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Robert M. Czech, Chairperson
Robert E. Brenner
Thomas J. Perna
Richard E. Williams
A regular meeting of the Civil Service Commission was held on Wednesday, April 6, 2011, in Trenton, New Jersey.
PRESENT: Robert M. Czech, Chairperson, Members Robert E. Brenner, Thomas J. Perna and Richard E. Williams; Pamela Ullman, Deputy Attorney General; Henry Maurer, Director, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, Robert M. Czech, 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 December 20, 2010, 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
In the Matter of Warren Berry
Motor Vehicle Commission
Removal
In the Matter of Nicole Blaine
Hagedorn Psychiatric Hospital
Department of Human Services
Removal
In the Matter of Navonda Booze
New Jersey Memorial Home-Vineland
Department of Military and Veterans' Affairs
Removal
In the Matter of Camille Brown
City of Newark
Police Department
Suspension
In the Matter of Melissa Capanna
Gloucester Township
Police Department
Suspension
In the Matter of Shannon Conway
Monmouth County
Sheriff's Department
Suspension
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
In the Matter of Phyllis Johnson-Cooper
Ancora Psychiatric Hospital
Department of Human Services
Removal
In the Matter of Janet Decker
Hunterdon Developmental Center
Department of Human Services
Removal
In the Matter of Reynaldo Diaz
City of Newark
Police Department
Suspension
In the Matter of Michael Ferlise
State Parole Board
Suspension
In the Matter of David Gonzalez
New Jersey City University
Department of Higher Education
Resignation not in good standing
In the Matter of Wendell Harper
City of Newark
Police Department
Back pay
In the Matter of Bernard Madgey
Township of Voorhees
List Bypass
In the Matter of Eric Mattocks
Camden County Municipal Utilities Authority
Removal
In the Matter of Anita McClain
City of Newark
Police Department
Suspension
In the Matter of Bradley McClain
Hunterdon Developmental Center
Department of Human Services
Removal
In the Matter of Isaiah McClain
North Jersey Developmental Center
Department of Human Services
Suspension
In the Matter of Ellen McMenemy
Township of Brick
School District
Removal
In the Matter of Bryan Miller
Hunterdon Developmental Center
Department of Human Services
Removal
In the Matter of Katrina Howard-Pemberton
Hunterdon Developmental Center
Department of Human Services
Resignation not in good standing
In the Matter of Laurel Rogers
City of Trenton
Police Department
Suspension
In the Matter of Annie Crawford-Sykes
Judiciary, Superior Court Clerk's Office
Suspension
In the Matter of Robert Weeks
North Brunswick
Department of Community Development
Layoff
In the Matter of Anthony L. White
Willingboro Township
Police Department
Removal
In the Matter of Andre Williams
New Lisbon Developmental Center
Department of Human Services
Removal
In the Matter of Chantina Wilson
Hunterdon Development Center
Department of Human Services
Suspension
In the Matter of Claudette Wright
Union County
Department of Human Services
Suspension
Elijah Yarborough
Township of Lakewood
Department of Public Works
Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 ANDREW BAKER
Andrew Baker, Truck Driver Single Axle, Greystone Park Psychiatric Hospital, Department of Human Services, 40 working day suspension on charges of creating a disturbance on State property and threatening, intimidating, coercing or interfering with employees on State property.
Recommendation of the Administrative Law Judge - Uphold the 40 working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-3 BERGEN COUNTY 2008 LAYOFFS
Frank D'Ercole, Donna O'Shea, Robert Kobylarz, Patricia Montero and Dina Kreis Mohl, of Bergen County, appeal the good faith of their layoffs effective August 28, 2008, for reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Uphold the layoffs.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-4 GLENN CARTER
Glenn Carter, Planning Director, City of Passaic, appeals the good faith of his layoff effective December 21, 2009, for reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Uphold the layoff.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge but did not award back pay for his unclassified position of Acting Executive Director of Redevelopment due to lack of jurisdiction.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
A-5 LAWRENCE DOHERTY
Lawrence Doherty, County Correction Officer, Sussex County, Sheriff's Department, 10 working day suspension on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty, other sufficient cause and numerous violations of County rules and regulations.
Recommendation of the Administrative Law Judge - Uphold the 10 working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-6 DAVID JEFFERSON
David Jefferson, Senior Correction Officer, Mountainview Youth Correctional Facility, Department of Corrections, 15 working day suspension on charges of unsatisfactory attendance and chronic or excessive absenteeism.
Recommendation of the Administrative Law Judge - Uphold the 15 working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-7 IDRIS KENDRICK
Idris Kendrick, County Correction Officer, Burlington County, County Jail, 10 working day suspension on charges of neglect of duty and other sufficient cause.
