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

 [Printable PDF Format]

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

A regular meeting of the Merit System Board was held on Wednesday June 21, 2007, in Trenton, New Jersey.

PRESENT: Chairman Rolando Torres, Jr., Merit System Board Members, John Currie, Flavella Branham, and Robert Long; Pamela Ullman, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.

In accordance with L.1975, c.231, Chairman Rolando Torres Jr., 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 8, 2006, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified.

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.

 



 

SECTION A -HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Kim T. Brown
Ancora Psychiatric Hospital
Department of Human Services
Removal

In the Matter of James Campbell
Jersey City Housing Authority
Removal

In the Matter of James Galbo
Saddle Brook
Police Department
Exam

In the Matter of Pedro Gonzalez
City of Hoboken
Department of Administration
Suspension

In the Matter Darryl Hector
City of Newark
Department of Water and Sewer Utilities
Removal

In the Matter of John Ledbetter
County of Mercer
Department of Public Safety
Suspension

In the Matter of Robert Leo
Township of Union
Department of Public Safety
Removal

Richie Lewis
New Jersey Veterans Memorial Home, Vineland
Suspension

In the Matter of Terry Lindsay
County of Burlington
Buttonwood Hospital
Suspensions (2)

In the Matter of George Marmarou
County of Union
Sheriff's Department
Suspension

In the Matter of Joseph Mastriani
County of Essex
Department of Public Safety
Removal

In the Matter of Shirley Mehaffey
Ancora Psychiatric Hospital
Department of Human Services
Suspension

In the Matter of Melvin Robinson
A.C. Wagner Youth Correctional Facility
Department of Corrections
Suspension

In the Matter of Miriam Robles
Jersey City School District
Release at the end of the working test period

In the Matter of Michael Townes
Greystone Psychiatric Hospital
Department of Human Services
Removal

In the Matter of Robert Wilson
City of Jersey City
Department of Public Works
Removal

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

ACTION: The Merit System Board acknowledged the settlements.

A-2 FIONA BLACK

Fiona Black, Human Services Assistant, Vineland Developmental Center, Department of Human Services, release at the end of the working test period effective August 1, 2006.

Recommendation of the Administrative Law Judge - Grant motion for summary decision and dismiss the appeal.

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


A-3 JAN FAASEN

Jan Faasen, County Correction Officer, County of Monmouth, Department of Corrections and Youth Services, 10-day suspension on charges of insubordination, other sufficient cause and violation of various Department rules and regulations.

Recommendation of the Administrative Law Judge - Modify the 10-day suspension to a three-day suspension.

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

A-4 EUGENE GREINER

Eugene Greiner, Safety Specialist 2, Motor Vehicle Commission, seven-day suspension on the charge of falsification.

Recommendation of the Administrative Law Judge - Reverse the seven-day suspension.

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

A-5 GEOBAHNNY MANAY

Geobahnny Manay, Senior Correction Officer, Edna Mahan Correctional Facility, Department of Correction, 20-working day suspension on charges of conduct unbecoming a public employee, violation of rules regarding personal conduct and falsification.

Recommendation of the Administrative Law Judge - Uphold the 20-working day suspension.

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to increase the penalty to a 30-working day suspension.

A-6 GIACOMO NOVIELLI

Giacomo Novielli, County Correction Officer, County of Hudson, Department of Corrections, resignation not in good standing effective July 8, 2005, on charges of insubordination, conduct unbecoming a public employee, neglect of duty, chronic or excessive absenteeism and resignation not in good standing.

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

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

A-7 JEFFREY THOMPSON

Jeffrey Thompson, Police Officer, City of Newark, Police Department, 10-day suspension on charges of violation of Department rules and regulations regarding conduct, loafing on duty, neglect of duty and disobedience of orders.

Recommendation of the Administrative Law Judge - Dismiss the appeal.

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

A-8 BRUCE WOODFORD

Bruce Woodford, Project Engineer Local Aid, Department of Transportation, return to formerly held permanent title of Principal Engineer Transportation, effective August 7, 2004 at the end of the working test period.

