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Hope L. Cooper, Chairperson
Flavella Branham
John Currie
Margaret E.L. Howard
A regular meeting of the Civil Service Commission was held on Wednesday, March 11, 2009, in Trenton, New Jersey.
PRESENT: Hope L. Cooper, Chairperson; Members Flavella Branham, John Currie and Margaret E. L. Howard; Pamela Ullman, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, Hope L. Cooper, Chairperson, 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 17, 2008, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified.
SECTION A - HEARING MATTERS
A-1 SETTLEMENT
In the Matter of Jennifer Andrews
Woodbine Developmental Center
Department of Human Services
Removal
In the Matter of Elaine Garcia
Atlantic County
Department of Human Services
Suspension
In the Matter of Justine S. Hammock
Juvenile Justice Commission
Department of Law and Public Safety
Removal
In the Matter of Alan Knight
City of Newark
Police Department
Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 MICHAEL CIRASELLA
Michael Cirasella, Police Officer, City of Newark, Police Department, 11-working day suspension on the charge of insubordination.
Recommendation of the Administrative Law Judge - Modify the 11-working day suspension to a five-working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-3 GARY DEMARZO
Gary DeMarzo, Police Officer, City of Wildwood, Department of Public Safety, 60-working day suspension on charges of conduct unbecoming a public employee, neglect of duty, failure to perform duty, and violation of rules regarding obedience to laws and regulations, false and inaccurate reports, conduct toward the public, judgment during arrest and reporting incidents.
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.
A-4 SHANTEL ECHEVARRIA
Shantel Echevarria, County Correction Officer, Burlington County, County Jail, 10-working day and 60-working day suspensions on charges of violating the County's Attendance Verification Policy.
Recommendation of the Administrative Law Judge - Uphold the 10-working day suspension and modify 60-working day suspension to a 10-working day suspension.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to reverse the 10-working day suspension. The Civil Service Commission affirmed the recommendation of the Administrative Law Judge to modify the 60-working day suspension to a 10-working day suspension.
A-5 WILLIAM T. SIMISAK
William T. Simisak, Assistant Personnel Director, Mercer County, County Executive Department, resignation not in good standing effective October 30, 2007, on the charge of failure to return to duty for five or more consecutive business days following an approved leave of absence.
Recommendation of the Administrative Law Judge - Uphold the resignation not in good standing.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-6 DANNY GLENN
Danny Glenn, Public Works Inspector, Township of Irvington, Housing Services Department, removal effective July 24, 2006, on charges of incompetency, inefficiency, 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.
VOTE: Hope L. Cooper (Yes)
Flavella Branham (Abstained)
John Currie (Yes)
Margaret E. L. Howard (Yes)
A-7 HARRY KEAT
Harry Keat, Institutional Trade Instructor 2, Edna Mahan Correctional Facility for Women, Department of Corrections, removal effective January 25, 2008 on the charge of unsatisfactory attendance.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-8 YAKIMA MONTGOMERY
Yakima Montgomery, Senior Food Service Handler, North Jersey Developmental Center, Department of Human Services, removal effective October 6, 2007, on the charge of abandonment of job.
Recommendation of the Administrative Law Judge - Modify the removal to a resignation not in good standing.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
SECTION B - MISCELLANEOUS MATTERS.
