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Deirdré L. Webster Cobb, Chairperson
Dolores Gorczyca
Daniel W. O’Mullan
APRIL 24, 2019
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A regular meeting of the Civil Service Commission was held on Wednesday, April 24, 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 December 20, 2018, 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 April 17, 2019.
ACTION: The Civil Service Commission adopted the minutes of its meeting on April 17, 2019.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Jessica Montanez, County Correction Officer, Middlesex County, Department of Corrections, removal.
Jessica Montanez, County Correction Officer, Middlesex County, Department of Corrections, removal.
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:
John Pinto, Laborer 1, Town of West New York, Department of Public Works, removal.
Randy Butler, Human Services Assistant, Woodbine Developmental Center, Department of Human Services, removal.
ACTION: The Civil Service Commission noted the dismissal of appeals without prejudice.
SECTION A – HEARING MATTERS
A-1 SETTLEMENTS
Steven Cruz
Essex County
Department of Public Safety
Removal (consolidated)
Mauro DiPietrantonio
Motor Vehicle Commission
Release at the end of the working test period
Darryl Harper
City of Newark
Department of Public Safety
Suspension
Remoe Kennedy
Trenton Psychiatric Hospital
Department of Health
Removal
Stephanie Marte
Bergen County
Board of Social Service
Suspension
Terrell McDonald
Hudson County
Department of Family Services
Suspension
Raul Mier
North Hudson Regional Fire and Rescue
Suspension
Hosea Sneed
City of Newark
Department of Water and Sewer
Removal
Regina Willis
Juvenile Justice Commission
Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES – SETTLEMENT
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 MICHELLE ADAMS
Michelle Adams, Judiciary Clerk 2, Camden Vicinage, Judiciary, removal effective March 27, 2018 on charges of failure to perform duties, insubordination, 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.
A-3 CORY CURTIS
Cory Curtis, County Correction Officer, Cape May County Sheriff’s Office, removal effective August 10, 2017 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-4 MARKIDAH GIBSON
Markidah Gibson, County Correction Officer, Mercer County Corrections Center, 25 working day suspension on charges of chronic or excessive absenteeism or lateness, conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge – Uphold the 25 working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-5 RAMOGI GODING
Ramogi Goding, County Correction Officer, Hudson County, Department of Corrections, removal effective September 12, 2018 on charges of conduct unbecoming a public employee, neglect of duty 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.
A-6 M.M.
M.M., Clinical Psychologist 2, Ancora Psychiatric Hospital, Department of Health, appeals the determination of the Assistant Commissioner, Department of Human Services, 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 Work Place.
Recommendation of the Administrative Law Judge – Deny the appeal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-7 KHALID NASH
Khalid Nash, County Correction Officer, Essex County, Department of Corrections, 12 working day suspension on charges of conduct unbecoming a public employee, neglect of duty and other sufficient cause.
Recommendation of the Administrative Law Judge – Uphold the 12 working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
SECTION B – MISCELLANEOUS MATTERS
B-1 FORTUNATO MONTELLA – CSC DOCKET NO. 2018-1061
Fortunato Montella appeals the removal of his name from the eligible list for Police Sergeant (PM5117M), Stanhope, on the basis of an unsatisfactory employment record.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-2 ANGEL ROMAN – CSC DOCKET NO. 2019-1013
Angel Roman appeals the removal of his name from the eligible list for Police Officer (S9999U), Plainfield on the basis that he did not complete preemployment processing.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-3 FRANCESCA ZAPPELLA – CSC DOCKET NO. 2019-2526
Francesca Zappella appeals the removal of her name from the Firefighter (M1544T), Jersey City eligible list due to her failure to appear for the Physical Performance Test.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-4 DIETICIAN (M0080V), PLAINFIELD – CSC DOCKET NO. 2019-1982
Plainfield requests permission not to make an appointment from the July 16, 2018 certification for Dietician (M0080V).
ACTION: The Civil Service Commission granted the appointment waiver and assessed selection costs in the amount of $2,048.
B-5 REBECCA BREITENBACH AND DEVON MCELLEN – CSC DOCKET NOS. 2019-2333 AND 2019-2218
Rebecca Breitenbach and Devon McEllen appeal the determinations of the Division of Agency Services that they are not eligible for the open competitive examination for Radio Dispatcher Typing (C0876W), Ocean County.
ACTION: The Civil Service Commission directed that these appeals be granted.
B-6 MARJORIE ORTIZ – CSC DOCKET NO. 2019-1993
Marjorie Ortiz appeals the determination of the Division of Agency Services, which found that, per the substitution clause for education, she did not meet the experience requirement for the promotional examination for Program Specialist 1 Social/Human Services (PS7280H), Ancora Psychiatric Hospital, Department of Health.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-7 WILLIAM DALY – CSC DOCKET NO. 2019-1957
William Daly requests to be permitted to submit an application for the promotional examination for County Correction Lieutenant (PC2914W), Bergen County after the filing deadline.
ACTION: The Civil Service Commission directed that this request be denied.
