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Hope L. Cooper, Chairperson Flavella Branham John Currie Margaret E.L. Howard
A regular meeting of the Civil Service Commission was held on Wednesday, January 27, 2010, in Trenton, New Jersey.
PRESENT: Hope L. Cooper, Chairperson, Members Flavella Branham, John Currie and Margaret E. L. Howard; Pamela Ullman, Deputy Attorney General; Henry Maurer, Director, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, Hope L. Cooper, Chairperson, 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 20, 2009 and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.
*It is noted that agenda Items A-3 Aletha Crosland and A-7 Christopher Parker were considered at the conclusion of all other agenda items.
All actions were by unanimous vote unless otherwise specified.
SECTION A – HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Paulette Caputo Department of Law and Public Safety Removal
In the Matter of Keisha Days Vineland Developmental Center Department of Human Services Release at the end of the working test period
In the Matter of Robert Fanz Gloucester County Department of Parks and Recreation Suspension
In the Matter of Ann Grego and Lois Zurich Sussex County Layoffs
In the Matter of William Hank Hunterdon Developmental Center Department of Human Services Removal
In the Matter of Yvonne Harper Atlantic County Department of Human Services Removal
In the Matter of Lee Maimone Morris County Sheriff’s Department Suspension
In the Matter of Omar Ortiz Hudson County Department of Corrections Suspension
In the Matter of Jose Ribot Monmouth County Department of Public Works, Building and Grounds Suspension
In the Matter of Mark Roberts Middlesex County Department of Youth Services Removal
In the Matter of Deborah Simmons Township of Hillside Police Department Removal
In the Matter of Elsa Soto Hudson County Department of Health and Human Services Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES – SETTLEMENT
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 EDWARD DAY (REMAND)
Edward Day, Senior Correction Officer, Juvenile Justice Commission, Department of Law and Public Safety, 15-day suspension on charges of conduct unbecoming a public employee, and violation of rules regarding professional conduct.
Recommendation of the Administrative Law Judge – Reverse the 15-day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
*A motion was made and seconded that the open session be recessed at the conclusion of all other agenda matters, and that, pursuant to Section 12(b) of the Open Public Meetings Act, the Civil Service Commission entered into Executive Session for the purpose of viewing videotapes of incidents which showed patients at State facilities involving the matters of A-3 Aletha Crosland and A-7 Christopher Parker, since the matters would constitute unwarranted invasions of individual privacy. The Commission subsequently reconvened the public meeting.
A-3 ALETHA CROSLAND
Aletha Crosland, Human Services Technician, Trenton Psychiatric Hospital, Department of Human Services, removal effective January 28, 2009, on charges of physical or mental abuse of a patient, inappropriate physical contact or mistreatment of a patient, falsification, conduct unbecoming a public employee, and other sufficient cause. This matter was held over from the January 13, 2010 Civil Service Commission meeting.
Recommendation of the Administrative Law Judge – Modify the removal to a 90-day suspension.
ACTION: The Civil Service Commission rejected the recommendation of the Administrative Law Judge and upheld the removal.
A-4 TINA KIRK
Tina Kirk, Laborer, City of Newark, Department of Neighborhood and Recreational Services, removal on charges of inability to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause.
Recommendation of the Administrative Law Judge – Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-5 ROBERT LEONARD
Robert Leonard, Police Officer, City of Newark, Police Department, removal effective October 1, 2007, on charges of inability to perform duties and violation of the Police Department rules regarding mental capability.
Recommendation of the Administrative Law Judge – Modify the removal to a resignation in good standing.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-6 MORAIMA MEDINA
Moraima Medina, Police Officer, City of Newark, Police Department, removal effective October 7, 2008, on charges of violation of the Police Department rules regarding the drug screening policy, intoxication or illegal use of drugs, and drug and alcohol use/testing for CDL.
Recommendation of the Administrative Law Judge – Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-7 CHRISTOPHER PARKER
Christopher Parker, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal effective May 29, 2009, on charges of conduct unbecoming a public employee, physical abuse of a patient, verbal abuse of a patient, inappropriate physical contact or mistreatment of a patient and violation of a policy.