B-1 CAZZIE L. BRISTER
Cazzie L. Brister, represented by David Honness, Esq., appeals his rejection as a Fire Fighter candidate by Plainfield and its request to remove his name from the eligible list for Fire Fighter (M2294E) 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-2 JOSEPH BUNDY
Joseph Bundy, a Correction Sergeant with the New Jersey State Prison, Department of Corrections, represented by Frank M. Crivelli, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-3 ALBERT CASPER
Albert Casper, a Senior Correction Officer with South Woods State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-4 THOMAS FRANTA
Thomas Franta, a Hearing Officer 4 (State Parole Board) with the New Jersey State Parole Board, represented by Michael D. Kirby, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-5 SANDRA HICKMAN
Sandra Hickman, a Family Service Specialist 2 with the Department of Children and Families, represented by David A. Gies, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-6 DARLENE MUSTO
Darlene Musto, a Senior Correction Officer with Albert C. Wagner Youth Correctional Facility, Department of Corrections, represented by Steven M. Edelstein, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-7 SONYA ROGERS
Sonya Rogers, a Senior Therapy Program Assistant at Ancora Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-8 JOSEPH ACKERMAN
Joseph Ackerman appeals the determination of the Division of Local Human Resource Management which found that the appointing authority had presented a sufficient basis to remove his name from the open competitive list for County Correction Officer (S9999H), Camden County, based on his failure to complete preemployment processing.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-9 ARMANDO ACOSTA
The Town of West New York requests that the eligible list for Truck Driver (PM0252F) be revived in order to effectuate the permanent appointment of Armando Acosta.
ACTION: The Civil Service Commission granted the request.
B-10 RASHIDA BROWN
Rashida Brown appeals the removal of her name from the eligible list for Correction Officer Recruit (S9999H), Department of Corrections, on the basis that she lacked the required education.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-11 THOMAS DIORIO
Thomas DiOrio appeals the determination of the Division of Local Human Resource Management which found that the appointing authority had presented a sufficient basis to remove his name from the open competitive list for County Correction Officer (S9999H), Camden County, based on his unsatisfactory employment record.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-12 LIZETTE IRIZARRY
Lizette Irizarry, represented by Nora R. Locke, Esq., appeals the determination of the Division of Local Human Resource Management, which found that the removal of her name from the County Correction Sergeant (PC2629D), Hudson County, eligible list based on an unsatisfactory employment record was moot.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-13 HECTOR SANTIAGO AND DOROTHY ABERNATHY-GREEN
The Jersey City School District requests that the eligible lists for Security Guard (M5472T) and (M0651U) be revived in order to effectuate the permanent appointments of Hector Santiago and Dorothy Abernathy-Green.
ACTION: The Civil Service Commission granted the requests.
B-14 ROSEMARIE TUCK
Rosemarie Tuck appeals the decision of the Division of Local Human Resource Management, which removed the appellant's name from the Security Guard (M1755J), Plainfield Housing Authority, employment list due to the appellant's failure to respond to the Certification Notice.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-15 SOCIAL WORK SUPERVISOR (PC0752H), MONMOUTH COUNTY
Monmouth County requests that the disposition due date for the October 23, 2008 certification (Certification Number PL081634) of the Social Work Supervisor (PC0752H), Monmouth County, eligible list be extended until May 22, 2009.
ACTION: The Civil Service Commission granted the request in part.
B-16 EILEEN ANTOLINO
Eileen Antolino, an Agricultural Resource Specialist 1 with the Department of Agriculture, appeals the determination of the former Secretary of Agriculture, stating that the appellant had failed to present sufficient evidence to support a finding that she had been subject to violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-17 LAWRENCE BROWN
Lawrence Brown, a former Auditor 2 with the Department of Labor and Workforce Development (DLWD), appeals the determination of the Commissioner of the DLWD 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 in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-18 AYMAN A. IBRAHIM
Ayman A. Ibrahim, an Assistant Engineer, Mechanical with the Department of Transportation, appeals the determination of the Executive Director of the Division of Civil Rights and Affirmative Action, which found that the appellant failed 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 Civil Service Commission directed that this appeal be denied.
