Civil Service Commission | Meeting Minutes of September 15, 2010

Robert M. Czech, Chairperson
Flavella Branham
John Currie
Vincent E. Giordano

A regular meeting of the Civil Service Commission was held on Wednesday, September 15, 2010, in Trenton, New Jersey.

PRESENT: Robert M. Czech, Chairperson; Members Flavella Branham, John Currie and Vincent 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 Ronnie Almond
Department of Children and Families
Release at the end of the working test period

In the Matter of Mary Annelli
Washington Borough
Library
Layoff

In the Matter of Omar Atshan
Commission for the Blind and Visually Impaired
Department of Human Services
Suspension

In the Matter of Bonita Benson
Ancora Psychiatric Hospital
Department of Human Services
Suspension

In the Matter of Gladys Blake
North Jersey Developmental Center
Department of Human Services
Suspension

In the Matter of Todd Bozarth
Ocean County
Department of Vehicle Services
Removal

In the Matter of Stephen Dehorsey, Jr.
North Wildwood
Department of Recreation
Fine

In the Matter of Maria Dicino
Atlantic County
Department of Human Services
Release at the end of the working test period

In the Matter of Jacqueline Green
Greenbrook Regional Center
Department of Human Services
Removal

In the Matter of Karen Grier
Essex County
Department of Corrections
Removal

In the Matter of Eric Kjems
Borough of Carteret
Fire Department
Removal

In the Matter of Jennifer McCrary
New Lisbon Developmental Center
Department of Human Services
Suspension

In the Matter of Shawn Morgan
City of Newark
Police Department
Suspension

In the Matter of William Primo, Jr.
Monroe Township
Police Department
Removal

In the Matter of Carlos Resto
Juvenile Justice Commission
Department of Law and Public Safety
Suspension

In the Matter of Eric Silverman
City of Trenton
Police Department
Suspension

In the Matter of Miriam Torres
City of Vineland
Health Department
Release at the end of the working test period

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

ACTION: The Civil Service Commission acknowledged the settlements.

A-2 ATLANTIC COUNTY LAYOFF 2009

Crystal Corbitt, Betsey G. Heil and Juanita Gunter, Motor Vehicle Operators, Elderly and Handicapped Persons, Atlantic County, Department of Community Development Economic Assistance, appeal the good faith of their layoffs effective December 31, 2009, for reasons of economy.

Recommendation of the Administrative Law Judge - Grant the appointing authority's motion for summary decision and dismiss appeals.

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

A-3 KENNETH BOLTON, ROBERT KNOBLOCK AND MICHAEL LUBRANO

Kenneth Bolton, removal effective July 20, 2007, and Robert Knoblock and Michael Lubrano, removals effective March 1, 2007, County Correction Officers, Mercer County, Department of Corrections, on charges of conduct unbecoming a public employee, inappropriate physical contact or mistreatment of a patient, client, resident or employee, violation of administrative procedures and/or regulations involving safety and security and failure to report injury, abuse or accident involving patient, resident or client and intentional abuse or misuse of authority or position.

Recommendation of the Administrative Law Judge - Modify the removal of Kenneth Bolton to a five-day suspension and uphold the removals of Robert Knoblock and Michael Lubrano.

ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to a 20-day suspension for Kenneth Bolton and upheld the removals of Robert Knoblock and Michael Lubrano.

VOTE:           Robert M. Czech                   (Yes)
                        Flavella Branham       (Yes)
                        John Currie                (Yes)
                        Vincent E. Giordano (No)

A-4 DIANE HARPER

Diane Harper, Police Communications Clerk, City of Newark, Police Department, six-month suspension on charges of neglect of duty and chronic inefficiency or incompetency.

Recommendation of the Administrative Law Judge - Uphold the six-month suspension.

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

A-5 TYRONE JOHNSON

Tyrone Johnson, Security Guard, Newark School District, 20-day suspension on charges of conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Reverse the 20-day suspension.

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

VOTE:           Robert M. Czech                   (Yes)
                        Flavella Branham       (Yes)
                        John Currie                (Yes)
                        Vincent E. Giordano (Abstained)

A-6 BIENVENIDO MONTALVO

Bienvenido Montalvo, Senior Correction Officer, Northern State Prison, Department of Corrections, 45-working day suspension on charges of insubordination, conduct unbecoming a public employee, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge - Modify the 45-working day suspension to a 15-working day suspension.

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

A-7 ODISE CARR

Odise Carr, Police Officer, City of Camden, Police Department, removal on charges of violation of Police Department rules and regulations and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-8 GREGORY VOCI

Gregory Voci, Police Officer, Atlantic City, Department of Public Safety, removal on charges of violation of Department rules and regulations regarding outside employment, truthfulness 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.

VOTE:         Robert M. Czech                             (Yes)
                      Flavella Branham                            (Yes)
                      John Currie                                      (Yes)
                      Vincent E. Giordano                       (No)

A-9 NICOLE GLONEK

Nicole Glonek, Senior Clerk Typist, Hamilton Township, Municipal Court, removal effective June 11, 2008, on charges of incompetency, inefficiency or failure to perform duties, and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Modify the removal to a 90-day suspension.

ACTION: The Civil Service Commission rejected the initial decision of the Administrative Law Judge and acknowledged the settlement.

A-10 VARIAN M. JONES

Varian M. Jones, Emergency Service Patrol Apprentice, Department of Transportation, return to formerly held permanent title of Maintenance Worker 1, at the end of the working test period effective May 16, 2007.

Recommendation of the Administrative Law Judge - Grant the appointing authority's motion to dismiss the appeal as moot.