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

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


A-9 PHILLIP BOONE

Phillip Boone, Senior Medical Security Officer, Anne Klein Forensic Psychiatric Hospital, Department of Human Services, removal effective February 16, 2006, on the charge of physical abuse of a patient.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-10 DARRYL GATEWOOD

Darryl Gatewood, Electrician, Greystone Park Psychiatric Hospital, Department of Human Services, two removals effective February 17, 2006, on charges of insubordination and neglect of duty, which could result in danger to persons/property.

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

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a four-month suspension.

A-11 PAUL LARKIN

Paul Larkin, Police Officer, Township of Lower, Police Department, removal effective October 28, 2005, on charges of conduct unbecoming a public employee, and violation of various Police department rules regarding obedience to laws and regulations, standard of conduct, and administrative misconduct.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-12 LINUS ONOKOGU

Linus Onokogu, Family Service Worker, County of Essex, Department of Citizen Services, removal effective September 26, 2005, on charges of conduct unbecoming a public employee, neglect of duty, and violation of County policies and procedures.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-13 VICTOR PECORELLA

Victor Pecorella, Senior Correction Officer, Mountainview Youth Correctional Facility, Department of Corrections, removal effective March 23, 2006, on charges of conduct unbecoming a public employee and use, possession or sale of any controlled dangerous substance.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-14 RACHEL WAGNER

Rachel Wagner, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal effective November 29, 2005, on charges of physical abuse of an employee and conduct unbecoming a public employee.

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

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to increase the penalty to a 30-day suspension.

A-15 JANIKA WHITE (REMAND)

Janika White, Juvenile Detention Officer, County of Passaic, Department of Youth Services, removal effective immediately, on the charge of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Reverse the removal.

ACTION: The Merit System Board reversed the recommendation of the Administrative Law Judge to uphold the removal.
VOTE: Rolando Torres, Jr. (Yes)
Flavella Branham (Yes)
John Currie (Abstained)
Margaret E. L. Howard (Yes)
Robert J. Long (Yes)

SECTION B -MISCELLANEOUS MATTERS

B-1 EDUARDO AVELLANET

Eduardo Avellanet appeals his rejection as a Parole Officer Recruit, Bilingual in Spanish and English, candidate by the State Parole Board and its request to remove his name from the eligible list for Parole Officer Recruit, Bilingual in Spanish and English (S2036E) 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-2 IVETTE M. CALO

Ivette M. Calo, represented by Paul W. Bergrin, Esq., appeals her rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove her name from the eligible list for Correction Officer Recruit (S9999F) 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-3 KAREN DRAGONETTI

Karen Dragonetti, represented by Stephen B. Hunter, Esq., appeals her rejection as a Sheriff's Officer candidate by the County of Ocean and its request to remove her name from the eligible list for Sheriff's Officer (S9999F) 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-4 SHAWN J. MCCABE

Shawn J. McCabe, represented by James P. Swift, Esq., appeals his rejection as a Police Officer candidate by the City of Atlantic City and its request to remove his name from the eligible list for Police Officer (S9999F) 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-5 DAVID ORTIZ

David Ortiz, represented by Stephen B. Hunter, Esq., appeals his rejection as a Police Officer candidate by the City of Jersey City and its request to remove his name from the eligible list for Police Officer (S9999F) 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 MICHAEL PATTERSON

Michael Patterson, represented by James P. Swift, Esq., appeals his rejection as a Police Officer candidate by the City of Atlantic City and its request to remove his name from the eligible list for Police Officer (S9999F) 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-7 WILLIAM J. TANSEY, JR.

William J. Tansey, Jr., represented by Riley E. Horton, Jr., Esq., appeals his rejection as a Fire Fighter candidate by the City of Jersey City and its request to remove his name from the eligible list for Fire Fighter (M2286E) 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 ALLISON JILL WRAY

Allison Jill Wray, represented by Benjamin Benson, Esq., appeals her rejection as a Police Officer candidate by the Township of Berkeley and its request to remove her name from the eligible list for Police Officer (S9999F) 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-9 BARRY DAY

Barry Day, a Senior Correction Officer with the Southern State Correctional Facility, 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.

