET AL.

    

Anna Marie Clark and Lugene Sherman, Senior Clerk Typists, Gwendolyn Bethea, a Clerk Typist, and Sheila Everett, a Supervising Clerk Typist, Newark Housing Authority, appeal the good faith of their layoffs effective October 19, 2009, for reasons of economy and efficiency.

 

Recommendation of the Administrative Law Judge - Reverse the layoffs.

 

ACTION:       The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

 

 

A-3      KENNETH MCDOUGAL

 

Kenneth McDougal, Police Officer, City of Orange Township, Police Department, resignation not in good standing effective January 15, 2011, on the charge of job abandonment.

 

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

 

            ACTION:       The Civil Service Commission modified the recommendation of the Administrative Law Judge and imposed a 6 working day suspension.

 

A-4      NICHOLAS KRAMER

    

Nicholas Kramer, Police Officer, City of Jersey City, Police Department, 159-day suspension on the charge of inability to perform duties.

 

Recommendation of the Administrative Law Judge - Modify the 159-day suspension to a leave of absence without pay.

 

ACTION:       The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

 

A-5      PATRICK PANELLA AND JEREMY BERENGER

 

Patrick Panella and Jeremy Berenger, County Correction Officers, Monmouth County, Department of Corrections and Youth Services, 10 working day suspensions on charges of neglect of duty, other sufficient cause and violation of rules and regulations regarding code of ethics.

 

Recommendation of the Administrative Law Judge - Uphold the 10 working day suspensions.

 

ACTION:       The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

VOTE:           Robert M. Czech         (Abstained)

                        Robert E. Brenner    (Yes)

                        Richard E. Williams  (Yes)

 

A-6      VINCENT RIOTTO

    

Vincent Riotto, Police Lieutenant, City of Hackensack, Police Department, demotion to the position of Police Sergeant effective December 17, 2010, on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty, other sufficient cause and violation of Police Department regulations.

 

Recommendation of the Administrative Law Judge - Uphold the demotion to the position of Police Sergeant.

 

ACTION:       The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

 

A-7      ROLAN CARTER

 

Rolan Carter, Police Officer, City of Camden, Police Department, five removals effective June 25, 2009, on charges of insubordination, chronic or excessive absenteeism, conduct unbecoming a public employee, violations of rules and regulations and other sufficient cause.

 

Recommendation of the Administrative Law Judge - Uphold the removals.

 

ACTION:       The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

 

A-8      YENNY GONZALES

    

Yenny Gonzales, Site Manager Nutrition Program, Morris County, Department of Human Services, removal, effective January 27, 2010, on charges of conduct unbecoming a public employee, misuse of public property 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.

VOTE:           Robert M. Czech          (Abstained)

                        Robert E. Brenner    (Yes)

                        Richard E. Williams  (Yes)

 

A-9      CHRISTOPHER MERCARDO

 

Christopher Mercardo, Senior Correction Officer, South Woods State Prison, Department of Corrections, 15 working day suspension and a removal effective July 11, 2011, on charges of chronic or excessive absenteeism or lateness and unsatisfactory attendance.

 

Recommendation of the Administrative Law Judge - Reverse the 15 working day suspension and modify the removal to a 90 working day suspension.

 

            ACTION:       The Civil Service Commission modified the recommendation of the Administrative Law Judge and upheld the 15 working day suspension and modified the removal to a 90 working day suspension.

 

A-10    MICHAEL ROBINSON, JR.

 

Michael Robinson, Jr., Human Services Assistant, Woodbine Developmental Center, Department of Human Services, removal effective May 9, 2010, on charges of neglect of duty, conduct unbecoming a public employee and violation of a rule, regulation, policy, procedure, order or administrative decision.

 

Recommendation of the Administrative Law Judge - Grant the appointing authority's motion for summary decision and uphold the removal.

 

ACTION:       The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

 

A-11    GLENN SEELER

 

Glenn Seeler, Human Services Assistant, Woodbine Developmental Center, Department of Human Services, removal effective August 2, 2011, on charges of conduct unbecoming a public employee, other sufficient cause, physical or mental abuse of a patient, client, resident or employee and neglect of duty.

 

Recommendation of the Administrative Law Judge - Grant the appointing authority's motion for summary decision and uphold the removal.

