Civil Service Commission | Meeting Minutes of May 9, 2019

Deirdré L. Webster Cobb, Chairperson

Dolores Gorczyca

Daniel W. O’Mullan

MAY 9, 2019

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A regular meeting of the Civil Service Commission was held on Thursday, May 9, 2019, at 9:00 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 November 22, 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 April 24, 2019.

ACTION: The Civil Service Commission adopted the minutes of its meeting on April 24, 2019.

WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the hearing calendar:

John Clarizio, Police Officer, Township of Belleville, Police Department, removal.

German Diaz, Senior Correction Officer, Southern State Correctional Facility, Department of Corrections, suspension.

Kimberly Lebron, Keyboarding Clerk 2, Vineland School District, removal.

Diane Ortiz, County Correction Officer, Cumberland County, Department of Corrections, suspension.

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

SECTION A – HEARING MATTERS

A-1 SETTLEMENTS

Evan Androcy

Township of Lacey

Police Department

Removal

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

Christopher Ballin

Town of Hammonton

Department of Highways

Suspension

Hanif Davis (consolidated)

City of East Orange

Department of Public Safety

Release at the end of the working test period and removal

German Diaz

Southern State Correctional Facility

Department of Corrections

Suspension

Randy Einfalt

Camden County

Board of Social Services

Suspension

Cesar Munoz

City of Newark

Department of Public Safety

Suspension

Lester Thompson

Northern State Prison

Department of Corrections

Suspension

Shawn Traynham

City of Newark

Department of Engineering

Suspension

Gigi Wearing

Hudson County

Sheriff’s Department

Removal

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

ACTION: The Civil Service Commission acknowledged the settlements.

A-2 CHRISTOPHER D’AMICO

Christopher D’Amico, Fire Fighter, City of Plainfield, Fire Department, removal effective September 8, 2017 on charges of falsification.

Recommendation of the Administrative Law Judge – Reverse the removal.

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

VOTE: Deirdrè L. Webster Cobb (Yes)

Dolores Gorczyca (Yes)

Daniel W. O’Mullan (No)

A-3 BRIAN HARKINS (consolidated)

Brian Harkins, Police Sergeant, North Wildwood, Police Department, 10 and 20 working day suspensions on charges of conduct unbecoming a public employee, discrimination, incompetency, inefficiency or failure to perform duties and other sufficient cause.

Recommendation of the Administrative Law Judge – Reverse the 10 and 20 working day suspensions.

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

A-4 ANTHONY VILLANUEVA

Anthony Villanueva, Police Officer, Trenton Police Department, removal effective June 19, 2018 on charges of conduct unbecoming a public employee, incompetency, inefficiency or failure to perform duties, misuse of public property and other sufficient cause.

Recommendation of the Administrative Law Judge – Uphold the removal.

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

SECTION B – MISCELLANEOUS MATTERS

B-1 M.A.C. – CSC DOCKET NO. 2018-1602

M.A.C. appeals his rejection as a County Correction Officer candidate by Middlesex County and its request to remove his name from the eligible list for County Correction 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-2 MATTHEW RIVERA – CSC DOCKET NO. 2019-351

Matthew Rivera, represented by Michael J. Prigoff, Esq., appeals his rejection as a Fire Fighter candidate by Jersey City and its request to remove his name from the eligible list for Fire Fighter (M2542M) on the basis of an unsatisfactory criminal background.

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

B-3 JIM LOGOTHETIS – CSC DOCKET NO. 2019-2145

Jim Logothetis appeals the decision of the Division of Agency Services which found that his position with the Department of Law and Public Safety is properly classified as Weights and Measures Inspector 2. The appellant seeks a Weights and Measures Inspector 1 job classification in this proceeding.

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

B-4 JULIA MENDEZ-RIVERA – CSC DOCKET NO. 2019-2153

Julia Mendez-Rivera 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 Agency Services Representative 2. The appellant seeks an Agency Services Representative 3 job classification.

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

B-5 JANETTE NAZON – CSC DOCKET NO. 2019-2149 – CSC DOCKET NO. 2019-2149

Janette Nazon appeals the decision of the Division of Agency Services which found that her position with the Department of Labor and Workforce Development is properly classified as Secretarial Assistant 2, Non-Stenographic. The appellant seeks an Administrative Assistant 2 job classification.