B-10 DAVID JONES

David Jones, a Senior Correction Officer at 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 granted.

B-11 RICHARD PARSEGHIAN

Richard Parseghian, a Park Specialist II with Palisades Interstate Park Commission, represented by Charles M. Arakelian, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-12 TERESSA SCHOU

Teressa Schou, a Communications Operator with the Adult Diagnostic and Treatment Center, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-13 CHARLES VADINO

Charles Vadino, 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 denied.

B-14 TAMMI WEISEL

Tammi Weisel, a Principal Clerk Typist with the Mountainview Youth Correctional Facility for Women, Department of Corrections, represented by Robert O. Yeager, Principal Staff Representative, Communications Workers of America (CWA), Local 1040, appeals the denial of sick leave injury (SLI) benefits.

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

B-15 HARRY M. HARSIN

Harry M. Harsin, represented by Benjamin Benson, Esq., appeals the bypass of his name on the Police Lieutenant (PM2567F), Borough of Belmar eligible list.

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

B-16 WILLIAM OAKLEY

William Oakley appeals the decision of the Division of Human Resource Information Services to remove his name from the County Correction Officer (S9999D), Passaic County, eligible list due to an unsatisfactory background.

ACTION: The Merit System Board directed that this appeal be granted but that the appellant's name be recorded as bypassed for appointment on the list for County Correction Officer (S9999D), Passaic County.
VOTE: Rolando Torres, Jr. (Yes)
Flavella Branham (Yes)
John Currie (Abstained)
Margaret E. L. Howard (Yes)
Robert J. Long (Yes)

B-17 GEORGE L. URBAN

George L. Urban appeals the bypass of his name on the Sheriff's Officer Sergeant (PC2634D), Gloucester County Sheriff's Office eligible list.

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

B-18 ASSISTANT FISCAL OFFICER (M6325H), TOWNSHIP OF TEANECK

The Township of Teaneck requests permission not to make an appointment from the July 10, 2006 certification for Assistant Fiscal Officer (M6325H), Township of Teaneck.

ACTION: The Merit System Board granted the request for an appointment waiver but assessed costs.

B-19 COMPUTER OPERATOR TRAINEE (M6461H), CITY OF VINELAND

The City of Vineland requests permission not to make an appointment from the November 6, 2006 certification for Computer Operator Trainee (M6461H).

ACTION: The Merit System Board granted the request for an appointment waiver but assessed selection costs in the amount of $2,048.

B-20 SUPERVISING PROGRAM DEVELOPMENT SPECIALIST HUMAN SERVICES (S3042G), STATEWIDE

The Department of Human Services requests permission not to make an appointment from the May 30, 2006 certification for Supervising Program Development Specialist Human Services (S3042G), Statewide.

ACTION: The Merit System Board granted the request and assessed no selection costs at this time.

B-21 YVONNE BECKNER

Yvonne Beckner, a Senior Correction Officer with the Central Office, Department of Corrections (DOC), appeals the determination of the Acting Director, Equal Employment Division (EED), with the DOC stating that she failed to present sufficient evidence to support a finding that she had been subjected to a violation 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 MARLO HARRIS

Marlo Harris, a Senior Investigator Secured Facilities, with the State Parole Board, appeals the determination of the Acting Director, Division of Equal Employment Opportunity and Affirmative Action, Department of Personnel, stating that the appellant failed to present sufficient evidence to support a finding that she had been subject to a violation 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.
VOTE: Rolando Torres, Jr. (Abstained)
Flavella Branham (Yes)
John Currie (Yes)
Margaret E. L. Howard (Yes)
Robert J. Long (Yes)

B-23 ROSARIO HOROWITZ AND SUSAN RAKOCI

Rosario Horowitz, a former Senior Clerk Transcriber with the Department of Labor and Workforce Development (LWD), appeals the determination of the Commissioner of LWD, stating that Horowitz presented sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment, or Hostile Environments in the Workplace (State Policy) based on two of her claims, but not based on her remaining three allegations. Additionally, Susan Rakoci, a Manager 1, Vocational Rehabilitation Services, appeals the determination of the Commissioner of LWD, stating that there was probable cause to substantiate a finding that she violated the State Policy with regard to the complaint filed by Horowitz.

