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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, December 5, 2000, in Trenton, New Jersey. PRESENT: Chairwoman Janice Mitchell Mintz, 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 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. STATE The Merit System Board recorded the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof. TO: Janice Mitchell Mintz DATE: November 20, 2000 Henry Maurer, Director Merit System Practices and Labor Relations FROM: Marjorie Schwartz, Director Human Resource Management SUBJECT: Change in the State Classification Plan DEPARTMENT OF THE TREASURY OFFICE OF INFORMATION TECHNOLOGY The Department of the Treasury is requesting that the following job function be reallocated to the Senior Executive Service. Based upon a review of duties and its position in the organization, it appears to be consistent with the standards established for inclusion in the Senior Executive Service. Your approval of the reallocation for the following position number from the career service to the Senior Executive Service is recommended. Reallocatioon of Service Effective date: August 29, 2000 FROM: Position #939074 Chief Bureau of Administrative Support Services (M32-62213) TO: Position #939074 Senior Executive Service (M98-90752) This position reports directly to the Chief Technology Officer in the Office of Information Technology and is part of the Executive Management Team. It serves as the Director, Customer Relationship Management. Customers are the departments which comprise the Executive Branch of state government and those organizations which are "in but not of" those departments. The subordinate five customer relationship managers are responsible for assisting those organizations in meeting their business needs through improved delivery of information technology services. To accomplish this goal, these managers have the authority of engage the resources throughout the Office of Information Technology and employ them as needed. TO: Janice Mitchell Mintz Commissioner Henry Maurer, Director, MSP&LR FROM: Marjorie Schwartz, Director Division of Human Resource Management SUBJECT: Change in the State Classification Plan DATE: October 6, 2000 DEPARTMENT OF LAW AND PUBLIC SAFETY The Department of Law and Public Safety, has requested that this title, Weighmaster, restricted to local government use only, be established as a common title for use in State Government, specifically State Police. The title is requested to provide appropriate classification for employees assigned to New Jersey State Weigh Stations. The primary function of the position is to operate data based equipment to conduct and monitor safety inspections of commercial vehicles upon arrival to designated weigh stations. The position will have responsibility for weighing and monitoring diesel and commercial carriers using state of the art data and scale equipment to obtain and verify load weights, record weight information of incoming and outgoing vehicles, and direct vehicles to proper designations for safety inspections. The position als explains various procedures and requirements of facilities and government regulations pertaining to load types, weights and billing procedures. Approval of this request is recommended. CREATION OF COMMON TITLE Effective: 6/17/2000 Weighmaster I18 - 04304 Workweek Deptcode 40 C DATE: November 3, 2000 TO: Janice Mitchell Mintz, Commissioner Department of Personnel Henry S. Maurer, Director Merit System Practices and Labor Relations FROM: Marjorie A. Schwartz, Director Division of Human Resource Management SUBJECT: Change in State Classification Plan GENERAL The Department of Transportation has requested the reactivation and concurrent generalization of the title, Management Trainee (56489). The basis for which is the department's recent approval of the Management Assistant title series generalization and utilization of the 40-hour workweek. As this title series I allocated to an organizational unit which operates within that workweek/workyear it is anticipated that there will be a future need for recruiting at the trainee level. As at the time of elimination the Management Trainee was department specific to Environmental Protection therefore, upon reactivation this title will have to be made general for use by the requesting agency. In view of the above and for consistency purposes, we are recommending approval of this request with an effective date of November 4, 2000. REACTIVATION AND GENERALIZATION Effective