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

Margaret E. L. Howard
Judith L. Shaw
Julius J. Mastro
Edward W. Verner, M.D.

A regular meeting of the Merit System Board was held on Tuesday, October 27, 1998 in Trenton, New Jersey. PRESENT: Merit System Board Members, Margaret E.L. Howard, Presiding; Judith L. Shaw, Julius J. Mastro, and Edward W. Verner, M.D., Andrea Grundfest, Deputy Attorney General; Henry Maurer, Director, Elizabeth A. Napolitano, Sybil Janowitch, and Charles Spano, Division of Merit System Practices and Labor Relations. In accordance with L.1975, c.231, Margaret E. L Howard, presiding Board Member, Merit System Board, 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 1, 1997 and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

All other actions were by unanimous vote unless otherwise specified. Confidential Appointments The Merit System Board recorded the following Confidential Appointments under N.J.S.A. 11A:3-4(h): Susan L. Bagley appointed as Confidential Assistant, Department of Community Affairs, Division on Women, effective October 5, 1998, salary of $75,000.00 per annum.

WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the hearing calendar: Mary Bodden, Cottage, Training Technician, Division of Developmental, Disabilities, State Department of Human Services, removal. Sean Clifton, Human Services Assistant, Department of Human Services, Ancora Psychiatric Hospital, suspension. James Erdman, Construction Official, Department of Construction Inspection, Ocean County, Demotion in lieu of Layoff from position of Construction Official. Robert Figueroas, Fire Fighter, Department of Public Safety, Trenton, suspension. John Goodman, Probation Officer, Department of Judiciary, Family Division (Mercer Vicinage), suspension. Patricia Hines, Deputy Director of Welfare, Department of the Board of Social Services, Ocean County, Layoff-Demotion to Social Work Supervisor. Doreen Hogan, Technician, Management Information Services, Department of Environmental Protection, Water Quality, suspension. Nathaniel Johnson, Communications Operator, Department of Corrections, New Jersey State Prison, suspension. Raymond Kozak, Police Lieutenant, Police Department, City of Plainfield, suspension. Claire Michaels, Building Service Worker, Gloucester County, removal. Iheanyi Opara, Assistant Engineer Transportation, Department of Transportation, Human Resources, removal. Pedro Rolon, Data Processing Technician, Prosecutor's Office, Hudson County, Resignation not in good standing. Eugene Sanguinetti, Building Subcode Official/Construction and/or Building Inspector, Joint Construction Office of the Wildwoods, removal. Betty Schwartz, Graduate Nurse, Department of Human Services, County of Monmouth, layoff. Anthony Steiner, Registered Nurse, Bergen Pines County Hospital, Bergen County, removal. Charles Stewart, Principal Mail Clerk, Department of Corrections, East Jersey State Prison, removal. Reuben Wilson, Store keeper II, East Jersey State Prison, State Department of Corrections, suspension.

DISMISSAL OF APPEALS - FAILURE TO APPEAR

The Merit System Board dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law: Carl Green, Probation Officer, Department of Judiciary, Essex Vicinage, indefinite suspension. Sheila Hines, Cottage Training Supervisor, Department of Human Services, Woodbridge Developmental Center, suspension. David Martz, Sanitation Driver, Public Works & Parks, City of Long Branch, removal. Mary Ann Hoyda, Licensed Practical Nurse, Roosevelt Hospital, Middlesex County, removal. William Maresca, Jr., Senior Correction Officer, Department Corrections, East Jersey State Prison, suspension. Krystal Perkins, Data Entry Machine Operator, Department of Judiciary, Hudson Vicinage, suspension. Rose Tubens, Licensed Practical Nurse, Roosevelt Hospital, Middlesex County, removal.


