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Meeting Minutes of December 22, 1998
Janice Mitchell Mintz, Chairwoman
Margaret E. L. Howard
Judith L. Shaw
Julius J. Mastro
A regular meeting of the Merit System Board was held on
Tuesday, December 22, 1998 in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz; Merit System
Board Members, Margaret E.L. Howard, Judith L. Shaw, and Julius
J. Mastro, Andrea Grundfest, Deputy Attorney General; Department
of Personnel staff, Louis Schiendlin, Depty Commissioner and
Janet Share Zatz, Chief of Staff; 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 other actions were by unanimous vote unless otherwise
specified.
State
The Merit System Board approved the recommended changes in the
State Classification Plan, copies of which are attached hereto
and made a part hereof.
DATE: December 8, 1998
TO: Janice Mitchell Mintz
Commissioner
Henry Maurer, Director
Merit System Practices and Labor Relations
FROM: Marjorie Schwartz, Director
Human Resource Management
SUBJECT: Change in the State Classification Plan
DEPARTMENT OF PERSONNEL
The Department of Personnel is requesting that the following job
functions be reallocated to the Senior Executive Service.
Your approval of the reallocation for the following position
numbers from the career service to the Senior Executive Service
is recommended. A review of the assigned job functions has been
conducted and the positions meet the standards established for
inclusion in the Senior Executive Service.
Reallocation of Service
Effective October 10, 1998
FROM: Position #: 071372, Manager 2, Information
Processing (M34-64777)
651066, Manager 2, Human Resources
(M32-56862)
054446, Manager 2, Personnel
(M34-56885)
068472, Manager 1, Personnel (M32-56883)
051682, Chief Counselor, EAS (Y30-63635)
TO: Position #: 071372, Senior Executive Service
(M98-90752)
651066, Senior Executive Service (M98-90752)
054446, Senior Executive Service (M98-90752)
068472, Senior Executive Service (M98-90752)
051682, Senior Executive Service (M98-90752)
Position # 071372 -This position serves as the Director of the
Division of Selection Services. The incumbent in this position
is responsible for planning, designing, and implementing a
comprehensive program for the selection and certification of
individuals in the career service throughout New Jersey's merit
system. This Division tests approximately 100,000 candidates
annually for positions in both State and local governments. The
Director will oversee the development and/or procurement of tests
for both public safety and non-public safety areas; and be
involved in ensuring compliance with all appropriate consent
decrees and other external regulatory bodies.
Position # 651066 -This position serves as the Director of the
Division of Employee Services. The incumbent in this position is
responsible for providing coordination among and direction to the
Statewide performance management program; State awards program;
the intergovernmental services and outplacement programs; and the
health management services function.
Position # 054446 -This position serves as the Director of the
Office of Performance Management Systems. This Office is
responsible for the design and implementation of the State's
performance management systems; ensuring compliance with the
performance systems throughout State government; conducting
ongoing auditing of the systems in place; arranging for and
delivering training to support performance appraisal systems; and
ongoing refinement to the performance management system. This
Office may also assist local jurisdictions in the merit system
with the implementation of performance appraisal systems
applicable to their jurisdictions. The position also oversees
the State's Awards Program and designs and recommends other
programs to support increased employee performance.
Position # 068472 -This position serves as the Assistant Director
for Test Administration and Support in the Division of Selection
Services. The incumbent in this position is responsible for
overseeing the management of all actual testing, including the
announcement and application processing of over 100,000
candidates annually in over 5,000 actual administrations.
Additionally, the incumbent is responsible for management of all
contract services for test administration; the design and
implementation of alternate methods of test administration, i.e.,
via the Internet and other methods; as well as management of the
Department Information Center and test review function, which
serves over 30,000 candidates annually.
Position # 051682 -This position serves as the Director of the
Office of Health Management Services. The incumbent in this
position is responsible for overseeing the State's Employee
Advisory Service; developing adjunctive EAS services, on a
fee-for-service basis for State and local agencies; management of
the Sick Leave Injury (SLI) program; development of programs and
services to minimize SLI and throughout State government;
development and implement other programs designed to improve the
physical and mental well-being of public employees: and the
development and management of a Crisis Intervention Hotline for
law enforcement personnel.
VOTEJanice Mitchell Mintz (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Julius J. Mastro (Yes)
DATE: November 16, 1998
TO: Janice Mitchell Mintz,
Commissioner
Henry Maurer, Director
Merit System Practices and Labor Relations
FROM: Marjorie Schwartz, Director
Human Resource Management
SUBJECT: Change in the State Classification Plan
DEPARTMENT OF THE TREASURY
The Department of Treasury is requesting that the following job
functions be reallocated to the Senior Executive Services.
Your approval of the reallocation for the following position
numbers from the career service to the Senior Executive Service
is recommended. A review of the assigned job function has been
conducted and the positions meet the standards established for
inclusion in the Senior Executive Service.
