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

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Hope L. Cooper, Chairperson
Flavella Branham
John Currie
Margaret E.L. Howard

A regular meeting of the Civil Service Commission was held on Wednesday, September 16, 2009, in Trenton, New Jersey.

PRESENT: Hope L. Cooper, Chairperson, Members Flavella Branham, John Currie and Margaret E. L. Howard; Pamela Ullman, Deputy Attorney General; Henry Maurer, Director, Division of Merit System Practices and Labor Relations.

In accordance with L.1975, c.231, Hope L. Cooper, 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 November 17, 2008, 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 Saramma Anil
Greystone Park Psychiatric Hospital
Department of Human Services
Removal

In the Matter of Ronald Arnold
Montclair State University
Removal

In the Matter of Susan Bilder
Monmouth County
Department of Human Services
Return to previously held permanent title at the end of the working test period

In the Matter of Brian Byrnes
Borough of Roselle
Police Department
Suspension

In the Matter of Philip Delpalazzo
New Jersey State Prison
Department of Corrections
Removal

In the Matter of Robert Emmett
West New York
Department of Parks and Public Property
Removal

In the Matter of Pamela Hill
Union County
Department of Correctional Services
Suspension

In the Matter of Tammy Mazza
Cumberland County
Cumberland Manor
Removal

In the Matter of Lita Mc Phail-Roye
Judiciary, Essex Vicinage
Removal

In the Matter of Karen Pierce
Judiciary, Monmouth Vicinage
Suspension

In the Matter of Victor Ransom
Hudson County
Department of Corrections
Suspension

In the Matter of Dominique Reyes
Northern State Prison
Department of Corrections
Resignation not in good standing

In the Matter of Naomi Taylor
Hunterdon Development Center
Department of Human Services
Removals (2)

In the Matter of Markquies Wardlow
City of Newark
Department of Neighborhood and Recreational Services
Removal

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

ACTION: The Civil Service Commission acknowledged the settlements which the exception of Robert Emmett, which was held over.

A-2 SERGIO DONA

Sergio Dona, County Correction Officer, Camden County, Department of Corrections, 20-working day suspension on charges of neglect of duty and violation of rules regarding conduct and security.

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

ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to uphold the 20-working day suspension.

A-3 JOSHUA FELDMAN

Joshua Feldman, County Correction Sergeant, Hudson County, Department of Corrections, 20-working day suspension on charges of neglect of duty, insubordination, conduct unbecoming a public employee and other sufficient cause.

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

ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to uphold the 20-working day suspension.

A-4 LOUIS MIGLIORINO

Louis Migliorino, County Correction Officer, Hudson County, Department of Corrections, 15-working day suspension on the charge of neglect of duty and 30-working day suspension on charges of insubordination and neglect of duty.

Recommendation of the Administrative Law Judge - Grant the appointing authority's motion for summary decision and dismiss the appeal as untimely.

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


A-5 KIMBERLY TOMES

Kimberly Tomes, Communications System Technician 2, New Jersey State Police, Department of Law and Public Safety, 30-working day suspension on charges of conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Modify the 30-working day suspension to a 10-working day suspension.

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

A-6 CARL A. TURNER

Carl A. Turner, Chief Engineer, City of Plainfield, Department of Public Works and Urban Development, demotion in lieu of layoff appeal effective May 11, 2007 for reasons of economy and efficiency and 30-day suspension on charges of incompetency, inefficiency or failure to perform duties, insubordination and neglect of duty.

Recommendation of the Administrative Law Judge - Grant motion to dismiss appeal for failure to appear.

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

A-7 EDITH VOLPE

Edith Volpe, Principal Clerk Bookkeeper, State Parole Board, good faith layoff appeal effective June 20, 2008 for reasons of economy and efficiency.

Recommendation of the Administrative Law Judge - Uphold the layoff.

