A regular meeting of the Merit System Board was held on Tuesday, May 8, 2001, in Trenton, New Jersey.

PRESENT: Chairwoman Janice Mitchell Mintz, Merit System Board Members, Alan Dexter Bowman, Margaret E.L. Howard, and Leo Vartan; June Forrest, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.

In accordance with L.1975, c.231, Chairwoman Janice Mitchell Mintz 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 30, 2000, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Patricia Campbell
Department of Long Term Care Services
County of Morris
Removal

In the Matter of Juan Gonzalez
Police Department
City of Newark
Release at the end of the working test period

In the Matter of Michael Hulings
Police Department
City of Jersey City
Removal and Suspension

In the Matter of Valerie Marut
Board of Health
Borough of Elmwood Park
Reduction in hours to 18 hours per week

In the Matter of Barbara Morris
Healthcare Facilities
County of Monmouth
Suspension

In the Matter of David Scott
Department of Transportation
Removal

In the Matter of Edras Suero
Police Department
City of Newark
Release at the end of the working test period

In the Matter of Frederick Tritthart
Arthur Brisbane Child Treatment Center
Department of Human Services
Suspension

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

ACTION: The Merit System Board acknowledged the settlements.

A-2 KATHRYN KRAKOW

Kathryn Krakow, Institutional Coordinator, Woodbine Developmental Center, Department of Human Services, release at the end of the working test period, effective April 10, 1999.

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.

A-3 MERCER COUNTY DEPARTMENT OF PUBLIC SAFETY

Mercer County, Department of Public Safety, layoffs and demotions in lieu of layoff, effective September 11, 1998.

Recommendation of the Administrative Law Judge - Uphold the layoffs and demotions in lieu of layoff.

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

A-4 BRIAN D. MERWIN

The appeal of Brian D. Merwin, represented by Peter Guarino, Esq., of the decision of Human Resource Information Services, which found that Essex County had presented a sufficient basis to remove appellant's name from the County Correction Officer (C0452S) list.

Recommendation of the Administrative Law Judge - Appointing authority's motion for summary decision granted and appellant is removed from the list and permanently barred from law enforcement employment.

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

A-5 BRIAN PARISE

Brian Parise, Truck Driver Single Axle, Department of Transportation, release at the end of the working test period, effective April 25, 2000.

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.

A-6 DWAYNE BYERS

Dwayne Byers, Senior Correction Officer, Riverfront State Prison, Department of Corrections, removal effective October 5, 1999, on charges of conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-7 CORY EMELE (REMAND)

Cory Emele, Senior Correction Officer, Mountainview Youth Correctional Facility, Department of Corrections, removal effective December 10, 1998, on charges of other sufficient cause (attendance, leaving assigned work area without permission, creating danger to persons or property), performance (serious mistake due to carelessness, which may result in danger and/or injury to persons or property) and safety and security precautions (negligence in performing duty resulting in injury to persons or damage to property).

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-8 JAMES GAINES

James Gaines, Truck Driver, Department of Neighborhood Services, City of Newark, removal effective August 21, 1998, on charges of incompetency, inefficiency to perform duties, other sufficient causes (misuse of public property including a motor vehicle) and excessive absenteeism.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

VOTE:

A-9 JOSEPH GALLANT (REMAND)

Joseph Gallant, Police Officer, Police Department, City of Newark, removal effective June 16, 1997, on charges of violating departmental policy regarding violating the law and conduct which brings discredit, ridicule or criticism to the Department.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-10 MARK HAGANS (REMAND)

Mark Hagans, Sanitation Inspector, Department of Neighborhood Services, City of Newark, removal effective February 21, 1997, on charges of incompetency, inefficiency or failure to perform, insubordination, chronic and excessive lateness, conduct unbecoming of a public employee, neglect of duty, and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

VOTE:

A-11 CHARLOTTE JACOBY (REMAND)

Charlotte Jacoby, Residential Living Specialist, Vineland Developmental Center, Department of Human Services, removal effective January 14, 2000, on the charge of mistreatment of a client.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-12 EMORY BABBS

Emory Babbs, Laborer, Department of Neighborhood and Recreation Services, City of Newark, 35-day suspension, on charges of conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the 35-day suspension.