Recommendation of the Administrative Law Judge – Modify the removal to a 90-day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-8 KARAMA THOMAS (REMAND)
Karama Thomas, Police Officer, City of Newark, Police Department, removal effective April 8, 2008, on charges of inability to perform duties and violation of Police Department rules regarding mental and physical capability, malingering, and cooperation and a 10-day and 20-day suspension on charges of conduct unbecoming a public employee, neglect of duty, and violation of Police Department rules regarding cooperation.
Recommendation of the Administrative Law Judge – Uphold the 10-day suspension, render the 20-day suspension moot and modify the removal to a resignation in good standing.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
SECTION B – MISCELLANEOUS MATTERS
B-1 DONICIA PERELLO
Donicia Perello, represented by James C. Jensen, Esq., appeals her rejection as a Police Officer candidate by Plainfield and its request to remove her name from the eligible list for Police Officer (S9999H) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-2 SERGIA ABREU
Sergia Abreu, a Senior Correction Officer with East Jersey State Prison, Department of Corrections, represented by Daniel Geddes, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted in part.
B-3 KEISHA DAYS
Keisha Days, a Human Services Assistant with Vineland Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-4 JANE FLORCZAK
Jane Florczak, a Principal Clerk Typist with Hunterdon Developmental Center, Department of Human Services, represented by William Kauffman, Staff Representative, CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-5 VERONICA GRAY
Veronica Gray, a Truck Driver, Single Axle, with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-6 JANET JAVE
Janet Jave, a Senior Clerk Typist with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-7 VENUS NAYLOR
Venus Naylor, a Senior Correction Officer with the Adult Diagnostic and Treatment Center, Department of Corrections, represented by Daniel Geddes, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-8 VIVIAN ORABONA
Vivian Orabona, a former Senior Correction Officer with Garden State Reception and Youth Correctional Facility, Department of Corrections, represented by Daniel Geddes, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-9 DEEDRA RICHMOND
Deedra Richmond, a Senior Correction Officer at Edna Mahan Correctional Facility for Women, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-10 EDWARD WALLACE
Edward Wallace, a Senior Correction Officer with Northern State Prison, Department of Corrections, represented by Daniel Geddes, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-11 NICOLE WILLIS, CHAD SMITH AND KEDRA HARDEN
Nicole Willis, Chad Smith and Kedra Harden, all Family Service Specialists 2 with the Department of Children and Families, appeal the denials of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-12 MOSES ECHEVARRIA
Moses Echevarria, a County Correction Officer with Cumberland County, represented by John P. Rowland, Esq., appeals the decision of the former Division of Local Human Resource Management, which upheld his non-appointment from the August 22, 2008 certification of the County Correction Sergeant (PC2651F), Cumberland County, eligible list.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-13 WILLIAM JONES, III
William Jones, III appeals the decision of the Division of State Human Resource Management which found that the Department of Corrections had presented a sufficient basis to remove his name from the Correction Officer Recruit (S9999H), eligible list due to an unsatisfactory criminal record.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-14 RONALD SLOAN
Ronald Sloan appeals the decision of the Division of State Human Resource Management which upheld the removal of his name from the Correction Lieutenant (PS7819I), Department of Corrections, eligible list on the basis of an unsatisfactory employment record.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-15 ROBERT S. VESZI
Robert S. Veszi seeks a retroactive date of appointment and differential back pay for the performance of asserted out-of-title work as a Water Treatment Plant Operator with Morris County.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-16 DIRECTOR, ECONOMIC DEVELOPMENT PROGRAM (M6949G), NEWARK
The appointing authority’s failure to dispose of the certification for Director, Economic Development Program (M6949G), Newark, while a provisional is serving in the title, has been referred to the Civil Service Commission for enforcement.
ACTION: The Civil Service Commission ordered the appointing authority to properly dispose of the certification and pay compliance costs in the amount of $500.
