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Robert M. Czech, Chairperson
Robert E. Brenner
Richard E. Williams
February 8, 2012
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A regular meeting of the Civil Service Commission was held on Wednesday, February 8, 2012, in Trenton, New Jersey.
PRESENT: Robert M. Czech, Chairperson, Members Robert E. Brenner and Richard E. Williams; Pamela Ullman, Deputy Attorney General; Henry Maurer, Director, Division of Merit System Practices and Labor Relations.
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 28, 2011, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Bridget Betancourt, Police Officer, City of Camden, Police Department, fine.
Michael Bloom, Police Officer, Ewing Township, Department of Public Safety, layoff.
James Boelhower, Fire Prevention Specialist UFD, Woodbridge, Fire District #1, suspension.
Eric Burden, Sewer Repairer, Township of North Brunswick, Department of Public Works, suspension.
Frank Catalano, Sheriff's Officer, Essex County, Sheriff's Department, removal.
Mark Church, Sheriff's Officer, Cumberland County, Sheriff's Officer, removal.
Kenneth Dowzycki, Senior Librarian, Clark Public Library, layoff.
Linnett Fraser, Human Services Technician, Trenton Psychiatric Hospital, Department of Human Services, removal.
Thomas Grande, Fire Captain, Township of Belleville, Fire Department, suspension.
Michael Hendricks, Police Officer, City of Camden, Police Department, fine.
Larry Howell, Assistant Personnel Officer, Newark Housing Authority, layoff.
Walid Jawawdeh, Construction Code Inspector 1, Department of Community Affairs, layoff.
Dywon Kelsey, Sheriff's Officer, Mercer County, Sheriff's Department, two suspensions and removal..
Kathryn McFadden, County Correction Officer, Burlington County Jail, suspension and four removals.
Richard McGuire, Police Officer, City of Camden, Police Department, fine.
Alessandra Viola, Police Officer, City of Hackensack, Police Department, suspension.
Martin Walsh, Sewer Plant Operator, Mount Laurel, Department of Utilities Authority, removal.
Dennis York, Senior Correction Officer, New Jersey State Prison, Department of Corrections, removal.
Mark Young, Police Officer, City of Camden, Police Department, fine.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Robert Curry
South Woods State Prison
Department of Corrections
Suspension
In the Matter of John Ruggiano
Camden County Board of Social Services
Suspension
In the Matter of Durwin Smalls
East Jersey State Prison
Department of Corrections
Removal
In the Matter of Angel Suarez
Hudson County
Department of Roads and Public Property
Removal
In the Matter of Hope Tucci
Gloucester County
Emergency Response Department
Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 LASISI ADEKOLA
Lasisi Adekola, Regional Staff Nurse Medical Assistance, Department of Health and Senior Services, release at the end of the working test period effective July 16, 2010.
Recommendation of the Administrative Law Judge - Uphold the release at the end of the working test period.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-3 WILLIAM HOUSEWORTH
William Houseworth, Supervisor of Recreation, New Jersey Department of Corrections, appeals the good faith of the layoff effective January 14, 2011, for reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Grant the appointing authority's motion for summary decision and dismiss the appeal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge and dismissed the appeal of Mark Davis for failure to appear.
A-4 NELSON BOVIER, ET AL
Nelson Bovier, et al., City of Passaic, appeal the good faith of their layoffs effective June 18, 2010, for reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Dismiss the appeals with prejudice.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-5 QUADIR LEWIS
Quadir Lewis, Senior Correction Officer, East Jersey State Prison, Department of Corrections, 120-day suspension on charges of neglect of duty, conduct unbecoming a public employee, violation of administrative procedures and/or regulations involving safety and security, other sufficient cause, violation of a rule, regulation, policy, procedure, order and falsification.
Recommendation of the Administrative Law Judge - Reverse the 120-day suspension.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to a 15 day suspension.
