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Meeting Minutes of March 7, 2000
Janice Mitchell Mintz, Chairwoman
Alan Dexter Bowman
Margaret E. L. Howard
Judith L. Shaw
Leo R. Vartan
A regular meeting of the Merit System Board was held on
Tuesday, March 7, 2000 in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz; Merit System
Board Members, Alan Dexter Bowman, Margaret E. L. Howard, Judith
Shaw, Leo R. Vartan, Andrea Grundfest, Deputy Attorney General;
and Henry Maurer, Director.
In accordance with L.1975, c.231, Janice Mitchell Mintz,
Chairwoman, Merit System Board, 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 8, 1999, and posted at the Department of
Personnel, 3 Station Plaza, Trenton, New Jersey.
All other actions were by unanimous vote unless otherwise
specified.
State
The Merit System Board approved the recommended changes in the
State Classification Plan, copies of which are attached hereto
and made a part hereof.
DATE: February 23, 2000
TO: Janice Mitchell Mintz, Commissioner
Henry S. Maurer, Director
Merit System Practices and Labor Relations
FROM: Marjorie A. Schwartz, Director
Human Resources Management
SUBJECT: Change in the Compensation Plan
DEPARTMENT OF STATE
The Department of State has requested an upward range
reevaluation for the title of Coordinator of Records, Rules
Promulgation, Office of Administrative Law.
The existing evaluation was reviewed to determine appropriateness
given the duties and responsibilities. The results indicate that
the current evaluation should be revised slightly, resulting in
an upward range evaluation. Thus, we support the Department of
State's request for a one (1) range salary increase.
CHANGE IN SALARY RANGE
Effective: 10/09/99
FROM:
Coordinator of Records, Rules Promulgation, OAL
P20-36304 C NL
TO:
Coordinator of Records, Rules Promulgation, OAL
P21-36304 C NL
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing
calendar:
Carmensita Del Valle, Police Officer, City of Newark, suspension.
Kathleen Jones, Graduate Nurse, Montclair State College,
suspension.
Ronald Pohill, Police Officer, City of Newark, suspension.
Arthur Rogers, Senior Building Maintenance Worker, County of
Mercer, suspensions.
John Small, Juvenile Detention Officer, County of Hudson,
suspension.
DISMISSAL OF APPEALS - FAILURE TO APPEAR
The Merit System Board dismissed the following cases without
prejudice for failure to appear at the scheduled hearing before
the Office of Administrative Law, with the exception of the
matter of James E. Wilson:
Brian Camp, Senior Correction Officer, Department of Corrections,
New Jersey State Prison, suspension.
Saralyn McQueen, Secretarial Assistant Typing, City of Newark,
suspension.
James E. Wilson, Senior Correction Officer, Department of
Corrections, New Jersey State Prison, suspension.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Milton Boyd
Northern State Prison - Department of Corrections
Suspension
In the Matter of Marian Davis
County of Essex
Suspension
In the Matter of William Deglman
County of Hunterdon
Removal
In the Matter of Sharon Gooch
Bergen County (Bergen Pines County Hospital)
Removal
In the Matter of Tony Pelosi, III
William Paterson University of New Jersey
Removal
In the Matter of Tarachan Seepaul
Jersey City School District
Suspension
In the Matter of David Sussman
Township of Lakewood
Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE
CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the
settlements with the exception of David Sussman.
A-2 PAULINE LEE
Pauline Lee, Senior Building Maintenance Worker, New Jersey
City University, release at the end of the working test
period due to unsatisfactory services.
Recommendation of the Administrative Law Judge - Uphold the
release at the end of the working test period.
ACTION: The Merit System Board modified the Administrative
Law Judge's recommendation to grant 15 days back
pay and uphold the release at the end of the
working test period.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (No)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo Vartan (Yes)
A-3 SHARON MCLEAN-JAMES
Sharon McLean-James, Senior Corrections Officer, New Jersey
State Prison, Department of Corrections, suspension for 10
days, on charges of neglect of duty, loafing, idleness or
willful failure to devote attention to tasks which could
result in danger to persons or property and violation of
administrative procedures and/or regulation involving safety
and security.
