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Robert M. Czech, Chairperson
Robert E. Brenner
Richard E. Williams
FEBRUARY 12, 2014
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A regular meeting of the Civil Service Commission was held on Wednesday, February 12, 2014, 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 Appeals and Regulatory Affairs.
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 December 2, 2013, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified.
DISMISSAL FOR FAILURE TO APPEAR
The Civil Service Commission dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:
Bryan A. Del Vecchio, Deputy County Superintendent, Morris County, Department of Weights and Measures, Morris County, removal.
Evrodie Pierre-Louis, Human Service Assistant, NJ Veterans Memorial Home at Paramus, Department of Military and Veterans Affairs, removal.
ACTION: The Civil Service Commission noted the dismissal of appeals without prejudice.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Anwar L. Bilgrami, Entomologist Mosquito Extermination, Cape May County, Department of Mosquito Control, removal.
Kelly Francesco, Practical Nurse, Atlantic County, Department of Human Services, suspension.
Andrea Mazzarella, Clerk Typist, Monmouth County, Department of Transportation, removal.
Robert McGuire, Police Sergeant, City of Trenton, Police Department, suspension.
Steven Pascal, Police Officer, City of Cape May, Police Department, removal.
John J. Straughn, Social Worker Drug Abuse/Alcoholism Control, Atlantic County, Department of Human Service, layoff.
Jon Andrews, Police Sergeant, Borough of Lavallette, Police Department, suspension.
James Caputo, Public Safety Telecommunicator, Jersey City, Police Department, suspension.
John Colon, Police Officer, City of Salem, Police Department, 2 removals.
John Colon, Police Officer, City of Salem, Police Department, suspension.
Devon Hausmann, Sheriff's Officer, Atlantic County, Sheriff's Department, removal.
Jessica C. Kirkland, Accountant, Camden County Municipal Utilities Authority, release at the end of the working test period.
Alyce Mcknight, Family Service Specialist 2, Department of Children and Families, return to the previously held title.
George Reyes, General Supervisor of Parks, Jersey City, Department of Public Works, indefinite suspension.
Carol Simon-Murphy, Clerk 1, Atlantic County, Department of Clerk, release at the end of the working test period.
ACTION: The Civil Service Commission noted the withdrawal of appeals without prejudice.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of William Lanoza
New Jersey State Prison
Department of Corrections
Removal
In the Matter of Camiel Swan
New Jersey Memorial Home at Paramus
Department of Military and Veterans Affairs
Removal
In the Matter of Joseph Tuohy
Monmouth County
Sheriff's Department
Removal
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Richard E. Williams (Yes)
In the Matter of Derrick Parreott
City of Asbury Park
Police Department
Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENTS
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 MILTON BYRUM
Milton Byrum, Plumber/Steamfitter, Southern State Correctional Facility, Department of Corrections, 15 working day suspension, on charges of insubordination, conduct unbecoming a public employee, other sufficient cause, leaving assigned work area without permission, insubordination, disrespect or use of insulting or abusive language to a supervisor, violation of rule, regulation, policy, procedure, order or administrative decision.
Recommendation of the Administrative Law Judge - Reverse the 15 working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-3 FELICE MESSINA AND ANTHONY SANTORA
Felice Messina and Anthony Santora, Building Maintenance Workers, Jersey City Public Library, 10 working day suspensions, on charges of neglect of duty.
Recommendation of the Administrative Law Judge - Reverse the 10 working day suspensions.
.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-4 VAUGHN FILACI
Vaughn Filaci, Supervisor of Sewers, Township of Bloomfield, Department of Public Works, removal effective October 17, 2012, on charges of incompetency, inefficiency or failure to perform duties, insubordination, 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 BRIAN HUNTLEY
Brian Huntley, Heavy Equipment Operator, City of Asbury Park, Department of Public Maintenance, removal effective August 10, 2012, on charges of conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge - Modify the removal to a six month suspension.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge and modified the removal to a six month suspension and directed that the appellant undergo 24 months of monthly drug testing and denied back pay.
A-6 JEFFREY LUTZ
Jeffrey Lutz, Cottage Training Technician, Hunterdon Developmental Center, Department of Human Services, removal effective September 20, 2012, on charges of physical or mental abuse of a client, inappropriate physical contact or mistreatment of a client, improper conduct which violates common decency, failure to perform duties, conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-7 JEAN A. MERONI
Jean A. Meroni, Program Coordinator, Sr. Citizens Transportation, Monmouth County, Department of Transportation, removal effective August 16, 2011 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.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Richard E. Williams (Yes)
A-8 WILLIAM ROBERTS
William Roberts, Police Officer, City of Camden, Police Department, removal effective March 13, 2013, on charges of conduct unbecoming a public employee, other sufficient cause and violation of the City of Camden's rules and regulations.