A-6 PATRICK BURNS
Patrick Burns, Police Sergeant, City of Bayonne, Police Department, removal effective February 14, 2011, on charges of insubordination, failure to perform duty and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Richard E. Williams (Yes)
A-7 JENNIFER HARRIS-DRAKEFORD
Jennifer Harris-Drakeford, Nurse's Aide, Passaic County, Preakness Hospital, removal effective July 19, 2011, on charges of conduct unbecoming a public employee, other sufficient cause and violation of County workplace policy regarding violence, resident abuse, and neglect prevention and procedure.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-8 NELSON FERRER
Nelson Ferrer, Residential Service Worker, New Jersey Veterans' Memorial Home, Vineland, Department of Military and Veterans' Affairs, removal, effective August 31, 2010, on charges of conduct unbecoming a public employee, other sufficient cause and violation of numerous policies regarding sexual misconduct and sexual harassment.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
SECTION B - MISCELLANEOUS MATTERS
B-1 TODD MARINO
Todd Marino appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit (S9999K) 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 IRENE DARBY
Irene Darby, a Judiciary Clerk 4 with the Judiciary, Vicinage 13 - Somerset, Hunterdon and Warren Counties, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-3 CHRISTOPHER HUESSER
Christopher Huesser, a Senior Correction Officer with Albert C. Wagner 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-4 DONNA LESLIE
Donna Leslie, an Investigator 3 with the Department of Law and Public Safety, appeals the denial of additional sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-5 ROBIN PEARCE
Robin Pearce, a Senior Correction Officer at Edna Mahan Correctional Facility for Women, 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-6 MICHAEL DIPASCALE
Michael DiPascale, a Deputy Fire Chief with the Fire Department, City of Camden, represented by Frank M. Crivelli, Esq., appeals the determination of his layoff rights by the Division of State and Local Operations.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-7 EDWARD GLASSMAN
Edward Glassman, a Deputy Fire Chief with the Fire Department, City of Camden appeals the determination of his layoff rights by the Division of State and Local Operations.
ACTION: The Civil Service Commission directed that this appeal be granted in part.
B-8 SHERITA FELDER
Sherita Felder appeals the removal of her name from the Family Service Specialist 1 (PS6667K), Department of Children and Families, employment list due to her failure to respond to the Certification Notice.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-9 CHARLES MILLS
Charles Mills, a Senior Water Repairer with the Passaic Valley Water Commission, represented by Mario Rivera, Senior Staff Representative, Communications Workers of America, Local 1032, requests a hearing regarding his 20 day suspension.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-10 JOSEPH NAPOLEONE
Joseph Napoleone, represented by Charles J. Sciarra, Esq., petitions the Civil Service Commission for a make-up examination for Police Lieutenant (PM2513K), Clifton, the dismissal of disciplinary charges, and counsel fees related to the challenge of those disciplinary charges in accordance with the orders of the Superior Court, Law Division.
ACTION: The Civil Service Commission directed that this matter be held over.
B-11 SEAN BOGUCKI
The Department of the Treasury requests that the Civil Service Commission authorize the promotion of Sean Bogucki from the non-competitive title of Repairer to the competitive title of Mechanical Equipment Specialist pursuant to N.J.A.C. 4A:4-1.1(c)2.
ACTION: The Civil Service Commission directed that this request be granted.
B-12 ERIN EDWARDS, ET AL.
The Atlantic City Municipal Utilities Authority, represented by John C. Matthews, Esq., requests that Erin Edwards, Christopher Kunigelis, and Sabrina Showell be permitted to file late applications for the open competitive examination for Water Treatment Plant Operator Apprentice (M0422M), Atlantic City Municipal Utilities Authority.
ACTION: The Civil Service Commission directed that this request be granted in part.
B-13 JEANETTE JIMENEZ
Woodbridge Township requests that Jeanette Jimenez's out-of-title experience be accepted to qualify her for a prospective lateral title change pending qualifying examination to the title of Senior Account Clerk.
ACTION: The Civil Service Commission directed that this request be granted.
B-14 ANTHONY LEMANSKI
Anthony Lemanski appeals the residency code assigned to him for the examination for Fire Fighter (M9999M).
ACTION: The Civil Service Commission directed that this appeal be granted and the appellant's residency code be changed to 0906 Jersey City.
B-15 TIMOTHY O'NEIL
Timothy O'Neil, a Police Officer with Hillside, represented by Craig S. Gumpel, Esq., appeals the discontinuation of his interim appointment to the title of Police Sergeant.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-16 KEVIN H. SANTUCCI
Berkeley Township requests that Kevin H. Santucci be provided with a retroactive date of permanent appointment as a Police Sergeant, effective May 8, 2009.
ACTION: The Civil Service Commission directed that this request be granted.
