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Robert M. Czech, Chairperson
Flavella Branham
John Currie
Vincent E. Giordano
A regular meeting of the Civil Service Commission was held on Wednesday, August 4, 2010, in Trenton, New Jersey.
PRESENT: Robert M. Czech, Chairperson, Members Flavella Branham, John Currie, and Vincent E. Giordano; Pamela Ullman, Deputy Attorney General; Henry Maurer, Director, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, Robert M. Czech, Chairperson, 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 20, 2009 and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.
All other actions were by unanimous vote unless otherwise specified.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Shamayne Brown
City of Newark
Police Department
Suspension
In the Matter of Michael Busbee
Ancora Psychiatric Hospital
Department of Human Services
Suspension
In the Matter of Michele Castillo
City of Newark
Police Department
Removal
In the Matter of Jon Cato
East Orange
Police Department
Suspension
In the Matter of Musa Crump
Trenton Psychiatric Hospital
Department of Human Services
Suspension
In the Matter of Ramon Golingho
Ancora Psychiatric Hospital
Department of Human Services
Suspension
In the Matter of Delores Jones
New Lisbon Developmental Center
Department of Human Services
Suspension
In the Matter of Victor Owens
Monmouth County
Health Care Facilities
Suspension
In the Matter of Lahai Rogers
Monmouth County
Health Care Facilities
Removal
In the Matter of Glenn Torkos
Morris County
Sheriff's Department
Suspension
In the Matter of Jennifer Velazquez
Middlesex County Board of Social Services
Suspension
In the Matter of Doris Warren
Ancora Psychiatric Hospital
Department of Human Services
Removal
In the Matter of John Wilcher
Essex County
Department of Public Safety and Corrections
Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Civil Service Commission acknowledged the settlements. It is noted that Robert M. Czech abstained on the settlements of Victor Owens and Lahai Rogers.
A-2 RASHID AHMAD
Rashid Ahmad, County Correction Officer, Burlington County, County Jail, resignation not in good standing effective December 1, 2008, on charges of chronic or excessive absenteeism or lateness and neglect of duty.
Recommendation of the Administrative Law Judge - Modify the 120-day suspension to a 10-day suspension.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to reverse the 120-day suspension.
A-3 MICHAEL ALVARADO
Michael Alvarado, Communications Operator, East Jersey State Prison, Department of Corrections, 120-working day suspension on charges of neglect of duty, leaving assigned work area without permission but not creating a danger to persons or property and insubordination.
Recommendation of the Administrative Law Judge - Modify the 120-working day suspension to a 90-working day suspension.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to uphold the 120-working day suspension.
A-4 ROBIN BOWMAN
Robin Bowman, Senior Building Maintenance Worker, Montclair State University, eight-day suspension, on charges of insubordination and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Reverse the eight-day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-5 LASHEEINIA ISAAC
LaSheeinia Isaac, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, resignation not in good standing effective August 27, 2008, on charges of being absent from duty for five or more consecutive business days without the approval of a superior, conduct unbecoming a public employee and abandonment of job.
Recommendation of the Administrative Law Judge - Modify the resignation not in good standing to a resignation in good standing.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-6 JOHN KEMBLE
John Kemble, Boiler Operator and Maintenance Repairer, Burlington County, Buttonwood Hospital, release at the end of the working test period effective February 2, 2009.
Recommendation of the Administrative Law Judge - Uphold the release at the end of the working test period.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-7 STEVEN MCCANT
Steven McCant, Cook, 12 months, Department of Children and Families, 30-day suspension on charges of inappropriate physical contact or mistreatment of patient, client, resident or employee, violation of a rule, regulation, policy, procedure, order or administrative decision and gross sexual imposition, such as touching, fondling, grabbing or assault.
Recommendation of the Administrative Law Judge - Uphold the 30-day suspension.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to a 90-working day suspension.
A-8 RICHARD WILLIAMS, EDDIE BROWN, RASHEEN PEPPERS AND
HORACE MCGLOSTER
Richard Williams, Eddie Brown, Rasheen Peppers and Horace McGloster, Police Officers, City of Newark, Police Department, 12-day suspensions on charges of conduct unbecoming a public employee and violations of Police Department rules regarding false statement, disobedience of orders, and handling of firearms.
