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State of New Jersey, Civil Service Commission
Governor Phil Murphy • Lt.Governor Sheila Oliver
 
 
Lewis A. Scheindlin, Acting Commissioner
Alan Dexter Bowman
Margaret E. L. Howard
Judith L. Shaw
Leo R. Vartan

A regular meeting of the Merit System Board was held on
Tuesday, May 23, 2000 in Trenton, New Jersey.

PRESENT: Acting Commissioner Lewis A. Scheindlin; Merit
System Board Members, Alan Dexter Bowman, Margaret E. L. Howard,
Judith Shaw, and Leo R. Vartan, Elizabeth Laufer, Deputy Attorney
General; and Henry Maurer, Director.

In accordance with L.1975, c.231, Lewis A. Scheindlin,
Acting Commissioner, opened the meeting with the following
statement:

Notice of this meeting was filed with the Secretary of State
and sent to the Trentonian, Trenton Times, Courier-Post and Star
Ledger on November 8, 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 Compensation Plan, copies of which are attached hereto and
made a part hereof.

DATE: May 23, 2000

TO: Janice Mitchell Mintz, Commissioner

Henry S. Maurer, Director
Merit System Practices and Labor Relations

FROM: Marjorie A. Schwartz, Director
Human Resources Management

SUBJECT: Change in the Compensation Plan

GENERAL AND SPECIFIC DEPARTMENTS

We are requesting a one-range salary increase for the titles
listed below. Unless noted otherwise, all titles are in the
competitive service, and assigned a 40-hour workweek.

Many technological changes have occurred in the manufacture of
motor vehicles. State and federal regulations have been enacted
impacting motor vehicle emissions testing and repair service.
These regulations require motor vehicle mechanics to complete
training and obtain varied certifications specific to the type of
service or repair function. Some certifications require
incumbents to submit to re-testing procedures prior to renewal.
These technological and other environmental-related changes have
increased the knowledge and skills required to conduct electronic
and manual diagnosis of motor vehicle maintenance problems, and
identify and perform needed repairs.

CHANGE IN SALARY RANGE
Effective: 03/25/00

GENERAL TITLES

FROM: TO:
Mechanic Trainee O11-43730 O12-43730

Automotive Mechanic C16-43724 C17-43724

Assistant Crew Supervisor, Mechanics R17-43734 R18-43734

Crew Supervisor, Mechanics R19-43735 R20-43735

Assistant Master Mechanic S21-43745 S22-43745

Master Mechanic M24-43746 (N4) M25-43746

Body and Fender Mechanic C16-43722 C17-43722

Crew Supervisor, Garage Operations R19-43805 R20-43805

LAW AND PUBLIC SAFETY

Marine Mechanic C16-43702 C17-43702

TREASURY

Asst. Supervisor Central Motor Pool Operations M26-52613 (N4) M27-52613

Crew Supervisor Mechanics, Body & Fender R19-43735g R20-43735g

Garage Supervisor 1 S24-43827 S25-43827

Garage Supervisor 2 S21-43826 S22-43826

ENVIRONMENTAL PROTECTION

Automotive Mechanic C14-59925 (35) C15-59925

Asst. Supervisor, Forest Fire Equipment Maintenance R19-02648 R20-02648

Forest Fire Equipment Maintenance Specialist 1 O16-02647 O17-02647

Forest Fire Equipment Maintenance Specialist 2 O14-02646 O15-02646

Intermittent Forest Fire Equipment Maintenance Specialist 2 O14-15848 (Non-Competitive) O15-15848

Supervisor Forest Fire Equipment Maintenance S21-02649 S22-02649

TRANSPORTATION

Automobile Trimmer C16-43723 C17-43723

Crew Supervisor Mechanics, Snow Equipment R19-43735f R20-43735f

MAS/HKJ/BP

WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the hearing
calendar:

Rodney Cheatham, Electrical Mechanic I, Department of
Transportation, removal.

Vincent Cordi, Police Officer, City of Newark, suspension.

Matthew Dowell, Food Service Worker, County of Bergen, removal.

Dorothy Dutta, Head Nurse, County of Hudson, suspension.

Luis Soto, Correction Sergeant, County of Mercer, suspension and demotion.

