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MINUTES OF REGULAR MEETING OF
THE CIVIL SERVICE COMMISSION
NOVEMBER 23, 2022
Deirdré L. Webster Cobb, Chairperson
Dolores Gorczyca
Daniel W. O’Mullan
Diomedes Tsitouras
NOVEMBER 23, 2022
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A regular meeting of the Civil Service Commission was held on Wednesday, November 23, 2022, at 10:00 a.m., in Trenton, New Jersey.
PRESENT: Deirdré L. Webster Cobb, Chairperson; Members Dolores Gorczyca, Daniel O’Mullan and Diomedes Tsitouras; Levi Klinger-Christiansen, 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 November 2, 2022.
ACTION: The Civil Service Commission adopted the minutes of its meeting of November 2, 2022.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Chadwick Alesandrelli, Belleville, Police Department, suspension.
Elliot Ballinger, South Woods State Prison, Department of Corrections, 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:
Shivendra Bhardwaj, Hudson County, Department of Corrections, removal and resignation not in good standing.
Kathryn Grisales, Hudson County, Department of Registrar, removal.
Jamira Norwood, Atlantic City, Department of Public Safety, suspension.
ACTION: The Civil Service Commission noted the dismissal of appeals without prejudice.
SECTION A – HEARING MATTERS
A-1 SETTLEMENTS
Frank Carozza
Cumberland County
Department of Alcoholism
Removal
Glenwood Jones
East Orange
Department of Public Safety
Release at the end of the working test period
Matthew Osbun
Passaic County
Sheriff’s Department
Suspension
Paul Peterson
Department of Transportation
Suspension
VOTE: Deirdrè L. Webster Cobb (Yes)
Dolores Gorczyca (Recuse)
Daniel W. O’Mullan (Yes)
Diomedes Tsitouras (Yes)
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 CLIVE CAMPBELL – CSC DOCKET NO. 2022-1743
Clive Campbell, Institutional Trade Instructor 1, Cooking, Central Reception and Assignment Facility, Department of Corrections, removal, effective December 7, 2021, on charges of conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge – Reverse the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-3 GUSTAVO FRANCA – CSC DOCKET NO. 2022-2951
Gustavo Franca, Senior Correctional Police Officer, Northern State Prison, Department of Corrections, removal, effective May 10, 2022, on charges of conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge – Modify the removal to a 90 working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-4 CHRISTOPHER OLIVER – CSC DOCKET NO. 2022-2641
Christopher Oliver, Fire Fighter/Emergency Medical Technician, Gloucester City, Department of Fire and Ambulance, removal, effective December 21. 2021, 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 rejected the initial decision and acknowledged the settlement.
A-5 JEROME SIMMONS – CSC DOCKET NO. 2022-1848 (On remand)
Jerome Simmons, Senior Youth Aide, Bergen County, Department of Human Services, removal, effective January 24. 2022, on charges of on charges of incompetency, inefficiency or failure to perform duties, inability to perform duties, chronic or excessive absenteeism or lateness, conduct unbecoming a public employee, neglect of duty 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.
SECTION B – MISCELLANEOUS MATTERS
B-1 A.Z. – DOCKET NO. 2022-1631
A.Z. appeals her rejection as a Correctional Police Officer candidate by the Department of Corrections and its request to remove her name from the eligible list for Correctional 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-2 FRANK CAPOANO – DOCKET NOS. 2020-226, ET AL.
Frank Capoano appeals the removal of his name from the Correctional Police Officer (S9999U) and (S9999A), Department of Corrections, and Correctional Police Officer, Juvenile Justice Commission (S9999U), Juvenile Justice Commission, eligible lists, on the basis of an unsatisfactory background report and falsification of the employment record.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-3 KEVIN HIBBERT – DOCKET NO. 2023-797
Kevin Hibbert requests to file a late application for the promotional examination for Supervising Family Service Specialist 2 (PS8313K), Department of Children and Families.
ACTION: The Civil Service Commission directed that this request be denied.
B-4 ALICIA REED – DOCKET NO. 2023-601
Alicia Reed requests permission to submit a late application for the promotional examination for Family Service Supervisor (PC4847C), Essex County.
ACTION: The Civil Service Commission directed that this request be denied.
