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Meeting Minutes of November 14, 2000
Janice Mitchell Mintz, Chairwoman
Alan Dexter Bowman
Margaret E. L. Howard
Judith L. Shaw
Leo R. Vartan
A regular meeting of the Merit System Board was held on
Tuesday, November 14, 2000, in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz and Lewis A.
Scheindlin, Acting Chairman; Merit System Board Members, Alan
Dexter Bowman, Margaret E. L. Howard, Judith L. Shaw and Leo
Vartan; Elizabeth Laufer, Deputy Attorney General; and Henry
Maurer, Director, Division of Merit System Practices and Labor
Relations.
In accordance with L.1975, c.231, Chairwoman Janice Mitchell
Mintz, 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 October 30, 2000 and posted at the Department of
Personnel, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise
specified.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Marie L. Beaubrun
County of Monmouth
Health Care Facilities
Suspension
In the Matter of Alvin Branch
City of Newark
Water and Sewer Utility Department
Suspension
In the Matter of Robert Casey, Jr.
Mountainview Youth Correctional Facility
Department of Corrections
Resignation not in good standing
In the Matter of Juanita Cobbs
County of Essex
Department of Citizen Services
Removal
In the Matter of Jacqueline Distaso
Monmouth County Library
Release at the end of the working test period
In the Matter of Patrick Hanrahan
City of Newark
Police Department
Suspension
In the Matter of Joseph Hungerbuhler
Vineland School District
Board of Education
Removal
In the Matter of Colleen Murray, Devin Hart
And Carol Kapurelos
Township of Lower
Department of Public Safety
Layoff
In the Matter of Frank Maxwell
Department of Environmental Protection
Grievance
In the Matter of Frank S. Minor
County of Burlington
Department of Corrections
Release at the end of the working period test
In the Matter of Sally Nolen
County of Monmouth
Health Care Facilities
Suspension
In the Matter of Augustine Okopie
Greystone Psychiatric Hospital
Department of Human Services
Removal
In the Matter of Eugene Tatur
Township Wood-Ridge
Department of Public Works
Removal
In the Matter of Roberto Velez
City of Newark
Police Department
Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE
CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the
settlements.
A-2 BAZYT BERGUS (CONSOLIDATION)
Bazyt Bergus, Police Sergeant, City of Newark, removal
effective August 19, 1998, on charges of criminal law,
conduct, use of force, language, neglect of duty, acts of
omissions, aiding or abetting, police uniform and official
inefficiency or incompetence.
Recommendation of the Administrative Law Judge - Reverse the
removal.
ACTION: The Merit System Board directed that this matter
be held over.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)
A-3 BRUCE BLAND
Bruce Bland, Practical Nurse, Ancora Psychiatric Hospital,
Department of Human Services, suspension for 90 days, on
charges of negligence in performing duties and
falsification.
Recommendation of the Administrative Law Judge - Uphold the
90-day suspension.
ACTION: The Merit System Board remanded the matter to the
Office of Administrative Law.
A-4 KAREN BREVOGEL
Karen Brevogel, Senior Practical Nurse, County of
Burlington, Buttonwood Hospital, removal effective April 22,
1998, on charges of incompetence, inefficiency or failure to
perform duties; conduct unbecoming a public employee; and
neglect of duty.
Recommendation of the Administrative Law Judge - Modify the
removal to a 90-day suspension.
ACTION: The Merit System Board directed that this matter
be held over.
A-5 BENJAMIN BYRD
Benjamin Byrd, Senior Correction Officer, Bayside State
Prison, Department of Corrections, removal effective May 7,
1999, on charges of performance, incapacity to discharge
one's duty due to mental or physical disability and general
causes.
Recommendation of the Administrative Law Judge - Modify the
removal to a resignation in good standing.
ACTION: The Merit System Board remanded the matter to the
Office of Administrative Law.
A-6 BYRON FORMAN
Byron Forman, Senior Building Maintenance Worker, Woodbine
Developmental Center, removal effective June 3, 1998 and
resignation not in good standing effective June 10, 1998, on
charges of conviction of a crime, conduct unbecoming a
public employee, and abandonment of position.
Recommendation of the Administrative Law Judge - Uphold the
removal and the resignation not in good standing.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-7 ABRAHAM LEWIS
Abraham Lewis, Laborer, City of Trenton, Department of
Public Works, resignation not in good standing effective
March 17, 1998, on charges of inability to perform duties.
