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Rolando Torres, Jr., Chairman
Flavella Branham
John Currie
Margaret E.L. Howard
Robert Long
A regular meeting of the Merit System Board was held on Wednesday, February 13, 2008, in Trenton, New Jersey.
PRESENT: Chairman Rolando Torres, Jr., Merit System Board Members Flavella Branham, John Currie and Robert J. Long; Pamela Ullman, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, Chairman Rolando Torres Jr., 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 21, 2007, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified.
STATE
The Merit System Board recorded the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Julia Anderson, County Correction Officer, Burlington County Department of Corrections, suspension.
Kevin Barbera, Police Officer, Town of Hackettstown, Police Department, removal.
Dean Barnes, County Correction Officer, Burlington County Department of
Corrections, suspension.
Oluwanbunwif Fawole, Family Service Worker, Essex County, Division of Welfare, removal.
Jeanette George, County Correction Officer, Mercer County, Department of Public Safety, suspension.
Tony Harris, Human Services Assistant, Trenton Psychiatric Hospital, suspension.
Damon Jefferson, Police Officer, City of Trenton, Department of Public Safety, indefinite suspension.
Louise Lusquinos, Teacher's Aide, Newark School District, removal.
Craig Lawhorn, Repairer, New Lisbon Developmental Center, Department of Human Services, indefinite suspension.
Dorothy Meelheim, School Bus Driver, Berkeley Township School District, suspension.
Hugh Montani, Laborer, City of Perth Amboy, Department of Public Works, removal.
Ifeyinwa Ndukwe, Practical Nurse, Hunterdon Developmental Center, Department of Human Services, return to formerly held permanent title at the end of the working test period.
Rhega Taylor, Program Director, Housing Assistance, Atlantic City Housing Authority, good faith layoff.
Kecia Williams, Judiciary Clerk, Judiciary - Middlesex Vicinage, removal.
Latoya Young, Police Aide, City of Newark, Police Department, removal.
DISMISSAL OF APPEALS - FAILURE TO APPEAR
The Merit System Board dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law, it is noted that Commissioner Torres abstained on the appeal of Monica McPherson.
Paula Alford, Community Relations Aide, City of Paterson, good faith layoff.
Danielle Bonardi, County Correction Officer, Bergen County, Sheriff's Department, removal.
Katherine Burns, Practical Nurse, Hudson County, Corrections Department, release at the end of the working test period.
Darnell Cartwright, Senior Laundry Worker, Vineland Developmental Center, Department of Human Services, resignation not in good standing.
Roland Excellent, Residential Services Worker, New Jersey Veterans Memorial Home at Menlo Park, Department of Military and Veterans Affairs, release at the end of the working test period.
Jennifer Goolsby, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, resignation not in good standing.
Donald Johnson, Laborer, City of Newark, Department of Neighborhood Services, removal.
Laura McCabe, Clerk Typist, Bergen County Board of Social Services, removal and resignation not in good standing.
Monica McPherson, Personnel and Labor Analyst Trainee, Department of Personnel, release at the end of the working test period.
Paulette Pierre-Louis, Institutional Attendant, Union County, Runnells Hospital
removal
Jennifer Raleigh, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, resignation not in good standing.
Joseph Riddle, Custodial Worker, Newark School District, removal and resignation not in good standing.
Brandon Tennis, County Correction Officer, Burlington County, Department of Corrections, suspensions.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Isabelle Armand
County of Union
Runnells Hospital
Removal
In the Matter of Annette Ashford
Newark School District
Removal
In the Matter of Anna Ayuso
County of Hudson
Department of Family Services
Suspension
In the Matter of Toni Caruso
County of Burlington
County Jail
Resignation not in good standing
In the Matter of Mitchell Dinnerstein
Ocean County Board of Social Services
Suspension and Removal
In the Matter of Luis Estevez
County of Hudson
Department of Health and Human Services
Removal
In the Matter of Diane Gyamfi
City of Newark
Police Department
Suspension
In the Matter of David A. Hendershott, Jr.
City of Vineland
Health Department
Suspension
In the Matter of Patrick Jackson
City of Trenton
Department of Public Works
Suspension and Removal
In the Matter of Marilyn Kidd
Newark School District
Removal
In the Matter of David Papa
Borough of Rutherford
Department of Public Works
Removal
In the Matter of Brian Pennella
County of Morris
Sheriff's Office
Removal
In the Matter of Antoinette Sims
County of Hudson
Department of Corrections
Resignation not in good standing
In the Matter of Shequan Vanderhorst
Newark School District
Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements.
