A regular meeting of the Merit System Board was held on
Tuesday, June 20, 2000, in Trenton, New Jersey.
PRESENT: Acting Chairman Lewis A. Scheindlin, Merit System
Board Members, Margaret E. L. Howard, Judith L. Shaw and Leo
Vartan; June Forrest, Deputy Attorney General; Henry Maurer,
Director, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, Acting Chairman 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.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing
calendar:
Kenneth Clemon, Custodial Worker, State Operated School District
of the City of Newark, removal.
Joseph Goska, Principal Lab Technician, Ramapo College of New
Jersey, 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:
Debra Jackman, Cottage Training Technician, Department of Human
Services, North Jersey Developmental Center, suspension.
Jacqueline Lyde, Clerk Typist, William Paterson College, removal.
William Vaughn, Laborer, City of Newark, removal.
Gralen Vereen, Juvenile Detention Officer, County of Passaic,
suspension.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Carolyn Bass
Division of Youth and Family Services
Removal
In the Matter of Kerry Birnbaum
Willingboro Public Library
Removal
In the Matter of George Creekmur
Township of Union, Public Works
Removal
In the Matter of Warren DeVone
County of Essex
Return to Former Permanent Title
In the Matter of Salvatore Garrone - (Remand)
County of Monmouth
Suspension
In the Matter of Rhonda Gibson
Burlington County
Suspension
In the Matter of Paul Grosko
Brick Township, Department of Administration,
Finance and Public Affairs
Removal
In the Matter of Ronald Heiser
Fairview Borough Public Works
Removal
In the Matter of Donald Krulewicz
Division of Taxation - Department of the Treasury
Demotion
In the Matter of Shakoor Mustafa
City of Newark
Suspension
In the Matter of Barbara Nunn
New Jersey Department of Corrections
Central Reception and Assignment Facility
Suspensions
In the Matter of Wendy Pantle
Cumberland County Board of Social Services
Suspension
In the Matter of Irene Razzano
Burlington County, Buttonwood Hospital
Removal
In the Matter of Winfield Thomas
City of Trenton Housing Authority
Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE
CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the
settlements with the exception of Donald Krulewicz
which was held over.
A-2 ALICE BOOTH, ET AL.
Appeal of Alice Booth, Cherl Hodges, Richard Grudzinski,
Rosemary Witherspoon, Wanda Sawyer, Steven Labruna, Lorraine
Brown, Marylou M. Gibney, Gail A. Smith, Dorothy McKinney,
Mendo Stojanowski, Miryan Fomken, and Anthony R. Procopio,
Passaic County Board of Social Services, layoffs and
demotions for reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Uphold the
layoff/demotion of Anthony R. Procopio.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-3 HENRY BUSSEY
Henry Bussey, Senior Correction Officer, Northern State
Prison, Department of Corrections, suspension for six
months, on charges of conduct unbecoming a public employee
and physical or mental abuse of an inmate, patient, client,
resident or employee, inappropriate physical contact or
mistreatment of an inmate, patient, client, resident or
employee, threatening, intimidating, harassing, coercing or
interfering with fellow employees on State property.
Recommendation of the Administrative Law Judge - Uphold the
suspension.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-4 HARRY DAHLMAN
Harry Dahlman, Corrections Sergeant, Mountainview Youth
Correctional Facility, Department of Corrections, suspension
for ten days, on charges of violation of a rule, regulation,
policy, procedure, order or administrative decision.
Recommendation of the Administrative Law Judge - Reverse the
suspension.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-5 NORRIS R. HOIST
Norris R. Hoist, Housekeeping Supervisor I, New Jersey
Veterans' Memorial Home, Menlo Park, Department of Military
and Veterans' Affairs, suspension for ten days, on charges
of threatening, intimidating, coercing, or interfering with
fellow employees on State property.
Recommendation of the Administrative Law Judge - Reverse the
suspension.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-6 JOHN MCKEOWN (REMAND)
John McKeown, Senior Correction Officer, East Jersey State
Prison, Department of Corrections, denial of Sick Leave
Injury Benefits.
Recommendation of the Administrative Law Judge - Grant Sick
Leave Injury Benefits for the period December 22, 1994 to
January 22, 1995.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-7 WAYNE MARK SMITH (REMAND)
Wayne Mark Smith, Police Sergeant, Millville Police
Department, suspension for 15 days, on charges of violation
of rules and regulations: abide by rules and regulations,
conduct unbecoming and repeated violations.
Recommendation of the Administrative Law Judge - Deny motion
for Summary Judgement and modify the 15-day suspension to a
10-day suspension.
