Lewis A. Scheindlin, Acting Chairman Alan Dexter Bowman Margaret E.L. Howard Judith L. Shaw
A regular meeting of the Merit System Board was held on Tuesday, September 26, 2000, in Trenton, New Jersey.
PRESENT: Acting Chairman Lewis A. Scheindlin, Merit System Board Members, Alan Dexter Bowman, Margaret E. L. Howard and Judith L. Shaw; Elizabeth Laufer, 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 actions were by unanimous vote unless otherwise specified.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Suzanne Beschen, Senior Clerk Typist, Rowan College of New Jersey, removal.
Herbert T. Camlin, Bridge Attendant, County of Monmouth, removal.
Monica Hunecke, Building Maintenance Worker, County of Hudson, removal.
John Raube, Senior Correction Officer, Department of Corrections, Bayside State Prison, removal.
James Redmond, Carpenter, County of Cape May, removal.
DISMISSAL OF APPEALS - FAILURE TO APPEAR
RECOMMENDATION: The following cases be dismissed without prejudice.
The Merit System Board dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:
Jennifer Giroux, Clerk Typist, City of Bayonne, layoff.
Matthew Nigro, Police Sergeant, City of Newark, indefinite suspension.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Steven Appuliese City of Union City Department of Public Works Removal
In the Matter of Robert Black Central Reception Assignment Facility Department of Corrections Removal
Vickie Diaz NJ Veterans' Memorial Home at Vineland Department of Military and Veterans' Affairs (2) Suspensions
In the Matter of Elliot Dixon New Jersey State Prison Department of Corrections Removal
In the Matter of Orlando Gulley New Lisbon Developmental Center Department of Human Services Removal
In the Matter of Margaret Healey Division of Youth and Family Services Department of Human Services Removal
In the Matter of Brenda Hicks County of Burlington Office of the County Clerk (2) Suspensions
In the Matter of Tyrone James Newark Housing Authority Suspension
In the Matter of Martha Jameson Disability Determinations Department of Labor Release at the end of the working test period
In the Matter of Mary Susan Mahoney City of Wildwood Department of Public Safety and Public Affairs Demotion in lieu of layoff
In the Matter of Sal Matza County of Warren Detention Department Suspension
In the Matter of Dolores McBride Cumberland County Board of Social Services Removal
In the Matter of Marilyn Treusch Division of Parks and Forestry Department of Environmental Protection (2) Suspensions and Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements.
A-2 EARL ARMSTRONG
Earl Armstrong, Senior Correction Officer, New Jersey State Prison, Department of Corrections, removal effective October 22, 1999, on charges of conduct unbecoming a public employee and possession of a handgun without a permit.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes)
A-3 THOMAS DILORENZO
Thomas DiLorenzo, Police Officer, City of Atlantic City, Department of Public Safety, removal effective September 15, 1998, on charges of conduct unbecoming a public 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-4 WILLIAM T. ECKSTEIN, JR.
William T. Eckstein, Jr., Marine Mechanic, Division of State Police, Department of Law and Public Safety, release at the end of the working test period effective April 24, 1998.
Recommendation of the Administrative Law Judge - Reverse the release at the end of the working test period and grant appellant a new, full working test period.
ACTION: The Merit System Board directed that this matter be held over.
A-5 SALVATORE FORNAROTTO
Salvatore Fornarotto, County Correction Officer, County of Atlantic, Department of Public Safety, suspension for 10 days, on charges of standards of conduct, wearing or carrying badge, lying and official misconduct.
Recommendation of the Administrative Law Judge - Uphold the 10-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-6 JOSEPH GALLANT
Joseph Gallant, Police Officer, City of Newark, Police Department, removal effective June 16, 1997, on charges of criminal law and conduct.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes)
A-7 ARTHUR GENNARO, JR. (REMAND)
The City of Passaic petitions the Merit System Board for reconsideration of that portion of its final decision, rendered on July 21, 1998, which revived the eligible list for the sole purpose of considering Arthur Gennaro, Jr., for appointment. The matter was remanded to the Office of Administrative Law.
Recommendation of the Administrative Law Judge - Revise the previous decision of the Merit System Board to indicate that Mr. Gennaro's name was restored to the eligible list and the list expired on January 25, 1999.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-8 DERRICK GREEN (REMAND)
Derrick Green, Laborer, Township of Willingboro, Department of Community Development, removal effective August 10, 1998, on charges of inability to perform duties.
Recommendation of the Administrative Law Judge - Acknowledge the Settlement
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-9 MARK HAGANS
Mark Hagans, Sanitation Inspector, City of Newark, removal effective February 21, 1997, on charges of incompetency, inefficiency or failure to perform, insubordination, chronic and excessive lateness, conduct unbecoming a public employee and neglect of duty.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board directed that this matter be remanded to the Office of Administrative Law.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes)
A-10 JENNIFER HARRIS
Jennifer Harris, Institutional Attendant, County of Passaic, Preakness Hospital, suspension for 10 days, on charges of insubordination.
Recommendation of the Administrative Law Judge - Modify the 10-day suspension to a 7-day suspension.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to uphold the 10- day suspension.
A-11 JULIUS HOWARD, II
Julius Howard, II, Senior Correction Officer, Garden State Youth Correctional Facility, Department of Corrections, suspension for 90 days, on charges of incompetency, inefficiency, or failure to perform duties, neglect of duty.
