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State of New Jersey, Civil Service Commission
Governor Chris Christie • Lt.Governor Kim Guadagno
 
 
Janice Mitchell Mintz, Chairwoman
Alan Dexter Bowman
Margaret E. L. Howard
Judith L. Shaw
Leo R. Vartan



A regular meeting of the Merit System Board was held on
Tuesday, November 9, 1999, in Trenton, New Jersey.

PRESENT: Chairwoman Janice Mitchell Mintz; Merit System Board
Members, Alan Dexter Bowman, Margaret E.L. Howard, Judith L.
Shaw, and Leo R. Vartan; 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 November 30, 1998 and posted at the
Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

All other actions were by unanimous vote unless otherwise
specified.


WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the hearing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

Robert Asken, Laborer, Township of Verona, removal.

Jerome Jewell, Police Officer, City of Newark, removal.

Judith Leeds, Senior Correction Officer, Department of
Corrections, Edna Mahan Correctional Facility for Women,
suspensions.

Diedre Lloyd, Practical Nurse, Department of Human Services,
Vineland Developmental Center, removal.

Howard A. Nelson, Bridge Repairer, County of Monmouth, suspension
and removal.

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:

Lawrence Daniels, Senior Correction Officer, Department of
Corrections, East Jersey State Prison, suspension.

Conrad Jackson, Sewer Repairer, City of Passaic, removal.
SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of John Johnson
Vineland Developmental Center
Department of Human Services
Suspension and Removal

In the Matter of James D. Marsala
New Jersey State Prison
Department of Corrections
Suspension

In the Matter of Eric Nielsen
Mountainview Youth Correctional Facility
Department of Corrections
Suspension

In the Matter of Guy Petinga
Atlantic City
Non-Selection from Atlantic City Eligible List

In the Matter of Ivory Ward
County of Burlington
Suspensions

In the Matter of Jacqueline Wynder
County of Cumberland
Removal


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

ACTION: The Merit System Board acknowledged the
settlements.


A-2 LAURENCE BERMAN

Laurence Berman, Income Maintenance Technician, Union County
Department of Human Services, layoff effective April 1,
1997, 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-3 PATRICIA CAFFEE

Patricia Caffee, Building Maintenance Worker, Department of
Buildings and Grounds, Burlington County, release at the end
of the working test period due to unsatisfactory service.

Recommendation of the Administrative Law Judge - Uphold the
release at the end of the working test period and reimburse
appellant for one-half sick day.

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


A-4 WILLIAM FRANKO

William Franko, Classification Officer 3, Garden State Youth
Correctional Facility, Department of Corrections, suspension
for 15 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 directed that this matter
be held over.

A-5 BARBARA HENRY

Barbara Henry, Human Services Technician, Ancora Psychiatric
Hospital, Department of Human Services, resignation not in
good standing effective January 29, 1998, on charges of
abandonment, absent from duty for five or more consecutive
business days without approval.

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

ACTION: The Merit System Board modified the recommendation
of the Administrative Law Judge to uphold the
resignation not in good standing.

A-6 MARTIN KAY

Martin Kay, Public Safety Telecommunicator, Emergency
Management Services, Burlington County, suspensions for 9
days and 20 days, on charges of chronic or excessive
absenteeism or lateness and failure to report for work at
specified time and failure to call.

Recommendation of the Administrative Law Judge - Uphold the
9-day and 20-day suspensions.

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


A-7 JOHN OSZVART

John Oszvart, Hearing Officer, Department of Corrections,
suspension for ten days, on charges of absent from work as
scheduled without permission, failure to follow call in
procedure, insubordination: intentional disobedience or
refusal to accept an order, assaulting or resisting
authority, disrespect or use of insulting or abusive
language to a supervisor.

Recommendation of the Administrative Law Judge - Uphold the
suspension.

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

A-8 LUCIANO REA

Luciano Rea, Assessing Aide, Assessing Department, Township
of Teaneck, layoff effective December 30, 1994, 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-9 WILFORD SMITH

Wilford Smith, Director of Custody Operations, New Jersey
State Prison, Department of Corrections, suspension for 45
days, on charges of discrimination that affects equal
employment opportunity including sexual harassment.

Recommendation of the Administrative Law Judge - Uphold the
suspension.

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


A-10 LLOYD VESSELS

Lloyd Vessels, Correction Sergeant, Garden State Reception
and Youth Correctional Facility, Department of Corrections,
suspension for 45 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 - Modify the
45-day suspension to a 30-day suspension.