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

VOTE:

A-13 IMANI MUHINDI

Imani Muhindi, Laborer, City of Newark, Department of Neighborhood and Recreational Services, release at the end of the working test period effective November 8, 1999.

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:

A-14 NAJATI JALAHEJ (SETTLEMENT)

Najati Jalahej, Supervisor Building Services, Preakness Hospital, County of Passaic, 10-day suspension, on charges of neglect of duty, sleeping on duty and unauthorized break. Settled to the appointing authority agrees to dismiss the charges with prejudice and pay the appellant 10 days' back pay.

Recommendation of the Administrative Law Judge - Acknowledge the settlement.

ACTION: The Merit System Board acknowledged the settlement as clarified.

A-15 GEORGE GLOVER

George Glover, Senior Stock Clerk, Department of the Treasury, removal effective July 22, 1994, on charges of insubordination, conduct unbecoming a public employee, neglect of duty, inhibiting the effective operation of State service and failure to follow proper procedure based on several incidents that occurred between March and July 1994.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-16 KIMBERLY ISCARO (SETTLEMENT)

On March 10, 1997, Kimberly Iscaro, a Police Officer with the City of Elizabeth, was dismissed from the Stamler Police Academy for allegedly violating rules and regulations. 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-17 JOSEPH HORNICK

Joseph Hornick, Fire Fighter, City of Long Branch, Fire Department, removal effective March 5, 1996, on charges of violation of rules and regulations of the Uniform Fire Division.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a 60-day suspension.

A-18 LOUIS WEBSTER

Louis Webster, Human Services Assistant, Trenton Psychiatric Hospital, Department of Human Services, removal effective January 3, 2000, on the charge of physical abuse of a patient.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

SECTION B - MISCELLANEOUS MATTERS

B-1 JAMES CAVALLARO, JR.

James Cavallaro, Jr., appeals his rejection as a Police Officer candidate by the Borough of Sayreville 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 BRIAN COLATRELLA

Brian Colatrella, represented by David C. Stanziale, Esq., appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-3 JAMES DANIEL

James Daniel appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-4 WALTER EVERS

Walter Evers, represented by Thomas J. Walsh, Esq., appeals his rejection as a Police Officer candidate by the City of Elizabeth 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-5 MICHAEL S. BARRETT

Michael S. Barrett appeals his rejection as a Correction Officer Recruit candidate by the New Jersey Department of Corrections and its request to remove his 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 tis appeal be granted.

B-6 JAMES BOWERS

James Bowers appeals his rejection as a Correction Officer Recruit candidate by the New Jersey Department of Corrections and its request to remove his 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-7 MICHELLE MCGHEE

Michelle McGhee 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-8 WAYNE NORTON

Wayne Norton appeals his rejection as a County Correction Officer by Camden County and its request to remove his name from the eligible list for County Correction Officer 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-9 MICHAEL S. PRICHETT

Michael S. Prichett appeals his rejection as a Correction Officer Recruit candidate by the New Jersey Department of Corrections and its request to remove his 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-10 JOSEPH L. SCHUSTER

Joseph L. Schuster appeals his rejection as a Correction Officer Recruit candidate by the New Jersey Department of Corrections and its request to remove his 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-11 JACK BALMER

Jack Balmer, a Correction Sergeant with Garden State Reception and Youth Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-12 RHONDA C. BROWN

Rhonda C. Brown, a Residential Services Worker 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-13 JOSEPH F. BRUNO, JR.

Joseph F. Bruno, Jr., a Senior Research Analyst with the Division of Motor Vehicles, Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.