Recommendation of the Administrative Law Judge - Reverse the 10 working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-8 MARK MCCULLEY (REMAND)
Mark McCulley, Deputy Fire Chief, Ocean City, Department of Fire and Rescue Services, 90-day suspension and restitution in the amount of $7,089.80, on charges of misconduct and disobedience of the rules and regulations of the Ocean City Fire and Rescue Services Department.
Recommendation of the Administrative Law Judge - Reverse the 90-day suspension and payment of restitution in the amount of $7,089.80.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-9 MARK NASCA
Mark Nasca, Senior Correction Officer, New Jersey State Prison, Department of Corrections, 30 working day suspension on charges of neglect of duty, other sufficient cause and violation of Departmental rule, regulation, policy, procedure, order, or administrative decision.
Recommendation of the Administrative Law Judge - Reverse the 30 working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-10 KENNETH RICKS
Kenneth Ricks, Supervisor of Streets, City of Trenton, Department of Public Works, return to formerly held permanent title at the end of the working test period effective January 28, 2009.
Recommendation of the Administrative Law Judge - Uphold the return to formerly held permanent title at the end of the working test period.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-11 BELINDA WHITE
Belinda White, Communications Operator, Garden State Youth Correctional Facility, Department of Corrections, 10 working day and 15 working day suspensions on charges of insubordination, conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge - Uphold the 10 working day and 15 working day suspensions.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-12 NADINE DOWNING
Nadine Downing, Substance Abuse Counselor 2, Cumberland County, Alcoholism Department, removal effective January 20, 2010, on the charge of other sufficient cause.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to a resignation in good standing.
A-13 EDDIE JIMENEZ
Eddie Jimenez, Laborer, City of Newark, Department of Neighborhood and Recreational Services, removal effective March 22, 2010, on the charge of conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Modify the removal to a 60 working day suspension.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge and upheld the removal.
A-14 SCOTT LABAN
Scott Laban, Heavy Equipment Operator, Bergen County, Department of Parks, removal effective August 22, 2009, on charges of conduct unbecoming a public employee, neglect of duty and inefficiency.
Recommendation of the Administrative Law Judge - Modify the removal to a 45 working day suspension.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge and upheld the removal.
A-15 MICHAEL PRINS
Michael Prins, County Correction Sergeant, Hudson County, Department of Corrections, removal effective April 16, 2010, on charges of insubordination, conduct unbecoming a public employee, neglect of duty, inefficiency, incompetence, or failure to perform duties, discrimination that affects equal opportunity including sexual harassment and other sufficient cause.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
Agenda Item A-16 was held to be considered at the conclusion of the regular agenda. At that time, a motion was made and seconded that the open session be recessed and that, pursuant to Section 12(b) of the Open Public Meetings Act, the Civil Service Commission entered into Executive Session for the purpose of legal advice. The Commission subsequently reconvened the public meeting.
A-16 ROBERT J. REID AND JARROD M. CAREY (CONSOLIDATION)
Robert J. Reid and Jarrod M. Carey, Police Officers, City of Camden, Police Department, removals effective July 7, 2010, on the charge of inability to perform duties of the position. This matter was held over from the February 16, 2011 Civil Service Commission meeting for further review.
Recommendation of the Administrative Law Judge - Modify the removals to resignations in good standing.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-17 THOMAS WOODSON
Thomas Woodson, Bridge Operator, Department of Transportation, removal effective October 2, 2009, on charges of violation of the Department of Transportation's drug and alcohol free workplace policy/procedure.
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 CHANGE IN THE STATE CLASSIFICATION PLAN - COMMUNICATIONS SYSTEMS TECHNICIAN, OFFICE OF LEGISLATIVE SERVICES
The Office of Legislature Services (OLS) requests the establishment of a new, unclassified title, Communications Systems Technician 3, OLS. In accordance with N.J.S.A. 11A:3-4(c) employees in the Legislative Branch of State Government shall be in the unclassified service.
ACTION: The Civil Service Commission directed that this request be granted.
B-2 CHANGE IN THE STATE CLASSIFICATION PLAN - EDUCATION PROGRAM DEVELOPMENT SPECIALIST TITLE CONSOLIDATION
The Division of State and Local Operations (SLO) requests consolidation of nine of the thirteen Education Program Development Specialist variant title series into the base title effective the first pay period following the Civil Service Commission's action regarding this request. SLO also requests verbiage changes for four of the thirteen Education Program Development Specialist variant title series effective the first pay period following the Commission's action regarding this request. SLO has provided notice to the affected parties of the proposed changes in the classification plan.
ACTION: The Civil Service Commission directed that this request be granted.
B-3 CHANGE IN THE STATE CLASSIFICATION PLAN - TITLE INACTIVATION - PUBLIC BROADCASTING AUTHORITY
The Division of State and Local Operations requests the inactivation of 11 unclassified titles assigned for use to the Public Broadcasting Authority that are unencumbered.