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


A-8 ROBERT A. ANDREWS

Robert A. Andrews, Police Lieutenant, Township of Berkeley, Police Department, removal effective December 7, 2005, on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-9 MICHELLE DAVIS

Michelle Davis, Police Officer, City of Newark, Police Department, removal effective December 5, 2007, on charges of conduct unbecoming a public employee, and violation of Police Department rules regarding criminal law, conduct in public and private, association with the criminal element, report of crime, knowledge of crime, and responsibility for own actions.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-10 DANIEL DOYLE

Daniel Doyle, Laborer, Middlesex County, Department of Public Works, removal effective July 8, 2008, on charges of failure to follow the call-out policy 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 DENNIS HARGROVES

Dennis Hargroves, Counselor, Adolescent Unit, Atlantic County, Department of Human Services, removal effective March 5, 2009, on charges of incompetency, inefficiency or failure to perform duties, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-12 JOSEPHINE MEDINA

Josephine Medina, Cottage Training Technician, New Lisbon Developmental Center, Department of Human Services, removal effective February 4, 2008, on charges of physical abuse of a client, mistreatment of a patient and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-13 VANESSA WARREN

Vanessa Warren, Senior Correction Officer, Northern State Prison, Department of Corrections, 45-working day suspension on charges of conduct unbecoming a public employee, leaving assigned work area without permission, creating a danger to person or property, neglect of duty and violation of a rule, regulation, policy, procedure or administrative decision.

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

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

A-14 ARNALDO LOPEZ, JR.

The appeal of Arnaldo Lopez, Jr., Police Officer, Brick Township, removal effective May 23, 2008, on charges, was heard by Administrative Law Judge Jeff S. Masin (ALJ), who rendered his initial decision on August 28, 2009. However, prior to the matter being presented to the Civil Service Commission for a final administrative determination, the ALJ filed a request to have the matter remanded to the Office of Administrative Law for further proceedings. The proposed decision is now submitted for your review.

Recommendation of the Administrative Law Judge - Reverse the removal

ACTION: The Civil Service Commission rejected the initial decision, remanded the matter to the OAL and adopted the written decision.

A-15 SETTLEMENTS

In the Matter of Dawn Giddens
Mercer County
Department of Public Safety
Fine

In the Matter of Lisa Robinson
Passaic County
Sheriff's Department
Suspension

RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE - ACKNOWLEDGE THE SETTLEMENTS

ACTION: The Civil Service Commission acknowledged the settlements.


SECTION B - MISCELLANEOUS MATTERS

B-1 LAVADA B. DALE

Lavada B. Dale appeals her rejection as a County Correction Officer candidate by Hudson County and its request to remove her name from the eligible list for County Correction Officer (S9999H) 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-2 BRUCE MOBLEY

Bruce Mobley appeals his rejection as a Fire Fighter candidate by Pleasantville and its request to remove his name from the eligible list for Fire Fighter (M2388H) 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-3 DIMITRA ZIAKOS

Dimitra Ziakos appeals her rejection as a County Correction Officer candidate by Essex County and its request to remove her name from the eligible list for County Correction Officer (S9999H) 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-4 MARIE BATRONI-ST. JEAN

Marie Batroni-St. Jean, a Human Services Technician with Greystone Park Psychiatric Hospital, Department of Human Services, represented by Marshall L. Gates, Esq., appeals the denial of sick leave injury (SLI) benefits.

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


B-5 RENEE BONNER

Renee Bonner, a Senior Correction Officer with South Woods State Prison, Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-6 KELLY GASPARI

Kelly Gaspari, a Senior Correction Officer with the Garden State Reception and Youth Correctional Facility, Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-7 JERRY HEAD

Jerry Head, a Senior Correction Officer with Northern State Prison, Department of Corrections, represented by Daniel Geddes, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-8 GEORGE MILLAN

George Millan, an Institutional Trade Instructor 2, Cooking, with Garden State Reception and Youth Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-9 WILLIAM BROWN

William Brown appeals the decision of the Division of Local Human Resource Management, which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Sheriff's Officer (S9999H), Burlington County based on falsification of his preemployment application.

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

B-10 WILLIAM BROWN

Willingboro appeals the decision of the Division of Local Human Resource Management which found that the appointing authority had not presented a sufficient basis to remove William Brown's name from the eligible list for Police Officer (S9999H), Willingboro based on a failure to complete preemployment processing. William Brown appeals the appointing authority's request to remove his name from the eligible list for Police Officer (S9999H), Willingboro on the basis of falsification of his preemployment application.

