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

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Rolando Torres, Jr., Chairman
Flavella Branham
John Currie
Margaret E.L. Howard
Robert Long

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.

CONFIDENTIAL APPOINTMENTS
The Merit System Board recorded the following Confidential Appointments under N.J.S.A. 11A:3-4(h):

Patricia Ingra, appointed as a Confidential Secretary, Department of Children and Families, effective February 7, 2007, salary of $43,000.00 per annum.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Michael Barker
County of Hudson
Public Resources
Removal

In the Matter of John Bozinoski
East Jersey State Prison
Department of Corrections
Removal

In the Matter of Dawn Burch
County of Middlesex
Sheriff's Department
Removal

In the Matter of Veronica A. Chan
Borough of Carteret
Library
Suspension and Demotion

In the Matter of Stacy Grant
East Jersey State Prison
Department of Corrections
Suspension

In the Matter of Mark Jenkins
County of Mercer
Department of Public Safety
Suspension


In the Matter of Ana R. Tirado
County of Monmouth
Department of Corrections and Youth Services
Removal

In the Matter of Curtis Wilson
Trenton Psychiatric Hospital
Department of Human Services
Removal

In the Matter of Michael Wilson
Adult Diagnostic and Treatment Center
Department of Corrections
Suspension

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

ACTION: The Merit System Board acknowledged the settlements.

A-2 JULIA KELLY - SETTLEMENT

Julia Kelly, Affirmative Action Specialist 3, Department of Human Services, release at the end of the working test period, effective May 28, 2006. Settled to a resignation in good standing effective May 28, 2006.

Recommendation of the Administrative Law Judge - Acknowledge the settlement.

ACTION The Merit System Board acknowledged the settlement.
VOTE: Rolando Torres, Jr. (Abstained)
Flavella Branham (Yes)
John Currie (Yes)
Margaret E. L. Howard (Yes)
Robert J. Long (Yes)


A-3 ABDUSH AHMAD

Abdush Ahmad, Identification Officer, City of Newark, Police Department, 15-day suspension on charges of violation of various Police Department rules regarding insubordination, derogatory reference, demonstration of respect, neglect of duty, disobedience of orders, acts or omissions and false statement.

Recommendation of the Administrative Law Judge - Grant appellant's Motion for Summary Judgment and dismiss the charges.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-4 JANE LYONS

Jane Lyons, Senior Engineer Transportation, Department of Transportation, 15-day suspension on the charge of unauthorized absence, five-day suspension on the charge of insubordination, three-day suspension on the charge of falsification and a one-day suspension on the charge of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Dismiss the unauthorized attendance and falsification charges to reverse the 15-day and three-day suspensions and uphold the one-day and five-day suspensions.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge with regard to the 15-day, three-day and five-day suspensions, but the Merit System Board modified the recommendation of the Administrative Law Judge to increase the one-day suspension to a five-day suspension.

A-5 ALBERTA STOKES

Alberta Stokes, County Correction Sergeant, County of Mercer, Department of Public Safety, 10-day and 20-day suspensions on charges of unsatisfactory attendance, chronic and excessive absenteeism and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the 10-day and 20-day suspensions.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-6 ROSARIO FIORDIMONDO

Rosario Fiordimondo, Police Officer, City of Vineland, Department of Public Safety, three removals effective March 12, 2003, on charges of performance of duty, absence from duty, physical fitness for duty, incompetency and failure to perform duties, inability to perform duties, neglect of duty, conduct unbecoming a public employee and violation of Department rules and regulations.

Recommendation of the Administrative Law Judge - Uphold the three removals.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-7 JOSEPH SIEBOLD

Joseph Siebold, Laborer, Borough of Union Beach, Department of Public Works, removal effective August 11, 2005, on the charge of insubordination.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-8 TERRELL TWIGGS

Terrell Twiggs, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal effective April 22, 2004 on the charge of selling or possession of alcoholic beverages or controlled dangerous substance while on State property. This matter was held over from the April 11, 2007 Merit System Board meeting for receipt of exceptions.

Recommendation of the Administrative Law Judge - Reverse the removal.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.


SECTION B - MISCELLANEOUS MATTER

B-1 DARYL BOWEN

Daryl Bowen, a Senior Correction Officer at Northern 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 granted.

B-2 TROY BOWERS

Troy Bowers, a Senior Correction Officer at Northern 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 granted.

B-3 KEVIN DEMATTEO

Kevin DeMatteo, an Electrical Mechanic 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-4 LUTHER GREGG

Luther Gregg, a Senior Correction Officer at Northern 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 granted.

B-5 RACHEL JONES

Rachel Jones, a former Senior Correction Officer at New Jersey State Prison, Department of Corrections, represented by Samuel M. Gaylord, Esq., appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be denied.


