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Robert M. Czech, Chairperson
Robert E. Brenner
Thomas J. Perna
Richard E. Williams
November 2, 2011
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A regular meeting of the Civil Service Commission was held on Wednesday, November 2, 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, 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 20, 2010, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Joseph R. Cox
Township of West Milford
Department of Public Works
Release at the end of the working test period
In the Matter of Yenis Mercedes
North Jersey Developmental Center
Department of Human Services
Removal
In the Matter of Mark Platt
Bayside State Prison
Department of Corrections
Removal
In the Matter of Ray Rawls
Department of Children and Families
Suspension
In the Matter of Louis Wohltman and Kevin Johnson
City of Newark
Police Department
Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 VICTOR AMORUSO, ET AL. AND DOUGLAS LAFORGE (CONSOLIDATION)
Victor Amoruso, et al. and Douglas LaForge, Village of Ridgewood, various Departments, appeal the good faith of their layoff effective July 14, 2010, for reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Uphold the layoffs.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
A-3 LORELEI ALDEN, ET AL.
Lorelei Alden, Susanne Carroll, and Robin Ripa, Town of Hammonton, various Departments, appeal the good faith of their layoff effective July 27, 2009, for reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Uphold the layoffs.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-4 ROBERT PAYNE
Robert Payne, Supervising Juvenile Detention Officer, Monmouth County, Department of Corrections and Youth Services, appeals the good faith of his layoff effective July 1, 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.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
A-5 CHRISTOPHER BAYARD
Christopher Bayard, Police Officer, City of Camden, Police Department, removal effective January 17, 2011, on charges of violation of Department rules and regulations, chronic or excessive absenteeism 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-6 LUIS LOPEZ
Luis Lopez, Sanitation Worker, North Bergen Municipal Utilities Authority, removal effective May 12, 2008, on the charge of 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-7 ELSIE VEGA MEDINA
Elsie Vega Medina, Police Officer, City of Trenton, Police Department, removal effective June 11, 2010, on the charge of conduct unbecoming a public employee. This matter was held over from the October 19, 2011 Civil Service Commission meeting for additional review of the settlement agreement.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge and acknowledged the settlement agreement between the parties, which imposed a written reprimand. The Commission also awarded counsel fees in the amount of 50% of services.
A-8 RASSAN MUHSIN
Rassan Muhsin, County Correction Officer, Mercer County, Department of Corrections, removal effective April 29, 2011, on charges of chronic or excessive absenteeism, other sufficient cause and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Grant the appointing authority's motion for summary decision and uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-9 LEZLIE SCOTT
Lezlie Scott, Library Associate, City of East Orange, Library, removal effective February 21, 2011, on charges of insubordination, chronic or excessive absenteeism or lateness 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 SANDRA SANDERS-THURMAN
Sandra Sanders-Thurman, Public Safety Telecommunicator, City of Trenton, Department of Administration, removal effective October 23, 2009, on charges of inability to perform duties, insubordination, conduct unbecoming a public employee and neglect of duty.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-11 ROOSEVELT WILSON
Roosevelt Wilson, Senior Correction Officer, Northern State Prison, Department of Corrections, removal effective December 8, 2010, on charges of other sufficient cause, conduct unbecoming a public employee, neglect of duty, leaving assigned work area without permission, creating a danger to persons or property, falsification, 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-12 BRAD WITTJE
Brad Wittje, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal effective September 28, 2010, on charges of conduct unbecoming a public employee, other sufficient cause, physical or mental abuse of a patient, client, resident or employee, inappropriate physical contact or mistreatment of a patient, client, resident or employee and violation of a rule, regulation, policy, procedure, order or administrative decision.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-13 TYROME KERKULAH
Tyrome Kerkulah, Senior Youth Worker, Department of Children and Families, removal effective September 10, 2010.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
SECTION B - MISCELLANEOUS MATTERS
B-1 The Division of State and Local Operations requests the inactivation of four CATV System Operations and Complaint Investigator titles used by the Board of Public Utilities.
ACTION: The Civil Service Commission directed that this request be granted.
B-2 The Division of State and Local Operations requests the consolidation of several titles in the Library Assistant title series that have typing variants.
ACTION: The Civil Service Commission directed that this request be granted.