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

B-24 DONNA LEE-THOMAS

Donna Lee-Thomas, an Administrative Assistant 3 with the Board of Public Utilities, appeals the determination of the President of the Board of Public Utilities, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-25 VALERIE WOODS

Valerie Woods, an Administrative Assistant 2 with the Board of Public Utilities, appeals the determination of the Commissioner, Board of Public Utilities, stating that the appellant did not present sufficient evidence to support a finding that she had been subjected to a violation 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.

B-26 JULIAN ALVAREZ, JR.

Julian Alvarez, Jr., a former Correction Sergeant with the New Jersey State Prison, Department of Corrections, represented by William B. Hildebrand, Esq., requests reconsideration of the Merit System Board decision rendered on March 14, 2007, acknowledging the agreement between the petitioner and the Department of Corrections.

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

B-27 DEBORAH CAMA AND JOSEPH DOMAN

Deborah Cama, a County Correction Sergeant, and Joseph Doman, a County Correction Captain, with the Gloucester County Sheriff's Office, represented by Peter H. Demkovitz, Esq., request a retroactive date of appointment of June 29, 2003 to the title of County Correction Lieutenant from the County Correction Lieutenant (PC2553A), Gloucester County Sheriff's Office eligible list. Cama also appeals her non-appointment from the eligible list for County Correction Lieutenant (PC2637E), Gloucester County Sheriff's Office.

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

B-28 ROBERT W. HARTLEY

Robert W. Hartley, a former Buyer with the Newark Housing Authority, appeals the good faith of his layoff, effective February 9, 2007, and requests interim relief.

ACTION: The Merit System Board granted a hearing on the good faith layoff appeal. The Merit System Board denied the request for reinstatement pending appeal, but ordered that the appellant receive 45 days of pay.

B-29 DAVID BALDASARI

David Baldasari, represented by Dudley Burdge, Senior Staff Representative, Communications Workers of America Local 1032 (CWA), requests reconsideration of the Merit System Board decisions rendered on June 21, 2006 and December 7, 2005 which found that the promotional examination for Telecommunications Systems Analyst 1 (PS3937U), Office of Information Technology was conducted utilizing a valid test instrument.

ACTION: The Merit System Board denied the request.

B-30 DANIEL CLEMENT

Daniel Clement requests reconsideration of the final administrative determination in In the Matter of Michael Angelo, et al, Correction Sergeant (PS9154I), Department of Corrections (MSB, decided November 1, 2006).

ACTION: The Merit System Board denied the request.

B-31 JOAN DINCUFF AND HENRIETTA WILSON

Joan Dincuff and Henrietta Wilson petitions the Merit System Board for reconsideration of the decision rendered on January 17, 2007 (In the Matter of Alberto Hernandez, et al.) which found that they did not meet the experience requirements for the promotional examination for Senior Training Technician (PC0589H), Middlesex County.

ACTION: The Merit System Board granted the requests.

B-32 BARBARA MCLAUGHLIN AND JUSTIN POPE

Barbara McLaughlin and Justin Pope petition the Merit System Board for reconsideration of the decision rendered on January 17, 2007 (In the Matter of Louise Hargrove, et al.) which found that, per the substitution clause for education, they did not meet the experience requirements for the promotional examination for Administrative Analyst 4 (PS0177K), Department of Human Services.

ACTION: The Merit System Board denied the requests.

B-33 HARRY WILLIAMS

Harry Williams, a Senior Correction Officer at Northern State Prison, Department of Corrections, represented by Joseph A. Carmen, Esq., petitions the Merit System Board for reconsideration of the decision, rendered January 17, 2007, denying his request for a hearing regarding his removal, effective August 12, 2005.

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

B-34 FREDDIE B. FRAZIER

The Superior Court of New Jersey, Appellate Division, has remanded the removal effective June 13, 2001, on charges, of Freddie B. Frazier, a Senior Correction Officer with Northern State Prison, Department of Corrections, to the Merit System Board for further disciplinary proceedings as may be appropriate.

