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Deirdré L. Webster Cobb, Chairperson
Dolores Gorczyca
Daniel W. O’Mullan
Diomedes Tsitouras
MARCH 12, 2020
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A regular meeting of the Civil Service Commission was held on Thursday, March 12, 2020, at 10:00 a.m., in Trenton, New Jersey.
PRESENT: Deirdré L. Webster Cobb, Chairperson, Members Dolores Gorczyca, Daniel W. O’Mullan 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 26, 2020.
ACTION: The Civil Service Commission adopted the minutes of its meeting of February 26, 2020
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
McDonald Blamo, Mechanic, City of Trenton, Department of Public Works, removal.
Dianne Cottrell, Human Service Specialist 2, Ocean County Board of Social Services, return to permanent title at the end of the working test period.
Catalina Diaz, Technician Trainee, Motor Vehicle Commission, release at the end of the working test period.
Michael Dunaj, Compactor Truck Driver, Monmouth County, Department of Reclamation Center, 10 working day suspension.
Tiffany Green, Police Officer, City of Newark, Department of Public Safety, 15 working day suspension.
Arnaldo Mendoza, Human Service Specialist 2, Bilingual in Spanish/English, Salem County Board of Social Services, removal.
William Murray, Complaint Investigator, City of Hoboken, Department of Public Safety, layoff.
James Nammoura, Police Officer, Borough of Pompton Lakes, Police Department, removal.
Carol Pasquale, Supervising Security Guard, City of Jersey City, Department of Administration, 63 working day suspension.
Joseph Tomazic, Police Lieutenant, Marlboro Township, Department of Public Safety, 20 working day suspension.
Aubrie Quagliero, Human Service Specialist 3, Bergen County Board of Social Services, return to permanent title at the end of the working test period.
ACTION: The Civil Service Commission noted the withdrawal of appeals without prejudice.
DISMISSAL FOR FAILURE TO APPEAR
The Civil Service Commission dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:
Chontielle Forte, Technician Trainee, Motor Vehicle Commission, release at the end of the working test period.
ACTION: The Civil Service Commission noted the dismissal of appeals without prejudice.
SECTION A – HEARING MATTERS
A-1 SETTLEMENTS
Vincent Caruso
City of Jersey City
Department of Public Works
Removal
Lillian Davis
Union County
Department of Correctional Services
Suspension
Robert Dayton
Hudson County
Department of Roads and Public Property
Suspension
Jeffrey Faistl
Monmouth County
Department of Parks
Suspension
Brian Harkins (Consolidated)
North Wildwood
Police Department
Suspensions (2) and Demotion
Robert Lawler
Borough of Hopatcong
Water Department
Removal
Sharon Pryor
Garden State Youth Correctional Facility
Department of Corrections
Suspension
Suzette Ravix
Graystone Park Psychiatric Hospital
Department of Health
Removal
Marshall Richardson
City of Newark
Department of Public Safety
Suspension
Marshall Richardson
City of Newark
Department of Public Safety
Suspension
Jihad Snead
City of Newark
Department of Public Works
Suspension
Jordan Tabb
Rowan University
Suspension
VOTE: Deirdrè L. Webster Cobb (Yes)
Dolores Gorczyca (Recuse)
Daniel W. O’Mullan (Yes)
Diomedes Tsitouras (Yes)
Jordan Tabb
Rowan University
Removal
VOTE: Deirdrè L. Webster Cobb (Yes)
Dolores Gorczyca (Recuse)
Daniel W. O’Mullan (Yes)
Diomedes Tsitouras (Yes)
Josue Velez
Department of Transportation
Removal
VOTE: Deirdrè L. Webster Cobb (Yes)
Dolores Gorczyca (Recuse)
Daniel W. O’Mullan (Yes)
Diomedes Tsitouras (Yes)
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES – SETTLEMENT
ACTION: The Civil Service Commission acknowledged the settlements
A-2 KEVIN GONZALEZ
Kevin Gonzalez, Senior Correctional Police Officer, Northern State Prison, Department of Corrections, removal August 26, 2019, on charges of neglect of duty, conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge – Deny the motion for summary decision and modify the removal to an official written reprimand.
ACTION: The Civil Service Commission directed that this matter be referred to the Office of Administrative Law for a hearing.
A-3 ANTHONY HAGLER
Anthony Hagler, Laborer 1, Mercer County, Department of Transportation and Infrastructure, removal effective December 18, 2018 on charges of inability to perform duties.