Recommendation of the Administrative Law Judge - Modify the removal to a six month suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-9 CURTIS ROBINSON (REMAND)
Curtis Robinson, Senior Medical Security Officer, Ann Klein Forensic Psychiatric Hospital, Department of Human Services, removal effective January 12, 2011, on charges of conduct unbecoming a public employee, physical or verbal abuse of a patient, client, resident or employee and other sufficient cause.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-10 SCOTT SELIGA
Scott Seliga, Police Captain, City of Pleasantville, removal effective June 7, 2013, on charges of incompetency, inefficiency or failure to perform duties, insubordination, conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-11 MICHAEL WILLIAMS
Michael Williams, County Correction Officer, Middlesex County Adult Correction Center, removal effective May 21, 2013, on charges of unauthorized use of force, neglect of duty and conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-12 SETTLEMENTS
In the Matter of Michael Antonucci
New Jersey State Prison
Department of Corrections
Suspension
In the Matter of Calvin Cheatum
Borough of Keyport
Department of Public Works
Removal
In the Matter of Michael Esposito
Montclair State University
Department of Higher Education
Removal
In the Matter of Dominique Ford
Newark Public School District
Removal
In the Matter of Ryan Gilhooley
Mountainview Correctional Facility
Department of Corrections
Removal
In the Matter of Mattie Hollins
Adult Diagnostic and Treatment Center
Department of Corrections
Removal
In the Matter of Dennis McReynolds
City of Atlantic City
Department of Public Works
Suspension
In the Matter of Christopher Smith
Parsippany-Troy Hills Township
Department of Public Works
Suspension
In the Matter of Thomas Spigelmyer
City of Vineland School District
Release at the end of working test period
In the Matter of Lloyd Terry
New Jersey State Prison
Department of Corrections
Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENTS
ACTION: The Civil Service Commission acknowledged the settlements.
A-13 ERIC EADS
Eric Eads, Senior Youth Worker, Juvenile Justice Commission, removal effective April 25, 2011, on charges of conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge - Grant the motion for summary decision.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge and granted the motion for summary decision and upheld the removal but did not adopt the order of forfeiture.
A-14 ELVIS LOPEZ
Elvis Lopez, Communication Clerk, City of Newark, Police Department, removal effective March 18, 2012, on charges of violation of Newark Police Department rules and regulations, conduct in public and private and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-15 BARBARITA MELENDEZ
Barbarita Melendez, Judiciary Clerk 2, Hudson Vicinage, Judiciary, release at the end of the working test period effective March 5, 2013.
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-16 ANN PEARL
Ann Pearl, Senior Clerk Typist, Hudson County Sheriff's Department, 60 working day suspension on charges of insubordination, conduct unbecoming a public employee, neglect of duty and other sufficient cause.
Recommendation of the Administrative Law Judge - Uphold the 60 working day suspension.
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)
SECTION B - MISCELLANEOUS MATTERS
B-1 RAYMOND DECARLO
Raymond DeCarlo, represented by Alex Klein, Esq., appeals his rejection as a Fire Fighter candidate by West Orange and its request to remove his name from the eligible list for Fire Fighter (M2578M) 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 ANTHONY LYONS, JR.
Anthony Lyons, Jr., appeals his rejection as a Fire Fighter candidate by West Orange and its request to remove his name from the eligible list for Fire Fighter (M2578M) 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-3 PASQUALE MANGIERI
Pasquale Mangieri, represented by Alex Klein, Esq., appeals his rejection as a Fire Fighter candidate by West Orange and its request to remove his name from the eligible list for Fire Fighter (M2578M) 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-4 ANTHONY SANKOWSKI
Anthony Sankowski 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 (S9987M) 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-5 IVETTE GONZALEZ
Ivette Gonzalez, Community Aide Schools, with the Newark School District, represented by Colin Lynch, Esq., appeals the determination of her layoff rights by the Division of Classification and Personnel Management.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-6 PATRICIA ACKLEY
Patricia Ackley, a Senior Probation Officer with the Judiciary, Vicinage 1, Atlantic-Cape May County, requests counsel fees with regard to a 10 working day suspension.
ACTION: The Civil Service Commission directed that this request be denied.
B-7 WILFREDO CASTILLO, ET AL.