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

B-14 HEDWIG CIERNIAK

Hedwig Cierniak, a Personnel Assistant 1 with the Office of the Attorney General, Department of Law and Public Safety, appeals the denial of sick leave injury (SLI) benefits.

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

B-15 MICHAEL FINIZIO

Michael Finizio, an Auditor 3 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-16 LILLIAN FOSTER

Lillian Foster, a former Senior Right of Way Negotiator with the Department of Transportation, represented by John E. MacDonald, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-17 DONALD L. JOHNSON

Donald L. Johnson, a Maintenance Worker - Board Operator with the Division of State Police, Department of Law and Public Safety, appeals the denial of sick leave injury (SLI) benefits.

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

B-18 JOYCE LABRUZZA

Joyce LaBruzza, a Physical Therapy Assistant with Woodbridge Developmental Center, Department of Human Services, represented by Alan Roth, Esq., appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board granted a hearing.

B-19 JOSEPH MULEWSKI

Joseph Mulewski, a Project Manager (Data Processing) with the Office of Information Technology, appeals the denial of sick leave injury (SLI) benefits.

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

B-20 MARIA ORSINI-TUFO

Maria Orsini-Tufo, a Microbiologist 3 with the Department of Health and Senior Services, appeals the denial of sick leave injury (SLI) benefits.

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

B-21 KEITH L. RIEGEL

Keith L. Riegel, a Senior Correction Officer at Southern State Prison, Department of Corrections, represented by Daniel Geddes, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-22 RONALD J. BATKO

Ronald J. Batko, represented by David J. DeFillippo, Esq., appeals the bypass of his name for appointment from the Police Lieutenant (PM3205S), Borough of Sayreville promotional list.

ACTION: The Merit System Board granted a hearing.

B-23 CHARLES W. BUCHMAN

Charles W. Buchman, represented by Michael D. Miller, Esq., appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999V), Camden City, on the basis of an unsatisfactory driving record.

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

B-24 CHIN-YU CHEN

Chin-Yu Chen appeals the determination of Human Resource Information Services, which found that the Department of the Treasury had presented a sufficient basis to remove the appellant's name from the Accountant 3 (S6221A) eligible list, on the basis that she lacked the required education.

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

B-25 BRUCE C. COOKE

Bruce C. Cooke appeals the decision of Selection Services which found that the Juvenile Justice Commission had presented a sufficient basis to remove his name from the list for Parole Officer Recruit (S0102O), Juvenile Justice Commission, based on a failure to appear for preemployment processing.

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

B-26 STEVEN H. DILKS

Steven H. Dilks, represented by John F. Pilles, Jr., Esq., appeals the decision of Selection Services, which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999W), City of Camden, on the basis of an unsatisfactory criminal and driving record.

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

B-27 KEVIN GEORGE

Kevin George appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Fire Fighter (M9064S), City of Camden, on the basis of an unsatisfactory criminal record.

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

B-28 WILLIAM J. GUNNER

William J. Gunner 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 special reemployment list for Senior Environmental Specialist, Department of Environmental Protection, on the basis of his failure to respond to the certification notice.

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

B-29 FELICIA HINES

Felicia Hines appeals the decision of Selection Services which found that the Department of Corrections had presented a sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9999W) eligible list due to an unsatisfactory driving record.

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

B-30 RALPH LUBIN

Ralph Lubin, represented by Arnold S. Cohen, Esq., appeals the decision of Selection Services which found that Hudson County had presented a sufficient basis to remove the appellant's name from the County Correction Officer (S9999W) eligible list, due to an unsatisfactory employment history.

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

B-31 ERIC M. MCROY

Eric M. McRoy, represented by Philip J. Moran, Esq., appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999W), City of Trenton, on the basis of his failure to meet the residency requirement.

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

B-32 WOODROW MCDOWELL

Woodrow McDowell appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for County Correction Officer (S9999W), Passaic County, on the basis of an unsatisfactory driving record and the falsification of his employment application.

