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
Tuesday, August 31, 1999, in Trenton, New Jersey.

PRESENT: Janice Mitchell Mintz, Chairwoman, Merit System
Board Members, Margaret E. L. Howard, Judith L. Shaw and Alan
Dexter Bowman; 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, Janice Mitchell Mintz,
Chairwoman, 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 July 30, 1999 and posted at the Department of
Personnel, 3 Station Plaza, Trenton, New Jersey.

All other actions were by unanimous vote unless otherwise
specified.

State

The Merit System Board approved the recommended changes in the
State Classification Plan, copies of which are attached hereto
and made a part hereof.

TO: Janice Mitchell Mintz
Commissioner

Henry Maurer, Director
Merit Systems Practices and Labor Relations

DATE: June 14, 1999


FROM: Marjorie Schwartz, Director
Human Resource Management

SUBJECT: Change in Classification Plan

Department of Military and Veterans Affairs

The State Department of Military and Veterans Affairs has been
using the title of Project Specialist for its positions in the
Challenge Youth Program which is a 22 week residential voluntary
program located at Fort Dix for youths 16 to 18 years old who are
high school dropouts.

The goal of this program is to deter high school dropouts from
the high percentage of prison incarceration, drug abuse and
unemployment characteristics of this group by providing a "second
chance" or "next opportunity" to these youths through education,
life skills, leadership and employment training, and subsequent
maundering.

We have denied the continued use of the Project Specialist title
and have determined the appropriate career service titles for
these positions which are to become effective July 1, 1999. In
order to effectuate the title transfer of employees currently
working 40 hours per week, the additional workweek designations
listed below are requested.

Additional Workweek Designation
Eff: 07-01-99

Accounting Assistant A15 Career WW 4012
Secretarial Assistant 3 A17 Career WW 4012
(Non Stenographic)
Senior Stock Clerk A12 Career WW 4012


DATE: July 30, 1999

TO: Janice Mitchell Mintz, Commissioner
Department of Personnel

Henry Maurer, Director
Merit System Practices and Labor Relations

FROM: Marjorie Schwartz, Director
Division of Human Resource Management

SUBJECT: Changes in the State Classification Plan

As part of the Governor's "New Jersey First" initiative, the
Department of Transportation requests your approval of the re-designation
of a position already allocated to the Senior Executive Service.

Justification -- Position Number 021561

This position would be re-designated as Director, Division of
Local Government Services and Economic Development. In that
capacity the position would be responsible to the direct
programs that provide financial assistance to county and local
government agencies, and other non-governmental entities in
support of the Governor's vision for an efficient transportation
system and economic development.

The position would report to the Assistant Commissioner for
Planning, Research, and Local Government Services. It would have
an operating budget of $2,900,000 and be responsible for an
assigned staff of 52 positions. The assigned positions will
include five Manager 2, Department of Transportation (Roadway
Design) positions, four of which will be responsible for the
management of individual regional offices. The regional offices
jointly will deliver state and federal funded capital projects
totaling $200 million.

DATE: August 6, 1999

TO: Janice Mitchell Mintz, Commissioner
Department of Personnel

Henry Maurer, Director
Merit System Practices and Labor Relations

FROM: Marjorie A. Schwartz, Director
Division of Human Resource Management

SUBJECT: Title Consolidation and Title Re-evaluations

DEPARTMENT OF LABOR

The Department of Labor proposes two title consolidations and
three title re-evaluations as part of a restructuring of titles
within its Division of Disability Determinations Services.

Background

The proposed restructuring is in response to procedural changes
imposed by the Social Security Administration (SSA). The SSA has
eliminated the procedure that would reconsider disability claims
formally denied in the initial review. Under the proposed
structure, "a single decision maker model," requires the
adjudicators to propose medical conclusions in their
determinations without consultation from medical and
psychological professionals, which effectively eliminates the
basis for retaining the Claims Adjudicator title series.

Moreover, on December 20, 1997, Marjorie Schwartz, Director of
the Division of Human Resource Management, Department of
Personnel, responding to a position classification appeal,
determined that there was no substantive distinction found
between individuals performing the work of a Claims Adjudicator 1
from those performing the work of a Claims Adjudicator Specialist 1.

Prior to this review, the Claims Adjudicator Specialist series
reportedly processed the more complex and specialized disability
claims. However, over time, these distinctions have diminished
and employees at various levels in the Claims Adjudicator series
were assigned work involving complex and/or specialized claims.
Thus the classification determination provided further impetus
for the Department of Labor to merge the Claims Adjudicator
and the Claims Adjudicator Specialist series as one.

Under the current title structure there is a separate title
series for each functional area of claims adjudication, i.e.,
Medical Relations Specialist, Claims Adjudicator Specialist and
Claims Adjudicator. The proposed title structure would
integrate these functional areas into one with a single title
series from the trainee to the supervisory level professional.

A schema of the proposed title actions for the Division of
Disability Determinations Services is attached for your perusal.

Requested actions:

Title Consolidation and Concurrent name change

Rename the Claims Adjudicator Specialist 1 to Claims Adjudication
Supervisor, Disability Determinations and consolidate the
following titles into the latter:

R27 64949 Claims Adjudicator Specialist 1
R27 64966 Medical Relations Specialist 1
R26 64954 Claims Adjudicator 1, Disability Determinations

As a result of the classification appeal determination which
found that employees in the title of Claims Adjudicator 1,
Disability Determinations were performing work consistent with
the Claims Adjudicator Specialist 1, the department no longer
used the former title, so there will be no direct salary impact
on employees. However, including this title in the consolidation
will ensure that title displacement rights are accorded those
employees who previously held the title on a permanent basis.

FROM: TO:

Claims Adjudicator Specialist 1 Claims Adjudication Supervisor,
R27 64949 NL cc 27 Disability Determinations
R27 64949 NL cc 27

Title Reevaluation and Concurrent name change

The title, Medical Relations Specialist 2 currently exists in the
Division of Disability Determinations to serve as liaison to the
professional medical community. Duties include contacting
physicians, psychologists, hospitals, clinics or other treatment
sources to strengthen the evaluations and determinations of
claims for Social Security Disability. These functions and those
previously performed by the Social Security Administration would
be subsumed under the "single decision maker model" by a Senior
Claims Adjudicator Specialist.

Initially, as a pilot project, employees of the Division of
Disability Determinations were trained to perform tasks that were
previously the responsibility of the Social Security
Administration. They interviewed claimants and made financial,
technical, medical, vocational and legal eligibility
determinations for the various Social Security Disability claims.
Their action culminated in either the authorization of payment or
the issuance of a notice of ineligibility, functions previously
performed by the Social Security Administration. Since these
determinations involve the actual authorization or denial of
payment, and are made on behalf of the Social Security
Administration, the evaluated job content of the proposed title,
Senior Claims Adjudicators Specialist, Disability Determinations
should reflect the substantive increase in the duties and level
of responsibilities that are beyond the Medical Relations
Specialist 2.