ACTION: The Merit System Board referred the matter to the Office of Administrative Law for a hearing.

B-35 LEO BOYD

The appeal of Leo Boyd, a Code Enforcement Officer with the Department of Public Works and Urban Development, City of Plainfield, of his removal, effective August 2, 2005, on charges was heard by Administrative Law Judge James A Geraghty (ALJ), who rendered his initial decision on May 4, 2007. At its meeting on June 6, 2007, the Merit System Board did not adopt the ALJ's recommendation to uphold the appellant's removal. Rather, the Board modified the removal to a release at the end of the working test period. 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. (Yes)
Flavella Branham (Yes)
Margaret E. L. Howard (Abstained)
John Currie (Yes)
Robert J. Long (Yes)

B-36 ROBBY JACKSON

The appeal of Robby Jackson, a Cottage Training Technician at North Jersey Developmental Center, Department of Human Services, of his removal, effective March 18, 2005, on charges, was heard by Administrative Law Judge (ALJ) Sandra Ann Robinson, who rendered her initial decision on December 22, 2006. At its meeting on June 6, 2007, the Merit System Board adopted the ALJ's recommendation to dismiss the charges and reverse the removal. The proposed decision is now submitted for the Board's review.

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

B-37 MARIA TORSIELLO

The appeal of Maria Torsiello, a Clerk with the Township of Sparta, of the good faith of her layoff, effective June 30, 2004, for reasons of economy and efficiency, was heard by Administrative Law Judge (ALJ) Maria Mancini La Fiandra, who rendered her initial decision on April 24, 2007, upholding the layoff. At its meeting on June 6, 207, the Board affirmed the ALJ's decision. 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. (Yes)
Flavella Branham (Yes)
Margaret E. L. Howard (Abstained)
John Currie (Yes)
Robert J. Long (Yes)

B-38 ROBIN BOULDING, ET AL.

Robin Boulding, Feliciano Del Valle, Annette Fitzsimmons, Michael Ford, Kimberly Golden, Janet B. Hochman, Margaret Kelly, Linda Mattoon, Kevin Ryan and Barry Yankosky appeal the determination of the Division of Selection Services which found that they were not eligible for the promotional examinations for Quality Assurance Coordinator (PS1378K) and (PS1379K), Department of Human Services.

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

B-39 JAMES CAMISA

James Camisa appeals the determination of the Division of Selection Services that he was below the minimum requirements in experience for the promotional examination for Chief Clerk (PC0181H), Bergen County Board of Taxation.

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

B-40 WINSTON FORTUNE, ET AL.

Winston Fortune, Charlotte Y. Prunty, and Kevin R. Shomo appeal the determination of the Division of Selection Services which found that, per the substitution clause for education, they did not meet the requirements in experience for the examination for Instructor Counselor (PS6164K), Ann Klein Forensic Center, Department of Human Services.

ACTION: The Merit System Board directed that this matter be held over.

B-41 ANITA GILANYI AND LORRAINE MOORE

Anita Gilanyi and Lorraine Moore appeal the determinations of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Secretarial Assistant 1 (Non-Stenographic) (PS0129K), Department of Human Services, Division of Medical Assistance and Health Services.

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

B-42 SHELLNADINE IRBY-BELL AND LINDA S. ROBERTS

Shellnadine Irby-Bell and Linda S. Roberts appeal the determination of the Division of Selection Services which found that they did not meet the open competitive requirements for the examination for Instructor Counselor (PS6977K), Ann Klein Forensic Center, Department of Human Services.

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

B-43 BONITA JACKSON

Bonita Jackson appeals the decision of the Division of Selection Services that found that per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Instructor Counselor (PS8540K), North Jersey Developmental Center.

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

B-44 MICHELE JOHNSON

Michele Johnson appeals the determination of the Division of Selection Services that, per the substitution clause for education, she failed to meet the experience requirements for the open competitive examinations for Management Specialist (M6435H), Newark School District, and for Senior Systems Analyst (M6595H), Newark School District.