ACTION: The Civil Service Commission directed that this request be granted.
B-4 CHANGE IN THE STATE CLASSIFICATION PLAN - TITLE INACTIVATION - CHILD SUPPORT TITLE SERIES
The Division of State and Local Operations requests the inactivation of the titles Child Support Specialist and Child Support Supervisor.
ACTION: The Civil Service Commission directed that this request be granted.
B-5 CHANGE IN THE STATE CLASSIFICATION PLAN - BUILDING INSPECTOR APPRENTICE
The Division of State and Local Operations requests a title verbiage change and a restructuring of the training period for the local title of Building Inspector Trainee to Building Inspector Apprentice.
ACTION: The Civil Service Commission directed that this request be granted.
B-6 CHANGE IN THE STATE CLASSIFICATION PLAN - OCCUPATIONAL GROUP 20 - TYPING AND KEYBOARDING - TITLE CONSOLIDATION
The Division of State and Local Operations requests the consolidation of various local government titles within Occupational Group 20 (Clerical Occupations) that have typing/keyboarding responsibilities.
ACTION: The Civil Service Commission directed that this request be granted.
B-7 CHANGE IN THE STATE CLASSIFICATION PLAN - OCCUPATIONAL GROUP 20 - GENERIC CLERICAL WORK - TITLE CONSOLIDATION
The Division of State and Local Operations requests the consolidation of various local government titles within Occupational Group 20 (Clerical Occupations) that are responsible for performing generic clerical work.
ACTION: The Civil Service Commission directed that this request be granted.
B-8 CHANGE IN THE STATE CLASSIFICATION PLAN - OCCUPATIONAL GROUP 20 - TRANSCRIBING DICTATION - TITLE CONSOLIDATION
The Division of State and Local Operations requests the consolidation of various local government titles within Occupational Group 20 (Clerical Occupations) that are responsible for taking and transcribing dictation (Stenography).
ACTION: The Civil Service Commission directed that this request be granted.
B-9 CHANGE IN THE STATE CLASSIFICATION PLAN - RECORDS SUPPORT TECHNICIAN
The Division of State and Local Operations requests the creation of a new title series for use by local jurisdictions to be named Records Support Technician and to subsequently inactivate certain titles which will be consolidated into the new title series.
ACTION: The Civil Service Commission directed that this request be granted.
B-10 CHANGE IN THE STATE CLASSIFICATION PLAN - TITLE INACTIVATION - GENERAL AND RESTRICTED USE
The Division of State and Local Operations requests the inactivation of 132 State Executive Branch titles, including both General use and those restricted to various Departments that are unencumbered. 
ACTION: The Civil Service Commission directed that this request be granted.
B-11 MARC CURRAN
Marc Curran, represented by Stephen B. Hunter, Esq., appeals his rejection as a Police Officer candidate by the City of Jersey City and its request to remove his name from the eligible list for Police Officer (S9999H) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-12 CHRISTINE EICHWALD
Christine Eichwald, represented by Steven P. Scheffler, Esq., appeals her rejection as a Police Officer candidate by Ventnor City and its request to remove her name from the eligible list for Police Officer (S9999H) 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-13 EDWARD J. FENTRESS
Edward J. Fentress appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit (S9999K) on the basis of medical unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-14 DANIEL M. RICHARDSON
Daniel M. Richardson, represented by Christine A. Zmurek, Esq., appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit (S9999K) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-15 DARELL F. SZEZYPTA
Darell F. Szezypta, represented by Catherine M. Elston, Esq., appeals his rejection as a Fire Fighter candidate by Kearny Township and its request to remove his name from the eligible list for Fire Fighter (M2362E) 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-16 YVONNE WRIGHT-NNADI
Yvonne Wright-Nnadi, a Senior Correction Officer with East Jersey State Prison, Department of Corrections, represented by Daniel Geddes, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-17 EUGENE ZAISS
Eugene Zaiss, a Senior Correction Officer at Garden State Youth Correctional Facility, Department of Corrections, represented by Daniel Geddes, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-18 MELISSA FRATELLA
Melissa Fratella, a County Correction Officer with the Morris County Sheriff's Office, represented by Robert J. Cascone, Esq., petitions the Civil Service Commission for interim relief of her removals, effective December 10, 2010, and a 180-day suspension.
ACTION: The Civil Service Commission directed that this request be denied.