 

ACTION:       The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

 

A-12    TANYA SIMMONS

 

Tanya Simmons, Human Services Assistant, Woodbridge Developmental Center, Department of Human Services, three removals effective September 22, 23, and 24, 2011, on charges of unreasonable excuse for lateness more than fifteen minutes, and chronic and excessive absenteeism.

 

Recommendation of the Administrative Law Judge - Uphold the removals.

 

ACTION:       The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

 

A-13    JOSE VALENTIN

 

Jose Valentin, Senior Correction Officer, Adult Diagnostic and Treatment Center, Department of Corrections, removal effective March 9, 2011, on charges of other sufficient cause, conduct unbecoming a public employee, and violation of a rule, regulation, policy, order or administrative decision.

 

Recommendation of the Administrative Law Judge - Modify the removal to a six-month suspension.

 

            ACTION:       The Civil Service Commission modified the recommendation of the Administrative Law Judge and upheld the removal.

VOTE:           Robert M. Czech          (Yes)

                        Robert E. Brenner    (Yes)

                        Richard E. Williams  (No)

 

A-14    CATRINA WASHINGTON

 

Catrina Washington, Cottage Training Technician, New Lisbon Developmental Center, Department of Human Services, removal, effective November 24, 2008, on charges of physical abuse of a client, inappropriate physical contact or mistreatment of a client, neglect of duty, violation of a rule, regulation, policy, procedure, order or any administrative decision, conduct unbecoming a public employee 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.

 

 

SECTION B - MISCELLANEOUS MATTERS

 

B-1      The Department of Health and Senior Services, on behalf of local Women, Infants, and Children (WIC) agencies, requests the establishment of a new non-competitive title, WIC Peer Counselor. 

 

 

 

 

ACTION:       The Civil Service Commission directed that this request be granted.

 

B-2      RICHARD BATES

 

            Richard Bates 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 (S9999K) on the basis of medical unfitness to perform effectively the duties of the position.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-3      BRIAN GIMBERT

 

Brian Gimbert, represented by Michael A. Bukosky, Esq., appeals the removal of his name from the Fire Fighter (M2365H), City of Jersey City, eligible list due to his failure to meet the residency requirement.

 

ACTION:       The Civil Service Commission directed that this appeal be granted.

 

B-4      KENETTE JOHNSON

 

Kenette Johnson, represented by Andrew L. Watson, Esq., appeals the decision of the Division of State and Local Operations, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9999K), Department of Corrections, eligible list on the basis of falsification of her employment application.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-5      BARBARA BLAKE-MCLENNON

 

Barbara Blake-McLennon, a former Housing Assistance Technician with the City of Paterson, represented by Lisa M. Fittipaldi, Esq., petitions the Civil Service Commission for interim relief of her demotion and 30-day suspension.

 

ACTION:       The Civil Service Commission directed that this request be denied.

 

B-6      TERENCE GORDON

 

The City of Union City, represented by James Passantino, Esq., requests that Terence Gordon receive a retroactive date of appointment pursuant to a settlement agreement.

 

ACTION:       The Civil Service Commission directed that this request be granted.

 

B-7      WILLIAM P. HERRMANN, JR.

 

The Township of Parsippany-Troy Hills, represented by Frederic M. Knapp, Esq., on behalf of William P. Herrmann, Jr., requests that he be permitted to participate in the intergovernmental transfer program and to complete the remainder of his working test period as a Police Officer with Parsippany-Troy Hills.

 

ACTION:       The Civil Service Commission directed that this request be granted.

 

B-8      TAMBE ISHAK AND JERRY WEEKS

 

Union City, on behalf of Tambe Ishak and Jerry Weeks, requests that they be permitted to participate in the intergovernmental transfer program and to complete the remainder of their working test periods as Police Officers with Union City.

 

ACTION:       The Civil Service Commission directed that this appeal be granted.

 

B-9      RALPH H. BITTER III

 

            Ralph H. Bitter III appeals the decision of the Division of State and Local Operations that the proper classification of his position with the Department of Environmental Protection is Environmental Specialist 3.  The appellant seeks an Environmental Specialist 4 classification.

 

ACTION:       The Civil Service Commission directed that this appeal be granted in part.