Wilfredo Castillo, Carl Cox, Miguel Feliciano-Colon, and Jose Rivera, represented by Timothy C. King, Esq., request relief from the City of Newark's requirement that Laborer 1s possess driver licenses.
ACTION: The Civil Service Commission directed that this request be denied.
B-8 DUANE MICKENS
Duane Mickens, a Supervisor, Sanitation with Newark, represented by Justin March Smith, Esq., seeks enforcement of the Civil Service Commission decision rendered on April 3, 2013, granting him mitigated back pay, benefits, seniority and counsel fees.
ACTION: The Civil Service Commission directed that this request be granted in part.
B-9 MICHAEL O'GARA
Michael O'Gara, a Fire Fighter with the City of Asbury Park, represented by Matthew T. Clark, Esq., seeks enforcement of the Civil Service Commission decision rendered on May 15, 2013, granting the appellant counsel fees.
ACTION: The Civil Service Commission directed that this request be granted.
B-10 SYLVIA GARCIA
Sylvia Garcia, a Community Aide Schools/Teacher Aide with the Newark School District, represented by Colin M. Lynch, Esq., requests relief from the Civil Service Commission regarding her special reemployment rights.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-11 MARIANO MORALES AND WILSON VELEZ
Mariano Morales and Wilson Velez, represented by William P. Hannan, Esq., request relief from the Civil Service Commission regarding their special reemployment rights.
ACTION: The Civil Service Commission directed that this request be denied.
B-12 TIMOTHY BERRY
Timothy Berry, represented by Frank M. Crivelli, Esq., requests a retroactive date of appointment to the title of Correction Lieutenant.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-13 GEORGE KALINOWSKI AND SCOTT MOON
George Kalinowski and Scott Moon appeal the bypass of their names on the County Correction Lieutenant (PC2655K), Mercer County, eligible list.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-14 VAL ARTHUR-CHARLES
Val Arthur-Charles appeals the determination of the Division of Selection Services denying her request for a make-up examination for Supervising Family Service Specialist 2 (PS6696K), Department of Children and Families.
ACTION: The Civil Service Commission directed that this request be granted.
B-15 JENNIFER DONNELLY
Jennifer Donnelly appeals the decision of the Division of Selection Services which denied her request for a make-up examination for Supervising Family Service Specialist 2 (PS6696K).
ACTION: The Civil Service Commission directed that this appeal be granted.
B-16 MIGUEL NUNEZ
Miguel Nunez appeals the denial of his request for a make-up examination for Police Lieutenant (PM5035P), Newark.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-17 LEO COLOMBO
Leo Colombo appeals the decision of the Division of Classification and Personnel Management, which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Sheriff's Officer (S9999M), Morris County on the basis of having an unsatisfactory background report.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-18 ERIC DEBOSKEY
Eric DeBoskey, represented by David D. Gies, Esq., appeals the removal of his name from the special reemployment list for Police Officer, Ewing Township, on the basis of an unsatisfactory employment history.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-19 JOHN DELANEY, III
John Delaney, III, represented by Gerald D. Miller, Esq., appeals the decision of the Division of Classification and Personnel Management upholding the removal of his name from the eligible list for Police Officer (S9999M), City of Bayonne, on the basis of falsification of his application.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-20 ALI DISMUKE
Ali Dismuke appeals the decision of the Division of Classification and Personnel Management (CPM), which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Fire Fighter (M2377H), Newark, eligible list on the basis that he was outside the residency scope. Additionally, the appellant appeals the decision of CPM, which upheld the removal of his name from the Fire Fighter (M2554M), Newark eligible list due to an unsatisfactory criminal record.
ACTION: The Civil Service Commission directed that the appeal of removal from the Fire Fighter (M2377H), eligible list, Newark, be denied, but the appeal of removal from the Fire Fighter (M2554M), Newark, eligible list be granted.
B-21 OSHIEL HAND
Oshiel Hand appeals the decision of the Division of Classification and Personnel Management which upheld the removal of her name from the Boiler Operator (PM1084L), Jersey City School District, eligible list due to her failure to appear for an interview.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-22 EMILE JOHNSON
Emile Johnson appeals the decision of the Division of Classification and Personnel Management, which found that the Department of Corrections had presented a sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9987M), DOC, eligible list due to his failure to appear for pre-employment processing.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-23 CONSUELO PACHERRES (HENAO)
Consuelo Pacherres (Henao) appeals the decision of the Division of Classification and Personnel Management which upheld the removal of her name from the Correction Officer Recruit (S9987M), Department of Corrections, eligible list due to an unsatisfactory criminal record.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-24 AMARIEL PEREZ
Amariel Perez appeals the decision of the Division of Classification and Personnel Management, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Police Officer (S9999M), Jersey City eligible list on the basis of his failure to respond to the Notice of Certification (Notice).