Recommendation of the Administrative Law Judge - Modify
resignation not in good standing to a resignation in good
standing.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)
A-8 MILDRED LIGHTFOOT
Mildred Lightfoot, Personnel Aide 1, Ancora Psychiatric
Hospital, Department of Human Services, resignation not in
good standing effective June 2, 1999, on charges abandoning
her position.
Recommendation of the Administrative Law Judge - Reverse the
resignation not in good standing.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-9 JOSEPH NACE
Joseph Nace, County Correction Sergeant, County of Warren,
Department of Corrections, suspension for 10 days, on
charges of personal leave and failure to report misconduct
of another employee.
Recommendation of the Administrative Law Judge - Reverse the
10-day suspension.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-10 JEAN C. PROPHETE
Jean C. Prophete, Police Officer, City of Orange, Police
Department, fine of $2,008.78 equal to 10 days pay, on
charges of insubordination.
Recommendation of the Administrative Law Judge - Uphold the
fine of $2,008.78 equal to 10 days pay.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-11 TAMMY SYKES
Tammy Sykes, Clerk Typist, Newark Housing Authority,
suspension for 15 days, on charges of misuse of property and
conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Reverse the
15-day suspension.
ACTION: The Merit System Board remanded the matter to the
Office of Administrative Law.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)
A-12 SOBHA BENJAMIN - SETTLEMENT
Sobha Benjamin, Graduate Nurse, County of Atlantic,
Department of Human Services, Initial release at the end of
the working test period effective December 9, 1999.
Settled to a resignation in good standing and lump sum
payment of $5,000.
Recommendation of the Administrative Law Judge -
Acknowledgement settlement
ACTION: The Merit System Board acknowledged the
settlement.
A-13 LOUIS WILSON - SETTLEMENT
Louis Wilson, Truck Driver, City of Newark, Department of
Neighborhood Services, Initial suspension for 142 days, on
charges of incompetence, inefficiency or failure to perform
duties, insubordination, inability to perform duties and
conduct unbecoming a public employee. It is noted that the
appellant was removed following criminal indictment and
subsequently completed Pre-Trial Intervention. Settled to a
142-day suspension (time served), returned to work and
placed on a leave of absence from 1/15/99 until the start of
work.
Recommendation of the Administrative Law Judge -
Acknowledgement settlement
ACTION: The Merit System Board acknowledged the
settlement.
A-14 JAMES PIZZULLO
James Pizzullo, Police Sergeant, Township of Hamilton,
Department of Public Safety, suspension for 30 days and
demotion to the position of Police Officer, on charges of
neglect, performance of duty, obedience of laws and
regulations and truthfulness. The matter was presented to
the Board at its October 11, 2000 meeting. The Board held
the matter over at the meeting for a summary of testimony.
Recommendation of the Administrative Law Judge - Uphold the
30-day suspension and the demotion to the position of Police
Officer.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
SECTION B - MISCELLANEOUS MATTERS
B-1 ANTHONY P. BOFFA
Anthony P. Boffa, represented by Craig S. Gumpel, Esq.,
appeals his rejection as a Fire Fighter candidate by the
Township of Millburn and its request to remove his name from
the eligible list for Fire Fighter on the basis of
psychological unfitness to perform effectively the duties of
the position.
ACTION: The Merit System Board referred the matter for
independent evaluation.
