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

  [Printable PDF Format]

MINUTES OF REGULAR MEETING OF
THE CIVIL SERVICE COMMISSION
MAY 4, 2011

 
Robert M. Czech , Chairperson
Robe rt E. Brenner
Richard E. Williams

 


CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 2
May 4, 2011

 

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A regular meeting of the Civil Service Commission was held on Wednesday, May 4, 2011, in Trenton, New Jersey.

PRESENT: Robert M. Czech, Chairperson, Members Robert E. Brenner, Thomas J. Perna 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, Robert M. Czech, Chairperson, opened the meeting with the following statement:

Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on December 20, 2010, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 3

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

 

 

In the Matter of Ronney Brown

Motor Vehicle Commission

Suspensions (2)

In the Matter of Shaquina Brown

New Lisbon Developmental Center

Department of Human Services

Removals (3)

In the Matter of Grady Buffaloe

Department of Children and Families

Suspension and Removal

In the Matter of Tira Carson

New Lisbon Developmental Center

Department of Human Services

Suspension

In the Matter of Ben Cerca

Essex County

Department of Public Safety and Corrections

Removal

In the Matter of Steven R. Corey

City of Bridgeton

Department of Public Safety

Removal

In the Matter of Marc Cuyler

City of Newark

Mayor's Office

Suspension

In the Matter of Anthony Ferrer

City of Newark

Police Department

Suspension CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 4

 

In the Matter of Khaliah Friday

Ancora Psychiatric Hospital

Department of Human Services

Resignation not in good standing

In the Matter of Frederick Kramer

Bayside State Prison

Department of Corrections

Removal

In the Matter of David Mulbah

New Lisbon Developmental Center

Department of Human Services

Removal

In the Matter of Thomas Murphy

City of Trenton

Police Department

Suspension

In the Matter of Leslie Porschen

Township of Nutley

Department of Public Property

Reprisal

In the Matter of Charles Quitee

Juvenile Justice Commission

Removal

In the Matter of Royston Sampson

New Lisbon Developmental Center

Department of Human Services

Suspension

In the Matter of Sandra Sargent

Middlesex County

Personnel Department

Layoff

In the Matter of Frank Testa

City of Newark

Police Department

Removals (2) CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 5

 

In the Matter of Tabatha Vincent

Ocean County

Sheriff's Department

Suspension and Demotion

In the Matter of Joseph Young

Cinnaminson Township

Department of Public Works

Removal

 

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

ACTION:

The Civil Service Commission acknowledged the settlements with the exception of Tabatha Vincent which was held over for clarification.

A-2 CARLOS BARNWELL

 

 

Carlos Barnwell, County Correction Lieutenant, Burlington County, County Jail, demotion to the position of County Correction Sergeant effective May 2, 2010, on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause.

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

 

ACTION:

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

VOTE: Robert M. Czech (Yes)

Robert E. Brenner (No)

Thomas J. Perna (Yes)

Richard E. Williams (Yes) CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 6

A-3 GARY DEGREE

 

 

Gary Degree, County Correction Officer, Burlington County, County Jail, 10 working day suspension on charges of chronic or excessive absenteeism or lateness and other sufficient cause.

Recommendation of the Administrative Law Judge - Reverse the 10 working day suspension.

 

ACTION:

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

A-4 CHARLES GREENBERG

 

 

Charles Greenberg, Affirmative Action Specialist 1, Department of Children and Families, return to formerly held permanent title at the end of the working test period effective January 22, 2009.

Recommendation of the Administrative Law Judge - Reverse the return to formerly held permanent title at the end of the working test period.

 

ACTION:

The Civil Service Commission rejected the recommendation of the Administrative Law Judge and upheld the return to formerly held permanent title at the end of the working test period.

A-5 KEYPORT 2009 LAYOFFS

 

 

Laurie Graham, Clerk Typist, Borough of Keyport, appeals the good faith of her demotion in lieu of layoff from full-time to part-time effective August 1, 2009, for reasons of economy and efficiency.

Recommendation of the Administrative Law Judge - Uphold the demotion in lieu of layoff.

ACTION:

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

CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 7

 

Carmelo Lio, Senior Correction Officer, Adult Diagnostic and Treatment Center, Department of Corrections, 120 working day suspension on charges of other sufficient cause and violation of a rule, regulation, policy, procedure, order or administrative decision.