Recommendation of the Administrative Law Judge - Uphold the 12-day suspensions.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to a 6-day suspension.
A-9 CRYSTAL WILSON-BOYD
Crystal Wilson-Boyd, County Correction Officer, Mercer County, Department of Public Safety, 15-day suspension on charges of insubordination, other sufficient cause and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Reverse the 15-day suspension.
ACTION: The Civil Service Commission remanded the matter to the Office of Administrative Law.
A-10 JUSTIN JACKSON
Justin Jackson, Human Services Assistant, Trenton Psychiatric Hospital, Department of Human Services, removal effective September 2, 2008, on charges of physical abuse of a patient, inappropriate physical contact of a patient, conduct unbecoming a public employee, other sufficient cause and violation of administrative procedures involving safety and security.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-11 JOHN JEWELL
John Jewell, Police Officer, City of Newark, Police Department, removal effective June 9, 2008, on charges of inability to perform duties, violation of Department rules regarding mental and physical capability and other sufficient cause.
Recommendation of the Administrative Law Judge - Modify the removal to a disability retirement.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-12 JASON L. POOLE (CONSOLIDATION)
Jason L. Poole, Senior Correction Officer, Southern State Correctional Facility, Department of Corrections, removal effective September 9, 2009, on charges of conduct unbecoming a public employee, other sufficient cause, falsification and violation of a rule, regulation, policy, procedure or administrative decision and removal effective December 22, 2009, on charges of violation of several rules regarding conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge - Uphold the removals.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-13 AALIYAH RODRIGUEZ
Aaliyah Rodriguez, Senior Correction Officer, Mountainview Youth Correctional Facility, Department of Corrections, removal effective December 31, 2009, on the charge of chronic or excessive absenteeism.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Civil Service Commission reversed the recommendation of the Administrative Law Judge and imposed a 6-month suspension.
VOTE: Robert M. Czech (Yes)
Flavella Branham (Yes)
John Currie (Yes)
Vincent E. Giordano (No)
SECTION B - MISCELLANEOUS MATTERS
B-1 CHANGE IN THE STATE CLASSIFICATION PLAN
The Division of State and Local Operations requests that the title of Chief of County Investigators (W98-07105) be restricted to local government use. This title was made common for State and Local government use in 1996, but it is no longer utilized at the State level.
ACTION: The Civil Service Commission approved the restriction of the title of Chief of County Investigators to local government use.
B-2 CHANGE IN THE STATE CLASSIFICATION PLAN
The Division of State and Local Operations requests a retroactive effective date of April 10, 2010 for the reactivation, work week change, and title verbiage change of the title Child Placement Review Coordinator, Judiciary. The Civil Service Commission previously approved the temporary reactivation of the title in order to fill federally funded positions, its renaming to Project Specialist, Mental Health Caseload and its change from a 35/12 workweek to a NE/12 workweek, effective June 5, 2010.
ACTION: The Civil Service Commission approved the retroactive effective date.
B-3 CHANGE IN THE STATE CLASSIFICATION PLAN
The Motor Vehicle Commission (MVC) requests restructuring of the Field Monitor, Division of Motor Vehicles, title series, effective July 3, 2010. The restructuring involves the renaming of the Field Monitor 2 and 1 titles to Compliance Officer 1 and 2, respectively, an upward salary re-evaluation at one level, the inactivation of the Field Monitor 3 title, and the creation of the Compliance Officer Apprentice title. The International Federation of Professional and Technical Engineers (IFPTE) will remain as the bargaining unit representative for these titles.
ACTION: The Civil Service Commission directed that this matter be held over.
B-4 CHANGE IN THE STATE CLASSIFICATION PLAN
The Motor Vehicle Commission (MVC) requests the establishment of a new title series, Technician, MVC, the consolidation of titles to the Technician, MVC, title series, and the elimination of the Customer Service Representative Trainee, Support Services Representative Trainee, Support Services Representative 3, Support Services Representative 1, and Examination Technician, Motor Vehicles, titles, effective July 3, 2010. With the exception of the Senior Technician, MVC, title which has been placed in the "A" (Administrative and Clerical Services) employee relations group, the Office of Employee Relations has allocated the new titles to the "I" (Inspection and Security) employee relations group. Therefore, the consolidation will result in the change of bargaining unit representative from the Communications Workers of America (CWA) to the International Federation of Professional and Technical Engineers (IFPTE) for the "I" titles.
