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Robert M. Czech, Chairperson
Dolores Gorczyca
Daniel W. O’Mullan
June 7, 2017
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A regular meeting of the Civil Service Commission was held on Wednesday, June 7, 2017, in Trenton, New Jersey.
PRESENT: Robert M. Czech, 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 28, 2016, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Kane Corliss, Equipment Operator, Ocean County, Department of Parks, Removal.
John Dimino, Head Custodian, Brick Township Board of Education, Removal.
Bergine Guerrier, Police Officer, City of Newark, Department of Public Safety, Removal.
Rickie D. Hatcher, Senior Custodian, Newark School District, 20 working day suspension.
David Kistler, Locksmith, Trenton Psychiatric Hospital, Department of Human Services, 10 working day suspension.
Jason LaRusso, Police Officer, City of Asbury Park, Asbury Park Police Department, Removal.
Diana Menzel, Payroll Clerk, City of Linden, Department of Treasurer, Release at the end of working test period.
Marc Schwartzbach, Police Lieutenant, City of Rahway, Police Department, (2) 6 working day suspension.
Marc Schwartzbach, Police Lieutenant, City of Rahway, Police Department, 30 working day suspension.
Marc Schwartzbach, Police Lieutenant, City of Rahway, Police Department, Demotion to Police Sergeant.
Ana Suero, Police Officer, City of Newark, Department of Public Safety, removal.
Tony Walker, Truck Drive Heavy, City of Asbury Park, Department of Public Maintenance, Removal.
ACTION: The Civil Service Commission noted the withdrawal of appeals without prejudice.
SECTION A – HEARING MATTERS
A-1 SETTLEMENTS
Michael Burton
Newark Public School District
Suspension
Daniel Desoucey
Monmouth County
Department of Parks
Suspension
Daniel Desoucey
Monmouth County
Department of Parks
Removal
Chrisann Egnatuk
Gloucester Township
Municipal Utilities Authority
Removal
Momo Johnson
Greystone Park Psychiatric Hospital
Department of Human Services
Removal
Stephen M. Kromah
New Lisbon Developmental Center
Department of Human Services
Removal
Faith Lawson
Vineland Developmental Center
Department of Human Services (Consolidated)
Removals (2)
Alethia M. Lopez
Monmouth County
Department of Transportation
Removal
Linda Phoenix
Monmouth County
Department of Roads and Public Property
Suspension
Wali Thomas
Newark Public School District
Suspension
Ernest Woolaston
Greystone Park Psychiatric Hospital
Department of Human Services
Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES – SETTLEMENT
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 SHIRLEY SHAY
Shirley Shay, Omnibus Operator, Sussex County Department of Human Services, removal effective April 8, 2016 on charges of incompetency, inefficiency, or failure to perform duties; inability to perform duties; conduct unbecoming a public employee; neglect of duty; misuse of public property, including motor vehicles; and falsification of records.
Recommendation of the Administrative Law Judge – Reverse the removal.
ACTION: The Civil Service Commission ordered that the matter be remanded to the Office of Administrative Law.
A-3 MARION WILSON
Marion Wilson, County Corrections Sergeant, Camden County Department of Corrections, demotion to County Correction Officer effective June 28, 2016 on charges of incompetency, inefficiency, or failure to perform duties; insubordination; conduct unbecoming a public employee; and other sufficient cause.
Recommendation of the Administrative Law Judge – Uphold the demotion and impose a separate five working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
SECTION B – MISCELLANEOUS MATTERS
B-1 SENIOR BUILDING MAINTENANCE WORKER, SENIOR BUILDING MAINTENANCE WORKER LOW PRESSURE AND MESSENGER/ SENIOR BUILDING MAINTENANCE WORKER – CSC DOCKET NOS. 2017-3679, et al.
The Division of Agency Services recommends the reallocation of the Senior Building Maintenance Worker, Senior Building Maintenance Worker Low Pressure and Messenger/Senior Building Maintenance Worker titles to the non-competitive division of the career service in accordance with N.J.A.C. 4A:3-1.2.
ACTION: The Civil Service Commission directed that this request be granted.
B-2 STEPHEN JANETTA – CSC DOCKET NO. 2017-1181
Stephen Janetta appeals the removal of his name from the eligible list for Family Service Specialist 1 (PS3420K), Department of Children and Families on the basis that he failed to respond to the certification notice.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-3 ANDREW JENKINS – CSC DOCKET NO. 2017-2610
Andrew Jenkins 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 (S9988T), Department of Corrections on the basis of a positive drug test.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-4 KYRON PLANTER – CSC DOCKET NO. 2017-524
Kyron Planter appeals his removal from the Fire Fighter/Emergency Medical Technician (M1508T), City of Bridgeton eligible list on the basis of his failure to complete pre-employment processing.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-5 CYNTHIA POMALES – CSC DOCKET NO.
