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Robert M. Czech, Chairperson
Robert E. Brenner
Thomas J. Perna
Richard E. Williams
September 21, 2011
A regular meeting of the Civil Service Commission was held on Wednesday, September 21, 2011, in Trenton, New Jersey.
PRESENT: Robert M. Czech, Chairperson, Members Robert E. Brenner, Thomas J. Perna and Richard E. Williams; 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 December 20, 2010, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Francis Albano
New Jersey State Prison
Department of Corrections
Suspension
In the Matter of Langston Burrell
Anne Klein Forensic Center
Department of Human Services
Removal
In the Matter of Margarietta Campbell
North Jersey Developmental Center
Department of Human Services
Suspension
In the Matter of Genelle Eckeard
Woodbine Developmental Center
Department of Human Services
Removal
In the Matter of Jonathan Hodges
Anne Klein Forensic Center
Department of Human Services
Removal
In the Matter of Elizabeth A. Holloway
Ocean County Board of Social Services
Release at the end of the working test period
In the Matter of Andrea B. Jones
Vineland Developmental Center
Department of Human Services
Removal
In the Matter of John Jones
City of Long Branch
Department of Public Works and Parks
Removal
In the Matter of Montoya Key
New Jersey Veterans Memorial Home, Vineland
Department of Military and Veterans' Affairs
Removal
In the Matter of Stacy Koita
Woodbine Developmental Center
Department of Human Services
Resignation not in good standing
In the Matter of Adrienne Lewis
Ancora Psychiatric Hospital
Department of Human Services
Removal
In the Matter of Gary Pressley
Ancora Psychiatric Hospital
Department of Human Services
Removal
In the Matter of Ryan Romain
Kean University
Removal
In the Matter of Monica Smith
Passaic County
Preakness Hospital
Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 DUMIS BARREAU
Dumis Barreau, Senior Probation Officer, Judiciary, Superior Court, Essex County Vicinage, 60-day suspension on charges of conduct unbecoming a public employee, other sufficient cause and violation of code of conduct.
Recommendation of the Administrative Law Judge - Uphold the 60-day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-3 ANTHONY FERRAIOLI
Anthony Ferraioli, Police Officer, City of Hackensack, Police Department, six-month suspension on charges of incompetency, inefficiency or failure to perform duties, insubordination, conduct unbecoming a public employee, other sufficient cause, and violation of Department rules and regulations.
Recommendation of the Administrative Law Judge - Modify the six-month suspension to a 30-day suspension.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to a three-month suspension.
A-4 TRINA CHANCEY
Trina Chancey, Police Officer, Township of Irvington, Police Department, removal effective January 31, 2011, on the charge of inability to perform duties and a removal effective January 31, 2011, on the charge of failure to obey laws and regulations.
Recommendation of the Administrative Law Judge - Uphold the removal for the charge of inability to perform duties and modify the removal to a 15-day suspension for the charge of failure to obey laws and regulations.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
A-5 LARRY JOHNSON
Larry Johnson, Senior Correction Officer, Northern State Prison, Department of Corrections, removal effective January 13, 2011, on charges of conduct unbecoming a public employee, other sufficient cause, falsification and violation of a rule, regulation, policy, procedure, order, or administrative decision.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to a 90 working day suspension.
Agenda Item A-5 was held to be considered at the conclusion of the regular agenda. At that time, a motion was made and seconded that the open session be recessed and that, pursuant to Section 12(b) of the Open Public Meetings Act, the Civil Service Commission entered into Executive Session for the purpose of reviewing the videotape of the incident which showed inmates at a State facility since the matter would constitute unwarranted invasions of individual privacy. The Commission subsequently reconvened the public meeting.
A-6 OLLIE KENDRICK
Ollie Kendrick, Practical Nurse, North Jersey Developmental Center, Department of Human Services, removal effective May 17, 2010, on charges of violation of a rule, policy, procedures, neglect of duty, serious mistake due to carelessness which could result in danger and/or injury to persons, conduct unbecoming a public employee 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-7 TORETTA BRADFORD-WYATT
Toretta Bradford-Wyatt, Senior Correction Officer, Edna Mahan Correctional Facility, Department of Corrections, removal effective October 20, 2010, on charges of conduct unbecoming a public employee, other sufficient cause and falsification.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-8 BERGEN COUNTY LAYOFFS 2010 (SETTLEMENT)
Margaret Martini, Administrative Clerk Typing, Department of Public Safety, Bergen County, appeals the good faith of her layoff effective May 30, 2010, for reasons of economy and efficiency. Settled to withdrawal of appeal with prejudice, retirement and appellant pays the County for her health care contribution payments.
