text only siteskip to main contentskip to main navigation
 
State of New Jersey, Civil Service Commission
Governor Chris Christie • Lt.Governor Kim Guadagno
 
 
A regular meeting of the Merit System Board was held on
Monday, June 21, 1999 in Trenton, New Jersey.

PRESENT: Chairwoman Janice Mitchell Mintz; Merit
System Board Members, Margaret E. L. Howard and Judith Shaw,
Elizabeth Laufer, 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, Janice Mitchell
Mintz, Chairwoman, 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 June 11, 1999 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):

Arnold K. Hamm appointed as Confidential Secretary,
Department of Human Services, effective April 19, 1999,
salary of $46, 512.03 per annum.

James M. Reilly appointed as Confidential Assistant, Board
of Public Utilities, effective June 1, 1999, salary of
$36,000.00 per annum.

WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the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

Michael Brannon, Police Officer, Police Department, City of
Newark, suspension.

Patricia Kines, Police Officer, Police Department, City of
Newark, suspension.

Frederick Richburg, Jr., Senior Correction Officer,
Department of Corrections, New Jersey State Prison,
suspension.

George Street, Laborer, Department of Public Works, Township
of Hazlet, suspension.

Rubin Torres, Police Officer, Police Department, City of
Newark, 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:

Wilfred Bankole-Gibson, Accountant, Department of Health &
Human Services, County of Camden, removal.

James Bourne, Jr. Firefighter, Fire Department, Asbury Park,
removal.

Marie Brunot, Institutional Attendant, John L. Montgomery
Medical Home, County of Monmouth, suspension.

Benjamin Layton, Truck Driver, Neighborhood Services, City
of Newark, removal.

Arthur McNeal, Laborer, Neighborhood Services, City of
Newark, removal.


SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Brian Baldwin
Monmouth County Sheriff's Office
Suspension and Removal

In the Matter of Michael Breden
Borough of Roselle - Department of Public Works
Suspension

In the Matter of Carolyn Brown
Department of Labor Unemployment Insurance Field
Operations
Removal

In the Matter of Sheryl Cyphers
Edna Mahan Correctional Facility - Department of
Corrections
Removal

In the Matter of Lee Douglas, Jr.
Greystone Park Psychiatric Hospital - Department of
Human Services
Suspension

In the Matter of Elaine Harris
Township of Irvington
Layoff

In the Matter of Anita Heiser
New Lisbon Developmental Center - Department of Human
Services
Suspension and Removal



In the Matter of Joseph Jensen
Albert C. Wagner Youth Correctional Facility
Department of Corrections
Removal

In the Matter of Shimba Jones
North Jersey Developmental Center - Department of Human
Services
Removal

In the Matter of Brian Lofton
Arthur Brisbane Child Treatment Center
Department of Human Services
Removal

In the Matter of John McKelvin
Morris County
Removal

In the Matter of Stanley Mochnacz
Parole and Community Programs
Department of Corrections
Suspension

In the Matter of Tawyna Roberson
Mercer County
Removal

In the Matter of Sally Rowan
Crest Haven Nursing Home - County of Cape May
Suspension

In the Matter of Etta Saunders
City of Salem
Removal

In the Matter of Hector Torres
County of Bergen
Indefinite Suspension

In the Matter of Maria Valencia
Burlington County Board of Chosen Freeholders,
Buttonwood Hospital
Suspension


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

ACTION: The Merit System Board acknowledged the
settlements with the exception of Michael
Breden and Joseph Jensen.

A-2 LARRY CALHOUN

Larry Calhoun, Human Services Assistant, Marlboro
Psychiatric Hospital, Department of Human Services,
suspension for 12 days, on charges of inappropriate
physical contact or mistreatment of a patient, client
resident, or employee and insubordination.

Recommendation of the Administrative Law Judge -
Reverse the suspension.

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

A-3 JOHN HELINE

John Heline, Cook, John L. Montgomery Medical Home,
Monmouth County, resignation not in good standing
effective May 6, 1998, on charges of abandonment of job
as a result of unauthorized absences from work for five
consecutive work days.

Recommendation of the Administrative Law Judge -
Modified to Resignation in Good Standing.

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


A-4 THOMAS W. O'NEILL

Thomas W. O'Neill, Heavy Laborer, Township of
Woodbridge, Department of Public Works, removal at the
end of the Working Test Period effective January 30,
1998.

Recommendation of the Administrative Law Judge - Uphold
the removal.

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

A-5 MICHAEL C. PAOLINI

Michael C. Paolini, Senior Corrections Officer, Albert
C. Wagner Youth Correctional Facility, Department of
Corrections, suspension for five days, on charges of
serious mistake due to carelessness which may result in
danger and/or injury to persons or property.