B-19 ANGELA ARLINE
Angela Arline, a Senior Correction Officer with Bayside State Prison, Department of Corrections, appeals the determination of the Assistant Director of the Equal Employment Division, 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 HECTOR BAYRON
Hector Bayron, a Bus Driver at New Lisbon Developmental Center, Department of Human Services, appeals the determination of the Assistant Commissioner of the DHS, which found sufficient evidence that the appellant had violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-21 MARILYN BOFFA
Marilyn Boffa, a Teacher 1 with the Department of Corrections, appeals the determination of the Assistant Director of the Equal Employment Division, stating that the appellant failed to present sufficient evidence to support a finding that she has 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-22 JEANNETTE BROWN
Jeannette Brown, a Clerk Transcriber with the Department of Law and Public Safety, appeals the determination of the Chief of Staff of the Office of the Attorney General, 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-23 GARY AICH
Gary Aich, represented by David B. Beckett, Esq., requests reconsideration of the decision rendered on August 18, 2010, finding him ineligible for the Supervisor, Public Works (PM0736L), Sayreville, promotional examination and removing his name from the promotional eligible list for Supervisor, Public Works (PM0601K), Sayreville, and the October 22, 2009 certification of the list on the basis that he did not meet the minimum experience requirements for the title.
ACTION: The Civil Service Commission directed that this request be denied.
B-24 JUAN GARCIA, ET AL.
Juan Garcia, Agapito Guzman, Robert Guzman, Bi Joye Rodriguez and Francesca Sciascia, represented by Joseph S. Murphy, Esq., and Jason Vion request reconsideration of the final administrative determination in In the Matter of Anthony Argento, et al., Police Sergeant (CSC, decided August 18, 2010).
ACTION: The Civil Service Commission directed that this request be denied.
B-25 SAEED WARDEN
Saeed Warden requests reconsideration of the decision rendered on September 15, 2010, which found that he did not meet the experience requirements for the open competitive examination for Plumber and Steamfitter (S0119M).
ACTION: The Civil Service Commission directed that this request be denied.
B-26 VINCENT COSENZO AND JOHN FORMISANO
Vincent Cosenzo and John Formisano appeal the determinations of the Division of Selection Services which found them ineligible for the promotional examination for Police Sergeant (PM5107M), Newark due to untimely applications.
ACTION: The Civil Service Commission directed that these appeals be granted.
B-27 JAMES DIORIO, ET AL.
James DiOrio and Paul Tillotson (PM5092M), Elizabeth; Dwayne Anthony (PM5106M), Mount Laurel; Antoinette Alvarado and Janell Robinson (PM5107M), Newark; Mathew Bandurski and Robert Bruce (PM5114M), Sayreville; and Herbert Granados (PM5120M), West Orange; appeal the determinations of the Division of Selection Services which found them ineligible for the promotional examination for Police Sergeant due to untimely applications.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-28 JAMES GASTON
James Gaston, represented by Otto J. Scerbo, Esq., appeals the decision of the Division of State and Local Operations which upheld the removal of his name from the Sheriff's Officer (S9999H), Hudson County, eligible list due to an unsatisfactory background report.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-29 KURT HAMMOND
Kurt Hammond appeals the decision of the Division of State and Local Operations which upheld the removal of his name from the Carpenter (C0631K), Hudson County, eligible list due to his unsatisfactory criminal record.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-30 KYLE HOUSLEY
Kyle Housley, represented by Raymond C. Staub, Esq., appeals the decision of the Division of State and Local Operations which upheld the removal of his name from the Fire Fighter (M2394H), City of Trenton, eligible list due to the falsification of his employment application.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-31 LEE KIMBERLIN
Lee Kimberlin appeals the appointing authority's request to remove her name from the Claims Examiner, Unemployment and Disability Insurance (PS3031N), Department of Labor and Workforce Development, employment list due to her late response to the Certification Notice.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-32 JEANETTE R. RIVERA
Jeanette R. Rivera appeals the decision of the Division of State and Local Operations, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Police Officer (S9999H), City of Newark, eligible list on the basis of an unsatisfactory employment record.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-33 DONNEL SCHULER
Donnel Schuler, represented by Moshood Muftau, Esq., appeals the decision of the Division of State and Local Operations which upheld the removal of his name from the County Correction Officer (S9999K), Essex County, eligible list due to his unsatisfactory criminal history.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-34 NADIYAH A. SIMPSON
Nadiyah A. Simpson appeals the decision of the Division of State and Local Operations which upheld the removal of her name from the Correction Officer Recruit (S9999K), Department of Corrections, eligible list due to falsification of her employment application.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-35 VINCENT VISCO
Vincent Visco appeals the determination of the Division of Selection Services that denied his admittance to the open-competitive examination for Fire Fighter (M9999M), due to a late application.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-36 GLEN CAMUSO
Glen Camuso, a former Police Captain with Newark, represented by Gary D. Tomasella, Esq., appeals Newark's refusal to appoint him from the September 9, 2008 certification of the eligible list for Deputy Police Chief (PM3515G) and Newark's request to cancel that certification.
ACTION: The Civil Service Commission directed that this appeal be denied.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-37 DANIEL OTTOBRE
Daniel Ottobre, a County Correction Officer with Mercer County, represented by Jason J. LeBoeuf, Esq., appeals the decision of the Division of State and Local Operations, which upheld the appointing authority's request to cancel the October 21, 2008 certification (PL081626) of the eligible list for County Correction Sergeant (PC2666G).