ACTION: the Merit System Board denied the motion for
Summary Judgement, but upheld the 15-day
suspension.
A-8 NORA VILLANUEVA
Nora Villanueva, Penal Counselor, Hudson County, suspension
for ten days, on charges of neglect of duty,
insubordination, conduct unbecoming a public employee and
lateness.
Recommendation of the Administrative Law Judge - Uphold the
suspension.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-9 HORACE WATSON
Horace Watson, Police Officer, City of East Orange Police
Department, suspension for 45 days, on charges of two counts
of insubordination and one count each of unbecoming conduct
and other sufficient cause for discipline.
Recommendation of the Administrative Law Judge - Uphold the
suspension.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-10 JAMES HAROLD ANDREEN
James Harold Andreen, Senior Repairer, Arthur Brisbane Child
Treatment Center, Department of Human Services, removal
effective May 13, 1999, on charges of unwelcomed sexual
advances, requests for sexual favors and/or other verbal or
physical conduct, based on the gender of the employee, had
been used for the purpose of or has had the affect of
unreasonably interfering with the target employee's work
performance or created an unreasonable intimidating,
hostile, or offensive working environment, which includes
inappropriate unwanted, offensive physical, or verbal sexual
advances and comments and gross sexual imposition such as
touching, fondling, grabbing, or assault.
Recommendation of the Administrative Law Judge - Modify the
removal to a three-month suspension.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-11 DEAN GRANGER
Dean Granger, Building Maintenance Worker, Buildings and
Operations, County of Camden, removal effective March 24,
1999, on charges of conduct unbecoming a public employee and
fraud.
Recommendation of the Administrative Law Judge - Dismiss the
appeal and order award of attorney fees for respondent in
the amount of $1,160.00.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge that the appeal be
dismissed, but modified the amount of attorney
fees to $508.
A-12 ESMERALDA RODRIGUEZ
Esmeralda Rodriguez, Human Services Assistant, Trenton
Psychiatric Hospital, Department of Human Services, removal
effective March 3, 1999, on charges of fighting and creating
a disturbance on State property.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-13 SHELLY TOZER
Shelly Tozer, Technical Assistant/M.I.S., Cape May County,
removal effective November 5, 1998, on charges of chronic
or excessive absenteeism, conduct unbecoming a County
employee and misuse of County equipment.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-14 GORDON BREEDING, JR. - SETTLEMENT
Initial suspension for six months and a demotion to
Corrections Officer effective October 6, 1995, on charges of
disregarding the rules and regulations of the Office of the
Sheriff in the County of Morris pertaining to standards of
conduct, performance of duty, obedience to laws and
regulations, conduct toward superior and subordinate
officers and associates, etc. Settled to a 40-day
suspension and demotion to a Corrections Officer. The Merit
System Board at its meeting of March 21, 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
as clarified.
SECTION B - MISCELLANEOUS MATTERS
B-1 PATRICIA FARRELL
Patricia Farrell appeals her rejection as a County
Correction Officer by the County of Monmouth and its request
to remove her name from the eligible list for County
Correction Officer 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 DAVID FIGUEROA
David Figueroa, represented by Alan Rosenberg, Esq., appeals
his rejection as a Police Officer candidate by the City of
Camden 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-3 IVELISSE GARCIA
Ivelisse Garcia appeals her rejection as a Police Officer by
the City of Plainfield and its request to remove her name
from the eligible list for Police Officer 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-4 TAMBY GOTEH
Tamby Goteh, represented by Joseph T. Afflitto, Sr., Esq.,
appeals his rejection as a Police Officer candidate by the
City of Paterson 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-5 JOHN SUSZKO
John Suszko appeals his rejection as a Sheriff's Officer by
the County of Essex and its request to remove his name from
the eligible list for Sheriff's Officer 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-6 BRYAN L. JACKSON
Bryan L. Jackson appeals the request by the City of Camden
to remove his name from the Police 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-7 ROSA AMODIO
Rosa Amodio, a Technical Program Assistant (Personnel) with
the Department of Environmental Protection, appeals the
denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-8 TROY FERUS
Troy Ferus, a Senior Correction Officer at Bayside State
Prison, Department of Corrections, represented by Frederick
A. Jacob, Esq., appeals the denial of sick leave injury
(SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be granted.
B-9 MARY ANN GONZALES
Mary Ann Gonzales, a Technical Library Assistant with Rowan
University, appeals the denial of sick leave injury (SLI)
benefits.
ACTION: The Merit System Board directed that this appeal
be granted.
