Margaret E. L. Howard, Presiding
Flavella Branham
John Currie
Robert J. Long
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
2
JUNE 23, 2004
*******************************************************************
A regular meeting of the Merit System Board was held on
Wednesday, June 24, 2004, in Trenton, New Jersey.
PRESENT: Margaret E. L. Howard, Presiding Merit System Board
Member; Merit System Board Members, Flavella Branham, John Currie,
and Robert J. Long; Pamela Ullman, Deputy Attorney General; and
Elizabeth Napolitano, Acting Assistant Director, Division of Merit System
Practices and Labor Relations.
In accordance with L.1975, c.231, Presiding Board Member Margaret
E.L. Howard opened the meeting with the following statement:
Notice of this meeting was filed with the Secretary of State and sent
to the Trentonian, Trenton Times, Courier-Post and Star Ledger on
December 11, 2003, and posted at the Department of Personnel, 3 Station
Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
3
STATE
The Merit System Board recorded the recommended changes in the State Classification Plan,
copies of which are attached hereto and made a part hereof.
DATE:
April 29, 2004
TO:
Ida L. Castro, Commissioner
Department of Personnel
FROM:
Elizabeth Van Marter, Director
Human Resource Management
SUBJECT:
Change in the State Classification Plan
DEPARTMENT OF THE TREASURY AND GENERAL TITLES
The Department of the Treasury requests the creation of two new Trainee titles to
address workweek and compensation issues.
The Department of the Treasury employs auditors in both the office and the field,
each having multiple workweeks. Field staff are compensated at one range higher
than those working in the office. The Department requires the use of two new
Trainee titles to accommodate both types of assignment and workweeks.
ADDITION OF WORKWEEKS
Effective: 05/01/04
Auditor Accountant Trainee
P95-_____ Competitive * 35/12
Auditor Taxation Trainee
P95-_____ Competitive D 35/12
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
4
DATE:
April 22, 2004
TO:
Ida L. Castro, Commissioner
Department of Personnel
FROM:
Elizabeth Van Marter, Director
Human Resource Management
SUBJECT:
Change in the State Classification Plan
LAW AND PUBLIC SAFETY AND GENERAL TITLES
The Department of Law and Public Safety recently requested and received approval
for the establishment of several intermittent titles for the New Jersey Racing
Commission. These titles were required to classify staff performing inspection and
veterinary functions. The intermittent titles will be used in lieu of Temporary
Employment Service (TES) titles, which are restricted to a specific number of
working hours per fiscal year.
These titles were inadvertently assigned to the competitive division of the career
service. These titles should have been assigned to the non-competitive division of
the career service in accordance with Department regulations.
CORRECTION OF CLASS OF SERVICE
Effective: 01/24/04
FROM: TO:
Intermittent Veterinarian Intermittent Veterinarian
P26-_____ Competitive * NL/12 P26-_____ Non-Competitive *
NL/12
Intermittent Senior Veterinarian Intermittent Senior Veterinarian
P29-_____ Competitive * NL/12 P29-_____ Non-Competitive *
NL/12
Intermittent Inspector Animal Health Intermittent Inspector Animal Health
I11-_____ Unclassified C 35/12 I11-_____ Non-Competitive C
35/12
Intermittent Inspector 1, NJRC Intermittent Inspector 1, NJRC
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
5
R20-_____ Unclassified C 40/12 R20-_____ Non-Competitive C
40/12
Intermittent Inspector 2, NJRC Intermittent Inspector 2, NJRC
I16-_____ Unclassified C 40/12 I16-_____ Non-Competitive C
40/12
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
6
DATE:
May 4, 2004
TO:
Ida L. Castro, Commissioner
Department of Personnel
FROM:
Elizabeth Van Marter, Director
Human Resource Management
SUBJECT:
Change in the Classification Plan
GENERAL
The Office of Information Technology (OIT) requests the creation of a new,
Department-specific title series to consolidate the functions currently classified by
the Data Processing Programmer and Data Processing Analyst variant series
assigned to OIT. These variant titles formerly classified different functions; the
functions have evolved over the years to the extent that there are virtually no
distinctions between them. The new titles will be patterned after the existing series
to include the same class code and class of service as the existing levels. Two of the
new titles will be assigned different workweeks to coincide with the office work
schedule. OIT, Shared Services and Classification Staff have collaborated to develop
a series that accurately classifies the work of the incumbents.
OIT requests the lateral appointment of existing incumbents with retention of
existing status, since the new titles are the same class code. Some employees will
receive a one-range increase due to the difference in workweek. However, some of
the provisional incumbents may not meet the higher requirements for the new titles
to which they will be appointed. To avoid an adverse impact on those potentially
affected, we request that all current provisionals be permitted to sit for their
respective promotional exams regardless of whether they meet the new education
requirements. We further request that all incumbents to be appointed to the title of
Software Development Specialist 2 be considered eligible for the next promotional
examination for the title of Software Development Specialist 3, on a one-time basis,
regardless of whether they meet the new education requirement.