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

A-11 PAULINE WILLIAM

Pauline Williams, Certified Hospital Attendant, Buttonwood
Hospital, Burlington County, suspension for 10 days, on
charges of incompetency, inefficiency or failure to perform
duties, neglect of duty, failure to stay for resident care
during a staffing emergency and chronic or excessive
absenteeism or lateness.

Recommendation of the Administrative Law Judge - Uphold the
ten day suspension.

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

A-12 WARADAH DASENT

Waradah Dasent, County Correction Officer, Middlesex County,
Adult Corrections Center, removal effective June 28, 1997,
on charges of inability to perform duties, chronic or
excessive absenteeism or lateness, and abandonment, absent
from duty for five or more consecutive business days without
supervisory approval.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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


A-13 DONNELL DAVIS

Donnell Davis, Youth Worker, Woodbridge Child Diagnostic and
Treatment Center, Department of Human Services, removal
effective September 17, 1998, on charges of physical abuse
of a resident.

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-14 TELISSA DOWLING

Telissa Dowling, County Correction Officer, Department of
Public Safety, Hudson County, removal effective June 14,
1994, on charges of conduct unbecoming a public employee,
neglect of duty, insubordination and failure to perform
duties.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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


A-15 GARY KUHNS

Gary Kuhns, Senior Correction Officer, Bayside State Prison,
Department of Corrections, removal effective May 9, 1997, on
charges of conduct unbecoming an employee.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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


A-16 DOUGLAS PERKINS

Douglas Perkins, Human Services Assistant, Ancora
Psychiatric Hospital, Department of Human Services, removal
effective June 26, 1998, on charges of physical abuse of a
patient.

Recommendation of the Administrative Law Judge - Reverse the
removal.

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

A-17 TERESE SCOTT

Terese Scott, Clerk, Judiciary, Camden Vicinage, release at
the end of the working test period effective October 22,
1998, for reasons of poor performance.

Recommendation of the Administrative Law Judge - Dismiss the
appeal.

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


A-18 MIRA SHAH

Mira Shah, Income Maintenance Worker, Union County Division
of Social Services, Union County Department of Human
Services, removal effective June 4, 1998, on charges of
inability to perform duties.

Recommendation of the Administrative Law Judge - Uphold the
removal.

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

A-19 WINFIELD THOMAS

Winfield Thomas, Building Maintenance Worker, Trenton
Housing Authority, removal effective February 7, 1997, on
charges of conduct unbecoming a public employee and neglect
of duty.

Recommendation of the Administrative Law Judge - Reverse the
removal.

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

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

A-20 JEFFREY LOGAN - SETTLEMENT

Initial removal effective November 15, 1996, on charges of
conduct unbecoming a public employee and use, possession or
sale of any controlled dangerous substance. Settled to a
resignation in good standing. The Merit System Board at its
meeting of September 28, 1999, directed that this matter be
held over for the receipt of a letter clarifying the terms
of the settlement.

Recommendation of the Administrative Law Judge - Acknowledge
the settlement.

ACTION: The Merit System Board acknowledged the
settlement.

SECTION B - MISCELLANEOUS MATTERS

B-1 WILLIAM STRAIN

William Strain appeals his rejection as a Sheriff's Officer
by the County of Monmouth and its request to remove his name
from the eligible list for Sheriff's 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 ALBERTO VASQUEZ

Alberto Vasquez, represented by Lane J. Biviano, Esq.,
appeals his rejection as a Police Officer candidate by the
City of Bayonne 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-3 MICHAEL WALKER

Michael Walker, represented by A.J. Fusco, Esq., appeals his
rejection as a Police Officer candidate by the City of
Paterson 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 granted.

B-4 DONNA ARCIERI

Donna Arcieri, a Principal Laboratory Technician
(Microbiology) with the Department of Health and Senior
Services, appeals the denial of sick leave injury (SLI)
benefits.

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


B-5 CAROL BENNETT

Carol Bennett, a former Senior Correction Officer at East
Jersey State Prison, Department of Corrections, appeals the
denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be referred to the Medical Examiners Panel

B-6 ELSIE BLAKESLEE

Elsie Blakeslee, a Principal Data Entry Machine Operator
with the 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 JOANNE CHASE

Joanne Chase, a Senior Therapy Program Assistant with New
Lisbon 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-8 RICHARD FOSTER

Richard Foster, a Field Service Supervisor 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 denied.


