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Deirdré L. Webster Cobb, Chairperson
Dolores Gorczyca
Daniel W. O’Mullan
Diomedes Tsitouras
September 16, 2020
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A regular meeting of the Civil Service Commission was held on Wednesday, September 16, 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 September 2, 2020.
ACTION: The Civil Service Commission adopted the minutes of its meeting of September 2, 2020.
WITHDRAWAL OF APPEALS
The following appeal was withdrawn and removed from the hearing calendar:
Melvin Finley, Security Guard, Newark School District, 24 working day suspension.
ACTION: The Civil Service Commission noted the withdrawal of appeals without prejudice.
SECTION A – HEARING MATTERS
A-1 SETTLEMENTS
Daniel Borer
Little Egg Harbor Township
Department of Public Works
Removal
Anthony DiFrancesco
Union County
Department of Engineering, Public Works and Facilities Management
Release at the end of the working test period
VOTE: Deirdrè L. Webster Cobb (Yes)
Dolores Gorczyca (Recuse)
Daniel W. O’Mullan (Yes)
Diomedes Tsitouras (Yes)
Jeffrey Queen
City of Trenton
Department of Public Works
Suspension
Tessa Rice
Ancora Psychiatric Hospital
Department of Health
Removal
Tessa Rice
Ancora Psychiatric Hospital
Department of Health
Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES – SETTLEMENT
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 JASON MARTIN – CSC DOCKET NO. 2020-1050
Jason Martin, Police Officer, City of East Orange, Police Department, removal effective September 10, 2019, on charges of inability to perform duties and other sufficient cause.
Recommendation of the Administrative Law Judge – Suspend the removal for one year.
ACTION: The Civil Service Commission rejected the recommendation of the Administrative Law Judge and reversed the removal.
A-3 MICKEY YOUNG – CSC DOCKET NO. 2020-1186
Mickey Young, Painter, Woodbine Developmental Center, Department of Human Services, 15 working day suspension, on charges of failure to conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge – Grant the appointing authority’s motion for summary decision for lack of jurisdiction.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
VOTE: Deirdrè L. Webster Cobb (Yes)
Dolores Gorczyca (Recuse)
Daniel W. O’Mullan (Yes)
Diomedes Tsitouras (Yes)
SECTION B – MISCELLANEOUS MATTERS
B-1 E.S.A. – CSC DOCKET NO. 2020-1082
E.S.A., represented by Michael L. Prigoff, Esq., appeals his rejection as a Fire Fighter candidate by Jersey City and its request to remove his name from the eligible list for Fire Fighter (M1844W) 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 K.N. – CSC DOCKET NO. 2020-1021
K.N., represented by Michael L. Prigoff, Esq., appeals his rejection as a Fire Fighter candidate by Jersey City and its request to remove his name from the eligible list for Fire Fighter (M1844W) 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 B.R. – CSC DOCKET NO. 2020-1179
B.R., represented by Giovanna Giampa, Esq., appeals her rejection as a Police Officer candidate by the City of Bayonne and its request to remove her name from the eligible list for Police Officer (S9999U) 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 M.F.S. – CSC DOCKET NO. 2019-1754
M.F.S., represented by Robert K. Chewning, Esq., appeals his rejection as a Police Officer candidate by the City of Clifton and its request to remove his name from the eligible list for Police Officer (S9999U) 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-5 MATTHEW FRANKLIN – CSC DOCKET NO. 2020-2668
Matthew Franklin appeals the decision to remove his name from the Fire Fighter (M1816W), East Orange eligible list on the basis of an unsatisfactory background report.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-6 ERIC LOGAN, JR. – CSC DOCKET NO. 2020-2470
Eric Logan, Jr., appeals the decision to remove his name from the Correctional Police Officer (S9988A), Department of Corrections, eligible list on the basis of falsification of his application.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-7 TARYN PITTFIELD – CSC DOCKET NO. 2021-168
Taryn Pittfield appeals the determination of the Division of Agency Services that she did not meet the requirements for the promotional examination for Environmental Specialist 2 (PS2225G), Department of Environmental Protection.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-8 DONTE WILLIAMS – CSC DOCKET NO. 2020-2679
Donte Williams appeals the decision to remove his name from the Fire Fighter (M1816W), East Orange eligible list on the basis of an unsatisfactory background report.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-9 DAWN MCRAE – CSC DOCKET NO. 2021-199
Dawn McRae appeals the determination of the Division of Agency Services that the proper classification of her position with the Juvenile Justice Commission is Senior Community Program Specialist, Juvenile Justice Commission. The appellant seeks an Administrative Analyst 3 job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-10 JASON RESSLER – CSC DOCKET NO. 2020-2003
Jason Ressler appeals the decision of the Division of Agency Services which found that his position with Vernon Township is properly classified as Motor Broom Drive/Public Works Repairer. The appellant seeks a Motor Broom Driver job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-11 FIRE PROTECTION SUBCODE OFFICIAL (M0160V), TOWNSHIP OF PARSIPPANY-TROY HILLS – CSC DOCKET NO. 2021-23
In In the Matter of Fire Protection Subcode Official (M0160V), Township of Parsippany-Troy Hills (CSC, decided April 4, 2018), the Civil Service Commission (Commission) granted the request of the Township of Parsippany-Troy Hills for an appointment waiver for the June 26, 2017 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 of costs is now before the Commission
ACTION: The Civil Service Commission ordered that the Township of Parsippany-Troy Hills be assessed the costs of the selection process in the amount of $2,048.
