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MINUTES OF REGULAR MEETING OF
THE CIVIL SERVICE COMMISSION
FEBRUARY 1, 2023
Allison Chris Myers, Acting Chairperson
Dolores Gorczyca
Daniel W. O’Mullan
Diomedes Tsitouras
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A regular meeting of the Civil Service Commission was held on Wednesday, February 1, 2023, at 10:00 a.m., in Trenton, New Jersey.
PRESENT: Allison Chris Myers, Acting Chairperson; Members Dolores Gorczyca, Daniel O’Mullan and Diomedes Tsitouras; Levi Klinger-Christiansen, Deputy Attorney General; Nicholas F. Angiulo, Director, Division of Appeals and Regulatory Affairs; Annemarie Ragos, Commission Secretary. All individuals listed participated via teleconference.
In accordance with L.1975, c.231, the Secretary to the Civil Service Commission 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 23, 2022, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified.
CIVIL SERVICE COMMISSION MINUTES
Submitted for adoption are the Civil Service Commission minutes of its meeting of January 18, 2023.
ACTION: The Civil Service Commission adopted the minutes of its meeting of January 18, 2023.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Sylvester Cirelli, Jr., Belmar, Department of Public Works, removal.
ACTION: The Civil Service Commission noted the withdrawal of appeal without prejudice.
SECTION A – HEARING MATTERS
A-1 SETTLEMENTS
Richelle Green
Adult Diagnostic and Treatment Center
Department of Corrections
Removal
Darnese Johnson
Ancora Psychiatric Hospital
Department of Health
Removal
Charon Pratt
Ancora Psychiatric Hospital
Department of Health
Removal
Dennis Reddick
Irvington Housing Authority
Removal
Seywonh Smith
Bergen County
Sheriff’s Office
Removal
Tina Young
Woodbine Developmental Center
Department of Human Services
Removal
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 DANIEL BORRERO-MELENDEZ – CSC DOCKET NO. 2023-84
Daniel Borrero-Melendez, Senior Correctional Police Officer, Juvenile Justice, Juvenile Justice Commission, removal, effective March 2, 2022, on charges of conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge – Uphold the removal.
ACTION: The Civil Service Commission remanded the matter to the Office of Administrative Law.
A-3 DAREN FIGUEROA – CSC DOCKET NO. 2022-2537 & 2022-2899 (Consolidated)
Daren Figueroa, Building Maintenance Worker, Hoboken Public Library, 20 and 30 working day suspension, on charges of incompetency, inefficiency or failure to perform duties, chronic or excessive absenteeism or lateness, conduct unbecoming a public employee, neglect of duty and other sufficient cause.
Recommendation of the Administrative Law Judge – Uphold the 20 and 30 working day suspensions.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-4 EFRAIN MARTINEZ – CSC DOCKET NO. 2021-1136
Efrain Martinez, Police Officer, Clifton, Department of Public Safety, 90 working day suspension, on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause.
Recommendation of the Administrative Law Judge – Modify the 90 working day suspension to a five working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-5 KEITH MARTINEZ – CSC DOCKET NOS. 2022-581 & 2022-582 (Consolidated)
Keith Martinez, County Correctional Police Officer, Hudson County, Department of Corrections, 60 and 90 working day suspensions, on charges of incompetency, inefficiency or failure to perform duties, insubordination, inability to perform duties and neglect of duty.
Recommendation of the Administrative Law Judge – Modify the 60 working day suspension to a 40 working day suspension and reverse the 90 working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-6 GARY PLAYFORD – CSC DOCKET NO. 2022-1888
Gary Playford, Construction Official, Lower Township, Department of Planning and Development, five working day suspension and removal, effective November 16, 2021, on charges of charges of incompetency, inefficiency or failure to perform duties, insubordination, conduct unbecoming a public employee, discrimination and other sufficient cause.
Recommendation of the Administrative Law Judge – Uphold the five working day suspension and removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-7 JOHN TALTON – CSC DOCKET NO. 2022-1474
John Talton, Public Safety Telecommunicator, Camden County, Department of Public Safety and Juvenile Justice, removal, effective November 15, 2021, on charges of incompetency, inefficiency or failure 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-8 KURTIS WARNER, ET AL. – CSC DOCKET NOS. 2022-3248, ET AL.