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

A-11 TRACY LEE

Tracy Lee, Communications Officer, South Woods State Prison, Department of Corrections, 15-working day suspension on charges of insubordination and other sufficient cause.

Recommendation of the Administrative Law Judge - Modify the 15-working day suspension to a five-working day suspension.

ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to uphold the 15-working day suspension.

A-12 PAUL MESSINA

Paul Messina, Police Captain, City of Trenton, Police Department, 20-day suspension on charges of unbecoming a public employee and violation of various Police Department rules and regulations and imposition of a 30-day suspension which had been held in abeyance.

Recommendation of the Administrative Law Judge - Modify the 20-day suspension to a five-day suspension and impose the prior 30-day suspension which had been held in abeyance.

ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to uphold the 20-day suspension and impose the prior 30-day suspension.

A-13 LUIS SANTIANO

Luis Santiago, Police Officer, City of Bridgeton, Department of Public Safety, fine in the amount of $6,468.00 (equal to 30 days' pay) on charges of insubordination, compromising administrative cases and neglect of duty.

Recommendation of the Administrative Law Judge - Modify the fine of $6,468.00 (equal to 30 days' pay) to a fine equal to 10 days' pay.

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

A-14 WALTER YOUNG (REMAND)

Walter Young, Police Lieutenant, Township of Irvington, Police Department, 10-working day suspension, on charges of conduct unbecoming a public employee, and violation of Police Department rules regarding use of derogatory terms.

Recommendation of the Administrative Law Judge - Uphold the 10-working day suspension.

ACTION:       The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
VOTE:           Robert M. Czech                   (Yes)
                        Flavella Branham       (Abstained)
                        John Currie                (Yes)
                        Vincent E. Giordano (Yes)

A-15 NIGHAT HUSSAIN

Nighat Hussain, Cottage Training Technician, Hunterdon Developmental Center, Department of Human Services, removal effective April 16, 2009, on charges of physical or mental abuse of a patient, client, resident or employee, inappropriate physical contact or mistreatment of a patient, client, resident, or employee, falsification, violation of administrative procedure, conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Reverse the removal.

ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to an official written reprimand.

VOTE:           Robert M. Czech                   (Yes)
                        Flavella Branham       (Yes)
                        John Currie                (Yes)
                        Vincent E. Giordano (Yes)

The Civil Service Commission further awarded counsel fees in the amount of 50 percent of services.

A-16 ANITRA JOHNSON

Anitra Johnson, Senior Correction Officer, Northern State Prison, Department of Corrections, removal effective April 16, 2010, on charges of conduct unbecoming a public employee, falsification, improper or unauthorized contact with inmate, and undue familiarity with inmates, parolees, their families or friends 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.

A-17 IRENE M. PERCELLI

Irene M. Percelli appeals the decision of the Division of Local Human Resource Management, which upheld the removal of her name from the Principal Librarian (M6208J), Trenton Library eligible list due to unsatisfactory employment record.

Recommendation of the Administrative Law Judge - Dismiss the appeal as moot and restore the appellant's name to the Principal Librarian (M6208J), Trenton Library eligible list.

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

A-18 MARY SHAMBURGER

Mary Shamburger, Police Aide, City of Newark, Police Department, two removals effective August 5, 2009, on charges of neglect of duty, punctuality, obedience to orders and false statement.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-19 DIANE SINGLETON-BYRD

Diane Singleton-Byrd, Hospital Attendant, Essex County, Department of Health and Rehabilitation, removal effective August 4, 2009, on charges of chronic or excessive absenteeism or lateness, 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.

A-20 MARQUITA TEEL

Marquita Teel, Clerk, Mercer County Board of Social Services, six-day suspension and removal effective July 16, 2009, on charges of insubordination and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the six-day suspension and the removal.

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

SECTION B - MISCELLANEOUS MATTERS

B-1 CHANGE IN THE STATE CLASSIFICATION PLAN

The Division of State and Local Operations requests the inactivation of 90 titles used in local service, effective September 25, 2010.

ACTION: The Civil Service Commission approved the inactivation of the titles.

B-2 MICHAEL J. BERLINSKI

Michael J. Berlinski 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 (S9999K) on the basis of medical unfitness to perform effectively the duties of the position.

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

B-3 SHONELL HOLLAND

Shonell Holland appeals her rejection as a County Correction Officer candidate by Essex County and its request to remove her name from the eligible list for County Correction Officer (S9999H) 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-4 TERRELL K. JONES

Terrell K. Jones, represented by Charles M. Grossman, Esq., appeals his rejection as a Police Officer candidate by Newark and its request to remove his name from the eligible list for Police Officer (S9999H) 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 JIHAD WRIGHT

Jihad Wright, represented by Charles M. Grossman, Esq., appeals his rejection as a Police Officer candidate by Newark and its request to remove his name from the eligible list for Police Officer (S9999H) 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-6 EDWARD BRAUCHLE

Edward Brauchle, a Practical Nurse with the North Jersery 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 denied.

B-7 GERARD CALDARISE

Gerard Caldarise, a Correction Captain at Northern State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Civil Service Commission referred this matter to the Medical Examiners Panel.

B-8 STEPHANIE CARTER-GREEN

Stephanie Carter-Green, a Correction Sergeant with Mid-State Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-9 SANDRA DIAZ

Sandra Diaz, a Cottage Training Technician with North Jersey 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 denied.

B-10 MARK GLOGAU

Mark Glogau, a Landscape Technician with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.

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

B-11 LISA KELLY-CRANMER

Lisa Kelly-Cranmer, a Family Service Specialist 1 with the Division of Youth and Family Services, 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-12 SILVANA MARTINEZ

Silvana Martinez, a Senior Correction Officer with Northern 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 appeal be denied.

