Minutes of Regular Meeting of the Civil Service Commission

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MINUTES OF REGULAR MEETING OF

THE CIVIL SERVICE COMMISSION

 

AUGUST 2, 2023

 

Allison Chris Myers, Chairperson

Dolores Gorczyca

Daniel O’Mullan

Diomedes Tsitouras

Christina Mongon

  

AUGUST 2, 2023

 

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    A regular meeting of the Civil Service Commission was held on Wednesday, August 2, 2023, at 10:00 a.m., in Trenton, New Jersey.

 

    PRESENT: Allison Chris Myers, Chairperson; Members Dolores Gorczyca, Diomedes Tsitouras and Christina Mongon; 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 July 19, 2023.

 

ACTION:      The Civil Service Commission adopted the minutes of its meeting of July 19, 2023.

VOTE:         Allison Chris Myers                (Yes)

                   Dolores Gorczyca                   (Yes)

                   Diomedes Tsitouras               (Yes)

                   Christina Mongon                  (Abstain)

 

WITHDRAWAL OF APPEALS

 

The following appeals were withdrawn and removed from the hearing calendar:

 

Nataura Fauntleroy, County Correctional Police Officer, Mercer County Corrections Center, suspensions (4). 

 

Maurice Thompson, Equipment Operator, Newark, Department of Water and Sewer, suspensions (4).

 

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:

 

Robert Andrews, Sheriff’s Officer, Essex County, Sheriff’s Department, suspension.

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

 

 SECTION A – HEARING MATTERS

 

A-1    SETTLEMENTS

 

Enrique Griffiths

Ann Klein Forensic Center

Department of Health

Removal

 

Aleah Lehmacher

New Lisbon Developmental Center

Department of Human Services

Removal

 

ACTION:     The Civil Service Commission acknowledged the settlements.

 

A-2    JUDY BELLAMY – CSC DOCKET NO. 2022-828

 

Judy Bellamy, County Correctional Police Officer, Mercer County Corrections Center, 25 working day suspension, insubordination, conduct unbecoming a public employee and other sufficient cause.      

 

Recommendation of the Administrative Law Judge – Uphold the 25 working day suspension. 

 

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

 

A-3    JUDY BELLAMY – CSC DOCKET NO. 2023-1588

 

Judy Bellamy, County Correctional Police Officer, Mercer County Corrections Center, removal, effective January 14, 2023, on charges or insubordination, conduct unbecoming a public employee and other sufficient cause.      

 

Recommendation of the Administrative Law Judge – Uphold the removal. 

 

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

 

A-4    THEODORE CHRISTIE – CSC DOCKET NO. 2022-96

 

Theodore Christie, County Correctional Police Officer, Mercer County Corrections Center, eight working day suspension, on charges or chronic or excessive absenteeism or lateness and other sufficient cause.      

 

Recommendation of the Administrative Law Judge – Uphold the eight working day suspension.

 

ACTION:     The Civil Service Commission modified the eight working day suspension to a five working day suspension.

 

A-5    ERIC GEISLER – CSC DOCKET NO. 2022-1325

 

Eric Geisler, Custodial Worker, Low Pressure License, Lodi, Board or Education, removal, effective October 15, 2021, on charges of incompetency, inefficiency or failure to perform duties, insubordination, inability to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause.    

 

Recommendation of the Administrative Law Judge – Uphold the removal.

 

ACTION:     The Civil Service Commission modified the removal to a 90 working day suspension and anger management training.

VOTE:         Allison Chris Myers                (No)

                   Dolores Gorczyca                   (Yes)

                   Diomedes Tsitouras               (Yes)

                   Christina Mongon                  (Yes)

 

A-6    NORHAN MANSOUR – CSC DOCKET NO. 2023-1987

 

Norhan Mansour, Police Officer, Jersey City, Police Department, removal, effective March 2, 2023, on charges or insubordination, inability to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause.

 

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

 

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

 

A-7    JANEEN MCNALLY – CSC DOCKET NO. 2023-741

 

Janeen McNally, County Correctional Police Officer, Bergen County, Sheriff’s Office, 10 working day suspension, on charges of chronic or excessive absenteeism or lateness and other sufficient cause.       