All variant titles assigned to OIT will be eliminated once the incumbents are
appointed to the new series. The appropriate negotiations representatives have
been notified and are in support of this request.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
7
ADDITION OF TITLES FOR CONSOLIDATION
Effective: 04/03/04
Software Development Specialist
Assistant
A17-_____ Non-Comp 35/12
Software Development Specialist 1
P21-_____ Non-Comp 3E/12
Software Development Specialist 3
R29-_____ Competitive NL/12
Software Development
Specialist 2
P26-_____ Competitive NL/12
Software Development
Specialist 4
P31-_____ Competitive NL/12
FROM:
Data Processing Programmer Assistant
A17-53271 Non-Comp * 35/12
TO:
Software Development
Specialist Assistant
A17-_____Non-Comp D 35/12
Data Processing Programmer 3
P21-53262 Non-Comp * 35/12
Software Development
Specialist 1
P21-______Non-Comp D 3E/12
Data Processing Analyst 2, OIT
P26-53244C Comp D NL/12
Data Processing Programmer 2, OIT
P25-53263C Comp D 35/12
Software Development
Specialist 2
P26-_____ Competitive NL/12
Software Development
Specialist 2
P26-_____ Competitive NL/12
Data Processing Programmer 1, OIT
R29-53264C Comp D NL/12
Data Processing Analyst 1, OIT
R29-53245C Comp D NL/12
Software Development
Specialist 3
R29- _____ Competitive D
NL/12
Software Development
Specialist 3
R29- _____ Competitive D
NL/12
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
8
ELIMINATION OF TITLES
Effective:
04/03/04
Data Processing Programmer 2, OIT
Data
P25-53263C Comp D 35/12
Data Processing Analyst 2, OIT
P26-53244C Comp D NL/12
Data Processing Programmer 1, OIT
R29-53264C Comp D NL/12
Data Processing Analyst 1, OIT
R29-53245C Comp D NL/12
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
9
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing
calendar:
Derrick Davis,
County Correction Officer, Department of Public Safety, County of
Essex, suspension.
Eloy Espinal,
Senior Correction Officer, East Jersey State Prison, Department of
Corrections, suspension.
James Oghoghome,
Senior Claims Adjudicator, Disability Determinations,
Department of Labor, suspension.
Kevin Rhoads,
Truck Driver, Highway Department, County of Monmouth,
suspension.
Arthur Rossky,
Auditor 3, Taxation, Department of Treasury, removal.
Edward Sallustro,
Laborer, Department of Public Works, Town of Kearny,
suspensions and two removals.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
10
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Maurice Barnard
Newark School District
Removal
In the Matter of Laurence Berman
County of Union
Department of Human Services
Resignation not in good standing
In the Matter of Michael Dalia
Township of Woodbridge
Police Department
Suspension
In the Matter of Skyler T. Davies
Greystone Park Psychiatric Hospital
Department of Human Services
Release at the end of the working test period
In the Matter of Dr. Russel E. Greco, Jr.
City of Newark
Police Department
Removals (10)
In the Matter of Debra Hall
County of Burlington
Burlington Jail
Suspension
In the Matter of Alfred Harris
Central Reception and Assignment Facility
Department of Corrections
Suspensions (2)
In the Matter of Thomas Himes
Judiciary Vicinage
Gloucester County
Suspension
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
11
In the Matter of Maria Meredith
County of Ocean
Department of Corrections
Release at the end of the working test period
In the Matter of Sean Pringle
Borough of Belmar
Department of Public Safety
Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE
ABOVE CASES - SETTLEMENT
ACTION:
The Merit System Board acknowledged the settlements.
A-2 LEO BENDE
Leo Bende, County Correction Officer, County of Burlington, County Jail, 20-
day suspension on charges of incompetency, inefficiency or failure to perform
duties, neglect of duty and other sufficient cause.
Recommendation of the Administrative Law Judge - Uphold the 20-day
suspension.
ACTION:
The Merit System Board affirmed the recommendation of the
Administrative Law Judge.
A-3 RICHARD PALUMBO
Richard Palumbo, a Sergeant First Class with the Division of State Police,
Department of Law and Public Safety appeals the determination of the
Attorney General stating that he failed to present sufficient evidence to
support a finding that he had been subjected to a violation of the New Jersey
State Policy Prohibiting Discrimination, Harassment or Hostile
Environments in the Workplace. It is noted that at the time of the complaint
the appellant was promoted to the title of Sergeant First Class effective July
3, 1999.
Recommendation of the Administrative Law Judge - Deny the appeal.
ACTION:
The Merit System Board affirmed the recommendation of the
Administrative Law Judge.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
12
A-4 MARY E. CORNISH
Mary E. Cornish, Cottage Training Technician, Woodbine Developmental
Center, Department of Human Services, removal effective December 13,
2002, on the charge of physical abuse of a client.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION:
The Merit System Board affirmed the recommendation of the
Administrative Law Judge.
A-5 SIDNEY S. GOFFNEY
Sidney S. Goffney, Police Officer, City of Camden, removal effective October
10, 2001, on charges of violation of the rules and regulations of the Camden
City Police Department and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION:
The Merit System Board affirmed the recommendation of the
Administrative Law Judge.
A-6 BRETT HAUSER
Brett Hauser, Senior Correction Officer, South Woods State Prison,
Department of Corrections, two removals effective March 25, 2003, on
charges of conduct unbecoming a public employee and insubordination.
Recommendation of the Administrative Law Judge - Uphold the two
removals.
ACTION:
The Merit System Board affirmed the recommendation of the
Administrative Law Judge.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
13
A-7 JOSEPH LANIER, JR
Joseph Lanier, Police Officer, Police Department, 173-day suspension and
removal effective March 22, 2001, on the charge of being unfit for duty.
Recommendation of the Administrative Law Judge - Uphold the removal. It
is noted that although the ALJ upheld the charge, she made no discrete
finding with regard to the penalty of the 173-day suspension.
ACTION:
The Merit System Board affirmed the recommendation of the
Administrative Law Judge.
A-8 MATTHEW VASSAR
Matthew Vassar, Laborer, Township of Jackson, Department of Public
Works, removal effective September 3, 2002, on charges of chronic or
excessive absenteeism and neglect of duty.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION:
The Merit System Board affirmed the recommendation of the
Administrative Law Judge.
A-9 EUGENE VERDELL, JR.