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

B-6 MICHELLE SMITH – CSC DOCKET NO. 2019-2142

Michelle Smith appeals the decision of the Division of Agency Services which found that her position with the Department of Health is properly classified as Secretarial Assistant 2, Non-Stenographic. The appellant seeks an Administrative Assistant 3 job classification.

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

B-7 SHERRY VELEZ – CSC DOCKET NO. 2019-2460

Sherry Velez 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 Agency Services Representative 2. The appellant seeks an Agency Services Representative 3 job classification.

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

B-8 ACCOUNTING ASSISTANT (M0510V), CLIFTON – CSC DOCKET NO. 2019-2504

Clifton requests permission not to make an appointment from the September 24, 2018 certification for Accounting Assistant (M0510V).

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

B-9 ASHLEY DAY – CSC DOCKET NO. 2019-2179

Ashley Day appeals the determination of the Division of Agency Services that she did not meet the experience requirement for the promotional examination for Principal Clerk Typist (PS4112K), Department of Children and Families.

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

B-10 LYN MATEOS – CSC DOCKET NO. 2019-2233

Lyn Mateos appeals the determination of the Division of Agency Services that she did not meet the experience requirements for the open competitive examination for Supervisor of Clinic Nurses (C0973W), Hudson County.

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

B-11 ALLISON PRICE – CSC DOCKET NO. 2019-2144

Allison Price appeals the decision of the Division of Agency Services which found that her position with Lacey Township is properly classified as Senior Purchasing Assistant. The appellant seeks a Principal Purchasing Assistant job classification.

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

B-12 MARILYN MONTIJO – CSC DOCKET NO. 2019-2761

Marilyn Montijo appeals her score on the promotional examination for Hearing Officer 1, State Parole Board (PS6567I), State Parole Board.

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

B-13 DAVID BIALAS – CSC DOCKET NO. 2019-2515

David Bialas appeals his score for the oral portion of the promotional examination for Fire Captain (PM1028V), Elizabeth.

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

B-14 THOMAS FOWLER, JR. – CSC DOCKET NO. 2019-2178

Thomas Fowler, Jr., appeals his score for the oral portion of the promotional examination for Fire Captain (PM1028V), Elizabeth.

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

B-15 BLAKE HILL – CSC DOCKET NO. 2019-2646

Blake Hill appeals the determination of the Division of Agency Services that he did not meet the experience requirements for the open competitive examination for Supervising Mechanic (M0858W), Lakewood.

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

B-16 LEGAL ASSISTANT, ESSEX COUNTY – CSC DOCKET NO. 2019-2687

Essex County, represented by Robin Magrath, Esq., petitions the Civil Service Commission to allow it to appoint employees to the unclassified title of Legal Assistant.

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

B-17 COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO – CSC DOCKET NO. 2019-2982

The Division of Agency Services, on behalf of the Governor’s Office of Employee Relations, requests that the provisions of N.J.A.C. 4A:3-4.20 be relaxed in order to implement a Settlement Agreement and Release between the State and the Communications Workers of America, AFL-CIO.

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

B-18 MICHELLE MACK – CSC DOCKET NO. 2019-2618

Michelle Mack, an Administrative Analyst 3 with the Department of the Treasury, request 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 appeal be denied.

B-19 MARCELLA FRIEDMAN – CSC DOCKET NO. 2018-3696

Marcella Friedman, a Communications Systems Technician 2, Department of Law and Public Safety, Division of State Police, represented by Arnold Shep Cohen, Esq., petitions the Civil Service Commission for reconsideration of the initial decision of the Administrative Law Judge which was deemed adopted as a final decision on June 18, 2018, upholding her removal, effective February 17, 2017.

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

B-20 C.B. – CSC DOCKET NO. 2019-1487

C.B., a Social Worker 2 with Trenton Psychiatric Hospital, Department of Health (DOH), appeals the determination of the Chief of Staff, DOH, that she 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 appeal be denied.

B-21 J.T. – CSC DOCKET NO. 2018-3614

J.T., a Government Representative 2 with the Department of Education (DOE), appeals the determination of the Chief of Staff, DOE, which found that the appellant failed to support a finding that he 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 remanded to the Division of Equal Employment Opportunity and Affirmative Action for additional information.

