Ida L. Castro, Chairwoman
Margaret E.L. Howard
Robert J. Long
A regular meeting of the Merit System Board was held on Wednesday, April
23, 2003, in Trenton, New Jersey.
PRESENT: Chairwoman Ida L. Castro, Merit System Board members,
Margaret E. L. Howard and Robert Long; Barbara Bereski, Deputy Attorney
General; and Henry Maurer, Director, Division of Merit System Practices
and Labor Relations.
In accordance with L.1975, c.231, Chairwoman Ida L. Castro 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, 2003, and posted at the Department of Personnel, 3 Station Plaza, Trenton,
New Jersey.
All actions were by unanimous vote unless otherwise specified.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Marion Cangialosi, Clerk Stenographer, Passaic County Board of
Social Services, suspension.
Pierre Emanuel, Correction Lieutenant, Northern State Prison,
Department of Corrections, suspension.
Mark Loyd, Security Guard, Newark Public School District, suspension.
Janet Martinez, Sheriff's Officer, Sheriff's Office, County of
Middlesex, suspension.
Ronald McClelland, Police Sergeant, Department of Public Safety,
Township of Middlesex, suspension.
Michael Meano, Maintenance Supervisor, North Bergen Utilities
Authority, removal.
Josephina Vidal, Social Case Worker, City of Jersey City, good
faith layoff.
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:
Robin M. Brown, Custodial Worker, Newark School District, suspension.
Patrick Calabro, Boiler Operator, Jersey City School District,
suspension.
Lavelle Davis, Building Maintenance Worker, Newark Housing Authority,
suspension.
Reilly Glasgow, Accounting Assistant, Newark Housing Authority,
removal.
Lana Harrison, Ward Clerk, Runnells Hospital, County of Union,
suspension.
Javier Lester, Communications Operator, Secured Facilities, Adult
Diagnostic and Treatment Center, Department of Corrections, release at
the end of the working test period.
Lauren Schwartz, Family Service Specialist Trainee, Division
of Youth and Family Services, Department of Human Services, release at
the end of the working test period.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
Eric Dare
Township of Monroe
List removal
Josh Hickson
Township of Teaneck
Police Department
Removal
Ned Hicks
Department of Human Services
List bypass
Kisha Hunter
Jersey City School District
Release at the end of the working test period
Yolanda Lucas
Judiciary, Essex Vicinage
Suspension and removal
Craig Weekes
City of Atlantic City
Department of Health and Human Services
Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES
- SETTLMENT
ACTION: The Merit System Board acknowledged the settlements.
A-2 RICHARD BERGEMANN
Richard Bergemann, Judiciary Account Clerk I, Judiciary, Essex Vicinage,
Division of Finance, 15-day suspension on charges of conduct unbecoming
a public employee and insubordination.
Recommendation of the Administrative Law Judge - Uphold the 15-day suspension.
ACTION: The Merit System Board affirmed the recommendation of
the Administrative Law Judge.
A-3 MARTY DIAS
Marty Dias, Police Officer, City of East Orange, Police Department,
six-month suspension on charges of failure to perform duties and neglect
of duty.
Recommendation of the Administrative Law Judge - Modify the six-month
suspension to a four-month suspension.
ACTION: The Merit System Board affirmed the recommendation of
the Administrative Law Judge.
A-4 FREDERICK DUSCHE
Frederick Dusche, Police Officer, Township of West Orange, Police Department,
30-day suspension on the charge of conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Modify the 30-day suspension
to a six-month suspension.
ACTION: The Merit System Board affirmed the recommendation of
the Administrative Law Judge.
A-5 CYNTHIA JOHNSON
Cynthia Johnson, a County Correction Officer, County of Union, Department
of Public Safety, 15-day suspension on charges of incompetency or failure
to perform duties and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the 15-day suspension.
ACTION: The Merit System Board affirmed the recommendation of
the Administrative Law Judge.
A-6 CARL STANFORD (REMAND)
Carl Stanford, Head Cook 1, New Jersey State Prison, Department of Corrections,
indefinite suspension, on charges of actions involving criminal matters
and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Reverse the indefinite
suspension.
