Lewis A. Scheindlin, Acting Commissioner 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, May 9, 2000, in Trenton, New Jersey.
PRESENT: Acting Commissioner Lewis A. Scheindlin; Merit System Board Members, Alan Dexter Bowman, Judith L. Shaw and Leo Vartan; Andrea Grundfest, Deputy Attorney General; Henry Maurer, Director, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, Acting Commissioner Lewis A. Scheindlin, 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 recorded the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof with the exception of SES Positions at the Department of Community Affairs, which were held over.
DATE: March 28, 2000
TO: Janice Mitchell Mintz, Commissioner Department of Personnel
Henry Maurer, Director Merit System Practices and Labor Relations
FROM: Marjorie Schwartz, Director Division of Human Resource Management
SUBJECT: Change in the State Classification Plan
The Department of Labor is requesting that the following job functions be reallocated to the Senior Executive Service.
Your approval of the reallocation for the following position numbers from the career service to the Senior Executive Service is recommended. A review of the assigned job functions has been conducted and the position meets the standard established for inclusion in the Senior Executive Service.
Reallocation of Service
Effective Date: November 6, 1999
FROM: 048134, Chief of State Plan, Disability Benefits (M32-64986)
TO: 048134, Senior Executive Service (M98-90752)
FROM: 047985, Chief of Private Plan, Disability Benefits (M32-64997)
TO: 047985, Senior Executive Service (M98-90752)
Both positions are located in the Division of Temporary Disability Insurance. The mission of the Division of Temporary Disability Insurance is to receive, adjudicate and pay claims for temporary disability insurance if appropriate. The positions function as Assistant Director for their respective areas of operation. Both positions receive only general policy guidance from the Director, Disability Insurance Services and have the freedom to prioritize functions, allocate resources and establish goals and objectives.
Justification - Position Number 048134
The incumbent, functions as Assistant Director for State Plan Operations, and prepares the State Plan Operations' budget of $16 million and monitors the distribution of these funds. The incumbent oversees the allocation of resources and controls the utilization of staff. Additionally, the incumbent must ensure that appropriate steps are taken to protect against waste, fraud and abuse.
The Assistant Director for State Plan directs an operation that is responsible for the determinations of approximately 160,000 new claims per year and the annual distribution of over $310 million in disability benefits.
Justification - Position Number 047985
As Assistant Director for Private Plan Operations, the incumbent of this position directs Private Plan operations in the Division of Temporary Disability Insurance. Private plan insurance involves the approval, modification, maintenance and termination of private insurance plans for temporary disability benefits which employees procure as an alternative to participating in the State Plan. The Assistant Director Private Plan prepares the Private Plan Operations budget of $7 million and monitors the distribution of these funds.
The Assistant Director for Private Plan is responsible for the oversight of the administration of 4,600 approved private plans that cover over 600,000 workers. The position oversees and directs the operations of the Private Plan Compliance section and the Customer Service section that consists of 96 full-time employees and 5 Intermittent Insurance Clerks. Additionally, the position is responsible for the payment of $20 million annually to 10,000 unemployed disabled workers and over 15,000 customer service calls each week using a combination of agents and the conversant system.
Both positions are currently filled. It is anticipated that the incumbents will move into the Senior Executive Service along with their positions.
DATE: April 10, 2000
TO: Janice Mitchell Mintz, Commissioner Henry Maurer, Director, MSP&LR
FROM: Marjorie Schwartz, Director Division of Human Resource Management
SUBJECT: SES Positions at the Department of Community Affairs
The Department of Community Affairs is requesting that the following job function be reallocated to the Senior Executive Service.
Your approval of the reallocation for the following position number from the career service to the Senior Executive Service is recommended. A review of the assigned job functions has been conducted and the position meets the standards established for inclusion in the Senior Executive Service.
Reallocation of Service
Effective Date: October 24, 1998 From: 042121, Confidential Secretary (X98-24511) To: 042121, Senior Executive Service (M98-90752)
Justification
This position will have substantial managerial, policy influencing and policy executing responsibilities.
This position is currently filled. It is anticipated that the incumbent will move to the Senior Executive Service along with the position.
DATE: April 18, 2000
TO: Janice Mitchell Mintz, Commissioner Department of Personnel
FROM: Marjorie a. Schwartz, Director Human Resource Management
SUBJECT: Change in the Compensation Plan
DEPARTMENT OF LAW AND PUBLIC SAFETY
We are requesting several changes to the title of Fingerprint Operator Trainee, State Police, to bring it in line with the requirements and verbiage of the primary level in this series.
The Fingerprint Operator, State Police title series was revised in 1994. Revisions included changing the verbiage from Fingerprint Operator to Fingerprint Technician and an upward salary reevaluation. Further, the amount of experience required for appointment to the primary level title was increased from six months to one year. It appears the Trainee level was inadvertently omitted from the 1994 Merit System Board decision. At this time, the length of the trainee period must be increased from six months to one year to correspond with the amount of experience required for promotion to the primary level of this series.
CHANGE IN TRAINEE PERIOD Effective: 3/25/00
FROM: Fingerprint Operator Trainee, State Police A99-45010 C 6 Months
TO: Fingerprint Technician Trainee, State Police A99-45010 C One Year
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Francis Anderson, Senior Correction Officer, Department of Corrections, East Jersey State Prison, removal.
Kimm Dunmore, County Correction Officer, County of Union, removal.
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:
Bruce Alford, Laborer Heavy, City of Camden, suspension.
Mark Hawkins, Truck Driver, State Operated School District of the City of Newark, removal.