ACTION: The Civil Service Commission directed that Willingboro's appeal be granted, William Brown's appeal be denied, and ordered that his name be removed from the Police Officer (S9999H) eligible list.

B-11 DONALD NESBITT

Delanco requests that a certification be issued from the eligible list for Police Sergeant (PM2578J), in order to effectuate the permanent appointment of Donald Nesbitt.

ACTION: The Civil Service Commission granted the request.

B-12 CHANDA J. PINKNEY

Chanda J. Pinkney appeals the decision of the former Division of State Human Resource Management, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Parole Officer Recruit (S2049H), State Parole Board eligible list on the basis of falsification of her employment application.

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

B-13 IBN AKBAR RICHARDSON

Ibn Akbar Richardson appeals the decision of the Division of State Human Resource Management, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9999H), Department of Corrections eligible list on the basis of falsification of his employment application and an unsatisfactory background report. The appellant also requests additional relief regarding his restoration to the Police Officer (S9999H), Newark eligible list.

ACTION: The Civil Service Commission directed that the appeal and the request be granted.

B-14 COORDINATOR, COMMUNITY HEALTH SERVICES (M0405K), NEWARK

The matter of whether Newark should be granted permission not to make an appointment from the October 20, 2008 certification for Coordinator, Community Health Services (M0405K) 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-15 COORDINATOR OF SCHEDULING, RECREATIONAL ACTIVITIES (M0043K), NEWARK SCHOOL DISTRICT

The matter of whether the Newark School District should be granted permission not to make an appointment from the September 8, 2008 certification for Coordinator of Scheduling, Recreational Activities (M0043K) 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-16 MAINTENANCE REPAIRER (M6341H), DEPTFORD TOWNSHIP

The appointing authority's failure to dispose of the certification for Maintenance Repairer (M6341H), Deptford Township, 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 properly dispose of the outstanding certification and pay compliance costs.

B-17 PRINCIPAL TRAINING TECHNICIAN, COMPUTER TECHNOLOGY (S6846G), OFFICE OF INFORMATION TECHNOLOGY

In In the Matter of Principal Training Technician, Computer Technology (S6846G), Office of Information Technology (MSB, decided august 9, 2006), the Merit System Board granted the request of the Office of Information Technology (OIT) for an appointment waiver for the March 17, 2006 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, OIT did not utilize the eligible list and the matter of the assessment of costs is now before the Civil Service Commission.

ACTION: The Civil Service Commission assessed selection costs in the amount of $8,285.


B-18 SENIOR DATA CONTROL CLERK (SPECIAL RE-EMPLOYMENT LIST) AND (M6362H), NEWARK

The Division of Local Human Resource Management requests that Newark be ordered to return the September 29, 2008 certification for Senior Data Control Clerk (Special Re-employment List) and (M6362H) for proper disposition.

ACTION: The Civil Service Commission ordered the appointing authority to properly dispose of the certification and pay compliance costs in the amount of $500.

B-19 MARILYN HILL

Marilyn Hill, a former Family Service Specialist 1 with the Department of Children and Families, appeals the determination of the Chief of Staff, which found that the appellant failed to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.

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

B-20 TONI CHAPMAN

Toni Chapman appeals the determination of the Division of State Human Resource Management that her position is properly classified as a Travel Coordinator, Law and Public Safety. The appellant seeks an Administrative Analyst 3 classification in this proceeding.

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

B-21 LINDA COCHRAN

Linda Cochran appeals the determination of the Division of Local Human Resource Management that her position is properly classified as a Senior Clerk Typist. The appellant seeks a Legal Secretary or Word Processing Operator classification in this proceeding.

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

B-22 MARIE MILLS-ROGERS

Marie Mills-Rogers appeals the decision of the Division of State Human Resource Management that the proper classification of her position is Personnel Assistant 2. The appellant seeks a Personnel Assistant 1 classification in this proceeding.

ACTION: The Civil Service Commission directed that this appeal be denied but referred the matter of Ms. Mills-Rogers' classification since June 6, 2009 to the Division of State and Local Operations for further review.