Julio T. Vega, City of Newark, list 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:


Eli Judge, Senior Building Maintenance Worker, Department of
Human Services, Forensic Psychiatric Hospital, removal.

Dante Lawson, Project Maintenance Superintendent, Housing
Authority of the City of Newark, demotion.

Rodney Lewis, Rowan University, release at the end of the working
test period.

Jose Ramirez, Building Maintenance Worker, County of Passaic,
suspension.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Catina Clark
Jersey City State College
Suspensions

In the Matter of Sharon Clarke
Passaic County - Preakness Hospital
Suspension

In the Matter of Jean Crissy
Superior Court of New Jersey, Essex Vicinage
Suspension

In the Matter of John Ietto
Borough of Fair Lawn
Suspension

In the Matter of Marco Merino
Division of Youth and Family Services
Department of Human Services
Release at the End of the Working Test Period

In the Matter of Mamie Miller, et al.
Sheriff's Department, County of Passaic
Layoffs

In the Matter of Geraldine Williams
Vineland Developmental Center
Department of Human Services
Demotion

In the Matter of Denise Woods
City of Trenton Public Works
Suspension

RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE
CASES - SETTLEMENT


ACTION: The Merit System Board acknowledged the
settlements.

A-2 THERESA KNOWLES - SETTLEMENT

Theresa Knowles, Investigator 2, Taxation, represented by
Virginia Wolf, Executive Vice President, CWA, Local 1038,
requested Merit System Board review of a Marginally Below
Standard (4 Level) PAR rating for the period November 1,
1994 through June 30, 1996, which resulted in the
withholding of an increment. The Merit System Board granted
a hearing and ordered the matter transferred to the Office
of Administrative Law on July 7, 1998.

Recommendation of the Administrative Law Judge - Dismiss the
matter.

ACTION: The Merit System Board acknowledged the
settlement.

A-3 EDGAR MEDINA - SETTLEMENT

Edgar Medina, Police Officer, City of Vineland, Public
Safety, removal effective December 31, 1998, on charges of
standard of conduct, neglect of duty, performance of duty,
obedience to laws and regulations, conduct towards the
public, and conduct unbecoming a public employee. Settled
to a resignation in good standing.

Recommendation of the Administrative Law Judge - Acknowledge
the settlement.

ACTION: The Merit System Board acknowledged the
settlement.

A-4 ROBERT FRANKLIN, SR.

Robert Franklin, Sr., Senior Correction Officer, Riverfront
State Prison, Department of Corrections, suspension for 20
days, on charges of insubordination: intentional
disobedience or refusal to accept order, assaulting or
resisting authority, disrespectful or use of insulting or
abusive language to a supervisor.

Recommendation of the Administrative Law Judge - Uphold the
suspension.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.


A-5 MICHAEL GIANNETTA

Appeal of Michael Giannetta, Firefighter candidate, Township
of Bloomfield concerning the request for removal of his name
from the Bloomfield Firefighter eligible list (M1501M).

Recommendation of the Administrative Law Judge - Uphold the
removal of the appellant's name from the eligible list for
Firefighter (M1501M).

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

A-6 CARL L. GREEN

Carl L. Green, Probation Officer, Judiciary, Essex Vicinage,
indefinite suspension pending the resolution of criminal
charges under indictment, and charges of conduct unbecoming
a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the
indefinite suspension.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

A-7 KATHRYN KRAKOW

Kathryn Krakow, Institutional Coordinator, Woodbine
Developmental Center, Department of Human Services, released
at the end of working test period, due to unsatisfactory
services.

Recommendation of the Administrative Law Judge - Enter the
Summary Decision on behalf of the respondent and dismiss the
appeal.

ACTION: The Merit System Board directed that this matter
be held over.

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-8 Rod Pendergrass
and A-19 Robert Collins and Thomas Cahill. The Board
subsequently reconvened the public meeting.

A-8 ROD PENDERGRASS

Rod Pendergrass, Human Services Assistant, Greystone Park
Psychiatric Hospital, Department of Human Services,
suspension for 120 days, on charges of physical abuse of a
patient.

Recommendation of the Administrative Law Judge - Reverse the
suspension.

ACTION: The Merit System Board directed that this matter
be held over.