B-17 GERSHOM OGILVIE
The appointing authority requests that the provisions of N.J.A.C. 4A:6-3.4(a), which govern the time period in which employees must file an application for Supplemental Compensation on Retirement (SCOR), be relaxed to permit Gershom Ogilvie, a former Cook - 12 Months at North Jersey Developmental Center, Department of Human Services, to submit a late application for SCOR benefits.
ACTION: The Civil Service Commission directed that this request be granted.
B-18 JOANNA RODRIGUEZ
The Department of the Treasury requests that the provisions of N.J.A.C. 4A:4-1.1(c)2 be relaxed in order to permit it to promote Joanna Rodriguez from the non-competitive title of Clerk to the competitive title of Technical Assistant 3. It also requests that Rodriguez's applicable out-of-title work be considered in the promotional examination process.
ACTION: The Civil Service Commission directed that these requests be granted.
B-19 FELICIA TAYLOR
The Division of State and Local Operations requests that Irvington be permitted to promote Felicia Taylor from the noncompetitive title of Keyboarding Clerk 1 to the competitive title of Records Support Technician 2 pursuant to N.J.A.C. 4A:4-1.1(c)2.
ACTION: The Civil Service Commission directed that this request be granted.
B-20 TAHWANA BURKS
Tahwana Burks appeals the determination of the Division of State and Local Operations that her position with the Department of Human Services is properly classified as Accountant 2. The appellant seeks an Administrative Analyst 2, Accounting classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-21 MARK CIFALOGLIO, ET AL.
Mark Cifaloglio, Wayne Fowler, and Francisco Saltar, represented by Jennifer Pisano, Esq., appeal the attached decisions of the Division of State and Local Operations (SLO) that their positions with the Vineland Fire Department are properly classified as Fire Lieutenant. Anthony Baldosaro, Robert Scarpa, and Luigi Tramontana, also represented by Jennifer Pisano, Esq., appeal the attached decisions that their positions are properly classified as Fire Captain. The appellants seek classifications of Fire Captain, and Battalion Fire Chief, respectively.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-22 LAURIE FANNING
Laurie Fanning appeals the decision of the Division of State and Local Operations which found that her position with the Department of Treasury is properly classified as Pensions Benefits Specialist 2. The appellant seeks a Pensions Benefits Specialist 1 classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-23 MARIA LEBRON
Maria Lebron appeals the decision of the Division of State and Local Operations which found that her position with the Department of Treasury is correctly classified as Technical Assistant 2, Treasury. The appellant seeks a Technical Assistant 1, Treasury classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-24 VINCENT MERCURIO
Vincent Mercurio appeals the decision of the Division of State and Local Operations that his position with the Department of Environmental Protection is properly classified as Crew Supervisor, Wildlife Management Area Operations. The appellant seeks an Engineer-in-Charge of Maintenance 4 classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-25 EUGENIA PIERSON (JOSEPH)
Eugenia Pierson (Joseph) appeals the decision of the Division of State and Local Operations which found that her position with the Department of Treasury is properly classified as Pensions Benefits Specialist 2. The appellant seeks a Pensions Benefits Specialist 1 classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-26 GAY RANDOLPH-LEE
Gay Randolph-Lee appeals the decision of the Division of State and Local Operations which found that her position with the Department of Treasury is properly classified as Pensions Benefits Specialist 3. The appellant seeks a Pensions Benefits Specialist 1 or 2 classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-27 JOSEPH STEFANONI
Joseph Stefanoni appeals the decision of the Division of State and Local Operations that the proper classification of his position with the Department of Environmental Protection is Environmental Specialist 3, Site Remediation. The appellant seeks an Environmental Specialist 4, Site Remediation classification.
ACTION: The Civil Service Commission directed that this appeal be denied, but the matter of the proper classification of Kathleen Katz's position be referred to the Division of State and Local Operations for further review.
B-28 BONNIE ZACHARIAS
Bonnie Zacharias appeals the determination of the Division of State and Local Operations that her position with Phillipsburg is properly classified as a Senior Housing Assistance Technician. The appellant seeks a Field Representative, Housing (Housing Assistance Program) classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-29 BATTALION FIRE CHIEF (PM3509L), CITY OF TRENTON
The appointing authority's failure to dispose of the certification for Battalion Fire Chief (PM3509L), City of Trenton, while a provisional is serving in the title, has been referred to the Civil Service Commission for enforcement.