ACTION: The Civil Service Commission directed that this appeal be denied.
B-38 LEON WILLIAMS
Leon Williams appeals the determination of the Division of State and Local Operations, which upheld the bypass of his name on the October 2, 2009, certification of the Program Support Specialist 1, Assistance Programs (PS5192K), Department of Human Services, eligible list.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-39 MICHAEL PATTON, ET AL.
The Division of State and Local Operations, on behalf of Burlington County, requests that the provisions of N.J.A.C. 4A:4-1.1(c) be relaxed in order to allow Michael Patton, Eric Todd, Stephen Burr, Howard Black, and Richard Zuvich to be provisionally appointed, pending promotional examination procedures, to the competitive titles of Network Administrator 1, Network Administrator 1, Telecommunications Systems Analyst, Principal Technician, Management Information Systems (MIS), and Senior Technician, MIS, respectively.
ACTION: The Civil Service Commission granted the request.
B-40 ASSISTANT MUNICIPAL CLERK (M0593L) ROSELLE BOROUGH
Roselle Borough requests permission not to make an appointment from the March 8, 2010 certification for Assistant Municipal Clerk (M0593L).
ACTION: The Civil Service Commission granted the appointment waiver and assessed selection costs in the amount of $2,048.
B-41 COORDINATOR OF VOLUNTEERS (C0255K), HUNTERDON COUNTY
The appointing authority's failure to dispose of the certification for Coordinator of Volunteers (C0255K), Hunterdon County, 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, properly dispose of the certification and pay compliance costs.
B-42 CUSTOMER SERVICE REPRESENTATIVE 2 (S0271L) STATEWIDE
Kean University requests permission not to make an appointment from the January 11, 2010 certification for Customer Service Representative 2 (S0271L).
ACTION: The Civil Service Commission granted the appointment waiver and presently assessed no selection costs.
B-43 SAMUEL MUNOZ AND ANDRES NIEVES
Samuel Munoz and Andres Nieves, Fire Fighters with Camden, represented by Mitesh M. Patel, Esq., appeal the appointments of Ralph Schneeman and Frank Bottalico, Jr., from the Fire Captain (PM3509F), Camden, eligible list, effective September 7, 2009.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-44 TECHNICIAN, MANAGEMENT INFORMATION SYSTEMS (M0017L), JERSEY CITY
Jersey City requests permission not to make an appointment from the January 20, 2010 certification for Technician, Management Information Systems (M0017L).
ACTION: The Civil Service Commission granted the appointment waiver and assessed partial selection costs in the amount of $1,024.
B-45 JAVIER CUSTODIO
Javier Custodio, a Sheriff's Officer with the Passaic County Sheriff's Office, appeals his reassignment.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-46 ELIZABETH CRESPO
Elizabeth Crespo, a former Police Officer with the City of Passaic, represented by Anthony J. Fusco, Jr., Esq., appeals the determination of her layoff rights by the Division of State and Local Operations.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-47 SUSAN FRACZKIEWICZ
Susan Fraczkiewicz, a Secretarial Assistant 1 with the Department of Transportation, 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 this request be denied.
B-48 LUIS PASTORIZA
The Superior Court, Law Division, has transmitted the case of Luis Pastoriza v. City of Camden to the Civil Service Commission for a determination regarding the propriety of the temporary layoff of Luis Pastoriza from his position as the Municipal Clerk on 26 dates between June 2010 and November 2010.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-49 BONNIE RUDD
The Division of State and Local Operations, on behalf of Warren County, requests that Bonnie Rudd's out-of-title work experience in the title Supervising Account Clerk be accepted to qualify her for a prospective promotional examination for Human Services Specialist 3.
ACTION: The Civil Service Commission directed that this request be granted.