A-9 ALFRED CARLO

Alfred Carlo, Senior Maintenance Repairer, Township of
Teaneck, removal effective September 7, 1996, on charges of
conduct unbecoming a public employee and misuse of public
property.

Recommendation of the Administrative Law Judge - Reverse the
removal and impose a six month suspension and reinstatement
to employment.

ACTION: The Merit System Board modified the Administrative
Law Judge's recommendation to reverse the removal
and impose a one month suspension.

A-10 LORI GHAVAMI

Lori Ghavami, Senior Accountant, Health and Human Services,
City of Newark, removal effective February 10, 1997, on
charges of conduct unbecoming a public employee, neglect of
duty and incompetency, inefficiency or failure to perform
duties.

Recommendation of the Administrative Law Judge - Reverse the
removal and amend to a six month suspension.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo R. Vartan (Yes)

A-11 RAY HOWARD

Ray Howard, Computer Operator, Jersey City Housing
Authority, removal effective April 28, 1997, on charges of
insubordination, failure to perform assigned job duties and
conduct unbecoming a Jersey City Housing Authority (JCHA)
employee.

Recommendation of the Administrative Law Judge - Uphold the
removal.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

A-12 WILLIAM MARSHALL

William Marshall, Senior Correction Officer, New Jersey
State Prison, Department of Corrections, two removals
effective July 7, 1998, on charges of unexcused lateness of
30 minutes or more and unsatisfactory attendance.

Recommendation of the Administrative Law Judge - Uphold the
removals.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

A-13 ANTHONY MONTGOMERY

Anthony Montgomery, Human Services Technician, Hagedorn Gero-
Psychiatric Hospital, Department of Human Services, removal
effective March 25, 1999, on charges of falsification:
intentional misstatement of material fact in connection with
a job application and affidavit form.

Recommendation of the Administrative Law Judge - Modify the
removal to a six month suspension.

ACTION: The Merit System Board reversed the Administrative
Law Judge's recommendation and upheld the removal.

VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (No)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo R. Vartan (Yes)

A-14 JEFFREY O. MORRIS

Jeffrey O. Morris, Laborer, Township of Lawrence, removal
effective June 4, 1999, on charges of incompetency,
inefficiency or failure to perform duties and conduct
unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the
removal.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

A-15 RACHEL PARKER

Rachel Parker, Tenant Relations Assistant, Housing Authority
of the City of Paterson, removal effective April 21, 1998,
on charges of excessive absenteeism.

Recommendation of the Administrative Law Judge- Uphold the
removal.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.


A-16 ETHEL GILBERT

Ethel Gilbert, Supervising Family Service Specialist II,
Division of Youth and Family Services, Department of Human
Services, released at the end of the working test period,
due to unsatisfactory services. The Merit System Board at
its meeting of May 9, 2000, directed that this matter be
held over.

Recommendation of the Administrative Law Judge - Uphold the
release at the end of the working test period.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo R. Vartan (Yes)

A-17 ANTHONY SARTOR - SETTLEMENT

Initial removal effective December 6, 1996, on charges of
conduct unbecoming a public employee and violation of
Federal regulations concerning drug and alcohol use by and
testing of employees who perform functions related to the
operation of commercial motor vehicles and State and local
policies issued thereunder. Settled to a resignation in
good standing effective December 6, 1996. Additionally, the
appellant agrees to enter a drug rehabilitation program
approved by the City and if he successfully completes the
program the City will make available the first position in
the title the appellant previously held and also will make
random drug test on the appellant. The Merit System Board
at its meeting of May 9, 2000, directed that this matter be
held over.

Recommendation of the Administrative Law Judge - Acknowledge
the settlement.

ACTION: The Merit System Board acknowledged the
settlement.

A-18 SHARON GREEN - SETTLEMENT

Initial resignation not in good standing effective August 8,
1997, on charges of an employee who does not return to duty
for five or more consecutive business days following an
approved leave of absence shall be considered to have
abandoned his or her position and shall be recorded as a
resignation not in good standing. Settled to a 30 day
suspension and return to work after Merit System Board's
approval of settlement. The Merit System Board at its
meetings of April 4, 2000 and May 9, 2000 directed that this
matter be held over.

Recommendation of the Administrative Law Judge - Acknowledge
the settlement

ACTION: The Merit System Board acknowledged the
settlement.