ACTION: The Civil Service Commission directed that this matter be held over.
B-5 CHANGE IN THE STATE CLASSIFICATION PLAN
The Motor Vehicle Commission (MVC) requests the restructuring of the Supervisor, MVC, title series, effective July 3, 2010. The restructuring involves the inactivation of Supervisor 1, MVC, an upward salary re-evaluation at two levels, consolidation of the Supervisor 1, MVC, to Coordinator, MVC, and the renumbering of the title series. The Communications Workers of America (CWA) will remain as the bargaining unit representative for these titles.
ACTION: The Civil Service Commission approved the request.
B-6 CHANGE IN THE STATE CLASSIFICATION PLAN
The Motor Vehicle Commission (MVC) requests the consolidation of the Investigator, Motor Carriers (MC), title series into the Safety Specialist, MVC, title series, effective July 3, 2010, which involves the consolidation of two levels, renumbering of the Safety Specialist, MVC, title series, and the inactivation of the Investigator, MC, and Senior Investigator, MC, titles. The International Federation of Professional and Technical Engineers (IFPTE) will remain as the bargaining unit representative for the Safety Specialist, MVC, title series-. The Communications Workers of America (CWA) will remain as the bargaining unit representative for the Supervisor 1, MVC, title.
ACTION: The Civil Service Commission approved the request.
B-7 JOY BABATUNDE
Joy Babatunde, a Human Services Assistant with Ancora Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-8 ANDREA BENHAM
Andrea Benham, a Family Service Specialist 2 with the Department of Children and Families, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-9 JEFFREY BOYD
Jeffrey Boyd, a former Investigator, Motor Carriers with the Motor Vehicle Commission, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-10 JOYCE FISHER
Joyce Fisher, a Youth Worker with the Department of Children and Families, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-11 ROBERT FUNDERBURK
Robert Funderburk, a Senior Correction Officer with New Jersey State Prison, Department of Corrections, represented by Frank M. Crivelli, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-12 FRANCES LAWTON
Frances Lawton, a Community Service Officer 1, Housing, with the Department of Community Affairs, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-13 CAROL MAKUTA
Carol Makuta, a Cottage Training Technician at Hunterdon Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-14 EMILY OTUONYE
Emily Otuonye, a Supervisor of Nursing Services with Ancora Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-15 ANGEL PADILLA
Angel Padilla, a Senior Correction Officer with South Woods State Prison, Department of Corrections, represented by Daniel Geddes, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this matter be held over.
B-16 MICHAEL PALMER
Michael Palmer, a Substance Abuse Counselor 1, Mental Health/Alcoholism Services, with Ancora Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-17 JEFFREY SCOTT
Jeffrey Scott, a Senior Correction Officer with Mountainview Youth Correctional Facility, Department of Corrections, represented by Daniel Geddes, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied and warned the Department of Corrections to comply with the rules.
B-18 TONJA WISE
Tonja Wise, a Senior Parole Officer with the State Parole Board, represented by Samuel M. Gaylord, Esq., appeals the denial of sick leave injury (SLI) benefits for two separate accidents.
ACTION: The Civil Service Commission directed that the appeal for the March 23, 2010 accident be denied but the appeal for the April 6, 2010 accident be granted.
B-19 ACCOUNTING ASSISTANT (M0705K), FREEHOLD TOWNSHIP
Freehold Township requests permission not to make an appointment from the August 18, 2009 certification for Accounting Assistant (M0750K).
ACTION: The Civil Service Commission granted the request for an appointment waiver but assessed partial selection costs in the amount of $1,024.
B-20 ADMINISTRATIVE ANALYST (C6230J), MERCER COUNTY
Mercer County requests permission not to make an appointment from the June 10, 2008 certification of Administrative Analyst (C6230J).
ACTION: The Civil Service Commission granted the request for an appointment waiver but assessed partial selection costs in the amount of $1,024.
