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Deirdré L. Webster Cobb, Chairperson
Dolores Gorczyca
Daniel W. O’Mullan
Diomedes Tsitouras
September 2, 2020
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A regular meeting of the Civil Service Commission was held on Wednesday, September 2, 2020, at 10:00 a.m., in Trenton, New Jersey.
PRESENT: Deirdré L. Webster Cobb, Chairperson, Members Dolores Gorczyca, Daniel W. O’Mullan and Diomedes Tsitouras; Pamela Ullman, Deputy Attorney General; Christopher Myers, Director, Division of Appeals and Regulatory Affairs. All individuals listed participated via teleconference.
In accordance with L.1975, c.231, the Secretary to the Civil Service Commission opened the meeting with the following statement:
Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on November 13, 2019, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified.
CIVIL SERVICE COMMISSION MINUTES
Submitted for adoption are the Civil Service Commission minutes of its meeting of August 19, 2020.
ACTION: The Civil Service Commission adopted the minutes of its meeting of August 19, 2020.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
David Stephenson, Police Officer, City of East Orange, Department of Public Safety, 20 calendar day suspension.
David Stephenson, Police Officer, City of East Orange, Department of Public Safety, 20 calendar day suspension.
ACTION: The Civil Service Commission noted the withdrawal of appeals without prejudice.
SECTION A – HEARING MATTERS
A-1 SETTLEMENTS
Ronaldi Espinal
City of Newark
Department of Public Safety
Suspension
John Gagliardi
New Jersey State Prison
Department of Corrections
Removal
Barry Hudson
City of Newark
Department of Water and Sewer
Removal
Phillip Spears
City of Newark
Department of Engineering
Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES – SETTLEMENT
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 LAURICE HYNSON - CSC DOCKET NO. 2020-83
Laurice Hynson, Family Service Worker, Essex County, Department of Citizen Services, 60 working day suspension, on charges of failure to perform duties, chronic or excessive absenteeism or lateness 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 BETSY RUGGIERO - CSC DOCKET NO. 2019-1807
Betsy Ruggiero, Keyboarding Clerk 3, Camden County, Department of Finance, removal effective January 3, 2019, on charges of conduct unbecoming a public employee, discrimination that affects equal employment opportunity and other sufficient cause.
Recommendation of the Administrative Law Judge – Modify the removal to a six-month suspension.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to a 30 working day suspension.
SECTION B – MISCELLANEOUS MATTERS
B-1 F.E. – CSC DOCKET NO. 2019-3087
F.E., represented by Corey M. Sargeant, Esq., appeals his rejection as a Police Officer candidate by the Jersey City Police Department and its request to remove his name from the eligible list for Police Officer (S9999U), Jersey City Police Department 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 HERBERT CALDERONE – CSC DOCKET NO. 2020-2130
Herbert Calderone appeals the removal of his name from the eligible list for County Correctional Police Officer (S9999U), Hudson County 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 JOHN KISZKA – CSC DOCKET NO. 2019-3705
John Kiszka appeals the removal of his name from the eligible list for Correctional Police Officer, JJC (S9999U), Juvenile Justice on the basis that he failed to complete pre-employment processing.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-4 FEYISAYO OLADAPO – CSC DOCKET NO. 2021-95
Feyisayo Oladapo requests that her name be changed from suspended to active on the Human Services Assistant Special Reemployment List, to have her name remain on certification OS200142, and to be considered for a position with Greystone Psychiatric Hospital.
ACTION: The Civil Service Commission directed that these requests be granted in part.
B-5 ALBERTO RODRIGUEZ – CSC DOCKET NO. 2020-2307
Alberto Rodriguez requests that the eligible list for Police Officer (S9999U), City of Passaic, be revived so that his name may be certified to the appointing authority.
ACTION: The Civil Service Commission directed that this request be granted.
B-6 DENISE BRONSON – CSC DOCKET NO. 2020-1620
Denise Bronson appeals the decision of the Division of Agency Services which found that her position with the Department of Environmental Protection is properly classified as Secretarial Assistant 3, Non-Stenographic. The appellant sees an Administrative Assistant 3 job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-7 KATHLEES FRIESS – CSC DOCKET NO. 2019-2790
Kathleen Friess appeals the decision of the Division of Agency Services which found that her position with the Department of Law and Public Safety is properly classified as Program Specialist 2. The appellant seeks a Program Coordinator job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-8 BERNADINE JONES – CSC DOCKET NO. 2020-524
Bernadine Jones appeals the decision of the Division of Agency Services which found that her position with Willingboro Township is properly classified as Records Support Technician 2. The appellant seeks a Support Technician 3 job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-9 DAVID WEISSMAN – CSC DOCKET NO. 2021-165
David Weissman 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 Supply Support Technician 3. The appellant seeks a Supply Support Technician 2 job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-10 OSCAR MEJIA – CSC DOCKET NO. 2021-121
Oscar Mejia appeals the decision of the Division of Agency Services that the proper classification of his position is Investigator 2, Law and Public Safety. The appellant seeks an Investigator 3, Law and Public Safety job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-11 LEO PURSELL, JR. – CSC DOCKET NO. 2020-847
The Borough of Alpha, represented by Francesco Taddeo, Esq., appeals the decision of the Division of Agency Services which determined that Leo Pursell, Jr.’s position is properly classified as Senior Public Works Repairer. The appointing authority seeks a Public Works Repairer job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-12 MELBA RODRIGUEZ – CSC DOCKET NO. 2021-55
Melba Rodriguez appeals the decision of the Division of Agency Service which found that her position with the Department of Law and Public Safety is properly classified as Secretarial Assistant 3, Non-Stenographic. The appellant seeks an Administrative Assistant 2 job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-13 RONA WADE-BLAIR – CSC DOCKET NO. 2021-120
Rona Wade-Blair appeals the decision of the Division of Agency Service that the proper classification of her position is Agency Services Representative 3. The appellant seeks an Agency Services Representative 4 job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-14 SUSAN L. GAEB – CSC DOCKET NO. 2020-2171
Susan L. Gaeb appeals the determination of the Division of Agency Services which found that she did not meet the requirements for the examination for Recreation Supervisor (M0936A), Rockaway Township.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-15 KEITH HAMILTON – CSC DOCKET NO. 2021-159
Keith Hamilton appeals the decision of the Division of Agency Services which found him ineligible for the promotional examination for Director of Redevelopment (PM1594A), Newark.