B-50 BEVERLY SCHNEGELSBERGER
Beverly Schnegelsberger, a former Police Aide with Burlington City, Department of Public Safety, represented by Jessica Shaw, Staff Representative, CWA Local 1040, appeals the determination of her layoff rights by the Division of State and Local Operations.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-51 MARY J. SHELLY
Mary J. Shelly, a Manager 2, Fiscal Resources with the Motor Vehicle Commission, appeals her five-day suspension.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-52 NIDIA ZUERCHER
Nidia Zuercher, a Practical Nurse at Hunterdon Developmental Center, Department of Human Services, appeals the denial of an education leave of absence.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-53 BILLIE ANDERSON-THOMAS
Billie Anderson-Thomas, represented by Dennis Reiter, Treasurer, CWA Local 1033, appeals the decision of the Division of State and Local Operations which found that her position with the Department of Education is correctly classified as Educational Program Development Specialist 2. The appellant seeks an Educational Program Development Specialist 1 classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-54 MARIA APOSTOLOS
Maria Apostolos appeals the decision of the Division of State and Local Operations which found that her position with the Department of Human services is properly classified as Clerk. The appellant seeks a Child Support and Paternity Specialist 3 classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-55 ERICA BERGMAN
Erica Bergman appeals the decision of the Division of State and Local Operations that the proper classification of her position with the Department of Environmental Protection is Principal Environmental Specialist, Site Remediation. The appellant seeks a Site Remediation Technical Specialist classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-56 JAMES DESCHLER
James Deschler appeals the decision of the Division of State and Local Operations which found that his position with Rowan University is properly classified as Head Grounds Worker. The appellant seeks an Assistant Supervisor of Landscape Maintenance classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-57 KISHA FINGER
Kisha Finger appeals the decision of the Division of State and Local Operations which found that her position with the Southern State Correctional Facility is properly classified as Instructional Technician, Secured Facilities. The appellant seeks an Education Program Assistant 1 classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-58 OLUWASEYI OGUNYINKA
Oluwaseyi Ogunyinka appeals the decision of the Division of State and Local Operations which found that his position with the Civil Service Commission was correctly classified as Human Resource Consultant 2. The appellant seeks a Human Resource Consultant 3 classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-59 SAHEED OLUSHI
Saheed Olushi appeals the decision of the Division of State and Local Operations which found that his position with the Civil Service Commission was correctly classified as Human Resource Consultant 1. The appellant seeks a Human Resource Consultant 2 classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-60 PATRICK BEATTY
The appeal of Patrick Beatty, a Senior Police Officer, Human Services, with the Department of Human Services, of his removal effective July 15, 2010, on charges, was heard by Acting Director and Chief Administrative Law Judge Laura Sanders (ALJ), who rendered her initial decision on December 6, 2010. At its meeting on March 16, 2011, the Civil Service Commission did not adopt the ALJ's recommendation to grant the appointing authority's motion for summary decision and dismiss the charges as moot. Rather, the Commission remanded the matter to the Office of Administrative Law for further proceedings. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (Yes)
Thomas J. Perna (Abstained)
Richard E. Williams (Yes)
B-61 INOCENCIO DONES
The appeal of Inocencio Dones, an Assistant District Parole Supervisor, Juvenile Justice, with the Juvenile Justice Commission, Department of Law and Public Safety, of his removals effective February 6, 2010, on charges, was heard by Administrative Law Judge Donald J. Stein (ALJ), who rendered his initial decision on February 10, 2011. At its meeting on March 16, 2011, the Civil Service Commission adopted the ALJ's recommendation to uphold the appellant's removal. However, the Commission did not adopt that portion of the initial decision which indicated that N.J.S.A. 40A:14-147 applied to the appellant. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (Yes)
Thomas J. Perna (Abstained)
Richard E. Williams (Yes)
B-62 ROBERT FERGUSON
The appeal of Robert Ferguson, a Senior Correction Officer at the Adult Diagnostic and Treatment Center, Department of Corrections, of his removal on charges, was heard by Administrative Law Judge Gail M. Cookson (ALJ), who rendered her initial decision on January 5, 2011. At its meeting on March 16, 2011, the Civil Service Commission adopted the ALJ's recommendation to reverse the removal. However, the Commission found it necessary to address the parameters of its August 18, 2010 remand decision. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (Yes)
Thomas J. Perna (Abstained)
Richard E. Williams (Yes)
B-63 OLIVIA GILLIARD
The appeal of Olivia Gilliard, a Senior Correction Officer at Northern State Prison, Department of Corrections, of her 45 working day suspension, on charges, was heard by Administrative Law Judge Caridad F. Rigo (ALJ), who rendered her initial decision on October 22, 2010. At its meeting on March 16, 2011, the Civil Service Commission did not adopt the ALJ's recommendation to dismiss the charges and reverse the 45 working day suspension. Rather, the Commission upheld the charge of conduct unbecoming a public employee and imposed a 10 working day suspension. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (Yes)
Thomas J. Perna (Abstained)
Richard E. Williams (Yes)
B-64 AILEEN MATIAS
The appeal of Aileen Matias, a Police Officer with the Township of Irvington Police Department, of her removal effective June 30, 2003, on charges, was heard by Administrative Law Judge Richard McGill (ALJ), who rendered his initial decision on October 21, 2010. At its meeting on March 16, 2011, the Civil Service Commission adopted the ALJ's recommendation to reverse the appellant's removal and award counsel fees. However, the Commission did not adopt the portion of the ALJ's initial decision which awarded back pay. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (Yes)
Thomas J. Perna (Abstained)
Richard E. Williams (Yes)
B-65 BRIAN BINKLEY AND TASHIRA YORK-FUNCHERS
Brian Binkley and Tashira York-Funchers appeal the determinations of the Division of Selection Services which found that they were below the minimum requirements in experience for the promotional examination for Child Support and Paternity Specialist 2 (PS5975K), Department of Human Services.
