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A regular meeting of the Merit System Board was held on
Tuesday, September 21, 1999 in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz; Merit System
Board Members, Alan Dexter Bowman, Margaret E. L. Howard and
Judith Shaw; 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 September 2, 1999 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: September 10, 1999
TO: Janice Mitchell Mintz, Commissioner
Department of Personnel
Henry Maurer, Director
Merit System Practices and Labor Relations
FROM: Marjorie Schwartz, Director
Division of Human Resource Management
SUBJECT: Changes in the State Classification Plan
The Department of Transportation requests your approval for the
reallocation of three positions to the Senior Executive Service.
Justification -- Position Numbers: 023364; 022278; 930326
The positions are located within the Division of Construction and
Materials. Each position functions as the Regional Construction
Engineer for its respective region (North, South, and Central)
and is responsible for the direction of Capital Program
construction projects and highway developer agreements within
that region.
The staffing of each Region includes clerical, administrative,
technical, and engineering positions. Currently, there are 200
positions assigned to the Northern Region, 110 positions assigned
to the Central Region and 130 positions assigned to the Southern
Region. The functions performed in each region include the
following: construction inspection and administration; regional
materials laboratories; civil rights compliance inspections;
utility construction inspection; and electrical construction
inspection.
At any given time there are from 20 to 40 active construction
projects in each region. The value of the contracts may vary
from two hundred thousand to one hundred million dollars each.
Each Regional Construction Engineer must develop a salary budget
for the assigned personnel as it relates to reimbursement from
Federal Funds, Transportation Trust Funds, General Operating Fund
and leave time. The Regional Construction Engineer also develops
budgets for reimbursable travel and overtime salary and is
required to meet budget goals and provide proper administration
of projects.
If the reallocation of these positions is approved, the
Department of Transportation anticipates that the incumbents will
move into the Senior Executive Service along with their current
Positions
Reallocation of Service
Effective Date -- August 14, 1999
FROM: 023364, Manager 1, Department of Transportation,
(Construction and Maintenance Engineering)
(M34-65256H)
TO: 023364, Senior Executive Service
(M98-90752)
FROM: 022278, Manager 1, Department of Transportation,
(Construction and Maintenance Engineering)
(M34-65256H)
TO: 022278, Senior Executive Service
(M98-90752)
FROM: 930326, Manager 1, Department of Transportation,
(Construction and Maintenance Engineering)
(M34-65256H)
TO: 930326, Senior Executive Service
(M98-90752)
DATE: August 6, 1999
TO: Janice Mitchell Mintz, Commissioner
Department of Personnel
Henry Mauer, Director
Merit System Practices and Labor Relations
FROM: Marjorie A. Schwartz, Director
Human Resources Management
SUBJECT: Change in the Compensation Plan and Concurrent Title
Change
DEPARTMENT OF COMMUNITY AFFAIRS
Fundamental changes have been made in the organization of
administrative services in the Department of Community Affairs.
The duties and responsibilities of the former Division of
Administration have been divided and distributed among several
organizational components. Some of the remaining duties and
responsibilities are being assigned to the newly created Office
of Internal Services. The Department of Community Affairs
requests a salary re-evaluation and title change.
The Director Of Administration, Department of Community Affairs
(M38), last re-evaluated in 1984, was defined:
Under the general guidance of the Commissioner of Community
Affairs or the Deputy Commissioner, has direct
administrative, operational and technical control of
departmental administrative functions which include personnel
management, administrative functions which include personnel
management, labor management-relations,
employee training and development, fiscal and budget
preparation and execution, grants management, management analysis
and internal auditing, office automation and data
processing, purchasing, logistical services including
vehicle management, telecommunications, facilities
management and security; does related work as required.
A review of the current duties and responsibilities of this
position shows the job classification is no longer responsible
for personnel management, labor relations , employee training and
development, purchasing, security and budget preparations for the
Department. Those responsibilities have been dispersed to other
administrators. The administrator of the Office of Internal
Services now functions as departmental ethics officer and retains
responsibility for grants management, internal audits, office
automation and data processing, logistical services including
vehicle management, telecommunications and facilities management.
Documentation submitted by NJDCA indicates that the work of the
Director of Administration, Department of Community Affairs
(M38) has been substantially impacted by the removal of assorted
duties and responsibilities. The scope and responsibility of
this position have been markedly reduced. Six major
responsibilities have been removed while one relatively limited
responsibility has been added. To reflect the decrease, the
Department of Community Affairs has requested that the minimum
education be decreased from a Masters degree to a Bachelors
degree.
A downward salary range adjustment of four (4) ranges is
warranted. A review of the Hay evaluation indicates a change in
the know how (scope and variety of knowledge needed), problem
solving (analysis, evaluation and reasoning skills) and
accountability (answerability for actions and consequences).