Combining the two functions into a single title will provide the
Division of Disability Determinations with greater flexibility in
the allocation of staff resources.

FROM: TO:

Medical Relations Specialist 2 Senior Claims Adjudicator Specialist,
P24 64964 NE cc 24 Disability Determinations
P25 64964 35 cc 26

Title Consolidation and Concurrent Name Change

Rule Relaxation to allow incumbents to move into the title on a
lateral basis

The Claims Adjudicator Specialist 2 would be renamed, Senior
Claims Adjudicator, Disability Determinations. It would be
consolidated with a second title, Claims Adjudicator 2,
Disability Determinations (P21 64953), resulting in a single
title. Because the Claims Adjudicator 2, Disability
Determinations has a lower class code than the Claims Adjudicator
Specialist 2, a rule relaxation of N.J.A.C. 4A: 4-7.6, which
provides that a lateral title change may be made only if the two
titles are assigned the same class code, is requested to enable
all incumbents to move into the consolidated title as if the action
were a lateral rather than promotional. There are currently 27
employees affected by this title change. They would remain at
their current salary level until the date of their next increment.
At that time, they would move to the appropriate step in the
new salary range. This request is proffered, in part, as a
resolution to the January 6, 1998 decision of the Appellate
Division of the Superior Court of New Jersey regarding the
matter of Sheilah M. Garry. In that matter, the court found
merit in a classification appeal filed on behalf of Ms. Garry
and remanded same to the Commissioner of Personnel for
reconsideration.

FROM: TO:

Claims Adjudicator Specialist 2 Senior Claims Adjudicator,
P23 64947 35 cc. 24 Disability Determinations
P23 64947 35 cc24

Claims Adjudicator 2,
Disability Determinations
P21 64953 35 cc. 22

Reevaluation and concurrent name change

The proposed restructuring of titles within the Division of
Disability Determinations combines the Claims Adjudicator series
and the Claims Adjudicator Specialist series. Under the
restructuring, the Claims Adjudicator 3, Disability
Determinations, would be renamed, Claims Adjudicator, Disability
Determinations. Since no comparable entry level professional
title in the Claims Adjudicator Specialist series currently
exists, a re-evaluation of the Claims Adjudicator 3, Disability
Determinations is requested to properly recognize changes at that
level.

In particular, the Department of Labor indicates that over the
past several years, the job of Claims Adjudicator 3 has become
increasingly more complex and detail oriented. The changes have
been consistent with those changes which made the higher levels
of the Claims Adjudicator series obsolete. While most functions
of the Claims Adjudicator 2, Disability Determinations will
evolve into the Senior Claims Adjudicator function, additional
duties to be performed by the claims adjudicators support a one
range increase in the job evaluation.

FROM: TO:

Claims Adjudicator 3 Claims Adjudicator, .
Disability Determinations Disability Determinations
P19 64952 35 cc 20 P20 64952 35 cc21

Re-evaluation and Concurrent name change

Because of the elimination of field assignments, the Claims
Adjudicator Field Representative is being converted from a field
outreach title to an office-based title.

As a result, the title will no longer meet the criteria for an
"NE" workweek. A change in workweek designation from "NE" to
"35" would result in a reduction of one range in salary for all
employees currently holding the title. Approval of the re-
evaluation obviates the prospective reduction in salary for the
incumbents.

In further support of the re-evaluation, the Department of Labor
notes that since, the work performed by the title will be office
based, the incumbents will be expected to take a more extensive
role in applying standards and procedures to the collection and
recording of medical data.

FROM: TO:

Claims Adjudicator, Claims Adjudicator Support Specialist 1
Field Representative A16 64945 35 cc 17
A16 64945 NE cc 16

Approval of these requests is recommended.

CONFIDENTIAL APPOINTMENTS

The Merit System Board recorded the following Confidential
Appointments under N.J.S.A. 11A:3-4(h):

Kathleen M. Immordino, appointed as Confidential Assistant,
Department of Transportation, effective June 5, 1999, salary of
$79,560.00 per annum.

Cynthia Kirchner, appointed as Confidential Assistant, Department
of Health and Senior Services, effective June 19, 1999, salary
of $83,143.64 per annum.

Nancy Tindall, appointed as Confidential Secretary, Department of
the Treasury, effective August 16, 1999, salary of $79,000.00 per
annum.

Barbara De Graaf, appointed as Confidential Assistant, Department
of Human Services, effective March 27, 1999, salary of $80,000.00
per annum.

Richard Brown, appointed as Confidential Assistant, Department of
Environmental Protection, effective April 24, 1999, salary of
$68,000.00 per annum.

WITHDRAWAL OF APPEALS

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

Christopher Clifford, Laborer, Heavy, Department of Public Works,
Township of Moorestown, removal.

Frank Crimeni, Jr., Sheriff's Officer, Sheriff's Department,
County of Bergen, removal.

Eugenia Daniels, Laundry Worker, Buttonwood Hospital, County of
Burlington, removal.

Angela Matthews, Hospital Attendant, Buttonwood Hospital, County
of Burlington, suspension.

James Mullikin, County Correction Officer, Department of
Corrections, County of Hunterdon, suspension.

Arthur Snellbaker, Police Inspector, Department of Public Safety,
Atlantic City, suspension and fine.

Eugenio D. Stapler, Senior Juvenile Detention Officer, Youth
Services Department, Passaic County, removal.

Andrew Yu, Public Works Inspector, Department of Public Works and
Parks Recreation, Bayonne, layoff.

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:

Brian Joseph Hart, Senior Road Inspector, Department of Public
Works, County of Camden removal.

Robert Hockenbury, Senior Correction Officer, Department of
Corrections, Mountainview Youth Correctional Facility,
resignation not in good standing.

Joseph Kelley, Food Service Worker, Buttonwood Hospital,
Burlington County, removal.

Helen Lamboy, Public Safety Telecommunicator Bilingual, Sheriff's
Office, County of Hudson, removal.

Ronnie McDaniels, Human Services Assistant, Department of Human
Services, Greystone Park Psychiatric Hospital, removal.