Recommendation of the Administrative Law Judge - Acknowledge the settlement.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge. The Civil Service Commission also acknowledged the withdrawals of the appeals of Robert Meluson and Thomas Wisse and dismissed the appeal of Lisa Lupardi based on her failure to appear at the hearing.
A-9 JOHN CERRATO
John Cerrato, Human Services Specialist 2, Passaic County Board of Social Services, removal effective January 25, 2010, on charges of conduct unbecoming a public employee, dishonesty and other sufficient cause. This matter was held over from the July 27, 2011 Civil Service Commission meeting for review of testimony presented at the hearing.
Recommendation of the Administrative Law Judge - Modify the removal to a 90-day suspension.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to a six-month suspension.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (No)
Thomas J. Perna (yes)
Richard E. Williams (Yes)
A-10 JIMMY GONZALEZ
Jimmy Gonzalez, Senior Correction Officer, East Jersey State Prison, Department of Corrections, removal effective August 19, 2010, on charges of conduct unbecoming a public employee, discrimination that affects equal employment opportunity, including sexual harassment, other sufficient cause and violation of the Department policy prohibiting discrimination, harassment, or hostile environment in the workplace. This matter was held over from the July 13, 2011 Civil Service Commission meeting for review of testimony presented at the hearing.
Recommendation of the Administrative Law Judge - Modify the removal to a 90-day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
SECTION B - MISCELLANEOUS MATTERS
B-1 The Division of State and Local Operations requests the inactivation of the unclassified title of Capital Complex Coordinator 2, State Capital Management Commission.
ACTION: The Civil Service Commission directed that this request be granted.
B-2 The Division of State and Local Operations requests the consolidation of 5 local government titles within Occupational Group 65 (Occupations in Printing).
ACTION: The Civil Service Commission directed that this request be granted.
B-3 The Division of State and Local Operations requests the inactivation of 26 unclassified titles assigned for use in the former New Jersey Public Broadcasting Authority that are unencumbered.
ACTION: The Civil Service Commission directed that this request be granted.
B-4 RICHARD KOKAWSKI
Richard Kokawski, a Senior Correction Officer with Mountainview Youth Correctional Facility, Department of Corrections, represented by Samuel J. Thomas, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-5 EDWARD MARSHALL
Edward Marshall, an Equipment Operator 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-6 RONALD MOORE
Ronald Moore, a Senior Correction Officer with Southern 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-7 TAWANNA ROGERS
Tawanna Rogers, a Senior Correction Officer with Garden State Reception & 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-8 MICHELE M. COLES
Michele M. Coles, a former Clerk Typist with the Borough of Fair Lawn, represented by Edward J. Nolan, Esq., appeals the determination of her layoff rights by the Division of State and Local Operations.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-9 ATEH ANYERE
Ateh Anyere, a former Cottage Training Technician with Hunterdon Developmental Center, Department of Human Services, requests that the Civil Service Commission reinstate her appeal of her removal effective August 14, 2010, which was dismissed based on her failure to appear at her scheduled hearing.
ACTION: The Civil Service Commission directed that this request be denied.
B-10 MICHAEL MCKENZIE
Michael McKenzie, represented by Craig Gumpel, Esq., appeals his disqualification from the examination for Fire Captain (PM5066M), New Brunswick for possession of a cell phone.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-11 ROBERT TRENT
Robert Trent, a Senior Investigator, Parole and Secured Facilities, represented by Catherine Elston, Esq., appeals the decision of the Department of Corrections to reassign him from Mountainview Youth Correctional Facility to the Central Reception and Assignment Facility.
ACTION: The Civil Service Commission directed that this matter be remanded to the appointing authority to either initiate disciplinary procedures or return the appellant to his prior location within 20 days of issuance of this decision.
B-12 BARBARA GALVIN
Barbara Galvin petitions the Civil Service Commission for reconsideration of the decision rendered on June 15, 2011, which denied her appeal regarding her ineligibility for the open competitive examination for Habilitation Plan Coordinator (S0774M), Statewide.
ACTION: The Civil Service Commission directed that this petition be denied.