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

B-33 JELANI NYAHUMA

Jelani Nyahuma, a Senior Correction Officer with the Department of Corrections, represented by Robert A. Fagella, Esq., appeals the decision of Selection Services which upheld the bypass of his name on the list for Correction Sergeant (PS7099I).

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

B-34 PETER L. PALUMBO

Peter L. Palumbo appeals the decision of Selection Services which upheld his bypass on the promotional list for Sheriff's Officer Sergeant (PC0365T), Essex County.

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

B-35 PATRICIA SHUFORD

Patricia Shuford 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 Police Officer (M3394Y), City of Newark, for failure to meet the age requirement for the position.

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

B-36 JOHN L. SIMMONS

The appointing authority for Vineland City School District appeals the decision of Human Resource Information Services which denied its request to remove John L. Simmons' name from the eligible list for Computer Services Technician (M0959A).

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

B-37 KENNETH SMITH

Kenneth Smith appeals the decision of Selection Services, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9998U) eligible list as a result of the falsification of his employment application.

ACTION: The Merit System Board directed that this appeal be granted and the appellants name be restored to the eligible list.

B-38 RAYMOND J. TOPPING

Raymond J. Topping appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for County Correction Officer (S9999W), Passaic County, on the basis of a false statement of material fact.

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

B-39 ELEANOR WARD

Eleanor Ward appeals the decision of Human Resource Information Services, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Principal Clerk Bookkeeper (S0195O) eligible list due to her failure to respond to the Notification of Certification.

ACTION: The Merit System Board directed that this appeal be granted and the appellants name be restored to the eligible list.

B-40 TIFFANY P. WILLIAMS

Tiffany P. Williams appeals the decision of Human Resource Information Services, which found that the appointing authority had presented a sufficient basis to remove her name from the eligible list for Legal Secretary 2 (S0462A), Department of Transportation, on the basis of her failure to respond to the certification notice.

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

B-41 SCOTT SISTA

Scott Sista, represented by Craig S. Gumpel, Esq., requests that the Merit System Board revive the eligible list for Correction Officer Recruit (S9999W), Department of Corrections, to provide him with an opportunity to be considered for appointment consistent with the determination of Selection Services. He also requests back pay and counsel fees.

ACTION: The Merit System Board directed that the Correction Officer Recruit (S9999W) list be revived, but denied back pay and counsel fees.

B-42 DONNA L. VILLECCA

Donna L. Villecca, represented by John F. Pilles, Jr., Esq., appeals the Department of Community Affairs' failure to notify her of the open competitive examination for Paralegal Technician I (S0550B).

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

B-43 ASSISTANT SUPERVISING MAINTENANCE REPAIRER (PM2297A), PASSAIC VALLEY WATER COMMISSION

The appointing authority's failure to properly dispose of the certification for Assistant Supervising Maintenance Repairer, while a provisional appointee is serving in the title, has been referred to the Merit System Board for enforcement.

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

B-44 JOINT ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST, IN THE MATTER OF G.H. V. DIVISION OF YOUTH AND FAMILY SERVICES, DEPARTMENT OF HUMAN SERVICES

Administrative Law Judge (ALJ) John R. Futey issued an Order of Consolidation and Predominant Interest in the above-captioned matters. In that order, the ALJ determined that the matters be consolidated and that the Merit System Board (Board) had the predominant interest. Based on the ALJ's Order, the Board and the Division of Youth and Family Services (DYF) developed a joint order modifying the ALJ's Order to allow for DYFS to have the predominant interest.

ACTION: The Merit System Board adopted the joint order.

B-45 BAZYT BERGUS

The City of Newark, represented by Michelle Blake-Smith, Assistant Corporation Counsel, petitions the Merit System Board for a stay of its decision in In the Matter of Bazyt Bergus (MSB, decided December 19, 2000) pending its appeal to the Appellate Division of the Superior Court of New Jersey.