Recommendation of the Administrative Law Judge - Modify the 120 working day suspension to a 20 working day suspension.

 

ACTION:

The Civil Service Commission modified the recommendation of the Administrative Law Judge to a 60 working day suspension.

A-7 NAFAEESA MILLER

 

 

Nafaeesa Miller, County Correction Officer, Burlington County, County Jail, 20 working day suspension on charges of conduct unbecoming a public employee, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge - Modify the 20 working day suspension to a 15 working day suspension.

 

ACTION:

The Civil Service Commission modified the recommendation of the Administrative Law Judge and upheld the 20 working day suspension.

A-8 BENEDICT NWAOHA

 

 

Benedict Nwaoha, Accountant, Jersey City School District, release at the end of the working test period effective April 22, 2010.

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.

CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 8

 

Jackie Seton, Human Services Assistant, Trenton Psychiatric Hospital, Department of Human Services, indefinite suspension pending disposition of criminal charges.

Recommendation of the Administrative Law Judge - Uphold the indefinite suspension.

 

ACTION:

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

A-10 LITORIA WRIGHT

 

 

Litoria Wright, County Correction Officer, Monmouth County, Department of Corrections and Youth Services, 30 working day suspension and restitution for the loss of County property in the amount of $357.00 on charges of incompetency, inefficiency or failure to perform duties, neglect of duty, other sufficient cause and violation of Sheriff's Department policy and procedure.

Recommendation of the Administrative Law Judge - Uphold the 30 working day suspension and restitution in the amount of $357.00.

 

ACTION:

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

VOTE: Robert M. Czech (Abstained)

Robert E. Brenner (No)

Thomas J. Perna (Yes)

Richard E. Williams (Yes)

A-11 BRIAN BOTKA

 

 

Brian Botka, Boiler Operator, Hudson County, Department of Roads and Public Property, removal and resignation not in good standing effective December 12, 2007, on charges of insubordination, conduct unbecoming a public employee, neglect of duty and inability to perform duties.

Recommendation of the Administrative Law Judge - Reverse the removal and the resignation not in good standing and order the appointing authority to schedule a psychological evaluation of the appellant.

ACTION:

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

CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 9

 

Kevin Cruz, Human Services Assistant, New Lisbon Developmental Center, Department of Human Services, removal effective December 30, 2009, on charges of neglect of duty, physical or mental and verbal abuse of a patient, client, resident or employee, falsification, violation of a rule, regulation, policy, procedure, order or 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.

A-13 STEPHON DINSON

 

 

Stephon Dinson, Senior Medical Security Officer, Ann Klein Forensic Psychiatric Hospital, Department of Human Services, removal effective August 10, 2010, on charges of conduct unbecoming a public employee, insubordination and inappropriate physical contact or mistreatment of a patient, client, resident or employee.

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

 

ACTION:

A motion was made to affirm the recommendation of the Administrative Law Judge.

VOTE: Robert M. Czech (No)

Robert E. Brenner (Yes)

Thomas J. Perna (No)

Richard E. Williams (Yes)

 

 

The motion did not carry. Therefore, the initial decision was deemed approved. CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 10

A-14 ERNEST GREGG

 

Ernest Gregg, Identification Officer, Atlantic County, Sheriff's Department, removal effective January 23, 2009, on charges of incompetency, inefficiency or failure to perform duties, insubordination, inability to perform duties, conduct unbecoming a public employee, neglect of duty, misuse of public property, other sufficient cause and multiple violations of the County rules and regulations.

Recommendation of the Administrative Law Judge - Modify the removal to a five-day, 30-day, and 90-day suspension.

 

ACTION:

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

A-15 ALYSON HERIEGEL

 

 

Alyson Heriegel, Municipal Court Administrator, Stratford Borough, Department of Administration and Finance, 115-day suspension and removal effective June 28, 2010, on charges of incompetency, inefficiency, or failure to perform duties, inability to perform duties and neglect of duty.

Recommendation of the Administrative Law Judge - Uphold the removal effective March 5, 2010.

 

ACTION:

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

A-16 MICHAEL LARINO

 

 

Michael Larino, Fire Fighter, City of Bayonne, Department of Public Safety, removal effective March 2, 2010, on charges of incompetency, inefficiency, failure to perform duties, insubordination, conduct unbecoming a public employee, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the removal.

