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

 [Printable PDF Format]

                                                                        

Robert M. Czech, Chairperson

Robert E. Brenner

Thomas J. Perna

Richard E. Williams

 

 

 

 

October 5, 2011

 

 

     A regular meeting of the Civil Service Commission was held on Wednesday, October 5, 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.

 

 

 WITHDRAWAL OF APPEALS

 

The following appeals were withdrawn and removed from the hearing calendar:

 

Cathryn Armbruster, Computer Operator, Township of Lower, Municipal Utilities Authority, layoff.

 

Jason Bergstrom, Fire Fighter, Hamilton Township, Fire District #7, suspension.

 

Tajuana Bray, Clerk Typist, Newark School District, layoff.

 

Luis Camacho, Parking Enforcement Officer/Parking Meter Collector, City of Hoboken, Department of Transportation and Parking, removal.

 

Starlett Canady, Supervising Juvenile Detention Officer, Hudson County, Department of Corrections, suspension and demotion.

 

Kathleen Clancy, Principal Data Entry Machine Operator, City of Wildwood, Department of Public Works and Public Property, layoff.

 

Dawn Cottrell, Senior Account Clerk, Township of Lower, Municipal Utilities Authority, layoff.

 

Patricia DeLeo, Senior Purchasing Assistant Typing, Monmouth County, Mosquito Extermination Department, removal.

 

Michael Difabio, Police Sergeant, City of Newark, Police Department, suspension.

 

Walter Lawhorn, Senior Correction Officer, Mid-State Correctional Facility, Department of Corrections, suspension.

 

Kevin Lembo, Principal Personnel Clerk, City of Long Branch, Department of Administration and Public Works and Parks, layoff.

 

Carmelo Lio, Senior Correction Officer, East Jersey State Prison, Department of Corrections, suspension.

 

Reginald McCluney, Police Officer, City of Newark, Police Department, removal.

 

Jon C. Parker, Librarian, City of Camden, Library, layoff.

 

Anthony Perillo, Deputy Police Chief, City of Newark, Police Department, suspension.

 

Keith E. Smith, Senior Electrician, Monmouth County, Department of Public Works, Buildings and Grounds, removal.

 

Gladstone Spalding, County Correction Officer, Burlington County, County Jail, suspension.

 

Clifton R. Square, Supply Support Technician 2, Department of the Treasury, removal.

 

David Stephenson, Police Officer, East Orange, Police Department, suspension.

 

Michael Tomkins, Deputy Chief of Police, City of Camden, Police Department, removal.

 

Kimberly Wallace, Police Officer, City of Trenton, Police Department, removal.

 

Richard Warren, Senior Accountant, Township of Bloomfield, Library, layoff.

 

Carolyn Young, Clerk Typist, Newark School District, layoff.

 

Dennie Young, Police Officer, City of Irvington, Police Department, suspension.

 

ACTION:       The Civil Service Commission acknowledged the withdrawals of appeals with the exception of Richard Warren, which was held over.

 

 

DISMISSAL FOR FAILURE TO APPEAR

 

The Civil Service Commission dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:

 

Cynthia Arrington, Personnel Assistant 3, Northern State Prison, Department of Corrections, suspension.

 

Tyra Bantum, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal.

 

Christopher Barrientos, et al, City of Camden, Fire Department, layoffs.

 

Eileen Boyer Durante, Graduate Nurse Public Health, Atlantic County, Department of Human Services, release at the end of the working test period.

 

Daria Johnson, Cottage Training Technician, Hunterdon Development Center, Department of Human Services, return to formerly held permanent title at the end of the working test period.

 

Charles Markey, Library Associate, City of Jersey City, Library, removal.

 

Matt Mesday and Allen Suggs, Township of Ewing, Department of Administration, Finance and Public Works, layoffs.

 

Terry Sawyer, Youth Worker, Department of Children and Families, suspension.

 

Linda Sharpe, Senior Food Service Handler, Hunterdon Developmental Center, Department of Human Services, removal.

 

Erica Sherman, Institutional Attendant, Passaic County, Preakness Hospital, suspension and removal

 

Roberta Taggart, Senior Youth Worker, Department of Children and Families, resignation not in good standing.

 

Farada Thompson, Juvenile Detention Officer, Burlington County, Juvenile Detention Department, suspension.