B-13 EVA PIOTROWSKI

Eva Piotrowski, an Attorney 1 with the Judiciary, Vicinage 5, Essex County, appeals the denial of sick leave injury (SLI) benefits.

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

B-14 LENNON ROSS, JR.

Lennon Ross, Jr., a Senior Correction Officer with Mountainview Youth Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-15 ALISON STERLING

Alison Sterling, a Cook (12 Months) 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-16 THEODORE TKACS

Theodore Tkacs, an Automotive Mechanic with the Department of the Treasury, appeals the denial of sick leave injury (SLI) benefits.

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

B-17 JACQUALYN TORRE

Jacqualyn Torre, a Supervisor, Food Service Area Operations 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-18 RONALD TUCKER

Ronald Tucker, a Senior Correction Officer at Northern 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 appeal be granted.

B-19 ROBIN WATFORD

Robin Watford, a Human Services Assistant at Vineland 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 denied.

B-20 DORTHEA MCLEAN

Dorthea Mclean appeals the decision of the Division of State and Local Operations, which removed the appellant's name from the Claims Examiner, Unemployment and Disability Insurance (PS3031N), Department of Labor and Workforce Development employment list due to the appellant's failure to respond to the Certification Notice.

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

B-21 JILLIAN TALERICO

Jillian Talerico appeals the decision of the Division of State and Local Operations which upheld the removal of her name from the promotional list for Family Service Specialist 1 (PS6667K), Department of Children and Families, due to her failure to respond to the Notice of Certification.

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

B-22 BISMAR RAMIREZ

Bismar Ramirez appeals the decision of the Division of State and Local Operations, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Fire Fighter (M2383H), City of Passaic, eligible list on the basis of failure to appear for pre-employment processing.

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

B-23 ATLANTIC CITY LAYOFF

The International Association of Fire Fighters Local 198, the Police Officer's Benevolent Association Local 24, the Superior Officers' Association, the Atlantic City White Collar Professional Association, and the American Federation of State, County and Municipal Employees Local 2303, represented by Robert F. O'Brien, Esq., petition the Civil Service Commission for a stay of the layoff of employees in Atlantic City.

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

VOTE:           Robert M. Czech         (Yes)
                        Flavella Branham      (Yes)
                        John Currie           (Yes)
                        Vincent E. Giordano (No)

B-24 JOSEPH RIGANO

Joseph Rigano, represented by Jessica Swenson, Esq., petitions the Civil Service Commission for interim relief regarding Americans with Disabilities Act (ADA) accommodations for the teamwork portion of the test administration for Fire Fighter (M9999M), which is anticipated to be held in the fall.

ACTION: The Civil Service Commission denied the appeal on the merits and dismissed the interim relief request as moot.

B-25 JUAN RODRIGUEZ

The City of Camden, represented by Caryl M. Amana, Esq., requests interlocutory review of the order of Administrative Law Judge (ALJ) Dennis P. Blake in Juan Rodriguez v. City of Camden, CSC Docket No. 2009-4330, OAL Docket No. CSV 8248-09, pursuant to N.J.A.C. 1:1-14.10(a).

ACTION: The Civil Service Commission granted the request for interlocutory review and reversed the ALJ's order in part.

B-26 ASSISTANT PROGRAM ANALYST (C0646L) ESSEX COUNTY

Essex County request permission not to make an appointment from the December 21, 2009 certification for Assistant Program Analyst (C0646L).

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

B-27 BUDGET ANALYST 1 (S0939L), STATEWIDE

The Department of Children and Families requests permission not to make an appointment from the February 9, 2010 certification for Budget Analyst 1 (S0939L).

ACTION: The Civil Service Commission granted the request for an appointment waiver and directed that no selection costs be assessed at this time.
B-28 CASHIER (M0034L), JERSEY CITY

The appointing authority's failure to dispose of the certification for Cashier (M0034L), Jersey City, while a provisional is serving in the title, has been referred to the Civil Service Commission for enforcement.

ACTION: The Civil Service Commission ordered the appointing authority to remove the provisional appointee, make an appointment from the certification, and pay compliance costs.

B-29 CASHIER (M7316G) AND (M1555J), CITY OF CAMDEN

In In the Matter of Cashier (M7316G) and (M1555J), City of Camden (CSC, decided April 15, 2009), the Civil Service Commission (Commission) granted the request of Camden for an appointment waiver from the August 13, 2007 certification and ordered that no selection costs would be assessed at that time since there was a possibility that the list could be utilized prior to its expiration. However, the appointing authority did not utilize the subject eligible list and the matter of the assessment costs is now before the Commission.

ACTION: The Civil Service Commission directed that no selection costs be
assessed.

B-30 COMMUNITY RELATIONS SPECIALIST, BILINGUAL IN SPANISH AND ENGLISH (C0003L), HUDSON COUNTY SHERIFF'S OFFICE

The Division of State and Local Operations requests that the Civil Service Commission order the Hudson County Sheriff's Office to return the November 4, 2009 certification for Community Relations Specialist, Bilingual in Spanish and English (C0003L) for proper disposition.

ACTION: The Civil Service Commission ordered the appointing authority
to make an appointment from the certification for the title of Community Relations Specialist Law Enforcement, Bilingual in Spanish and English.

B-31 CUSTODIAN OF RECORDS (M6696J), NEWARK SCHOOL DISTRICT

The Newark School District requests permission not to make an appointment from the April 21, 2008 certification for Custodian of Records (M6696J).

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-32    DATA CONTROL CLERK (C0515L), BURLINGTON COUNTY

Burlington County requests permission not to make an appointment from the January 12, 2010 certification for Data Control Clerk (C0515L).

