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

 [Printable PDF Format]

Margaret E.L. Howard, Presiding
Flavella Branham
John Currie
Robert Long

A regular meeting of Civil Service Commission was held on Wednesday July 16, 2008, in Trenton, New Jersey.

   PRESENT: Margaret E. L. Howard, Presiding Member; Commission Members Flavella Branham, John Currie and Robert J. 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, Presiding Member Margaret E.L. Howard, opened the meeting with the following statement:

Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on November 21, 2007, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.


STATE

The Civil Service Commission 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 Thomas Allegretta

   Borough of Fairview

   List Bypass

   In the Matter of Danielle Benjamin

   Judiciary, Essex Vicinage

   Removal

   In the Matter of Kimblin Cowins

   County of Morris

   Release at the end of the working test period

  

   In the Matter of Thomas Delloiacovo

   City of Newark

   Police Department

   Removal

   In the Matter of Damaris Febus

   City of Newark

   Police Department

   Suspension

In the Matter of Jessica Lopez

New Lisbon Developmental Center

Department of Human Services

Removals (2)

In the Matter of James Magee

Township of Deptford

Department of Public Safety

Suspension

In the Matter of Jana Mylott

Juvenile Justice Commission

Release at the end of the working test period

In the Matter of Khalid Smith

Greystone Park Psychiatric Center

Department of Human Services

Suspension

   In the Matter of Natek Tyner

   Department of Children and Families

   Release at the end of the working test period

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

  

   ACTION:   The Civil Service Commission acknowledged the settlements.

A-2   GEORGE AHERNS

George Aherns, County Correction Sergeant, County of Hudson, Department of Corrections, 10-day suspension on charges of insubordination, conduct unbecoming a public employee, neglect of duty, incompetency, inefficiency or failure to perform duties and other sufficient cause and a 20-day suspension on charges of insubordination, conduct unbecoming a public employee, neglect of duty and other sufficient cause.

 

Recommendation of the Administrative Law Judge - Modify the 10-day suspension to a 30-day suspension and reverse the 20-day suspension.

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

A-3   MICHAEL DAVINO

Michael Davino, Crew Supervisor Mechanic, Department of Transportation, return to formerly held permanent title at the end of the working test period.

Recommendation of the Administrative Law Judge - Grant a new working test period.

 

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

A-4    WILLIAM FITZGERALD

  

William Fitzgerald, Guard, Division of State Police, Department of Law and Public Safety, 45-day suspension on charges of neglect of duty and other sufficient cause and removal effective September 5, 2006 on the charge of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the 45-day suspension and removal.

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

A-5   DAVID MORAN (CONSOLIDATION)

David Moran, Police Officer, Nutley Township, appealed the bypass of his name on the Police Sergeant (PM3229S) eligible list. David Moran also appealed a ten-day suspension on the charge of failure to pay just debts.

Recommendation of the Administrative Law Judge - Uphold the list bypass and the ten-day suspension.

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

A-6   YVONNE PINCKNEY

Yvonne Pinckney, Technical Assistant 1, Department of Treasury, return to formerly held permanent title at the end of the working test period effective June 26, 2007.

Recommendation of the Administrative Law Judge - Grant a new working test period.

ACTION:   The Civil Service Commission directed that this matter be held    over.

A-7   SHIRLEY SHAY

Shirley Shay, Bus Operator, Sussex County, Department of Health and Human Services, 90-working day suspension on charges of misuse of public property, including motor vehicles and other sufficient cause.

Recommendation of the Administrative Law Judge - Modify the 90-working day suspension to a 30-working day suspension.

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

A-8   GLADYS BELL

Gladys Bell, Judiciary Clerk 3, Judiciary, Essex Vicinage, removal effective September 11, 2006, on charges of unfitness for duty, insubordination, and inability to perform duties.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-9   YVONNE BUNDY

Yvonne Bundy, Institutional Attendant, Salem County, Nursing and Convalescent Home Department, removal effective December 19, 2007, on charges of conduct unbecoming a public employee and other sufficient cause.

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

ACTION:   The Civil Service Commission modified the recommendation of    the Administrative Law Judge to uphold the removal.