Eugene Verdell, Jr., Residential Living Specialist, Department of Military
and Veterans Affairs, removal effective April 18, 2002, on charges of inability
to perform duties and performance.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION:
The Merit System Board directed that this matter be held over.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
14
A-10 IVORY WARD (REMAND)
Ivory Ward, Senior Youth Worker, Military and Veteran's Affairs, removal
effective February 9, 2001, on charges of contributing to an elopement or
escape and neglect of duty, loafing, idleness or willful failure to devote
attention to tasks which could result in danger to persons or property and
falsification.
Recommendation of the Administrative Law Judge - Modify the removal to a
six-month suspension.
ACTION:
The Merit System Board affirmed the recommendation of the
Administrative Law Judge.
SECTION B - MISCELLANEOUS MATTERS
B-1 TRACEY BURNS
Tracey Burns, represented by David J. DeFillippo, Esq., appeals her rejection
as Police Officer candidate by the Township of Woodbridge and its request to
remove her name from the eligible list for Police Officer (S9999D) on the
basis of psychological unfitness to perform effectively the duties of the
position.
ACTION:
The Merit System Board directed that this appeal be denied.
B-2 SERGIO CUNHA
Sergio Cunha, represented by Charles M. Grossman, Esq., appeals his
rejection as a Police Officer candidate by the City of Newark and its request
to remove his name from the eligible list for Police Officer (S9999A) on the
basis of psychological unfitness to perform effectively the duties of the
position.
ACTION:
The Merit System Board directed that this appeal be granted.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
15
B-3 JUSTIN DELANEY
Justin Delaney, represented by Sidney H. Lehmann, Esq., appeals his
rejection as a Police Officer candidate by Brick Township and its request to
remove his name from the eligible list for Police Officer (S9999B) on the basis
of psychological unfitness to perform effectively the duties of the position.
ACTION:
The Merit System Board directed that this appeal be granted.
B-4 JEFFREY L. JOHNSON
Jeffrey L. Johnson, represented by Robert R. Cannan, Esq., appeals his
rejection as Police Officer candidate by the Borough of Roselle and its request
to remove his name from the eligible list for Police Officer (S9999B) on the
basis of psychological unfitness to perform effectively the duties of the
position.
ACTION:
The Merit System Board directed that this appeal be denied.
B-5 NATHANIEL JOHNSON, III
Nathaniel Johnson, III, represented by Stephen Schnitzer, Esq., 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 (S9999D) on the basis of psychological unfitness to
perform effectively the duties of the position.
ACTION:
The Merit System Board referred the matter for an independent
psychological evaluation.
B-6 LONNIE LEMON
Lonnie Lemon, represented by Malee L. Wing, Esq., appeals his rejection as a
Police Officer candidate by the City of East Orange and its request to remove
his name from the eligible list for Police Officer (S9999D) on the basis of
psychological unfitness to perform effectively the duties of the position.
ACTION:
The Merit System Board directed that this appeal be denied.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
16
B-7 RICHARD A. MASELLI
Richard A. Maselli, represented by Thomas Vitolo, Esq., appeals his rejection
as a Police Officer candidate by the Township of Irvington and its request to
remove his name from the eligible list for Police Officer (S9999D) on the basis
of psychological unfitness to perform effectively the duties of the position.
ACTION:
The Merit System Board directed that this appeal be denied.
B-8 JOHN C. MOLNAR
John C. Molnar, represented by John J. Marinan, Esq., appeals his rejection
as a Sheriff's Officer candidate by the County of Monmouth and its request to
remove his name from the eligible list for Sheriff's Officer (S9999D) on the
basis of psychological unfitness to perform effectively the duties of the
position.
ACTION:
The Merit System Board directed that this appeal be denied.
B-9 MICHAEL A. COLEMAN
Michael A. Coleman, a Senior Correction Officer with the Garden State
Reception and Youth Correctional Facility, Department of Corrections,
appeals the denial of sick leave injury (SLI) benefits.
ACTION:
The Merit System Board directed that this appeal be granted in
part.
B-10 DOROTHY FLOWERS
Dorothy Flowers, a Program Technician with the Department of the
Treasury, appeals the denial of sick leave injury (SLI) benefits.
ACTION:
The Merit System Board directed that this appeal be granted in
part.
B-11 VICTOR KLIMA
Victor Klima, a Senior Correction Officer with East Jersey State Prison,
Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals
the denial of sick leave injury (SLI) benefits.
ACTION:
The Merit System Board directed that this appeal be denied.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
17
B-12 VIRGINIA LAVERY-HEIM
Virginia Lavery-Heim, a Senior Accident Record Reviewer with the
Department of Transportation, appeals the denial of sick leave injury (SLI)
benefits.
ACTION:
The Merit System Board directed that this appeal be denied.
B-13 MUHAMMAD ABDUL-RAHEEM
Muhammad Abdul-Raheem, represented by Andrew J. Schragger, Esq.,
appeals the decision of Human Resource Information Services which found
that the Juvenile Justice Commission had presented a sufficient basis to
remove the appellant's name from the Correction Officer Recruit, Juvenile
Justice (S9999D), Juvenile Justice Commission, eligible list due to an
unsatisfactory driving record.
ACTION:
The Merit System Board directed that this appeal be denied.
B-14 MARITZA CORTES
Maritza Cortes appeals the decision of Human Resource Information Systems
(HRIS) which removed her name from the eligible list for Police Officer
(S9999D), City of Camden, due to the appellant's failure to appear for her
interview.
ACTION:
The Merit System Board directed that this appeal be granted.
B-15 GILBERT EWIN, JR.
Gilbert Ewin, Jr., appeals the decision of Human Resource Information
Services which upheld the removal of his name from the County Correction
Officer (S9999D), Atlantic County, eligible list due to the falsification of his
employment application.