Recommendation of the Administrative Law Judge - Reverse the 90-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-12 BOBBY JORDAN
Bobby Jordan, Senior Correction Officer, Department of Corrections, suspension for 30 days, on charges of insubordination.
Recommendation of the Administrative Law Judge - Uphold the 30-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-13 JOHN JORDAN
John Jordan, Assistant District Parole Supervisor, Department of Corrections, release at the end of the working test period effective September 1, 1997.
Recommendation of the Administrative Law Judge - Uphold the return the to the formerly held permanent title.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-14 BRUCE MILLER
Bruce Miller, Sheriff's Officer, County of Hudson, Sheriff's Department, suspension for 90 days, on charges of conduct unbecoming.
Recommendation of the Administrative Law Judge - Uphold the 90-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-15 BRUCE MILLER
Bruce Miller, Sheriff's Officer, County of Hudson, Sheriff's Department, suspension for 10 days, on charges of leaving assigned duty.
Recommendation of the Administrative Law Judge - Modify the 10-day suspension to a 5-day suspension and reimbursement of back pay.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-16 BRIAN OLIVER (REMAND)
Brian Oliver, Laborer, City of Trenton, Department of Public Works, removal effective July 30, 1997, on charges of insubordination and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes)
A-17 LINDA ROACH
Linda Roach, Cottage Training Technician, New Lisbon Developmental Center, Department of Human Services, (1) suspension for ten days, on charges of falsification: intentional misstatement of material fact in connection with work, attendance, record, report and violation of policy, procedure; and (2) removal effective January 4, 1997, on charges of being absent from work as scheduled without permission and without giving proper notice of intended absence.
Recommendation of the Administrative Law Judge - Reverse the suspension and uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-18 ANDREW THOMAS
Andrew Thomas, Family Service Worker, Essex County Department of Citizen Services (Welfare), removal effective March 14, 1997, on charges of chronic and excessive absenteeism, tardiness, incompetency, and inefficiency.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-19 EDWARD WILLIAMS
Edward Williams, Police Officer, City of Newark, Police Department, suspension for 30 days, on charges of criminal law, misconduct generally, misuse of official position, and conduct in public and private.
Recommendation of the Administrative Law Judge - Reverse the 30-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes)
A-20 JOHN HOWARD - SETTLEMENT
John Howard, County of Passaic, Sheriff's Department, removal effective February 11, 1997, on charges of neglect of duty. Settled to a resignation in good standing.
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)
A-21 MARCI ROTHSTEIN - SETTLEMENT
Marci Rothstein, New Jersey Department of the Treasury, removal effective July 24, 1998, on charges of conduct unbecoming a public employee, misuse of State property, violation of NJ Tax Statutes, failure to adhere to policies and procedures, written and unwritten, regarding the accessing of taxpayer records/information and violation of public trust. Settled to a resignation in good standing and back pay in the amount of $5,400. The Merit System Board at its meeting of September 12, 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 motion was made and seconded that the open session be recessed and that, pursuant to Section 12(b) of the Open Public Meetings Act, the Merit System Board entered into Executive Session for the purpose of legal advice on the matters of A-22 Katherine Bergman, B-30, Bergen County Utilities Authority Layoffs, B-31 Corey M. Coleman, B-32 Charlotte Jacoby, and B-33 Police Sergeant (PM3776V), City of Paterson.
A-22 KATHERINE BERGMANN
Katherine Bergmann, Unclassified Secretary, Warren County, Prosecutor's Office, removal, effective July 24, 1995. Appellant appealed the removal on the basis that it was done in reprisal. At its meeting on June 6, 2000, the Merit System Board directed that this matter be held over.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.
A-23 FRANCISCO MARTIN, JR.
Francisco Martin, Jr., County of Cumberland, County of Corrections resignation not in good standing effective October 31, 1997, on charges of chronic or excessive absenteeism or lateness, inability to perform duties and resignation not in good standing. Settled to the respondent modified resignation not in good standing to a 10-day suspension and appellant being placed on leave of absence from November 11, 1997 through December 5, 1999. Appellant will return to full duty and be reimbursed $2,000.00 for counsel fees, expert fees and court costs. This matter was presented to the Board on May 9, 2000, and the Board 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-24 RONALD E. SALLEY
Ronald E. Salley, Orange Housing Authority, suspension for 47 days and removal effective May 28, 1999, on charges of conduct unbecoming a public employee. Settled to the appellant being restored to employment in the title of Building Worker. The matter went to the Merit System Board on August 8, 2000 and was held over.
ACTION: The Merit System Board acknowledged the settlement.
SECTION B - MISCELLANEOUS MATTERS
B-1 JESSE DIAZ
Jesse Diaz appeals his rejection as a Sheriff's Officer by the County of Hudson 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-2 GERALD FREEMAN
Gerald Freeman, represented by Charles Uliano, Esq., appeals his rejection as a County Correction Officer candidate by the County of Monmouth and its request to remove his name from the subject eligible list on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be granted.