ACTION: The Merit System Board reversed the recommendation of
the Administrative Law Judge to uphold the indefinite suspension.
| VOTE: |
Ida
L. Castro |
(Abstained) |
| |
Margaret
E. L. Howard |
(Yes) |
| |
Robert
J. Long |
(Yes) |
A-7 VICTOR GARY
Victor Gary, Senior Juvenile Detention Officer, County of Passaic, Department
of Youth Services, 30-day suspension on charges of conduct unbecoming
an employee and discrimination that affects equal employee opportunities
including, sexual harassment. This matter was previously presented to
the Merit System Board at its meeting of March 26, 2003 but was held over
for a summary of the testimony.
Recommendation of the Administrative Law Judge - Reverse the 30-day
suspension.
ACTION: The Merit System Board reversed the recommendation of
the Administrative Law Judge to uphold the 30-day suspension.
SECTION B - MISCELLANEOUS MATTERS
B-1 VINCENT A. COLWELL
Vincent A. Colwell, represented by Michael L. Prigoff, Esq., appeals
his rejection as a Police Officer candidate by the City of Linden and
its request to remove his name from the eligible list for Police Officer
on the basis of psychological unfitness to perform the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-2 GARY BOHN
Gary Bohn, a Correction Lieutenant at Southern State Correctional Facility,
Department of Corrections, appeals the denial of sick leave injury (SLI)
benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-3 ANNE HENRY
Anne Henry, a Head Nurse at Greystone Park Psychiatric Hospital, Department
of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-4 JAMES H. JONES
James H. Jones, a Senior Correction Officer with East Jersey State Prison,
Department of Corrections (DOC), 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 denied.
B-5 STANLEY MOORE
Stanley Moore, an Employment Counselor with the Department of Labor,
represented by Ken McNamara, Staff Representative, CWA Local 1037, appeals
the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-6 TIMOTHY MORRIS
Timothy Morris, a Senior Correction Officer with East Jersey State Prison,
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 denied.
B-7 LORNA L. SAMUELS
Lorna L. Samuels, a Human Services Assistant at Trenton Psychiatric
Hospital, Department of Human Services, appeals the denial of sick leave
injury (SLI) benefits.
ACTION: The Merit System Board directed that this matter be referred
to the Medical Examiner's Panel.
B-8 FRANK VARGO
Frank Vargo, a Parks Maintenance Specialist 1 with the Department of
Environmental Protection, represented by Thomas C. Jardim, Esq., appeals
the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-9 DIANE WASSON
Diane Wasson, an Investigator 1, Taxation with the Department of the
Treasury, represented by Stuart J. Alterman, Esq., appeals the denial
of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-10 JOSEPH BORRELLI
Joseph H. Borrelli appeals the determination of the Division of Human
Resource Information Services, which upheld the removal of his name from
the Fire Fighter (M2069A), City of New Brunswick eligible list on the
basis that he resided outside the residency scope.
ACTION: The Merit System Board directed that this appeal be denied.
B-11 THOMAS D'ANGELO
Thomas D'Angelo appeals the decision of the appointing authority to
bypass his name on the Senior Sanitary Inspector (PC0781A), Warren County
eligible list.
ACTION: The Merit System Board directed that this matter be held
over.
B-12 DENNIS DELGADO
Dennis Delgado, represented by William B. Hildebrand, Esq., appeals
the decision of Human Resource Information Services, which found that
the appointing authority had presented a sufficient basis to remove the
appellant's name from the eligible list for Police Officer (S9999B), City
of Camden, on the basis of an unsatisfactory criminal record.
ACTION: The Merit System Board directed that this appeal be denied.
B-13 ROBERT GREGORY
Robert Gregory appeals the decision of the Division of Human Resource
Information Services, which upheld the removal of the appellant's name
from the Correction Officer Recruit (S9999D), Department of Corrections,
eligible list due to an unsatisfactory criminal record and for not completing
the pre-employment process.
ACTION: The Merit System Board directed that this appeal be denied.
B-14 DAVID L. JONES
David J. Jones appeals the determination of the Division of Human Resource
Information Services (HRIS) which found that the appointing authority
had presented a sufficient basis to remove the appellant's name from the
Correction Officer Recruit (S9999D), Department of Corrections (DOC) eligible
list on the basis of an unsatisfactory criminal background.
ACTION: The Merit System Board directed that this appeal be granted.
