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Meeting Minutes of September 29, 1998
Janice Mitchell Mintz, Chairwoman Margaret E. L. Howard Judith L. Shaw Edward W. Verner, M.D.
A regular meeting of the Merit System Board was held on Tuesday, September 29, 1998 in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz; Merit System Board Members, Margaret E.L. Howard, Judith L. Shaw, and Edward W. Verner, M.D., Elizabeth Laufer, Deputy Attorney General; Henry Maurer, Director, Elizabeth A. Napolitano, Sybil Janowitch, and Charles Spano, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, Janice Mitchell Mintz, Chairwoman, Merit System Board, 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 1, 1997 and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified.
DISMISSAL OF APPEALS -FAILURE TO APPEAR
The Merit System Board dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:
Salvatore Fornarotto, County Correction Officer, Department of Public Safety, Atlantic County, suspension.
Janice L. Livingston, Human Services Assistant, Department of Human Services, New Lisbon Developmental Center, suspension.
Richard Packlaian, Senior Correction Officer, Department of Corrections, Central Medical/ Transportation, removal.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Richard Bubenas, Laborer, Department of Public Works, Town of Kearny, suspension.
Bruce Dech, Senior Correction Officer, Department of Corrections, Mountainview Youth Correctional Facility, fined.
Alexander Oriente, Jr., Police Lieutenant, Department of Public Safety, Town of West New York, removal.
Timothy Wyer, Juvenile Detention Officer, Department of Public Safety, Hudson County, removal.
SECTION A -HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of John Davis Sheriff of Monmouth County Suspension
In the Matter of Robert Gardiner Atlantic County Suspension & Removal
In the Matter of Barbara Morris Monmouth County Suspension
In the Matter of Robert Russo Mercer County Removal
In the Matter of Vernessia Young Essex County Public Safety Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES -SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements.
A-2 RAYMOND SCOTT FREESE
Raymond Scott Freese, Correction Sergeant, Mountainview Correctional Facility, Department of Corrections, 30 day suspension and release at end of working test period, on charges of reporting for duty while under the influence of intoxicating liquors or drugs and verbal abuse of an inmate, patient, client resident, or employee.
Recommendation of the Administrative Law Judge - Reverse suspension and uphold release at end of Working Test Period.
ACTION: The Merit System Board reversed the suspension and remanded the matter of the release at the end of the working test period to the Office of Administrative Law.
A-3 LINDA SKOTAREK
Linda Skotarek, Head Cottage Training Supervisor, Woodbine Developmental Center, Department of Human Services, suspension for 30 days, on charges of a serious mistake due to carelessness which would result in injury to persons.
Recommendation of the Administrative Law Judge - Modify the 30 day suspension to a 10 day suspension and reimbursement of back pay.
ACTION: The Merit System Board reversed the recommendation of the Administrative Law Judge and upheld the 30 day suspension.
A-4 ALLAN BILDER
Allan Bilder, Manager 2, Human Resources, Ancora Psychiatric Hospital, Department of Human Services, removal effective October 7, 1996, on charges of violation of a rule, regulation, policy, procedure, order or administrative decision.
Recommendation of the Administrative Law Judge - Modify the removal to a written reprimand.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a 90 day suspension.
A-5 YOLANDA FORBES
Yolanda Forbes, Hospital Charge Attendant, Buttonwood Hospital, County of Burlington, removal effective April 10, 1997, on charges of insubordination, conduct unbecoming a pubic employee and threatening a supervisor and family.
Recommendation of the Administrative Law Judge -Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-6 DONALD IVES
Donald Ives, Water Meter Reader, Department of Water and Sewer, Salem City, removal effective May 19, 1997, on charges of deficient and unsafe performance, damage to city property, violation of city drug policy, and falsification of facts to a supervisor.
Recommendation of the Administrative Law Judge -Modify the removal to a six month suspension and demotion to the position of Laborer.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge and upheld the 6 month suspension but reversed the demotion.
A-7 SHERRI JONES
Sherri Jones, Senior Food Service Handler, North Princeton Developmental Center, Department of Human Services, removal effective October 3, 1997, on charges of unreasonable excuses for lateness for more than 15 minutes.
Recommendation of the Administrative Law Judge -Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-8 WILLIAM LAZARO
William Lazaro, Laborer, Department of Public Works, Township of Lower, removal effective October 2, 1996, on charges of violation of an agreement made with management and the union on June 26, 1996, insubordination, and foul language.
Recommendation of the Administrative Law Judge -Acknowledge Settlement.
ACTION: The Merit System Board acknowledged the settlement.