B-10 DEBORAH JENSEN
Deborah Jensen, a Cottage Training Supervisor at New Lisbon
Developmental Center, Department of Human Services, appeals
the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board referred the matter to the
Medical Examiners Panel.
B-11 KATHLEEN KAPS-HOFFMAN
Kathleen Kaps-Hoffman, a Senior Police Officer (Health Care
Facilities) with the 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-12 HENRIETTA MACHOS
Henrietta Machos, a Teaching Assistant (12 Months) at
Woodbridge Developmental Center, Department of Human
Services, represented by Sarah Evans, Staff Representative,
CWA Local 1040, appeals the denial of sick leave injury
(SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-13 MONICA MILLER
Monica Miller, a Senior Correction Officer at Northern 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-14 VINCENZA PILLITTERI
Vincenza Pillitteri, a Building Maintenance Worker at Rowan
University, appeals the denial of sick leave injury (SLI)
benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-15 DANTE PIPPA
Dante Pippa, a Repairer with the Department of Labor,
appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-16 HOSEA THOMAS
Hosea Thomas, a Senior Correction Officer at Riverfront
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-17 JOHN W. WARREN, JR.
John W. Warren, Jr., a Senior Correction Officer at New
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-18 RICHARD A. ADRIANZEN
Richard A. Adrianzen appeals the decision of Selection
Services which found that the Department of Corrections had
presented a sufficient basis to remove appellant's name from
the Correction Officer Recruit (S9999W) eligible list on the
basis that he falsified his preemployment application.
ACTION: The Merit System Board directed that this appeal
be granted and revive the list to allow appellant
to be conditionally appointed pending medical and
psychological evaluation.
B-19 KENNY HOPES
Kenny Hopes 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 County Correction Officer
(C0452S), County of Essex for failure to respond to a notice
to appear for a scheduled interview.
ACTION: The Merit System Board directed that this appeal
be denied.
B-20 JEFFREY D. TAYLOR
Jeffrey D. Taylor appeals the decision of Human Resource
Information Services which found that the City of Newark had
presented a sufficient basis to remove the appellant's name
from the Police Officer (M3394Y) eligible list due to an
unsatisfactory driving record.
ACTION: The Merit System Board directed that this appeal
be denied.
B-21 RONALD RULE
Ronald Rule, a former Sanitation Worker with Brick Township,
represented by William J. Ernst, President, Transport
Workers of America Local 225, appeals the removal of his
name from the special reemployment list for Sanitation
Worker, Brick Township on the basis of an employment history
which related adversely to the title.
ACTION: The Merit System Board directed that this appeal
be denied.
B-22 MATTHEW BUERKLIN
Monroe Township, represented by Charles A. Fiore, Esq.,
appeals the decision of the Selection Services Unit which
disapproved Matthew Buerklin's appointment as a Police
Officer.
ACTION: The Merit System Board directed that the Police
Officer eligible list (M1853M) be revived to allow
appellant to be considered for appointment.
B-23 GREGORY RIGGS
Gregory Riggs, a Senior Correction Officer with the Garden
State Reception and Youth Correctional Facility, Department
of Corrections, represented by Michael E. Gogal, Esq.,
petitions the Merit System Board for interim relief with
regard to his demotion from the title of Senior Investigator
(Secured Facilities).
ACTION: The Merit System Board directed that this appeal
be denied.
B-24 EDWARD O'NEIL
The Borough of Highlands, represented by Robert B. Thaler,
Esq., petitions the Merit System Board for a stay of its
decision in In the Matter of Edward O'Neil (MSB, decided
January 11, 2000) pending its appeal to the Appellate
Division of the Superior Court of New Jersey.
ACTION: The Merit System Board directed that this appeal
be denied.
B-25 MICHAEL CLAUDY
Michael Claudy, a former Supervising Field Representative,
Property Improvement, with Jersey City, represented by
Dennis G. Harraka, Esq., petitions the Merit System Board
for back pay and counsel fees regarding his indefinite
suspension pending the outcome of criminal charges.
ACTION: The Merit System Board granted the request in part
for back pay and denied the request for counsel fees.
B-26 ACCOUNTING PROCEDURES ANALYST (C6332O), UNION COUNTY
The appointing authority requests permission not to make an
appointment from the certification for Accounting Procedures
Analyst (C6332O), Union County.
ACTION: The Merit System Board granted the request but
assessed costs.
B-27 IVE ROSE COLAS
Ive Rose Colas, a Cottage Training Technician, at Green
Brook Regional Center, Department of Human Services,
requests that the matter of her 15-day suspension and
removal effective June 17, 1999, be transmitted back to the
Office of Administrative Law (OAL) for further proceedings.