Recommendation of the Administrative Law Judge - Uphold
the suspension.

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

A-6 LOVERTA PERRY

Loverta Perry, Senior Correction Officer, Edna Mahan
Correctional Facility for Women, Department of
Corrections, suspension for 20 days, on charges of
neglect of duty, loafing, idleness or willful failure
to devote attention to tasks which could result in
danger to persons or property.

Recommendation of the Administrative Law Judge - Uphold
the suspension.

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

A-7 DOMINGO VARGAS AND GARRIAN LAMPLEY

Appeal of Domingo Vargas and Garrian Lampley,
Maintenance Repairers, City of Perth Amboy Housing
Authority, layoff effective May 11, 1998 for reasons of
economy and efficiency.

Recommendation of the Administrative Law Judge - Uphold
the layoff.

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

A-8 MICHAEL VOLK

Michael Volk, Assistant District Parole Supervisor,
Parole and Community Programs, Department of
Corrections, suspension for 30 days, on charges of
performance: serious mistake due to carelessness, but
not resulting in danger to persons or property and in
violation of a rule, regulation, policy, procedure,
order, or administrative decision.

Recommendation of the Administrative Law Judge - Uphold
the suspension.

ACTION: The Merit System Board remanded this matter
to the Office of Administrative Law.


A-9 BRIAN BROWN

Brian Brown, Clerk, Division of Revenue, Department of
the Treasury, removal effective November 7, 1997, on
charges of conduct unbecoming a public employee, and
sexual harassment.

Recommendation of the Administrative Law Judge - Uphold
the removal.

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


A-10 CONSTANTINE LOGINOW

Constantine Loginow, Motor Broom Driver, City of
Trenton, removal effective July 10, 1998, on charges of
conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold
the removal.

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

A-11 RAMON RIVERA

Ramon Rivera, Firefighter, Fire Department, City of
Hoboken, removal effective August 21, 1995, on charges
of conduct unbecoming a public employee, conduct, on or
off duty, unbecoming a member of the Department, or
tending to lower their service in the estimation of the
public, conduct prejudicial to good order and
discipline and violation of a settlement agreement.

Recommendation of the Administrative Law Judge -
Dismiss the appeal.

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

A-12 ROBERT SANTINI

Robert Santini, Painter, Division of Property,
Management and Construction, Department of the
Treasury, removal effective January 26, 1998, on
charges of conduct unbecoming a public employee;
disruption of the workplace; physically assaulting co-
workers; engaging in behavior that creates a hostile
and threatening work environment and impeding the
effective delivery of service.

Recommendation of the Administrative Law Judge - Uphold
the removal.

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


A-13 EDWARD URBAN

Edward Urban, Laborer, City of Linden Public Works,
removal effective December 18, 1997, on charges of
inability to perform duties, chronic or excessive
absenteeism or lateness, conduct unbecoming a public
employee and neglect of duty.

Recommendation of the Administrative Law Judge - Uphold
the removal.

ACTION: The Merit System Board remanded this matter
to the Office of Administrative Law.

A-14 PETER BRUCE - SETTLEMENT

Peter Bruce v. City of Passaic - Initial termination at
the end of the Working Test Period due to
unsatisfactory services. Settled to a lump sum payment
in the amount of $50,000. The Merit System Board at
its meeting of March 23, 1999, directed that this
matter be held over for the advice of the Attorney
General's Office.

Recommendation of the Administrative Law Judge -
Acknowledge the settlement.

ACTION: The Merit System Board acknowledged the
settlement.

A-15 ROBERT GREDONE

Robert Gredone, Supervisor, Regional Food Services,
Bayside State Prison, Department of Corrections,
removal effective May 9, 1997, on charges including
conduct unbecoming a public employee, neglect of duty
and falsification. The Merit System Board at its
meeting of April 20, 1999, directed that this matter be
held over for the receipt of cross exceptions from the
appellant's attorney.

Recommendation of the Administrative Law Judge -
Reverse the removal.

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


A-16 ANDRES VIVES RIVERA - MOTION FOR SUMMARY JUDGMENT

Andres Vives Rivera, Residential Services Worker,
Woodbine Developmental Center, Department of Human
Services, removal effective January 22, 1998, on
charges of falsification; misstatement of material fact
in connection with an employment application. The
Merit System Board at its meeting of March 9, 1999,
directed that this matter be held over for the Attorney
General's advice as to the Board's position on
forfeiture in public employment cases.

Recommendation of the Administrative Law Judge - Uphold
the removal.

ACTION: The Merit System Board modified the
recommendation of the Administrative Law
Judge to reverse the removal.