B-17 SECURITY GUARD (M0109K), EAST ORANGE
The appointing authority’s failure to dispose of the certification for Security Guard (M0109K), East Orange, while a provisional is serving in the title, has been referred to the Civil Service Commission for enforcement.
ACTION: The Civil Service Commission ordered the appointing authority to remove the provisional appointee, properly dispose of the certification and pay compliance costs.
B-18 SENIOR SOCIAL WORKER INSTITUTIONS (C0358K), ESSEX COUNTY
Essex County requests permission not to make an appointment from the November 10, 2008 certification for Senior Social Worker Institutions (C0358K).
ACTION: The Civil Service Commission granted the request for an appointment waiver but assessed selection costs in the amount of $2,048.
B-19 SENIOR WORD PROCESSING OPERATOR (M1270H), CITY OF NEWARK
The City of Newark requests permission not to make an appointment from the January 22, 2007 certification for Senior Word Processing Operator (M1270H).
ACTION: The Civil Service Commission granted the request for an appointment waiver but assessed selection costs in the amount of $2,048.
B-20 ZONING OFFICER (M0325L), PASSAIC CITY
Passaic City requests permission not to make an appointment from the July 13, 2009 certification for Zoning Officer (M0325L).
ACTION: The Civil Service Commission granted the request for an appointment waiver but assessed selection costs in the amount of $2,048.
B-21 KAREN CHRISTIANSEN
The Department of Labor and Workforce Development requests that the eligible list for Personnel Assistant 1 (PS9743N) be revived in order to effectuate the permanent appointment of Karen Christiansen.
ACTION: The Civil Service Commission granted the request.
B-22 ANITA BOSE
Anita Bose, a Senior Laboratory Technician with the Division of State Police, Department of Law and Public Safety, appeals the determination of the Chief of Staff, which found sufficient evidence to support a finding that she had violated the New Jersey State Policy Prohibiting Discrimination in the Workplace. This matter was held over from the January 13, 2010 Civil Service Commission meeting.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-23 TIMOTHY HERLIHY
Timothy Herlihy, a member of the Senior Executive Service with the Department of Transportation (DOT), appeals the determination of the Equal Employment Opportunity Officer with the DOT, stating that the appellant failed to present sufficient evidence to support a finding that he had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-24 ALFREDA JONES-SINGLETON
Alfreda Jones-Singleton, a Community Service Officer 1, Addictions, with the Division of Addiction Services, Department of Human Services, appeals the determination of the Assistant Commissioner, DHS, which found that the appellant did not present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-25 WILLIAM SAUNDERS
William Saunders, a Special Investigator with the Department of Law and Public Safety, appeals the determination of Shavar Jeffries, an Assistant Attorney General, stating that the appellant had failed to present sufficient evidence to support a finding that he had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-26 ROXANNE STURDIVANT
Roxanne Sturdivant, a Safety Specialist 2, Division of Motor Vehicles, with the Motor Vehicle Commission (MVC), appeals the determination of the Equal Employment Opportunity Officer with the MVC, stating that the appellant had substantiated some of her claims that she was subjected to violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-27 JEREMIAH WORTHINGTON
Jeremiah Worthington, a Senior Food Service Handler at New Lisbon Developmental Center, Department of Human Services (DHS), appeals the determination of the Assistant Commissioner of the DHS, stating that the appellant had failed to present sufficient evidence to support a finding that he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-28 ARMAND J. RANIA
Armand J. Rania, represented by Roy L. Whitmore, Esq., requests additional relief regarding his removal from the County Correction Officer (S9999H), Gloucester County, eligible list.
ACTION: The Civil Service Commission granted the request.
B-29 MICHAEL STOECKER
Michael Stoecker, a Fire Fighter with the North Hudson Regional Fire and Rescue Service, requests that his appeal of his removal and resignation not in good standing, effective September 9, 2004, be reinstated and transmitted to the Office of Administrative Law for a hearing.
ACTION: The Civil Service Commission denied the request.