B-15 GEORGE KAPRIELIAN
George Kaprielian appeals the decision of Human Resource Information
Services (HRIS), which removed his name from the Correction Officer Recruit
(S9999B), Department of Corrections (DOC) eligible list, due to the appellant's
failure to complete preemployment processing.
ACTION: The Merit System Board directed that this appeal be granted.
B-16 FADY KHOURY
Fady Khoury, represented by James M. Mets, Esq., appeals the decision
of Human Resource Information Services (HRIS), which upheld the removal
of his name from the eligible list for County Correction Officer (S9999B),
Bergen County, on the basis of an unsatisfactory background report.
ACTION: The Merit System Board directed that this appeal be denied.
B-17 MICHAEL NESTOR
Michael Nestor appeals the decision of Human Resource Information Services,
which upheld the removal of his name from the Correction Officer Recruit
(S9999B), Department of Corrections eligible list due to his failure to
respond to a certification and his failure to complete preemployment processing.
ACTION: The Merit System Board directed that this appeal be granted.
B-18 JACQUELINE E. TYLER
The Atlantic City Housing Authority appeals the decision of Human Resource
Information Services, which restored Jacqueline E. Tyler's name to the
Housing Manager (PM0338D), Atlantic City Housing Authority, eligible list,
for future certifications.
ACTION: The Merit System Board directed that this appeal be denied
and that the appellant's name remain on the subject eligible list.
B-19 CARL WILCOX
Carl Wilcox appeals the decision of Human Resource Information Services,
which upheld the removal of his name from the eligible list for Correction
Officer Recruit (S9999B), Department of Corrections, on the basis of an
unsatisfactory driving record.
ACTION: The Merit System Board directed that this appeal be denied.
B-20 MARTHA HICKS
Martha Hicks, a Senior Correction Officer with the Department of Corrections
(DOC), appeals the determination of the Director, Equal Employment Division,
with the DOC, stating that the appellant failed to present sufficient
evidence to support a finding that she had been subjected to a violation
of the New Jersey State Policy Prohibiting Discrimination, Harassment
or Hostile Environments in the Workplace.
ACTION: The Merit System Board directed that this matter be remanded
to the Department of Corrections for further investigation.
B-21 MATTHEW KNIGHT
Matthew Knight, a Correction Sergeant at Albert C. Wagner Youth Correctional
Facility, Department of Corrections (DOC), appeals the determination of
the Director, Equal Employment Division (EED), with the DOC, stating that
the appellant had failed to present sufficient evidence to support a finding
that he had been subject to a violation of the New Jersey State Policy
Prohibiting Discrimination, Harassment or Hostile Environments in the
Workplace.
ACTION: The Merit System Board granted a hearing.
B-22 ROBERT MITCHELL
Robert Mitchell, a Senior Correction Officer with the Garden State Reception
and Youth Correctional Facility, Department of Corrections (DOC), appeals
the determination of the Director of the Equal Employment Division with
the DOC, stating that the appellant failed to present sufficient evidence
to support a finding that he had been subjected to violations of the New
Jersey State Policy Prohibiting Discrimination, Harassment, or Hostile
Environments in the Workplace.
ACTION: The Merit System Board directed that this appeal be denied.
B-23 GEORGE D. SMITH
George D. Smith, a Trooper with the Division of State Police, Department
of Law and Public Safety, appeals the determination of the Attorney General,
which found 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, Harassment or Hostile
Environments in the workplace.
ACTION: The Merit System Board directed that this appeal be denied.
B-24 AKACHI ADIBEMMA
Akachi Adibemma, a Human Services Technician at Greystone Park Psychiatric
Hospital, Department of Human Services, requests a retroactive date of
appointment and back pay.
ACTION: The Merit System Board granted the request for a retroactive
date of appointment but denied the request for back pay.
B-25 VINCENT UCCI
Vincent Ucci, a Police Lieutenant with the City of Newark, requests
a retroactive date of appointment.
ACTION: The Merit System Board denied the request.
B-26 JUNIOR WATTS
Junior Watts, a Maintenance Repairer, Low Pressure License with the
John L. Montgomery Medical Home, Monmouth County, represented by Queen
E. Payton, Esq., seeks counsel fees pursuant to the Merit System Board
decision rendered on November 21, 2000, which reversed his removal and
awarded him back pay, benefits, seniority and counsel fees.
ACTION: The Merit System Board granted the appellant $4,072.50
in counsel fees and granted him vacation time, sick time and seniority.