ACTION:
The Merit System Board directed that this appeal be denied.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
18
B-16 KEVIN LEWIS
Kevin Lewis appeals the decision of Human Resource Information Services
(HRIS) which upheld the appointing authority's bypass of his name on a
certification of the Communications Operator (S0188E), Department of
Human Services, eligible list.
ACTION:
The Merit System Board directed that this appeal be denied.
B-17 WAYNE ROESCH
Wayne Roesch, a Police Officer with the City of Jersey City, represented by
George T. Taite, Esq., petitions the Merit System Board for interim relief in
relation to his immediate suspension commencing on October 28, 2002.
ACTION:
The Merit System Board denied the request for interim relief
but granted a hearing regarding the merits of the disciplinary
charges.
B-18 VICKI SUTTON
Vicki Sutton, a Senior Correction Officer at South Woods State Prison,
Department of Corrections, represented by John P. Morris, Esq., petitions the
Merit System Board for interim relief in relation to her indefinite suspension,
commencing on February 27, 2003, and her removal, effective December 6,
2003.
ACTION:
The Merit System Board denied the request for interim relief.
B-19 LEISHEL WOODS
Leishel Woods, a Family Service Specialist 2 with the Division of Youth and
Family Services, Department of Human Services, represented by Sharol
Richards, Staff Representative, CWA Local 1039, petitions the Merit System
Board (Board) for interim relief of her resignation not in good standing.
ACTION:
The Merit System Board denied the request for interim relief.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
19
B-20 NAEIL M. HAMDI
Naeil M. Hamdi, a Community Service Officer 3 with the Department of
Community Affairs (DCA) appeals the determination of the Commissioner of
Community Affairs, 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, Harassment or Hostile
Environments in the Workplace.
ACTION:
The Merit System Board directed that this appeal be denied.
B-21 CYNTHIA REDUS-TARCHIS
Cynthia Redus-Tarchis, a Supervising Family Service Specialist 2 with the
Division of Youth and Family Services, Department of Human Services
(DHS), appeals the determination of the Assistant Commissioner for Human
Resources, with the DHS, stating that the appellant failed to present
sufficient evidence to support a finding that she had been subjected to
violations of the New Jersey State Policy Prohibiting Discrimination,
Harassment or Hostile Environments in the Workplace.
ACTION:
The Merit System Board directed that this appeal be denied.
B-22 NORDICA THOMPSON
Nordica Thompson, a Family Service Specialist (FSS) 2 with the Division of
Youth and Family Services (DYFS), Department of Human Services (DHS),
appeals the determination of the Assistant Commissioner for Human
Resources stating that she had been subjected to violations of the New Jersey
State Policy Prohibiting Discrimination, Harassment or Hostile
Environments in the Workplace (State Policy).
ACTION:
The Merit System Board directed that this appeal be denied.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
20
B-23 LISA EASLEY
The appointing authority petitions the Merit System Board for
reconsideration of its decision rendered May 5, 2004, dismissing the appeals
of Lisa Easley based on her failure to appear for a scheduled prehearing
conference at the Office of Administrative Law.
ACTION:
The Merit System Board granted the request for reconsideration
and directed that the matter be transmitted to the Office of
Administrative Law for further proceedings.
B-24 JASON LUKASZEWSKI
Jason Lukaszewski, represented by William Toolen, PBA Local 105, requests
reconsideration of the final determination rendered by the Merit System
Board on May 5, 2004, withdrawing his appeal for a ten-day suspension.
ACTION:
The Merit System Board granted the request for reconsideration
B-25 JOHN CORRY SHORT
John Corry Short petitions the Merit System Board for reconsideration of its
decision rendered December 3, 2003, which denied the requests of John Corry
Short and William Costigan to revive the eligible list for Police Captain
(PM3559A), City of Jersey City, in order to effectuate their appointments.
ACTION:
The Merit System Board granted the request for reconsideration.
B-26 SENIOR LABORATORY TECHNICIAN (M1652C), CITY OF NEWARK
The City of Newark requests reconsideration of the decision rendered on
January 7, 2004 by the Merit System Board (Board) in In the Matter of Seniorwhich denied its request
Laboratory Technician (M1652C), City of Newark,
for an appointment waiver and ordered it to properly dispose of the
September 11, 2001 certification within 30 days.
ACTION:
The Merit System Board granted the request for reconsideration
in part.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
21
B-27 SHANE STREATER
The City of Camden, represented by Marc A. Riondino, Assistant City
Attorney, petitions the Merit System Board (Board) for reconsideration of its
decision rendered on January 28, 2004, which modified the removal of Shane
Streater. Shane Streater petitions the Board for enforcement of its January
28, 2004 decision.
ACTION:
The Merit System Board denied the request for reconsideration
and granted the request for enforcement.
B-28 ROBERT OSLE
The Superior Court of New Jersey, Appellate Division, has reversed the
suspension of Robert Osle and remanded the matter to the Merit System
Board for further proceedings consistent with its decision.
ACTION:
The Merit System Board acknowledged the Appellate Division
decision and awarded back pay and counsel fees.
B-29 PATRICK LAGUERRE
Patrick Laguerre requests a permanent appointment as a Police Officer with
the City of East Orange.
ACTION:
The Merit System Board granted the request in part.
B-30 LORENZO ZACKERY
Lorenzo Zackery, a Sheriff's Officer with Essex County, represented by
Anthony J. Fusco, Jr., Esq., petitions the Merit System Board for back pay,
benefits, and counsel fees in accordance with a Stipulation of Agreement.
ACTION:
The Merit System Board denied the request.