 

Jermaine Walker, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, resignation not in good standing.

 

Bonnie C. Hipple-Williams, Juvenile Detention Officer, Monmouth County, Department of Corrections and Youth Services, layoff.

 

ACTION:       The Civil Service Commission acknowledged the dismissals for failure to appear.

 

 

 

SECTION A - HEARING MATTERS

 

 

 

A-1      SETTLEMENTS

 

In the Matter of Ranesha Burnett

Mercer County

Department of Public Safety

Release at the end of the working test period

 

In the Matter of Ronald Gregory

Southern State Correctional Facility

Department of Corrections

Suspensions (3) and Removals (3)

 

In the Matter of Joy Hurst

Ancora Psychiatric Hospital

Department of Human Services

Suspension and Removal

 

In the Matter of Kenneth Rankin

City of Newark

Police Department

Removal

 

In the Matter of Lisa J. Rippo

Borough of Wildwood Crest

Department of Public Affairs

Layoff

 

In the Matter of Donielle Smith

Woodbine Developmental Center

Department of Human Services

Removals (2)

 

In the Matter of Shanika Smith

Woodbine Developmental Center

Department of Human Services

Removals (2)

 

In the Matter of Anderson Sotomayor

Cumberland County

Department of Emergency Services Public/Protection

Removal

 

 

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

 

ACTION:       The Civil Service Commission acknowledged the settlements.

 

 

A-2      ROBERT BITTLE

                                                                            

Robert Bittle, Code Enforcement Officer/Construction Official, Town of Newton, Department of Code Enforcement, appeals the good faith of his layoff effective July 2, 2010, 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-3      CHARLES DAVIS

    

Charles Davis, Institutional Trade Instructor 1, Industrial Finishing, Albert C. Wagner Youth Correctional Facility, Department of Corrections, 30 working day suspension on charges of insubordination and conduct unbecoming a public employee.

 

Recommendation of the Administrative Law Judge - Uphold the 30 working day suspension.

 

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

 

A-4      JAMES KERNAN

 

James Kernan, Substance Abuse Counselor 1, Hudson County, Department of Health and Human Services, 120 working day suspension on charges of conduct unbecoming a public employee, insubordination and neglect of duty.

 

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.

VOTE:           Robert M. Czech                 (Abstained)

                      Robert E. Brenner              (Yes)

                      Thomas J. Perna                (Yes)

                      Richard E. Williams            (Yes)

 

 

A-5      KENNETH LEE

 

Kenneth Lee, Police Officer, City of Newark,  Police Department, 20-day suspension on charges of violation of Police Department rules and regulations regarding conduct in public and private, conduct unbecoming a public employee and disobedience of orders.

 

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

 

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

 

A-6      FRANK YOBE

 

Frank Yobe, Institutional Trade Instructor 2, Cooking, Edna Mahan Correctional Facility, Department of Corrections, 45 working day suspension on charges of other sufficient cause and violation of a rule, policy, procedures, order 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-7      LASHAY GILLAM

 

Lashay Gillam, Human Services Assistant, Woodbine Developmental Center, Department of Human Services, removal effective January 27, 2010, on charges of conduct unbecoming a public employee, verbal abuse of a patient, client, resident, or employee, physical or mental abuse of a patient, client, resident, or employee, neglect of duty, and violation of a rule, regulation, policy, procedure, order or administrative decision.

 

Recommendation of the Administrative Law Judge - Uphold the removal.

 

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

 

 

A-8      CHERYL GOODE

 

Cheryl Goode, Account Clerk, City of Long Branch, Housing Authority, removal effective November 8, 2010, on charges of  poor work performance, failure to meet critical deadlines, neglect of duty, incompetency and failure to follow corrective plans of action.

 

Recommendation of the Administrative Law Judge - Uphold the removal.

 

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

 

A-9      STEVEN HICKMOND

    

Steven Hickmond, Human Services Assistant, Woodbridge Developmental Center, Department of Human Services, removal effective June 2, 2010, on charges of fighting and creating a disturbance on State property 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-10    MARC JONES

 

Marc Jones, Correction Sergeant, Edna Mahan Correctional Facility, Department of Corrections, removal effective March 9, 2011, on charges of conduct unbecoming a public employee and other sufficient cause.