B-21 CARPENTER (C0530L), GLOUCESTER COUNTY
Gloucester County requests permission not to make an appointment from the January 5, 2010 certification for Carpenter (C0530L).
ACTION: The Civil Service Commission granted the request for an appointment waiver but assessed partial selection costs in the amount of $1,024.
B-22 COMMUNICATIONS OFFICER (M0909K), CITY OF ORANGE
TOWNSHIP
The City of Orange Township requests permission not to make an appointment from the October 26, 2009 certification for Communications Officer (M0909K).
ACTION: The Civil Service Commission granted the request for an appointment waiver and assessed no selection costs at this time.
B-23 DEPUTY WARDEN (PC3611L), MIDDLESEX COUNTY
Middlesex County requests permission not to make an appointment from the February 18, 2010 certification for Deputy Warden (PC3611L).
ACTION: The Civil Service Commission granted the request for an appointment waiver but assessed partial costs in the amount of $557.
B-24 DIRECTOR, ECONOMIC DEVELOPMENT PROGRAM (M6949G),
NEWARK
The Division of State and Local Operations seeks enforcement of the Civil Service Commission decision rendered on January 27, 2010, which ordered Newark to return the March 19, 2008 certification of the eligible list for Director, Economic Development Program (M6949G) for proper disposition within 30 days of the issuance of the decision.
ACTION: The Civil Service Commission granted the request and assessed a fine in the amount of $10,000.
B-25 FIELD REPRESENTATIVE HEALTH EDUCATION (C0565L),
MIDDLESEX COUNTY
Middlesex County requests permission not to make an appointment from the February 9, 2010 certification for Field Representative Health Education (C0565L).
ACTION: The Civil Service Commission granted the request for an appointment waiver but assessed partial selection costs in the amount of $1,024.
B-26 HEALTH AIDE (M0141K) AND (M0308L), NEWARK
The Division of State and Local Operations requests that the Civil Service Commission order Newark to return the July 21, 2009 certification of the eligible list for Health Aide (M0141K) and (M0308L) for proper disposition.
ACTION: The Civil Service Commission granted the request.
B-27 LEGAL SECRETARY (C1773J), CUMBERLAND COUNTY
Cumberland County requests permission not to make an appointment from the October 13, 2009 certification for Legal Secretary (C1773J).
ACTION: The Civil Service Commission granted an appointment waiver and assessed no selection costs.
B-28 PRINCIPAL CLERK TYPIST, BILINGUAL IN SPANISH AND
ENGLISH (M0044K), NEWARK SCHOOL DISTRICT
The Newark School District requests permission not to make an appointment from the December 29, 2008 certification of Principal Clerk Typist, Bilingual in Spanish and English (M0044K).
ACTION: The Civil Service Commission granted the request for an appointment waiver but assessed selection costs in the amount of $2,048.
VOTE: Robert M. Czech (Yes)
Flavella Branham (Yes)
John Currie (Yes)
Vincent E. Giordano (Abstained)
B-29 SOCIAL WORKER AGING (C0050L), MERCER COUNTY
Mercer County requests permission not to make an appointment from the April 21, 2009 certification for Social Worker Aging (C0050L).
ACTION: The Civil Service Commission granted the request for an appointment waiver but assessed partial selection costs in the amount of $1,024.
B-30 SOCIAL WORKER INSTITUTIONS (C0350K), MERCER COUNTY
Mercer County requests permission not to make an appointment from the April 16, 2009 certification for Social Worker Institutions (C0350K).
ACTION: The Civil Service Commission granted the request for an appointment waiver but assessed partial selection costs in the amount of $1,024.
B-31 CLASSIFICATION OFFICER APPRENTICE (PS6155I),
DEPARTMENT OF CORRECTIONS
The Division of Selection Services requests that the eligible list for Classification Officer Apprentice (PS6155I), Department of Corrections, be cancelled.
ACTION: The Civil Service Commission granted the request.
B-32 JAMILAH HARRIS AND RAYMOND SOUWEHA
Jamilah Harris and Raymond Souweha request retroactive provisional appointment dates as Engineers 3, Hazardous Site Mitigation of July 7, 2007.
ACTION: The Civil Service Commission granted the requests in part.