A-17 FELICIA LAWSON

Felicia Lawson, Cottage Training Technician, Woodbine
Developmental Center, Department of Human Services,
removal, effective April 8, 1997, on charges of verbal
and physical abuse of a client.

Recommendation of the Administrative Law Judge -
Reverse the removal.

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

SECTION B - MISCELLANEOUS MATTERS

B-1 RAMON ALVARADO

Ramon Alvarado, represented by Kevin P. McGovern, Esq.,
appeals his rejection as a Police Officer candidate by
the City of Jersey City 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 STEPHEN B. BUCZYNSKI

Stephen B. Buczynski, represented by Harold U. Johnson,
Jr., Esq., 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 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-3 GARY ERDMANN
Gary Erdmann appeals his rejection as a Police Officer
candidate by the Township of Parsippany-Troy Hills 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-4 PATRICIA BATTALIA

Patricia Battalia, a Principal Audit Account Clerk with
the Division of Taxation, Department of the Treasury,
represented by Mike Lohman, CWA Local 1033, appeals the
denial of sick leave injury (SLI) benefits.

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


B-5 SHIRLEY BELTON

Shirley Belton, a Cottage Training Technician with New
Lisbon Developmental Center, Department of Human
Services, represented by Linda Cossey, AFSCME Local
2209, appeals the denial of sick leave injury (SLI)
benefits.

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


B-6 CHRISTOPHER CLINE

Christopher Cline, a Senior Correction Officer with
South Woods State Prison, Department of Corrections,
appeals the denial of sick leave injury (SLI) benefits.

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

B-7 DOMINICK J. DEVITT

Dominic J. Devitt, Jr., a Practical Nurse at Hunterdon
Developmental Center, Department of Human Services,
appeals the denial of sick leave injury (SLI) benefits.

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

B-8 BEVERLY GURDGIEL

Beverly Gurdgiel, a Cook with Woodbine Developmental
Center, Department of Human Services, appeals the
denial of sick leave injury (SLI) benefits.

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

B-9 DEBORAH HADALA

Deborah Hadala, an Administrative Analyst 2 with the
Department of the Treasury, appeals the denial of sick
leave injury (SLI) benefits.

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

B-10 PAMELA HAILSTORK-ROBINSON

Pamela Hailstork-Robinson, a Senior Correction Officer
at Northern State Prison, Department Corrections,
appeals the denial of sick leave injury (SLI) benefits.

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

B-11 IRENE LIPPERT

The Department of Corrections, on behalf of Irene
Lippert, a Supervisor, Regional Food Service Operations
with East Jersey State Prison, requests the relaxation
of N.J.A.C. 4A:6-1.6(b)3 to allow Ms. Lippert to
receive sick leave injury (SLI) benefits beyond the one-
year limitation.

ACTION: The Merit System Board granted the request.

B-12 HERBERT F. MYRIE

Herbert F. Myrie, a Human Services Assistant with New
Lisbon Developmental Center, Department of Human
Services, represented by Joseph L. Gijanto, Esq.,
appeals the denial of sick leave injury (SLI) benefits.

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

B-13 DONNA ROZANSKY

Donna Rozansky, a Claims Examiner,
Unemployment/Disability Insurance with the Department
of Labor, appeals the denial of sick leave injury
(SLI) benefits.

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

B-14 PATRICIA SALT

Patricia Salt, who was formerly employed as a
Classification Officer 1 with the Department of
Corrections, appeals the denial of sick leave injury
(SLI) benefits.

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

B-15 RHONDA SMITH

Rhonda Smith, a Family Service Specialist 3 with the
Division of Youth and Family Services, Department of
Human Services, appeals the denial of sick leave injury
(SLI) benefits.

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

B-16 GORDON VAN DOIMEN

Gordon Van Doimen, a Human Services Technician with
Greystone Park Psychiatric Hospital, Department of
Human Services, appeals the denial of sick leave injury
(SLI) benefits.

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

B-17 JO WILLS

Jo Wills, a former Auditor 1, retired effective October
31, 1997, with the Department of Health & Senior
Services, appeals the denial of sick leave injury (SLI)
benefits.

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

B-18 THELMA WOOLVERTON

Thelma Woolverton, a Secretarial Assistant 3 with the
Division of Family Development, Department of Human
Services, appeals the denial of sick leave injury (SLI)
benefits.

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

B-19 STANLEY BEDNARCZYK

Stanley Bednarczyk, a Police Officer with the Borough
of Wallington, represented by Gerald Jay Resnick, Esq.,
petitions the Merit System Board for a stay of his
impending seven day suspension pending the outcome of
his hearing at the Office of Administrative Law.

ACTION: The Merit System Board denied the request for
a stay.