B-13 NANCY P. FRATZ
Nancy P. Fratz, an Assistant Deputy Public Defender 3 with the Office of the Public Defender, appeals the determination of the Public Defender, 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-14 EDWARD HAAS
Edward Haas, a Deputy Attorney General 4 with the Division of Law, Department of Law and Public Safety, represented by Andrew L. Watson, Esq., appeals the determination of the Chief of Staff, Office of the Attorney General, stating that the appellant failed to present sufficient evidence to support a finding that he had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this matter be remanded to the appointing authority for further investigation.
B-15 DEPUTY MUNICIPAL COURT ADMINISTRATOR (M0096K) AND (M0349M), ANDOVER TOWNSHIP
Andover Township requests permission not to make an appointment from the November 12, 2010 certification for Deputy Municipal Court Administrator (M0096K) and (M0349M).
ACTION: The Civil Service Commission granted an appointment waiver and assessed no selection costs.
B-16 RECORDS MANAGER (M0007M), PATERSON
Paterson requests permission not to make an appointment from the August 11, 2010 certification for Records Manager (M0007M).
ACTION: The Civil Service Commission granted an appointment waiver and assessed no selection costs at this time.
B-17 DARIO DA COSTA
The Director, Division of Selection Services, on behalf of the Department of the Treasury, requests that the provisions of N.J.A.C. 4A:4-1.1(c) be relaxed in order to allow Dario Da Costa to be provisionally appointed, pending promotional examination procedures, to the competitive title of Building Management Services Specialist 4.
ACTION: The Civil Service Commission directed that this request be granted.
B-18 JOANNE DAVIS
Joanne Davis appeals the decision of the Division of State and Local Operations which found that the implementation of her position classification with the Department of Environmental Protection was March 26, 2011. The appellant seeks a May 8, 2007 effective date.
ACTION: The Civil Service Commission directed that this appeal be granted in part.
B-19 SAKYIBERA FITZGERALD
Sakyibera Fitzgerald appeals the March 12, 2011 effective date of her reclassification to the title Associate Supervisor 2, Facilities. The appellant seeks a May 10, 2008 effective date.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-20 COLLEEN KELLER
Colleen Keller appeals the January 1, 2011 effective date of the reclassification of her position with the Department of Environmental Protection. The appellant seeks a May 8, 2007 effective date.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-21 ANN LAURIE FRATTICCIOLI
Ann Laurie Fratticcioli, represented by Paul A. Pologruto, Communications Workers of America, Local 1032, appeals the decision of the Division of State and Local Operations that the proper classification of her position with the Department of Transportation was Personnel Assistant 2. The appellant seeks an Administrative Analyst 2 classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-22 RHONDA GIPSON-ROSE
Rhonda Gipson-Rose appeals the decision of the Division of State and Local Operations which found that her position with the Department of Health and Senior Services is properly classified as Senior Buyer. The appellant seeks an Administrative Analyst 2, Procurement classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-23 DEBORAH LEWIS
Deborah Lewis appeals the decision of the Division of State and Local Operations which found that her position with the Department of Human Services is properly classified as Technical Assistant 3. The appellant seeks a Management Assistant classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-24 NORMAN TAHAN
Norman Tahan appeals the decision of the Division of Selection Services to assign the title scope for the promotional examination for Fire Chief (PM0690M), Clifton as open to the next two lower in-series titles.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-25 JOSEPH M. COLOMBO
The appeal of Joseph M. Colombo, a Supervising Laborer with the City of Bayonne, of his removal, effective August 20, 2010, on charges, was heard by Administrative Law Judge Kelly J. Kirk (ALJ), who rendered her initial decision on July 29, 2011. At its meeting on September 7, 2011, the Civil Service Commission (Commission) adopted the ALJ's recommendation to modify the appellant's removal to a six-month suspension and impose conditions for reinstatement. However, the Commission found it necessary to address the exceptions filed by the appointing authority and impose a removal date of February 20, 2011 should the appellant not meet the conditions for reinstatement. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Abstained)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-26 BRUCE JONES
The appeal of Bruce Jones, a Senior Correction Officer with Northern State Prison, Department of Corrections, of his removal, on charges, was heard by Administrative Law Judge JoAnn Lasala Candido (ALJ), who rendered her initial decision on July 15, 2011. At its meeting on September 7, 2011, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation to modify the removal to a six-month suspension. Rather, the Commission upheld the removal. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (Abstained)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-27 JASON GASKILL
Jason Gaskill appeals the determination of the Division of Selection Services that he did not meet the experience requirement for the promotional examination for Customer Service Representative 2 (PS1489G), Department of Environmental Protection.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-28 ARAION MALONE
Araion Malone 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 Representative Citizens' Complaints (M0605M), Newark.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-29 NICHOLAS J. SABATO
Nicholas J. Sabato appeals the determination of the Division of Selection Services which found that he did not meet the requirements for the promotional examination for Technical Assistant, Management Information Systems (PS2105F), Department of Education.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-30 TIMOTHY CARROLL, ET AL.