B-27 YVETTE GRIMSLEY
Yvette Grimsley, a former Senior Data Entry Machine Operator, with Central
Reception and Assignment Facility, Department of Corrections, Represented
by William L. Kauffman, CWA Staff Representative petitions the Merit System
Board for reconsideration of the final administrative determination, rendered
December 12, 2002, by the Director of Merit System Practices and Labor
Relations, denying her request for a hearing concerning the appeal of
her removal effective July 23, 2002, due to the untimely filing of her
appeal.
ACTION: The Merit System Board denied the request for reconsideration.
B-28 HECTOR LUCIANO
Hector Luciano, represented by Henry J. Cistrelli, Esq., petitions the
Merit System Board for reconsideration of the final administrative decision,
rendered on December 18, 2002, in which the Board denied his appeal for
SLI benefits.
ACTION: The Merit System Board denied the request.
B-29 RAYMOND MITCHELL
Raymond Mitchell, a Building Maintenance Worker/Groundskeeper with the
Glassboro Housing Authority, Represented by Richard A. Dann, President,
CWA Local 1085, requests immediate reinstatement to his position and back
pay.
ACTION: The Merit System Board granted the request.
B-30 JOSEPH SCHARNITZ
Joseph Scharnitz, a County Correction Officer with Mercer County, represented
by Frank M. Crivelli, Esq., requests Merit System Board review of his
alleged demotion to the title of County Correction Officer.
ACTION: The Merit System Board directed that this matter be held
over.
B-31 DORIS WHYTE
Doris Whyte, a Day Care Center Technician with the Department of Human
Services, represented by Bruce M. Gorman, Esq., petitions the Merit System
Board for review of her vacation leave entitlement as a result of the
decisions, dated April 10, 2001 and January 29, 2002, which granted her
sick leave injury (SLI) benefits from June 2, 1999 until March 15, 2000.
ACTION: The Merit System Board directed that this appeal be denied.
B-32 SAMUEL HERNANDEZ
Samuel Hernandez, Senior Correction Officer, East Jersey State Prison,
Department of Corrections, represented by William Toolen, Second Shift
Representative, PBA Local 105, requests Merit System Board review of an
official written reprimand.
ACTION: The Merit System Board directed that this appeal be granted.
B-33 ERIC ANDERSON
Eric Anderson appeals the determination of the Division of Selection
Services, which found that, per the substitution clause for education,
he did not meet the experience requirements for the promotional examination
for Technical Support Specialist 2 (PS2443I), Department of Corrections.
ACTION: The Merit System Board directed that this appeal be denied.
B-34 LUCILLE APONTE AND BONITA CHRISTMAS
Lucille Aponte and Bonita Christmas appeal the determination of the
Division of Selection Services, which found that they did not meet the
experience requirements for the promotional examination for Program Development
Specialist 1 (Youth and Family Services) (PS0940K), Division of Youth
and Family Services.
ACTION: The Merit System Board directed that these appeals be
denied.
B-35 MELINDA ARMENTI
Melinda Armenti 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 Technical Assistant 2, Treasury (PS4728U), Department of the Treasury.
ACTION: The Merit System Board directed that this appeal be denied.
B-36 GERALDINE BOCCANFUSO, ET AL.
Geraldine Boccanfuso, Nancy L. Dobronte, Patrick McGlone, and Evelyn
White appeal the determination of the Division of Selection Services,
which found that, per the substitution clause for education, they did
not meet the experience requirements for the promotional examination for
Program Support Specialist 2 (Assistance Programs) (PS3777K), Division
of Medical Assistance and Health Services.
ACTION: The Merit System Board directed that these appeals be
denied.
B-37 PAUL J. BOLANOWSKI
Paul J. Bolanowski appeals the determination of the Division of Selection
Services, which found that he did not meet the experience requirements
for the promotional examination for Equipment Operator (PC0216D), Hunterdon
County.
ACTION: The Merit System Board directed that this appeal be granted.
B-38 RONALD BRANCH, ET AL.
Ronald Branch, Morgan Durham, and Elsie Walton appeal the determination
of the Division of Selection Services, which found that they were below
the minimum requirements in experience for the open competitive examination
for General Supervisor, Building Service (C0098D), Atlantic County.
ACTION: The Merit System Board directed that these appeals be
granted.