Reallocation of Service
Effective date: February 14, 1998
From: Position: #055537, Executive Staff Associate (X98-59790)
#069466, Superintendent Taxation
(M36-50958)
#006958, Chief Audit Activity
Treasury (M33-50827)
#006493, Legislative Liaison
(X98-99981)
#006401, Chief Audit Activity
Treasury (M33-50827)
TO: #055537, Senior Executive Service
(M98-90752)
#069466, Senior Executive Service
(M98-90752)
#006958, Senior Executive Service
(M98-90752)
#006493, Senior Executive Service
(M98-90752)
#006401, Senior Executive Service
(M98-90752)
Position #055537-This position serves as the Chief, Office of
Criminal Investigation, directs the activities of the Division's
Office of Criminal Investigation.This Office is responsible for
the
detection, investigation and recommendation of cases for criminal
prosecution in reference to violations of the New Jersey Tax Code
and also responsible for the Division's internal investigations
involving employee integrity matters both criminal and
administrative. This position also provides background checks of
all employees and reviews, revises and implements division
policies on ethics,
Page # 2
November 16,1998
Janice Mitchell Mintz, Commissioner
confidentiality and related legal matters. This position reports
directly to the Director of the Division of Taxation.
Position #069466-This position serves as the Assistant Director,
Field Audits, directs the activities of the Division's Field
Audit activities. This Office is comprised of four branches: Cash
Audits, Out of State Audits, Audit Services and Field Audits.
This office is responsible for the planning, organizing, leading
and setting of objectives for the operation of the Division's
Field Audit Activity. This position reports to the Deputy
Director, Division of Taxation and receives general supervision.
Position #006958-This position serves as the Assistant Director,
Office Audits, directs the activities of the Division's Office
Audit activities. This Office is comprised of three branches:
Gross Income Tax , Office Audit and the Inheritance & Estate Tax
. This office is responsible for the planning, organizing,
leading and setting of objectives for the operation of the
Division's Office Audit Activity. This position reports to the
Deputy Director, Division of Taxation and receives general
supervision.
Position #006493-This position serves as the Assistant Director,
Technical Services, directs the activities of the Division's
Technical Services activities. This Office is comprised of three
branches: Tax Services, Taxpayer Services, and the Conferences
and Appeals. This office is responsible for the planning,
organizing, leading and setting of objectives for the operation
of the Division's Technical Services activities. This position
reports to the Deputy Director, Division of Taxation and receives
general supervision.
Position #006401-This position serves as the Assistant Director,
Compliance, directs the activities of the Division's Compliance
activities. This Office is comprised of four branches:
Investigations, Office Collection, Special Procedures and
Taxpayer Accounting. This office is responsible for the planning,
organizing leading and setting of objectives for the operation of
the Division's Compliance activities. This position reports to
the Deputy Director, Division of Taxation and receives general
supervision.
A review of the proposed job functions has been conducted. They
meet the standards
established for inclusion in the Senior Executive Service. Based
on this review, I am
recommending that this nomination be endorsed.
HDD/MS/hdd
DATE: December 22, 1998
TO: Janice Mitchell Mintz,
Commissioner
Henry Maurer, Director
Merit System Practice and Labor Relations
FROM: Marjorie Schwartz, Director
Human Resource Management
SUBJECT:Change in State Classification Plan
DEPARTMENT OF HUMAN SERVICES
The Department of Human Services, Division of Youth and Family
Services, has requested that Position #056569 be reallocated from
the Career Service to the Senior Executive Service.
Position #056569 is responsible for overseeing human resource
operations for over 3,000 employees of the Division of Youth and
Family Services (DYFS). This is a leadership position in the
Division human resource system, consisting of management of a
centralized personnel organization with regional and local office
sites throughout New Jersey. Included in this responsibility is
managing and directing all personnel services and operations,
employee relations, payroll functions, and benefits services for
the Division, while ensuring recruitment, selection, and
retention. This position will become part of the DYFS executive
management staff involved in policy, planning, and budgetary
decisions impacting all operations of the Division.
Considering the need of the Division and the Department for
highly qualified managers with vision, authority, and expertise
to develop and maintain essential human resource operations and
services having widespread effect on DYFS operations and
services, establishment of Position #056569 in the Senior
Executive Service will enable the Division to attract and retain
highly qualified individuals to perform these duties.
Having reviewed the proposed classification, we find that the
standards for including Position #056569 in the Senior Executive
Service have been met, and approval of this request is
recommended.
REALLOCATION OF SERVICE:
Effective: 12/4/98
Position #056569
From:
Career Service (M29) (60926) Supervisor of Policy
Development Workweek: NL12
To:
Senior Executive Service (M98) (90752) Workweek: NL12
MAS/EMV/DTF
DATE: December 22, 1998
TO: Janice Mitchell Mintz,
Commissioner
Henry Maurer, Director
Merit System Practice and Labor Relations
FROM: Marjorie Schwartz, Director
Human Resource Management
SUBJECT:Change in State Classification Plan
DEPARTMENT OF HUMAN SERVICES
The Department of Human Services, Division of Youth and Family
Services, has requested that Position #056558 be reallocated from
the Career Service to the Senior Executive Service.
Position #056558 is responsible for overseeing the information
technology and telecommunications services for over 3,000
employees of the Division of Youth and Family Services (DYFS).
Included in this responsibility is managing the development of
computer systems and support, as well as telecommunications
services. This is a leadership position in the area of
information technology, providing the infrastructure underlying
all major operations for the Division and ensuring the
establishment and maintenance of compatible computer systems
throughout the Department of Human Services.