Minnie Paul, Claims Adjudicator 2, Disability Determinations,
Department of Labor, Disability Determinations, Return to former
title of Claims Adjudicator 3, Disability Determinations.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of James Brice
City of Newark
Resignation Not in Good Standing

In the Matter of Calvin Curly Brown
New Jersey State Prison -Department of Corrections
Suspension

In the Matter of Zakiyyah Daaliya
County of Camden
Removal

In the Matter of Robert Dempsey
New Lisbon Developmental Center - Department of Corrections
Suspension

In the Matter of Thelma Evans-Knight
County of Morris
Suspension

In the Matter of Vincent Gagliardi
Jackson Township - Public Works
Resignation Not in Good Standing

In the Matter of Urban Giordino
Passaic County
Removal

In the Matter of Monyque C. Green
Township of Hillside
Removal of Name from Police Officer's Eligible List

In the Matter of Shellene Hayes
North Jersey Developmental Center - Department of Human Services
Removal

In the Matter of Richard Honeycutt
County of Bergen
Suspension

In the Matter of Rosella Horcey
Ancora Psychiatric Hospital - Department of Human Services
Removal

In the Matter of Christina Jackson
New Jersey State Prison - Department of Corrections
Suspension

In the Matter of Stephanie Jacobs
Family and Community Development - Atlantic County
Resignation Not in Good Standing

In the Matter of Patricia Jones
Department of Health and Senior Services
Removal

In the Matter of Christopher Kehoe
County of Morris
Removal

In the Matter of Ralph Lollar
Division of Developmental Disabilities - Department of Human Services
Indefinite Suspension

In the Matter of Dana Lyons
Trenton Psychiatric Hospital - Department of Human Services
Resignation Not in Good Standing and Removal

In the Matter of Frederick Mabie
County of Bergen
Suspension

In the Matter of Sean L. McKeon
County of Monmouth
Suspension and Demotion

In the Matter of Alpheus Okezie
Ancora Psychiatric Hospital - Department of Human Services
Suspension

In the Matter of Sandra Peterson
Hudson County Department of Public Safety
Removal

In the Matter of Shannon Rush
County of Mercer
Removal

In the Matter of Herbert Smith
City of Newark School District
Removal

In the Matter of Gladys Thomas
Newark (City) Health and Human Services
Removal

In the Matter of Rodney Tillery
Department of Human Services, Division of Mental Health
Removal

In the Matter of Lennox Williams
Department of Treasury
Suspension


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


ACTION: The Merit System Board acknowledged the
settlements with the exception of Thelma Evans-
Knight, which was held over.

A-2 NICK CIANCIOSI

Appeal of Nick Cianciosi, Security Guard, County of
Passaic, released at the end of his Working Test Period
effective July 7, 1997.

Recommendation of the Administrative Law Judge - Uphold
release at the end of the Working Test Period.

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

A-3 DEPARTMENT OF TRANSPORTATION, 1995 LAYOFFS

Appeal of 96 employees of the Division of Motor
Vehicles, State Department of Transportation who were laid
off/demoted, effective July 8, 1995, for reasons of economy
and efficiency.

Recommendation of the Administrative Law Judge - Uphold the
layoffs.

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

A-4 EILEEN DOLAN

Eileen Dolan, Clerk Typist, Administrative Office of the
Courts - Judiciary - Essex Vicinage, indefinite suspension,
on charges of being unfit for duty.

Recommendation of the Administrative Law Judge - Appeal be
dismissed.

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

A-5 VIRGINA GAROFALO

Virginia Garofalo, Principal Account Clerk, Morris
County Board of Social Services, suspension for 7 days
beginning October 27, 1997, and ending November 4, 1997, and
removal effective November 5, 1997, on charges of
incompetency, inefficiency and failure to perform duties as
assigned.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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

A-6 EMILY GRAHAM-WEBER

Layoff of Emily Graham-Weber, Executive Assistant,
Department of Public Safety, Essex County, effective August
30, 1991, for reasons of economy and efficiency.

Recommendation of the Administrative Law Judge - Uphold the
layoff.

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

A-7 MAUREEN HINDS, SUSAN LUPO, AND WILLIAM QUINN

Maureen Hinds, Program Coordinator Mental Health, Susan
Lupo, Program Coordinator Mental Health, William Quinn, III,
Program Coordinator Mental Health, Hudson County, layoff
effective December 31, 1997, and William Quinn demotion to
the title of Clerk Typist in lieu of layoff December 31,
1997, for reasons of economy and efficiency.

Recommendation of the Administrative Law Judge - Uphold the
layoffs.

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

A-8 ANTONIO SANTANA

Antonio Santana, Sr., Assistant Zoning
Officer/Relocation Officer/Sr. Housing Inspector, City of
Perth Amboy, back pay owed to appellant representing 34 days
for 1992 and 260 days in 1993.

Recommendation of the Administrative Law Judge - Dismiss the
Appeal.

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

A-9 STEPHEN BALKARAN

Stephen Balkaran, Senior Operator Refrigeration
Services, Northern State Prison, Department of Corrections,
removal effective April 8, 1998, on charges of
insubordination.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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

A-10 WILLIAM BARTLESON, JR.

William Bartleson, Jr., Correction Officer Recruit, Bayside
State Prison, Department of Corrections, removal effective
May 14, 1998, on charges of conduct unbecoming an employee.

Recommendation of the Administrative Law Judge - Modify
the removal to a 60 day suspension.

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

A-11 GERALD MORGAN

Gerald Morgan, Cottage Training Technician, Woodbine
Developmental Center, Department of Human Services, removal
effective June 4, 1997, on charges of inappropriate
physical contact of a client.

Recommendation of the Administrative Law Judge - Dismiss the
appeal and dismiss the charges.

ACTION: The Merit System Board dismissed the
appeal but upheld the charges.

A-12 CHARLES RAYMOND

Charles Raymond, Senior Correction Officer, Juvenile
Justice Commission, Division of Law and Public Safety,
removal effective October 23, 1998, on charges of
inappropriate physical contact or mistreatment of an inmate,
patient, client, resident, or employee and conduct
unbecoming a public employee.

Recommendation of the Administrative Law Judge - Modify
the removal to a 90 day suspension.

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

A-13 EMMITT WILLIAMS

Emmitt Williams, Senior Youth Worker, Juvenile Justice
Commission, Department of Law and Public Safety, removal
effective July 1, 1998, on charges of neglect of duty and
not following unit procedures.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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

A-14 THERESA BANNISTER - SETTLEMENT

Theresa Bannister, Communications Operator, Albert C. Wagner
Youth Correctional Facility, Department of Corrections,
removal, on charges of chronic or excessive absenteeism or
lateness and an unexcused lateness of 30 minutes or more
(May 8, 1998 incident) and removal for an unexcused lateness
of 30 minutes or more (May 23, 1998 incident). Settled to a
30 day suspension for May 8, 1998 incident and a 60 day
suspension for the May 23, 1998 incident, reinstatement to
employment, and voluntary demotion to the title of Senior
Clerk Typist. The Merit System Board at its meeting of
August 10, 1999, directed that this matter be held over for
a lack of quorum.

