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Robert M. Czech, Chairperson
Thomas J. Perna
Richard E. Williams
November 18, 2015
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A regular meeting of the Civil Service Commission was held on Wednesday, November 18, 2015, in Trenton, New Jersey.
PRESENT: Robert M. Czech, Chairperson, Members Thomas J. Perna and Richard E. Williams; Pamela Ullman, Deputy Attorney General; Henry Maurer, Director, Division of Appeals and Regulatory Affairs.
In accordance with L.1975, c.231, the Secretary to the Civil Service Commission 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 11, 2014, 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
Jazmin Andrews
Juvenile Detention Officer
Bergen County
Department of Human Services
Removal
Niam Camp
Correction Sergeant
Central Reception and Assignment Facility
Department of Corrections
Suspension
Christine Coleman
Sheriff’s Officer
Passaic County
Sheriff’s Department
Suspension
Oscar Davis
Police Officer
City of Newark
Police Department
Suspension
Shi Gao
Human Services Specialist 1
Hudson County
Department of Family Services
Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES – SETTLEMENT
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 MICHAEL HOYER (A written decision will be posted in this matter when the Civil Service Commission adopts the decision at
a future meeting.)
Michael Hoyer, Sign Technician 3, Department of Transportation, removal effective January 6, 2015, on charges of conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge – Modify removal to a 60 working day suspension.
ACTION: The Civil Service Commission modified the removal to a 120 working day suspension.
A-3 DONNIS JACKSON
Donnis Jackson, Field Representative Housing, Housing Assistance Program, Department of Community Affairs, return to formerly held permanent title at the end of working test period.
Recommendation of the Administrative Law Judge – Uphold return to previously held permanent title.
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ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-4 ANN MARIE JEUDY
Ann Marie Jeudy, Institutional Attendant, Morris County, Department of Human Services, 180 calendar day suspension on charges of chronic and excessive absenteeism or lateness, neglect of duty, and other sufficient cause.
Recommendation of the Administrative Law Judge – Uphold the 180 calendar day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-5 SEAN LAVIN
Sean Lavin, Sheriff’s Officer Sergeant, Mercer County, Sheriff’s Department, indefinite suspension on charges of conviction of a crime, conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge – Grant motion for summary decision and uphold the indefinite suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-6 THOMAS MONTELEONE (A written decision will be posted in this matter when the Civil Service Commission adopts the
decision at a future meeting.)
Thomas Monteleone, County Correction Lieutenant, Hudson County, Department of Corrections, 10 working day suspension on charges of insubordination and neglect of duty.
Recommendation of the Administrative Law Judge – Reverse the 10 working day suspension.
ACTION: The Civil Service Commission modified the 10 working day suspension to a 3 working day suspension.
A-7 JAVIER MORALES
Javier Morales, Mechanic, City of Newark, Department of Engineering, removal effective August 19, 2014, on charges of incompetency, inefficiency, or failure to perform duties; conduct unbecoming a public employee; neglect of duty; misuse of public property, including motor vehicles; and other sufficient cause.
Recommendation of the Administrative Law Judge – Modify the removal to a 10 working day suspension, with back pay and a resignation in good standing as of the date of his hire as a firefighter.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-8 INITIAL DECISION ON THE APPEAL OF 2010 NEWARK HOUSING AUTHORITY LAYOFF (CONSOLIDATED)
The Skilled Trades Association, Inc., the union for several employees of the Newark Housing Authority (NHA), appealed the good faith of the 2010 Newark Housing Authority Layoff.
Recommendation of the Administrative Law Judge – Uphold the layoffs.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
SECTION B – MISCELLANEOUS MATTERS
B-1 R.R. – CSC DOCKET NO. 2015-467
R.R. appeals his rejection as a Police Officer candidate by the Deptford Township Police Department and its request to remove his name from the eligible list for Police Officer (S9999R) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-2 DARRYL JONES – CSC DOCKET NO. 2015-2857
Darryl Jones, represented by Bette R. Grayson, Esq., appeals the decision of the former Division of Classification and Personnel Management (CPM) which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Fire Fighter (M2554M), Newark, on the basis of an unsatisfactory background report.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-3 FABRICIO LOPEZ – CSC DOCKET NO. 2016-713
Fabricio Lopez, represented by Donald B. Ross, Esq., appeals the determination of the Division of Agency Services upholding the removal of his name from the eligible list for Sheriff’s Officer (S9999R), Hudson County, on the basis of falsification of his application.
ACTION: The Civil Service Commission directed that this appeal be granted.
VOTE: Robert M. Czech (Abstained)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-4 KINDLER PAYNE – CSC DOCKET NOS. 2015-3351 AND 2015-3354
Kindler Payne, represented by James Katz, Esq., appeals the decisions of the Division of Agency Services (Agency Services) which found that the appointing authority had presented a sufficient basis to remove his name from the eligible lists for County Police Officer and County Correction Officer (S9999R), Camden County, on the basis of an unsatisfactory driving record.