Considering the need of the Division and the Department for
highly qualified managers with vision, authority, and expertise
to develop and maintain essential computer systems and
telecommunications services at a level affecting policy,
planning, and budgetary issues for the Division, establishment of
Position #056558 in the Senior Executive Service will enable the
Division to attract and retain highly qualified individuals to
perform these duties.
Having reviewed the proposed classification, we find that the
standards for including Position #056558 in the Senior Executive
Service have been met, and approval of this request is
recommended.
REALLOCATION OF SERVICE:
Effective: 12/4/98
Position #056558
From:
Career Service (M34) (64777) Manager 2, Information
Processsing Workweek: NL12
To:
Senior Executive Service (M98) (90752) Workweek: NL12
MAS/EMV/DTF
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing
calendar:
David Kelley, Jr., Police Officer, Police Department, City of
Camden, Fine $3,841.60.
Jose Laracuente, County Correction Officer, Jail Annex, Essex
County, removal
Beverly Matthews, Laborer, Department of Public Works, Lower
Township, removal.
Chidi Nwigwe, Senior Correction Officer, Department of
Corrections, New Jersey Training School for Boys, suspension.
Pamela Roscoe, Human Services Assistant, Department of Human
Services, Vineland Developmental Center, removal.
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:
James Bauer, Senior Tree Climber, Department of Transportation
and Infrastructure, Mercer County, Removal.
Donald Salters, County Correction Officer, Department of
Corrections, Hudson County, Suspension.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Gary Allen
Department of Environmental Protection
Suspension, Demotion & Resignation Not in Good Standing
In the Matter of Iris Allison
Newark Housing Authority
Removal
In the Matter of Kathleen Banfield
Bergen County Sheriff's Department
Removal
In the Matter of Lawrence Beger
Mountainview Youth Correctional Facility
Department of Corrections
Removal
In the Matter of Jacoba Bouier
City of Paterson
Removal
In the Matter of Theresa Graney
Ocean County Board of Social Services
Removal
In the Matter of Samuel Green
County of Burlington - County Jail
Removal
In the Matter of Ronald Greenbaum
Township of Berkeley
Bypass of Name on 3 Certification Lists
In the Matter of Camilla Johnson
Middlesex County
Removal
In the Matter of Kirk Johnson
Woodbine Developmental Center
Department of Human Services
Removal
In the Matter of Peter Lanish
City of Burlington
Suspension
In the Matter of Frank Livoti, James Brown and William Colon
City of Garfield
Layoff
Lucille Valenti
Borough of Magnolia
Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES
- SETTLEMENT
ACTION: The Merit System Board acknowledged the
settlements with the exception of Camilla Johnson,
which was held over.
A-2 WILLIAM AZZARRA, JR.
William Azzarra, Jr., General Supervisor of Roads, Division
of Public Works - Camden County, removal effective February
3, 1997, on charges of conduct unbecoming a Public employee,
neglect of duty, and misuse of public property.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION The Merit System Board modified the removal to a 6-
month suspension.
A-3 RUBEN MORALES
Ruben Morales, Public Works Repairer, Department of Public
Works, Borough of Lakehurst, removal effective December 2,
1996, on charges of inability to perform duties.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-4 RUBIN REESE
Rubin Reese, Building Maintenance Worker, Department of
Public Buildings and Grounds, removal effective September
10, 1997, on charges of insubordination, conduct unbecoming
a public employee, negligent failure to comply with
corrective actions and chronic or excessive absenteeism or
lateness.
Recommendation of the Administrative Law Judge - Modify the
removal to a four month suspension.
ACTION: The Merit System Board modified the removal to a
30-day suspension.
A-5 ANDRES VIVES RIVERA - MOTION FOR SUMMARY JUDGMENT
Andres Vives Rivera, Residential Services Worker, Woodbine
Developmental Center, Department of Human Services, removal
effective January 22, 1998, on charges of falsification;
misstatement of material fact in connection with an
employment application.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board directed that this matter
be held over.
A-6 SELVIN WHITE
Selvin White, Garage Attendant, Department of Sewer
Utilities, City of Newark, removal effective July 15, 1996,
on charges of neglect of duty and failure to perform duties.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-7 DONALD BENSON
Donald Benson, Senior Correction Officer, Albert C. Wagner
Youth Correctional Facility, suspension for 30 days, on
charges of sleeping while on duty, neglect of duty, loafing,
idleness or willful failure to devote attention to tasks
which would result in danger to persons or property.
Recommendation of the Administrative Law Judge - Uphold the
suspension.
ACTION: The Merit System Board modified the 30-day
suspension to a 15 day suspension.
A-8 ROGER FRED DORST
Appeal of Roger Fred Dorst for removal of his name for
Claims Adjustor 3, Disability Determinations (S1285R) from
the eligibility list.
Recommendation of the Administrative Law Judge - Uphold the
removal of the appellant's name from the eligibility list.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-9 THOMAS HASCUP - SUMMARY JUDGMENT MOTION
Thomas Hascup, Correction Officer, Sheriff's Department -
County of Passaic, suspension for 120 days beginning
November 20, 1997 and ending May 16, 1998, on charges of
conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Appellant's
motion for summary judgment denied, and plenary hearing to
be held January 13, 1999, to determine multiple issues of
material fact in dispute.
ACTION: The Merit System Board determined that this matter
was not ripe for consideration by the Board at
this time.