B-39 SHELVIE BRENNAN, ET AL.
Shelvie Brennan, Drewcilla Crutcher, JoAnn Dudley, Peter Esposito, Jr.,
Nancy Herman, Ellen M. Nardiello, June A. Mills and Marie E. Santa, represented
by Colleen B. Reilly, Senior Staff Representative, CWA, Local 1034, appeal
the decisions of the Division of Selection Services that they were ineligible
for the promotional examination for Senior Building Maintenance Worker
(PC1193D), County of Ocean on the basis that they were not permanent in
the title of Building Maintenance Worker.
ACTION: The Merit System Board directed that these appeals be
granted.
B-40 LISA BROMILEY
Lisa Bromiley 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 Senior Training Technician (PS3237K), New Lisbon Developmental Center.
ACTION: The Merit System board directed that this appeal be granted.
B-41 GREGORY CARR
Gregory Carr appeals the determination of the Division of Selection
Services, which found that he was below the minimum requirements in experience
for the promotional examination for Plumber (PC1015C), Cape May County.
ACTION: The Merit System Board directed that this appeal be denied.
B-42 BEVAN CARRUTHERS
Bevan Carruthers 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 Affirmative Action Officer 3
(S0024D), Mr. Carruthers also 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 Affirmative Action
Specialist.
ACTION: The Merit System Board directed that these appeals be
denied.
B-43 JAMES CASEY
James Casey appeals the determination of the Division of Selection Services,
which found that he did not meet the license or registration requirements
for the open competitive examination for Supervisor, Roads (M0240D), Lakewood
Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-44 ALAN R. COOPER
Alan R. Cooper appeals the determination of the Division of Selection
Services, which found that, per the substitution clause for education,
he was below the minimum requirements in experience for the promotional
examination for Buyer (PS2162T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be granted.
B-45 DANNY FERRELL
Danny Ferrell appeals the determination of the Division of Selection
Services, which found that, per the substitution clause for education,
he did not meet the experience requirements for the promotional examination
for Senior Training Technician (PS3237K), New Lisbon Developmental Center.
ACTION: The Merit System Board directed that this appeal be denied.
B-46 TOYA R. GEESTON
Toya R. Geeston appeals the determination of the Division of Selection
Services, which found that she was below the minimum requirements in experience
for the examination for Project Director, Nutrition Program (C6404C),
Middlesex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-47 GEORGE GIBSON
George Gibson 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 Administrator, Cultural and Heritage
Affairs, (M6439C), City of Trenton.
ACTION: The Merit System Board directed that this appeal be denied.
B-48 JANET GILLIAM ET AL.
Janet Gilliam appeals the determination of the Division of Selection
Services, which found that she did not meet the education and experience
requirements for the promotional examination for Manager 3, Human Resources
(PS3599K), Department of Human Services. Pheobe Page-Aski and Eileen Costello
appeal the determination of the Division of Selection Services, which
found that they did not meet the experience requirements for the promotional
examination for Manager 3, Human Resources (PS3599K), Department of Human
Services.
ACTION: The Merit System Board directed that these appeals be
denied.
B-49 THOMAS HAMILTON AND ROBERT SHAMROCK
Thomas Hamilton (PM2527D), Jersey City and Robert Shamrock (PM2532D),
Long Branch appeal the determination of the Division of Selection Services,
which found them ineligible for the promotional examination for Police
Sergeant (various jurisdictions).
ACTION: The Merit System Board directed that this matter be held
over.
B-50 MICHELE JENKINS, ET AL.
Michele Jenkins, Chevalle Jones, and Tracy Walker appeal the determination
of the Division of Selection Services, which found that they did not meet
the experience requirements for the open competitive examination for Affirmative
Action Specialist 2 (S0025D).
ACTION: The Merit System Board directed that these appeals be
denied.
B-51 JACQUELINE JENNINGS
Jacqueline Jennings appeals the determination of the Division of Selection
Services, which found that she did not meet the experience requirements
for the promotional examination for Training Technician (PC0956C), Middlesex
County.
ACTION: The Merit System Board directed that this appeal be denied.
B-52 BRIAN LOGAN, ET AL.