B-9 MAUREEN HALPIN

Maureen Halpin, a Senior Parole Officer with the Department
of Corrections, appeals the denial of sick leave injury
(SLI) benefits.

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

B-10 MADELINE MENZEL

Madeline Menzel, formerly a Mortality Coding Clerk 1 with
the Department of Health and Senior Services, represented by
Joy Schulman, CWA Local 1024, appeals the denial of sick
leave injury (SLI) benefits.

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

B-11 THOMAS MOORE

Thomas Moore, 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 granted.


B-12 ALLEN NIETZ

Allen Nietz, a Welder 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 granted in part.

B-13 THOMAS RENNA

Thomas Renna, a former Area Supervisor, Highway Maintenance,
with the Department of Transportation, appeals the denial of
sick leave injury (SLI) benefits.

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


B-14 PETER VINCENT

Peter Vincent, a Cottage Training Technician with New Lisbon
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 BARBARA WHITAKER

Barbara Whitaker, a Human Services Technician with the New
Jersey Veterans' Memorial Home at Vineland, Department of
Military and Veterans' Affairs, appeals the denial of sick
leave injury (SLI) benefits.

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

B-16 THOMAS CERWINSKI

Thomas Cerwinski, represented by Philip Feintuch, Esq.,
appeals the decision of Human Resource Information Systems
which found that Jersey City had presented a sufficient
basis to remove appellant's name from the Police Officer
(M3382X) eligible list due to an unsatisfactory background
report.

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

B-17 WILLIAM A. CROWELL, II

William A. Crowell, II, represented by Jason Holt, Esq.,
appeals the decision of Human Resource Information Systems
which found that the City of Newark had presented a
sufficient basis to remove appellant's name from the Police
Officer (M3394X) eligible list due to his failure to satisfy
the City's residency requirement.

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

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


B-18 JAMES FAUCI

Monmouth County appeals the decision of Human Resource
Information Services which found that James Fauci was
improperly removed from the list for Assistant Nursing Home
Administrator (C6396W), Monmouth County.

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


B-19 ROMAN GANKIEWICZ

Roman Gankiewicz, represented by Franics J. Hartman, Esq.,
appeals the decision of the Director of Human Resource
Information Services which found that the appellant was
properly removed from the list for Chief of Personnel and
Labor Relations (M6579W), Hamilton Township.

ACTION: The Merit System Board directed that this matter
be held over.
B-20 UZOMA OJINNAKA

Uzoma Ojinnaka appeals the removal of his name from the
Police Officer (M3394X), City of Newark eligible list due to
his failure to respond to a certification notice.

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

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

B-21 FRANCISCO ORTIZ

Francisco Ortiz, represented by Vincent C. Scoca, Esq.,
appeals the decision of Human Resource Information Systems
which found that the City of Newark had presented a
sufficient basis to remove the appellant's name from the
Police Officer (M3394X) eligible list due to an
unsatisfactory driving record.

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

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

B-22 ATOM RIBEN

Atom Riben appeals the decision of Human Resource
Information Systems which found that the appointing
authority had presented a sufficient basis to remove
appellant's name from the eligible list for County
Correction Officer (C6342S), Middlesex County, due to an
unsatisfactory criminal record.

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

VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (No)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo R. Vartan (Yes)

B-23 STEVEN SCOTT

Steven Scott, represented by Richard S. Robinson, Esq.,
appeals the decision of Human Resource Information Systems
which found that the City of Newark had presented a
sufficient basis to remove the appellant's name from the
Police Officer (M3394X) eligible list due to an
unsatisfactory driving record.

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

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

B-24 BETH PECKOWYCH

The Department of Corrections (DOC) appeals the decision of
Human Resource Information Systems which restored
appellant's name to the Parole Officer Recruit (S1405S)
eligible list because DOC had not sufficiently documented
and supported that she did not appear for pre-employment
processing.

ACTION: The Merit System Board directed that this appeal
be granted and appellants name be removed from the
eligible list.

B-25 JONATHAN SABATINO

The appeal of Jonathan Sabatino, a Building Maintenance
Worker with the County of Monmouth, represented by James W.
Kennedy, Esq., concerning his removal on charges, was heard
by Administrative Law Judge Joseph F. Martone (ALJ), who
rendered his initial decision on September 23, 1999,
acknowledging the settlement of the parties.