A-10 DARRON JONES
Darron Jones, Police Sergeant, City of Elizabeth, 1)
suspension for 60 days, beginning December 17, 1996 and
ending February 14, 1997, and 2) demotion to position of
Police Officer effective December 17, 1996, on charges of
police image, neglect of duty, improper performance of duty
and soliciting gifts, rewards.
Recommendation of the Administrative Law Judge - Uphold the
suspension and reverse the demotion.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-11 TYRONE MEYERS
Tyrone Meyers, Water Repairer (DAP) Laborer (RAN),
Department of Public Works - City of Trenton, fine of
$1,996.38 to be paid in installments of $158.27 until
completed, on charges of misuse of public property including
a motor vehicle.
Recommendation of the Administrative Law Judge - Uphold the
fine.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-12 DIANE MURPHY
Diane Murphy, Supervisor of Legal Secretarial Services,
Department of Law and Public Safety, Division of Criminal
Justice, removal effective February 25, 1997, on charges of
conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Modify
removal to a five day suspension and reinstatement to
position with back pay and benefits.
ACTION: The Merit System Board directed that this matter
be held over.
A-13 LINDA SIBILIA
Linda Sibilia, Head Nurse, New Jersey Veterans Memorial
Home, Department of Military and Veterans Affairs, removal
effective June 10, 1996, on charges of mistreatment of a
patient, client, resident or employee, and intentional abuse
or misuse of authority or position. The Merit System Board
at its meeting of October 27, 1998 directed that this matter
be held over for more information concerning the hearing
record.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board directed that this matter
be held over.
SECTION - MISCELLANEOUS MATTERS
B-1 DANIEL J. LIQUORI
Daniel J. Liquori, represented by Paul W. Bergrin, Esq.,
appeals his rejection as a County Correction Officer
candidate by the County of Union and its request to remove
his 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 SEAN MURPHY
Sean Murphy appeals his rejection as a Police Officer by the
City of Newark 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 denied.
B-3 DEREK SPENCER
Derek Spencer, represented by Carl H. Hadigian, Esq.,
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 denied.
B-4 DANIEL VERDUN
Daniel Verdun 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 denied.
B-5 DEBORAH COUNSELLOR
Deborah Counsellor, a Senior Clerk Typist at Rowan
University, appeals the denial of sick leave injury (SLI)
benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-6 WILLIAM MCLAUGHLIN
William McLaughlin, a Senior Correction Officer at Bayside
State Prison, Department of Corrections, represented by
Robert A. Fagella, Esq., appeals the denial of sick leave
injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-7 ROBERT A. PUGLIESE
Robert A. Pugliese, a Senior Correction Officer with the
Albert C. Wagner 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 GLEN SPADY
Glen Spady, a Senior Medical Security Officer at Forensic
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-9 LENNOX WILLIAMS
Lennox Williams, a Printing Machine Operator 3 with the
Department of the Treasury, represented by CWA Local 1033,
appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-10 SHARON ROWE
Sharon Rowe, represented by Paul Alexander, President, CWA
Local 1038, petitions the Merit System Board for back pay
and retroactive seniority and benefits in regard to the
Board's acknowledgment of the settlement agreement, issued
August 11, 1997, which resolved the outstanding disputes
regarding her removal from her employment with the Division
of Youth and Family Services, Department of Human Services.
ACTION: The Merit System Board granted the request for
retroactive seniority but denied the request for
back pay.
B-11 PAULO J. CAMARINHA
Paulo J. Camarinha, represented by Patrick J. Arre, Esq.,
appeals the decision of Human Resource Information Systems
which found that the City of Newark had presented a
sufficient basis to remove appellant's name from the Police
Officer (M3394X) eligible list due to an unsatisfactory
driving record.
ACTION: The Merit System Board directed that this appeal
be denied.
B-12 CYNTHIA CLEMONT
Cynthia Clemont (formerly Harris-McCall), represented by
Paula A. Garrick Washington, Esq., appeals the removal of
her name from the eligible list for Police Officer (M3394X),
City of Newark.
ACTION: The Merit System Board directed that this appeal
be denied.
B-13 URMILA GAUTAM
Urmila Gautam appeals the request of the Thomas Edison State
College appointing authority to remove her name from the
Library Assistant (S1677T) 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-14 JOHN CRESCIO
John Crescio appeals the decision of the Division of
Certifications/Placement Services which determined that
Holmdel Township did not violate any residency requirements
in regard to the Police Officer (M1845M) eligible list.
ACTION: The Merit System Board directed that this appeal
be denied.
B-15 WILLIAM C. RICCI
The parties request that the Merit System Board acknowledge
the settlement agreement between the City of Clifton,
represented by Scott Bennion, Assistant City Attorney and
William C. Ricci, represented by Dennis J. Alessi, Esq.,
which resolves all outstanding disputes in regard to Mr.
Ricci's appointment from the eligible list for Fire Fighter
(M1503M), Clifton.
ACTION: The Merit System Board acknowledged the
settlement.
B-16 JAMES J. FITZSIMMONS, ET AL.
James J. Fitzsimmons, represented by Larry S. Loigman, Esq.,
appeals the decision of Human Resource Information Services
which found that he was not entitled to a retroactive date
of appointment as a Management Specialist.