Brian Logan (PM2527D), Jersey City; Paul Loeffland (PM2535D), Middle
Township; Mark DeLitta, represented by Patrick Toscano, Esq., and Michael
O'Halloran (PM2539D), Nutley; Thomas Melvin and William Croonquist (PM2552D),
Teaneck; and Andrew Hawkins (PM2556D), Willingboro appeal the determination
of the Division of Selection Services, which found them ineligible for
the promotional examination for Police Sergeant (various jurisdictions).
ACTION: The Merit System Board directed that these appeals be
denied.
B-53 ERNEST NOSEDA
Ernest Noseda 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 Head Cook 2 (S0020D). Mr. Noseda
also 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 Food Service Supervisor 4 (S0019D).
ACTION: The Merit System Board directed that these appeals be
denied.
B-54 FRANK PAPA
Frank Papa appeals the determination of the Division of Selection Services,
which found that, per the substitution clause for education, he did not
meet the experience requirements for the promotional examination for Supervising
Program Development Specialist (Corrections) (PS4971I), Department of
Corrections.
ACTION: The Merit System Board directed that this appeal be denied.
B-55 RUTH A. PATTERSON
Ruth A. Patterson 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 open-competitive
examination for Program Monitor (C6601D), County of Passaic.
ACTION: The Merit System Board directed that this appeal be denied.
B-56 LAWRENCE RAUCH
The appointing authority, on behalf of Lawrence Rauch, 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 the
title of Coordinator of Safety Programs (C6390C), Bergen County.
ACTION: The Merit System Board directed that this appeal be granted.
B-57 ROSEANNA RICHARDSON
Roseanna Richardson appeals the determination of the Division of Selection
Services, which found that, per the substitution clause for education,
she did not meet the experience requirement for the promotional examination
for Senior Vocational Counselor, Corrections (PS2840P), Juvenile Justice
Commission.
ACTION: The Merit System Board directed that this appeal be granted.
B-58 MYLES S. SEMPLE
Myles S. Semple 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 Principal Engineer, (M6713C),
City of Trenton.
ACTION: The Merit System Board directed that this appeal be granted.
B-59 ROBERT SIEG
Robert Sieg appeals the determination of the Division of Selection Services,
which found that he did not meet the experience requirements for Communications
Operator (S0051D), State of New Jersey.
ACTION: The Merit System Board directed that this appeal be denied.
B-60 EILEEN TOOTHMAN
Eileen Toothman 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 promotional
examination for Administrative Assistant 3 (PS553U), Office of Information
Technology.
ACTION: The Merit System Board directed that this appeal be granted.
B-61 ANTHONY UDECHUKWU
Anthony Udechukwu appeals the determination of the Division of Selection
Services, which found that he did not meet the experience requirements
for the promotional examination for Administrative Analyst 2 (Data Processing)
(PS1388R), Board of Public Utilities.
ACTION: The Merit System Board directed that this appeal be denied.
B-62 JANET WATSON
Janet Watson appeals the determination of the Division of Selection
Services which found that she did not meet the experience requirements
for the promotional examination for Therapy Program Assistant (PS4186K),
Ancora Psychiatric Hospital.
ACTION: The Merit System Board directed that this appeal be denied.
B-63 EVELYN WHITE
Evelyn White 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 Program Development Specialist 1 (Medical Assistance) (PS0985K), Division
of Medical Assistance and Health Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-64 GWENDOLYN ARMSTRONG
Gwendolyn Armstrong appeals her score for the oral portion of the lateral
qualifying examination for Supervising Family Service Specialist 2 (S0490A),
Division of Youth and Family Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-65 EFRAIN COSME
Efrain Cosme appeals his score for the oral portion of the lateral qualifying
examination for Supervising Family Service Specialist 2 (S0490A), Division
of Youth and Family Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-66 MARYANN DANDREA AND VIRGINIA HORTON
Maryann Dandrea and Virginia Horton appeal their scores on the promotional
examination for Secretarial Assistant 3 (Non-Stenographic) (PS2218K),
Vineland Developmental Center.
ACTION: The Merit System Board directed that these appeals be
denied.