B-22 J.A.A. – CSC DOCKET NO. 2018-3391

J.A.A. appeals his rejection as a Police Officer candidate by the Newark Police Department 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-23 M.F. – CSC DOCKET NO. 2018-3520

M.F. appeals her rejection as a Police Officer candidate by the Newark Police Department and its request to remove her 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-24 R.H. – CSC DOCKET NO. 2018-2893

R.H., represented by Robert K. Chewning, Esq., appeals his rejection as a Parole Officer Recruit candidate by the State Parole Board and its request to remove his name from the eligible list for Parole Officer Recruit (S1000U) 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-25 R.W.M. – CSC DOCKET NO. 2018-3509

R.W.M. appeals his rejection as a Police Officer candidate by the Newark Police Department 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-26 SENIOR ENGINEER TRANSPORTATION (PS8967T), SENIOR ENGINEER ELECTRICAL (PS8963T) AND SENIOR ENGINEER TRAFFIC (PS8966T), DEPARTMENT OF TRANSPORTATION, CSC DOCKET NOS. 2019-2191, ET AL.

Various applicants request to be permitted to submit applications for the promotional examinations for Senior Engineer Transportation (PS8967T), Senior Engineer Electrical (PS8963T) and Senior Engineer Traffic (PS8966T), Department of Transportation, after the filing closing date because they applied for the incorrect examination or were not employed in the announced unit scopes.

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

B-27 JONATHAN ARROYAVE – CSC DOCKET NO. 2018-167

Jonathan Arroyave appeals the decision of the City of Orange to remove his name from the eligible list for Police Officer (S9999U), City of Orange based on an unsatisfactory background report.

ACTION: The Civil Service Commission directed that this appeal be granted but that appellant’s name be recorded as bypassed for appointment on the list for Police Officer (S9999U), City of Orange.

B-28 HEAD COOK 2 – CSC DOCKET NO. 2019-2463

The Woodbine Developmental Center requests the revival of the eligible list for Head Cook 2 (PS2429K) in order to make an appointment.

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

B-29 RICHARD SCHWARZ – CSC DOCKET NO. 2019-2485

Richard Schwarz appeals his score for the oral portion of the promotional examination for Fire Captain (PM1017V), Asbury Park.

ACTION: The Civil Service Commission directed that the appellant’s score for the technical component of the evolving scenario be changed from 2 to 3.

B-30 CLIFFORD ROGERS, JR. – CSC DOCKET NO. 2019-2575

Clifford Rogers, Jr., appeals his score for the oral portion of the promotional examination for Fire Captain (PM1027V), East Orange.

ACTION: The Civil Service Commission directed that the appellant’s score for the technical component of the arriving scenario be raised from 1 to 2, and the remainder of the appeal be denied.

B-31 RAYLOR ADAMES – CSC DOCKET NO. 2019-2235

Raylor Adames appeals his score for the oral portion of the promotional examination for Fire Captain (PM1046V), Newark.

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

B-32 LONZIA ELLISON – CSC DOCKET NO. 2019-2502

Lonzia Ellison appeals his score for the oral portion of the promotional examination for Fire Captain (PM1046V), Newark.

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

B-33 JULIO FIGUEROA – CSC DOCKET NO. 2019-2514

Julio Figueroa appeals his score for the oral portion of the promotional examination for Fire Captain (PM1046V), Newark.

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

B-34 ANGEL GARCIA, JR. – CSC DOCKET NO. 2019-2489

Angel Garcia, Jr., appeals his score for the oral portion of the promotional examination for Fire Captain (PM1046V), Newark.

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

B-35 GILBERTO GONZALEZ – CSC DOCKET NO. 2019-2484

Gilberto Gonzalez appeals his score for the oral portion of the promotional examination for Fire Captain (PM1046V), Newark.

ACTION: The Civil Service Commission directed that this appeal be granted in part and the appellant’s score for the technical portion of the evolving scenario be changed from 4 to 5.

B-36 TAYWAN JONES, JR. – CSC DOCKET NO. 2019-2397

Taywan Jones, Jr,. appeals his score for the oral portion of the promotional examination for Fire Captain (PM1046V), Newark.

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, May 22, 2019, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.