The title should be changed to Director of Internal Services to
better reflect the fundamental changes that have taken place in
this position.
CHANGE IN SALARY RANGE AND TITLE
Effective: 04/10/99
FROM:
Director of Administration, Department of Community Affairs
M38-55388 C NL
TO:
Director of Internal Services
M34-55388 C NL
DATE: August 20, 1999
TO: Janice Mitchell Mintz, Commissioner
Department of Personnel
Henry Maurer, Director
Merit System Practices and Labor Relations
FROM: Marjorie Schwartz, Director
Division of Human Resource Management
SUBJECT: Change in the State Classification Plan
The Department of Labor is requesting that the following job
function be reallocated to the Senior Executive Service.
Your approval of the reallocation for the following position
number from the career service to the Senior Executive Service is
recommended. A review of the assigned job functions has been
conducted and the position meets the standard established for
inclusion in the Senior Executive Service.
Reallocation of Service
Effective Date
FROM: 910042, Assistant Director, Disability Insurance
(M34-65078)
TO: 910042, Senior Executive Service (M98-90752)
Justification -- Position Number # 910042
The incumbent of this position will be responsible for
administering the line operation of the Disability Determination
Services (DDS). The DDS is responsible to process social
security disability claims that are filed by residents of New
Jersey.
Approval of this action would establish two Assistant Directors
within the Division of Disability Determination Services. The
initial position which has been allocated to the Senior Executive
Service focuses on the administrative support aspects of the
operation. The added position would be responsible for
supervising the operation of the four regional offices.
The Department of Labor indicates that the Division of Disability
Determinations currently carries a pending inventory of over
26,000 pending cases. Many of these cases are in excess of 200
days old. The federal government is anxious for the division to
decrease its case backlog while continuing to increase its effort
for increased quality control.
The position will be responsible for addressing existing problems
relevant to the backlogged cases and quality control. In
addition, it will work closely with the managers of regional
offices to enhance their professional and leadership development
and facilitate the supervision/mentoring of first line
supervisors. Also, the position will coordinate various special
projects designed to improve productivity, eliminate aged cases
and reduce case processing time. The Social Security
administration will require dramatic changes in the job
responsibility of all claims adjudicators and therefore
anticipates extensive retraining for adjudicative and Medical
Consultant Staff. The position would be primarily responsible
for ensuring that the transition of the "New Disability Process"
is accomplished consistently throughout all the regions.
The position is currently vacant. It will be posted following
Merit System Board approval of its reallocation.
DATE: April 5, 1999
TO: Janice Mitchell Mintz, Commissioner
Department of Personnel
Henry S. Maurer, Director
Merit System Practices and Labor Relations
FROM: Marjorie Schwartz, Director
Division of Human Resource Management
SUBJECT: Title Consolidation Request
DEPARTMENT OF ENVIRONMENTAL PROTECTION
The Director, Division of Human Resource Management
recommends the consolidation of the Environmental Compliance
Investigator 2 and 1 and the Supervising Environmental Compliance
Investigator as defined in the attached crosswalk. The
Environmental Compliance Investigator 3 will remain an active
title, serving as a professional port of entry into the
Investigator series.
In July of 1996, the Communication Workers of America (CWA),
Local 1034 filed a classification appeal on behalf of several
Environmental Compliance Investigators. The CWA and the employees
represented contended that the Environmental Compliance
Investigators were performing duties substantially similar to
Investigators within the Department of Environmental Protection.
Department of Personnel staff compared data on both title series
and found that Supervising Environmental Compliance Investigators
and Environmental Compliance Investigator 1's both compared
favorably to the Investigator 1 and Environmental Compliance
Investigator 2's to the Investigator 2's. Job analysis data did
not reveal such similarity between ECI's and Investigators at the
3, or entry level.
The results of this data comparison were shared with staff
of both the Department of Environmental Protection and the
Communication Workers of America, and the appellants. The CWA
further argued that all ECI's, not only those enforcement program
staff involved in the instant appeal, should also be assessed for
upward reclassification. Prior to taking any action to
reclassify the appellants, the Department of Environmental
Protection, Division of Human Resource Management, requested that
all incumbent ECI's be audited to determine their proper
classification.
In order to compensate the appellants of the before
mentioned matter for the higher level duties as determined by the
Department of Personnel, appellants (in the enforcement program)
were tentatively appointed provisional pending promotional exam
(PAP) to the appropriate level in the Investigator series
effective 8/30/97. Further, the Department of Environmental
Protection agreed to a title consolidation of ECI 1 and 2 and
Supervising ECI into the Investigator series for all incumbent
personnel deemed to be performing work substantially similar to
the Investigator 1 and 2.
