A regular meeting of the Merit System Board was held on Tuesday, April 24, 2001, 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 30, 2000, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.
DATE: March 26, 2001

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 on the State Classification Plan - Addition of Workweek

DEPARTMENT OF TRANSPORTATION
The Department of Transportation has requested the establishment of a 40-hour workweek for the title Buyer.

The addition of a 40-hour workweek is needed for positions which support Maintenance and Operations in providing for daily and emergency needs within Regional Operations divisions which have a preponderance of staff working 40 hours per week.

Your approval of this request is recommended.

ADDITION OF WORKWEEK
Effective: 4/8/00

Buyer
P23 Career Dept. code: * Workweek 40/12

DATE: March 13, 2001

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 the State Classification Plan

DEPARTMENT OF HUMAN SERVICES
This department is requesting the following position number reallocated to the Career Service into the Senior Executive Service as set forth in N.J.A.C. 4A:3-2.2.

As a result of a recent reorganization in the Division of Youth and Family Services, an extensive needs assessment and analysis of program operations was conducted. Subsequently, it was determined that a restructuring of service delivery systems was required in order to streamline and more efficiently and effectively utilize available resources.

In light of the sensitive nature of the services provided by this program, it is essential that the realignment of resources have very little impact on operations. Therefore, we are recommending a position be assigned the functions of implementing and facilitating the transition to the new streamlined structure. This position is an important component for the successful completion of the restructuring of the service delivery systems. The position will be assigned to the Office of Program Operations, reporting directly to the Deputy Director. Accountability and responsibility factors will include several major facets of the element including the Office of Child Abuse Control, the division's Action Line, Residential Treatment Centers, and will coordinate Conflict of Interest investigations and statewide case practice review and training.

In view of the above, and the confidentiality and sensitivity aspects associated with these functions it is our determination that this position meets the criteria mandated by N.J.A.C. 4A:3-2.2 for allocation for Senior Executive status. Therefore, we are requesting approval for reallocation of Position #056602 from the Career Service to the Senior Executive Service effective December 30, 2000.

If you have any questions regarding this matter, please contact me.

REALLOCATION OF SERVICE
Effective Date: 12/30/00

Position #056602
From: Tentative Title (Management)-X98-60015C
To: Senior Executive Service - M98-90752
DATE: March 14, 2001

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 on the State Classification Plan - Addition of Workweek

MONTCLAIR STATE COLLEGE
Montclair State College has requested the creation of the title, Senior Building Maintenance Worker (10 months) for use at the New Jersey School of Conservation in Sussex County. This title will be used to classify positions responsible for performing custodial work and maintenance of school buildings during the school year, but are not needed during the summer months.

I recommend approval of this request.

ADDITION OF TITLE
Effective: 4/7/2001

Senior Building Maintenance Worker (10 months)
O 05- Non-Competitive Workweek: 40

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Mary Blanton
South Wood State Prison
Department of Corrections
Removal

In the Matter of Geraldine Brown
Division of Accounting
Department of Labor
Return to permanent title at the end of the working test period

Anthony Donaldson
Department of Public Works
City of Atlantic City
Removal

In the Matter of Alan Johnson
East Jersey State Prison
Department of Corrections
Removal

In the Matter of Maria Valencia
Buttonwood Hospital
County of Burlington
Removal

RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT

ACTION: The Merit System Board acknowledged the settlements.

A-2 EVANGELINE M. DIXON
Evangeline M. Dixon, Regional Staff Nurse, Department of Health and Senior Services, return to the permanent title of Head Nurse, 12 Months at the end of the working test period effective June 19, 1999.

Recommendation of the Administrative Law Judge - Uphold the return to the appellant's permanent title of Head Nurse, 12 Months at the end of the working test period.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-3 PABLO FONSECA
Pablo Fonseca, Chief Code Enforcement Officer, Department of Neighborhood and Recreational Services, City of Newark, suspension for 42 days and demotion effective August 10, 1999, on the charges of conduct unbecoming a public employee, neglect of duty, and other sufficient cause.

Recommendation of the Administrative Law Judge - Reverse the 42-day suspension and the demotion.

ACTION: The Merit System Board directed that this matter be held over.

A-4 MANUEL GONZALEZ
Manual A. Gonzalez, Senior Corrections Officer, New Jersey State Prison, Department of Corrections, suspension for 10 days, on charges of safety and security precautions, violation of related administrative procedures, and other sufficient cause.

