Civil Service Commission | Meeting Minutes of April 19, 2017

Robert M. Czech, Chairperson

Dolores Gorczyca

Daniel W. O’Mullan

April 19, 2017

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A regular meeting of the Civil Service Commission was held on Wednesday, April 19, 2017, in Trenton, New Jersey.

PRESENT: Robert M. Czech, Chairperson, Members Dolores Gorczyca and Daniel W. O’Mullan; Pamela Ullman, Deputy Attorney General; Christopher Myers, Director, Division of Appeals and Regulatory Affairs.

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, 2016, 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 case(s) without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:

Stephanie Carter-Green, Correction Sergeant, Southern State Correctional Facility, Department of Corrections, suspension.

ACTION: The Civil Service Commission noted the dismissal of the appeal without prejudice.

WITHDRAWAL OF APPEALS

The following appeal(s) were withdrawn and removed from the hearing calendar:

Andrew Barton, Sheriff’s Officer Sergeant, Atlantic County, Sheriff’s Department, suspension.

William Gaughan, Maintenance Repairer, Deptford Township, Municipal Utilities Authority, suspension.

Jose Reyes, Equipment Operator, Camden County, Department of Public Works, suspension.

Anthony Sciacovelli, Truck Driver Single Axle, Department of Transportation, suspension.

ACTION: The Civil Service Commission noted the withdrawal of the appeals without prejudice.

SECTION A – HEARING MATTERS

A-1 SETTLEMENTS

Judy Bellamy

Mercer County

Department of Corrections

Suspensions (Consolidated)

Wayne Bennett

Newark

School District

Suspension (Consolidated)

Vernon Boatman

Newark

School District

Suspension (Consolidated)

Terrance Harrison

Township of Clark

Department of Public Safety

Suspension

Jacqueline Herrera

Passaic County

Department of Public Safety

Suspension

David McAdoo

Atlantic County

Department of Public Safety

Removal

Hope Nelson

Rowan University

Release at end of working test period

Gilberto Reyes

Hudson County

Department of Corrections

Suspension

Ivan Rodriguez

Newark

Department of Water and Sewer

Removal

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

ACTION: The Civil Service Commission acknowledged the settlements.

A-2 ICYLIN ELLINGTON

Icylin Ellington, Family Service Worker, Essex County, Department of Citizen Services, release at the end of the working test period.

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-3 KENDRA HALL

Kendra Hall, Judiciary Clerk 4, Monmouth Vicinage, Judiciary, removal effective February 25, 2016, on charges of conduct unbecoming a public employee, neglect of duty, 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.

A-4 MARJORIE LONDREGAN

Marjorie Londregan, Graduate Nurse, Passaic County, Preakness Healthcare Center, removal effective January 15, 2015, on charges of chronic or excessive absenteeism and other sufficient cause.

Recommendation of the Administrative Law Judge – Dismiss the appeal for failure to appear.

ACTION: The Civil Service Commission directed that this matter be remanded to the Office of Administrative Law for a hearing.

A-5 PAUL SERDIUK

Paul Serdiuk, Personnel Assistant 2, Department of Military and Veterans Affairs, removal effective April 25, 2012, on charges of insubordination, 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.

A-6 LUIS DELEON (A written decision will be posted in this matter when the Civil Service Commission adopts the decision at a future meeting.)

Luis DeLeon, Sheriff’s Officer, Camden County Sheriff’s Department, removal effective July 22, 2016, on charges of conduct unbecoming a public employee and other sufficient cause.

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

SECTION B – MISCELLANEOUS MATTERS

B-1 Z.C. – CSC DOCKET NO. 2016-2334

Z.C. appeals his rejection as a County Correction Officer candidate by Camden County and its request to remove his name from the eligible list for County Correction Officer (S9999R) 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 GUADALUPE DAGAYDAY – CSC DOCKET NO. 2017-1298

Guadalupe Dagayday appeals the removal of her name from the special reemployment list for Director of Nursing Services 1, Developmental Disabilities (Special), Department of Human Services.

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

B-3 RUTH DIAZ – CSC DOCKET NO. 2017-2205

Ruth Diaz, represented by Nicholas J. Palma, Esq., appeals the determination of the decision of the Division of Agency Services that the proper classification of her position with the City of Clifton is Account Clerk.

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

B-4 CONOR JEFFERY – CSC DOCKET NO. 2017-974

Conor Jeffery, represented by Leonard C. Schiro, Esq., appeals the removal of his name from the eligible list for Correction Officer Recruit (S9988T), Department of Corrections, on the basis of an unsatisfactory criminal record.

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

B-5 ALFONSO PADILLA – CSC DOCKET NO. 2017-2361

Alfonso Padilla, represented by Jeffrey Berezny, Esq., requests additional relief regarding the removal of his name from the eligible list for Sheriff’s Officer (S9999R), Hudson County, on the basis of his failure to appear for pre-employment processing.