 

Recommendation of the Administrative Law Judge - Modify the removal to a 180 calendar day suspension.

 

ACTION:       The Civil Service Commission affirmed the recommendation of the Administrative Law Judge, but imposed a six-month suspension.

 

A-11    ISAIAH KNOWLDEN

 

Isaiah Knowlden, Human Services Assistant, Trenton Psychiatric Hospital, Department of Human Services, removal effective December 2, 2009, on charges of  physical abuse of a patient, inappropriate physical contact or mistreatment of a patient, falsification, conduct unbecoming a public employee, other sufficient cause and violation of Department policy and procedure.

 

Recommendation of the Administrative Law Judge - Uphold the removal.

 

ACTION:    The Civil Service Commission modified the recommendation of the Administrative Law Judge to a six-month suspension.

 

A-12    MARK LYSZCZAK

 

Mark Lyszczak, County Correction Sergeant, Mercer County, Department of Public Safety, removal effective March 11, 2007, on charges of conduct unbecoming a public employee, other sufficient cause, violation of a rule, policy and procedures, negligence in performing duty resulting in damage to persons or property, failure to report injury, abuse or accident involving patient, resident or client, violation of administrative procedures and or regulations involving safety and security, physical or mental abuse of a patient, client, resident or employee, inappropriate physical contact or mistreatment of a patient, client, resident or employee and falsification.

 

            Recommendation of the Administrative Law Judge - Reverse the removal.

 

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

 

A-13    MARZETTIE SHAMBERGER

 

Marzettie Shamberger, Senior Correction Officer, Northern State Prison, Department of Corrections, removal effective June 3, 2010, on charges of  conduct unbecoming a public employee, other sufficient cause, neglect of duty, insubordination, and violation of a rule, regulation, policy, procedure, order, or administrative decision.

 

Recommendation of the Administrative Law Judge - Modify the removal to an official written reprimand.

 

ACTION:       The Civil Service Commission directed that this matter be held over for a testimony summary.

 

A-14    ALFRED SMALLS

 

Alfred Smalls, Senior Correction Officer, Edna Mahan Correctional Facility, Department of Corrections, removal effective December 30, 2010, on charges of 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-15    WALTER BARNES (SETTLEMENT)

    

Walter Barnes, Practical Nurse, Ancora Psychiatric Hospital, Department of Human Services, removal effective June 23, 2008 on charges of conduct unbecoming a public employee, neglect of duty, other sufficient cause, falsification and violation of a policy.  Settled to a general resignation effective June 23, 2008.

 

Recommendation of the Administrative Law Judge - Acknowledge the settlement.

 

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

 

A-16    MARC ALSTON

                  

Marc Alston, Assistant Family Service Worker 2, Department of Children and Families, removal effective March 1, 2010.

 

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

 

ACTION:    The Civil Service Commission modified the recommendation of the Administrative Law Judge and reversed the removal.

 

 

 

SECTION B - MISCELLANEOUS MATTERS

 

B-1      The Division of State and Local Operations requests making the State Medical Records Technician series common to local government and the inactivation of two local government Medical Records Technician titles.

 

 

 

 

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

B-2      The Division of State and Local Operations requests the consolidation and verbiage changes of various Laborer local government titles within Occupational Group 81 (Occupations in Infrastructure and Structural Repair and Maintenance).

 

 

 

 

 

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

 

 

B-3      The Division of State and Local Operations requests the consolidation and verbiage changes of various Meter Worker local government titles within Occupational Group 81 (Occupations in Infrastructure and Structural Repair and Maintenance).

 

 

 

 

 

 

 

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

B-4      The Division of State and Local Operations requests the consolidation and verbiage changes of various Sewer Repairer local government titles within Occupational Group 81 (Occupations in Infrastructure and Structural Repair and Maintenance).

 

 

 

 

 

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

B-5      The Division of State and Local Operations requests the consolidation and verbiage changes of various Water Repairer local government titles within Occupational Group 81 (Occupations in Infrastructure and Structural Repair and Maintenance).

 

 

 

 

 

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

 

B-6      The Division of State and Local Operations requests the title consolidation and crosswalk of incumbents in the title of Principal Investigator, Motor Carriers to the title of Supervisor 2, MVC.