A-10   CLARENCE HAYWARD

Clarence Hayward, Laborer, City of Newark, Water and Sewer Utilities Department, removal effective December 28, 2007, on charges of inability to perform duties, 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-11   STEPHANIE SANTIAGO

Stephanie Santiago, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal effective June 27, 2005, on charges of conduct unbecoming a public employee, neglect of duty, falsification and violation of a policy.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-12   DARIOUS SMITH

Darious Smith, Police Officer, City of Newark, Police Department, removal effective June 29, 2006 on charges of conduct unbecoming a public employee, insubordination, and violation of Police Department rules regarding, inter alia, conduct in public and private, demonstration of respect, language, police image, bound by duty, acts or omissions, public disparagement, and acts of insubordination.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-13   JOHN TEGANO AND PATRICK FLYNN

John Tegano and Patrick Flynn, Senior Correction Officers, Garden State Correctional Facility, removals effective January 17, 2006 and January 19, 2006 respectively, on charges of conduct unbecoming a public employee, physical or mental abuse of an inmate, patient, client, resident or employee, inappropriate physical contact or mistreatment of an inmate, patient, client, resident or employee and neglect of duty.

Recommendation of the Administrative Law Judge - Reverse the removal of John Tegano and uphold the removal of Patrick Flynn.

ACTION:   The Civil Service Commission directed that this matter be held    over.

A-14   SETTLEMENTS

In the Matter of James Harris

Trenton Psychiatric Hospital

Department of Human Services

Suspension

In the Matter of Yves Revet

Monmouth County

Reclamation Center

Removal

RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - ACKNOWLEDGE THE SETTLEMENTS

ACTION:   The Civil Service Commission acknowledged the settlements.

SECTION B- MISCELLANEOUS MATTERS

B-1   GERALD DANIEL

Gerald Daniel appeals his rejection as a County Correction Officer candidate by Atlantic County and its request to remove his name from the eligible list for County Correction Officer (S9999F) on the basis of medical unfitness to perform effectively the duties of the position.

ACTION:   TheCivil Service Commissiondirectedthatthis appeal be    granted.

B-2   MILAGROS ACEVEDO

Milagros Acevedo, a former Cottage Training Technician with Vineland Developmental Center, Department of Human Services, appeals the denial of SLI benefits.

ACTION:   TheCivil Service Commissiondirectedthatthis appeal be    granted.

B-3   FLORKENSIE ALMONOR

Florkensie Almonor, a Cottage Training Technician at Woodbridge Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

ACTION:   TheCivil Service Commissiondirectedthatthis appeal be    granted.

B-4   JOSEPH CALDERONE

Joseph Calderone, a Truck Driver, Single Axle, with the Department of Transportation, represented by James McKenna, Esq., appeals the denial of sick leave injury (SLI) benefits.

ACTION:   TheCivil Service Commissiondirectedthatthis appeal be    granted.

B-5   ANTHONY CROSS

Anthony Cross, a Senior Correction Officer with the Department of Corrections, represented by Michael D. Brottman, Esq., appeals the denial of sick leave injury (SLI) benefits.

ACTION:   TheCivil Service Commissiondirectedthatthis appeal be    granted.

B-6   DONZELLA MEARS

Donzella Mears, a Human Services Assistant with the Vineland Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

ACTION:   TheCivil Service Commissiondirectedthatthis appeal be    granted.

B-7   WILLIAM A. MOORE

William A. Moore, a Senior Correction Officer with the Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.

ACTION:   TheCivil Service Commissiondirectedthatthis appeal be    granted.

B-8   LAURENE REUTER

Laurene Reuter, a Landscape Technician with Rowan University, appeals the denial of sick leave injury (SLI) benefits.

ACTION:   TheCivil Service Commissiondirectedthatthis appeal be    granted.

B-9   HEATH SHULAS

Heath Shulas, a Senior Correction Officer at New Jersey State Prison, Department of Corrections, represented by Frank M. Crivelli, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-10   LINDA SULLIVAN

Linda Sullivan, a Classification Officer 2 at Southern State Correctional Facility, Department of Corrections, represented by Mario A. Iavicoli, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-11   FELTON R. WHITE

Felton R. White, a Cook, 12 Months with the Department of Children and Families, appeals the denial of sick leave injury (SLI) benefits.

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

B-12   SAMUEL CLERICO

Samuel Clerico appeals the decision of the Division of Local Human Resource Management (LHRM) which upheld the appointing authority's bypass of his name on a certification for Police Sergeant (PM2617H), Somers Point, eligible list.

