Civil Service Commission | Meeting Minutes of April 29, 2020

Deirdré L. Webster Cobb, Chairperson

Dolores Gorczyca

Daniel W. O’Mullan

Diomedes Tsitouras

April 29, 2020

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A regular meeting of the Civil Service Commission was held on Wednesday, April 29, 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. All individuals listed participated via teleconference.

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 OF APRIL 9, 2020

CIVIL SERVICE COMMISSION MINUTES OF APRIL 15, 2020

Submitted for adoption are the Civil Service Commission minutes of its special meeting of April 9, 2020 and its regular meeting of April 15, 2020.

ACTION: The Civil Service Commission adopted the minutes of its special meeting of April 9, 2020 and its regular meeting of April 15, 2020.

SECTION A – HEARING MATTERS

A-1 SETTLEMENTS

Andrew Melendez

Township of Boonton

Department of Uniform Construction

Removal

Charles Peterson

Town of Dover

Police Department

Removal

Joseph Pizza

Borough of Point Pleasant Beach

Department of Public Works

Removal

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

ACTION: The Civil Service Commission acknowledged the settlements.

A-2 MICHAEL CHASE

Michael Chase, Police Chief, Township of Irvington, Police Department, removal effective March 11, 2016, on charges of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge – Modify the removal to a six-month suspension.

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

A-3 JOSEPH CONNORS

Joseph Connors, County Correction Lieutenant, Camden County, Department of Corrections, demotion to County Correction Officer effective September 30, 2015, on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge – Uphold the demotion.

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

A-4 RHONDA CRAWLEY

Rhonda Crawley, Recreation Assistant, New Jersey Veterans Memorial Home – Paramus, Department of Military and Veterans Affairs, removal effective November 29, 2018, on charges of violation of a rule, regulation, policy, procedure, order or administrative decision and making unwelcome sexual advances, requests for sexual favors and/or other verbal or physical conduct based on gender.

Recommendation of the Administrative Law Judge – Reverse the removal.

ACTION: The Civil Service Commission directed that this matter be remanded to the Office of Administrative Law.

VOTE: Deirdrè L. Webster Cobb (Yes)

Dolores Gorczyca (Yes)

Daniel W. O’Mullan (Yes)

Diomedes Tsitouras (No)

A-5 VALERIE HICKS

Valerie Hicks, Code Enforcement Officer, City of Newark, Department of Engineering, 15 working day suspension, on charges of insubordination, inability to perform duties, conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge – Modify the 15 working day suspension to a five working day suspension.

ACTION: The Civil Service Commission directed that this matter be held over.

A-6 MICHAEL INGRASSELINO

Michael Ingrasselino, Police Officer, Elmwood Park, Police Department, removal effective September 20, 2019, on charges including incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge – Uphold the removal.

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

A-7 RICKY MUSE

Ricky Muse, Senior Correctional Police Officer, Central Reception and Assignment Facility, Department of Corrections, removal effective August 14, 2019, on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty, falsification 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-8 THALIA TRETSIS (consolidated)

Thalia Tretsis, Sheriff’s Officer, Middlesex County, Sheriff’s Office, removals effective September 29, 2017 and November 14, 2017, on charges of inability to perform duties and other sufficient cause.

Recommendation of the Administrative Law Judge – Modify the removals to a resignation in good standing.

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

SECTION B – MISCELLANEOUS MATTERS

B-1 JASON RYAN – CSC DOCKET NO. 2020-738

Jason Ryan, a Fire Captain with the Hamilton Township Fire District Number 2, represented by Patrick P. Toscano, Esq., appeals the bypass of his name on the Deputy Fire Chief (PM3240V), Hamilton Township Fire District Number 2 eligible list.

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

B-2 VINCENT VAN TASSEL – CSC DOCKET NO. 2020-1675

Vincent Van Tassel appeals his removal from the eligible list for Correctional Police Officer (S9988A), Department of Corrections on the basis of an unsatisfactory criminal record.