 

ACTION:

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

VOTE: Robert M. Czech (Abstained)

Robert E. Brenner (Yes)

Thomas J. Perna (Yes)

Richard E. Williams (Yes) CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 11

A-17 KRISTINA NITKA-THOR

 

 

Kristina Nitka-Thor, Secretarial Assistant, Morris County, Finance Department, removal effective April 16, 2010, on charges of insubordination, conduct unbecoming a public employee and misuse of public property.

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 CHANGE IN CLASSIFICATION PLAN - STATE GOVERNMENT - ENVIRONMENTAL SPECIALIST, SITE REMEDIATION TITLE SERIES

 

 

The Division of State and Local Operations requests that the Site Remediation variant titles with the Environmental Specialist title series be consolidated into the base titles effective the first pay period following the Civil Service Commission's action regarding this request. SLO also requests that the Site Remediation Technical Specialist and Senior Project Manager, Site Remediation Titles be designated as archaic the first pay period following the Commission's action regarding this request. The Department of Environmental Protection is undergoing a transformation process and this consolidation will provide the agency with some of the flexibility needed to more effectively meet its responsibilities while also providing employees with enhanced career opportunities. CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 12 CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 13 The Civil Service Commission directed that this request be granted. CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 14

ACTION:

B-2 CHANGE IN CLASSIFICATION PLAN - STATE GOVERNMENT - STANDARDS AND PROCEDURES TECHNICIAN TITLE SERIES

 

The Division of State and Local Operations requests that department specific variant titles in the Standards and Procedures Technician title series be consolidated into the base titles and that the Supervisor, Standards and Procedures title be inactivated effective the first pay period following the Civil Service Commission's action regarding this request. CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 15 CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 16 The Civil Service Commission directed that this request be granted. CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 17

ACTION:

B-3 CHANGE IN CLASSIFICATION PLAN - LOCAL GOVERNMENT - VINELAND MUNICIPAL ELECTRIC UTILITY

 

The Division of State and Local Operations requests that a new dual title of Maintenance Repairer/Radio Dispatcher be created to address a classification need at the Vineland Municipal Electric Utility and that the title of Building Maintenance Worker/Radio Dispatcher be inactivated.

ACTION:

The Civil Service Commission directed that this request be granted.

CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 18

 

The Division of State and Local Operations requests the consolidation of 4 local Chemist titles. SLO also requests that 5 State Chemist titles be made common for use by local government. CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 19 CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 20 The Civil Service Commission directed that this request be granted. CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 21

ACTION:

B-5 CHANGE IN CLASSIFICATION PLAN - STATE GOVERNMENT - CONTRACT ADMINISTRATOR TITLE SERIES

 

The Division of State and Local Operations requests that certain department specific variant titles in the Contract Administrator title series be consolidated into base titles and that the Supervising Contract Administrator title be inactivated effective the first pay period following the Civil Service Commission's action regarding this request. CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 22 The Civil Service Commission directed that this request be granted. CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 23

ACTION:

B-6 CHANGE IN CLASSIFICATION PLAN - LOCAL GOVERNMENT - OCCUPATIONAL GROUP 18 (OCCUPATIONS IN RECREATION) TITLE CONSOLIDATION INITIATIVE

 

The Division of State and Local Operations request consolidation of 14 local government titles and inactivation of one title within Occupational Group 18 (Occupations in Recreation). CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 24 CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 25 The Civil Service Commission directed that this request be granted. CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 26

ACTION:

B-7 ANTHONY LOPEZ

 

Anthony Lopez 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 psychological unfitness to perform effectively the duties of the position.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-8 THOMAS MURTHA

 

 

Thomas Murtha, a Supervisor, Amusement Rides and Mechanical Inspection with the Department of Community Affairs, appeals the denial of sick leave injury (SLI) benefits.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-9 NICHOLAS STAPLES

 

 

Nicholas Staples, a Cook, 12 Months with the Hagedorn Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

 

ACTION:

The Civil Service Commission directed that this appeal be granted.

B-10 TERESA RAMEY

 

 

Teresa Ramey, an Accountant with the Newark School District, appeals her non-appointment from the eligible list for Principal Auditor (PM0391J), Newark School District.

ACTION:

The Civil Service Commission directed that this appeal be denied.

CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 27

 

Matthew Wiesniewski, represented by Mark W. Catanzaro, Esq., appeals the decision of the Division of State and Local Operations, which removed the appellant's name from the Police Sergeant (PM2583K), Burlington City, employment list due to the appellant's failure to respond to the Certification Notice.

