Civil Service Commission | Meeting Minutes of February 26, 2020

Deirdré L. Webster Cobb, Chairperson

Dolores Gorczyca

Daniel W. O’Mullan

Diomedes Tsitouras

FEBRUARY 26, 2020

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A regular meeting of the Civil Service Commission was held on Wednesday, February 26, 2020, at 10:00 a.m., in Trenton, New Jersey.

PRESENT: Deirdré L. Webster Cobb, Chairperson, Members Dolores Gorczyca, Daniel W. O’Mullan (via telephone) and Diomedes Tsitouras; Pamula Ullman, Deputy Attorney General; Christopher Myers, 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 November 13, 2019, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

CIVIL SERVICE COMMISSION MINUTES

Submitted for adoption are the Civil Service Commission minutes of its meeting of February 12, 2020.

ACTION: The Civil Service Commission adopted the minutes of its meeting of February 12, 2020

WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the hearing calendar:

Malcolm Jones, Police Officer, South Orange, Department of Public Safety, release at the end of the working test period.

Melvin Jones, City of Atlantic City, Department of Public Works, removal.

Anthony Landi, Police Officer, Township of Weehawken, Police Department, removal.

Yakov Litovsky, Judiciary Clerk 3, Judiciary, Monmouth Vicinage, 60 working day suspension.

Cynthia Pena, Human Services Specialist 1, Passaic County, Board of Social Services, removal.

ACTION: The Civil Service Commission noted the withdrawal of appeals without prejudice.

SECTION A – HEARING MATTERS

A-1 SETTLEMENTS

Katrina Bond-El

Judiciary

Atlantic-Cape May Vicinage

Suspension

Anthony Bove

Ocean County

Department of Consumer Protection

Removal

Colleen Carbone

City of Jersey City

Department of Administration

Suspension

William Lane

City of Newark

Department of Public Works

Removal

Gloria Pineda

The College of New Jersey

Removal

VOTE: Deirdrè L. Webster Cobb (Yes)

Dolores Gorczyca (Recuse)

Daniel W. O’Mullan (Yes)

Diomedes Tsitouras (Yes)

Adriane Reed

Ancora Psychiatric Hospital

Department of Health

Removal

Michael Spagnola

Hunterdon Developmental Center

Department of Human Services

Resignation not in good standing

Samuel Steinert, Jr.

Department of Community Affairs

Removal

Michael Vandenberge

Ocean County

Board of Social Services

Removal and resignation not in good standing

RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES – SETTLEMENT

ACTION: The Civil Service Commission acknowledged the settlements.

A-2 DARIUS COLLINS (A written decision will be posted in this matter when the Civil Service Commission adopts the decision at a future meeting.)

Darius Collins, Senior Correctional Police Officer, Northern State Prison, Department of Corrections, removal effective May 8, 2019, on charges of conduct unbecoming a public employee, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge – Modify the removal to a 120 working day suspension.

ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge and upheld the removal.

VOTE: Deirdrè L. Webster Cobb (Yes)

Dolores Gorczyca (Yes)

Daniel W. O’Mullan (Yes)

Diomedes Tsitouras (No)

A-3 PHYLLIS DAVIS

Phyllis Davis, Human Services Assistant, Ancora Psychiatric Hospital, Department of Health, removal effective November 21, 2013 on charges of 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-4 DANIELA GARCIA

Daniela Garcia, Police Officer, City of Paterson, Police Department, removal effective August 15, 2019, on charges of incompetency, inefficiency, or failure to perform duties, inability to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge – Modify the removal to a 120 working day suspension.

ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge and modified the removal to a five working day suspension.

SECTION B – MISCELLANEOUS MATTERS

B-1 H.B. AND J.P. – CSC DOCKET NOS. 2019-1656 AND 2019-1657

H.B. and J.P., represented buy Giovanna Giampa, Esq., request withdrawal of the appeals of their removal from the eligible list for Police Officer (S9999U), Jersey City, on the basis of psychological unfitness to perform effectively the duties of the positions.

ACTION: The Civil Service Commission acknowledged the withdrawal of appeals and assessed $675 each to H.B. and J.P. for the cost of the Medical Review Panel’s review of each case.

B-2 O.C. – CSC DOCKET NO. 2019-669

O.C., represented by Donald A. DiGioia, Esq., appeals his rejection as a Police Officer candidate by the City of Elizabeth and its request to remove his name from the eligible list for Police Officer (S9999U) 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-3 D.M. – CSC DOCKET NO. 2019-2232

D.M. appeals his rejection as a Correctional Police Officer candidate by the Department of Corrections and its request to remove his name from the eligible list for Correctional Police Officer (S9999U) on the basis of psychological unfitness to perform effectively the duties of the position.

ACTION: The Civil Service Commission directed that the appellant be referred for an independent psychological evaluation.

B-4 JOHN CERRATO AND SARA SILVA-RAMIREZ – CSC DOCKET NOS. 2020-732 AND 2020-695

John Cerrato and Sara Silva-Ramirez appeal the Passaic County Board of Social Services’ requests to remove their names from the Human Services Specialist 4 (PC0415V), Passaic County Board of Social Services, eligible list on the basis of an unsatisfactory employment record.