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

B-13   GEORGE DASH

George Dash appeals the decision of the Division of State Human Resource Management, which upheld the removal of his name from the eligible list for Correction Officer Recruit (S9999F), Department of Corrections, due to an unsatisfactory criminal record and employment record and for falsifying his employment application.

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

B-14   RONALD P. HILL, JR.

Ronald P. Hill, Jr. appeals the decision of the Division of Local Human Resource Management (LHRM) which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999H), Lakewood, on the basis of falsification of his employment application.

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

B-15   KEVIN JENNINGS

Kevin Jennings, represented by Steven P. Scheffler, Esq., appeals the decision of the Division of Local Human Resource Management (LHRM), which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Police Officer (S9999F), Atlantic City eligible list due to an unsatisfactory driving record.

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

B-16   NEELAM KHANNA

Neelam Khanna appeals the removal of her name from the eligible list for Investigator Trainee, Taxation (S0517H), Department of the Treasury, on the basis that she lacked the job requirements.

ACTION:   TheCivil Service Commissiondirectedthatthis appeal be    granted but that the certification reflect that the appellant was    reachable for appointment but that other eligibles were appointed.

B-17   JAMES MCGETTIGAN

James McGettigan appeals the determination of the Division of State Human Resource Management (SHRM) which found that his name was properly bypassed on the promotional list for Technical Library Assistant (PS4976J), Richard Stockton State College.

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

B-18   MICHAEL D. NEWMAN

Michael D. Newman, represented by Timothy J. P. Quinlan, Esq., appeals the decision of the Division of State Human Resource Management (SHRM) which removed his name from the Correction Officer Recruit (S9999H), Department of Corrections eligible list, based on an unsatisfactory employment record.

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

B-19   ADMINISTRATIVE CLERK (M1152H), IRVINGTON TOWNSHIP

The Division of Local Human Resource Management, on behalf of Irvington Township, requests that Mia Miller be allowed to submit a late application for the examination for Administrative Clerk (M1152H).

ACTION:   The Civil Service Commission granted the request.

B-20   AUDIO VISUAL SPECIALIST (M6559H), SADDLE BROOK    TOWNSHIP

The matter of whether Saddle Brook Township should be granted permission not to make an appointment from the February 26, 2007 certification for Audio Visual Specialist (M6559H0, has been referred to the Civil Service Commission for review.

ACTION:   The Civil Service Commission granted the request for an appointment waiver but assessed selection costs in the amount    of $2,048.

B-21   INDEX CLERK (M1480H) CITY OF NEWARK

The appointing authority's failure to dispose of the certification for Index Clerk (M1480H), while a provisional is serving in the title, has been referred to the Civil Service Commission for enforcement.

ACTION:   The Civil Service Commission ordered the appointing authority    to remove the provisional appointee, make an appointment from    the certification and pay compliance costs.

B-22   PRINCIPAL CLERK TYPIST (M1221H), BOROUGH OF ROSELLE

The Borough of Roselle requests permission not to make an appointment from the January 29, 2007 certification for Principal Clerk Typist (M1221H).

ACTION:   The Civil Service Commission denied the request for an appointment waiver and ordered that the certification be properly disposed of and assessed compliance costs in the amount of $500.

B-23   PRINCIPAL CLERK TYPIST (PM0690J) UNION TOWNSHIP

The appointing authority's failure to dispose of the certification for Principal Clerk Typist (PM0690J), while a provisional is serving in the title, has been referred to the Civil Service Commission for enforcement.

ACTION:   The Civil Service Commission ordered the appointing authority    to remove the provisional appointee, make an appointment from    the certification, and pay compliance costs.

B-24   PROGRAM MONITOR, (M6068J), CITY OF NEWARK

The appointing authority's failure to dispose of the certification for Program Monitor (M6068J), City of Newark, while a provisional is serving in the title, has been referred to the Civil Service Commission for enforcement.

ACTION:    The Civil Service Commission ordered the appointing authority    to remove the provisional appointee, make an appointment from    the certification, and pay compliance costs.

B-25   SUPERVISING ADMINISTRATIVE ANALYST (M3063J), CITY OF    NEWARK

The appointing authority's failure to dispose of the certification for Supervising Administrative Analyst, (M3063J), while a provisional is serving in the title, has been referred to the Civil Service Commission for enforcement.