B-8 DAVID KORZUN – CSC DOCKET NO. 2019-2645
David Korzun appeals his score for the oral portion of the promotional examination for Fire Captain (PM1019V), Bayonne.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-9 JOEY LARINO – CSC DOCKET NO. 2019-2334
Joey Larino appeals his score for the oral portion of the promotional examination for Fire Captain (PM1019V), Bayonne.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-10 WILLIAM MUNOZ – CSC DOCKET NO. 2019-2199
William Munoz appeals his score for the oral portion of the promotional examination for Fire Captain (PM1019V), Bayonne.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-11 MICHAEL PELLICCIO – CSC DOCKET NO. 2019-2340
Michael Pelliccio appeals his score for the oral portion of the promotional examination for Fire Captain (PM1019V), Bayonne.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-12 JONATHAN NOURSE – CSC DOCKET NO. 2019-2358
Jonathan Nourse appeals his score for the oral portion of the promotional examination for Fire Lieutenant (PM1073V), Clifton.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-13 RAUL DELVALLE, JR. – CSC DOCKET NO. 2019-2173
Raul DelValle, Jr., appeals his score for the oral portion of the promotional examination for Fire Captain (PM1058V), Trenton.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-14 SCOT FANNING – CSC DOCKET NO. 2019-2137
Scot Fanning appeals his score for the oral portion of the promotional examination for Fire Captain (PM1058V), Trenton.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-15 ERIC MILLER – CSC DOCKET NO. 2019-2228
Eric Miller appeals his score for the oral portion of the promotional examination for Fire Captain (PM1058V), Trenton.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-16 ANGELO TEDESCO, JR. – CSC DOCKET NO. 2019-2402
Angelo Tedesco, Jr., appeals his score for the oral portion of the promotional examination for Fire Captain (PM1060V), West Orange.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-17 RANA ELSAYED – CSC DOCKET NO. 2019-2509
Rana Elsayed, a Social Rehabilitation Specialist, Penal Institution with Hudson County, represented by Timothy J. Prol, Esq., petitions the Civil Service Commission for interim relief of her indefinite suspension.
ACTION: The Civil Service Commission directed that this petition be granted in part.
B-18 BETTY RAMOS – CSC DOCKET NO. 2019-865
Betty Ramos, a Police Officer with Irvington Township, represented by Peter B. Paris, Esq., seeks enforcement of the Civil Service Commission decision rendered on July 18, 2018, awarding counsel fees.
ACTION: The Civil Service Commission granted $16,354 in counsel fees and $676.95 in costs.
B-19 EQUINA TAYLOR – CSC DOCKET NO. 2019-1945
Equina Taylor, a Cottage Training Technician at Vineland Developmental Center, Department of Human Services, represented by John P. Morris, Esq., requests reconsideration of the Civil Service Commission’s October 2, 2018 dismissal of the appeal of her removal, based on her failure to appear at an August 30, 2018 settlement conference at the Office of Administrative Law.
ACTION: The Civil Service Commission directed that this request be granted.
B-20 J.B. – CSC DOCKET NO. 2019-419
J.B., an Investigator 1 with the Department of Banking and Insurance (DOBI), appeals the determination of the Chief of Staff, DOBI, which found that the appellant violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-21 WESLEY PETERS, ET AL. – CSC DOCKET NOS. 2019-1223, ET AL.
Wesley Peters, Jakari Lee and Antonio Melendez, all County Correction Officers with Union County, represented by Peter B. Paris, Esq., Michael P. DeRose, Esq., and Michael J. Mitzner, Esq., respectively, petition the Civil Service Commission for interim relief in relation to their immediate suspensions, effective October 19, 2018.
ACTION: The Civil Service Commission directed that these petitions be granted in part.
B-22 ANTHONY SOCIA, III – CSC DOCKET NO. 2019-1234
Anthony Socia, III, represented by Michael L. Prigoff, Esq., appeals his removal from the eligible list for Police Officer (S9999U), Holmdel on the basis that he falsified his application.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-23 J.V. – CSC DOCKET NO. 2019-1693
J.V. appeals the removal of his name from the Correctional Police Officer (S9988V), Department of Corrections eligible list based of an unsatisfactory employment record and an unsatisfactory criminal record.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-24 ROBERT WHITE – CSC DOCKET NO. 2019-1388
Robert White appeals his removal from the eligible list for Human Services Specialist 1 (C0129W), Atlantic County based on an unsatisfactory background report.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-25 JEWEL HAUGHTON – CSC DOCKET NO. 2019-1312
Jewel Haughton appeals the determination of the Division of Agency Services that she did not meet the experience requirements for the open competitive examination for Investigator, County Medical Examiner’s Office (C0335W), Ocean County.
ACTION: The Civil Service Commission directed that this appeal be denied.
PUBLIC PORTION
Jakari Lee asked a question about Item B-21. The Chair referred him to speak with Director Myers at the conclusion of the meeting.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Thursday, May 9, 2019, at 9:00 a.m., at 3 Station Plaza, Trenton, New Jersey.