ACTION: The Civil Service Commission directed that this appeal be denied.
B-25 FATIYAH POSEY
Fatiyah Posey appeals the decision of the Division of Classification and Personnel Management, which found that the appointing authority had presented a sufficient basis to remove her name from the eligible list for County Correction Officer (C9979M), County of Essex, on the basis that she falsified her employment application.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-26 GREGORY SHULTZ, JR.
Gregory Shultz, Jr., appeals the removal of his name from the Police Officer (S9999M), Township of Hazlet, eligible list due to his failure to complete pre-employment processing.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-27 JAMES TAYLOR
James Taylor appeals the removal of his name from the eligible list for Correction Officer Recruit (S9987M), Department of Corrections, on the basis of having an unsatisfactory criminal record.
ACTION: The Civil Service Commission directed that this appeal be granted, but the appellant's name be recorded as bypassed.
B-28 JAIME TORRES
Jaime Torres appeals the decision of the Division of Classification and Personnel Management, which found that the appointing authority had presented a sufficient basis to remove his name from the Police Officer (S9999M), Atlantic City eligible list due to an unsatisfactory employment record.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-29 FELIX CARINO
Felix Carino, a Pump Room Attendant with Hudson County, Department of Roads and Public Property, requests that the Civil Service Commission reinstate his appeal of his 90-day suspension effective March 16, 2013, which was dismissed based on his failure to appear at his scheduled hearing.
ACTION: The Civil Service Commission directed that this request be denied.
B-30 ELAINE GARCIA
Elaine Garcia, a Senior Counselor Adolescent Unit with Atlantic County, requests that the Civil Service Commission reinstate her appeal of her 20-day suspension, which was dismissed based on her failure to appear at her scheduled settlement conference.
ACTION: The Civil Service Commission directed that this request be granted.
B-31 BERNACINE BARNES
Bernacine Barnes appeals the decision of the Division of Classification and Personnel Management that the proper classification of her position with Monmouth County is Senior Receptionist. The appellant seeks a Clerk 3 job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Richard E. Williams (Yes)
B-32 NORMAN GREIG
Norman Greig appeals the decision of the Division of Classification and Personnel Management, which found that his position with the Department of the Treasury is properly classified as Senior Technician Management Information Systems. The appellant seeks a Principal Technician Management Information Systems job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-33 SHEREE JOHNSON
Sheree Johnson appeals the decision of the Division of Classification and Personnel Management, which found that her position with the Department of the Treasury is properly classified as Supervisor Information Recording and Control, Treasury. The appellant seeks an Assistant Chief, Data Processing Operations job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-34 ROSEMARY POWALIE
Rosemary Powalie appeals the determination of the Division of Classification and Personnel Management that her position with Stockton State College is properly classified as a Senior Library Assistant. The appellant seeks a Principal Library Assistant job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-35 WALTER SCHWEDES
Walter Schwedes appeals the decision of the Division of Classification and Personnel Management that the proper classification of his position with the Department of Treasury is Supervising Pensions Benefits Specialist. The appellant seeks an Assistant Chief, Division of Pensions job classification.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-36 KATHERINE SINCLAIR
Katherine Sinclair appeals the decision of the Division of Classification and Personnel Management, which found that her position with the Department of the Treasury is properly classified as Principal Technician Management Information Systems. The appellant seeks an Administrative Analyst 2 job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-37 DEBORAH TARCZA
Deborah Tarcza appeals the decision of the Division of Classification and Personnel Management that the proper classification of her position with the Department of Environmental Protection is Laboratory Technician. The appellant seeks a Senior Laboratory Technician job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-38 STEVE CHEETHAM
Steve Cheetham appeals the decision of the Division of Selection Services that he was not permanent in a title to which the examination was open as of the closing date for the promotional examination for Project Manager Data Processing (PS2588U), Office of Information Technology.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-39 C. R.
C. R., an Executive Assistant 3 with the Department of Law and Public Safety, appeals the decision of the Director of the Office of Equal Employment Opportunity, 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-40 M. Z.
M. Z., a former Customer Representative 2, Public Utilities, Board of Public Utilities, appeals the determination of the Office of Equal Employment Opportunity and Affirmative Action, stating that it did not have jurisdiction over the appellant's complaint since the complaint did not implicate the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-41 ADMINISTRATIVE ANALYST (M2311N), CITY OF LONG BRANCH
The matter of whether the City of Long Branch should be granted permission not to make an appointment from the April 20, 2012 certification for Administrative Analyst (M2311N) has been referred to the Civil Service Commission for review.