SECTION A - HEARING MATTERS

A-1 SETTLEMENTS


In the Matter of Rasak Azeez
Commission for the Blind and Visually Impaired
Department of Human Services
Removal

In the Matter of Beverly Beauregard
New Lisbon Developmental Center
Department of Human Services
Suspension

In the Matter of Karriem Beyah
Department of Public Safety -Mercer County
Fine

In the Matter of Amanda Brown
Woodbridge Developmental Center
Department of Human Services
Removal

In the Matter of Mark Cavaliero
Cumberland County Jail
Department of Corrections
Suspension

In the Matter of Winifred DaCosta
Forensic Psychiatric Hospital
Department of Human Services
Suspension

In the Matter of Carmen Fasola
Department of Public Safety
Atlantic County
Suspension and Removals

In the Matter of Maurice Gallipoli
Brick Township Public Works
Removal

In the Matter of Todd Gonnella
Essex County Jail
Removal

In the Matter of Jesus Gonzalez
Trenton Psychiatric Hospital
Department of Human Services
Suspension

In the Matter of Jesus Gonzalez
Trenton Psychiatric Hospital
Department of Human Services
Suspension

In the Matter of Kathryn Grayson
North Jersey Developmental Center
Department of Human Services
Suspension

In the Matter of Karen Holencsak
Woodbridge Developmental Center
Department of Human Services
Resignation Not In Good Standing

In the Matter of Kathy Kuzmunich
Buttonwood Hospital
Burlington County
Release at End of Working Test Period

In the Matter of Vincent Nelson
Township of Union
Removal

In the Matter of Anthony Rodriquez
Cumberland County Jail
Department of Corrections
Suspension

In the Matter of James Shea
Division of Medical Assistance and Health Services
Release and End of Working Test Period

In the Matter of Robert Winn
Hunterdon County
Department of Corrections
Suspension

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


ACTION: The Merit System Board acknowledged the
settlements with the exception of Rasak Azeek
which was held over.

A-2 VINCENT BRITT


Vincent Britt, Fire Alarm Operator, Newark Fire Department,
removal effective January 23, 1997, on charges of violating
the rules and regulations of the Newark Fire Department,
disorderly conduct or violation of any law, whether on duty
or off duty and Article 56 which requires employees to
notify their Commanding Officer when they are required to
attend Court.

Recommendation of the Administrative Law Judge -Uphold the
removal.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.


A-3 BYRON DOUGLAS

Byron Douglas, Senior Correction Officer, Garden State
Reception and Youth Correctional Facility, suspension for 30
days, on charges of incompetency, inefficiency or failure to
perform duties.

Recommendation of the Administrative Law Judge -Reverse the
suspension.

ACTION: The Merit System Board directed that this matter
be held over.


A-4 CARL REID

Carl Reid, Correction Officer, Burlington County Corrections
Department, release at the end of working test period,
effective March 10, 1998.

Recommendation of the Administrative Law Judge -Uphold the
release at the end of the working test period.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

A-5 ELIZABETH WILSON

Elizabeth Wilson, Cottage Training Technician, North
Princeton Developmental Center, Department of Human
Services, removal effective May 6, 1997, on charges of
physical abuse of a client.

Recommendation of the Administrative Law Judge -Dismiss the
Appeal.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

A-6 JEFFREY WOLVERTON

Jeffrey Wolverton, Technical Assistant, MIS, Division of
Youth and Family Services, Department of Human Services,
resignation not in good standing, effective May 7, 1997, on
charges of abandonment of his position and falsification of
attendance records.

Recommendation of the Administrative Law Judge -Uphold the
resignation not in good standing.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

A-7 CAROLYN JIMENEZ

Carolyn Jimenez, Institutional Attendant, Cumberland Manor,
Cumberland County, removal effective September 23, 1997, on
charges of chronic or excessive absenteeism or lateness and
being absent for five or more consecutive business days
without the approval of his or her supervisor.

Recommendation of the Administrative Law Judge -Uphold the
removal.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.


A-8 BRIAN OLIVER

Brian Oliver, Laborer, City of Trenton, Department of Public
Works, removal effective July 30, 1997, on charges of
insubordination and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge -Uphold the
removal.

ACTION: The Merit System Board directed that this matter
be held over.


