State of New Jersey, Civil Service Commission
Governor Chris Christie • Lt.Governor Kim Guadagno
 
 
 
 
August 17, 2011

 

 [Printable PDF Format]

Robert M. Czech, Chairperson

Robert E. Brenner

Thomas J. Perna

Richard E. Williams

 

     A regular meeting of the Civil Service Commission was held on Wednesday, August 17, 2011, in Trenton, New Jersey.

 

            PRESENT: Robert M. Czech, Chairperson, Members Robert E. Brenner, Thomas J. Perna and Richard E. Williams; Pamela Ullman, Deputy Attorney General; Henry Maurer, Director, Division of Merit System Practices and Labor Relations.

 

            In accordance with L.1975, c.231, Robert M. Czech, Chairperson, opened the meeting with the following statement:

 

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

 

     All actions were by unanimous vote unless otherwise specified.

 

SECTION A - HEARING MATTERS

 

A-1      SETTLEMENTS

 

In the Matter of Charmaine Ali

Hudson County

Department of Corrections

Removal

 

In the Matter of Michael Camp

City of Atlantic City

Department of Law and Public Safety

Suspensions (3)

 

In the Matter of Phillip DiPetta

Albert C. Wagner Youth Correctional Facility

Department of Corrections

Removal

 

In the Matter of Gina Fritts

North Jersey Developmental Center

Department of Human Services

Removal

 

In the Matter of Charlotte Holland

Woodbine Developmental Center

Department of Human Services

Removal

 

In the Matter of Kevin Johnson and Louis Wohltman

City of Newark

Police Department

Suspensions

 

In the Matter of Deborah Johnson-McCall

Atlantic County

Department of Human Services

Removal

 

In the Matter of John McKenna

Department of Children and Families

Resignation not in good standing

 

 

In the Matter of Janet Medlin

Edna Mahan Correctional Facility

Department of Corrections

Removals

 

In the Matter of Gerald Stewart

Borough of Red Bank Housing Authority

Removal

 

In the Matter of Tabatha Vincent

Ocean County

Sheriff's Department

Suspension and Demotion

 

In the Matter of Donna Zier

Township of North Brunswick

Department of Public Safety

Removal

 

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

 

ACTION:       The Civil Service Commission acknowledged the settlements with the exception of Deborah Johnson-McCall which was held over.

 

A-2      ALONZO CUMBERLANDER

                                                                            

Alonzo Cumberlander, Senior Correction Officer, Northern State Prison, Department of Corrections, 120 working day suspension on charges of conduct unbecoming a public employee, other sufficient cause, violation of administrative procedure and/or regulations involving safety and security, and violation of a rule, regulation, policy, procedure, order or administrative decision.

 

Recommendation of the Administrative Law Judge - Uphold the 120 working day suspension.

 

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

 

 A-3      PASSAIC COUNTY CIVILIAN EMPLOYEES 2008 LAYOFFS

    

Luz Garcia, et al., Passaic County, Sheriff's Office, appeal the good faith of their layoffs effective July 7, 2008, for reasons of economy and efficiency.

 

Recommendation of the Administrative Law Judge - Uphold the layoffs.

 

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

 

A-4      CATIANNA AUGUSTIN AND CYNTHIA ALLEN (CONSOLIDATION)

 

Catianna Augustin and Cynthia Allen, Cottage Training Technicians, North Jersey Developmental Center, Department of Human Services, removals effective March 17, 2008, on the charge of physical abuse of a client.

 

Recommendation of the Administrative Law Judge - Reverse the removals.

 

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

 

A-5      AUGYANNA FACEY

 

Augyanna Facey, Cottage Training Technician, North Jersey Developmental Center, Department of Human Services, removal effective May 14, 2009, on charges of physical abuse of a client, mistreatment of a client, violation of a rule, regulation, or policy, conduct unbecoming a public employee and other sufficient cause.

 

Recommendation of the Administrative Law Judge - Reverse the removal.