ACTION: The Civil Service Commission directed that the request for an appointment waiver be denied and ordered the appointing authority to properly dispose of the certification and pay compliance costs in the amount of $1,000.
B-42 COMMUNITY AIDE SCHOOLS, COMMUNITY AIDE SCHOOLS/TEACHER AIDE, AND TEACHER AIDES, NEWARK SCHOOL DISTRICT (SPECIAL REEMPLOYMENT LISTS)
Former Newark School District employees in the titles Community Aide Schools, Community Aide Schools/Teacher Aide, and Teacher Aides, represented by Colin M. Lynch, Esq., Newark Teacher's Union, Local 481 (NTU), petition the Civil Service Commission to order the Newark School District (NSD) to utilize the special reemployment lists for their respective titles.
ACTION: The Civil Service Commission directed that this request be denied.
B-43 SERGEANT CAMPUS POLICE (PS1834J)
The College of New Jersey, on behalf of Claude M. Mastrosimone, petitions the Civil Service Commission for revival of the Sergeant Campus Police (PS1834J), College of New Jersey, eligible list, in order to effectuate his permanent appointment to the subject title.
ACTION: The Civil Service Commission directed that this request be granted.
B-44 SUPERVISOR SENIOR CITIZEN OUTREACH AND REFERRAL PROGRAM (M2182N), LONG BRANCH
The matter of whether the City of Long Branch should be granted permission not to make an appointment from the May 15, 2012 certification for Supervisor Senior Citizen Outreach and Referral Program (M2182N), has been referred to the Civil Service Commission for review.
ACTION: The Civil Service Commission directed that this request be granted and the appointing authority be assessed for the costs of the selection process in the amount of $2,048.
B-45 JAIME COLON
The appeal of Jaime Colon, a Police Lieutenant with the City of Elizabeth, Police Department, of his 21 working day suspension, on charges, was heard by Administrative Law Judge Jesse H. Strauss (ALJ), who rendered his initial decision on November 12, 2013. At its meeting on December 18, 2013, the Civil Service Commission did not adopt the ALJ's recommendation to modify the penalty to a five working day suspension. Rather, the Commission modified the penalty to a 10 working day suspension. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-46 NIKIA RIVERA
The appeal of Nikia Rivera, a County Correction Officer with Cumberland County, of her removal, effective January 24, 2012, on charges, was heard by Administrative Law Judge W. Todd Miller (ALJ), who rendered his initial decision on November 4, 2013. At its meeting on December 18, 2013, the Civil Service Commission acknowledged a clarified settlement agreement between the parties, but it did not adopt the ALJ's recommendation to grant back pay. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-47 CLARICE KATTY
Trenton Psychiatric Hospital, Department of Human Services, represented by Nicole P. Colon, Deputy Attorney General, petitions the Civil Service Commission for reconsideration and a stay of the final decision rendered on June 26, 2013, which modified the removal of Clarice Katty to a 180 calendar day suspension.
ACTION: The Civil Service Commission directed that these requests be denied.
VOTE: Robert M. Czech (No)
Robert E. Brenner (Yes)
Richard E. Williams (Yes)
B-48 ANGEL LLERENA
Angel Llerena requests reconsideration of the Civil Service Commission decision rendered on April 3, 2013, which denied his grievance and his classification appeal, finding that his position is properly classified as an Employment and Training Specialist 2 with the Department of Labor and Workforce Development.
ACTION: The Civil Service Commission directed that this request be denied.
B-49 JOHN VENABLES, JR.
John Venables, Jr., a former Police Lieutenant with the City of Camden, represented by Thomas A. Cushane, Esq., petitions the Civil Service Commission for reconsideration of its final decision, rendered on June 5, 2013, which upheld his six-month suspension on charges.
ACTION: The Civil Service Commission directed that this petition be denied.