B-31 ANGELA WILLIAMS
Angela Williams, a Senior Correction Officer with the Department of
Corrections represented by Anthony J. Fusco, Jr., Esq., petitions the Merit
System Board for immediate reinstatement to her position, back pay, and
counsel fees.
ACTION:
The Merit System Board granted the request in part.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
22
B-32 SUSAN CONNOLLY, ET AL.
Susan Connolly, Donna Green, and Gail Gregg, represented by James K.
Wagoner, Staff Representative for CWA Local 1039, seek enforcement of the
decisions of the Division of Human Resource Management that the proper
classification of their positions is Secretarial Assistant 3, Non-Stenographic,
Principal Clerk Typist and Secretarial Assistant 3, respectively.
ACTION:
The Merit System Board acknowledged the settlement.
B-33 MICHAEL SEARLS
Michael Searls, represented by Daniel J. Zirrith, Esq., seeks enforcement of
the Merit System Board's decision in In the Matter of Patrick Grady and(decided
Michael Searls, Fire Fighter (M2160A), Township of Bloomfield
September 10, 2002).
ACTION:
The Merit System Board denied the request.
B-34 JOSEPH TREIBER
The Department of Transportation (DOT), represented by Wanda Y. Ortiz,
DAG, petitions the Merit System Board for a stay of the Board's decision,
rendered on February 25, 2004, in which the Board granted reconsideration,
modified the removal of Joseph Treiber to a six-month suspension, and
awarded modified back pay, benefits and seniority. Additionally, Joseph
Treiber, represented by Arnold Shep Cohen, Esq., petitions the Board
enforcement of that decision.
ACTION:
The Merit System Board denied the request for a stay and
granted the request for enforcement.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
23
B-35 ALBERTA THOMAS-LAMPTEY
Alberta Thomas-Lamptey, a former Assistant District Parole Supervisor with
the New Jersey State Parole Board, concerning her return to her former
permanent title at the end of her working test period, effective April 22, 2002,
was heard by Administrative Law Judge Steven C. Reback (ALJ), who
rendered his initial decision on February 23, 2004. At its meeting on June 9,
2004, the Merit System Board adopted the ALJ's recommendation to uphold
the appellant's return to her former permanent title. The proposed final
decision is now submitted for the Board's review.
ACTION:
The Merit System Board adopted the final decision.
VOTE: Flavella Branhan (No)
John Currie (Yes)
Margaret E. L. Howard (Yes)
Robert J. Long (Yes)
B-36 ROGER BORICHEWSKI
Roger Borichewski appeals the determination of the Division of Selection
Services which found that he did not meet the experience requirements for
the promotional examination for Administrator, Psychiatric Social Services
(PS5404K), Senator Garrett W. Hagedorn Center for Geriatrics.
ACTION:
The Merit System Board directed that this appeal be granted.
B-37 CHRYSTAL L. BROWN AND AMAINYUA N. PARKMAN
Chrystal L. Brown and Amainyua N. Parkman appeal the decisions of the
Division of Selection Services, which found that they did not meet the
experience requirements for the open competitive examination for Nursing
Services Clerk (S0183E).
ACTION:
The Merit System Board directed that these appeals be denied.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
24
B-38 KENNETH R. BUDDEN, ET AL.
Kenneth R. Budden, Milton Figueroa, Adam H. Hand and Christopher A.
Rose appeal the determinations of the Division of Selection Services which
found that they did not meet the experience requirements for the opencompetitive
examination for Engineer in Charge of Maintenance 2 (S6613D),
State of New Jersey.
ACTION:
The Merit System Board directed that these appeals be denied.
B-39 MARY BURKHEAD
Mary Burkhead appeals the determination of the Division of Selection
Services that she did not meet the education and experience requirements for
the promotional examination for Administrative Assistant 3 (PS6521H),
Department of Health and Senior Services.
ACTION:
The Merit System Board directed that this appeal be granted.
B-40 DORYS CANCEL
Dorys Cancel appeals the determination of the Division of Selection Services
that she did not meet the experience requirements for the open competitive
examination for Human Services Specialist 2, Bilingual English/Spanish
(C0363D), Middlesex County.
ACTION:
The Merit System Board directed that this appeal be denied.
B-41 ELLEN CHAUNCEY
Ellen Chauncey 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 Data Base Analyst 1
(S6666E).
ACTION:
The Merit System Board directed that this appeal be granted.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
25
B-42 THOMAS J. CLARK
Thomas J. Clark, a veteran, appeals the determination of the Division of
Selection Services that he did not meet the education and experience
requirements for the open competitive examination for Right of Way
Negotiator (S6736F), Department of Transportation.
ACTION:
The Merit System Board directed that this appeal be granted.
B-43 EDWARD B. COOK
Edward B. Cook appeals the decision of the Division of Selection Services
which found that he did not meet the experience requirements for the open
competitive examination for Counselor, Penal Institution (C0529E), Mercer
County.
ACTION:
The Merit System Board directed that this appeal be denied.
B-44 LINETTE DAVILA
Linette Davila appeals the decision of the Division of Selection Services
which found that she was below the minimum requirements in experience for
the promotional examination for Unemployment Insurance Clerk Bilingual in
Spanish & English (PS8664N), Department of Labor.
ACTION:
The Merit System Board directed that this appeal be denied.
B-45 JUDITH A. DESTRIBATS
Judith A. Destribats appeals the decision of the Division of Selection Services
which found that she did not meet the experience requirements for the
promotional examination for Senior Systems Analyst (PC0572E), Mercer
County.
ACTION:
The Merit System Board directed that this appeal be granted.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
26
B-46 GLENN DOUGLASS AND THOMAS LEWIS
Glenn Douglass and the Communications Workers of America Local 1040
(CWA), on behalf of Thomas Lewis appeal the determination of the Division
of Selection Services which found that, per the substitution clause for
education, they did not meet the experience requirements for the promotional
examination for Industrial Manager 2, State Use Industries ( PS7400I),
South Woods State Prison.