 

ACTION:

The Civil Service Commission directed that this appeal be granted.

B-12 PATRICIA MONTERO

 

 

Patricia Montero, a Keyboarding Clerk 1 with Bergen County, represented by Stephen V. Schuster, Esq., requests additional relief with regard to the August 30, 2008 Bergen County layoff and her reinstatement as a Clerk Typist.

 

ACTION:

The Civil Service Commission directed that this request be denied.

B-13 TEMPORARY LAYOFFS FISCAL YEAR 2009

 

 

Various unrepresented State employees appeal temporary layoffs of May and June 2009 which were authorized by N.J.A.C. 4A:8-1.1A.

 

ACTION:

The Civil Service Commission directed that these appeals be denied.

VOTE: Robert M. Czech (Abstained)

Robert E. Brenner (Yes)

Thomas J. Perna (Yes)

Richard E. Williams (Yes)

B-14 ERIC VOLPE

 

 

Eric Volpe, a Laborer with the City of Wildwood's Department of Public Works and Public Property, appeals the determination of his layoff rights by the Division of State and Local Operations.

ACTION:

The Civil Service Commission directed that this appeal be denied.

CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 28

 

Ralph Lewis, an Assistant Regional Electrical Supervisor with the Department of Transportation, appeals the determination of the Director of the Division of Civil Rights and Affirmative Action, 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.

B-16 ROBIN MAGARGAL

 

 

Robin Magargal, a former Secretarial Assistant 3 with the Department of Military and Veterans' Affairs, requests reconsideration of the final decision of the Civil Service Commission rendered on January 13, 2010, stating that the petitioner failed to present sufficient evidence to support a finding that she had been subjected to additional violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace.

This matter was held over at the April 20, 2011 Commission meeting for further review.

 

ACTION:

The Civil Service Commission directed that this request for reconsideration be granted and the appeal be granted in part.

B-17 ACCOUNTING ASSISTANT (C0131M), MONMOUTH COUNTY

 

 

Monmouth County requests permission not to make an appointment from the October 26, 2010 certification for Accounting Assistant (C0131M).

 

ACTION:

The Civil Service Commission granted the request for an appointment waiver and assessed no selection costs at this time.

VOTE: Robert M. Czech (Abstained)

Robert E. Brenner (Yes)

Thomas J. Perna (Yes)

Richard E. Williams (Yes) CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 29

B-18 COMMUNICATIONS OFFICER (SPECIAL REEMPLOYMENT LIST) AND (M1536J), NEWARK

 

 

Newark, represented by David N. Gambert, Assistant Corporation Counsel, requests permission not to make an appointment from the August 26, 2008 certification for Communications Officer (Special Reemployment List) and (M1536J).

 

ACTION:

The Civil Service Commission granted the request for an appointment waiver and assessed partial selection costs in the amount of $1,024.

B-19 SUPERVISING MECHANIC (PM0101L), NEWARK

 

 

Newark requests permission not to make an appointment from the March 1, 2010 certification for Supervising Mechanic (PM0101L).

 

ACTION:

The Civil Service Commission granted the request for an appointment waiver and assessed partial selection costs in the amount of $557.

B-20 ACCOUNT CLERK (M1650J) AND (M0056L), PATERSON

 

 

The Division of State and Local Operations requests that Paterson be ordered to return the January 7, 2020 certification (OL100033) of the eligible list for Account Clerk (M1650J) and (M0056L) for proper disposition.

 

ACTION:

The Civil Service Commission granted the request.

B-21 JUVENILE DETENTION OFFICER (C2166K), HUDSON COUNTY

 

 

The Division of State and Local Operations requests that Hudson County be ordered to return the April 13, 2010 certification of the eligible list for Juvenile Detention Officer (C2166K) for proper disposition.

 

ACTION:

The Civil Service Commission granted the request.

B-22 PLANNING AIDE (C0312K), HUDSON COUNTY

 

 

The Division of State and Local Operations requests that Hudson County be ordered to return the November 4, 2009 certification of the eligible list for Planning Aide (C0312K) for proper disposition.

ACTION:

The Civil Service Commission granted the request.

CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 30

 

Bloomfield, represented by Brian J. Aloia, Esq., petitions the Civil Service Commission for revival of the Police Lieutenant (PM2528H) and the Police Sergeant (PM2574H), eligible lists, in order to effectuate the terms of the settlement agreement with Joseph Krentz and John Sierchio. Anthony Argento, a Police Sergeant with Bloomfield, requests a retroactive date of permanent appointment, effective January 18, 2011.

 

ACTION:

The Civil Service Commission denied the requests.

B-24 JACQUES SORET

 

 

The Department of Children and Families requests that the provisions of N.J.A.C. 4A:4-1.1(c) be relaxed in order to allow Jacques Soret to be provisionally appointed, pending promotional examination procedures, to the title of Telecommunications Systems Analyst 1.

 

ACTION:

The Civil Service Commission granted the request.

B-25 ROLANDO SANTIAGO

 

 

The appeal of Rolando Santiago, a Police Officer with Camden, of his suspension for the period from February 7, 2001 to December 14, 2004, on charges, was heard by Administrative Law Judge John Schuster, III, who rendered his initial decision on February 17, 2011. At its meeting on April 20, 2011, the Civil Service Commission adopted the ALJ's recommendation to reverse the suspension. However, the Commission found it necessary to address the exceptions and cross exceptions filed by the parties. The proposed decision is now submitted for the Commission's review.

 

ACTION:

The Civil Service Commission adopted the decision.

VOTE: Robert M. Czech (Yes)

Robert E. Brenner (Yes)

Thomas J. Perna (Abstained)

Richard E. Williams (Yes) CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 31

B-26 DEBORAH COWELL

 

 

Deborah Cowell appeals the decision of the Division of State and Local Operations that the proper classification of her position with the Department of Environmental Protection was Site Remediation Technical Specialist from March 1, 2008 to January 30, 2009 and thereafter that the proper classification of her position is Principal Environmental Specialist, Site Remediation. The appellant seeks a Site Remediation Technical Specialist classification.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-27 RALPH D'ARIES AND DENISE WEBB

 

 

In response to a motion filed by the Civil Service Commission, the Appellate Division, Superior Court of New Jersey, has remanded the appeals of Ralph D'Aries and Denise Webb, represented by Joseph J. Bell, Esq., regarding the decision rendered on August 19, 2009, which found that D'Aries' position is properly classified as a Principal Registered Environmental Health Specialist, Public Health and that Webb's position is properly classified as a Registered Environmental Health Specialist, Public Health for clarification.

 

ACTION:

The Civil Service Commission affirmed the prior classification determinations concerning the positions in Sussex County encumbered by Ralph D'Aries and Denise Webb.

B-28 ROSE MARIE DAVIS

 

 

Rose Marie Davis appeals the September 9, 2010 decision of the Division of State and Local Operations which found that her position with the Civil Service Commission was correctly classified as Human Resource Consultant 2, effective November 21, 2009. The appellant seeks a Human Resource Consultant 3 classification.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

VOTE: Robert M. Czech (Abstained)

Robert E. Brenner (Yes)

Thomas J. Perna (Yes)

Richard E. Williams (Yes) CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 32

B-29 EDWARD GLASSEN, ET AL.

 

 

Edward Glassen, Patrick Donaghy, and Glenn Spadone, Fire Fighters with the Township of Irvington, and Michael Torsiello, Joseph Del Sordo, and Michael Giordano, Fire Lieutenants with the Township of Irvington, represented by Daniel J. Zirrith, Esq., request relief from the Civil Service Commission concerning the cancellation of the January 14, 2010 certifications of the Fire Lieutenant (PM2505H) and Fire Captain (PM3509H) eligible lists. Additionally, the appellants appeal the decisions of the Division of State and Local Operations that the effective date of reclassification of their respective positions is July 3, 2010.

 

ACTION:

The Civil Service Commission directed that these appeals be denied.

B-30 JOSE GONZALEZ

 

 

Jose Gonzalez appeals the determination of the Division of State and Local Operations that his position is properly classified as Supervising Contracting Administrator. The appellant seeks a Supervising Administrative Analyst classification.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-31 JOAN LOUIS

 

 

Joan Louis appeals the determination of the Division of State and Local Operations that her position is properly classified as a Charge Nurse, 12 months. The appellant seeks a Supervisor of Nursing Services classification.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-32 CHARLES MCCLOSKEY

 

 

Charles McCloskey, represented by Joseph J. Bell, Esq., appeals the determination of the Division of State and Local Operations that his position with Morristown is properly classified as a Senior Groundskeeper. The appellant seeks a Supervising Groundskeeper classification.