Nora Smith, Supervising Program Analyst, City of Newark, removal.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of George Arakal Morris County Board of Social Services, Morris County Release at the End of the Working Test Period
In the Matter of Steven Belardo State of New Jersey - Department of State Release at the End of the Working Test Period
In the Matter of Eileen Conklin Morris County Board of Social Services Suspension
In the Matter of Stanley Dixon Mountainview Youth and Correctional Facility - Department of Corrections Removal
In the Matter of Marc Foote Union County Removal
In the Matter of Bonnie Sue Krohn County of Ocean, Transportation and Vehicle Services Suspension
In the Matter of Rosea Leslie County of Essex Suspension
In the Matter of Cheryl Mosley County of Morris Removal
In the Matter of Willie Reed Jersey City School District Removal
In the Matter of Anthony Sartor City of Clifton Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements with the exception of Anthony Sartor, which was held over.
A-2 KENNETH BROWN
Kenneth Brown, Senior Parole Officer, Division of Parole and Community Programs, Department of Corrections, suspension for 15 days, on charges of serious mistake due to carelessness which may result in danger and/or injury to persons or property and loss or careless control of radios, mace or handcuffs.
Recommendation of the Administrative Law Judge - Modify the 15-day suspension to a 4-day suspension.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to uphold the 15- day suspension.
A-3 TONYA L. BROWN
Tonya L. Brown, Correction Officer Recruit, South Woods State Prison, Department of Corrections, release at the end of the working test period effective January 7, 1999, due to unsatisfactory services.
Recommendation of the Administrative Law Judge - Reverse the release at the end of the working test period.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge and granted a 6- month working test period.
A-4 ETHEL GILBERT
Ethel Gilbert, Supervisor Family Service Specialist II, Division of Youth and Family Services, Department of Human Services, released 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 directed that this matter be held over.
A-5 JOSEPH JURKIEWICZ, JR.
Joseph Jurkiewicz, Jr., Maintenance Repairer, Borough of Sayreville, suspension for six months, on charges of conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-6 JAMES J. MILLER, SR.
James J. Miller, Sr., Truck Driver/Stock Handler, County of Atlantic, indefinite suspension, on charges of conduct unbecoming a public employee and actions involving a criminal matter.
Recommendation of the Administrative Law Judge - Dismiss the appeal without prejudice.
ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.
A-7 THOMAS ROONEY
Thomas Rooney, Senior Correction Officer, East Jersey State Prison, Department of Corrections, (1) suspension for ten days and (2) removal effective October 9, 1998, on charges of (1) violation of a rule, regulation, policy, procedure, order, or administrative decision and (2) conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Dismiss the appeals with prejudice.
ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.
A-8 JOHN SCATURRO
John Scaturro, Sheriff's Officer, Middlesex County Sheriff's Department, suspension for 30 days effective July 12, 1999, on charges of insubordination; Duty Responsibilities; Neglect of Duty and Performance of Duty.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-9 HENRY BROWN
Henry Brown, Operating Engineer 1, New Jersey City University, removal effective December 14, 1998, on charges of conduct unbecoming a state employee and neglect of duty.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-10 BRUCE MCBREEN
Bruce McBreen, Lieutenant, Police Department, Township of North Bergen, removal effective November 20, 1995, on charges of inability to perform duties.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a resignation in good standing.
A-11 ROBERT SCANNICCHIO
Robert Scannicchio, Senior Correction Officer, Mountainview Youth Correctional Facility, Department of Corrections, removal effective June 19, 1998, on charges of Other Sufficient Cause, violation of HR Bulletin 84-17 and Safety and Security Precaution D; Improper or Unauthorized Contact with inmate, undue familiarity with inmates, parolees, their families or friends; and Intentional Abuse or Misuse of Authority or Position.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-12 REGINA DRIVER-GREEN - SETTLEMENT
Initial removal effective February 16, 1998, on charges of conduct unbecoming an employee, improper or unauthorized contact with an inmate and undue familiarity with inmates, parolees, their families or friends and conduct unbecoming a public employee. Settled to a resignation in good standing. The Merit System Board at its meeting of April 18, 2000, directed that this matter be held over for receipt of a clarifying letter.
Recommendation of the Administrative Law Judge - Acknowledge the settlement.
ACTION: The Merit System Board acknowledged the settlement.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
A-13 FRANCISCO MARTIN, JR. - SETTLEMENT
Initial resignation not in good standing effective October 31, 1997, on charges of chronic or excessive absenteeism or lateness and inability to perform duties. Settled to a modification of the resignation not in good standing to a 10- day suspension, reinstatement to employment conditioned upon the submission of full written medical and psychological clearance to the Warden, and a lump sum payment in the amount of $2,000. The Merit System Board at its meeting of March 21, 2000, directed that this matter be held over for receipt of a clarifying letter.
Recommendation of the Administrative Law Judge - Acknowledge the settlement.
ACTION: The Merit System Board directed that this matter be held over.
A-14 SERGE MITIAL - SETTLEMENT
Initial removal effective January 23, 1999, on charges of inappropriate physical contact, mistreatment of a patient. Settled to a resignation in good standing effective January 27, 1999. The Merit System Board at its meeting of April 18, 2000, directed that this matter be held over.
Recommendation of the Administrative Law Judge - Acknowledge the settlement.
ACTION: The Merit System Board acknowledged the settlement.