ACTION: The Merit System Board granted the requests for
retroactive appointment dates.
B-17 NASEM MAZAHREH
Nasem Mazahreh, represented by Michael D. Miller, Esq., is
seeking a retroactive date of appointment and back pay as a
Police Officer with the City of Camden.
ACTION: The Merit System Board granted the request for
retroactive appointment date but denied the
request for back pay.
B-18 EDWARD DUNHAM
The City of Newark, represented by Richee-Lori Smith,
Assistant Corporation Counsel, petitions the Board for a
stay of its order to remove Edward Dunham from the position
of Fire Chief in In the Matter of Edward Dunham (MSB,
decided November 10, 1998) pending its appeal to the
Appellate Division of the Superior Court of New Jersey.
ACTION: The Merit System Board denied the request for a
stay.
B-19 JAMES BEST
James Best petitions the Merit System Board for
reconsideration of its final administrative decision
rendered on July 21, 1998, which upheld the removal of Best
from his position as Cottage Training Supervisor at the
Woodbine Developmental Center, Department of Human Services.
ACTION: The Merit System Board denied the request for
reconsideration.
B-20 PHYLLIS JEFFERSON
Phyllis Jefferson, Senior Clerk Typist, Jersey City State
College, represented by Kathryn E. Smith, Executive Vice
President, CWA Local 1031, petitions the Merit System Board
for reconsideration of the final administrative decision
rendered September 8, 1998, which denied her request for a
hearing in regard to her removal, effective May 8, 1998, on
charges.
ACTION: The Merit System Board granted the request for
reconsideration and granted a hearing.
B-21 MARGO MASCIANTONI
Margo Masciantoni, a Head Nurse with the New Lisbon
Developmental Center, Department of Human Services,
represented by Bruce Fralinger, Staff Representative, CWA
Local 1040, petitions the Merit System Board to reconsider
the September 8, 1998 decision which denied her a hearing in
regard to her removal on charges.
ACTION: The Merit System Board granted a hearing.
B-22 ADAM BUNCH
Adam Bunch, a County Correction Officer, Salem County
Sheriff's Department, represented by Roberto K. Paglione,
Esq., requests a hearing in regard to disciplinary action in
the form of four suspensions totaling a period of 10 days.
ACTION: The Merit System Board granted a hearing.
B-23 MICHAEL C. PAOLINI
Michael C. Paolini, Senior Corrections Officer, represented
by Thomas M. Barron, Esq., appeals minor discipline of five
days suspension issued by the Department of Corrections.
ACTION: The Merit System Board granted a hearing.
B-24 VALERIE BOLLING
The appeal of Valerie Bolling, a Cottage Training
Technician, Woodbine Developmental Center, Department of
Human Services, removal effective September 18, 1996 on
charges, was heard by Administrative Law Judge John R.
Tassini, who rendered his initial decision on September 16,
1998. The Merit System Board, at its meeting on November
24, 1998, affirmed the ALJ's recommendation that the removal
be reversed and that appellant be reinstated. However, the
Board found it necessary to address the issues raised in the
exceptions.
ACTION: The Merit System Board adopted the final decision.
B-25 BEVERLY CODY
The appeal of Beverly Cody, Senior Clerk Typist, Municipal
Court, City of Bayonne, concerning her 180-day suspension on
charges, was heard by Administrative Law Judge Irene Jones,
who rendered her initial decision on October 14, 1998,
modifying the 180-day suspension to a 60-day suspension.
The Merit System Board, at its meeting on November 24, 1998,
ordered that this matter be remanded to the Office of
Administrative Law.
ACTION: The Merit System Board adopted the final decision.
B-26 PAUL DENNIS
The appeal of Paul Dennis, a Correction Sergeant at
Mountainview Youth Correctional Facility, Department of
Corrections, concerning his removal effective December 5,
1997 on charges, was heard by Administrative Law Judge Jeff
S. Masin (ALJ), who rendered his initial decision on October
14, 1998. The Merit System Board, at its meeting on
November 24, 1998, did not accept the ALJ's recommendation
that the removal be reversed. Rather, the Board ordered
that the removal be modified to a three-month suspension.
ACTION: The Merit System Board adopted the final decision.
B-27 MATTHEW FORD
The appeal of Matthew Ford, a Police Officer with the
Atlantic City Police Department, removal effective January
22, 1997, on charges, was heard by Administrative Law Judge
Joseph F. Martone (ALJ), who rendered his initial decision
on July 20, 1998 upholding Atlantic City's removal of the
appellant. The Merit System Board, at its November 24, 1998
meeting, affirmed the ALJ's recommendation that the
appellant be removed from his position. However, the Board
found it necessary to address the issues raised in the
exceptions.
ACTION: The Merit System Board adopted the final decision.
B-28 ROBERT IMMORDINO
The appeal of Robert Immordino, Assistant Director, Fiscal,
Division of Mental Health Services, Department of Human
Services, 15-day suspension on charges, was heard by
Administrative Law Judge Bruce R. Campbell, who rendered his
initial decision on October 9, 1998 increasing the
appointing authority's 15-day suspension to a 30-day
suspension. The Merit System Board, at its meeting on
November 24, 1998, concluded that the 15-day suspension
imposed by the appointing authority was appropriate.
ACTION: The Merit System Board adopted the final decision.