A-9 JEFFREY PEYTON

Jeffrey Peyton, Senior Food Service Handler, Vineland
Developmental Center, Department of Human Services, removal
effective August 29, 1997, on charges of being absent from
work as scheduled without permission (sixth infraction).

Recommendation of the Administrative Law Judge -Uphold the
removal.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

A-10 LINDA SIBILIA

Linda Sibilia, Head Nurse, New Jersey Veterans' Memorial
Home at Vineland, Department of Military and Veterans'
Affairs, removal effective June 10, 1996, on charges of
mistreatment of a patient, client, resident or employee and
intentional abuse or misuse of authority.

Recommendation of the Administrative Law Judge -Uphold the
removal.

ACTION: The Merit System Board directed that this matter
be held over.


A-11 MARY WENTZ

Mary Wentz, Licensed Practical Nurse, Cumberland Manor,
Cumberland County, removal effective May 30, 1997, on
charges of insubordination, conduct unbecoming a public
employee, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge -Uphold the
removal.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

SECTION B - MISCELLANEOUS MATTERS

B-1 ANGELO SANTIAGO

Angelo Santiago appeals his rejection as a Police Officer
candidate by the City of Camden and its request to remove
his name from the eligible list for Police Officer on the
basis of psychological unfitness to perform effectively the
duties of the position.

ACTION: The Merit System Board directed that this appeal
be denied.

B-2 GARY BEAUREGARD

Gary Beauregard, a Principal Training Technician with the
Human Resource Development Institute, Department of
Personnel, appeals the denial of sick leave injury (SLI)
benefits.

ACTION: The Merit System Board directed that this appeal
be denied.

B-3 CHRISTINE LYNN AND ROSE M. WARD


Christine Lynn, a Personnel Assistant 1, and Rose M. Ward, a
Personnel Assistant 2 at the Department of the Treasury,
appeal the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be denied.

B-4 MARGARET JORDAN

Margaret Jordan, a Cottage Training Technician at Woodbridge
Developmental Center, Department of Human Services, appeal
the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be denied.

B-5 MARCELINO SANTOS

Marcelino Santos, a Senior Food Service Handler with
Woodbine Developmental Center, Department of Human Services,
represented by Jose Velez, Esq., appeals the denial of sick
leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be granted.

B-6 LINCOLN CARR, III

Lincoln Carr, III appeals the decision of Human Resource
Information Systems which found that the appointing
authority had presented sufficient basis to remove his name
from the eligible list for Police Officer (M3394X), City of
Newark.

ACTION: The Merit System Board directed that this appeal
be denied.

B-7 NAGUIB S. HANNA

Naguib S. Hanna appeals the request of the Department of
Environmental Protection appointing authority to remove his
name from the Assistant Environmental Engineer (S6038O)
eligible list based on a claimed inability to communicate
effectively in English in order to perform the duties of the
position.

ACTION: The Merit System Board granted a hearing.

B-8 GEORGE HEBERT


George Hebert appeals the decision of Human Resource
Information Systems which determined that Atlantic City had
presented a sufficient basis to remove his name from the
Police Officer (M4309S) eligible list.

ACTION: The Merit System Board directed that this appeal
be denied.

B-9 DOUG MCMAHON

Doug McMahon appeals the decision of the Supervisor,
Selection Appeals Unit, which found that the appointing
authority had presented a sufficient basis to remove his
name from the eligible list for Employee Relations
Coordinator (PS9581K), Ancora Psychiatric Hospital,
Department of Human Services.

ACTION: The Merit System Board directed that this appeal
be denied.

B-10 EDWARD SMITH

Edward Smith appeals the decision of the
Certification/Placement Services Unit which upheld the
Department of Corrections' removal of the appellant's name
from the Correction Officer Recruit (S9565J) priority hiring
list.

ACTION: The Merit System Board directed that this appeal
be denied.

B-11 ARTHUR GENNARO, JR.