ACTION: The Civil Service Commission directed that this matter be held over.
B-30 CASHIER (M1281H) AND (M0924K), EAST ORANGE
East Orange requests permission not to make an appointment from the September 16, 2009 certification for Cashier (M1281H) and (M0924K).
ACTION: The Civil Service Commission granted an appointment waiver and assessed selection costs in the amount of $2,048.
B-31 CODE ENFORCEMENT OFFICER (M0619K), CAMDEN
The City of Camden requests the extension of the eligible list for Code Enforcement Officer (M0619K).
ACTION: The Civil Service Commission directed that this request be granted.
B-32 COOK (C0045N), ATLANTIC COUNTY
Atlantic County requests permission not to make an appointment from the May 11, 2011 certification for Cook (C0045N).
ACTION: The Civil Service Commission granted the request for an appointment waiver and assessed no selection costs at this time.
B-33 FIRE CAPTAIN (PM3571J), CITY OF TRENTON
The appointing authority's failure to dispose of the certification for Fire Captain (PM3571J), City of Trenton, while provisionals are serving in the title, has been referred to the Civil Service Commission for enforcement.
ACTION: The Civil Service Commission directed that this matter be held over.
B-34 PAUL DEHOPE
Paul DeHope, a former Sergeant First Class with the New Jersey State Police, Department of Law and Public Safety, appeals the determination of the Chief of Staff, Office of the Attorney General, which found that the appellant failed to establish 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-35 TOMASINA JOHNSON
Tomasina Johnson, a former Senior Food Services Worker at Greystone Park Psychiatric Facility, Department of Human Services, appeals the determination of the Assistant Commissioner, stating that the appellant failed to present sufficient evidence to support a finding that she 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-36 DANKA RANKOVICH
Danka Rankovich, a Senior Youth Worker with the Juvenile Justice Commission, Department of Law & Public Safety, appeals the determination of the Chief of Staff, Office of the Attorney General, stating that the appellant failed to present sufficient evidence to support a finding that she 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-37 BRENDA WATKINS
Brenda Watkins, a Cottage Training Supervisor with Woodbine Developmental Center, Department of Human Services, appeals the determination of the Assistant Commissioner, which found that the appellant failed 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-38 JEFFREY EATON
The appeal of Jeffrey Eaton, a Senior Correction Officer at Albert C. Wagner Youth Correctional Facility, Department of Corrections, of his 120 working day suspension, on charges, was heard by Administrative Law Judge Tiffany M. Williams (ALJ), who rendered her initial decision on December 5, 2011, recommending that the 120 working day suspension be reversed. At its meeting on January 25, 2012, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation. Rather, the Commission remanded the matter to the Office of Administrative Law for further proceedings. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (Yes)
Richard E. Williams (Abstained)
B-39 CHRISTOPHER THWEATT
The appeal of Christopher Thweatt, a Street Repairer with the City of Hackensack, of his removal, effective October 12, 2010, on charges, was heard by Acting Director and Chief Administrative Law Judge Laura Sanders (ALJ), who rendered her initial decision on December 20, 2011. At its meeting on January 25, 2012, the Civil Service Commission (Commission) adopted the ALJ's recommendation to modify the removal to a six-month suspension. However, the Commission found it necessary to address the exceptions and cross exceptions filed by the parties. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (Yes)
Richard E. Williams (Abstained)
B-40 VALENTINE COOPER
Valentine Cooper, a Senior Correction Officer at Northern State Prison, Department of Corrections, represented by Daniel Geddes, Esq., petitions the Civil Service Commission for reconsideration of the final decision rendered on April 20, 2011, which upheld the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that the request for reconsideration be denied.
B-41 JESSICA BALSECA CADENA
Jessica Balseca Cadena appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Management Specialist (PC0555N), Hudson County.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-42 YOLANDA HAWKINS
Yolanda Hawkins 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 Real Estate Officer (PM0361N), City of Camden.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-43 ELIZABETH KOERKEL
Elizabeth Koerkel appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the open competitive examination for Program Specialist, Special Child Health Services (C0163N), Cumberland County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-44 HENRY NGUYEN
Henry Nguyen appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in education for the promotional examination for Environmental Specialist 2 (PS3098T), Department of Transportation.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-45 MARLENE TERHUNE
Marlene Terhune appeals the determination of the Division of Selection Services that she did not meet the education and experience requirements for the promotional examination for Recreation Program Specialist (PM0318M), Township of West Milford.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-46 JAMES D. TERRY
James D. Terry appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Technical Assistant 3 (PS3246G), Department of Environmental Protection.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-47 JAMES DONOVAN, ET AL.