ACTION:
The Merit System Board directed that these appeals be denied.
B-47 SAUNDRA DRAYTON
Saundra Drayton appeals the decision of the Division of Selection Services
that found that appellant lacked the required amount of permanent status in
a title to which the examination was open for Municipal Court Administrator
(PM0805E), Newark.
ACTION:
The Merit System Board directed that this appeal be granted.
B-48 BARBARA FINNEGAN
Barbara Finnegan appeals the determination of the Division of Selection
Services that she did not meet the education and experience requirements for
the promotional examination for Clinical Psychologist 1 (Mental Health
Services) (PS7009T), Department of Human Services.
ACTION:
The Merit System Board directed that this appeal be granted.
B-49 SARA GIBBONS
Sara Gibbsons appeals the determination of the Division of Selection Services
which found that she did not indicate the required license or registration on
her application and that she was below the experience requirements for the
open competitive examination for Motor Vehicle Operator 1 (S6679E),
Department of Corrections.
ACTION:
The Merit System Board directed that this appeal be denied.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
27
B-50 ARLEEN GOLDA
Arleen Golda appeals the decision of the Division of Selection Services which
found that she did not meet the experience requirements for the promotional
examination for Supervising Clerk (PC1053E), Union County.
ACTION:
The Merit System Board directed that this appeal be granted.
B-51 CHRISTINE HAIRSTON
Christine Hairston appeals the determination of the Division of Selection
Services that she did not meet the requirements for the promotional
examination for Secretarial Assistant 2, Non-Stenographic (PS6196U),
Division of State Lottery, Department of the Treasury.
ACTION:
The Merit System Board directed that this appeal be granted.
B-52 VALERIE L. HICKS
Valerie L. Hicks appeals the decision of the Division of Selection Services
which found that she did not meet the experience requirements for the open
competitive examination for Technical Assistant to the Construction Official
(M0443E), Newark.
ACTION:
The Merit System Board directed that this appeal be denied.
B-53 SHERRI HINCHMAN
Sherri Hinchman appeals the determination of the Division of Selection
Services which found that, per the substitution clause for education, she was
below the minimum requirements in experience for the promotional
examination for Assistant Executive Director, Office of Aging (PC0610E),
Salem County.
ACTION:
The Merit System Board directed that this appeal be granted.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
28
B-54 MICHAEL J. HRBEK
Michael J. Hrbek appeals the decision 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 Director of
Purchasing (PM0786E), Middletown Township.
ACTION:
The Merit System Board directed that this appeal be denied.
B-55 FRANK A. JOHNSON
Frank A. Johnson appeals the decision of the Division of Selection Services
which found that he did not meet the experience requirements for the open
competitive examination for Public Safety Telecommunicator, State Police
(S0206E).
ACTION:
The Merit System Board directed that this appeal be denied.
B-56 KIM JOHNTRY
Kim Johntry appeals the determination of the Division of Selection Services
that she did not meet the education and experience requirements for the
promotional examination for Administrative Analyst 2 Data Processing
(PS6224I), Department of Corrections.
ACTION:
The Merit System Board directed that this appeal be denied.
B-57 MITCHELL A. KIRKUFF AND GEORGE OVERTON
Mitchell A. Kirkuff and George Overton appeal the determination of the
Division of Selection Services which found that they did were ineligible for
promotional examinations for General Supervisor Roads (PM1563D) and
Road Superintendent (PM1618D), Department of Public Works, Hamilton
Township.
ACTION:
The Merit System Board directed that these appeals be denied.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
29
B-58 CATHERINE M. KIRSCHNER
Catherine M. Kirschner appeals the decisions of the Division of Selection
Services which found that she did not meet the experience requirements for
the open competitive examinations for Transitional Customer Service
Representative 3 (S0204E) and Transitional Customer Service
Representative 4 (S0205E).
ACTION:
The Merit System Board directed that these appeals be denied.
B-59 RONALD M. LUCANTE
Ronald M. Lucante appeals the decision of the Division of Selection Services
which found that he did not meet the experience requirements for the
promotional examination for Data Processing Programmer 2 (PS8042L),
Banking and Insurance.
ACTION:
The Merit System Board directed that this appeal be denied.
B-60 TRACY L. LYON
Tracy L. Lyon appeals the decision of the Division of Selection Services which
found that she did not meet the experience requirements for the promotional
examination for Quality Assurance Specialist Health Services (PS8227K),
Department of Human Services.
ACTION:
The Merit System Board directed that this appeal be granted.
B-61 KATHLEEN MAKRIS
Kathleen Makris appeals the determination of the Division of Selection
Services that she did not meet the experience requirements for the open
competitive examination for Recreation Supervisor (M0423E), Township of
Bloomfield.
ACTION:
The Merit System Board directed that this appeal be granted.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
30
B-62 CAREN C. MEDINA
Caren C. Medina appeals the determination of the Division of Selection
Services that she did not meet the requirements for the promotional
examination for Principal Data Entry Machine Operator (PS8408I), State
Parole Board.
ACTION:
The Merit System Board directed that this appeal be granted.
B-63 WILLIAM A. MILES
William A. Miles appeals the decision of the Division of Selection Services
which found that he did not meet the experience requirements for open
competitive examination for Technical Assistant to the Construction Official
(M0443E), Newark.
ACTION:
The Merit System Board directed that this appeal be granted.
B-64 RAJAA' MITCHELL-BILAL
Rajaa' Mitchell-Bilal appeals the decision of the Division of Selection Services
which found that she did not meet the experience requirements for the
promotional examination for Principal Purchasing Assistant (PM0818E),
Newark School District.
