Civil Service Commission | Meeting Minutes of September 21, 2022

MINUTES OF REGULAR MEETING OF

THE CIVIL SERVICE COMMISSION

SEPTEMBER 21, 2022

Dolores Gorczyca, Presiding Member

Daniel W. O’Mullan

Diomedes Tsitouras

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

A regular meeting of the Civil Service Commission was held on Wednesday, September 21, 2022, at 10:00 a.m., in Trenton, New Jersey.

PRESENT: Dolores Gorczyca, Presiding Member; Members Daniel O’Mullan and Diomedes Tsitouras; Pamela Ullman, Deputy Attorney General; Nicholas F. Angiulo, 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 22, 2021, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

CIVIL SERVICE COMMISSION MINUTES

Submitted for adoption are the Civil Service Commission minutes of its meeting of August 24, 2022.

ACTION: The Civil Service Commission adopted the minutes of its meeting of August 24, 2022.

WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the hearing calendar:

Giovanni Arellano, Beach Haven, Department of Public Works, removal.

Sharome Dixon, Trenton, Department of Water and Sewer, removal.

Yousef Elbanna, Union Township, Department of Public Works, release at the end of the working test period.

Beverly Figueroa, Union County, Sheriff’s Office, removal.

Hector Nieves, Lawrence, Police Department, removal.

ACTION: The Civil Service Commission noted the withdrawal of appeals without prejudice.

DISMISSAL FOR FAILURE TO APPEAR

The Civil Service Commission dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:

Virginia Best, Irvington, Department of Housing Services, removal.

ACTION: The Civil Service Commission noted the dismissal of appeals without prejudice.

SECTION A – HEARING MATTERS

A-1 SETTLEMENTS

Eddie Blount

Essex County

Department of Public Safety and Corrections

Suspension

Michael Cannon

Kearny

Department of Public Works

Removal

Kevin Dragert

Hamilton Township

Department of Public Works

Removal

Barbara Earling

South Woods State Prison

Department of Corrections

Suspension

DeHaven Graham

Ancora Psychiatric Hospital

Department of Health

Removals (5)

Marquita Palms

Trenton Psychiatric Hospital

Department of Health

Suspensions (2)

Daxesh Patel

Department of Banking and Insurance

Demotion

David Velez

Freehold Township

Department of Code Enforcement

Layoff

ACTION: The Civil Service Commission acknowledged the settlements.

A-2 MOHAMED CONTEH – CSC DOCKET NO. 2020-533

Mohamed Conteh, Human Services Technician, Trenton Psychiatric Hospital, Department of Health, removal, effective July 29, 2019, on charges of conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge – Modify the removal to a six-month suspension.

ACTION: The Civil Service Commission modified the removal to a four-month suspension.

A-3 MINA EKLADIOUS – CSC DOCKET NO. 2020-1822

Mina Ekladious, Fire Fighter, Jersey City, Department of Public Safety, removal, effective December 24, 2019, on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee and failure to perform duties.

Recommendation of the Administrative Law Judge – Reverse the removal.

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

A-4 DANIEL FELICIANO – CSC DOCKET NO. 2020-2713

Daniel Feliciano, Equipment Operator, Hudson County, Department of Roads and Public Property, 20 working days suspension on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge – Uphold the 20 working day suspension.

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

A-5 JEAN LAMOTHE – CSC DOCKET NO. 2021-224

Jean Lamothe, Senior Executive Service, Department of Labor and Workforce Development, removal, effective August 7, 2020, on charges of 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-6 GEORGE MEADOWS – CSC DOCKET NO. 2021-1955

George Meadows, Principal Planner, Paterson, Department of Economic Development, removal, effective January 21, 2021, on charges of inability to perform duties.

Recommendation of the Administrative Law Judge – Reverse the removal.

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

SECTION B – MISCELLANEOUS MATTERS

B-1 M.G.A. – DOCKET NO. 2022-1234

M.G.A., represented by Michael L. Prigoff, Esq., appeals his rejection as a Fire Fighter candidate by Irvington and its request to remove his name from the eligible list for Fire Fighter (M1840W) 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-2 T.K.J. – DOCKET NO. 2022-1956

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

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

B-3 F.P. – DOCKET NO. 2022-3101

F.P., a County Correctional Police Officer with the Passaic County Sheriff’s Office, represented by Annette Verdesco, Esq., appeals the denial of the Bergen County Sheriff’s Office to intergovernmentally transfer him to the title of County Correctional Police Officer due to psychological reasons.

ACTION: The Civil Service Commission directed that the appeal be dismissed.