A-2 EDWARD COTTON
Eric Cotton, Cottage Training Technician, Woodbridge Developmental Center, Department of Human Services, 10-working day suspension on the charge of neglect of duty, failure to devote attention to tasks which would not result in causing a danger to a client, and removal effective July 14, 2006 on the charge of physical abuse of a client. This matter was held over from the January 16, 2008 Merit System Board meeting.
Recommendation of the Administrative Law Judge - Reverse the 10-working day suspension and removal.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a 5-day suspension and affirmed the recommendation of the Administrative Law Judge to reverse the removal.
A-3 MICHAEL HOWE
Michael Howe, Police Officer, City of Clifton, Department of Public Safety, release at the end of the working test period effective December 8, 2005.
Recommendation of the Administrative Law Judge - Reverse the release at the end of the working test period and grant a six month extension of the working test period.
ACTION: The Merit System Board directed that this matter be held over.
A-4 GENERAL MCFADDEN
General McFadden, Fire Alarm Operator, City of Paterson, Fire Department, 30-day suspension on charges of conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge - Uphold the 30-day suspension.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a 120-working day suspension.
A-5 JUAN MELENDEZ (REMAND)
Juan Melendez, County Correction Officer, County of Hudson, Department of Corrections, 30-day suspension on charges of insubordination, conduct unbecoming a public employee, neglect of duty and other sufficient cause.
Recommendation of the Administrative Law Judge - Modify the 30-day suspension to a 15-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-6 DONALD MICHELSON
Donald Michelson, Police Sergeant, City of Union, Department of Public Safety, six-day suspension on charges of neglect of duty, other sufficient cause and violation of Department rules and regulations regarding absence without leave.
Recommendation of the Administrative Law Judge - Uphold the six-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-7 DAISY RAMOS
Daisy Ramos, School Clerk, Newark School District, 10-day suspension on charges of insubordination, conduct unbecoming a public employee, and other sufficient cause.
Recommendation of the Administrative Law Judge - Modify the 10-day suspension to a 20-day suspension.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a 45-working day suspension.
A-8 RICHARD J. RIVERA
Richard J. Rivera, County Correction Officer, County of Monmouth, Department of Corrections and Youth Services, 10-day suspension on charges of other sufficient cause and violation of Sheriff's Office rules and regulations.
Recommendation of the Administrative Law Judge - Uphold the 10-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-9 GENEVA COPES (REMAND)
Geneva Copes, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal effective December 21, 2005, on the charge of physical abuse of a patient.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-10 ALONZO CUMBERLANDER
Alonzo Cumberlander, Senior Correction Officer, Northern State Prison, Department of Corrections, removal effective December 5, 2006, on charges of conduct unbecoming a public employee, and violation of Department rules regarding physical or mental abuse of an inmate, patient, client, resident or employee, inappropriate physical contact or mistreatment of an inmate, patient, client, resident or employee, fighting or creating a disturbance on state property, negligence in performing duty resulting to injury to persons or damage to property. This matter was held over from the January 16, 2008 Merit System Board meeting.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.
A-11 JAMIE LEMIEUX
Jamie Lemieux, Business Manager, I, Greystone Park Psychiatric Hospital, Department of Human Services, removal on the charge of criminal misconduct.
Recommendation of the Administrative Law Judge - Return the matter to Greystone Park Psychiatric Hospital to complete a departmental hearing and issue a final notice either sustaining or dismissing the charges.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-12 DEAN J. SPENCER
Dean J. Spencer, Social Worker, Juvenile Rehabilitation, Intensive Supervision Program, County of Cape May, Department of Youth Services, removal effective June 14, 2005, on charges of incompetency, inefficiency, or failure to perform duties, conduct unbecoming a public employee, misuse of public property and other sufficient cause.
Recommendation of the Administrative Law Judge - Modify the removal to a written reprimand.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-13 LAKISHA TYSON
Lakisha Tyson, Human Services Assistant, New Lisbon Developmental Center, Department of Human Services, removal effective September 6, 2006, on charges of physical abuse of a co-worker and fighting on State property.
Recommendation of the Administrative Law Judge - Modify the removal to a 90-day suspension.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a 180-day suspension and anger management training.
