Janice Mitchell Mintz, Chairwoman
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, July 10, 2001, in Trenton, New Jersey.

PRESENT: Chairwoman Janice Mitchell Mintz, Merit System Board Members, Alan Dexter Bowman, Margaret E.L. Howard, Judith L. Shaw, 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.

DATE: June 26, 2001

TO: Janice Mitchell Mintz, Commissioner
Department of Personnel

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

FROM: Marjorie A. Schwarz, Director
Division of Human Resource Management

SUBJECT: Change in the State Classification Plan - Reevaluation of Title

DEPARTMENT OF HUMAN SERVICES
The Department of Human Services has requested a reevaluation of the title, District Office Manager 1, Youth and Family Services.

The department reasons that since the mission of the Division of Youth and Family Services is to deliver social services to New Jersey's most troubled children and families, this change for the District Office Managers will enable them to better service those in need. The role of Manager has changed significantly from front line supervisors to major participants in the design and implementation of policy. The complexity of the day to day operations coupled with changes in the State and federal requirements and division mandates have dramatically expanded administrative accountability. These positions are responsible for the work activities of district office operations including budgeting, management, directing and evaluating outputs to insure conformance with the purpose and scope of division goals and objectives.

The justification for this action is the expansion of the scope of accountability and freedom of action for all the office managers, empowering the positions with immediate remedial authority and responsibilities. Additionally, these positions are required to make quick, on the spot decisions which may affect the lives of clients, children and adults. Notwithstanding the considerable increase in the area of independent judgement and freedom of action, the consequence of error impact has greatly increased. Matters of child protective services not only attract considerable public attention but also bear far more professional liability for service delivery than ever before.

In view of the above, we find the request to be warranted and are recommending Board approval for a reevaluation of the title, District Manager, Division of Youth and Family Services from a range M29 to a Range M32 effective May 5, 2001.

Janice Mitchell Mintz, Commissioner
Henry S. Maurer, Director
Merit System Practices and Labor Relations

If you have any questions regarding the matter, please contact me.

REEVALUATION OF TITLE
Effective Date: 05/05/01

District Office Manager 1, Youth and Family Services - 62140

From: M29 To: M32

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of James V. Contino
County of Ocean
Department of Transportation
Removal

In the Matter of Angelica Cortinas
County of Essex
Sheriff's Department
Suspension

In the Matter of Clara E. Fontaine
Northern State Prison
Department of Corrections
Removal

In the Matter of Jerry M. Heater
County of Sussex
Department of Health and Public Safety
Removal

In the Matter of Larry Horton
State of New Jersey Division of Revenue
Department of the Treasury
Suspension

In the Matter of Richard C. Lloyd
State of New Jersey
Department of Transportation
Removal

In the Matter of John Pezzino
Greystone Park Psychiatric Hospital
Department of Human Services
Removals (3)

In the Matter of Charles Talley
Township of Irvington
Department of Public Works
Suspension

In the Matter of Joseph Webb
County of Hudson
Register Department
Suspension

In the Matter of Joseph Wilke
City of Newark
Police Department
Removal

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

ACTION: The Merit System Board acknowledged the settlements with the exception of Jerry M. Heater, which was held over.

A-2 KURT ANDREWS
Kurt Andrews, Senior Investigator Secured Facilities, State of New Jersey, Special Investigation Division, demotion to Senior Correction Officer effective May 6, 2000, on the charge of inability to perform duties. Mr. Andrews also appeals his resignation in good standing, which he asserts was submitted under duress.

Recommendation of the Administrative Law Judge - Uphold the demotion and resignation in good standing.

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

A-3 RICHARD BORGES
Richard Borges, Police Officer, City of Newark, Police Department, 25-day suspension on charges of violations of Newark Police Department Rules and Regulations, conduct unbecoming a public employee, insubordination, socializing in court and other sufficient cause.