A-15 LAWRENCE COLEN - SETTLEMENT
Initial removal effective May 20, 1998, on charges of incompetency or failure to perform duties, insubordination; conduct unbecoming a public employee, neglect of duty and endangering the welfare of patients. Settled to a modification of the removal to a six month suspension for the charges of inefficiency or failure to perform duties and insubordination. Additionally, the appellant shall be reinstated to his employment and shall receive a lump sum back payment in the amount of $8,000 and shall be provided with health insurance benefits retroactive to January 1, 1999. The Merit System Board at its meeting of February 8, 2000, directed that this matter be held over for receipt of a letter clarifying the terms of the settlement.
Recommendation of the Administrative Law Judge - Acknowledge the settlement.
ACTION: The Merit System Board acknowledged the settlement.
A-16 SHARON GREEN - SETTLEMENT
Initial resignation not in good standing effective August 8, 1997, on charges of an employee who does not return to duty for five or more consecutive business days following an approved leave of absence shall be considered to have abandoned his or her position and shall be recorded as a resignation not in good standing. Settled to a 30 day suspension and return to work after Merit System Board's approval of settlement. The Merit System Board at its meeting of April 4, 2000, directed that this matter be held over.
Recommendation of the Administrative Law Judge - Acknowledge the settlement.
ACTION: The Merit System Board directed that this matter be held over.
A-17 STANFORD STUBBS - SETTLEMENT
Initial removal on charges of conduct unbecoming a pubic employee. Settled to a resignation in good standing. The Merit System Board at its meeting of April 4, 2000, directed
that this matter be held over.
Recommendation of the Administrative Law Judge - Acknowledge the settlement.
ACTION: The Merit System Board acknowledged the settlement.
SECTION B - MISCELLANEOUS MATTERS
B-1 BARRY C. DUFF
Barry C. Duff appeals his rejection as a County Correction Officer candidate by the County of Union 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 MICHAEL LUPKOVICH
Michael Lupkovich appeals his rejection as a Sheriff's Officer candidate by the County of Hudson and its request to remove his name from the subject 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 granted.
B-3 RICHARD A. ELLIS
Richard A. Ellis, represented by Deborah Mains, Esq., appeals his rejection as a police Officer candidate by the City of Camden and its request to remove his name from the eligible list for Police 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 SEAN G. MILLER
Sean G. Miller appeals his rejection as a Police Officer candidate by the city of Camden and its request to remove his name from the eligible list for Police 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-5 VARFEE A. SIRYON, JR.
Varfee A. Siryon, Jr., represented by Thomas M. Murphy, Esq., appeals the request by the City of Newark to remove his name from the Police Officer (S9999V) eligible list for medical unfitness to effectively perform the duties of the position.
ACTION: The Merit System Board directed that this appeal be granted.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-6 MARY MONTGOMERY
Mary Montgomery, a Residential Living Specialist (Mental Health) with Trenton Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-7 MARIA NOMEJKO
Maria Nomejko, a Secretarial Assistant 3 (Non-Stenographic) with the Division of Mental Health Services, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-8 JESSIE ROJAS
Jessie Rojas, a Social Worker 2 with the Mid-State Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-9 TODD SILVERMAN
Todd Silverman, a Senior Correction Officer at East Jersey State Prison, represented by John Cunningham, PBA Local 105, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board granted a hearing.
B-10 MARY SMITH
Mary Smith, a Communications Operator Trainee at Rowan University, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-11 MICHAEL ARCELL
Michael Arcell, represented by Dennis Maycher, 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 Police Officer (M1883M), Harrison on the basis of falsification of a preemployment application.
ACTION: The Merit System Board granted a hearing.
B-12 PIETER DEHAAN, JR.
Pieter DeHaan, Jr., represented by Daniel J. Zirrith, Esq., appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove appellant's name from the Police Officer (M3394X), City of Newark eligible list due to an unsatisfactory driving record and his failure to satisfy the City's residency requirement.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-13 JASON HEARON
Jasson Hearon appeals the determination 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 Aquacultural Developmental Specialist (S6184A), Department of Agriculture for failure to satisfy the experience requirement.
ACTION: The Merit System Board directed that this appeal be denied.
B-14 TALAAT A. KEROLUS
Talaat A. Kerolus appeals the request of the Department of Treasury appointing authority to remove his name from the Auditor Accountant Trainee (S6174A) eligible list based on a claimed inability to communicate effectively in English in order to perform the duties of the position.
ACTION: The Merit System Board granted a hearing.
B-15 BRADLEY LEBLANC
Bradley LeBlanc, represented by Sidney H. Lehmann, Esq., appeals his bypass on the eligible list for Police Officer (M3384X), Lawrence Township.
ACTION: The Merit System Board granted a hearing.
B-16 LEON LEVINE
Leon Levine 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 special reemployment list for Assistant Disability Insurance Supervisor, Department of Labor, on the basis of an unsatisfactory employment record.
ACTION: The Merit System Board directed that this appeal be denied.
B-17 EMAD MICHAEL
Emad Michael appeals the request of the Department of the Treasury appointing authority to remove his name from the Auditor Accountant Trainee (S6174A) eligible list based on a claimed inability to communicate effectively in English in order to perform the duties of the position.
ACTION: The Merit System Board granted a hearing.
B-18 KAREN MICHALSKI
Karen Michalski appeals the determination of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove her name from the eligible list for Aquacultural Development Specialist (S6184A), Department of Agriculture for failure to satisfy the experience requirement.
ACTION: The Merit System Board directed that this appeal be denied.