 

 

 

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

 

B-7      The Division of State and Local Operations requests the creation of the Nutrition Program Specialist title series in exchange for the inactivation of six existing variant titles in the Program Development Specialist title series.

 

 

 

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

 

B-8      The Division of State and Local Operations requests the creation of a new title of Program Specialist, CBVI in exchange for the inactivation of the title of Program Development Specialist 1, CBVI.

 

 

 

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

 

B-9      JOSEPH BENNETT

 

Joseph Bennett, an Automotive Mechanic with the Department of the Treasury, appeals the denial of sick leave injury (SLI) benefits.

 

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

 

B-10    ANNE CARACAPPA

 

Anne Caracappa, a Master Probation Officer, with the Superior Court of New Jersey, Middlesex Vicinage, appeals the denial of sick leave injury (SLI) benefits.

 

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

 

B-11    VINCENT IACHETTA

 

Vincent Iachetta, a Crew Supervisor, Building Maintenance Programs with East Jersey State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

 

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

 

B-12    RASHID AHMAD

 

Rashid Ahmad, a County Correction Officer with Burlington County, represented by Mark W. Catanzaro, Esq., seeks Civil Service Commission resolution of a dispute concerning the amount of back pay and benefits due him as a result of the decision rendered on August 4, 2010, which reversed his 120-day suspension.

 

ACTION:       The Civil Service Commission directed that the appellant be awarded $19,902.86 in back pay.

 

B-13    STACEY M. BOSTON

 

Stacey M. Boston petitions the Civil Service Commission for enforcement of its January 19, 2011 decision finding her eligible for the promotional examination for Supervising Classification Officer (PS2583I), Department of Corrections.

 

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

 

B-14    JANICE LAVIN

 

Janice Lavin, Director of Welfare with the Bergen County Board of Social Services, represented by Alan Roth, Esq., petitions the Civil Service Commission for interim relief of her immediate suspension.

 

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

 

B-15    GARY GOVIER

 

Gary Govier, a former Truck Driver, Heavy with the Borough of Ringwood, 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-16    NILSA RODRIGUEZ, ET AL.

 

Nilsa Rodriguez, Joyce Bongiorno, Alexandra Brzek, Erna De Intinis, Karma Oded-Malkin, Linda Paese, Carlos Betancourt, Sandra Valenzuela, Wendy Callahan, Carlos Sinnung, Jacquelyn Foreman, Rhina Rivera, Angie Crique, Patricia Morici-Micci, Danielle Galambos, Nancy Galambos, Adriane Sweeper, Sadie Durham, Maria Cespedes, Ramona Guzman, Patricia Jackson, Maria Sosa-Eakins, Doris Vanegas, Zoe Velez, and Catherine Irizarry, represented by Lauren Sandy, Esq., appeal the determinations of their layoff rights by the Division of State and Local Operations.

 

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

 

B-17    ANTHONY BRIGGS

 

The Department of Children and Families requests that the Civil Service Commission reinstate the appeal of Anthony Briggs, a former Youth Worker, of his appeal of his 10-day suspension which was dismissed based on DCF's failure to appear at the scheduled settlement conference.

 

ACTION:       The Civil Service Commission directed that this appeal be remanded to the Office of Administrative Law.

 

B-18    MARK CANNAVO

 

Mark Cannavo appeals the decision of the Division of State and Local Operations, which removed the appellant's name from the Plumbing Subcode Official (M1353L), Fairlawn, employment list due to the appellant's failure to respond to the Certification Notice.

 

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

 

B-19    JOSEPH P. EARLY

 

Joseph P. Early, represented by Michael L. Prigoff, Esq., appeals the decision of the Division of State and Local Operations which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Correction Officer Recruit (S9999K), Department of Corrections, on the basis of an unsatisfactory criminal record.

 

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

 

B-20    DANIEL O. ESTREMERA

 

Daniel O. Estremera appeals the decision of the Division of State and Local Operations which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Correction Officer Recruit (S9999K), Department of Corrections, on the basis of an unsatisfactory criminal record.

 

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

 

B-21    JAMES FAY

 

James Fay appeals the determination of the Division of Selection Services which found him ineligible for the promotional examination for Sheriff's Officer Sergeant (PC5147M), Monmouth County due to an untimely application.

