Minutes of Regular Meeting of the Civil Service Commission

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MINUTES OF REGULAR MEETING OF

THE CIVIL SERVICE COMMISSION

AUGUST 23, 2023

Allison Chris Myers, Chairperson

Dolores Gorczyca

Daniel O’Mullan

Diomedes Tsitouras

Christina Mongon

AUGUST 23, 2023

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A regular meeting of the Civil Service Commission was held on Wednesday, August 23, 2023, at 10:00 a.m., in Trenton, New Jersey.

PRESENT: Allison Chris Myers, Chairperson; Members Dolores Gorczyca, Daniel O’Mullan, 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 August 2, 2023.

ACTION: The Civil Service Commission adopted the minutes of its meeting of August 2, 2023.

VOTE: Allison Chris Myers (Yes)

Dolores Gorczyca (Yes)

Daniel O’Mullan (Abstain)

Diomedes Tsitouras (Yes)

Christina Mongon (Yes)

WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the hearing calendar:

Timothy Butler, Human Services Specialist 2, Cumberland County, Department of Social Services, suspension and removal.

Janitqua Days, County Correctional Police Officer, Cumberland County, Department of Corrections, removal.

William Goines, Senior Food Service Handler, Green Brook Regional Center, Department of Human Services, release at the end of the working test period.

Brian Hoagland, Emergency Medical Technician, Gloucester County, Department of Emergency Response, suspension.

Michael Nolan, Inspector 1, Fire Safety, Department of Community Affairs, removal and resignation not in good standing.

Thomas Sher, Margate, Fire Department, removals (2).

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:

Rory Smith, Juvenile Detention Officer, Essex County, Department of Citizen Services, 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

Hasana Adams

Union County

Department of Corrections

Suspension

Gavin Evans

Hunterdon Developmental Center

Department of Human Services

Removal

Nicole Rondon (Consolidated)

Newark

Department of Children and Wellbeing

Suspension and Removal

ACTION: The Civil Service Commission acknowledged the settlements.

A-2 ALEXIS ANDERSON – CSC DOCKET NO. 2021-1449

Alexis Anderson, Investigator 1, Child Protection, Department of Children and Families, 20 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 – Uphold the 20 working day suspension.

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

VOTE: Allison Chris Myers (Yes)

Dolores Gorczyca (Recuse)

Daniel O’Mullan (Yes

Diomedes Tsitouras (Yes)

Christina Mongon (Yes)

A-3 ANA CASTILLO – CSC DOCKET NO. 2020-577

Ana Castillo, Fire Fighter, Passaic City, Department of Public Safety, six working day suspension, on charges of conduct unbecoming a public employee and other sufficient cause.

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

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

A-4 JOHN DADURA – CSC DOCKET NOS. 2022-1148 and 2022-1150 (Consolidated)

John Dadura, Police Officer, Wildwood City, Department of Public Safety and Public Affairs, seven and 60 working day suspensions on charges of incompetency, inefficiency or failure to perform duties, inability to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge – Modify the 60 working day suspension to a 30 working day suspension.

ACTION: The Civil Service Commission rejected the Administrative Law Judge’s recommendation and affirmed the 60 working day suspension.

A-5 CARISTINA NUNEZ – CSC DOCKET NO. 2021-1024

Caristina Nunez, Clerk 1, Bilingual in Spanish and English, Trenton, Department of Housing as Economic Development, removal, effective December 22, 2020, on charges incompetency, inefficiency or failure to perform duties, insubordination, 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 affirmed the recommendation of the Administrative Law Judge.

A-6 RASHON TYSON-BUTLER – CSC DOCKET NO. 2021-1441

Rashon Tyson-Butler, County Correctional Police Officer, Hudson County, Department of Corrections, removal, effective January 19, 2021, on charges of conduct unbecoming a public employee, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge – Modify the removal to a 30 working day suspension.

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

A-7 DODI ZORRILLA – CSC DOCKET NO. 2023-1250

Dodi Zorrilla, Police Officer, Paterson, Police Department, 90 calendar day suspension, on charges of violating various departmental regulations.

Recommendation of the Administrative Law Judge – Modify the 90 calendar day suspension to a two working day suspension.

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

SECTION B – MISCELLANEOUS MATTERS

B-1 N.R. – CSC DOCKET NO. 2022-2387

N.R., represented by Christopher L. Perkes, Esq., appeals his rejection as a Fire Fighter candidate by Clifton and its request to remove his name from the eligible list for Fire Fighter (M1813W) 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 ABEL IYAMU – CSC DOCKET NO. 2023-197

Abel Iyamu appeals the decision of the Department of Human Services to remove his name from the eligible list for Cottage Training Technician (PS5321K), Hunterdon Developmental Center, based on an unsatisfactory employment record.

ACTION: The Civil Service Commission directed that this appeal be granted and the appellant’s name be recorded as bypassed for appointment from the subject certification.

B-3 N.P. – CSC DOCKET NO. 2022-3302

N.P., represented by Lynsey A. Stehling, Esq., appeals the removal of his name from the Fire Fighter (M1873W), Teaneck, eligible list, on the basis of an unsatisfactory background report.

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

B-4 DAWN GRANT – CSC DOCKET NO. 2023-566

Dawn Grant appeals the administration of the examination for Family Service Supervisor (PC4847C), Essex County.

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

B-5 A.A. – CSC DOCKET NO. 2023-2060

A.A., an Assistant District Parole Supervisor with the State Parole Board, appeals the determination of the Chairman 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 B.R. – CSC DOCKET NO. 2022-3112

B.R., a Senior Correctional Police Officer with the Department of Corrections appeals the determinations of the Director of the Equal Employment Division, stating that the appellant failed to present sufficient evidence to support findings that he had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace.

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

B-7 JOSEPH WYSOCKI – CSC DOCKET NO. 2022-3284

Joseph Wysocki, a former Fire Fighter with Pennsauken, represented by Daniel E. Rybeck, Esq., petitions the Civil Service Commission for interim relief regarding his removal.

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

B-8 FABIO COLOGNA, ET AL. – CSC DOCKET NOS. 2023-1728, ET AL.

Fabio Cologna, Kevin Robinson, Stephen Scrivani, and Andrew Frey appeal their non-appointments from the December 28, 2022, certification of the Fire Captain (PM1039V), Hoboken, eligible list.

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

B-9 MOHAMAED CONTEH – CSC DOCKET NO. 2023-1991

Mohamed Conteh requests that the Civil Service Commission determine the back pay and seniority entitled to him in In the Matter of Mohamed Conteh (CSC, decided September 21, 2022).