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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