A-19 ROBERT COLLINS AND THOMAS CAHILL

Robert Collins, Police Officer, Beach Haven Borough, removal
effective March 4, 1997, on charges of conduct unbecoming a
public employee and conducted unethical and illegal
activities while on duty. Thomas Cahill, Police Officer,
Beach Haven Borough, removal effective March 4, 1997, on
charges of conduct unbecoming a public employee. The Merit
System Board at its meeting of March 7, 2000, directed that
this matter be held over.

Recommendation of the Administrative Law Judge - Uphold the
removal.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

A-20 JOHN FAGAN - SETTLEMENT

Initial (1) suspension for 180 days beginning August 5, 1999
and ending February 1, 2000 and (2) removal effective
September 13, 1999, on eight charges which vary from
incompetency, inefficiency or failure to perform duties;
conduct unbecoming an employee in the public service; misuse
of public property; members and employees shall conduct
their private and professional lives in such a manner as to
avoid bringing the Department disrepute; unwarranted
interference in the private business of others when not in
the interest of justice is conduct unbecoming an officer;
repeated violations of Departmental Rules and Regulations,
or any other course of conduct indicating that a member has
little or no regard for his responsibility as a member of
the Police Department; and if copies of reports are
requested, the person requesting shall do so through the
Record Bureau and pay the appropriate fees. Settled to a
resignation in good standing. The Merit System Board at its
meeting of April 4, 2000, directed that this matter be held
for receipt of a clarifying letter.

Recommendation of the Administrative Law Judge - Acknowledge
settlement.

ACTION: The Merit System Board acknowledged the
settlement.

SECTION B - MISCELLANEOUS MATTERS

B-1 MARC FERRARA

Marc Ferrara, represented by Sanford R. Oxfeld, Esq.,
appeals his rejections as a Sheriff's Officer candidate by
the County of Union and its request to remove his name from
the subject eligible list 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 INESHA NASH

Inesha Nash appeals her rejection as a Correction Officer
Recruit candidate by the New Jersey Department of
Corrections and its request to remove her name from the
eligible list for Correction Officer Recruit on the basis of
medical unfitness to perform effectively the duties of the
position.

ACTION: The Merit System Board directed that this appeal
be granted.

B-3 GEORGE WALLACE

George Wallace, represented by Robert A. Fagella, Esq.,
appeals his rejection as a Fire Fighter candidate by the
City of Plainfield and its request to remove his name from
the subject eligible list on the basis of psychological
unfitness to perform effectively the duties of the position.

ACTION: The Merit System Board referred appellant for
independent evaluation.

B-4 ANGELA DEGLIUMBERTO (TOKARCIK)

Angela DeGliumberto (Tokarcik), a Secretarial Assistant 3
with the Department of Environmental Protection, appeals the
denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be denied.

B-5 SIMONA GRIFFIN

Simona Griffin, a Senior Food Services Handler at Trenton
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 granted.

B-6 CHARLES JONES

Charles Jones, a Senior Correction Officer at New Jersey
State Prison, Department of Corrections, represented by
Michael R. Paglione, Esq., appeals the denial of sick leave
injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be granted.

B-7 DAWN NEHRING

Dawn Nehring, a Senior Correction Officer, Juvenile Justice
at the Juvenile Medium Security Facility, Juvenile Justice
Commission, appeals the denial of sick leave injury (SLI)
benefits.

ACTION: The Merit System Board directed that this appeal
be granted.

B-8 MARVA NICHOLSON

Marva Nicholson, a Senior Building Maintenance Worker at
Trenton 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 KEITH SCHUCHARDT

Keith Schuchardt, a Truck Driver, Single Axle with the
Department of Transportation, appeals the denial of sick
leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be denied.

B-10 DAWN TAYLOR

Dawn Taylor, a Practical Nurse with New Lisbon Developmental
Center, Department of Human Services, appeals the denial of
sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be denied.

B-11 DEBRA DYGON

Debra Dygon, represented by Larry S. Loigman, Esq., appeals
the decision of Selection Services which found that the
appointing authority had presented a sufficient basis to
remove her name from the eligible list for Parole Officer
Recruit (S1405S), Department of Corrections, on the basis of
an unsatisfactory driving record.