ACTION: The Civil Service Commission granted the request for an appointment waiver but assessed partial selection costs in the amount of $1,024.

B-33 GROUNDSKEEPER/MAINTENANCE REPAIRER (C0745L), BURLINGTON COUNTY

Burlington County requests permission not to make an appointment from the January 5, 2010 certification for Groundskeeper/Maintenance Repairer (C0745L).

ACTION: The Civil Service Commission granted the request for an appointment waiver but assessed partial selection costs in the amount of $1,024.

B-34 INVESTIGATOR, BILINGUAL IN SPANISH AND ENGLISH (S0046K), STATEWIDE

The Judiciary, Middlesex County Vicinage, requests permission not to make an appointment from the February 3, 2010 certification for Investigator, Bilingual in Spanish and English (S0046K).

ACTION: The Civil Service Commission granted the request for an appointment waiver and directed that no selection costs be assessed at this time.

B-35 POLICE SERGEANT (PM2592J) AND POLICE CAPTAIN (PM3534J), HOBOKEN

Mark Competello, Tony Bartley, Kevin Cruz, Steven Aguiar, Justin DePascale, William Vera, Damian Uva, Robert Gohde, Patrick McNamara, Saverio Binetti, Arbend Drishti, Joseph Cahill, William Montanez, Anthony Fesken, Alex Gonzalez and Jason Falco, represented by Catherine M. Elston, Esq., appeal the decision of the Division of Selection Services, which denied their request to extend the eligible lists for Police Sergeant (PM2592J) and Police Captain (PM3534J) and to cancel the pending promotional announcements for Police Sergeant (PM5098M) and Police Captain (PM7509M).

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

B-36 PRINCIPAL ACCOUNTANT (M0888K), NEWARK

Newark requests permission not to make an appointment from the February 16, 2010 certification for Principal Accountant (M0888K).

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

B-37 PRINCIPAL CLERK TYPIST, BILINGUAL IN SPANISH AND ENGLISH (M0175L)

The appointing authority's failure to dispose of the certification for Principal Clerk Typist, Bilingual in Spanish and English (M0175L), Jersey City, while a provisional is serving in the title, has been referred to the Civil Service Commission for enforcement.

ACTION: The Civil Service Commission ordered the appointing authority to remove the provisional appointee, make an appointment from the certification, and pay compliance costs.

B-38 PROBATE CLERK (BILINGUAL IN SPANISH AND ENGLISH) (C1833J), CUMBERLAND COUNTY

The Division of State and Local Operations requests that the Civil Service Commission order Cumberland County to schedule the Bilingual Communications Assessment Test for Carmen Vazquez so that it may dispose of the September 25, 2007 certification of the eligible list for Probate Clerk (Bilingual in Spanish and English) (C1833J).

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

B-39 SECRETARIAL ASSISTANT TYPING (M0296L), PLAINFIELD

Plainfield requests permission not to make an appointment from the November 4, 2009 certification for Secretarial Assistant Typing (M0296L).

ACTION: The Civil Service Commission granted the request for an appointment waiver but assessed partial selection costs in the amount of $1,024.

B-40 SOCIAL WORKER (PC1367H), UNION COUNTY

Union County requests the extension of the eligible list for Social Worker (PC1367H).

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

B-41 SUMARA SHAKEEL

Sumara Shakeel, a Home Instructor with the Commission for the Blind and Visually Impaired, Department of Human Services, appeals the decision of the Assistant Commissioner, which found that the appellant did not 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-42 NANCY CAMPBELL

Nancy Campbell, a Senior Communications Operator with the Department of Transportation, appeals the decision of the Executive Director of the Division of Civil Rights and Affirmative Action, which found that the appellant failed 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-43 LILLIAN GUIA

Lillian Guia, a Forensic Scientist 2 with the Division of State Police, Department of Law and Public Safety, appeals the determination of the Acting Chief of Staff, Office of the Attorney General, which found that the appellant failed 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 remanded the matter to the Department of Labor and Workforce Development's Equal Employment Opportunity Office to conduct a supplemental investigation.

VOTE:           Robert M. Czech         (Abstained)
                        Flavella Branham      (Yes)
                        John Currie           (Yes)
                        Vincent E. Giordano (Yes)

B-44    YURY BOGUSLAVSKY

            The Department of Human Services requests that Yury Boguslavsky, an employee with the Division of Family Development, be provided a retroactive placement to step 8 of salary range P21 upon his appointment to the title of Information Technology Specialist, effective July 7, 2007.

ACTION: The Civil Service Commission directed that this request be granted and differential back pay from July 7, 2007 be awarded.

B-45 ASA PARIS

Mercer County petitions the Civil Service Commission for revival of the County Correction Sergeant (PC2666G) eligible list, in order to effectuate the terms of a settlement agreement between Asa Paris and Mercer County.

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

B-46 EMPSON STEWART, ET AL.

The Woodbine Developmental Center petitions for retroactive appointment dates as Senior Practical Nurses for Empson Stewart, Thelma Nottingham, and Barbara Stagg.

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

B-47 MELVIN BUELL

Melvin Buell appeals the decision of the Division of State and Local Operations which found that his position with Atlantic City is properly classified as Senior Maintenance Repairer. Mr. Buell Seeks a Painter or Carpenter job classification in this proceeding.

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

B-48 ERIC CLARK

Eric Clark appeals the decision of the Division of State and Local Operations which found that his position with Atlantic City is properly classified as Maintenance Repairer. Mr. Clark seeks a Painter or Carpenter job classification in his proceeding.

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

B-49 SOFIA KARNAVAS

The Mercer County Prosecutor appeals the decision of the Division of State and Local Operations which found that Sofia Karnavas' position is properly classified as a Senior Clerk Typist. The appointing authority seeks a Senior Docket Clerk, Typing title in this proceeding.