B-33 RACHAEL AFANADOR AND SANDRA RIVERA-ALVARADO
Monmouth County requests that it be permitted to consider Rachael Afanador and Sandra Rivera-Alvarado for regular appointments to the non-bilingual title of Human Services Specialist 1.
ACTION: The Civil Service Commission granted the request.
VOTE: Robert M. Czech (Abstained)
Flavella Branham (Yes)
John Currie (Yes)
Vincent E. Giordano (Yes)
B-34 LATANYA NELSON
Latanya Nelson, a former County Correction Officer with Hudson County, requests that the Civil Service Commission reinstate the appeal of her removal, which was dismissed based on her failure to appear at a scheduled hearing.
ACTION: The Civil Service Commission denied the request.
B-35 JANET BRANNICK
The Brick Township School District (BTSD), appeals the decision of the Division of State and Local Operations that the proper classification of the position of Janet Brannick is Principal Clerk Typist. The appointing authority seeks a Principal Data Control Clerk classification in this proceeding. Additionally, Brannick appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Principal Data Control Clerk (PM0443L), BTSD.
ACTION: The Civil Service Commission directed that these appeals be denied.
VOTE: Robert M. Czech (Yes)
Flavella Branham (Yes)
John Currie (Yes)
Vincent E. Giordano (Abstained)
B-36 MARIA ERICKSON
Maria Erickson, represented by Adam Liebtag, President, Communications Workers of America Local 1036, appeals the decision of the Division of State and Local Operations that the proper classification of her position with the Department of Environmental Protection is Senior Environmental Specialist, Waste Management. The appellant seeks a Principal Environmental Specialist, Waste Management classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-37 LINDA FRANCESCO
Linda Francesco appeals the decision of the Division of State and Local Operations that the proper classification for her position with Ocean County is Supervising Account Clerk, Typing. Francesco seeks a Management Assistant classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-38 BARBARA GALLAGHER
Barbara Gallagher appeals the determination of the Division of State and Local Operations that her position with the Department of Law and Public Safety is properly classified as a Personnel Aide 2. The appellant seeks a Personnel Aide 1 classification in this proceeding.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-39 PETER GERVASONI
Peter Gervasoni appeals the decision of the Division of State and Local Oeprations that the proper classification of his position with the Division of State Police, Department of Law and Public Safety, is Principal Clerk. The appellant seeks a Principal Data Entry Machine Operator or Assistant Supervisor, Identification Records Unit classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-40 RICHARD LAVENE
Richard Lavene appeals the determination of the Division of State and Local Operations that his position with the Department of Children and Families is properly classified as Personnel Aide 2. The appellant seeks a Technician, Management Information Systems, classification in this proceeding.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-41 HILDA PLAZA
Hilda Plaza appeals the determination of the Division of State and Local Operations that her position with the Department of Education is properly classified as a Senior Clerk Typist. The appellant seeks a Principal Clerk Typist classification in this proceeding.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-42 PAMELA SAUERWALD
Atlantic County, on behalf of Pamela Sauerwald, appeals the decision of the Division of State and Local Operations that the proper classification of her position is Principal Payroll Clerk. The appellant seeks a Secretarial Assistant classification. Atlantic County also appeals the determination of the Division of Selection Services which found that Ms. Sauerwald was below the minimum requirements in experience for the qualifying examination for Principal Payroll Clerk.
ACTION: The Civil Service Commission directed that the classification appeal be denied but directed that the examination appeal be granted.
B-43 MARYANNE SEWARD
Maryanne Seward appeals the decision of the Division of State and Local Operations that the proper classification of her position with the Division of State Police, Department of Law and Public Safety, is Senior Clerk. The appellant seeks a Principal Clerk classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-44 KAREN SUNDHEIMER
The Brick Township School District appeals the decision of the Division of State and Local Operations that the proper classification of the position of Karen Sundheimer is Principal Clerk Typist. The appointing authority seeks a Principal Data Control Clerk classification in this proceeding.
ACTION: The Civil Service Commission directed that this appeal be denied.