Kurtis Warner, Timothy Jillson, John Jester, Douglas Weedon and Alberto Campos, Senior Correctional Police Officers, Juvenile Justice, and Quantara Ross, Communications Officer, Secured Facilities, removals on various dates, on charges of conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge – Uphold the removals.
ACTION: The Civil Service Commission remanded the matters to the Office of Administrative Law.
SECTION B – MISCELLANEOUS MATTERS
B-1 CHRISTIAN HERNANDEZ – CSC DOCKET NO. 2023-981
Christian Hernandez appeals the removal of his name on the certification for Fire Fighter (OL220391) for failure to appear for the Physical Performance Test portion of the examination for Fire Fighter (M1809W), Camden.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-2 DOMINIC JANDOLI – CSC DOCKET NO. 2022-2634
Dominic Jandoli, represented by Nicholas J. Palma, Esq., appeals the decision to remove his name from the Fire Fighter (M1880W), West Orange, eligible list on the basis of falsification of his application.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-3 JOHN SHAW – CSC DOCKET NO. 2022-1186
John Shaw, represented by Robert K. Chewning, Esq., appeals Belleville’s request to remove his name from the eligible list for Fire Lieutenant (PM1067V), due to an unsatisfactory employment history.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-4 NANCY SHOUKRY – CSC DOCKET NO. 2023-1218
Nancy Shoukry, represented by Lisa Maddox Douglas, President, Public Employees Supervisors’ Union, appeals the bypass of her name on the Deputy Director Welfare (PC4831C), Essex County eligible list.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-5 S.G. – CSC DOCKET NO. 2023-849
S.G. requests permission to submit a late application for the promotional examination for Deputy Fire Chief (PM5172C), West Orange.
ACTION: The Civil Service Commission directed that this request be denied.
B-6 PAUL DIULIO– CSC DOCKET NO. 2023-136
Paul Diulio appeals the decision of the Division of Agency Services which found that he did not meet the experience requirements for the promotional examination for Assistant Engineer in Charge of Maintenance 2 (PS7251H), Department of Health.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-7 JASON FORSYTH– CSC DOCKET NO. 2023-524
Jason Forsyth appeals the determination of the Division of Agency Services which found that he did not meet the experience requirements for the promotional examination for Assistant Supervisor Public Works (PM4196D), Teaneck.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-8 KELLY MACNIVEN AND ASHLEY SCHNEIDER– CSC DOCKET NOS. 2023-1005 AND 2023-1009
Kelly MacNiven and Ashley Schneider appeal the determinations of the Division of Agency Services which found that they did not meet the experience requirements for the promotional examination for Personnel Assistant 2 (PS6888K), Department of Children and Families.
ACTION: The Civil Service Commission directed that these appeals be granted.
B-9 LAWRENCE WILLS – CSC DOCKET NO. 2023-278
Lawrence Wills appeals the determination of the Division of Agency Services which found that he did not meet the experience requirements, per the substitutional clause of education, for the promotional examination for Administrative Analyst 3 Information Systems (PS7358P), Department of Law and Public Safety.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-10 AMARILYS SERRANO – CSC DOCKET NO. 2023-879
Amarilys Serrano appeals the test mode, scoring, and test administration of the promotional examination for Management Assistant (PS7415C), Civil Service Commission. It is noted that the appellant failed the subject examination.
ACTION: The Civil Service Commission directed that this appeal be denied.
VOTE: Allison Chris Myers (Recuse)
Dolores Gorczyca (Yes)
Daniel W. O’Mullan (Yes)
Diomedes Tsitouras (Yes)
B-11 MICHAEL ANDREWS – CSC DOCKET NO. 2023-1274
Michael Andrews requests to take a make-up examination for Family Service Specialist 1 (PS8306K), Department of Children and Families.
ACTION: The Civil Service Commission directed that this request be granted.
B-12 ALVIN GOSS, ET AL. – CSC DOCKET NOS. 2023-158, ET AL.