A-9 LESTER PARAMORE
Lester Paramore, Human Services Technician, Ancora Psychiatric Hospital, Department of Human Services, removal effective June 25, 1997, on charges of physical abuse of a patient.
Recommendation of the Administrative Law Judge -Reverse the removal.
ACTION: The Merit System Board directed that this matter be held over.
A-10 MICHAEL QUINLAN
Michael Quinlan, Correction Officer, Sheriff's Office, Passaic County, removal effective February 23, 1996, on charges of failure to complete mandatory Police Training within the time period established by Statute.
Recommendation of the Administrative Law Judge -Uphold the removal.
ACTION: The Merit System Board directed that the appellant be referred to the Medical Examiner's Panel for independant review.
A-11 PAUL TAMBURELLI
Paul Tamburelli, County Police Lieutenant, County Police Department, Hudson County, removal effective September 13, 1996, on charges of conduct unbecoming a superior officer, insubordination, neglect of duty, inability to perform duties, based on the receipt of information alleging involvement with person/places of bad reputation, standard of conduct, obedience to laws and regulations and alcoholic beverages/drugs.
Recommendation of the Administrative Law Judge -Reverse the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-12 DARRELL REED
Darrell Reed, Senior Therapy Program Assistant, New Lisbon Developmental Center, Department of Human Services, removal effective May 14, 1997, on charges of neglect of duty and willful failure to devote attention to tasks which would not result in causing a danger to persons and violation of policy and procedure. The Merit System Board at its meeting of September 10, 1998 directed that this matter be held over for further review.
Recommendation of the Administrative Law Judge -Uphold the removal.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a 30 day suspension and directed that the appellant shall be reassigned to another supervisor.
A-13 THERESA HARRIS
Theresa Harris, Human Services Technician, Marlboro Psychiatric Hospital, Department of Human Services, removal effective March 11, 1993, on charges of conduct unbecoming a public employee. The Merit System Board at its meeting of August 4, 1998 directed that this matter be held over for preparation of a summary of testimony.
Recommendation of the Administrative Law Judge -Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
SECTION B - MISCELLANEOUS MATTERS
B-1 IVY FUSSELL
Ivy Fussell appeals her rejection as a County Correction Officer candidate by the County of Camden and its request to remove her name from the eligible list for County Correction Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-2 MICHAEL J. SALVO
Michael J. Salvo, represented by Vincent C. Scoca, Esq., appeals his rejection as a Police Officer candidate by the Township of Bloomfield and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be granted.
B-3 DANTE A. WILSON
Dante A. Wilson appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be granted.
B-4 MONYQUE C. GREEN
Monyque C. Green, represented by Brenda Coppola Cuba, Esq., appeals the request by Hillside Township to remove his name from the Police Officer, Hillside Township (M3379Y) eligible list for medical unfitness to effectively perform the duties of the position.
ACTION: The Merit System Board granted a hearing.
B-5 RASHID ABDUNAFI
Rashid Abdunafi, a Senior Correction Officer at the East Jersey State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-6 JEFFREY BOLF
Jeffrey Bolf, a Maintenance Worker 1, Transportation, with the Department of Transportation, represented by Lawrence A. Mintz, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-7 WILLARD BRECKON
Willard Breckon, a Senior Correction Officer at Mountainview Youth Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-8 MERCEDES COURSEY
Mercedes Coursey, a Human Services Assistant at the Woodbine Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-9 KHARIS JORDAN
Kharis Jordan, a Graduate Nurse, 12 Months, with the Woodbridge Developmental Center, formerly with the Marlboro Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-10 DEBRA KILLINGSWORTH-WELLS
Debra Killingsworth-Wells, a Pracitical Nurse with the Division of Mental Health and Hospitals, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-11 PETER MAHER
Peter Maher, a Construction and Maintenance Technician 3 with the Department of Transportation, represented by John W. Devlin, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-12 CYNTHIA MCDONOUGH
Cynthia McDonough, a Technical Assistant 3 with the Department of the Treasury, represented by Rae Roeder, President, CWA Local 1033, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-13 DORELEENA SAMMONS-POSEY
Doreleena Sammons-Posey, a Research Scientist 1 with the Department of Health and Senior Services, represented by Kim Jones, CWA Local 1034, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-14 TANISHA STRATTON
Tanisha Stratton, a Human Services Assistant with Vineland Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-15 LYNDON S. BROOKS
Lyndon S. Brooks appeals the decision of the Certification/Placement Services Unit which upheld the Department of Corrections' removal of the appellant's name from the Correction Officer Recruit (S9998B) eligible list due to an unsatisfactory driving record.
ACTION: The Merit System Board directed that this appeal be denied.
