Civil Service Commission | Meeting Minutes of October 4, 2017

Robert M. Czech, Chairperson

Dolores Gorczyca

Daniel W. O’Mullan

October 4, 2017

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A regular meeting of the Civil Service Commission was held on Wednesday, October 4, 2017, in Trenton, New Jersey.

PRESENT: Robert M. Czech, Chairperson, Members Dolores Gorczyca (via telephone) and Daniel W. O’Mullan; Pamela Ullman, Deputy Attorney General; Christopher Myers, Director, Division of Appeals and Regulatory Affairs.

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 28, 2016, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the hearing calendar:

Tenna M. Coles, Practical Nurse, County of Salem, Sheriff’s Department, removal.

Marissa Nicol, County Correction Officer, Sussex County, Sheriff’s Department, released at end of working test period.

ACTION: The Civil Service Commission noted the withdrawals of appeal 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:

Natayzhia Pierre, Clerk 1, Hudson County, Sheriff’s Department, 30 working day suspension.

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

SECTION A – HEARING MATTERS

A-1 SETTLEMENTS

Lawrence Bolden

Willingboro Township

Department of Parks and Recreation

Removal

Felicia Johnson-Still

City of Newark

State-Operated School Newark District

Suspension

Earl Polhamus

Woodbine Developmental Center

Department of Human Services

Removal

Shirley Shay

Sussex County

Department of Human Services

Removal

Olea Woodard

Camden County

Health Service Center

Suspension

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

ACTION: The Civil Service Commission acknowledged the settlements.

A-2 NEAL ARMSTRONG

Neal Armstrong, County Correction Officer, Cumberland County, Department of Corrections, 10 working day suspension on charges of falsification of an official document.

Recommendation of the Administrative Law Judge – Reverse the 10 working day suspension.

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

A-3 THOMAS CARACCIO (A written decision will be posted in this matter when the Civil Service Commission adopts the decision at a future meeting.)

Thomas Caraccio, County Correction Officer, Hudson County, Department of Corrections, removal effective May 13, 2016 on charges of failure to preform duties, insubordination, 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.

VOTE: Robert M. Czech (Yes)

Dolores Gorczyca (No)

Daniel W. O’Mullan (Yes)

A-4 MARJORIE LONDREGAN (Remand)

Marjorie Londregan, Graduate Nurse, County of Passaic, Preakness Healthcare Center, removal effective January 15, 2015 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-5 FRANCISCO PONCE

Francisco Ponce, Police Officer, Township of North Bergen, removal effective June 19, 2015 on charges of incompetency, inefficiency or failure to preform duties, inability to preform duties, and conduct unbecoming a public employee.

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 (Abstain)

Dolores Gorczyca (Yes)

Daniel W. O’Mullan (Yes)

A-6 PERRY WOODING

Perry Wooding, Security Officer, New Jersey City University, resignation not in good standing effective July 14, 2015 on charges of abandonment of job.

Recommendation of the Administrative Law Judge – Uphold the resignation not in good standing.

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

SECTION B – MISCELLANEOUS MATTERS

B-1 JULIO APONTE III – CSC DOCKET NO. 2017-3955

Julio Aponte III appeals the removal of his name from the eligible list for Management Assistant (M0220U), City of East Orange on the basis of his failure to appear for an interview.

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

B-2 NICHOLAS BELLUCCI – CSC DOCKET NO. 2017-3325

Nicholas Bellucci, represented by Jennifer Meyer-Mahoney, Esq., appeals the removal of his name from the eligible list for Sheriff’s Office (S9999R), Essex County, on the basis of an unsatisfactory criminal record.

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

B-3 GARY HILL – CSC DOCKET NO. 2017-1824

Gary Hill, represented by David Beckett, Esq., appeals his removal from the eligible list for Police Officer (S9999R), Trenton, on the basis of his non-interest in the position.

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

B-4 TINA MUTCHERSON – CSC DOCKET NO. 2017-2910

Tina Mutcherson appeals the removal of her name from the special reemployment list for Cottage Training Supervisor on the basis that she failed to respond to certification notices.

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

B-5 TIARRA PALMER – CSC DOCKET NO. 2017-2608

Tiarra Palmer appeals the removal of her name from the eligible list for Judiciary Clerk 2 (S0942S), Judiciary on the basis that she failed to respond to the certification notice.

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

B-6 FRANCIS SOLEO – CSC DOCKET NO. 2017-1131

Francis Soleo, represented by Catherine M. Elston, Esq., appeals the removal of his name from the Police Officer (S9999R), Borough of Keansburg eligible list for failure to maintain residency.