Recommendation of the Administrative Law Judge - Reverse the 10-day suspension.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Abstained)
Judith L. Shaw (Yes)
Leo Vartan (Yes)

A-5 MANUEL GONZALEZ
Manuel A. Gonzalez, Senior Correction Officer, New Jersey State Prison, Department of Corrections, suspension for 10 days, on charges of neglect of duty, other sufficient cause, safety and security precautions, negligence, violation of administrative procedures, and performance.

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 DONNA HOGAN
Donna Hogan, Head Nurse 12 Months, Ancora Psychiatric Hospital, Department of Human Services, suspension for 60 days, on the charge of incompetency.

Recommendation of the Administrative Law Judge - Dismiss the charge with respect to the July 20, 1999 incident and modify the 60-day suspension to a 20-day-day suspension based on the July 6, 1999 incident.

ACTION: The Merit System Board directed that this matter be held over.

A-7 FRANK HUDSON
Frank Hudson, Laborer, City of Newark, Department of Neighborhood Services, removal effective June 11, 1998, on charges of conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

VOTE:

A-8 NICHOLAS KISELLA
Nicholas Kisella, Youth Worker, Juvenile Justice Commission, 1) 10-day suspension on the charge of conduct unbecoming a public employee and 2) 10-day suspension on charges of conduct unbecoming a public employee and other sufficient cause (failure to follow policies and procedures).

Recommendation of the Administrative Law Judge - Modify the 10-day suspension (June 17, 1999 incident) to a 30-day suspension and modify the 10-day suspension (October 10, 1999 incident) to a four-day suspension.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-9 TINA MALINOWSKI
Tina Malinowski, Senior Correction Officer, Edna Mahan Correctional Facility for Women, Department of Corrections, suspension for 20 days, on charges of personal conduct (verbal abuse of an inmate, patient, client, resident, or employee).

Recommendation of the Administrative Law Judge - Modify the 20-day suspension to a 15-day suspension.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-10 JAMES J. MILLER, SR. (REMAND)
James J. Miller, Sr., Clerk Driver/Stock Handler, County of Atlantic, Department of the County Administrator, indefinite suspension, on the charge of conduct unbecoming a public employee (actions involving criminal matters).

Recommendation of the Administrative Law Judge - Dismiss with prejudice.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-11 WILBERTO RIVERA
Wilberto Rivera, Police Sergeant, Police Department, City of Newark, suspension for 30 days, on the charge of neglect of duty.

Recommendation of the Administrative Law Judge - Uphold the 30-day suspension.

ACTION: The Merit System Board directed that this matter be held over.

A-12 EDWARD W. BRELSFORD
Edward W. Brelsford, Training Officer (Law Enforcement), County Jail, County of Burlington, removal effective June 9, 2000, on charges of conduct unbecoming a public employee, other sufficient cause (manual, rules, and regulations for officers and employees), rules for custodial personnel and jail employees, and three counts of first degree aggravated sexual assault.

Recommendation of the Administrative Law Judge - Dismiss the matter on the basis of the Superior Court Forfeiture Order.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-13 YVETTE S. HALL

Yvette S. Hall, Senior Correction Officer, Northern State Prison, Department of Corrections, removal effective August 29, 1999, on charges of conduct unbecoming an employee; improper or unauthorized contact with an inmate; undue familiarity with inmates, parolees, their families or friends; inappropriate physical contact or mistreatment of an inmate, patient, client, resident or employee.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-14 HAROLD HOWELL
Harold Howell, Cottage Training Technician, Woodbine Developmental Center, Department of Human Services, removal effective March 3, 1999, on the charge of conduct unbecoming a State employee.

Recommendation of the Administrative Law Judge - Reverse the removal.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-15 JAMIE SMITH
Jamie Smith, Sheriff's Officer, Sheriff's Office, County of Hudson, removal effective March 26, 1997, on charges of insubordination and failure to call or late call-in for illness.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-16 WILLIAM WILLIAMS
William Williams, Laborer Heavy, Department of Public Works, City of Trenton, removal effective July 30, 1999, on charges of conduct unbecoming a public employee and physically assaulting a supervisor.

Recommendation of the Administrative Law Judge - Reverse the removal.

ACTION: The Merit System Board directed that this matter be held over.

A-17 DAVID CSIMBOK
David Csimbok, appeal of the decision of Human Resource Information Systems which up held his bypass on the list for Police Sergeant (PM0959U), Borough of Carteret.

Recommendation of the Administrative Law Judge - Reverse the bypass and award the appellant the position of Sergeant retroactive to an appropriate date of appointment with back pay, benefits, and attorney fees.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-18 M.H.
M.H., a Senior Youth Worker with the Division of Youth and Family Services, Department of Human Services, was removed from her position, effective March 18, 1999, on a charge of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the removal and the record in the matter is ordered sealed.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge. (Decision is only available to the parties.)