Recommendation of the Administrative Law Judge - Modify the
10 day suspension to a five day suspension.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-4 AGNITTA RICHARDSON
Agnitta Richardson, Nurse Aide, John L. Montgomery Medical
Home, County of Monmouth, suspension for 15 days, on charges
of violation of resident's rights to a safe environment and
personal care in a timely manner, failure or neglect to
perform official duty, failure, neglect, or disobedience to
the lawful and/or reasonable order given by a superior and
insubordination.
Recommendation of the Administrative Law Judge - Uphold the
suspension.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-5 ADAM BURKE
Adam Burke, Police Officer, Police Department, Township of
Weehawken, removal effective June 20, 1995, on charges of
violating provisions of the Weehawken Police Department's
Rules and Regulations and conduct unbecoming a public
employee.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-6 MARIE RUGGIERO
Appeal of Marie Ruggiero, Administrative Secretary, North
Brunswick Free Library, layoff effective June 2, 1998 for
reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Dismiss
the appeal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-7 RAYMOND MAGLIACANO
Raymond Magliacano, Field Investigator, Division of
Taxation, Department of Treasury, removal effective June 20,
1995, on charges of incompetency, inefficiency, and conduct
unbecoming a public employee.
Recommendation of the Administrative Law Judge - Dismiss the
appeal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-8 MICHAEL THOMAS
Michael Thomas, Laborer, City of Trenton, Public Works
Department, removal effective August 28, 1997, on charges of
failure to comply with required enrollment in Mercer
Employee's Assistance Program.
Recommendation of the Administrative Law Judge - Reverse the
removal.
ACTION: The Merit System Board directed that this matter
be held over.
A-9 ROBERT COLLINS AND THOMAS CAHILL
Robert Collins, Police Officer, Beach Haven Borough, removal
effective March 4, 1997, on charges of conduct unbecoming a
public employee and conducted unethical and illegal
activities while on duty. Thomas Cahill, Police Officer,
Beach Haven Borough, removal effective March 4, 1997, on
charges of conduct unbecoming a public employee. The Merit
System Board at its meeting of February 23, 2000, directed
that this matter be held over.
Recommendation of the Administrative Law Judge - Uphold the
removals.
ACTION: The Merit System Board directed that this matter
be held over.
A-10 JENNIFER D. TOWLER - SETTLEMENT
Initial resignation not in good standing effective April 1,
1999, on charges of being absent from duty for five or more
consecutive days without the approval of her supervisor.
Settled to a resignation in good standing. The Merit System
Board at its meeting of February 8, 2000, directed that this
matter be held over for receipt of a letter of
clarification.
Recommendation of the Administrative Law Judge - Settlement
ACTION: The Merit System Board acknowledged the
settlement.
A-11 JOHN HUNT
John Hunt, Business Manager, Fire Department (District #1),
Woodbridge Township, layoff effective May 20, 1996, for
reasons of economy and efficiency. The Merit System Board at
its meeting of February 23, 2000, directed that this matter
be held over.
Recommendation of the Administrative Law Judge - Uphold the
layoff.
ACTION: The Merit System Board directed that this matter
be held over.
SECTION B - MISCELLANOUS MATTERS
B-1 WILLIAM MASCUCH
William Mascuch, represented by Edward C. Bertucio, Jr.,
Esq., appeals his rejection as a Sheriff's Officer candidate
by the County of Monmouth and its request to remove his name
from the subject eligible list on the basis of psychological
unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal
be denied.
B-2 SEAN HARTMAN
Sean Hartman appeals the request by Passaic County to remove
his name from the Juvenile Detention Officer (S9999W)
eligible list for medical unfitness to effectively perform
the duties of the position.
ACTION: The Merit System Board directed that this appeal
be denied.