Recommendation of the Administrative Law Judge - Modify the 25-day suspension to a 15-day suspension.

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

A-4 THOMAS BURD

Thomas Burd, Senior Correction Officer, Mountainview Youth Correctional Facility, Department of Corrections, 30-day suspension on charges of insubordination: intentional disobedience or refusal to accept an order, assaulting or resisting authority, disrespect or use of insulting or abusive language to supervisor and other sufficient cause: violation of rules regarding personal conduct, safety and security precautions, and loss or careless control of firearms.

Recommendation of the Administrative Law Judge - Modify the 30-day suspension to a five-day suspension based on appointing authority's submission of an amended disciplinary action and refer the matter to the Commissioner of Personnel under minor disciplinary rules.

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

A-5 KENNETH FREEMAN
Kenneth Freeman, Senior Investigator Secured Facilities, Special Investigations Division, Department of Corrections, 15-day suspension on the charge of other sufficient cause: personal conduct and falsification, intentional misstatement of material fact in connection with work, employment, application, attendance, or in any record, report, investigation or other proceeding.

Recommendation of the Administrative Law Judge - Reverse the 15-day suspension.

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

A-6 TINA GROVER-DIETZ
Tina Grover-Dietz, Manager 2, Human Resources, Greystone Park Psychiatric Hospital, Department of Human Services, resignation not in good standing effective June 18, 1999, on the charge of abandonment of job as a result of absence from work as scheduled without permission for five consecutive days.

Recommendation of the Administrative Law Judge - Modify to a resignation in good standing.

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

A-7 DONALD HAVILAND
Donald Haviland, Unemployment Insurance Clerk, New Jersey Department of Labor, 30-day suspension on charges of unauthorized absences and violation of the Department of Labor attendance and leave policy.

Recommendation of the Administrative Law Judge - Uphold the 30-day suspension.

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

A-8 JEANINE A. BOMAR
Jeanine A. Bomar, Senior Correction Officer, Juvenile Justice, Juvenile Justice Commission, Department of Law and Public Safety, removal effective June 29, 2000, on charges of conduct unbecoming a public employee, and other sufficient cause: defined as violation of Juvenile Justice Law Enforcement personnel rules and regulations, conduct unbecoming a public employee and improper or unauthorized contact with an inmate - undue familiarity with parolees, inmates, their families or friends.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-9 KIMBERLY BUCKLE
Kimberly Buckle, Human Services Assistant, Woodbine Developmental Center, Department of Human Services, removal effective November 2, 2000, on charges of chronic or 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-10 DAVID CUCCOLO
David Cuccolo, Police Officer, City of Newark, Police Department, removal effective November 12, 1998, on charges of violations of Newark Police Department Rules and Regulations: conduct in public and private, responsibility for own actions, knowledge of crime, association with the criminal element, performance, bound by duty, subpoenaing or summoning, games of chance, false statement and disobedience of orders.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-11 DONALD NELSEN (REMAND)
Donald Nelsen, Senior Correction Officer, East Jersey State Prison, Department of Corrections, removal effective February 17, 1995, on charges of conduct unbecoming a public employee and other sufficient cause: falsification, intentional misstatement of a material fact in connection with work, intentional abuse or misuse of authority or position, insubordination.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

SECTION B - MISCELLANEOUS MATTERS
B-1 NANCY GUTIERREZ
Nancy Gutierrez, represented by Anthony J. Fusco, Jr., Esq., appeals her rejection as a Police Officer candidate by the City of Newark and its request to remove her 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 JAMES JEAN
James Jean appeals the removal of his name from the (S9999A), Department of Corrections eligible list for the title of Correction Officer Recruit on the basis of psychological unfitness.

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

B-3 JAMES JEAN
James Jean appeals the removal of his name from the (S9999W), County of Union eligible list for the title of Juvenile Detention Officer on the basis of psychological unfitness.