B-67 GLORIA GLENN
Gloria Glenn appeals her score for the oral portion of the lateral qualifying
examination for Supervising Family Service Specialist 2 (S0490A), Division
of Youth and Family Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-68 AYMAN A. KANDIL
Ayman A. Kandil appeals his score on the promotional examination for
Principal Community Program Specialist (PS1275K), Department of Human
Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-69 JENNY KLINEBURGER
Jenny Klineburger appeals her score for the oral portion of the lateral
qualifying examination for Supervising Family Service Specialist 2 (S0490A),
Division of Youth and Family Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-70 ANDREA MOODY
Andrea Moody appeals her score for the oral portion of the lateral qualifying
examination for Supervising Family Service Specialist 2 (S0490A), Division
of Youth and Family Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-71 LESTER OHLER
Lester Ohler appeals his score on the promotional examination for Auditor
1 (PS4080F), Department of Education.
ACTION: The Merit System Board directed that this appeal be denied.
B-72 BARBARA SMOLARCZYK
Barbara Smolarczyk appeals her score on the open competitive examination
for Social Worker 2 (S0004D) Statewide.
ACTION: The Merit System Board directed that this appeal be denied.
B-73 RANDY YELTON
Randy Yelton appeals his score for the oral portion of the lateral qualifying
examination for Supervising Family Service Specialist 2 (S0490A), Division
of Youth and Family Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-74 TODD MITCHELL, ASA PARIS AND GARY VICTOR
Todd Mitchell (PX2599C), Passaic County; Asa Paris and Gary Victor (PC3002C),
Mercer County appeal the written examination for County Correction Sergeant
(various jurisdictions).
ACTION: The Merit System Board directed that these appeals be
granted in part and denied in part.
B-75 PATRICIA ANDREACCI
The Director, Division of Human Resource Management, on behalf of the
Department of the Treasury, requests that Patricia Andreacci's out-of-title
work experience be accepted to qualify her for the promotional examination
for the title of Technical Assistant 2, Treasury (PS4782U), Department
of the Treasury.
ACTION: The Merit System Board granted the request.
B-76 DIANE MERSON
The Director, Division of Human Resource Management, on behalf of the
City of Sea Isle City, requests that Diane Merson's out-of-title work
experience be accepted to qualify her for a prospective promotional examination
for the title Tourism Representative.
ACTION: The Merit System Board granted the request.
B-77 SUSAN SCHMID
The Director, Division of Human Resource Management, on behalf of the
City of Ocean City, requests that Susan Schmid's out-of-title work experience
be accepted to qualify her for a prospective promotional examination for
the title of Supervising Cashier.
ACTION: The Merit System Board granted the request.
B-78 MICHAEL AJAYI
Michael Ajayi appeals the determination of the Division of Selection
Services denying his request for a make-up for the open competitive examination
for Employment Specialist (C0109D), Essex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-79 MANSINH CHAUDHARI
Mansinh Chaudhari petitions the Merit System Board for reconsideration
of its decision rendered on October 9, 2002, in which the Board denied
his request for a make-up for the promotional examination for Senior Engineer
Materials (PS3650T), Department of Transportation.
ACTION: The Merit System Board granted the request.
B-80 NICHOLAS INACANNELLA, ET AL.
Nicholas Inacannella (PC2512D), Union County; Angel Concepcion (PM2520D),
East Orange; Jeff Welsh (PM2524D), Fair Lawn; Glenn Critelli, Abad Perez
and Frank Scarpa (PM2527D), Jersey City; and Adam Pharo (PM2534D), Manasquan;
appeal the Determination of the Division of Selection Services, which
denied their requests for a make-up examination for County Police Sergeant
and Police Sergeant (various jurisdictions).
ACTION: The Merit System Board directed that this matter be held
over.
B-81 RAYMOND LATTANZIO, ET AL.
Raymond Lattanzio (PM2517D), Camden; Joseph Zemzicki, represented by
Yasmyne Laverty, Esq., (PM2519D), Clifton; William Cotton (PM2520D), East
Orange; Timothy Crowley and Juan Romaniello, represented by Peter Varsalona,
Esq., Nelson Rivera, Represented by Daniel Welsh, Esq., and James Cowan,
represented by Arnold Lakind, Esq. (PM2527D), Jersey City; appeal the
determination of the Division of Selection Services, which denied their
requests for a make-up examination for Police Sergeant (various jurisdictions).
ACTION: The Merit System Board directed that this matter be held
over.
B-82 STEPHEN AUGUSTINE
Stephen Augustine petitions the Merit System Board for reconsideration
of the decision rendered on January 29, 2002 which denied his appeal regarding
the administration of the written portion of the open-competitive examination
for Fire Fighter (M9999A).