VOTE: Robert M. Czech (Yes)
Flavella Branham (Yes)
John Currie (Yes)
Vincent E. Giordano (Abstained)
B-45 TRACY WEBER
Tracy Weber appeals the decision of the Division of State and Local Operations that the proper classification of her position with the Borough of Sayreville is Senior Police Records Clerk Stenography. Weber seeks a Principal Clerk Stenographer classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-46 TINA GUTIERREZ-BELL
Tina Gutierrez-Bell petitions the Civil Service Commission for reconsideration of the final decision rendered on February 24, 2010, which found that her position with the Department of Environmental Protection was properly classified as a Senior Technician, Management Information Systems.
ACTION: The Civil Service Commission denied the request for reconsideration.
B-47 FRANCISCO TOLEDO
Francisco Toledo, a former Laborer with Perth Amboy, represented by Robert R. Cannan, Esq., petitions the Civil Service Commission for reconsideration of the final administrative decision, rendered on March 26, 2010, in which the Director of the Division of Merit System Practices and Labor Relations denied his request for a hearing with respect to his removal.
ACTION: The Civil Service Commission denied the request for reconsideration.
B-48 JOHN ANSTISS
The appeals of John Anstiss, a Construction Official with Newark, of his 40-day suspension, on charges, and removal, effective September 8, 2006, on charges, were heard by Administrative Law Judge James A. Geraghty (ALJ), who rendered his initial decision on June 7, 2010, upholding the 40-day suspension and removal. At its meeting on July 21, 2010, the Civil Service Commission (Commission) adopted the ALJ's recommendation. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-49 MICHAEL GROBER
The appeal of Michael Grober, a Bridge Operator with Hudson County, of his 30-day suspension, on charges, was heard by Administrative Law Judge Leland S. McGee (ALJ), who rendered his initial decision on May 24, 2010. At its meeting on July 21, 2010, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation to modify the 30-day suspension to a five-day suspension. Rather, the Commission modified the 30-day suspension to an eight-day suspension. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-50 MICHAEL MCGEE
The appeal of Michael McGee, a Building Maintenance Worker with Burlington County, of his removal, effective March 31, 2009, on charges, was heard by Administrative Law Judge Ronald W. Reba (ALJ), who rendered his initial decision on May 24, 2010. At its meeting on July 21, 2010, the Civil Service Commission (Commission), did not adopt the ALJ's recommendation to modify the removal to a six-month suspension. Rather, the Commission upheld the removal. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-51 JOSEPH MORENO
The appeal of Joseph Moreno, a Correction Sergeant with Northern State Prison, Department of Corrections, of his 15-day suspension, on charges, was heard by Administrative Law Judge Leland S. McGee (ALJ), who rendered his initial decision on June 10, 2010. At its meeting on July 21, 2010, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation to modify the 15-day suspension to a five-day suspension. Rather, the Commission upheld the 15-day suspension. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-52 RHONDA MOUNTCASTLE-THOMAS
The appeal of Rhonda Mountcastle-Thomas, a Correction Sergeant at Northern State Prison, Department of Corrections, of her 15 working day suspension, on charges, was heard by Administrative Law Judge Kelly J. Kirk (ALJ), who rendered her initial decision on June 10, 2010. At its meeting on July 21, 2010, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation to modify the 15 working day suspension to a 10 working day suspension. Rather, the Commission upheld the 15 working day suspension. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-53 FRANCIS SALENSKY
The appeal of Francis Salensky, a Senior Parole Officer with the State Parole Board, of his 120 working day suspension, beginning September 30, 2008, on charges, was heard by Administrative Law Judge Israel D. Dubin (ALJ), who rendered his initial decision on May 20, 2010. At its meeting on July 21, 2010, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation to modify the penalty to a five working day suspension. Rather, the Commission modified the penalty to a 60 working day suspension. The proposed decision is now submitted for the Commission's review
ACTION: The Civil Service Commission adopted the decision.
B-54 WANDA BENNETT, ET AL.