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

B-50 DALE PARICHUK

Dale Parichuk appeals the decision of the Division of State and Local Operations that the proper classification of his position is Investigator 2, Law and Public Safety. Parichuk seeks either an Investigator 1, Law and Public Safety or a Supervising Investigator, Law and Public Safety classification.

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

B-51 MARGARET RANDOLPH

Margaret Randolph 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 Data Entry Machine Operator (Scanning). The appellant seeks a Data Entry Machine Operator or Senior Clerk Typist classification. Further, the Department of Law and Public Safety requests that the provisions of N.J.A.C. 4A:4-1.1(c) be relaxed in order to allow the appellant to be provisionally appointed, pending promotional examination procedures, to the competitive title of Senior Data Entry Machine Operator (Scanning).

ACTION: The Civil Service Commission directed that the classification appeal be denied, but granted the request to relax the provisions of N.J.A.C. 4A:4-1.1(c).

B-52 ROSEMARY SCIABBARRASI

The Mercer County Prosecutor appeals the decision of the Division of State and Local Operations which found that Rosemary Sciabbarrasi's position is properly classified as Senior Clerk Typist. The appointing authority seeks a Senior Docket Clerk, Typing in this proceeding.

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

B-53 LILLIAN FOSTER

Lillian Foster petitions the Civil Service Commission (Commission) for reconsideration of the final administrative decision, rendered on April 29, 2009, in which the Commission upheld the bypass of her name for appointment on the eligible list of Probation Officer (S0300F), Judiciary, Vicinage 9, Middlesex County.

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

B-54 LOUIS P. TOSCANO

Louis P. Toscano, a former Claims Adjudicator Trainee, Disability Determinations with the Department of Labor and Workforce Development (Labor), appeals various issues concerning his offer of employment with Labor. Mr. Toscano also requests reconsideration of the decision rendered on April 15, 2009, which found that his appeal of his May 17, 1985 resignation in good standing was out of time.

ACTION: The Civil Service Commission directed that this appeal and request for reconsideration be denied.

B-55 ZONING OFFICER (M6137J) AND (M0573K), LAWNSIDE BOROUGH

Lawnside Borough, represented by Morris G. Smith, Esq., requests reconsideration of the decision rendered on April 28, 2010 by the Civil Service Commission in In the Matter of Zoning Officer (M6137J) and (M0573K), Lawnside Borough, which ordered it to immediately remove the provisional incumbent, Bernadette Jefferson, properly dispose of the November 20, 2008 certification within 30 days, and remit $500 in compliance costs.

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

B-56 ROBERT FERGUSON

The appeal of Robert Ferguson, a Senior Correction Officer at the Adult Diagnostic and Treatment Center, Department of Corrections, of his removal, on charges, was heard by Administrative Law Judge Gail M. Cookson (ALJ), who rendered her initial decision on June 15, 2010. At its meeting on August 18, 2010, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation to reverse the removal. Rather, the Commission remanded the matter to the Office of Administrative Law for further proceedings. The proposed decision is now submitted for the Commission's review.

ACTION: The Civil Service Commission adopted the decision.

B-57 ORLANDO MERCADO

The appeal of Orlando Mercado, a Senior Correction Officer with Northern State Prison, Department of Corrections, of his 60 working day suspension, on charges, was heard by Administrative Law Judge Kimberly A. Moss (ALJ), who rendered her initial decision on June 28, 2010. At its meeting on August 18, 2010, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation to modify the 60 working day suspension to a 35 working day suspension. Rather, the Commission upheld the 60 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-58 WALTER ZAPOLUCH

The appeal of Walter Zapoluch, a Sheriff's Officer Sergeant with the Office of the Sheriff, Hudson County, of his 45 working day suspension, on charges, was heard by Administrative Law Judge Walter M. Braswell (ALJ), who rendered his initial decision on July 7, 2010. At its meeting on August 18, 2010, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation to uphold the 45 working day suspension. Rather, the Commission increased the penalty to a 60 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-59 HELEN FORD

Hudson County, represented by Christina Michelson, Esq., seeks Civil Service Commission resolution of a dispute concerning back pay and benefits due to Helen Ford as a result of the decision, rendered on September 2, 1009, which reversed her removal.

ACTION: The Civil Service Commission awarded back pay in the amount of $78,454.20 and reimbursement for health insurance premiums in the amount of $26,741.56.

B-60 JOSE GONZALES, ET AL.

Jose Gonzales, represented by Kathryn H. Acosta, Esq., and Andre L. Corbin, Brent Dooley, and Glenn Abrams, represented by Jeffrey R. Caccese, Esq., request relief regarding their positions as Police Officers with Atlantic City.

ACTION: The Civil Service Commission directed that these petitions be dismissed as untimely.

B-61 SAAD RADWAN EID

Saad Radwan Eid, a Custodial Worker with a Low Pressure License with the Borough of Carteret, represented by Michael D. Brottman, Esq., requests that he be reinstated to employment with back pay, benefits and counsel fees, effective September 18. 2009.

ACTION: The Civil Service Commission directed that this matter be transmitted to the Office of Administrative Law for a hearing.

B-62 JOSHUA SMITH

Joshua Smith, a Senior Correction Officer at South Woods State Prison, Department of Corrections, represented by Michael K. Sharp, Policeman's Benevolent Association (PBA) Local 105, appeals his indefinite suspension, commencing on September 2, 2009, pending the disposition of criminal charges.