ACTION: The Civil Service Commission directed that these appeals be denied.

B-5 AMANDA COLBERT – CSC DOCKET NO. 2019-2725

Amanda Colbert appeals her removal from the Correctional Police Officer (S9988U), Department of Corrections eligible list on the basis of an unsatisfactory criminal record.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-6 STEPHEN FORBES – CSC DOCKET NO. 2020-1130

Stephen Forbes appeals his removal from the eligible list for Operating Engineer, Hearing and Air Conditioning (S0021A), South Woods State Prison, on the basis of an unsatisfactory criminal record.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-7 ERIC GROETHING – CSC DOCKET NO. 2018-3090

Eric Groething appeals his removal from the Sheriff’s Officer (S9999U), Hudson County Sheriff’s Office, eligible list on the basis of falsification of his application.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-8 CHRISTOPHER PELLEGRINO – CSC DOCKET NO. 2019-3023

Christopher Pellegrino, represented by Michael L. Prigoff, Esq., appeals the North Hudson Regional Fire and Rescue’s request to remove his name from the eligible list for Fire Fighter (M1557T), on the basis that he failed to respond to the certification notice.

ACTION: The Civil Service Commission directed that this appeal be granted.

B-9 M.R. – CSC DOCKET NO. 2020-842

M.R. appeals the removal of her name from the Correctional Police Officer (S9988A), Department of Corrections, eligible list on the basis of falsification of the preemployment application.

ACTION: The Civil Service Commission directed that this appeal be granted.

B-10 D.W. – CSC DOCKET NO. 2019-2732

D.W. appeals the removal of his name from the Correctional Police Officer (S9988V), Department of Corrections, eligible list on the basis of an unsatisfactory criminal record.

ACTION: The Civil Service Commission directed that this appeal be granted.

B-11 ASSISTANT FISCAL OFFICER (C0835T), BURLINGTON COUNTY BOARD OF SOCIAL SERVICES – CSC DOCKET NO. 2019-3107

In In the Matter of Assistant Fiscal Officer (C0835T), Burlington County Board of Social Services, (CSC, denied March 9, 2017), the Civil Service Commission (Commission) granted the Burlington County Board of Social Services’ (BCBSS) request for an appointment waiver from the April 15, 2016 certification and ordered that no selection costs would be assessed at the time since there was a possibility that the list could be utilized prior to its expiration. Hover, the BCBSS did not utilize the subject eligible list and the matter of the assessment of costs is now before the Commission.

ACTION: The Civil Service Commission assessed selection costs in the amount of $2,048.

B-12 WENDY QUESNEL – CSC DOCKET NO. 2020-2084

Wendy Quesnel appeals the determination of the Division of Agency Services that the proper classification of her position with the Department of the Treasury is Auditor 3, Taxation. The appellant seeks a Supervising Auditor, Taxation job classification.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-13 DIANA LOGAN – CSC DOCKET NO. 2020-799

Diana Logan appeals the decision of the Division of Agency Services which found that she lacked the required amount of permanent status in the competitive division for the promotional examination for Principal Clerk Typist (PS5264K), Department of Children and Families.

ACTION: The Civil Service Commission directed that this appeal be denied.

VOTE: Deirdrè L. Webster Cobb (Yes)

Dolores Gorczyca (No)

Daniel W. O’Mullan (Yes)

Diomedes Tsitouras (Yes)

B-14 SHERRY MINATEE – CSC DOCKET NO. 2020-1428

Sherry Minatee appeals the determination of the Division of Agency Services which found that she did not meet the experience requirements for the promotional examination for Medical Services Assistant (PS9662H), Department of Health.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-15 JEFF SCHEVLIN – CSC DOCKET NO. 2020-1887

Jeff Schevlin appeals his score on the essay portion of the examination for Sheriff’s Officer Captain (PC2935W), Ocean County.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-16 REGINA ANGELINE – CSC DOCKET NO. 2020-1925

Regina Angeline petitions the Civil Service Commission to allow her to change her work location preference area for Rehabilitation Counselor, Mental Health (S0846V), Statewide.

ACTION: The Civil Service Commission directed that this petition be granted.

B-17 PHILIP KANDL – CSC DOCKET NO. 2019-2669

Philip Kandl appeals the determination of the Division of Agency Services, which found that it did not have a basis to adjust his record to reflect continuous permanent service.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-18 R.R. – CSC DOCKET NO. 2019-3298

R.R., a Building Management Services Specialist 1 with the Department of Law and Public Safety, appeals the determination of the Director, Office of Equal Employment Opportunity and Affirmative Action, Department of Law and Public Safety, 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-19 NINE VARIOUS LISTS, NEWARK – CSC DOCKET NOS. 2019-754, ET AL.