B-19 JULIE MCNALLY
Julie McNally, a former Truck Driver, Single Axle with the Department of Transportation (DOT), represented by Joseph J. Bell, Esq., appeals the determination of the Executive Director of the Division of Civil Rights and Affirmative Action with the DOT, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-20 LOU JACOBY
Lou Jacoby appeals the decision of the Division of State Human Resource Management that the proper classification of his position is Geographic Information Systems Specialist 1. The appellant seeks a Data Processing Analyst 1 classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-21 DALJIT SINGH
Daljit Singh appeals the decision of the Division of Classification and Compensation that her position is appropriately assigned to the Judiciary Support Staff Band. The appellant seeks placement of her position in the Administrative Professional Band.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-22 CHRISTINE VOILAS
Christine Voilas, a permanent Senior Management Assistant in the Department of Health and Senior Services, appeals the decision of the Division of State Human Resource Management that her position is properly classified as Administrative Assistant 2. The appellant seeks an Executive Assistant 4 classification in this proceeding.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-23 BRUCE CORNISH
Bruce Cornish, a Police Officer with Millville, represented by Robert F. O'Brien, Esq., requests back pay for the period of his immediate suspension, August 24, 2005 to November 14, 2006.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-24 ANTHONY HUNTER
Anthony Hunter, a County Correction Officer with Hudson County, represented by Robert A. Fagella, Esq., petitions the Civil Service Commission for interim relief of his indefinite suspension, commencing on May 3, 2007, pending the disposition of criminal charges.
ACTION: The Civil Service Commission denied the request for interim relief but granted the appellant back pay, benefits and seniority from October 27, 2007 through January 5, 2009.
B-25 ROBIN DELPECHE
Robin Delpeche petitions the Civil Service Commission for reconsideration of the decision rendered on December 17, 2008, in which her request for admittance to the examination for Accountant 2 (PS7013K), Department of Children and Families was denied.
ACTION: The Civil Service denied the request for reconsideration.
B-26 CHARISSE PATTERSON
Charisse Patterson, a former Human Services Assistant at the New Lisbon Developmental Center, Department of Human Services, petitions the Civil Service Commission for reconsideration of the final administrative decision, rendered on February 11, 2008, in which the Director of the Division of Merit System Practices and Labor Relations, Department of Personnel, denied her request for a hearing with respect to her removal.
ACTION: The Civil Service Commission denied the request for reconsideration.
B-27 LUIS SANTIAGO (ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST)
Administrative Law Judge W. Todd Miller issued an order on February 3, 2009, which consolidated the matter and found that the Public Employment Relations Commission (PERC) had the predominant interest. Based on this determination, the Civil Service Commission and PERC developed a joint order adopting the ALJ's order regarding the consolidation and finding of predominant interest over issues regarding the unfair practice charge and after making a determination on that issue, PERC would transmit the matter to the Civil Service Commission to determine whether the discipline was warranted. This joint order is now submitted to the Commission for consideration and approval.
ACTION: The Civil Service Commission adopted the joint order.
B-28 JOSEPH RIGANO
Joseph Rigano, represented by Lynsey Johnson, Esq., petitions the Civil Service Commission for reconsideration of the decision rendered on September 24, 2008 which denied Mr. Rigano's appeal regarding the administration of the written teamwork portion of the open competitive examination for Fire Fighter (M9999H).
ACTION: The Civil Service Commission denied the request for reconsideration.