B-2 DIONISIO RAMOS
Dionisio Ramos, represented by Paul Bergrin, Esq., appeals
his rejection as a Police Officer candidate by the City of
Newark 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.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)
B-3 KENNETH E. ROMAN
Kenneth E. Roman, represented by Craig S. Gumpel, Esq.,
appeals his rejection as a Fire Fighter candidate by the
City of Elizabeth and its request to remove his name from
the eligible list for Fire Fighter 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 HAROLD SHIPMAN
Harold Shipman appeals his rejection as a Sheriff's Officer
candidate by the County of Hudson 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 GEORGE WALLACE
George Wallace, represented by Robert Fagella, Esq., appeals
his rejection as a Fire Fighter candidate by the City of
Plainfield and its request to remove his name from the
eligible list for Fire Fighter 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-6 JOSEPH L. KLAWITTER
Joseph L. Klawitter appeals the request by the Department of
Corrections to remove his name from the Correction Officer
Recruit (S9999A) 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 PEDRO GUZMAN
Pedro Guzman, 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-8 PATRICIA HUGHES
Patricia Hughes, formerly a Graduate Nurse, 12 Months, with
Ancora Psychiatric Hospital, Department of Human Services,
represented by Jenna Gledhill-Huff, 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-9 DOUGLAS PARKS
Douglas Parks, a Senior Police Officer, Health Care
Facilities with the Department of Human Services,
represented by Sanford R. Oxfeld, Esq., appeals the denial
of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-10 GENEVA PETERS
Geneva Peters, a Technician, Management Information Systems
with the Department of the Treasury, represented by Gaye
Palmer, Staff Representative, CWA Local 1033, appeals the
denial of additional sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-11 ROBERT B. REILLY
Robert B. Reilly, a Construction and Maintenance Technician
3 with the Department of Transportation, appeals the denial
of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-12 PHILIP J. ZOPPI
Philip J. Zoppi, a former Truck Driver, Single Axle, with
the Department of Transportation, appeals the denial of sick
leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-13 ROBERT BRUMBAUGH
Robert Brumbaugh, a Correction Captain with the Department
of Corrections, appeals the denial of sick leave injury
(SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-14 RUDOLPH B. BOYD
Rudolph B. Boyd appeals the decision of Selection Services
which found that he was properly removed from the list for
Correction Officer Recruit (S9999W) based on falsification
of his preemployment application.
ACTION: The Merit System Board directed that this appeal
be denied.
B-15 PATRICK ITIDIARE
Patrick Itidiare appeals the request of the Union County
appointing authority to remove his name from the Income
Maintenance Worker (C0538O) 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-16 MICHAEL LISA AND HECTOR GENAO
The City of Hoboken, represented by Robert E. Murray, Esq.,
requests review of the determination that Michael Lisa and
Hector Genao be removed from the Fire Fighter (M9058S), City
of Hoboken eligible list.
ACTION: The Merit System Board directed that this appeal
be denied.
B-17 FARNAZ AZIMI
Farnaz Azimi, a former Account Clerk with the Judiciary,
Union County Vicinage, appeals her resignation in good
standing.
ACTION: The Merit System Board directed that this appeal
be denied.
B-18 ROSEMARY CIUBA - SETTLEMENT
Rosemary Ciuba, Clerk Typist, Judiciary, Essex County,
removal effective December 18, 1998 on charges of failure to
perform duties and excessive absenteeism and lateness, was
settled to a resignation in good standing. The parties seek
acknowledgment of the settlement agreement.
ACTION: The Merit System Board acknowledged the
settlement.
B-19 FREDDIE ALEXANDER AND DANIEL BULLOCK
Freddie Alexander and Daniel Bullock 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 Roads (PC165A),
Camden County.
ACTION: The Merit System Board directed that these appeal
be denied.
B-20 LINDA L. BECKERING
The Executive Director, Passaic Valley Water Commission,
appeals the ineligibility of Linda L. Beckering for the
promotional examination for Assistant Buyer (PM2292A),
Passaic Valley Water Commission.
ACTION: The Merit System Board directed that this appeal
be granted.
B-21 KETAN BHANDUTIA
Ketan Bhandutia appeals the determination of the Division of
Selection Services, which found that he was ineligible for
the promotional examination for Supervising Environmental
Specialist (Air Pollution Control) (PS5159G), Environmental
Protection.
ACTION: The Merit System Board directed that this appeal
be denied.
B-22 ROBERT CRONICK, ET AL.
Robert Cronick, Thomas Insetta and Mayra Ransom appeal the
determination of the Division of Selection Services, which
found that they were ineligible for the promotional
examination for Sheriff's Officer Sergeant (PC2514A), Hudson
County.
ACTION: The Merit System Board directed that these appeal
be denied.
B-23 RICHARD J. DELANEY
Richard J. Delaney 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 Senior Engineer, Highway (C6739A),
Burlington County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-24 WILLIAM ENGROFF
William Engroff appeals the determination of the Division of
Selection Services, which found that he did not meet the
experience requirements for Supervisor of Streets (PM1805W),
Trenton.