B-20 BOBBY MAYFIELD

Bobby Mayfield, a Correction Sergeant with the
Department of Corrections (DOC), represented by Robert
B. Reed, Esq., appeals the determination of the
Director of the Equal Employment Division with the DOC,
stating that the appellant failed to present sufficient
evidence to support a finding of probable cause that he
had been discriminated against based on his race or as
reprisal for filing prior discrimination complaints.

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

B-21 EVERSLEY R. SIFONTES

Eversley R. Sifontes, a Police Officer, City of Newark,
represented by Anthony J. Fusco, Jr., Esq., petitions
the Merit System Board for reconsideration of the final
administrative decision rendered on December 28, 1998,
denying his request for a hearing in regard to his 10-
day suspension beginning on October 1, 1996, on
charges.

ACTION: The Merit System Board granted the request
for reconsideration and directed that this
matter be transmitted to the Office of
Administrative Law.

B-22 RICHARD VOGEL, SR.

Peter Zwiebach, Esq., on behalf of Cohen, Weiss and
Simon, Counsellors at Law, requests reconsideration of
those portions of the final administrative decision, In
the Matter of Richard Vogel, Sr. (MSB, decided March
9, 1999), which state that Mr. Vogel was represented by
Earl R. Pfeffer, Esq., of the above-stated law firm,
and that Mr. Vogel received erroneous advice from his
union representative.

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

B-23 RICHARD CHAPMAN

Richard Chapman appeals the decision of Human Resource
Information Systems which found that the City of Newark
had presented a sufficient basis to remove his name
from the Police Officer (M3394X) eligible list, based
on an unsatisfactory background report and driving
record.

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

B-24 JOHN FIEDOROWICZ

John Fiedorowicz appeals the decision of Human Resource
Information Services which found that the appointing
authority had presented a sufficient basis to remove
his name from the Fire Fighter (M4304X), City of
Bayonne eligible list due to his failure to meet the
age requirement for the position. This matter was held
over from the June 8, 1999, Merit System Board meeting
for review by the Attorney General's Office which has
now been completed.

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

B-25 TYRONE JOHNSON

Tyrone Johnson, represented by Hardge Davis, Jr., Esq.,
appeals the decision of Human Resource Information
Systems which found that the appointing authority had
presented a sufficient basis to remove his name from
the eligible list for Police Officer (M3394X), City of
Newark, based on an unsatisfactory driving record.

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

B-26 KEVIN J. PHALON

Kevin J. Phalon, represented by Jeffrey T. Carney,
Esq., appeals the decision of Human Resource
Information Systems which determined that West New York
had presented a sufficient basis to remove his name
from the Fire Fighter (M1517M) eligible list on the
basis of non-residency.

ACTION: The Merit System Board granted a hearing.

B-27 KEVIN MCGINN

Kevin McGinn, represented by A.J. Fusco, Jr., Esq.,
appeals the decision of Human Resource Information
Systems which found that the County of Hunterdon had
presented a sufficient basis to remove his name from
the County Correction Officer (C6340S) eligible list
due to an unsatisfactory criminal record.

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

B-28 JULIUS BEASLEY

Julius Beasley, a Supervising Juvenile Detention
Officer with Passaic County, represented by MeLinda
Hawkins Taylor, Esq., petitions the Merit System Board
for back pay, counsel fees and interest.

ACTION: The Merit System Board granted the
request for back pay
and denied the request for counsel fees
and interest.

B-29 CLERK (SPECIAL REEMPLOYMENT LIST), TOWN OF WEST NEW
YORK

The Town of West New York, represented by George B.
Campen, Esq., requests reconsideration of the decision
rendered on August 4, 1998 by the Merit System Board
ordering it to immediately dispose of the outstanding
certification for Clerk (Special Reemployment List),
Town of West New York, to immediately remove the
provisional, Marcela Hechavarria, and to pay compliance
processing costs in the amount of $250.00.

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

B-30 TRUCK DRIVER (M0857U & M6173O), CITY OF NEWARK

The appointing authority's failure to properly dispose
of the certification for Truck Driver while provisional
appointees are serving in the title has been referred
to the Merit System Board for enforcement.

ACTION: The Merit System Board ordered the Appointing
Authority to remove the provisional, make an
appointment from the certification and pay
compliance costs.

B-31 ASUTOSH CHAKRABARTI

The appeal of Asutosh Chakrabarti, Chief Actuary,
Department of Banking and Insurance, concerning his
layoff for reasons of economy, was heard by
Administrative Law Judge Jeff S. Masin (ALJ), on remand
from the Merit System Board. At its meeting of
February 10, 1998, the Merit System Board upheld the
ALJ's recommendation to dismiss the appeal. The instant
written decision amplifies and clarifies issues
contained in the Board's previous written decision.
This matter was held over from the June 8, 1999 Merit
System Board meeting for further review by the Attorney
General's Office which has now been completed. The
proposed final decision is now submitted for the
Board's review.