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

B-4 DARLENE D. PRATT
Darlene D. Pratt appeals the removal of her name from the (S9999A), County of Camden eligible list for the title of County Correction Officer on the basis of psychological unfitness.

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

B-5 HERMAN RODRIGUES
Herman Rodrigues appeals the removal of his name from the (S9999A), City of Elizabeth eligible list for the title of Police Officer on the basis of psychological unfitness.

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

B-6 ANGEL SUAREZ
Angel Suarez appeals the removal of his name from the (S9999A), Department of Corrections eligible list for the title of Correction Officer Recruit on the basis of psychological unfitness.

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

B-7 THOMAS S. THOMAS
Thomas S. Thomas appeals the removal of his name from the (M2031A), City of Trenton eligible list for the title of Fire Fighter on the basis of psychological unfitness.

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

B-8 DERRICK D. RICHARDSON
Derrick D. Richardson, represented by Mark Cimino, Esq., appeals the request by the New Jersey Department of Corrections to remove his name from the Correction Officer Recruit (S9999A) eligible list for medical unfitness to effectively perform the duties of the position.

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

B-9 GAIL HARRIS
Gail Harris, a Senior Parole Officer with the Department of Corrections, represented by Karol Corbin Walker, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-10 JANET V. HIGGS
Janet V. Higgs, a Medical and Health Services Temporary Employee with the New Jersey Veterans Memorial Home, Department of Military and Veterans Affairs, appeals the denial of sick leave injury (SLI) benefits.

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

B-11 HENRIETTA MACHOS
Henrietta Machos, a Teaching Assistant with Woodbridge Developmental Center, Department of Human Services, represented by Thomas W. Barlow, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-12 MAXINE SANDERS
Maxine Sanders, a Human Services Assistant with New Jersey Veterans Memorial Home, Vineland, Department of Military and Veterans Affairs, appeals the denial of sick leave injury (SLI) benefits.

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

B-13 MICHAEL ACOSTA
The Town of West New York (Town), represented by David F. Corrigan, Esq., appeals the decision of Selection Services which found that the Town improperly bypassed Michael Acosta on the Police Officer (S9999A), West New York, eligible list.

ACTION: The Merit System Board granted a hearing.

B-14 ELIZABETH ATKINS
Elizabeth Atkins, represented by William B. Hildebrand, Esq., appeals the decision of Human Resource Information Systems (HRIS) which upheld the bypass of her name on the Quality Assurance Coordinator Health Care Facilities (C6857A), Camden County Health Services Center eligible list.

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

B-15 JOHN BALANCE
John Balance, represented by Francine R. Foner, Esq., appeals the decision of Selection Services, which found that the appointing authority had sufficiently documented and supported its request to remove the appellant's name from the list due to an unsatisfactory background report.

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

B-16 BRUCE BURGESS
The Judiciary, Atlantic County Vicinage, appeals the decision of Human Resource Information Services which restored Bruce Burgess' name to the list for Probation Officer (S0442A). Additionally, Burgess appeals the removal of his name from the same list by the Monmouth County Vicinage.

ACTION: The Merit System Board granted the request to remove the appellant's name from the Probation Officer (S0442A) eligible list. The Merit System Board denied the appellant's request to be placed back on the Probation Officer (S0442A) list for the Monmouth County Vicinage.

B-17 JAMIE KOBLICK
Jamie Koblick appeals the decision of Human Resource Information Services which removed the appellant's name from the Environmental Specialist Trainee (S0469A), Department of Environmental Protection eligible list, due to the appellant's failure to appear for a scheduled interview.

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

B-18 CYNTHIA RUIZ
Cynthia Ruiz appeals the decision of Selection Services which removed the appellant's name from the Police Officer (S9999W), Camden City eligible list, due to the appellant's failure to respond to the certification notice.