ACTION: The Merit System Board denied the request.
B-83 HARRY FEARON
Harry Fearon requests reconsideration of the final administrative determination
in In the Matter of Harry Fearon, Fire Captain (PM3623A), Kearny (Merit
System Board, decided May 15, 2002) which denied his appeal regarding
his score on the oral portion of the examination.
ACTION: The Merit System Board denied the request.
B-84 SCOTT STREETER, ET AL.
Scott Streeter, Octavio Angelozzi, John DeLuisi, and Javier Rodriguez,
represented by Sanford R. Oxfeld, Esq., request clarification of the Merit
System Board decision rendered September 3, 1997, which granted them retroactive
permanent appointment dates to the title of Firefighter effective August
1, 1994.
ACTION: The Merit System Board directed that these appeals be
denied.
B-85 MICHAEL CARBONELLI
Michael Carbonelli, represented by Gregory A. Busch, Esq., appeals the
administration and certification process for Police Sergeant and requests
revival of the Police Sergeant (PM3776V), Paterson, eligible list to effect
his appointment.
ACTION: The Merit System Board directed that this matter be held
over.
B-86 CHRISTOPHER BURNETT, ET AL.
Christopher Burnett, Todd Evans and Kathleen Kirvan appeal the correct
responses to questions on the promotional examination for Fire Lieutenant
(PM2614D), Mount Laurel Township.
ACTION: The Merit System Board directed that these appeals be
denied.
B-87 PROPOSAL REGARDING PROPOSED REACSCTION: N.J.A.C. 4A:4, SELECTION
AND APPOINTMENT
It is recommended that the proposal regarding readoption of N.J.A.C.
4A:4, Selection and Appointment be approved for publication in the New
Jersey Register.
ACTION: The Merit System Board approved the proposal for publication.
B-88 EARLY SETTLEMENTS
Rhoderick Love
Ancora Psychiatric Hospital
Department of Human Services
Suspension
Raymond Neate
Woodbine Developmental Center
Department of Human Services
Removals (2)
Eric Reaves
Albert C. Wagner Correctional Facility
Department of Corrections
Removal
Robin Scott
Atlantic County
Department of Public Works
Suspension
Jorge M. Strang
County of Cumberland
Department of Corrections
Removals (2)
ACTION: The Merit System Board acknowledged the settlements.
B-89 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of April 9, 2003 are
submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting
of April 9, 2003.
B-90 RAYMOND CIANFRANI, JR., AND RUBEN PEREZ
The Superior Court, Appellate Division has reversed and remanded the
July 11, 2000 Merit System Board decision which determined that Raymond
J. Cianfrani, Jr., and Ruben Perez did not meet the experience requirements
for the promotional examination for General Supervisor Public Works (PM0698A),
City of Camden.
ACTION: The Merit System Board directed that this appeal be granted
and the General Supervisor Public Works (PM0698A), City of Camden list
be revived and certified to the appointing authority.
B-91 ANTHONY T. FALCONIERO AND JAMES P. FALCONIERO
The Superior Court, Appellate Division, has reversed and remanded the
August 8, 2000 decision of the Merit System Board which denied the appeals
of Anthony T. Falconiero and James P. Falconiero challenging the scoring
of their promotional examinations for Public Works Superintendent (PM0731A),
City of Camden.
ACTION: The Merit System Board directed that the Public Works
Superintendent (PM0731A), City of Camden, eligible list be voided and
that an assembled examination be administered to all eligibles.
B-92 WILLIAM A. BAILEY
William A. Bailey appeals the determination of the Division of Selection
Services, which found that he was below the minimum requirements in experience
for the open competitive examination for Assistant Supervisor, Sewers/Assistant
Supervisor, Water (PM1116D), Township of Aberdeen.
ACTION: The Merit System Board directed that this appeal be denied.
B-93 CORRECTION SERGEANT
Dennis Salamandra, Director, Office of Human Resources, Department of
Corrections, requests that Performance Assessment Review (PAR) ratings
not be utilized as part of the selection process for the Correction Sergeant
(PS5613I) promotional examination.
ACTION: The Merit System Board granted the request.
There being no further business before the Merit System Board, the meeting
was adjourned to convene on Wednesday, May 7, 2003, at 10:00 a.m., at
3 Station Plaza, Trenton, New Jersey.
__________________________________
IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD
