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MINUTES OF REGULAR MEETING OF

THE CIVIL SERVICE COMMISSION

 

DECEMBER 20, 2023

 

Allison Chris Myers, Chairperson

Dolores Gorczyca

Daniel O’Mullan

Diomedes Tsitouras

Christina Mongon

  

DECEMBER 20, 2023

 

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    A regular meeting of the Civil Service Commission was held on Wednesday, December 20, 2023, at 10:00 a.m., in Trenton, New Jersey.

 

    PRESENT: Allison Chris Myers, Chairperson; Members Delores 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 December 6, 2023.

 

ACTION:      The Civil Service Commission adopted the minutes of its meeting of December 6, 2023.

VOTE:         Allison Chris Myers                (Yes)

                   Dolores Gorczyca                   (Yes)

                   Daniel O’Mullan                     (Yes)

                   Diomedes Tsitouras               (Yes)

                   Christina Mongon                  (Abstain)

 

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:

 

Jamie Jackson, Keyboarding Clerk 1, Paterson, Municipal Court, 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

 

David Flaherty

Atlantic City

Department of Public Safety

Removal

 

Chena Green

Ann Klein Forensic Center

Department of Health

Removal

 

Bryant Mitchell

Atlantic City

Department of Public Safety

Removal

 

Andrea Pack

Ann Klein Forensic Center

Department of Health

Removal

 

ACTION:     The Civil Service Commission acknowledged the settlements.

 

A-2    DOMINIC CALDWELL – CSC DOCKET NO. 2022-2222

 

Dominic Caldwell, Electrician, South Woods State Prison, Department of Corrections, 10 working day suspension, on charges of insubordination.       

 

Recommendation of the Administrative Law Judge – Reverse the 10 working day suspension. 

 

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

VOTE:         Allison Chris Myers                (Recuse)

                   Dolores Gorczyca                   (Recuse)

                   Daniel O’Mullan                     (Yes)

                   Diomedes Tsitouras               (Yes)

                   Christina Mongon                  (Yes)

 

A-3    SHA-KEANA DAVIS – CSC DOCKET NOS. 2023-742, ET AL. (CONSOLIDATED)

 

Sha-Keana Davis, County Correctional Police Officer, Mercer County Corrections Center, six, 10, 10 and 20 working day suspensions, on charges of chronic or excessive absenteeism or lateness, incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause.

 

Recommendation of the Administrative Law Judge – Uphold the six, 10, 10 and 20 working day suspensions.   

 

ACTION:     The Civil Service Commission modified the suspensions to one, five, five and 10 working day suspensions. 

  

A-4    MICHELLE SAMPSON – CSC DOCKET NO. 2023-281

 

Michelle Sampson, Senior Emergency Medical Technician, Upper Township, Department of Recreation and Public Health, removal, effective July 29, 2022, on charges of inability to perform duties, incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty and misuse of public property. 

 

Recommendation of the Administrative Law Judge – Uphold the removal.    

 

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

 

A-5    CHAD TRACY – CSC DOCKET NOS. 2019-458 AND 2019-1962 (CONSOLIDATED)

 

Chad Tracy, Senior Correctional Police Officer, Albert C. Wagner Youth Correctional Facility, Department of Corrections, 75 working day suspension and removal, effective January 24, 2019, 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.

  

SECTION B – MISCELLANEOUS MATTERS

 

B-1    STEVEN ALI – CSC DOCKET NO. 2023-1955

 

Steven Ali appeals his score on the promotional examination for Battalion Fire Chief (PM3390C), Paterson.

 

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

 

B-2    R.B. – CSC DOCKET NO. 2023-2065

 

R.B., represented by Michael L. Prigoff, Esq., appeals his score on the promotional examination for Battalion Fire Chief (PM3390C), Paterson.

 

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

  

B-3    DAVID BIALAS – CSC DOCKET NO. 2023-1995

 

David Bialas appeals his score on the promotional examination for Battalion Fire Chief (PM3380C), Elizabeth.

 

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

 

B-4    STEVEN CRAMPTON – CSC DOCKET NOS. 2023-1351 AND 2023-2227

 

Steven Crampton, represented by Jared E. Drill, Esq., appeals his score on the promotional examination for Battalion Fire Chief (PM3390C), Paterson. The appellant also challenges the provisional appointments of multiple candidates to the subject title.

 

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

 

B-5    ANDRE CRUZ – CSC DOCKET NO. 2023-2025

 

Andre Cruz appeals his score on the promotional examination for Battalion Fire Chief (PM3390C), Paterson.

