[Printable PDF Format]

 

 

MINUTES OF REGULAR MEETING OF

THE CIVIL SERVICE COMMISSION

 

FEBRUARY 22, 2023

 

Allison Chris Myers, Acting Chairperson

Dolores Gorczyca

Daniel W. O’Mullan

Diomedes Tsitouras

 

******************************************************************

 

    A regular meeting of the Civil Service Commission was held on Wednesday, February 22, 2023, at 10:00 a.m., in Trenton, New Jersey.

 

            PRESENT: Allison Chris Myers, Acting Chairperson; Members Dolores Gorczyca, Daniel O’Mullan and Diomedes Tsitouras; Levi Klinger-Christiansen, Deputy Attorney General; Nicholas F. Angiulo, Director, Division of Appeals and Regulatory Affairs; Annemarie Ragos, Commission Secretary.  All individuals listed participated via teleconference.

 

          In accordance with L.1975, c.231, the Secretary to the Civil Service Commission opened the meeting with the following statement:

 

    Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on November 23, 2022, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.

 

    All actions were by unanimous vote unless otherwise specified.

 

CIVIL SERVICE COMMISSION MINUTES

 

Submitted for adoption are the Civil Service Commission minutes of its meeting of February 1, 2023.

 

ACTION:     The Civil Service Commission adopted the minutes of its meeting of February 1, 2023.

 

WITHDRAWAL OF APPEALS

 

The following appeals were withdrawn and removed from the hearing calendar:

 

Neil Raciti, Sheriff’ Officer, Middlesex County, Sheriff’s Department, removal.

 

ACTION:

 

SECTION A – HEARING MATTERS

 

A-1    SETTLEMENTS

 

Carlos Ferrer and Benjamin DeVuyst (Consolidated)

State Parole Board

Suspensions

 

Rakiiya Jacobs

Newark School District

Removal

 

Jose Santos

Newark

Department of Public Safety

Suspension

 

ACTION:     The Civil Service Commission acknowledged the settlements.

 

A-2    STEVEN ALLEN – CSC DOCKET NO. 2021-1765

 

Steven Allen, Sheriff’s Officer, Gloucester County, Sheriff’s Office, removal, effective May 21, 2021, on charges of conduct unbecoming a public employee and other sufficient cause. 

 

Recommendation of the Administrative Law Judge – Uphold the removal.

 

ACTION:     The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

  

A-3    RICHIE LOPEZ – CSC DOCKET NO. 2023-631 

 

Richie Lopez, Police Officer, Jersey City, removal, effective August 23, 2022, on charges of conduct unbecoming a public employee and violation of departmental policies.  

 

Recommendation of the Administrative Law Judge – Grant the appellant’s motion for summary decision and reverse the removal. 

 

ACTION:     The Civil Service Commission remanded the matter to the Office of Administrative Law.

 

A-4    MICHAEL MALDONADO AND ALFONSO REDDICK – CSC DOCKET NOS. 2022-2508 AND 2022-2509 (Consolidated)

 

Michael Maldonado and Alfonso Reddick, Police Officers, Newark Department of Public Safety, six working day suspensions on charges of disobedience of orders.   

 

Recommendation of the Administrative Law Judge – Uphold the six working day suspensions. 

 

ACTION:     The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

 

A-5    THERESA MCKINNEY-WARDRICK – CSC DOCKET NO. 2020-1914

 

Theresa McKinney-Wardrick, Senior Cook, Newark School District, 30 working day suspension, on charges of incompetency, inefficiency or failure to perform duties, insubordination, neglect of duty and other sufficient cause.

 

Recommendation of the Administrative Law Judge – Reverse the 30 working day suspension.

 

ACTION:     The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

 

A-6    ROBERT NGUETSOP – CSC DOCKET NOS. 2020-1741 AND 2021-85 (Consolidated)

 

Robert Nguetsop, Electrical Mechanic, Department of Transportation, 15 and 30 working day suspensions, of charges of incompetency, inefficiency or failure to perform duties, falsification, neglect of duty and other sufficient cause.  