ACTION: The Civil Service Commission directed that these appeals be granted.
B-66 DONNA BURNS
Donna Burns 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 Social Work Supervisor (PC0115M), Camden County Board of Social Services.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-67 RENEE CALDWELL, ET AL.
Renee Caldwell, John Gardner and Marisol Valentin appeal the validity of the promotional examination for Investigator, Secured Facilities (PS1820I), Department of Corrections.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-68 LEONARD CALVO
Leonard Calvo appeals his score for the examination for Fire Officer 2 (PM3520L), North Hudson Regional Fire and Rescue Service.
ACTION: The Civil Service Commission directed that this appeal be denied.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-69 CELSO CASTRO
Celso Castro, represented by Robert O. Yaeger, Principal Staff Representative, Communications Workers of America, Local 1040, appeals the determination of the Division of Selection Services which found that he did not meet the requirements for the promotional examination for Assistant Engineer in Charge of Maintenance 1 (PS7606I), Department of Corrections.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-70 MICHAEL CURTIN
Michael Curtin appeals his score on the examination for Battalion Fire Chief (PM3502L), Elizabeth.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-71 SUZANNE DEANS AND EVETTE MYERS
Suzanne Deans appeals the decision of the Division of Selection Services that she did not meet the experience requirements per the substitution clause for education, while Evette Myers appeals the decision of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Technical Assistant, Personnel (PS6868I), Department of Corrections.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-72 STEPHEN DELEONARDIS
Stephen DeLeonardis 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 Assistant Municipal Recycling Coordinator (PM0467M), Gloucester Township Utilities Authority.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-73 SHARON R. GRAHAM
Sharon R. Graham 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 Administrative Analyst 3, Data Processing (PS4525I), Department of Corrections.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-74 KATHLEEN GRAY
Kathleen Gray, represented by Molly Richardson, Esq., 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 2 (PS5975K), Department of Human Services.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-75 STEVEN HADLEY
Steven Hadley, represented by Kenneth L. Wallach, Esq., appeals the determination of the Division of Selection Services, which found that he was ineligible for the promotional examination for Police Sergeant (PM5091M), Egg Harbor City.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-76 CONNIE HERNANDEZ, ET AL.
Connie Hernandez, Anthony Leak, Gaddie Somerville, Victoria Summers and Vincenty Zylma appeal the validity of the multiple choice examination for Program Support Specialist 2 Assistance Programs (PS5552K), Department of Children and Families.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-77 NEIL JIORLE
Neil Jiorle 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 Public Health Representative 3, Communicable Disease (S0209M), Statewide.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-78 MARIE KRUPINSKI
Marie Krupinski appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Assistant Business Administrator (PM0280M), Elizabeth.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-79 RON KOSZTYU
Ron Kosztyu appeals his score on the examination for Battalion Fire Chief (PM3509L), Trenton.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-80 SHANNON MARTELLO
Shannon Martello appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the promotional examination Probate Assistant (PC0422M), Camden County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-81 GEORGE PRUNES, ET AL.
George Prunes (PM7503M), Brick; Giacomo Sacca (PM7506M), Elizabeth; Keith Bendul, Stephen Gallagher and Stanley Zon (PM7508M), Fort Lee; Jason Roebuck and Robert Wiener (PM7514M), Long Branch; Michael Colwell (PM7523M), Point Pleasant; John Fitzsimmons (PM7526M), Sayreville; Michael Woodrow (PM7529M), Union Beach; James D'Andrea, Nichelle Luster and Brian Wolpert (PM7530M), Union City; and Richard Levens and Robert Martin (PM7533M), West Orange; appeal the written portion of the examination for Police Captain (various jurisdictions).
ACTION: The Civil Service Commission directed that these appeals be denied.
B-82 CARL REID, JR. AND MICHAEL ZOTTI
Carl Reid, Jr. and Michael Zotti request make-up examinations for the written portion of the examination for Fire Fighter (M9999M), various jurisdictions.
ACTION: The Civil Service Commission directed that these requests be granted.
B-83 EDWARD ROCK
Edward Rock appeals the decision of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Supervisor of Data Processing Operations (PM0273M), Atlantic City.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-84 JOHN RYAN
John Ryan appeals his score on the examination for Battalion Fire Chief (PM3502L), Elizabeth.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-85 FRANK SEIDL
Frank Seidl appeals his score on the examination for Battalion Fire Chief (PM3509L), Trenton.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-86 APARNA SHAH
Aparna Shah appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Administrative Analyst 3 (PS7062K), Department of Human Services.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-87 JASON SHANLEY
Jason Shanley appeals the determination of the Division of Selection Services that he did not meet the experience requirement for the promotional examination for Fiscal Analyst (PC0846M), Union County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-88 JOAN M. SKYERS
Joan M. Skyers appeals the determination of the Division of Selection Services which found that she did not meet the requirements for the promotional examination for Administrative Assistant 3 (PS5268R), Board of Public Utilities.