ACTION: The Merit System Board directed that this appeal
be granted.

B-12 HARRISON HOGUE

Harrison Hogue appeals the decision of Human Resource
Information Services which found that the appointing
authority had presented a sufficient basis to remove his
name from the eligible list for Police Officer (M3394X),
City of Newark, on the basis of his arrest record.

ACTION: The Merit System Board directed that this appeal
be denied.

VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo R. Vartan (Yes)

B-13 MARIA BARBIERI, ET AL.

Maria Barbieri, Janet M. Parrotta, and Kenneth W. Powers
appeal the decision of the Division of Selection Services
which found that they did not meet the experience
requirements for the promotional examination for Supervising
Management and Operations Analyst (PS6270K), Division of
Family Development.

ACTION: The Merit System Board directed that these appeals
be denied.

B-14DONALD BROWN, ET AL.

Donald Brown, Brian Esposito, Valerie Robbins, and Robert
Webb, Jr. 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 Investigator 1 (S0384A).

ACTION: The Merit System Board directed that these appeals
be denied.

B-15 LYNNE D. BROZON

Lynne D. Brozon appeals the determination of the Division of
Selection Services, which found that she did not meet the
experience requirement for the promotional examination for
Deputy Municipal Court Administrator (PM0202A), Rockaway
Township.

ACTION: The Merit System Board directed that this appeal
be granted.

B-16 TRACI L. BURTON

The Deaf Program Coordinator at Greystone Psychiatric
Hospital, on behalf of Traci L. Burton, appeals the
determination of the Division of Selection Services which
found that Ms. Burton did not meet the educational and
experience requirements for the open competitive
examination Interpreter for the Deaf (S6195A).

ACTION: The Merit System Board directed that this appeal
be denied.

B-17 JERRY E. BUSH AND EDWIN R. JONES, JR.

Jerry E. Bush and Edwin R. Jones, Jr. appeal the
determination of the Division of Human Resource Management
which found that they did not meet the requirements for the
promotional examination for Assistant Supervisor Forest Fire
Equipment Maintenance (PS6773G), Department of Environmental
Protection.

ACTION: The Merit System Board directed that these appeals
be denied.

B-18 CHARLES DAVIS

Charles Davis appeals the determination of the Division of
Selection Services which found that he did not meet the
education and experience requirements for the open-
competitive examination for Training Officer Law Enforcement
(C6429W), Monmouth County.

ACTION: The Merit System Board directed that this appeal
be denied.

B-19 KAREN M. DEVLIN

Karen M. Devlin 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 Management Assistant (PS8566P), Division of
State Police.

ACTION: The Merit System Board directed that this appeal
be denied.

B-20 THEODORE FERRAIOLI

Theodore Ferraioli appeals the determination of the Division
of Human Resource Management which found that he was
ineligible for the promotional examination for Water
Repairer (PM1816W), East Orange Water Department.

ACTION: The Merit System Board directed that this appeal
be denied.

B-21 MARY L. GENTRY

The Director, Division of Selection Services, on behalf of
the Department of Education, requests that Mary L. Gentry's
out-of-title work experience be accepted to qualify her for
a prospective examination for Secretarial Assistant 2, Non-
Stenographic.

ACTION: The Merit System Board granted the request.

B-22 ROBERT GILLEN AND JOHN GILMORE

FMBA Local 22, represented by Craig S. Gumpel, Esq., Barry
Anders, Joseph Cappuccino, Edward J. Doran, Michael Greene,
John P. Kozdron, and John Maley contend that Robert Gillen
and John Gilmore had knowledge of test content prior to
taking the examination for Deputy Fire Chief, (PM3540A),
Harrison.

ACTION: The Merit System Board directed that this matter
be held over.

B-23 JOSEPH HUGHES

Joseph Hughes appeals the decisions of the Division of Human
Resource Management which found that he was not permanent in
the competitive division as of the closing date for the
promotional examinations for General Supervisor Public Works
(PM0698A) and Public Works Superintendent (PM0731A), Camden
City.

ACTION: The Merit System Board directed that this appeal
be denied.

B-24 PATRICIA MARANO

Patricia Marano appeals the determination of the Division of
Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Principal Income Maintenance Technician (PS7346K), Medical
Assistance and Health Services, Department of Human
Services.

