Civil Service Commission | Meeting Minutes of April 17, 2019

Deirdré L. Webster Cobb, Chairperson

Dolores Gorczyca

Daniel W. O’Mullan

APRIL 17, 2019

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A regular meeting of the Civil Service Commission was held on Wednesday, April 17, 2019, at 10:00 a.m., in Trenton, New Jersey.

PRESENT: Deirdré L. Webster Cobb, Chairperson, Members Dolores Gorczyca and Daniel W. O’Mullan; Pamela 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 April 3, 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 March 27, 2019.

ACTION: The Civil Service Commission adopted the minutes of its meeting on March 27, 2019.

WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the hearing calendar:

Regina Boykin, Family Services Specialist 2, Department of Children and Families, release at the end of the working test period.

William J. Brennan, Senior Engineering Aide, Atlantic County, Department of Planning, layoff.

Terence Thurber, Engineering Aide, Atlantic County, Department of Planning, layoff.

Justina M. Rugar, Public Safety Telecommunicator, City of Hoboken, Department of Public Safety, removal.

Bethzaida Vallejo, Police Officer, City of Newark, Department of Public Safety, suspension.

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

SECTION A – HEARING MATTERS

A-1 SETTLEMENTS

Veronica Bonilla

Passaic County

Sheriff’s Department

Suspension

Cleodis Mobley

Ancora Psychiatric Hospital

Department of Health

Suspension

Patricia Pulley

Ancora Psychiatric Hospital

Department of Health

Five removals (consolidated)

Keith Scheper

South Orange

Department of Public Safety

Demotion

Robert Varesio

South Woods State Prison

Department of Corrections

Suspension

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

ACTION: The Civil Service Commission acknowledged the settlements.

A-2 MICHAEL MEFFEN

Michael Meffen, Investigator, Bergen Vicinage, Judiciary, removal effective March 30, 2018 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.

A-3 LETICIA ORTIZ

Leticia Ortiz, Custodial Worker, Newark School District, 15 working day suspension on charges of insubordination, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge – Grant the motion for summary decision and dismiss the appeal.

ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

A-4 MELVIN ROBINSON

Melvin Robinson, Senior Correctional Police Officer, Albert C. Wagner Youth Correctional Facility, Department of Corrections, 120 working day suspension on charges of conduct unbecoming a public employee, insubordination, and other sufficient cause.

Recommendation of the Administrative Law Judge – Reverse the 120 working day suspension.

ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

SECTION B – MISCELLANEOUS MATTERS

B-1 MICHAEL CRISTADORO – CSC DOCKET NO. 2019-244

Michael Cristadoro appeals the removal of his name from the eligible list for Correctional Police Officer (S9999U), Juvenile Justice Commission due to his failure to complete pre-employment processing.

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

B-2 ALIYAH PATRICK – CSC DOCKET NO. 2019-2106

Aliyah Patrick appeals the removal of her name from the Correctional Police Officer (S9988U), Department of Corrections, eligible list.

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

B-3 DIEGO TROYA – CSC DOCKET NOS. 2019-1241, ET AL.

Diego Troya appeals his removal from the eligible list for Police Officer (S9999U), Kearny, due to his failure to complete preemployment processing. He also appeals his removal from the eligible list for East Orange and Parsippany-Troy Hills for failure to respond to the certification notices.

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

B-4 MEGAN WATTS – CSC DOCKET NO. 2019-1301

Megan Watts requests that her name be restored to the S9999U Entry Level Law Enforcement Examination for all police titles, and that her name be added to the October 9, 2018 certification (OL181073) for Police Officer (S9999U), Pennsauken Township.

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

B-5 SOCIAL WORKER INSTITUTIONS, BILINGUAL IN SPANISH AND ENGLISH (C0840V), MIDDLESEX COUNTY – CSC DOCKET NO. 2019-1634

Middlesex County requests permission not to make an appointment from the certification for Social Worker Institutions, Bilingual in Spanish and English (C0840V).

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

B-6 DARLENE NIXON – CSC DOCKET NO. 2019-864

Darlene Nixon appeals the determination of the Division of Agency Services that her position with the Department of the Treasury was properly classified as Data Entry Operator 2.

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

B-7 MARIE RANGASWAMY – CSC DOCKET NO. 2019-2070

Marie Rangaswamy appeals the determination of the Division of Agency Services that she did not meet the experience requirements for the promotional examination for Social Worker (PC0861W), Monmouth County.

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

B-8 JASON HOLOBINKO – CSC DOCKET NO. 2019-2345

The Division of Agency Services, on behalf of Linden, requests that Jason Holobinko be provided with a retroactive regular appointment to the title of Fire Captain, effective January 1, 2018.

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

B-9 MICHAEL MCCOY – CSC DOCKET NO. 2019-2152

The Division of Agency Services, on behalf of Monroe Township, requests a retroactive appointment to the title of Truck Driver for Michael McCoy.

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

B-10 MONICA MILLER – CSC DOCKET NO. 2019-1211

Monica Miller, a former Correctional Police Sergeant with Northern State Prison, represented by Luretha M. Stribling, Esq., requests a retroactive appointment as a Correctional Police Lieutenant.