 

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

 

 

A-6      JON K. GRUBB

 

Jon K. Grubb, Truck Driver, Upper Township, Department of Public Works, Health and Grounds, removal effective June 15, 2005, on charges of conduct unbecoming a public employee, insubordination, failure to perform duties 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-7      MALIKAH HAMILTON (CONSOLIDATION)

 

Malikah Hamilton, Senior Correction Officer, East Jersey State Prison, Department of Corrections, 15 working day suspension and a removal effective October 26, 2010, on charges of chronic or excessive absenteeism or lateness, unsatisfactory attendance, absent from work as scheduled without permission and/or giving proper notice of intended absence.

 

Recommendation of the Administrative Law Judge - Uphold the removal.

 

It is noted that the ALJ did not address the 15 working day suspension.

 

ACTION:       The Civil Service Commission affirmed the recommendation of the Administrative Law Judge to uphold the removal.  The Commission also upheld the 15 working day suspension.

 

A-8      MARGARET NAROUSKI

 

Margaret Narouski, Senior Cottage Training Technician, New Lisbon Developmental Center, Department of Human Services, removal effective July 16, 2010, on charges of neglect of duty, incompetency or inefficiency, physical or mental abuse of a patient, individual, resident or employee, inappropriate physical contact or mistreatment of a patient, individual, resident or employee, falsification, violation or a rule, regulation, policy, procedure, order or administrative decision, conduct unbecoming a public employee and other sufficient cause.

 

Recommendation of the Administrative Law Judge - Uphold the removal.

 

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

 

A-9      BENJAMIN SMITH

 

Benjamin Smith, Head Custodian, Jersey City School District, removal effective February 20, 2009, on charges of conduct unbecoming a public employee, misuse of public property 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-10    MICHAEL TOWNES

 

Michael Townes, Sr., Senior Food Service Handler, Greystone Park Psychiatric Hospital, Department of Human Services, removal effective October 2, 2009, on charges of chronic absenteeism and being absent from work as scheduled without permission and without proper notice of intended absence.

 

Recommendation of the Administrative Law Judge - Uphold the removal.

 

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

 

A-11    IRA WILLIAMS

 

Ira Williams, Cottage Training Technician, New Lisbon Developmental Center, Department of Human Services, removal effective May 6, 2010, on charges of being absent from work as scheduled without permission and without giving proper notice of intended absence, violation of a rule, regulation, policy, procedure, order, or administrative decision, conduct unbecoming a public employee and other sufficient cause.

 

Recommendation of the Administrative Law Judge - Uphold the removal.

 

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

 

 A-12   RICHARD C. WILLIAMS, JR.

 

Richard C. Williams, Jr., Fire Fighter, City of Atlantic City, Department of Public Safety, removal effective August 12, 2010, on charges of conduct unbecoming a public employee, misuse of public property, including motor vehicles 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.

 

Agenda Item A-12 was held to be considered at the conclusion of the regular agenda.  At that time, a motion was made and seconded that the open session be recessed and that, pursuant to Section 12(b) of the Open Public Meetings Act, the Civil Service Commission entered into Executive Session for the purpose of legal advice.  The Commission subsequently reconvened the public meeting.

 

A-13    EARLY SETTLEMENTS

 

In the Matter of Winsome Buckley

Hunterdon Developmental Center

Department of Human Services

Removal

 

In the Matter of Kyle Piazza

Hunterdon Developmental Center

Department of Human Services

Suspension

 

ACTION:       The Civil Service Commission acknowledged the settlements.

 

SECTION B - MISCELLANEOUS MATTERS

 

 

B-1      The Office of Legislature Services (OLS) requests the establishment of a new unclassified title.  In accordance with N.J.S.A. 11A:3-4c, State Unclassified Service, employees in the Legislative Branch of State Government shall be in the unclassified service.

 

 

ACTION:       The Civil Service Commission directed that this request be granted.

 

 

 

 

 

B-2      The Division of State and Local Operations requests the inactivation of sixty-seven titles used in various county and municipal government jurisdictions.

 

  ACTION:       The Civil Service Commission directed that this request be granted.

 

 

B-3      The Division of State and Local Operations requests the inactivation of 11 Program Development Specialist variant titles.

 

  

ACTION:       The Civil Service Commission directed that this request be granted.

 

B-4      PEDRO CAPPAS

 

Pedro Cappas appeals his rejection as a Police Officer candidate by Trenton and its request to remove his name from the eligible list for Police Officer (S9999K) on the basis of psychological unfitness to perform effectively the duties of the position.