ACTION:    The Civil Service Commission ordered the appointing authority    to remove the provisional appointee, make an appointment from    the certification, and pay compliance costs.

B-26   TECHNICAL ASSISTANT 3 (M1568J), ASBURY PARK

Asbury Park requests permission not to make an appointment from the August 21, 2007 certification for Technical Assistant 3 (M1568J).

ACTION:   The Civil Service Commission granted the request for an appointment waiver, but assessed selection costs in the amount    of $2,048.

B-27   ROBERT CIEPLENSKY

Robert Cieplensky, a Lieutenant with the Division of State Police, Department of Law and Public Safety, appeals the determination of the former First Assistant Attorney General, Office of the Attorney General, which found that the appellant failed to support a finding that he had been subjected to a violation of the New Jersey state Policy Prohibiting Discrimination in the Workplace (State Policy).

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

B-28   CHRISTOPHER JOHNSON

Christopher Johnson, a former Technical Assistant 3 with the Department of the Treasury, appeals the determination of the Affirmative Action Officer of the Treasury stating that the appellant failed to present sufficient evidence to support a finding that three of his four allegations did not constitute violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace (State Policy).

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

B-29   CLYDE NIX

Clyde Nix, a Senior Correction Officer with the Department of Corrections, appeals the determination of the Director of Equal Employment Division (EED) which found 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 (State Policy).

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

B-30   JOYCE NORELLI

Joyce Norelli, a Contract Administrator 2, Corrections with the Department of Corrections, appeals the decision of the Director of Equal Employment Division (EED), which found that the appellant failed to present sufficient evidence to support a finding that she had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace (State Policy).

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

B-31   KIMMICA PANNELL

Kimmica Pannell, a Customer Service Representative 4 with the Motor Vehicle Commission (MVC), appeals the determination of the Equal Employment Opportunity Officer of the MVC, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace.

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

B-32   BRIAN ROYSTER

Brian Royster, a Sergeant with the Division of State Police, Department of Law and Public Safety, appeals the determination of the Acting Director of the Department of Personnel's Division of Equal Employment Opportunity and Affirmative Action (EEO/AA), which found that the appellant failed to support a finding that he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace (State Policy).

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

B-33   LAURIN C. STAHL

Laurin C. Stahl, an Administrative Analyst 1 with the Department of Children and Families, appeals the determination of the Director of Administration 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 in the Workplace (State Policy). This matter was held over from the April 9, 2008 Merit System Board meeting.

ACTION:   TheCivil Service Commissiondirectedthatthis appeal be    remanded for a determination of penalty and further investigation and the remainder of the appeal be denied.

B-34   THOMAS WHITNER

Thomas Whitner, a Correction Lieutenant with the Adult Diagnostic and Treatment Center, Department of Corrections (DOC), appeals the determination of the Assistant Director, Equal Employment Division, DOC, stating that the appellant did not present sufficient evidence to support a finding that he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace (State Policy).

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

B-35   EUGENE GREINER

Eugene Greiner, a Safety Specialist 2 with the Motor Vehicle Commission, represented by Michael T. Carton, Esq., requests counsel fees in accordance with the Civil Service Commission decision rendered on June 20, 2007.

ACTION:   The Civil Service Commission awarded $9,120 in counsel fees.

B-36   MICHAEL COHEN

Michael Cohen, a former Clerk with Monmouth County, represented by Alton D. Kenney, Esq., requests that the Civil Service Commission reinstate his appeal of his resignation in good standing, effective October 12, 2007.

ACTION:   The Civil Service Commission denied the request.

B-37   CHRISTOPHER MCCARTHY

Christopher McCarthy, a former Police Officer with Wildwood, represented by Eric M. Winston, Esq., appeals his resignation in good standing.

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

B-38   DEBORAH MOORE

Deborah Moore, a Systems Analyst with Newark, represented by Estelle Flynn Lord, Esq., appeals her termination, effective September 8, 2006, without notice and an opportunity for a hearing.

ACTION:   TheCivil Service Commissiondirectedthatthis appeal be    granted.

B-39   RICHARD NICOLETTI

Parsippany-Troy Hills petitions the Civil Service Commission for a retroactive regular appointment date ads a Police Sergeant for Richard Nicoletti.

ACTION:   The Civil Service Commission granted the request.