ACTION: The Merit System Board denied the request and
dismissed the appeal without prejudice.
B-28 SEYMOUR THOMPSON
Seymour Thompson, a Senior Correction Officer with the
Department of Corrections (DOC), appeals the determination
of the Director of the Equal Employment Division with the
DOC, stating that the appellant failed to present sufficient
evidence to support a finding of probable cause that he had
been discriminated against based on his race or in
retaliation for filing prior complaints.
ACTION: The Merit System board directed that this appeal
be denied.
B-29 ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST
STEVEN ECKEL V. COUNTY OF MIDDLESEX
Administrative Law Judge (ALJ) M. Kathleen Duncan issued an
Order of Consolidation and Predominant Interest in the above-
captioned matter. In that order, the ALJ determined that
the matters be consolidated and that the Public Employment
Relations Commission (PERC) had the predominant interest.
Based on the ALJ's Order, the Board and PERC developed a
joint order adopting the ALJ's Order. This joint order is
now before the Board for adoption.
ACTION: The Merit System Board adopted the joint order of
consolidation and predominant interest.
B-30 ALFRED CARLO
The appeal of Alfred Carlo, Senior Maintenance Repairer,
Township of Teaneck, of his removal effective September 7,
1996 on charges, was heard by Administrative Law Judge
Margaret M. Hayden (ALJ), who rendered her initial decision
on February 14, 2000. At its meeting on May 23, 2000, the
Merit System Board did not adopt the ALJ's recommendation to
modify the removal to a six-month suspension. Rather the
Board concluded that a one-month suspension was warranted.
The proposed final decision is now submitted for the Board's
review.
ACTION: The Merit System Board adopted the final decision.
B-31 MICHAEL GIANNETTA
The appeal of Michael Giannetta of the removal of his name
from the Fire Fighter (M1501M), Bloomfield eligible list,
was heard by Administrative Law Judge Margaret M. Monaco
(ALJ), who rendered her initial decision on April 10, 2000.
At its meeting on May 23, 2000, the Merit System Board
adopted the ALJ's recommendation to uphold the removal from
the list. The proposed decision is now submitted for the
Board's review.
ACTION: The Merit System Board adopted the final decision.
B-32 ETHEL GILBERT
The appeal of Ethel Gilbert, Supervising Family Service
Specialist 2, Department of Human Services concerning her
release at the end of her working test period, was heard by
Administrative Law Judge Michael L. Ravin (ALJ), who
rendered his initial decision on December 30, 1999. At its
meeting on May 23, 2000, the Merit System Board adopted the
ALJ's recommendation to uphold the release. The proposed
final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-33 EDGAR MEDINA
The appeal of Edgar Medina, a Police Officer with the City
of Vineland, of his removal effective December 31, 1998 on
charges, was the subject of a settlement conference
conducted by Administrative Law Judge Joseph Lavery (ALJ),
who rendered his initial decision on February 3, 2000. At
its meeting on May 23, 2000, the Merit System Board adopted
the recommendation of the ALJ to acknowledge the Settlement
reached by the parties. The proposed final decision is now
submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-34 ANTHONY MONTGOMERY
The appeal of Anthony Montgomery, a Human Services
Technician at the Hagedorn Gero-Psychiatric Hospital,
Department of Human Services (DHS), of his removal effective
March 25, 1999 on charges, was heard by Administrative Law
Judge Steven C. Reback (ALJ), who rendered his initial
decision on April 14, 2000, recommending that the removal be
modified to a six-month suspension. At its meeting on May
23, 2000, the Board did not adopt the ALJ's recommendation
and upheld the removal. The proposed final decision is now
submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-35 ROBERT AMOROSI
Robert Amorosi appeals the determination of the Division of
Selection Services which found that he did not meet the
experience requirements for the promotional examination for
Senior Interviewer (Veterans Services) (PS7361N), Department
of Labor.
ACTION: The Merit System Board directed that this appeal
be denied.
B-36 KEVIN ARAHILL
Kevin Arahill 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 Assistant Supervisor Public Works (PM0354A), Teaneck.
ACTION: The Merit System Board directed that this appeal
be held over.
B-37 ANTHONY BATTLE AND RENEE MARSHALL
Anthony Battle and Renee Marshall appeal the determination
of the Division of Selection Services which found that they
did not meet the experience requirements for the open
competitive examination for Supervisor of Telephone Systems
(M6724A), Newark School District.