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

B-19 MICHAEL E. WALKER
Michael E. Walker, represented by Anthony J. Fusco, Jr., Esq., appeals the decisions of Selection Services which found that the City of Clifton had presented a sufficient basis to remove the appellant's name from the Police Officer (S9999V and S9999W), City of Clifton, eligible lists on the basis of an unsatisfactory employment record and background report.

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

B-20 ALLISON ZIMA
Allison Zima appeals the decision of Human Resource Information Services (HRIS) which removed the appellant's name from the Community Program Specialist (S0403A), Department of Human Services eligible list, due to the appellant's failure to respond to the certification notice.

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

B-21 DAMON GALANO
Damon Galano, represented by Thomas J. Cammarata, Esq., requests that the Merit System Board review the certification of the list for Police Officer (S9999A), City of Bayonne, based on the fact that he received and passed a medical and psychological examination.

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

B-22 AUREA ALVARADO
Aurea Alvarado, a Secretarial Assistant 3 with the Juvenile Justice Commission, Department of Law and Public Safety, appeals the determination of the Attorney General, stating that the appellant failed to present sufficient evidence to substantiate her allegation that she had been subjected to inappropriate behavior in violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-23 BRENDA ARNOLD-LEE
Brenda Arnold-Lee, an Executive Assistant 2 with the Adult Diagnostic and Treatment Center, Department of Corrections (DOC), appeals the determination of the Director of the Equal Employment Division with the DOC, stating that the appellant failed to present sufficient evidence to support a finding of probable cause that she had been discriminated against based on her race and gender in violation of the New Jersey State Policy Prohibiting Discrimination, Harassment, or Hostile Environments in the Workplace.

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

B-24 JOHN W. ASHWELL, IV
John W. Ashwell, IV, a Senior Correction Officer at Riverfront State Prison (RSP), Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division (EED), with the DOC, stating that the appellant failed to present sufficient evidence to support a finding of probable cause that he had been discriminated against and harassed based on his race, sex, color and ancestry, in violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-25 JULIA ANN FULLER
Julia Ann Fuller, formerly a School Social Worker, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division (EED), with the DOC, stating that the appellant failed to present sufficient evidence to support a finding of probable cause that she had been discriminated against and harassed based on her race, sex, color and ancestry, in violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in Workplace.

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

B-26 JOHN ODEFEMI
John Odefemi, formerly a Head Nurse, 12 Months, Department of Human Services (DHS), appeals the determination of the Assistant Commissioner for Human Resources (HR), DHS, which found that the appellant failed to present sufficient evidence to support a finding of probable cause that he had been discriminated against and harassed based on his race, color, sex, national origin and reprisal, in violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-27 MAGGIE ROCK-ASENCIO
Maggie Rock-Asencio, a Senior Correction Officer at the Adult Diagnostic and Treatment Center, Department of Corrections (DOC), appeals the determination of the Director of the Equal Employment Division (EED), with the DOC, stating that the appellant had failed to present sufficient evidence to support a finding of probable cause that she had been retaliated against in violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

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

B-28 JEANNE C. ASPINALL
Jeanne C. Aspinall, a Human Services Technician with the Senator Garrett W. Hagedorn Psychiatric Hospital, Department of Human Services appeals the decision of the Assistant Commissioner for Human Resources denying her request for a reasonable accommodation.

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

B-29 JACQUELINE SCOTT
Jacqueline Scott, a Practical Nurse with Woodbridge Developmental Center (WDC), Department of Human Services (DHS), appeals the decision of the Assistant Commissioner for Human Resources denying her request for a reasonable accommodation.

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

B-30 JOSEPH GREIZA
Joseph Greiza, represented by James M. Mets, Esq., requests reconsideration of that portion of the Merit System Board final decision, rendered on April 30, 1996, which denied back pay and counsel fees in regard to his reinstatement to the title of Public Works Superintendent, City of Perth Amboy.

ACTION: The Merit System Board denied the request for reconsideration.