B-3 TAMEKA SULTON
Tameka Sulton appeals her rejection as a County Correction
Officer candidate by Salem County and its request to remove
her name from the eligible list for County Correction
Officer on the basis of medical unfitness to perform
effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal
be granted.
B-4 CAMILLO A. VITALE
Camillo A. Vitale appeals his rejections both as a County
Correction Officer and Sheriff's Officer candidate by
Middlesex County and its request to remove his name from
these eligible lists on the basis of medical unfitness to
perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal
be denied.
B-5 CAROL BENNETT
Carol Bennett, a former Senior Correction Officer at East
Jersey State Prison, Department of Corrections, appeals the
denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be granted.
B-6 JOSEPH CONNORS
Joseph Connors, a Repairer at Ancora Psychiatric Hospital,
Department of Human Services, represented by Howard J.
Heald, Esq., appeals the denial of sick leave injury (SLI)
benefits.
ACTION: The Merit System Board directed that this appeal
be granted in part.
B-7 JOHN LOHNES
John Lohnes, a former Bridge Operator with the Department of
Transportation, represented by Christopher Brian Leitner,
Esq., appeals the denial of sick leave injury (SLI)
benefits.
ACTION: The Merit System Board directed that this appeal
be granted.
B-8 SUSAN ROGERS
Susan Rogers, an Administrative Assistant 3 with the Office
of Administrative Law appeals the denial of sick leave
injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be granted.
B-9 VERONICA SELBY
Veronica Selby, a Therapy Program Assistant with the
Vineland Developmental Center, represented by Robert G.
Malestein, Esq., appeals the denial of sick leave injury
(SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-10 LEONARD DAVIS
Leonard Davis, a former Correction Sergeant with Riverfront
State Prison, Department of Corrections, petitions the Merit
System Board for relaxation of the rule governing the one-
year limit for the award of SLI benefits in regard to his
continuing disability.
ACTION: The Merit System Board directed that this request
be denied.
B-11 WALTER HOLLAND
Walter Holland, a Senior Correction Officer at the Adult
Diagnostic and Treatment Center, Department of Corrections,
appeals the decision of the Director, Equal Employment
Division, Department of Corrections, which found that he
failed to present sufficient evidence to establish that he
had been discriminated against on the basis of his race or
that he was a victim of retaliation.
ACTION: The Merit System Board directed that this appeal
be denied.
B-12 EDWARD BANOFF
Edward Banoff, represented by Eric J. Goodman, Esq., appeals
the decision of Human Resource Information Services which
found that the appointing authority had presented a
sufficient basis to remove his name from the eligible list
for Fire Fighter (M1517M), West New York on the basis of
falsification of a preemployment application.
ACTION: The Merit System Board granted a hearing.
B-13 MICHAEL R. GREENE
Michael R. Greene appeals the decision of Human Resource
Information Systems which upheld his bypass on the list for
County Correction Officer (C0452S), Essex County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-14 BARBARA B. COMFORT
Barbara B. Comfort appeals the decision of Human Resource
Information Services which states that her name would not be
included on the December 2, 1999, certification of the
Coordinator, DMV (PS2460T) eligible list, but would be added
for future certifications.
ACTION: The Merit System Board directed that Barbara B.
Comfort's and Stephen Torres' names be added to
the December 2, 1999 certification.
B-15 ANTHONY GIANNACIO
Anthony Giannacio, a Senior Sewage Plant Operator with the
Township of Hamilton represented by Kenneth J. Mucha, AFSCME
Local 2475, petitions the Merit System Board to reconsider
its final decision dismissing his appeal without prejudice
based on his failure to pursue.
ACTION: The Merit System Board denied the request.
B-16 MECHANIC, FIRE APPARTUS (M0206O), TOWN OF KEARNY
The appointing authority request permission not to make an
appointment from the certification for Mechanic, Fire
Apparatus (M0206O), Town of Kearny.
ACTION: The Merit System Board granted the request but
assessed costs.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo Vartan (Abstained)
B-17 PUBLIC HEALTH INVESTIGATOR (M04320), TOWN OF KEARNY
The appointing authority requests permission not to make an
appointment from the certification for Public Health
Investigator (M04320), Town of Kearny.