Timothy Carroll, Dennis Gibson III and Joseph Smigelsky appeal their scores for the physical performance portion of the examination for Fire Fighter (M9999M).
ACTION: The Civil Service Commission directed that these appeals be denied.
B-31 RONNIE COLON, ET AL.
Ronnie Colon, Gregory Louis and Josner Rivadeniera appeal their scores for the physical performance portion of the examination for Fire Fighter (M9999M).
ACTION: The Civil Service Commission directed that these appeals be denied.
B-32 PROPOSED AMENDMENT: N.J.A.C. 4A:3-3.7, TRAINEE, APPRENTICE, RECRUIT AND INTERN TITLES; AND N.J.A.C. 4A:3-4.5, ANNIVERSARY DATES: STATE SERVICE
Submitted for the Commission's approval is a Notice of Proposal to amend N.J.A.C. 4A:3-3.7, Trainee, Apprentice, Recruit and Intern Titles; and N.J.A.C. 4A:3-4.5, Anniversary Dates: State Service. The amendment to N.J.A.C. 4A:3-3.7, which currently only references trainees, is intended to codify the existing program regarding trainees, apprentices, recruits and interns in both State and local service. The amendment to N.J.A.C. 4A:3-4.5 would address adjustments of anniversary dates in State service for employees advancing to a primary title from a trainee, apprentice, recruit or intern title. It is recommended that this proposal be approved for publication in the New Jersey Register for public notice and comment.
ACTION: The Civil Service Commission approved the proposal for publication.
B-33 CIVIL SERVICE COMMISSION MINUTES
Submitted for adoption are the Civil Service Commission minutes of its meeting of September 7, 2011.
ACTION: The Civil Service Commission adopted the minutes of its meeting of September 7, 2011.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (Abstained)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-34 EARLY SETTLEMENT
In the Matter of John M. Sedor
Monmouth County
Department of Health Care Facilities
Suspension
ACTION: The Civil Service Commission acknowledged the settlement.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B- 35 MICHAEL FERRARELLA AND DONALD HARVEY
The appeals of Michael Ferrarella and Donald Harvey, Police Officers, Borough of Oakland, Police Department, of their removals effective February 9, 2011, on charges, were heard by Administrative Law Judge Carol I. Cohen (ALJ), who rendered her initial decision on July 13, 2011. At its meeting on September 7, 2011, the Civil Service Commission did not adopt the ALJ's recommendation to modify the removal of Mr. Ferrarella to a 180-day suspension and modify the removal of Mr. Harvey to a 120-day suspension. Rather, the Commission upheld the removal of Mr. Ferrarella and imposed a six-month suspension for Mr. Harvey. The proposed final decision for Mr. Ferrarella and the proposed decision for Mr. Harvey is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision for Michael Ferrarella and adopted the decision for Donald Harvey.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (Abstained)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B- 36 DAVID WILLIAMS
The appeal of David Williams, a Human Services Assistant with Trenton Psychiatric Hospital, Department of Human Services, of his removal effective March 31, 2009, on charges, was heard by Administrative Law Judge Susan M. Scarola (ALJ), who rendered her initial decision on August 5, 2011. At its meeting on September 7, 2011, the Civil Service Commission adopted the ALJ's recommendation to modify the removal to a 180 calendar day suspension. However, the Commission found it necessary to address the exceptions and cross exceptions filed by the parties. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (Abstained)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-37 DOMINIC MANCINI, ET AL.
Dominic Mancini (PC5145M), Essex County; and Gordon Holder and Scott Robinson (PC5147M), Monmouth County; appeal the promotional examination for Sheriff's Officer Sergeant (various jurisdictions).
ACTION: The Civil Service Commission directed that the appeals be granted in part.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, October 5, 2011, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.