ACTION: The Merit System Board acknowledged the
settlement.

A-15 ROBERT SLAUGHTER

Robert Slaughter, Senior Medical Security Officer, Ann Klein
Forensic Psychiatric Hospital, Department of Human Services,
suspension for 15 days, on charges of insubordination. The
Merit System Board at its meeting of August 10, 1999,
directed that this matter be held over for a lack of quorum.

Recommendation of the Administrative Law Judge - Modify the
suspension to a 30 day suspension.

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

VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)

A-16 MAURICE HAYES

Maurice Hayes, Senior Correction Officer, Department of Law
and Public Safety, Juvenile Justice Commission, removal
effective March 19, 1998, on charges of chronic or excessive
absenteeism or lateness and unexcused lateness of 15 minutes
or more but less than 30 minutes. The Merit System Board at
its meeting of July 19, 1999, directed that this matter be
held over for a lack of quorum.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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

VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Abstained)
Judith L. Shaw (Yes)

A-17 FRANK KOVACH - SETTLEMENT

Initial 1 day, 2 day, 2 day, and 60 day suspensions, on
charges of insubordination, conduct unbecoming a public
employee, falsifying department reports, records or
communications, lying to a superior or any member of the
department regarding an official matter, and chronic or
excessive absenteeism or lateness. Settled to a resignation
in good standing. The Merit System Board at its meeting of
July 7, 1999, directed that this matter be held over for
further review.

Recommendation of the Administrative Law Judge - Acknowledge
the settlement.

ACTION: The Merit System Board acknowledged the
settlement.

A-18 JOSEPH JENSEN - SETTLEMENT

Initial removal effective December 22, 1998, on charges of
conduct unbecoming an employee, physical or mental abuse of
an inmate, patient, client, resident or employee. Settled
to the appellant's return to duty pending and evaluation by
a competent health care provider as to the psychological
fitness of the appellant to return to employment and
determination by such provider certifies that he is fit to
be returned to duty. The Merit System Board at its meeting
of June 21, 1999 directed that this matter be held over for
further review.

Recommendation of the Administrative Law Judge - Acknowledge
the Settlement.

ACTION: The Merit System Board acknowledged the
settlement.

A-19 MICHAEL BREDEN - SETTLEMENT

Initial suspension for 15 days, on charges of neglect of
duty and three charges of conduct unbecoming an employee.
Settled to a reduction of the 15 day suspension to a five
day suspension provided appellant enrolls in and
successfully completes an anger management course. The
Merit System Board at its meeting of June 21, 1999, directed
that this matter be held over for further review.

Recommendation of the Administrative Law Judge - Acknowledge
the Settlement.

ACTION: The Merit System Board acknowledged the
settlement.

A motion was made and seconded that the open session be
recessed and that, pursuant to Section 12(b) of the Open
Public Meetings Act, the Merit System Board entered into
Executive Session for the purpose of legal advice on the
matter of A-20, Danielle Lewis and A-21, Keith Jordan. The
Board subsequently reconvened the public meeting.

A-20 DANIELLE LEWIS

Danielle Lewis, County Correction Officer, County Jail,
Burlington County, removal effective October 29, 1997, on
charges of being in violation of the Burlington County Jail
Attendance Policy. The Merit System Board at its meeting of
May 4, 1999, directed that this matter be held over for
further review.

Recommendation of the Administrative Law Judge - Reverse the
Removal.

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

A-21 KEITH JORDAN

Keith Jordan, Police Officer, Police Department, City of
Newark, removal effective August 25, 1995, on charges of
being in violation of Newark Police Department Rules and
Regulations; (1) Answering Subpoena in Court, (2) Criminal
Law and Conduct, (3) Disobedience of Orders, (4) Criminal
Law and Conduct, (5) Criminal Law and Conduct, (6) Answering
Subpoena in Court, (7) Chronic Inefficiency or Incompetency,
Disobedience of Orders, Conduct, Criminal Law and False
Statement, (8) Punctuality and False Statement. The Merit
System Board at its meeting of August 10, 1999, directed
that this matter be held over for further review.

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 CHERYL ANTHONY

Cheryl Anthony appeals her rejection as a Correction Officer
Recruit by the Department of Corrections and its request to
remove her 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-2 FRANCES ESTRADA

Frances Estrada, represented by Charles M. Grossman, Esq.,
appeals her rejection as a Police Officer candidate by the
City of Newark and its request to remove her 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-3 JAMES E. JOHNSON

James E. Johnson, II, appeals his rejection as an Emergency
Medical Technician candidate by the City of Elizabeth and
its request to remove his name from the eligible list for
Emergency Medical Technician 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 TRICIA MILLER

Tricia Miller appeals her rejection as a Correction Officer
Recruit by the Department of Corrections and its request to
remove her 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-5 DONALD MINCY

Donald Mincy appeals his rejection as a Police Officer by
the Township of Irvington 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-6 LEIGHANN NEWMAN

Leighann Newman, represented by Michael R. Speck, Esq.,
appeals her rejection as a Police Officer candidate by the
Township of Lakewood and its request to remove her 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-7 CARLOS PARKER

Carlos Parker appeals his rejection as a County Correction
Officer by the County of Cumberland and its request to
remove his name from the eligible list for County Correction
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-8 FRED E. PIERCE, JR.

Fred E. Pierce, Jr. appeals his rejection as a Correction
Officer Recruit 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-9 PATRICIA ROONEY

Patricia Rooney appeals her rejection as a County Correction
Officer by the County of Hudson and its request to remove
her name from the eligible list for County Correction
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-10 THOMAS S. THOMAS

Thomas S. Thomas appeals his rejection as a Police Officer
by the City of Trenton 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-11 ANNA HEREDIA (PADILLA)

Anna Heredia (Padilla), a Residential Living Specialist with
the Vineland 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 in part.

B-12 RUTHIE MORALES

Ruthie Morales, a Cottage Training Technician with the
Vineland Developmental Center (VDC), 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-13 MELISSA MULLIN

Melissa Mullin, a Tax Services Specialist 3 with the
Division of Taxation, Department of the Treasury, appeals
the denial of sick leave injury (SLI) benefits.

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

B-14 JOSSELIN PIERRE

Josselin Pierre, a Senior Food Service Worker with
Woodbridge 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-15 TIMOTHY REEVES

Timothy Reeves, a Senior Correction Officer at East Jersey
State Prison, Department of Corrections, represented by
Robert A. Fagella, Esq., appeals the denial of sick leave
injury (SLI) benefits.

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

B-16 SHERRI REVIELLO

Sherri Reviello, a Cottage Training Technician with the
Hunterdon Developmental Center, Department of Human
Services, appeals the denial of sick leave injury (SLI)
benefits.