B-40   CHRISTOPHER APPLEGATE

Atlantic City, represented by Cynthia E. Ringel, Esq., petition the Civil Service Commission for revival of the Police Lieutenant (PM3566B), Atlantic City, eligible list, in order to effectuate the terms of the settlement agreement between Christopher Applegate and Atlantic City.

ACTION:   The Civil Service Commission granted the request.

B-41   TYSHIMA HINNANT

The City of Newark, represented by Brendan Egan, Assistant Corporation Counsel, and Tyshima Hinnant, seek acknowledgement of the June 13, 2008 settlement agreement between the parties.

ACTION:   The Civil Service Commission acknowledged the settlement.

B-42   SUPERVISING BRIDGE CONSTRUCTION WORKER (PC1213J),    HUNTERDON COUNTY

Greg Badini, Branch President, Communications Workers of America, Local 1034 (Local 1034), appeals the determination of the Division of Local Human Resource Management that the promotional examination for Supervising Bridge Construction Worker (PC1213J0, Hunterdon County, was properly posted by the appointing authority.

ACTION:   TheCivil Service Commissiondirectedthatthis appeal be    granted.

B-43   UNION COUNTY PROMOTIONAL ELIGIBLE LISTS

The Acting Director of the Division of Local Human Resource Management requests that the promotional eligible lists for Senior Building Maintenance Worker (PC0244H), Recreation Maintenance Worker (PC0562J), Assistant Supervisor, Recreation Maintenance (PC1544J), Senior Tree Climber (PC1622J), Supervisor Trees (PC1639J), and Supervising Bridge Repairer (PC1626J), Union County, be cancelled due to the January 16, 2008 reorganization of the County. Additionally, the Acting Director requests the cancellation of the eligible list for Senior Counselor Penal Institution (PC0112J), Union County, due to the May 1, 2008 reorganization of the County.

ACTION:   The Civil Service Commission ordered that the eligible lists for    Senior Building Maintenance Worker (PC0244H), Recreation    Maintenance Worker (PC0562J), and Senior Counselor Penal    Institution (PC0112J), Union County, be cancelled and that the    eligible lists for Assistant Supervisor, Recreation Maintenance    (PC1544J), Senior Tree Climber (PC1622J), Supervisor, Trees,    (PC1639J), and Supervising Bridge Repairer (PC1626J), Union    County, be cancelled subsequent to a one-time certification.

B-44   KEITH BLAKE

Keith Blake, represented by Randall P. Brett, Esq., petitions the Civil Service Commission for reconsideration of the decision rendered on April 9, 2008 which found that he was below the minimum requirements in experience for the qualifying examination for Social Worker, Nursing Home, Morris County.

ACTION:   The Civil Service Commission denied the request.

B-45   BEVERLY BROADUS

Beverly Broadus, an Assistant Superintendent 1, Corrections at New Jersey State Prison, Department of Corrections, petitions the Civil Service Commission for reconsideration of the final decision, rendered on January 16, 2008, which upheld the determination of the Acting Director, Equal Employment Division (EED), that she had not been subjected to violations of the New Jersey state Policy Prohibiting Discrimination in the Workplace.

ACTION:   The Civil Service Commission denied the request.

B-46   CYNTHIA CARTER

Cynthia Carter petitions the Civil Service Commission for reconsideration of the decision In the Matter of Cynthia Carter, Senior Instructor Counselor, Readjustment Unit (PS1377K), New Lisbon Developmental Center (MSB, decided January 16, 2008) which found that she was below the minimum requirements in experience for the subject promotional examination.

ACTION:   The Civil Service Commission denied the request.

B-47   TRACY PECK

The appointing authority petitions the Civil Service Commission for reconsideration of the final decision rendered on March 26, 2008, which granted sick leave injury (SLI) benefits to Tracy Peck, a Principal Clerk Typist at Edna Mahan Correctional Facility, Department of Corrections, from June 22, 2007 to September 27, 2007.

ACTION:   The Civil Service Commission denied the appointing authority's    request and awarded the appellant with additional SLI benefits    from January 30, 2008 through May 15, 2008.

B-48   ROCCO PALMIERI

The Township of Brick, on behalf of Rocco Palmieri, petitions the Civil Service Commission for reconsideration of the decision rendered on January 31, 2007 (In the Matter of Gary Avazier, et al.), which found that he did not meet the experience requirements for the promotional examination for Assistant Supervisor, Public Works (PM0472H), Brick Township.