The appointing authority for the City of Passaic,
represented by Allan C. Roth, Esq., petitions the Merit
System Board for reconsideration of that portion of its
final decision, rendered on July 21, 1998, which revived the
eligible list for Police Chief (PM2931S), Passaic City for
the sole objective of considering Arthur Gennaro, Jr., for
appointment as Police Chief for a four-year period.

ACTION: The Merit System Board granted the request for
reconsideration and remanded the matter to the
Office of Administrative Law.

B-12 WILLIAM LAWSON

William Lawson, a Human Services Technician with Ancora
Psychiatric Hospital, Department of Human Services,
petitions the Merit System Board for reconsideration of the
final decision, issued on August 14, 1998, which denied his
request for a hearing in regard to his removal.

ACTION: The Merit System Board granted the request for
reconsideration but denied the request for a
hearing.

B-13 JANE LYONS


Jane Lyons, Senior Engineer, Department of Transportation,
requests reconsideration of that part of the decision of the
Merit System Board rendered on May 9, 1995, which affirmed
the action of the appointing authority in suspending
appellant for eight days on charges.

ACTION: The Merit System Board directed that this appeal
be denied.

B-14 ROSE MONROE

Rose Monroe, a Customer Service Representative 2, formerly
with the Department of Law and Public Safety, petitions the
Merit System Board for reconsideration of the final
administrative decision, rendered on July 7, 1998, which
acknowledged the withdrawal of her appeal.

ACTION: The Merit System Board directed that this appeal
be denied.

B-15 JUSTINE BRANHAM, ET AL.

Justine Branham, Betty Burrows and Keith Hopkins are seeking
retroactive dates of appointment with back pay and benefits
to the title of Police Officer with the Newark Police
Department.

ACTION: A motion was made to grant the request for
retroactive appointment dates. The motion
carried. A second motion was made to deny the
request for back pay. A vote for the second motion
is as follows:

VOTE Margaret E. L. Howard (Yes)
Judith L. Shaw (No)
Julius J. Mastro (Yes)
Edward W. Verner, M.D. (No)

A third motion was made and carried to hold the
matter for full Board consideration.

B-16 DIANA NOLL

Diana Noll, represented by Joseph A. Carmen Esq., requests
enforcement of that part of the Merit System Board decision
issued on February 6, 1996, granting her back pay.

ACTION: The Merit System Board granted a hearing.

B-17 SHAWN BROWN

Shawn Brown appeals the decision of the Division of
Selection Services denying his request for an appointment as
Police Officer in Monroe Township.

ACTION: The Merit System Board directed that this appeal
be denied.

B-18 ROGER COOK, ET AL.

Roger Cook, Daniel Griggs, Michael Johnson, Gerhardt
Kanpier, David Miller, Gregory Monkan, Joseph Spinelli, and
Michael Suppa appeal specific questions on the promotional
examination for Assistant Crew Supervisor, Mechanics
(PS3633T), Department of Transportation.

ACTION: The Merit System Board directed that this appeal
be granted in part.

B-19 KATHRYN DAWSON


Kathryn Dawson appeals the determination of the Division of
Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Administrative Analyst 1 (PS5574D), Department of Community
Affairs.

ACTION: The Merit System Board directed that this appeal
be denied.

B-20 SARAH EAGELFELD

Sarah Eagelfeld appeals the decision of the Division of
Selection Services which determined that appellant did not
meet the experience requirements for the promotional
examination for Code Enforcement Officer/Zoning Officer
(PM0554W), Marlboro Township.

ACTION: The Merit System Board directed that this appeal
be granted.

B-21 SUSAN GAGGIOTTI

Susan Gaggiotti appeals the decision of the Division of
Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Section Supervisor Fiscal Resources (PS4776U), Department of
the Treasury.

ACTION: The Merit System Board directed that this appeal
be denied.

B-22 JOSEPH GILLIAM

Joseph Gilliam appeals the determination of the Division of
Selection Services which found that he did not meet the
experience requirement for the promotional examination for
Crew Supervisor, Building Maintenance Program (PS0262E),
Department of Military and Veterans Affairs.