B-3 JOHN HERRING
John Herring, represented by Ronald L. Washington, Esq., 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-4 TYRONE JOHNSON
Tyrone Johnson appeals his rejection as a County Correction Officer by the County of Essex and its request to remove his 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-5 KAREN BALDWIN
Karen Baldwin, a Senior Clerk Typist with Rowan University, represented by Abby Demel-Brown, President, CWA Local 1031, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-6 SCOTT BARKER
Scott Barker, a Family Service Specialist 2 with the Division of Youth and Family Services, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board referred the matter to the Medical Examiners Panel.
B-7 MERLINE V. BILLS
Merline V. Bills, an Assistant Housekeeping Supervisor 2 with the New Jersey Veterans' Memorial Home at Paramus, Department of Military and Veterans' Affairs, represented by Benjamin Spivack, Senior Staff Representative, CWA Local 1040, appeals the denial of sick leave (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-8 LESLIE CURRINGTON
Leslie Currington, a Client Services Representative at the Ann Klein Forensic Center, Department of Human Services, represented by Jenna Gledhill, Staff Representative, CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted in part.
B-9 FERNANDO GOTAY
Fernando Gotay, a former 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-10 GRACE NINALTOWSKI
Grace Ninaltowski, a Cottage Training Technician with the Hunterdon Developmental Center, 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-11 CARL SCHWAB
Carl Schwab, a Senior Safety Inspector with the Department of Community Affairs, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-12 RODERICK SECOR
The Department of Corrections petitions the Merit System Board to reconsider its final decision rendered on June 5, 2000 granting sick leave injury (SLI) benefits to Roderick Secor, a Correction Sergeant at the Edna Mahan Correctional Facility for Women.
ACTION: The Merit System Board denied the request for reconsideration.
B-13 RODRICK L. ANDERSON
Rodrick L. Anderson, a Driver Aide with the Commission for the Blind and Visually Impaired, Department of Human Services, appeals the decision of the Assistant Commissioner for Human Resources, Department of Human Services, which found that there was not sufficient evidence to establish that he had been discriminated against on the basis of his race.
ACTION: The Merit System Board directed that this appeal be denied.
B-14 RICHARD ARE
The appointing authority appeals the determination of Human Resource Information Services which found that it had failed to present a sufficient basis to remove the name of Richard Are from the eligible list for Family Service Specialist Trainee (S6024O), Department of Human Services on the grounds that he did not possess a valid driver's license.
ACTION: The Merit System Board directed that this appeal be granted and Mr. Are's name be removed from the eligible list for Family Service Specialist Trainee (S6024O).
B-15 DANIEL ARNOLD
Daniel Arnold appeals the decision of Human Resource Information Services which upheld the Township of Long Beach's request for the removal of the appellant's name from the Police Officer (M3885Y) eligible list due to an unsatisfactory background check.
ACTION: The Merit System Board directed that this appeal be denied.
B-16 NATHAN CUMAR
Nathan Cumar appeals the request of the Department of Environmental Protection (DEP) appointing authority to remove his name from the Environmental Specialist Trainee (S0469A) 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-17 JUDITH DEMOUTHE
Judith Demouthe appeals the decision of Human Resource Information Services which found that the Department of Labor had presented a sufficient basis to remove appellant's name from the Vocational Rehabilitation Counselor (S1694T) eligible list for failure to appear for a scheduled interview.
ACTION: The Merit System Board directed that this appeal be denied.
B-18 BENEDICT C. NWAOHA
Benedict C. Nwaoha appeals the request of the Department of the Treasury appointing authority to remove his name from the Tax Representative Trainee (S6218A) 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-19 ABDUL RAHMAN SALEEM
Abdul Rahman Saleem appeals the decision of Placement Services which removed the appellant's name from the Sheriff's Officer Priority Hiring List #2 (C1692M), Essex County, due to the appellant's failure to respond to the notice of certification.
ACTION: The Merit System Board directed that this appeal be granted.
B-20 BUSINESS MANAGER (M6367O) AND CHIEF ADMINISTRATIVE SERVICES (M0463O), JERSEY CITY LIBRARY
The appointing authority requests permission not to make an appointment from the certifications for Business Manager (M6367O) and Chief, Administrative Services (M0463O), Jersey City Library. James Bolden, represented by Dena E. Epstein, Esq., opposes the request for an appointment waiver for Business Manager (M6367O) and requests counsel fees. The request for an appointment waiver for Business Manager (M6367O) was held over from the August 29, 2000 Board meeting for further review.
ACTION: The Merit System Board denied the request for an appointment waiver for Business Manager (M6367O) and ordered the appointing authority to make an appointment from the eligible list. The Merit System Board granted the request for an appointment waiver for Chief, Administrative Services (M0463O) but assessed $2,000 in compliance costs. The Merit System Board also denied Mr. Bolden's request for counsel fees.
B-21 COMMUNITY RELATIONS AIDE (M0815W), JERSEY CITY
The appointing authority requests permission not to make an appointment from the certification for Community Relations Aide (M0815W), Jersey City.
ACTION: The Merit System Board granted the request for an appointment waiver but assessed one-half the costs.
B-22 PROGRAM SUPPORT SPECIALIST 3, ASSISTANCE PROGRAMS (S6138W), DEPARTMENT OF THE TREASURY
The State Department of the Treasury requests permission not to make an appointment from the certification for Program Support Specialist 3, Assistance Programs (S6138W).
ACTION: The Merit System Board directed that this matter be held over.