B-6 KEITH KUCINSKI

Keith Kucinski, a Senior Correction Officer with New 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 granted.

B-7 CHRISTOPHER MEDLIN

Christopher Medlin, a Senior Correction Officer at Northern 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 granted.

B-8 BIENVENIDO MONTALVO

Bienvenido Montalvo, a Senior Correction Officer at Northern 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 granted.

B-9 MADELINE RUFE

Madeline Rufe, a Senior Therapy Program Assistant with Hunterdon Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be denied.

B-10 YVONNE STEPHENSON

Yvonne Stephenson, a Cottage Training Technician with North Jersey Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be denied.


B-11 MONA WEISS

Mona Weiss, a Social Worker 1 (Corrections) with Southern State 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.

B-12 ROY D. CURIEL

Roy D. Curiel, represented by Douglas C. Anton, Esq., appeals the decision of the Division of Human Resource Information Services which upheld the removal of his name from the eligible list for County Correction Officer (S9999D), Passaic County on the basis of an unsatisfactory criminal record.

ACTION: The Merit System Board directed that this appeal be denied.

VOTE: Rolando Torres, Jr. (Yes)
Flavella Branham (Yes)
John Currie (Abstained)
Margaret E. L. Howard (Yes)
Robert J. Long (Yes)

B-13 JAMES D'ANDREA

James D'Andrea, a Police Sergeant with Union City, represented by Colin M. Lynch, Esq., appeals the bypass of his name for appointment on the Police Lieutenant (PM2606D), Union City eligible list.

ACTION: The Merit System Board granted a hearing.

B-14 MATTHEW M. MEENAN

Matthew M. Meenan appeals the decision of the Division of Human Resource Information Services which found that the Department of Corrections had presented a sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9999F) eligible list due to an unsatisfactory background report.

ACTION: The Merit System Board directed that this appeal be denied.

B-15 CARINE M. POLCARO

Carine M. Polcaro appeals the decision of the Division of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove her name from the eligible list for Correction Officer Recruit, Juvenile Justice (S9999F), Juvenile Justice Commission, on the basis of falsification of her preemployment application.

ACTION: The Merit System Board directed that this appeal be denied.

B-16 JOSEPH POPLAWSKI

Joseph Poplawski, represented by F. Michael Daily, Jr., Esq., appeals the decision of the Division of Human Resource Information Services which found that Burlington County had presented a sufficient basis to remove the appellant's name from the Sheriff's Officer Sergeant (PC3017C), Burlington County, eligible list due to an unsatisfactory employment record.

ACTION: The Merit System Board directed that this appeal be denied.

B-17 IDENTIFICATION CLERK (M1036H), JERSEY CITY

The matter of whether Jersey City should be granted permission not to make an appointment from the March 7, 2006 certification for Identification Clerk (M1036H) has been referred to the Merit System Board for review.

ACTION: The Merit System Board granted the appointment waiver and waived selection costs.

B-18 TIMOTHY KARAKASHIAN

Timothy Karakashian, a former Police Officer with Cinnaminson Township, appeals his resignation in good standing.

ACTION: The Merit System Board directed that this appeal be denied.


B-19 SONIA GIRON

Sonia Giron, a former Police Officer with Jersey City, represented by Ciro A. Spina, III, Esq., seeks enforcement of the settlement in In the Matter of Sonia Giron (MSB, decided September 6, 2006), with respect to admitting her to the Jersey City Police Academy.

ACTION: The Merit System Board referred the matter to the Office of Administrative Law for a hearing and assessed a fine in the amount of $1,000.

B-20 MARK CIASTON

Mark Ciaston, a Fire Captain, City of Jersey City, represented by Benjamin Benson, Esq., requests reconsideration of the Merit System Board decision In the Matter of Mark Ciaston (MSB, decided December 6, 2006), which found that the appointing authority had presented a sufficient basis to bypass his name on the promotional eligible list for Chief of Fire Apparatus UFD (PM1605F), City of Jersey City.

ACTION: The Merit System Board denied the request for reconsideration.

B-21 FRED HARRINGTON

The appointing authority petitions the Merit System Board for reconsideration of the final decision rendered on June 21, 2006, which granted sick leave injury (SLI) benefits to Fred Harrington, a Senior Correction Officer at Northern State Prison, Department of Corrections.

ACTION: The Merit System Board denied the request for reconsideration.


B-22 RAYMOND LAPOINT

Raymond LaPoint, a Correction Sergeant with East Jersey State Prison, Department of Corrections, of his 10-day suspension, on charges, was before Administrative Law Judge Imre Karaszegi, Jr., (ALJ), who rendered his initial decision on March 13, 2007. At its meeting on April 25, 2007, the Merit System Board did not adopt the ALJ's recommendation to dismiss the charges. Rather, the Board ordered the matter be remanded to the Office of Administrative Law. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the decision.