ACTION: The Merit System Board granted a hearing.

B-17 ALTHEA STEINBERG

Althea Steinberg, a Contract Administrator 1 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
the appeal be granted in part.

B-18 CATHERINE M. THOMPSON

Catherine M. Thompson, a Senior Correction Officer at
Riverfront State Prison, Department of Corrections,
represented by Robert A. Fagella, Esq., appeals the denial
of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that the
appeal be granted but denied counsel fees.

B-19 THERESA VOGEL

Theresa Vogel, a Cottage Training Technician with the
Hunterdon Developmental Center, Department of Human
Services, appeals the denial of sick leave injury (SLI)
benefits.

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

B-20 SUDESH KHANNA

Sudesh Khanna, a Head Nurse (interim appointment) with
Woodbridge Developmental Center, Department of Human
Services, represented by Robert Yaeger, Principal Staff
Representative, CWA Local 1040, appeals the determination of
Human Resource Information Systems, which removed her name
from the special reemployment list for Head Nurse.

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

B-21 BRENDAN J. MCMAHON

Brendan J. McMahon, represented by Robert J. DeGroot, Esq.,
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 Police Officer
(M3394Y), City of Newark eligible list on the basis of his
failure to meet the age requirement.

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

B-22 ALPISHNA PATEL

Alpishna Patel appeals the request of the Hudson County
appointing authority to remove her name from the Data Entry
Machine Operator (C1143T) 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 directed that this appeal
be denied.

B-23 MYRA THOMAS

Myra Thomas appeals the decision of Human Resource
Information Services which found that the appointing
authority had presented a sufficient basis to remove her
name from the Police Officer (M3394Y), city of Newark
eligible list on the basis of her failure to meet the age
requirement.

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

B-24 ROBERT DAVIS

Robert Davis, a Senior Correction Officer at East Jersey
State Prison, Department of Corrections, represented by
Anthony J. Fusco, Jr., Esq., petitions the Merit System
Board for interim relief of his removal, effective May 24,
1999, pending the outcome of his hearing at the Office of
Administrative Law.

ACTION: The Merit System Board denied the request for
interim relief.

B-25 DEBORAH FRICK

Deborah Frick, a Senior Parole Officer with the Division of
Parole and Community Programs, Department of Corrections,
requests interim relief with regard to her 20-day suspension
pending the outcome of her hearing at the Office of
Administrative Law.

ACTION: The Merit System Board denied the request for
interim relief.

B-26 KELLY ANNE TARGETT

Kelly Anne Targett, a permanent Library Page with the Kearny
Public Library, Town of Kearny, requests interim relief.

ACTION: The Merit System Board granted the request for
interim relief.

B-27 CURTIS COHEN

The Department of Corrections (DOC), represented by Jennifer
Meyer-Mahoney, Deputy Attorney General, requests a stay of
the Merit System Board decisions, In the Matters of Curtis
Cohen (MSB, decided February 9, 1999 and June 21, 1999)
pending its appeal to the Superior Court, Appellate
Division. Further, Curtis Cohen, represented by Robert A.
Fagella, Esq., requests enforcement of prior sanctions
imposed by the Board and counsel fees in regard to the
enforcement matter.

ACTION: The Merit System Board denied the
request for a stay, enforcement of sanctions and
counsel fees.

B-28 JAMES DAVIS

The Department of the Treasury, represented by Joan M.
Weidner, Deputy Attorney General, requests reconsideration
and a stay of that part of the final decision, rendered on
March 9, 1999, which modified the removal on charges of
James Davis, Printing Operations Technician 4, General
Services Administration, to a six-month suspension.

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

B-29 BRUCE C. COOKE

Bruce C. Cooke, a former provisional Senior Parole Officer,
Juvenile Justice, with the Juvenile Justice Commission,
Department of Law and Public Safety, appeals the
determination of the Attorney General, 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. This matter was held over from
the August 10, 1999 Merit System Board meeting.

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

B-30 ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST - MICHAEL A.
DEPOMPEO V. TOWNSHIP OF TEANECK


Administrative Law Judge (ALJ) Jeffrey A. Gerson issued an
order which denied consolidation of the above. Based on
this determination, the Merit System Board and the Public
Employment Relations Commission developed a joint order
adopting the ALJ's order. This joint order is before the
Board for consideration and approval

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

B-31 STEPHEN ERMI

The City of Bordentown, represented by Richard W. Hunt,
Esq., requests Merit System Board review of the amount of
back pay to which Stephen Ermi is entitled based on the
Board decision rendered on December 6, 1994, which
reinstated him following a 30-day suspension.

ACTION: The Merit System Board ordered the
appointing authority to pay $111,258.03 in back
pay and give the appellant 3.75 sick days and 3
vacation days.

B-32 LABORER (SPECIAL REEMPLOYMENT LIST), TOWN OF WEST NEW YORK

The appointing authority's failure to properly dispose of
the certification for Laborer while a provisional appointee
is 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-33 ROBERT BLADES

The appeal of Robert S. Blades, a County Correction Officer
at Burlington County Detention Center, Department of
Corrections, concerning his 15-day and 20-day suspensions on
charges, was heard by Administrative Law Judge M. Kathleen
Duncan (ALJ), who rendered her initial decision on June 7,
1999. At its meeting on July 7, 1999, the Board affirmed
the ALJ's recommendation to dismiss the 15-day suspension
and uphold the 20-day suspension. The proposed final
decision in this matter is now submitted for the Board's
review and approval.

ACTION: The Merit System Board adopted the final decision.

B-34 SHERON HUGHLEY

The appeal of Sheron Hughley, Graduate Nurse, 12 Months,
New Lisbon Developmental Center, Department of Human Services,
of her 30-day suspension on charges, was heard by Administrative
Law Robert S. Miller (ALJ), who rendered his initial decision on
March 26, 1999. The Merit System Board, at its meeting on July
7, 1999, adopted the ALJ's recommendation to modify the 30-day
suspension to a 15-day suspension. The proposed final decision
is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-35 WALTER OLIVANT, ET AL.