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

B-11 CHRISTIAN RAMIREZ – CSC DOCKET NO. 2019-2073

Christian Ramirez appeals his disqualification from the examination for Firefighter (M9999W).

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

B-12 ANTHONY GRAVES – CSC DOCKET NO. 2019-1974

Anthony Graves, a Fire Captain with Newark, represented by Tisha N. Adams, Esq., petitions the Civil Service Commission for interim relief regarding his indefinite suspension.

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

B-13 BRIELLE DEPUGH – CSC DOCKET NO. 2019-2341

Brielle DePugh, an Assistant Family Service Worker 1 with the Department of Children and Families, petitions the Civil Service Commission for reconsideration of the decision rendered on February 4, 2019, in which the Director of the Division of Appeals and Regulatory Affairs denied her request for a hearing with respect to her release at the end of the working test period.

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

B-14 YAMALIS DIAZ – CSC DOCKET NO. 2018-3193

Yamalis Diaz, represented by William B. Hildebrand, Esq., petitions the Civil Service Commission for reconsideration of its final administrative decision, rendered on April 4, 2018, in which the Commission modified her 30 working day suspension to a 15 working day suspension.

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

B-15 VINCENT FISCELLA, JR. - CSC DOCKET NO. 2019-2748

The Appellate Division, Superior Court of New Jersey, reversed and remanded the determination of the Civil Service Commission (Commission), In the Matter of Vincent Fiscella, Township of Belleville, Department of Public Works (CSC, decided October 19, 2016), which denied the appellant’s request for reconsideration and his request for additional counsel fees. Additionally, the Appellate Division remanded the determination of the Commission, In the Matter of Vincent Fiscella, Township of Belleville, Department of Public Works (CSC, decided March 27, 2018), where the Commission determined the hourly rates and the number of hours that were billable for the counsel fee award.

ACTION: The Civil Service Commission directed that counsel fees be awarded in the amount of $116,547.50 and costs in the amount of $1,806.90

B-16 PLAMEN KARAMANSKI – CSC DOCKET NO. 2019-1813

Plamen Karamanski, represented by Corey M. Sergeant, Esq., petitions the Civil Service Commission to rescind his withdrawal from the eligible list for Police Officer (S9999U), Jersey City on the basis that he lacks the required background.

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

B-17 LAVINIA BOYD – CSC DOCKET NO. 2019-2507

Lavinia Boyd, represented by Duwaine Walker, Staff Representative, Communications Workers of America Local 1040, petitions the Civil Service Commission to retake the typing test for a qualifying examination for Senior Clerk Typist.

ACTION: The Civil Service Commission directed that this petition be denied and the appellant’s permanent title shall be reclassified as Senior Clerk.

B-18 JONATHAN JENKINS – CSC DOCKET NO. 2018-889

Irvington Township requests that the provisions of N.J.A.C. 4A:4-7.1A(a) be relaxed in order to permit the retroactive intergovernmental transfer of Jonathan Jenkins from the title of Police Officer, Newark, to the title of Police Officer, Irvington. Mr. Jenkins also requests admittance to the promotional examination for Police Sergeant (PM0812V), Irvington.

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

B-19 JOSE RODRIGUEZ – CSC DOCKET NO. 2019-139

Egg Harbor City requests that the provisions of N.J.A.C. 4A:4-7.1A(b) be relaxed in order to permit the intergovernmental transfer of Jose Rodriguez from the title of Sheriff’s Officer, Cumberland County Sheriff’s Office, to the title of Police Officer, Egg Harbor City.

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

B-20 JYVAUN WILLIAMS – CSC DOCKET NO. 2019-469

Jyvaun Williams, an Information Technology Specialist with the Division of Law and Public Safety, Division of State Policy, requests a waiver of repayment of a salary overpayment, pursuant to N.J.S.A. 11A:3-7.

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

B-21 L.J. – CSC DOCKET NO. 2019-1237

L.J., a former Assistant Supervisor 1, Administrative Services with William Paterson University, requests reconsideration of the final decision, rendered on October 3, 2018, which found that he 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 request be denied.

B-22 MARK FOURNIER – CSC DOCKET NO. 2019-2181

Mark Fournier appeals the determination of the Division of Agency Services that he did not meet the experience requirement for the promotional examination for Program Specialist 4 Social/Human Services (PS7435I), Department of Corrections.

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

B-23 CHRISTOPHER SANTIAGO – CSC DOCKET NO. 2019-1468

The Borough of Point Pleasant, represented by Christopher K. Koutsouris, Esq., on behalf of Christopher Santiago, appeals the determination of the Division of Agency Services that he did not meet the experience requirements for the promotional examination for Assistant Director of Finance (M0716V), Point Pleasant. Additionally, Point Pleasant’s failure to dispose of the certification for Assistant Director of Finance (M0716V), Point Pleasant, while a provisional is serving in the title, has been referred to the Civil Service Commission for enforcement.

ACTION: The Civil Service Commission directed that this appeal be denied, and the appointing authority is ordered to properly dispose of the certification.