B-3 LASHEENA MARTIN
Lasheena Martin appeals her rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove her name from the eligible list for Correction Officer Recruit (S9999K) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-4 CARL L. ROTH
Carl L. Roth appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit (S9999K) on the basis of medical unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-5 KATHRYN CANNONE
Kathryn Cannone, a Principal Occupational Therapist with Ancora Psychiatric Hospital, Department of Human Services, represented by Michele Vickers, Staff Representative, CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-6 GEORGE CAPERTINA
George Capertina, an Emergency Service Patrol Operator with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-7 WAYNE CARMICHAEL
Wayne Carmichael, an Administrative Analyst 2 (Data Processing) 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 granted in part.
B-8 KAREN HAMSHAR
Karen Hamshar, a Maintenance Worker 1, Transportation, with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-9 FLOYD KIRKLAND
Floyd Kirkland, a Sign Technician 3 with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-10 DAVID ANDERSON
David Anderson, a former Construction Code Inspector 1 with the Department of Community Affairs, represented by Kevin McGovern, Esq., 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-11 KEVIN COWAN
Kevin Cowan, a Sergeant First Class with the Division of State Police, Department of Law and Public Safety, requests restoration of prior State service in order for his personnel record to reflect continuous service for vacation leave entitlement purposes.
ACTION: The Civil Service Commission directed that this request be granted in part.
B-12 ALAN GATTO
Alan Gatto appeals his non-appointment to the noncompetitive title of Investigator Trainee, Taxation or Tax Representative Trainee with the Department of the Treasury.
ACTION: The Civil Service Commission directed that Alan Gatto's appeal of his non-appointment be denied but ordered the Department of the Treasury to appoint three other veterans.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-13 THOMAS GILLEN
Thomas Gillen, a Sheriff's Investigator with Hudson County, represented by Catherine M. Elston, Esq., requests that he be placed on a regular reemployment list for the title of Sheriff's Officer.
ACTION: The Civil Service Commission directed that this request be denied.
B-14 ANTHONY RIVERA
Anthony Rivera, a Senior Correction Officer, Juvenile Justice, with the Juvenile Justice Commission, requests a waiver of repayment of a salary overpayment pursuant to N.J.S.A. 11A:3-7, which provides that when an employee has erroneously received a salary overpayment, the Civil Service Commission may waive repayment based on a review of the case.
ACTION: The Civil Service Commission directed that this request be denied.
B-15 GILBERTO ROLON
Gilberto Rolon appeals the determination of the Division of Selection Services which denied him admittance to the promotional examination for Fire Officer 1 (PM5205N), Jersey City.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-16 THOMAS STUPPIELLO
Thomas Stuppiello appeals the determination of the Division of Selection Services, which found that he was ineligible for the promotional examination for Sanitation Driver (PM0185N), Woodbridge, because the announced title did not represent a promotion.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-17 PATRICK BEATTY
Patrick Beatty, a Senior Police Officer, Human Services, with the Department of Human Services, represented by Thomas A. Cushane, Esq., petitions the Civil Service Commission for reconsideration of the final decision, rendered on March 16, 2011, which remanded the matter of his removal, effective July 15, 2010, to the Office of Administrative Law for a hearing on the merits of the charges.
ACTION: The Civil Service Commission directed that this request for reconsideration be denied.
B-18 SAMUEL MUNOZ AND ANDRES NIEVES
Samuel Munoz and Andres Nieves, Fire Fighters with Camden, represented by Mitesh M. Patel, Esq., petition the Civil Service Commission for reconsideration of the final decision, rendered on April 6, 2011, which denied their requests for permanent appointments to the title of Fire Captain.
ACTION: The Civil Service Commission directed that the requests for reconsideration be denied.