B-50 EILEEN E. ALESCZYK
Eileen E. Alesczyk appeals the determination of the Division of Selection Services which found that she did not meet the requirements for the promotional examination for Personnel Aide (PC1276R), Burlington County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-51 MARIA ANGELUCCI
Maria Angelucci appeals the determination of the Division of Selection Services that she did not meet the experience requirement for the promotional examination for Senior Technician, Management Information Systems (PS2374F), Department of Education.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-52 JOANN BAXTER AND DAWN L. O'NEIL
Joann Baxter and Dawn L. O'Neil appeal the determinations of the Division of Selection Services which found that, per the substitution clause for education, they did not meet the requirements for the promotional examination for Nursing Consultant (PS2507K), Department of Human Services.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-53 LAVERNE BOOKER
Laverne Booker appeals the determination of the Division of Selection Services that she did not meet the experience requirement for the promotional examination for Administrative Assistant 3 (PS8144R), Board of Public Utilities.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-54 AUDRA CARTER
Audra Carter appeals her score on the examination for Battalion Fire Chief (PM0142P), Hoboken.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-55 JOHN CHURCH
John Church appeals his score on the examination for Battalion Fire Chief (PM0137P), Camden.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-56 GERALD CIAVATTA
Gerald Ciavatta appeals his score on the examination for Deputy Fire Chief (PM1320P), Orange.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-57 ALEXANDER DEANGELIS
Alexander DeAngelis appeals the determination of the Division of Selection Services that he did not meet the experience requirement for the promotional examination for Assistant Municipal Treasurer (PM1082P), Ewing.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-58 JOSE DIAZ
Jose Diaz, represented by Randi Doner April, Esq., appeals the determination of the Division of Selection Services that he did not meet the experience requirement for the promotional examination for Keyboarding Clerk 4 (PM1400R), Jersey City School District.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-59 DWAYNE DIXON
Dwayne Dixon appeals his score on the examination for Battalion Fire Chief (PM0137P), Camden.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-60 DAVID FELDHAN
David Feldhan appeals the written portion of the examination for Police Captain (PM1545R), Kearny.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-61 LORI GHAVAMI
Lori Ghavami appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in education and experience for the open competitive examination for Principal Accountant (C0640P), Bergen County.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-62 MELISSA HESLER
Melissa Hesler appeals the determination of the Division of Selection Services that she did not meet the experience requirement for the promotional examination for Assistant Municipal Clerk (PM1079P), Middletown Township.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-63 BRIAN IRVING
Brian Irving appeals his score on the examination for Battalion Fire Chief (PM0137P), Camden.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-64 JOSEPH JULIANO
Joseph Juliano appeals his score on the examination for Deputy Fire Chief (PM1320P), Orange, as well as his seniority, scoring factors and test administration.
ACTION: The Civil Service Commission directed that this appeal be granted in part.
B-65 COLLEEN KELLER
Colleen Keller 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 Manager 4, Environmental Protection, Technical/Scientific/Engineering (PS2873G), Department of Environmental Protection.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-66 LAWRENCE KOLESA
Lawrence Kolesa appeals his score on the examination for Deputy Fire Chief (PM1323P), Linden.
ACTION: The Civil Service Commission directed that this appeal be granted in part.
B-67 TRICIA KOPRESKI
Tricia Kopreski appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Supervisor 1 MVC (PS2112T), Motor Vehicle Commission.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-68 JENNIFER KRUSHINSKI
Jennifer Krushinski appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she was below the minimum requirements in experience for a prospective promotional examination for Supervisor of Senior Citizen Activities, Borough of Sayreville.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-69 JOSEPH MASTANDREA
Joseph Mastandrea appeals his score on the examination for Deputy Fire Chief (PM1326P), Kearny.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-70 JOSEPH MORESCO, JR.
Joseph Moresco, Jr., appeals his score on the examination for Deputy Fire Chief (PM1320P), Orange.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-71 GERALD MORRISON AND THOMAS SANFILIPPO
Gerald Morrison and Thomas Sanfilippo appeal the determinations 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 Operations Shift Superintendent (PS4894U), Office of Information Technology.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-72 VICENTE PEREZ
Vicente Perez appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the open competitive examination for Employment and Training Specialist 2 (S0673P), Statewide.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-73 CHRISTINA PERROTTA
Christina Perrotta appeals the determination of the Division of Selection Services that she was below the minimum requirements in experience for the open competitive examination for Technical Assistant, Personnel (S0858P), Statewide.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-74 FRANK THOMPSON, III
Frank Thompson, III appeals his score on the examination for Battalion Fire Chief (PM0137P), Camden.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-75 HARRIETT TOURE
Harriett Toure appeals the decision of the Division of Selection Services which found that the appellant did not meet the educational requirements for Habilitation Plan Coordinator (S0744M), and removed her name from the eligible list.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-76 THOMAS WALSH
Thomas Walsh appeals his score on the examination for Deputy Fire Chief (PM1329P), Elizabeth.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-77 PROPOSED AMENDMENT: N.J.A.C. 4A:3-4.9, ADVANCEMENT PAY ADJUSTMENTS: STATE SERVICE
Submitted for the Commission's approval is a Notice of Proposal of an amendment to N.J.A.C. 4A:3-4.9, Advancement pay adjustments: State service. The amendment would clarify that, where the State and a union agree to a promotional pay calculation that does not follow the rule but would not result in an amount greater than that allowed by the rule, the salary adjustment, per contract, applies to all subsections of N.J.A.C. 4A:3-4.9. Therefore, it is recommended that this proposal be approved for publication in the New Jersey Register for public notice and comment.