 

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

VOTE:           Robert M. Czech                 (Abstained)

                      Robert E. Brenner              (Yes)

                      Thomas J. Perna                 (Yes)

                      Richard E. Williams            (Yes)

 

B-22    CATHERINE BIONI

 

Catherine Bioni requests a make-up examination for Supervisor of Nursing (C0524M), Monmouth County.

 

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

VOTE:           Robert M. Czech               (Abstained)

                      Robert E. Brenner            (Yes)

                      Thomas J. Perna              (Yes)

                     Richard E. Williams          (Yes)

 

B-23    JONATHAN EDWARDS AND CLINTON WISNEWSKI

 

Jonathan Edwards and Clinton Wisnewski request make-up examinations for the Entry Level Law Enforcement Examination (S9999M).

 

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

 

B-24    TWANDA JONES

 

Twanda Jones requests a make-up examination for the Entry Level Law Enforcement Examination (S9999M).

 

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

 

 

B-25    CHRISTOPHER KOPF

 

Christopher Kopf appeals the determination of the Division of Selection Services denying his request for a make-up examination for the Entry Level Law Enforcement Examination (S9999M).

 

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

 

B-26    RASCHELLE WIGGINS

 

Raschelle Wiggins requests a make-up examination for Parole Officer Recruit (S0738M).

 

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

 

B-27    HERBERT DEKORTE AND DANIEL TAREKY

 

Herbert Dekorte and Daniel Tareky 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-28    ACCOUNTANT (C0383K), CAPE MAY COUNTY

 

Cape May County requests permission not to make an appointment from the November 25, 2008 certification for Accountant (C0383K).

 

ACTION:       The Civil Service Commission granted an appointment waiver and assessed partial selection costs in the amount of $1,024.

 

B-29    CLAIMS ADJUDICATOR TRAINEE, DISABILITY DETERMINATIONS (S0726M), STATEWIDE

 

The Department of Labor and Workforce Development requests that the eligible list for Claims Adjudicator Trainee, Disability Determinations (S0726M) be extended for one year beyond its original expiration date.

 

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

B-30    COMMUNITY RELATIONS SPECIALIST, BILINGUAL IN SPANISH AND ENGLISH (C0003L), HUDSON COUNTY SHERIFF'S OFFICE

 

The Hudson County Sheriff's Office requests permission not to make an appointment from the November 4, 2009 certification for Community Relations Specialist, Bilingual in Spanish and English (C0003L).

 

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

 

B-31    KEYBOARDING CLERK 4 (PC0714L), BERGEN COUNTY SHERIFF'S OFFICE

 

The Bergen County Sheriff's Office requests that the eligible list for Keyboarding Clerk 4 (PC0714L) be revived in order to effectuate the permanent appointment of Sandra DePoalo.

 

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

 

B-32    BUILDING MANAGEMENT SERVICES SPECIALIST 2 (S6988J), STATEWIDE

 

In In the Matter of Building Management Services Specialist 2 (S6988J), Statewide (CSC, decided June 10, 2009), the Civil Service Commission granted the request of the Department of Military and Veterans Affairs for an appointment waiver for the June 9, 2008 certification and ordered that no selection costs were to be assessed at that time since there was a possibility that the list could be utilized prior to its expiration since it was a Statewide eligible list.  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 $8,285.

 

 

B-33    VIOLATIONS CLERK (M1805J), MOUNT HOLLY

 

In In the Matter of Violations Clerk (M1805J), Mount Holly (CSC, decided December 17, 2008), the Civil Service Commission granted the request of Mount Holly for an appointment waiver for the February 26, 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 partial selection costs in the amount of $1,024.

 

B-34    PERSONNEL ASSISTANT 4, EMPLOYEE RELATIONS (S0615J), STATEWIDE

 

In In the Matter of Personnel Assistant 4, Employee Relations (S0615J), Statewide (CSC decided May 27, 2009), the Civil Service Commission granted the request of William Paterson University for an appointment waiver for the April 14, 2008 certification and ordered that no selection costs were to be assessed at that time since there was a possibility that the list could be utilized prior to its expiration since it was a Statewide eligible list.  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 $8,285.

 

B-35    PUBLIC INFORMATION OFFICER (SPECIAL) AND (C01307L), BERGEN COUNTY

 

The matter of whether Bergen County should be granted permission not to make an appointment from the January 28, 2011 certification for Public Information Officer (Special) and (C1307L) has been referred to the Civil Service Commission for review.