B-16 BENITO CARANDANG
Benito Carandang appeals the request of the Union County appointing authority to remove his name from the Income Maintenance Technician (C6290R), Union County eligible list based on a claimed inability to communicate effectively in English in order to perform the duties of the position.
ACTION: The Merit System Board granted a hearing.
B-17 MICHEL GIGANTE
Michel Gigante, represented by Diane L. Newman, Esq., appeals the decision of the Manager of Human Resource Information Systems which stated that the appellant had not been improperly bypassed by Deptford Township on the eligible list for Police Sergeant (PM4746P).
ACTION: The Merit System Board granted a hearing.
B-18 CONCHITA HOLLOMAN
Conchita Holloman appeals the decision of the Certification/Placement Services Unit which upheld the Department of Corrections' removal of the appellant's name from the Correction Officer Recruit (S9673P), (S9676P) and (S9677P) eligible lists.
ACTION: The Merit System Board directed that this appeal be denied.
B-19 MICHAEL IACONA
The City of Newark (City), represented by JoAnne Watson, First Assistant Corporation Counsel, is seeking the removal of Michael Iacona's name from the Fire Fighter (M9059S) extract of the certification dated January 10, 1996 that was issued to the City, based on an unsatisfactory driving record.
ACTION: The Merit System Board directed that this appeal be denied.
B-20 BRIAN KELLY
Brian Kelly appeals the decision of the Certification/Placement Services Unit which upheld the removal of his name from the eligible list for Police Officer (M3382X), Jersey City.
ACTION: The Merit System Board directed that this appeal be denied.
B-21 CHRISTOPHER LANUTTI
Christopher Lanutti, represented by Leonard S. Baker, Esq., appeals the request of the appointing authority to remove his name from County Correction Officer (C5432R), Camden County eligible list.
ACTION: The Merit System Board directed that this appeal be denied.
B-22 DONALD LEACH
Donald Leach appeals the decision of the Certification/Placement Services Unit which upheld his bypass on the list for County Correction Sergeant (PC0350T), Cumberland County .
ACTION: The Merit System Board directed that this appeal be denied.
B-23 KELCEY LINGO
Kelcey Lingo, represented by Lewis Hannah, Esq., appeals the decision of the Certification/Placement Services Unit which determined that the Department of Corrections had presented a sufficient basis to remove his name from the Correction Officer Recruit (S9998U) eligible list
ACTION: The Merit System Board directed that this appeal be denied.
B-24 ALEXANDER NEMETH, SR.
Alexander Nemeth, Sr., appeals the decision of the Supervisor, Selection Appeals Unit, which found that the appointing authority had presented a sufficient basis to remove his name from the Investigator, Consumer Protection (C1168T), Ocean County eligible list.
ACTION: The Merit System Board directed that this appeal be denied.
B-25 ARTHUR SNELLBAKER, JR.
Arthur Snellbaker, Jr., represented by Sidney H. Lehmann, Esq., appeals the decision of the Certification/Placement Services Unit which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (M4309S), Atlantic City.
ACTION: The Merit System Board directed that this appeal be denied.
B-26 GERALDINE VAUTERS
Geraldine Vauters appeals the decision of the Certification/Placement Services Unit which upheld the Department of Corrections' removal of the appellant's name from the Correction Officer Recruit (S9676P), (S9677P) and (S9678P) eligible lists.
ACTION: The Merit System Board directed that this appeal be denied.
B-27 CHARLES BLAKLEY
Charles Blakley, a Residential Services Worker with Woodbine Developmental Center, Department of Human Services, petitions the Merit System Board for reconsideration of the final administrative decision dismissing his appeal for failure to appear at a scheduled settlement conference.
ACTION: The Merit System Board denied the request for reconsideration.
B-28 GEORGE JACKSON
The appointing authority for the Department of Human Services, represented by James McKinney, Jr., Deputy Attorney General, requests reconsideration of the final administrative decision of the Merit System Board which modified the action of the appointing authority in removing George Jackson from his position as Residential Living Specialist (Mental Health), Greystone Park Psychiatric Hospital, to a six-month suspension.
ACTION: The Merit System Board denied the request for reconsideration.
B-29 POLICE LIEUTENANT (PM4730P), CITY OF PERTH AMBOY
Michael Kudrick, a Police Sergeant with the Perth Amboy Police Department, represented by David DeFillippo, Esq., requests reconsideration of the final administrative decision of the Commissioner of Personnel, rendered on May 27, 1998, which ordered that the eligible list for Police Lieutenant (PM4730P), City of Perth Amboy be revived to appoint Robert D.W. Joy.