ACTION: The Merit System Board directed that this appeal
be denied.
B-25 ANDREA V. JOHNSON
Andrea V. Johnson appeals the determination of the Division
of Selection Services, which found that she was ineligible
for the promotional examination for Income Maintenance
Supervisor (PC3041A), Middlesex County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-26 TAMRA G. MARSH
Tamra G. Marsh appeals the determination of the Division of
Selection Services, which found that she was ineligible for
the promotional examination for Supervisor Minimum Security
Unit Corrections (PS5619I), Department of Corrections.
ACTION: The Merit System Board directed that this appeal
be denied.
B-27 STEVEN NANFRIA
Steven Nanfria appeals the determination of the Division of
Selection Services, which found that he did not meet the
experience requirements for Field Representative, Wage and
Hour Compliance (S0413A).
ACTION: The Merit System Board directed that this appeal
be denied.
B-28 MAYOLA LEE-BROWN
Mayola Lee-Brown appeals the results of the written
promotional examination for Management Assistant (PS7344K),
Department of Human Services.
ACTION: The Merit System Board directed that this appeal
be denied.
B-29 ROSARIO LOMBARDO
Rosario Lombardo appeals the results of the written
examination for Social Worker, Aging (M0879A), North
Brunswick Township.
ACTION: The Merit System Board directed that this appeal
be denied.
B-30 SYLVESTER C. SWANSON
Sylvester C. Swanson appeals the determination of the
Division of Selection Services, concerning his score and
ranking on the promotional list for Supervising Research
Analyst, (Community Affairs) (PS5152D), Department of
Community Affairs.
ACTION: The Merit System Board directed that this appeal
be denied.
B-31 KIMBERLEY COOK, KATHRYN DIMEMMO, AND HARRIET HAVENS
The Division of Selection Services, on behalf of the
Department of The Treasury, requests that the out-of title
work experience performed by Kimberley Cook, Kathryn
DiMemmo, and Harriet Havens be accepted to satisfy the
experience requirement for a prospective promotional
examination for Technical Assistant 2, Treasury in the
Department of The Treasury.
ACTION: The Merit System Board granted the request.
B-32 PROPOSED AMENDMENT TO N.J.A.C.4A:10-1.1
It is recommended that the proposed amendment to N.J.A.C.
4A:10-1.1 (concerning the prohibition of certain retirement
incentives) be adopted without change.
ACTION: The Merit System Board adopted the proposed
amendment without change.
B-33 CHARLES J. ROWAN
Charles J. Rowan, Jr., represented by James P. Madden, Esq.,
seeks enforcement of the Merit System Board decision,
rendered September 28, 1999, which reinstated him to the
position of Fire Fighter with the Town of Kearny.
Additionally, the Town, represented by Kenneth P. Davie,
Assistant Town Attorney, petitions the Board for a stay of
that decision pending its appeal to the Appellate Division
of Superior Court.
ACTION: The Merit System Board denied the request for a
stay but granted the request for enforcement.
B-34 SUPERVISOR, PUBLIC WORKS (PM1353R) AND (PM2044V) CITY OF
RAHWAY
The matter of whether the appointing authority should be
granted permission not to make an appointment from the
certification for Supervisor, Public Works (PM1353R0) and
(PM2044V), City of Rahway has been referred to the Merit
System Board for review.
ACTION: The Merit System Board granted an appointment
waiver but assessed costs.
B-35 TELEPHONE OPERATOR (M0758W), CITY OF EAST ORANGE
The matter of whether the appointing authority should be
granted permission not to make an appointment from the
certification for Telephone Operator (M0758W), City of East
Orange has been referred to the Merit System Board for
review.
ACTION: The Merit System Board granted an appointment
waiver but assessed partial costs.
B-36 MARY E. SANTORO RUSSO
Mary E. Santoro Russo, represented by Alan D. Krauss, Esq.,
appeals the decision of Human Resource Information Services,
which found that Essex County had presented a sufficient
basis to remove appellant's name from the County Correction
Officer (C0452S) eligible list as a result of having a
background which disqualified appellant for appointment.
ACTION: The Merit System Board directed that this appeal
be granted.
B-37 DAVID FIGUEROA
David Figueroa, a Police Officer with the City of Newark
Police Department, represented by Nestor F. Guzman, Jr.,
Esq., petitions the Merit System Board to accept his excuse
for failing to appear at a scheduled conference hearing, at
the Office of Administrative Law, on July 12, 2000.
ACTION: The Merit System Board granted the request and
ordered that this matter be re-transmitted to the
Office of Administrative Law for a hearing.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Yes)
B-38 DONZELLA M. GODBOLT
Donzella M. Godbolt, a Senior Correction Officer at New
Jersey State Prison, Department of Corrections (DOC),
appeals the determination of the Director, Equal Employment
Division, with the DOC, stating that the appellant failed to
present sufficient evidence to support a finding of probable
cause that she had been discriminated against based on her
sex, sexually harassed or retaliated against.
ACTION: The Merit System Board directed that this appeal
be denied.
B-39 RICHARD HILLENBRAND
Richard Hillenbrand appeals the decisions of Human Resource
Information Services (HRIS) which upheld the removal of his
name from the eligible lists for Social Worker 1 (S0175O),
Senior Community Program Specialist (S0360W), Family Service
Specialist Trainee (S6152W) and Habilitation Plan
Coordinator (S0378A), all with the Department of Human
Services (DHS), on the basis of an unsatisfactory employment
record. Appellant also appeals the decision of HRIS
upholding his bypass for appointment on an earlier
certification of the Family Service Specialist Trainee
(S6152W) list.
ACTION: The Merit System Board directed that this appeal
be denied.
B-40 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of October
11, 2000 are submitted for adoption.
ACTION: The Merit System Board adopted its minutes of
October 11, 2000.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)
Chairperson Janice Mitchell Mintz designated Lewis A. Scheindlin
as Acting Chairperson in order to vote on the adoption of the
final written decisions of previously rendered final agency
decisions listed as agenda items B-41 thorough B-57. These
matters were decided at meetings of September 12 and 26, 2000,
when Acting Commissioner Scheindlin presided over the meetings
while Janice Mitchell Mintz was on leave of absence.
B-41 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of September
26, 2000 are submitted for adoption.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Abstained)
B-42 BARBARA ARCHIE
The appeal of Barbara Archie, a Cottage Training Technician
at Woodbine Developmental Center, Department of Human
Services, of her removals effective February 18 and March
10, 1999 on charges, was heard by Administrative Law Judge
Joseph F. Martone (ALJ), who rendered his initial decision
on July 28, 2000. At its meeting on September 12, 2000, the
Board adopted the ALJ's recommendation upholding the
removals. 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 (Yes)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)
B-43 CORY EMELE
The appeal of Cory Emele, a Senior Correction Officer with
Mountainview Youth Correctional Facility, Department of
Corrections, of his removal effective December 10, 1998 on
charges, was heard by Administrative Law Judge Steven C.
Reback (ALJ), who rendered his initial decision on July 11,
2000. At its meeting on September 12, 2000, the Merit
System Board did not adopt the ALJ's recommendation to
uphold the removal. Rather, the Board ordered that the
matter be remanded to the Office of Administrative Law. The
proposed final decision is now submitted for the Board's
review.
ACTION: The Merit System Board adopted the decision.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)
B-44 ABDUL-GHAFUR FAIZ
The appeal of Abdul-Ghafur Faiz, a Senior Correction Officer
with New Jersey State Prison, Department of Corrections,
concerning his 30-day suspension beginning September 26,
1998 on charges, was heard by Administrative Law Judge
Kathryn A. Clark (ALJ), who rendered her initial decision on
August 3, 2000. At its meeting on September 12, 2000, the
Merit System Board (Board) did not adopt the ALJ's
recommendation to modify the penalty to a 10-day suspension.
Rather, 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.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)
B-45 JUAN DIEGO FEEHAN
The appeal of Juan Diego Feehan, an Income Maintenance
Technician, Bilingual in Spanish and English, with the
Middlesex County Board of Social Services, of his 25-day
suspension beginning October 7, 1999 on charges, was heard
by Administrative Law Judge Anthony T. Bruno (ALJ), who
rendered his initial decision on August 2, 2000. At its
meeting on September 12, 2000, the Merit System Board
adopted the recommendation of the ALJ to uphold the
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 (Yes)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)
B-46 JOANNE JOBECK
The appeal of Joanne Jobeck, a Principal Data Control Clerk
with Union County, of her resignation not in good standing
effective March 2, 1998, was heard by Administrative Law
Judge Diana C. Sukovich (ALJ), who rendered her initial
decision on June 26, 2000. At its meeting on September 12,
2000, the Merit System Board adopted the ALJ's
recommendation to uphold the resignation not in good
standing. The proposed final decision is now submitted for
the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)
B-47 GEORGE JOHNSON
The appeal of George Johnson, a Police Officer with the
Deptford Township Police Department, of his bypass on the
Police Sergeant (PM4746P), Deptford Township eligible list,
was heard by Administrative Law Judge Joseph Lavery (ALJ),
who rendered his initial decision on May 4, 2000. At its
meeting on September 12, 2000, the Board adopted the ALJ's
recommendation to dismiss the appeal. 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 (Yes)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)
B-48 WILLIAM BATE
The appeal of William Bate, a Probation Officer with the
Judiciary, Essex Vicinage, of his 20-day suspension
beginning July 14, 1997, and his removal effective May 5,
1998 on charges, was heard by Administrative Law Judge Maria
Mancini LaFiandra, who rendered her initial decision on
August 1, 2000, upholding the 20-day suspension and the
removal. At its meeting on September 12, 2000, the Board
adopted the recommendation to uphold the 20-day suspension
but modified the removal to a resignation in good standing.
The proposed final decision is now submitted for the Board's
review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)
B-49 ROBERT J. SCHNUR
The appeal of Robert J. Schnur, a Senior Correction Officer
at South Woods State Prison, Department of Corrections, of
his removal effective April 28, 1999 on charges, was heard
by Administrative Law Judge Steven C. Reback (ALJ), who
rendered his initial decision on July 20, 2000, upholding
the removal. At its meeting on September 12, 2000, the
Merit System Board (Board) adopted the ALJ's recommendation.
The proposed final decision is now submitted for the Board's
review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)
B-50 KATHERINE BERGMANN
The appeal of Katherine Bergmann, an unclassified Secretary
to the Warren County Prosecutor, of her removal effective
July 24, 1995, was heard by Administrative Law Judge Thomas
R. Vena who rendered his initial decision on October 12,
1999, upholding the removal. At its meeting on September
26, 2000, the Board ordered that this matter be remanded to
the Office of Administrative Law. The proposed decision is
now submitted for the Board's review.
ACTION: The Merit System Board adopted the decision.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Abstained)
B-51 JENNIFER HARRIS
The appeal of Jennifer Harris, an Institutional Attendant at
Preakness Hospital, Passaic County, of her 10-day suspension
on charges, was heard by Administrative Law Judge Maria
Mancini LaFiandra who rendered her initial decision on
August 21, 2000, recommending that the 10-day suspension be
modified to a seven-day suspension. At its meeting on
September 26, 2000, the Board did not adopt the ALJ's
recommendation. Rather, the Board upheld the 10-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 (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Abstained)
B-52 ANDREW THOMAS
The appeal of Andrew Thomas, a Family Service Worker with
the Essex County Department of Citizen Services, of his
removal effective March 14, 1997 on charges, was heard by
Administrative Law Judge Arnold Samuels (ALJ), who rendered
his initial decision on August 1, 2000. At its meeting on
September 26, 2000, the Board adopted the ALJ's
recommendation to uphold the removal. The proposed final
decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Abstained)
B-53 JUAN GONZALEZ
The appeal of Juan Gonzalez, a Police Officer with the City
of Newark, of his release at the end of his working test
period, effective July 23, 1999, was heard before
Administrative Law Judge Edith Klinger (ALJ), who rendered
her initial decision on July 18, 2000, reversing the release
at the end of the working test period. At its meeting on
September 12, 2000, the Board ordered that the matter be
remanded to the Office of Administrative Law. The proposed
final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)
B-54 MARK ODOM
The appeal of Mark Odom, a Police Officer with the City of
Newark, of his
10-day suspension on charges, was heard before
Administrative Law Judge Maria Mancini LaFiandra (ALJ), who
rendered her initial decision on August 7, 2000. In that
decision, the ALJ noted that the appellant withdrew his
appeal of the 10-day suspension and also awarded him back
pay from January 23, 1997 to September 1997, the period of
his indefinite suspension, and counsel fees. At its meeting
on September 12, 2000, the Board adopted the ALJ's
recommendation that the appellant be awarded back pay but
did not adopt the recommendation that the appellant be
awarded counsel fees. The Board also acknowledged the
withdrawal of the appellant's appeal of his 10-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 (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)
B-55 JOSEPH GALLANT
The appeal of Joseph Gallant, a Police Officer with the City
of Newark, of his removal effective June 16, 1997 on
charges, was heard by Administrative Law Judge Elinor R.
Reiner (ALJ), who rendered her initial decision on August
16, 2000, upholding the removal. At its meeting on
September 26, 2000, the Board ordered that this matter be
remanded to the Office of Administrative Law. The proposed
decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the decision.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Abstained)
B-56 MARK HAGANS
The appeal of Mark Hagans, a Sanitation Inspector with the
City of Newark, of his removal effective February 21, 1997
on charges, was heard by Administrative Law Judge Irene
Jones who rendered her initial decision on July 27, 2000,
granting Newark's motion for summary judgment and dismissing
the appellant's appeal. At its meeting on September 26,
2000, the Board ordered that this matter be remanded to the
Office of Administrative Law. The proposed decision is now
submitted for the Board's review.
ACTION: The Merit System Board adopted the decision.
VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Abstained)
B-57 JOHN HOWARD
The appeal of John Howard, a Cook with the Passaic County
Sheriff's Department of his removal effective February 11,
1997 on charges, was the subject of a settlement conference
conducted by Administrative Law Judge Elinor R. Reiner who
rendered her initial decision on August 23, 2000, approving
the settlement. At its meeting on September 26, 2000, the
Board acknowledged the settlement. 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 (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Leo Vartan (Abstained)
B-58 CAROL CHANDLER
The appeal of Carol Chandler of the Brick Township School
District's bypass of her name on the School Bus Driver
(M5772T) eligible list was heard by Administrative Law Judge
Bruce R. Campbell (ALJ), who rendered his initial decision
on August 7, 2000. At its meeting on October 11, 2000, the
Board adopted the ALJ's recommendation to uphold the bypass
of appellant's name on the subject list. The proposed final
decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)
B-59 PETER MATHUS
The appeal of Peter Mathus, a Range Instructor with the
Jersey City Police Department, of his removal effective July
20, 1999, on charges, was heard by Administrative Law Judge
Edith Klinger (ALJ), who rendered her initial decision on
August 24, 2000, upholding the removal. The Merit System
Board (Board), at its meeting on October 11, 2000, did not
adopt the ALJ's recommendation. Rather, the Board modified
the removal to a six-month suspension. The proposed final
decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)
B-60 LLOYD SMITH
The appeal of Lloyd Smith, a Human Services Assistant with
Trenton Psychiatric Hospital, Department of Human Services,
of his removal effective December 17, 1999 on charges, was
heard before Administrative Law Judge Bruce R. Campbell
(ALJ), who rendered his initial decision on August 30, 2000.
At its meeting on October 11, 2000, the Merit System Board
(Board) did not adopt the recommendation of the ALJ to
dismiss the appeal. Rather, the Board ordered that the
appellant be granted a hearing on an additional removal,
also effective December 17, 1999, and that the instant
matter be remanded to the Office of Administrative Law
(OAL). The proposed decision is now submitted for the
Board's review.
ACTION: The Merit System Board adopted the decision.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)
B-61 MICHAEL S. SMITH
The appeal of Michael S. Smith, a Stock Clerk with the City
of Vineland, of his resignation not in good standing
effective September 17, 1998 on charges, was heard by
Administrative Law Judge John R. Tassini (ALJ), who rendered
his initial decision on September 8, 2000, modifying the
resignation not in good standing to a resignation in good
standing. At its meeting on October 11, 2000, the Board
affirmed the ALJ's decision.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)
B-62 JOSEPH BELLINO
The appeal of Joseph Bellino, a County Correction Captain
with Hudson County, concerning his 30-day suspension
beginning April 12, 1997 on charges, was heard by
Administrative Law Judge Jeffrey A. Gerson (ALJ), who
rendered his initial decision on August 11, 2000. At its
meeting on October 24, 2000, the Merit System Board (Board)
did not adopt the ALJ's recommendation to dismiss the
charges on summary decision and vacate the 30-day
suspension. Rather, the Board ordered that the matter be
remanded to the Office of Administrative Law. The proposed
final decision is now submitted for the Board's approval
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Abstained)
Judith L. Shaw (Yes)
Leo Vartan (Yes)
B-63 MICHAEL A. DE ROGATIS
The appeal of Michael A. DeRogatis, a Police Officer with
Jersey City, of his removal effective May 19, 1995, on
charges, was heard by Administrative Law Judge Jeffrey A.
Gerson (ALJ), who rendered his initial decision on September
7, 2000, upholding the removal. At its meeting on October
24, 2000, the Board affirmed the ALJ's recommendation. The
proposed final decision is now submitted for the Board's
review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Abstained)
Judith L. Shaw (Yes)
Leo Vartan (Yes)
B-64 DAVID MELENDEZ
David Melendez, represented by Michael Miller, Esq., appeals
his rejection as a Fire Fighter candidate by the City of
Camden and its request to remove his name from the eligible
list for Fire Fighter on the basis of medical unfitness to
perform effectively the duties of the position. This matter
was held over from the August 29, 2000 Merit System Board
meeting.
ACTION: The Merit System Board directed that this appeal
be granted.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)
B-65 LOUIS J. WILLIAMSON
Louis J. Williamson, represented by G. Robert Wills, Esq.,
appeals his bypass by the City of Trenton on the eligible
list for Deputy Police Chief (PM3637V).
ACTION: The Merit System Board granted a hearing.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)
B-66 ROBERT NGUYEN
Robert Nguyen, represented by Sidney H. Lehmann, Esq., and
the City of Jersey City, represented by Paul W. Mackey,
First Assistant Corporation Counsel, seek acknowledgement of
a settlement between the parties.
ACTION: The Merit System Board acknowledged the
settlement.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)
B-67 JOHN FORMISANO AND TYRONE MORTON
The appeals of John Formisano and Tyrone Morton, both Police
Officers with the Newark Police Department, of their 35-day
suspensions beginning March 8, 1999 on charges, was heard by
Administrative Law Judge Michael L. Ravin (ALJ), who
rendered his initial decision on July 20, 2000. At its
meeting October 24, 2000, the Merit System Board did not
adopt the ALJ's recommendation to vacate the suspensions.
Rather, the Board concluded that five-day suspensions were
warranted. The proposed final decision is now submitted for
the Board's review.
ACTION: The Merit System Board directed that this matter
be held over.
B-68 JEFFREY MARSHALL
The appeal of Jeffrey Marshall, a Police Sergeant with the
City of Newark of his 15-day suspension on charges, was
heard by Administrative Law Judge Thomas R. Vena (ALJ), who
rendered his initial decision on July 26, 2000, recommending
that the appellant receive a five-day suspension and an
official reprimand. At its meeting on October 24, 2000, the
Board upheld the 15-day suspension. The proposed final
decision is now submitted for the Board's review.
ACTION: The Merit System Board directed that this matter
be held over.
B-69 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of October
24, 2000 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its
meeting of October 24, 2000.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Abstained)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)
B-70 EARLY SETTLEMENTS
Denise Christensen
New Jersey State Prison
Department of Corrections
15-day suspension
Tyrone Leak
Mountainview Youth Correctional Facility
Department of Corrections
Resignation not in good standing
Evonne Lerch
Edna Mahan Correctional Facility for Women
Department of Corrections
Removal
Anthony Lisa
Division of Youth and Family Services
Department of Human Services
20-day suspension
Tyrone Lopez
Northern State Prison
Department of Corrections
90-day suspension
Milus Reeves
New Jersey State Prison
Department of Corrections
15-day suspension
Sandra Singleton
County of Mercer
Department of Public Safety
Removal
Gerald Williams
New Lisbon Developmental Center
Department of Human Services
Removal
ACTION: The Merit System Board acknowledged the
settlements.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Abstained)
Leo Vartan (Yes)
There being no further business before the Merit System
Board, the meeting was adjourned to convene on Wednesday,
November 21, 2000, at 10:00 a.m., at 3 Station Plaza, Trenton,
New Jersey.
__________________________________
JANICE MITCHELL MINTZ
COMMISSIONER
MERIT SYSTEM BOARD |
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© State of New Jersey
Civil Service Commission |
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