B-4 KYLE MEADOWS – DOCKET NO. 2022-3303

Kyle Meadows appeals the decision to remove his name from the Sheriff’s Officer (S9999A), Salem County Sheriff’s Office eligible list on the basis of an unsatisfactory employment record.

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

B-5 BRIAN ANTHONY – DOCKET NO. 2022-3057

Brian Anthony appeals the determination of the Division of Agency Services that he did not meet the experience requirements for the promotional examination for Storekeeper 1 (PS7184U), Department of the Treasury.

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

B-6 NATALY BALAH – DOCKET NO. 2023-319

Nataly Balah appeals the decision of the Division of Agency Services which found that she did not meet the experience requirements for the open competitive examination for Program Coordinator Drug and Alcohol Abuse (C0582D), Passaic County.

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

B-7 ERIC BULWITH – DOCKET NO. 2022-2924

Eric Bulwith appeals the determination of the Division of Agency Services which found that, per the substitution clause for education, he did not meet the experience requirements for the open-competitive examination for Senior Management Assistant (M0251D), Jersey City.

ACTION: The Civil Service Commission directed that this appeal be denied, and the classification of the appellant’s provisional position be referred to Division of Agency Services for review.

B-8 FREDDIE CROSS – DOCKET NO. 2022-3041

Freddie Cross appeals the determination of the Division of Agency Services that he did not meet the experience requirements for the promotional examination for Assistant Buyer (PS6993K), Vineland Developmental Center.

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

B-9 SANDRA CURRAIS – DOCKET NO. 2022-1637

Sandra Currais appeals the determination of the Division of Agency Services, which found that she did not meet the experience requirement for the open competitive examination for Administrative Analyst (M0324C), Newark.

ACTION: The Civil Service Commission directed that this appeal be denied, and the classification of the appellant’s provisional position be referred to Division of Agency Services for review.

B-10 GILBERTO DELEON, JR. AND EBONY WOODS – DOCKET NOS. 2022-3299 AND 2022-3228

Gilberto DeLeon, Jr. and Ebony Woods appeal the determinations of the Division of Agency Services that they did not meet the experience requirements for the promotional examination for Records Technician 3, Motor Vehicles (PS7769T), Motor Vehicle Commission.

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

B-11 ASHLEY DIGERNESS – DOCKET NO. 2022-3229

Ashley Digerness appeals the determination of the Division of Agency Services that she did not meet the experience requirements for the promotional examination for Health Educator (PC3794D), Salem County.

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

B-12 CANDICE DONALDSON – DOCKET NO. 2022-3134

Candice Donaldson appeals the determination of the Division of Agency Services which found that she did not meet the requirements for the open-competitive examination for Home Instructor, Commission for the Blind and Visionally Impaired (S0400D), Department of Health.

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

B-13 BONNIE DUBE – DOCKET NO. 2022-2957

Bonnie Dube appeals the determination of the Division of Agency Services which found that she did not meet the experience requirements, per the substitutional clause of education, for the promotional examination for Administrative Assistant 2 (PS6948J), Rowan University.

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

B-14 BEFKADU GUTA – DOCKET NO. 2022-2309

Befkadu Guta appeals the determination of the Division of Agency Services, which found that he was below the minimum requirements in experience for the promotional examination for Senior Engineer Structural Evaluation (PS7381T), Department of Transportation.

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

B-15 WILLIAM HARRON – DOCKET NO. 2022-3040

William Harmon appeals the determination of the Division of Agency Services that he did not meet the experience requirements for the promotional examination for Administrative Assistant 3 (S0769C), Statewide.

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

B-16 TAMMY HOLMES – DOCKET NO. 2022-3160

Tammy Holmes appeals the determination of the Division of Agency Services which found that she did not meet the minimum requirements in experience for the open-competitive examination for Supervisor of Nurses (C0448D), Hudson County.

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

B-17 ALEXANDER MCLEAN – DOCKET NO. 2022-3032

Alexander McClean appeals the determination of the Division of Agency Services which found that he did not meet the experience requirements for the open-competitive examination for Senior Management Assistant (M0251D), Jersey City.

ACTION: The Civil Service Commission directed that this appeal be denied, and the classification of the appellant’s provisional position be referred to Division of Agency Services for review.

B-18 AMANI SHAKUR – DOCKET NO. 2021-2690 AND 2022-2682

Amani Shakur appeals the determination of the Division of Agency Services which found that he did not meet the requirements for the promotional examinations for Management Assistant (PM4872C) and Manager Sanitation (PM5081C), Newark.

ACTION: The Civil Service Commission directed that the appeal be held over.