SECTION B - MISCELLANEOUS MATTERS
B-1 MICHAEL F. GAINES
Michael F. Gaines, represented by David J. DeFillippo, Esq., appeals his rejection as a Police Officer candidate by the Borough of Sayreville and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.

ACTION: The Merit System Board directed that this appeal be granted.

B-2 MICHAEL R. LEKSTON
Michael R. Lekston appeals the request by Passaic County to remove his name from the County Correction Officer (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-3 WALTER RADLINGER
Walter Radlinger appeals his rejection as a County Correction Officer candidate by Camden County and its request to remove his name from the eligible list for County Correction Officer on the basis of medical unfitness to perform effectively the duties of the position.

ACTION: The Merit System Board directed that this appeal be granted.

B-4 WILLIAM J. ANDERSON
William J. Anderson, a Senior Correction Officer at Northern State Prison, Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be denied.

B-5 JOHN BURKE
John Burke, a Senior Correction officer at Southern State Prison, Department of Corrections, represented by Walter H. Iacovone, Esq., appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be granted.

B-6 STEVEN CAHILL
Steven Cahill, a Senior Wildlife Worker with the Department of Environmental Protection (DEP), represented by Allen J. Littlefield, Esq., appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be granted.

B-7 PATRICIA CREWS
Patricia Crews, a Cottage Training Supervisor with the 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 granted.

B-8 JAMES F. DUNNION
James F. Dunnion, a Dispatcher/Repairer 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 granted.

B-9 FRANCES DURST
Frances Durst, a practical Nurse with Trenton Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be granted.

B-10 ANITA GARCIA-PORTO
Anita Garcia-Porto, a Family Service Specialist 3 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 granted.

B-11 LINDA L. HARRIS
Linda L. Harris, a Cottage Training Technician with 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-12 MICHAEL HEMENWAY
Michael Hemenway, a Senior Correction Officer at Albert C. Wagner Youth Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be granted in part.

B-13 IRENE T. KELLY
Irene T. Kelly, a Principal Clerk Typist with the Office of the Public Defender, represented by Victor B. Matthews, Esq., appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be denied.

B-14 CARL LADD
Carl Ladd, a Youth Worker Supervisor 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 granted.

B-15 ROXANNE LAMPE
Roxanne Lampe, a Practical Nurse with 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 denied.

B-16 JEANNETTE LEE
Jeannette Lee, a Senior Correction Officer with Southern State Correctional Facility, Department of Corrections, represented by Robert S. Greenberg, Esq., appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be denied.

B-17 FRANCINE LOCKLEAR
Francine Locklear, a Cottage Training Technician at 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-18 DENNIS J. MANGAN
Dennis J. Mangan, a Principal Field Representative (Housing), Housing Assistance Program, 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-19 PATRICIA MARTIN
Patricia Martin, a Hairdresser at 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 granted.

B-20 FLORENCE E. MILLER
Florence E. Miller, a Cottage Training Supervisor with 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-21 JILL OMURA
Jill Omura, a Teacher 1 with the Department of Human Services, represented by George Krevet, Staff Representative, CWA Local 1037, appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be denied.

B-22 LARRY PARKS, SR.
Larry Parks, Sr., a Locksmith with Woodbine 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-23 SANTOSH PUNIANI
Santosh Puniani, a former Head Nurse (12 Months) with the New Jersey Veterans' Memorial Home at Paramus, Department of Military and Veterans' Affairs, represented by Gary Staples, 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-24 ELIZABETH ROCKEL
Elizabeth Rockel, a Customer Service Representative 3 with the Department of Health and Senior Services, appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board referred the matter to the Medical Examiners' Panel.

B-25 PATRICIA SATTILARO
Patricia Sattilaro, a Family Service Specialist 3, with the Division of Youth and Family Services, Department of Human Services, represented by Robert C. Shea, Esq., appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be denied.

B-26 FREDRICK J. SHARP
Fredrick J. Scharp, a former Clerk Typist with Rowan University, appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be granted.

B-27 DELORES WORTHY
Delores Worthy, a Human Services Technician with Trenton Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be denied.

B-28 ANGEL ACETTI
Angel Acetti appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999V), City of Camden, based on his failure to meet the residency requirements.

ACTION: The Merit System Board directed that this appeal be denied.

B-29 JAMES BOLDEN
James Bolden, appeals the removal of his name from the eligible list for Training Officer (M0890A), Jersey City School District, on the basis that he lacked the required experience.

ACTION: The Merit System Board directed that this appeal be denied.