ACTION: The Merit System Board adopted the final
decision.

B-32 THOMAS GRILL AND JAMES WALSH

The appeals of Thomas Grill, Police Captain, and James
Walsh, Police Lieutenant, Newark Police Department,
City of Newark, of their indefinite suspensions,
pending disposition of criminal charges, effective July
5, 1996, and removals effective May 28 and May 22,
1997, respectively, were heard by Administrative Law
Judge Diana C. Sukovich (ALJ), who rendered her initial
decision on December 21, 1998. At its meeting on March
9, 1999, the Merit System Board accepted and adopted
the findings of fact as contained in the ALJ's initial
decision; however, it did not accept her recommendation
to modify the removals to formal written reprimands.
Rather, the Board concluded that the appropriate
penalty for both appellants was a six-month suspension.
However, upon a further review of the record, including
the initial decision, the exceptions and cross
exceptions, and the testimony presented at the Office
of Administrative Law hearing, the Board, upon its own
motion, granted reconsideration of its March 9, 1999
decision. Upon reconsideration, in regard to appellant
Grill, the Board concluded that the removal should be
vacated, and in regard to appellant Walsh, the Board
found that the appropriate penalty is a five-day
suspension. The proposed final decision in this matter
is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final
decision.

B-33 ARNOLD JOHNSON

The appeal of Arnold Johnson, a Human Services
Assistant at the Greystone Park Psychiatric Hospital,
Department of Human Services, removal effective
February 10, 1998 on charges, was heard by
Administrative Law Judge Michael L. Ravin (ALJ), who
rendered his initial decision on April 29, 1999
recommending that the removal be modified to a six-
month suspension. At its meeting on June 8, 1999, the
Board did not adopt the ALJ's recommendation that the
appellant be suspended for six months. Rather, the
Board upheld the removal. The proposed final decision
is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final
decision.

B-34 EDWARD O'NEIL

The appeal of Edward O'Neil, an Equipment Operator with
the Department of Public Works, Borough of Highlands,
removal effective October 17, 1997 on charges, was
heard by Administrative Law Judge Solomon A. Metzger
(ALJ), who rendered his initial decision on March 29,
1999 recommending that the removal be modified to a 90-
day suspension. At its meeting of June 8, 1999, the
Board did not accept the ALJ's recommendation that the
appellant be suspended for 90 days. Rather, the Board
upheld the removal. The proposed final decision is now
submitted for the Board's review.

ACTION: The Merit System Board adopted the final
decision.

B-35 BERNARD BIESIADA

Bernard Biesiada appeals the decision of the Division
of Selection Services which found that he did not meet
the requirements for the open-competitive examination
for Supervisor of Patient Accounts (C0748W), Monmouth
County.

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


B-36 BRUCE BROOKS

Bruce Brooks appeals the determination of the Division
of Selection Services which found that appellant did
not meet the requirements for the promotional
examination for Administrative Analyst 4 (Data
Processing) (PS6430I), Department of Corrections.

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

B-37 MADELINE CINQUE

Madeline Cinque appeals the decision of the Division of
Selection Services which found that appellant did not
meet the requirements for the promotional examination
for Administrative Analyst 4 (PS6825K), North Jersey
Developmental Center.

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

B-38 GARY S. DALINA

Gary S. Dalina appeals the determination of the
Division of Selection Services which found that he did
not meet the experience requirement for the promotional
examination for Records Management Analyst (PC3199V),
Middlesex County.

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

B-39 GAIL ROBERT DAVIS AND GEORGE RODDERICK YOUNG

Gail Robert Davis and George Rodderick Young appeal the
determination of the Division of Selection Services,
which found that they did not meet the experience
requirement for the promotional examination for
Supervisor Juvenile Unit Corrections, (PS7037P),
Juvenile Justice Commission.

ACTION: The Merit System Board directed that these
appeals be granted.

B-40 FRANK DEFEO

Frank DeFeo appeals the determination of the Division
of Selection Services which found that he did not meet
the experience requirements for the examination for
Accounting Assistant (PS7061U), Department of Treasury.

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

B-41 CHARLES A. FARROW, SR.

Charles A. Farrow, Sr. appeals the determination of the
Division of Selection Services which found that he did
not meet the experience requirements for the
promotional examination for Assistant Supervisor of
Professional Residential Services, Developmental
Disabilities (PS7146K), Woodbine Developmental Center.

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


B-42 MARISOL GARCIA-PAUL

Marisol Garcia-Paul appeals the decision of the
Division of Selection Services which found that she did
not meet the experience requirements for the open
competitive examination for Field Representative
Elections (C0532O), Hudson County.