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

B-63 JANET JAVE

Janet Jave appeals the determination of the appointing authority which denied a carryover of vacation and administrative leave hours after she was awarded Sick Leave Injury benefits in In the Matter of Janet Jave (CSC, decided January 27, 2010).

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

B-64 MARVIN FELDER

Marvin Felder, represented by Dudley Burdge, Senior Staff Representative, Communications Workers of America, Local 1032, appeals his provisional appointment to Data Processing Systems Programmer 2, Office of Information Technology.

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

B-65 ROBERT TANIS

The City of Clifton requests that the provisions of N.J.A.C. 4A:8-2.2(f) be relaxed in order to grant Robert Tanis a prior held demotional title right to the title of Equipment Operator.

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

B-66 LAWRENCE WEST

The Division of Selection Services requests that the provisions of N.J.A.C. 4A:4-1.1(c) be relaxed in order to permit the provisional appointment, pending promotional examination procedures, of Lawrence West to the title of Data Base Analyst 2.

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

B-67 MICHELE ADAMS, ET AL

Michele Adams, Henry Stasiewski and Paulet Jones-Dyche appeal the determinations of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Training Technician (PC0745L), Union County.

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

B-68 DENIS W. AHR

Denis W. Ahr appeals the determination of the Division of Selection Services which found that he did not meet the requirements for Section Chief, Health Care Facilities (PS8985K), Department of Human Services.

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

B-69 ROCHELLE ANDRESS

Rochelle Andress appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Assistant Superintendent Residential Group Center (PS5252P), Juvenile Justice Commission.

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

B-70 QUETCY BAEZ

Quetcy Baez appeals the determinations of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examinations for Principal Data Control Clerk (PC1443J), and Principal Data Entry Machine Operator (PC1444J), Mercer County.

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

B-71 BARBARA BARR

Barbara Barr appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in education for the promotional examination for Director of Social Work Services (PC1216L), Ocean County.

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

B-72 ERIC BENSON AND JAMES BUNDRO

Eric Benson and James Bundro appeal the determinations of the Division of Selection Services which found that they were below the minimum requirements in experience for the promotional examination for Senior Repairer (PS7054K), Senator Garrett W. Hagedorn Center for Geriatrics.

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

B-73 ERIC BENSON, ET AL.

Eric Benson, Anthony Lunghi, Brett Neimeister, and Saeed Warden appeal the determinations of the Division of Selection Services which found that they did not meet the experience requirement for the open competitive examination for Plumber and Steamfitter (S0119M).

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

B-74 ALICIA BROWN, ET AL.

Alicia Brown and Brenda Miller appeal the determinations of the Division of Selection Services which found that they did not meet the experience requirements, per the substitution clause for education, and Wenona Brown appeals the determination which found that she did not meet the experience requirements, for the promotional examination for Personnel Technician (PM0998L), Newark School District.

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

B-75 VALERIE M. CARR, ET AL.

Valerie M. Carr, Anthony J. Lista, and Lynda L. Shannon-Gallagher appeal the determinations of the Division of Selection Services which found that they did not meet the requirements for the promotional examination for Section Chief, Health Care Facilities (PS8985K), Department of Human Services.

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

B-76 SUZANNE DEANS

Suzanne Deans appeals the determination of the Division of Selection Services that she did not meet the experience requirement for the promotional examination for Personnel Assistant 4 (PS6152I), Department of Corrections.

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

B-77 GUY DOHERTY

Guy Doherty appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the promotional examination for Assistant Director Facilities Management (PS5277T), Motor Vehicle Commission.

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

B-78 MARIA GIBBS

Maria Gibbs appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Program Coordinator Mental Health (PS5093K), Ancora Psychiatric Hospital.

ACTION: The Civil Service Commission directed that this appeal be denied and the classification of the appellant's position be referred to the Division of State and Local Operations for further review.

B-79    PATRICIA GORE, ET AL.

            Patricia Gore and Rosemarie Sharp appeal the determinations of the Division of Selection Services (Selection Services) which found that, per the substitution clause for education, they were below the minimum requirements in experience for the promotional examination for Field Service Supervisor 3 (Quality Assurance) (PS7041K), Department of Human Services. Michael McCardell appeals the determination of Selection Services which found that he was below the minimum requirements in experience for the promotional examination for Field Service Supervisor 3 (Quality Assurance) (PS7041K), Department of Human Services.

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

B-80 MICHAEL HAVERSTICK

The appointing authority, on behalf of Michael Haverstick, appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, Mr. Haverstick did not meet the experience requirements for the promotional examination for Senior Right of Way Negotiator (PC0907L), Monmouth County.

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

B-81 JENNIFER LEVEY

Jennifer Levey appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the open competitive examination for Principal Data Entry Machine Operator (S0125M), Statewide.

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

B-82 JUDY ANN MARCHESANI

Judy Ann Marchesani appeals the decision of the Division of Selection Services which found that she did not meet the educational requirements for the promotional examination for Paralegal Specialist (PC1109L), Gloucester County.

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

B-83 STEPHEN MICHELIN

Stephen Michelin 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 Support Services Representative 1 (S0027M), Statewide.

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

B-84 JOSEPH MONDANARO

Joseph Mondanaro appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, he was below the minimum requirements in experience for the promotional examination for Administrative Analyst (PM1205L), Jersey City School District.

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

B-85 DANIEL PHILPOT

            Daniel Philpot appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the open competitive examination for Principal Payroll Clerk (S0124M), Statewide.

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

B-86 SUSAN ROBOSTELLO

Susan Robostello appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the open competitive examination for Deputy Municipal Administrator (M0441L), Millville.

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

B-87 JEANETTE RODRIGUEZ

Jeanette Rodriguez 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 Supervisor Information Technology Help Desk (PM02008M), Vineland.

