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Hope L. Cooper, Chairperson
Flavella Branham
Margaret E.L. Howard
A regular meeting of the Civil Service Commission was held on Wednesday, October 21, 2009, in Trenton, New Jersey.
PRESENT: Hope L. Cooper, Chairperson, Members Flavella Branham and Margaret E. L. Howard; Pamela Ullman, Deputy Attorney General; Henry Maurer, Director, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, Hope L. Cooper, 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 17, 2008, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified.
STATE
The Civil Service Commission recorded the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Mark Azzolino
Sussex County
Department of Human Services
Suspension
In the Matter of Douglas Chilton
Burlington County
County Jail
Suspension
In the Matter of Robert Rodriguez
Mercer County
Department of Human Services
Suspensions (3)
In the Matter of Charleen Sheehan
Bergen County
Department of Human Services
Removal and Resignation not in good standing
In the Matter of Joseph Tartza
East Jersey State Prison
Department of Corrections
Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 JOEL T. SMITH
Joel T. Smith, Senior Youth Worker, Department of Children and Families, resignation not in good standing effective June 19, 2008 on charges of failure to return/report to work for five consecutive business days, abandonment of job as a result of absence from work as scheduled without permission for five consecutive days and violation of policy.
Recommendation of the Administrative Law Judge - Reverse the resignation not in good standing.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-3 MICHAEL CHROMEY (SETTLEMENT)
Michael Chromey, Fire Fighter, North Hudson Regional Fire and Rescue, 90-day suspension on charges of incompetency, inefficiency or failure to perform duties, insubordination, conduct unbecoming a public employee, neglect of duty and other sufficient cause and removal effective April 21, 2008, on charges of insubordination, inability to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause. Settled to withdrawal without prejudice, a disability retirement and a lump sum payment of $22,500 or termination.
Recommendation of the Administrative Law Judge - Acknowledge the settlement.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-4 DOUGLAS OKAFOR AND JASPER NWAFOR (CONSOLIDATION)
Douglas Okafor and Jasper Nwafor, Hospital Attendants, Essex County, Department of Health and Rehabilitation, removals effective June 26, 2008, on charges of conduct unbecoming a public employee, neglect of duty and other sufficient cause.
Recommendation of the Administrative Law Judge - Uphold the removals.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
SECTION B - MISCELLANEOUS MATTERS
B-1 SHANE A. MARTIN
Shane A. Martin, represented by James P. Swift, Esq., appeals his rejection as a Police Officer candidate by Atlantic City 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-2 FULVIO CARABELLI
Fulvio Carabelli, a Cook (12 Months) with the Juvenile Justice Commission, Department of Law and Public Safety, appeals the denial of additional sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted in part.
B-3 KENNETH MCKEEL
Kenneth McKeel, 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 denied.
B-4 GEORGE MORTENSEN
George Mortensen, a Senior Correction 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-5 JOSEPH NASATKA
Joseph Nasatka, a Repairer Mechanical 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 BARBARA NORTON
Barbara Norton, a Human Services Assistant 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 granted.
B-7 ZACHARY OREN
Zachary Oren, a Senior Correction Officer with Mountainview Youth Correctional Facility, 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 in part.
B-8 DIANE PACE
Diane Pace, a Personnel Assistant 3 with the Division of Consumer Affairs, Department of Law and Public Safety, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-9 ABDUL-QAADIR J. NYAHUMA
Abdul-Qaadir J. Nyahuma, a Correction Sergeant with Garden State Reception and Youth Correctional Facility, Department of Corrections, appeals the denial of sick injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this matter be held over.