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

B-43 CHARLES GARROD

Charles Garrod appeals his score for the open-
competitive examination for Assistant Director of Data
Processing (C6443W), Middlesex County.

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

B-44 BARRY M. HANTMAN

Barry M. Hantman appeals the determination of the
Division of Selection services which found that he did
not meet the experience requirements for the
promotional examination for Coordinator, Health
Projects 3 (PS6373H), Department of Health and Senior
Services.

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

B-45 DANE HOLT

Dane Holt appeals the decision of the Division of
Selection Services which found that appellant did not
meet the experience requirements for the open
competitive examination for Public Information
Assistant (M0674W), Newark School District.

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

B-46 WALTER T. JACOBS

Walter T. Jacobs appeals the determination of the
Division of Selection Services, which found that he did
not meet the experience requirement for the open
competitive examination for Housing Inspector (M0553O),
Union Township.

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

B-47 ROSE LIVINGSTON-JONES

Rose Livingston-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 Investigator Student Loans
(S0111O).

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

B-48 LOUIS A. MACCARONE, Jr.

Louis A. Maccarone, Jr., appeals the determination of
the Division of Selection Services, which found that he
did not have sufficient permanent service time to be
eligible for the promotional examination for Management
Specialist (PM3907V), Newark School District.

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

B-49 ANTOINETTE MATHES

Antoinette Mathes appeals the decision of the Division
of Selection Services which found that appellant did
not meet the requirements for the promotional
examination for Business Manager (PM1165W), Ridgewood.

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

B-50 MICHAEL R. NORFLETT

Michael R. Norflett appeals the decision of the
Division of Selection Services which found that
appellant did not meet the experience requirements for
the promotional examination for Supervisor of
Recreation (PS3918I), Edna Mahan Correctional Facility
for Women.

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

B-51 DONALD J. PFANSTIEL

Donald J. Pfanstiel appeals the determination of the
Division of Selection Services which found that he did
not meet the experience requirements for the
promotional examination for Assistant Supervisor of
Professional Residential Services, Developmental
Disabilities (PS7146K), Woodbine Developmental Center.

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

B-52 JOSEPH PUSO

Joseph Puso appeals the determination of the Division
of Selection Services which found that he did not meet
the requirements for the open-competitive examination
for Counselor Adolescent Unit (C0391O), Morris County.

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

B-53 LINDA REED

Linda Reed appeals the determination of the Division of
Selection Services which found that she did not meet
the experience requirements for the promotional
examination for Principal Procedures Analyst (PS5583D),
Department of Community Affairs.

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

B-54 SUSAN RUBINETTI

Susan Rubinetti appeals the determination of the
Division of Selection Services which found that she did
not meet the experience requirement for the promotional
examination for Executive Assistant 2 (PS4275T),
Department of Transportation.

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

B-55 EDWARD M. SALTER

Edward M. Salter appeals the determination of the
Division of Selection Services which found that he did
not meet the educational requirements for the
examination for Section Supervisor, Fiscal Resources
(PS6587P), Office of the Attorney General.

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

B-56 KATHLEEN R. SAVIDGE

Kathleen R. Savidge appeals the determination of the
Division of Selection Services which found that she was
ineligible for the promotional examination for Buyer
(PC2073V), Camden County Municipal Utilities Authority.

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

B-57 ZYNE T. SCHARITE

Zyne T. Scharite appeals the decision of the Division
of Selection Services which found that appellant did
not meet the experience requirements for the
promotional examination for Secretarial Assistant 2
(Non-Stenographic) (PS4211K), Division of Developmental
Disabilities.

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

B-58 HERBERT R. SIMMERMAN

Herbert R. Simmerman appeals the determination of the
Division of Selection Services which found that he did
not meet the experience requirements for the
promotional examination for assistant Supervisor of
Professional Residential Services (PS7146K), Woodbine
Developmental Center.

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

B-59 ROSE J. SZEMIOT

Rose J. Szemiot appeals the determination of the
Division of Human Resource Management which found that
she was ineligible for the promotional examination for
Senior Clerk (PC4104V), Monmouth County Human Services.

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

B-60 JANET THOMAS

Ralph W. Kornfield, Director of Personnel, County of
Bergen, on behalf of Janet Thomas, appeals the
determination of the Division of Selection Services,
which found that she did not meet the experience
requirement for the promotional examination for Probate
Clerk (PC0421W), Bergen County.

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

B-61 DAVID A. WHATELEY

David A. Whateley appeals the decision of the Division
of Selection Services which found that appellant did
not meet the experience requirements for the open
competitive examination for Fire and Ambulance
Dispatcher (M0036O), Jersey City.