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

B-7 MIGUEL VALDERA – CSC DOCKET NO. 2017-1684

Miguel Valdera, represented by Joel S. Rosenberg, Esq., appeals the removal of his name from the Fire Fighter (M1583T), Winslow Township, eligible list, on the basis of falsification of his employment application.

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

B-8 SENIOR DATA CONTROL CLERK (M0389U), VINELAND SCHOOL DISTRICT – CSC DOCKET NO. 2018-413

Vineland School District requests permission not to make an appointment from the March 29, 2017 certification for Senior Data Control Clerk (M0389U).

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

B-9 CRISTINA COELHO AND LUZ RODRIGUEZ - CSC DOCKET NOS. 2017-3885 AND 2017-3913

Cristina Coelho and Luz Rodriguez appeal the determinations of the Division of Agency Services that they did not meet the experience requirements for the promotional examination for Technical Assistant 1, Labor (PS4419N), Department of Labor & Workforce Development.

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

B-10 LATRENDA ROSS – CSC DOCKET NO. 2017-3007

LaTrenda Ross appeals the determination of the Division of Agency Services which found that she did not meet the experience requirements for the open-competitive examination for Field Representative Senior Citizens Program (C0835U), Hudson County.

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

B-11 ROBERT ZAK – CSC DOCKET NO. 2017-3827

Robert Zak appeals the determination of the Division of Agency Services that he was below the minimum requirements in experience for the promotional examination for Supervisor of Postal Services (PS4152G), Department of Environmental Protection.

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

B-12 MATTHEW GOLDING – CSC DOCKET NO. 2017-2397

Matthew Golding appeals the decision of the Division of Agency Services which found that his position with the Department of the Treasury was properly classified as Senior Postal Clerk. The appellant seeks a Computer Operator 3 job classification.

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

B-13 DAVID SCHUSTER – CSC DOCKET NO. 2017-2138

David Schuster appeals the decision of the Division of Agency Services which found that his position with the Department of the Treasury was properly classified as Principal Postal Clerk. The appellant seeks a Computer Operator 1 job classification.

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

B-14 ALLAN BILINSKI – CSC DOCKET NO. 2018-433

Allan Bilinski requests that he be permitted to submit an application for the promotional examination for Police Captain (PM0652V), Marlboro, after the application filing deadline.

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

B-15 FRANK OLSEN – CSC DOCKET NO. 2017-3383

The Borough of Runnemede requests that Frank Olsen be provided with a retroactive date of permanent appointment to the title of Police Sergeant.

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

B-16 BENJAMIN OUCKAMA – CSC DOCKET NO. 2017-2455

Benjamin Ouckama represented by Robert K. Chewning, Esq., appeals the denial of veterans preference for the examination for Fire Fighter (M1557T), North Hudson Fire and Rescue.

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

B-17 S.D. – CSC DOCKET NO. 2016-2820

S.D., a retired Professor with Kean University, appeals the decision of the University President, 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-18 JESSENIA JIMENEZ – CSC DOCKET NO. 2016-3680

Cape May County, represented by Lauren F. Fogarty, Assistant County Counsel, petitions the Civil Service Commission (Commission) for a stay of the Commission’s Final Administrative Action pending the outcome of its appeal in the Appellant Division.

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

B-19 CIVIL SERVICE COMMISSION MINUTES

Submitted for adoption are the Civil Service Commission minutes of its meeting of September 20, 2017.

ACTION: The Civil Service Commission adopted the minutes of its meeting on September 20, 2017.

B-20 CARLOS AROCHO – CSC DOCKET NO. 2017-1644

Carlos Arocho, represented by Bette R. Grayson, Esq., appeals the decision to remove his name from the Fire Fighter (M2554M), Newark, eligible list on the basis of falsification of his application.

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

B-21 CRISTINA KERESZTES – CSC DOCKET NOS. 2017-3198, ET AL.

Cristina Keresztes appeals the removal of her name from the eligible list for Supervising Family Service Specialist 2 (PS1035K), Department of Children and Families on the basis that she failed to respond to certification notices.

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

B-22 NICHOLAS DERISI – CSC DOCKET NO. 2018-607

Nicholas DeRisi appeals his removal from the eligible list for Correction Officer Recruit, Juvenile Justice Commission (S9999R), Juvenile Justice Commission for failing to respond to the certification notice.

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

B-23 DARVIN TAPIA – CSC DOCKET NO. 2017-2362

Darvin Tapia appeals the removal of his name from the eligible list for Sheriff’s Officer (S9999R), Hudson County, on the basis of his failure to meet the residency requirement.