 

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

 

B-5      PAUL RODESKY

 

Paul Rodesky appeals his rejection as a County Correction Officer candidate by Camden County and its request to remove his name from the eligible list for County Correction Officer (S9999K) on the basis of psychological unfitness to perform effectively the duties of the position.

 

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

 

B-6      MAUREEN COLLAZO

 

Maureen Collazo, a Teacher 1, 12 Months, with Garden State Youth Correctional Facility, Department of Corrections, represented by Samuel M. Gaylord, Esq., appeals the denial of sick leave injury (SLI) benefits.

 

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

 

B-7      MARLON JORDON

 

Marlon Jordon, a former Youth Worker Supervisor 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-8      JEAN KELLY

 

Jean Kelly, an Administrative Assistant 3 with the Department of Banking and Insurance, appeals the denial of sick leave injury (SLI) benefits.

 

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

B-9      JOSEPH MARTIN

 

Joseph Martin, a Senior Parole Officer with the State Parole Board, appeals the denial of sick leave injury (SLI) benefits.

 

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

 

B-10    DARRELL MORTON

 

Darrell Morton, a Painter with Greystone Park Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

 

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

 

B-11    ABDUR AZIM

 

Abdur Azim appeals the removal of his name from the eligible list for Social Worker 1 (S0608J), Juvenile Justice Commission, on the basis of falsification of his employment application.

 

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

 

B-12    FRANK BROGDEN

 

Frank Brogden appeals the decision of the Division of State and Local Operations which upheld the removal of his name from the Correction Officer Recruit (S9999K), Department of Corrections, eligible list due to his unsatisfactory criminal record and falsification of his employment application.

 

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

 

B-13    MICHAEL RYAN

 

Michael Ryan appeals the determination of the Division of Selection Services which found him ineligible for the Entry Level Law Enforcement (S9999M) examination for various titles due to an untimely application.

 

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

 

B-14    SHARON STOW AND JENNIFER DAY

 

The Burlington County Board of Social Services appeals the determination of the Division of State and Local Operations which denied its request to remove Sharon Stow and Jennifer Day from the November 3, 2010 certification of the eligible list for Human Services Specialist 1 (C0413L) on the basis that they do not meet the announced requirements.

 

ACTION:       The Civil Service Commission directed that this appeal be granted and the names of Sharon Stow and Jennifer Day be removed from the subject eligible list.

 

B-15    ANITRA BEALS

 

Anitra Beals, a Human Services Specialist 2 with the Cumberland County Board of Social Services, appeals the bypass of her name on the June 10, 2010 certification of the Human Services Specialist 4 (PC0590L) eligible list.

 

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

 

B-16    PASQUALE ANGELASTRO

 

Pasquale Angelastro, Camden County, Public Safety and Juvenile Justice Department, petitions the Civil Service Commission for reconsideration of the decision rendered on June 1, 2011, which found that the layoff tie-breaker criteria were correctly applied.

 

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

 

B-17    SHERI BROWN, ET AL.

 

Sheri Brown, Towanna Richardson, Keisha Newell, Angel Hollaway, Sharon Smiley-McCormick, Shakima Bacon, Vanolio Deloatch, and Sandra Currais, former Clerk Typists with the Newark School District, appeal the determinations of their layoff rights by the Division of State and Local Operations (SLO).  Additionally, Keneesha Haynes, a former Data Control Clerk, Typing, and Ernette Willis-Pinkston, a former Word Processing Operator, appeal the determinations of their layoff rights by SLO.

 

ACTION:       The Civil Service Commission directed that Sharon Smiley-McCormick's appeal be granted in part and the rest of the appeals be denied.

 

B-18    TERRENCE GILLIAM

 

Terrence Gilliam, a former Social Worker with the Mercer County Board of Social Services, appeals the determination of his layoff rights by the Division of State and Local Operations.

 

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

 

B-19    RICHARD CASELLA

 

Richard Casella petitions the Civil Service Commission for reconsideration of the decision rendered on May 4, 2011, which found that his scores are correct on the promotional examination for Fire Officer 2 (PM3504L), Jersey City.

 

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

 

B-20    ROSANN D'ERRICO, ET AL.