B-19 EMMANUEL OZURUMBA
Emmanuel Ozurumba appeals the request of the Division of Youth and Family Services, Department of Human Services, to remove his name from the eligible list for Family Service Specialist 3 (S0066O) based on a claimed inability to communicate effectively in English in order to perform the duties of the position.
ACTION: The Merit System Board granted a hearing.
B-20 EMMANUEL OZURUMBA
Emmanuel Ozurumba appeals the request of the Department of the Treasury appointing authority to remove his name from the Investigator 3, Taxation (S1721T) eligible list based on a claimed inability to communicate effectively in English in order to perform the duties of the position.
ACTION: The Merit System Board granted a hearing.
B-21 ASSISTANT SUPERINTENDENT, WEIGHTS AND MEASURES (M6349O), CITY OF BAYONNE
The appointing authority requests permission not to make an appointment from the certification for Assistant Superintendent, Weights and Measures (M6349O), City of Bayonne.
ACTION: The Merit System Board granted the request but assessed partial costs.
B-22 BUDGET EXAMINER (M0676U), TOWNSHIP OF EWING
The appointing authority requests permission not to make an appointment from the certification for Budget Examiner (M0676U), Township of Ewing.
ACTION: The Merit System Board granted the request but assessed costs and a fine.
B-23 DOCKET CLERK (M0824U), CITY OF NEWARK
The appointing authority requests permission not to make an appointment from the certification for Docket Clerk (M0824U), City of Newark.
ACTION: The Merit System Board granted the request but assessed costs.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-24 EXECUTIVE ASSISTANT (C62520O), UNION COUNTY
The appointing authority requests permission not to make an appointment from the certification for Executive Assistant (C6252O), Union County.
ACTION: The Merit System Board granted the request but assessed costs.
B-25 PROGRAM MONITOR (M6670A), CITY OF EAST ORANGE
The appointing authority's failure to properly dispose of the certification for Program Monitor while a provisional appointee is serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing authority to remove the provisional appointee and make an appointment from the certification and pay compliance costs.
B-26 UVALDO CHAVEZ
Uvaldo Chavez, a Clerk with Union City, represented by Louis C. Rosen, Esq., claims that his retirement was the result of duress.
ACTION: The Merit System Board directed that this matter be held over.
B-27 JOHN COLE
John Cole, a Regional Administrator, Community Services, Mental Retardation, Division of Developmental Disabilities, Department of Human Services, represented by David B. Beckett, Esq., petitions the Merit System Board for reconsideration of the decision, rendered on February 23, 2000, which directed that the appeal be withdrawn and that the case be removed from the hearing calendar and considered closed.
ACTION: The Merit System Board granted the request and ordered that the Merit System Board Action of February 23, 2000, withdrawing the appeal be rescinded.
B-28 ANTHONY DILLARD
The Juvenile Justice Commission and the Department of Corrections, represented jointly by Deputy Attorney General John Franzini, petition the Merit System Board (Board) for reconsideration and a stay of the final administrative decision, rendered February 1, 2000, which acknowledged a settlement reached between the DOC and Anthony Dillard. Dillard, represented by Kevin P. McCann, Esq., cross- petitions the Board for enforcement of its February 1, 2000 decision acknowledging the settlement.
ACTION: The Merit System Board granted the request for reconsideration and stay and remanded the matter to the Office of Administrative Law.
VOTE: Lewis A. Scheindlin (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-29 PHILLIP MONTGOMERY
Phillip Montgomery, represented by Jesse J. Averhart, Executive Vice President, CWA Local 1033, petitions the Merit System Board to reconsider its final decision, rendered February 1, 2000, which upheld his removal from his position as a Senior Data Entry Machine Operator with the Department of Treasury effective July 10, 1998, on charges.
ACTION: The Merit System Board denied the request for reconsideration.
B-30 AURORA REEVES
Aurora Reeves, a Customer Service Information Specialist with the Department of Transportation, represented by Jesse J. Averhart, Executive Vice President, CWA Local 1033, petitions the Merit System Board for reconsideration of its December 21, 1999 final administrative decision imposing a 116-day suspension.
ACTION: The Merit System Board denied the request for reconsideration.
B-31 WALTER WALKER
The Department of Corrections requests reconsideration of the Merit System Board decision of October 13, 1999, granting Walter Walker $65,384.09 in back pay.
ACTION: The Merit System Board directed that this matter be held over.
B-32 NASHID BEN ABDUL WASI (REGINALD WILLIAMS)
Nashid Ben Abdul Wasi (Reginald Williams), a County Correction Officer, Essex County Department of Public Safety, represented by Anthony J. Fusco, Jr., Esq., requests back pay based on the action of the Essex County Department of Public Safety in improperly suspending him from his position as a County Correction Officer from September 16, 1996 until May 5, 1997.
ACTION: The Merit system Board directed that this matter be held over.
B-33 ORLANDO L. CHANDLER
Orlando L. Chandler, a Director of Finance with the Housing Authority of the City of Camden, represented by Christopher J. Keale, Esq., petitions the Merit System Board for a stay of his removal, effective November 1, 1999, pending the outcome of his hearing at the Office of Administrative Law.
ACTION: The Merit System Board denied the request for a stay but granted the request for back from November 6, 1999 through November 16, 1999.
B-34 KEVIN WILSON
The Department of Corrections (DOC), represented by John P. Nuttall, Deputy Attorney General, petitions the Merit System Board for reconsideration and a stay of its final administrative decision suspending Kevin Wilson, a Senior Correction Officer with the DOC, for 120 days instead of removing him from his position.
ACTION: The Merit System Board denied the request for reconsideration and stay.