B-29 LESTER PARAMORE
The appeal of Lester Paramore, a Human Services Technician
with Ancora Psychiatric Hospital, Department of Human
Services, removal effective June 25, 1997, on charges of
physical abuse of a patient, was heard by Administrative Law
Judge Robert S. Miller, who rendered his initial decision on
August 20, 1998. The Merit System Board, at its meeting of
November 24, 1998, modified the charge of physical abuse of
a patient to the lesser charge of inappropriate physical
contact and concluded that the penalty of removal should be
modified to a three-month suspension.
ACTION: The Merit System Board adopted the final decision.
B-30 THOMAS N. THERRELL
The appeal of Thomas N. Therrell, Auditor I, Taxation,
Department of the Treasury, concerning his release at the
end of his working test period was heard by Administrative
Law Judge Bernard Goldberg (ALJ), who rendered his initial
decision on October 21, 1998. The Merit System Board, at
its meeting on November 24, 1998, ordered that this matter
be remanded to the Office of Administrative Law.
ACTION: The Merit System Board adopted the final decision.
B-31 POLICE CHIEF, SEASIDE PARK BOROUGH
The parties request that the Merit System Board acknowledge
the settlement agreement between the Borough of Seaside
Park, represented by Thomas G. Gannon, Esq., Charles Dishon,
represented by Matthew M. Collins, Esq., and William
Beining, represented by Michael A. Bukosky, Esq., which
resolves all outstanding disputes in regard to appointments
from the eligible list for Police Chief (PM1765T), Seaside
Park Borough.
ACTION: The Merit System Board acknowledged the
settlement.
B-32 URBAN RENEWAL TECHNICIAN (C1383T), HUDSON COUNTY
The appointing authority requests permission not to make an
appointment from the certification for Urban Renewal
Technician (C1383T), Hudson County.
ACTION: The Merit System Board granted the request but
assess costs.
B-33 ZOHRA AHMED
Zohra Ahmed appeals the determination of the Division of
Selection Services which found that she did not meet the
education requirements for the Accounting Assistant (S1624T)
examination.
ACTION: The Merit System Board directed that this appeal
be denied.
B-34 HEATHER COSSABOON AND BRIAN MATHIS
Heather Cossaboon and Brian Mathis appeal the determinations
of the Division of Selection Services which found that they
did not meet the experience requirements for the
open-competitive examination for Counselor, Victim Witness
Program (C0671W), Cumberland County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-35 THOMAS R. DARMODY, III
Thomas R. Darmody, III, appeals the determination of the
Division of Selection Services which found that he did not
meet the experience requirement for the open competitive
examination for Chief Police Instructor/Curriculum
Development Specialist, Police School (C0734S), Ocean
County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-36 ADELINE DEL PRIORE
Adeline Del Priore appeals the determination of the Division
of Selection Services which found that she did not meet the
experience requirement for the promotional examination for
Supervising Program Development Specialist Community Service
(PM3591V), Bayonne.
ACTION: The Merit System Board directed that this appeal
be denied.
B-37 KAREN S. DEWITT
Karen S. Dewitt appeals the decision of the Division of
Selection Services which found that appellant did not meet
the experience requirements for the promotional examination
for Office Supervisor (PS4454K), Department of Human
Services, Division of Youth and Family Services.
ACTION: The Merit System Board directed that this appeal
be denied.
B-38 LEONIE DYKE, ET AL,
Leonie Dyke, Portia D. Johnson , and Amir Shabazz appeal the
decision of the Division of Selection Services which found
that appellants did not meet the experience requirements for
the open competitive examination for Identification Officer
(M0696U), Newark.
ACTION: The Merit System Board directed that these appeals
be denied.
B-39 ROLAND L. EASTMEAD
Roland L. Eastmead appeals the determination of the Division
of Selection Services, which found that appellant did not
meet the experience requirements for the open competitive
examination for Data Processing Input/Output Control
Specialist 2 (S1730T).
ACTION: The Merit System Board directed that this appeal
be denied.
B-40 ANTHONY HAYNES
Anthony Haynes 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 Client Services Representative (PS6114K),
Ancora Psychiatric Hospital, Department of Human Services.
ACTION: The Merit System Board directed that this appeal
be denied.
B-41 ERNEST MEZEY
Ernest Mezey 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 Counselor, Victim Witness Program (C0658W), Passaic
County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-42 BETH A. O'BRIEN
Beth A. O'Brien appeals the determination of the Division of
Selection Services which found that she did not meet the
eligibility requirements for the promotional examination for
Senior Fiscal Analyst (PS4025I), Department of Corrections.
ACTION: The Merit System Board directed that this appeal
be denied.
B-43 DANIEL PHELAN
Daniel Phelan appeals the decision of the Division of
Selection Services which found that appellant did not meet
the experience requirements for the promotional examination
for Administrative Analyst 1 (PS3866D), Department of
Community Affairs.
ACTION: The Merit System Board directed that this appeal
be denied.
B-44 GERALD P. SELLNER
Gerald P. Sellner appeals the determination of the Division
of Selection Services, which determined that he was
ineligible for the promotional examination for Supervising
Engineer 2, Surface Design (PS4270T), Department of
Transportation, since the title under test did not represent
a promotion for him.
ACTION: The Merit System Board directed that this appeal
be denied.