B-19 CAROLYN SYLVESTER – DOCKET NO. 2023-214

Carolyn Sylvester appeals the decision of the Division of Agency Services which found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Assistant Purchasing Agent (PC3912D), Sussex County.

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

B-20 ERIKA TURNER-BYFIELD – DOCKET NO. 2023-10

Erika Turner-Byfield appeals the decision of the Division of Agency Services which found that she did not meet the experience requirements for the open competitive examination for Supervising Community Program Specialist (S0405D), Statewide.

ACTION: The Civil Service Commission directed that this appeal be denied, and the classification of the appellant’s provisional position be referred to Division of Agency Services for review.

B-21 C.N. – DOCKET NO. 2022-3309

C.N. appeals the test administration, and requests a make-up examination, for Senior Technician, MVC (PS2743T), Motor Vehicle Commission.

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

B-22 TAMARA TOTH – DOCKET NO. 2023-42

Tamara Toth requests to take a make-up examination for Supervising Health Care Evaluator (PS2975H), Department of Health.

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

B-23 SHARONDA BREWER – DOCKET NO. 2022-2710

Sharonda Brewer appeals her rank and score for the promotional examination for Clerk 4 (PC5037C), Essex County.

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

B-24 SUSHANT DARJI, ET AL. – DOCKET NOS. 2022-3169, ET AL.

Sushant Darji, Reba Oduro, and Zil Patel appeal the scoring and validity of the Senior Engineer Transportation (PS1109T), Department of Transportation promotional examination.

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

B-25 OLTJANA DURAJ – DOCKET NO. 2022-3236

Oltjana Duraj appeals the scoring and validity of the Senior Engineer Traffic (PS7382T), Department of Transportation promotional examination.

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

B-26 M.D. – DOCKET NO. 2022-1953

M.D. appeals the administration of the promotional examination for Police Sergeant.

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

B-27 DALE LAIRD – DOCKET NO. 2023-118

Dale Laird appeals the administration of the open competitive examination for Campus Police Officer Recruit (S0226D), Statewide.

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

B-28 INES MASSIO – DOCKET NO. 2023-87

Ines Massio appeals her disqualification by the Division of Test Development, Analytics and Administration for the open-competitive examination for Judiciary Clerk 2, Bilingual in Spanish and English (S0402V), Statewide.

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

B-29 NICOLAS MONACO, ET AL. – DOCKET NOS. 2022-3186, ET AL.

Nicolas Monaco (PC4822C), Morris County; Anthony Porcella, Michael Sadeghian and Michael Donlon (PC4820C), Middlesex County; Raymond Paul and Vanessa Howard (PC4821C), Monmouth County; Patrick Toomey (PC4817C), Hudson County; Stephanie Grant (PC4812C) Atlantic County; James Lapp and Edward Romero (PC4813C), Bergen County appeal the promotional examination for County Correctional Police Lieutenant (various).

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

B-30 MARSHA APFFEL – DOCKET NO. 2023-237

Marsha Apffel appeals the determination of the Division of Agency Services that the proper classification of her position with the Department of Environmental Protection is Agency Services Representative 3. The appellant seeks an Agency Services Representative 4 classification.

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

B-31 WAYNE BEBERT – DOCKET NO. 2022-2838

Wayne Bebert appeals the decision of the Division of Agency Services that the proper classification of his position with Sayreville is Maintenance Worker 1 Grounds. He seeks a Maintenance Worker 2 Grounds classification in these proceedings.

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

B-32 RODNEY RICKENBACH – DOCKET NO. 2023-181

Rodney Rickenbach appeals the decision of the Division of Agency Services which found that his position with the Department of Law and Public Safety is properly classified as Administrative Analyst 4, Information Systems. He seeks a Supervising Management Improvement Specialist classification in these proceedings.

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

B-33 S.W. – DOCKET NO. 2023-79

S.W., a Program Specialist 3, Regulatory Programs with the Department of Community Affairs, appeals the decision of the Lieutenant Governor, which was unable to substantiate that she was subject to discrimination and retaliation in violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.

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

B-34 YAKEMA COLEMAN – DOCKET NO. 2023-445

Yakema Coleman requests reconsideration of In the Matter of Yakema Coleman (CSC, decided June 15, 2022) where the Civil Service Commission denied her appeal of the determination of the Division of Agency Services that she lacked the required amount of permanent status in a title to which the Social Worker (PC4941C), Passaic County Board of Social Services, examination was open.

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

B-35 J.M. – DOCKET NO. 2023-446

J.M., a Planner/Scheduler, Computerized Maintenance Management with the Greystone Park Psychiatric Hospital, Department of Human Services, requests reconsideration of In the Matter of J.M. (CSC, decided August 24, 2022) which denied his appeal regarding his claims of violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace.