ACTION:   The Civil Service Commission granted the request.

B-49   CHARLOTTE PICCINETTI

Charlotte Piccinetti petitions the Civil Service Commission for reconsideration of its decision rendered on December 5, 2007 in which her appeal of scoring, validity and accommodations to the examination for Senior Management Assistant (PS2473T), Motor Vehicle Commission was denied.

ACTION:   The Civil Service Commission denied the request.

B-50   WILLIE ROWE

East Orange, represented by Tracey L. Hackett, First Assistant Corporation Counsel, petitions the Civil Service Commission for reconsideration of the final decision rendered on March 12, 2008, which reversed Willie Rowe's 59-day suspension.

ACTION:   The Civil Service Commission denied the request for reconsideration.

B-51   LILLIAN WASHINGTON

Lillian Washington petitions the Civil Service Commission for reconsideration of its decision, In the Matter of Lillian Washington (MSB, decided November 21, 2007), which found that her placement on a regular reemployment list did not mandate her automatic reemployment.

ACTION:   The Civil Service Commission denied the request for reconsideration.

B-52   BETTYE GRIFFIN-STAPLES

The appeal of Bettye Griffin-Staples, a Youth Worker with the Department of Children and Families, of her removal effective July 31, 2007, on charges, was heard by Administrative Law Judge Donald J. Stein (ALJ), who rendered his initial decision on May 27, 2008. At its meeting on June 25, 2008, the Merit System Board did not adopt the ALJ's recommendation to modify the removal to a 60-day suspension. 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:   Flavella Branham (Yes)

   John Currie   (Abstained)

   Margaret E. L. Howard (Yes)

Robert J. Long   (Yes)

B-53   BILLY GRIMSLEY

The appeal of Billy Grimsley, a Custodial Worker with the Newark School District, of his removal, effective September 7, 2007, on charges, was heard by Administrative Law Judge Sandra Ann Robinson (ALJ), who rendered her initial decision on May 30, 2008. At its meeting on June 25, 2008, the Merit System Board did not adopt the ALJ's recommendation to modify the removal to a 30-day suspension. Rather, the Board modified the penalty to a 90 working day suspension. The proposed decision is now submitted for the Board's review.

ACTION:   The Merit System Board adopted the decision.

VOTE:   Flavella Branham (Yes)

   John Currie   (Abstained)

   Margaret E. L. Howard (Yes)

Robert J. Long   (Yes)

 

B-54   JAMMAL PARHAM

The appeals of Jammal Parham, a Police Officer with Newark, of his 10-day suspension, 30-day suspension and two removals, effective January 22, 2007, were heard by Administrative Law Judge (ALJ) Jesse H. Strauss, who rendered his initial decision on May 21, 2008. At its meeting on June 25, 2008, the Merit System Board adopted the ALJ's recommendation to impose a removal on the charges underlying the two removals and 10-day suspension. In addition, the Board reversed the 30-day suspension. The proposed final decision is now submitted for the Board's review.

ACTION:   The Merit System Board adopted the final decision.

VOTE:   Flavella Branham (Yes)

   John Currie   (Abstained)

   Margaret E. L. Howard (Yes)

      Robert J. Long   (Yes)

B-55   KEVIN R. BURKE

Kevin R. Burke 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 dual title of Code Enforcement Officer/Zoning Officer (M6699J), Point Pleasant Borough.

ACTION:   TheCivil Service Commissiondirectedthatthis appeal be    granted.

B-56   JOHN P. CERQUEIRA

John P. Cerqueira appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Investigator 2, MVC (PS3055T), Motor Vehicle Commission.

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

B-57   KINNEY CLARK

Kinney Clark appeals the determination of the Division of Selection Services that he was below the minimum requirements in experience for the promotional examination for Geographic Information Systems Specialist 2 (PS6429G), Department of Environmental Protection.

ACTION:   TheCivil Service Commissiondirectedthatthis appeal be    granted.

B-58   STEPHANIE CLEGG, ET AL.

Stephanie Clegg, Jacqueline Wooten-Rose and Alfred Villalobos appeal the determinations of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Contract Administrator 1 (PS4147K), Department of Children and Families.