ACTION: The Merit System Board granted the request but
assessed costs.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo Vartan (Abstained)
B-18 KEVIN HALL
The City of Camden (City), represented by Caryl M. Amana,
Esq., requests a stay of the final decision, In the Matter
of Kevin Hall (MSB, decided April 20, 1999), pending its
appeal to the Superior Court, Appellate Division.
Additionally, Kevin Hall, represented by Timothy J.P.
Quinlan, Esq., requests enforcement of the decision which
modified the City's imposition of a removal to a 15-day
suspension.
ACTION: The Merit System Board denied the request for a
stay and granted the request for enforcement.
B-19 DERRICK GREEN
The appeal of Derrick Green, a Laborer with the Township of
Willingboro, represented by Barbara E. Reifberg, Esq.,
concerning his removal, effective August 10, 1998, was heard
by Administrative Law Judge Joseph Lavery (ALJ), who
rendered his initial decision on December 13, 1999,
acknowledging the settlement of the parties.
ACTION: The Merit System Board remanded this matter to the
Office of Administrative Law.
B-20 VALORIE EALY
Valorie Ealy, a former Principal Clerk Typist with the
Department of Law and Public Safety, represented by Jesse J.
Averhart, Executive Vice President, CWA Local 1033, requests
that the Merit System Board reinstate her to her former
position since she was removed from her position without due
process.
ACTION: The Merit System Board denied the request for
reinstatement.
B-21 JOINT ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST -
HARRY J. MURRAY V. DEPARTMENT OF TRANSPORTATION
Administrative Law Judge (ALJ) Jeff S. Masin issued an order
of consolidation and predominant interest in which he
consolidated the Merit System Board and Executive Commission
on Ethical Standards (Executive Commission) matters and
found that the Executive Commission had the predominant
interest. This joint order is now submitted to the Board for
consideration and approval.
ACTION: The Merit System Board adopted the order of
consolidation and predominant interest.
VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo R. Vartan (Yes)
B-22 IBRAHIM ABDUL-HAQQ
The appeal of Ibrahim Abdul-Haqq, a Fire Fighter with the
city of Newark, of his 20-day suspension beginning October
26, 1994, and removal effective November 22, 1996, both on
charges, was heard by Administrative Law Judge Diana C.
Sukovich (ALJ), who rendered her initial decision on
December 16, 1999. At its meeting on February 1, 2000, the
Merit System Board adopted the recommendation of the ALJ to
uphold the 20-day suspension and to modify the removal to a
six-month suspension. However, the Board did not adopt the
ALJ's recommendation not to award back pay. Rather the
Board awarded the appellant back pay, benefits and seniority
for the period following his six-month suspension to the
date of actual reinstatement. The proposed final decision
is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo R. Vartan (Yes)
B-23 WILLIAM BROPHY
The appeal of William Brophy of his removal from the open-
competitive list for Investigator Sergeant, Penal
Institution (C0614S), Camden County was heard by
Administrative Law Judge Anthony T. Bruno (ALJ), who
rendered his initial decision on December 9, 1999. At its
meeting on February 1, 2000, the Merit System Board adopted
the recommendation of the ALJ to remove the appellant's name
from the subject eligible list. The proposed final decision
is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo R. Vartan (Yes)
B-24 RALPH CIOFFI
The appeal of Ralph Cioffi, a Hudson County Police
Lieutenant, of his removal, effective September 16, 1996 on
charges, was heard by Administrative Law Judge Stephen G.