While conducting audits of remaining Environmental
Compliance Investigators by both questionnaire and on-site data
gathering, the Department of Personnel received classification
appeals from nearly all Investigator 3's and 2's within the
Department of Environmental Protection. These Investigators
claimed to be performing work at a higher level. On-site audits
were conducted on all Investigators. The Division of Human
Resource Management again determined that the appellants' case
had merit and recommended upward reclassifications for all
incumbents audited.
Results from audits of the remaining non-enforcement ECI's
revealed that all incumbent ECI 1 and 2's matched the
Investigator 1 and 2 job title sufficiently to warrant inclusion
in the proposed title consolidation. Therefore, it is
recommended that all Environmental Compliance Investigator 1's
and 2's and Supervising Environmental Compliance Investigators be
consolidated in accordance with the attached crosswalk. Due to
the timing of the appeals and related audits, the non-enforcement
ECI's will have a PAP appointment date of January 2, 1999.
It should be further noted that while title consolidation
and related reclassification work was being completed by
Department of Personnel staff, all announcements and examinations
for impacted titles were held in abeyance. As a result,
incumbents who had been provisionally appointed to higher title
could not attain permanent status. This request intends to
include these provisionally appointed (PAP) incumbents in the
title consolidation based on their last permanent title. In so
doing, there will be no negative impact on those who accepted an
earlier promotional opportunity. Incumbents who fall into this
category are noted by an asterisk (*) on the attached crosswalk.
Once title consolidation efforts are completed, promotional
announcements for Investigators will be released. No further
holds will be placed on the Investigator examinations.
Investigator 2's and 3's provisionally appointed to higher level
titles effective June 6, 1998 will be processed in accordance
with normal promotional procedures.
TO: Janice Mitchell Mintz DATE: September 15, 1999
Commissioner
Henry Maurer, Director
Merit Systems Practices and Labor Relations
FROM: Marjorie Schwartz, Director
Human Resource Management
SUBJECT: Change in Classification Plan
Department of Military and Veterans Affairs
The State Department of Military and Veterans Affairs has been
using the title of Project Specialist for its positions in the
Challenge Youth Program which is a 22 week residential voluntary
program located at Fort Dix for youths 16 to 18 years old who are
high school dropouts.
The goal of this program is to deter high school dropouts from
the high percentage of prison incarceration, drug abuse and
unemployment characteristic of this group by providing a "second
chance" or "new opportunity" to these youths through education,
life skills, leadership and employment training, and subsequent
mentoring.
We have denied the continued use of the Project Specialist title
and have determined the appropriate career service titles for
these positions which are to become effective July 3, 1999. As a
result of this title transition, the current 40 hour workweek of
some of the positions needed to be approved for the State
Classification Plan, which was done by the Merit System Board at
its meeting of August 31, 1999. The following title was
inadvertently omitted for consideration and its approval also
recommended.
Additional Workweek Designation
Eff: 07-03-99
Instructor Counselor P18 Career WW
4E
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing
calendar:
Kenneth Candelori, Supervising Payroll Clerk, Department of Human
Services, Division of Youth and Family Services, indefinite
suspension and removal.
Valeri Cobbertt, Senior Correction Officer, Department of
Corrections, Edna Mahan Correctional Facility for Women,
suspension.
John Hoffman, Building Maintenance Worker, Bayonne Housing
Authority, removal.
John Monka, Building Maintenance Worker, Morris View Nursing
Home, County of Morris, removal and (2) suspensions.
William Moore, Police Officer, Police Department, City of East
Orange, removal.
Mary Smith, Senior Security Officer, Rowan University, suspension
and demotion.
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:
Kristian Edward Duva, Senior Correction Officer, Juvenile
Justice, Department of Law and Public Safety, New Jersey Training
School for Boys, removal and suspension.
Edmund Eziaghighala, Family Services Specialist Trainee,
(S6024O), Department of Human Services, Division of Youth and
Family Services, list removal.
Wayne Leggett, Food Service Worker, Department of Human Services,
Atlantic County, removal.
Gene Mack, Human Services Technician, Department of Human
Services, Greystone Park Psychiatric Hospital, suspension.
Carmelo Rivera, Human Services Technician, Department of Human
Services, Trenton Psychiatric Hospital, removal.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of William Bloodgood
Edna Mahan Correctional Facility
Department of Corrections
Removal
In the Matter of Bennett Davis
Edna Mahan Correctional Facility
Department of Corrections
Suspension
In the Matter of Joan Gustofson
East Jersey State Prison
Department of Corrections
Demotion
In the Matter of Pamela Howell
Woodbine Developmental Center
Department of Human Services
Removal
In the Matter of Yvonne Johnson
Division of Youth and Family Services
Department of Human Services
Removal
In the Matter of Charles Kettleman
City of Bayonne
Suspension
In the Matter of William Kinnaman
Mountainview Youth Correctional Facility
Department of Corrections
Resignation Not in Good Standing
In the Matter of Nancy McCall
County of Monmouth
Suspension
In the Matter of Brian Ragauckas
Jersey City Police Department
Release at End of Working Test Period
In the Matter of Mark Vasser
City of Newark School District
Resignation Not in Good Standing
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE
CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the
settlements with the exception of Pamela Howell
and Brian Ragauckas which were held over.