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

B-59   ROBERT COBB, ET AL.

Robert Cobb, Martin McNulty, and Darren Rivers appeal the decisions of the Division of Selection Services regarding the eligibility determinations of candidate for the promotional examination for Fire Officer 4 (PM3576J), City of Jersey City.

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

B-60   ERICA DAVIS

Erica Davis 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 Analyst 3 (PS3172I), State Parole Board.

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

B-61   EUGENE DECLEENE

Eugene DeCleene appeals the determination of the Division of Selection Services that he was below the minimum requirements in experience for the promotional examination for Plumber and Steamfitter (PS6751I), Mountainview Correctional Institution ( Annandale).

ACTION:   TheCivil Service Commissiondirectedthatthis appeal be    granted.

B-62   DONNA HEWITT

Donna Hewitt 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 Family Service Specialist 1 (PS6046K), Department of Children and Families.

ACTION:   TheCivil Service Commissiondirectedthatthis appeal be    granted.

B-63   JODI KERNEY

Jodi Kerney appeals the determination of the Division of Selection Services which found that she did not meet the education and experience requirements for the open competitive examination for Staff Clinical Psychologist 3 (Mental Health Services) (S6943J), Statewide.

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

B-64   DEBRA LUKOWICZ

Debra Lukowicz appeals the decision of the Division of Selection Services which found that, per the substitution clause for education, she did not meet the experience requirements for the open competitive examination for Senior Public Information Assistant (S6940J), Statewide.

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

B-65   FRANK MCGAUGHRAN

Frank McGaughran appeals the decision of the Division of Selection Services which found that, per the substitution clause for education, he did not meet the experience requirements for the open competitive examination for Supervisor, Microfilm Services, State (S6944J), Department of State.

ACTION:   TheCivil Service Commissiondirectedthatthis appeal be    granted.

B-66   LORRAINE MENDOZA AND JACQUELINE WOOTEN-ROSE

Lorraine Mendoza and Jacqueline Wooten-Rose appeal the determinations of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Supervising Contract Administrator (PS4152K), Department of Children and Families.

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

B-67   KARIN MILLE

Karin Mille appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Coordinator, Primary and Preventive Health Services (PS3532H), Department of Health and Senior Services.

ACTION:   TheCivil Service Commissiondirectedthatthis appeal be    granted.

B-68   MAUREEN MINOTTI

On behalf of Maureen Minotti, Ralph Kornfeld, the Bergen County Director of Personnel 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 Personnel Assistant (PC0543J), Bergen County.

ACTION:   TheCivil Service Commissiondirectedthatthis appeal be    granted.

B-69   EDITH MOMOH

Edith Momoh 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 (PM0501J), Atlantic City.

ACTION:   TheCivil Service Commissiondirectedthatthis appeal be    granted.

B-70   LISA MONAHAN

Lisa Monahan appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Technical Assistant, Personnel (PS6769K), Department of Human Services.

ACTION:   TheCivil Service Commissiondirectedthatthis appeal be    granted.

B-71   KIMBERLY PARADY

Kimberly Parady appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Supervising Accountant (PS6291K), Department of Human Services.

ACTION:   TheCivil Service Commissiondirectedthatthis appeal be    granted.

B-72   SHARON SCHEINER

Sharon Scheiner appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Assistant Municipal Clerk (PM0642J), Fort Lee.

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

B-73   DWAND T. STEVENS

Dwand T. Stevens 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 Investigator, Public Defender (S0614J), Office of the Public Defender.

ACTION:   TheCivil Service Commissiondirectedthatthis appeal be    granted.

B-74   NATHANIEL STOKES

Nathaniel Stokes appeals the decision of the Division of Selection Services which found that, per the substitution clause for education, he did not meet the experience requirements for the promotional examination for Management Assistant (PS2365K), Ancora Psychiatric Hospital.

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

B-75   LORRAINE WEBER

Lorraine Weber appeals the decision of the Division of Selection Services which found that she did not meet the requirements for the promotional examination for the "dual" title Administrative Secretary/Office Services Manager (PC0013J), Cumberland County.

ACTION:   The Civil Service Commission directed that this appeal be    denied but referred the classification of the appellant's position    to the Division of Local Human Resource Management for    review.

B-76   CHRISTI WYANT

Christi Wyant appeals the determination of the Division of Selection Services that found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Supervisor of Patient Accounts 2 (PS3385K), Hunterdon Developmental Center.