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

B-26 SANDRA SINGLETON

The appeal of Sandra Singleton, a County Correction Officer,
with the County of Mercer, represented by Stuart A. Tucker,
Esq., concerning her removal on charges was heard by
Administrative Law Judge Bruce R. Campbell (ALJ), who
rendered his initial decision on June 14, 1999,
acknowledging the settlement of the parties.

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

B-27 DENNIS TASSIE, ET AL.

Lieutenant Dennis Tassie, Sergeant Anthony Caruso, and
Police Officers Marisol Gonzalez-Cardona, Michael Clegg and
Wendell Harper, represented by Anthony J. Fusco, Jr., Esq.,
petition the Merit System Board for a stay of their
indefinite suspensions by the City of Newark, effective July
30, 1999, pending the outcome of criminal charges against
them.

ACTION: The Merit System Board granted the request in
part.

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

B-28 WILLIAM C. WHITE, SR.

William C. White, Sr., Senior Correction Officer, Garden
State Reception and Youth Correctional Facility, Department
of Corrections, petitions the Merit System Board for
reconsideration of the final administrative decision
rendered on July 7, 1999, dismissing his appeals based on
his failure to appear at a settlement conference.

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

B-29 PROGRAM MONITOR, AMERICANS WITH DISABILITIES ACT (S6110O),
DEPARTMENT OF THE TREASURY

The appointing authority requests permission not to make an
appointment from the certification for Program Monitor,
Americans with Disabilities Act (S6110O), Department of the
Treasury.

ACTION: The Merit System Board granted the request but
assessed costs of $8,285.

B-30 ZONING OFFICER (M6140O), CITY OF HACKENSACK

The appointing authority requests permission not to make an
appointment from the certification for Zoning Officer
(M6140O), City of Hackensack.

ACTION: The Merit System Board granted the request but
assessed costs of $2,048.

B-31 ANNETTA ALLEN

The appeal of Annetta Allen, Cottage Training Technician,
New Lisbon Developmental Center, Department of Human
Services, of her removal effective May 4, 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 September 28, 1999,
adopted the ALJ's recommendation that the removal be
reversed. 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 (Yes)
Leo R. Vartan (Abstained)

B-32 WILLIAM BARTLESON, JR.

The appeal of William Bartleson, Jr., a Correction Officer
Recruit with Bayside State Prison, Department of
Corrections, regarding his removal effective May 14, 1998 on
charges, was heard by Administrative Law Judge M. Kathleen
Duncan (ALJ), who rendered her initial decision on July 21,
1999 modifying the removal to a 60-day suspension. At its
meeting on October 13, 1999, the Board did not affirm the
ALJ's recommendation that the removal be modified. Rather,
the Board sustains the charges and concludes that the
appointing authority's action in removing the appellant was
appropriate. The proposed final decision is now submitted
for the Board's review.

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

B-33 CARL CRUZ

The appeal of Carl Cruz, a Laborer with the Lower Township
Department of Public Works, of his indefinite suspension
effective March 24, 1998 and removal effective June 4, 1998
on charges, was heard by Administrative Law Judge John R.
Tassini (ALJ), who rendered his initial decision on August
16, 1999 upholding the removal. At its meeting on September
28, 1999, the Board adopted the ALJ's recommendation that
the appellant's removal be upheld but determined that the
appellant was entitled to back pay from March 24, 1998 to
June 4, 1998 for the period of the indefinite 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 (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo R. Vartan (Abstained)


B-34 RUTH MARIE DEMARCO

The appeal of Ruth Marie DeMarco, a Practical Nurse with the
John L. Montgomery Medical Home, Monmouth County of her 30-
day suspension effective September 22, 1997, and her removal
effective September 28, 1998, on charges, was heard by
Administrative Law Judge Bernard Goldberg (ALJ), who
rendered his initial decision on August 19, 1999. At its
meeting the Board did not accept the ALJ's recommendation to
modify the removal to a suspension which extended from the
effective date of her removal to the date of the final
disposition of the appeal 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.