The appeals of three Department of Environmental Protection
(DEP) employees, Walter Olivant, a Principal Environmental
Engineer with the Division of Water Quality, Thomas Quigley,
a Hazardous Site Mitigation Specialist with the Division of
Responsible Party Site Remediation, and Richard DeWan, a
Section Chief with the Division of Water Quality, concerning
their 65-day suspensions on charges, were heard by
Administrative Law Judge (ALJ) Anthony T. Bruno, who
rendered his initial decision on April 12, 1999. The Merit
System Board, at its meeting on July 7, 1999, did not adopt
the ALJ's recommendation to modify Olivant's penalty to a 90-
day suspension, and to modify the penalties for Quigley and
DeWan to 30-day suspensions. Rather, the Board concluded
that the appropriate penalty for Olivant was a 30-day
suspension, and the appropriate penalties for Quigley and
DeWan were 15-day suspensions. The proposed final decision
is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)

B-36 JOSEPH ELLIS

The appeal of Joseph Ellis, a Custodial Worker with the
State Operated School District of the City of Newark, of his
removal effective November 27, 1996 on charges, was heard by
Administrative Law Judge Barbara A. Harned (ALJ), who
rendered her initial decision on May 4, 1999 upholding his
removal. At its meeting on July 7, 1999, the Board affirmed
the ALJ's recommendation that the appellant's removal be
upheld. The proposed final decision in this matter is now
submitted for the Board's review and approval.

ACTION: The Merit System Board adopted the final decision.

VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)

B-37 JASON DOZIER

The appeal of Jason Dozier, Cottage Training Technician,
Woodbine Developmental Center, Department of Human Services,
concerning his removal effective November 26, 1997 on
charges, was heard by Administrative Law Judge Lillard E.
Law, who rendered his initial decision on May 20, 1999
upholding the removal. The Merit System Board, at its
meeting on July 7, 1999 affirmed the ALJ's recommendation.
However, the Board found it necessary to address some of the
ALJ's findings. The proposed final decision in this matter
is now submitted for the Board's review and approval.

ACTION: The Merit System Board adopted the final decision.

VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)

B-38 ALFRED VAN SLYK

The appeal of Alfred Van Slyck, a Heavy Equipment Operator
with the Village of Ridgewood, of his removal, effective
April 18, 1997 on charges, was heard by Administrative Law
Judge Margaret M. Hayden (ALJ), who rendered her initial
decision on February 16, 1999 reversing the removal. At its
meeting on July 7, 1999, the Board affirmed the ALJ's
recommendation that the appellant's removal be reversed. The
proposed final decision in this matter is now submitted for
the Board's review and approval.

ACTION: The Merit System Board adopted the final decision.

VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)

B-39 MICHAEL CIPRIANO

The appeal of Michael Cipriano, Correction Officer Recruit,
Albert C. Wagner Youth Correctional Facility, State
Department of Corrections, concerning his release at the end
of his 12-month working test period effective February 16,
1998, was heard by Administrative Law Judge Joseph F.
Fidler, who rendered his initial decision on June 10, 1999,
reversing the release and granting appellant a new,
shortened working test period. The Merit System Board, at
its meeting on July 19, 1999, affirmed the ALJ's
recommendation but specified that the length of this working
test period be set at six months. The proposed final
decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)

B-40 WILLIAM CARROLL

The appeal of William Carroll, a Sheriff's Officer with
Morris County, of his removal effective December 17, 1997 on
charges, was heard by Administrative Law Judge Maria Mancini
LaFiandra (ALJ), who rendered her initial decision on April
1, 1999, reversing the removal. At its meeting on July 19,
1999, the Board adopted the ALJ's recommendation. The
proposed final decision is now submitted for the Board's
review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)

B-41 CHARLOTTE CHILDS

The appeal of Charlotte Childs, a Practical Nurse with
Greystone Park Psychiatric Hospital (Hospital), Department
of Human Services, of her 120-day suspension on charges, was
heard by Administrative Law Judge Michael L. Ravin (ALJ),
who rendered his initial decision on June 3, 1999. At its
meeting on July 19, 1999, the Merit System Board affirmed
the recommendation of the ALJ to reverse the suspension.
The proposed final decision is now submitted for the Board's
review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)

B-42 ROGER MOLLETT

The appeal of Roger Mollett, a Human Services Technician
with Greystone Park Psychiatric Hospital, Department of
Human Services, of his removal effective January 16, 1996 on
charges, was heard by Administrative Law Judge Mumtaz Bari-
Brown (ALJ), who rendered her initial decision on May 25,
1999. At its meeting on July 19, 1999, the Merit System
Board affirmed the recommendation of the ALJ to reverse the
removal. The proposed final decision is now submitted for
the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)

B-43 JOANNE LATHAN

The appeal of Joanne Lathan, a Probation Officer with the
Administrative Office of the Courts, of her resignation not
in good standing and her removal effective July 15, 1996 on
charges, was heard by Administrative Law Judge Kathryn A.
Clark (ALJ), who rendered her initial decision on June 23,
1999. The Merit System Board, at its meeting on July 19,
1999, adopted the ALJ's recommendation to uphold the
resignation not in good standing. However, the Board
clarified that only the resignation not in good standing
based on job abandonment was upheld. The proposed final
decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)

B-44 CURTIS CHIUMENTO

The appeal of Curtis Chiumento, a Sheriff's Sergeant with
the Camden County Sheriff's Office, of his written reprimand on
charges, was heard by Administrative Law Judge Bernard Goldberg
(ALJ), who rendered his initial decision on May 21, 1999. The
Merit System Board, at its meeting on July 19, 1999, did not
adopt the ALJ's recommendation to uphold the written reprimand
on one of the charges. Rather, the Board dismissed the charges
and vacated the penalty. The proposed final decision is now
submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)

B-45 MICHAEL SMITH

The appeal of Michael Smith, a Human Services Technician
with Trenton Psychiatric Hospital, Department of Human Services,
of his removal, effective January 22, 1998 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 July 19, 1999, did not adopt the
ALJ's recommendation to uphold the removal. Rather, the Board
concluded that the appropriate penalty is a three-month
suspension. The proposed final decision is now submitted for the
Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)

B-46 EDWARD WISE

The appeal of Edward Wise, a Code Enforcement Officer with
Atlantic City, of his removal effective January 18, 1994 on
charges, was heard by Administrative Law Judge John R.
Tassini (ALJ), who rendered his initial decision on March 2,
1999 upholding the removal. At its meeting on July 19,
1999, the Board accepted the ALJ's recommendation that the
appellant's removal be upheld. However, while the Board
agreed with the ALJ's recommendation that the removal be
upheld, it determined that the appellant was entitled to
back pay from the date of his immediate suspension to the
first day of his departmental hearing. The proposed final
decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)

B-47 JOSEPH ZAYAK

The appeal of Joseph Zayak, a Police Lieutenant with the
Township of Woodbridge, regarding his removal effective
April 2, 1997 on charges, was heard by Administrative Law
Judge (ALJ) Anthony T. Bruno, who rendered his initial
decision on May 27, 1998, upholding the removal. At its
meeting on July 19, 1999, the Board did not adopt the ALJ's
recommendation that the appellant be removed. Rather, the
Board ordered that the matter be remanded to the Office of
Administrative Law. The proposed decision is now submitted
for the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)