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

B-45 BARBARA KITCHEN

Barbara Kitchen 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 Technician, Management Information Systems (PM1698H), Woodbridge Township.

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

B-46 VIRGINIA MACCHIA

Virginia Macchia appeals the decision of the Division of Selection Services which found that she did not meet the experience requirement for the promotional examination for Supervising Health Insurance Benefits Clerk (PC1134H), Department of Administration and Finance, Essex County.

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

B-47 KEVIN MACKEY

Kevin Mackey appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Municipal Recycling Coordinator (PM1319H), Borough of Lincoln Park.

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

B-48 JUDY MUSTO

Judy Musto 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 Supervising Legal Stenographer (PC1378H), Essex County.

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

B-49 CHRISTOPHER PARMANAND

Christopher Parmanand appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Principal Mail Clerk (PS2022K), Ancora Psychiatric Hospital, Department of Human Services.

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

B-50 KAREN SCHEMMER

Karen Schemmer appeals the decision of the Division of Selection Services that found that she did not meet the experience requirements for the promotional examination for Secretarial Assistant 1 (PS8666K0, Department of Children and Families.

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

B-51 TRACY HANNAH

Tracy Hannah appeals his score on the examination for Mechanic (M1499J), Lawrence Township.

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

B-52 EDWARD BANKS, ET AL.

Edward Banks, Corey Corbo, Javiel Cruz, Jerry Eagan, Carlo Hiram, Liniko LaMar, Julio Leon, Jonathan Lysiak, General McFadden, Jr., Domingo Perez, Jose Rodriguez, Hipolita Rojas Jr., Maria Rolon and Benjamin Sierra appeal the administration of the written (situational judgment video) portion of the open competitive examination for Fire Fighter (M9999H), various lists.

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

B-53 LA-KEESHA BANKSTON AND PAUL RICHMAN

La-Keesha Bankston and Paul Richman request make-up examinations for the Entry Level law Enforcement (S9999H) examination for various titles.

ACTION: The Merit System Board denied the requests.

B-54 MICHEAL GILLENS

Micheal Gillens requests a make-up examination for the promotional examination for Police Lieutenant (PM2622G), City of Newark.

ACTION: The Merit System Board denied the request.

B-55 MELVIN SMITH, ET AL.

Melvin Smith, represented by Lance P. Lopez, Sr., Executive Vice President #3, PBA Local #105, George Adams, Rudolph Buchwald, Gary Comito, Michael Melon, Omar Mendoza, Donna Scott, Cedric Seymour, Cesar Suros and Richard Vanderburgh appeal the decision of the Division of Selection Services denying their requests for make-up examinations for Correction Sergeant (PM9154I), Department of Corrections.

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

B-56 PLUTARCO FLORES AND JOSEPH MUZZILLO

The Department of Human Services (DHS) requests that the provisions of N.J.A.C. 4A:3-5.6(a)3 be relaxed in order to permit it to provide cash compensation to Plutarco Flores, an Administrator of Plant Services, and Joseph Muzzillo, an Institution Fire Chief, for their current balance of compensatory time.

ACTION: The Merit System Board denied the request.

B-57 RECENT COURT DECISIONS

Submitted for the Board's review are summaries of recent court decisions involving Merit System Board and Department of Personnel determinations.

ACTION: The Merit System Board noted the decisions.

 

B-58 PROPOSED AMENDMENTS: N.J.A.C. 4A:4-2.15, 7.1A, 7.4, 4A:6-1.2, 1.3 AND 3.5 AND 4A:8-2.4, INTERGOVERNMENTAL TRANSFER

Submitted for the Board's review and approval is a Notice of Proposal regarding amendments to N.J.A.C. 4A:4-2.15, 7.1A, 7.4, 4A:6-1.2, 1.3, and 3.5 and 4A:8-2.4, Intergovernmental Transfers. The amendments would codify P.L.2006, c77, which took effect August 2, 2006. The law requires the Commissioner of Personnel to provide by rule for the intergovernmental transfer of law enforcement officers, including sheriff's officers and county correction officers, as part of the existing Department of Personnel intergovernmental transfer program. It also requires that law enforcement officers be given the option to waive all accumulated sick leave and seniority rights so long as written consent is given by the receiving jurisdiction, the affected employee and the Department of Personnel. Finally, the law prohibits the sending jurisdiction from paying supplemental compensation for accumulated sick leave to any law enforcement officer approved for an intergovernmental transfer. It is recommended that the proposal be approved for publication in the New Jersey Register and on the Department's web site for public notice and comment.