Date: 11/04/00 Management Trainee - P95-56489 From: Inactive To: Active From: Dept. Code - M To: Dept. Cote - * SECTION A - HEARING MATTERS A-1 SETTLEMENTS In the Matter of Henrietta Brown Vineland Developmental Center Department of Human Services Removal In the Matter of Mary Bryant North Jersey Developmental Center Department of Human Services Removal In the Matter of Nathaniel Bryant Trenton Psychiatric Hospital Department of Human Services Removal In the Matter of John Cole Developmental Disabilities Department of Human Services Suspension In the Matter of Jeanne Fazakerley Camden County, Judiciary Release at the end of the working test period In the Matter of Veronica Franklin Division of Youth and Family Services Department of Human Services Removal In the Matter of Carl Frick Parole and Community Programs Department of Corrections Removal In the Matter of Peter Hand Bayside State Prison Department of Corrections Removal In the Matter of Charles Jones New Jersey State Prison Department of Corrections Removal In the Matter of Ramar T. McCarey Northern State Prison Department of Corrections Removal In the Matter of Anna Pastic Hagedorn Psychiatric Hospital Department of Human Services Removal In the Matter of Louis Pitt Mountainview Youth Correctional Facility Department of Corrections Suspension In the Matter of Catherine Reevey County of Monmouth Department of Transportation Removal In the Matter of Thomas Rooney East Jersey State Prison Department of Corrections Removals (2) and Suspension In the Matter of Michael Saragusa Monmouth County Sheriff's Office Department of Corrections and Youth Services Suspension RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT ACTION: The Merit System Board acknowledged the settlements. A-2 SARAH BRANGMAN Sarah A. Brangman, Senior Correction Officer, Central Medical Unit, Department of Corrections, removals (2) effective July 28, 1998 and January 4, 1999, on charges of performance and inability to perform duties. Recommendation of the Administrative Law Judge - Uphold the removal of January 4, 1999. ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a resignation in good standing. A-3 MICHAEL CORSO (CONSOLIDATION) Michael Corso, Clerk, Township of West New York, Department of Revenue and Finance, layoff effective September 25, 1995, and removal effective September 20, 1995, on charges of insubordination, chronic or excessive absenteeism and conduct unbecoming a public employee. Recommendation of the Administrative Law Judge - Uphold the layoff and the removal. ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge. A-4 DUANE HENDERSON Duane Henderson, Tree Climber, Township of Moorestown, Department of Public Works, removal effective June 23, 1999, on charges of violation of the Township of Moorestown Alcohol and Drug Free Workplace Policy. Recommendation of the Administrative Law Judge - Uphold the removal. ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge. A-5 ROSA MENDEZ Rosa Mendez, Graduate Nurse, Vineland Developmental Center, Department of Human Services, demoted at the end of the working test period effective February 22, 1999. Recommendation of the Administrative Law Judge - Uphold motion for summary decision and dismiss the appeal. ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge. A-6 MICHAEL QUARLES Michael Quarles, Mechanic, City of Newark, Department of Neighborhood Services, resignation not in good standing effective February 9, 1998, on charges of chronic or excessive absenteeism or lateness. Recommendation of the Administrative Law Judge - Uphold the resignation not 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-7 DATINA RINN Datina Rinn, Police Lieutenant, City of Jersey City, Police Department, suspension for 60 days, on charges of chronic or excessive absenteeism. Recommendation of the Administrative Law Judge - Modify the 60-day suspension to a 5-day suspension. ACTION: The Merit System Board directed that this matter be held over. A-8 ANTHONY RUDOLPH (CONSOLIDATION) Anthony Rudolph, Public Works Repairer, City of Plainfield, Department Public Works and Urban Development, two suspensions, 20 days and 40 days, and removal effective May 2, 2000, on various charges including incapacity due to mental or physical disability, incompetency or inefficiency; insubordination; disorderly or immoral conduct; conduct unbecoming a public employee; neglect of duty and disobedience. Recommendation of the Administrative Law Judge - Uphold the 20-day and 40-day suspensions and removal. ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge. A-9 JOHN RUE John Rue, Supervising Maintenance Repairer Low Pressure License, Trenton Housing Authority, removal and resignation not in good standing effective March 3, 1999, on charges of chronic or excessive absenteeism or lateness, neglect of duty and abandonment of employment. Recommendation of the Administrative Law Judge - Uphold the removal. ACTION: The Merit System Board modified the removal to a resignation in good standing. VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes) A-10 EDWARD SZUBSKI Edward Szubski, Correction Lieutenant, Bayside State Prison, Department of Corrections, suspension for 30 days, on various charges including conduct unbecoming a public employee, personal conduct, performance, neglect of duty and safety and security precautions. Recommendation of the Administrative Law Judge - Reverse the 30-day suspension. ACTION: The Merit System Board directed that this matter be held over. A-11 SANTA TYSON Santa Tyson, Senior Correction Officer, Albert C. Wagner Youth Correctional Facility, Department of Corrections, suspension for 10 days, on charges of insubordination. Recommendation of the Administrative Law Judge - Uphold the 10-day suspension. ACTION: The Merit System Board remanded the matter to the Office of Administrative Law. A-12 ROBERT WHARTON Robert Wharton, County Correction Officer, County of Cumberland, Department of Corrections, suspension for 15 days, on charges of sexual harassment. Recommendation of the Administrative Law Judge - Reverse the 15-day suspension. ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge. SECTION B - MISCELLANEOUS MATTERS B-1 LEWIS LANDRUM, JR. Lewis Landrum, Jr. appeals his rejection as a County Police Officer by the County of Union and its request to remove his name from the eligible list for County Police Officer on the basis of psychological unfitness to perform effectively the duties of the position. ACTION: The Merit System Board directed that this appeal be denied. B-2 CHRISTOPHER BROCCOLI Christopher Broccoli, represented by Michael D. 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. ACTION: The Merit System Board directed that this appeal be granted. B-3 ROBERTA BROADUS Roberta Broadus, a Human Services Assistant with the New Lisbon 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 granted. B-4 BENJAMIN BYRD Benjamin Byrd, a Senior Correction Officer at Bayside State Prison, Department of Corrections, represented by Diane M. Lamb, Esq., appeals the denial of sick leave injury (SLI) benefits. ACTION: The Merit System Board directed that this appeal be granted. B-5 JEANNE CIRIGNANO Jeanne Cirignano, a Records Technician 3, Motor Vehicles, 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-6 JANET COMERRO Janet Comerro, a Practical Nurse at the Gero-Psychiatric Hospital, Hagedorn Center for Geriatrics, 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-7 DAVID HUNTER David Hunter, a Family Service Specialist 1 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 directed that this appeal be denied. B-8 SHAWN NAYLOR Shawn Naylor, a Cottage Training Supervisor with Woodbridge 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-9 KAVITA PANJABI Kavita Panjabi, an Administrative Analyst 1 with the Department of Law and Public Safety, appeals the denial of sick leave injury (SLI) benefits. ACTION: The Merit System Board directed that this appeal be granted. B-10 JOAQUINA RODRIGUEZ Joaquina Rodriguez, a Cottage Training Technician with the Vineland Developmental Center, Department of Human Services, represented by Cosmo A. Giovinazzi, III, Esq., appeals the denial of sick leave injury (SLI) benefits. ACTION: The Merit System Board directed that this appeal be denied. B-11 TERESA SOLARSKI Teresa Solarski, a Senior Correction Officer with Mid-State Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits. ACTION: The Merit System Board directed that this appeal be denied. B-12 BIANCA LOZADA Bianca Lozada appeals the decision of Placement Services which found that her rights had not been violated regarding the promotional list for Employment Counselor, Bilingual in Spanish and English (PS0868N), Department of Labor. ACTION: The Merit System Board directed that this appeal be denied. B-13 MADHU GANDHI Madhu Gandhi, a Consulting Dietitian with the Department of Human Services, appeals the determination of the Assistant Commissioner for Human Resources, 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 national origin or retaliated against for