B-48 ROBERT GREDONE

The appeal of Robert Gredone, Supervisor, Regional Food
Services, Bayside State Prison, Department of Corrections,
concerning his removal effective May 9, 1997 on charges, was
heard by Administrative Law Judge M. Kathleen Duncan (ALJ),
who rendered her initial decision on January 25, 1999. At
its meeting on July 19, 1999, the Board did not accept the
ALJ's recommendation to reverse the removal. Rather, the
Board modified the penalty to a three-month suspension. The
proposed final decision is now submitted for the Board's
review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)

B-49 LARRY CALHOUN

The appeal of Larry Calhoun, a Human Services Assistant at
the Marlboro Psychiatric Hospital (MPH), Department of Human
Services, regarding a 12-day suspension on charges, was
heard by Administrative Law Judge M. Kathleen Duncan (ALJ),
who rendered her initial decision on May 18, 1999 reversing
the 12-day suspension. At its meeting on August 10, 1999,
the Board did not affirm the ALJ's recommendation. Rather,
the Board sustained the charges and concluded that the
appointing authority's action in imposing a 12-day
suspension was appropriate. The proposed final decision is
now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)

B-50 FELICIA LAWSON

The appeal of Felicia Lawson, a Cottage Training Technician
with Woodbine Developmental Cnter, Department of Human
Services, of her removal, effective April 8, 19997 on
charges, was heard by Administrative Law Judge Edgar R.
Holmes (ALJ), who rendered his initial decision on April 7,
1999, at its meeting on August 10, 1999, the Merit System
Board affirmed the recommendation of the ALJ to reverse the
removal. The proposed decision is now submitted for the
Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)

B-51 ARTHUR DANDO

The appeal of Arthur Dando, a Police Officer with Woodbridge
Township, of his 60-day and 30-day suspensions on charges,
was heard by Administrative Law Judge Joseph Lavery (ALJ),
who rendered his initial decision on July 1, 1999 upholding
the suspensions. At its meeting on August 10, 1999, the
Board affirmed the ALJ's recommendation. The proposed final
decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)

B-52 AUDREY M. ALPHEUS, ET AL.

Audrey M. Alpheus, Renee Earlie-Colay, Connie Reynolds,
Seema Shahdin, Natalie Washington and Mila Williams appeal
the determination of the Division of Selection Services
which found that they did not meet the experience
requirement for the examination for Employment Specialist
(PC6689W), Atlantic County.

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

B-53 BRIAN BLASER AND ROLAND O. HORSCH

Brian Blaser and Roland O. Horsch appeal the determination
of the Division of Selection Services which found that they
did not meet the experience requirement for the promotional
examination for Sign Maker 1 (PM7042W), Freehold Township.

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

B-54 MIRIAM COLEMAN AND DONNA L. PERNA

Miriam Coleman and Donna L. Perna appeal the determination
of the Division of Selection Services, which found that they
did not meet the experience requirement for the promotional
examination for Administrative Analyst 2 (Data Processing)
(PS4853K), Division of Youth & Family Services, Department
of Human Services.

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

B-55 MARY J. FINKEN

Mary J. Finken appeals the decision of the Division of
Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Principal Account Clerk (PC0401W), Warren County Treasurer's
Office.

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

B-56 DANA S. FRECK, ET AL.

Dana S. Freck, Mark Kears, Diane Lewis, and Naina Raina
appeal the determination of the Division of Selection
Services which found that they did not meet the experience
requirement for the promotional examination for
Administrative Analyst 2 (Data Processing) (PS4853K),
Division of Youth and Family Services, Department of Human
Services.

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

B-57 STEPHANIE HOTTENDORF

Stephanie Hottendorf appeals the determination of the
Division of Selection Services, which denied her eligibility
for admittance to the examination for Management Specialist
(PM3907V), City of Hoboken.

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

B-58 RAYMOND A. JEFFERSON

Raymond A. Jefferson appeals the determination by the
Division of Selection Services that he did not meet the
experience requirement for the promotional examination for
Painter (PS6829K) Woodbine Developmental Center, Department
of Human Services.

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

B-59 RAELEEN A. MCCRINK AND WERNER VOSSKAEMPER

Raeleen A. McCrink and Werner Vosskaemper appeal the
determinations of the Division of Selection Services which
found that they did not meet the experience requirement of
the promotional examination for Program Manager, Family
Health Programs (PS7094H), Department of Health and Senior
Services.

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

B-60 SIMON O. NWACHUKWU

Simon O. Nwachukwu appeals the determination of the Division
of Selection Services which found that he did not meet the
educational requirements for the open competitive
examination for Assistant Engineer (M0952A), Burlington
Township

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

B-61 TINA L. PLAZA

Tina L. Plaza appeals the decision of the Division of
Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Affirmative Action Specialist (PM1641U), City of Newark.

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

B-62 DEBRA ZIELINSKI

Debra Zielinski appeals the decision of the Division of
Selection Services, which found that she did not meet the
experience requirements for the promotional examination for
Administrative Assistant 2 (PS6729U), Office of Management
and Budget.

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

B-63 PAUL AVERY

Paul Avery appeals his score on the examination for Fire
Captain (PM0939U), Bayonne.

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

B-64 WILLIAM BARTOS

William Bartos appeals his score on the examination for Fire
Captain (PM0939U), Bayonne.

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

B-65 WILLIAM BEST

William Best appeals his score on the examination for Police
Lieutenant (PM3196S), Middletown.

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

B-66 BERNARD BLAKE

Bernard Blake appeals his score on the examination for Fire
Lieutenant (PM1199T), Plainfield.

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

B-67 LEON BOROWSKI

Leon Borowski appeals his score on the examination for Fire
Captain (PM0939U), Bayonne.

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

B-68 GREGG CARIDDI

Gregg Cariddi appeals his score on the examination for Fire
Lieutenant (PM1343U), Hackensack.

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

B-69 PETER DANZO

Peter Danzo appeals his score on the examination for Fire
Lieutenant (PM1343U), Hackensack.

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

B-70 ROBERT FLANAGAN

Robert Flanagan appeals his score on the examination for
Fire Captain (PM0943U), Morristown.

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

B-71 JOSEPH GERYK

Joseph Geryk appeals his score on the examination for Fire
Captain (PM0939U), Bayonne.

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

B-72 LAWRENCE HOLDER

Lawrence Holder appeals his score on the examination for
Fire Captain (PM1187T), East Orange.

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

B-73 WINSTON JACKSON

Winston Jackson appeals his score on the examination for
Fire Captain (PM1187T), East Orange.

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

B-74 JOSEPH LYGA

Joseph Lyga appeals his score on the examination for Fire
Captain (PM0939U), Bayonne.