Weiss (ALJ), who rendered his initial decision on August 23,
1999. At its meeting on February 1, 2000, the Merit System
Board adopted the ALJ's recommendation that the removal be
reversed. The proposed final decision is now submitted for
the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo R. Vartan (Yes)
B-25 DONNELL DAVIS
The appeal of Donnell Davis, a Youth Worker at Woodbridge
Child Diagnostic and Treatment Center, Department of Human
Services, of his removal effective September 17, 1998, on
charges of physical abuse of a resident, was heard by
Administrative Law Judge M. Kathleen Duncan (ALJ), who
rendered her initial decision on October 4, 1999. The ALJ
found that the appellant committed inappropriate physical
contact or mistreatment of a resident and recommended that
the removal be modified to a 90-day suspension. At its
meeting on February 1, 2000, the Merit System Board adopted
the recommendation of the ALJ. The proposed final decision
is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo R. Vartan (Yes)
B-26 PATRICIA FOUNTAIN
The appeal of Patricia Fountain, a Senior Investigator with
the Department of Corrections, of her demotion to Senior
Correction Officer on charges, was heard by Administrative
Law Judge Robert S. Miller (ALJ), who rendered his initial
decision on October 22, 1999. At its meeting on February 1,
2000, the Merit System Board adopted the recommendation of
the ALJ to uphold the demotion. The proposed final decision
is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo R. Vartan (Yes)
B-27 JENNIFER JONES
The appeal of Jennifer Jones, County Correction Officer,
Burlington County Jail, of her removal effective June 26,
1998 on charges, was heard by Administrative Law Judge John
R. Futey (ALJ), who rendered his initial decision on
December 3, 1999. At its meeting on February 1, 2000, the
Merit System Board did not adopt the ALJ's recommendation to
uphold the removal. Rather, the Board determined that the
removal be reversed. The proposed final decision is now
submitted for the Board's review.
ACTION: The Merit System Board directed that this matter
be held over.
VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo R. Vartan (Yes)
B-28 PHILIP MARTONE
The appeal of Philip Martone, Superintendent of Recreation,
Town of Kearny, suspension for four months on charges, was
heard by Administrative Law Judge Ken R. Springer, who
rendered his initial decision on December 20, 1999. The
Merit System Board, at its meeting on February 1, 2000,
adopted the recommendation of the ALJ to modify the four-
month suspension to a 30-day suspension. The proposed final
decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo R. Vartan (Abstained)
B-29 PHILLIP MONTGOMERY
The appeal of Phillip Montgomery, a Senior Date Entry
Machine Operator with the Department of the Treasury, of his
removal effective July 10, 1998 on charges, was heard by
Administrative Law Judge Kathryn A. Clark (ALJ), who
rendered her initial decision on December 14, 1999. At its
meeting on February 1, 2000, the Merit System Board adopted
the ALJ's recommendation to uphold the removal. The
proposed final decision is now submitted for the Board's
review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo R. Vartan (Yes)
B-30 THOMAS WALLACE
The appeal of Thomas Wallace, a County Correction Officer,
Cumberland County concerning his removal effective June 5,
1998 on charges, was heard by Administrative Law Judge John
R. Tassini (ALJ), who rendered his initial decision on
November 18, 1999. The Merit System Board, at is meeting on
February 1, 2000, did not affirm the ALJ's recommendation to
uphold the removal. Rather, the Board found that the
appropriate outcome is a resignation in good standing. The
proposed final decision is now submitted for the Board's
review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo R. Vartan (Yes)
B-31 MARIE J. BRUNOT
The appeal of Marie J. Brunot, a Nurse's Aide at the John L.
Montgomery Medical Home, Monmouth County, of her 30-day
suspension beginning July 28, 1999 on charges, was heard by
Administrative Law Judge Solomon A. Metzger (ALJ), who
rendered his initial decision on January 4, 2000. At its
meeting on February 8, 2000, the Board did not accept the
ALJ's recommendation to modify the penalty to a 20-day
suspension. Rather, the Board upheld the 30-day suspension.
The proposed final decision is now submitted for the Board's
review.
ACTION: The Merit System Board adopted the final decision.
