Civil Service Commission | Meeting Minutes of August 4, 2021

Deirdré L. Webster Cobb, Chairperson

Dolores Gorczyca

Daniel W. O’Mullan

Diomedes Tsitouras

AUGUST 4, 2021

*******************************************************************

A regular meeting of the Civil Service Commission was held on Wednesday, August 4, 2021, 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; Pamela Ullman, Deputy Attorney General; Allison Chris 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 December 2, 2020, 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 July 21, 2021.

ACTION: The Civil Service Commission adopted the minutes of its meeting of July 21, 2021.

WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the hearing calendar:

Steven Hillis, Fire Officer 1, North Hudson Fire and Rescue, suspension.

Antwan Hinton, County Correctional Police Officer, Passaic County Sheriff’s Department, suspension.

Robert Shurran, County Correctional Police 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

Daniel Dougherty

Department of Transportation

Suspension

VOTE: Deirdrè L. Webster Cobb (Yes)

Dolores Gorczyca (Recuse)

Daniel W. O’Mullan (Yes)

Diomedes Tsitouras (Yes)

Malinda Dutton

New Jersey Veterans Memorial Home - Vineland

Department of Military and Veterans Affairs

Removal

Matthew Gartley

Middlesex County

Sheriff’s Department

Suspension

Annette Guzman

City of Passaic

Department of Public Safety

Suspension

Nadia McDaniels

Northern State Prison

Department of Corrections

Suspension

Thomas Pascucci

Borough of South Toms River

Department of Public Works

Removal

Melvin Robinson

Northern State Prison

Department of Corrections

Suspension

ACTION: The Civil Service Commission acknowledged the settlements.

A-2 JULIUS GAINES – CSC DOCKET NO. 2021-359

Julius Gaines, Laborer 1, City of Newark, Department of Public Works, 60 working day suspension on charges of incompetency, inefficiency or failure to perform duties, chronic or excessive absenteeism or lateness, conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge – Uphold the 60 working day suspension.

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

A-3 DANYDSA KELTOS - CSC DOCKET NO. 2021-477

Danydsa Keltos, Graduate Nurse, Hudson County, Department of Corrections, 90 working day suspension on charges of incompetency, inefficiency or failure to perform duties, insubordination, conduct unbecoming a public employee, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge – Uphold the 90 working day suspension.

ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge and ordered retraining in the proper policies and procedures regarding securing medications.

A-4 PHILLIP LAU – CSC DOCKET NO. 2019-3675

Phillip Lau, Truck Driver, City of Millville, Department of Parks and Public Property, removal, effective June 5, 2019, on charges of violation of federal regulations concerning drug and alcohol use by and testing of employees who perform functions related to the operation of commercial motor vehicles.

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 D.C. – CSC DOCKET NO. 2021-517

D.C. appeals his rejection as a Police Officer candidate by the City of Paterson and its request to remove his name from the eligible list for Police Officer (S9999A), on the basis of psychological unfitness to perform effectively the duties of the position.

ACTION: The Civil Service Commission directed that the appellant be referred for an independent psychological evaluation.

B-2 C.W.G. – CSC DOCKET NO. 2021-437

C.W.G., represented by John D. Feeley, Esq., appeals his rejection as a Police Officer candidate by the Township of West Orange and its request to remove his name from the eligible list for Police Officer (S9999A), 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-3 J.H. – CSC DOCKET NO. 2021-102

J.H. appeals his rejection as a Correctional Police Officer candidate by the Department of Corrections and its request to remove his name from the eligible list for Correctional Police Officer (S9988A), on the basis of psychological unfitness to perform effectively the duties of the position.

ACTION: The Civil Service Commission directed that the appellant be referred for an independent psychological evaluation.

B-4 J.L.M. – CSC DOCKET NO. 2021-490

J.L.M., represented by Robert K. Chewning, Esq., appeals his rejection as Police Officer candidate by North Bergen and its request to remove his name from the eligible list for Police Officer (S9999A), 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-5 S.L. – CSC DOCKET NO. 2021-655

S.L., a former Police Officer with the City of Wildwood, represented by Thomas Cushane, Esq., requests reinstatement to her former position, and an award of back pay and counsel fees.

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

B-6 KEITH SCOTT – CSC DOCKET NO. 2021-1868

Keith Scott, a Senior Correctional Police Officer with Garden State Youth Correctional Facility, Department of Corrections, represented by Giovanna Giampa, Esq., petitions the Civil Service Commission for interim relief of his immediate suspension.

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

B-7 BELINDA BUTLER – CSC DOCKET NO. 2021-1592

Belinda Butler appeals the decision of the Division of Agency Services which found that her position with the Department of Human Services is properly classified as Agency Services Representative 2. The appellant seeks an Agency Services Representative 3 or Principal Clerk Typist job classification.

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

B-8 GEORGE CEVASCO – CSC DOCKET NO. 2021-1587

George Cevasco appeals the determination of the Division of Agency Services which found that he did not meet the minimum requirements in experience, per the substitution clause for education, for the open competitive examination for Supervisor Information Technology (C0353B), Ocean County.