Recommendation of the Administrative Law Judge – Grant the motion for summary decision and modify the removal to a resignation in good standing.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-4 KEVIN NEWSOM
Kevin Newsom, Correctional Police Sergeant, New Jersey State Prison, Department of Corrections, removal effective December 30, 2014, on charges of conduct unbecoming a public employee 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.
SECTION B – MISCELLANEOUS MATTERS
B-1 SANADIQIYAH ROBERTS – CSC DOCKET NO. 2020-1467
Sanadiqiyah Roberts appeals the removal of her name from the Correctional Police Officer (S9988A), 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-2 DAWAINE WHETSTONE – CSC DOCKET NO. 2019-1834
Dawaine Whetstone appeals his 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 granted.
B-3 JAMES WHITE – CSC DOCKET NO. 2020-842
James White appeals the removal of his name from the Correctional Police Officer (S9988A), 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-4 KATRINA DEVILLA – CSC DOCKET NO. 2020-84
Katrina DeVilla appeals the determination of the Division of Agency Services, which found that she did not meet the experience requirements for the Engineering Technician 5 (S2231W), Statewide examination.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-5 MICHELE L. SBARRO – CSC DOCKET NO. 2019-3443
Michele L. Sbarro appeals the determination of the Division of Agency Services which found that she did not meet the requirements for the promotional examination for Senior Management Assistant (PS8607G), Department of Environmental Protection.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-6 ALHAJI KALOKO – CSC DOCKET NO. 2020-1872
Alhaji Kaloko requests to file a late application for the open competitive examination for Construction and Maintenance Technician 5 (S0017B), Statewide.
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-7 DARIUS COLLINS – CSC DOCKET NO. 2019-3353
The appeal of Darius Collins, Senior Correctional Police Officer, Northern State Prison, Department of Corrections, removal effective May 8, 2019, on charges, was heard by Administrative Law Judge Ernest M. Bongiovanni (ALJ), who rendered his initial decision on January 17, 2020. At its meeting on February 26, 2020, the Civil Service Commission (Commission) did not adopt the ALJ’s recommendation to modify the removal. 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-8 R.W. AND R.S. – CSC DOCKET NOS. 2019-2691 AND 2019-2769
R.W., a Field Service Supervisor 1, Medical Assistance and Health Services, and R.S., a Quality Assurance Coordinator, with the Division of Medical Assistance appeal the decisions of the Department of Human Services’ Chief of Staff, which substantiated R.W.’s allegation that R.S. subjected R.W. to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace (State Policy), but did not substantiate other State Policy allegations that R.W. made.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-9 KEISHA GREEN – CSC DOCKET NO. 2020-1690
The appointing authority appeals the decision of the Division of Agency Services which found that Keisha Green’s position with Vineland is properly classified as Customer Services Representative. It does not request a specific classification in this proceeding.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-10 CHRISTOPHER WHITE – CSC DOCKET NO. 2020-2086
Christopher White appeals the decision of the Division of Agency Services which found that his position with the Department of Environmental Protection is properly classified as Parks Maintenance Supervisor 2. The appellant seeks a Parks Maintenance Supervisor 1 job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-11 M.P. – CSC DOCKET NO. 2019-2242
M.P. appeals the bypass of her name on the eligible list for Records Technician 3, Motor Vehicles (PS4527T), Motor Vehicle Commission
ACTION: The Civil Service Commission directed that this appeal be rendered moot.
B-12 FIELD REPRESENTATIVE DISEASE CONTROL (M1019G) AND (M1722J), CITY OF NEWARK – CSC DOCKET NO. 2018-2149
The City of Newark requests permission not to make an appointment from the September 4, 2007 certification for Field Representative Disease Control (M1019G) and (M1722J).
ACTION: The Civil Service Commission granted the appointment waiver and assessed selection costs in the amount of $2,048.
VOTE: Deirdrè L. Webster Cobb (Yes)
Dolores Gorczyca (Recuse)
Daniel W. O’Mullan (Yes)
Diomedes Tsitouras (Yes)
B-13 RECORDS SUPPORT TECHNICIAN 2 (M0388T), CITY OF NEWARK – CSC DOCKET NO. 2018-685
The appointing authority’s failure to dispose of the certification for Records Support Technician 2 (M0388T), City of Newark, while a provisional is serving in the title has been referred to the Civil Service Commission for enforcement.
ACTION: The Civil Service Commission ordered the appointing authority to remove the provisional appointee, make an appointment from the certification, and pay compliance costs in the amount of $1,000.