B-12 POLICE AIDE (C0015V), CAMDEN COUNTY – CSC DOCKET NO. 2021-52
In In the Matter of Police Aide (C0015V), Camden County (CSC, decided May 2, 2018), the Civil Service Commission (Commission) granted the request of Camden County for an appointment waiver for the October 12, 2017 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 appointment authority did not utilize the subject eligible list and the matter of the assessment of costs is now before the Commission.
ACTION: The Civil Service Commission ordered that Camden County be assessed the costs of the selection process in the amount of $2,048.
B-13 SECRETARIAL ASSISTANT (M0326A), CITY OF VINELAND – CSC DOCKET NO. 2020-2431
The City of Vineland requests permission not to make an appointment from the February 3, 2020 certification for Secretarial Assistant (M0326A), City of Vineland.
ACTION: The Civil Service Commission granted the appointment waiver and assessed selection costs in the amount of $2,048.
B-14 ELIZABETH ROJAS – CSC DOCKET NO. 2020-2547
Elizabeth Rojas appeals the bypass of her name on the Family Service Specialist 2 (PS5396K), Department of Children and Families, eligible list.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-15 LINDA BELARDO – CSC DOCKET NO. 2021-117
Linda Belardo 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 Chief of Administrative Services (PM1575A), Hamilton.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-16 HECTOR NIEVES – CSC DOCKET NO. 2021-07
Hector Nieves, a Police Officer with Lawrence Township, represented by Charles J. Sciarra, Esq., petitions the Civil Service Commission for interim relief of his immediate and indefinite suspension commencing on May 20, 2020, pending disposition of criminal charges.
ACTION: The Civil Service Commission directed that this petition be denied.
B-17 ACCOUNTANT (M0076S), NEWARK - CSC DOCKET NO. 2021-54
The Division of Agency Services seeks enforcement of the Civil Service Commission decision rendered on September 2, 2015, which ordered Newark to dispose of the June 9, 2014 certification of the Accountant (M0076S) eligible list and separate any employee serving provisionally pending open competitive examination procedures who did not receive an appointment from the certification.
ACTION: The Civil Service Commission ordered that the disposition of the certification be recorded and the appointing authority pay compliance costs in the amount of $1,000.
VOTE: Deirdrè L. Webster Cobb (Yes)
Dolores Gorczyca (Recuse)
Daniel W. O’Mullan (Yes)
Diomedes Tsitouras (Yes)
B-18 WILLIAM MARROQUIN - CSC DOCKET NO. 2020-2198
William Marroquin, a former Police Officer with Paterson, appeals his resignation in good standing, effective February 19, 2019.
ACTION: The Civil Service Commission directed that this appeal be granted in part.
B-19 DIANA MENZEL - CSC DOCKET NO. 2020-1688
Diana Menzel appeals the determination of the Division of Agency Services that her position with the City of Linden is properly classified as a Clerk 2. The appellant seeks a Purchasing Assistant classification in the proceeding.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-20 MAGGIE MITCHELL - CSC DOCKET NO. 2021-198
Maggie Mitchell appeals the decision of the Division of Agency Services which found that her position with the Department of Environmental Protection is properly classified as Superintendent Parks and Forestry 2. She seeks a Superintendent Parks and Forestry 4 job classification in this proceeding.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-21 SUSAN CATLETT-OXENDINE - CSC DOCKET NO. 2021-15
Susan Catlett-Oxendine requests reconsideration of the decision rendered on May 20, 2020 which upheld the determination of the Division of Agency Services that her position is properly classified as Technical Assistant 3.
ACTION: The Civil Service Commission directed that this request be denied.
B-22 ROOBENTROFF DRAGON - CSC DOCKET NO. 2020-2186
Roobentroff Dragon appeals the City of Jersey City’s request to remove his name from the eligible list for Police Officer (S9999U), on the basis that he failed to respond to the certification notice.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-23 RICHARD MORALES - CSC DOCKET NO. 2020-2659
Richard Morales, a Supervising Plumber with the Newark School District, represented by Anthony Pope, Esq., requests that the Civil Service Commission enforce its order of back pay as determined in In the Matter of Richard Morales (CSC, decided January 15, 2020).
ACTION: The Civil Service Commission directed that this request be granted an Morales receive gross back pay in the amount of $35,042.95.
B-24 R.A.F. - CSC DOCKET NO. 2020-1547
R.A.F. 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 this appeal be denied.
PUBLIC PORTION
No comments.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, September 30, 2020, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