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

B-36 OMAR DIAZ – DOCKET NO. 2023-299

Omar Diaz, a Police Captain with the City of Newark, represented by John J. Chrystal, III, President of the Superior Officers’ Association, petitions the Civil Service Commission for interim relief regarding his immediate suspension.

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

B-37 ADMINISTRATIVE ASSISTANT 3 (S0769C), STOCKTON UNIVERSITY – DOCKET NO. 2022-2897

Stockton University requests permission not to make an appointment from the May 2, 2022 certification for Administrative Assistant 3 (S0769C).

ACTION: The Civil Service Commission granted the appointment waiver and deferred selection costs.

B-38 ZAVIAN BRYANT AND NICHOLAS LONERO – DOCKET NOS. 2023-316 AND 2023-582

South Orange Village requests that the list for Police Sergeant (PM0871V), South Orange, be revived in order to effectuate the appointments of Zavian Bryant and Nicholas Lonero.

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

B-39 JOHN CATRON, ET AL. – DOCKET NOS. 2022-3125, ET AL.

Freehold Township requests that the list for Police Sergeant (PM0799V), Freehold, be revived in order to effectuate the appointments of John Catron, Jack Mandala and Jimmy Santiago.

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

B-40 WILLIAM DIGANGI, ET AL. – DOCKET NOS. 2023-138, ET AL.

Rahway requests that the list for Police Sergeant (PM0858V), Rahway, be revived in order to effectuate the appointments of William DiGangi, Kenneth Rengifo and Kevin Wronski.

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

B-41 JUAN LAFFONT, ET AL. – DOCKET NOS. 2023-11, ET AL.

West New York, represented by Angelo Auteri, Esq., requests that the list for Police Sergeant (PM0888V), West New York, be revived in order to effectuate the appointments of Juan Laffont, Jerry Maury and Madelyn Velasquez.

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

B-42 MATTHEW COSTELOW AND ROBERT VANARSDALE – DOCKET NOS. 2023-154 AND 2023-155

The Department of Environmental Protection requests that the appointment of Matthew Costelow and Robert VanArsdale to the title of State Park Police Officer Trainee be recorded, effective January 29, 2022 and August 14, 2021, respectively.

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

B-43 B.M. – DOCKET NOS. 2022-2023

B.M. appeals the administration of the promotional examination for Police Sergeant.

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

B-44 NOTICE OF READOPTION: N.J.A.C. 4A:1 - GENERAL RULES AND DEPARTMENT ORGANIZATION

Notice of Readoption for N.J.A.C. 4A:1 – General Rules and Department Organization.

ACTION: The Civil Service Commission approved the proposed readoption.

B-45 NOTICE OF READOPTION: N.J.A.C. 4A:2 - APPEALS, DISCIPLINE, AND SEPARATIONS

Notice of Readoption for N.J.A.C. 4A:2 - Appeals, Discipline, and Separations.

ACTION: The Civil Service Commission approved the proposed readoption.

B-46 NOTICE OF READOPTION WITH AMENDMENT: N.J.A.C. 4A:5 - VETERANS’ AND DISABLED VETERANS’ PREFERENCE

Notice of Readoption with Amendment: N.J.A.C. 4A:5 -Veterans’ and Disabled Veterans’ Preference.

ACTION: The Civil Service Commission approved the proposed readoption with amendment.

B-47 NOTICE OF READOPTION: N.J.A.C. 4A:9 - POLITICAL SUBDIVISIONS

Notice of Readoption for N.J.A.C. 4A:9 – Political Subdivisions.

ACTION: The Civil Service Commission approved the proposed readoption.

B-48 NOTICE OF READOPTION N.J.A.C. 4A:10 - VIOLATIONS AND PENALTIES

Notice of Readoption for N.J.A.C. 4A:10 – Violations and Penalties.

ACTION: The Civil Service Commission approved the proposed readoption.

B-49 FISCAL YEAR 2023 SALARY REGULATION COMPENDIUM

The FY 2023 Salary Regulations Compendium includes the following: Section 1 - Aligned Salary Regulation, Non-Aligned Salary Regulation, Attachments A and B; Section 2 - Emergency Conditions Salary Regulation; Section 3 - Special Incentive Salary Programs; Section 4 - Miscellaneous Salary Regulation. The Compendium has been approved by Deirdré L. Webster Cobb, Esq., Chair/CEO, Civil Service Commission, and Lynn Azarchi, Acting Director, Office of Management and Budget.

ACTION: The Civil Service Commission recorded the regulations.

PUBLIC PORTION

No comments.