B-23 SHERIFF'S OFFICER (S9999A) AND ALFRED C. GOLLUSCIO, SHERIFF'S OFFICER, WARREN COUNTY
The Office of the Sheriff, Warren County (Sheriff), requests permission not to make an appointment from the certification for Sheriff's Officer (S9999A), Warren County. In addition, it requests a relaxation of N.J.A.C. 4A:4-1.7, which governs temporary appointments in State and local government service, to allow Alfred C. Golluscio, a Sheriff's Officer, to work in a temporary status not to exceed an aggregate of six months in a two-year period.
ACTION: The Merit System Board granted the request.
B-24 JOHN LIRA
John Lira, represented by Anthony J. Fusco, Jr., Esq., requests back pay, seniority and benefits as a result of the City of Passaic's action in reinstating him to the position of Police Officer, rather than to his former position of Police Sergeant, upon his return to active duty from disability retirement effective October 5, 1997.
ACTION: The Merit System Board directed that this appeal be denied.
B-25 HUDSON COUNTY HOSPITAL ATTENDANTS
District 1199J (union), represented by Gail Oxfeld Kanef, Esq., on behalf of a number of laid-off Hudson County Hospital Attendants, requests enforcement of the layoff seniority determinations of the Department of Personnel in regard to appointments from the Hospital Attendant special reemployment list.
ACTION: The Merit System Board directed that this appeal be denied.
B-26 STEPHEN JANETTA
Stephen Janetta, a former Youth Worker with the Division of Youth and Family Services, Department of Human Services, request enforcement of that part of the Merit System Board decision rendered on December 3, 1996, granting him back pay for the period following his six-month suspension, i.e., from July 25, 1996 to January 24, 1997, the date he was offered reinstatement. In addition, appellant seeks interest on his award.
ACTION: The Merit System Board granted the request in part and ordered the appointing authority to pay appellant the sum of $8,450.16 in back pay, but denied the request for interest.
B-27 ANDREW KULLEN
Andrew Kullen, a former County Correction Officer with the Gloucester County Sheriff's Office, represented by Anthony J. Fusco, Jr., Esq., petitions the Merit System Board for interim relief of his immediate suspension, effective August 18, 1999.
ACTION: The Merit System Board granted in part the request for interim relief.
B-28 MICHAEL BLANCHARD
Michael Blanchard petitions the Merit System Board for reconsideration of the decision rendered on April 20, 1999 which, except for the problem solving dimension of the analysis presentation exercise, denied his appeal regarding his score on the promotional examination for Battalion Fire Chief (PM1077U), Jersey City.
ACTION: The Merit System Board directed that this appeal be denied.
B-29 JAMES FALKOWSKI
James Falkowski, a Police Officer with the Police Department of the Township of Long Beach, represented by Michael A. Bukosky, Esq., seeks reconsideration of the Merit System Board decision rendered on January 11, 2000, denying him back pay, benefits and seniority for the period from April 7, 1995, the date of his termination, to December 14, 1998, the date of his reinstatement. In addition, he requests an assessment of fines against the Township, interest on his back pay award and counsel fees for enforcement of this matter.
ACTION: The Merit System Board granted the request for reconsideration in part and ordered the appointing authority to pay appellant the gross amount of $136,172.50 in back pay and provide him with his benefits and seniority for the period in question. Additionally the Merit System Board awarded counsel fees for enforcement of this matter, however, the Board denied fines and interest on the back pay award.
B-30 BERGEN COUNTY UTILITIES AUTHORITY LAYOFFS
The appeal of Local 534, Utility Workers Union of America (Local 534), on behalf of employees of the Bergen County Utilities Authority (BCUA), and other employees individually (collectively "Appellants"), of their layoff effective October 1995, was heard by Administrative Law Judge Stephen G. Weiss (ALJ), who rendered his initial decision on July 24, 2000, upholding the layoffs and granting back pay to certain employees. At its meeting on August 29, 2000, the Board adopted the ALJ's recommendation to uphold the layoffs and grant back pay to certain employees. 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)
B-31 COREY M. COLEMAN
The appeal of Corey M. Coleman, an Electrician with the Newark School District (District), of his 20-day suspension on charges, was heard by Administrative Law Judge Edith Klinger (ALJ), who rendered her initial decision on July 19, 2000. At its meeting on August 29, 2000, the Merit System Board adopted the ALJ's recommendation to uphold the 20-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 (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Abstained) Judith L. Shaw (Abstained)
B-32 CHARLOTTE JACOBY
The appeal of Charlotte Jacoby, a Residential Living Specialist at Vineland Developmental Center, Department of Human Services, of her removal effective January 22, 2000 on charges, was heard by Administrative Law Judge Joseph Lavery, who rendered his initial decision on July 14, 2000, upholding the removal. At its meeting on August 29, 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 final decision.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Abstained) Judith L. Shaw (Abstained)
B-33 POLICE SERGEANT (PM3776V), CITY OF PATERSON
The petition of Police Officer Troy Oswald, Ronald Altmann, Mason Maher, Steve Oliver and John Robb (challengers) for the removal of the names of Police Sergeants Marco Catania and James Durkin from the Police Sergeant (PM3776V), City of Paterson (City) eligible list was heard by Administrative Law Judge Michael L. Ravin (ALJ), who rendered his initial decision on July 3, 2000. At its meeting on August 29, 2000, the Merit System Board adopted the ALJ's recommendation to dismiss the petitions on summary decision. 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)
B-34 LISA BILES
Lisa Biles, a Senior Probation Officer, appeals the determination of her PAR grievance by the Judiciary.