ACTION: The Merit System Board directed that this appeal
be denied.

B-23 ANNIE G. HENRY AND AUGUSTINUS F. MARAKOWITZ

Annie G. Henry and Augustinus F. Marakowitz appeal the
determination of the Division of Selection Services, which
found that they did not meet the education and /or
experience requirements for the open competitive examination
for Claims Adjudicator, Disability Determinations (S0271O).
These appeals have been consolidated due to common issues.
It is noted that this matter was held over from the Board's
September 29, 1998 meeting pending receipt of additional
information from the Assistant Commissioner, State and Local
Operations.

ACTION: The Merit System Board directed that this appeal
be denied.

B-24 ANNE E. JOHNSON

Anne E. Johnson appeals the determination of the Supervisor,
Selection Appeals Unit, which denied her challenge to her
score and ranking on the lists resulting from the
promotional examinations for Family Service Specialist 1
(PS0819K) and Supervising Family Service Specialist 2
(PS0818K).

ACTION: The Merit System Board directed that this appeal
be denied.

B-25 DONALD JOHNSON

Donald Johnson appeals the determination of the Division of
Selection Services, which found that he failed to meet the
experience requirement for the promotional examination for
Investigator, Penal Institution (PC0044W), Union County.

ACTION: The Merit System Board directed that this appeal
be granted.

B-26 SHERRY JOHNSON

The Director, Division of Human Resource Management,
Department of Personnel, requests that out of title work
performed by Sherry Johnson be accepted to allow her to be
eligible for a promotional examination for the title of
Management and Operations Analyst 1.

ACTION: The Merit System Board granted the request.

B-27 KHAILAH J. JONES

Khailah J. Jones appeals the determination of the Division
of Selection Services, which found that she did not meet
the experience requirement for the promotional examination
for Senior Juvenile Detention Officer (PC0114W), Essex
County.

ACTION: The Merit System Board directed that this appeal
be denied.

B-28 FRANCES MAGLIONE

Frances Maglione appeals the decision of the Division of
Selection Services which found that she did not meet the
education and experience requirements for the promotional
examination for Administrative Assistant 3 (PS4547F),
Department of Education.

ACTION: The Merit System Board directed that this appeal
be denied.

B-29 SALIM T. MIKHAEL

Salim T. Mikhael appeals the determination of the Division
of Selection Services, which found that he did not meet the
experience requirements for the promotional examination for
Manager 2, Department of Transportation (Roadway Design)
(PS4246T).

ACTION: The Merit System Board directed that this appeal
be denied.

B-30 CARMEN MIRANDA-JONES

Carmen Miranda-Jones appeals the determination of the
Division of Selection Services, which found that she did not
meet the experience requirements for the open competitive
examination for Executive Assistant 2, Bilingual in Spanish
and English (S1764U).

ACTION: The Merit System Board directed that this appeal
be denied.

B-31 DAVID PAVLIK

David Pavlik, represented by Richard J. Kaplow, Esq.,
appeals the determination of the Division of Selection
Services, which found that he did not meet the experience
requirements for the promotional examination for Supervisor
Public Works (PM3415V), Sayreville Borough.

ACTION: The Merit System Board directed that this appeal
be granted.

B-32 JOSEPH F. PIZZA, JR.

Joseph F. Pizza, Jr., represented by Susan A. Resch,
Secretary Treasurer, Transport Workers Union of America,
Local 225 Branch 4, appeals the determination of the
Division of Selection Services, which found that he did not
meet the experience requirement for the promotional
examination for Senior Public Works Repairer, (PM4135V),
Point Pleasant Beach.

ACTION: The Merit System Board directed that this appeal
be denied.

B-33 JEROME C. PRIEST

Jerome C. Priest appeals the decision of the Division of
Selection Services which found that appellant did not meet
the requirements for the open competitive examination for
Administrative Clerk (C1645U), Ocean County.

ACTION: The Merit System Board directed that this appeal
be denied.