ACTION: The Civil Service Commission directed that this appeal be denied and the matter of the proper classification of appellant's current provisional position be referred to the Division of State and Local Operations for further review.
B-89 MOISES VALDES
Moises Valdes appeals his score on the examination for Fire Officer 2 (PM3520L), North Hudson Regional Fire and Rescue Service.
ACTION: The Civil Service Commission directed that this appeal be denied.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-90 GARY ZITO
Gary Zito 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 Director Health and Senior Services (PS6450H), Department of Health and Senior Services.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-91 CIVIL SERVICE COMMISSION MINUTES
Submitted for adoption are the Civil Service Commission minutes of its meeting of March 16, 2011.
ACTION: The Civil Service Commission adopted the minutes of its meeting of March 16, 2011.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (Yes)
Thomas J. Perna (Abstained)
Richard E. Williams (Yes)
B-92 EARLY SETTLEMENTS
In the Matter of Vincent Garcia
Ancora Psychiatric Hospital
Department of Human Services
Suspension
In the Matter of Timothy Nesmith
Albert C. Wagner Youth Correctional Facility
Department of Human Services
Suspension
ACTION: The Civil Service Commission acknowledged the settlements.
B-93 KEITH BOZEMAN
Keith Bozeman, an Equipment Operator with the City of Wildwood's Department of Public Works and Public Property, appeals the determination of his layoff rights by the Division of State and Local Operations.
ACTION: The Civil Service Commission directed that this appeal be granted in part.
B-94 INVESTIGATOR 1, JUDICIARY
The Division of State and Local Operations, on behalf of the Administrative Office of the Courts, requests that the provisions of N.J.A.C. 4A:4-7.6(c) be relaxed in order to allow Elizabeth Blackwood, Vyvyan Chaffin, Philip Crenshaw, Tanya Pratt, Bernardo Rivera, Robert Walters, and Shelley Webb, employees with the Judiciary, Camden Vicinage, all in the title of Youth Aide, to undergo title changes to Investigator 1 with retention of permanent status as part of a pre-layoff action.
ACTION: The Civil Service Commission granted the request.
B-95 ALTERNATE WORKWEEK PROGRAM, DEPARTMENT OF ENVIRONMENTAL PROTECTION
The Communications Workers of America, represented by Rosemarie Cipparulo, Esq., requests a stay of the approval of modification of the Department of Environmental Protection's (DEP) Alternate Workweek Program (AWP) by the Chair/Chief Executive Officer of the Civil Service Commission pending its appeal to the Superior Court of New Jersey, Appellate Division.
ACTION: The Civil Service Commission directed that the request for stay be denied and the Department of Environmental Protection's modified Alternate Workweek Program be approved.
B-96 PAID LEAVE BANK
The Communications Workers of America, the American Federation of State, County, and Municipal Employees Council 1, and the International Federation of Professional and Technical Engineers Local 195, represented by Ira W. Mintz, Esq., request a stay pending their appeal to the Superior Court of New Jersey, Appellate Division, of the adoption by the Civil Service Commission of the provisions of N.J.A.C. 4A:6-1.2(l), which treat the paid leave bank days as vacation leave and place a time limit on the use of the days.
ACTION: The Civil Service Commission directed that this request be denied.
B-97 KENNETH LITTLE
The appeal of Kenneth Little, a Senior Correction Officer with Northern State Prison, Department of corrections, of his removal effective May 7, 2010, on charges, was heard by Administrative Law Judge Mumtaz Bari-Brown (ALJ), who rendered her initial decision on January 6, 2011. At its meeting on March 16, 2011, the Civil Service Commission did not adopt the ALJ's recommendation to reverse the removal. Rather, the Commission modified the removal to a five-working day suspension. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (Yes)
Thomas J. Perna (Abstained)
Richard E. Williams (Yes)
B-98 KELLY NELSON
The appeal of Kelly Nelson, a Data Processing Technician with the City of Newark, of her resignation not in good standing, effective March 19, 2009, was heard by Administrative Law Judge Sandra Ann Robinson (ALJ), who rendered her initial decision on October 13, 2010. At its meeting on March 16, 2011, the Civil Service Commission did not adopt the ALJ's recommendation to reverse the resignation not in good standing. Rather, the Commission upheld the resignation not in good standing. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (Yes)
Thomas J. Perna (Abstained)
Richard E. Williams (Yes)
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, April 20, 2011, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
_______________________________
Robert M. Czech
Chairperson
Civil Service Commission | 