ACTION: The Merit System Board directed that Mr. Kudrick be provided with a regular appointment as a Police Lieutenant.
B-30 JOSEPH DENARO
Joseph DeNaro, currently an Assistant Supervisor, Public Works with the Department of Public Works, Borough of Teaneck, appeals his reassignment to the Division of Parks and Trees.
ACTION: The Merit System Board granted a hearing.
B-31 CHARLES DIEHM
Charles Diehm, Senior Code Enforcement Officer, Township of Pennsauken, represented by Joseph Asbell, Esq., seeks enforcement of that part of the Merit System Board decision rendered on March 8, 1994, granting him back pay and benefits for the period of removal.
ACTION: The Merit System Board directed that this matter be held over.
B-32 ASSISTANT ASSIGNMENT CLERK (M5632T), CITY OF NEWARK
The appointing authority has requested reconsideration of the Merit System Board decision rendered on January 13, 1998, which assessed $250 in compliance processing costs regarding a certification for Assistant Assignment Clerk (M5632T), City of Newark.
ACTION: The Merit System Board denied the request for reconsideration.
B-33 FIELD REPRESENTATIVE DISEASE CONTROL (M4785S), CITY OF JERSEY CITY
The appointing authority requests permission not to make an appointment from the certification for Field Representative Disease Control (M4785S), City of Jersey City.
ACTION: The Merit System Board granted the request but did assess costs.
B-34 LICENSE INSPECTOR (M5193S), CITY OF JERSEY CITY
The appointing authority requests permission not to make an appointment from the certification for License Inspector (M5193S), City of Jersey City.
ACTION: The Merit System Board denied the request, revived the eligible list, and ordered the appointing authority make an appointment from the certification and pay compliance costs.
B-35 SUPERVISING ADMINISTRATIVE ANALYST (M6083O), CITY OF JERSEY CITY
The appointing authority's failure to properly dispose of the certification for Supervising Administrative Analyst while provisional appointees are serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing authority to remove the provisional appointee, make an appointment from the certification and pay compliance costs.
B-36 SUPERVISOR BUILDING SERVICE (C0140R & C0163O), PASSAIC COUNTY
The appointing authority's failure to properly dispose of the certification for Supervisor Building Service while provisional appointees are serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board denied the request, revived the eligible list, and ordered the appointing authority make an appointment from the certification and pay compliance costs.
B-37 ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST NADIA KOZAN V. OCEAN COUNTY BOARD OF SOCIAL SERVICES OAL DOCKET NOS. CRT 8250-95 AND CSV 728-95 (CONSOLIDATED) DCR DOCKET NO. EQ07HK-38475-H
Nadia Kozan appeals her removal, effective October 21, 1994, from her position of Income Maintenance Worker with the Ocean County Board of Social Services. The Administrative Law Judge issued his initial decision dismissing the appellant's appeal on April 14, 1997.
ACTION: The Merit System Board remanded this matter to the Office of Administrative Law.
B-38 BARRY ANDERSON
Barry Anderson, represented by Hetty Rosenstein, Executive Vice President of CWA Local 1037, appeals the decision of the Supervisor of Selection Services who found that appellant did not meet the requirements for the promotional examination for Senior Interviewer (Veterans Service) (PS2789N), Department of Labor.
ACTION: The Merit System Board directed that this appeal be denied.
B-39 ROBERT ATKENS
Robert Atkens appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Executive Assistant (PC0239W), Essex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-40 KATHLEEN BETSY, ET AL.
Kathleen Betsy, Jean Bialota, Gail Crucili, and Audrey Heffelfinger appeal the determinations of the Supervisor, Selection Appeals Unit which upheld the determinations by the Division of Selection Services that appellants did not meet the experience requirements for Customer Service Representative 3 (PS9935K), Department of Human Services, promotional examination.
ACTION: The Merit System Board directed that these appeals be denied.
B-41 ROGER BOMENBLIT
Roger Bomenblit 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 Senior Medical Security Officer (S0262O).
ACTION: The Merit System Board directed that this appeal be denied.
B-42 MONICA E. BOTURLA
Monica E. Boturla appeals the determination of the Division of Human Resource Management which found that she was ineligible for the promotional examination for Administrative Clerk (PM4181V), Lacey Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-43 JAMES BROWN
James Brown appeals the determination of the Division of Selection Services which found that he did not meet the educational and experience requirements for the promotional examination for Employment Counselor (PS4964N), Department of Labor.
ACTION: The Merit System Board directed that this appeal be denied.