A-14 PBA LOCALS 51 AND 51A, COUNTY OF HUDSON (POLICE
DEPARTMENT LAYOFFS)
The PBA Locals 51 and 51A appeal the good faith layoff on behalf of their members, Police Officers, Hudson County Police Department. This matter is consolidated with an unfair labor practice charge filed with the Public Employment Relations Commission (PERC) by the PBA Locals 51 and 51A,
Recommendation of the Administrative Law Judge - Uphold the layoff
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
SECTION B - MISCELLANEOUS MATTERS
B-1 MAMIE SIMMONS
Mamie Simmons appeals her rejection as a County Correction Officer candidate by Essex County and its request to remove her name from the eligible list for County Correction Officer (S9999H) on the basis of medical unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-2 MONIQUEA CLARK
Moniquea Clark, a Senior Therapy Program Assistant with the Ann Klein Forensic Center, Department of Human Services, represented by Ronald McMullen, AFSCME Local 2222, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-3 MICHAEL LALOR
Michael Lalor, a Practical Nurse with the Hunterdon Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-4 LLOYD LOVELL
Lloyd Lovell, a Senior Correction Officer with Southern State Correctional Facility, Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-5 ROBERT STOCKER
Robert Stocker, a Senior Correction Officer with the Mountainview Youth Correctional Facility, Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-6 RUTH STEINRUCK
Ruth Steinruck, an Executive Assistant 3 with the Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-7 ANTONIO D. DOMINGUEZ
Antonio D. Dominguez appeals the decision of the Division of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for County Correction Officer (S9999F), Atlantic County, on the basis of falsification of his employment application.
ACTION: The Merit System Board directed that this appeal be denied.
B-8 RAJAHN K. HASSAN
Rajahn K. Hassan, represented by Eric M. Winston, Esq., appeals the decision of the Division of Human Resource Information Services which upheld the removal of his name from the Fire Fighter (M2289E), City of Newark, eligible list due to his failure to meet the residency requirement.
ACTION: The Merit System Board directed that this appeal be denied.
B-9 PIYUCH PATEL AND ISABELINO PELLOT
Piyush Patel, represented by Gary D. Tomasella, Esq., and Isabelino Pellot, represented by Gina Mendola Longarzo, Esq., appeal the bypass of their names on the eligible list for Police Sergeant (PM2548E), City of Passaic.
ACTION: The Merit System Board granted a hearing.
B-10 NATHANIEL RICHARDSON
Nathaniel Richardson appeals the decision of the Division of Human Resource Information Services, which upheld the bypass of his name on the County Correction Sergeant (PC2652F), Essex County, eligible list.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Rolando Torres, Jr. (Yes)
Flavella Branham (Abstained)
John Currie (Yes)
Robert J. Long (Yes)
B-11 SUPERVISOR, TRADES (PM1694H), NEWARK SCHOOL DISTRICT
Gerald Bland, Director, Office of Facilities Support, Newark Public School District, appeals the validity of the promotional examination for Supervisor, Trades (PM1694H), Newark School District.
ACTION: The Merit System Board directed that this appeal be denied.
B-12 ALBERT RIVERA, JR.
Albert Rivera, Jr., a Sergeant with the New Jersey State Police, Department of Law and Public Safety, appeals the determination of the former First Assistant Attorney General, stating that the appellant failed to present sufficient evidence to support a finding that he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Merit System Board directed that this appeal be denied.
B-13 JANE SCHAUT
Jane Schaut, a Legal Secretary 2 with the Division of Law, Department of Law and Public Safety (DLPS), appeals the determination of the Acting Director, Office of Equal Employment Opportunity, DLPS, 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 (State Policy).
ACTION: The Merit System Board directed that this appeal be denied.
B-14 ASA PARIS
Asa Paris, a County Correction Officer with Mercer County, represented by Sidney H. Lehmann, Esq., appeals his return to his permanent title.
ACTION: The Merit System Board directed that this appeal be denied.
B-15 RENO REALI
The Department of the Treasury requests relief on behalf of Reno Reali, a Clerk Typist.
ACTION: The Merit System Board granted the request.
B-16 WILLIAM CARSON
The Director, Division of Selection Services, requests that the provisions of N.J.A.C. 4A:4-1.1(c) be relaxed in order to allow William Carson to be provisionally appointed, pending promotional examination procedures, to the competitive title of Technician, Management Information Systems.
ACTION: The Merit System Board granted the request.
B-17 RICHARD WELLS
The Department of Transportation requests that the provisions of N.J.A.C. 4A:4-7.8(c) be relaxed in order to permanently appoint Richard Wells to the title of Engineering Technician 5.
ACTION: The Merit System Board denied the request.
B-18 LILLIAN FOSTER
Lillian Foster requests reconsideration of the final decision of the Merit System Board rendered on August 15, 2007, which upheld the bypass of her name on the Investigator (S0209E), Judiciary, Vicinage 8, Middlesex County, eligible list.