B-29 CRAIG JASPERSE
The appeal of Craig Jasperse, a Residential Services Worker with the Woodbine Developmental Center, Department of Human Services, of his three removals effective October 4, 2007, on charges, was heard by Administrative Law Judge Edgar R. Homes (ALJ), who rendered his initial decision on January 20, 2009. At its meeting on February 25, 2009, the Civil Service Commission adopted the ALJ's recommendation to uphold the removals. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-30 JOHN LENHARDT
The appeal of John Lenhardt, a Fire Captain with Hamilton Township Fire District No. 2, of his 45-day suspension on charges, was heard by Administrative Law Judge Joseph F. Martone (ALJ), who rendered his initial decision on December 1, 2008. At its meeting on February 11, 2009, the Civil Service Commission did not adopt the ALJ's recommendation to modify the 45-day suspension to a 30-day suspension. Rather, the Commission upheld the 45-day suspension. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-31 JEANETTE RAMOS
The appeal of Jeanette Ramos, a Personnel Assistant 3 with the Office of the Public Defender, of her five-day suspension, demotion to the title of Personnel Assistant 4, effective November 5, 2005, and reassignment, on charges was heard by Administrative Law Judge Ana C. Viscomi (ALJ), who rendered her initial decision on November 24, 2008. At its meeting on February 11, 2009 the Civil Service Commission did not adopt the ALJ's recommendation to modify the five-day suspension and demotion to a 60-day suspension, reinstatement to the position of Personnel Assistant 3 and mandatory retraining. Rather, the Commission upheld the five-day suspension and the demotion. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-32 TYREESE WICKER
The appeals of Tyreese Wicker, a Senior Building Maintenance Worker with Greystone Park Psychiatric Hospital, Department of Human Services, of his two 20-day suspensions, on charges, and his removal, effective October 4, 2007, on charges, was heard by Administrative Law Judge Sandra Ann Robinson (ALJ), who rendered her initial decision on December 5, 2008. At its meeting on February 25, 2009, the Civil Service Commission did not adopt the ALJ's recommendation to modify the penalties to a six-month suspension. Rather, the Commission upheld the two 20-day suspensions and removal. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-33 SALVATORE ABATE, ET AL.
Salvatore Abate, Kenneth Di Chino, Terrence McManus and Omri Millul appeal the determinations of the Division of Selection Services that they failed to meet the experience requirements for the open competitive examination for Fire Instructor (C0747K), Cumberland County.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-34 JILL ASPINWALL
Jill Aspinwall appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Supervising Environmental Specialist Coastal Resources (PS0310G), Department of Environmental Protection.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-35 REVA BETHEA
Reva Bethea appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Accountant 2 (PS8718K), Department of Human Services.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-36 DARRELL BOOKER AND JOHN GINDHART
Darrell Booker and John Gindhart appeal the decisions of the Division of Selection Services that found that Mr. Booker was below the experience requirements, and Mr. Gindhart was below the experience requirements per the substitution clause for education, for the promotional examination for Administrative Analyst 2 Data Processing (PS8532H), Department of Health and Senior Services.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-37 MARY BRAGHELLI
Mary Braghelli appeals the determination of the Division of Selection Services that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Program Technician (PS7421P), Department of Law and Public Safety.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-38 ROBERT CASHIOLI
Robert Cashioli 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 Zoning Officer (M6230J), Wildwood Crest.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-39 MATTHEW COLEMAN
Matthew Coleman appeals the decision of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for County Park Manager (PC0765K), Monmouth County.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-40 RAUL DEHOGUES
Raul Dehogues appeals the decision of the Division of Selection Services that found that, per the substitution clause for education, he was below the experience requirements for the promotional examination for Administrative Analyst 2 Data Processing (PS6826T), Motor Vehicle Commission.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-41 KATHERINE DIDONATO
Katherine DiDonato appeals the determination of the Division of Selection Services which found that she did not meet the minimum requirements in experience for the open competitive examination for Senior Clinical Psychologist (C6272J), Bergen County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-42 PETER HAND
Peter Hand appeals the determination of the Division of Selection Services which found that he did not meet the minimum requirements in experience for the open competitive examination for Sewage Plant Operator (C01330K), Hudson County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-43 MICHELLE JONES
Michelle Jones appeals the determination of the Division of Selection Services that found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Administrative Analyst 4 (PS7456T), Department of Transportation.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-44 REBECCA JONES
Rebecca Jones appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Management Improvement Specialist 1 (PS4998G), Department of Environmental Protection.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-45 RAYMOND KAUFFMAN
Raymond Kauffman appeals the determinations 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 examinations for Management and Operations Analyst 1 (PS3694T) and (PS7750T), Department of Transportation.