ACTION: The Civil Service Commission approved the proposed amendment for public notice and comment.
B-78 CIVIL SERVICE COMMISSION MINUTES
Submitted for adoption are the Civil Service Commission minutes of its meeting of December 18, 2013.
ACTION: The Civil Service Commission adopted the minutes of its meeting of December 18, 2013.
B-79 CIVIL SERVICE COMMISSION MINUTES
Submitted for adoption are the Civil Service Commission minutes of its special meeting of December 23, 2013.
ACTION: The Civil Service Commission adopted the minutes of its special meeting of December 23, 2013.
B-80 CAMDEN COUNTY POLICE DEPARTMENT
The Camden County Police Department requests a rule relaxation to permit officers who do not meet the requirements of N.J.A.C. 4A:4-2.6(a)1 and N.J.A.C. 4A:4-2.6(b) to apply for Police Sergeant, Police Lieutenant, and Police Captain examinations.
ACTION: The Civil Service Commission directed that this request be granted.
B-81 WHITNEY TIGNER
Whitney Tigner appeals the denial of her request for a make-up for the open competitive examination for Habilitation Plan Coordinator (S0847P), Statewide.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-82 KATHY DONALDSON
Kathy Donaldson appeals the denial of her request for a make-up of the promotional examination for Senior Claims Examiner Unemployment & Disability Insurance, (PS6407N), Department of Labor.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-83 S. F.
S. F., a Deputy Attorney General with the Office of the Attorney General, Department of Law and Public Safety, petitions the Civil Service Commission for retroactive participation in the Donated Leave Program.
ACTION: The Civil Service Commission directed that this petition be granted.
B-84 JEFFREY LANNON
Jeffrey Lannon appeals the determination of the Division of Selection Services that he lacked the required amount of permanent status in a title to which the examination is open as of the closing date for the promotional examination for Police Lieutenant Human Services (PS8104K), Human Services.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-85 URBAN GIARDINO
Urban Giardino appeals the decision of the Division of Selection Services which found that the appellant did not meet the experience requirements for Safety Officer, Developmental Disabilities (S0169P), and removed his name from the eligible list.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-86 JOHN J. COLLINS
John J. Collins, represented by Constantine Bardis, Esq., appeals his rejection as a Fire Fighter candidate by Jersey City and its request to remove his name from the eligible list for Fire Fighter (M2365H) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this appeal be granted.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Richard E. Williams (Yes)
B-87 KYLE BOWMAN
Kyle Bowman, represented by Anthony J. Fusco, Jr., seeks enforcement of the Civil Service Commission decision rendered on August 15, 2013, ordering the appointing authority to pay Mr. Bowman back pay in the gross amount of $50,801.86 within 30 days of the issuance of that decision.
ACTION: The Civil Service Commission directed that this request be granted and assessed compliance costs.
B-88 KOURTNEY CRIVELLO
The Department of Law and Public Safety, on behalf of Kourtney (Brown) Crivello, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit Ms. Crivello to receive more than the 260 donated leave days allowed to a recipient.
ACTION: The Civil Service Commission directed that this request be granted.
B-89 ROBERT WILLIAMS
The Department of Law and Public Safety, on behalf of Robert Williams, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit Williams to participate in the Donated Leave Program without having completed at least one year of continuous State service, effective January 11, 2014.
ACTION: The Civil Service Commission directed that this request be granted.
B-90 JOHN BADO, ET AL.
John Bado, Richard Bell and John Casalinho appeal the denial of their requests for makeup examinations for Police Sergeant, (PM5120N) Jersey City, (PM5108N) East Orange, and (PM5107N) Newark, respectively.
ACTION: The Civil Service Commission directed that these appeals be granted.
B-91 KELLEY BATEJAN
Kelley Batejan appeals the decision of the Division of Selection Services which denied her request for a makeup examination for Supervising Family Service Specialist 1 (PS8468K).
ACTION: The Civil Service Commission directed that this appeal be granted.