ACTION: The Merit System Board directed that this appeal be denied.
B-35 AMERICO ARZOLA
Americo Arzola appeals his ineligibility for the Entry Level Law Enforcement examination for various titles (S9999B).
ACTION: The Merit System Board directed that this appeal be denied.
B-36 RICHARD BIZZARI
Richard Bizzari appeals his ineligibility for the open- competitive examination for Fire Instructor (C2002A), Morris County.
ACTION: The Merit System Board directed that this appeal be denied.
B-37 WILLIAM BANGHART
William Banghart appeals his ineligibility for the open competitive examination for Fire Instructor (C2002A), Morris County.
ACTION: The Merit System Board directed that this appeal be denied.
B-38 FRANK BROOKS
Frank Brooks appeals the determination of the Division of Selection Services which found that he did not meet the announced residency requirements for the open competitive examination for Principal Planner (M1141A), City of Plainfield.
ACTION: The Merit System Board directed that this appeal be denied.
B-39 FRANCES M. COSTA AND RAYMOND N. SWEENEY, JR.
Frances M. Costa and Raymond N. Sweeney, Jr. appeal the determination of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Supervisor, Standards and Procedures (PS9024H), Department of Health and Senior Services.
ACTION: The Merit System Board directed that this appeal be granted.
B-40 WILLIAM CRAFT
William Craft 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 Program Development Specialist 3 (Energy Conservation) (S6159W).
ACTION: The Merit System Board directed that this appeal be denied.
B-41 JOANN T. DIEHL, ET AL.
Joann T. Diehl, Laura Gernhardt, and Janice Steward appeal the determination of the Division of Selection Services, which found that per the substitution clause for education they were below the minimum requirements in experience for the promotional examination for Administrative Analyst 2 (PS7340K), Department of Human Services.
ACTION: The Merit System Board directed that these appeals be denied.
B-42 DANIEL FOERST
Daniel Foerst 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 Occupational Safety Consultant 1 (S0427A).
ACTION: The Merit System Board directed that this appeal be denied.
B-43 THELMA FORD
Thelma Ford appeals the determination of the Division of Selection Services which found that appellant did not meet the experience requirements for the promotional examination for Field Service Supervisor 2, Medical Assistance/Health Services (PS4344K), Division of Medical Assistance and Health Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-44 DONNA Y. FRIZINO
Donna Y. Frizino appeals the determination of the Division of Selection Services, which found that per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Administrative Analyst 2 (Fiscal Management) (PS7746K), Department of Human Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-45 FRANK GREGORY
Frank Gregory, represented by Sidney Lehmann, Esq., appeals the removal of his name by the City of Jersey City appointing authority as a result of a certification due to the fact that he did not meet the age requirements, by law, for the Law Enforcement Candidate Record (LECR) (S9999W) examination for various titles.
ACTION: The Merit System Board directed that this appeal be denied.
B-46 HUMBERTO W. GUTIERREZ
Humberto W. Gutierrez appeals the determination of the Division of Selection Services, which found that he did not meet the education and experience requirements for the open competitive examination for Field Representative, Housing (Housing Assistance Program) (S0277O).
ACTION: The Merit System Board directed that this appeal be denied.
B-47 TINA GUTIERREZ-BELL
Tina Gutierrez-Bell appeals the determination of the Division of Selection Services, which found that she was ineligible because her application was postmarked after the closing date for the open competitive examination for Senior Technician Management Information Systems (S6251A).
ACTION: The Merit System Board directed that this appeal be denied.
B-48 HUSSAIN HAQQ
Hussain Haqq 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 Social Worker 2 (S0396A).
ACTION: The Merit System Board directed that this appeal be denied.
B-49 VALERIE L. HAYNES
Valerie L. Haynes appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Administrative Analyst 2 (PS8234R), Board of Public Utilities.
ACTION: The Merit System Board directed that this appeal be denied.
B-50 MICHAEL HOFMANN, JR.
Michael Hofmann, Jr. appeals his ineligibility for the open- competitive examination for Fire Protection Inspector (M2121A), Freehold Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-51 KENNETH KANDRAC
Kenneth Kandrac appeals his ineligibility for the examination for Fire Officer 1 (PM2508B), North Hudson Regional Fire and Rescue Service.
ACTION: The Merit System Board directed that this appeal be denied.
B-52 STEPHAN R. KELLY
Stephan R. Kelly appeals the decision of Human Resource Information Services which determined that he could not change his residency for Law Enforcement Candidate Record (LECR) examinations for various titles (S9999W).
ACTION: The Merit System Board directed that this appeal be denied.
B-53 DEVANAND KSHATRIYA
Devanand Kshatriya 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 Computer Service Technician (M0796W), Jersey City School District.
ACTION: The Merit System Board directed that this appeal be denied.
B-54 JENNY LAN
Jenny Lan appeals the determination of the Division of Selection Services, which found that per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Accountant 2 (PS8824K), Department of Human Services.
ACTION: The Merit System Board directed that this appeal be granted.
B-55 MICHAEL J. LE SANE
Michael J. Le Sane 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 Emergency Medical Services Technician (S6270A).
ACTION: The Merit System Board directed that this appeal be denied.