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

B-88 PATRICIA ROSSI

Patricia Rossi appeals the determination of the Division of Selection Services that she did not meet the experience requirement for the promotional examination for Supervising Family Service Specialist 1 (PS3394K), Department of Children and Families.

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

B-89 TYWANA SMITH

Tywana Smith appeals the determination of the Division of Selection Services which found that she did not meet the minimum experience requirements for the open competitive examination for Deputy Director of Human Services (M0206M), Trenton.

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

B-90 ANTHONY TUCKER

The appointing authority, on behalf of Anthony Tucker, appeals the determination of the Division of Selection Services which found that Mr. Tucker did not meet the education and experience requirements for the promotional examination for Therapy Program Assistant (PS4506K), Anne Klein Forensic Hospital.

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

B-91 NANCY VACCARO

Nancy Vaccaro appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the open competitive examination for Investigator, County Medical Examiners Office (C1272L), Ocean County.

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

B-92 ANNE WODNICK

Anne Wodnick appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Library Director (PC0237M), Gloucester County.

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

B-93 MARY ANN WRIGHT

Mary Ann Wright appeals the determination of the Division of Selection Services which found that she did not meet the minimum experience requirements for the promotional examination for Data Processing Analyst 1 (PS6869I), Department of Corrections.

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

B-94 GLORIA YUFFRIDA

Gloria Yuffrida appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Associate Editor OAL Publications (PS5303Y), Office of Administrative Law.

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

B-95 WALTER ANTONIEWICZ

Walter Antoniewicz appeals his oral scores for the promotional examination for Police Captain (PM3582L), Linden.

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

B-96 MICHAEL COMMINS

Michael Commins appeals his score for the oral portion of the promotional examination for Fire Lieutenant (PM2531L), South Orange.

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

B-97 KEVIN FRANZ

Kevin Franz appeals his score for the oral portion of the promotional examination for Fire Lieutenant (PM2510L), Irvington.

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

B-98 JAMES GALBO

James Galbo appeals his oral scores for the promotional examination for Police Captain (PM3591L), Saddle Brook.

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

B-99 STEVEN SARINELLI

Steven Sarinelli appeals his oral scores for the promotional examination for Police Captain (PM3586L), Morristown.

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

B-100 LAWRENCE SWEENEY

Lawrence Sweeney appeals his oral scores for the promotional examination for Police Captain (PM3576L), Hamilton.

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

B-101 VINCENT THURMOND

Vincent Thurmond appeals his oral scores for promotional examination for Police Captain (PM3576L), Hamilton.

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

B-102 STEPHEN ALAIMO, ET AL.

Stephen Alaimo, Tina Brannon, Jimmy Bryant, Richard Calisti, Salvatore D'Amico, Mark Dempsky, DeWitt Gamble, Anthony Kapurelos, Patrick McWilliams, Michael Pascal, David Pipeling, Otis Truitt, Mark Tully, Russell Weber and Michael White, appeal the promotional examination for Correction Captain (PS5568I), Department of Corrections.

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

B-103 BARBARA FERRICK

Barbara Ferrick appeals the decision of the Division of Selection Services which did not find good cause to accept her late application for the examination for Program Coordinator, Mental Health (PS2315K), Trenton Psychiatric Hospital.

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

B-104 KRISTIN HANSEN AND JAMES LEISHMAN

Kristin Hansen (PC2770L), Middlesex County; and James Leishman (PC2771L), Passaic County; appeal the promotional examination for County Correction Lieutenant (various jurisdictions).

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

B-105 TYRONE BROWN

Tyrone Brown appeals the test administration of the oral portion of the promotional examination for Fire Lieutenant (PM2510L), Irvington.

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

B-106 CAITLIN HACKER

Caitlin Hacker appeals the testing conditions for the open competitive examination for Police Records Clerk (M1183L), Montville.

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

B-107 BRUCE HILLMAN

Bruce Hillman appeals the administration of the promotional examination for Correction Lieutenant (PS1419I), Department of Corrections.

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

B-108 LAURY HAMILTON

Laury Hamilton appeals the determination of the Division of Selection Services, which found that she did not meet the time-in-grade requirements for the promotional examination for Sheriff's Officer Lieutenant (PC2809L), Middlesex County.

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

B-109 JAMES JENKINS

The Division of State and Local Operations, on behalf of the Department of State, requests that James Jenkins' out-of-title work experience be accepted to qualify him for a prospective promotional examination for Principal Data Entry Machine Operator.

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

B-110 JOSHUA BLONCOURT

Joshua Bloncourt appeals the determination of the Division of Selection Services denying his request for a make-up examination for County Correction Sergeant (PC2777L), Bergen County.

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

B-111 THOMAS CARACCIO

Thomas Caraccio appeals the determination of the Division of Selection Services denying his request for a make-up examination for County Correction Lieutenant (PC2768L), Hudson County.

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

B-112 MICHAEL LOWE

Michael Lowe appeals the validity of the oral portion of a make-up for the promotional examination for Fire Captain (PM3513H), Ocean City.

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

B-113 PETER WAYNE

Peter Wayne appeals the determination of the Division of Selection Services which found that he was ineligible for the promotional examination for General Supervisor, Roads (PM1101L), Borough of Park Ridge.

ACTION: The Civil Service Commission directed that this appeal be denied.
B-114 SYLVIA DAVIS

The Department of Law and Public Safety, on behalf of Sylvia Davis, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit Ms. Davis to participate in the donated leave program.