 

The Office of the Public Defender (OPD), on behalf of Rosann D'Errico, a former Supervisor, Fiscal Accounts, Maryann Marazzo, a provisional Administrative Analyst 2, and Charlotte Nixon, a Technical Assistant 2, Treasury, requests a waiver of repayment of salary overpayments, pursuant to N.J.S.A. 11A:3-7, which provides that when an employee has erroneously received a salary overpayment, the Civil Service Commission may waive repayment based on a review of the case.  The OPD also requests that their salaries be red-circled.

 

ACTION:       The Civil Service Commission granted the request for reconsideration in part and vacated the prior determination with respect to removing the red-circle designations for Rosann D'Errico and Charlotte Nixon.  The Civil Service Commission also denied the request for a waiver of the repayment for Maryann Marazzo, but ordered that she be provisionally appointed as a Senior Buyer effective May 22, 2010.

 

B-21    JOHN FASANELLA

 

The Mercer County Office of the Sheriff and John Fasanella, represented by Charles P. Allen, Jr., Esq., seek acknowledgement of the July 21, 2011 settlement agreement between the parties.

 

ACTION:       The Civil Service Commission acknowledged the settlement.

 

B-22    TAMESHIA RUSSELL

 

Tameshia Russell, a Secretarial Assistant 1 (Non-Stenographic), represented by Daniel S. Sweetser, Esq., appeals the decision of the Motor Vehicle Commission to reassign her from the Assistant Chief Administrator's Office to the Motor Carriers Unit.

 

ACTION:       The Civil Service Commission remanded the matter to the appointing authority to either initiate disciplinary procedures or return the appellant to her prior position.

 

B-23    CATRINA WASHINGTON

 

Catrina Washington, a former Cottage Training Technician with New Lisbon Developmental Center, Department of Human Services, represented by Stephan Siegel, Esq., requests that the Civil Service Commission reinstate her appeal of her removal effective November 24, 2008, which was dismissed based on her failure to appear at her scheduled hearing.  This matter was held over from the Commission's July 27, 2011 meeting for further review.

 

ACTION:       The Civil Service Commission granted the request.

 

B-24    JOHN WOOD

 

John Wood, a Correction Sergeant, with Bayside State Prison, Department of Corrections, requests that the Civil Service Commission reinstate his appeal of his indefinite suspension pending criminal charges effective September 13, 2010, which was dismissed based on his failure to appear at his scheduled hearing.

 

ACTION:       The Civil Service Commission denied the request.

 

B-25    JOHN CAMPANILE, ET AL.

 

John Campanile, James Just and Jose Rosario appeal the determinations of the Division of Selection Services denying their requests for make-up examinations for the Entry Level Law Enforcement Examination (S9999M).

 

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

 

B-26    LAUREN BRADFORD

 

The Department of the Treasury requests that Lauren Bradford's out-of-title experience be accepted to qualify her for a prospective promotional examination for Administrative Analyst 3, Data Processing.

 

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

 

B-27    MATTHEW COHEN

 

The Department of Community Affairs requests the acceptance of out-of-title experience for Matthew Cohen to qualify him for a promotional examination for the title of Supervising Program Development Specialist, Management and Finance.

 

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

 

B-28    MICHAEL FERRARO

 

Michael Ferraro requests additional differential back pay for the duties he was performing as an Assistant Supervisor 2, Administrative Services with the Richard Stockton State College.

 

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

 

B-29    STEVE DOBROSKY AND ERIN PEEK

 

The Department of Environmental Protection requests that the provisions of N.J.A.C. 4A:4-1.1(c) be relaxed in order to allow Steve Dobrosky and Erin Peek to be provisionally appointed, pending promotional examination procedures, to the title of Heavy Equipment Operator.

 

ACTION:       The Civil Service Commission directed that this request be granted.

 

B-30    KEVIN MCGRATH

 

The Division of Selection Services, on behalf of the Department of Banking and Insurance, requests that the educational requirements for the promotional examination for Managing Examiner (PS1390L), Department of Banking and Insurance, be relaxed in order to effect Kevin McGrath's eligibility to the examination.

 

ACTION:       The Civil Service Commission directed that this request be granted.

 

B-31    JOANNE ROBINSON

 

The Motor Vehicle Commission requests that the eligible list for Administrative Analyst 2 (PS8042T) be revived to allow for the retroactive permanent appointment of Joanne Robinson, effective January 15, 2011.