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

B-6 WAYNE KUBS – CSC DOCKET NO. 2015-1640

Wayne Kubs, represented by Catherine Elston, Esq., appeals the appointing authority’s request to remove his name from the eligible list for Police Officer (S9999R), Rutherford, on the basis of falsification of his employment application.

ACTION: The Civil Service Commission directed that this matter be remanded to the Office of Administrative Law for a hearing.

B-7 ABRAAM MELEIKA – CSC DOCKET NO. 2017-15

Abraam Meleika, represented by Michael L. Prigoff, Esq., appeals the decision of the appointing authority to remove his name from the County Correction Officer (S9999R), Hudson County eligible list on the basis of an unsatisfactory criminal background.

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

B-8 ROSEMARY LYNNE GASH – CSC DOCKET NO. 2017-821

Rosemary Lynne Gash appeals the decision of the Division of Agency Services which found that her position with the Office of Information Technology is correctly classified as Contract Administrator 2. The appellant seeks a Contract Administrator 3 job classification.

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

B-9 JEFFREY POLING – CSC DOCKET NO. 2017-1218

Jeffrey Poling appeals the decision of the Division of Agency Services which found that his position with the Department of Corrections is properly classified as a Senior Investigator Parole and Secured Facilities. The appellant seeks a Principal Investigator Parole and Secured Facilities job classification.

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

B-10 KAREN CONTI – CSC DOCKET NO. 2017-1710

Karen Conti appeals the decision of the Division of Agency Services which found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Administrative Analyst (PC1464U), Mercer County.

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

B-11 SHARON DICKERSON, ET AL. – CSC DOCKET NOS. 2017-1347,

ET AL.

Sharon Dickerson, Kayla Goldbeck and Kaila Myers appeal the determinations of the Division of Agency Services that they did not meet the experience requirement for the promotional examination for Nursing Services Clerk (S0431U), Statewide.

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

B-12 FRANK DINIZO – CSC DOCKET NO. 2017-1886

Frank Dinizo appeals the decision of the Division of Agency Services which found that he did not meet the experience requirements for the promotional examination for Supervisor of Building and Grounds (PM1548U), Scotch Plains.

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

B-13 HEIDI JONES – CSC DOCKET NO. 2017-1836

Heidi Jones appeals the determination of the Division of Agency Services that she did not meet the experience requirement for the promotional examination for Management Assistant (PS3145G), Department of Environmental Protection.

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

B-14 ANDRES LOMI – CSC DOCKET NO. 2017-2111

Andres Lomi appeals the determination of the Division of Agency Services which found that he did not meet the minimum experience requirements for the open-competitive examination for Senior Cost Estimator Property Improvement (M0617U), Trenton.

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

B-15 HOMMY NOA – CSC DOCKET NO. 2017-2125

Hommy Noa appeals the determination of the Division of Agency Services which found that, per the substitution clause for education, he did not meet the experience requirements for the open-competitive examination for Human Services Specialist 1 (C0775U), Passaic County.

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

B-16 HEATHER SHROPSHIRE – CSC DOCKET NO. 2017-1906

Heather Shropshire appeals the determination of the Division of Agency Services that she was below the minimum requirements in experience for the promotional examination for Quality Assurance Specialist Health Services (PS1439K), Division of Developmental Disabilities.

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

B-17 MIRIAN VARGAS – CSC DOCKET NO. 2017-2378

Mirian Vargas appeals the decision of the Division of Agency Services which found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Supervisor of Senior Citizen Actives (M0632U), Trenton.

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

B-18 ANDREW WHITE – CSC DOCKET NO. 2017-2370

Andrew White appeals the decision of the Division of Agency Services which found that per the substitution clause for education, he did not meet the experience requirements for the open competitive examination for Training Officer, Law Enforcement (C0476U), Passaic County.

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

B-19 BARRY LAFRANCO – CSC DOCKET NO. 2017-2352

Barry LaFranco appeals his score for the promotional examination for Supervising Examiner Unemployment Tax (PS3219N), Department of Labor and Workforce Development.

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

B-20 KEVIN POTTER, JR. – CSC DOCKET NO. 2016-1214

Kevin Potter, Jr., appeals his non-appointment to the noncompetitive title of Program Specialist Trainee, Department of Children and Families.

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

B-21 LUISA ALEXOPOULOS – CSC DOCKET NO. 2016-3741

Luisa Alexopoulos requests a retroactive date of permanent appointment to the title of Health Systems Specialist 2.

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

B-22 TIYANNA THOMAS – CSC DOCKET NO. 2017-1415

Tiyanna Thomas requests that her applications for the Correction Officer Recruit (S9988U) examination and the Entry Level Law Enforcement Examination (S9999U) be processed.

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

B-23 ROBERT FLYNN – CSC DOCKET NO. 2017-1488

Robert Flynn requests reconsideration of the final administrative determination in In the Matter of William Martin, et al., Police Sergeant (CSC, decided October 19, 2016).