Wanda Bennett, Barbara Bocchicchio, Mary Brown, Deborah Exter, Sharon Miller, Tracey Morgan, Dorothy Murphy, Jennifer Perez, Debra Pitts-Etheridge, and Helen Sedgley (Southern Region), and Maxine Campbell-Jenkins, Catherine Graham, Joanne Jones, Sharice Jones, Lillie Pinckney, Gina Pulliam, Kathleen Sturcke and Annabelle Twiggs (Metropolitan Region), appeal the decisions of the Division of Selection Services that they did not meet the experience requirements, or did not meet the experience requirements for the substitution clause for education, for the promotional examinations for Management Assistant (PS3390K) and (PS4166K), Department of Children and Families.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-55 JEFFREY BERWICK
Jeffrey Berwick appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Program Support Specialist 2 (Assistance Programs) (PS5165K), Department of Human Services.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-56 SHARON T. BRITTON AND ADRIANNE NEIS
Sharon T. Britton and Adrianne Neis appeal the determinations of the Division of Selection Services which found that they did not meet the requirements for the promotional examination for Technical Support Specialist 1 (PS8453K), Department of Children and Families.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-57 ERIC BULWITH AND SHANITA RODRIGUEZ
Eric Bulwith and Shanita Rodriguez appeal the determinations of the Division of Selection Services that they did not meet the experience requirement for the promotional examination for Deputy Municipal Court Administrator (PM0768K), Jersey City.
ACTION: The Civil Service Commission directed that these appeals be granted.
B-58 AMANDA CLYNE
Amanda Clyne appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in education and experience for the open competitive examination for Program Development Specialist 2 Energy Conservation (S0052M), Department of Community Affairs.
ACTION: The Civil Service Commission directed that this appeal be denied but referred the matter of the appellant's current classification to the Division of State and Local Operations for review.
B-59 KENNETH J. DEFILIPPO
Kenneth J. DeFilippo appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Supervisor of Data Entry Machine Operations (PC0490L), Hudson County.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-60 CHRIS DEMARCO
Chris DeMarco appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Data Processing Analyst 2 (PS5976K), Department of Human Services.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-61 MICHELE GILLILAND
Michele Gilliland appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Administrative Analyst 2, Data Processing (PS3654G), Department of Environmental Protection.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-62 MICHELINA GRONINGER
Michelina Groninger appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Procurement Specialist 2 (PS5787U), Department of the Treasury.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-63 MICHELINA GRONINGER AND ANNA MARIE MILLER
Michelina Groninger and Anna Marie Miller appeal the determinations of the Division of Selection Services which found that, per the substitution clause for education, they were below the minimum requirements in experience for the promotional examination for Procurement Specialist 3 (PS5805U), Department of the Treasury.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-64 CHISONI JACKSON
The appointing authority appeals the determination of the Division of Selection Services which found that Chisoni Jackson did not meet the experience requirements for the promotional examination for Personnel Aide 1 (PS5722K), Department of Children and Families.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-65 ROSSANA JAWORSKI
Rossana Jaworski appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she was below the experience requirements for the promotional examination for Administrative Assistant 1 (PS5782T), Motor Vehicle Commission.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-66 JUDI KLEY
Judi Kley appeals the determinations of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examinations for Supervisor of Transportation Services (PS7028K) and (PS5924K), Department of Children and Families.
ACTION: The Civil Service Commission directed that the appeal regarding PS7028K be denied and directed that the appeal regarding PS5924K be granted.
B-67 HOWARD B. MARKOWITZ
Howard B. Markowitz appeals the determination of the Division of Selection and Services which found that he did not meet the requirements for the open competitive examination for Auditor 3 (S1191L).
ACTION: The Civil Service Commission directed that this appeal be denied.
B-68 MARY MOONEY
Mary Mooney appeals the decision of the Division of Selection Services which found that per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Assistant Purchasing Agent (PM1878K), Atlantic City.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-69 LAWRENCE C. REAVES
Lawrence C. Reaves appeals the determination of the Division of Selection Services which found that he did not meet the requirements for the promotional examination for Instructor Counselor (PS0836K), Department of Human Services.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-70 MARY ROSE STEVENS
Mary Rose Stevens appeals the determination of the Division of Selection Services which found that she did not meet the requirements for the promotional examination for Pension Fund Supervisor (PC1231L), Passaic County.
ACTION: The Civil Service Commission directed that this appeal be granted.