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


B-35 JAMES JOHNSON

The appeal of James Johnson, a Program Analyst with the
Department of Health and Human Services, Camden County, of
the good faith of his layoff effective May 23, 1997, was
heard by Administrative Law Judge John R. Futey (AJ), who
rendered his initial decision on August 5, 1999. The Merit
System Board, at its meeting on September 28, 1999, adopted
the ALJ's recommendation to reverse the layoff. 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 (Yes)
Leo R. Vartan (Abstained)

B-36 DANIELLE LEWIS

The appeal of Danielle Lewis, a County Correction Officer
with the Burlington County Jail, of her removal effective
October 29, 1997 on charges, was heard by Administrative Law
Judge Kathryn A. Clark (ALJ), who rendered her initial
decision on March 19, 1999. At its meeting on August 31,
1999, the Merit System Board did not adopt the
recommendation of the ALJ to reverse the removal. Rather,
the Board found that the removal was justified. 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 (Yes)
Leo R. Vartan (Abstained)


B-37 TIMOTHY ROEHRICH

The appeal of Timothy Roehrich, Code Enforcement Officer,
Jackson Township Police Department, concerning his removal
effective January 27, 1998 on charges, was heard by
Administrative Law Judge Joseph Lavery (ALJ), who rendered
his initial decision on August 12, 1999. The Merit System
Board, at its meeting on September 28, 1999, did not adopt
the recommendation of the ALJ to modify the removal to a non-
disciplinary, medical termination. Rather, the Board
modified the removal to a resignation in good standing. 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 (Yes)
Leo R. Vartan (Abstained)


B-38 CURRY SINGLETON

The appeal of Curry Singleton, a Hospital Attendant with the
Essex County Hospital Center, Essex County, of his removal
effective May 1, 1997 on charges, was heard by
Administrative Law Judge Michael L. Ravin (ALJ), who
rendered his initial decision on August 11, 1999. At its
meeting on October 13, 1999, the Merit System Board affirmed
the recommendation of the ALJ to uphold 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 (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo R. Vartan (Abstained)


B-39 JOSEPH D. SPENCER

The appeal of Joseph D. Spencer, a Senior Correction Officer
at Garden State Reception and Youth Correctional Facility,
Department of Corrections, of his removal effective
September 24, 1996 on charges, was heard by Administrative
Law Judge Bruce R. Campbell (ALJ), who rendered his initial
decision on August 17, 1999. At its meeting on September
28, 1999, the Merit System Board affirmed the recommendation
of the ALJ to uphold 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 (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo R. Vartan (Abstained)


B-40 ANDRES VIVES RIVERA

The appeal of Andres Vives Rivera, a Residential Services
Worker at Woodbine Developmental Center, Department of Human
Services, removal effective January 22, 1998 on charges, was
heard by Administrative Law Judge Edgar R. Holmes (ALJ), who
rendered his initial decision on November 10, 1998 upholding
the removal. At its meeting on June 21, 1999, the Merit
System Board (Board) did not adopt the ALJ's recommendation
that the removal be upheld. Rather, the Board dismissed the
charges and reversed the removal. However, upon its own
motion, the Board granted reconsideration of its June 21,
1999 decision and determined that the appellant's removal
was appropriate since he was forever barred from holding
public employment pursuant to N.J.S.A. 2C:51-2(d). 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 (Yes)
Leo R. Vartan (Abstained)


B-41 TREVAN L. ARTIS

Trevan L. Artis appeals the decision of the Division of
Selection Services which found that he did not meet the
experience requirements for the promotional examination for
Supervising Laborer (PM1914V), Camden City Department of
Environmental Affairs.

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

B-42 PHYLLIS CAPELLI

Phyllis Capelli 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 Assistant Director of Public Works (M0683W), City of
Hoboken.

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

B-43 PAUL G. HOBBS

Paul G. Hobbs appeals the decision of the Division of
Selection Services which found that he did not meet the
experience requirements for the open competitive examination
for Counselor, Penal Institution (C0757W), Middlesex County.

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

B-44 JIAN Q. KUANG

Jian Q. Kuang appeals the determination of the Division of
Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Senior Data Processing Programmer (PC0128A), Ocean County.

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

B-45 SANDRA S. MOSS AND JOSEPH WOOD EL

Sandra S. Moss and Joseph Wood El appeal the determinations
of the Division of Selection Services, which found that they
did not meet the experience requirements for the Quality
Assurance Specialist Health Services (PS6818K), Division of
Mental Health and Hospitals ("DMHH") promotional
examination.