A-2 ROBERT LUCAS
Robert Lucas, Omnibus Driver, Burlington County Jail,
suspension for 90 days, on charges of conduct unbecoming a
public employee, neglect of duty, misuse of public property
and violating rules and regulations for custody personnel,
staff and contract personnel and rules for custodial
personnel and jail employees.
Recommendation of the Administrative Law Judge - Modify the
90 day suspension to a 30 day suspension.
ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.
A-3 HENRY MAGEE
Henry Magee, Firefighter, Fire Department, Town of Kearny,
suspension for two months, on charges of failure to perform
duties, insubordination, chronic or excessive absenteeism,
conduct unbecoming a public employee and neglect of duty.
Recommendation of the Administrative Law Judge - Dismiss
the appeal and deny counsel fees.
ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.
A-4 SIMMIE PIPKIN
Simmie Pipkin, Senior Quality Control Reviewer, Division of
Family Development, Department of Human Services, suspension
for ten days, on charges of conduct unbecoming a public
employee.
Recommendation of the Administrative Law Judge - Modify the
ten day suspension to a three day suspension.
ACTION: The Merit System Board modified the
recommendation of the Administrative Law Judge to
uphold the 10 day suspension.
A-5 AURORA REEVES
Aurora Reeves, Customer Service Information Specialist 2,
Department of Transportation, suspension for 116 days, on
two charges (charges 1 and 2) of not following agency
procedures and two charges (charges 3 and 4) of conduct
unbecoming a public employee.
Recommendation of the Administrative Law Judge - Dismiss
charges 1 and 2 and uphold charges 3 and 4 and the 116 day
suspension.
ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.
A-6 JONETTA TABOR
Jonetta Tabor, Supervisor of Nursing Services, Health and
Senior Services, Consumer Support - Department of Health and
Senior Services, layoff effective February 26, 1999, due to
a reduction in force.
Recommendation of the Administrative Law Judge Uphold the
layoff
ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.
A-7 ELIZABETH COX
Elizabeth Cox, Cottage Training Technician, New Lisbon
Developmental Center, Department of Human Services, removal
effective September 28, 1998, on charges of physical abuse
of a client
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.
A-8 PATRICIA HARVARD
Patricia Harvard, Secretarial Assistant, Typing, City of
Newark, removal effective October 10, 1997, on charges of
unauthorized use of a municipal vehicle and conduct
unbecoming a municipal employee
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
A-9 LORENZO HERRING
Lorenzo Herring, Senior Correction Officer, Northern State
Prison, Department of Corrections, removal effective March
30, 1998, on charges of being in violation of a rule which
states racial and/or sexual harassment and conduct
unbecoming an employee
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.
A A-10 ELLA ROBINSON
Ella Robinson, Cottage Training Technician, Vineland
Developmental Center, Department of Human Services, removal
effective January 29, 1998, on charges of being absent from
work as scheduled without permission.
Recommendation of the Administrative Law Judge - Uphold the
removal
ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.
A A motion was made and seconded that the open session be
recessed and that, pursuant to Section 12(b) of the Open
Public Meetings Act, the Merit System Board entered into
Executive Session for the purpose of legal advice on the
matter of A-11 Andre Vives Rivera and A-12 Nathan Carey.
The Board subsequently reconvened the public meeting.
A-11 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. The Merit System Board at its
meeting of June 21, 1999, modified the recommendation of the
Administrative Law Judge and reversed the removal. The
matter is now before the Board for reconsideration.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board granted the
request for reconsideration and upheld the
removal.
A-12 NATHAN CAREY
Nathan Carey, Human Services Assistant, Woodbine
Developmental Center, Department of Human Services, removal
effective February 11, 1998, on charges of physical abuse of
a client. The Merit System Board at its meeting of August
10, 1999, directed that this matter be held over.
Recommendation of the Administrative Law Judge - Reverse the
removal.
ACTION: The Merit System Board granted the
request for reconsideration. A motion was made to
reverse the removal and dismiss the charges.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (No)
Judith Shaw (No)
The motion did not carry.