VOTE: Robert M. Czech (Yes)
Flavella Branham (Yes)
John Currie (Abstained)
Vincent E. Giordano (Yes)
B-71 LEIGH THATCHER
Leigh Thatcher appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the open competitive examination for Crime Prevention Aide (M0069M), Hamilton Township.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-72 LEON WILLIAMS
Leon Williams appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the open competitive examination for Deputy Director of Human Services (M0206M), Trenton.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-73 PHILIP BUSSEY
Philip Bussey appeals his score for the oral portion of the promotional examination for Fire Captain (PM3545L), West Orange.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-74 JOSEPH BYRNE
Joseph Byrne appeals his score for the oral portion of the promotional examination for Fire Captain (PM3545L), West Orange.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-75 JOSE CASIAS
Jose Casias appeals his score for the oral portion of the promotional examination for Fire Captain (PM3527L), Bayonne.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-76 PATRICK FLYNN
Patrick Flynn appeals his score for the oral portion of the promotional examination for Fire Captain (PM3540L), Ocean City.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-77 WILLIAM JASOLOSKY
William Jasolosky appeals his score for the oral portion of the promotional examination for Fire Captain (PM3527L), Bayonne.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-78 DOUGLAS JOHNSON
Douglas Johnson appeals his score for the oral portion of the promotional examination for Fire Captain (PM3545L), West Orange.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-79 WILLIAM MARTIN
William Martin appeals his score for the oral portion of the promotional examination for Fire Captain (PM3540L), Ocean City.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-80 BRENT MEISENHELTER
Brent Meisenhelter appeals his score for the oral portion of the promotional examination for Fire Captain (PM3540L), Ocean City.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-81 MICHAEL PETRAKIAN
Michael Petrakian appeals his score for the oral portion of the promotional examination for Fire Captain (PM3527L), Bayonne.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-82 THOMAS SHALLCROSS
Thomas Shallcross appeals his score for the oral portion of the promotional examination for Fire Captain (PM3540L), Ocean City.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-83 RICHARD SMITH
Richard Smith appeals his score for the oral portion of the promotional examination for Fire Captain (PM3545L), West Orange.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-84 THEODORE WOLF, JR.
Theodore Wolf, Jr. appeals his score for the oral portion of the promotional examination for Fire Captain (PM3527L), Bayonne.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-85 PAUL CIFUENTES
Paul Cifuentes, represented by Micheal Testa, Esq., appeals the administration of the bilingual portion of the Law Enforcement Examination (S9999K) for various titles.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-86 SHANE MORGAN
Shane Morgan, represented by Bohdan Zachariasevych, Esq., appeals the administration of the bilingual portion of the Law Enforcement Examination (S9999K) for various titles.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-87 RESOLUTION HONORING MARGARET E. L. HOWARD
Submitted for the Civil Service Commission's adoption is a Resolution Honoring Margaret E. L. Howard for her service on the Civil Service Commission.
ACTION: The Civil Service Commission adopted the resolution.
B-88 CIVIL SERVICE COMMISSION MEETING MINUTES
The Minutes of the Civil Service Commission meeting of July 21, 2010 are submitted for adoption.
ACTION: The Civil Service Commission adopted the minutes of its meeting of July 21, 2010.
B-89 MATTHEW GREER
The Gloucester Township Fire District #6 (Gloucester) and Matthew Greer, represented by Jason E. Sokolowski, Esq., request reconsideration of the decision rendered on November 18, 2009, which denied the Division of State and Local Operations' request to permit Mr. Greer to intergovernmentally transfer from Gloucester to Winslow Township Fire District #1 as a Fire Fighter.
ACTION: The Civil Service Commission denied the request for reconsideration.
B-90 PROPOSED AMENDMENT: N.J.A.C. 4A:6-1.2, VACATION LEAVE
Submitted for the Commission's review is a Notice of Proposal to amend N.J.A.C. 4A:6-1.2, Vacation Leave. The proposed amendment would codify the Paid Leave Bank provision of the Memoranda of Agreement between the State and those collective negotiations units representing employees of the State colleges and universities. It is recommended that this proposal be approved for publication in the New Jersey Register for public notice and comment.
ACTION: The Civil Service Commission approved the proposed amendment for publication in the New Jersey Register.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, August 18, 2010, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
____________________________________
Robert M. Czech
Chairperson
Civil Service Commission | 