B-10 MICHAEL COLETTA
Michael Coletta appeals the determination of the Division of State and Local Operations which determined that he was not eligible for placement on the Statewide Law Enforcement Officer Eligible Listing established pursuant to N.J.S.A. 40A:14-180.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-11 JOSEPH DOHN
Joseph Dohn, represented by Charles J. Uliano, Esq., appeals the decision of the former Division of Human Resource Information Services, which found that the appointing authority has presented a sufficient basis to remove the appellant's name from the County Correction Sergeant (PC2667G), Ocean County eligible list on the basis of an unsatisfactory employment record.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-12 MICHAEL SPAGNOLA
Michael Spagnola appeals the decision of the Division of Local Human Resource Management, which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Weights and Measures Apprentice (C6989H), Morris County based on an unsatisfactory employment record.
ACTION: The Civil Service Commission granted a hearing.
B-13 SENIOR COMPUTER SERVICE TECHNICIAN (M0435K), PLAINFIELD
Plainfield requests permission not to make an appointment from the October 20, 2008 certification for Senior Computer Service Technician (M0435K).
ACTION: The Civil Service Commission granted a request for an appointment waiver but assessed selection costs in the amount of $2,048.
B-14 AREFA GHIYA
Arefa Ghiya, a Residential Services Worker at Hunterdon Developmental Center, Department of Human Services, appeals the determination of the Assistant Commissioner, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-15 IRENE GRSKOVIC
Irene Grskovic, a Senior Clerk Typist with William Paterson University, appeals the determination of the President, 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-16 RONALD VARELLA
Ronald Varella, an Assistant Chief Fiscal Officer with the Department of Human Services, appeals the determination of the Assistant Commissioner, stating that there was probable cause to substantiate a finding that he violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-17 SONYA CAVER-BARKSDALE
Sonya Caver-Barksdale appeals the decision of the Division of State Human Resource Management which found that her position is properly classified as a Technical Assistant 3, Community Affairs.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-18 PAULA KAMRAD
Paula Kamrad appeals the determination of the Division of State Human Resource Management that her position is properly classified as a Principal Clerk Typist. Appellant seeks an Administrative Analyst 4 classification in this proceeding.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-19 GIUSEPPE BRANCATO
Brick Township requests that Giuseppe Brancato be provided a retroactive permanent appointment as an Equipment Operator, effective October 31, 2005.
ACTION: The Civil Service Commission granted the request and directed that Guiseppe Brancato's name be added to the special reemployment list for Equipment Operator.
B-20 SHANE GIBSON
Mercer County petitions the Civil Service Commission for a retroactive permanent appointment date as a Truck Driver for Shane Gibson.
ACTION: The Civil Service Commission granted the request.
B-21 COLOSSAIN DAVIS
Colossain Davis, represented by Robert R. Cannan, Esq., petitions the Civil Service Commission for a determination with regard to back pay, benefits and seniority awarded in In the Matter of Colossain Davis (CSC, decided December 3, 2008).
ACTION: The Civil Service Commission awarded $7,905.44 in back pay.
B-22 DOMINIC GLIOTTONE
Dominic Gliottone, a County Correction Officer with Mercer County, represented by Christopher A. Gray, Esq., petitions the Civil Service Commission for interim relief of his immediate suspension effective August 25, 2009.
ACTION: The Civil Service Commission denied the request.
B-23 RICHARD HOLLAND
Richard Holland, a former Grounds Worker with Rowan University, represented by Corey E. Ahart, Esq., seeks Civil Service Commission resolution of a dispute concerning back pay, benefits, and counsel fees due to him as a result of the reversal of his removal.
ACTION: The Civil Service Commission denied the request for back pay but awarded $5,220 in counsel fees.
B-24 KYLE LEACH AND NICHOLAS ANDRIJANOFF
Kyle Leach and Nicholas Andrijanoff, represented by John P. Rowland, Esq., petition the Civil Service Commission for a determination with regard to the back pay, benefits and seniority awarded in In the Matter of Kyle Leach and Nicholas Andrijanoff (CSC, decided October 8, 2008).
ACTION: The Civil Service Commission awarded back pay in the amount of $20,777.48 to Kyle Leach and $45,564.36 to Nicholas Andrijanoff.