filing a prior discrimination complaint. ACTION: The Merit System Board directed that this appeal be denied. B-14 MARK HRUSKA Mark Hruska, represented by John W. Sponganetz, Esq., appeals the determination of Selection Services which upheld the bypass of his name for appointment from the Fire Fighter (M5254S), Borough of Carteret eligible list. ACTION: The Merit System Board granted a hearing. B-15 VINCENT S. BUCCI Vincent S. Bucci, a former Chief Engineer, Parks for Essex County, represented by Sandford R. Oxfeld, Esq., appeals the good faith of his layoff. ACTION: The Merit System Board granted a hearing. B-16 EMILIO DEBLASI, JR. Emilio DeBlasi, Jr., a Senior Park Caretaker for Essex County, appeals his reassignment. ACTION: The Merit System Board directed that this appeal be denied. B-17 DORIS CHAMBERLAIN Doris Chamberlain, a Personnel Assistant 2 at Greystone Park Psychiatric Hospital, Department of Human Services, represented by David B. Beckett, Esq., appeals her failure of the working test period for the promotional title of Personnel Assistant 1. ACTION: The Merit System Board denied the appeal of timeliness of notice and duration of working test period, but the Board granted a hearing on the appeal of the good faith of her failure of the working test period. B-18 JOSEPH BAHUN The City of Hoboken, represented by Joseph M. Hannon, Esq., requests a stay pending its appeal to the Superior Court, Appellate Division, of the final administrative decision, rendered September 12, 2000, which directed that the certification for Plumbing Subcode Official (M9086O), City of Hoboken be reissued and returned to the appointing authority for proper disposition. ACTION: The Merit System Board denied the request for a stay. B-19 PUBLIC HEALTH INVESTIGATOR (M0887A), CITY OF PLAINFIELD The appointing authority requests permission not to make an appointment from the certification for Public Health Investigator (M0887A), City of Plainfield. ACTION: The Merit System Board granted the request for an appointment waiver but assessed partial costs. B-20 TELECOMMUNICATIONS SYSTEMS ANALYST 3 (S6170W) The matter of whether the State Department of Human Services should be granted permission not to make an appointment from the certification for Telecommunications Systems Analyst 3 (S6170W) has been referred to the Merit System Board for review. ACTION: The Merit System Board granted the request for an appointment waiver but assessed costs. B-21 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 on 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 adopted the final decision. VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Abstained) Judith L. Shaw (Yes) Leo Vartan (Yes) B-22 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 adopted the final decision. VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Abstained) Judith L. Shaw (Yes) Leo Vartan (Yes) B-23 KELLIEJEANNE ROSTIEN The appeal of Kelliejeanne Rostien, an Emergency Medical Technician with the City of Vineland Health Department concerning the good faith of her release at the end of her working test period, was heard by Administrative Law Judge Lillard E. Law (ALJ), who rendered his initial decision on September 12, 2000. At its meeting on October 24, 2000, the Merit System Board did not adopt the ALJ's recommendation to uphold the release at the end of the working test period. 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 final decision. VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Abstained) Judith L. Shaw (Yes) Leo Vartan (Yes) B-24 BRUCE BLAND The appeal of Bruce Bland, a Practical Nurse with Ancora Psychiatric Hospital, Department of Human Services, of his 90-day suspension on charges, was heard by Administrative Law Judge Kathryn A. Clark (ALJ), who rendered her initial decision on October 3, 2000. At its meeting on November 14, 2000, the Merit System Board did not adopt the ALJ's recommendation to uphold the 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. B-25 BENJAMIN BYRD The appeal of Benjamin Byrd, a Senior Correction Officer at Bayside State Prison, Department of Corrections, of his removal effective May 7, 1999 on charges, was heard by Administrative Law Judge Robert W. Scott (ALJ), who rendered his initial decision on September 6, 2000. At its meeting on November 14, 2000, the Merit System Board did not adopt the ALJ's recommendation to modify the removal to a resignation in good standing. 