B-30 JAMES BOLDEN
James Bolden, represented by Dena M. Epstein, Esq., appeals the decision of Human Resource Information Services (HRIS), which found that the appointing authorities had presented a sufficient basis to remove his name from the eligible lists for Principal Personnel Technician (M0408O), Municipal Court Administrator (M6505W), Executive Director Office of the Aging (M0830U) and (M6229O), Jersey City, and Business Manager (M6367O), Jersey City Public Library, on the basis of an unsatisfactory employment record.

ACTION: The Merit System Board directed that this appeal be denied.

B-31 INEZ BUTTERFIELD
Inez Butterfield appeals the determination of Human Resource Information Services which upheld the removal of her name from the Complaints Investigator (S9037A) eligible list for failure to meet the experience requirements for the position.

ACTION: The Merit System Board directed that this appeal be denied.

B-32 EDDIE CHAPMAN
Eddie Chapman, represented by Ben J. Zander, Esq., appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Fire Fighter (M9064S), City of Camden, for failure to meet the age requirement for the position.

ACTION: The Merit System Board directed that this appeal be denied.

B-33 WILLIAM CIOFFI, JR.
William Cioffi, Jr., appeals the decision of Human Resource Information Services, which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Inspector, Multiple Dwelling (S6200A), Department of Community Affairs, on the basis that he lacked the experience.

ACTION: The Merit System Board directed that this appeal be denied.

B-34 JOAO DASILVA
Joao DaSilva, represented by Anthony J. Fusco, Jr., Esq., appeals the decision of Selection Services, which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999V), City of Newark, on the basis of an unsatisfactory criminal record.

ACTION: The Merit System Board directed that this appeal be denied.

B-35 KETAN DOSHI
Ketan Doshi appeals the decision of Human Resource Information Services which found that William Paterson University had presented a sufficient basis to remove the appellant's name from the Senior Audio/Visual Technician (S0071O) eligible list as a result of having falsified his employment application.

ACTION: The Merit System Board directed that this appeal be denied.

B-36 DAVID EICHER
David Eicher appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Ranger Trainee (S9999W), Department of Environmental Protection on the basis of an unsatisfactory background report.

ACTION: The Merit System Board directed that this appeal be denied.

B-37 STEPHEN GOLDSTEIN
Stephen Goldstein appeals the decision of Human Resource Information Services which found that the City of Atlantic City had presented a sufficient basis to remove the appellant's name from the Field Representative, Property Improvement (M0599O & M1249B) eligible lists as the result of not having completed pre-employment processing.

ACTION: The Merit System Board directed that this appeal be denied.

B-38 JOYCE GRAY
The appointing authority for the County of Essex appeals the decision of Human Resource Information System (HRIS), which found that it had not presented a sufficient basis to remove Joyce Gray's name from the eligible list for Senior Admissions/Records Officer (PC1575W), County of Essex, on the basis of an unsatisfactory employment record which related adversely to the position sought.

ACTION: The Merit System Board granted the appeal and directed that Joyce Gray's name be removed from the eligible list.

B-39 SY A. LIVINGSTON, SR.
Sy A. Livingston, Sr., appeals the decision of Human Resource Information Services which found that Essex County had presented a sufficient basis to remove the appellant's name from Social Worker, Juvenile Rehabilitation (C0292O) eligible list due to an unsatisfactory criminal record.

ACTION: The Merit System Board directed that this appeal be denied.

B-40 TIMOTHY MCENROE
Timothy McEnroe appeals the decision of Human Resource Information Services, which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Occupational Safety Consultant 2 (S0428A), Department of Labor, on the basis that he lacked the required education and experience.

ACTION: The Merit System Board directed that this appeal be denied.

B-41 NICOLE MEASE
Nicole Mease appeals the decision of Selection Services, which found that the Department of Corrections had presented a sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9999W) eligible list due to an unsatisfactory background report.

ACTION: The Merit System Board directed that this appeal be denied.

B-42 EUGENE ONUKOGU
Eugene Onukogu appeals the request of the Passaic County Vicinage 11, the Judiciary, to remove his name from the Investigator 1 (S0568B), Passaic County Vicinage 11, 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-43 RICHARD PITTS
Richard Pitts appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9999W) eligible list as a result of falsification of his employment application.

ACTION: The Merit System Board directed that this appeal be denied.

B-44 LOLITA PORTER
Lolita Porter appeals the decision of Human Resource Information Systems (HRIS) which found that Union County had presented a sufficient basis to remove the appellant's name from the Data Control Clerk (PC0166W) eligible list, due to her failure to respond to a certification notice.

ACTION: The Merit System Board directed that this appeal be denied.