 

ACTION:       The Civil Service Commission directed that this request be granted.

 

B-32    SUPERVISING DRIVER IMPROVEMENT ANALYST (PS5991T), MOTOR VEHICLE COMMISSION

 

The Motor Vehicle Commission requests that the eligible list for Supervising Driver Improvement Analyst (PS5991T) be revived in order to effectuate the permanent appointment of Dennis Maddalena.

 

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

 

B-33    ROBERT BIELSTEN

 

The City of Clifton, represented by Joseph M. Hannon, Esq., appeals the decision of the Division of State and Local Operations which found that Robert Bielsten's position is properly classified as a Police Captain.

 

ACTION:       The Civil Service Commission directed that this appeal be granted and concluded that the proper classification of Robert Bielsten's position in the Field Operations Bureau was Police Lieutenant.

 

B-34    MICHELLE CIMORELLI

 

Michelle Cimorelli appeals the decision of the Division of State and Local Operations which found that her position with the Department of the Treasury is correctly classified as Technical Assistant 1, Treasury.  The appellant seeks an Administrative Analyst 3 classification.

 

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

 

B-35    JOANN TOMARO

 

Joann Tomaro appeals the decision of the Division of State and Local Operations that the proper classification of her position with the Department of Corrections is Head Audit Account Clerk.  The appellant seeks a Supervisor of Accounts classification.

 

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

 

B-36    ACCOUNT CLERK (M1342L), LAVALLETTE

 

Lavallette requests permission not to make an appointment from the August 11, 2010 certification for Account Clerk (M1342L).

 

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

 

B-37    MANAGEMENT ASSISTANT (C1325L), HUDSON COUNTY

 

The appointing authority's failure to dispose of the certification for Management Assistant (C1325L), Hudson County, while provisionals are 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 appointees, make an appointment from the certification, and pay compliance costs.

 

B-38    PUBLIC INFORMATION ASSISTANT (C0425L), MIDDLESEX COUNTY

 

Middlesex County requests permission not to make an appointment from the January 12, 2010 certification for Public Information Assistant (C0425L).

 

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

 

 

B-39    SENIOR ACCOUNT CLERK (C1151L), BERGEN COUNTY

 

The matter of whether Bergen County should be granted permission not to make an appointment from the August 11, 2010 certification for Senior Account Clerk (C1151L) has been referred to the Civil Service Commission for review.

 

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

 

B-40    ADMINISTRATIVE ANALYST 1, DATA PROCESSING (PS5021I), DEPARTMENT OF CORRECTIONS

 

In In the Matter of Administrative Analyst 1, Data Processing (PS5021I), Department of Corrections (CSC, decided April 29, 2009), the Civil Service Commission granted the request of the Department of Corrections for an appointment waiver for the April 7, 2008 certification and ordered that no selection costs would be assessed at that time since there was a possibility that the list could be utilized prior to its expiration.  However, the appointing authority did not utilize the subject eligible list and the matter of the assessment of costs is now before the Commission.

 

ACTION:       The Civil Service Commission assessed selection costs in the amount of $1,602.

 

B-41    INSTITUTIONAL TRADE INSTRUCTOR 1, WAREHOUSING (S6955J), DEPARTMENT OF CORRECTIONS

 

In In the Matter of Institutional Trade Instructor 1, Warehousing (S6955J), Department of Corrections (CSC, decided August 19, 2009), the appointing authority's request for an appointment waiver from the June 20, 2008, certification was granted and no selection costs were assessed at that time since there was a possibility that the list could be utilized prior to its expiration.  However, the appointing authority did not utilize the subject eligible list and the matter of the assessment of costs is now before the Civil Service Commission.

 

ACTION:       The Civil Service Commission assessed partial selection costs in the amount of $4,142.50.

 

B-42    CONSTRUCTION OFFICIAL (M0043M), POINT PLEASANT BOROUGH

 

The appointing authority's failure to dispose of the certification for Construction Official (M0043M), Point Pleasant Borough, 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-43    HUMAN SERVICES SPECIALIST 1 (C0015K)

 

The Ocean County Board of Social Services requests that the eligible list for Human Services Specialist 1 (C0015K) be extended for one year beyond its original expiration date.