B-23 JAMES D'ANDREA AND BRIAN WOLPERT

James D'Andrea, represented by Colin M. Lynch, Esq., and Brian Wolpert, appeal the decisions of the Acting Director of the Division of Selection Services, postponing the 2009 examination for Police Captain, Union City, to 2010 and consequently granting Union City's request to extend the current eligible list for Police Captain (PM3570H), Union City, for one year to February 21, 2011.

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

B-24 FRANCESCO GRUPICO AND ROY MCLEOD

Francesco Grupico and Roy McLeod, County Correction Officers with Burlington County, represented by Charles J. Sciarra, Esq., request counsel fees in accordance with the Merit System Board decision, In the Matter of Francesco Grupico and Roy McLeod (MSB, decided December 5, 2007).

ACTION: The Civil Service Commission directed that this appeal be granted in part and that Charles J. Sciarra, Esq. and his associate receive counsel fees at an hourly rate of $125.00 for a total of $7,000.00.


B-25 WANDA WILCHER

Wanda Wilcher, a County Correction Officer with Cumberland County, represented by Brian E. Jacobs, Esq., seeks Civil Service Commission resolution of a dispute concerning back pay.

ACTION: The Civil Service Commission awarded back pay in the amount of $6,944.65.

B-26 THERESA MOLLOT

Theresa Mollot, a Judiciary Clerk 4 with the Judiciary, Monmouth Vicinage, represented by Alan Kaufman, Staff Representative, CWA District 1, petitions the Civil Service Commission for reconsideration of the final administrative decision, rendered on June 5, 2009, in which the Director of the Division of Merit System Practices and Labor Relations denied her request for a hearing with respect to her demotion.

ACTION: The Civil Service Commission denied the request.

B-27 NICOLE BALDWIN

The appeal of Nicole Baldwin, a County Correction Officer with Mercer County, of her fine of $2,920.50 (equal to 10 days' pay), on charges, was heard by Administrative Law Judge Donald J. Stein (ALJ), who rendered his initial decision on April 21, 2009. At its meeting on August 19, 2009, the Civil Service Commission (Commission) adopted the ALJ's recommendation to uphold the discipline. However, the Commission did not adopt the ALJ's recommendation to uphold the form of the penalty. Rather, the Commission ordered that a 10-day suspension be imposed. The proposed final decision is now submitted for the Commission's review.

ACTION: The Civil Service Commission adopted the final decision.
VOTE: Hope L. Cooper (Yes)
Margaret E. L. Howard (Abstained)
Flavella Branham (Yes)
John Currie (Yes)


B-28 KASON CHEEKS

The appeal of Kason Cheeks, a Police Officer with Newark, of his removal, effective November 3, 2008, on charges, was heard by Administrative Law Judge Sandra Ann Robinson (ALJ), who rendered her initial decision on June 2, 2009 and her amended decision on June 18, 2009. At its meeting on August 19, 2009, the Civil Service Commission (Commission) affirmed the recommendation of the ALJ to dismiss the charges related to engaging in outside employment without notice and approval. However, the Commission did not adopt the ALJ's recommendation to dismiss the charges related to engaging in outside employment while on sick leave and the charge of falsification and to reverse the removal. Rather, the Commission ordered that these charges be remanded to the Office of Administrative Law for further proceedings. The proposed decision is now submitted for the Commission's review.

ACTION: The Civil Service Commission adopted the decision.
VOTE: Hope L. Cooper (Yes)
Margaret E. L. Howard (Abstained)
Flavella Branham (Abstained)
John Currie (Yes)

B-29 GENIA HALL

The appeal of Genia Hall, a Residential Living Specialist with the Vineland Developmental Center, Department of Human Services, of her 10-working day suspension beginning September 23, 2008, on charges was heard by Administrative Law Judge W. Todd Miller (ALJ), who rendered his initial decision on July 31, 2009. At its meeting on September 2, 2009, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation to modify the suspension to a reprimand. Rather the Commission modified the penalty to a five-working day suspension. The proposed final decision is now submitted for the Commission's review.