A-13 JEFFREY SIENKIEWICZ, BOBBY JENKINS, FRANK JACKSON
(1) Jeffrey Sienkiewicz, Correction Sergeant, New Jersey
State Prison, Department of Corrections, removal effective
March 27, 1998, on charges of incompetency, inefficiency, or
failure to perform duty, conduct unbecoming a public
employee and neglect of duty. (2) Bobby Jenkins, Correction
Officer, New Jersey State Prison, Department of Corrections,
removal effective April 9, 1998, on charges of conduct
unbecoming a public employee. (3) Frank Jackson, Correction
Sergeant, New Jersey State Prison, Department of
Corrections, suspension for 30 days beginning May 9, 1998,
on charges of personal conduct and falsification of a
report. The Merit System Board at its meeting of August 10,
1999, directed that this matter be held over for a testimony
summary.
Recommendation of the Administrative Law Judge - Uphold the
removals for Sergeant Jeffrey Sienkiewicz and Senior
Correction Officer Bobby Jenkins and uphold the 30 day
suspension for Sgt. Frank Jackson.
ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.
A-14 EMILY GRAHAM-WEBER
Layoff of Emily Graham-Weber, Executive Assistant,
Department of Public Safety, Essex County, effective August
30, 1991, for reasons of economy and efficiency. The Merit
System Board at its meeting of April 21, 1998, directed that
this matter be remanded to the Office of Administrative Law
(OAL).
Recommendation of the Administrative Law Judge - Uphold the
layoff.
ACTION: The Merit System Board affirmed the
recommendation of the Administrative Law Judge.
SECTION B - MISCELLANEOUS MATTERS
B-1 ELVIS ALICEA
Elvis Alicea appeals his rejection as a Police Officer by
the City of Trenton 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-2 EVERETT BATES
Everett Bates appeals his rejection as a County Correction
Officer by the County of Essex 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-3 SCOTT DUGAN
Scott Dugan, represented by Joseph Licata, Esq., appeals his
rejection as a Fire Fighter candidate by the City of
Hackensack and its request to remove his name from the
eligible list for Fire Fighter 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 ISMAEL MARTINEZ
Ismael Martinez, represented by Luis E. Rivera Castro, Esq.,
appeals his rejection as a County Correction Officer
candidate by the County of Hudson 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 the
appellant be referred for independent evaluation.
B-5 DUANE SANTOS
Duane Santos 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.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
B-6 KEVIN SCARLATO
Kevin Scarlato appeals his rejection as a Correction Officer
Recruit 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-7 HELEN BARKER-ZERILLO
Helen Barker-Zerillo, a Senior Therapy Program Assistant
with 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 granted.
B-8 ANTHONY GREATHOUSE
Anthony Greathouse, a Senior Correction Officer with the
Garden State Reception and Youth Correctional Facility,
Department of Corrections (DOC), represented by Stephen
Moschini, Esq., appeals the denial of sick leave injury
(SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be granted.
B-9 THOMAS HAMLYN
Thomas Hamlyn, a Senior Correction Officer at Bayside State
Prison, Department of Corrections, represented by Joseph A.
Bukowski, President, PBA Local 105, appeals the denial of
sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be granted.
B-10 ROBERT A. WASHINGTON
Robert A. Washington, formerly a Senior Correction Officer
at Mid-State 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-11 RICHARD DELANEY
Richard Delaney, an Engineer, Specifications,
Transportation, with the Department of Transportation (DOT),
appeals the determination of the Director of the Division of
Civil Rights/Affirmative Action with the DOT, stating that
appellant failed to present sufficient evidence to establish
a prima facie case that he had been discriminated against in
applying for promotional opportunities.
ACTION: The Merit System Board directed that this appeal
be denied.
VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
B-12 KEVIN T. WRIGHT
Kevin T. Wright, a Human Resource Consultant 3 with the
Department of Personnel (CSC), appeals the determination of
the Commissioner of CSC which found that the appellant
failed to present sufficient evidence to support a finding
of probable cause that he had been discriminated against
based on his sex or race.
ACTION: The Merit System Board directed that
this appeal be denied.
VOTE: Janice Mitchell Mintz (Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
B-13 KEVIN NOAH
Kevin Noah, represented by John J. Segreto, Esq., appeals
the decision of Human Resource Information Services which
upheld his bypass on the list for Police Sergeant (PM4768P),
Pompton Lakes. This matter was held over from the August
10, 1999 meeting.
ACTION: The Merit System Board granted a hearing.
B-14 GARY PALUSH
Gary Palush appeals the decision of Human Resource
Information Systems which found that the appointing
authority had presented a sufficient basis to remove his
name from the eligible list for Fire Fighter (M1523M), City
of Perth Amboy based on his failure to possess the required
volunteer Fire Fighter Service.
ACTION: The Merit System Board directed that this appeal
be denied.
B-15 MICHAEL SIMEONE
Michael Simeone, represented by Joseph Licata, Esq., appeals
the removal of his name from the open competitive list for
Police Officer (M5007T), North Bergen.
ACTION: The Merit System Board directed that this appeal
be denied.
B-16 ANGEL VALENTIN, JR.