B-25 WATER AND WASTEWATER UTILITY EMPLOYEE LAYOFF, CITY OF PERTH AMBOY
The Perth Amboy Blue Collar Union, Local Number 1, represented by Robert R. Cannan, Esq., requests interim relief from the Civil Service Commission regarding the June 30, 2009 layoff of employees in the Water and Wastewater Utility, City of Perth Amboy, pending the outcome of the employees' appeals of the good faith of their layoff.
ACTION: The Civil Service Commission denied the request.
B-26 YOLANDA WILLIAMS
Yolanda Williams, a Police Records Clerk with the City of Orange, represented by Eldridge Hawkins, Esq., petitions the Civil Service Commission for relief regarding her indefinite suspension, which commenced on March 13, 2008. Additionally, the petitioner appeals the removal of her name from the Police Officer (S9999HG), City of Orange, eligible list on the basis that she falsified her employment record.
ACTION: The Civil Service Commission granted back pay, benefits and seniority during the period of suspension, but the Civil Service Commission directed that the list removal appeal be denied.
B-27 THOMAS ALALA
Thomas Alala, a Fire Captain with Paterson, represented by Adolph J. Galluccio, Esq., petitions the Civil Service Commission for reconsideration of the final decision, rendered on August 19, 2009, which upheld his removal.
ACTION: The Civil Service Commission denied the request for reconsideration.
B-28 LILLIAN FOSTER
Lillian Foster requests reconsideration of the decision rendered on February 11, 2009, which upheld the bypass of her name for appointment on the eligible list for Instructor Counselor (S0326F), Trenton Psychiatric Hospital, Department of Human Services and 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 denied the request for reconsideration.
B-29 FERNANDO GARCIA
Fernando Garcia, a former Children's Supervisor with Union County, challenges his layoff from that title, effective September 22, 2008. The appellant also petitions for reconsideration of the July 28, 2009 decision of the Director, Division of Merit System Practices and Labor Relations, which denied his request for a hearing regarding the good faith of his layoff.
ACTION: The Civil Service Commission directed that the appeal and the request be denied.
B-30 VERNELLE LAGRANDE, ET AL.
Vernelle LaGrande, Yolanda Parker, and Pauline Wade, represented by Robert O. Yaeger, Principal Staff Representative, Communications Workers of America, Local 1040, request reconsideration of the decision rendered on March 25, 2009, which upheld the determinations of the Division of State Human Resource Management that the proper classification of their positions is Head Cottage Training Supervisor. The appellants seek Assistant Supervisor of Resident Living (Developmental Disabilities) classifications.
ACTION: The Civil Service Commission denied the requests for reconsideration.
B-31 GILDA MATTHEWS
Gilda Matthews, a Human Services Assistant with Woodbine Developmental Center, Department of Human Services, of her removal effective May 14, 2008, on charges, was heard by Administrative Law Judge Edgar R. Holmes (ALJ), who rendered his initial decision on August 3, 2009. At its meeting on October 7, 2009, the Civil Service Commission (Commission) adopted the ALJ's recommendation to modify the removal to a 10 working day suspension. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
VOTE: Hope L. Cooper (Yes)
Margaret E. L. Howard (Yes)
Flavella Branham (Abstained)
B-32 CECLIA OWENS
The appeal of Ceclia Owens, a Human Services Assistant with Trenton Psychiatric Hospital, Department of Human Services, of her removal, effective July 29, 2008, on charges, was heard by Administrative Law Judge Israel D. Dubin (ALJ), who rendered his initial decision on September 3, 2009. At its meeting on October 7, 2009, the Civil Service Commission (Commission) adopted the recommendation of the ALJ to modify the appellant's removal to a 30 working day suspension. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
VOTE: Hope L. Cooper (Yes)
Margaret E. L. Howard (Yes)
Flavella Branham (Abstained)
B-33 DANIEL SMITH
The appeal of Daniel Smith, a former Senior Correction Officer at the Adult Diagnostic and Treatment Center, Department of Corrections, of his 45 working day suspension on charges, was heard by Administrative Law Judge (ALJ) Dennis P. Blake, who rendered his initial decision on August 7, 2009. At its meeting on October 7, 2009, the Civil Service Commission (Commission) adopted the ALJ's recommendation to reverse the 45 working day suspension. However, the Commission did not adopt the ALJ's recommendation to impose sanctions for the appellant's late appearance at the Office of Administrative Law (OAL) hearing. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