 

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

 

B-36    SECURITY GUARD (M1598C), NEWARK SCHOOL DISTRICT

 

Newark School District requests that the eligible list for Security Guard (M1598C) be revived to record the permanent appointments of Farha Sharif, Carlos Ortiz, Tamara Williams, Cleopatria Wright, Teekia Harris, Celeste Holloway, Al-Haleem Thomas, Geraldine Thompson, and Myisha Wilson effective October 18, 2004.

 

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

 

B-37    DONALD KRULEWICZ

 

Donald Krulewicz, a Supervising Investigator, Taxation with the Department of the Treasury, appeals the decision of the Equal Employment Opportunity and Affirmative Action Office, which found that the appellant failed to support a finding that he had been subjected to a violation of the New Jersey Policy Prohibiting Discrimination in the Workplace.

 

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

 

B-38    DOREEN RICCIO

 

Doreen Riccio, a Head Clerk with the Department of Children and Families, appeals the determination of the Director of Administration, which found that the appellant did not present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey Policy Prohibiting Discrimination in the Workplace.

 

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

 

B- 39   BERGEN COUNTY 2010 LAYOFFS 

 

The appeals of Robert Meluson, a former Supervising Drafting Technician, Thomas Wisse, a former Senior Engineering Aide, Lisa Lupardi, a former Fiscal Analyst, and Margaret Martini, a former Administrative Clerk, Typing, with Bergen County, of their layoffs, effective May 30, 2010, were before Administrative Law Judge Irene Jones (ALJ), who rendered her initial decision on August 5, 2011.  At its meeting on September 21, 2011, the Civil Service Commission (Commission) adopted the ALJ's recommendation to acknowledge the withdrawal of the appeals of Robert Meluson and Thomas Wisse, dismiss the appeal of Lisa Lupardi, and acknowledge the settlement agreement entered into by Margaret Martini and the appointing authority.  However, the Commission found it necessary to address the exceptions and cross exceptions.  The proposed final decision is now submitted for the Commission's review.

 

ACTION:         The Civil Service Commission adopted the final decision.

 

B-40    LARRY JOHNSON

 

The appeal of Larry Johnson, a Senior Correction Officer with Northern State Prison, Department of Corrections, of his removal effective January 14, 2011, on charges, was heard by Administrative Law Judge Evelyn J. Marose (ALJ), who rendered her initial decision on August 4, 2011.  At its meeting on September 21, 2011, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation to reverse the removal.  Rather, the Commission modified the removal to a 90 working day suspension.  The proposed decision is now submitted for the Commission's review.

 

ACTION:       The Civil Service Commission adopted the decision.

 

B-41    ALANA RUPTAK

 

Alana Ruptak petitions the Civil Service Commission for reconsideration of the decision rendered on June 15, 2011, which denied her appeal regarding her ineligibility for the open competitive examination for Habilitation Plan Coordinator (S0774M), Statewide.

 

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

 

B-42    MICHAEL WALSH

 

Michael Walsh, a Senior Correction Officer with the Central Reception and Assignment Facility, Department of Corrections, represented by Daniel Geddes, Esq., petitions the Civil Service Commission for reconsideration of the decision rendered on April 20, 2011, which found that he was correctly denied sick leave injury benefits.

 

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

 

B-43    JOSEPH MCINTYRE

 

Joseph McIntyre appeals the decision of the Division of State and Local Operations which found that his position with the City of Trenton is correctly classified as Sewage Plant Superintendant.  The appellant seeks a General Superintendent, Sewer Utility title.

 

ACTION:       The Civil Service Commission directed that this appeal be granted in part and the matter of the proper classification of Peter Lupinacci's title be referred to the Division of State and Local Operations for further review.

 

B-44    JENNIFER RYAN

 

Jennifer Ryan appeals the determination of the Division of State and Local Operations that her position in the Department of Law and Public Safety is properly classified as Accountant 3.  The appellant seeks an Accountant 2 classification.

 

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

 

B-45    GARY SANDERSON

 

Gary Sanderson appeals the decision of the Division of State and Local Operations which found that his position with the Department of Environmental Protection is properly classified as Environmental Specialist 4.  The appellant seeks a Supervising Program Development Specialist, Environmental Protection classification.