ACTION:

The Civil Service Commission directed that this appeal be denied.

CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 33

 

Jennifer Mills appeals the decision of the Division of State and Local Operations which found that her position is properly classified as Guardianship Services Specialist 1. The appellant seeks a Supervising Program Support Specialist (Assistance Programs) classification.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-34 DORIS PINTO

 

 

Doris Pinto appeals the decision of the Division of State and Local Operations which found that her position is properly classified as Technical Assistant 3, Community Affairs. The appellant seeks a Technical Assistant 2, Community Affairs classification.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-35 JEFFREY WILLIAMS

 

 

Jeffrey Williams appeals the decision of the Division of State and Local Operations which found that his position with Delran Township is properly classified as Municipal Department Head. The appellant seeks a Sewage Plant Superintendent/Sewer Superintendent classification.

 

ACTION:

The Civil Service Commission directed that this appeal be granted.

B-36 CHIMANLAL ANTALA

 

 

Chimanlal Antala appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for the title of Supervising Engineer 2, Surface Design (PS3440T), Department of Transportation.

ACTION:

The Civil Service Commission directed that this appeal be denied.

CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 34

 

John Bedford, III appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for the title of Storekeeper 2 (PS7404K), Ann Klein Forensic Hospital.

 

ACTION:

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

B-38 WILLIAM DAVIS

 

 

William Davis appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for the title of Storekeeper 2 (PS7566J), Rowan University.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-39 JUSTIN ECKER

 

 

Justin Ecker appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for the title of Administrative Analyst 2 Data Processing (PS6305K), Department of Human Services.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-40 JAMES GEORGE

 

 

James George appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for the title of Storekeeper 2 (PS7566J), Rowan University.

ACTION:

The Civil Service Commission directed that this appeal be granted.

CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 35

 

Jeanina E. Goos appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she did not meet the requirements for the promotional examination for the title of Technical Support Specialist 2 (PS8454K), Department of Children and Families.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-42 DEVON L. GRAF

 

 

Devon L. Graf appeals the determination of the Division of Selection Services which found that he did not meet the requirements for the open-competitive examination for Director of Welfare (C0261M), Camden County.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-43 WONDER HENDERSON

 

 

Wonder Henderson appeals the determination of the Division of Selection Services that she did not meet the eligibility requirement for the open competitive examination for Field Representative Citizens Complaints (C0338M), Essex County.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-44 NILDA HERNANDEZ

 

 

Nilda Hernandez appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she did not meet the requirements for the promotional examination for Assistant Administrative Supervisor of Family Services (PC0532M), Passaic County.

ACTION:

The Civil Service Commission directed that this appeal be denied.

CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 36

 

Maurice Isaza appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for the title of Administrative Analyst 2 Data Processing (PS7079N), Department of Labor and Workforce Development.

 

ACTION:

The Civil Service Commission directed that this appeal be granted.

B-46 JESSICA LARNEY

 

 

Jessica Larney appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Assistant Municipal Clerk (PM0917M), Township of Brick.

 

ACTION:

The Civil Service Commission directed that this appeal be granted.

B-47 KEITH LEWANDOWSKI

 

 

Keith Lewandowski appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for the title of Administrative Analyst 2 Data Processing (PS7079N), Department of Labor and Workforce Development.

 

ACTION:

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

B-48 RICHARD MOORE

 

 

Richard Moore 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 the title of Assistant Manager Animal Control Facility (M1157L), Ewing.

ACTION:

The Civil Service Commission directed that this appeal be denied.

CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 37

 

Henrietta Owusu appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for the title of Chief Housing Production (PM0477M), Trenton.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-50 LORRAINE PENTZ

 

 

Lorraine Pentz appeals the determination of the Division of Selection Services that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Administrative Assistant 3 (PS8523G), Department of Environmental Protection.

 

ACTION:

The Civil Service Commission directed that this appeal be granted.

B-51 TRACIE SHORTE

 

 

Tracie Shorte 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 the title of Manager Abatement and Special Taxes (M0254M), Newark.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-52 RONNETTE WHITE

 

 

Ronnette White appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for the title of Administrative Analyst 2 Data Processing (PS7079N), Department of Labor and Workforce Development.