B-35 BART VALLARO
Bart Vallaro, a Police Officer with the City of Paterson, represented by Gregory T. Keller, Esq., petitions the Merit System Board for interim relief of his immediate suspension from February 1, 2000 through February 21, 2000.
ACTION: The Merit system Board granted the request for interim relief.
B-36 KYLE CAMPBELL
The Superior Court, Appellate Division, has remanded the decision of the Merit System Board in, In the Matter of Kyle Campbell (MSB, decided November 10, 1998), aff'd in part and reversed and remanded in part, Docket No. A-5017-97T1 (App. Div. Dec. 27, 1999), to determine the date on which his six- month disciplinary suspension begins and from which date his back pay and benefits begin to accrue.
ACTION: The Merit System Board clarified its prior decision and ordered that the six-month suspension began on April 30, 1996, that the period following the suspension until September 20, 1997 be recorded as an unpaid leave of absence and that back pay, benefits and seniority be awarded from September 21, 1997.
B-37 RONALD BURKHARDT
The appeal of Ronald Burkhardt, a Senior Correction Officer at the East Jersey State Prison (EJSP), Department of Corrections, of his 30-day suspension on charges, was heard by Administrative Law Judge Thomas E. Clancy (ALJ), who rendered his initial decision on January 27, 2000. At its meeting on March 21, 2000, the Board did not adopt the ALJ's recommendation to modify the penalty to a 10-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.
VOTE: Lewis A. Scheindlin (Abstained) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-38 KIM DAVIS
The appeal of Kim Davis, a Human Services Technician at the Veterans' Memorial Home at Paramus, Department of Military and Veterans' Affairs, of her removal effective November 6, 1998 on charges, was heard by Administrative Law Judge Maria Mancini LaFiandra (ALJ), who rendered her initial decision on December 22, 1999, upholding the removal. At its meeting on March 21, 2000, the Board adopted the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Abstained) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-39 JEFFREY DESIMONE
The appeal of Jeffrey DeSimone, a Police Officer with the Brick Township Police Department concerning his removal effective October 22, 1998, on charges, was heard by Administrative Law Judge Robert S. Miller (ALJ), who rendered his initial decision on November 17, 1999. At its meeting on March 21, 2000, the Board did not accept the ALJ's recommendation to modify the removal to a six-month suspension. Rather, the Board upheld the removal. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Abstained) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-40 JOHN HUNT
The appeal of John Hunt, the Business Manager with Fire District #1, Woodbridge Township, of his layoff effective May 20, 1996 for reasons of economy and efficiency was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on December 10, 1999, upholding the layoff. At its meeting on March 21, 2000, the Board affirmed the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Abstained) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-41 MICHAEL THOMAS
The appeal of Michael Thomas, a Laborer with the Public Works Department, City of Trenton, of his removal effective August 28, 1997 on charges, was heard by Administrative Law Judge John R. Tassini (ALJ), who rendered his initial decision on January 20, 2000, reversing the removal and granting back pay. At its meeting on March 21, 2000, the Board affirmed the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Abstained) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-42 YVONNE BURGESS
The appeal of Yvonne Burgess, a Clinical Specialist, Psychiatric Nursing, at the Vineland Children's Residential Treatment Center, Division of Youth and Family Services, Department of Human Services (DHS), of her removal effective May 6, 1998 on charges, was heard by Administrative Law Judge Edgar J. Holmes (ALJ), who rendered his initial decision on December 9, 1999. At its meeting on April 4, 2000, the Board adopted the ALJ's recommendation to modify the penalty to 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.
VOTE: Lewis A. Scheindlin (Abstained) Alan Dexter Bowman (No) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-43 RACHEL DANIELS
The appeal of Rachel Daniels, a Senior Corrections Officer at New Jersey State Prison, Department of Corrections, of her 10-day suspension on charges, was heard by Administrative Law Judge Anthony T. Bruno (ALJ), who rendered his initial decision on February 25, 2000, reversing the suspension. At its meeting on April 4, 2000, the Board affirmed the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-44 JOSEPH LANIER
The appeal of Joseph Lanier, a Police Officer with the City of Jersey City, regarding a 10-day, a 45-day and a 60-day suspension on charges, was heard by Administrative Law Judge Margaret M. Hayden (ALJ), who rendered her initial decision on February 23, 2000, upholding the 45-day suspension and modifying the 60-day suspension to a five-day suspension. Further, the ALJ referenced a summary decision upholding the 10-day suspension. At its meeting on April 4, 2000, the Board upheld the 10-day and 45-day suspensions, but reversed the 60-day suspension. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-45 FULVIO STANZIALE
The appeal of Fulvio Stanziale, a Sanitary Inspector with the Monmouth County Board of Health, regarding his one-day suspension on charges, was heard by Administrative Law Judge (ALJ) Jeff S. Masin, who rendered his initial decision on February 29, 2000, reversing the suspension. At its meeting on April 4, 2000, the Board ordered that the matter be remanded to the Office of Administrative Law. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Abstained) Alan Dexter Bowman (No) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-46 JOSEPH WOLINSKI
The appeal of Joseph Wolinski, a Hospital Attendant with the Department of Health and Rehabilitation, County of Essex, of his removal, effective March 31, 1998, was heard by Administrative Law Judge R. Jackson Dwyer (ALJ), who rendered his initial decision on December 6, 1999, recommending that the appellant's removal be modified to six, six-month suspensions to run concurrent with each other. The Merit System Board (Board), at its meeting on April 4, 2000, did not adopt the ALJ's recommendation. Rather, the Board modified the removal to 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.