ACTION: The Merit System Board directed that this appeal
be denied.
B-38 JEFTA BERNHARD
Jefta Bernhard appeals the determination of the Division of
Selection Services which found that he did not meet the
residency requirements for the open competitive examination
for Juvenile Officer (M6869A), City of Trenton.
ACTION: The Merit System Board directed that this appeal
be denied.
B-39 CHARLES S. CALLARI
Charles S. Callari 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 Director of Neighborhood Preservation Program (M6227O),
Jersey City.
ACTION: The Merit System Board directed that this appeal
be denied.
B-40 NANCY M. CAVERLY
Nancy M. Caverly appeals the determination of the Division
of Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Supervisor of Accounts (PM0494A), Rahway Public Library.
ACTION: The Merit System Board directed that this appeal
be denied.
B-41 ROBERT CERMINARA
Robert Cerminara appeals the determination of the Division
of Selection Services which found that he did not meet the
educational requirements for the open competitive
examination for Therapist, Music (S0434A).
ACTION: The Merit System Board directed that this appeal
be denied.
B-42 SHARON CRESPO
Sharon E. Crespo appeals the determination of the Division
of Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Unemployment Insurance Clerk Bilingual in Spanish & English
(PS6866N), Department of Labor.
ACTION: The Merit System Board directed that this appeal
be denied.
B-43 WILFORD GRANT
Wilford Grant 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 1 (PS8480K), Department of Human
Services.
ACTION: The Merit System Board directed that this appeal
be denied.
B-44 AL-KHALIQ M. HOLMES
Al-Khaliq M. Holmes appeals his ineligibility for the Fire
Fighter (M9999A) open competitive examination.
ACTION: The Merit System Board directed that this appeal
be denied.
B-45 CHUKWUEMEKA IHEUKWUMERE
Chukwuemeka Iheukwumere appeals the determination of the
Division of Selection Services which found that he did not
meet the residency requirements for the open competitive
examination for Supervising Administrative Analyst (M6768A),
City of Newark.
ACTION: The Merit System Board directed that this appeal
be denied.
B-46 CARL C. JACKSON
Carl C. Jackson appeals the determination of the Division of
Selection Services, which found that he did not meet the
education requirements for the promotional examination for
Supervising Substance Abuse Counselor, (PS8528P), Juvenile
Justice Commission.
ACTION: The Merit System Board directed that this appeal
be granted.
B-47 IRVIN JAMES
Irvin James appeals his ineligibility for the Tax
Representative Training (S6281A) open competitive
examination, on the basis of not meeting the announced
residency requirement.
ACTION: The Merit System Board directed that this appeal
be denied.
B-48 JILL LAMBERT
Jill Lambert appeals her ineligibility for the Program
Nutritionist (C6702A), Ocean County open competitive
examination, on the basis of not meeting the announced
residency requirement.
ACTION: The Merit System Board directed that this appeal
be denied.
B-49 TAMIKA N. LEWIS
Tamika N. Lewis appeals the determination of the Division of
Selection Services, which found that she did not meet the
experience requirements for the open competitive examination
for Social Worker Juvenile Rehabilitation (C0603W), Mercer
County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-50 ROBERT F. MALONE, JR.
Robert F. Malone, Jr. appeals the determination of the
Division of Human Resource Management, which fond that he
was ineligible for the promotional examination for
Supervising Administrative Analyst (PS5696T), Department of
Transportation.
ACTION: The Merit System Board directed that this appeal
be denied.
B-51 KENDELL MCCLINTON
Kendell McClinton appeals the determination of the Division
of Selection Services which found that she did not meet the
experience requirements for the open competitive examination
for Nursing Service Clerk (S0510B).
ACTION: The Merit System Board directed that this appeal
be denied.
B-52 BONNIE MECANKO AND NEWTON H. RICHARDS
Bonnie Mecanko and Newton H. Richards appeal the
determinations of the Division of Selection Services, which
found that they did not meet the experience requirements for
the promotional examination for Supervising Administrative
Analyst (PS7780K0, Department of Human Services.
ACTION: The Merit System Board directed that this appeal
be denied.
B-53 CHERYL MITCHELL
Cheryl Mitchell appeals the determination of the Division of
Selection Services which found that she did not meet the
requirements for the Coordinator, Special Child Health
Services (PC8111A), Sussex County, promotional examination.
ACTION: The Merit System Board directed that this appeal
be granted.
B-54 DENISE A. NEVELS
Denise A. Nevels appeals the determination of the Division
of Selection Services, which found that she did not meet the
experience requirements for the promotional examination for
Principal Clerk Bookkeeper (PS5265I), Department of
Corrections.