ACTION:
The Merit System Board directed that this appeal be denied.
B-65 CHRISTOPHER MORRISON
Larry Krzyanowski, Personnel Assistant 1, Trenton Psychiatric Hospital, on
behalf of Christopher Morrison, appeals the decision of the Division of
Selection Services which found that Mr. Morrison did not meet the experience
requirements for the promotional examination for Coordinator, Systems
Analysis and Development (PS5896K), Trenton Psychiatric Hospital.
ACTION:
The Merit System Board directed that this appeal be granted.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
31
B-66 NADINE MOSEY
Nadine Mosey appeals the decision of the Division of Selection Services which
found that she did not meet the experience requirements for the promotional
examination for Principal Purchasing Assistant (PM0818E), Newark School
District.
ACTION:
The Merit System Board directed that this appeal be granted.
B-67 EVELYN MURPHY
Evelyn Murphy appeals the determination of the Division Selection Services
which found that she was below the minimum requirements in education and
experience for the promotional examination for Assistant Buyer (PS8243K),
Woodbridge Developmental Center.
ACTION:
The Merit System Board directed that this appeal be granted.
B-68 RONALD PAGODIN
Ronald Pagodin appeals the determination of the Division of Selection
Services that he did not meet the education and experience requirements for
the promotional examination for Senior Engineer Materials (PS7009T),
Department of Transportation.
ACTION:
The Merit System Board directed that this appeal be denied.
B-69 KAREN W. PAPPAS
Karen W. Pappas appeals the decision of the Division of Selection Services
which found that she did not meet the experience requirements pursuant to
an Education and Experience (E&E) Qualifying Examination for the title of
Regulatory Officer 2, Department of Health and Senior Services.
ACTION:
The Merit System Board directed that this appeal be granted.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
32
B-70 JODY PITTMAN
Jody Pittman appeals the decision of the Division of Selection Services which
found that per the substitution clause for education, she did not meet the
experience requirements for the promotional examination for the Labor
Relations Assistant (PM143D), Newark School District.
ACTION:
The Merit System Board directed that this appeal be denied.
B-71 LYNN E. PITTS
Lynn E. Pitts appeals the decision of the Division of Selection Services which
found that per the substitution clause for education, she did not meet the
experience requirements for the promotional examination for Assistant
Administrative Analyst (PC0466E), Burlington County.
ACTION:
The Merit System Board directed that this appeal be denied.
B-72 JACQUELINE QUOMA
Jacqueline Quoma appeals the determination of the Division of Selection
Services that she did not meet the experience requirements for the open
competitive examination for Human Services Specialist 2 (C0413E), Morris
County.
ACTION:
The Merit System Board directed that this appeal be denied.
B-73 GREG ROMATOWSKI
Greg Romatowski appeals the determination of the Division of Selection
Services which found that he was below the minimum requirements in
experience for the promotional examination for Truck Driver (PM1394D),
Middlesex County.
ACTION:
The Merit System Board directed that this appeal be granted.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
33
B-74 JESSICA L. SHEEHY
Jessica L. Sheehy appeals the determination of the Division of Selection
Services that she did not meet the experience requirements for the
promotional examination for Supervising Personnel Clerk (PM0744E), City of
Linden.
ACTION:
The Merit System Board directed that this appeal be granted.
B-75 PATRICIA STAFFORD
Patricia Stafford, represented by D. Gayle Loftis, Esq., appeals the
determination of the Division of Selection Services, which found that she was
ineligible for the promotional examination for Sheriff's Officer Captain
(PC3561B), Hudson County.
ACTION:
The Merit System Board directed that this appeal be denied.
B-76 KIMBERLY STALLINGS AND JOAN PYLYPIAK
Kimberly Stallings and Joan Pylypiak 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
Data Processing Input/Output Control Specialist 2 (PS7340G), Department of
Environmental Protection (DEP).
ACTION:
The Merit System Board directed these appeals be granted.
B-77 JOHN F. SWEENEY
John F. Sweeney appeals the decision of the Division of Selection Services
which found that he did not meet the experience requirements for the
promotional examination for General Supervisor Roads (PM0282E), Long
Branch City.
ACTION:
The Merit System Board directed that this appeal be denied.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
34
B-78 RAYMOND P. TOMASZEWSKI
Raymond P. Tomaszewski appeals the decision of the Division of Selection
Services which found that he did not meet the experience requirements for
the promotional examination for Tree Superintendent (PM12673), Irvington.
ACTION:
The Merit System Board directed that this appeal be denied.
B-79 WIOLETA TUCCILLO
Wioleta Tuccillo appeals the determination of the Division of Selection
Services, which found that she did not submit the required transcript or list
of courses for the open competitive examination for Microbiologist 5
(S0166E), Department of Health and Senior Services.
ACTION:
The Merit System Board directed that this appeal be denied.
B-80 JONAH UMSTEAD
Jonah Umstead appeals the determination of the Division of Selection
Services, which found that he was below the minimum requirements in
experience for the promotional examination for Assistant Supervisor of
Building Repairs (PS8293P), Division of State Police.
ACTION:
The Merit System Board directed that this appeal be granted.
B-81 LARRY P. VENTRE, JR.
Larry P. Ventre, Jr., appeals the determination of the Division of Selection
Services, which found that he was below the minimum requirements in
experience for the promotional examination for Computer Operator 3
(PS4935D), Department of Community Affairs.
ACTION:
The Merit System Board directed that this appeal be granted.
B-82 KAREN WIRZMAN
Karen Wirzman appeals the determination of the Division of Selection
Services that she did not meet the experience requirements for the
promotional examination for Building Management Services Specialist 1
(PS5664K), Department of Human Services.