B-32 TOMMIE FARRIOR
The appeal of Tommie Farrior, a County Correction Sergeant
with Burlington County regarding his removal effective
February 5, 1999 on charges, was heard by Administrative Law
Judge Jeff S. Masin, who rendered his initial decision on
January 6, 2000, modifying the removal to a 30-day
suspension. At its meeting on February 8, 2000, the Merit
System Board (Board ordered that the matter be remanded to
the Office of Administrative Law. The proposed decision is
now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-33 WILLIAM FRANKO
The appeal of William Franko, Classification Officer 3,
Garden State Youth Correctional Facility, Department of
Corrections, of his 15-day suspension on charges, was heard
by Administrative Law Judge John R. Futey (ALJ), who
rendered his initial decision on September 30, 1999. At its
meeting on February 8, 2000, the Board did not accept the
ALJ's recommendation to uphold the 15-day suspension.
Rather, the Board modified the penalty to a five-day
suspension. The proposed final decision is now submitted
for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-34 ROBERT JOHNSON
The appeal of Robert Johnson, a Senior Correction Officer at
the Adult Diagnostic and Treatment Center, Department of
Corrections, of his removal effective January 26, 1999 on
charges, was heard by Administrative Law Judge Kathryn A.
Clark (ALJ), who rendered her initial decision on December
29, 1999 upholding the appellant's removal. At its meeting
on February 8, 2000, the Board did not adopt the ALJ's
recommendation. Rather, the Board imposed a six-month
suspension. The proposed final decision is now submitted
for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-35 WAYNE MARK SMITH
The appeal of Wayne Mark Smith, a Police Sergeant, Millville
Police Department, concerning his suspension for 15 days
beginning March 7, 1999 on charges, was heard by
Administrative Law Judge Jeff S. Masin (ALJ), who rendered
his initial decision on December 29, 1999. However, the
Merit System Board, at its meeting on February 8, 2000, did
not adopt the recommendation of the ALJ to modify the 15-day
suspension to a 10-day suspension. Rather, the Board
ordered that this matter be remanded to the Office of
Administrative Law. The proposed decision is now submitted
for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-36 CAROL M. BREE
Carol M. Bree appeals the decision of the Division of
Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Administrative Analyst 1 (PS3896H), Department of Health and
Senior Services.
ACTION: The Merit System Board directed that this appeal
be denied.
B-37 BRYAN J. DICKERSON
Bryan J. Dickerson appeals the determination of the Division
of Selection Services which found that he did not meet the
experience requirements for the promotional examination for
Administrative Analyst (PM0975A), Brick Township.
ACTION: The Merit System Board directed that this appeal
be granted.
B-38 CRYSTAL E. FISHER
Crystal E. Fisher appeals the determination of the Division
of Selection Services, which found that she did not meet the
experience requirement for the promotional examination for
Classification Officer 1 (PS6318I), Department of
Corrections.
ACTION: The Merit System Board directed that this appeal
be denied.
B-39 DEBRA A. GRILLO
Debra A. Grillo appeals the determination of the Division of
Human Resource Management which found that she was
ineligible for the promotional examination for Supervising
Clerk (PM1979W), City of Elizabeth.
ACTION: The Merit System Board directed that this appeal
be denied.
B-40 GREGORY M. MCDONOUGH
Gregory M. McDonough appeals the determination of the
Division of Selection Services, which found that he did not
meet the experience requirements for the promotional
examination for Chief, Bureau of Inspection and Aircraft
Operations (PS8594T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal
be granted.
B-41 CYNTHIA A. MCNELLIS-EBERWINE
Cynthia A. McNellis-Eberwine appeals the determination of
the Division of Selection Services, which found that she did
not meet the requirements for the promotional examination
for Senior Program Monitor (PC6692W) Atlantic County.
ACTION: The Merit System Board directed that this appeal
be granted.
B-42 MARIA PERRY
Maria Perry appeals the determination of the Division of
Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Deputy Municipal Court Administrator (PM0996A), Borough of
South Plainfield.
ACTION: The Merit System Board directed that this appeal
be granted.
B-43 FRANK M. STIA
Frank M. Stia appeals the determination of the Division of
Selection Services, which found that he did not meet the
experience requirement for the promotional examination for
Manager 2, Department of Transportation (Traffic
Engineering) (PS5689T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal
be denied.