B-45 JOSEPH M. PRZYGOCKI
Joseph M. Przygocki, represented by D. William Subin, Esq., appeals the determination of Selection Services which upheld the bypass of his name for appointment from the Chief Ranger 2 (PS5136G), Department of Environmental Protection (DEP) eligible list.

ACTION: The Merit System Board granted a hearing.

B-46 ROBERT STEAD
Robert Stead appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Fire Fighter (M0799U), Township of Kearny, for failure to meet the age requirement for this position.

ACTION: The Merit System Board directed that this appeal be denied.

B-47 ARTHUR ROCK
Arthur Rock, a Supervising Family Service Specialist 2 with the Department of Human Services, appeals the decision of Human Resource Information Services which upheld his non-appointment from the list for District Office Manager 1, DYFS (PS8282K).

ACTION: The Merit System Board directed that this appeal be denied.

B-48 JAMES SMITH
The Lakewood Township Fire District No. 1, represented by Richard M. Braslow, Esq., appeals the decision of Selection Services which denied its request to revive and restructure the list for Fire Fighter (M3888X) to provide preference to volunteer Fire Fighters. It also requests that the name of James Smith be removed from the Fire Fighter (M3888X) list for failure to complete preemployment processing.

ACTION: The Merit System Board denied the request to revive and restructure the list for Fire Fighter (M3888X) to provide preference to volunteer Fire Fighters. The Merit System Board granted the request to remove James Smith's name from the Fire Fighter (M3888X) list.

B-49 SHANNON STONEHAM-GAETANO AND MARIE CIUFO
Shannon Stoneham-Gaetano and Maria Ciufo, County Correction Officers with the County of Monmouth, represented by Anthony J. Fusco, Jr., Esq., seek enforcement of the Merit System Board decision rendered on January 11, 2000, granting them back pay and benefits. Appellants also seek counsel fees for their representation in the instant request.

ACTION: The Merit System Board granted Shannon Stoneham-Gaetano the gross amount of $7,628.49 for back pay, granted her reimbursement for the cost of maintaining her health insurance coverage and awarded sick leave. The Merit System Board granted Maria Ciufo the gross amount of $24,820.91 for back pay and awarded sick leave. The Merit System Board denied the requests for counsel fees.

B-50 WINNIE BOEN
The Merit System Board (Board), on its own motion, reconsiders Winnie Boen's claims of discrimination and reprisal based on the error in In the Matter of Winnie Boen (MSB, decided February 14, 2001).

ACTION: The Merit System Board affirmed the February 14, 2001 decision in total with the exception of that portion referring to Boen as an African-American.

B-51 THOMAS STREMME
Thomas Stremme, a Senior Correction Officer with the Department of Corrections, represented by Bruce M. Gorman, Esq., requests reconsideration of the Merit System Board's decision, In the Matter of Thomas Stremme, Correction Sergeant, Department of Corrections (PS7099I) (MSB, decided January 17, 2001).

ACTION: The Merit System Board denied the request.

B-52 RYAN BROUGHTON
Ryan Broughton, a Cottage Training Technician with the Woodbine Developmental Center, Department of Human Services, appeals his removal on the charge of conduct unbecoming a public employee. The settlement agreement is submitted for the Board's review and acknowledgement.

ACTION: The Merit System Board acknowledged the settlement.

B-53 EDGARDO GONZALEZ
Edgardo Gonzalez, a Police Officer with the Newark Police Department, appeals his release at the end of the working test period effective July 23, 1999. The settlement agreement is submitted for the Board's review and acknowledgement.

ACTION: The Merit System Board acknowledged the settlement.

VOTE:

B-54 TODD MCCLENDON
Todd McClendon, represented by Craig S. Gumpel, Esq., appeals the removal of his name from the eligible list for Police Officer, City of Newark (M3394X). The matter was heard by Administrative Law Judge Elinor R. Reiner (ALJ), who rendered her initial decision on September 12, 2000, acknowledging the settlement. The settlement agreement is submitted for the Board's review and acknowledgement.

ACTION: The Merit System Board acknowledged the settlement and directed that the eligible list be revived for the purpose of Todd McClendon's appointment as a Police Officer with the City of Newark.

VOTE:

B-55 KENNETH HILL
The appeal of Kenneth Hill, a Supervising Medical Security Officer at Ann Klein Forensic Center, Department of Human Services, of his 20-day suspension beginning November 12, 1999 on charges, was heard by Administrative Law Judge Anthony T. Bruno (ALJ), who rendered his initial decision on January 26, 2001, reversing the suspension. At its meeting on March 13, 2001, 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.