ACTION: The Civil Service Commission directed that these appeals be granted.
B-5 TIMOTHY WALSH – CSC DOCKET NOS. 2015-316 AND 2015-406
Timothy Walsh, represented by Nicholas J. Palma, Esq., appeals his resignation as a Police Officer with the Township of Nutley (Nutley). Mr. Walsh also appeals the determination of the former Division of Classification and Personnel Management which found that Essex County had presented a sufficient basis to remove his name from eligible list for Sheriff’s Officer (S9999M), Essex County on the basis of an unsatisfactory background report.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-6 JOSHUA BROWN, ET AL. – CSC DOCKET NO. 2016-429
Joshua Brown, Christopher Harty, Jeffrey Janney, LaShonna Matlock, Vinicius Paiva and Lauren Williams appeal the determinations of the Division of Agency Services that their positions with the Department of the Treasury are properly classified as Investigator 2, Taxation. The appellants seek Investigator 1, Taxation job classifications.
ACTION: The Civil Service Commission directed that these appeals be denied.
VOTE: Robert M. Czech (Abstained)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-7 GREGORY DAVIS – CSC DOCKET NO. 2016-694
Gregory Davis, represented by Michael L. Prigoff, Esq., appeals the decision of the Division of Agency Services that the proper classification of his position with the Department of Environmental Protection is Environmental Specialist 2. The appellant seeks an Environmental Specialist 3 job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-8 ART ENG – CSC DOCKET NO. 2015-3035
Art Eng appeals the decision of the Division of Agency Services that determined the proper classification of his position with the Department of Labor and Workforce Development is Administrative Analyst 2. The appellant seeks an Administrative Analyst 1 job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-9 ROSEMARIE MILLAN – CSC DOCKET NO. 2015-3308
Rosemarie Millan appeals the decision of the Division of Agency Services, which found that her position with the Department of Environmental Protection is properly classified as an Administrative Assistant 3. The appellant seeks an Administrative Analyst 3 job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-10 SUZANNE PIROZZI-TORO – CSC DOCKET NO. 2015-3165
Suzanne Pirozzi-Toro appeals the decision of the Division of Agency Services which found that her position with the Department of Corrections is properly classified as Education Program Assistant 2. The appellant seeks an Education Program Assistant 1 job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-11 ELIZABETH POLSTER – CSC DOCKET NO. 2016-7
Elizabeth Polster appeals the decision of the Division of Agency Services which found that her position with the Department of Banking and Insurance is properly classified as Investigator 2. The appellant seeks an Investigator 1 job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-12 TINA SANTOS – CSC DOCKET NO. 2015-2504
Tina Santos appeals the decision of the Division of Agency Services which found that her position with the Department of Law and Public Safety is properly classified as Senior Clerk Typist. The appellant seeks an Agency Services Representative 4 job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-13 ABIGAL AGOSTO – CSC DOCKET NO. 2015-2510
The Office of the Public Defender requests that Abigal Agosto’s out-of-title work experience be accepted as qualifying experience for the title Supervisor Fiscal Accounts, Office of the Public Defender.
ACTION: The Civil Service Commission directed that this request be granted.
B-14 LEONARD GILBERT – CSC DOCKET NO. 2015-3185
Leonard Gilbert appeals the determination of the Division of Agency Services which found that, per the substitution clause for education, he was below the minimum requirements in experience for the promotional examination for Building Management Services Specialist 2 (PS0083R), Board of Public Utilities.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-15 DANIELLE KATSEMPRIS – CSC DOCKET NO. 2016-607
Danielle Katsempris appeals the determination of the Division of Agency Services that she was below the minimum requirements in experience for the promotional examination for Administrative Analyst 2, Data Processing (PS0627U), Office of Information Technology.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-16 ZSOLT KOVACS – CSC DOCKET NO. 2016-570
Zsolt Kovacs appeals the determination of the Division of Agency Services that he did not meet the experience requirements for the open-competitive examination for Occupational Safety Consultant 2 (S0186T), Statewide.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-17 DENA SANNA – CSC DOCKET NO. 2016-703
Dena Sanna appeals the determination of the Division of Agency Services that she did not meet the experience requirements for the promotional examination for Administrative Secretary/Office Services Manager (PC0110T), Mercer County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-18 ELENITA K. SILVA – CSC DOCKET NO. 2015-2463
The Department of Human Services requests that Elenita K. Silva’s out-of-title work experience be accepted as qualifying experience for the title Technical Program Assistant, Personnel, Department of Human Services.
ACTION: The Civil Service Commission directed that this request be granted.
B-19 NICK MIGLIARESE – CSC DOCKET NO. 2016-1458
Nick Migliarese appeals the denial of his request for a make-up examination for Medial Security Officer Recruit (S0239T), Statewide.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-20 DEBRA PIERCE – CSC DOCKET NO. 2016-707
The Office of the Attorney General, on behalf of Debra Pierce, requests that her out-of-title work experience be accepted to qualify her for a prospective promotional examination for Administrative Analyst 2, Procurement, Office of the Attorney General.