ACTION: The Merit System Board denied the request for a stay.

VOTE:

B-46 FRANCES COHAN

The appeal of Frances Cohan, a Housing Manager with the North Bergen Housing Authority (NJHA), of her removal, effective November 25, 1997, on charges, was heard by Administrative Law Judge Maria Mancini LaFiandra (ALJ), who rendered her initial decision on December 12, 2000. At its meeting on March 13, 2001, the Merit System Board (Board) adopted the ALJ's recommendation 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.

B-47 CATHERINE CERWINSKI

The appeal of Catherine Cerwinski, a Senior Clerk Typist with the City of Jersey City, of her removal effective October 30, 1998 on charges, was heard by Administrative Law Judge Edith Klinger (ALJ), who rendered her initial decision on March 2, 2001. At its meeting on April 10, 2001, the Merit System Board did not adopt the ALJ's recommendation to uphold the removal and impose an additional three-month suspension. Rather, the Board ordered that the matter be remanded to the Office of Administrative Law. The proposed decision is now submitted for the Board's review.

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

B-48 ROBERT HOBBS

The appeal of Robert Hobbs, an Assistant Food Service Supervisor at Riverfront State Prison, Department of Corrections, of his 10-day suspension on charges, was heard by Administrative Law Judge Robert W. Scott (ALJ), who rendered his initial decision on March 2, 2001, modifying the 10-day suspension to a five-day suspension. At its meeting on April 10, 2001, the Board did not adopt the ALJ's recommendation. Rather, the Board modified the penalty to a two-day suspension. The proposed final decision is now submitted for the Board's review.

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

B-49 SWAPAN BASU

Swapan Basu appeals the determination of the Division of Selection Services which found that he did not provide an evaluated foreign transcript for the open competitive examination for Administrative Analyst (M6766A), City of Jersey City.

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

B-50 GAIL V. BIRKLAND AND STACEY A. COLEMAN

Gail V. Birkland and Stacey A. Coleman appeal the determination of the Division of Selection Service, which found that they did not meet the experience requirements for the promotional examination for Training Technician (PC1811W), Passaic County.

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

B-51 DEBORAH BREITWEISER

Deborah Breitweiser 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 Clerk (PC0505B), Middlesex County.

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

B-52 DIANE BRINKER

Diane Brinker appeals the determination of the Division of Selection Services which found that per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Administrative Assistant 2 (PS2864I), Department of Corrections.

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

B-53 JOSEPH CALAFIORE

Joseph Calafiore, represented by Darryl W. Siss, Esq., appeals his ineligibility as a Sheriff's Officer candidate for the County of Passaic.

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

B-54 JEAN CAUGHEY

Jean Caughey appeals the determination of the Division of Selection Services which found that appellant did not meet the experience requirements for the promotional examination for Supervising Library Assistant (PM0104B), Borough of Rutherford.

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

B-55 BARBARA A. CUCCAGNA

Barbara Cuccagna appeals the determination of the Division of Selection Services which found that she did not meet the experience requirement for the Medical Review Analyst (PS5988K), Division of Medical Assistance and Health Services, Department of Human Services, promotional examination.

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

B-56 JOYCE FERRARO

Joyce Ferraro appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Quality Assurance Specialist, Health Services (PS8329K), Greystone Park Psychiatric Hospital.

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

B-57 ELAINE FERRY

Elaine Ferry appeals the determination of the Division of Selection Services which found that she did not meet the experience requirement for the Office Supervisor (PC0047B), Bergen County, promotional examination.

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

B-58 LEONORA HANS

Leonora Hans appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Assistant Assessor (PM2291A), Lakewood Township.

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

B-59 MELINDA JEFFERSON, ET AL.

Melinda Jefferson, Robin Perkins and Gwendolyn Thomas appeal the determination of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Records Technician 2, Motor Vehicles (PS0136T), Department of Transportation.