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

B-62 VINCENT AFFINITO

Vincent Affinito appeals his score on the examination
for Police Captain (PM3818V), Paterson.

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

B-63 KENNETH J. BUTKO AND MANO H. LAL

Kenneth J. Butko and Mano H. Lal appeal the scores they
received on the promotional examination for Chief of
Construction Codes and Standards (PS1288D), Department
of Community Affairs.

ACTION: The Merit System Board directed
that these appeals be
denied.

B-64 GARY GRANTLEY

Gary Grantley appeals his score on the examination for
Police Captain (PM4026V), Freehold Township.

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

B-65 RICHARD C. CANTES

Richard C. Cantes, represented by Vincenza Leonelli-
Spina, Esq., appeals his score on the promotional
examination for Police Sergeant (PM4060R), Atlantic
City.

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

B-66 SIDDEEQ EL-AMIN

Siddeeq El-Amin appeals his score on the examination
for Police Captain (PM3819V), Plainfield.

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


B-67 CHARLES FASTIGE

Charles Fastige appeals his score on the examination
for Police Captain (PM3802V), Beach Haven Borough.

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

B-68 RICHARD HORLBECK

Richard Horlbeck appeals his score on the examination
for Police Captain (PM3820V), Ridgewood.

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

B-69 GILBERT HORRACH

Gilbert Horrach appeals his score on the examination
for Police Captain (PM3812V), Long Branch City.

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

B-70 PATRICK JOYCE

Patrick Joyce appeals his score on the examination for
Police Captain (PM3812V), Long Branch City.

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

B-71 KEITH KILLION

Keith Killion, represented by Michael Ryan, Esq.,
appeals his score on the examination for Police Captain
(PM3820V), Ridgewood.

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

B-72 JOHN KRUSE

John Kruse appeals his score on the examination for
Police Captain (PM3814V), Morristown.

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

B-73 WILLIAM NESTER III

William Nester III appeals his score on the examination
for Police Captain (PM3811V), Lawrence Township.

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

B-74 RAYMOND PETERSON

Raymond Peterson appeals his score on the examination
for Police Captain (PM3806V), Egg Harbor City.

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

B-75 BRUCE RAYMOND

Bruce Raymond appeals his score on the examination for
Police Captain (PM3808V), Fair Lawn

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

B-76 ALBERT ROMA

Albert Roma appeals his score on the examination for
Police Captain (PM3812V), Long Branch City

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

B-77 DONALD ROSE

Donald rose appeals his score on the examination for
Police Captain (PM3807V), Ewing Township.

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

B-78 JAMES SMITH

James Smith appeals his score on the examination for
Police Captain (PM3818V), Paterson.

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

B-79 WILLIAM YIRCE

William Yirce appeals his score on the examination for
Police Captain (PM3808V), Fair Lawn.

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

B-80 STEVEN FLANAGAN, ET AL.

Steven Flanagan, et al., various jurisdictions, appeal
the correctness of the scoring key for the multiple-
choice portion of the promotional examination for
Police Captain.

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

B-81 WARREN HALL

Warren Hall appeals the decision of the Division of
Selection Services which found that he cannot review
the multiple choice portion of the examination for Fire
Captain (PM6361V), Asbury Park City.

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

B-82 ETHEL KAYSER

Ethel Kayser appeals the decision of the Division of
Selection Services concerning the correct answer to a
specific question on the promotional examination for
Principal Clerk Typist (PC6385W), Gloucester County.

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

B-83 MARY BATTLE

Mary Battle requests reconsideration of the final
administrative decision rendered on December 8, 1998 in
which appellant's request for admittance to the
examination for Administrative Analyst 2, Management
Auditor (S1625T) was denied.

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

B-84 JOHN MCCORMACK

John McCormack, represented by Michael Lohman, Local
1033, CWA, requests reconsideration of the November 14,
1998 decision of the Merit System Board which denied
his appeal regarding the scoring of the Assistant
Supervisor, Technical Services (formerly Taxpayer
Service Section) (PS5378U), Taxation promotional
examination.

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

B-85 FREDERICK SURDYKA

Frederick Surdyka, represented by Joseph Licata, Esq.,
requests reconsideration of the Merit System Board's
decision, In the Matter of Kim Lucas-Janusz, Police
Lieutenant (PM0155W), Borough of Wallington, rendered
on March 23, 1999, concerning his test papers for that
promotional examination.

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

B-86 LINDA ZULTANSKI

Linda Zultanski, a Senior Vocational Rehabilitation
Counselor with Trenton Psychiatric Hospital, appeals
the denial of participation as a leave recipient in the
donated leave program. It is noted that this matter
was held over from the Board's meeting of May 18, 1999.