VOTE: Hope L. Cooper (Yes)
Margaret E. L. Howard (Yes)
Flavella Branham (Abstained)
B-34 TIMOTHY H. APPERT
Timothy H. Appert appeals the determination of the Division of Selection Services which found that he did not meet the requirements for the promotional examination for Administrative Analyst 1 (PS6766K), Department of Human Services.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-35 KENNETH C. CALDWELL
Kenneth C. Caldwell appeals the determination of the Division of Selection Services which found that he did not meet the experience requirement for the promotional examination for Quality Assurance Coordinator (PS8712K), Department of Human Services.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-36 ERICKA CAMPBELL-GRIMES
Ericka Campbell-Grimes 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 Purchasing Assistant (PS1995K), Division of Addiction Services, Department of Human Services.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-37 DOLORES R. CASHEL AND ELENA RAGOZIN
Dolores R. Cashel and Elena Ragozin appeal the determinations of the Division of Selection Services, which found that they did not meet the requirements for Administrative Analyst 2, Fiscal Management (PS7253K), Department of Human Services.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-38 GEORGETTE COSTELLO AND DIANE L. HARDEN
Georgette Costello and Diane L. Harden appeal the determinations of the Division of Selection Services which found that they did not meet the requirements for the Supervising Training Technician (PS7318K), Department of Human Services.
ACTION: The Civil Service Commission directed that these appeals be denied but referred the matter of Ms. Costello's position to the Division of State and Local Operations for further review.
B-39 MIRTA DIAZ AND WANDA GONZALEZ
Mirta Diaz and Wanda Gonzalez appeal the determinations of the Division of Selection Services, which found that they were below the minimum requirements in experience for the open competitive examination for Principal Clerk Typist (Bilingual in Spanish and English) (S0865K).
ACTION: The Civil Service Commission directed that these appeals be granted.
B-40 TIMOTHY DORE, ET AL.
Timothy Dore 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 State Park Police Sergeant (PS2110G), Department of Environmental Protection. Steven Franzone and Timothy Kasony 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 State Park Police Sergeant (PS2110G), Department of Environmental Protection.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-41 RYAN GREENHALGH
Ryan Greenhalgh appeals the determination of the Division of Selection Services that he did not meet the requirements for the promotional examination for Police Sergeant (PM2694L), Lavallette. Lavallette also requests that the eligible list for Police Officer (S9999F) be revived in order to effectuate the permanent appointment of Greenhalgh, effective June 5, 2006.
ACTION: The Civil Service Commission directed that this appeal and request be granted.
B-42 OSMAN JALLOH
Osman Jalloh appeals the determination of the Division of Selection Services which found that he did not meet the minimum experience requirements for the promotional examination for Instructor of Nursing (PS1464K), Ancora Psychiatric Hospital.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-43 NATHAN JONES
Nathan Jones 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 the title of Construction Management Specialist 1 (M0917K), Newark School District.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-44 AKILESWARAN KUMARASAMY AND KIMBERLY PARADY
Akileswaran Kumarasamy 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 Supervising Program Development Specialist (Management and Finance) (PS1722K), Division of Family Development, Department of Human Services. Kimberly Parady appeals the decision of Selection Services which found, per the substitution clause for education, that she was below the minimum requirements in experience for the promotional examination for Supervising Program Development Specialist (Management and Finance) (PS1722K), Division of Family Development, Department of Human Services.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-45 THOMAS NEGRON
Thomas Negron appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Technician, Management Information Systems (PS1525P), Department of Law and Public Safety.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-46 JOHNNY ANDRADE, ET AL.