ACTION:

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

CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 38

 

Joanne Yost appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Secretarial Assistant 3, Non-Stenographic (PS9171J), Richard Stockton College of New Jersey.

 

ACTION:

The Civil Service Commission directed that this appeal be granted.

B-54 ANDREA ZELENAK

 

 

Andrea Zelenak appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for the title of Administrative Analyst 2 Data Processing (PS0212K), Department of Human Services.

 

ACTION:

The Civil Service Commission directed that this appeal be granted.

B-55 RICHARD CASELLA

 

 

Richard Casella appeals his score on the examination for Fire Officer 2 (PM3504L), Jersey City.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-56 MICHAEL CONFORTI

 

 

Michael Conforti appeals his score on the examination for Fire Officer 2 (PM3504L), Jersey City.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-57 DANIEL DELANEY

 

 

Daniel Delaney appeals his score on the examination for Fire Officer 2 (PM3504L), Jersey City.

ACTION:

The Civil Service Commission directed that this appeal be denied.

CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 39

 

Henry DiGuilio appeals his score on the examination for Fire Officer 2 (PM3504L), Jersey City.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-59 GERARD FISHER

 

 

Gerard Fisher appeals his score on the examination for Fire Officer 2 (PM3504L), Jersey City.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-60 ROBERT HALTER

 

 

Robert Halter appeals his score on the examination for Fire Officer 2 (PM3504L), Jersey City.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-61 JOHN JOHNSON

 

 

John Johnson appeals his score on the examination for Fire Officer 2 (PM3504L), Jersey City.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-62 KARL KEPPEN

 

 

Karl Keppen appeals his rank and score on the promotional examination for Supervising Public Safety Telecommunicator (PM1049L), Camden.

ACTION:

The Civil Service Commission directed that this appeal be denied.

CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 40

 

Dennis Kroll appeals his score on the examination for Fire Officer 2 (PM3504L), Jersey City.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-64 KEVIN NALLY

 

 

Kevin Nally appeals his score on the examination for Fire Officer 2 (PM3504L), Jersey City.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-65 MICHAEL NICKERSON

 

 

Michael Nickerson appeals his score on the examination for Fire Officer 2 (PM3504L), Jersey City.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-66 SEAN VERDI

 

 

Sean Verdi appeals his score on the examination for Fire Officer 2 (PM3504L), Jersey City.

 

ACTION:

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

B-67 DENNIS WHELAN

 

 

Dennis Whelan appeals his score on the examination for Fire Officer 2 (PM3504L), Jersey City.

ACTION:

The Civil Service Commission directed that this appeal be denied.

CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 41

 

The City of Perth Amboy, on behalf of Jose M. Pais, 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 the City of Perth Amboy.

 

ACTION:

The Civil Service Commission granted the request.

B-69 BETH LARKIN

 

 

The Office of the Attorney General, on behalf of Beth Larkin, a Supervisor, Records Management, with the Division of State Police, Department of Law and Public Safety, requests a waiver of repayment of a salary overpayment, pursuant to N.J.S.A. 11A:3-7, which provides that when an employee has erroneously received a salary overpayment, the Civil Service Commission may waive repayment based on a review of the case. It also requests that her salary be "red circled."

 

ACTION:

The Civil Service Commission directed that this matter be held over for further review.

B-70 JANET MARTINEZ

 

 

Janet Martinez appeals the decision of the Division of State and Local Operations, which removed the appellant's name from the Supervising Family Service Specialist 2 (PS6051K), Department of Children and Families, employment list due to the appellant's failure to respond to the Certification Notice.

ACTION:

The Civil Service Commission directed that this appeal be granted.

CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 42

 

Thomas Ferrara appeals the decision of the Division of State and Local Operations that the proper classification of his position with the Department of Environmental Protection was Site Remediation Technical Specialist from March 1, 2008 to January 30, 2009 and thereafter that the proper classification of his position is Principal Environmental Specialist, Site Remediation. The appellant seeks a Site Remediation Technical Specialist classification.

 

ACTION:

The Civil Service Commission directed that this appeal be denied.

B-72 GLENN SAVARY

 

 

Glenn Savary, represented by Scott I. Fegley, Esq., appeals the decision of the Division of State and Local Operations that the proper classification of his position with the Department of Environmental Protection was Site Remediation Technical Specialist from April 12, 2008 to January 30, 2009 and thereafter that the proper classification of his position is Principal Environmental Specialist, Site Remediation. The appellant seeks a Site Remediation Technical Specialist classification.