 

ACTION:       The Civil Service Commission directed that this request be granted.

 

B-44    VANESSA BARNES

 

Vanessa Barnes, a former Social Worker 1 with the Juvenile Justice Commission, Department of Law and Public Safety, represented by Christopher Young, Staff Representative, CWA Local 1040, appeals the determination of the Chief of Staff, Office of the Attorney General, 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-45    THOMAS LYNCH

 

The appeal of Thomas Lynch, a Police Officer with Voorhees Township Police Department, of his 70 working day suspension, on charges, was heard by Administrative Law Judge Ronald W. Reba, who rendered his initial decision on June 15, 2011.  At its meeting on July 27, 2011, the Civil Service Commission did not adopt the ALJ's recommendation to modify the 70 working day suspension to a 30 working day suspension.  Rather, the Commission upheld the 70 working day suspension.  The proposed final decision is now submitted for the Commission's review.

 

ACTION:       The Civil Service Commission adopted the final decision.

 

B-46    DEAN MANNION

 

The appeal of Dean Mannion, a Fire Fighter with North Hudson Regional Fire and Rescue, of his eight-day (24-hour tours of duty) suspension, on charges, was heard by Administrative Law Judge Michael Antoniewicz, who rendered his initial decision on June 22, 2011.  At its meeting on July 27, 2011, the Civil Service Commission did not adopt the ALJ's recommendation to modify the appellant's suspension to a six-day (24-hour tours of duty) suspension. Rather, the Commission upheld the eight-day (24-hour tours of duty) suspension.  The proposed final decision is now submitted for the Commission's review.

 

ACTION:       The Civil Service Commission adopted the final decision.

VOTE:           Robert M. Czech                   (Abstained)

                        Robert E. Brenner    (Yes)

                        Thomas J. Perna                   (Yes)

Richard E. Williams  (Yes)

 

B-47    THOMAS MITCHELL

 

The appeal of Thomas Mitchell, an Institutional Trade Instructor 2, Cooking, with Northern State Prison, Department of Corrections, of his 45 working day suspension, on charges, was heard by Administrative Law Judge Leslie Z. Celentano, who rendered her initial decision on May 23, 2011.  At its meeting on July 27, 2011, the Civil Service Commission did not adopt the ALJ's recommendation to modify the 45 working day suspension to a 15  working day suspension.  Rather, the Commission upheld the 45 working day suspension.  The proposed final decision is now submitted for the Commission's review.

 

ACTION:       The Civil Service Commission adopted the final decision.

 

B-48    MAYLANA RHODES

 

The appeal of Maylana Rhodes, a Juvenile Detention Officer with Hudson County, Department of Corrections, of her resignation not in good standing effective July 21, 2010, on charges, was heard by Administrative Law Judge Kimberly A. Moss, who rendered her initial decision on June 1, 2011.  At its meeting on July 27, 2011, the Civil Service Commission did not adopt the ALJ's recommendation to modify the resignation not in good standing to a six-month suspension.  Rather, the Commission upheld the appellant's removal.  The proposed final decision is now submitted for the Commission's review.

 

ACTION:       The Civil Service Commission adopted the final decision.

 

B-49    DWAYNE SMITH

 

The appeal of Dwayne Smith, a Senior Correction Officer at Northern State Prison, Department of Corrections, of his removal effective November 22, 2010, on charges, was heard by Administrative Law Judge Leslie A. Celentano, who rendered her initial decision on April 12, 2011.  At its meeting on July 27, 2011, the Civil Service Commission adopted the ALJ's recommendation to uphold the removal.  However, the Commission found it necessary to address the exceptions and cross exceptions filed by the parties.  The proposed final decision is now submitted for the Commission's review.

 

ACTION:       The Civil Service Commission adopted the final decision.

 

B-50    HAZEL BENJAMIN

 

Hazel Benjamin appeals the determination of the Division of Selection Services which found that, as per the substitution clause for education, she was below the minimum requirements in experience for the open competitive examination for Community Service Worker (C0004N), Ocean County.