B-34 FELIX A. MCNALLY


Felix A. McNally, represented by Vincenza Leonelli-Spina,
Esq., appeals the decision of the Supervisor, Selection
Appeals Unit, which found that his examination for Fire
Lieutenant (PM2788S), Irvington was properly scored.

ACTION: The Merit System Board directed that this appeal
be denied.

B-35 DOUGLAS BREEN

Douglas Breen appeals his score for the promotional
examination for Supervising Program Development Specialist
(Community Service) (C6021O), Middlesex County.

ACTION: The Merit System Board directed that this appeal
be denied.

B-36 LORIETTA BARNES

Lorietta Barnes appeals a specific question on the open
competitive examination for Administrative Secretary
(C1647U), Essex County.

ACTION: The Merit System Board directed that this appeal
be denied.

B-37 LAURA TOOMBS

Laura Toombs appeals a specific question on the open
competitive examination for Office Services Manager
(C1474T), Essex County.

ACTION: The Merit System Board directed that
this appeal be denied.

B-38 DAWUD SALEEM

Dawud Saleem, represented by Gary Staples, staff
representative with CWA Local 1040, requests reconsideration
of the final administrative decision rendered on May 19,
1998 in which appellant's request for admittance to the
examination for Administrative Analyst 2 (Data Processing),
(PS4846K), Hagedorn Gero-Psychiatric Hospital was denied.

ACTION: The Merit System Board directed that this appeal
be denied.

B-39 CATHLEEN RUSSO DELANOY

Cathleen Russo Delanoy, a Supervising Research Analyst with
the Violent Crimes Compensation Board (VCCB), requests an
increase of her annual vacation entitlement from 12 days to
20 days.

ACTION: The Merit System Board denied the request.

B-40 MUNICIPAL COURT ADMINISTRATOR, TOWNSHIP OF LACEY

The Township of Lacey, represented by Charles W. Hutchinson,
Esq., appeals the determination by the Division of Human
Resource Management that the position of Municipal Court
Administrator in Lacey Township is correctly allocated to
the competitive division of the career service.

ACTION: The Merit System Board directed that this appeal
be denied.

B-41 JOSEPH MIKUCKI

The appeal of Joseph Mikucki, Principal Data Processing
Programmer, Sheriff's Office, Monmouth County, 60-day
suspension, beginning July 14, 1997 and ending October 3,
1997, on charges of deliberate and repeated inappropriate
behavior, conduct unbecoming a public employee, conduct
creating an adverse working environment and willful
violation of the County Antiharassment Policy, was heard by
Administrative Law Judge Walter F. Sullivan (ALJ), who
rendered his initial decision on August 28, 1998. The Merit
System Board, at its meeting on October 14, 1998, ordered
that this matter be remanded to the Office of Administrative
Law (OAL).

ACTION: The Merit System Board adopted the final decision.

VOTE Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Edward W. Verner, M.D. (Yes)
Julius J. Mastro (Abstained)

B-42 PHYLLIS JENKINS

The appeal of Phyllis Jenkins, Deputy Court Administrator,
City of Trenton, removal effective February 13, 1996, on
charges of official misconduct, falsifying court records and
conduct unbecoming a public employee, was heard by
Administrative Law Judge Walter F. Sullivan (ALJ), who
rendered his initial decision on August 27, 1998. The Merit
System Board, at its meeting on October 14, 1998, ordered
that this matter be remanded to the Office of Administrative
Law (OAL).

ACTION: The Merit System Board adopted the final decision.

VOTE Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Edward W. Verner, M.D. (Yes)
Julius J. Mastro (Abstained)

B-43 DAVID KIFFER


The appeal of David Kiffer, a Senior Correction Officer at
the Midstate Correctional Facility, Department of
Corrections, suspension for 60 days on charges, was heard by
Administrative Law Judge Kathryn A. Clark (ALJ), who
rendered her initial decision on September 9, 1998 upholding
the suspension. The Merit System Board at its meeting on
October 14, 1998, modified the ALJ's recommendation that the
appellant's 60-day suspension be upheld and instead imposed
a 90-day suspension.