Cynthia Pomales appeals the removal of her name from the Sheriff’s Officer (S9999R), Essex County eligible list on the basis of her failure to complete pre-employment processing.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-6 FELIX RIVAS, JR., - CSC DOCKET NO. 2016-3013
Felix Rivas, Jr. appeals his removal from the Police Officer (S9999R), City of Newark eligible list on the basis of an unsatisfactory criminal background and falsification of his application.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-7 CHIRAG PATEL – CSC DOCKET NO. 2016-1573
Chirag Patel appeals the bypass of his name on the Accountant (C0737S), Hudson County eligible list.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-8 CARMEN CAINES – CSC DOCKET NO. 2017-1894
Carmen Caines appeals the determination of the Division of Agency Services that she was below the minimum requirements in experience for the promotional examination for Principal Audit Account Clerk (PS1334K), Department of Children and Families.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-9 LINDA HOFFMAN – CSC DOCKET NO. 2017-573
Linda Hoffman appeals the determination of the Division of Agency Services, which found that she did not meet the experience requirement for the promotional examination for Library Director (PM1010U), Borough of Woodland Park.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-10 BRIAN KASA – CSC DOCKET NO. 2017-2192
Brian Kasa appeals the determination of the Division of Agency Services, which found that, per the substitution clause for education, he did not meet the experience requirement for the promotional examination for Buyer (PS3481I), State Parole Board.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-11 JAMES KING – CSC DOCKET NO. 2017-3615
James King appeals the determination of the Division of Agency Services that he did not meet the experience requirements for the promotional examination for Institutional Trade Instructor 2, Food Processing (PS4227I), South Woods State Prison.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-12 TRACY ROBIDOUX – CSC DOCKET NO. 2017-2694
Tracy Robidoux appeals the determination of the Division of Agency Services that she was below the minimum requirements in experience for the promotional examination for Administrative Analyst 2 Fiscal Management (PS3478I), Department of Corrections.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-13 ALNISA WILLIAMS – CSC DOCKET NO. 2017-1400
Alnisa Williams requests that her applications for the Correction Officer Recruit (S9988U) examination and the Entry Level Law Enforcement Examination (S9988U) be processed.
ACTION: The Civil Service Commission directed that this request be granted.
B-14 BERNADETTE AUGUSTUS – CSC DOCKET NO. 2017-2291
Bernadette Augustus appeals the decision of the Division of Agency Services that the proper classification of her position with the Department of Law and Public Safety is Agency Services Representative 2. The appellant seeks a classification of Agency Services Representative 3.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-15 SECRETARIAL ASSISTANT 2, NON-STENOGRAPHIC (PS6093K) - CSC DOCKET NO. 2017-3608
The Division of Agency Services, on behalf of the New Lisbon Developmental Center, requests that the eligible list for Secretarial Assistant 2, Non-Stenographic (PS6093K) be revived and extended for one year beyond its original expiration date in order to fill future vacancies.
ACTION: The Civil Service Commission directed that this request be granted.
B-16 SOCIAL SERVICE TECHNICIAN (C0015S) - CSC DOCKET NO. 2017-3609
The Division of Agency Services, on behalf of the Passaic County Board of Social Services, requests that the eligible list for Social Service Technician (C0015S) be extended for one year beyond its original expiration date in order to fill future vacancies.
ACTION: The Civil Service Commission directed that this request be granted.
B-17 SENIOR WATER TREATMENT PLANT REPAIRER – CSC DOCKET NO. 2016-1917
The Passaic Valley Water Commission requests permission not to make an appointment from the September 9, 2014 certification for Senior Water Treatment Plant Repairer (M0293S).
ACTION: The Civil Service Commission granted the appointment waiver and assessed selection costs in the amount of $2,048.
B-18 LINDA DITMARS – CSC DOCKET NO. 2016-2518
Linda Ditmars, a Regulatory Officer 4 with the Department of Community Affairs, appeals the determination of her salary upon her promotion was properly calculated under N.J.A.C. 4A:3-4.9
ACTION: The Civil Service Commission directed that this appeal be denied.
B-19 V.S. – CSC DOCKET NO. 2017-95
V.S., formerly a Cottage Training Supervisor with Woodbridge Developmental Center, represented by Michele Long-Vickers, Executive Vice President of CWA Local 1040, appeals the determination of the Assistant Commissioner, Human Resources, Department of Human Services, 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-20 STEPHEN OWLE – CSC DOCKET NO. 2017-3552
Stephen Owle appeals the determination of the Division of Agency Services that he did not meet the experience requirements for the promotional examination for Technician Management Information Systems (PS4255P), Division of State Police.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-21 C.G. – CSC DOCKET NO. 2017-3485
C.G. requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit him to donate 20 sick days to D.G.
ACTION: The Civil Service Commission directed that this request be granted.