B-44 FRANCIS E. WILD, JR.
Francis E. Wild, Jr. appeals the decision of the Division of
Selection Services which found that he did not meet the
experience requirements for the promotional examination for
Truck Driver Heavy (PM4319V), Perth Amboy Department of
Public Works.
ACTION: The Merit System Board directed that this appeal
be denied.
B-45 STEPHEN M. HORNYAK
Stephen M. Hornyak requests reconsideration of the prior
decision of the Merit System Board, In the Matter of Louis
J. Williamson, et al., Deputy Police Chief (PM3637V),
Trenton (decided May 18, 1999), which affirmed his and three
other appellants' scores and ranking on the promotional
examination for Deputy Police Chief (PM3637V), Trenton,
ACTION: The Merit System Board denied the request for
reconsideration.
B-46 WILLIAM N. ROGERS
William N. Rogers appeals his score and rank on the
promotional examination for Supervisor, Employment and
Training Programs (PS4977N), Department of Labor.
ACTION: The Merit System Board directed that this appeal
be denied.
B-47 FRANK M. STIA
Frank M. Stia appeals the determination of the Division of
Selection Services, concerning his score and ranking on the
promotional list for Chief, Bureau of Materials
Transportation (PS5786T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal
be denied.
B-48 ANTHONY D. CHELL
Anthony D. Chell appeals the determination of the division
of Selection Services which found that he failed to achieve
a passing score on the Sales Representative 2 State Lottery
(PS6616U) promotional examination.
ACTION: The Merit System Board directed that this appeal
be denied.
B-49 EVETTE COLON-STREET
Evette Colon-Street appeals the determination of the
Division of Selection Services which found that she failed
to achieve a passing score on the Program Development
Specialist 1 Bilingual in Spanish/English (S0470A) open
competitive examination.
ACTION: The Merit System Board directed that this appeal
be denied.
B-50 PAUL W. KURZEN
Paul W. Kurzen appeals the determination of the Division of
Selection Services which found that he failed to achieve a
passing score on the Sales Representative 2 State Lottery
(PS6616U) promotional examination.
ACTION: The Merit System Board directed that this appeal
be denied.
B-51 ARTHUR C. SNELLBAKER, SR.
Arthur C. Snellbaker, Sr., appeals his score on the
promotional examination for Police Chief (PM0263W), Atlantic
City.
ACTION: The Merit System Board directed that this appeal
be denied.
B-52 JOHN CALABRESE
John Calabrese appeals the decision of the Division of
Selection Services which found that appellant was not
permanent in a title to which the examination was open for
Senior Painter (PC1464W), Camden County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-53 RHONDA COOKE-ROBERTS
Rhonda Cooke-Roberts appeals the decision of the Division of
Selection Services which found that she was not permanent in
the competitive division as of the closing date for the
examination for Principal Clerk Typist (PM10929W), Newark.
ACTION: The Merit System Board directed that this appeal
be denied.
B-54 MARY ANN HORNE
Mary Ann Horne appeals the decision of the Division of
Selection Services which found that she was not permanent in
a title to which the examination was open for Youth Worker
Supervisor (PC0919W), Mercer County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-55 MONICA JOHNSON
Monica Johnson appeals the decision of the Division of
Selection Services which found that she was not permanent in
the competitive division as of the closing date for the
examination for Principal Clerk Typist (PM1029W), Newark.
ACTION: The Merit System Board directed that this appeal
be denied.
B-56 MARCIA SMITH
Marcia Smith appeals the decision of the Division of
Selection Services which found that she was not permanent in
a title to which the examination was open for Income
Maintenance Worker (PC1014W), Salem County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-57 VINCENT CAPPETTA, ET AL.