B-23 JOHN SIMURDA

The appeal of John Simurda, a Safety Specialist 1 with the Motor Vehicle Commission, of his seven-day suspension, on charges, was heard by Administrative Law Judge Imre Karaszegi, Jr., (ALJ) who rendered his initial decision on March 5, 2007. At its meeting on April 25, 2007, the Merit System Board did not adopt the ALJ's recommendation to modify the seven-day suspension to a three-day suspension. Rather, the Board upheld the seven-day suspension. The proposed final decision is now submitted for the Board's review.

ACTION The Merit System Board adopted the final decision.

B-24 JUDITH ABRAMSOHN

Judith Abramsohn 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 from the promotional examination for Administrative Analyst 3 (PS8828G), Department of Environmental Protection.

ACTION: The Merit System Board directed that this appeal be granted.

B-25 JOSEPH L. ADAIR, JR.

Joseph L. Adair, Jr., appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, he was below the minimum requirements in experience for the promotional examination for Relocation Officer (PM1392H), City of Elizabeth.

ACTION: The Merit System Board directed that this appeal be granted.

B-26 CHRISTINE ALLEN

Christine Allen 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 Assistant Administrative Analyst (PC1499G), Ocean County Board of Taxation.

ACTION: The Merit System Board directed that this appeal be denied.

B-27 CAROL BOVE

Carol Bove 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 (PS9028T), Department of Transportation.

ACTION: The Merit System Board directed that this appeal be granted.

B-28 RICHARD BURGOS

Richard Burgos appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Administrative Analyst 2, Fiscal Management (PS8829G), Department of Environmental Protection.

ACTION: The Merit System Board directed that the appeal be denied but referred the classification of the appellant's position to the Division of State Human Resource Management for review.

B-29 JEFFREY A. COURTNEY AND BRODERICK FLEMING

Jeffrey A. Courtney and Broderick Fleming, represented by Charles E. Schlager, Jr., Esq., appeal the determinations of the Division of Selection Services that they did not meet the eligibility requirements for the promotional examination for Battalion Fire Chief (PM3598G), City of Plainfield. This matter was held over from the October 4, 2006 Merit System Board meeting for clarification.

ACTION: The Merit System Board directed that these appeals be denied.


B-30 SHARON CUFFEE

Sharon Cuffee appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Administrative Clerk (PM0795H), Winslow Township.

ACTION: The Merit System Board directed that this appeal be granted.

B-31 JAMAR A. HEARNS, ET AL.

Jamar A. Hearns, Detria James-Cornick, and Shakera J. Hilton appeal the determination of the Division of Selection Services which found that they did not meet the experience requirements for the open competitive examination for Employment Specialist (C1458H), County of Essex.

ACTION: The Merit System Board directed that these appeals be denied.

B-32 ROBERT KILMURRAY

Robert Kilmurray 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 Training Officer, Law Enforcement (C6775H), Monmouth County.

ACTION: The Merit System Board directed that this appeal be denied.

B-33 DAVID KOREY

David Korey 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 Supervising Public Safety Telecommunicator (M1369H), North Brunswick Township.

ACTION: The Merit System Board directed that this appeal be granted.


B-34 CAROL LICURSI AND EULOGIA TREDINNICK

Carol Licursi and Eulogia Tredinnick appeal the determination of the Division of Selection Services which found that, per the substitution clause, they were below the minimum requirements in experience for the promotional examination for Administrative Assistant 3 (PS1476G), Department of Environmental Protection.

ACTION: The Merit System Board directed that these appeals be granted.

B-35 GABRIEL MANZO

Gabriel Manzo 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 open competitive examination for Management Assistant (M6372H), Jersey City.

ACTION: The Merit System Board directed that this appeal be denied.

B-36 AHMAD S. MCDOUGLE

Ahmad S. McDougle appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the open competitive examination for Field Representative, Housing (Housing Assistance Program) (S0557H), Department of Community Affairs.

ACTION: The Merit System Board directed that this appeal be granted.

B-37 TAMMY SCHAAB

Tammy Schaab appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the promotional examination for Administrative Secretary (PC0618G), Atlantic County.

ACTION: The Merit System Board directed that this appeal be granted.


B-38 JAMES WATKINS

James Watkins appeals the determination of the Division of Selection Services which found that he was not eligible for the open competitive examination for Communications Officer (M1536J), City of Newark, because his application was postmarked after the closing date of the examination announcement.

ACTION: The Merit System Board directed that this appeal be granted.

B-39 SHANIQUE REID

Shanique Reid appeals the administration of the written portion of the open competitive examination for Fire Fighter (M9999H0, various lists.

ACTION: The Merit System Board directed that this appeal be denied.

B-40 KEVIN BULLA

Kevin Bulla requests a retest for the written portion of the open competitive examination for Firefighter (M9999H), various lists.