B-31 PETER VILLANI
Peter Villani, a former Sheriff's Officer with the Passaic County Sheriff's Department, petitions the Merit System Board for reconsideration of the final administrative decision, rendered February 25, 1997, modifying his 90-day suspension to a 48-day suspension, and upholding his removal.

ACTION: The Merit System Board denied the request for reconsideration.

B-32 VICTORIA GIBBONS
The Superior Court, Law Division, has referred to the Merit System Board (Board) the determination of the amount of back pay due to Victoria Gibbons as a result of the Board decision In the Matter of Victoria Gibbons (MSB, decided January 19, 1999).

ACTION: The Merit System Board granted the appellant additional back pay in the gross amount of $9,507.06, but denied the request for counsel fees.

B-33 LIONEL PASCALL
Lionel Pascall, Director of Quality Assurance, Greystone Park Psychiatric Hospital, Department of Human Services, represented by Daniel J. Zirrith, Esq., requests Merit System Board review of a grievance for an unsatisfactory Performance Assessment Review (PAR) rating and compensation for any lost salary or other economic benefits.

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

B-34 THOMAS BRODERICK
Thomas Broderick petitions the Merit System Board for enforcement of the final decision In the Matter of Thomas Broderick (MSB, decided August 29, 2000), which found that Jersey City had not established a basis to remove Broderick's name from the list for Police Officer (S9999W) based on medical unfitness for duty.

ACTION: The Merit System Board granted the request for enforcement.

B-35 CARL UNDERWOOD
Carl Underwood, a Senior Correction Officer at Adult Diagnostic and Treatment Center, Department of Corrections, represented by Rubin M. Sinins, Esq., seeks enforcement of the Merit System Board decision rendered on July 25, 2000, granting him back pay, benefits and seniority. Appellant also seeks interest on the back pay award and counsel fees.

ACTION: The Merit System Board awarded the appellant $160,929.84 for back pay and granted reimbursement for any overlap shift time, but denied the request for interest and counsel fees.

B-36 JACQUELINE MATHES ORDER OF CONSOLIDATION
Administrative Law Judge (ALJ) Maria Mancini LaFiandra issued an Order of Consolidation in the above-captioned matters. In that order, the ALJ determined that the matters be consolidated. Based on the ALJ's Order, the Board and the Public Employment Relations Commission (PERC) developed a joint order adopting the ALJ's Order. The proposed order is submitted for the Board's review.

ACTION: The Merit System Board adopted the joint order.

B-37 NORMAN HART
The appeal of Norman Hart, a County Correction Officer with Camden County, of two 30-day suspensions on charges, was heard by Administrative Law Judge M. Kathleen Duncan (ALJ), who rendered her initial decision on February 13, 2001, upholding both 30-day suspensions. At its meeting on June 12, 2001, the Merit System Board (Board) adopted the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-38 N.W. AND B.S.
The appeal of N.W., a Youth Worker Supervisor with the Arthur Brisbane Child Treatment Center (Brisbane), Department of Human Services, of his removal, effective March 10, 1998, on charges; and B.S., a Head Nurse also with Brisbane, of her 15-day suspension, was heard by Administrative Law Judge Beatrice S. Tylutki (ALJ), who rendered her initial decision on February 27, 2001, upholding the removal of N.W. and the 15-day suspension of B.S., and sealing the record pursuant to N.J.S.A. 9:6-8.10a and N.J.A.C. 1:1-14.1. At its meeting on June 12, 2001, the Board adopted the ALJ's recommendations. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-39 WILBERTO RIVERA
The appeal of Wilberto Rivera, a Police Sergeant with the City of Newark, of his 30-day suspension on charges, was heard by Administrative Law Judge Robert J. Giordano (ALJ), who rendered his initial decision on February 1, 2001, upholding the 30-day suspension. At its meeting on May 22, 2001, the Board adopted the ALJ's recommendation to uphold the 30-day suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-40 JOHN VALENTI
The appeal of John Valenti, a Traffic Maintenance Worker with Atlantic County, of his removal, effective October 18, 1996, on charges, was considered by Administrative Law Judge Lillard E. Law (ALJ), who rendered his initial decision on November 20, 2000. The Merit System Board, at its meeting on June 26, 2001, did not adopt the ALJ's recommendation to dismiss the matter. Rather, it acknowledged the settlement agreement reached by the parties providing for the appellant's resignation in good standing, effective October 18, 1996. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-41 CYNTHIA ALSTON, ET AL.
Cynthia Alston, Mirza Bright-Prevost, Assima Cromantie, Audra Curry, Trina Glass, Lawanda Herron, and Matthew Wilson appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for the open competitive examination for Paralegal Specialist (C1360B), Essex County.