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

B-24 JOSE DEJESUS – CSC DOCKET NO. 2015-2277

Jose DeJesus, a Senior Correction Officer with the Juvenile Justice Commission, represented by Colin M. Lynch, Esq., requests that the Civil Service Commission reinstate his appeal of his 45 working day suspension, which was dismissed based upon his failure to appear at a scheduled settlement conference.

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

B-25 H.F. – CSC DOCKET NO. 2017-1277

H.F., a contractor with the Department of Human Services, appeals the decision of the Assistant Commissioner, Human Resources, Human Services, which found that the appellant did not present sufficient evidence to support a finding that he 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-26 CIVIL SERVICE COMMISSION MINUTES

Submitted for adoption are the Civil Service Commission minutes of its meeting of April 5, 2017.

ACTION: The Civil Service Commission adopted the minutes of its meeting on April 5, 2017.

B-27 MARY JANE CHIACCHIO – 2017-435

Mary Jane Chiacchio appeals the decision of the Division of Agency Services that the proper classification of her position with the Department of Law and Public Safety is Personnel Assistant 1. The appellant seeks a Program Monitor, Americans with Disabilities Act job classification.

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

B-28 C.L. – CSC DOCKET NO. 2017-1586

C.L., a Police Sergeant Human Services, appeals the decision of the Assistant Commissioner, Human Resources, Department of Human Services, which found sufficient evidence to support a finding that he violated the New Jersey State Policy prohibiting Discrimination in the Workplace.

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

B-29 AIYONNAH GIBSON – CSC DOCKET NO. 2017-999

Aiyonnah Gibson appeals the removal of her name from the eligible list for Correction Officer Recruit (S9988T), Department of Corrections, on the basis that she falsified her preemployment application.

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

B-30 RASHONDA TINSLEY, ET AL. – CSC DOCKET NOS. 2017-2447, ET AL.

Rashonda Tinsley, Angelica Richardson, David Culbert, Dustin Wunschel, and Urshala Herald appeal their non-appointment from the Parole Officer Recruit (S0566R), Statewide, eligible list.

ACTION: The Civil Service Commission directed that these appeals be granted in part.

B-31 CRYSTAL CHARLEY – CSC DOCKET NO. 2017-3174

Crystal Charley appeals the determination of the Division of Agency Services which found that she was below the minimum requirements in experience for the promotional examination for Executive Assistant 3 (PS3883P), Juvenile Justice Commission.

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

B-32 KATIE GIRALDI AND BRIAN MCCOACH - CSC DOCKET NOS. 2017-3192 AND 2017-3193

Katie Giraldi and Brian McCoach appeal the determinations of the Division of Agency Services which found that they were below the minimum requirements in experience for the promotional examination for Administrative Analyst 3, Fiscal Management (PS3928U), Office of Information Technology.

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

B-33 KHIRY ALSTON – CSC DOCKET NO. 2017-1003

Khiry Alston appeals the removal of his name from the eligible list for Correction Officer Recruit (S9988R), Department of Corrections, on the basis of an unsatisfactory driving record.

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

B-34 NERMEEN BAKHOUM, ET AL. – CSC DOCKET NOS. 2017-1717, ET AL.

Nermeen Bakhoum, Militza Ramirez and Samuel Shields appeal the determinations of the Division of Agency Services that they did not meet the experience requirement for the promotional examination for Field Service Supervisor 3 Quality Control (PS1184K), Division of Medical Assistance and Health Services.

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

B-35 CHANGE IN CLASSIFICATIN PLAN – TITLE CREATION

This Division of Agency Services requests the creation of the Program Specialist, Occupational Environmental Health Code Enforcement title series.

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

B-36 JOSEPH HUTSEBAUT – CSC DOCKET NO. 2017-940

Joseph Hutsebaut, represented by Thomas J. Pisarri, Esq., appeals the removal of his name from the Correction Officer Recruit (S9988T), Department of Corrections, eligible list.

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

B-37 PROPOSED READOPTION WITH AMENDMENT: N.J.A.C. 4A:3, CLASSIFICATION AND COMPENSATION

Submitted for the Civil Service Commission’s review is a Notice of Adoption regarding N.J.A.C. 4A:3 (Classification and Compensation). The Commission proposed the rule chapter for readoption with amendments at its November 10, 2016 meeting. The proposal was published in the December 19, 2016 issue of the New Jersey Register. A public hearing was held on January 18, 2017. No comments were received regarding this proposal during the public comment period.

ACTION: The Civil Service Commission approved the proposed readoption without change.

B-38 ANGELO BROADBENT – CSC DOCKET NO. 2017-3120

Angelo Broadbent appeals the determination of the Division of Agency Services which found that, per the substitution clause for education, he was below the minimum requirements in experience for the promotional examination for Buyer (PS3801H), Department of Health.

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

There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, May 3, 2017, at 1:00 p.m., at 3 Station Plaza, Trenton, New Jersey.