ACTION:
The Merit System Board directed that this appeal be granted.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
35
B-83 JAN ZAWISLAK
Jan Zawislak appeals the decision of the Division of Selection Services which
found that she did not meet the licensing requirements for the examination
for Construction Official (S9221E).
ACTION:
The Merit System Board directed that this appeal be denied.
B-84 BEVERLY BRODOWSKI
Beverly Brodowski appeals her failing score and requests a make-up of the
promotional examination for Supervising Management and Operations
Analyst (PS79484U), Department of the Treasury.
ACTION:
The Merit System Board directed that this appeal be denied.
B-85 JESSICA BURGOS
Jessica Burgos appeals her score and requests a make-up for the promotional
examination for Administrative Analyst 1 (PS7173P), Juvenile Justice
Commission.
ACTION:
The Merit System Board directed that this appeal be denied.
B-86 LYNN LOYER
Lynn Loyer appeals her failing score and requests a make-up of the
promotional examination for Section Supervisor Fiscal Resources (PS7361H),
Department of Health and Senior Services.
ACTION:
The Merit System Board directed that this appeal be denied.
B-87 EDWARD PLUNKETT
Edward Plunkett appeals his score for the oral portion of the examination for
Police Captain (PM3560E), Hackensack.
ACTION:
The Merit System Board directed that this appeal be denied.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
36
B-88 ANNE SCHIADARESIS
Anne Schiadaresis appeals her score on the promotional examination for
Customized Training Representative 2 (PS4693N), Department of Labor.
ACTION:
The Merit System Board directed that this appeal be denied.
B-89 JOSEPH SYPHERD
Joseph Sypherd appeals his score for the oral portion of the examination for
Police Captain (PM3559E), Gloucester Township.
ACTION:
The Merit System Board directed that this appeal be denied.
B-90 DOLORES CORDERO
Dolores Cordero appeals the determination of the Division of Selection
Services which found that she was not permanent in a title to which the
promotional examination for Supervising Library Assistant (PM2027D),
Jersey City, was open.
ACTION:
The Merit System Board directed that this appeal be granted.
B-91 LILLIAN FOSTER
Lillian Foster appeals the administration of the open competitive
examination for Senior Training Technician (S0179E).
ACTION:
The Merit System Board directed that this appeal be denied.
B-92 CARMEN PEDROZA
Carmen Pedroza appeals the administration of the promotional examination
for Management Assistant (PS5359H), Department of Health and Senior
Services.
ACTION:
The Merit System Board directed that this appeal be denied.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
37
B-93 VITTAL SITARAM
Vittal Sitaram appeals the validity of the promotional examination for
Principal Engineer, Structural Evaluation (PS7023T), Department of
Transportation.
ACTION:
The Merit System Board directed that this appeal be denied.
B-94 HOWARD STEIN
Howard Stein appeals the validity of the promotional examination for
Hearings and Review Officer, Labor (PS2801N), Department of Labor.
ACTION:
The Merit System Board directed that this appeal be denied.
B-95 STEPHANIE CICCHETTI
Stephanie Cicchetti requests that the provisions of N.J.A.C. 4A:4-2.6(a)(4) be
relaxed to accept her late application for the promotional examination for Tax
Clerk (PM1429E), Rockaway Township.
ACTION:
The Merit System Board directed that this appeal be granted.
B-96 RECENT COURT DECISIONS
Submitted for the Board's review are copies of decisions as follows: In the; In the matter of Susan Karpoff,;
matter of Howard Doherty, Correction Sergeant, Department of Corrections
(PS7099I) (Appellate Division, 4/5/04)
Department of Corrections, County of Middlesex (Appellate Division, 4/5/04)
Manuel A. Oliveira v. Northern State Prison, Department of Corrections
(Appellate Division, 4/5/04)
;
In the Matter of George Phillips (Appellate
Division, 4/6/04)
;
Dawn Steelman v. Cape May County Sheriff's Department
and Atlantic County Police Training Commission (Appellate Division,
4/23/04)
;
In the Matter of Dennis Benster (Appellate Division, 4/27/04).
Brief summaries of the cases are provided.
ACTION:
The Merit System Board noted the decisions.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
38
B-97 MERIT SYSTEM BOARD MINUTES
The minutes of the Merit System Board meeting of June 9, 2004 are
submitted for adoption.
ACTION:
The Merit System Board adopted the minutes.
B-98 MARIANNE OFENLOCH
The appeal of Marianne Ofenloch, a Ranger with the Department of
Environmental Protection, of the bypass of her name on the eligible list for
Chief Ranger 2 (PS5136G), Department of Environmental Protection, was
heard by Administrative Law Judge Israel D. Dubin (ALJ), who rendered his
initial decision on April 23, 2004, upholding the bypass of the appellant's
name. At its meeting on June 9, 2004, the Merit System Board adopted the
ALJ's recommendation. The proposed final decision is now submitted for the
Board's review.
ACTION:
The Merit System Board adopted the final decision.
B-99 EARLY SETTLEMENTS
Omayra Colon
County of Essex
Department of Public Safety
Suspension
Jane McNeill
North Jersey Developmental Center
Department of Human Services
Suspension
Kellie Miles
Department of Transportation
Release at the end of the working test period
ACTION:
The Merit System Board acknowledged the settlements.
MERIT SYSTEM BOARD MEETING JUNE 23, 2004
39
There being no further business before the Merit System Board, the
meeting was adjourned to convene on Wednesday, July 14, 2004 at 10:00
a.m., at 3 Station Plaza, Trenton, New Jersey.
______________________________
MARGARET E. L. HOWARD
PRESIDING
MERIT SYSTEM BOARD