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MINUTES OF REGULAR MEETING OF

THE CIVIL SERVICE COMMISSION

 

JULY 19, 2023

 

 Allison Chris Myers, Chairperson

Dolores Gorczyca

Daniel W. O’Mullan

Diomedes Tsitouras

 

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    A regular meeting of the Civil Service Commission was held on Wednesday, July 19, 2023, at 10:00 a.m., in Trenton, New Jersey.

 

    PRESENT: Allison Chris Myers, 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 June 28, 2023.

 

ACTION:      The Civil Service Commission adopted the minutes of its meeting of June 28, 2023

 

WITHDRAWAL OF APPEALS

 

The following appeals were withdrawn and removed from the hearing calendar:

 

Royce Davis, Motor Vehicle Commission, return to previously held permanent title at the end of the working test period.

 

Daren Figueroa, Building Maintenance Worker, Hoboken Public Library, removal.

 

Bryan Gomez, County Correctional Police Officer, Hudson County, Department of Corrections, suspension.

 

Alex Navas, Laborer 1, West New York, Department of Public Safety, suspension and removal.

 

Robert Lawson, Code Enforcement Officer, Roselle, Department of Administrative and Executive, removal.

 

Latora Lewis, Custodial Worker, Newark School District, removal.

 

Rebeca Soto, Tenant Relations Assistant, City of Orange Housing Authority, removal.

 

ACTION:     The Civil Service Commission noted the withdrawal of appeal without prejudice.

 

 DISMISSAL FOR FAILURE TO APPEAR

 

The Civil Service Commission dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:

 

Latoya Hill, Security Guard, Newark School District, removal and resignation not in good standing.

 

Adam Kerr, Employment Services Trainee, Veterans Services, Department of Labor and Workforce Development, release at the end of the working test period. 

 

ACTION:    The Civil Service Commission noted the dismissal of appeals without prejudice.

 

SECTION A – HEARING MATTERS

 

A-1    SETTLEMENTS

 

Christopher Carralero

West New York

Police department

Removal

 

Sean Eisele

Department of Transportation

Removal

VOTE:         Allison Chris Myers                (Yes)

                   Dolores Gorczyca                   (Recuse)

                   Daniel W. O’Mullan                (Yes)

                   Diomedes Tsitouras               (Yes)

 

Edwin Hernandez

Jersey City

Police Department

Removal

 

Mary Swanson

Hopatcong

Department of Magistrate

Release at the end of the working test period

 

Munajj Ziyad

Essex County

Department of Public Safety and Corrections

Suspension

 

ACTION:     The Civil Service Commission acknowledged the settlements.

 

A-2    JAMES BARTOS – CSC DOCKET NO. 2021-177

 

James Bartos, Highway Operations Technician 1, Department of Transportation, resignation not in good standing, effective April 13, 2020, on charges of job abandonment.    

 

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

 

ACTION:     The Civil Service Commission rejected the Administrative Law Judge’s recommendation and affirmed the resignation not in good standing.

VOTE:         Allison Chris Myers                (Yes)

                   Dolores Gorczyca                   (Recuse)

                   Daniel W. O’Mullan                (Yes)

                   Diomedes Tsitouras               (No)

 

A-3    JOSEPH DEMARCO – CSC DOCKET NO. 2021-988

 

Joseph DeMarco, Senior Correctional Police Officer, Bayside State Prison, Department of Corrections, removal, effective December 16, 2020, 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-4    KECIA NELSON – CSC DOCKET NO. 2023-452

 

Kecia Nelson, Practical Nurse, Ancora Psychiatric Hospital, Department of Health, removal, effective March 23, 2022, on charges of conduct unbecoming a public employee and other sufficient cause.    

 

Recommendation of the Administrative Law Judge – Dismiss the appeal for failure to appear.         

 

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

 

 A-5    CHRISTINA PERNA – CSC DOCKET NO. 2023-415

 

Christina Perna, Senior Laundry Worker, Ancora Psychiatric Hospital, Department of Health, resignation not in good standing, effective April 6, 2021, on charges of conduct unbecoming a public employee, job abandonment and other sufficient cause.    

 

Recommendation of the Administrative Law Judge – Dismiss the appeal for failure to appear.       

 

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

 

A-6    KEITH SCOTT – CSC DOCKET NO. 2022-517

 

Keith Scott, Senior Correctional Police Officer, Garden State Youth Correctional Facility, Department of Corrections, removal, effective August 14, 2021, 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 affirmed the recommendation of the Administrative Law Judge.

VOTE:         Allison Chris Myers                (Yes)

                   Dolores Gorczyca                   (Yes)

                   Daniel W. O’Mullan                (No)

                   Diomedes Tsitouras               (Yes)

 

A-7    IYANAH THERMITUS – CSC DOCKET NO. 2022-2445

 

Iyanah Thermitus, Cashier/Food Service Worker, Newark School District, removal and resignation not in good standing, effective February 1, 2022, on charges of incompetency, inefficiency or failure to perform duties, chronic or excessive absenteeism or lateness, neglect of duty and other sufficient cause.      

 

Recommendation of the Administrative Law Judge – Dismiss the appeal for failure to appear.       

 

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

 

SECTION B – MISCELLANEOUS MATTERS

 

B-1    E.A. – CSC DOCKET NO. 2023-1116

         

E.A., represented by Michael L. Prigoff, Esq., appeals his rejection as a Fire Fighter candidate by Trenton and its request to remove his name from the eligible list for Fire Fighter (M1874W) on the basis of psychological unfitness to perform effectively the duties of the position.