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


B-46 FRANK PALMIERI AND KAMLESH MEHROTRA

Frank Palmieri and Kamlesh Mehrotra appeal the decisions of
the Division of Selection Services which found that they did
not meet the experience requirements for the promotional
examination for Administrative Analyst (PC0983W), Essex
County.

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


B-47 RONALD PRICE

Ronald Price 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 1 (Data Processing) (PS6528N),
Department of Labor.

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

B-48 RUSSELL A. SMITH

Russell A. Smith appeals the decision of the Division of
Selection Services which found that he did not meet the
experience requirements for the promotional examination for
Inspector Road Openings (PC3905V), Camden City Public Works.

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

B-49 JOHN T. SCALES

John T. Scales appeals the decision of the Division of
Selection Services which found that he did not meet the
experience requirements for the promotional examination for
Administrative Analyst 2 (PS6890R), Board of Public
Utilities.

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

B-50 KIMBERLY E. TEMPLE

Kimberly E. Temple appeals the decision of the Division of
Selection Services which found that the appellant did not
meet the experience requirements for the promotional
examination for Accountant 3 (PS6183F), Department of
Education.

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

B-51 JOHN BARILLO

John Barillo appeals his score on the examination for Fire
Captain (PM3800V), Margate City.

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

B-52 RAYMOND DILELLO

Raymond DiLello appeals his score on the examination for
Fire Captain (PM3631V), Asbury Park

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

B-53 THOMAS GIRONDA

Thomas Gironda appeals his score on the examination for Fire
Captain (PM3631V), Asbury Park City.

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

B-54 JOHN HAZLETT

John Hazlett appeals his score on the examination for Fire
Captain (PM3630V), Ventnor City.

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

B-55 DONALD KEDDY

Donald Keddy appeals his score on the examination for Fire
Captain (PM3631V), Asbury Park City.

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

B-56 ANDREW LACOVARA

Andrew Lacovara appeals his score on the examination for
Fire Captain (PM3630V), Ventnor City.

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

B-57 ROBERT MALCOLM

Robert Malcolm appeals his score on the examination for Fire
Captain (PM3631V), Asbury Park City.

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

B-58 MICHAEL MANNERING

Michael Mannering appeals his score on the examination for
Fire Captain (PM3630V), Ventnor City.

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

B-59 DOMINICK MARINO

Dominick Marino appeals his score on the examination for
Fire Captain (PM3631V), Asbury Park City.

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

B-60 ROBERT TAYLOR

Robert Taylor appeal his score on the examination for Fire
Captain (PM3631V), Asbury Park City.

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

B-61 IRENE M. MCGUIRE

Irene M. McGuire, represented by Kathleen A. Mazzoucollo,
Esq., appeals the determination of the Division of Human
Resource Management that she did not meet the one year
permanent status requirement for the promotional examination
for Senior Library Assistant (PM0199W), City of Jersey City.

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

B-62 THOMAS E. MULLEN

Thomas E. Mullen appeals the utilization of PAR (Performance
Assessment Review) ratings as part of the promotional
selection process for Correction Captain Juvenile Justice
(PS5137P), Juvenile Justice Commission (JJC).

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

B-63 DAWN NERI

Dawn Neri appeals the decision of the Division of Selection
Services, which found that she did not meet the residency
requirements for the open competitive examination for Senior
Assistant Assessor (M0635O), City of Paterson.

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

B-64 SUSAN E. TROMBLY

Susan E. Trombly appeals the decision of the Division of
Selection Services which found that she did not meet the
residency requirement for the open competitive examination
for Food Service Manager (C0673W), Cumberland County.

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

B-65 DOROTHY GARLIC

Dorothy Garlic, a Field Gaming Regulator with the Casino
Control Commission, represented by Robert Malestein, Esq.,
appeals the denial of participation as a leave recipient in
the donated leave program.

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

B-66 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of October
26, 1999, are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its
meeting of October 26, 1999.

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

B-67 EARLY SETTLEMENTS

Janet Ertlmaier
Kean University
Removal

Althea L. Hill
Vineland Developmental Center
Department of Human Services
Demotion

Michael Onwuchekwa
Division of Taxation
Department of the Treasury
Release at the end of the working test period

ACTION: The Merit System Board acknowledged the
settlements.


There being no further business before the Merit System
Board, the meeting was adjourned to convene on Tuesday, November
23, 1999, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
JANICE MITCHELL MINTZ
CHAIRWOMAN
MERIT SYSTEM BOARD

 
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