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

B-115 RECENT COURT DECISIONS

The following summaries of recent court decisions involving Merit System Board and Civil Service Commission determinations are submitted for the Commission's review, In the Matter of Joseph Gaines (Appellate Division, decided 7/2/10); In the Matter of Lateif Dickerson (Appellate Division, decided 7/20/10); In the Matter of Bruce Cornish (Appellate Division, decided 7/22/10); In the Matter of Afolabi Babalola (Appellate Division, decided 7/23/10); In the Matter of Wilfredo Medina (Appellate Division, decided 7/23/10); In the Matter of Michael Loveland (Appellate Divisions, decided 7/27/10); In the Matter of Miriam Gonzalez (Appellate Division, decided 7/28/10); In the Matter of Terrence Johnson (Appellate Division, decided 7/28/10).

ACTION: The Civil Service Commission noted the decisions.

B-116 CHANGE IN 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. It is noted that this matter was held over from the August 4, 2010 and August 18, 2010 Civil Service Commission meetings in order to permit the resolution of outstanding issues presented by the unions to the Office of Employee Relations concerning the appropriate bargaining unit for the affected titles.

ACTION: The Civil Service Commission approved the request.

B-117 CIVIL SERVICE COMMISSION MEETING MINUTES

The Minutes of the Civil Service Commission meeting of August 18, 2010 are submitted for adoption.

ACTION: The Civil Service Commission adopted the minutes of its meeting of August 18, 2010.

VOTE:           Robert M. Czech                   (Yes)
                        Flavella Branham       (Yes)
                        John Currie                (Abstained)
                        Vincent E. Giordano (Yes)

B-118 PATRICIA DRUMMOND-STRATTON

Patricia Drummond-Stratton, a Youth Work Supervisor 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-119 MAINTENANCE SUPERVISOR (PM0787K), JERSEY CITY SCHOOL DISTRICT

The Division of State and Local Operations requests that the Jersey City School District be ordered to return the October 20, 2008 certification (PL081605) of the eligible list for Maintenance Supervisor (PM0787K) for proper disposition.

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

B-120 MATTHEW FANNING

The Division of State and Local Operations, on behalf of the Department of the Treasury, requests that Matthew Fanning's out-of-title work experience be accepted to qualify him for a prospective promotional examination for Technician, Management Information Services.

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

B-121 JERSEY CITY REDEVELOPMENT AGENCY

The Jersey City Redevelopment Agency (JCRA), represented by Matthew J. Giacobbe, Esq., requests reconsideration of the May 27, 2009 Civil Service Commisison decision, which denied its request to grant eight current employees of the JCRA permanent status in their respective titles.

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

B-122 JANET HANNA

Janet Hanna appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she did not meet the experience requirements for the open-competitive examination for Fiscal Officer (M1010L), Jersey City Redevelopment Agency.

ACTION: The Civil Service Commission directed that this appeal be denied and the matter of the classification of the appellant's position be referred to the Division of State and Local Operations for further review.

B-123 DARLENE STOWERS

Darlene Stowers 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 Program Support Specialist 2 (Assistance Programs) (PS7132D), Department of Community Affairs.

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

B-124 PROPOSED AMENDMENT: N.J.A.C. 4A:8-1.5, LAYOFF UNITS AND JOB LOCATIONS

Submitted for the Commission's review is a Notice of Adoption of an amendment to N.J.A.C. 4A:8-1.5, Layoff units and job locations. The amendment would define layoff units and job locations in the Judiciary. No comments were received during the public comment period. It is recommended that this proposal be adopted without change.

ACTION: The Civil Service Commission adopted the amendment.

B-125 PROPOSED AMENDMENT: N.J.A.C. 4A:4-7.1, TRANSFERS WITHIN THE SAME GOVERNMENTAL JURISDICTION

Submitted for the Commission's review is a Notice of Adoption of an amendment to N.J.A.C. 4A:4-7.1, Transfers within the same governmental jurisdiction. The amendment would remove the requirement that an employee consent prior to a permanent transfer between local organizational units. One comment in support of the proposal was received. It is recommended that this proposal be adopted without change.

ACTION: The Civil Service Commission adopted the amendment.

B-126 PROPOSED AMENDMENT: N.J.A.C. 4A:6-1.2, VACATION LEAVE

Submitted for the Commission's review is a Notice of Adoption of an Amendment to N.J.A.C. 4A:6-1.2, Vacation leave. The amendment would codify the Paid Leave Bank provisions of the recent Memoranda of Agreement between the State and several collective negotiations units. Seven comments were received during the public hearing, and ten written comments were received. It is recommended that this proposal be adopted without change.

ACTION: The Civil Service Commission adopted the amendment.

B-127 PROPOSED NEW RULE: N.J.A.C. 4A:2-6.3, GENERAL RESIGNATIONS; PROPOSED AMENDMENTS: N.J.A.C. 4A:4-3.1, TYPES OF ELIGIBLE LISTS AND N.J.A.C. 4A:4-7.10, REGULAR REEMPLOYMENT

Submitted for the Commission's review is a Notice of Adoption of a new rule, N.J.A.C. 4A:2-6.3 (General resignations); and amendments to N.J.A.C. 4A:4-3.1 (Types of eligible lists) and 4A:4-7.10 (Regular reemployment). The new rule would approve "general resignations" as a new category of resignations in the disciplinary process. The amendments to N.J.A.C. 4A:4-3.1 and N.J.A.C. 4A:4-7.10 would reflect the importance of the new resignation category with respect to regular reemployment lists and the regular reemployment process. One comment in support of the proposal was received. It is recommended that this proposal be adopted without change.

ACTION: The Civil Service Commission adopted the new rule and amendments.

There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, October 6, 2010 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

                                                                        ___________________________________
                                                                        Robert M. Czech
                                                                        Chairperson
                                                                        Civil Service Commission