VOTE: Lewis A. Scheindlin (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-47 RUTH A. ANDREWS
Ruth A. Andrews, a Teacher's Aide with the Newark School District, of her removal effective September 8, 1998 on charges, was heard by Administrative Law Judge Jeffrey A. Gerson (ALJ), who rendered his initial decision on February 29, 2000, reversing the removal. At its meeting on April 18, 2000, the Board affirmed the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Abstained) Judith L. Shaw (Abstained) Leo Vartan (Yes)
B-48 CLARENCE FREEMAN
The appeal of Clarence Freeman, a Juvenile Detention Officer with the County of Burlington, of his removal effective December 15, 1998 on charges, was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on March 16, 2000. At its meeting on April 18, 2000, the 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: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Abstained) Judith L. Shaw (Abstained) Leo Vartan (Yes)
B-49 ALBERT ORABONA
The appeal of Albert Orabona, a Senior Correction Officer at Mid-State Correctional Facility, Department of Corrections, of his indefinite suspension effective July 9, 1998 and removal effective November 30, 1998 on charges, was heard by Administrative Law Judge Anthony T. Bruno (ALJ), who rendered his initial decision on October 4, 1999, upholding the suspension and the removal. At its meeting on April 18, 2000, the Board adopted the ALJ's recommendations. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Abstained) Judith L. Shaw (Abstained) Leo Vartan (Yes)
B-50 DEANNA A. WALKER
Deanna A. Walker, a Clerk Typist with the Newark School District, of her resignation not in good standing effective February 24, 1997, was heard by Administrative Law Judge Edith Klinger (ALJ), who rendered her initial decision on March 9, 2000. At its meeting on April 18, 2000, the Merit System Board did not adopt the recommendation of the ALJ to uphold the resignation not in good standing and 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: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Abstained) Judith L. Shaw (Abstained) Leo Vartan (Yes)
B-51 BARBARA A. BARRETT
Barbara A. Barrett appeals the determination of the Division of Human Resource Management which found that she was ineligible for the promotional examination for Senior Field Representative Housing (Housing Assistance Program) (PS7416D), Department of Community Affairs.
ACTION: The Merit System Board directed that this appeal be denied.
B-52 THELMA J. BRYANT-REESE
Thelma J. Bryant-Reese appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for the promotional examination for Chief Accountant (PM0358A), Camden City.
ACTION: The Merit System Board directed that this appeal be granted.
B-53 MICHAEL CAPABIANCO AND SHEILA STONE
Michael Capabianco and Sheila Stone appeal the decision of the Division of Selection Services which found that they did not meet the experience requirements for the open competitive examination for Counselor Victim Witness Program (C0811A), Union County.
ACTION: The Merit System Board directed that these appeals be denied.
B-54 JUAN FONTANES
Juan Fontanes appeals the determination of the Division of Selection Services which found that he did not meet the educational and experience requirements for the promotional examination for Senior Instructor-Counselor, Re-Adjustment Unit (PS7632K), New Lisbon Developmental Center.
ACTION: The Merit System Board directed that this appeal be denied.
B-55 DARRIN GOLDMAN
Darrin Goldman appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the open competitive examination for Health Data Specialist 3 (S6222A), Department of Health and Senior Services.
ACTION: The Merit System Board directed that this appeal be granted.
B-56 DONNA C. GREENLEAF
Donna C. Greenleaf appeals the decision of the Division of Selection Services which found that she did not meet the education and/or experience requirements for the promotional examination for Program Development Specialist 1 (Corrections) (PS4426I), Northern State Prison.
ACTION: The Merit System Board directed that this appeal be granted.
B-57 DEBORAH L. JANOWSKI AND IRFAN A. SIDDIQUI
Deborah L. Janowski and Irfan A. Siddiqui appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirement for the open competitive examination for Investigator 3, Taxation (S0391A).
ACTION: The Merit System Board directed that these appeals be denied.
B-58 KIMBERLY JONES
Kimberly Jones appeals the decision of the Division of Selection Services which found that she did not meet the requirements for the promotional examination for Data Control Clerk (PC0166W), Union County.
ACTION: The Merit System Board directed that this appeal be denied.
B-59 DIANE C. KIRWAN-PATTERSON
Diane C. Kirwan-Patterson appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Assistant Program Analyst (PC0536W), Gloucester County.
ACTION: The Merit System Board directed that this appeal be granted.
B-60 FERN MCRAE
Fern McRae appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Supervising Program Developmental Specialist (PS7302D), Department of Community Affairs.
ACTION: The Merit System Board directed that this appeal be granted.
B-61 JOSEPH A. MELILLO
Joseph A. Melillo appeals the decision of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Supervising Management and Operations Analyst (PS6270K), Division of Family Development.
ACTION: The Merit System Board directed that this appeal be denied.
B-62 PAMELA MOSES AND JOANNE SAPIA
Pamela Moses and Joanne Sapia appeal the determination of the Division of Selection Services which found that they did not meet the minimum experience requirements for the promotional examination for Program Researcher (Systems) (PS7354K), Division of Family Development.
ACTION: The Merit System Board directed that these appeals be denied.
B-63 WILLIAM PETOLINO
William Petolino appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Supervisor of Motors (PM0804A), City of Newark.
ACTION: The Merit System Board directed that this appeal be granted.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-64 NANCY RAMOS
Nancy Ramos appeals the decision of the Division of Selection Services which found that she did not meet the education and/or experience requirements for the promotional examination for Executive Assistant (PM0573W), Jersey City.