B-19 JOSEPH CANALE
Joseph Canale, a Supervisor, General and Support Services, with Trenton Psychiatric Hospital, Department of Human Services, appeals the determination of the Assistant Commissioner, stating that the appellant failed to present sufficient evidence to support a finding that he had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-20 MICHAEL FITZGIBBON
Michael Fitzgibbon, a Sergeant Campus Police with Rowan University, appeals the determination of the President of Rowan University, stating that there was probable cause to substantiate a finding that he violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-21 JAN EARL PETTY
Jan Earl Petty, a former Institutional/Building Support Services, IFPTE, with Woodbridge Developmental Center, Department of Human Services, appeals the determination of the Assistant Commissioner with DHS, stating that there was probable cause to substantiate a finding that he violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-22 THOMAS WHITNER
Thomas Whitner, a former Correction Lieutenant with the Department of Corrections, appeals the determination of the Assistant Director, Equal Employment Division, which found that the appellant did not present sufficient evidence to support a finding that he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-23 REBECCA ZAYAS
Rebecca Zayas, an Institutional Trade Instructor 2, Cooking, with Southern State Prison, Department of Corrections, appeals the determination of the Assistant Director, Equal Employment Division, 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 remanded to the appointing authority for further investigation and a new determination.
B-24 ANGELA DOGGETT
Angela Doggett appeals the determination of the Division of State and Local Operations that her position with the Department of Health and Senior Services is properly classified as a Principal Clerk Typist. The appellant seeks a Principal Data Entry Machine Operator or Health Data Specialist 3 classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-25 PAULA R. JACOBS
Paula R. Jacobs appeals the determination of the Division of State and Local Operations that her position with the Department of Children and Families is properly classified as Head Data Entry Machine Operator. The appellant seeks a Technical Support Specialist 1 classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-26 KAREN MAY
Karen May appeals the decision of the Division of State and Local Operations which found that her position with the Department of Law and Public Safety is properly classified as Clerk Typist 1, Evidence Handling. The appellant seeks a Clerk Typist 2, Evidence Handling classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-27 THOMAS NICOLETTE
The Township of Nutley, represented by Ramon Rivera, Esq., appeals the July 18, 2011 decision of the Division of State and Local Operations which found that Thomas Nicolette's position is properly classified as a Fire Captain.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-28 CASHIER TYPING (M1851J), IRVINGTON TOWNSHIP
The appointing authority's failure to dispose of the certification for Cashier Typing (M1851J), Irvington 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 remove the provisional appointee, properly dispose of the certification and pay compliance costs.
B-29 KEYBOARDING CLERK 2 (PM0191M), POINT PLEASANT BOROUGH
The appointing authority's failure to dispose of the certification for Keyboarding Clerk 2 (PM0191M), Point Pleasant Borough, while provisionals are serving in the title, has been referred to the Civil Service Commission for enforcement.
ACTION: The Civil Service Commission ordered the appointing authority to properly dispose of the certification and pay compliance costs.
B-30 MECHANIC DIESEL (M0041M), POINT PLEASANT BOROUGH
The appointing authority's failure to dispose of the certification for Mechanic Diesel (M0041M), Point Pleasant Borough, while a provisional is serving in the title, has been referred to the Civil Service Commission for enforcement.
ACTION: The Civil Service Commission ordered the appointing authority to remove the provisional appointee, properly dispose of the certification and pay compliance costs.
B-31 PERSONNEL AIDE (C0428M), HUDSON COUNTY
Hudson County requests permission not to make an appointment from the March 14, 2011 certification for Personnel Aide (C0428M).
ACTION: The Civil Service Commission denied the appointment waiver, and ordered the appointing authority to properly dispose of the certification and pay $1,000 in compliance costs.
B-32 POLICE AIDE (M0020L), EAST ORANGE
The appointing authority's failure to dispose of the certification for Police Aide (M0020L), East Orange, while provisionals are serving in the title, has been referred to the Civil Service Commission for enforcement.
ACTION: The Civil Service Commission ordered the appointing authority to remove the provisional appointees, properly dispose of the certification and pay compliance costs.
B-33 PURCHASING AGENT (M0595L), WEST NEW YORK
The appointing authority's failure to dispose of the certification for Purchasing Agent (M0595L), West New York, 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, properly dispose of the certification and pay compliance costs.
B-34 PURCHASING AGENT (SPECIAL RE-EMPLOYMENT LIST), NEWARK
The appointing authority's failure to dispose of the certification for Purchasing Agent (Special Re-employment List), 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, properly dispose of the certification and pay compliance costs.
B-35 SAFETY SPECIALIST 1, MOTOR VEHICLE COMMISSION
The appointing authority requests that the Civil Service Commission allow the out-of-title work performed in the title series Customer Service Representative and Support Services Representative to be acceptable to satisfy the experience requirement for the Safety Specialist 1, Motor Vehicle Commission (PS2055T) and (PS2056T), MVC examinations on a one-time basis.