ACTION: The Merit System Board denied the request for reconsideration.
B-19 HOSSEIN ABEDINI, ET AL.
Hossein Abedini George Constantine, Bhuleshwar Darji, Miguel Faucette, Paul Hanczaryk, Faramarz Kashani, Jude Kianka, John Masiello, Jayesh Patel, Pankaj Patel, Rajeshkumar Patel, Vinubhai Patel, Wahabuddin Roomi, Matthew Schiariti, and Vittal Sitaram appeal the determinations of the Division of Selection Services which found that they were below the minimum requirements in education and experience for the promotional examination for Project Engineer, Geotechnical (PS5759T), Department of Transportation.
ACTION: The Merit System Board directed that these appeals be denied.
B-20 HOSSEIN ABEDNIN, ET AL.
Hossein Abedini, Miguel Faucette, Jude Kianka, and Jayantilal Rana appeal the determinations of the Division of Selection Services which found that they were below the minimum requirements in education and experience for the promotional examination for Project Engineer, Landscape (PS5760T), Department of Transportation.
ACTION: The Merit System Board directed that these appeals be denied.
B-21 HOSSEIN ABEDINI, ET AL.
Hossein Abedini, Sarah Abraham, Albert Adolf, Nicholas Alfano, Zakrollah Asadpour, Karl Bevans, Roland Bisda, Phillip Boone, Rajendra Brahmbhatt, Charles Brodowicz, Niculina Chivulescu, Arthur Christian, Antoine Cook, Larry Cotton, James Coyle, Frederick Czepiga, Bhuleshwar Darji, Mahesh Desai, Miguel Faucette, Daud Ferozan, Luis Galarza, Robert Galinat, Prakash Gandhi, Nicholas Gephart, Paul Hanczaryk, Michael Horan, Jude Kianka, Ronald Kuzma, Thomas Loftus, Robert May, Nirmin Nasef, Jayesh Patel, Naresh Patel, Natvar Patel, Pankaj Patel, Rajeshkumar Patel, Rameshbhai Patel, Vinubhai Patel, Frank Pinto, Wael Quasmieh, Jayantilal Rana, Kamalavathany Ravishankar, Wahabuddin Roomi, Myrna Santos, Matthew Schiariti, Jack Scire, Robert Scholink, Kumar Selvakumar, Kalphesh Shah, Mahendra Shah, Pankajkumar Shah, David Smith, Terance Smith, Ramesh Suvagiya, Pinakin Tank, Girish Thakkar, Richard Thayer, Gregory Varone, Gary Vetro, David Wong and Frank Zrinsky appeal the determinations of the Division of Selection Services which found that they were below the minim requirements in experience for the promotional examination for Project Engineer, Surface Design (PS5762T), Department of Transportation.
ACTION: The Merit System Board directed that these appeals be denied.
B-22 ANNAM ACHUTHA, ET AL.
Annam Achutha, Kanaga Arunachalam, Roland Bisda, Niculina Chivulescu, Larry Cotton, Miguel Faucette, Prakash Gandhi, Robert Kuo, Nicholas Lukianov, Nirmin Nasef, Hemanthlal Padalia, Jayesh H. Patel, Natvar Patel, Pankaj Patel, Rajeshkumar Patel, Kamalavathany Ravishankar, Matthew Schiariti, Kumar Selvakumar, Pankajkumar Shah, Vittal Sitaram, and Girish Thakkar, appeal the determinations of the Division of Selection Services which found that they were below the minimum requirements in experience for the Project Engineer, Structural Transportation (PS5761T), Department of Transportation. Albert Adolf and Jayantilal Rana appeal the determinations of the Division of Selection Services which found that they were below the minimum requirements in education and experience for the promotional examination for Project Engineer, Structural Transportation (PS5761T), Department of Transportation.
ACITON: The Merit System Board directed that these appeals be denied.
B-23 DANIEL P. AVERY AND ERIKA A. GROOMES
Daniel P. Avery and Erika A. Groomes appeal the determinations of the Division of Selection Services which found that they did not meet the experience requirements for the open competitive examination for Investigator (S0454H).
ACTION: The Merit System Board directed that these appeals be denied.
B-24 HEATH BERNSTEIN
Heath Bernstein appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Manager 2, Human Resources (PS5721K), Department of Children and Families.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Rolando Torres, Jr. (Abstained)
Flavella Branham (Yes)
John Currie (Yes)
Robert J. Long (Yes)
B-25 GENEVIEVE BOCCHINO
Genevieve Bocchino appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the open competitive examination for Senior Standards and Procedures Technician (S6904H).