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

B-42 SUSAN BAHRT
Susan Bahrt appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the open competitive examination for Health Care Facilities Evaluator 1 (S9077B).

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

B-43 BRIAN BANNISTER
Brian Bannister appeals the determination of the Division of Selection Services, which found that he was ineligible for the promotional examination for Therapy Program Assistant (PS0500K), Ancora Psychiatric Hospital, because he was not permanent in a title to which the examination was open.

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

B-44 KRISTA BERES
Krista Beres 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 Technical Assistant 1 Treasury (PS9125U), Department of the Treasury.

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

B-45 SUSAN BROWN
Susan Brown appeals the determinations 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 Office Automation Specialist 1 (PS7777K) and Office Automation Specialist 3 (PS6837K), Division of Family Development.

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

B-46 RICKEY COBB
Rickey Cobb appeals the determination of the Division of Selection Services, which found that per the substitution clause for education, he did not meet the experience requirements for the promotional examination for Office Automation Specialist 3 (PS7634K), Woodbridge Developmental Center.

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

B-47 VIOLET L. DAVILA
Violet L. Davila appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Senior Account Clerk (PM0432W), New Brunswick.

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

B-48 JULIE GILLIGAN, ET AL.
Julie Gilligan, Ann Paice, and Cynthia Parks appeal the determination of the Division of Selection Services that they did not meet the experience requirements for the promotional examination for Management Improvement Specialist 1 (PS7501K), Division of Youth and Family Services.

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

B-49 KEVIN GREENER
Kevin Greener appeals the determination of the Division of Selection Services, which found that he failed to meet the experience requirement for the open competitive examination for Hazardous Site Mitigation Specialist 4 (S6297B).

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

B-50 J. EDWIN HERBERT
J. Edwin Herbert appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in education for the open competitive examination for Hazardous Site Mitigation Specialist 4 (S6297B).

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

B-51 JUDITH A. HINES
Judith A. Hines appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Management and Operations Analyst 2 (PS8927G), Department of Environmental Protection.

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

B-52 MEILIN LIN
Meilin Lin 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 Supervisor of Inspections, Long-Term Care Facilities (PS0621H), Department of Health and Senior Services.

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

B-53 JUDY A. MARSHALL-COOK
Judy A. Marshall-Cook 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 Supervisor of Inspections, Long-Term Care Facilities (PS0621H), Department of Health and Senior Services.

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

B-54 ELIZABETH A. MCGINNIS AND MICHAEL RICHMAN
Elizabeth A. McGinnis and Michael Richman appeal the determination of the Division of Selection Services that they did not meet the experience requirements for the promotional examination for Management Improvement Specialist 1 (PS7501K), Division of Youth and Family Services.

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

B-55 SHARON ROSENBERGER
Sharon Rosenberger appeals the determination of the Division of Selection Services which found that, per the substitution clause, she was below the minimum requirements in experience for the promotional examination for Administrative Assistant 3 (PS0523K), Division of Youth and Family Services.

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

B-56 JOHN SMATUSIK, III
John Smatusik III appeals the determination of the Division of Selection Services which found that he did not meet the experience requirement for the promotional examination for Heavy Equipment Operator (PM2339A), Jackson Township.