ACTION: The Civil Service Commission directed that this request be granted.
B-36 SECURITY GUARD (M1374L), IRVINGTON TOWNSHIP
The appointing authority's failure to dispose of the certification for Security Guard (M1374L), Irvington Township, while provisionals are serving in the title, has been referred to the Civil Service Commission for enforcement.
ACTION: The Civil Service Commission ordered the appointing authority to remove the provisional appointees, properly dispose of the certification and pay compliance costs.
B-37 SONIA GIRON
The appeal of Sonia Giron, a Police Officer with Jersey City, of her removal, effective August 10, 2010, on charges, was heard by Administrative Law Judge Walter M. Braswell (ALJ), who rendered his initial decision on May 4, 2011. At its meeting on October 19, 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.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-38 DONNA JACKSON
The appeal of Donna Jackson, a County Correction Officer with Hudson County, of her removal, effective May 6, 2010, on charges, was heard by Administrative Law Judge Imre Karaszegi, Jr. (ALJ), who rendered his initial decision on September 12, 2011. At its meeting on October 19, 2011, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation to reverse the removal. Rather, the Commission upheld the charges related to the suspension of the appellant's driver's license and imposed a 10 working day suspension. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-39 SPENCER SMITH
The appeal of Spencer Smith, a Police Officer with the City of Wildwood, concerning his release at the end of his working test period, effective January 27, 2011, was before Administrative Law Judge Joseph F. Martone (ALJ), who rendered his initial decision on September 13, 2011, acknowledging the settlement presented to the ALJ. At its meeting on October 19, 2011, the Civil Service Commission (Commission) modified the ALJ's recommendation and acknowledged an amended settlement agreement. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-40 MATTHEW TROTTER
The appeal of Matthew Trotter, a Police Officer with the City of Wildwood, concerning his release at the end of his working test period, effective January 27, 2011, was before Administrative Law Judge Joseph F. Martone (ALJ), who rendered his initial decision on September 13, 2011, acknowledging the settlement presented to the ALJ. At its meeting on October 19, 2011, the Civil Service Commission (Commission) modified the ALJ's recommendation and acknowledged an amended settlement agreement. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-41 RICHARD WARREN
The appeal of Richard Warren, a Senior Accountant with the Bloomfield Public Library, of the good faith of his layoff effective June 15, 2011, for reasons of economy and efficiency, was before Administrative Law Judge Kelly J. Kirk (ALJ), who discontinued all proceedings in this matter upon the appellant's withdrawal of his appeal and returned the matter to the Civil Service Commission (Commission) for appropriate disposition. At its meeting on October 19, 2011, the Commission acknowledged the appellant's withdrawal of his appeal with prejudice. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-42 DONNA ARCIERI
Donna Arcieri appeals the determination of the Division of Selection Services which found that she was ineligible for the promotional examination for Microbiologist 5 (PS2126H), Department of Health and Senior Services.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-43 CHRISTOPHER CARAIG, ET AL.
Christopher Caraig, Cherie Hanscomb, Peter Midgley, Heather O'Malley and Kevin Tilli appeal the determination of the Division of Selection Services which found that they did not meet the experience requirements for the open competitive examination for Investigator, Public Defender (S0209N), Office of the Public Defender.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-44 WALTER HARRINGTON
Walter Harrington appeals the determination of the Division of Selection Services that he did not meet the experience requirement for the promotional examination for Motor Vehicle Operator 1 (PS1726K), Department of Human Services.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-45 BEATRICE MCMANUS
Beatrice McManus appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Assistant Supervisor of Billing and Collecting (PM0318N), Vineland.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-46 SUSAN R. PIERSANTI
Susan R. Piersanti appeals the determination of the Division of Selection Services which found that she did not meet the requirements for the promotional examination for Administrative Assistant 3 (PC0223N), Burlington County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-47 KEVIN P. REILLY
Kevin P. Reilly appeals the determination of the Division of Selection Services which found that he did not meet the requirements for the promotional examination for Technical Assistant, Management Information Systems (PS2105F), Department of Education.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-48 LYNDA WELDEN
Lynda Welden appeals the determination of the Division of Selection Services that she did not meet the experience requirement for the promotional examination for Assistant Supervisor of Professional Residential Services, Developmental Disabilities (PS2334K), Department of Human Services.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-49 JOSEPH IDIONG
Joseph Idiong appeals the test administration of the examination for Investigator 1 Taxation (PS1469U), Department of the Treasury.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-50 JOHN WARD
John Ward appeals the score on the examination for Battalion Fire Chief (PM3506L), Newark.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-51 ADOPTED AMENDMENTS: N.J.A.C. 4A:6-1.6 AND 1.7, SICK LEAVE INJURY
Submitted for the Commission's approval is a Notice of Adoption regarding the proposed amendments to N.J.A.C. 4A:6-1.6 and 1.7, Sick leave injury (SLI) program. The amendments would codify the sunset provisions regarding the SLI program that were enacted in P.L. 2010, c.3, and effective on May 21, 2010. No comments were received during the public comment period. It is recommended that the Commission adopt this proposal.