Angel Valentin, Jr., appeals the decision of Human Resource
Information Systems which found that the appointing
authority had presented a sufficient basis to remove his
name from the Police Officer (M3394X), Newark eligible list,
based on an unsatisfactory driving record.
ACTION: The Merit System Board directed that this appeal
be denied.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
B-17 DATA ENTRY MACHINE OPERATOR (C1144T), PASSAIC COUNTY
The appointing authority's failure to properly dispose of
the certification for Data Entry Machine Operator while a
provisional appointee is serving in the title has been
referred to the Merit System Board for enforcement.
ACTION: The Merit System Board revived the list
(C1114T), ordered the appointing authority to
remove the provisional, make an appointment from
the certification, and pay compliance costs.
B-18 PLUMBER (M4107S), CITY OF NEWARK
The appointing authority's failure to properly dispose of
the certification for Plumber while provisional appointees
are serving in the title has been referred to the Merit
System Board for enforcement.
ACTION: The Merit System Board revived the list
(M4107S), ordered the appointing authority to
remove the provisional, make an appointment from
the certification, and pay compliance costs.
VOTE:Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
B-19 PRINCIPAL CLERK (M0544T), CITY OF NEWARK
The appointing authority's failure to properly dispose of
the certification for Principal Clerk while provisional
appointees are serving in the title has been referred to the
Merit System Board for enforcement.
ACTION: The Merit System Board revived the list
(M0544T), ordered the appointing authority to
remove the provisional, make an appointment from
the certification, and pay compliance costs.
VOTE:Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
B-20 STOCK CLERK (C7164W), PASSAIC COUNTY
The appointing authority's failure to properly dispose of
the certification for Stock Clerk while provisional
appointees are serving in the title has been referred to the
Merit System Board for enforcement.
ACTION: The Merit System Board revived the list
(C7164W) and ordered the appointing authority to
remove the provisional, make an appointment from
the certification, and pay compliance costs.
B-21 WORD PROCESSING OPERATOR (M7329W), CITY OF NEWARK
The appointing authority's failure to properly dispose of
the certification for Word Processing Operator while
provisional appointees are serving in the title has been
referred to the Merit System Board for enforcement.
ACTION: The Merit System Board revived the list
(M7329W) and ordered the appointing authority to
remove the provisional, make an appointment from
the certification, and pay compliance costs.
VOTE:Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
B-22 SHARON CALDWELL
Sharon Caldwell, a Custodial Worker with the State-Operated
School District of the City of Newark, represented by John
M. Esposito, Esq., seeks enforcement of the part of the
Merit System Board decision of October 7, 1997, which
granted her back pay, benefits and seniority from December
19, 1995, six months after her removal to the date of her
reinstatement on January 11, 1999. Ms. Caldwell also
requests counsel fees.
ACTION: The Merit System Board directed the
appointing authority to pay appellant $55,882.12,
plus interest, grant her 60.5 sick days, and 16
vacation days.
VOTE: Janice Mitchell Mintz
(Abstained)
Alan Dexter Bowman (Yes)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
B-23 JALAL GHAVAMI
Jalal Ghavami requests enforcement of the June 2, 1998 Merit
System Board decision which ordered his reinstatement to his
position as an Auditor with the City of Newark, pending the
filing of formal charges.
ACTION: The Merit System Board granted a hearing.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
B-24 EVA TAYLOR
In re: Taylor, 158 N.J. 644 (1999), the New Jersey Supreme
Court remanded the removal of Eva Taylor, a Human Services
Technician at Greystone Park Psychiatric Hospital, to the
Merit System Board for a determination of the proper
penalty.
ACTION: The Merit System Board ordered the
appointing authority to reinstate appellant
following a three month suspension, denied back
pay, benefit, seniority, and counsel fees.
B-25 WILLIAM BRENNAN
The Township of Teaneck, represented by Steven N. Davi,
Esq., petitions the Merit System Board for a stay and
reconsideration of the final administrative decision,
rendered on March 23, 1999, which affirmed the
Administrative Law Judge's (ALJ) initial decision dismissing
a 21-day suspension, upholding a two-day suspension,
modifying a 63-day suspension to a 10-day suspension and
modifying a five-day suspension to a two-day suspension
imposed against William Brennan, a Fire Fighter with the
Teaneck Fire Department. Specifically, Teaneck requests
reconsideration of the dismissal of the 21-day suspension
and the modification of the 63-day and five-day suspensions.
Also, the appellant, represented by Frances Farber-Walter,
Esq., cross-petitions for reconsideration of the Board's
affirmance of the two-day suspension and its modification of
the five-day and 63-day suspensions.
ACTION: The Merit System Board denied the
requests for a stay and reconsideration.