The City of Newark’s failure to dispose of the certifications for Research Aide (M0412U); Supervisor of Data Processing Operations (M0071T); Senior Planner (M0045V); Coordinator of Contractual Operations (M0929U); Administrative Analyst (M0413U); Assistant Public Information Officer (M0453V); Principal Mail Clerk (M0427V); Coordinator of Monitoring and Evaluation (M0262V); and Dental Assistant (M0589V), while provisionals are serving in the titles has been referred to the Civil Service Commission for enforcement.

ACTION: The Civil Service Commission ordered the appointing authority to remove the provisional appointees, make appointments from the certifications, and pay $1,000 in compliance costs for each certification.

VOTE: Deirdrè L. Webster Cobb (Yes)

Dolores Gorczyca (Recuse)

Daniel W. O’Mullan (Yes)

Diomedes Tsitouras (Yes)

B-20 WILLIAM HENDRICKSON, JR. – CSC DOCKET NO. 2019-1725

William Hendrickson, Jr., represented by Arnold S. Cohen, Esq., requests back pay, seniority, benefits and a salary adjustment.

ACTION: The Civil Service Commission directed that this request be granted in part.

VOTE: Deirdrè L. Webster Cobb (Yes)

Dolores Gorczyca (Recuse)

Daniel W. O’Mullan (Yes)

Diomedes Tsitouras (Yes)

B-21 A.G. – CSC DOCKET NO. 2017-822

A.G., a former Municipal Court Administrator with the City of Newark, represented by Lynsey A. Stehling, Esq., appeals her resignation in good standing, effective September 7, 2016.

ACTION: The Civil Service Commission directed that this appeal be denied.

VOTE: Deirdrè L. Webster Cobb (Yes)

Dolores Gorczyca (Recuse)

Daniel W. O’Mullan (Yes)

Diomedes Tsitouras (Yes)

B-22 MARCELLA FRIEDMAN – CSC DOCKET NO. 2018-3696

Marcella Friedman, a Communications Systems Technician 2, Department of Law and Public Safety, Division of State Police, represented by Arnold S. Cohen, Esq., petitions the Civil Service Commission for reconsideration of the initial decision on June 18, 2018, upholding her removal, effective February 17, 2017.

ACTION: The Civil Service Commission directed that this petition be denied.

VOTE: Deirdrè L. Webster Cobb (Yes)

Dolores Gorczyca (Recuse)

Daniel W. O’Mullan (Yes)

Diomedes Tsitouras (Yes)

B-23 E.H. – CSC DOCKET NOS. 2016-4540 AND 2017-1326

E.H., a former Investigator 2 with the Department of Banking and Insurance, appeals the respective determinations of the Assistant Commissioner and Deputy Chief of Staff, which found that the appellant failed to present sufficient evidence to support findings 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 these appeals be denied.

VOTE: Deirdrè L. Webster Cobb (Yes)

Dolores Gorczyca (Recuse)

Daniel W. O’Mullan (Yes)

Diomedes Tsitouras (Yes)

B-24 PROPOSED AMENDMENT TO N.J.A.C. 4A:7-3.1

Submitted for the Commission’s approval is a Notice of Proposal for an amendment to N.J.A.C. 4A:7-3.1(j) regarding confidentiality during the investigative process.

ACTION: The Civil Service Commission approved the proposed amendments for publication in the New Jersey Register for public notice and comment.

B-25 CONSTRUCTION AND MAINTENANCE TECHNICIAN APPRENTICE – CSC DOCKET NO. 2020-576

The Division of Agency Services requests the establishment of a two-year Construction and Maintenance Technician Apprentice title and its allocation to the noncompetitive division of the career service.

ACTION: The Civil Service Commission directed that this request be granted.

VOTE: Deirdrè L. Webster Cobb (Yes)

Dolores Gorczyca (Recuse)

Daniel W. O’Mullan (Yes)

Diomedes Tsitouras (Yes)

B-26 ENGINEERING TECHNICIAN APPRENTICE – CSC DOCKET NO. 2020-575

The Division of Agency Services requests the establishment of a two-year Engineering Technician Apprentice title and its allocation to the noncompetitive division of the career service.

ACTION: The Civil Service Commission directed that this request be granted.

B-27 LANIYA RAGLAND – CSC DOCKET NO. 2020-247

Laniya Ragland appeals the removal of her name from the Correctional Police Officer (S9999U), Department of Corrections, eligible list on the basis of an unsatisfactory driving record.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-28 MELANIE ARMSTRONG, ET AL. - CSC DOCKET NOS. 2020-2149, ET AL.

The Department of Law and Public Safety, on behalf of Melanie Armstrong, Christian Arnold, Christopher Edwards, Carol Henderson, Sharon Joyce, Kavin Mistry, Tracy Thompson and Joy Vitoritt, requests a waiver of repayment of a salary overpayment, pursuant to N.J.S.A. 11A:3-7, which provides that when an employee has erroneously received a salary overpayment, the Civil Service Commission may waive repayment based on a review of the case.

ACTION: The Civil Service Commission directed that these requests be denied.

PUBLIC PORTION

No comments.

There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Thursday, March 12, 2020, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.