 

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

 

B-51    ELLIOTT CLARK AND HARPREET SINGH

 

Elliott Clark and Harpreet Singh appeal the determinations of the Division of Selection Services that they lacked the required amount of permanent status in a title to which the examination is open for the promotional examination for Forensic Scientist 3, Department of Law and Public Safety (PS9104P).

 

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

 

B-52    OMAR CORDERO

 

Omar Cordero appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Equipment Operator (PM0392M), Plainfield.

 

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

 

B-53    CHARLES DISCHER

 

Charles Discher appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the promotional examination for Supervisor of Motor Pool (PC0085N), Hudson County.

 

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

 

B-54    KEVIN DORAN, ET AL.

 

Kevin Doran, Soma Rench and Mary Trongone appeal the determinations of the Division of Selection Services which found that they did not meet the experience requirements for the open competitive examination for Customer Service Representative 1 (S0756M), Statewide.

 

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

 

B-55    DANA S. FRECK

 

Dana S. Freck appeals the determination of the Division of Selection Services which found that she did not meet the requirements for the promotional examination for Manager 1, Information Processing (PS5923K), Department of Children and Families.

 

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

 

B-56    RAYMOND GRIMES, JR.

 

Raymond Grimes, Jr., 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 Section Forest Firewarden (S0070N), Department of Environmental Protection.

 

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

 

B-57    WAYNE JACOBSEN

 

Wayne Jacobsen appeals the determination of the Division of Selection Services that found that he did not meet the experience requirements for the promotional examination for Buyer (PS1408P), Division of State Police.

 

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

 

B-58    KAREN LAVELLE-JACKSON

 

Karen Lavelle-Jackson appeals the validity of the promotional examination for Paralegal Specialist (PS1109L), Gloucester County.

 

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

 

B-59    AMY LUCAS

 

Amy Lucas appeals the determination of the Division of Selection Services that she did not meet the experience requirement for the open competitive examination for Home Instructor, Commission for the Blind and Visually Impaired (S0082N), Statewide.

 

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

 

B-60    DANIEL PANARELLO

 

Daniel Panarello appeals the decision of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Management Information Systems Coordinator (PC0168N), Atlantic County.

 

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

 

B-61    KATHY RODRIGUEZ

 

Kathy Rodriguez 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 Director of Welfare (PC0774K), Cumberland County Board of Social Services.

 

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

 

B-62    GLEN SZABLEWSKI

 

Glen Szablewski appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the promotional examination for Assistant Supervisor Public Works (PM0008N), Brick Township.

 

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

 

 

B-63    JOHN ZOLDI

 

John Zoldi appeals the determination of the Division of Selection Services which found that he was below the experience requirements per the substitution clause for education for the promotional examination for Administrative Analyst 2 Data Processing (PS2325P), Department of Law and Public Safety.

 

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

 

B-64    PROPOSED AMENDMENT: N.J.A.C. 4A:3-3.9, CLASSIFICATION APPEALS

 

Submitted for the Commission's approval is a Notice of Proposal to amend N.J.A.C. 4A:3-3.9, Classification appeals.  The amendments are intended to make the classification appeal process more efficient and are based on recommendations by Kenneth Connolly, the Director of State and Local Operations.  It is recommended that this proposal be approved for publication in the New Jersey Register for public notice and comment.

 

ACTION:       The Civil Service Commission approved the proposal for publication.

 

B-65    PROPOSED AMENDMENT: N.J.A.C. 4A:2-1.5, REMEDIES

 

Submitted for the Commission's approval is a Notice of Proposal to amend N.J.A.C. 4A:2-1.5, Remedies.  The amendment would define the term "sufficient cause" in the context of determining whether a prevailing appellant may receive back pay, benefits, or counsel fees where the appeal is neither disciplinary nor concerns a layoff action done in bad faith.  Defining "sufficient cause" is necessary in the wake of the decision in In the Matter of Hearn, 417 N.J.Super. 289 (App. Div 2010), wherein the court held that the Commission's working definition of "sufficient cause" could be applied only via rulemaking, not adjudication.  It is recommended that this proposal be approved for publication in the New Jersey Register for public notice and comment.

 

ACTION:       The Civil Service Commission approved the proposal for publication.