B-92 THOMAS YOUNG
Thomas Young appeals the denial of his request for a makeup examination for County Correction Sergeant (PC1211P), Hudson County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-93 STANLEY KISALA
Stanley Kisala, a Police Lieutenant with Wallington, appeals the appointing authority's failure to provisionally appoint him, or to provide him with a regular appointment for Police Captain, commencing January 27, 2005.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-94 VICTORIA THOMPSON
The City of Elizabeth Housing Authority, represented by Carla N. Dorsi, Esq., seeks Civil Service Commission resolution of a dispute concerning the amount of back pay due to Victoria Thompson, a Personnel Assistant, during the period of her separation from employment.
ACTION: The Civil Service Commission awarded $85,309.96 in back pay.
B-95 L. S.
L. S., an Administrative Analyst 1 with the Department of Children and Families, appeals the determination of the Chief of Staff stating 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.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Richard E. Williams (Yes)
B-96 ROSS DILLON
Morristown, the appointing authority, represented by Jennifer Roselle, Esq., requests reconsideration of the decision In the Matter of Ross Dillon (S9999K), Morristown rendered on September 4, 2013 by the Civil Service Commission which found Ross Dillon to be psychologically fit for a position as a Police Officer (S9999K), Morristown.
ACTION: The Civil Service Commission directed that this petition be granted and referred this matter for independent evaluation.
B-97 JOHN MAYER, ET AL.
John Mayer (PM1462R), Elizabeth; Neal Pedersen (PM1448R), Brick; Steven Krushinsky (PM1470R), Harrison, James Finnegan (PM1478R), Lakewood; Michael Rakauckas (PM1490R), Mount Laurel; and Jaime Navarro and Hector Alvarez (PM1494R), Paterson; appeal the written portion of the examination for Police Lieutenant (various jurisdictions).
ACTION: The Civil Service Commission directed that these appeals be denied.
B-98 DANIEL G. KILPATRICK
Daniel G. Kilpatrick, represented by John D. Feeley, Esq., appeals his rejection as a Fire Fighter candidate by Jersey City and its request to remove his name from the eligible list for Fire Fighter (M2365H) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-99 KLARIDA PAPAJANI
Klarida Papajani requests a make-up examination for the open competitive examination for Correction Officer Recruit (S9988R), Statewide.
ACTION: The Civil Service Commission directed that this request be granted.
B-100 CHANGE IN CLASSIFICATION PLAN - TITLE CREATION
The Division of Classification and Personnel Management requests renaming the Technical Assistant 1, Higher Education title to Technical Assistant, Higher Education and to designate as archaic the Technical Assistant 2, Higher Education title.
ACTION: The Civil Service Commission directed that this request be granted.
B-101 CHANGE IN CLASSIFICATION PLAN - TITLE CREATION
The Division of Classification and Personnel Management requests the establishment of the Compliance Officer Supervisor, Motor Vehicle Commission, title.
ACTION: The Civil Service Commission directed that this request be granted.
B-102 SALARY REGULATIONS FOR FISCAL YEAR 2014
Submitted for the Civil Service Commission's review are the Salary Regulations for Fiscal Year 2014. These include the following: Aligned Salary Regulations, Non-Aligned Salary Regulation with attachments A and B, Emergency Conditions Salary Regulation, Special Incentive Salary Regulation, and Miscellaneous Salary Regulations. They have been approved by Robert M. Czech, Chair/CEO, Civil Service Commission, and Charlene M. Holzbaur, Director, Office of Management and Budget. It is recommended that the Commission record these salary regulations.
ACTION: The Civil Service Commission recorded the salary regulations.
B-103 PROPOSED AMENDMENTS: N.J.A.C. 4A:4-2.15, 4A:6-5.1 AND 5.3 AND 4A:8-2.4 (PERFORMANCE ASSESSMENT REVIEW, FIVE-LEVEL RATING SCALE)
Submitted for the Commission's approval is a Notice of Adoption of proposed amendments to N.J.A.C. 4A:4-2.15, N.J.A.C. 4A:6-5.1 and N.J.A.C. 4A:8-2.4 (Performance assessment review, five-level rating scale). The amendments were modeled upon a successful pilot program pertaining to the PAR program in State service. The amendments would codify a five-level PAR rating system exempting only those employees subject to a union contract specifying a three-level system. One comment was received during the public comment period, to which a response has been provided in the Notice of Adoption. Therefore, it is recommended that this proposal be adopted without change.
ACTION: The Civil Service Commission adopted the proposed amendments without change.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, February 26, 2014, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
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