 

Recommendation of the Administrative Law Judge – Modify the 10 working day suspension to a written reprimand.        

 

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

 

A-8    STANLEY PRINCIPE – CSC DOCKET NO. 2023-1586

 

Stanley Principe, Firefighter, Jersey City, Fire Department, removal and resignation not in good standing, effective January 5, 2023, on charges of conduct unbecoming a public employee and being absent without leave.

 

Recommendation of the Administrative Law Judge – Uphold the removal and resignation not in good standing.

 

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

 

A-8    BRIAN WUNK – CSC DOCKET NO. 2023-632

 

Brian Wunk, Police Officer, Ringwood, Police Department, removal, effective August 22, 2022, on charges of inability to perform duties. 

 

Recommendation of the Administrative Law Judge – Dismiss the appeal as moot.

 

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

 

 

SECTION B – MISCELLANEOUS MATTERS

 

B-1    M.T. – CSC DOCKET NO. 2023-679

         

M.T., represented by Joshua H. Reinitz, Esq., appeals his rejection as a Police Officer candidate by the Garfield 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-2    MIRIAM ABREU – CSC DOCKET NO. 2023-1469

         

Miriam Abreu appeals the determination of the Division of Agency Services that she did not meet the experience requirements for the promotional examination for Human Services Specialist 1, Bilingual in Spanish and English (C1492D), Hudson County open competitive examination.

 

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

  

B-3    POLICE LIEUTENANT (PM3381E), JERSEY CITY – CSC DOCKET NO. 2024-112

 

Jersey City, represented by Arthur R. Thibault, Jr., Esq., appeals the decision of the Division of Agency Services, which denied its request to rescind the promotional examination announcement for Police Lieutenant (PM3381E), Jersey City.

 

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

VOTE:         Allison Chris Myers                (No)

                   Dolores Gorczyca                   (Yes)

                   Diomedes Tsitouras               (Yes)

                   Christina Mongon                  (Yes)

 

B-4    V.C. – CSC DOCKET NO. 2022-2521

         

V.C., a former Deputy Attorney General with the Department of Law and Public Safety, appeals the determination of the Chief Ethics and Compliance Officer, stating that there was probable cause to substantiate a finding that she violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.

 

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

 

B-5    S.R. – CSC DOCKET NO. 2023-1778

         

S.R., a Quality Assurance Specialist, Health Services with the Department of Human Services, Division of Aging Services, appeals the determination of an Assistant Commissioner which was unable to substantiate that she was subject to discrimination in violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.

 

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

 

B-6    OMAR DIAZ – CSC DOCKET NO. 2023-2393

         

Omar Diaz, a Police Captain with the City of Newark, represented by John J. Chrystal, III, President of the Superior Officers’ Association, petitions the Civil Service Commission for interim relief regarding his removal.

 

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

  

B-7    A.U.-C.– CSC DOCKET NO. 2023-636

         

A.U.-C., a former Keyboarding Clerk 2, with Passaic County, represented by Ronald J. Ricci, Esq., requests a hearing regarding her separation from employment.

 

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

 

B-8    EMPLOYMENT COUNSELOR TRAINEE AND EMPLOYMENT COUNSELOR TRAINEE, BILINGUAL IN SPANISH AND ENGLISH – CSC DOCKET NO. 2023-2592

         

The Division of Agency Services requests reallocation of the Employment Counselor Trainee and Employment Counselor Trainee, Bilingual in Spanish and English, titles to the non-competitive division of the career service in accordance with N.J.A.C. 4A:3-1.2.

 

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

 

B-9    MANAGER, HEALTH BENEFITS, POLICY, PLANNING, AND ADMINISTRATION – CSC DOCKET NO. 2023-2913

         

The Division of Agency Services requests the establishment of the unclassified title of Manager, Health Benefits Policy, Planning, and Administration for use in the Department of the Treasury.  It also requests the inactivation of the title of Health Officer/Registered Environmental Health Specialist, Public Health.

 

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

 

PUBLIC PORTION

 

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