B-56 DENNIS R. MCCOOL
Dennis R. McCool appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for General Supervisor Road (PC2030A), Gloucester County.
ACTION: The Merit System Board directed that this appeal be denied.
B-57 AMANDA SANCHEZ
Amanda Sanchez appeals the determination of the Division of Human Resource Management, which found that she was ineligible for the promotional examination for Education Program Assistant 2 (PS8738K), Commission for the Blind and Visually Impaired.
ACTION: The Merit System Board directed that this appeal be denied.
B-58 THOMAS SIMMONS
Thomas Simmons appeals his ineligibility for the open- competitive examination for Fire Instructor (C2001A), Bergen County.
ACTION: The Merit System Board directed that this appeal be denied.
B-59 VICKI R. TILGHMAN-ANSLEY
Vicki R. Tilghman-Ansley appeals the determination of the Division of Selection Services which found that she was ineligible for the promotional examination for Executive Assistant 2 (PS8592T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be granted.
B-60 DEBORAH WALKER
Deborah Walker appeals the determination of the Division of Selection Services which found that she did not meet the announced residency requirements for the open competitive examination for Historic Site Interpreter (C6678A), Monmouth County.
ACTION: The Merit System Board directed that this appeal be denied.
B-61 DWAYNE WALLACE
Dwayne Wallace appeals the determination of the Division of Selection Services which found that appellant did not meet the residency requirements for the open-competitive examination for Entry Level Law Enforcement examination (S9999B).
ACTION: The Merit System Board directed that this appeal be denied.
B-62 JOHN BENDER, JR.
John Bender, Jr., appeals his score on the examination for Deputy Fire Chief (PM0002W), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-63 JAMES CHEESMAN, ET AL.
James Cheesman, Edwin Johnson, Kimberly Kugler, Robert McQuade Jr., and Victor Torres appeal their scores for the Law Enforcement Candidate Record (LECR) (S9999A) examination for various titles.
ACTION: the Merit System Board directed that these appeals be denied.
B-64 WALTER FURTNEY
Walter Furtney petitions the Merit System Board for reconsideration of its decision rendered on April 18, 2000 in which his request for admittance to the examination for Fire Chief (PM3545A), Elizabeth was denied.
ACTION: the Merit System Board denied the request.
B-65 ANTHONY GOODELL
Anthony Goodell appeals his rank and score for the Law Enforcement Candidate Record (LECR) examination (S9999A) for various titles.
ACTION: The Merit System Board directed that this appeal be denied.
B-66 MARK KALINUK
Mark Kalinuk appeals his score for the Law Enforcement Candidate Record (LECR) (S9999A) examination for various titles.
ACTION: the Merit System Board directed that this appeal be denied.
B-67 STEVEN KOHANSKY
Steven Kohansky appeals the seniority score of other candidates on the eligible list for the examination for Police Lieutenant (PM2596A), Millville City.
ACTION: The Merit System Board directed that this appeal be denied.
B-68 CESAR LEDUC
Cesar Leduc appeals the decision of the Division of Selection Services which found that he failed to achieve a passing score on the Probation Officer Bilingual Spanish/English (S0441A), open-competitive examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-69 EDWARD SHAPIRO
Edward Shapiro appeals his score for the examination for Police Captain (PM3567A), Union Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-70 DAVID SUAREZ
David Suarez appeals his score for the examination for Police Lieutenant (PM1348W), Camden City.
ACTION: The Merit System Board directed that this appeal be denied.
B-71 WOODROW KEY, JR.
Woodrow Key, Jr. appeals the validity of the examination for Police Sergeant (PM2571A), Plainfield.
ACTION: The Merit System Board directed that this appeal be denied.
B-72 RONALD BOOTH
Ronald Booth appeals the administration of the promotional examination for Police Lieutenant (PM3852V), Winslow Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-73 GLORIA DAVIS
Gloria Davis appeals the administration of the Law Enforcement Candidate Record (LECR) examination (S9999A).
ACTION: The merit System Board directed that this appeal be denied.
B-74 PATRICK HALL, ET AL.
Patrick Hall, William Olson, Raymond Massi, James Phillips and Cassandra Smith appeal the administration of the examination for Police Captain (PM3581A), City of Camden.
ACTION: The Merit System Board directed that these appeals be denied.
B-75 DALE HOLMES
Dale Holmes appeals the administration of the promotional examination for County Service Specialist (PM8284K), Department of Human Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-76 JUVONDA JACKSON
Juvonda Jackson appeals the administration of the promotional examination for County Correction Sergeant (PC2560A), Hudson County.
ACTION: The Merit System Board directed that this appeal be denied.
B-77 FELIX RIVERA
Felix Rivera appeals the administration of the bilingual portion of the examination for Juvenile Detention Officer (S9999W).
ACTION: The Merit System Board directed that this appeal be denied.
B-78 WILSON TOWNES, ET AL.
Wilson Townes, Huntley Wallace and Rudy Walz appeal the administration of the examination for Correction Sergeant (PS7099I), Department of Corrections.
ACTION: The Merit System Board directed that these appeals be denied.
B-79 BRUCE WYDER
Bruce Wyder appeals the administration of the written examination for Correction Sergeant (PS7099I), Department of Corrections.
ACTION: The Merit System Board directed that this appeal be denied.