 

B-10    CELIA D. CHEE-WAH

 

Celia D. Chee-Wah, represented by Joseph Novemsky, Staff Representative, Communications Workers of America, Local 1036, appeals the decision of the Division of State and Local Operations that the proper classification of her position with the Department of Environmental Protection is Program Development Specialist 1, Environmental Protection.  The appellant seeks a Supervising Program Development Specialist, Environmental Protection classification.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-11    FREDERICK FOY

 

Frederick Foy appeals the decision of the Division of State and Local Operations that the proper classification of his position with the Department of the Treasury is Supply Support Technician 1.  The appellant seeks a Storekeeper 1 classification.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-12    EMMY KEATING

 

Emmy Keating appeals the decision of the Division of State and Local Operations that the proper classification of her position with Gloucester Township is Clerk 3.  The appellant seeks an Administrative Clerk classification.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-13    CHANDRIKA NAIK

 

Chandrika Naik appeals the decision of the Division of State and Local Operations that the proper classification of her position with the Department of the Treasury is Auditor 2, Taxation.  The appellant seeks an Auditor 1, Taxation classification.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-14    MCKINLEY WILLIAMS

 

McKinley Williams, a Personnel Assistant 1 with the Department of Children and Families, appeals the determination of the Chief of Staff of the Department of Children and Families, stating that the appellant failed to present sufficient evidence to support a finding that he had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace.  The appellant also appeals the cancellation of the Employee Relations Coordinator (PS8572K) eligible list prior to its scheduled expiration date.

 

ACTION:       The Civil Service Commission directed that these appeals be denied.

 

B-15    ASSISTANT DIRECTOR OF ECONOMIC AND INDUSTRIAL DEVELOPMENT (M1685J), NEWARK

 

The Division of State and Local Operations petitions the Civil Service Commission for enforcement of the decision rendered on October 19, 2011, wherein the Commission ordered that Newark properly dispose of the April 12, 2010 certification (OL00455) of the eligible list for Assistant Director of Economic and Industrial Development (M1685J).

 

ACTION:       The Civil Service Commission ordered the City of Newark to properly dispose of the certification, comply with the Commission's previous order to immediately remove the provisional, and directed that the City of Newark be fined $10,000, in addition to $500 for compliance costs.

 

B-16    BIOLOGIST, MOSQUITO EXTERMINATION (C0921L), MONMOUTH COUNTY MOSQUITO EXTERMINATION COMMISSION

 

The Monmouth County Mosquito Extermination Commission requests permission not to make an appointment from the December 8, 2009 certification for Biologist, Mosquito Extermination (C0921L).

 

ACTION:       The Civil Service Commission granted the appointment waiver and assessed no selection costs.

VOTE:           Robert M. Czech         (Abstained)

                        Robert E. Brenner    (Yes)

                        Richard E. Williams  (Yes)

 

B-17    DEPARTMENT OF ENVIRONMENTAL PROTECTION PROMOTIONAL LISTS

 

The Department of Environmental Protection requests that the promotional lists for various levels of the Environmental Specialist and Environmental Engineer title services be revived to make permanent appointments from the lists.

 

ACTION:       The Civil Service Commission directed that this request be granted.

 

B-18    ALAN GATTO

 

            Alan Gatto requests reconsideration of the final administrative decision, rendered on November 2, 2011, which denied his appeal of his non-appointment to two non-competitive titles.

 

ACTION:       The Civil Service Commission directed that the request for reconsideration be denied.

VOTE:           Robert M. Czech         (Abstained)

                        Robert E. Brenner    (Yes)

                        Richard E. Williams  (Yes)

 

B-19    JUDICIARY SUPPORT STAFF BAND

 

            The Judiciary Council of Affiliated Unions (JCAU), represented by Richard A. Dann, Chair of the JCAU Executive Board, requests that the job specification for the Judiciary Support Staff Band (Clerical, Administrative and Courtroom Support Track) not be amended to reflect additional duties and requirements.

 

ACTION:       The Civil Service Commission directed that this request be denied, but the matter be remanded to the Division of State and Local Operations for further amendment to the job specification.