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

B-60 JANE LYONS

Jane Lyons appeals the determination of the Division of Selection Services which found that she was ineligible for the promotional examination for Principal Engineer Materials (PS2441T), due to her not being permanent in a title to which the examination was open and Principal Engineer Planning (PS2463T) and Principal Engineer Transportation (PS2454T), due to her not being employed in the announced unit scope.

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

B-61 PATRICIA A. MANTONE

Ervin L. Haynes, President, Board of Trustees, Jersey City Public Library, on behalf of Patricia A. Mantone, appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Personnel Officer (PM2159A), Jersey City Public Library.

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

B-62 JOANN POLIDORO

JoAnn Polidoro appeals the determination of the Division of Selection Services, which found that per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Personnel Assistant 4 (PS0515K), New Lisbon Developmental Center.

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

B-63 SHIRLEY RAGHUBAR

Shirley Raghubar appeals the determination of the Division of Selection Services, which found that she did not meet the residency requirements for the open competitive examination for Claims Examiner, Unemployment and Disability Insurance (S0582B).

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

B-64 WILLIAM L. REYNOLDS

William L. Reynolds appeals the determination of the Division of Selection Services which found that he did not meet the experience requirement for the Medical Review Analyst (PS5988K), Division of Medical Assistance and Health Services, Department of Human Services, promotional examination.

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

B-65 LORETTA M. RUBINO

Loretta M. Rubino 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 Bookkeeper (PS7331I), Albert C. Wagner Youth Correctional Facility.

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

B-66 MARION L. SHUMPERT

Gary A. Saage, former Municipal Manager, Township of Teaneck, on behalf of Marion L. Shumpert, appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the Principal Payroll Clerk Typing (PM0370B), Township of Teaneck, promotional examination.

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

B-67 DONNA M. SIDOTI

Donna M. Sidoti appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Program Monitor (PM0883A), Clifton.

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

B-68 PATRICIA SMITH

The Assistant Director of Human Resources, Ann Klein Forensic Psychiatric Center, on behalf of Patricia A. Smith, appeals the determination of the Division of Selection services which found that she was below the minimum requirements in experience for the promotional examination for Principal Clerk Typist (PS9980K), Ann Klein Forensic Psychiatric Center.

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

B-69 MARY ANN STAMM

Mary Ann Stamm appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Data Base Analyst 2 (PS5863K), Division of Medical Assistance and Health Services, Department of Human Services.

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

B-70 BRUCE WITKOWSKI

Bruce Witkowski appeals the determination of the Division of Selection Services, which found that he did not meet the educational requirement for the promotional examination for Manager 4, Waste Management (Engineering and Planning) (PS0202G), Department of Environmental Protection.

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

B-71 JAMES O'CONNOR

James O'Connor appeals his score for the examination for Police Captain (PM3561A), Newark.

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

B-72 JAMES PHILLIPS

James Phillips appeals his score for the examination for Police Captain (PM3581A), Camden City.

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

B-73 DENNIS QUINLAN

Dennis Quinlan appeals his score and rank on the promotional examination for Equipment Operator (PC0038A), Middlesex County.

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

B-74 STEPHEN H. LASALA

Stephen H. LaSala appeals the determination of the Division of Selection Services which found that he was not permanent in a title to which the promotional examination for Supervising Librarian (PC0643A), Ocean County, was open.

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

B-75 MARCIA COOPER AND MIRIAM ROMAN-MOYA

The Deputy Director, Division of Selection Services, on behalf of the Camden County Board of Social Services, requests that the out-of-title work experience performed by Marcia Cooper and Miriam Roman-Moya be accepted to satisfy the experience requirements for admittance to the promotional examination for Human Services Specialist 1 (PC1893B), Camden County Board of Social Services.

ACTION: The Merit System Board granted the request.

B-76 ELAINE FABRIZIO

The Deputy Director, Division of Selection Services, on behalf of the Department of the Treasury, requests that Elaine Fabrizio's out-of-title work experience be accepted to qualify her for a prospective promotional examination for the title of Senior Technician, Management Information Systems.