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

B-57 GWENDOLYN A. SPANN
Gwendolyn A. Spann appeals the determination by the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Technical Assistant 1, Community Affairs (PS0413D), Department of Community Affairs.

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

B-58 MICHAEL J. TALMADGE
Michael J. Talmadge appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for the "dual" title of Municipal Parks Superintendent/Superintendent of Recreation (PM0710A), Rockaway Township.

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

B-59 LYNN VANCAMP
Lynn VanCamp 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 Forensic Scientist (S0617B).

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

B-60 GARRICK WADDY
Garrick Waddy appeals the determination of the Division of Selection Services, which found that he was ineligible for the promotional examination for County Correction Lieutenant (PC2638B), Camden County.

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

B-61 KATHLEEN WHITE
Kathleen White appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Fiscal Analyst (PS9319K), Division of Family Development.

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

B-62 SHAZALIZA E. WILLIAMS
Shazaliza E. Williams 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 Electrical Mechanic (S0597B).

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

B-63 KAREN A. ZUCKER
Karen A. Zucker appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Senior Management Assistant (PS8986J), Thomas A. Edison State College.

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

B-64 LORETTA FRANCO
Loretta Franco, represented by Sidney H. Lehmann, Esq., petitions the Merit System Board for reconsideration of In the Matter of Loretta Franco, decided February 14, 2001, in which her appeal of ineligibility for the promotional examination for Administrative Analyst 1 (PS9180P), Juvenile Justice Commission was denied.

ACTION: The Merit System Board denied the request for reconsideration.

B-65 VITTAL R. SITARAM
Vittal Sitaram appeals the determination of the Division of Selection Services concerning his score and rank on the promotional list for Chief, Bureau of Materials, Transportation (PS5786T), Department of Transportation.

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

B-66 ROBERT CARNEVALI
The Deputy Director, Division of Selection Services, on behalf of the Department of Agriculture, requests that Robert Carnevali's out-of-title work experience be accepted to qualify him for a prospective promotional examination for the title of Network Administrator 2.

ACTION: The Merit System Board granted the request.

B-67 RONALD KANT AND JOHN SEDLAK
The Director, Division of Selection Services, on the behalf of the Department of Environmental Protection, requests that Ronald Kant's and John Sedlak's out-of title work experience be accepted to satisfy the requirements for a qualifying examination for Data Base Analyst 1.

ACTION: The Merit System Board granted the request.

B-68 ROBERT SHAUGER
Robert Shauger appeals the administration of the examination for Police Sergeant (PM2568B), Borough of South Belmar. It is noted that the appellant failed the examination.

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

B-69 JOSE F. ZAPATA
Jose F. Zapata appeals the determination of the Division of Human Resource Management, which found that he lack the required amount of permanent status as of the closing date for the promotional examination for Boiler Operator (PM2015A), Jersey City School District.

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

B-70 SANDRA P. GAGNON
Sandra P. Gagnon appeals the beginning section of the grammar portion of the promotional examination for Supervisor 1 DMV (PS0138T) and Supervisor 2 DMV (PS9852T), Division of Motor Vehicles, Department of Transportation.

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

B-71 MIRIAM RIVERA
Miriam Rivera appeals the determination by the Division of Selection Services that she did not pass the qualifying examination for Social Worker 2.

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

B-72 PROPOSED AMENDMENTS TO N.J.A.C. 4A:2-2.12 MAJOR DISCIPLINE
It is recommended that the proposed amendments to N.J.A.C. 4A:2-2.12, which would establish counsel fee ranges and other reimbursable fees in major disciplinary matters be approved for publication in the New Jersey Register.

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

B-73 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of June 26, 2001 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of June 26, 2001.

B-74 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of June 12, 2001 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of June 12, 2001.