ACTION: The Civil Service Commission directed that this request be granted.
B-21 JOHN IRBY – CSC DOCKET NO. 2016-1066
Burlington County, represented by Carmen Saginario, Jr., Esq., petitions the Civil Service Commission for a stay of the final decision rendered on July 29, 2015, which reversed John Irby’s removal and ordered his immediate reinstatement, and payment of mitigated back pay and counsel fees, pending the outcome of its appeal to the Superior Court, Appellate Division.
ACTION: The Civil Service Commission directed that this request be denied.
B-22 JUSTIN MILLER – CSC DOCKET NO. 2015-392
Middlesex County, represented by Benjamin D. Leibowitz, Senior Deputy County Counsel, requests reconsideration of the decision rendered on June 18, 2014 which ordered that Justin Miller be granted back pay, benefits, seniority and counsel fees.
ACTION: The Civil Service Commission directed that this request be denied.
B-23 EGBERTO COLON – CSC DOCKET NO. 2016-1303
Egberto Colon, a Police Sergeant with the City of Elizabeth, represented by James M. Mets, Esq., petitions the Civil Service Commission for interim relief regarding his immediate suspension.
ACTION: The Civil Service Commission directed that this request be granted in part.
B-24 ARNALDO MENDOZA – CSC DOCKET NO. 2016-794
Arnaldo Mendoza appeals the bypass of his name on the Human Services Specialist 3, Bilingual in Spanish and English (PC0078S), Salem County Board of Social Services eligible list.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-25 OMNIQUE MALLARD – CSC DOCKET NO. 2015-2251
Omnique Mallard requests enforcement of a classification determination concerning her position with the Jersey City School District.
ACTION: The Civil Service Commission directed that this request be denied.
B-26 JOSEPH ZARRO – CSC DOCKET NO. 2016-1637
North Arlington, on behalf of Joseph Zarro, requests that he be permitted to participate in the intergovernmental transfer program.
ACTION: The Civil Service Commission directed that this request be granted.
B-27 JOINT ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST - MARCIA DAVIS AND PBA LOCAL 105 v. MOUNTAINVIEW YOUTH CORRECTIONAL FACILITY – CSC DOCKET NO. 2015-788
Administrative Law Judge Robert Bingham, II (ALJ) issued an Order of Consolidation and Predominant Interest in the matters of Marcia Davis and PBA Local 105 v. Mountainview Youth Correctional Facility. Based on the ALJ's Order, the Civil Service Commission and the Public Employment Relations Commission developed a Joint Order.
ACTION: The Civil Service Commission adopted the joint order.
B-28 CIVIL SERVICE COMMISSION MINUTES
Submitted for adoption are the Civil Service Commission minutes of its meeting of November 5, 2015.
ACTION: The Civil Service Commission adopted the minutes of its meeting on November 5, 2015.
B-29 CHANGE IN THE STATE CLASSIFICATION PLAN – TITLE TO BE MADE ARCHAIC
The Division of Agency Services requests that the Supervisor, Administrative Unit title be made archaic.
ACTION: The Civil Service Commission directed that this request be granted.
B-30 CHANGE IN CLASSIFIATION PLAN – TITLE INACTIVATION
The Division of Agency Services requests the inactivation of the Principal Radiological Technician title.
ACTION: The Civil Service Commission directed that this request be granted.
B-31 PATRICK CAIAZZO – CSC DOCKET NO. 2016-1436
Patrick Caiazzo appeals the determination of the Division of Agency Services that found that he did not meet the experience requirements for the promotional examination for Records Manager (PC0820T), Monmouth County.
ACTION: The Civil Service Commission directed that this appeal be granted.
VOTE: Robert M. Czech (Abstained)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-32 TIA SMITH – CSC DOCKET NO. 2016-1492
Tia Smith, a County Correction Officer with the Camden County Correctional Facility, represented by Jeffrey S. Ziegelheim, Esq., petitions the Civil Service Commission for relief of her 180 day suspension effective September 14, 2015.
ACTION: The Civil Service Commission directed that this request be denied.
B-33 CIVIL SERVICE COMMISSION MEETING DATES FOR 2016
The proposed Civil Service Commission dates are submitted for approval.
ACTION: The Civil Service Commission adopted the 2016 meeting dates.
B-34 OFFICE SERVICES MANAGER (M0731R), CITY OF NEWARK
CSC DOCKET NO. 2015-2568
The appointing authority’s failure to dispose of the certification for Office Services Manager (M0731R), City of Newark, while a provisional is serving in the title, has been referred to the Civil Service Commission for enforcement.
ACTION: The Civil Service Commission ordered the appointing authority to remove the provisional appointee, make an appointment from the certification, and pay compliance costs.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on December 2, 2015, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
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