 

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

 

B-2    G.B. – CSC DOCKET NO. 2023-1001

         

G.B., represented by Craig S. Gumpel, Esq., appeals his rejection as a Fire Fighter candidate by Linden and its request to remove his name from the eligible list for Fire Fighter (M1848W) on the basis of psychological unfitness to perform effectively the duties of the position.

 

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

 

B-3    H.M. – CSC DOCKET NO. 2023-352

         

H.M., represented by Alexandra Macaluso, Esq., appeals his rejection as a Sheriff’s Officer candidate by Middlesex County and its request to remove his name from the eligible list for Sheriff’s Officer (S9999A) on the basis of psychological unfitness to perform effectively the duties of the position.

 

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

 

B-4    F.R. – CSC DOCKET NO. 2022-3063

         

F.R., represented by Michael L. Prigoff, Esq., appeals his rejection as a Fire Fighter candidate by Linden and its request to remove his name from the eligible list for Fire Fighter (M1848W) on the basis of psychological unfitness to perform effectively the duties of the position.

 

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

 

 B-5    J.T. – CSC DOCKET NO. 2023-673

         

J.T., represented by Gregg L. Zeff, Esq., appeals his rejection as a Fire Fighter candidate by Camden and its request to remove his name from the eligible list for Fire Fighter (M1809W) on the basis of psychological unfitness to perform effectively the duties of the position.

 

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

 

B-6    T.W. – CSC DOCKET NO. 2023-739

         

T.W. appeals his rejection as a Police Officer candidate by Vineland and its request to remove his name from the eligible list for Police Officer (S9999A) on the basis of psychological unfitness to perform effectively the duties of the position.

 

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

 

B-7    PHILIPPE LADOUCEUR – CSC DOCKET NOS. 2023-1817 AND 2023-1819

         

Philippe Ladouceur appeals the decision to remove his name from the Supervising Field Representative Housing (PS2945D), Department of Community Affairs eligible list on the basis of an unsatisfactory employment record.

 

ACTION:     The Civil Service Commission held this matter over.

 

B-8    B.M. – CSC DOCKET NO. 2021-1589

         

B.M., represented by James J. Carroll, Esq., appeals the bypass of his name on the Fire Fighter (M1862W), Passaic eligible list.

 

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

 

B-9    VICKY HOWARD – CSC DOCKET NO. 2023-1975

         

Vicky Howard requests permission to submit a late application for the promotional examination for Senior Clerk Typist (PS0481Q), Office of the Public Defender.

 

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

 

 B-10   ANA BERNARD OCASIO – CSC DOCKET NO. 2022-3222

         

Ana Bernard Ocasio appeals the determination of the Division of Agency Services which found that she did not meet the requirements for the promotional examination for Clerk 3 (PC3782D), Essex County.

 

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

         

B-11   AIDA JOHNSON– CSC DOCKET NO. 2023-1707

         

Aida Johnson, represented by Lynsey A. Stehling, Esq., appeals her score on the multiple choice Bilingual Communication Abilities Test for the title of Master Probation Officer, Bilingual in Spanish and English, Judiciary.

 

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

 

B-12   APRIL-DANIELLE GRANT – CSC DOCKET NO. 2023-2321 AND 2023-2322

         

April-Danielle Grant appeals the administration of the Quality Assurance Specialist, Health Services (PS7068K) and Quality Assurance Coordinator (PS8846K), Department of Human Services promotional examinations.

 

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

 

B-13   IDESHA HOWARD– CSC DOCKET NO. 2023-1375

         

Idesha Howard, County Correctional Police Officer with Essex County, represented by Luretha M. Stribling, Esq., petitions the Civil Service Commission for reconsideration of the final administrative decision, rendered on December 7, 2022, in which the Civil Service Commission denied her request for interim relief of her immediate and indefinite suspension.

 

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

 

B-14   NA’ASHA BROWN– CSC DOCKET NOS. 2023-1511 AND 2023-2581

         

Na’asha Brown, a County Correctional Police Officer with Mercer County, represented by Stuart J. Alterman, Esq., petitions the Civil Service Commission for interim relief regarding her immediate suspensions, effective March 2, 2022, and February 15, 2023.

 

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

 

B-15   ANTOINE BUGGS– CSC DOCKET NO. 2023-581

         

Antoine Buggs, a Police Officer with the City of East Orange, represented by Paul W. Tyshchenko, Esq., petitions the Civil Service Commission for interim relief of his immediate and indefinite suspension.

 

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

 

B-16   MICHAEL MCCABE– CSC DOCKET NO. 2023-2812

         

Milltown, represented by Heather J. Fay, Esq., requests the relaxation of N.J.A.C. 4A:4-7.1A(a)1 to permit the intergovernmental transfer of Michael McCabe from the title of Police Officer Palisades Interstate Park, Palisades Interstate Park Commission, to the title of Police Officer, Milltown.

 

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

 

B-17   RESEARCH ECONOMIST 3, DEPARTMENT OF THE TREASURY– CSC DOCKET NO. 2023-648

         

The Division of Agency Services requests the reallocation of the Research Economist 3, Department of the Treasury title to the noncompetitive division of the career service from July 29, 2023 to August 12, 2023.

 

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

 

PUBLIC PORTION

 

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