B-45 RASHMI TRIVEDI
Lorraine Burke, the Managing Assistant Director, Human
Resources, Jersey City State College, on behalf of Rashmi
Trivedi, appeals the determination by the Division of
Selection Services, which found that she did not meet the
experience requirements of the promotional examination for
Supervisor, Personnel Records and Payroll Processing 3
(PS5629J), Jersey City State College.
ACTION: The Merit System Board directed that this appeal
be granted.
B-46 CHIBUZOR A. UDUH
Chibuzor A. Uduh appeals the determination of the Division
of Selection Services, which found that he did not meet the
experience requirement for the examination for Health
Educator (C0534O), Bergen County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-47 FEDEL UNDERWOOD
Fedel Underwood appeals the determination of the Division of
Selection Services which found that he did not meet the
experience requirements for the open competitive
examinations for Social Worker 2, Corrections (S6684T) and
Social Worker Juvenile Rehabilitation (C1591T), Sussex
County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-48 BARBARA BOWENS
Barbara Bowens appeals her failing score on the
open-competitive examination for Security Guard (M0533O),
Jersey City.
ACTION: The Merit System Board directed that this appeal
be denied.
B-49 KATHLEEN KIERNAN
Kathleen Kiernan appeals the decision of the Division of
Selection Services which found that she failed to achieve a
passing score on the Senior Probation Officer (PS3221M),
Morris/Sussex County Vicinage, promotional examination.
ACTION: The Merit System Board directed that this appeal
be denied.
B-50 BARBARA I. STOFF
Barbara I. Stoff appeals her score on the examination for
Assistant Biologist, Wildlife Management (S0171O),
Department of Environmental Protection.
ACTION: The Merit System Board directed that this appeal
be denied.
B-51 MIRIAM TORRES
Miriam Torres appeals the scoring of the examination for
Investigator Probation Bilingual Spanish/English (S0329W).
ACTION: The Merit System Board directed that this appeal
be denied.
B-52 BERNICE WEST
Bernice West appeals the decision of the Division of
Selection Services which found that she failed to achieve a
passing score on the Administrative Analyst (M5820T),
Newark, promotional examination.
ACTION: The Merit System Board directed that this appeal
be denied.
B-53 ROSA WILLIAMS
Rosa Williams appeals her failing score on the promotional
examination for Principal Clerk Typist (PS5178J), William
Paterson College.
ACTION: The Merit System Board directed that this appeal
be denied.
B-54 ELIZABETH WITT
Elizabeth Witt appeals the determination of the Division of
Selection Services which found that she did not meet the
education and experience requirements for the promotional
examination for Administrative Assistant 1 (PS6190H),
Department of Health and Senior Services.
ACTION: The Merit System Board directed that this appeal
be granted.
B-55 SHARON BURKE
Sharon Burke appeals the validity of the examination for
Senior Building Maintenance Worker (M0602O), Atlantic City.
ACTION: The Merit System Board directed that this appeal
be denied.
B-56 HAROLD NOECKER AND CLIFFORD PARKER
Harold Noecker and Clifford Parker appeal the validity and
administration of the promotional examination for Assistant
Supervisor, Forest Fire Equipment Maintenance (PS5052G),
Department of Environmental Protection.
ACTION: The Merit System Board directed that these appeals
be denied.
B-57 ARTHUR WHITE
Arthur White appeals the validity of the examination for
Assistant Maintenance Supervisor (C0301O), Cumberland
County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-58 NANCY BROKOFSKY
Nancy Brokofsky appeals the administration of the
promotional examination for Administrative Analyst 2
(PS5116P), Department of Law and Public Safety.
ACTION: The Merit System Board directed that this appeal
be denied.
B-59 RICHARD DELANEY
Richard Delaney appeals his disqualification from the
examination for Project Manager, Transportation (PS3550T).
ACTION: The Merit System Board directed that this appeal
be denied.
B-60 FIRE DIRECTOR/FIRE CHIEF, PERTH AMBOY
Rodney T. Hara, Esq., on behalf of the City of Perth Amboy,
appeals the decision of the Division of Human Resource
Management denying the appointing authority's request to
create a dual title for Fire Director/Fire Chief.
ACTION: The Merit System Board directed that this appeal
be denied.
B-61 PROPOSED AMENDMENTS TO N.J.A.C. 4A:4-2.17, APPLICATION
PROCESSING FEES
It is recommended that N.J.A.C. 4A:4-2.17, Application
Processing Fees be approved for publication in the New
Jersey Register for public notice and comment.
ACTION: The Merit System Board approved the amendments for
publication in the New Jersey Register.
B-62 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of December
8, 1998 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its
meeting of September 10, 1998.
B-63 ROY J. YOUNG
Roy J. Young, represented by Samuel J. Halpern, Esq.,
appeals his rejection as a County Correction Sergeant
candidate by the County of Bergen and its request to remove
his name from the eligible list for County Correction
Sergeant on the basis of psychological unfitness to perform
effectively the duties of the position.
ACTION: The Merit System Board referred the appellant for
independent evaluation.
B-64 APRIL BOYKINS
April Boykins, County Correction Officer, Burlington County,
represented by George R. Saponaro, Esq., requests interim
relief in regard to her immediate suspension, pending the
outcome of her departmental hearing.