James Donovan, Anthony Maddalone and Robert Ryan (PM5004N), Bayonne; David Muller (PM5019N), Ewing; David Brown, Nicola Flora and Vincent Wolleon (PM5028N), Jersey City; David Feldhan (PM5029N), Kearny; Jeffrey Grippaldi (PM5035N), Long Branch; Bryan O'Hare (PM5041N), Marlboro; David Bonney (PM5043N), Millburn; Anthony Facchini and Willie Sierra (PM5074N), Union City; Pietro DiGena (PM5076N), Union; and David Mandamba and James Sarkos (PM5085N) Atlantic City; appeal the written examination for Police Lieutenant (various jurisdictions).
ACTION: The Civil Service Commission directed that these appeals be denied.
B-48 CIVIL SERVICE COMMISSION MINUTES
Submitted for adoption are the Civil Service Commission minutes of its meeting of January 25, 2012.
ACTION: The Civil Service Commission adopted the minutes of its meeting of January 25, 2012.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (Yes)
Richard E. Williams (Abstained)
B-49 The Division of State and Local Operations requests the consolidation of various Word Processing Operator local government titles within Occupational Group 20 (Clerical Occupations).
ACTION: The Civil Service Commission directed that this request be granted.
B-50 The Division of State and Local Operations requests the inactivation of 12 titles used by various local government jurisdictions.
ACTION: The Civil Service Commission directed that this request be granted.
B-51 The Office of Legislature Services requests the establishment of new unclassified titles. In accordance with N.J.S.A. 11A:3-4c, State Unclassified Service, employees in Legislative Branch of State Government shall be in the unclassified service.
ACTION: The Civil Service Commission directed that this request be granted.
B-52 TONYA COLEMAN
The appeal of Tonya Coleman, a Human Services Assistant with Ancora Psychiatric Hospital, Department of Human Services, of two removals effective February 16, 2010, on charges, was heard by Administrative Law Judge Edward J. Delanoy, Jr., (ALJ), who rendered his initial decision on December 5, 2011. At its meeting on January 25, 2012, the Civil Service Commission (Commission) adopted the ALJ's recommendation to uphold the appellant's removal. However, the Commission found it necessary to address the exceptions and cross exceptions filed by the parties. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (Yes)
Richard E. Williams (Abstained)
B-53 PROPOSED AMENDMENTS: N.J.A.C. 4A:2-2.3 AND 2.5 AND 4A:4-2.11 (NEW JERSEY RESIDENCY)
Submitted for the Commission's approval is a Notice of Adoption of proposed amendments to N.J.A.C. 4A:2-2.3 and 2.5 and 4A:4-2.11, regarding New Jersey residency. These amendments would change civil service rules in light of the recently enacted New Jersey residency law that went into effect on September 1, 2011. See P.L. 2011, c.70. An employee appointed on or after September 1 must be a New Jersey resident. If a non-resident employee appointed on or after that date still hasn't obtained a principal New Jersey residence within one year, and has not received an exemption from the residency requirement, this would be a cause for discipline, and an appointing authority would be able to suspend the employee immediately as being unfit for duty. Additionally, the Commission and civil service appointing authorities would have to utilize a different set of standards for determining New Jersey residency than the standards now used for determining residency for local government. Two comments were received during the public comment period that do not necessitate any change upon adoption. Therefore, it is recommended that this proposal be adopted without change.
ACTION: The Civil Service Commission adopted the proposal.
B-54 PAID LEAVE BANK PILOT PROGRAM
The Chairperson, Civil Service Commission recommends the establishment of a Pilot Program to allow all Executive Branch State employees who are not represented by a collective negotiations agent and those represented State employees subject to various Memoranda of Agreements to utilize any remaining paid leave bank days through December 31, 2012.
ACTION: The Civil Service Commission directed that this matter be held over.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, February 22, 2012, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