B-44 RODNEY S. CAMERON
Rodney S. Cameron appeals the determination of the Division of Human Resource Management which found that he was ineligible for the promotional examination for Truck Driver Heavy (PM4319V), Perth Amboy.
ACTION: The Merit System Board directed that this appeal be denied.
B-45 RAISA CHANG-CUSMANO
Raisa Chang-Cusmano appeals the determination of the Division of Selection Services, which found that appellant did not meet the experience requirements for the promotional examination for Principal Clerk Typist (PM4389V), Jersey City School District.
ACTION: The Merit System Board directed that this appeal be denied.
B-46 JILL CORIN
Jill Corin appeals the determination of the Division of Selection Services which found that appellant failed to satisfy title scope eligibility requirements for the promotional examination for Principal Field Representative Housing (Housing Assistance Program) (PS5821D), Department of Community Affairs.
ACTION: The Merit System Board directed that this appeal be denied.
B-47 DOMINICK C. DICARA
Dominick C. DiCara appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Building Management Service Specialist 4 (PS5099N), Department of Labor.
ACTION: The Merit System Board directed that this appeal be denied.
B-48 MICHAEL E. FOOTE
Michael E. Foote appeals the determination of the Division of Human Resource Management which found that he was ineligible for the promotional examination for Supervisor Sanitation (PM4153V), Parsippany/Troy Hills.
ACTION: The Merit System Board directed that this appeal be denied.
B-49 BEVERLY FOWLER
Beverly Fowler appeals the determination of the Division of Selection Services which found her ineligible for the promotional examination for Principal Clerk Stenographer (PS3311I), Bayside State Prison.
ACTION: The Merit System Board directed that this appeal be denied.
B-50 ROBERT D. FREID
Robert D. Freid appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for County Correction Sergeant/Locksmith (PC2079V), Hudson County.
ACTION: The Merit System Board directed that this appeal be granted.
B-51 ANNIE G. HENRY AND AUGUSTINUS F. MARAKOWITZ
Annie G. Henry and Augustinus F. Marakowitz appeal the determination of the Division of Selection Services, which found that they did not meet the education and /or experience requirements for the open competitive examination for Claims Adjudicator, Disability Determinations (S0271O).
ACTION: The Merit System Board directed that this matter be held over.
B-52 BRIAN S. HINKEL
Brian S. Hinkel appeals the determination of the Division of Human Resource Management which found that he was ineligible for the promotional examination for Truck Driver Single Axle (PS4852K), Human Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-53 GARY HIRSCH, ET AL.
Gary Hirsch and John Smack, a State Labor Representative with the Probation Association of New Jersey (P.A.N.J.) appeal the validity of the examination for Senior Probation Officer (PS3220M), Monmouth County Vicinage.
ACTION: The Merit System Board directed that these appeals be denied.
B-54 SUZANNE LOVETT
Suzanne Lovett appeals the determination of the Division of Selection Services that she did not meet the experience requirement for the promotional examination for Technical Assistant 2 Treasury (PS6033U).
ACTION: The Merit System Board directed that this appeal be denied.
B-55 VICTORIA MAKRANSKY
Victoria Makransky appeals the determination of the Supervisor Selection Appeals Unit which found that she did not meet the experience requirements for Coordinator, Division of Motor Vehicles (PS2460P), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-56 ANDREW MALAKAS
Andrew Malakas appeals the decision 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 (PC4155V), Bergen County Prosecutor's Office.
ACTION: The Merit System Board directed that this appeal be denied.
B-57 CLARENCE L. MARSHALL
Clarence L. Marshall appeals the determination of the Division of Human Resource Management which found that he was ineligible for the promotional examination for Assistant Engineer in Charge of Maintenance 1 (PS5280K), Human Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-58 SUSAN MEYERS
Susan Meyers appeals the determination of the Division of Selection Services which found that appellant did not meet the education and experience requirements for the promotional examination for Counselor, Victim Witness Program (PC4505V), Mercer County.
ACTION: The Merit System Board directed that this appeal be denied.
B-59 CRAIG MILLER
Craig Miller 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 Investigator County Welfare Agency (C1528T), Passaic County.
ACTION: The Merit System Board directed that this appeal be denied.
B-60 RUSSELL J. TAORMINA
Russell J. Taormina appeals the determination of the Division of Human Resource Management which found that he was ineligible for the promotional examinations for General Supervisor Recreation Maintenance (PM1965V), and Supervisor Public Works (PM2042V), Kearny.
ACTION: The Merit System Board directed that this appeal be denied.