ACTION: The Merit System Board denied the request for
interim relief.
B-65 BRYON DOUGLAS
The appeal of Bryon Douglas, a Senior Correction Officer at
the Garden State Reception and Youth Correctional Facility,
Department of Corrections (DOC), regarding a 30-day
suspension, on charges, was heard by Administrative Law
Judge John R. Tassini, who rendered his initial decision on
September 10, 1998 reversing the 30-day suspension. The
Merit System Board, at its meeting on December 8, 1998,
adopted the ALJ's recommendation reversing the 30-day
suspension.
ACTION: The Merit System Board adopted the final decision.
B-66 DINA PARKER-TODD
The appeal of Dina Parker-Todd, Administrative Analyst, City
of Asbury Park, concerning her demotion in lieu of layoff,
effective May 9, 1995, was heard by Administrative Law Judge
Steven C. Reback, who rendered his initial decision on
October 23, 1998. The Merit System Board, at its meeting on
December 8, 1998, ordered that this matter be remanded to
the Office of Administrative Law.
ACTION: The Merit System Board adopted the final decision.
B-67 MICHAEL HAYES
The Department of Corrections, represented by Leslie-Ann M.
Justus, Deputy Attorney General, petitions the Merit System
Board for a stay and reconsideration of the final
administrative decision, rendered on September 10, 1998,
which modified the removal charge levied against Michael
Hayes to a six-month suspension. Alternatively, Michael
Hayes requests that the Board enforce its order rendered in
its September 10, 1998 decision.
ACTION: The Merit System Board denied the request for stay
and reconsideration and granted the request for
enforcement.
B-68 GEORGE SYDLAR
The appeal of George Sydlar, Police Officer, Police
Department, City of Jersey City, concerning his 30-day
suspension on charges, was heard by Administrative Law Judge
Ken R. Springer, who rendered his initial decision on
October 27, 1998. The Merit System Board, at its meeting on
December 8, 1998, adopted the ALJ's recommendation,
upholding the charges, but modifying the 30-day suspension
to a seven-day suspension.
ACTION: The Merit System Board adopted the final decision.
B-69 GREGORY CHANDLER
Gregory Chandler, represented by Arnold S. Cohen, Esq.,
requests enforcement of that part of the Merit System Board
decision rendered on February 11, 1997, granting him counsel
fees.
ACTION: The Merit System Board granted the request in part
and the payment of counsel fees in the amount of
$1062.50.
B-70 RICHARD ANDRETTA
Richard Andretta, represented by Joseph Licata, Esq.,
petitions the Merit System Board for reconsideration of its
final administrative decision rendered on July 21, 1998 in
which appellant's request for admittance to the examination
for Supervisor Billing and Collection/Supervisor Sewage
Meter Repairer (PC4312V), Bergen County was denied.
ACTION: The Merit System Board granted the request for
reconsideration.
B-71 CORRECTION SERGEANT, JUVENILE JUSTICE
The Policemen's Benevolent Association (PBA) Local 367,
represented by Robert Fagella, Esq., requests that
certifications from the Correction Sergeant, Juvenile
Justice (PS5139P) promotional list be stayed pending review
of its appeal regarding the utilization of PAR (Performance
Assessment Review) ratings as part of the promotional
selection process at the Juvenile Justice Commission (JJC).
ACTION: The Merit System Board denied the request.
B-72 DOMINICK SORIANO
Dominick Soriano appeals the determination of the Division
of Selection Services, which found that he did not meet the
experience requirement of the promotional examination for
Supervising Pumping Station Operator/Supervisor, Sewer
Maintenance (PC4462V), Bergen County Utilities Authority.
It is noted that this appeal was held over from the Board's
November 10, 1998 meeting
ACTION: The Merit System Board directed that this appeal
be denied.
B-73 FRED WILSON
Fred Wilson appeals the determination of the Division of
Selection Services which found that he did not meet the
educational requirements for the promotional examination for
Insurance Examiner 2 (PS6275L), Department of Banking and
Insurance
ACTION: The Merit System Board directed that this appeal
be granted.
B-74 LOUIS A. SHOPFER, JR.
J.S. Weidemann, on behalf of the Department of Treasury,
requests that Louis A. Shopfer, Jr., be permitted to utilize
experience gained through out-of-title work in order to
support his answers to the questionnaire for the examination
for Executive Assistant 1, (PS6151U), Department of
Treasury.
ACTION: The Merit System Board granted the request.
B-75 TRACIE M. YEOMAN
Tracie M. Yeoman appeals the denial of her request for paid
military leave for her required annual training with the
United States Naval Reserves by the appointing authority.
ACTION: The Merit System Board directed that this appeal
be granted.
B-76 EARLY SETTLEMENTS
Linda Bethel
Woodbine Developmental Center
Department of Human Services
Resignation not in good standing
Linda Drake
Greystone Psychiatric Hospital
Department of Human Services
10-day suspension
Carmen Kowalchek
Hunterdon Developmental Center
Department of Human Services
Removal
ACTION: The Merit System Board acknowledged the
settlements.
There being no further business before the Merit System Board,
the meeting was adjourned to convene on Tuesday, January 12, at
10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
_______________________________
JANICE MITCHELL MINTZ
CHAIRWOMAN
MERIT SYSTEM BOARD
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