B-80 JAMES COWAN
James Cowan, represented by Arnold Lakind, Esq., appeals the decision of the Division of Selection Services denying his request for a make-up examination for Police Sergeant (PM2528A), Jersey City.
ACTION: The Merit System Board directed that this appeal be granted.
B-81 NORMAN LEVINE
Norman Levine requests a make-up for the oral portion of the Police Captain (PM3575A), Teaneck promotional examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-82 ANTHONY HORATH
Anthony Horath appeals the determination of the Division of Selection Services that he did not file an application for the Entry Level Law Enforcement examination (S9999B).
ACTION: The Merit System Board directed that this appeal be denied.
B-83 FRANK PERRINI
Frank Perrini appeals the determination of the Division of Selection Services that he did not file an application for the Entry Level Law Enforcement (S9999B) examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-84 NATHANIEL AMBOS, ET AL.
Nathaniel Ambos, Dean Dakin, Cristopher Gough and Johnie Williams appeal their veterans' preference determination and their rank on the list for the Law Enforcement Candidate Record (LECR) (S9999A) examination for various titles.
ACTION: The Merit System Board directed that these appeals be denied.
B-85 KERRY COLEY
Kerry Coley appeals his veterans' preference determination and his rank on the list for Police Sergeant (PM2537A), Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-86 CHARLES PENDLYSHOK
Charles Pendlyshok appeals his veterans' preference determination and rank on the list for the Analyst 1 Research and evaluation, Health and Senior Services (S0473A).
ACTION: The Merit System Board directed that this appeal be denied.
B-87 MARY BAIRD
Mary Baird appeals ten questions on the examination for Occupational Safety Consultant 2 (S0428A).
ACTION: The Merit System Board directed that this appeal be denied.
B-88 AKIRA JONES
Akira Jones appeals a group of questions on the examination for Correction Sergeant (PS7099I), Department of Corrections.
ACTION: The Merit System Board directed that this appeal be denied.
B-89 JOHN H. BOWERS AND AARON DIXON
John H. Bowers and Aaron Dixon appeal the determination of the Division of Human Resource Management, which found that they were not permanent in a title to which the examination was open for Sewage Plant Operator (PC0630A), Camden County Municipal Utilities Authority.
ACTION: The Merit System Board directed that these appeals be denied.
B-90 MICHAEL BUDINICK, ET AL.
Michael Budinick, Jonathan Gamutan, Gary Garvin, Joseph Novembre, Shawn O'Connor, Arthur Revel and Guido Salandra appeal the decisions of the Division of Human Resource Management which found that they lacked the required amount of permanent status in a title to which the examination was open for Fire Captain (PM3588A), Jersey City.
ACTION: The Merit System Board directed that these appeals be denied.
B-91 ELEANOR CHIARAMONTI AND DOLORES EWANIS
The Director, Division of Selection Services requests that out-of-title work performed by Eleanor Chiaramonti and Dolores Ewanis be accepted in order to admit them to a prospective promotional examination for Investment Technician.
ACTION: The Merit System Board granted the request.
B-92 JAMES HENNIG
James Hennig, a Family Service Specialist III with the Department of Human Services, Division of Youth and Family Services, appeals the denial of a paid leave of absence for military duty by his appointing authority.
ACTION: The Merit System Board directed that this appeal be denied.
B-93 MICHAEL AANONSEN, ET AL.
Michael Aanonsen, Angelo Ariza, Steven Beck, Andrew Bryant, Ruddy Castillo, Michael Cherry, Norris Colson, Albert Coppolino, Angelo Cruz, Tywane Diggs, Emil Donofrio, Richard Drakeford, William Erney III, Quantrill Eversley, Rafael Freitas, Angel Gaetan, AlexanderGarcia, Anthony Genovese, Luis Gradaille, William Hamilton, Joey Harrison, Craig Hintzen, Andrew Jemmott, Sean Keenan, Rodney Law, Keith Lewis, Joseph Liberti, Jason Lombardi, Pablo Lopez, Jr., Anthony Martini, Michael Masters, Katherine Matos, Willie McBride, Jr., Alexander Ortiz, Alfonso Rivas, Jr., Hector Rivera, James Robinson, David Rodriguez, Noel Roman, Michael Rosa, Gregory Rubino, Carlos Santos, Albert Sarden, Matthew Service, Jeffrey Sheridan, John Strittmatter, James Witzel and Carlos Zabaleta appeal their scores for the written cognitive portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that these appeals be denied.
B-94 WILLIAM ABRAMS, ET AL.
William Abrams, Eric Kayser, Ian Nunez, William Urbanski and Lawrence Woodcock appeal their scores for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that these appeals be denied.
B-95 STEPHEN ADZIMA
Stephen Adzima appeals his score for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-96 ROBERT ARMENTO, ET AL.
Robert Armento, Ronald Calhoun, George Collette Jr., and James Dodimead appeal their scores for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that these appeals be denied.
B-97 DAVID AUERBACH
David Auerbach appeals his score for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-98 SHONDEL BARNES, ET AL.
Shondel Barnes, Roseanne Chritchley, Aisha Davis, Terry Del Vecario, Diane Jackson, Karla Schoener and Leonard Watt appeal their scores for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that these appeals be denied.
B-99 JENNIFER BATTAGLIA, ET AL.