ACTION: The Merit System Board adopted the final decision.

VOTE Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Edward W. Verner, M.D. (Yes)
Julius J. Mastro (Abstained)

B-44 JOINT ORDER OF CONSOLIDATION

Administrative Law Judge (ALJ) Jeffrey A. Gerson issued an
order which consolidated matters filed by PBA Locals 51 &
51A on behalf of members of the Hudson County Police
Department who were laid off and determined that the Merit
System Board had predominant interest. Based on this
determination, the Merit System Board and the Public
Employment Relations Commission (PERC) developed a joint
order adopting the ALJ's consolidation order but modifying
the ALJ's predominant interest order, instead stating that
PERC has predominant interest.

ACTION: The Merit System Board adopted the joint order of
consolidation.

B-45 WILLIAM BERISH AND CHRISTOPHER LUGOSSY

Hamilton Township, represented by Bill Mathesius, Esq.,
requests reconsideration of the decision of the Merit System
Board rendered on July 8, 1997, which dismissed the charges
against Police Officers William Berish and Christopher
Lugossy, and reversed their 15 day suspensions and awarded
counsel fees to appellants' attorneys.

ACTION: The Merit System Board denied the
request for reconsideration.

B-46 PETER COLLETTI AND JOHN WAIDA

Appellants Peter Colletti and John Waida, represented by
Kevin M. Costello, Esq., and the City of Camden appeal the
determination of the Division of Human Resource Information
Services that they were age ineligible for appointment as
municipal Police Officers.

ACTION: The Merit System Board directed that this appeal
be granted.

B-47 MICHAEL A. FILIPPONE

Michael A. Filippone appeals the administration of the Law
Enforcement Candidate Record (LECR) (S9999W) examination
which he took on June 6, 1998 at the Essex Catholic Boys
High School in East Orange.

ACTION: The Merit System Board directed that this appeal
be denied.

B-48 CHARLES BISHOP

Charles Bishop appeals his score and rank on the open
competitive examination for Construction Official (M6287O),
City of Newark, as determined by the Division of Selection
Services.

ACTION: The Merit System Board directed that this appeal
be denied.

B-49 MARCO CATANIA AND JAMES DURKIN

Troy Oswald, et al., represented by Joseph Murphy, Esq.
request removal of the names of Marco Catania and James
Durkin from the Police Sergeant (PM3776V), City of Paterson
eligible list based on a claim that they had advance
knowledge of test content prior to taking make-up
examinations.

ACTION: The Merit System Board granted a hearing.

B-50 MINUTES

The Merit System Board Minutes for the meeting of September
29, 1998 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its
meeting of October 14, 1998.

VOTE Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Edward W. Verner, M.D. (Yes)
Julius J. Mastro (Abstained)

B-51 EARLY SETTLEMENTS

Walter Berry
Trenton Psychiatric Hospital
Department of Human Services
20 day suspension

David Aligya
Administrative Office of the Courts
Middlesex Vicinage
Release at the end of extended working test period
Heather Casey
Administrative Office of the Courts
Mercer Vicinage
11 day suspension

Thaddeus Dodson
Greystone Park Psychiatric Hospital
Department of Human Services
Removal

Keith Duffy
Mountainview Youth Correctional Facility
Department of Corrections
15 day suspension

Lisa Hart
Division of Youth and Family Services
Department of Human Services
Resignation not in good standing

Stephanie McDonald-Jones
Housing and Community Resources
Department of Community Affairs
45 day suspension

Darrell Van
Albert C. Wagner Youth Correctional Facility
Department of Corrections
10 day suspension

Marelin Vazquez
Administrative Office of the Courts
Essex Vicinage
Release at the end of the working test period

ACTION: The Merit System Board acknowledged the settlements.

There being no further business before the Merit System
Board, the meeting was adjourned to convene on Tuesday, November
10, 1998 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.



______________________________
MARGARET E. L. HOWARD
PRESIDING
MERIT SYSTEM BOARD

 
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