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

B-3 JAMES KING – CSC DOCKET NO. 2020-1381

James King appeals the determination of the Division of Agency Services that he did not meet the experience requirements for the promotional examination for Assistant Food Service Supervisor 2 (PS9681I), Bayside State Prison.

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

B-4 RICHARD GROTH – CSC DOCKET NO. 2019-3012

Richard Groth appeals the validity of the Correctional Police Officer (S9988A) examination. It is noted that the appellant passed the subject test with a final average of 99.940 and appears at rank 64.

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

B-5 JEFFREY EVERETT – CSC DOCKET NO. 2020-273

Jeffrey Everett, a Deputy Executive Director with the State Agriculture Development Committee, appeals his ineligibility for a salary increase under the Fiscal year 2019 Management Salary Program.

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

B-6 T.S. – CSC DOCKET NO. 2020-1303

T.S., a Clinical Psychologist 2 with Ann Klein Forensic Center, Department of Health, appeals the decision of the Commissioner, which did not substantiate her allegation that she 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-7 STEVEN DEJESUS – CSC DOCKET NO. 2019-3070

Steven DeJesus, represented by Bette R. Grayson, Esq., appeals the removal of his name from the Police Officer (S9999U), South Orange, eligible list.

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

B-8 SAUDAH SHABAZZ – CSC DOCKET NO. 2020-1873

Saudah Shabazz appeals the decision to remove her name from the Correctional Police Officer (S9988A), Department of Corrections, eligible list on the basis of falsification of her application.

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

B-9 AMELIA CANTELME – CSC DOCKET NO. 2020-1198

Amelia Cantelme appeals the decision of the Division of Agency Services, which found that her position with Essex County is properly classified as Keyboarding Clerk 2. The appellant seeks a Keyboarding Clerk 3 job classification.

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

B-10 SAMANTHA HENSEN – CSC DOCKET NO. 2020-2110

Samantha Hensen appeals the decision of the Division of Agency Services which found that her position with the Department of Environmental Protection is properly classified as an Assistant Regional Forester. The appellant seeks a Regional Forester job classification.

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

B-11 MARY MENDEZ – CSC DOCKET NO. 2020-1691

The appointing authority appeals the decision of the Division of Agency Services which found that Mary Mendez’s position with Vineland is properly classified as Customer Service Representative. It does not request a specific classification in this proceeding.

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

B-12 JARINE SMITH – CSC DOCKET NO. 2020-2332

Jarine Smith appeals the determination of the Division of Agency Services that the proper classification of her position with the Department of the Treasury is Pensions Benefits Specialist 1. The appellant seeks a Pensions Benefits Specialist 2 job classification.

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

B-13 DEBRA PRIOLO-ALLEN – CSC DOCKET NO. 2020-1695

Debra Priolo-Allen appeals the decision of the Division of Agency Services which found that her position with the Department of Law and Public Safety is properly classified as Program Specialist 2. The appellant seeks an Executive Assistant 2 or Program Specialist 3 job classification.

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

B-14 SHONTAI BRYANT – CSC DOCKET NO. 2020-2278

Shontai Bryant appeals the determination of the Division of Agency Services that she did not meet the requirements for the promotional examination for Secretarial Assistant 2, Non-Stenographic (PS0779T), Department of Transportation.

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

B-15 CAROL CANALE – CSC DOCKET NO. 2020-2098

Carol Canale appeals the determination of the Division of Agency Services that she did not meet the experience requirements for the promotional examination for Building Management Services Specialist 1 (PS0316H), Ancora Psychiatric Hospital.

ACTION: The Civil Service Commission directed that this appeal be denied and the matter of the classification of the appellant’s position be referred to Agency Services for review.

B-16 ENRIQUE CORTES, ET AL. – CSC DOCKET NOS. 2020-990, ET AL.

Enrique Cortes, Erma Sturdivant and Clara Vinson appeal the determinations of the Division of Agency Services which found that they did not meet the minimum experience requirements, per the substitution clause for education, for the promotional examination for Assistant Food Service Supervisor 1 (PS9207I), South Woods State Prison.