B-61 RUTH RODRIGUEZ
Ruth Rodriguez appeals the decisions of the Division of Selection Services which found that she did not meet the unit scope requirements for the promotional examinations for Employment Counselor (PS4964N), and Employment Counselor (Bilingual in Spanish and English) (PS5112N), Department of Labor.
ACTION: The Merit System Board directed that this appeal be denied.
B-62 JOHN ROMAN
John Roman appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Administrative Analyst 1 (PS5191T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-63 RAJUMON THOMAS
Rajumon Thomas, represented by Vikki U. Marshall-Thurston, Staff Representative, CWA, Local 1037, appeals the determination of the Division of Selection Services, which found that he did not meet the requirements for a provisional appointment to the title of Paralegal Technician 2, Department of Law and Public Safety.
ACTION: The Merit System Board directed that this appeal be denied.
B-64 ROSEMARY TUTHILL
Rosemary Tuthill appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Technical Assistant 1 Treasury (PS5416U), Department of Treasury.
ACTION: The Merit System Board directed that this appeal be granted.
B-65 WILLIAM B. UNDERWOOD
William B. Underwood, represented by Brian O. Lipman, Esq., requests a stay of examination and appeals the title scope of eligibility Police Chief (PM0743W), Deptford Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-66 JOHN VANLOAN
John VanLoan appeals the determination of the Division of Selection Services which found that he did not meet the education and experience requirements for the promotional examination for Operations Analyst, Juvenile Justice (PS5779P), Juvenile Justice Commission.
ACTION: The Merit System Board directed that this appeal be granted.
B-67 ROLANDO VILLAMATER
Rolando Villamater appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for Supervising Clerk (PM4597V), Jersey City School District.
ACTION: The Merit System Board directed that this appeal be denied.
B-68 MICHELE WILLIAMS
Michele Williams appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Social Worker 2 (PS5118P), Juvenile Justice Commission.
ACTION: The Merit System Board directed that this appeal be denied.
B-69 HERIBERTO CARATTINI
Heriberto Carattini appeals the determination of his score on the examination for Police Lieutenant (PM3188S), Jersey City.
ACTION: The Merit System Board directed that this appeal be denied.
B-70 DAVID GIALLELLA
David Giallella appeals his score on the open-competitive examination for Accountant 3 (S6009O).
ACTION: The Merit System Board directed that this appeal be denied.
B-71 JOSEPH PERRY
Joseph Perry appeals his score on the examination for Security Guard (M0651U), Jersey City.
ACTION: The Merit System Board directed that this appeal be denied.
B-72 GIOVANI PRINCIPATO
Giovani Principato petitions the Merit System Board for reconsideration of the decision rendered on March 10, 1998 which denied his appeal regarding his score on the promotional examination for Fire Captain (PM0942U), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-73 BONNY RYDER
Bonny Ryder appeals the decision of the Division of Selection Services concerning the correct answer to a specific question on the promotional examination for Senior Vocational Rehabilitation Counselor (PS3027K), Commission for the Blind and Visually Impaired.
ACTION: The Merit System Board directed that this appeal be denied.
B-74 ANDREA SOPKO
Andrea Sopko appeals the decision of the Supervisor, Selection Appeals Unit, regarding her score for the promotional examination for Technician 1 Commercial Recording (PS2126S), Department of State.
ACTION: The Merit System Board directed that this appeal be denied.
B-75 VALERIE WOODS
Valerie Woods appeals the decision of the Division of Selection Services concerning her score on the examination for Technical Program Assistant (PS4906R), Board of Public Utilities.
ACTION: The Merit System Board directed that this appeal be denied.
B-76 DELORES SANTESSE
Delores Santesse appeals the validity of the examination for Assistant Violations Clerk Typing (M0048O), Ocean City.
ACTION: The Merit System Board directed that this appeal be denied.
B-77 ANNE TORRENTO
Anne Torrento appeals the validity of and examination review procedure for the examination for Principal Account Clerk (M7095O), Ringwood.
ACTION: The Merit System Board directed that this appeal be denied.
B-78 ROBIN BUIE, ET AL.
Robin Buie, Cora Johnson, Lamont McLaurin, Monique Powell, Artemus Smith, Beverly Washington, Paula Wingo and Roslyn Wingo appeal the administration of the examination for Security Guard (M0497O), Newark.
ACTION: The Merit System Board directed that these appeals be denied.
B-79 PATRICIA MARTIN
Patricia Martin appeals the decision of the Division of Selection Services concerning the Clerical examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-80 GRACE YANG
Grace Yang requests that she be allowed to take a make-up examination for Forensic Scientist (S0110O), due to late arrival at the test site and feeling ill.
ACTION: The Merit System Board directed that this appeal be denied.