ACTION: the Civil Service Commission adopted the final decision.
VOTE: Hope L. Cooper (Yes)
Margaret E. L. Howard (Yes)
Flavella Branham (Abstained)
John Currie (Yes)

B-30 JOSE ALMONTE, ET AL.

Jose Almonte, Shauna Barber, Roberta Blumberg, Ruth Caporizzo, Frederick Claps, Joseph Fabrizi, Urban Giardino, Amy Knapp, and Raul Ramos appeal the determinations of the Division of Selection Services which found that they did not meet the experience requirement or that per the substitution clause for education, they did not meet the experience requirement for the open competitive examination for Field Representative, Housing (Housing Assistance Program) (S0111L), Department of Community Affairs.

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

B-31 ERNEST J. BIRCH AND JANET PARROTTA

Ernest J. Birch and Janet Parrotta appeal the determinations of the Division of Selection Services which found that they did not meet the requirements for the promotional examination for Assistant Chief, Data Processing Operations (PS3927K), Department of Human Services.

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

B-32 SANDRA BYARD, ET AL.

Sandra Byard and Richard Royle appeal the determinations of the Division of Selection Services which found that they were below the minimum requirements in experience for the promotional examination for Assistant County Park Superintendent (PC1872K), Monmouth County. Jeffrey Szalc appeals the determination of Selection Services which found that he was below the minimum requirements in education for the promotional examination for Assistant County Park Superintendent (PC1872K), Monmouth County.

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


B-33 JOHN COFFMAN AND JAMES DAVIS

John Coffman and James Davis appeal the determinations of the Division of Selection Services which found that, per the substitution clause for education, they were below the minimum requirements in experience for the promotional examination for Supervisor of Professional Residential Services (PS5092K), Woodbine Developmental Center.

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

B-34 KENNETH OLSEN

Kenneth Olsen 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 County Park Superintendent (PC1872K), Monmouth County.

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

B-35 JOSEPH SMITH, ET AL.

Joseph Smith (PM2516K), Ewing; Michael DiFabio (PM2539K), Newark; and David Smith (PM2555K), Scotch Plains; appeal the determinations of the Division of Selection Services which found them ineligible for the promotional examination for Police Lieutenant due to untimely applications.

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

B-36 MATTHEW STILLWELL

Matthew Stillwell appeals his ineligibility for Police Officer, Township of Lakewood.

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


B-37 TAUHIDAH THOMPSON

Tauhidah Thompson appeals the determination of the Division of Selection Services which found that she did not meet the requirements for the open competitive examination for Habilitation Plan Coordinator (S0021L).

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

B-38 ANA TORNESSI-JOO

Ana Tornessi-Joo appeals the determination of the Division of Selection Services which found that she was not eligible for the open competitive examination for Human Services Specialist 1, Bilingual in Spanish and English (C0095L), Morris County.

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

B-39 MARVIN WHITE

Marvin White appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, he was below the minimum requirements in experience for the promotional examination for Supervisor of Professional Residential Services (PS0592K), Woodbine Developmental Center.

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

B-40 VICTORIA YANG-LIU

Victoria Yank-Liu appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the qualifying examination for Administrative Analyst 4, Department of Health and Senior Services.

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


B-41 FRANICS PALMISANO

Francis Palmisano appeals his oral scores of the promotional examination for Fire Chief (PM3566K), Hoboken.

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

B-42 WILLIAM SMITH

William Smith appeals his oral scores of the promotional examination for Police Chief (PM3509K), Pompton Lakes and requests an examination review.

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

B-43 PETER LAMBERT, ET AL.

Peter Lambert (PM2600K), Jersey City; Robert Henderson ((PM2628K), Plainfield; and Matthew Benus (PM2631K), Saddle Brook; appeal the determinations of the Division of Selection Services which found that them ineligible for the promotional examination for Police Sergeant due to untimely applications.

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

B-44 CHARLES BEIDEMAN, ET AL.