B-56 JEFFREY JUSKO
The appeal of Jeffrey Jusko, a Police Sergeant with the Parsippany-Troy Hills Police Department, of his removal, effective May 14, 1998 on charges, was heard by Administrative Law Judge Richard McGill (ALJ), who rendered his initial decision on January 5, 2001, modifying the removal to a six-month suspension. At its meeting on March 13, 2001, 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.

B-57 RICHARD E. LEIGH
The appeal of Richard E. Leigh, a Truck Driver, Heavy, with the Township of Ewing, of his removal, effective August 16, 1999, on charges, was heard by Administrative Law Judge Bruce R. Campbell (ALJ), who rendered his initial decision on February 2, 2001. At its meeting on March 13, 2001, the Merit System Board (Board) did not adopt the ALJ's recommendation to uphold the removal. Rather, the Board determined that a resignation in good standing was warranted. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-58 EDWARD O'LONE
The appeal of Edward O'Lone, a Section Chief, Health Care Facility, at the Forensic Psychiatric Hospital, Department of Human Services, of his 90-day suspension, effective September 29, 1999, on charges, was heard by Administrative Law Judge Bruce R. Campbell (ALJ), who rendered his initial decision on January 22, 2001, upholding the suspension. At its meeting on March 13, 2001, 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.

B-59 OLEY WATKINS
The appeal of Oley Watkins, a Residential Services Worker at Woodbine Developmental Center, Department of Human Services, of his removal effective October 21, 1998 on charges, was heard by Administrative Law Judge Edgar R. Holmes (ALJ), who rendered his initial decision on February 7, 2001. At its meeting on March 13, 2001, the Board did not adopt the ALJ's recommendation to modify the removal to a six-month suspension. Rather, the Board upheld the removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-60 ROBERT LEAKS, JR.
The appeal of Robert Leaks, Jr., a Police Officer with the Newark Police Department, of his 92-day suspension on charges, was heard by Administrative Law Judge Irene Jones (ALJ), who rendered her initial decision on January 23, 2001, reversing the suspension. At its meeting on March 27, 2001, the Board did not adopt the ALJ's recommendation. Rather, the Board concluded that a 13-day suspension was warranted. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

VOTE:

B-61 DONALD NUGENT
The appeals of Donald Nugent, a Supervising Paramedic, Township of Hamilton, of his 60-day suspension and removal on charges, both effective January 5, 1998, were heard by Administrative Law Judge Bruce R. Campbell (ALJ), who rendered his initial decision on February 8, 2001. At its meeting on March 27, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to uphold the removal. Additionally, the Board upheld the 60-day suspension, which was not specifically addressed by the ALJ. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-62 WILLIAM OLIVER
The appeal of William Oliver, Safety Specialist 2, Division of Motor Vehicles, Department of Transportation, of his removal effective May 23, 1997 on charges, was heard by Administrative Law Judge Jeffrey A. Gerson (ALJ), who rendered his initial decision on December 18, 2000. At its meeting on March 27, 2001, the Merit System Board (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.

B-63 DAVID PRICE
The appeal of David Price, a Human Services Technician with Ancora Psychiatric Hospital, Department of Human Services, of his removal, effective May 4, 1998 on charges, was heard by Administrative Law Judge Robert W. Scott (ALJ), who rendered his initial decision on February 14, 2001. At its meeting On March 27, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to uphold the appellant's removal. Rather, the Board concluded that a 90-day suspension was warranted. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-64 MARY B. SHANNON
The appeal of Mary B. Shannon, a Bus Driver with the New Lisbon Developmental Center, Department of Human Services, of her removal effective September 3, 1999 on charges, was heard by Administrative Law Judge Kathryn A. Clark (ALJ), who rendered her initial decision on February 8, 2001. At its meeting on March 27, 2001, the Merit System Board did not adopt the ALJ's recommendation to modify the removal to a written warning and a $150 fine. Rather, the Board concluded that the appropriate penalty was a 15-day suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-65 JOSEPHINE WATKINS
The appeal of Josephine Watkins, a Program Development Aide, Community Services, with Mercer County, of her removal, effective December 10, 1999, on charges, was heard by Administrative Law Judge Bruce R. Campbell (ALJ), who rendered his initial decision on February 20, 2001. At its meeting on March 27, 2001, the Merit System Board (Board) did not adopt the ALJ's recommendation to uphold the removal. Rather, the Board determined that a resignation in good standing was warranted. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-66 GARLAND AIKEN
Garland Aiken appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Training Officer, Corrections (PS4016V), Essex County.

ACTION: The Merit System Board directed that this appeal be denied.

B-67 JACQUELINE ANDERSON
Jacqueline Anderson appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Supervisor 2, Division of Motor Vehicles (PS9852T), Department of Transportation.

ACTION: The Merit System Board directed that this appeal be granted.