ACTION: The Merit System Board directed that this appeal
be directed.
B-55 BETH A. O'BRIEN
Beth A. O'Brien appeals the determination of the Division of
Selection Services, which found that she did not meet the
experience requirements, per the education substitution
clause, for the promotional examination for Management
Assistant (PS7250I), New Jersey State Prison (Trenton).
ACTION: The Merit System Board directed that this appeal
be granted.
B-56 MEREDITH H. RICHARDS
Meredith H. Richards 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 Youth Worker (PS8647P), Juvenile
Justice Commission.
ACTION: The Merit System Board directed that this appeal
be denied.
B-57 GEORGEANN RUSSO
Georgeann Russo appeals the determination of the Division of
Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Scheduler (PS7587J), William Paterson University.
ACTION: The Merit System Board directed that this appeal
be denied.
B-58 DENNIS J. SANTILLO
John Cudworth, Personnel Officer, City of Clifton appeals,
on behalf of Dennis J. Santillo, the determination of the
Division of Selection Services which found that Mr. Santillo
did not meet the experience requirements for the promotional
examination for Technical Assistant 3 (PM0167A), City of
Clifton.
ACTION: The Merit System Board directed that this appeal
be granted.
B-59 EMILY W. TEMPLETON
Emily W. Templeton appeals the determination of the Division
of Selection Services, which found that she did not meet the
experience requirements for the promotional examination for
Supervisor of Enforcement (PS8419D), Department of Community
Affairs.
ACTION: The Merit System Board directed that this appeal
be denied.
B-60 MARCIE B. THURMAN
Marcie B. Thurman appeals the determination of the Division
of Selection Services, which found that she did not meet the
experience requirements for the open competitive examination
for Technical Assistant, Office of the Construction Official
(M0876A), Mount Laurel Township.
ACTION: The Merit System Board directed that this appeal
be denied.
B-61 IVAN WEBSTER
Ivan Webster appeals the determination of the Division of
Selection Services which found that he did not meet the
residency requirements for the open competitive examination
for Administrative Analyst (M6766A), Jersey City.
ACTION: The Merit System Board directed that this appeal
be denied.
B-62 GEORGE E. WELLS
George E. Wells 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 Circulation Assistant 2 (S0538B).
ACTION: The Merit System Board directed that this appeal
be denied.
B-63 NANCY M. WENC
Nancy M. Wenc appeals the determination by the Division of
Selection Services, which found that she did not meet the
experience requirement for the promotional examination for
Administrative Analyst 1 (Fiscal Management) (PS7909D),
Department of Community Affairs.
ACTION: The Merit System Board directed that this appeal
be denied.
B-64 ROBERT ANDERSON, ET AL.
Robert Anderson, Preston Beals, Andrew Jusino, Joseph
Nardone, Damian Sabo, Timothy Sheils, and William Shelton
appeal their performance scores for the Fire Fighter
(M9999A) examination.
ACTION: The Merit System Board directed that these appeal
be denied.
B-65 NICHOLAS AURIEMMA, ET AL.
Nicholas Auriemma, Elvis Collado, Robert Gioscio, Guido
Guirado, Joseph Riotto, Todd Roth, Raymond Spellmeyer and
John Suanno appeal their scores for the Law Enforcement
Candidate Record (LECR) examination for various titles.
ACTION: The Merit System Board directed that these appeals
be denied.
B-66 FERN CARNEY, ET AL.
Fern Carney, Willie Loman and Ronika Redd appeal the
determination of the Division of Selection Services which
found that they failed to achieve a passing score on the
open competitive examination for Social Service Technician
(C1085A), Camden County.
ACTION: The Merit System Board directed that these appeals
be denied.
B-67 RONALD JOHNSON
Ronald Johnson, represented by Michael Miller, Esq., appeals
his score on the examination for Police Sergeant (PM3213S),
Camden City.
ACTION: The Merit System Board directed that this appeal
be denied.
B-68 THOMAS GIRONDA
Thomas Gironda petitions the Merit System Board for
reconsideration of the decision rendered on November 9, 1999
which denied his appeal regarding his score on the
promotional examination for Fire Captain (PM3631V), Asbury
Park City.
ACTION: The Merit System Board directed that this appeal
be denied.
B-69 JEFFREY ADAMS, ET AL.
Jeffrey Adams, Cutis Bouier, Kevin Cooke, Joseph Doyle,
David Metzler, Brian Reich, Douglas Vandalinda, Joel
Wierbach and Michael Wohl appeal the administration of the
physical performance portion of the Fire Fighter (M999A)
examination.