 

B-20    MARILYN BOYCE

 

            The appeal of Marilyn Boyce, a Human Services Assistant at Ancora Psychiatric Hospital, Department of Human Services, of her removals, effective January 6, 2010, on charges, was heard by Administrative Law Judge Edward J. Delanoy, Jr. (ALJ), who rendered his initial decision on March 5, 2012.  At its meeting on April 4, 2012, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation to modify the removals to a 90-day suspension and a 180 calendar day suspension.  Rather, the Commission modified the first removal to a 180 calendar day suspension and upheld the second removal.  The proposed final decision is now submitted for the Commission's review.

 

ACTION:       The Civil Service Commission adopted the final decision.

VOTE:           Robert M. Czech          (Yes)

                        Robert E. Brenner    (Abstained)

                        Richard E. Williams  (Yes)

 

B-21    THOMAS WHITLEY

 

            The appeal of Thomas Whitley, a Correction Lieutenant with Northern State Prison, Department of Corrections, of his removal, effective September 27, 2011, on charges, was heard by Administrative Law Judge Kimberly A. Moss (ALJ), who rendered her initial decision on February 27, 2012.  At its meeting on April 4, 2012, the Civil Service Commission (Commission) adopted the ALJ's recommendation to uphold the removal.  However, the Commission found it necessary to address the exceptions and cross-exceptions filed by the parties.  The proposed final decision is now submitted for the Commission's review.

 

ACTION:       The Civil Service Commission adopted the final decision.

VOTE:           Robert M. Czech          (Yes)

                        Robert E. Brenner    (Abstained)

                        Richard E. Williams  (Yes)

 

B-22    JAMES BROWER

 

James Brower 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 Chief Clerk (M2336M), Jersey City.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-23    YAZMIN CORTES

 

Yazmin Cortes appeals the determination of the Division of Selection Services that she did not meet the experience requirement for the promotional examination for Claims Examiner, Unemployment and Disability Insurance (PS3089N), Department of Labor and Workforce Development.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-24    ROBERT FINDURA

 

Robert Findura appeals the determination of the Division of Selection Services which found him ineligible for the promotional examination for Police Lieutenant (PM5012N), Butler.

 

ACTION:       The Civil Service Commission directed that this appeal be granted.

 

B-25    BERTHA FORD

 

Bertha Ford 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 Chief Clerk (M2336M), Jersey City.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-26    PATRICK GIALLELLA

 

Patrick Giallella appeals the decision of the Division of Selection Services which found that he was below the experience requirements for the promotional examination for Administrative Analyst 2 Data Processing (PS4011U), Department of the Treasury.

 

ACTION:       The Civil Service Commission directed that this appeal be granted.

 

B-27    ALBERTO HERNANDEZ

 

Alberto Hernandez appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, he did not meet the requirements for the open competitive examination for Employee Relations Officer (C2031N), Middlesex County.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-28    NIKOLAJ PROBOLA

 

Nikolaj Probola appeals the decision of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Engineering Technician 3 (PS3702T), Department of Transportation. 

 

ACTION:       The Civil Service Commission directed that this appeal be granted.

 

B-29    PAUL SHANNON

 

Paul Shannon appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Operator Sewage and Water Treatment Plants (PS4807K), Woodbine Developmental Center.

 

ACTION:       The Civil Service Commission directed that this appeal be denied.

 

B-30    MAUREEN TANSEY-HUGHES

 

Maureen Tansey-Hughes appeals the determination of the Division of Selection Services which found that she did not meet the experience requirement for the promotional examination for Environmental Compliance Investigator (PM0526N), City of Elizabeth.

 

ACTION:       The Civil Service Commission directed that this appeal be granted.

 

B-31    MARIO ALGIERI, ET AL.

 

Mario Algieri, Douglass Barber, Mark Delmonte, Krzysztof Krawiec and Heather Shivers request that they be permitted to submit applications after the closing date for the Entry Level Law Enforcement Examination (S9999M, S9988M, S0738M, S0739M and S0740M).

 

ACTION:       The Civil Service Commission directed that these requests be denied.

 

B-32    BRYAN FLANAGAN

 

Bryan Flanagan appeals the determination of the Division of Selection Services denying his request for a make-up examination for the Entry Level Law Enforcement Examination (S9999M).

 

ACTION:       The Civil Service Commission directed that this appeal be granted.

 

B-33    WILLIAM SINGLETON

 

William Singleton requests a make-up of the physical performance portion of the examination for Fire Fighter (M9999M).

 

ACTION:       The Civil Service Commission directed that this request be denied.