B-30 JANNIE FRANICEVICH
Jannie Franicevich, a Senior Youth Worker with the Department of Children and Families, represented by Stephan Siegel, Esq., requests back pay for the period of her suspension without pay from July 13, 2007 to August 30, 2008.
ACTION: The Civil Service Commission denied the request.
B-31 MARTIN JACKSON
Martin Jackson appeals the decision of the Division of Local Human Resource Management that the proper classification of his position is Technician, Management Information Systems. The appellant seeks a Senior Systems Analyst classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-32 BONNIE LUTZ
Bonnie Lutz appeals the determination of the former Division of State Human Resource Management that her position is properly classified as a Personnel Aide 2. The appellant seeks a Personnel Aide 1 classification in this proceeding.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-33 GEOFFREY MAGARAM
Geoffrey Magaram appeals the decision of the Division of State Human Resource Management that the effective date of reclassification of his position from Senior Environmental Specialist (Air Pollution Control) to Principal Environmental Specialist (Air Pollution Control) was February 16, 2008.
ACTION: The Civil Service Commission directed that this appeal be granted in part.
B-34 FRANCINE WOOD
Francine Wood appeals the determination of the Division of State and Local Operations that her position is properly classified as a Senior Personnel Clerk. The appellant seeks a Principal Personnel Clerk classification in this proceeding.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-35 RACHEAL AFANADOR AND SANDRA RIVERA-ALVARADO
Racheal Afanador and Sandra Rivera-Alvarado request reconsideration of the Civil Service Commission’s decision rendered on August 19, 2009, which denied the appellants’ appeals of their examination scores for the bilingual portion of the examination for the open competitive examination for Human Services Specialist 1, Bilingual in Spanish and English (C1808J), Monmouth County.
ACTION: The Civil Service Commission denied the requests for reconsideration.
B-36 FELICIA FIEO, ET AL.
Felicia Fieo, a Principal Environmental Specialist, Water Resources, Richard Gunoskey, a Data Base Analyst 2, Kristin Hansen, a Principal Environmental Specialist, Water Resources, Joseph Ludovico, a Data Processing Analyst 2, and Linda Walsh, a Principal Environmental Specialist, Water Resources, with the Department of Environmental Protection (DEP), represented by Adam Liebtag, Lead Staff Representative, Communications Workers of America, Local 1036 (Local 1036), request reconsideration of the decision rendered on October 7, 2009, upholding the determinations of the Assistant Commissioner of Management and Budget, DEP, which found that the appellants did not present sufficient evidence to support a finding that they had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission denied the requests for reconsideration.
B-37 KATHLEEN GRAY
Kathleen Gray, represented by Annmarie Pinarski, Esq., requests reconsideration of the decision rendered on March 11, 2009 which upheld the determination of the Division of State Human Resource Management that the proper classification of her position is Customer Service Information Specialist 2 and the determinations of the Division of Selection Services that, as per the substitution clause for education, she was below the minimum requirements in experience for the promotional examinations for Child Support and Paternity Specialist 2 (PS5195K) and Child Support and Paternity Specialist 3 (PS9542K), Division of Family Development, Department of Human Services.
ACTION: The Civil Service Commission denied the request for reconsideration.
B-38 RHODA LIVINGSTON
Rhoda Livingston, a former Senior Correction Officer at Northern State Prison, Department of Corrections, petitions for reconsideration of the final decision rendered on August 5, 2009, which upheld her removal.
ACTION: The Civil Service Commission denied the request for reconsideration.
B-39 FERNANDO SALVA
The appeal of Fernando Salva, a Correction Officer Recruit at the New Jersey State Prison, Department of Corrections, of his release at the end of his working test period, effective July 9, 2008, was heard by the Administrative Law Judge Susan M. Scarola, who rendered her initial decision on November 9, 2009, reversing the release and reinstating the appellant subject to completion of a new, shortened working test period. At its meeting on January 13, 2010, the Civil Service Commission (Commission) adopted the ALJ’s recommendation to reverse the release at the end of the working test period. The Commission also ordered a new six-month working test period. The proposed final decision is now submitted for the Commission’s review.