ACTION: The Merit System Board directed that these appeal
be denied.
B-70 STEVEN BOOKE
Steven Booke appeals the administration of the multiple-
choice portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal
be denied.
B-71 LUIS CRUZ
Luis Cruz appeals the administration of the physical
performance portion of the examination for Fire Fighter
(M9999A).
ACTION: The Merit System Board directed that this appeal
be denied.
B-72 CALVIN EDMONDS
Calvin Edmonds appeals the administration of the physical
performance portion of the examination for Fire Fighter
(M9999A).
ACTION: The Merit System Board directed that this appeal
be denied.
B-73 JOHN TOMBURO
John Tomburo appeals the administration of the multiple-
choice portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal
be denied.
B-74 HOWARD KRIVY
Howard Krivy appeals the lack of special accommodations for
his participation in the Social Service Technician (C1085A),
Camden County open competitive examination, as well as the
determination of the Division of Selection Services which
found that he failed to achieve a passing score.
ACTION: The Merit System Board directed that this appeal
be denied.
B-75 BRIAN ADAMS
The Director, Division of Selection Services, requests that
Brian Adams' out-of-title work experience be accepted to
satisfy the experience requirement for a prospective
promotional examination for Property Management Services
Specialist 1 in the Department of the Treasury.
ACTION: The Merit System Board directed that this appeal
be granted.
B-76 PHILIP BRUCCOLERI
The Director, Division of Selection Services, on behalf of
the Department of Health and Senior Services, requests that
Philip Bruccoleri's out-of-title work experience be accepted
to qualify him for a prospective promotional examination for
Administrative Analyst 2 (Data Processing).
ACTION: The Merit System Board directed that this appeal
be granted.
B-77 ALAN R. COOPER
The Director, Division of Selection Services, on behalf of
the Department of Transportation, requests that Alan R.
Cooper's out-of-title work experience be accepted to admit
him to the promotional examination for Purchasing Assistant
(PS9286T).
ACTION: The Merit System Board directed that this appeal
be granted.
B-78 LUIS ORTIZ, JR.
The Director, Division of Selection Services, on behalf of
the Department of Health and Senior Services, requests that
Luis Ortiz, Jr.'s out-of-title work experience be accepted
to qualify him for a prospective promotional examination for
Program Manager, Health and Senior Services.
ACTION: The Merit System Board directed that this appeal
be granted.
B-79 TERRI L. SLACK
The Director, Division of Selection Services, on behalf of
the Department of Environmental Protection, requests that
Terri L. Slack's out-of-title work experience be accepted to
qualify her for the promotional examination for Supervisor
Standards and Procedures (PS7926G).
ACTION: The Merit System Board directed that this appeal
be granted.
B-80 SCOTT ADAMS, ET AL.
Scott Adams, Farook Ahmed, Thomas Buckley, Centenna J.
Caldwell, Sean Gorman, Joseph Michelsohn, Beatrice A.
Nwachukwu, Paul C. Okafor, Elena Schell, Jeffrey M. Schwab,
and Wayne E. Stefan appeal the promotional examination for
Auditor 2, Taxation (PS6169U), Department of the Treasury.
ACTION: The Merit System Board directed that these appeals
be denied.
B-81 NORTH HUDSON REGIONAL FIRE AND RESCUE SERVICE
The North Hudson Firefighters Association (NHFA),
represented by Glen Michelin, President, and Bruce Ledger,
Esq., and individual Firefighters, represented by Kevin M.
Kiernan, Esq., request clarification and enforcement of the
Board's order of February 1, 2000 to activate Fire
Promotional Lists for North Hudson Regional Fire and Rescue
Service (NHRFRS). Specifically, the lists included Fire
Lieutenant (PM4169V) West New York, Battalion Fire Chief
(PM1078U) North Bergen, Battalion Fire Chief (PM1082U)
Weehawken, Fire Captain (PM1192T) Weehawken, Fire Captain
(PM2796S) North Bergen, and Fire Lieutenant (PM4805R) Union
City. Additionally, individual Firefighters, represented by
Yale I. Lazris, Esq., seek reconsideration of the Board's
original decision and seek rescission of the promotional
appointments be made from activated lists. Firefighters
represented by Messrs. Kiernan and Lazris also request a
hearing in this matter.
ACTION: The Merit System Board directed that the original
decision be clarified and the request for
reconsideration be denied.