Vincent Cappetta and Nicholas Krentz, (PM1104W) Belleville;
Roy Bortolus, James Dalton and Stephen Ferraro (PM1107W)
Fort Lee; George King, Jr. and Eward Rygiel, (PM1110W)
Kearny; Bruce Marcinczyk (PM1120W) Sayreville; Robert
Merkler, (PM1122W) South Plainfield; John Santa Maria,
represented by Larry Holtz, Esq., (PM1126W) West New York;
Ronald Borgo, Kevin Morgan and Ronald Sepe, (PM1130W) East
Orange; James Storms, represented by Larry Holtz, Esq.,
Michael Peckerman, Fred Bol and Alan Lawrence, (PM1388W)
Parsippany-Troy Hills; appeal the written examination for
Police Captain (various jurisdictions).
ACTION: The Merit System Board directed that these appeals
be denied.
B-58 ROCCO NOVELLINO, ET AL.
Rocco Novellino and John Weinlein, (PM1346W) Berkley
Township; Richard Di Renso, Keith Johnson, Robert Turner and
Kevin Vallen, (PM1348W) Camden City; James Kostoplis,
represented by Larry Holtz, Esq., (PM1353W) Hamilton
Township; Mark Comptello, James Fitzsimmons, Daniel Lobue,
Timothy McCourt, and John Picurro, represented by Larry
Holtz, Esq., (PM1356W) Hoboken; Kevin Sherwood, (PM1366W)
Rahway, Kenneth LaVerne, (PM1369W) South Plainfield; Earl
Thomas (PM1373W) Weehawken; James McKenna and Alexander
Sofiankos, (PM1451W) Elizabeth; Brian Amantia, represented
by Larry Holtz, Esq., John Kemler, Thomas Murphy and Donald
Waters, (PM1622W) Trenton; appeal the written examination
Police Lieutenant (various jurisdictions).
ACTION: The Merit System Board directed that these appeals
be denied.
B-59 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of February
23, 2000 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its
meeting of February 23, 2000.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo R. Vartan (Yes)
B-60 BESSIE HAYNES
Bessie Haynes, a former Head Cook 2 with the New Jersey
Veterans Memorial Home at Menlow Park, Department of
Military and Veterans' Affairs, represented by Jenna
Gledhill-Huff, CWA, Local 1040, appeals the denial of sick
leave injury (SLI) benefits
ACTION: The Merit System Board directed that this appeal
be denied.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo R. Vartan (Yes)
B-61 DIANE RAPPA-BLACKER
Diane Rappa-Blacker, a Family Service Specialist 2 with the
Division of Youth and Family Services, Department of Human
Services, appeals the denial of sick leave injury (SLI)
benefits. This matter was held over from the February 8,
2000 meeting for further review.
ACTION: The Merit System Board directed that this appeal
be denied.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo R. Vartan (Yes)
B-62 CORRECTION LIEUTENANT, DEPARTMENT OF CORRECTIONS
The New Jersey Law Enforcement Supervisors Association,
represented by Robert B. Reed, Esq., on behalf of Correction
Sergeants with the Department of Corrections (DOC), and
Sherree K. Culvert, a Correction Sergeant with the DOC,
represented by Kendall Collins, Esq., petition the Merit
System Board for a stay of appointments made by the DOC from
the list for Correction Lieutenant (PS6320I).
ACTION: The Merit System Board denied the request for a
stay.
B-63 EARLY SETTLEMENTS
Jerry M. Conti
Mercer County
6-day suspension
Charles DeLoatch
New Jersey Department of Corrections
Removal
Paul Dennis
Mountainview Youth Correctional Facility
Department of Corrections
Removal
Rosemary Duda
Department of Corrections
6-day suspension
Lillian Foster
Department of Transportation
Settled to a 4-day suspension
Lawrence Travis
Hudson County Public Works
Suspensions and fine
ACTION: The Merit System Board acknowledged the
settlements.
There being no further business before the Merit System Board,
the meeting was adjourned to convene on Tuesday, March 21, 2000,
at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
__________________________________
JANICE MITCHELL MINTZ
CHAIRWOMAN
MERIT SYSTEM BOARD |
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© State of New Jersey
Civil Service Commission |
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