B-68 JACQUELINE ANDERSON, ET AL.
Jacqueline Anderson, Thomas Bramley, Donna Cucinotta, Arlene Davison, Darlene Loftin, and Laurie Pasake 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 1, Division of Motor Vehicles (PS0138T), Department of Transportation.

ACTION: The Merit System Board directed that these appeals be denied.

B-69 EILEEN BERNHARD, ET AL.
Eileen Bernhard, Elizabeth Giambelluca, Gloria Norman, Patricia Perez, Joyce Richman, and Rose Wilson 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 Coordinator, Division of Motor Vehicles (PS9836T), Department of Transportation.

ACTION: The Merit System Board directed that these appeals be denied.

B-70 JOYCE H. BEUKEMA
Joyce H. Beukema 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 Management Assistant (PS0028K), Division of Family Development.

ACTION: The Merit System Board directed that this appeal be granted.

B-71 FAITH COOPER, ET AL.
Faith Cooper, Jennell Fussell, Mark Handler, Estefania Oblea, Betty O'Kane, Nancy Pellicane and Darlene Pettus appeal the determination of the Division of Selection Services which found that they did not meet the experience requirements for the open competitive examination for Claims Examiner, Unemployment and Disability Insurance (S0582B).

ACTION: The Merit System Board directed that this appeal be denied.

B-72 COLLEEN FRANTA
Colleen Franta 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 (Data Processing) (PS9663I), Department of Corrections.

ACTION: The Merit System Board directed that this appeal be denied.

B-73 DARLENE LOFTIN, ET AL.
Darlene Loftin, Laurie Pasake and Kimberly Stam 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 2, Division of Motor Vehicles (PS9852T), Department of Transportation.

ACTION: The Merit System Board directed that these appeals be denied.

B-74 CONSTANCE ROSSEEL
Constance Rosseel appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Chief Clerk (PC2136A), Monmouth County.

ACTION: The Merit System Board directed that this appeal be granted.

B-75 MARIE A. SORGENTI
Marie A. Sorgenti 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 Management Assistant (PS0028K), Division of Family Development.

ACTION: The Merit System Board directed that this appeal be granted.

B-76 SAMUEL DAVIS, ET AL.
Samuel Davis, Andre Howard, Roy McIntosh, Marco Ortiz, Luis Ramos, Alexy Sosa, Robert Taylor and Wilfredo Valez, Jr. appeal their scores for the written cognitive portion of the examination for Fire Fighter (M9999A). It is noted that appellants failed the examination.

ACTION: The Merit System Board directed that this appeal be denied.

B-77 SHANNON NELSON
Shannon Nelson appeals her score for the physical performance portion of the Fire Fighter (M9999A) examination.

ACTION: The Merit System Board directed that this appeal be denied.

B-78 ANTHONY BLEDMAN
Anthony Bledman appeals the administration of the Entry Level Law Enforcement Examination (S9999B).

ACTION: The Merit System Board directed that this appeal be denied.

B-79 JOHN COPPOLA
John Coppola appeals the administration of the oral portion of the examination for Fire Captain (PM3594A), City of Plainfield.

ACTION: The Merit System Board directed that this appeal be denied.

B-80 EVARISTO FONTANEZ
Evaristo Fontanez appeals the determination of the Division of Selection Services which found that he did not submit his application before the closing date for the promotional examination for Family Service Specialist 2 (Bilingual in Spanish and English) (PS9504K), Division of Youth and Family Services.

ACTION: The Merit System Board directed that this appeal be denied.

B-81 JOSEPH J. KACHINSKY
Joseph J. Kachinsky appeals the determination of the Division of Selection Services which found that he failed to file a timely application for the promotional examination for Construction Official (PM1511B), Middletown Township.

ACTION: The Merit System Board directed that this appeal be granted.

B-82 JOHN LEWIS
John Lewis appeals the decision of the Division of Selection Services which found that he lacked the required amount of continuous permanent status as of the closing date for the Fire Lieutenant (PM2570A), Passaic, promotional examination.

ACTION: The Merit System Board directed that this appeal be denied.

B-83 DENISE E. WILLIAMS
The Director, Division of Selection Services, on behalf of Rowan University, requests that Denise E. Williams' out-of-title work experience be accepted to satisfy the experience requirements for admittance to the promotional examination for Secretarial Assistant 3, Non-Stenographic (PS0636J).

ACTION: The Merit System Board granted the request.

B-84 NICHOLAS DONATO
Nicholas Donato requests reconsideration of the final administrative decision rendered on October 11, 2000 in which appellant's appeal of question 69 of the Police Sergeant (PM2518A), Clifton examination, was denied.