ACTION: The Merit System Board directed that this appeal be denied.
B-65 DOMENICO SACCA
Domenico Sacca appeals the determination of the Division of Human Resource Management, which found that he was ineligible for the promotional examination for Equipment Operator (PM1183W), City of Elizabeth.
ACTION: The Merit System Board directed that this appeal be denied.
B-66 ANGELA SANTANDREA
Angela Santandrea appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Senior Payroll Clerk (PS7718I), Department of Corrections.
ACTION: The Merit System Board directed that this appeal be granted.
B-67 WAYNE VARGA
Wayne Varga appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the open-competitive examination for Field Representative, Wage and Hour Compliance (S0431A).
ACTION: The Merit System Board directed that this appeal be denied.
B-68 GLORIA J. WALKER
Gloria J. Walker 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 3 (PS8238R), Board of Public Utilities.
ACTION: The Merit System Board directed that this appeal be denied.
B-69 YOLANDA WALKER
Yolanda Walker appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Legal Secretary 2 (PS6004P), Division of Law.
ACTION: The Merit System Board directed that this appeal be denied.
B-70 JENEEN ARTIS AND INA WILLIS
Jeneen Artis and Ina Willis appeal the decisions of the Division of Selection Services which found that they failed to achieve passing scores on the Technical Library Assistant (PS4838J), William Paterson College promotional examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-71 DEBORAH R. BARNES
Deborah R. Barnes appeals her score on the promotional examination for Head Clerk (PS4278P), Division of Consumer Affairs.
ACTION: The Merit System Board directed that this appeal be denied.
B-72 MANOLO F. CAPILI
Manolo F. Capili appeals the determination of the Division of Selection Services regarding the scoring of his questionnaire for the Project Manager, Transportation (PS3550T) examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-73 MICHAEL D. CRONIN
Michael D. Cronin appeals the determination of the Division of Selection Services regarding the scoring of his questionnaire for the Project Manager, Transportation (PS3550T) examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-74 PRAKASH P. GANDHI
Prakash P. Gandhi appeals the determination of the Division of Selection Services regarding the scoring of his questionnaire for the Project Manager, Transportation (PS3550T) examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-75 STEPHEN HAMMOND
Stephen Hammond appeals the determination of the Division of Selection Services regarding the scoring of his questionnaire for the Project Manager, Transportation (PS3550T) examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-76 LOUIS IZZI
Louis Izzi appeals his score for the examination for Police Captain (PM1130W), East Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-77 GINA JIMENEZ
Gina Jimenez appeals her score on the examination for Investigator Probation Bilingual in Spanish and English (S0386A).
ACTION: The Merit System Board directed that this appeal be denied.
B-78 JOSEPH LAGULLO
Joseph Lagullo appeals the determination of the Division of Selection Services regarding the scoring of his questionnaire for the Project Manager, Transportation (P3550T) examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-79 LOUIS J. MARCHUK
Louis J. Marchuk appeals the determination of the Division of Selection Services regarding the scoring of his questionnaire for the Project Manager, Transportation (PS3550T) examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-80 GIRISH C. PATEL
Girish C. Patel appeals the determination of the Division of Selection Services regarding the scoring of his questionnaire for the Project Manager, Transportation (PS3550T) examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-81 INDRAVADAN M. PATEL
Indravadan M. Patel appeals the determination of the Division of Selection Services regarding the scoring of his questionnaire for the Project Manager, Transportation (PS3550T) examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-82 GEORGE E. PAYNE
George E. Payne appeals the determination of the Division of Selection Services, concerning his score and ranking on the promotional list for Supervisor, Road (PC0165A), Camden County.
ACTION: The Merit System Board directed that this appeal be denied.
B-83 KANWAL N. SATIJA
Kanwal N. Satija appeals the determination of the Division of Selection Services regarding the scoring of his questionnaire for the Project Manager, Transportation (PS3550T) examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-84 JAMES WRIGHT
James Wright appeals his score for the examination for Police Sergeant (PM0959W), Newark.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-85 STEPHANIE BANDURSKI
Robert D. Dunlop, Lieutenant Colonel, Acting Deputy Superintendent with the Division of State Police, requests that the work performed by Stephanie Bandurski, while serving in the titles of Technician, MIS, and Technical Assistant, MIS, be accepted to satisfy the experience requirement for the promotional examination for Administrative Analyst 4, Data Processing (PS7516P), Division of State Police.
ACTION: The Merit System Board granted the request.
B-86 SHERRI BESS
The Department of Human Services requests that the out-of- title work performed by Sherri Bess, while serving in the title of Director of Professional/Residential Services, be accepted to satisfy the requirements for a qualifying examination for Employee Relations Coordinator.
ACTION: The Merit System Board granted the request.
B-87 LEONA DINATALE
The Department of Transportation requests that the out-of- title work performed by Leona DiNatale, while serving in the title of Supervisor 4, Division of Motor Vehicles, be accepted to satisfy the requirements for a qualifying examination for Technician, Management Information Systems.
ACTION: The Merit System Board granted the request.
B-88 ELLEN DUFFICY
The Director, Division of Selection Services, on behalf of the Department of Health and Senior Services, requests that Ellen Dufficy's out-of-title work experience be accepted to qualify her for a prospective promotional examination for the title of Public Health Consultant 1 (Nursing).
ACTION: The Merit System Board granted the request.