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

B-77   WILLIAM COLLINS

William Collins appeals his score for the oral portion of the examination for Police Captain (PM3542J), Monroe Township.

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

B-78   BRUCE TWIGGS

Bruce Twiggs appeals his score for the oral portion of the examination for Police Captain (PM3546J), Ocean City.

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

B-79   STANLEY ZON

Stanley Zon appeals his score for the oral portion of the examination for Police Captain (PM3531J), Fort Lee.

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

B-80   STEVEN BROWN

The Department of Environmental Protection, on behalf of Steven Brown, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit Mr. Brown to participate in the Donated Leave Program without having completed as least one year of continuous State Service.

ACTION:   The Civil Service Commission granted the request.

B-81   DAISY STEFANOVIC

The Department of Children and Families, on behalf of Daisy Stefanovic, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit Ms. Stefanovic, who is participating in the donated leave program, to receive more than the 180 donated leave days allow to a recipient.

ACTION:   The Civil Service Commission granted the request.

B-82   STEPHEN WILLIAMS

The Department of Corrections, on behalf of Stephen Williams, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22. so as to permit Mr. Williams, who is participating in the donated leave program, to receive more than the 180 donated leave days allow to a recipient and to allow Elizabeth Robbins to donate more than 10 days to Mr. Williams.

ACTION:   The Civil Service Commission granted the request.

B-83   SHERIFF'S OFFICERS AND COUNTY CORRECTION OFFICERS    APPOINTMENTS, PASSAIC COUNTY

Various parties of the Passaic County Sheriff's Office impacted by its appointment practices petition the Civil Service Commission for review and relief: 1) The Passaic County Sheriff's Officers Policemen's Benevolent Association (PBA), Local 286 (Local 286), represented by Merick H. Limsky, Esq., appeals the decision of the Division of Local Human Resource Management (LHRM) denying its request to change the appointment dates of those Sheriff's Officers whose titles were laterally changed from County Correction Officer effective September 12, 2005; 2) Lowell T. Forbes and Todd Mitchell petition the Commission to change their appointment dates from County Correction Office to Sheriff's Officer; 3) James Elliot appeals his date of appointment to the title of County Correction Officer, Passaic County Sheriff's Office; 4) Edward Shanley, Vice President, Local 286, Passaic County Sheriff's Office, requests that County Correction Officers whose titles were laterally changed to Sheriff's Officers be permitted to return to County Correction Officer in the event of a layoff; and 5) James Racanelli petitions the Commission for reconsideration of the decision in In The Matter of Sheriff's Officers and County Correction Officers Layoff, Passaic County Sheriff's Office (MSB, decided March 26, 2880) regarding his layoff. This matter was held over from the June 25, 2008 Merit System Board meeting.

ACTION:   The Civil Service Commission directed that these appeals be    denied and denied the request for reconsideration.

VOTE:   Flavella Branham (Yes)

John Currie (Abstained)

Margaret E. L. Howard (Yes)

Robert J. Long (Yes)

B-84   MERIT SYSTEM BOARD MINUTES

The Minutes of the Merit System Board Meeting of June 25, 2008 are submitted for adoption.

ACTION:   The Civil Service Commission adopted the minutes of the    meeting of June 25, 2008.

VOTE:   Flavella Branham (Yes)

John Currie (Abstained)

Margaret E. L. Howard (Yes)

Robert J. Long (Yes)

B-85   CHARLES S. COHEN

Charles S. Cohen, a Deputy Attorney General 2 with the Department of Law and Public safety, appeals the determination of the Executive Assistant Attorney General with the Department of Law and Public Safety, stating that the appellant failed to present sufficient evidence to support a finding that he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.

ACTION:   The Civil Service Commission granted a hearing.

B-86   EARLY SETTLEMENTS

Keysha L. Batie

Woodbine Developmental Center

Department of Human Services

Removal

Lettica Burgos-Diaz

Woodbine Developmental Center

Removal

Mary C. Dominque

New Lisbon Developmental Center

Suspension

ACTION:    The Civil Service Commission acknowledged the settlements.

There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, July 30, 2008 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

___________________________________

MARGARET E. L. HOWARD

PRESIDING MEMBER

CIVIL SERVICE COMMISSION

 
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