 

ACTION:

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

B-73 DIANE LEE

 

 

The Department of Corrections petitions the Civil Service Commission for reconsideration of the final administrative decision, rendered on March 10, 2010, in which the Commission restored Diane Lee to the Correction Officer Recruit (S9999H) eligible list.

This matter was held over from the April 20, 2011 Civil Service Commission meeting for further review.

ACTION:

The Civil Service Commission granted the request.

CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 43

 

Submitted for the Commission's approval is a Notice of Adoption of a proposal to amend N.J.A.C. 4A:1-1.3 and 3. The amendments would update provisions of the rules regarding the respective powers and duties of the Civil Service Commission and the Chair/CEO of the Commission. No comments were received during the public comment period. Therefore, it is recommended that this proposal be adopted without change.

 

ACTION:

The Civil Service Commission adopted the amendments.

B-75 CIVIL SERVICE COMMISSION MINUTES

 

 

Submitted for adoption are the Civil Service Commission minutes of its meeting of April 20, 2011.

 

ACTION:

The Civil Service Commission adopted the minutes of its meeting of April 20, 2011.

VOTE: Robert M. Czech (Yes)

Robert E. Brenner (Yes)

Thomas J. Perna (Abstained)

Richard E. Williams (Yes)

B-76 BRUCE COOPER

 

 

The appeal of Bruce Cooper, a Senior Police Officer with the Department of Human Services, of his 5 working day and 10 working day suspensions, on charges, was heard by Administrative Law Judge John Schuster III, who rendered his initial decision on August 31, 2010. At its meeting on April 20, 2011, the Civil Service Commission adopted the ALJ's recommendation to modify the penalty to a 40 working day suspension on all charges. However, the Commission found it necessary to address the exceptions filed by the appellant. 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 (Yes)

Thomas J. Perna (Abstained)

Richard E. Williams (Yes) CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 44

B-77 MAVIS C. FAULKNOR

 

 

The appeal of Mavis C. Faulknor, a Nutrition Program Coordinator, Women, Infants and Children Program, with the City of Newark, of her removal effective May 31, 2007, on charges, was heard by Administrative Law Judge Caridad F. Rigo, who rendered her initial decision on September 13, 2010. At its meeting on April 20, 2011, the Civil Service 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 (Yes)

Thomas J. Perna (Abstained)

Richard E. Williams (Yes)

B-78 DAVID LAMARR

 

 

The appeal of David Lamarr, a Police Officer with the City of Newark, of his 30 working day suspension, beginning March 2, 2009, on charges, was heard by Administrative Law Judge Gail M. Cookson, who rendered her initial decision on January 25, 2011. At its meeting on April 20, 2011, the Civil Service Commission did not adopt the ALJ's recommendation to reverse the suspension. Rather, the Commission ordered that the matter be remanded to the Office of Administrative Law. The proposed decision is now submitted for the Commission's review.

 

ACTION:

The Civil Service Commission adopted the decision.

VOTE: Robert M. Czech (Yes)

Robert E. Brenner (Yes)

Thomas J. Perna (Abstained)

Richard E. Williams (Yes) CIVIL SERVICE COMMISSION MEETING MAY 4, 2011 45

B-79 BRIAN OTT

 

 

The appeal of Brian Ott, a Police Officer with the City of Somers Point, of his removal effective October 26, 2010, on charges, was heard by Administrative Law Judge Bruce M. Gorman, who rendered his initial decision on March 16, 2011. At its meeting on April 20, 2011, the Civil Service Commission adopted the ALJ's recommendation to uphold the removal. However, the Commission found it necessary to address the exceptions filed by the appellant. 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 (Yes)

Thomas J. Perna (Abstained)

Richard E. Williams (Yes)

B-80 CHARLES KING

 

 

The appeal of Charles King, a Police Officer with the City of Long Branch, Police Department, of his removal on charges, was heard by Administrative Law Judge Edward J. Delanoy, Jr., who rendered his initial decision on October 14, 2010. At its meeting on April 20, 2011, the Civil Service Commission adopted the 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 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 (Yes)

Thomas J. Perna (Abstained)

Richard E. Williams (Yes)

There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, May 18, 2011, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

_______________________________

Robert M. Czech

Chairperson

Civil Service Commission

 
 
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