ACTION: The Merit System Board directed that this appeal
be denied.

B-25 ROBERT J. MELONE

Robert J. Melone appeals the content of the promotional
examination for Administrative Analyst 2, Procurement
(PS6696N), Department of Labor.

ACTION: The Merit System Board directed that this appeal
be denied.

B-26 WILLIAM E. NELSON

William E. Nelson appeals the determination of the Division
of Selection Services, which found that he did not meet the
experience requirement for the promotional examination for
Management and Operations Analyst 1 (PS8954I), Department of
Corrections.

ACTION: The Merit System Board directed that this appeal
be granted.

B-27 CARRIE A. ROBERTS

Carrie A. Roberts appeals the determination of the Division
of Selection Services, which found that she did not meet the
experience requirements for the promotional examination for
Head Clerk (PS8161I), Department of Corrections.

ACTION: The Merit System Board directed that this appeal
be denied.

B-28 MONICA SCHNORBUS

Monica Schnorbus appeals the determination of the Division
of Human Resource Management, which found that she was
ineligible for the promotional examination for Technical
Program Assistant (PS7689U), Department of the Treasury.

ACTION: The Merit System Board directed that this appeal
be denied.

B-29 STAN SIERAKOWSKI

Stan Sierakowski appeals the determination of the Division
of Human Resource Management, which found that he was
ineligible for the promotional examination for Senior Motor
Vehicle Operator Elderly and Handicapped Persons (PC0322W),
Middlesex County.

ACTION: The Merit System Board directed that this appeal
be denied.

B-30 LANCE K. SPENCER

Lance K. Spencer appeals the determination of the Division
of Human Resource Management which found that he was
ineligible for the promotional examination for County
Correction Captain (PC3515A), Burlington County due to his
lack of the required amount of permanent status in the title
to which the examination was open.

ACTION: The Merit System Board directed that this appeal
be denied.

B-31 CHERI SYPHRETT

Cheri Syphrett 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 Social Worker 2, Corrections (S0264O).

ACTION: The Merit System Board directed that this appeal
be denied.

B-32 MARK E. WILLIAMS

Mark E. Williams appeals the determination of the Division
of Human Resource Management, which found that he was
ineligible for the promotional examination for Crew
Supervisor Mechanics (PS7373T), Department of
Transportation.

ACTION: The Merit System Board directed that this appeal
be denied.

B-33 DORETHA BROWN

Doretha Brown appeals her score and rank on the open
competitive examination for Technical Assistant 3 (S0390A).

ACTION: The Merit System Board directed that this appeal
be denied.

B-34 ROBERT F. MALONE JR.

Robert F. Malone, Jr., appeals the determination of the
Division of Selection Services regarding the scoring of his
questionnaire for the Project Manager, Transportation
(PS3550T) examination.

ACTION: The Merit System Board directed that this appeal
be denied.

B-35 SALIM T. MIKHAEL

Salim T. Mikhael appeals the determination of the Division
of Selection Services regarding the scoring of his
questionnaire for the Project Manager, Transportation
(PS3550T) examination.

ACTION: The Merit System Board directed that this appeal
be denied.

B-36 BRIAN MULCAHY

Brian Mulcahy appeals the determination of the Division of
Selection Services regarding the scoring of his
questionnaire for the Project Manager, Transportation
(PS3550T) examination.

ACTION: The Merit System Board directed that this appeal
be denied.

B-37 DANTE D. SADAMA

Dante D. Sadama appeals the determination of the Division of
Selection Services regarding the scoring of his
questionnaire for the Project Manager, Transportation
(PS3550T) examination.

ACTION: The Merit System Board directed that this appeal
be denied.

B-38 EVA SAMACHSON

Eva Samachson appeals her score and rank on the examination
for Administrative Analyst 2, Data Processing (PS4124T),
Department of Transportation.

ACTION: The Merit System Board directed that this appeal
be denied.

B-39 THOMAS BUCCA AND JOHN ROGALSKI

Thomas Bucca, represented by George Saponaro, Esq., and John
Rogalski request that the eligible list for Police Captain
(PM1155U), Hamilton Township, be extended for one year from
its expiration date, January 22, 2000.