ACTION: The Merit System Board directed that this appeal be denied.

B-41 RONALD TWITTY

Ronald Twitty requests a retest for the written portion of the open competitive examination for Firefighter (M9999H), various lists.

ACTION: The Merit System Board directed that this appeal be denied.

B-42 DANIL SOLOMATIN

Danil Solomatin requests a make-up examination for the written portion of the open competitive examination for Firefighter (M9999H), various lists.

ACTION: The Merit System Board directed that this appeal be denied.


B-43 POLICE SERGEANT (PM2622G), NEWARK

David Burgos and Carrie Reed, represented by Kenneth Del Vecchio, Esq., contend that Christopher Gialanella, represented by Vincent Scoca, Esq., and Fiore Purcell, represented by Sara Scencer McArdle, Esq., shared test answers during the administration of the promotional examination for Police Sergeant (PM2622G), Newark. Christopher Gialanella and Fiore Purcell appeal their disqualification from the promotional examination for Police Sergeant (PM2622G), Newark.

ACTION: The Merit System Board denied the request for a retest for Mr. Burgos and Ms. Reed. The Merit System Board granted a hearing regarding the allegations of cheating by Messrs. Gialanella and Purcell.

B-44 MERIT SYSTEM BOARD MINUTES

The minutes of the Merit System Board meeting of April 25, 2007 are submitted for the Board's review.

ACTION: The Merit System Board adopted the minutes of its meeting of April 25, 2007.

B-45 TYISHA BELL

Tyisha Bell, an Institutional Attendant with Salem County, requests a hearing regarding her removal, effective January 23, 2007.

ACTION: The Merit System Board granted permanent status as an Institutional Attendant, effective November 17, 1999, and granted a hearing at the Office of Administrative Law regarding the appellant's removal.

 

B-46 DARLENE GEORGE

The appeal of Darlene George, a County Correction Officer with Middlesex County, of her 35-day suspension on charges, was heard by Administrative Law Judge James W. Faison, III (ALJ), who rendered his initial decision on January 26, 2007. At its meeting on April 25, 2007, the Merit system Board did not adopt the ALJ's recommendation to modify the 35-day suspension to a three-day suspension. Rather, the Board upheld the 35-day suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Rolando Torres, Jr. (Abstained)
Flavella Branham (Yes)
John Currie (Yes)
Margaret E. L. Howard (Yes)
Robert J. Long (Yes)

B-47 VIRIGINIA MILLER

The appeal of Virginia Miller, a Senior Counselor, Penal Institution with the Hudson County Department of Corrections, of her 60-day suspension effective February 28, 2005 on charges, was heard by Administrative Law Judge Barry E. Moscowitz (ALJ), who rendered his initial decision on March 8, 2007. At its meeting on April 25, 2007, the Merit System Board did not adopt the ALJ's recommendation to modify the 60-day suspension to a 15-day suspension. Rather, the Board upheld the 60-day suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.


B-48 TRAVIS JAMES PARKER

The appeal of Travis James Parker, a Human Services Assistant with Woodbine Developmental Center, Department of Human Services, of his resignation not in good standing effective October 16, 2005, was before Administrative Law Judge W. Todd Miller (ALJ), who rendered his initial decision on March 13, 2007. At its meeting on April 25, 2007, the Merit System Board (Board) did not adopt the ALJ's recommendation that the appellant be resigned not in good standing. Rather, the Board dismissed the appellant's appeal without prejudice based on his failure to appear at his scheduled hearing. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.
B-49 KEITH RICCIARDI

The appeal of Keith Ricciardi, a Police Sergeant with West Milford Township, of his 20-day suspension beginning November 13, 2005 on charges was heard by Administrative Law Judge (ALJ) J. Howard Solomon, who rendered his initial decision on March 22, 2007. At its meeting on April 25, 2007, the Merit System Board did not adopt the ALJ's recommendation to uphold the 20 working day suspension. Rather, the Board increased the penalty to a six-month suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-50 CHRISTOPHER BORK

The Borough of Stanhope requests relaxation of N.J.A.C. 4A:4-7.1A(c) so as to permit the intergovernmental transfer of Christopher Bork from the title of Sheriff's Officer, Sussex County Sheriff's Office, to the title of Police Officer, Borough of Stanhope.

ACTION: The Merit System Board granted the request.


B-51 EARLY SETTLEMENTS

Samuel Bryant
Trenton Psychiatric Hospital
Department of Human Services
Suspension

Regina Difiore
County of Burlington
Department of Public Safety
Suspension

Luis Rios
Edna Mahan Correctional Facility
Department of Corrections
Suspension.

ACTION The Merit System Board acknowledge the settlements.

There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, May 23, 2007 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

______________________________
ROLANDO TORRES, JR.
COMMISSIONER
MERIT SYSTEM BOARD

 

 
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