Alvin Goss, Dominick Passiglia and Danielle Peterson appeal the determinations of the Division of Agency Services denying their requests for a make-up; and David Hopkins, Sean Nicholl and Mark Thompson request a make-up for the open competitive examination for the 2022 Law Enforcement Examination, various titles and jurisdictions.
ACTION: The Civil Service Commission directed that these appeals and requests be denied.
B-13 O.C., ET AL. – CSC DOCKET NOS. 2023-492, ET AL.
O.C., R.F., G.L., S.M., J.M., D.R., F.R., and G.W., Police Officers; and R.K., Police Lieutenant, all with or formerly with West Orange, represented by Jeffrey D. Catrambone, Esq., request relief concerning the Civil Service Commission’s order in In the Matters of O.C., et al., Township of West Orange (CSC, decided June 15, 2022).
ACTION: The Civil Service Commission directed that these requests be granted in part.
B-14 JEFFREY ADAMS – CSC DOCKET NO. 2023-954
Jeffrey Adams appeals the decision of the Division of Agency Services that the proper classification of his position with the Department of the Treasury is Investigator 2, Taxation. He seeks a classification of Administrative Analyst 3.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-15 CASEY ADAMS – CSC DOCKET NO. 2023-1319
Casey Adams requests reconsideration of the decision rendered on November 23, 2022, which upheld the determination of the Division of Agency Services that his position with the Department of the Treasury is properly classified as Printing Machine Operator 2.
ACTION: The Civil Service Commission directed that this request be denied.
B-16 GLENN GASTON, SR. – CSC DOCKET NO. 2023-828
Glenn Gaston, Sr., represented by Thomas M. Rogers, Esq., petitions the Civil Service Commission for reconsideration of the decision rendered on August 3, 2022, which found that his score for the examination for Police Captain (PM4059C), Union City was correct.
ACTION: The Civil Service Commission directed that this petition be denied.
B-17 ALEXANDER MCCLEAN – CSC DOCKET NO. 2023-1043
Alexander McClean petitions the Civil Service Commission for reconsideration of the decision rendered on September 21, 2022, which found that he was ineligible for the open-competitive examination for Senior Management Assistant (M0251D), Jersey City on the basis that he did not meet the experience requirements.
ACTION: The Civil Service Commission directed that this petition be denied.
B-18 JOSEPH GROSSI, JR. – CSC DOCKET NO. 2023-962
Hoboken petitions the Civil Service Commission for a retroactive regular appointment for Joseph Grossi, Jr., effective May 29, 2020, from the eligible list for Battalion Fire Chief (PM2153W), Hoboken.
ACTION: The Civil Service Commission directed that this petition be granted.
B-19 ANDREW JUTTNER – CSC DOCKET NO. 2022-2548
Andrew Juttner, a Battalion Fire Chief with Plainfield, appeals the provisional appointment of Walter Thompson to the title of Deputy Fire Chief, Plainfield.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-20 CHIEF, FINANCE AND ACCOUNTS (M0257U), NEWARK – CSC DOCKET NO. 2018-3178
Fidelia N. Uzoukwu Odutola requests enforcement of the decisions of the Civil Service Commission, which were rendered on July 26, 2017 and March 27, 2018, regarding the failure of Newark to properly dispose of the November 2, 2016 certification (OL161266) of the Chief, Finance and Accounts (M0257U), Newark, eligible list.
ACTION: The Civil Service Commission directed that the request be dismissed as moot.
B-21 TELEWORK PROGRAM COMPLAINT, DEPARTMENT OF CHILDREN AND FAMILIES – CSC DOCKET NO. 2023-782
The Division of Child Protection and Permanency Clerical Staff from the Communications Workers of America Local 1037 and Local 1038, represented by Patricia A. Villanueva, Esq., request that the Civil Service Commission grant its grievance concerning the exclusion of its participation in the Pilot Program under the Model Telework Program for State Executive Branch Employees.
ACTION: The Civil Service Commission directed that this request be denied.
PUBLIC PORTION
No comments.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, February 22, 2023, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