ACTION: The Civil Service Commission adopted the proposed amendments.
B-52 CIVIL SERVICE COMMISSION MINUTES
Submitted for adoption are the Civil Service Commission minutes of its meeting of October 19, 2011.
ACTION: The Civil Service Commission adopted the minutes of its meeting of October 19, 2011.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-53 EARLY SETTLEMENTS
In the Matter of Cyndria C. Bailey
Department of Children and Families
Release at the end of working test period
In the Matter of John J. McGurk
Department of Children and Families
Release at the end of working test period
In the Matter of Bruce Mednick
Superior Court of New Jersey - Middlesex Vicinage
Judiciary
Release at the end of working test period
ACTION: The Civil Service Commission acknowledged the settlements.
B-54 KEVIN W. BRINK
Kevin W. Brink requests that the Civil Service Commission review the failure of the City of Clifton to appoint him from the Rice Bill list based on his failure of a psychological examination.
ACTION: The Civil Service Commission directed that this request be denied.
B-55 ANIFATU KARGBO
Anifatu Kargbo, a former Practical Nurse with Ancora Psychiatric Hospital, represented by William B. Hildebrand, Esq., requests that the Civil Service Commission reinstate her appeal of her removal effective November 29, 2010, which was dismissed based on her failure to appear at her scheduled settlement conference.
ACTION: The Civil Service Commission directed that this request be granted.
B-56 ROBERT BOWEN, ET AL.
Robert Bowen, Joseph Collette, Raymond Cifelli, Richard Dealy, John Duffy, William Ferguson, and Julius Simmons appeal the decisions of the Division of State and Local Operations that their positions with the Department of Military and Veterans' Affairs are properly classified as Staff Assistant 2. Joseph Bannon, Brian Bramhall, Joseph Tomasella, and Ronald Wilkens appeal the decisions that their positions are properly classified as Staff Assistant 1. Dominick Galione appeals the decision that his position is properly classified as Special Staff Officer 3. The appellants seek classifications of Firefighter, Fire Captain, and Assistant Fire Chief.
ACTION: The Civil Service Commission directed that these appeals be
B-57 SACHA CRUZ
The appeal of Sacha Cruz, a County Correction Officer with Hudson County, of her removal effective April 13, 2011, on charges, was heard by Administrative Law Judge Jesse H. Strauss (ALJ), who rendered his initial decision on September 1, 2011. At its meeting on October 19, 2011, the Civil Service Commission (Commission) adopted the ALJ's recommendation to uphold the appellant's removal. However, the Commission found it necessary to address the exceptions filed by the appellant. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B- 58 THALIA MENDOZA
The appeal of Thalia Mendoza, a County Correction Officer with Hudson County, of her removal, effective February 4, 2011, on charges, was heard by Administrative Law Judge Michael Antoniewicz (ALJ), who rendered his initial decision on September 7, 2011. At its meeting on October 19, 2011, the Civil Service Commission (Commission) adopted the ALJ's recommendation to modify the removal to a six-month suspension. However, the Commission found it necessary to address the exceptions filed by the parties. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-59 NORMAN TAHAN
Norman Tahan appeals his oral scores on the promotional examination for Fire Chief (PM0690M), Clifton.
ACTION: The Civil Service Commission directed that this appeal be denied.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Tuesday, November 22, 2011, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