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

B-75 DENNIS MENZEL

Dennis Menzel appeals his score on the examination for Fire
Captain (PM1187T), East Orange.

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

B-76 THOMAS SCALERA

Thomas Scalera, represented by Eugenie Temmler, Esq.,
appeals his score on the examination for Fire Lieutenant
(PM1199T), Plainfield.

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

B-77 JONATHAN YODER

The Superior Court, Appellate Division, has remanded the
appeal of Jonathan Yoder, represented by Craig Gumpel, Esq.,
concerning his score on the dimension of leadership on the
promotional examination for Fire Captain (PM4795P), Trenton.

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

B-78 DELORES D. CAMPBELL

Delores Campbell appeals the decision of the Manager, Shared
Services Center II to deny her appointment from the special
re-employment list for the title Technical Assistant 2,
Department of Personnel (CSC). It is noted that this matter
was held over from the Board's August 10, 1999 meeting due
to lack of a quorum.

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

VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)

B-79 JOSEPH JULIANO, JR.

Joseph Juliano, Jr. appeals the decision of the Division of
Selection Services which denied his request for a make-up
examination for Police Sergeant (PM0959W), City of Newark.

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

B-80 WALTER WEHNER

The Assistant Commissioner, State and Local Operations,
requests that the provisions of N.J.A.C. 4A:4-7.1, which
governs the permanent transfer of an employee between
organizational units within the same governmental
jurisdiction, be relaxed to permit the permanent transfer of
Walter Wehner from the Department of Transportation to
Monmouth County effective June 19, 1999.

ACTION: The Merit System Board granted the request.

B-81 DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

The Director, Division of Human Resource Management (DHRM),
requests that N.J.A.C. 4A:3-1.2(e) be relaxed so that 14
Project Specialist positions in the Challenge Youth Program,
Department of Military and Veterans Affairs, be allocated to
the noncompetitive division of the career service on an
interim basis in accordance with N.J.A.C. 4A:3-1.2(c)3.

ACTION: The Merit System Board granted the request.

B-82 SPECIAL DEPUTY APPOINTMENTS, HUNTERDON COUNTY

Hunterdon County, represented by Gaetano DeSapio, Esq.
appeals the determination of the Division of Human Resource
Management that the Special Deputy designation is
inappropriate for classification of positions in the
Hunterdon County Sheriff's Department.

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

B-83 FRANK MAXWELL, GRIEVANCE APPEAL

Frank Maxwell, Engineering Technician 5, represented by John
Seiler, CWA Local 1034, appeals the detemination of his PAR
grievance by the Department of Environmental Protection.

ACTION: The Merit System Board granted a hearing.

B-84 N.J.A.C. 4A:6-1.5 and 1.9 (VACATION AND ADMINISTRATIVE LEAVE
ADJUSTMENTS)


It is recommended that the proposed amendments to N.J.A.C.
4A:6-1.5 and 1.9 (Vacation and administrative leave
adjustments), be adopted as proposed.

ACTION: The Merit System Board adopted the proposed
amendments.

B-85 N.J.A.C. 4A:6-1.18 (LEAVE FOR EMERGENCY CIVILIAN DUTY)

It is recommended that the proposed amendments to N.J.A.C.
4A:6-1.18 (Leave for emergency civilian duty), be adopted as
proposed.

ACTION: The Merit System Board adopted the proposed
amendments.

B-86 N.J.A.C. 4A:6-1.21B (FEDERAL FAMILY AND MEDICAL LEAVE)

It is recommended that the proposed amendments to N.J.A.C.
4A:6-1.21B (Federal and Medical Leave), be adopted as
proposed.

ACTION: The Merit System Board adopted the proposed
amendments.

B-87 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the Meeting of July 7,
1999, are submitted for adoption.

ACTION: The Merit System Board adopted the
minutes of its meeting of July 7, 1999.

VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)

B-88 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the Meeting of July 19,
1999, are submitted for adoption.

ACTION: The Merit System Board adopted the
minutes of its meeting of July 19, 1999.

VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)

B-89 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the Meeting of August 10,
1999, are submitted for adoption.

ACTION: The Merit System Board adopted the
minutes of its meeting of August 10, 1999.

VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)

B-90 CARRIE WYNDER

Carrie Wynder, represented by Richard Gelade, Esq., appeals
the determination of the Manager, Shared Services Center II,
that her position was properly classified as Executive
Assistant 4 (Class Code 22) for the period of March 1997 to
March 1998. Appellant seeks an Administrative Assistant 1
(Class Code 25) or Personnel Management analyst 2 (Class
Code 26) classification in this proceeding. It is noted
that this matter was held over from the Board's August 10,
1999 meeting due to lack of a quorum.

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

VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)

B-91 DEPARTMENT OF LABOR, DIVISION OF DISABILITY
DETERMINATIONS SERVICES TITLES


The Director, Division of Human Resource Management,
requests that N.J.A.C. 4A:4-7.6, lateral title change
criteria, be relaxed in order to implement the consolidation
of Department of Labor, Division of Disability
Determinations Services (DDS) titles from the Medical
Relations Specialist, Claims Adjudicator Specialist title
series into the new Claims Adjudicator title series.

ACTION: The Merit System Board granted the request.

B-92 N.J.A.C. 4A:4-2.6 AND 2.15 AND 4A:6-5.1, 5.2 AND 5.3 (PARS)

It is recommended that the reproposed amendments to N.J.A.C.
4A:4-2.6 and 2.15 and 4A:6-5.1, 5.2 and 5.3 (PARs) be
approved for publication in the New Jersey Register for
public notice and comment.

ACTION: The Merit System Board approved the
amendments for publication.

B-93 N.J.A.C. 4A:8 AND N.J.A.C. 4A:4-3.2 (LAYOFFS)

It is recommended that the proposed readoption of and
reproposed amendments to N.J.A.C. 4A:8 and a proposed
amendment to N.J.A.C. 4A:4-3.2 (Layoffs) be approved for
publication in the New Jersey Register for public notice and
comment.

ACTION: The Merit System Board approved the
amendments for publication.

B-94 EARLY SETTLEMENTS

Joseph Blazich
Administrative Office of the Courts
Cape May Vicinage
Release at the end of the working test period

William Bush, II
Hudson County
20 day suspension

Thomas P. Davis
Administrative Office of the Courts
Cape May Vicinage
Release at the end of the working test period

Alfred Dutch
Albert C. Wagner Correctional Facility
Department of Corrections
15 day suspension

Alfred Miccio
Midstate Correctional Facility
Department of Corrections
Removal

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, September
14, 1999, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
JANICE MITCHELL MINTZ
CHAIRWOMAN
MERIT SYSTEM BOARD
 
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