 

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

 

B-46    KARI WUDARSKI

 

Kari Wudarski appeals the determination of the Division of State and Local Operations that her position with the Department of Law and Public Safety is properly classified as an Accountant 2.  The appellant seeks an Accountant 1 classification.

 

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

 

B-47    STEPHEN ANGELUCCI, ET AL.

 

Stephen Angelucci, Alfred Adigun, Corinne DiBiasio, Sylvester Henderson, Marc Kassenoff, Michelle Kolpak and Joseph Ravipinto 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-48    ANELIA CHATTERJEE

 

Anelia Chatterjee appeals her rank and score for the open competitive examination for Librarian (M0571M), Bloomfield.

 

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

 

B-49    GENEVIEVE CLIFTON

 

Genevieve Clifton appeals the determination of the Division of Selection Services which found that she did not meet the minimum experience requirements for the promotional examination for Manager 2, Department of Transportation Policy Capital Programs and Authorities (PS7547T).

 

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

 

 

B-50    BETH CLINK-CAHILL AND MARK GECHTBERG

 

Beth Clink-Cahill and Mark Gechtberg appeal the determinations of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Program Development Specialist 1 Mental Health Services (PS9559K), Greystone Park Psychiatric Hospital.

 

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

 

B-51    ELEANOR L. COUPE, ET AL.

 

Eleanor L. Coupe, Raymond G. Moody, and Jennifer L. Pohl appeal the determinations of the Division of Selection Services which found that they did not meet the requirements for the open-competitive examination for Program Support Specialist 3, Assistance Programs (S0769M).

 

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

 

B-52    MICHELLE DEFRANCIS

 

Michelle DeFrancis appeals the determination of the Division of Selection Services that she did not meet the experience requirement for the promotional examination for Purchasing Agent (PM0183N), Jackson.

 

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

 

B-53    JACQUELINE DENNIS

 

Jacqueline Dennis appeals the determination of the Division of Selection Services that she did not meet the experience requirement for the promotional examination for Manager, Animal Control Facility (PC0347N), Burlington County.

 

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

 

B-54    RONDA JONES, ET AL.

 

Ronda Jones, Orson Baldwin, and Shavon Loatman 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 Behavior Support Technician (S0767M), Statewide.

 

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

 

B-55    SHERRISE MOTEN

 

Sherrise Moten appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Project Coordinator Redevelopment (PM0052M), Atlantic City.

 

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

 

B-56    STEVEN NADRATOWSKI

 

Steven Nadratowski appeals the determination of the Division of Selection Services which found that he did not meet the requirements for the open-competitive examination for Carpenter (M2020N), Passaic Valley Water Commission.

 

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

 

B-57    GUY PETINGA

 

Guy Petinga appeals the decision of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Assistant Director of Public Works (PM0314N), Atlantic City.

 

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

 

B-58    LISA PICON

 

Lisa Picon 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 promotional examination for Personnel Officer (PM0354N), Camden.

 

ACTION:       The Civil Service Commission directed that this appeal be denied and the position undergo a classification review.

 

B-59    JOHN S. RELLSTAB

 

John S. Rellstab appeals the determination of the Division of Selection Services which found that he did not meet the requirements for the promotional examination for Senior Electrician (PM0121N), Pemberton.

 

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

 

B-60    ANA REYES

 

Ana Reyes appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Business Manager (PM0156N), Atlantic City.

 

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

 

B-61    BRYAN RUSSELL

 

Bryan Russell appeals the decision of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Assistant Purchasing Agent (PM0303N), Linden.

 

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

 

B-62    VICTORIA DEMARCO

 

Victoria DeMarco appeals the test administration of the examination for Field Service Supervisor 2, Medical Assistance (PS7042K), Department of Human Services.

 

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

 

B-63    LUZ NAVARRO

 

Luz Navarro appeals the test administration of the examination for Social Work Supervisor (PC0894M), Monmouth County.

 

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

VOTE:           Robert M. Czech                   (Abstained)

                      Robert E. Brenner                (Yes)

                      Thomas J. Perna                   (Yes)

                     Richard E. Williams               (Yes)

 

B-64    DEMETRIUS RUSSELL

 

Demetrius Russell appeals his score for the physical performance portion of the examination for Fire Fighter (M999M).