ACTION: The Civil Service Commission directed that this appeal be denied.
VOTE: Deirdrè L. Webster Cobb (Yes)
Dolores Gorczyca (Recuse)
Daniel W. O’Mullan (Yes)
Diomedes Tsitouras (Yes)
B-16 MARCIN KOC AND MICHAEL PITTA – CSC DOCKET NOS. 2021-33 AND 2021-62
Marcin Koc and Michael Pitta appeals the determinations of the Division of Agency Services that they did not meet the experience requirements for the promotional examination for Equipment Operator (PC1598A), Ocean County.
ACTION: The Civil Service Commission directed that these appeals be granted.
B-17 PATRICK ONWUNAKA – CSC DOCKET NO. 2020-1856
Patrick Onwunaka appeals the decision of the Division of Agency Services which found that he did not meet the educational requirements for the promotional examination for Rehabilitation Counselor, Mental Health (PS0319H), Department of Health.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-18 ANGEL THOMAS – CSC DOCKET NO. 2021-108
Angel Thomas appeals the determination of the Division of Agency Services which found that she did not meet the minimum requirements in experience for the promotional examination for Auditor 1, Taxation (PS0945U), Department of the Treasury.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-19 MICHAEL CUCCINIELLO – CSC DOCKET NO. 2021-84
Michael Cucciniello, a Police Sergeant with South Orange, represented by Michael A. Bukosky, Esq., petitions the Civil Service Commission for interim relief regarding his pending disciplinary action.
ACTION: The Civil Service Commission directed that this petition be denied.
B-20 JOHN BOEREN, ET AL. – CSC DOCKET NOS. 2020-1321, ET AL.
John Boeren, Robert Cottrell, Paul Liobe and Thomas Lorenz, former County Correction Officers with the Sussex County Sheriff’s Office, appeal the determinations of their layoff rights by the Division of Agency Services.
ACTION: The Civil Service Commission directed that these appeals be granted in part.
B-21 LEO BLAKE – CSC DOCKET NO. 2021-100
Leo Blake appeals his score and rank on the Resource Interpretive Specialist 3 (PS9470G), Department of Environmental Protection eligible list.
ACTION: The Civil Service Commission directed that this appeal be granted in part.
B-22 MARTIN ANTELO – CSC DOCKENT NO. 2020-2566
Martin Antelo requests that he be permitted to amend his application after the closing date for the Entry Level Law Enforcement Examination (S9999A).
ACTION: The Civil Service Commission directed that this request be granted.
B-23 DESIREE BONET – CSC DOCKET NO. 2020-2690
Desiree Bonet requests that she be permitted to amend her application after the closing date for the Entry Level Law Enforcement Examination (S9999A).
ACTION: The Civil Service Commission directed that this request be denied.
B-24 ERIK BLOUNT, ET AL. - CSC DOCKET NOS. 2021-154, ET AL.
Erik Blount, Tashia Jones, Norberto Soares and Michael Chirico, represented by Giovanna Giampa, Esq., request enforcement of In the Matter of Erik Blount (CSC, decided June 17, 2020), In the Matter of Tashia Jones (CSC, decided June 17, 2020), In the Matter of Norberto Soares (CSC, decided June 17, 2020) and In the Matter of Michael Chirico (CSC, decided June 17, 2020), where Newark was ordered to either reinstate the petitioners or commence departmental hearings.
ACTION: The Civil Service Commission ordered Newark to immediately reinstate the petitioners or hold departmental hearings and remit a fine of $4,000 for its noncompliance.
B-25 LOTRICE STATES – CSC DOCKET NO. 2020-2140
Lotrice States, a Temporary Employment Service employee with the State Agriculture Development Committee, Department of Agriculture, requests a waiver of an overpayment of her sick leave entitlements, pursuant to N.J.S.A. 11A:3-7, which provides that when an employee has erroneously received a salary overpayment, the Civil Service Commission may waive repayment based on a review of the case.
ACTION: The Civil Service Commission directed that this request be granted.
B-26 COVID-19 TEMPORARY RULE RELAXATIONS
Proposed Notice of Adoption for Temporary Rule Relaxations and Modifications to various provisions of N.J.A.C. 4A in accordance with Section 6 of Executive Order 103, issued in response to the COVID-19 pandemic.
ACTION: The Civil Service Commission adopted and approved the proposed rule relaxations and modifications for publication in the New Jersey Register.
PUBLIC PORTION
No comments.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, September 16, 2020, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.