B-26 ORLANDO FERNANDEZ
Orlando Fernandez, a Correction Officer Recruit, Mid-State
Correctional Facility, Department of Corrections, petitions
the Merit System Board for reconsideration of the decision,
rendered on May 24, 1999, which denied his request for a
hearing in regard to his release at the end of his working
test period on February 26, 1999.
ACTION: The Merit System Board denied the request for
reconsideration.
B-27 GUY SCHAAR
Guy Schaar, a Correction Lieutenant, Mountainview Youth,
Correctional Facility, Department of Corrections,
represented by Mario A. Iavicola, Esq., petitions the Merit
System Board to reconsider the final decision rendered on
March 9, 1999, dismissing his appeal without prejudice based
on his failure to appear at a scheduled hearing.
ACTION: The Merit System Board granted the
request for reconsideration and directed that this
case be transmitted to the Office of
Administrative Law.
B-28 CATHERINE SCHNEBLE
Catherine Schneble, Administrative Analyst 2, Department of
Environmental Protection, represented by Anthony L.
Velasquez, Esq., requests reconsideration of the final
decision of the Merit System Board rendered March 23, 1999,
which upheld the good faith of her layoff effective July 8,
1995.
ACTION: The Merit System Board denied the request for
reconsideration.
B-29 THOMAS GRILL AND JAMES WALSH
The City of Newark, represented by Phillip R. Dowdell,
Assistant Corporation Counsel, requests a stay of the Merit
System Board decision, In the Matter of Thomas Grill and
James Walsh (MSB, decided June 21, 1999) pending its appeal
to the Superior Court, Appellate Division. Additionally,
Thomas Grill represented by John C. Whipple, Esq., and James
Walsh, represented by David W. Fassett, Esq., request
enforcement of the prior decision reinstating appellants to
their positions and counsel fees for the enforcement action.
ACTION: The Merit System Board denied the
request for a stay and granted the request for
enforcement.
VOTE:Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
B-30 PATRICK DUNICAN
Patrick Dunican, a Municipal Court Administrator, Township
of Pennsauken, petitions the Merit System Board for interim
relief in regard to his separation from employment on the
basis of his failure to meet the residency requirements for
the position.
ACTION: The Merit System Board granted the request.
B-31 DIVISION OF MOTOR VEHICLES, DEPARTMENT OF TRANSPORTATION
1995 LAYOFF
The appeal of 96 employees of the Division of Motor
Vehicles, Department of Transportation, of the good faith of
their layoff or demotion in lieu of layoff effective July 8,
1995, was heard by Administrative Law Judge Arnold Samuels
(ALJ), who rendered his initial decision on July 20, 1999.
The Merit System Board, at its meeting on August 31, 1999,
accepted the ALJ's recommendation to uphold the layoff. The
proposed final decision is now submitted for the Board's
review.
ACTION: The Merit System Board adopted the final decision.
B-32 KEITH JORDAN
The appeal of Keith Jordan, a Police Officer with the City
of Newark, of his removal effective August 25, 1995 on
charges, was heard by Administrative Law Judge Elinor R.
Reiner (ALJ), who rendered her initial decision on April 8,
1999. At its meeting on August 31, 1999, the Merit System
Board adopted the recommendation of the ALJ to uphold the
removal. The proposed final decision is now submitted for
the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
B-33 GERALD MORGAN
The appeal of Gerald Morgan, a Cottage Training Technician
with Woodbine Developmental Center, Department of Human
Services, of his removal, effective June 4, 1997 on charges,
was heard by Administrative Law Judge Joseph Lavery (ALJ),
who rendered his initial decision on July 14, 1999. At its
meeting on August 31, 1999, the Merit System Board adopted
the ALJ's recommendation to dismiss the appeal. However,
the Board did not adopt his recommendation to dismiss the
charges. The proposed final decision is now submitted for
the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-34 NORMAN F. FIGUEROA
Kenneth W. Carruth, Township Administrator, Township of
Pennsauken, on behalf of Norman F. Figueroa, III, appeals
the determination of the Division of Selection Services,
which found that he did not meet the experience requirement
for the promotional examination for Building Superintendent
(PM0022W), Township of Pennsauken.
ACTION: The Merit System Board directed that this appeal
be granted.
B-35 JOHN P. HESTER
John P. Hester appeals the determination of the Division of
Selection Services that he did not possess the required
license in order to be eligible for the open competitive
examination for Boiler Operator (M9249A), Jersey City School
District.
ACTION: The Merit System Board directed that this appeal
be denied.
B-36 MARY SUE LUGIANO
Mary Sue Lugiano appeals the determination of the Division
of Selection Services, which found that she did not meet the
experience requirement for the promotional examination for
Field Service Supervisor I (PS4631K), Division of Family
Development, Department of Human Services.
ACTION: The Merit System Board directed that this appeal
be denied.