B-75 DERRICK COOPER
The appeal of Derrick Cooper, a Senior Correction Officer with Riverfront State Prison, Department of Corrections, of his removal, effective January 5, 1999, on charges, was heard by Administrative Law Judge Robert S. Miller (ALJ), who rendered his initial decision on May 4, 2001. The Merit System Board (Board), at its meeting on June 12, 2001, 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-76 DONNA HUGHES
The appeal of Donna Hughes, a Judiciary Account Clerk 2, Mercer Vicinage, Judiciary, of her removal based on a resignation not in good standing, effective December 27, 1999, was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on May 1, 2001. At its meeting on June 12, 2001, the Merit System Board did not adopt the ALJ's recommendation to reverse the removal. Rather, the Board ordered that the removal be modified to a resignation in good standing. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-77 CHARLOTTE JACOBY
The appeal of Charlotte Jacoby, a Residential Living Specialist with Vineland Developmental Center, Department of Human Services, of her removal, effective January 22, 2000 on charges was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on July 14, 2000. At its meeting on August 29, 2000, the Merit System Board (Board) ordered that the matter be remanded to the Office of Administrative Law (OAL). The Board considered the second ALJ initial decision at its meeting on May 8, 2001, but requested more information concerning the hearing record before the OAL. At its meeting on June 12, 2001, the 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-78 STEPHEN MCWHERTER
The appeal of Stephen McWherter, a Correction Lieutenant with Mid-State Correctional Facility, Department of Corrections, of his removal, effective June 29, 2000 on charges, was heard by Administrative Law Judge Joseph F. Fidler (ALJ), who rendered his initial decision on April 26, 2001. At its meeting on June 12, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to modify the appellant's removal to a 30-day suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-79 SANTA TYSON
The appeal of Santa Tyson, a Senior Correction Officer with the Albert C. Wagner Youth Correctional Facility, Department of Corrections, of her 10-day suspension on charges, was originally heard by Administrative Law Judge Beatrice S. Tylutki (ALJ), who rendered her initial decision on October 27, 2000, upholding the 10-day suspension. At its meeting on December 5, 2000, the Merit System Board (Board) ordered that this matter be remanded to the Office of Administrative Law. On remand, the ALJ, in her April 30, 2001 initial decision, upheld her prior decision. At its meeting on June 12, 2001, the Board adopted the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-80 JEFFREY A. CRAWFORD
The appeal of Jeffrey A. Crawford, an Electrician's Helper with Essex County, of the good faith of his layoff, effective December 31, 1999, was considered by Administrative Law Judge Margaret M. Monaco (ALJ), who rendered her initial decision on May 29, 2001. The Merit System Board (Board), at its meeting on June 26, 2001, adopted the ALJ's recommendation to acknowledge the settlement agreement reached by the parties providing for the appellant's reinstatement to this position. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-81 POLICE SERGEANT (PM3220S), JERSEY CITY
Robert Cairns, John Cavaliere, Mark Cowen, Kevin Guy, William Logan, Peter Mesa, Frank Scarpa and John Warlikowski, represented by Sanford Oxfeld, Esq., seek review of the good faith of their demotion from the title of Police Sergeant. Appellants also seek revival of the list for Police Sergeant (PM3220S), Jersey City, (certification PL9914442) as a special reemployment list. The Jersey City Police Officer's Benevolent Association (POBA), represented by Sidney H. Lehmann, Esq., opposes the request for reemployment rights and seeks to have Police Sergeant appointments made from the new Police Sergeant (PM2528A) eligible list. This matter was held over from the Board's meeting of June 26, 2001.

ACTION: The Merit System Board denied the request.

B-82 EARLY SETTLEMENTS
Ranulfo Raymundo
County of Union
Runnells Hospital
Removal

Luis Torres
New Jersey City University
6-day suspension

Carolyn Washington
County of Atlantic
Department of Human Services
Release at the end of the working test period

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, July 31, 2001, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
JANICE MITCHELL MINTZ
COMMISSIONER
MERIT SYSTEM BOARD