 

Recommendation of the Administrative Law Judge – Reverse the 15 and 30 working day suspensions.    

 

ACTION:     The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

VOTE:         Allison Chris Myers                (Yes)

                   Dolores Gorczyca                   (Recuse)

                   Daniel W. O’Mullan                (Yes)

                   Diomedes Tsitouras               (Yes)

 

A-7    KLEOVOULOS ZISSIMOPOULOS – CSC DOCKET NO. 2023-637

 

Kleovoulos Zissimopoulos, Police Officer, Atlantic City, Department of Public Safety and Juvenile Justice, removal, effective August 30, 2022, on charges of conduct unbecoming a public employee and other sufficient cause.  

 

Recommendation of the Administrative Law Judge – Reverse the removal.

 

ACTION:     The Civil Service Commission upheld the Administrative Law Judge’s finding regarding the charges, rejected his recommendation regarding the remedy and acknowledged the agreed upon penalty of a 180 calendar day suspension.

 

SECTION B – MISCELLANEOUS MATTERS

 

B-1    PETER FABIANI – CSC DOCKET NO. 2023-642

         

Peter Fabiani represented by Thomas A. Cushane, Esq., appeals the bypass of his name on the Police Lieutenant (PM4156C), Pennsauken eligible list. 

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

 

B-2    ODAI MATARIEH – CSC DOCKET NO. 2023-1002

         

Odai Matarieh requests that he be permitted to submit applications for the 2022 Law Enforcement Examination, after the application filing deadline. 

 

ACTION:     The Civil Service Commission directed that this request be denied.

 

B-3    KIMBERLY BADESSA – CSC DOCKET NO. 2023-1010

         

Kimberly Badessa appeals the determination of the Division of Agency Services which found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Administrative Analyst 2 Procurement (PS7934S), Department of State. 

 

ACTION:     The Civil Service Commission directed that this appeal be granted.

 

B-4    JANNIFER BEASLEY – CSC DOCKET NO. 2023-1013

         

Jannifer Beasley appeals the decision of the Division of Agency Services which found that she did not properly complete her application and her eligibility could not be determined, for the promotional examination for Human Services Specialist 4 (PC4888D), Camden County. 

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

 

B-5    CLAUDIA JACKSON – CSC DOCKET NO. 2023-819

         

Claudia Jackson appeals the determination of the Division of Agency Services that she was ineligible for the open competitive examination for Social Worker 2 (S1084D), Statewide. 

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

 

B-6    LANCE WILLIAMS – CSC DOCKET NO. 2023-589

         

Lance Williams, represented by Catherine M. Elston, Esq., appeals the decision of the Division of Agency Services which found that he did not meet the experience requirements for the open-competitive examination for Technical Assistant Personnel (M0726D), Newark School District. 

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

 

B-7    WILMAN DIAZ – CSC DOCKET NO. 2022-3035

         

Wilman Diaz appeals the determination of the Division of Administration denying his request for a make-up for the promotional examination for Sheriff’s Officer Sergeant (PC4997C), Morris County. 

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

 

B-8    DARYL GORDON – CSC DOCKET NO. 2022-3152

         

Daryl Gordon appeals the determination of the Division of Administration denying his request for a make-up for the promotional examination for Sheriff’s Officer Lieutenant (PC4980C), Passaic County. 

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

 

B-9    CHRISTOPHER CURKO – CSC DOCKET NO. 2022-2942

         

Christopher Curko appeals the correct response to question 40 on the promotional examination for Battalion Fire Chief (PM3385C), Hoboken. 

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

 

B-10   SALEH JUDEH AND MICHAEL NG – CSC DOCKET NOS. 2023-866 AND 2023-864

         

Saleh Judeh (PM4724D), Paterson; and Michael Ng (PM4746D), Woodbridge; appeal the promotional examination for Police Captain. 

 

ACTION:     The Civil Service Commission directed that these appeals be denied.