 

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

 

B-6    ASHLEY CZIKORA – CSC DOCKET NO. 2024-105

 

Ashley Czikora appeals her score on the promotional examination for Clerk 3 (PC2184E), Mercer County Sheriff.

 

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

 

B-7    HERBERT EGGERS, III – CSC DOCKET NO. 2023-2152

 

Herbert Eggers, III appeals his score on the promotional examination for Battalion Fire Chief (PM3390C), Paterson.

 

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

  

B-8    ISAAC FELICIANO – CSC DOCKET NO. 2023-1958

 

Isaac Feliciano appeals his score on the promotional examination for Battalion Fire Chief (PM3390C), Paterson.

 

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

 

B-9    THOMAS GANDER – CSC DOCKET NO. 2023-2133

 

Thomas Gander appeals his score on the promotional examination for Battalion Fire Chief (PM3390C), Paterson.

 

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

 

B-10   MICHAEL GUARINO – CSC DOCKET NO. 2023-1951

 

Michael Guarino appeals his score on the promotional examination for Battalion Fire Chief (PM3380C), Elizabeth.

 

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

 

B-11   RYAN HIGGINS – CSC DOCKET NO. 2023-1924

 

Ryan Higgins appeals his score on the promotional examination for Battalion Fire Chief (PM3390C), Paterson.

 

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

 

B-12   JOSEPH MATULLO – CSC DOCKET NO. 2023-1926

 

Joseph Matullo appeals his score on the promotional examination for Deputy Fire Chief (PM5172C), West Orange.

 

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

 

B-13   ALBERT SALINA – CSC DOCKET NO. 2023-2051

 

Albert Salina, represented by Joseph A. Burke, Esq., appeals his score on the promotional examination for Battalion Fire Chief (PM3390C), Paterson.

 

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

 

B-14   MICHAEL SCHERER – CSC DOCKET NO. 2023-1923

 

Michael Scherer appeals his score on the promotional examination for Battalion Fire Chief (PM3390C), Paterson.

 

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

 

B-15   ROBERT TIERNEY – CSC DOCKET NO. 2023-1922

 

Robert Tierney appeals his score on the promotional examination for Battalion Fire Chief (PM3390C), Paterson.

 

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

 

B-16   WALTER TOVAR – CSC DOCKET NO. 2023-1856

 

Walter Tovar appeals his score on the promotional examination for Battalion Fire Chief (PM3390C), Paterson.

 

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

 

B-17   SEAN WASACZ – CSC DOCKET NO. 2023-1969

 

Sean Wasacz appeals his score on the promotional examination for Battalion Fire Chief (PM3380C), Elizabeth.

 

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

 

B-18   COREY JOHNSON – CSC DOCKET NO. 2023-2916

 

Corey Johnson requests a retest of the physical performance portion of the examination for Fire Fighter (M2248D), Mount Laurel Fire District #1.

 

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

 

B-19   DOUGLAS STARK, ET AL. – CSC DOCKET NOS. 2023-2900, ET AL.

 

Douglas Stark, Naveed Syed and Michael Tarulli appeal the examination for Correctional Police Major (PS0527I), Department of Corrections.

 

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

  

B-20   JONAH KOZMA – CSC DOCKET NO. 2024-911

 

Jonah Kozma requests reconsideration of In the Matter of Jonah Kozma (Chair/CEO, decided October 5, 2023) which upheld the determination of the Division of Agency Services that the proper classification of his position with the Vineland Developmental Center is Head Grounds Worker.  The appellant seeks a Superintendent of Institutional Grounds classification.

 

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

 

B-21   T.H. – CSC DOCKET NO. 2023-2765

 

T.H., a former Director 1, Education with the Juvenile Justice Commission, appeals the determination of the Chief Ethics and Compliance Officer, which found sufficient evidence that the appellant had violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.

 

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

 

B-22   R.W. – CSC DOCKET NO. 2024-819

 

R.W., a Police Officer with Union Beach, represented by Christopher A. Gray, Esq., petitions the Civil Service Commission for interim relief of his indefinite suspension without pay.

 

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

 

B-23   WORKING TEST PERIOD PILOT PROGRAM, ATLANTIC COUNTY – CSC DOCKET NO. 2024-974

 

The New Jersey Association of Counties, on behalf of member organizations, requests the establishment of a pilot program for Atlantic County, allowing for the duration of the local government employee working test period to be extended consistent with the duration of the State government employee working test period.

 

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

  

PUBLIC PORTION

 

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