Charles Beideman, Willie Bonds, Damion Carmichael, Jeffrey Crothers, Howard Dircks, Daniel Errickson, David Flickinger, Karen Grier, Justin Lilla, Randy Lindaberry, Christopher Longo, Brian McGowan, Lee Middleton, Patrick Nogan, Michael Shabbick, Tracy Shimonis, Calvin Spires, Benjamin Szuba and Michael Tarulli appeal the promotional examination for Correction Lieutenant (PS1419I), Department of Corrections.

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


B-45 RICHARD COLABELLI, ET AL.

Richard Colabelli, Angelica Cortinas and Anthony DeMeo (PX2664K), Essex County; and Brendan Weber (PC2665K), Hudson County; appeal the promotional examination for Sheriff's Officer Lieutenant (various jurisdictions).

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

B-46 MATTHEW VOGEL, ET AL.

Matthew Vogel (PC2671K), Hudson County; Marco Catania and William O'Donnell (PC2672K), Passaic County; and Nakera Sherman and Frank DePalma (PC2674K), Union County; appeal the promotional examination for Sheriff's Officer Sergeant (various jurisdictions).

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

B-47 JOSEPH HADFIELD

Joseph Hadfield appeals the denial of his request for a makeup examination for Fire Officer 2 (PM3504L), Jersey City.

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

B-48 RICHARD MUSSO

Richard Musso appeals the decision of the Division of Selection Services denying his request for a make-up examination for Police Captain (PM3536K), Jersey City.

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

B-49 NICOS DOUDOULAKIS

The Acting Director, Division of State and Local Operations, on behalf of Essex County, requests that Nicos Dourdoulakis' out-of-title work experience be accepted to qualify him for a demotional title change to Public Works Repairer.

ACTION: The Civil Service Commission granted the request.

B-50 RAUL DEHOGUES

The Division of Selection Services, on behalf of the Motor Vehicle Commission, requests that the provisions of N.J.A.C. 4A:4-1.1(c) be relaxed in order to allow Raul Dehogues to be provisionally appointed, pending promotional examination procedures, to the competitive title of Telecommunications Systems Analyst 3.

ACTION: The Civil Service Commission granted the request.

B-51 TIMOTHY J. ENDERSON

Timothy J. Enderson requests that the provisions of N.J.A.C. 4A:4-7.1A(a) be relaxed in order to extend the 90 day time frame in which Monmouth County Correction Officer displaced by a reduction in force effective May 1, 2009 can participate in the Intergovernmental Transfer Program.

ACTION: The Civil Service Commission denied the request.


B-52 RECENT COURT DECISIONS

Submitted for the Commission's review are summaries of recent court decisions involving Merit System Board and Civil Service Commission determinations in In the Matter of Michael Brown (Appellate Division, decided 7/16/09); In the Matter of Vineland City School District Vacation Leave Entitlements (Appellate Division, decided 7/22/09); In the Matter of James Liik, et al., v. NJDOP, et al. (Appellate Division, decided 7/23/09); In the Matter of Roy Riggins, Department of Public Works, County of Middlesex (Appellate Division, decided 7/23/09); In the Matter of Donald Michelson, Department of Public Safety, City of Union (Appellate Division, decided 7/28/09); In the Matter of Eddie Gonzalez, Police Department, City of Newark, (Appellate Division, decided 7/31/09); and In the Matter of Juan Melendez (Appellate Division, decided 8/17/09).

ACTION: The Civil Service Commission noted the decisions.

B-53 CIVIL SERVICE COMMISSION MEETING MINUTES

The minutes of the Civil Service Commission meeting of September 2, 2009 are submitted for adoption.

ACTION: The Civil Service Commission adopted the minutes of its meeting of September 2, 2009.
VOTE: Hope L. Cooper (Yes)
Margaret E. L. Howard (Yes)
Flavella Branham (Abstained)
John Currie (Yes)

B-54 VETERANS SERVICE OFFICER 2 (S3052J)

The Department of Military and Veterans Affairs requests that the eligible list for Veterans Service Officer 2 (S3052J) be revived and extended for one year beyond its original expiration date.

ACTION: The Civil Service Commission granted the request.

B-55 PATRICIA LIGHTSEY

Patricia Lightsey appeals the decision of the Director of Human Resources with the Civil Service Commission that the proper classification of her position is Human Resource Consultant 5. The appellant seeks a Manager classification in this proceeding.