 

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

 

B-65    PROPOSED AMENDMENTS: N.J.A.C. 4A:2-2.3, GENERAL CAUSES FOR DISCIPLINE; 4A:2-2.5, OPPORTUNITY FOR HEARING BEFORE APPOINTING AUTHORITY; AND 4A:4-2.11, RESIDENCE STANDARDS

 

Submitted for the Commission's approval is a Notice of Proposal to amend N.J.A.C. 4A:2-2.3, General causes for discipline; 4A:2-2.5, Opportunity for hearing before appointing authority; and 4A:4-2.11, Residence standards.  These amendments would change civil service rules in light of the recently enacted New Jersey residency law that went into effect on September 1, 2011.  See P.L. 2011, c.70.  An employee appointed on or after September 1 must be a New Jersey resident.  If a non-resident employee appointed on or after that date still hasn't obtained a principal New Jersey residence within one year, and has not received an exemption from the residency requirement, this would be a cause for discipline, and an appointing authority would be able to suspend the employee immediately as being unfit for duty.  Additionally, the Commission and civil service appointing authorities would have to utilize a different set of standards for determining New Jersey residency than the standards now used for determining residency for local government.  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    CIVIL SERVICE COMMISSION MINUTES

 

Submitted for adoption are the Civil Service Commission minutes of its meeting of September 21, 2011.

 

ACTION:       The Civil Service Commission adopted the minutes of its meeting of September 21, 2011.

 

B-67    EARLY SETTLEMENT

 

In the Matter of Donald Mallory

Juvenile Justice Commission

Department of Law and Public Safety

Suspension

 

ACTION:         The Civil Service Commission acknowledged the settlement.

      

 B-68    CORRECTION MAJOR

 

The Department of Corrections requests the creation of the title of Correction Major to consolidate comparable functions performed by existing custody supervisory staff in the titles of Correction Captain, Director of Custody Operations 1 and Director of Custody Operations 2.

 

ACTION:    The Civil Service Commission approved the change in the State Classification Plan.

 

B-69    JOHN CERRATO

 

The appeal of John Cerrato, a Human Services Specialist 2 with the Passaic County Board of Social Services, of his removal effective January 25, 2010, on charges, was heard by Administrative Law Judge Sandra Ann Robinson (ALJ), who rendered her initial decision on June 30, 2011.  At its meeting on September 21, 2011, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation to modify the removal to a 90-day suspension.  Rather, the Commission imposed a six-month suspension.  The proposed decision is now submitted for the Commission's review.

 

ACTION:         The Civil Service Commission adopted the decision.

 

B-70    ANTHONY FERRAIOLI

 

The appeal of Anthony Ferraioli, a Police Officer with the City of Hackensack, of his six-month suspension, on charges, was heard by Administrative Law Judge Jesse H. Strauss (ALJ), who rendered his initial decision on August 16, 2011.  At its meeting on September 21, 2011, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation to modify the six-month suspension to a 30-day suspension.  Rather, the Commission modified the suspension to a three-month suspension.  The proposed decision is now submitted for the Commission's review.

 

ACTION:       The Civil Service Commission adopted the decision.

 

B-71    JIMMY GONZALEZ

 

The appeal of Jimmy Gonzalez, a Senior Correction Officer with East Jersey State Prison, Department of Corrections, of his removal effective August 19, 2010, on charges, was heard by Administrative Law Judge Sandra Ann Robinson (ALJ), who rendered her initial decision on May 20, 2011.  At its meeting on September 21, 2011, the Civil Service Commission (Commission) adopted the ALJ's recommendation to modify the removal to a 90 working day suspension.  However, the Commission found it necessary to address the exceptions and cross exceptions filed by the parties.  The proposed decision is now submitted for the Commission's review.

 

ACTION:       The Civil Service Commission adopted the decision.

 

B-72    OLLIE KENDRICK

 

The appeal of Ollie Kendrick, a Practical Nurse with North Jersey Developmental Center, Department of Human Services, of her removal effective May 17, 2010, on charges, was heard by Administrative Law Judge Leslie Z. Celentano (ALJ), who rendered her initial decision on August 15, 2011.  At its meeting on September 21, 2011, the Civil Service Commission (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.

 

 

     There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, October 19, 2011, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

 

 

 
 
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