ACTION: The Merit System Board denied the request.

B-40 ANDREW T. CAAMANO

Andrew T. Caamano appeals the decision of Selection Services
which restored his name to the Police Officer (S9999V),
Belleville eligible list but provided him no remedy since
the list had expired on July 30, 1998.

ACTION: The Merit System Board ordered that the eligible
list be revived and appellant's name be certified
to the next list for Police Officer , Belleville.

B-41 SCHOOL AIDE (SPECIAL REEMPLOYMENT LIST), NEWARK SCHOOL
DISTRICT


The appointing authority's failure to properly dispose of
the certification for School Aide while provisional
appointees are serving in the title has been referred to the
Merit System Board for enforcement.

ACTION: The Merit System Board ordered the appointing
authority to remove the provisional, make an
appointment from the certification, and pay
compliance costs.

B-42 EQUIPMENT OPERATOR

The appointing authority requests permission not to make an
appointment from the certification for Equipment Operator
(M0828U), City of Beverly.

ACTION: The Merit System Board granted the request but
assessed partial costs.

B-43 SENIOR SANITARY INSPECTOR (PC0700W), MIDDLESEX COUNTY

The appointing authority requests permission not to make an
appointment from the certification for Senior Sanitary
Inspector (PC0700W), Middlesex County.

ACTION: The Merit System Board granted the request but
assessed costs.

B-44 ANTHONY MAPLES

Anthony Maples, a Human Services Technician with the
Division of Mental Health Services, Department of Human
Services, petitions the Merit System Board for
reconsideration of the final administrative decision,
rendered December 7, 1999, which upheld Maple's removal.

ACTION: The Merit System Board denied the request.

B-45 EVERSLEY SIFONTES

Eversley Sifontes, a Police Officer with the City of Newark,
represented by Michael Gogal, Esq., petitions the Merit
System Board (Board) for reconsideration of the final
administrative decision rendered on January 11, 2000, in
which the Board dismissed the appellant's appeal with
prejudice based on his failure to appear at the scheduled
settlement conference on September 27, 1999.

ACTION: The Merit System Board rescinded it's action of
January 11, 2000 regarding the dismissal of
appellant's appeal, and directed that the matter
be transmitted to the Office of Administrative Law
for further proceedings.

VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo R. Vartan (Yes)

B-46 LEIGH SHAW

Leigh Shaw, a Principal Engineer, Electrical with the
Department of Transportation, represented by Lawrence E.
Popp, Esq., petitions the Merit System Board for interim
relief with regard to his three-month suspension on charges.

ACTION: The Merit System Board denied the request for
interim relief.

B-47 REGINALD LEVEN

Reginald Leven, a Senior Correction Officer at Albert C.
Wagner Youth Correctional Facility, Department of
Corrections (DOC), appeals the determination of the
Director, Equal Employment Division, with the DOC, stating
that the appellant failed to present sufficient evidence to
support a finding of probable cause that he had been a
victim of retaliation.

ACTION: The Merit System Board directed that this matter
be held over.

B-48 PATRICIA BROOKS

Patricia Brooks, a Correction Sergeant with East Jersey
State Prison, Department of Corrections (DOC), appeals the
determination of DOC stating that she failed to present
sufficient evidence to support her allegations of
discrimination on the basis of her sex.

ACTION: The Merit System Board directed that this appeal
be denied.

B-49 MICHAEL SCALA

Michael Scala, represented by James M. Mets, Esq., petitions
the Merit System Board to acknowledge a settlement agreement
with the Borough of Fairview to provide Mr. Scala with a
retroactive date of appointment as a Police Lieutenant.

ACTION: The Merit System Board acknowledged the
settlement.

B-50 WILLIAM BRENNAN

William Brennan, a Fire Fighter with the Township of Teaneck
Fire Department, petitions the Merit System Board for
relief, pursuant to N.J.S.A. 11A:2-24 and N.J.A.C. 4A:2-5.1,
et seq., from alleged reprisal by his employer. He also
requests interim relief in the form of a reassignment to
another Deputy Fire Chief's command.

ACTION: The Merit System Board denied the reprisal appeal
and the request for interim relief.