ACTION: The Civil Service Commission directed that these appeals be granted and the matter of the job specifications for the food service and cooking title series used in the Department of Corrections be referred to Agency Services for review.

B-17 BETTE FELDEISEN – CSC DOCKET NO. 2020-2280

Bette Feldeisen appeals the decision of the Division of Agency Services that she did not meet the experience requirements for the promotional examination for Assistant Supervisor of Building Repairs, (PS0530J), Richard Stockton University.

ACTION: The Civil Service Commission directed that this appeal be denied and the matter of the classification of the appellant’s position be referred to Agency Services for review.

B-18 JOSHUA FOX – CSC DOCKET NO. 2020-2094

Joshua Fox appeals the determination of the Division of Agency Services that he did not meet the experience requirements for the promotional examination for Sewer Repairer 1/Water Repairer 1 (PM1314A), Seaside Park.

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

B-19 CHARLES RICHARDSON – CSC DOCKET NO. 2020-1794

Charles Richardson appeals the determination of the Division of Agency Services which found that he did not meet the experience requirements for the promotional examination for Building Superintendent (PM0013A), Trenton.

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

B-20 MIRANDA ROBINSON – CSC DOCKET NO. 2020-2321

Miranda Robinson appeals the determination of the Division of Agency Services which found that she did not meet the minimum requirements in experience for the promotional examination for Technical Support Specialist 1 (PC1172A), Bergen County.

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

B-21 LAWRENCE SCHAFFER – CSC DOCKET NO. 2020-1970

Lawrence Schaffer appeals the determination of the Division of Agency Services that he did not meet the experience requirements for the promotional examination for Cook-12 months (PS5652K), Woodbine Developmental Center.

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

B-22 RICHARD TIER – CSC DOCKET NO. 2020-1587

Richard Tier appeals the determination of the Division of Agency Services which found that he did not meet the minimum requirements in experience for the open-competitive examination for Maintenance Supervisor, Grounds (M0646A), Long Branch.

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

B-23 JUDICIARY CLERK 3, BILINGUAL IN SPANISH/ENGLISH (S0629P), VICINAGE 9 (MONMOUTH COUNTY), JUDICIARY – CSC DOCKET NO. 2020-1232

The Division of Agency Services requests that Vicinage 9 (Monmouth County) of the Judiciary be ordered to return the December 30, 2012 certification (OS120810) of the eligible list for Judiciary Clerk 3, Bilingual in Spanish/English (S0629P) for proper disposition.

ACTION: The Civil Service Commission ordered that the certification be cancelled and the appointing authority be assessed a $1,000 fine for non-compliance.

B-24 SYLVIA PEARCE – CSC DOCKET NO. 2020-1418

Sylvia Pearce appeals her rank and score for the promotional examination for Environmental Specialist 3 (PS9652G), Department of Environmental Protection.

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

B-25 CAROLYN SYLVESTER – CSC DOCKET NO. 2020-1590

Carolyn Sylvester, petitions the Civil Service Commission for reconsideration of the decision rendered on September 10, 2019, which denied her appeal regarding her ineligibility for the promotional examination for Buyer (PC2336W), Sussex County.

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

B-26 JEFFREY KOWALSKI, ET AL. – CSC DOCKET NOS. 2020-2426, ET AL.

Jeffrey Kowalski, Michael Saulnier, Shawn Smith and Adam Wenstrom request reconsideration of In the Matter of Jeffrey Kowalski, et al. (CSC, decided February 12, 2020) where the Civil Service Commission denied their request to adjust their salaries to Step 4 or Step 5 of their respective salary ranges.

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

VOTE: Deirdrè L. Webster Cobb (Yes)

Dolores Gorczyca (Recuse)

Daniel W. O’Mullan (Yes)

Diomedes Tsitouras (Yes)

B-27 S.O. – CSC DOCKET NO. 2020-1685

S.O., an Environmental Engineer 3 with the Department of Environmental Protection, appeals the decision of the Director, Office of Diversity, Equal Opportunity and Public Contract Assistance, 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-28 RACHELLE ADISSON – CSC DOCKET NO. 2020-1790

Rachelle Adisson appeals the decision of the Division of Agency Services which found that, per the substitution clause for education, she did not meet the experience requirements for the open-competitive examination for Director Community Development Program (M0613A), Newark.