B-89 HOLLY RITTENHOUSE
The Director, Division of Human Resource Management, requests that Holly Rittenhouse's out-of-title work be accepted to satisfy the experience requirement for the promotional examination for Technical Support Specialist (PS6766G), Department of Environmental Protection.
ACTION: The Merit System Board granted the request.
B-90 DOMINICK GALLONE
Dominick Gallone appeals the decision of the Division of Human Resource Management which found that he lacked the required amount of continuous permanent status as of the closing date for Supervising Maintenance Repairer Electrical (PM1085W), Passaic Valley Water Commission.
ACTION: The Merit System Board directed that this appeal be granted.
B-91 CLAUDE DESJARDINS
Claude Desjardins appeals the administration of the promotional examination for Parks Maintenance Specialist 1 (PS4788G), Department of Environmental Protection.
ACTION: The Merit System Board directed that this appeal be denied.
B-92 KENNETH EVANS
Kenneth Evans appeals the administration of the open competitive examination for Sanitation Inspector (M0749W), Kearny.
ACTION: The Merit System Board directed that this appeal be denied.
B-93 JOHN SCOTT-BEY
John Scott-Bey appeals the administration of the promotional examination for Police Sergeant (PM3561A), Newark.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-94 DONALD SASSO, JR.
Donald Sasso, Jr. appeals his veterans' preference determination and his rank on the list for the Law Enforcement Candidate Record (LECR) examination for various titles.
ACTION: The Merit System Board directed that this appeal be denied.
B-95 LEONARD A MASI
Leonard A. Masi appeals the determination of the Division of Human Resource Management, which denied his request for certification from the promotional list Supervising Medical Review Analyst (SMRA) (PS2395K), Division of Medical Assistance and Health Services, Department of Human Services.
ACTION: The Merit System Board directed that this matter be held over.
B-96 VICTOR A. RACIOPPI
Victor A. Racioppi appeals the determination of the Division of Selection Services in connection with the order of his listing on the Sheriff's Officer Sergeant certification (Certification #PL990156).
ACTION: The Merit System Board acknowledged the settlement.
B-97 SUSAN L. GRESAVAGE
Susan L. Gresavage appeals the examination review process for the promotional examination for Supervising Engineer 2, Surface Design (PS4270T), Department of Transportation.
ACTION: The Merit System Board directed that this matter be held over.
B-98 LINDA M. NASUTI
Linda M. Nasuti appeals the lack of special accommodations for her participation in the Auditor 2, Taxation (PS6169U), Department of the Treasury promotional examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-99 KATHLEEN A. NELSON
Kathleen A. Nelson appeals the content of the performance examination for the Senior Data Entry Machine Operator (PS7187N), Department of Labor promotional examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-100 SHERRY THOMAS
Sherry Thomas appeals a subtest of questions on the Secretarial Assistant 2 Non-Stenographic (PS5665K), Department of Human Services promotional examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-101 MANAGER, INSURANCE, TITLE SERIES
The Director, Division of Human Resource Management, requests that the provisions of N.J.A.C. 4A:4-7.6(c), which provides that a lateral title change may only be made if the titles are assigned the same salary range, be relaxed in order to consolidate eight titles into the newly created titles of Manager 1, Insurance; Manager 2, Insurance; and Manager 3, Insurance.
ACTION: The Merit System Board granted the request.
B-102 PROPOSED AMENDMENTS TO N.J.A.C. 4A:4-2.3 (MAXIMUM HIRING AGE FOR POLICE OFFICERS)
It is recommended that the proposed amendments to N.J.A.C. 4A:4-2.3 (Maximum Hiring Age for Police Officers) be approved for publication in the New Jersey Register for public notice and comment.
ACTION: The Merit System Board approved the proposed amendments for publication.
B-103 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of April 18, 2000, are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of April 18, 2000.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Abstained) Judith L. Shaw (Abstained) Leo Vartan (Yes)
B-104 ROBERT E. ERIKSON, ET AL.
Joseph Penkala, Raymond Porutski, represented by by David C. Patterson, Esq., and Daniel Ferrigno request reconsideration of the final administrative determination in In the Matter of Robert E. Erikson, et al., Chief, Bureau of Development and Maintenance (PS5051G), Department of Environmental Protection.
ACTION: The Merit System Board granted the request for reconsideration.
B-105 ROBERT MIKTUS
A copy of a Notice of Appeal filed by Robert Miktus in reference to IMO Gerard Corbo, et al., Police Sergeant (Merit System Board, decided February 23, 2000) was received on or about April 13, 2000. This decision will amplify, pursuant to R. 2:5-1(b), the decision rendered in this matter.
ACTION: The Merit System Board adopted the amplified decision.
VOTE: Lewis A. Scheindlin (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-106 EARLY SETTLEMENTS
Pamela Austin Hagedorn Gero-Psychiatric Hospital Department of Human Services Release at the end of the working test period
Patricia O'Neal Greystone Park Psychiatric Hospital Department of Human Services 10-day suspension
Frankie Page Ann Klein Forensic Center Department of Human Services 10-day suspension
Gary Pressley Ancora Psychiatric Hospital Department of Human Services Removal
Kira Toland Division of Youth and Family Services Department of Human Services 10-day suspension
Shamika Washington Ancora Psychiatric Hospital Department of Human Services 15-day suspension
ACTION: The Merit System Board acknowledged the settlements.
B-107 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of April 4, 2000, are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of April 4, 2000.
VOTE: Lewis A. Scheindlin (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, May 23, 2000, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
__________________________________ LEWIS A. SCHEINDLIN ACTING CHAIRMAN MERIT SYSTEM BOARD
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