B-24 TIMOTHY READ – CSC DOCKET NO. 2019-2204

Timothy Read appeals the determination of the Division of Agency Services which found that he was below the minimum requirements in experience for a qualifying examination for Storekeeper 2.

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

B-25 STEVEN CRESPO – CSC DOCKET NO. 2018-3002

Steven Crespo appeals the appointing authority’s request to remove his name from the eligible list for Fire Fighter (M1539T), Hoboken, on the basis of his unsatisfactory criminal record.

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

B-26 KYLE PIAZZA – CSC DOCKET NO. 2019-1788

Kyle Piazza appeals the decision of the Division of Agency Services that the proper classification of his position with the Department of Health is Senior Therapy Program Assistant.

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

B-27 PIETRO VELARDI – CSC DOCKET NO. 2019-2690

Pietro Velardi, represented by Craig Gumpel, Esq., requests reconsideration of the decision rendered on February 20, 2018, concerning his removal from the Fire Fighter (M1513T), Clifton eligible list due to his failure to appear for the Physical Performance Test.

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

B-28 JARNEL WILLIAMS – CSC DOCKET NO. 2019-2172

Jarnel Williams appeals his score for the oral portion of the promotional examination for Fire Captain (PM1038V), Hillside.

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

B-29 FABIO COLOGNA – CSC DOCKET NO. 2019-2488

Fabio Cologna appeals his score for the oral portion of the promotional examination for Fire Captain (PM1039V), Hoboken.

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

B-30 PATRICK HILGER – CSC DOCKET NO. 2019-2581

Patrick Hilger appeals his score for the oral portion of the promotional examination for Fire Lieutenant (PM1079V), Jackson.

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

B-31 JOSEPH GRAY – CSC DOCKET NO. 2019-2496

Joseph Gray appeals his score for the oral portion of the promotional examination for Fire Lieutenant (PM1083V), Long Branch.

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

B-32 TIMOTHY GRIFFIN – CSC DOCKET NO. 2019-2099

Timothy Griffin appeals his score for the oral portion of the promotional examination for Fire Lieutenant (PM1083V), Long Branch.

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

B-33 SEAN SLAVIN – CSC DOCKET NO. 2019-2403

Sean Slavin appeals his score for the oral portion of the promotional examination for Fire Captain (PM1044V), Millburn.

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

B-34 SCOTT LOYEK – CSC DOCKET NO. 2019-2532

Scott Loyek appeals his score for the oral portion of the promotional examination for Fire Captain (PM1045V), Morristown.

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

B-35 JOSEPH CARMAN – CSC DOCKET NO. 2019-2200

Joseph Carman appeals his score for the oral portion of the promotional examination for Fire Lieutenant (PM1086V), New Brunswick.

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

B-36 SCOTT DELLA SALLA -CSC DOCKET NO. 2019-2505

Scott Della Salla appeals his score for the oral portion of the promotional examination for Fire Officer 1 (PM1100V), North Hudson Regional Fire and Rescue Service.

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

B-37 SAMUEL GRIGLIO – CSC DOCKET NO. 2019-2401

Samuel Griglio appeals his score for the oral portion of the promotional examination for Fire Officer 1 (PM1100V), North Hudson Regional Fire and Rescue Service.

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

B-38 BRIAN TESTINO – CSC DOCKET NO. 2019-2681

Brian Testino appeals his score for the oral portion of the promotional examination for Fire Officer 1 (PM1100V), North Hudson Regional Fire and Rescue Service.

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

B-39 NICHOLAS FOGLIO – CSC DOCKET NO. 2019-2234

Nicholas Foglio appeals his score for the oral portion of the promotional examination for Fire Captain (PM1049V), Ocean City.

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

B-40 MALCOLM ALSTON – CSC DOCKET NO. 2019-2357

Malcolm Alston appeals his score for the oral portion of the promotional examination for Fire Lieutenant (PM1090V), Plainfield.

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

B-41 MELVIN RODGERS II – CSC DOCKET NO. 2019-2171

Melvin Rodgers II appeals his score for the oral portion of the promotional examination for Fire Captain (PM1057V), Roselle.

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

B-42 C.H. – CSC DOCKET NO. 2018-839

C.H. appeals the request by the City of Clifton to remove his name from the Fire Fighter (M1513T) eligible list for medical unfitness to perform effectively the duties of the position.

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

B-43 J.J. – CSC DOCKET NO. 2018-3422

J.J. appeals the request by the City of Newark to remove his name from the Police Officer (S9999U) eligible list for medical unfitness to perform effectively the duties of the position.

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

B-44 N.S. – CSC DOCKET NO. 2018-3434

N.S. appeals the request by the City of Newark to remove his name from the Police Officer (S9999U) eligible list for medical unfitness to perform effectively the duties of the position.

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

B-45 D.F. – CSC DOCKET NO. 2018-229

D.F. appeals the request by the Township of Bloomfield to remove his name from the Police Officer (S9999U) eligible list for medical unfitness to perform effectively the duties of the position.

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

PUBLIC PORTION

No comment.

There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, April 24, 2019, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.