ACTION: The Merit System Board denied the request for reconsideration.

B-85 DANILO GARCIA, ET AL.
Danilo Garcia and Tomas Padilla (PM2587A) Hackensack; John Mioduszewski (PM2589A) Holmdel Township; Thomas Zirolli (PM2592A) Jersey City; Dennis brown (PM2594A) Little Egg Harbor Township; and Eric Landau (PM2595A) Marlboro Township, each represented by Larry Holtz, Esq., request reconsideration of the final administrative decision rendered on December 19, 2000 in which appellants' appeals of question 50 of the Police Lieutenant examination were denied.

ACTION: The Merit System Board denied the request for reconsideration.

B-86 RUSSELL F. MACKEL
The appointing authority, on behalf of Russell F. Mackel, petitions the Merit System Board for reconsideration of the decision rendered on July 11, 2000 which found that he did not meet the experience requirements for the promotional examination for Management Specialist (PM1876W), Willingboro Township.

ACTION: The Merit System Board granted the request for reconsideration.

B-87 HELENA A. CLINTON
Helena A. Clinton 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 Management Assistant (PS0028K), Division of Family Development.

ACTION: The Merit System Board directed that this appeal be denied.

B-88 TERRI L. HOLZBAUR
Terri L. Holzbaur 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 (Data Processing) (PS9663I), Department of Corrections.

ACTION: The Merit System Board directed that this appeal be denied.

B-89 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of April 10, 2001 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of April 10, 2001.

VOTE:

B-90 ELIZABETH MALAVE
Elizabeth Malave, represented by Vincent C. Scoca, Esquire, appeals her rejection as a Police Officer candidate by the City of Newark and its request to remove her name from the eligible list for Police Officer on the basis of psychological unfitness to perform the duties of the position.

It is noted that this matter was held over from the April 10, 2001 Merit System Board meeting.

ACTION: The Merit System Board directed that this appeal be denied.

VOTE:

B-91 ROMAN MCKEON AND AURELIO VASQUEZ
The City of Perth Amboy, represented by Rodney T. Hara, Esq., requests interlocutory review of the oral opinion of Administrative Law Judge Kathryn A. Clark (ALJ) in Roman McKeon v. City of Perth Amboy and Aurelio Vasquez v. City of Perth Amboy pursuant to N.J.A.C. 1:1-14.10(a).

ACTION: The Merit System Board granted the request for interlocutory review and directed that the oral opinion be reversed.

B-92 JAMES VOAG
The appeal of James Voag, Senior Correction Officer, Mountainview Youth Correctional Facility, Department of Corrections, of his removal effective September 20, 1999 on charges, was heard by Administrative Law Judge Kathryn A. Clark (ALJ), who rendered her initial decision on December 13, 2000. At its meeting on March 13, 2001, the Merit System Board (Board) did not adopt the ALJ's recommendation to modify the removal to a three-month suspension. Rather, the Board upheld the removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-93 DONNELL AMAKER
Donnell Amaker appeals the request of the County of Union to remove his name from the eligible list for County Correction Officer (C5436R) based on an unsatisfactory background report. The matter was heard by Administrative Law Judge Edith Klinger (ALJ), who rendered her initial decision on February 14, 2001, upholding the removal of Amaker's name from the eligible list. At its meeting on March 27, 2001, the Merit System 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.

B-94 SAMUEL HARGROVE
The appeal of Samuel Hargrove, a County Correction Officer with Burlington County, of his 10-day and 45-day suspensions, on charges, was heard by Administrative Law Judge Robert W. Scott (ALJ), who rendered his initial decision on February 9, 2001, reversing the suspensions. At its meeting on March 27, 2001, 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.

B-95 EARLY SETTLEMENTS
Phillip Barton
Burlington County
Department of Corrections
6-day suspension

Robert Bushnell
Department of Transportation
12-day suspension

Christopher Distephano
Trenton State Prison
Department of Corrections
Removal & 15-day suspension

Helen Jalahk
NJ Veterans' Memorial Home at Paramus
Department of Military and Veterans' Affairs
30-day suspension

Keith R. Johnson
New Jersey Office of Information Technology
Removal

Paulette Johnson
Morris County
Department of Long Term Care Services
Removal

Elizabeth Namuco
Burlington County
Buttonwood Hospital
6-day suspension

Eric Williams
Mercer County
Department of Public Safety
180-suspension and demotion

Keith Williams
Juvenile Justice Commission
Department of Law and Public Safety
Release at the end of the working test period

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, May 8, 2001, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
JANICE MITCHELL MINTZ
COMMISSIONER
MERIT SYSTEM BOARD