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

B-24 WYKELL BROOKS – CSC DOCKET NO. 2017-3133

Wykell Brooks appeals the removal of his name from the Police Officer (S9999R), Elizabeth eligible list on the basis of an unsatisfactory background report.

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

B-25 SENIOR PUBLIC WORKS REPAIRER (M0035S), POINT PLEASANT - CSC DOCKET NO. 2017-3780

Point Pleasant requests permission not to make an appointment from the June 5, 2014 certification for Senior Public Works Repairer (M0035S).

ACTION: The Civil Service Commission granted the appointment waiver and assessed no selection costs.

B-26 B.B. - CSC DOCKET NO. 2017-2009

B.B., a Supervisory 2, MVC with the Motor Vehicle Commission (MVC), appeals the determination of the Chairman and Chief Administrator, MVC, which found sufficient evidence to support a finding that he had violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.

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

B-27 STEVEN HOTZ – CSC DOCKET NO. 2017-1342

The appeal of Steven Hotz, a Senior Correction Officer, Garden State Youth Correctional Facility, Department of Corrections, of his removal, effective October 7, 2016, on charges, was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on July 11, 2017. At its meeting on September 20, 2017, the Civil Service Commission (Commission) affirmed the ALJ’s recommendation to uphold the removal. However, the Commission found it necessary to address the exceptions filed by the parties. The proposed final decision is now submitted for the Commission’s review.

ACTION: The Civil Service Commission adopted the final decision.

B-28 CARLOS RAMOS – CSC DOCKET NOS. 2016-2117 AND 2017-2707

Carlos Ramos, represented by Lynsey Stehling, Esq., appeals the removal of his name from the eligible list for Fire Fighter (M2554M), Newark.

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

B-29 BRUCE GOMOLA, ET AL. – CSC DOCKET NOS. 2017-3914, ET AL.

Bruce Gomola (PC2074U), Burlington County; Ryan Connell and James Palma (PC2077U), Essex County, Michael Sadeghian (PC2080U), Middlesex County; Dana Gallo, Daniel Hudak, William Nagy, Wesley Rebnicky, Michael Riker, Milton Roman, Julio Santiago and Michael Storcks (PC2081U), Monmouth County; and Michael Chereches and Nicolas Monaco (PC2082U), Morris County; appeal the promotional examination for County Correction Sergeant (various jurisdictions).

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

B-30 LISA BROWN – CSC DOCKET NO. 2017-2559

Lisa Brown, a Family Services Specialist 1 with the Department of Children and Families (DCF), represented by Manuel B. Oasin, Esq., appeals the decision of DCF to remove her name from the Family Services Specialist 1 (PS2267K), eligible list due to an unsatisfactory employment record.

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

B-31 JAYASHREE CHITNIS – CSC DOCKET NO. 2018-29

Jayashree Chitnis appeals the decision of the Division of Agency Services which found that her position with the Department of the Treasury was properly classified as Auditor 3, Taxation. The appellant seeks an Auditor 2, Taxation job classification.

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

B-32 DANIEL MITCHELL AND KURT CARTER - CSC DOCKET NOS. 2018-236, ET AL.

Union Township requests that the appointments of Daniel Mitchell and Kurt Carter be recorded from the eligible list for Police Sergeant (PM5162N), effective December 8, 2015. Mitchell and Carter also request that they be admitted to the promotional examination for Police Lieutenant (PM0751V), Union Township.

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

B-33 LUCKNER TOUSSAINT – CSC DOCKET NO. 2017-634

Luckner Toussaint appeals his removal from the Senior Building Maintenance Worker, The College of New Jersey special reemployment list on the basis of his failure to respond to the certification notice.

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

B-34 DEREK SLIMMER – CSC DOCKET NO. 2017-2342

Derek Slimmer, a Correction Sergeant with Bayside State Prison, Department of Corrections, represented by Frank M. Crivelli, Esq., appeals the bypass of his name for Correction Lieutenant (PS6072I), Department of Corrections.

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

B-35 TIMOTHY SPOONAUER – CSC DOCKET NO. 2018-551

Timothy Spoonauer requests admittance to the promotional examination for Human Services Specialist 2 (PC0534V), Union County.

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

B-36 DONALD BRAD WILTSHIRE – CSC DOCKET NO. 2018-722

Donald Brad Wiltshire, a Fire Fighter with the City of Ocean City, represented by Louis M. Barbone, Esq., petitions the Civil Service Commission for interim relief of his removal effective August 15, 2017.

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

PUBLIC PORTION

No comments.

There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, October 18, 2017, at 1:00 p.m., at 3 Station Plaza, Trenton, New Jersey.