ACTION: The Merit System Board granted the request.

B-77 MARY JANE JAMISON

The Deputy Director, Division of Selection Services, on behalf of the Monmouth County Division of Social Services, requests that Mary Jane Jamison's out-of-title work experience be accepted to qualify her for a prospective promotional examination for the title of Personnel Assistant.

ACTION: The Merit System Board granted the request.

B-78 DONNA LENNON

The Deputy Director, Division of Selection Services, on behalf of the Department of Transportation, requests that Donna Lennons' out-of-title work experience be accepted to qualify her for a prospective promotional examination for the title of Secretarial Assistant 3, Non-Stenographic.

ACTION: The Merit System Board granted the request.

B-79 DENNIS QUINLAN

Dennis Quinlan appeals the determination of the Division of Selection Services which found that he was not permanent in a title to which the promotional examination for Senior Park Maintenance Worker (PC0140A), Middlesex County, was open.

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

B-80 MANOLO F. CAPILI

Manolo F. Capili appeals the decision of the Division of Selection Services, which declined to reschedule a date for him to review the promotional examination for Project Engineer, Utilities (PS9092T), Department of Transportation.

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

B-81 MARK HERKOPEREC

The Township of Edgewater Park, represented by James M. Vogdes, III, Esq., appeals the determination of the Director, Office of Intergovernmental Services, which denied its request for the transfer of Mark Herkoperec from Sheriff's Officer, Burlington County Sheriff's Office to Police Officer, Township of Edgewater Park Police Department.

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

B-82 DONALD BUDDEN

Donald Budden appeals the denial of his request for a make-up examination for Police Sergeant (PM2539B), Gloucester City.

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

B-83 MARYANN ATCHINSON ET AL.

Maryann Atchison, Ruth Blauth, Audrey L. Russell, Josephine Murphy and Marie Young appeal the validity and content of the promotional examinations for Senior Operator Automated Typewriter (PS8735J), and Operator Automated Typewriter (PS8732J), The College of New Jersey.

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

B-84 ANTHONY DECICCO

The Director, Division of Human Resource Management, on behalf of the Town of Hammonton, requests that Anthony DeCicco be permitted to serve a working test period in the title of Senior Sewage Plant Operator/Senior Sewer Repairer while serving provisionally in the Sewage Plant Superintendent/Sewer Superintendent title.

ACTION: The Merit System Board granted the request.

VOTE:

B-85 MARY JANE MELINI

Mary Jane Melini petitions the Merit System Board for reconsideration of the decision rendered on March 13, 2001 which found that she did not meet the experience requirements for the open competitive examination for Adjuster 2, Unsatisfied Claims and Judgement Fund (S6340B).

ACTION: The Merit System Board granted the request.

B-86 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of April 24, 2001 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of April 24, 2001.

B-87 ANGELA O'KAFOR

Angela O'Kafor, a Senior Correction Officer at Riverfront State Prison, Department of Corrections, represented by Nicola L. Masciarella, Esq., petitions the Merit System Board for interim relief with regard to her removal on charges.

ACTION: The Merit System Board denied the request.

B-88 EARLY SETTLEMENTS

Michael Biluck
Highway Department
Burlington County
3-month suspension

Maria Colon
Woodbine Developmental Center
Department of Human Services
10-day suspension

Stanley Lewis
Vineland Developmental Center
Department of Human Services
20-day suspension

Walter Mills
Woodbine Developmental Center
Department of Human Services
Resignation not in good standing

Carmine Pasquale
Division of Youth and Family Services
Department of Human Services
Removal

Geraldine Sims
Sheriff's Department
County of Monmouth
30-day suspension

ACTION: The Merit System Board acknowledged the settlement.

There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, May 22, 2001, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

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JANICE MITCHELL MINTZ
COMMISSIONER
MERIT SYSTEM BOARD