Johnny Andrade, David Arce, Michael Brogan, Niam Camp, Daniel Clemente, Christopher Conti, Adam Horace, Christopher Hubert, Christopher Ilg, Maurice Jackson, Celeste Kirby, Brian Labonne, Thomas Sambucci, Joseph Santiage, Derrick Smith, Scott Turdo, and Thomas Zwolinski appeal the promotional examination for Correction Sergeant (PS1818I), Department of Corrections.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-47 JOSEPH HEFFERON, ET AL.
Joseph Hefferon, Michael McGuire, and Anthony Melia appeal the promotional examination for Sheriff's Officer Captain (PC3598K), Essex County.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-48 ELAINE M. WELSH
Elaine M. Welsh appeals her rank and score for the promotional examination for Administrative Analyst 1, Fiscal Management (PS9614H), Department of Health and Senior Services and also petitions for a stay of the certification and appointment process pending the outcome of her appeal.
ACTION: The Civil Service Commission directed that this appeal and request be denied.
B-49 ELIZABETH MATSON
The Division of State and Local Operations, on behalf of the Department of the Treasury, request that Elizabeth Matson's out-of-title work experience be accepted to qualify her for a prospective promotional examination for Contract Administrator 2, Department of the Treasury.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-50 CIVIL SERVICE COMMISSION MINUTES
The Minutes of the Civil Service Commission meeting of its meeting of October 7, 2009 are submitted for adoption.
ACTION: The Civil Service Commission adopted the minutes of its meeting of October 7, 2009.
B-51 SUE MCNAIR
Sue McNair, a Residential Living Specialist with Trenton Psychiatric Hospital, Department of Human Services, represented by Samuel A. Gaylord, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-52 RAYMOND FANGBONER
Raymond Fangboner, a Professor with the College of New Jersey, appeals the determination of the College President, stating that there was probable cause to substantiate a finding that he violated the New Jersey State Policy Prohibiting discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-53 CITY OF CAMDEN POLICE DEPARTMENT PILOT PROGRAM
The Chairperson, Civil Service Commission recommends the establishment of a Pilot Program to provide for the expeditious hiring of Police Officers in the City of Camden Police Department. This matter was held over from the October 7, 2009 Commission meeting.
ACTION: The Civil Service Commission established the Pilot Program beginning on October 21, 2009 and expiring on October 20, 2010.
B-54 MONMOUTH COUNTY SHERIFF'S OFFICERS AND COUNTY CORRECTION OFFICERS
The Acting Director, Division of State and Local Operations, requests that the provisions of N.J.A.C. 4A:4-7.1A(a) be relaxed in order to extend the 90-day time frame in which Monmouth County Sheriff's Officers and County Correction Officers displaced by a reduction in force effective May 1, 2009 can participate in the Intergovernmental Transfer Program.
ACTION: The Civil Service Commission granted the request.
B-55 CHRIS STAFFIERI
Chris Staffieri appeals the determination of the Division of State Human Resource Management that his position is properly classified as a Supervisor, Aids of Navigation.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-56 YVONNE HUNT AND STEVE NACIM
Millburn Township, on behalf of Yvonne Hunt and Steve Nacim, requests that they be permitted to participate in the intergovernmental transfer program and to complete new working test periods as Police Officers with Millburn.
ACTION: The Civil Service Commission granted the request.
B-57 EARLY SETTLEMENTS
Aisha Bush
New Lisbon Developmental Center
Department of Human Services
Suspension
Denise Rosado
New Lisbon Developmental Center
Department of Human Services
Suspension
ACTION: The Civil Service Commission acknowledged the settlements.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Thursday, November 5, 2009, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
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Hope L. Cooper
Chairperson
Civil Service Commission
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