ACTION: The Civil Service Commission directed that these appeals be denied and the appellant's provisional position undergo a classification review.
B-46 LINDA LONGO
Linda Longo appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Supervising Administrative Analyst (PS9553K), Department of Children and Families.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-47 ANDRES MARTINEZ
Andres Martinez appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the open competitive examination for Information Systems Technician 1 (S01808K), Statewide.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-48 DOMINICK PORROVECCHIO
Dominick Porrovecchio appeals the correct response to a question on the Management Test Battery which was used for the promotional examination for Hearing Officer 4 State Parole Board (PS8888I).
ACTION: The Civil Service Commission directed that this appeal be denied.
B-49 CHRISTOPHER MEGNA
Christopher Megna appeals the determination of the Division of Selection Services which found him ineligible for the promotional examination for Sheriff's Officer Sergeant (PC2655J), Essex County, due to his failure to submit a valid application processing fee.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-50 MICHAEL PURDY
Michael Purdy petitions the Civil Service Commission to allow him to file an untimely application for the promotional examination for Dispatcher Repairer (PS8843K), Department of Children and Families.
ACTION: The Civil Service Commission denied the request.
B-51 ANTHONY MORAN AND ANTHONY HALE
Anthony Moran and Anthony Hale appeal the test administrative for the written portion of the examination for Fire Captain (PM3571J), Trenton and (PM3564J), East Orange, respectively.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-52 MARCUS POWELL
Marcus Powell appeals the administration of the promotional examination for Hearing Officer 1, State Parole Board (PS8885I).
ACTION: The Civil Service Commission directed that this appeal be denied.
B-53 MICHELLE AGOSTA, ET AL.
Michelle Agosta, Christine Belss, Anna Delaney, Kimberly Gorel, Allison Lane and Kristen Ruskie appeal the scoring of the open competitive examination for Forensic Scientist 1, Department of Law and Public Safety (S6937J).
ACTION: The Civil Service Commission directed that these appeals be denied.
B-54 ANTHONY CANGLIN AND JOHN MORO
Anthony Canglin and John Moro appeal their scores for the promotional examination for Industrial Manager 1, State Use Industries (PS9944I), South Woods State Prison.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-55 ROBERT KENNY AND HAFFIZ MOHAMED
Robert Kenny and Haffiz Mohamed appeal their scores for the promotional examination for Maintenance Supervisor (PM0787K), Jersey City School District.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-56 MARIA PINHO
Maria Pinho appeals the determination of the Division of Selection Services denying her request to review the promotional examination she took for Assistant Chief of Operations, Treasury (PS7779U).
ACTION: The Civil Service Commission directed that this appeal be denied.
B-57 DANIEL WANAT
The Township of Hillside requests relaxation of N.J.A.C. 4A:4-7.1A(c) so as to permit the intergovernmental transfer of Daniel Wanat from the title of Sheriff's Officer, Union County Sheriff's Office to the title of Police Officer Hillside.
ACTION: The Civil Service Commission granted the request.
B-58 INTERGOVERNMENTAL TRANSFER PROGRAM
The Edison/Metuchen Chapter of the National Association for the Advancement of Colored People (NAACP), represented by Reginald Johnson, President, requests that N.J.A.C. 4A:4-7.1A(b) be relaxed for five years to permit African American Police Officers to transfer to suburban Police Departments without requiring the consent of the sending jurisdiction.
ACTION: The Civil Service Commission denied the request.
B-59 CIVIL SERVICE COMMISSION MINUTES
The Civil Service Commission minutes of its meeting of February 25, 2009 are submitted for adoption.
ACTION: The Civil Service Commission adopted the minutes of its meeting of February 25, 2009.