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

VOTE: Deirdrè L. Webster Cobb (Yes)

Dolores Gorczyca (Recuse)

Daniel W. O’Mullan (Yes)

Diomedes Tsitouras (Yes)

B-29 MARGARET GRECO – CSC DOCKET NO. 2020-100

Margaret Greco appeals the determination of the Division of Agency Services which found that she was below the minimum requirements in experience for the open competitive examination for Personnel Assistant 1 (S2154W), Statewide.

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

VOTE: Deirdrè L. Webster Cobb (Recuse)

Dolores Gorczyca (Yes)

Daniel W. O’Mullan (Yes)

Diomedes Tsitouras (Yes)

B-30 JUSTIN KOO – CSC DOCKET NO. 2019-3044

Justin Koo appeals the determination of the Division of Agency Services which found that he was below the minimum requirements in experience for the open competitive examination for Technician Management Information Systems (S0767W).

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

B-31 SOPHIA PROCTOR – CSC DOCKET NO. 2019-3667

Sophia Proctor appeals the determination of the Division of Agency Services which found that she was below the minimum requirements in experience for the open competitive examination for Principal Community Program Specialist (S2050W), Statewide.

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

B-32 JANICE TAYLOR AND ANN MARIE WRAY – CSC DOCKET NOS. 2020-2162 AND 2020-2071

Janice A. Taylor and Ann Marie Wray appeal their ineligibility for the promotional examination for Human Services Technician (PS0640E), Department of Military and Veterans Affairs.

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

B-33 J.D. – CSC DOCKET NOS. 2019-1279

J.D. appeals the decision of the appointing authority to remove his name from the Correctional Police Officer (S9988V), 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-34 ANGEL HERRERA – CSC DOCKET NO. 2019-3478

Angel Herrera appeals the removal of his name from the Correctional Police Officer (S9988V), Department of Corrections eligible list on the basis on an unsatisfactory background report.

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

B-35 ANJI ALBUS – CSC DOCKET NO. 2019-2547

Anji Albis, a Human Services Specialist 1 with the Ocean County Board of Social Services, requests enforcement of In the Matter of Anji Albis (CSC, decided January 16, 2019), which granted her back pay, benefits and seniority pursuant to N.J.A.C. 4A:2-2.10.

ACTION: The Civil Service Commission directed that this request be granted and Albus be awarded $27,424 in gross back pay for the time frame noted and benefits as specified.

B-36 F.C. – CSC DOCKET NO. 2020-730

F.C., a former Administrative Analyst 4, Fiscal Management with the Office of the Public Guardian (OPG), Department of Human Services, appeals the determination of the Chief of Staff, which found that the appellant failed to present sufficient evidence to support a finding that he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace (State Policy).

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

B-37 F.S.– CSC DOCKET NO. 2019-1899

F.S., represented by Giovanna Giampa, 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 (S9999U) 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-38 YOLANDA REID – CSC DOCKET NO. 2018-1838

Yolanda Reid, a Project Coordinator, Construction, City of Newark, represented by Lynsey A. Stehling, Esq., requests differential backpay from November 2016 to the present.

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

VOTE: Deirdrè L. Webster Cobb (Yes)

Dolores Gorczyca (Recuse)

Daniel W. O’Mullan (Yes)

Diomedes Tsitouras (Yes)

B-39 COVID-19 TEMPORARY RULE RELAXATIONS

Proposed Notice of Adoption for Temporary Rule Relaxations and Modifications to various provisions of N.J.A.C. 4A in accordance with Section 6 of Executive Order 103, issued in response to the COVID-19 pandemic.

ACTION: The Civil Service Commission approved the proposed rule relaxations and modifications for publication in the New Jersey Register.

PUBLIC PORTION

No comments.

There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, May 20, 2020, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.