B-22 SYLVIA GELLER-HAUCK – CSC DOCKET NO. 2017-3618
The Division of Agency Services, on behalf of the Department of Banking and Insurance, requests that the provisions of N.J.A.C. 4A:4-1.1(c) be relaxed and Sylvia Geller-Hauck’s out-of-title work experience be accepted in order to allow Ms. Geller-Hauck to be provisionally appointed, pending promotional examination procedures, to the unrelated competitive title of Technical Assistant 2, Insurance.
ACTION: The Civil Service Commission directed that this request be granted.
B-23 COUNTY CORRECTION CAPTAIN (PC1189P) AND COUNTY LIEUTENANT (PC1202P), HUDSON COUNTY - CSC DOCKET NO. 2017-2783
The Superior Court of New Jersey, Appellate Division, has reversed and remanded In the Matter of County Correction Captain (PC1189P) and County Lieutenant (PC1202P), Hudson County (CSC decided December 3, 2014) to the Civil Service Commission for further proceedings consistent with its decision.
ACTION: The Civil Service Commission directed that the names of Messrs. Conrad, Geoghegan and Yurecko be removed from the PC1189P eligible list and the names of Messrs. D’Andrea, Felix, Matos, Morales, Ripp and Mses. Gabriel and Murrell be removed from the PC1202P eligible list. It is further ordered that Messrs. Conrad, Geoghegan and Yurecko be returned to the Country Correction Lieutenant title and Messrs. D’Andrea, Matos, Morales and Ripp and Ms. Murrell be returned to the County Correction Sergeant title.
B-24 GARY DAVIS – CSC DOCKET NO. 2017-584
Gary Davis appeals the determination of the Division of Agency Services, which found that he did not meet the experience requirement for the promotional examination for Senior Buyer (PS2709H), Department of Health.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-25 CHANGE IN CLASSIFICATION PLAN – TITLE CREATION/ INACTIVATION
The Division of Agency Services, pursuant to a request from the City of Vineland, requests the establishment of the title of Registered Environmental Health Specialist, Public Health Bilingual in Spanish/English, and the inactivation of Teacher Aide, Bilingual in Vietnamese/English.
ACTION: The Civil Service Commission directed that this request be granted.
B-26 JUDICIARY CLERK 4 (S0089R), VICINAGE 13, JUDICIARY
Vicinage 13 requests reconsideration of the decision rendered on December 21, 2016, which ordered Vicinage 13 to be assessed selection costs in the amount of $8,285 after granting it permission to not make an appointment from the July 19, 2013 certification for Judiciary Clerk 4.
ACTION: The Civil Service Commission directed that this request be denied.
B-27 KELLY WRIGHT-LASKE – CSC DOCKET NO. 2017-3489
Kelly Wright-Laske appeals the determination of the Division of Agency Services that she did not meet the experience requirements for the promotional examination for Administrative Analyst 4 (PS4095P), Division of State Police.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-28 CIVIL SERVICE COMMISSION MINUTES
Submitted for adoption are the Civil Service Commission minutes of its meeting of May 17, 2017.
ACTION: The Civil Service Commission adopted the minutes of its meeting on May 17, 2017.
B-29 F.C. – CSC DOCKET NO. 2015-3064
F.C. appeals his rejection as a Police Officer candidate by the Pleasantville Police Department and its request to remove his name from the eligible list for Police Officer (S9999R) 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-30 P.V. – CSC DOCKET NO. 2016-2964
P.V. 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 (S9988R) 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-31 FELIX ROSARIO, JR. – CSC DOCKET NO. 2017-605
Felix Rosario, Jr. appeals his removal from the Correction Officer Recruit (S9988T), Department of Corrections eligible list on the basis of falsification of his pre-employment application.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-32 SOUOD HAMMAD – CSC DOCKET NO. 2017-2115
Souod Hammad appeals the denial by the Division of Agency Services of his request for a makeup examination for the Entry Level Law Enforcement Examination (S9999U).
ACTION: The Civil Service Commission directed that this appeal be denied.
B-33 J.C. – CSC DOCKET NO. 2016-2819
J.C., an Investigator 2 with the Department of Banking and Insurance, appeals the determination of the Acting Commissioner, Banking and Insurance, which found sufficient evidence to support a finding that he had violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-34 A.D. – CSC DOCKET NO. 2016-3277
A.D., represented by Luretha M. Stribling, 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 (S9988R) 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-35 J.L. – CSC DOCKET NO. 2015-2237
J.L. appeals his rejection as a County Correction Officer candidate by Passaic County and its request to remove his name from the eligible list for County Correction Officer (S9999R) 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-36 COUNTY POLICE OFFICERS, BERGEN COUNTY SHERIFF’S OFFICE - CSC DOCKET NO. 2017-3520
The Policemen’s Benevolent Association Local 49, Bergen County Police Department, represented by Michael A. Bukosky, Esq., petitions the Civil Service Commission for a stay of the layoff of County Police Officer personnel of the Bergen County Sheriff’s Office.
ACTION: The Civil Service Commission directed that this petition be denied.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, June 21, 2017, at 1:00 p.m., at 3 Station Plaza, Trenton, New Jersey.