VOTE: Deirdrè L. Webster Cobb (Yes)
Dolores Gorczyca (Recuse)
Daniel W. O’Mullan (Yes)
Diomedes Tsitouras (Yes)
B-14 ROMINA ACOSTA AND DOREEN GRAMLING – CSC DOCKET NOS. 2019-2529 AND 2019-2395
Romina Acosta and Doreen Gramling appeal the determinations of the Division of Agency Services that they did not meet the experience requirements for the open competitive examination for Institutional Trade Instructor 2, Clothing (S0823W).
ACTION: The Civil Service Commission directed that these appeals be granted.
B-15 NERMEEN BAKHOUM – CSC DOCKET NO. 2020-1720
Nermeen Bakhoum appeals the determination of the Division of Agency Services that she did not meet the experience requirements for the promotional examination for Administrative Analyst 3 (PS5314K), Division of Medical Assistance and Health Services.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-16 VICKI CIAMPA – CSC DOCKET NO. 2020-2092
Vicki Ciampa appeals the determination of the Division of Agency Services that she did not meet the certification requirement for the promotional examination for Medical Records Supervisor (PS5641K), Department of Human Services.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-17 RUBY RODRIQUEZ – CSC DOCKET NOS. 2020-1955 AND 2020-1956
Ruby Rodriquez appeals the administration of the written examinations for Quality Assurance Specialist, Health Services (PS4826K), Department of Human Services, and Quality Assurance Specialist Health Services, (S0141W), Statewide.
ACTION: The Civil Service Commission directed that these appeals be dismissed as untimely.
B-18 TYSHAWN BOLDEN – CSC DOCKET NO. 2020-2136
The Division of Agency Services requests that the eligible list for Fire Fighter (M1540T), Irvington Township be revived and extended in order for Tyshawn Bolden to be considered for appointment for a position as Fire Fighter.
ACTION: The Civil Service Commission directed that this request be granted.
B-19 CONOR PHILLIPS – CSC DOCKET NO. 2020-1773
Conor Phillips requests that his application be accepted for the open-competitive examination for Fire Fighter (M9999W).
ACTION: The Civil Service Commission directed that this request be dismissed as untimely.
B-20 RICHARD MORALES – CSC DOCKET NO. 2020-2060
The Newark School District, represented by Bernard Mercado, Esq., requests reconsideration of the decision rendered on January 15, 2020, that modified Richard Morales’ removal to a 30 working day suspension and diversity training.
ACTION: The Civil Service Commission directed that this request be granted but reaffirmed the prior decision.
B-21 WOODBRIDGE FIRE DISTRICT 11 – CSC DOCKET NO. 2020-1693
The Division of Agency Services seeks enforcement of the Civil Service Commission decision rendered on January 16, 2019, which ordered Woodbridge Fire District 11 to record various employees into the County and Municipal Personnel System.
ACTION: The Civil Service Commission directed that Woodbridge Fire District 11 be assessed a fine in the amount of $10,000.
B-22 R.G. – CSC DOCKET NO. 2020-890
R.G., a Correctional Police Lieutenant with Northern State Prison, Department of Corrections, appeals the decision of the Commissioner, which did not substantiate his allegation that he was 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-23 FINAL ADOPTION AMENDMENTS TO N.J.A.C. 4A:7-3.1
Submitted for the Commission’s approval is a Notice of Adoption for an amendment to N.J.A.C. 4A:7-3.1 regarding confidentiality during the investigative process.
ACTION: The Civil Service Commission approved the Notice of Adoption for publication in the New Jersey Register for final adoption.
B-24 SUPERVISOR OF MOTOR POOL (M0599T), NEWARK – CSC DOCKET NO. 2018-1292
The Division of Agency Services requests that Newark be ordered to return the May 17, 2016 certification (OL160626) of the eligible list for Supervisor of Motor Pool (M0599T) for proper disposition.
ACTION: The Civil Service Commission directed that the disposition of the certification be recorded and the appointing authority be assessed compliance costs in the amount of $1,000.
VOTE: Deirdrè L. Webster Cobb (Yes)
Dolores Gorczyca (Recuse)
Daniel W. O’Mullan (Yes)
Diomedes Tsitouras (Yes)
PUBLIC PORTION
Elmore Gaines commented on enforcing In the Matter of Code Enforcement Officer (M0424V), City of Newark (CSC, decided December 18, 2019).
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, April 15, 2020, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