B-60 HONEY MEERZON
Honey Meerzon, an Auditor 3, Taxation, with the Department of the Treasury, represented by Gregory S. Schaer, Esq., appeals the denial of sick leave injury (SLI) benefits. Ms. Meerzon also appeals the determination of the Equal Employment Opportunity/Affirmative Action (EEO/AA) Office, Treasury, 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 Civil Service Commission directed that these appeals be denied.
B-61 KATHLEEN GRAY
Kathleen Gray appeals the decision of the Division of State Human Resource Management that the proper classification of her position is Customer Service Information Specialist 2. The appellant seeks a Child Support and Paternity Specialist 2 classification. Ms. Gray also appeals the determination of the Division of Selection Services that, as per the substitution clause for education, she was below the minimum requirements in experience for the promotional examinations for Child Support and Paternity Specialist 2 (PS5195K) and Child Support and Paternity Specialist 3 (PS9542K), Division of Family Development, Department of Human services.
ACTION: The Civil Service Commission directed that these appeals be denied and directed the Division of State Human Resource Management to review the positions encumbered by two other employees in the appellant's work unit.
B-62 RASHID BEY
The appeal of Rashid Bey, a Cook-12 months at Ancora Psychiatric Hospital, Department of Human Services, of his removal, effective August 2, 2007, on charges, was heard by Administrative Law Judge John Schuster III (ALJ), who rendered his initial decision on December 10, 2008. At its meeting on February 25, 2009, the Civil Service Commission did not adopt the ALJ's recommendation to modify the removal to a six-month suspension. Rather, the Commission upheld the removal. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-63 KEVIN GEORGE
The appeal of Kevin George, a Police Sergeant with Newark, of his removal, effective April 11, 2001, on charges was heard by Administrative Law Judge Robert J. Giordano (ALJ), who rendered his initial decision on January 12, 2009. At its meeting on February 25, 2009, the Civil Service Commission adopted the ALJ's recommendation to uphold the removal. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-64 SHAY SAMPSON
The appeal of Shay Sampson, a Police Officer with the City of Camden, of his fine equal to 15 days' pay, on charges, was heard by Administrative Law Judge Jeff S. Masin (ALJ), who rendered his initial decision on January 14, 2009. At its meeting on February 25, 2009, the Civil Service Commission did not adopt the ALJ's recommendation to modify the penalty to a written reprimand. Rather, the Commission modified the penalty to a fine equal to five days' pay. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-65 DIANA RUSIN
Diana Rusin 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 Child Support and paternity Specialist 3 (PS9542K), Division of Family Development, Department of Human Services.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-66 JANICEE THOMPSON
Janicee Thompson 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 Child Support and Paternity Specialist 3 (PS9542K), Division of Family Development, Department of Human Services.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-67 DEBORAH CHRISTMAS
The Department of Environmental Protection, on behalf of Deborah Christmas, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit Ms. Christmas, who is participating in the donated leave program, to receive more than the 180 donated leave days allowed to a recipient.
ACTION: The Civil Service Commission granted the request.
B-68 ARELYS OQUENDO-CRUZ
The Department of Corrections, on behalf of Arelys Oquendo-Cruz, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit employees to donate more than 10 leave days to Ms. Oquendo-Cruz, who is participating in the donated leave program.
ACTION: The Civil Service Commission granted the request.
B-69 EARLY SETTLEMENTS
Tashawa Butler
New Lisbon Developmental Center
Department of Human Services
Removal
Debbie Jones-Lee
Woodbine Developmental Center
Department of Human Services
Resignation not in good standing
Scott Kieffer
Mercer County
Department of Corrections
Fine
Donna Santiago
Woodbine Developmental Center
Department of Human Services
Removals (2)
Jose Segarra
Central Office Police
Department of Human Services
Suspension
Latoya Stewart
New Lisbon Developmental Center
Department of Human Services
Removal
ACTION: The Civil Service Commission acknowledged the settlements.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, March 25, 2009, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
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Hope L. Cooper, Chairperson
Civil Service Commission
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