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. B-26 TAMMY SYKES The appeal of Tammy Sykes, a Clerk Typist with the Newark Housing Authority, of her 15-day suspension on charges, was heard by Administrative Law Judge Stephen G. Weiss (ALJ), who rendered his initial decision on September 29, 2000, dismissing the charges. At its meeting on November 14, 2000, the Board ordered that the matter be remanded to the Office of Administrative Law. The proposed decision is now submitted for the Board's review. ACTION: The Merit System Board adopted the decision. VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes) B-27 LISA G. BENSEL Lisa G. Bensel appeals her ineligibility for the promotional examination for Assistant Buyer (PS0302P), Juvenile Justice Commission. ACTION: The Merit System Board directed that this appeal be granted. B-28 CECILIA BLADES Cecilia Blades 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 Field Service Supervisor 3 (Family Development) (PS7740K), Medical Assistance and Health Services. ACTION: The Merit System Board directed that this appeal be denied. B-29 LISA BROMILEY Lisa Bromiley appeals the determination of the Division of Selection Services, which found that per the substitution clause for education, she did not meet the experience requirement for the promotional examination for Training Assistant (PS8013K), New Lisbon Developmental Center. ACTION: The Merit System Board directed that this appeal be granted. B-30 SUSAN F. CATLETT Susan F. Catlett appeals the determination of the Division of Selection Services which found that she did not meet the announced requirements for the promotional examination for Administrative Analyst 1 (PS9364T), Department of Transportation. ACTION: The Merit System Board directed that this appeal be granted. B-31 THELMA FORD Thelma Ford 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 Field Service Supervisor 3 (Family Development) (PS7740K), Medical Assistance and Health Services. ACTION: The Merit System Board directed that this appeal be granted. B-32 RAYMOND HARTMANN Raymond Hartmann appeals the determination of the Division of Selection Service which found that he did not meet the experience requirements for the examination for Electrical Mechanic, (S0423A). ACTION: The Merit System Board directed that this appeal be granted. B-33 SHARON MALLORY Sharon Mallory appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Buyer (PC0829A), Hudson County. ACTION: The Merit System Board directed that this appeal be denied. B-34 JESSIE MARTIN Jessie Martin appeals the determination of the Division of Selection Services, which found that she was below the minimum requirements in experience for the promotional examination for Field Service Supervisor 3, (Family Development (PS7740K), Medical Assistance and Health Services. ACTION: The Merit System Board directed that this appeal be granted. B-35 TIMOTHY K. MCDANIEL Timothy K. McDaniel appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in experience for the promotional examination for Field Service Supervisor 3, (Family Development) (PS7740K), Medical Assistance and Health Services. ACTION: The Merit System Board directed that this appeal be granted. B-36 PATRICK L. MCGLONE Patrick L. McGlone appeals the determination of the Division of Selection Services, which found that per the substitution clause for education, he was below the minimum requirements in experience for the promotional examination for Field Service Supervisor 3, (Family Development) (PS7740K), Medical Assistance and Health Services. ACTION: The Merit System Board directed that this appeal be denied. B-37 JOSEPH NARDONE Joseph Nardone appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in experience and education for the promotional examination for Administrative Analyst 2 (Fiscal Management), (PS8515K), Commission for the Blind and Visually Impaired. ACTION: The Merit System Board directed that this appeal be denied. B-38 JOHN PESCATORE John Pescatore appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Administrative Analyst 1 (Data Processing) (PS7563H), Department of Health and Senior Services. ACTION: The Merit System Board directed that this appeal be denied. B-39 JOANN PITTS Joann Pitts 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 Field Service Supervisor 3, (Family Development) (PS7740K), Medical Assistance and Health Services. ACTION: The Merit System Board directed that this appeal be granted. B-40 SANTA ANITA RIVERA Santa Anita Rivera 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 Field Service Supervisor 3, (Family Development) (PS7740K), Medical Assistance and Health Services. ACTION: The Merit System Board directed that this appeal be granted. B-41 KEVIN CAVOTTA, ET AL. Kevin Cavotta, Kathy Davis, Christopher McCormick and Sally Weirback appeal their scores on the examination for Senior Sanitary Inspector (PC0781A), Warren County. ACTION: The Merit System Board directed that this appeal be granted in part. B-42 JOHN A. GRACE John A. Grace appeals his score on the promotional examination for Senior Investigator, Motor Carriers (PS7386T), Motor Vehicle Services, Department of Transportation. ACTION: The Merit System Board directed that this appeal be granted. B-43 BARRY ANDERS Barry Anders appeals his score on the examination for Deputy Fire Chief (PM3540A), Harrison. ACTION: The Merit System Board directed that this appeal be denied. B-44 EDWARD BAGNIEWSKI Edward Bagniewski appeals his score on the examination for Deputy Fire Chief (PM3540A), Harrison. ACTION: The Merit System Board directed that this appeal be denied. B-45 STEVEN DYL Steven Dyl appeals his score on the examination for Deputy Fire Chief (PM3541A), Kearny. ACTION: The Merit System Board directed that this appeal be denied. B-46 JAMES FENDER James Fender appeals his score on the examination for Deputy Fire Chief (PM3541A), Kearny. ACTION: The Merit System Board directed that this appeal be denied. B-47 MICHAEL GREEN Michael Green appeals his score on the examination for Deputy Fire Chief (PM3540A), Harrison. ACTION: The Merit System Board directed that this appeal be denied. B-48 JOHN KOZDRON John Kozdron appeals his score on the examination for Deputy Fire Chief (PM3540A), Harrison. ACTION: The Merit System Board directed that this appeal be denied. B-49 JOHN MALEY John Maley appeals his score on the examination for Deputy Fire Chief (PM3540A), Harrison. ACTION: The Merit System Board directed that this matter be held over. B-50 KEVIN MCCARTHY Kevin McCarthy appeals his score on the examination for Deputy Fire Chief (PM3538A), Clifton. ACTION: The Merit System Board directed that this appeal be denied. B-51 ROBERT OSBORN Robert Osborn appeals his score on the examination for Deputy Fire Chief (PM3541A), Kearny. ACTION: The Merit System Board directed that this appeal be denied. B-52 MICHAEL ROMANO Michael Romano appeals his score on the examination for Deputy Fire Chief (PM3537A), Bayonne. ACTION: The Merit System Board directed that this appeal be denied. B-53 MICHAEL SILVERS Michael Silvers appeals his score on the examination for Deputy Fire Chief (PM3540A), Harrison. ACTION: The Merit System Board directed that this appeal be denied. B-54 RAYMOND SNIEGIOS Raymond Sniegios appeals his score on the examination for Deputy Fire Chief (PM3537A), Bayonne. ACTION: The Merit System Board directed that this appeal be denied. B-55 JEANNETTE R. RANDAZZO Jeannette R. Randazzo appeals the determination of the Division of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove her name from the special reemployment lists for Head Nurse and Hospital Attendant, County of Bergen, for failure to respond to the certification notices. ACTION: The Merit System Board directed that this appeal be granted. B-56 WALLACE JENKINS The Assistant Director, Division of Selection Services, on behalf of the Department of Transportation, requests that Wallace Jenkins' out-of-title work experience be accepted to satisfy the experience requirements for the promotional examination for Principal Technician, Management Information Systems (PS9558T). ACTION: The Merit System Board granted the request. B-57 WILLA LLOYD The Assistant Director, Division of Selection Services, on behalf of the Manager, Employee Advisory Service (EAS), Department of Personnel requests that Willa Lloyd's out-of- title work experience be accepted to qualify her for a prospective promotional examination for the title of Substance Abuse Counselor 1. ACTION: The Merit System Board granted the request. VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes) B-58 CHRYSTAL SECTION-WILLIAMS Chrystal Section-Williams appeals the determination of the Division of Selection Services which found that she failed to file a timely application for the promotional examination for Principal Right of Way Negotiator (PS2169T), Department of Transportation. ACTION: The Merit System Board directed that this appeal be granted. B-59 CRESCENCIO FUENTES, JR. Crescencio Fuentes Jr., represented by Glenn Slavin, Esq., requests admittance to the open competitive Entry Level Law Enforcement Examination (S9999B). ACTION: The Merit System Board granted the request. B-60 PAMELA MOSES Pamela Moses requests reconsideration of the Merit System Board decision which found that she did not meet the experience requirements for the promotional examination for Data Processing Analyst 2 (PS6832K), Department of Human Services. ACTION: The Merit System Board granted the request. B-61 DAVID A. HINES David A. Hines requests he be awarded veterans preference retroactively on the open competitive Fire Fighter lists for various municipalities on which his name appears. ACTION: The Merit System Board directed that this appeal be denied. B-62 DAVID HERRON David Herron 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 Fire Fighter (M9999A). ACTION: The Merit System Board directed that this appeal be denied. B-63 JEFFREY YUNCKES Jeffrey Yunckes appeals his volunteer points and the administration of the written and physical performance portions of the open-competitive examination for Fire Fighter M9999A. ACTION: The Merit System Board directed that this appeal be denied. B-64 PROPOSED AMENDMENT TO N.J.A.C. 4A:6-1.22 DONATED LEAVE PROGRAM It is recommended that the proposed amendment to N.J.A.C. 4A:6-1.22, Donated Leave Program, be adopted without change. ACTION: The Merit System Board adopted the proposed amendment without change. B-65 MERIT SYSTEM BOARD MINUTES The Merit System Board Minutes for the meeting of November 21, 2000 are submitted for adoption. ACTION: The Merit System Board adopted the minutes of November 21, 2000. VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Abstained) Leo Vartan (Yes) B-66 DARRYL MARTIN The appeal of Darryl Martin, a County Correction Officer with the Monmouth County Sheriff's Office, of his removal effective February 17, 1998 on charges, was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on September 15, 2000, reversing the removal. At its meeting on October 24, 2000, the Board adopted the ALJ's recommendation. The proposed final decision is now submitted for the Board's review. ACTION: The Merit System Board adopted the final decision. VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Abstained) Judith L. Shaw (Yes) Leo Vartan (Yes) B-67 STEPHEN GREENE The appeal of Stephen Greene, an Electrician with the Camden County Municipal Utilities Authority, of his removal effective February 2, 2000 on charges, was heard by Administrative Law Judge Bernard Goldberg (ALJ), who rendered his initial decision on October 12, 2000, upholding the removal. At its meeting on November 21, 2000, the Board 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: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Abstained) Leo Vartan (Yes) B-68 JOHN GAROFALO The Department of Environmental Protection and John Garofalo request acknowledgement and approval of a settlement agreement which resolves Mr. Garofalo's special reemployment list removal appeal. ACTION: The Merit System Board acknowledged the settlement. B-69 PATRICIA JACOBOSKI The appointing authority of the Department of Personnel, on behalf of Monica Drozd, a retired employee, requests relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit her to donate more than ten sick days to Patricia Jacoboski who is participating in the donated sick leave program. In addition, the appointing authority is also requesting that the participating employee (Patricia Jacoboski) be eligible to receive an additional 90 days beyond the 180 maximum for continuation of donated leave. ACTION: The Merit System Board granted the requests. VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes) B-70 SALARY REGULATIONS, SUPPLEMENT 1, MANAGEMENT SALARY REGULATION AMENDMENT #1, STATE POLICE, FOR FISCAL YEAR 2001 It is recommended that the Supplement to the Salary Regulation amendment #1, State Police, for fiscal year 2001 be recorded. ACTION: The Merit System Board recorded the Supplement to the Salary Regulation amendment #1, State Police for fiscal year 2001. B-71 EARLY SETTLMENTS Rashid Bey Ancora Psychiatric Hospital Department of Human Services 15-day suspension Adrianna Carluccio County of Hudson Department of Health and Human Services Removal Shamika Harper Ancora Psychiatric Hospital Department of Human Services 10-day suspension ACTION: The Merit System Board acknowledged the settlements. There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, December 19, 2000, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey. __________________________________ JANICE MITCHELL MINTZ COMMISSIONER MERIT SYSTEM BOARD

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