B-81 HARRY BAKER
Harry Baker appeals the decision of the Division of Human Resource Management, which found that his layoff rights were properly determined and applied.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE Janice Mitchell Mintz (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Edward W. Verner, M.D. (Yes)
B-82 LUCY ALONSO
Lucy Alonso petitions the Merit System Board for reconsideration of its decision rendered on February 10, 1998 in which it was determined that appellant's layoff rights were correctly determined.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE Janice Mitchell Mintz (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Edward W. Verner, M.D. (Yes)
B-83 JOHN LAVOOK, JR.
John Lavook, Jr. requests reconsideration of the Merit System Board decision regarding his score on the examination for Police Captain, Newark (PM4011R). ACTION: The Merit System Board directed that this appeal be denied.
B-84 DANIEL LIVELY
Daniel Lively appeals the decision of the Director, Human Resource Management, which denied a retroactive permanent appointment date for appellant to the title of Police Captain, Rockaway Township.
ACTION The Merit System Board directed that this appeal be denied.
B-85 CYDNY BELZ, ET AL.
Cydny S. Belz, David M. Harris and Anita Verghese appeal the determinations of the Division of Selection Services, which found that they did not meet the education and experience requirements for the open competitive examination for Environmental Specialist (S60390), Department of Environmental Protection.
ACTION: The Merit System Board directed that this appeal be denied.
B-86 SUSAN JOHNSON
Susan L. Johnson appeals the determination of the Division of Human Resource Management which found that she was ineligible for the examination for Supervisor of Senior Citizens Activities (PM4008V), Camden City.
ACTION: The Merit System Board directed that this appeal be granted.
B-87 JUDY S. MARIS
Judy S. Maris appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for the promotional examination for Building Management Services Specialist 1 (PS3589G), Department of Environmental Protection (DEP).
ACTION: The Merit System Board directed that this appeal be denied.
B-88 RALPH A. ROBERTS
Ralph A. Roberts appeals the denial of his eligibility for admittance to the examination for Fire Prevention Specialist U.F.D., (PM3148V), Camden City.
ACTION: The Merit System Board directed that this appeal be denied.
B-89 ALFRED OLIVER
The appointing authority for the Department of Human Services petitions the Merit System Board to reconsider the decision to grant a hearing to Alfred Lee Oliver, Jr., a Human Services Technician, Trenton Psychiatric Hospital, Department of Human Services, in regard to his six-month suspension.
ACTION: The Merit System Board granted the request for reconsideration.
B-90 PROPOSED AMENDMENTS OF N.J.A.C. 4A:4-3.9 AND 3.10
It is recommended that the proposed amendments to N.J.A.C. 4A:4-3.9 and 3.10, Rice Bill, be adopted as proposed.
ACTION: The Merit System Board adopted the rule as proposed.
B-91 PROPOSED AMENDMENTS OF N.J.A.C. 4A:5-1.1 AND 1.2
It is recommended that the proposed amendments to N.J.A.C. 4A:5-1.1 and 1.2, Veterans and Disabled Veterans Preference, be approved for publication.
ACTION: The Merit System Board appproved the rule for publication in the New Jersey Register.
B-92 PROPOSED AMENDMENTS OF N.J.A.C. 4A:2-2.8 AND NEW RU2-2.8 AND NEW RULE
It is recommended that the proposed amendments to N.J.A.C. 4A: 2-2.8, Appeals, Discipline and Separations, be adopted as proposed with exceptions as explained.
ACTION: The Merit System Board adopted the rule as proposed with technical changes. B-93 MINUTES
The Merit System Board Minutes for the meeting of September 10, 1998 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of September 10, 1998.
B-94 SHAMIKA MCKINNON
Shamika McKinnon appeals the request by the City of Newark to remove her name from the Police Officer (M3394Y) eligible list for medical unfitness to effectively perform the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-95 INSURANCE ANALYST 3 (RATING) AND INSURANCE ANALYST 4 (RATING)
The Director, Human Resource Management, Department of Personnel requests that the titles of Insurance analyst 3 (Rating) and Insurance Analyst 4 (Rating) be allocated to the noncompetitive division of the carer service on an interim basis.
ACTION: The Merit System Board granted the request.
B-96 LAWRENCE MURPHY
Lawrence Murphy, a Ranger with the Division of Parks and Forestry, Department of Environmental Protection, represented by D. William Subin, Esq., seeks a stay pending the outcome of his appeal before the Merit System Board in regard to his suspension on charges.
ACTION: The Merit System Board denied the request for a stay.