B-82 COREY KARAS AND JOSEPH NIGRO
The Town of Harrison, represented by Lawrence M. Fox, Esq.,
appeals the denial of transfer, under the Intergovernmental
Transfer Pilot Program, of Corey Karas and Joseph Nigro from
Sheriff's Officer, Hudson County Sheriff's Department to
Police Officer, Town of Harrison Police Department.
ACTION: The Merit System Board directed that this matter
be held over.
B-83 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of June 6,
2000 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its
meeting of June 6, 2000.
B-84 ALAN JOHNSON
Alan Johnson, a Correction Sergeant at East Jersey State
Prison, Department of Corrections, represented by Matthew
Kyle, Treasurer, New Jersey Law Enforcement Supervisors
Association, petitions the Merit System Board for interim
relief with regard to his removal on charges.
ACTION: The Merit System Board directed that this appeal
be denied.
B-85 DERRICK COOPER
Derrick Cooper, a Senior Correction Officer with Riverfront
State Prison, Department of Corrections, represented by
James F. Schwerin, Esq., requests interlocutory review of
the May 12, 2000 Order issued by Administrative Law Judge
Robert S. Miller pursuant to N.J.A.C. 1:1-14.10(a), which
denied appellant's request for summary decision to dismiss
the disciplinary charges filed against him.
ACTION: The Merit System Board granted the request for
interlocutory review and clarified the
Administrative Law Judge's order.
B-86 ROBERT COLLINS AND THOMAS CAHILL
The appeals of Robert Collins and Thomas Cahill, Police
Officers with the Borough of Beach Haven, of their removals
effective March 4, 1997 on charges, were heard by
Administrative Law Judge Bruce R. Campbell (ALJ), who
rendered his initial decision on July 22, 1999, recommending
that the removals be upheld. At its meeting on May 23,
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.
B-87 SAMUEL J. GASPERO
The appeal of Samuel J. Gaspero, Building Maintenance Worker
with the City of North Wildwood, of his removal effective
July 8, 1999, was heard by Administrative Law Judge John R.
Futey (ALJ), who rendered his initial decision on April 26,
2000. At its meeting on June 6, 2000, the Merit System
Board did not accept the ALJ's recommendation to uphold the
removal. Rather, the Board concluded 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.
B-88 KATHRYN KRAKOW
The appeal of Kathryn Krakow, an Institutional Coordinator,
Foster Grandparent Program at Woodbine Developmental Center,
Department of Human Services (DHS), regarding her release at
the end of the working test period, effective April 10,
1999, was heard by Administrative Law Judge Lillard E. Law,
who rendered his initial decision on April 5, 2000, granted
DHS' motion for summary decision and dismissing the
appellant's appeal as moot. At its meeting on June 6, 2000,
the 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 decision.
B-89 TYRONE WALKE
The appeal of Tyrone Walke, a Human Services Assistant at
Ancora Psychiatric Hospital, Department of Human Services,
of his 10-day suspension and removal effective February 8,
1999 on charges, was heard by Administrative Law Judge
Solomon A. Metzger, who rendered his initial decision on May
1, 2000, recommending that the removal be upheld. At its
meeting on June 6, 2000, the Merit System Board upheld the
10-day suspension and the removal. The proposed final
decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-90 REGINALD FREDETTE
Reginald Fredette, a Senior Correction Officer at the Adult
Diagnostic and Treatment Center, Department of Corrections
(DOC), appeals his removal, effective December 14, 1999.
ACTION: The Merit System Board acknowledged the rescission
of the disciplinary action by the Department of
Corrections and the appellant's reinstatement with
mitigated back pay and benefits.
B-91 BLANCA OHLER
Blanca Ohler, Director, Community Development Programs with
the City of Trenton (City), represented by Mark Rosenbaum,
Esq., petitions the Merit System Board for a stay of her
immediate suspension, effective May 3, 2000.
ACTION: The Merit System Board denied the request for a
stay but granted back pay from June 17, 2000 until
the actual date of the departmental hearing.
B-92 EARLY SETTLEMENTS
Beth Berrovoets
Division of Youth and Family Services
Department of Human Services
Removal
Bakeer Muwwakkil
Hunterdon Developmental Center
Department of Human Services
(3) Removals
Victor Onwuzuruike
City of Newark Housing Authority
Removal
Evette Spicer
New Lisbon Developmental Center
Department of Human Services
Removal
Paul Vallejo
Ancora Psychiatric Hospital
Department of Human Services
Removal
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, July 11,
2000, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
__________________________________
LEWIS A. SCHEINDLIN
ACTING COMMISSIONER
MERIT SYSTEM BOARD
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