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

B-87 ANDREW J. CROWLEY

Andrew J. Crowley, represented by Gerald Fusella, Esq.,
appeals the decision of Human Resource Information
Systems which found that the appointing authority had
presented a sufficient basis to remove his name from
the eligible list for Correction Officer Recruit
(S9998U), Department of Corrections, based on criminal
and driving records which relate adversely to the
position sought.

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

B-88 RUBIELA GROTE

Rubiela Grote appeals the decision of the Division of
Selection Services which found that she failed to
achieve a passing score on the Employment Services
Trainee Bilingual Spanish/English (S0267O) examination.

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

B-89 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of June
8, 1999 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of
its meeting of June 8, 1999.

B-90 CURTIS COHEN

The Department of Corrections (DOC), represented by
Jennifer Meyer-Mahoney, Deputy Attorney General,
requests reconsideration of the decision of the Merit
System Board, In the Matter of Curtis Cohen (MSB,
decided February 9, 1999). Additionally, DOC requests
a stay of the decision pending the outcome of its
request for reconsideration. Further, appellant,
represented by Robert A. Fagella, Esq., requests
enforcement of the subject decision.

ACTION: The Merit System Board denied the request for
reconsideration and a stay and granted the
request for enforcement.

B-91 SONYA BOONE

The appeal of Sonya Boone, Principal Clerk Typist,
Division of Parole and Community Programs, Department
of Corrections, of her six-day suspension on charges,
was heard by Administrative Law Judge Walter F.
Sullivan (ALJ), who rendered his initial decision on
April 29, 1999. The Merit System Board, at its meeting
on June 8, 1999, did not adopt the recommendation of
the ALJ to reduce the discipline to a two-day
suspension. Rather, the Board imposed a five-day
suspension. The proposed final decision is now attached
for the Board's review.

ACTION: The Merit System Board adopted the final
decision.

B-92 JEFFREY FELDMAN

The appeal of Jeffrey Feldman, a Safety Specialist 1
with the Department of Transportation, of his removal
effective April 11, 1997 on charges, was heard by
Administrative Law Judge Diana C. Sukovich (ALJ), who
rendered her initial decision on April 29, 1999
recommending that the removal be upheld. At its
meeting on June 8, 1999, the Board adopted the
recommendation that the appellant be removed. However,
the Board felt it necessary to address the exceptions
filed by the parties. The proposed final decision is
now submitted for the Board's review.

ACTION: The Merit System Board adopted the final
decision.


B-93 JOSEPH VITERITTO

The appeal of Joseph Viteritto, an Assistant Engineer
in Charge of Maintenance 1 at Northern State Prison,
Department of Corrections, removal effective March 5,
1997 on charges, was heard by Administrative Law Judge
Margaret M. Hayden (ALJ), who rendered her initial
decision on April 19, 1999. At its meeting of June 8,
1999, the Board affirmed the ALJ's recommendation to
uphold the removal. However, the Board found it
necessary to address the exceptions and cross
exceptions filed by the parties. The proposed final
decision is now submitted for the Board's approval.

ACTION: The Merit System Board adopted the final
decision.

B-94 JOSEPH ZENNA

The appeal of Joseph Zenna, a Sheriff's Officer with
Ocean County, of his removal effective December 6,
1996, on charges, was heard by Administrative Law Judge
Kathryn A. Clark (ALJ), who rendered her initial
decision on April 29, 1999 recommending that the
removal be upheld. At its meeting on June 8, 1999, the
Board adopted the ALJ's recommendation that the
appellant be removed. However, the Board felt it
necessary to address the exceptions and cross-
exceptions filed by the parties. The proposed final
decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final
decision.

B-95 ARTHUR L. MICCIO

Arthur L. Miccio appeals the ranking of the promotional
eligible list for Chief of Construction Codes and
Standards (PS1288D), Department of Community Affairs.

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

B-96 EARLY SETTLEMENTS

Robert Syll
New Jersey Health and Senior Services
Removal

Kirk Weber
Ancora Psychiatric Hospital
Department of Human Services
58-day suspension

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, July
13, 1999, at 10:00 a.m., at 3 Station Plaza, Trenton, New
Jersey.

__________________________________
JANICE MITCHELL MINTZ
CHAIRWOMAN
MERIT SYSTEM BOARD
 
© State of New Jersey
Civil Service Commission
 
 
OPRA - Open Public Records Act NJ Home Logo
Department: CSC Home  |  Job Seekers  |  Current Employees  |  Appointing Authorities and Employers  |  About Us
Statewide: NJHome  |  Services A to Z  |  Departments/Agencies  |  FAQs
 
Copyright © State of New Jersey, 1996 - 2011