 

B-11   GRAHAM KOSHNICK – CSC DOCKET NO. 2022-2970

         

Graham Koshnick appeals his score on the make-up of the promotional examination for Police Captain (PM0840A), Belleville.

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

 

B-12   JOSEPH VASBINDER, ET AL. – CSC DOCKET NOS. 2023-870, ET AL.

         

Joseph Vasbinder (PM4758D), Delran; Jorge Cabral, Jose Escaleira, Jason Luis and Luciano Porto (PM4761D), Elizabeth; Bryan Yannuzzi (PM4762D), Fairview; Nathaniel Montgomery and Justin Pederson (PM4772D), Lakewood; Francisco Munoz, Anthony Petrazzuolo and Michael Urena (PM4785D), Paterson; Luigi Violante (PM4786D), Seaside Heights; Lloyd McNelly (PM4790D), South Plainfield; Brian Foster (PM4796D), Voorhees; and Antonia Gonzalez, a make-up candidate for (PM4130C), Long Branch; appeal the promotional examination for Police Lieutenant (various jurisdictions). 

 

ACTION:     The Civil Service Commission directed that these appeals be denied.

 

B-13   HOPE POLITE – CSC DOCKET NO. 2023-850

         

Hope Polite appeals the administration of the examination for Supervising Family Service Specialist 1 (PS8311K), Department of Children and Families. 

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

 

B-14   J.B. – CSC DOCKET NO. 2022-1153

         

J.B., an Assistant Regional Forester, Department of Environmental Protection, appeals the determination of the Deputy Director, Division of Equal Employment Opportunity/Affirmative Action, Civil Service Commission which found that the appellant failed to present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace. 

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

VOTE:         Allison Chris Myers                (Recuse)

                   Dolores Gorczyca                   (Yes)

                   Daniel W. O’Mullan                (Yes)

                   Diomedes Tsitouras               (Yes)

 

B-15   R.C. – CSC DOCKET NO. 2023-357

         

R.C., a Program Support Specialist 2, Assistance Programs with the Department of Community Affairs, appeals the determination of the Commissioner, which found that the appellant failed to present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace. 

 

ACTION:     The Civil Service Commission referred this matter to the Office of Administrative Law for a hearing.

 

B-16   DONNELL HOLLAND, ET AL. – CSC DOCKET NOS. 2023-1536, ET AL.

         

Donnell Holland, Kevin Fair and Henry White, III, represented by Lauren Sandy, Esq., petition the Civil Service Commission for reconsideration of In the Matters of Donnell Holland, Kevin Fair, and Henry White III, Police Captain (PM4445C), Atlantic City (CSC, decided June 15, 2022). 

 

ACTION:     The Civil Service Commission directed that this petition be granted.

 

B-17   POLICE CHIEF, PATERSON – CSC DOCKET NO. 2023-1559

         

Paterson, represented by Aymen A. Aboushi, Esq., appeals the determination of the Division of Agency Services which denied its request to appoint a Police Chief in the unclassified service pursuant to N.J.S.A. 40:69A-60.7. 

 

ACTION:     The Civil Service Commission directed that this appeal be denied.

 

B-18   DAVID WROBLEWSKI – CSC DOCKET NO. 2023-375

         

David Wroblewski, a part-time Building Subcode Official, Perth Amboy, appeals the denial of his request for pro-rated vacation leave. 

 

ACTION:     The Civil Service Commission directed that this appeal be granted in part.

 

B-19   PAYROLL SUPERVISOR (M0364D), VINELAND SCHOOL DISTRICT – CSC DOCKET NO. 2023-1277

         

Vineland School District requests permission not to make an appointment from the May 16, 2022 certification for Payroll Supervisor (M0364D), Vineland School District. 

 

ACTION:     The Civil Service Commission granted the appointment waiver and assessed selection costs in the amount of $2,048.

 

PUBLIC PORTION

 

No comments.

 

 There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, March 15, 2023, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.