B-51 NORMAN GOLDSBERRY

The Superior Court, Appellate Division, has remanded the
decision of the Merit System Board in In the Matter of
Norman Goldsberry (MSB. Decided Sept. 3, 1997), aff'd in
part and remanded in part, Docket No. A-1466-97T2 (App. Div.
Dec. 8, 1999), for a determination as to whether appellant
is entitled to back pay.

ACTION: The Merit System Board directed that this matter
be held over.

VOTE: Lewis A. Scheindlin (Yes)
Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes)
Judith Shaw (Yes)
Leo R. Vartan (Yes)

B-52 JAMES J. MILLER

The appeal of James J. Miller, a Clerk Driver/Stock Handler
with Atlantic County, of his indefinite suspension, was
heard by Administrative Law Judge Joseph Lavery (ALJ), who
rendered his initial decision on March 29, 2000. The Merit
System Board (Board), at its meeting on May 9, 2000, did not
adopt the recommendation of the ALJ to dismiss the appeal
without prejudice. Rather, the Board ordered that this
matter be remanded to the Office of Administrative Law for
placement on the inactive list until appellant's release
from incarceration. The proposed decision is now submitted
for the Board's review.

ACTION: The Merit System Board adopted the decision.

B-53 THOMAS ROONEY

The appeals of Thomas Rooney, a Senior Correction Officer
with East Jersey State Prison, Department of Corrections, of
his 10-day suspension and removal effective October 9, 1998
on charges, was heard by Administrative Law Judge Edith
Klinger (ALJ), who rendered her initial decision on
April 3, 2000. At its meeting on May 9, 2000, the Merit
System Board did not adopt the recommendation of the ALJ to
dismiss the appeals with prejudice. Rather, the Board
ordered that these matters be remanded to the Office of
Administrative Law. The proposed decision is now submitted
for the Board's review.

ACTION: The Merit System Board adopted the decision.

B-54 PROPOSED AMENDMENTS TO N.J.A.C. 4A:2-2.7 AND 2.9 (Appeals,
Discipline and Separation and Forfeiture of Public Employment)


It is recommended that the proposed amendments to N.J.A.C.
4A:2-2.7 and 2.9 (Appeals, Discipline and Separation and
Forfeiture of Public Employment) be approved for publication
in the New Jersey Register for public notice and comment.

ACTION: The Merit System Board approved the proposed
amendments for publication.

B-55 PROPOSED NEW RULE N.J.A.C. 4A:6-1.24 (NEW SCHOOL VOLUNTEER
LEAVE PROGRAM)


It is recommended that the proposed new rule N.J.A.C. 4A:6-
1.24 (New School Volunteer Leave Program) be approved for
publication in the New Jersey Register for public notice and
comment.

ACTION: The Merit System Board approved the proposed new
rule for publication.

B-56 PROPOSED AMENDMENT TO N.J.A.C. 4A:3-3.8 (INTERMITTENT TITLES
IN LOCAL SERVICE)


It is recommended that the proposed amendment to
N.J.A.C.4A:3-3.8 (Intermittent Titles in Local Service), be
adopted without change.

ACTION: The Merit System Board adopted the amendment.

B-57 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of May 9,
2000, are submitted for adoption.

ACTION: The Merit System Board adopted the minutes for the
meeting of May 9, 2000.

B-58 ALLEN C. HOLMES

Allen C. Holmes, Probation Officer, appeals the
determination of his PAR grievance by the Judiciary.

B-59 LIBRARY ASSISTANT TITLES

The Director, Division of Human Resource Management (DHRM),
recommends reallocation of Library Assistant titles to the
non-competitive division of the career service in accordance
with N.J.A.C. 4A:3-1.2.

ACTION: The Merit System Board granted the request.

B-60 EARLY SETTLEMENTS

Alonzo Ashe
New Lisbon Developmental Center
Department of Human Services
Removal

Gregory Palm
Woodbine Developmental Center
Department of Human Services
Suspension

Sandra Sheared
Vineland Developmental Center
Department of Human Services
Suspension

Joseph Travis
Ancora Psychiatric Hospital
Department of Human Services
Suspension

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, June 6, 2000, at
10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
LEWIS A. SCHEINDLIN
ACTING COMMISSIONER
MERIT SYSTEM BOARD

 
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