Jennifer Battaglia, Keisha Boyd, Ellen DeSimone and Tammy Travis appeal their scores for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that these appeals be denied.
B-100 YULANDA BENOIT
Yulanda Benoit appeals her score for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-101 MICHAEL BYRD
Michael Byrd appeals his score for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-102 PHILIP CARROLL, ET AL.
Philip Carroll, Donovan Gasbarro, Jon Lione, Carlos Lugo, Nicola Torrillo, and Nicolas Nunez appeal the administration of the written portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that these appeals be denied.
B-103 JOHN CELENTANO, JR., ET AL.
John Celentano, Jr., Bernard Crammer III, Kristopher Eliasz, Peter Ingham, Matthew Musicant, Maurice Percell and William Richardson, Jr., appeal their scores for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-104 THOMAS CIMINO, JR., ET AL.
Thomas Cimino, Jr., Michael Haws, and Jason York appeal the administration of the written portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that these appeals be denied.
B-105 ANDREW CSENGETO, ET AL.
Andrew Csengeto, Aslan Perez, Curtis Taylor and Robert Taylor appeal their scores for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that these appeals be denied.
B-106 BENVENUTO DELGRANDE JR., ET AL.
Benvenuto Delgrande Jr., Stacey Johnson, Donald Moore, David Popick and Mark Sciarra appeal their scores for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that these appeals be denied.
B-107 STACEY DIESSNER, ET AL.
Stacey Diessner, Christina Miner, Lydia Santiago, Holly Vigilante and Melissa Whitley appeal their scores for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that these appeals be denied.
B-108 NORMAN FIGUEROA, III
Norman Figueroa, III appeals his score for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-109 DAVID GERALD
David Gerald appeals his score for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-110 NATALIE GREER-WILLIAMS
Natalie Greer-Williams appeals her score for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-111 SARITA JOHNSON
Sarita Johnson appeals her score for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-112 KATHLEEN KIRVAN
Kathleen Kirvan appeals her score for the examination for Fire Fighter (M0791U), Mount Laurel Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-113 NICOLE KOLDYK
Nicole Koldyk appeals her score for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-114 JOSEPH LAWRENCE
Joseph Lawrence appeals his score for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-115 DAVID LINFANTE, ET AL.
David Linfante, Shuane Lugo, Gregory Lucas, John Mazukewicz, Herman Patric and Michael Ryan appeal their scores for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that these appeals be denied.
B-116 STEPHEN MALLARDI, Jr.
Stephen Mallardi, Jr. appeals his score for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-117 DAVID SANTOS
David Santos appeals his score for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-118 SANTOS SANTOS, III
Santos Santos, III, appeals his score for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-119 ALETHIA SMITH
Alethia Smith appeals her score for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-120 HARRY TOMLIN, JR.
Harry Tomlin, Jr., appeals his score for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-121 JOAO VIVEIROS
Joao Viveiros appeals his ineligibility for the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-122 REBECCA WALKER
Rebecca Walker appeals her score for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-123 SHANNON WECKEL
Shannon Weckel appeals her score for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-124 EDWARD WILLIAMS
Edward Williams appeals his score for the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-125 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of September 12, 2000 are submitted for adoption.
ACTION: The Merit System Board adopted its minutes of the meeting of September 12, 2000.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Abstained) Judith L. Shaw (Yes)
B-126 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 for Supervising Medical Review Analyst (SMRA) (PS2935K), Division of Medical Assistance and Health Services, Department of Human Services. It is noted that this matter was held over from the Board's May 9, 2000 meeting.
ACTION: The Merit System Board directed that this appeal be denied, but ordered the promotional list for Supervising Medical Review Analyst (PS2935K) list be revived and extended for one year.
B-127 BLANCA OHLER
Blanca Ohler, Director, Community Development Programs with the City of Trenton, represented by Mark Rosenbaum, Esq., requests clarification of the Merit System Board decision, rendered June 20, 2000, which granted her interim relief in regard to her immediate suspension in the form of back pay for the period from June 18, 2000 until the actual date of the departmental hearing.
ACTION: The Merit System Board denied the request.
B-128 IRENE BALLANCE
Irene Ballance appeals the determination of the Division of Selection Services, which found that she did not meet the education and experience requirements for the open competitive examination for Senior Data Control Clerk (M6403O), Jersey City School District.
ACTION: The Merit System Board directed that this appeal be granted.
B-129 TUWANA R. BROWN, ET AL.
Tuwana R. Brown, Priscilla Risoldi, Irma Rivera, Sharyon Southard, and Marlene Waldron appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for the promotional examination of or Technical Assistant 3 (PS4990U), Office of Student Assistance.
ACTION: The Merit System Board directed that these appeals be granted.
B-130 EARLY SETTLEMENTS
Cynthia Brown Department of Transportation 10-day suspension
Ronal Cole Greenbrook Regional Center Department of Human Services 15-day suspension
Tammy Faust Senator G. W. Hagedorn Psychiatric Hospital Department of Human Services Removal
Daniel L. Love Woodbine Developmental Center Department of Human Services Removal
Tina Mutcherson Vineland Developmental Center Department of Human Services Release at the end of the working test period
Carolina Odell Ancora Psychiatric Hospital Department of Human Services 30-day suspension
George F. Vaneman, Sr. Rowan University Indefinite suspension and 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 Wednesday, October 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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