ACTION: The Merit System Board directed that this appeal be denied.
B-26 MELINDA I. BRADFORD AND MARY J. TAYLOR
Melinda I. Bradford and Mary J. Taylor appeal the determinations of the Division of Selection Services which found that, per the substitution clause for education, they did not meet the experience requirements for the open competitive examination for Personnel Assistant 3 (S0583J).
ACTION: The Merit System Board directed that these appeals be denied.
B-27 RICHARD CEGLARSKI
Richard Ceglarski appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Public Works Superintendent (PM0231J), Middle Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-28 RAY E. DERMAN, JR.
Ray E. Derman, Jr. 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 Sales Supervisor State Lottery (PS4994U), Department of the Treasury.
ACTION: The Merit System Board directed that this appeal be granted.
B-29 JOHN GAROFALO
John Garofalo appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the open competitive examination for Assistant Superintendent of Weights and Measures (C6144J), Union County.
ACTION: The Merit System Board directed that this appeal be denied.
B-30 LORI A. LAMBERT
Lori A. Lambert appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Network Administrator 2 (PS3035P), Division of State Police, Department of Law and Public Safety.
ACTION: The Merit System Board directed that this appeal be granted.
B-31 FELIX O. AMOH MENSAH
Felix O. Amoh Mensah appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Lead Poisoning Inspector/Senior Sanitary Inspector (PM1620H), City of Newark.
ACTION: The Merit System Board directed that this appeal be granted.
B-32 JANET MEYER
Janet Meyer appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the promotional examination for Administrative Secretary (PC1160H), Cape May County.
ACTION: The Merit System Board directed that this appeal be granted.
B-33 CARL NEU
Carol Neu appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Sewer Superintendent (PM1680H), Middle Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-34 MICHELLE K. PATTIK
Michelle K. Pattik 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 the open competitive examination for Business Manager (C4123J), Burlington County.
ACTION: The Merit System Board directed that this appeal be denied.
B-35 KIMBERLY D. TOOKES
Kimberly D. Tookes 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 Assistant Training Supervisor, County Welfare Agency (PC0356J), County of Essex.
ACTION: The Merit System Board directed that this appeal be denied.
B-36 JOSEPH MOSCINSKI
Joseph Moscinski appeals the denial of his request for a make-up examination for Fire Captain (PM3593J), Harrison.
ACTION: The Merit System Board directed that this appeal be granted.
B-37 JAMIE SANTIAGO, JR.
Jamie Santiago, Jr., appeals his disqualification from the examination for Fire Fighter (M9999H), Newark.
ACTION: The Merit System Board directed that this appeal be denied.
B-38 MERIT SYSTEM BOARD MINTUES
The Merit System Board Minutes of its meeting of January 30, 2008 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of January 30, 2008.
VOTE: Rolando Torres, Jr. (Yes)
Flavella Branham (Yes)
John Currie (Yes)
Robert J. Long (Abstained)
B-39 JAMES NEWDECK
James Newdeck requests that the Merit System Board order the Motor Vehicle Commission to appoint him from the special reemployment list for Safety Specialist 2.
ACTION: The Merit System Board directed that this appeal be denied, but that the Division of State Human Resource Management provide special reemployment rights for primary titles consistent with this decision for prospective employment opportunities only.
B-40 ESTELLE SMITH
The appeal of Estelle Smith, a Senior Correction Officer with the Garden State Youth Correctional Facility, Department of Corrections, of her removal, effective March 8, 2007, on charges, was heard by Administrative Law Judge Beatrice S. Tylutki (ALJ), who rendered her initial decision on November 29, 2007. At its meeting on January 30, 2008, the Merit System Board did not adopt the ALJ's recommendation to uphold the removal. Rather the Board ordered that the matter be remanded to the Office of Administrative Law. The proposed decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the decision.
VOTE: Rolando Torres, Jr. (Yes)
Flavella Branham (Yes)
John Currie (Yes)
Robert J. Long (Abstained)
B-41 EARLY SETTLEMENTS
Zoraida Baez
Vineland Developmental Center
Department of Human Services
Suspension
Tonya Dessasau
Woodbridge Developmental Center
Department of Human Services.
ACTION:
There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, February 27, 2008 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
______________________________
ROLANDO TORRES, JR.
COMMISSIONER
MERIT SYSTEM BOARD
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