B-97 RUBIN TORRES
Rubin Torres, a Police Officer with the City of Newark Police Department, represented by A.J. Fusco, Jr., Esq., seeks a stay pending the outcome of his appeal before the Merit System Board in regard to his six-month suspension on charges.
ACTION: The Merit System Board denied the request for a stay.
B-98 ROBERT WARE
The City of Trenton and Robert Ware seek acknowledgment of a settlement agreement restoring Mr. Ware's name to the eligible list for Fire Fighter (M9045N), City of Trenton.
ACTION: The Merit System Board acknowledged the settlement as clarified and revived the eligible list for Fire Fighter to allow appointment of Mr. Ware.
B-99 PATRICIA BLINN
Patricia Blinn, Executive Assistant 1, Department of Personnel, petitions the Merit System Board for reconsideration of the final administrative decision rendered on March 24, 1998, which granted her request to record her seniority as continuous from June 21, 1965 for purposes of future appointments and layoffs, and denied her challenge to the determination of the Division of Human Resource Management which found that the seniority of Jeffrey Bodholt and Leslie Summiel was properly recorded.
ACTION: The Merit System Board denied the request for reconsideration.
VOTE Janice Mitchell Mintz (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Edward W. Verner, M.D. (Yes)
B-100 PATRICK RUSSO
Patrick Russo, represented by Sanford R. Oxfeld, Esq., is seeking a regular appointment to the title of Equipment Operator, Hudson County, and a retroactive date of appointment with back pay and benefits from a 1993 certification, pursuant to the final administrative decision of the Merit System Board, issued on April 22, 1998, enforcing its prior decision in this matter, rendered on June 13, 1995.
ACTION: The Merit System Board granted the request in part.
B-101 THOMAS HASCUP
Thomas Hascup, a County Correction Officer with the Passaic County Sheriff's Department, represented by Joseph Licata, Esq., requests reinstatement to his position and back pay, seniority and benefits from the date of his separation from employment. He also requests a hearing in regard to a five- day suspension on charges.
ACTION: The Merit System Board granted the requests.
B-102 ELEONORA KATS
Eleonora Kats appeals the determination of the Division of Selection Services, which found that she did not meet the educational requirements for the open competitive examinations for Assistant Environmental Engineer (S6038O) and Assistant Environmental Engineer, Air Pollution Control (S6040O).
ACTION: The Merit System Board directed that this appeal be granted.
B-103 JULIE NOLAN
Julie Nolan appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Supervising Clerk (PC3742V), Hudson County Sheriff's Office.
ACTION: The Merit System Board directed that this appeal be granted.
B-104 MARTA STOTT
The Director of Public Safety, City of Atlantic City, requests administrative relief in order to implement and record the terms of an addendum to a settlement agreement between Atlantic City and Marta Stott, who is presently a permanent Police Officer.
ACTION: The Merit System Board directed that this appeal be granted.
B-105 ROBERT F. O'NEILL
Robert F. O'Neill requests reconsideration of the decision regarding his score on the examination for Fire Captain, (PM1191T) Teaneck.
ACTION: The Merit System Board directed that this appeal be denied.
B-106 SOPHIA MIN
Sophia Min, Personnel and Labor Analyst 3, Department of Personnel, appeals minor discipline of an official written reprimand and a two day suspension. ACTION: The Merit System Board directed that this appeal be denied.
VOTE Janice Mitchell Mintz (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Edward W. Verner, M.D. (Yes)
B-107 EARLY SETTLEMENTS
Cynthia Appleton Administrative Office of the Courts Hudson Vicinage Release at the end of working test period
*James Beck Department of Transportation 7 days suspension
Aligya David Administrative Office of the Courts Middlesex Vicinage Release at the end of working test period
Janet Dixon New Jersey Department of Labor 10 days suspension
Annie Harris-Campbell Division of State Police Department of Law and Public Safety Release at the end of the working test period
Judy Knehr Department of Treasury Resignation not in good standing
Patricia Marrow North Princeton Developmental Center Department of Human Services Removal
Patricia Scheiderman Administrative Office of the Courts Ocean Vicinage 6 days suspension
Louis Smith New Lisbon Developmental Center Department of Human Services Removal
Vanessa St. Julian Forensic Psychiatric Hospital Department of Human Services Removal
ACTION: The Merit System Board acknowledged the settlements. *The following vote pertains to the James Beck settlement.
VOTE Janice Mitchell Mintz (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Abstained) Edward W. Verner, M.D. (Yes)
There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, October 14, 1998 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
______________________________ JANICE MITCHELL MINTZ CHAIRWOMAN MERIT SYSTEM BOARD |
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© State of New Jersey Civil Service Commission |
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