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

B-9 DONALD KERN – CSC DOCKET NO. 2022-2

Donald Kern appeals the determination of the Division of Agency Services that he did not meet the experience requirements for the promotional examination for Manager 2, MVC (PS3979T), Motor Vehicle Commission.

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

B-10 TRINA LUCAS – CSC DOCKET NO. 2021-1852

Trina Lucas appeals the determination of the Division of Agency Services that she was ineligible for the promotional examination for Clerk 3 (PM2673B), Newark School District, because she had no permanent status as of the closing date.

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

B-11 BRYAN MULLEN – CSC DOCKET NO. 2021-889

Bryan Mullen appeals the determination of the Division of Agency Services, which found that he did not meet the experience requirement for the promotional examination for Public Works Superintendent (PM2184B), Delran Township.

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

B-12 ISAAC TONEY, JR. – CSC DOCKET NO. 2021-1584

Isaac Toney, Jr., 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 Customer Service Representative (M0585B), Trenton.

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

B-13 MARC WARTENBERG – CSC DOCKET NO. 2021-1681

Marc Wartenberg appeals the determination of the Division of Agency Services that he does not meet the experience requirements for the promotional examination for Supervisor Information Technology, Help Desk (PS2706K), Department of Human Services.

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

B-14 LATISHA WILLINGHAM – CSC DOCKET NO. 2021-1860

Latisha Willingham requests to file a late application for the promotional examination for Safety Specialist 2, MVC (PS2745T), Motor Vehicle Commission.

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

B-15 OMAR HOWARD – CSC DOCKET NO. 2022-63

The Department of Corrections requests that Omar Howard receive a retroactive permanent appointment date as a Principal Investigator, Parole and Secured Facilities, effective January 4, 2020.

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

B-16 ASSISTANT HOUSEKEEPING SUPERVSOR 1 (S0510W), RAMAPO COLLEGE OF NEW JERSEY – CSC DOCKET NO. 2019-3563

The appointing authority’s failure to dispose of the certification for Assistant Housekeeping Supervisor 1 (S0510W), Ramapo College of New Jersey, while a provisional is serving in the title, has been referred to the Civil Service Commission for enforcement.

ACTION: The Civil Service Commission directed that this request is moot, and ordered that a promotional examination be announced.

B-17 ASSISTANT PROGRAM ANALYST (C0867R/C0316T), BERGEN COUNTY, ET AL. – CSC DOCKET NOS. 2022-57, ET AL.

Bergen County requests permission not to make appointments from certifications for various lists, Bergen County.

ACTION: The Civil Service Commission granted the appointment waiver and assessed no selection costs.

B-18 D.S. – CSC DOCKET NO. 2021-1146

D.S., a Correctional Police Lieutenant with the Department of Correction, appeals the determination of the Equal Employment Division, Department of Corrections, which found that the appellant failed to support a finding that he 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-19 R.K. – CSC DOCKET NO. 2021-109

R.K., a Cottage Training Supervisor at Vineland Developmental Center appeals the determination of the Chief of Staff, Department of Human Services, which found that she failed to present sufficient evidence to support a finding 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-20 EVAN ANDROCY – CSC DOCKET NO. 2021-1429

Evan Androcy, represented by Robert A. Ebberup, Esq., appeals the removal of his name from the Regular Reemployment List for Police Officer, Lacey Township, on the basis of an unsatisfactory background report.

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

B-21 SHAWN WENTZ – CSC DOCKET NO. 2022-117

Shawn Wentz, represented by Michael C. Mormando, Esq., requests a retroactive date of appointment pursuant to a settlement agreement.

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

B-22 VICTOR BABECKI - CSC DOCKET NO. 2021-1925

Victor Babecki appeals the determination of the Division of Agency Services that he did not meet the experience requirements for the promotional examination for Supervisor of Postal Services (PS4187I), Department of Corrections.

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

B-23 ROBERT JACKSON- CSC DOCKET NO. 2021-1972

Robert Jackson appeals the determination of the Division of Agency Services that he did not meet the experience requirements for the promotional examination for Agency Services Representative 3 (PS4325K), Division of Developmental Disabilities.

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

B-24 SHANNON MANN - CSC DOCKET NO. 2021-1980

Shannon Mann appeals the determination of the Division of Agency Services that she did not meet the education requirements for the promotional examination for Microbiologist 1 (PS3949A), Department of Agriculture.

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

B-25 PROPOSED NEW RULES N.J.A.C. 4A:4-3.11 AND N.J.A.C. 4A:4-3.12

Notice of Proposal for new rules, N.J.A.C. 4A:4-3.11 - Certain entry-level law enforcement appointments, exemption from entry level law enforcement examination, and N.J.A.C. 4A:4-3.12 - Procedures for certain entry-level law enforcement appointments who are exempted from entry-level law enforcement examination.

ACTION: The Civil Service Commission approved the proposed new rules for public notice and comment 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, September 1, 2021, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.