 

B-66    PROPOSED AMENDMENT: N.J.A.C. 4A:4-2.4, PROMOTIONAL TITLE SCOPE: LOCAL SERVICE

 

Submitted for the Commission's approval is a Notice of Proposal to amend N.J.A.C. 4A:4-2.4, Promotional title scope: local service.  The amendment would make the rule parallel to N.J.A.C. 4A:4-2.5, Promotional title scope: State service, by permitting a promotional title scope in local service to be set with or without all or part of the open competitive requirements, as appropriate.  It is recommended that this proposal be approved for publication in the New Jersey Register for public notice and comment.

 

ACTION:       The Civil Service Commission approved the proposal for publication.

 

B-67    PROPOSED AMENDMENT: N.J.A.C. 4A:4-3.9, REEMPLOYMENT PROGRAM FOR CERTAIN FIREFIGHTERS

 

Submitted for the Commission's approval is a Notice of Proposal to amend N.J.A.C. 4A:4-3.9, concerning the reemployment program known as the "Rice Bill" for laid off municipal firefighters or those municipal firefighters demoted to a non-firefighting title, and laid off civilian Federal firefighters.  The amendment would codify P.L. 2010, c.43, which provides that the afore-described individuals would be eligible to participate in the Rice Bill program if the layoff or demotion, as the case may be, occurred within the last 60 months.  It is recommended that this proposal be approved for publication in the New Jersey Register for public notice and comment.

 

ACTION:       The Civil Service Commission approved the proposal for publication.

 

B-68    PROPOSED AMENDMENT: N.J.A.C. 4A:2-2.8 AND 2.13; PROPOSED FOR DELETION: APPENDICES TO N.J.A.C. 4A:2-2.8 AND N.J.A.C. 4A:2-2.13; AND PROPOSED NEW APPENDICES TO THOSE RULES (MAJOR DISCIPLINARY APPEALS OF CERTAIN CIVIL SERVICE EMPLOYEES AND REMOVAL APPEALS OF CERTAIN LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS)

 

Submitted for the Commission's approval is a Notice of Proposal to amend N.J.A.C. 4A:2-2.8 and 2.13; delete the current Appendices to N.J.A.C. 4A:2-2.8 and 4A:2-2.13; and replace them with new Appendices to those rules, concerning major disciplinary appeals of certain Civil Service employees and removal appeals of certain law enforcement officers and firefighters.  The proposed amendments would provide that an appeal may be dismissed where, after notice of and a reasonable opportunity to correct a deficiency, the appellant still fails to include the required information with his or her appeal form.  A new Appendix to N.J.A.C. 4A:2-2.8 would include a revised Major Disciplinary Appeal Form.  A new Appendix to N.J.A.C. 4A:2-2.13 would include a revised Law Enforcement Officer and Firefighter Removal Appeal Form.  It is recommended that this proposal be approved for publication in the New Jersey Register for public notice and comment.

 

ACTION:       The Civil Service Commission approved the proposal for publication.

 

B-69    CIVIL SERVICE COMMISSION MINUTES

 

Submitted for adoption are the Civil Service Commission minutes of its meeting of July 27, 2011.

 

ACTION:       The Civil Service Commission adopted the minutes of its meeting of July 27, 2011.

 

B-70    ELVIS JIMENEZ, ET AL.

 

Elvis Jimenez, represented by Catherine M. Elston, Esq., Priscilla Leon, represented by Patrick P. Toscano, Jr., Esq., and Jason Tangorra, represented by Danielle G. Miele Tangorra, Esq., appeal the decisions of the Division of State and Local Operations, which found that their names should not be placed on the Statewide Eligible List for reemployment of displaced law enforcement officers (Rice Bill list).

 

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

 

B-71    POLICE SERGEANT PROMOTIONAL EXAMINATIONS

 

The Division of Selection Services requests that N.J.A.C. 4A:4-2.6(a)2 be relaxed to allow the November 30, 2010 closing date for certain promotional examinations for Police Sergeant to be extended to November 30, 2011. 

 

ACTION:       The Civil Service Commission directed that this request be granted.

 

B-72    PHILLIP BAUKNIGHT

 

Phillip Bauknight, an Assistant Deputy Public Defender 1 with the Office of the Public Defender, appeals the denial of sick leave injury (SLI) benefits.

 

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

 

 

 

 

     There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, September 7, 2011, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

 

 
 
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