ACTION: The Merit System Board approved the proposed amendments for publication.

B-59 MERIT SYSTEM BOARD MINUTES

The Merit System Board minutes of its meeting of June 6, 2007 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of June 6, 2007.
VOTE: Rolando Torres, Jr. (Yes)
Flavella Branham (Yes)
Margaret E. L. Howard (Abstained)
John Currie (Yes)
Robert J. Long (Yes)

B-60 JOSEPH MANDI

Joseph Mandi, a Campus Police Officer with Rowan University, represented by Joseph A. Carmen, Esq., petitions the Merit System Board for interim relief of his immediate suspension without pay, commencing on March 29, 2006.

ACTION: The Merit System Board granted back pay from April 28, 2006 through the date of this decision, or through the effective date of his forfeiture of employment If ordered by the Superior Court, which ever occurs first, and grant a hearing at the Office of Administrative Law regarding the appellant's removals.

B-61 THOMAS RICCHIUTI

Thomas Ricchiuti, a County Correction Officer with Monmouth County, represented by Charles J. Sciarra, Esq., requests counsel fees in accordance with the Merit System Board decision rendered on August 9, 2006, which reversed his 10-day suspension.

ACTION: The Merit System Board awarded $20,899.45 in counsel fees and costs.

B-62 PAUL BISHOP

The appeal of Paul Bishop, an Employment Specialist with the Department of Economic Development, Training and Employment, Essex County, of his removal, effective August 18, 2005, on charges, was heard by Administrative Law Judge James A. Geraghty (ALJ), who rendered his initial decision on March 30, 2007. At its meeting on June 6, 2007, the Merit System Board did not adopt the ALJ's recommendation to reverse the removal. Rather, the Board upheld the removal. 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. (Yes)
Flavella Branham (Yes)
John Currie (Yes)
Margaret E. L. Howard (Abstained)
Robert J. Long (Yes)

B-63 GENEVA COPES

The appeal of Geneva Copes, a Human Services Assistant with Ancora Psychiatric Hospital, Department of Human Services, of her removal, effective December 21, 2005, on charges, was heard by Administrative Law Judge (ALJ) Douglas H. Hurd, who rendered his initial decision on March 12, 2007. At its meeting on June 6, 2007, the Merit System Board ordered that the matter be remanded to the Office of Administrative Law for additional testimony. The proposed decision is now submitted for the Board's review.

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

B-64 MICHELE KARDOS

The Township of Parsippany-Troy Hills requests relaxation of N.J.A.C. 4A:4-7.1A(c) so as to permit the intergovernmental transfer of Michelle Kardos from the title of Sheriff's Officer, Middlesex County Sheriff's Office, to the title of Police Officer, Township of Parsippany-Troy Hills.

ACTION: The Merit System Board granted the request.

B-65 STATE VOLUNTARY FURLOUGH PROGRAM

The Commissioner, Department of Personnel recommends relaxation of eligibility criteria for the voluntary furlough program for the first six months of fiscal year 2008.

ACTION: The Merit System Board granted the request.

B-66 EARLY SETTLEMENTS

Nathaniel King
Greystone Park Psychiatric Hospital
Department of Human Services
Removal

Courtney Reid
Ramapo College of New Jersey
Suspension

Kelly Spicer
Juvenile Justice Commission
Department of Law and Public Safety
Removal

Lisa Troup
Woodbine Developmental Center
Department of Human Services
Suspension

ACTION: The Merit System Board acknowledged the settlements.

There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, July 11, 2007 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

______________________________
ROLANDO TORRES, JR.
COMMISSIONER
MERIT SYSTEM BOARD

 

 
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