B-37 ANDRE T. PEPPER
Andre T. Pepper appeals the determination of the Division of
Selection Services, which found that he did not meet the
experience requirement for the promotional examination for
Inspector Mosquito Extermination (PC0212A), Mercer County.
ACTION: The Merit System Board directed that this appeal
be granted.
B-38 PAULA MARIE PILLONE
Paula Marie Pillone appeals the determination of the
Division of Selection Services which found that she did not
meet the experience requirements for the open competitive
examination for Health Educator (C0534O), Bergen County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-39 ELLIS R. SCHLETT
On behalf of Ellis R. Schlett, the Township of Pennsauken
appeals the determination of the Division of Selection
Services, which found that Mr. Schlett did not meet the
experience requirement for the promotional examination for
Truck Driver (PM0737W), Township of Pennsauken.
ACTION: The Merit System Board directed that this appeal
be granted.
B-40 DIANE L. SCHIMPF
Diane L. Schimpf appeals the decision of the Division of
Selection Services which found that appellant did not meet
the experience requirements for the promotional examination
for Therapy Program Assistant (Recreation) (PS0548E), New
Jersey Veterans Memorial Home at Menlo Park.
ACTION: The Merit System Board directed that this appeal
be denied.
B-41 DEBORAH T. WALKER
Deborah T. Walker appeals the determination of the Division
of Selection Services which found that she did not meet the
experience requirements for the open competitive examination
for Habilitation Plan Coordinator (S0378A).
ACTION: The Merit System Board directed that this appeal
be denied.
B-42 DON R. WILLIAMS
Don R. Williams 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 Computer Operator (M6164O), Jersey City School
District.
ACTION: The Merit System Board directed that this appeal
be granted.
B-43 DATA ENTRY MACHINE OPERATOR TITLE SERIES
The Director, Division of Human Resource Management,
requests that those employees who are serving in the Data
Entry Machine Operator title services be declared eligible
to compete in the promotional examinations for the Customer
Service Representative title series, in the Bureau of Vital
Statistics and Registration, Division of Management and
Administration, Department of Health and Senior Services.
ACTION: The Merit System Board granted the request.
B-44 KEVIN MCMONAGLE
Kevin McMonagle appeals his score on the examination for
Fire Lieutenant (PM40945U), Bayonne.
ACTION: The Merit System Board directed that this appeal
be denied.
B-45 KENNETH CHILDRESS
Kenneth Childress appeals his score on the examination for
Fire Lieutenant (PM1199T), Plainfield.
ACTION: The Merit System Board directed that this appeal
be denied.
B-46 MICHAEL HARRIS
Michael Harris appeals his score on the examination for Fire
Captain (PM1187T), East Orange.
ACTION: The Merit System Board directed that this appeal
be denied.
B-47 STEVE A. SHIPMAN, ONE DAY SUSPENSION
Steve A. Shipman, Senior Correction Officer, Department of
Corrections, appeals minor discipline of a one day
suspension.
ACTION: The Merit System Board granted a hearing.
B-48 JOSEPH VERDEROSA
Joseph Verderosa, represented by Vincenza Leonelli-Spina,
Esq., appeals his score on the oral examination for Fire
Lieutenant (PM2787S), Clifton.
ACTION: The Merit System Board directed that this appeal
be denied.
B-49 ENVIRONMENTAL COMPLIANCE INVESTIGATOR, DEPARTMENT OF
ENVIRONMENTAL PROTECTION
The Director, Division of Human Resource Management,
requests consolidation of Supervising Environmental
Compliance Investigator (class code 23) and Environmental
Compliance Investigator 1 (class code 21) titles into the
Investigator 1 title (class code 25), and consolidation of
the Environmental Compliance Investigator 2 (class code 18)
title into the Investigator 2 (class code 22) title.
ACTION: The Merit System Board granted the request.
B-50 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of August 31
1999, are submitted for adoption.
ACTION: The Merit System Board adopted the
minutes of its meeting of August 31, 1999.
B-51 EARLY SETTLEMENTS
Glen DeNault
East Jersey State Prison
Department of Corrections
Removal
Jacqueline Fox
Trenton Psychiatric Hospital
Department of Human Services
20 day suspension
Zina Greene
Edna Mahan Correctional Facility
Department of Corrections
15 day suspension and (2) removals
Leoni M. Pinheiro
Juvenile Justice Commission
10 day suspension
Donald Rogers
Ramapo College of New Jersey
Removal
Jacquie Shogeke
Northern State Prison
Department of Corrections
Resignation not in good standing
Janine Watts
New Jersey State parole and Community Programs
Resignation not in good standing
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,
September 28, 1999, at 10:00 a.m., at 3 Station Plaza,
Trenton, New Jersey.
__________________________________
JANICE MITCHELL MINTZ
CHAIRWOMAN
MERIT SYSTEM BOARD
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