 

B-34    SEBASTIAN TINDLEY

 

Sebastian Tindley requests that he be permitted to review his answers to the Entry Level Law Enforcement Examination (S9999M).

 

ACTION:       The Civil Service Commission directed that this request be denied.

 

B-35    RECENT COURT DECISIONS

 

Submitted for the Civil Service Commission's review are summaries of recent court decisions involving Merit System Board and Civil Service Commission determinations.

 

ACTION:       The Civil Service Commission noted the decisions.

 

B-36    CIVIL SERVICE COMMISSION MINUTES

 

Submitted for adoption are the Civil Service Commission minutes of its meeting of April 4, 2012.

 

ACTION:       The Civil Service Commission adopted the minutes of its meeting of April 4, 2012.

VOTE:           Robert M. Czech          (Yes)

                        Robert E. Brenner    (Abstained)

                        Richard E. Williams  (Yes)

 

 

B-37    CHARLES RICHTER

 

In response to a motion filed by the Civil Service Commission, the Appellate Division, Superior Court of New Jersey, has remanded for reconsideration the appeal of Charles Richter, a former Laborer with the Borough of Milltown, represented by Kevin P. McGovern, Esq., regarding the decision rendered on November 23, 2010, where the Director of the Division of Merit System Practices and Labor Relations denied his request for a hearing with respect to his removal effective July 29, 2010.

 

ACTION:       The Civil Service Commission directed that this request for reconsideration be denied.

 

B-38    EDWARD HAAS

 

Edward Haas, a Deputy Attorney General 4 with the Office of the Attorney General, Department of Law and Public Safety, represented by Andrew L. Watson, Esq., appeals the determination of the Chief of Staff 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 violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace.

 

ACTION:       The Civil Service Commission directed that this appeal be denied, but the matter of the classification of the appellant's position be referred to the Division of State and Local Operations for review.

 

B-39    MELISSA FRATELLA

 

            The appeals of Melissa Fratella, a County Correction Officer with the Morris County Sheriff's Office, of her 180-day suspension, on charges, and of her removal effective December 10, 2010, on charges, were heard by Administrative Law Judge Barry E. Moscowitz (ALJ), who rendered his initial decision on February 29, 2012.  At its meeting on April 4, 2012, the Civil Service Commission did not adopt the ALJ's recommendation to reverse the 180-day suspension and modify the removal to a 90-day suspension.  Rather, the Commission upheld the appellant's 180-day suspension and removal.  The proposed final decision is now submitted for the Commission's review.

 

ACTION:       The Civil Service Commission adopted the final decision.

VOTE:           Robert M. Czech           (Yes)

                        Robert E. Brenner     (Abstained)

                        Richard E. Williams  (Yes)

 

B-40    SONYA MCKENZIE

 

The appeal of Sonya McKenzie, a Senior Correction Officer with East Jersey State Prison, Department of Corrections, of her removal, effective April 1, 2010, on charges, was before Acting Director and Chief Administrative Law Jude Laura Sanders (Chief ALJ), who rendered her initial decision on February 7, 2012.  At its meeting on April 4, 2012, the Civil Service Commission adopted the Chief ALJ's recommendation to uphold the appellant's removal.  However, the Commission found it necessary to address the exceptions and cross exceptions filed by the parties.  The proposed final decision in submitted for the Commission's review.

 

ACTION:       The Civil Service Commission adopted the final decision.

VOTE:           Robert M. Czech          (Yes)

                        Robert E. Brenner    (Abstained)

                        Richard E. Williams  (Yes)

 

B-41    SALARY REGULATIONS: FY 2012, SUPPLEMENT 2.

 

Submitted for the Civil Service Commission's review are the Salary Regulations for Fiscal Year 2012, Supplement 2.  The Salary Regulations pertain to eligibility for shift bonuses of employees in certain employee relations groups, and are based on an agreement between the State and the International Federation of Professional and Technical Engineers.  The Salary Regulations have been approved by Robert M. Czech, Chair/CEO, Civil Service Commission, and Charlene M. Holzbaur, Director, Office of Management and Budget.  It is recommended that the Commission record these Salary Regulations.

 

ACTION:       The Civil Service Commission recorded the regulations.

 

 

There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, May 2, 2012, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

 
 
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