ACTION: The Civil Service Commission adopted the final decision. VOTE: Hope L. Cooper (Yes) Margaret E. L. Howard (Abstained) Flavella Branham (Yes) John Currie (Yes)
B-40 VIRGINIA A. KENNY, ET AL.
Virginia A. Kenny, Damon Koslow, Kathleen Nimberger, and Debra G. Rogers-Boehme appeal the determinations of the Division of Selection Services which found that they did not meet the requirements for the promotional examination for Administrative Analyst 1 (PS1970K), Department of Children and Families.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-41 PATRICIA A. MCNEEL AND SUSAN A. HILDEBRANDT
Patricia A. McNeel and Susan A. Hildebrandt appeal the determinations of the Division of Selection Services which found that they did not meet the requirements for the promotional examination for Management Improvement Specialist 2 (PS1709K), Department of Human Services.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-42 AARON ROWELL
Aaron Rowell 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 Truck Driver, Single Axle (PS2332T), Motor Vehicle Commission.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-43 LYNN STOUT
Lynn Stout 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 Administrative Analyst 2, Data Processing (PS9912G), Department of Environmental Protection.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-44 CAROLE WEINGARTEN
The appointing authority, on behalf of Carole Weingarten, appeals the determination of the Division of Selection Services that Weingarten did not meet the experience requirements for the promotional examination for Secretarial Assistant 3, Non-Stenographic (PS3846J), Ramapo College.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-45 JOHN WOLICK
John Wolick 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 Assistant Supervisor, Parks (PC0140L), Camden County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-46 ROBERT CHANESKI
Robert Chaneski appeals his score for the oral portion of the promotional examination for Fire Captain (PM3566J), Hoboken.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-47 GREGORY FERRANTE
Gregory Ferrante appeals his score for the oral portion of the promotional examination for Fire Captain (PM3566J), Hoboken.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-48 ANDREW FREY
Andrew Frey appeals his score for the oral portion of the promotional examination for Fire Captain (PM3566J), Hoboken.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-49 RECENT COURT DECISIONS
Submitted for the Civil Service Commission’s review are summaries of recent court decisions involving Merit System Board and Civil Service Commission determinations for In the Matter of Steven Winters, North Hudson Regional Fire and Rescue (Appellate Division, decided 12/15/09); In the Matter of Edwin Garcia (Appellate Division, decided 12/21/09); In the Matter of Eugene I. Otto (Appellate Division, decided 12/24/09); In the Matter of Deborah Payton (Appellate Division, decided 12/31/09).
ACTION: The Civil Service Commission noted the decisions.
B-50 CIVIL SERVICE COMMISSION MINUTES
Submitted for adoption are the Civil Service Commission minutes of its meeting of January 13, 2010.
ACTION: The Civil Service Commission adopted the minutes of its meeting of January 13, 2010. VOTE: Hope L. Cooper (Yes) Margaret E. L. Howard (Abstained) Flavella Branham (Yes) John Currie (Yes)
B-51 EARLY SETTLEMENTS
In the Matter of James Lemieux Greystone Park Psychiatric Hospital Department of Human Services Removals (3)
In the Matter of Yesinia Reyes Judiciary, Passaic Vicinage Release at the end of the working test period
ACTION: The Civil Service Commission acknowledged the settlements.
B-52 MARK GORMAN
The City of Pleasantville requests relief on behalf of Mark Gorman, a Police Officer with the City of Pleasantville.
ACTION: The Civil Service Commission granted the request.
B-53 MICHAEL PECORARO
The Township of Marlboro requests relief on behalf of Michael Pecoraro.
ACTION: The Civil Service Commission granted the request.
B-54 SHANIQUAH TOWNES
Shaniquah Townes, represented by Fredrick R. Schreck, Esq., appeals her non-appointment from the eligible list for Police Officer (S9999H), Newark.
ACTION: The Civil Service Commission directed that this appeal be granted.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, February 10, 2010, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey. __________________________________ Margaret E. L. Howard Presiding Commission Member Civil Service Commission
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