ACTION: The Civil Service Commission directed that this appeal be denied.
VOTE: Hope L. Cooper (Abstained)
Margaret E. L. Howard (Yes)
Flavella Branham (Yes)
John Currie (Yes)

B-56 JOINT ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST - JAMES GILLEECE AND ROBERT REISS, UNION TOWNSHIP AND UNION TOWNSHIP V. PBA LOCAL 69

Administrative Law Judge (ALJ) Richard McGill issued an Order of Consolidation and Predominant Interest in In the Matters of James F. Gilleece, Police Sergeant (PM2563G), Union Township, and Robert Reiss, Police Lieutenant (PM2638G), Union Township and Union Township v. PBA Local 69. Based on the ALJ's Order, the Civil Service Commission and the Public Employment Relations Commission developed a Joint Order. The proposed Order is now submitted for the Commission's adoption.

ACTION: The Civil Service Commission adopted the joint order.

B-57 VALERIE BRADBURY

The appeals of Valerie Bradbury, a Police Officer with Newark, of her 1) two removals, effective February 12, 3008, on charges, 2) 30-day suspension and 3) three-day suspension were heard by Administrative Law Judge Gail M. Cookson (ALJ), who rendered here initial decision on June 26, 2009. At its meeting on September 2, 2009, the Civil Service Commission (Commission) adopted the ALJ's recommendation to reverse the two removals and the three-day suspension. However, the Commission did not adopt the ALJ's recommendation to modify the 30-day suspension to a six-month suspension. Rather, the Commission upheld the 30-day suspension. The Commission also awarded partial counsel fees. The proposed decision is now submitted for the Commission's review.

ACTION: The Civil Service Commission adopted the decision.
VOTE: Hope L. Cooper (Yes)
Margaret E. L. Howard (Yes)
Flavella Branham (Abstained)
John Currie (Yes)

B-58 HELEN FORD

The appeal of Helen Ford, a County Correction Sergeant with Hudson County, of her removal, effective March 29, 2006, on charges, was heard by Administrative Law Judge Barry N. Frank (ALJ), who rendered his initial decision on June 5, 2009. At its meeting on September 2, 2009, the Civil Service Commission (Commission) adopted the ALJ's recommendation to dismiss the charges and reverse the removal. The proposed decision is now submitted for the Commission's review.

ACTION: The Civil Service Commission adopted the decision.
VOTE: Hope L. Cooper (Yes)
Margaret E. L. Howard (Yes)
Flavella Branham (Abstained)
John Currie (Yes)


B-59 SUZANNE STARR

The appeal of Suzanne Starr, a Public Safety Telecommunicator with Camden County, of her 90 working day suspension on charges, was heard by Administrative Law Judge Susan M. Scarola (ALJ), who rendered her initial decision on July 27, 2009. At its meeting on September 2, 2009, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation to modify the 90 working day suspension to a 60 working day suspension. Rather, the Commission upheld the 90 working day suspension. The proposed final decision is now submitted for the Commission's review.

ACTION: The Civil Service Commission adopted the final decision.
VOTE: Hope L. Cooper (Yes)
Margaret E. L. Howard (Yes)
Flavella Branham (Abstained)
John Currie (Yes)

B-60 EDELMIRO GARCIA

Edelmiro Garcia appeals his oral scores of the promotional examination for Police Chief (PM3577K), Hoboken.

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

B-61 ADALBERTO RODRIGUEZ, ET AL.

Adalberto Rodriguez, Michael Davis and Justin Savino appeal their seniority scores on the promotional examination for Fire Officer 1 (PM2567J), Jersey City.

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

B-62 RAYNARD ADAMS

Raynard Adams appeals the test administration of the oral examination for Battalion Fire Chief (PM3506L), Newark.

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

B-63 EARLY SETTLEMENT

Chuka Ezendokwere
Department of Labor and Workforce Development
Release at the end of the working test period

ACTION: The Civil Service Commission acknowledged the settlement.

There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, October 7, 2009, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
Hope L. Cooper
Chairperson
Civil Service Commission

 

 
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