B-5 ERIC BARNETT – DOCKET NO. 2022-2559
Eric Barnett appeals the determination of the Division of Agency Services that he did not meet the experience requirement for the promotional examination for Contract Administrator 1 (PS6732T), Department of Transportation.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-6 LAKEISHA GALLMON – DOCKET NO. 2022-2816
Lakeisha Gallmon appeals the determination of the Division of the Agency Services that she did not meet the experience requirement for the promotional examination for Management Assistant (PS6935H), Department of Health.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-7 PATRICK HICKEY – DOCKET NO. 2022-2118
Patrick Hickey appeals the determination of the Division of Agency Services which found that he did not meet the requirements for the promotional examination for Assistant Supervisor of Building Repairs (PS6629J), Montclair State University.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-8 DONALD HUNDT, JR. – DOCKET NO. 2023-429
Donald Hundt, Jr., appeals the determination of the Division of Agency Services which found that he did not meet the minimum requirements in experience for the open competitive examination for Storekeeper 3 (S0403D), Statewide.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-9 KELESS MURRAY – DOCKET NO. 2023-7
Keless Murray appeals the determination of the Division of Agency Services that she did not meet the experience requirements for the open competitive examination for Field Representative, Senior Citizens Program (M0426D), East Orange.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-10 JOHN JOHNSON AND FABIAN ORRIOLS – DOCKET NOS. 2022-3264 AND 2023-71
John Johnson and Fabian Orriols appeal the determinations of the Division of Agency Services that they did not meet the experience requirements for the open competitive examination for Electrician (M0309D), Jersey City.
ACTION: The Civil Service Commission directed that these appeals be granted.
B-11 LEE PARK – DOCKET NO. 2023-397
Lee Park appeals his score for the oral portion of the promotional examination for second-level Fire Captain (PM2322C), Cinnaminson.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-12 WILLIAM TAMBURRI – DOCKET NO. 2023-479
William Tamburri appeals his score for the oral portion of the promotional examination for second-level Fire Captain (PM2316C), Belleville.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-13 CASEY ADAMS – DOCKET NO. 2023-796
Casey Adams, represented by John Warren, CWA Local 1033, appeals the decision of the Division of Agency Services that the proper classification of his position with Department of the Treasury is Printing Machine Operator 2. The appellant seeks a Printing Operations Technician 2 classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-14 MELVIN FINLEY – DOCKET NO. 2022-2459
Melvin Finley, a former Security Guard with the Newark School District, represented by Arnold Shep Cohen, Esq., requests reconsideration of the decision of the Director, Division of Appeals and Regulatory Affairs, rendered on January 28, 2022, denying his request for a hearing regarding his removal.
ACTION: The Civil Service Commission directed that this request be granted.
B-15 CAMPUS POLICE OFFICER RECRUIT, ET AL., THE COLLEGE OF NEW JERSEY – DOCKET NOS. 2023-264, ET AL.
The Division of Agency Services requests that the Civil Service Commission order The College of New Jersey to return and properly dispose of the April 10, 2021, certification of the eligible list for Campus Police Officer Recruit (S9997U), the December 14, 2021, certification of the eligible list for Mechanic Non-Automotive (PS1029J), and the February 6, 2020, certification of the eligible list for Senior Repairer (PS7850J) and (PS0533J).
ACTION: The Civil Service Commission ordered the appointing authority to properly dispose of the certifications and pay compliance costs in the amount of $3,000.
B-16 COUNTY CORRECTIONAL POLICE OFFICER (S9999A), MERCER COUNTY – DOCKET NO. 2023-724
The Division of Agency Services requests that the Civil Service Commission order Mercer County to properly dispose of the September 16, 2021, certification of the eligible list for County Correctional Police Officer (S9999A).
ACTION: The Civil Service Commission ordered the appointing authority to properly dispose of the certification and pay compliance costs in the amount of $1,000.
B-17 OMAR DIAZ – DOCKET NO. 2023-856
Omar Diaz, a Police Captain with Newark, represented by John J. Chrystal, III, President, Superior Officers’ Association, requests enforcement of In the Matter of Omar Diaz (CSC, decided September 21, 2022).
ACTION: The Civil Service Commission directed that this request be denied.
B-18 FAWN MCGEE – DOCKET NO. 2023-254
Fawn McGee, represented by Kevin D. Jarvis, Esq., requests that her title, Manager 4 Environmental Protection, Technical/SCIE, revert to her prior title, Manager 3 Environmental Protection, Technical/SCIE.
ACTION: The Civil Service Commission directed that this request be denied.
B-19 TASHAYA PORTER – DOCKET NO. 2022-2512
Tashaya Porter, a Contract Administrator 2 with the Department of Labor and Workforce Development, requests a waiver of repayment of a salary overpayment pursuant to N.J.S.A. 11A:3-7, which provides that when an employee has erroneously received a salary overpayment, the Civil Service Commission may waive repayment based on a review of the case.
ACTION: The Civil Service Commission directed that this request be granted in part.
B-20 CHRISTIAN RAMIREZ – DOCKET NOS. 2023-569 AND 2023-791
The Division of Agency Services on behalf of Linden, requests that Christian Ramirez be assigned a retroactive appointment date to the Police Sergeant title. In addition, Christian Ramirez seeks his eligibility for the promotional examination for Police Lieutenant (PM4774D), Linden.
ACTION: The Civil Service Commission directed that these requests be granted.
B-21 CIVIL SERVICE COMMISSION MEETING DATES FOR 2023
The proposed 2023 Civil Service Commission meeting dates are submitted for approval.
ACTION: The Civil Service Commission adopted the 2023 Civil Service Commission meeting dates.
PUBLIC PORTION
No comments.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, December 7, 2022, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.