PRESENT: Chairwoman Janice Mitchell Mintz, Merit System Board Members, Margaret E.L. Howard, and Leo Vartan; Andrea Grundfest, 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. STATE

The Merit System Board recorded the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof.

DATE: July 31, 2001

TO: Janice Mitchell Mintz, Commissioner
Department of Personnel

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

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

SUBJECT: Change in State Classification Plan

DEPARTMENT OF ENVIRONMENTAL PROTECTION
The Division of Parks and Forestry has requested assistance in restructuring their organization in an effort to improve the efficiency and effectiveness of their services and deliver high quality interpretive educational programs to the more than fourteen million annual visitors to the Garden State parks, forests, recreational areas and historic sites.

In this vein, the division has established a statewide initiative, which identifies the inherent ecological, cultural, social and economic diversity within natural and historic resources. Significant progress has already been made in the hundreds of miles of trails, interpretive centers, restored historic villages, and environmentally friendly groups. The Division of Parks and Forestry's Statewide Interpretive Plan provides the framework for utilizing this enhancement and the existing experienced workforce to develop innovative and comprehensive interpretive and educational programs. It is anticipated that through these endeavors understanding of the importance of such critical issues as open space, farmland preservation, and historic and natural resource protection will emerge. In addition, future funding from the Garden State Preservation Trust will expand the division's landholdings.

The success of this program is predicated on the interpretive and educational efforts of highly skilled and knowledgeable human resources. The incumbents are currently classified as Naturalists, Caretakers, Historic Preservation Specialists and Visitor Services Assistants. In order to make the most effective use of available resources; extensive cross training is needed for these employees to become content and resource interpretive experts. The current titles are assigned to different salary ranges, class codes, and requirements. A consolidated title series is necessary to appropriately classify the unification of functions. The current Resource Interpretive Specialist series provides an appropriate base title structure. However due to limited experienced personnel resources, circumstances dictate the bifurcation of the entry and senior levels of the title series.

It is at these levels where expertise is obtained and staff development is essential, thus maximizing all available resources. Therefore, it is proposed that a base title be established at the 1 and 2 levels and variants in the Historic and Natural Resource areas created. Upon upward mobility within the series the need for bifurcation no longer exists as these are supervisory in nature and the incumbent should have achieved mastery skill. This organizational structure should provide the flexibility necessary to meet and exceed program goals and objectives.

In view of the above, we recommend approval of the creation of two new base titles at the entry and senior levels along with the establishment of two variant titles, Historic Resources and Natural Resources. Additionally, we are requesting approval for concurrent Title Verbiage changes for the Resources Interpretive Specialist 1 and 2 for in series consistency purposes.

If approved this consolidation will enable the inactivation of the Naturalist and Historic Preservation Specialist title series. Therefore, we are recommending approval for the concurrent elimination of these titles with an effective date of June 2, 2001.

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

DATE: July 24, 2001

TO: Janice Mitchell Mintz, Commissioner
Henry Mauer, Director, MSP & LR

FROM: Marjorie Schwartz
Director, HRM

SUBJECT: Change in State Classification Plan

The Department of Treasury has requested that the following job functions
be reallocated to the Senior Executive Service.

Your approval of the reallocation for the following position number from the
Unclassified Service to the Senior Executive Service is recommended. A review of the assigned job functions has been concluded and the position meets the standard established for inclusion in the Senior Executive Service.

This position is presently classified in the title of Project Specialist (X98).

The incumbent has agreed to be appointed to the Senior Executive Service to properly reflect the level of responsibility assigned to him.

This position will report to the Deputy Director of the Division of Property Management and Construction, an unclassified position, and has substantial managerial responsibilities. These responsibilities entail overseeing and administering all special project contracts awarded by the Division of Property Management and Construction. The projects include the construction of new facilities as well as the renovation and rehabilitation of existing facilities throughout the State. These projects are large and complex in nature, of high priority, or require special handling to serve the public interest. The incumbent will be responsible for overseeing all technical and administrative staff, project managers, outside consultants, architectural, and construction management firms employed by the Division.

The incumbent has significant responsibility for budgeting and funding issues; purchasing of service contracts; coordinating staffing resources; developing strategies for completion of special construction projects; and monitoring and evaluating progress of projects.

Based on the above information, it is recommended the encumbered
position be placed in the Senior Executive Service.

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

Michael Arcell, Police Officer, Town of Harrison, list removal.

Essie Baker, Family Service Specialist 3, Division of Youth and Family Services, Department of Human Services, suspension and 2 removals.

Helen Bowler, Institutional Attendant, County of Cumberland, removal.

Antonio Collazo, Security Officer, New Jersey City University, removal.

Richard J. Crawford, Senior Correction Officer, Bayside State Prison, Department of Corrections, resignation not in good standing.

Michael DePompeo, Fire Lieutenant, Township of Teaneck, demotion.

Edward Gerasimowicz, Police Sergeant, Department of Public Safety, Township of Lawrence, suspension.

Michael Gigante, Police Sergeant, Township of Deptford, bypass.

Charles Gormley, Electronics System Technician 1, Camden County Municipal Utilities Authority, good faith layoff.

James Graham, Cottage Training Supervisor, Hunterdon Developmental Center, Department of Human Services, resignation not in good standing.

Sanford M. Levine, Claims Adjudicator, Disability Determinations, Department of Labor, release at the end of the working test period.

Reginald Locke, Laborer, Department of Public Works, City of Linden, removal.

Cassandra Low, Clerk Transcriber, Department of Labor, release at the end of the working test period.

Les MacDonald, Sewage Plant Attendant, Camden County Municipal Utilities Authority, removal.

Kathryn McFadden, County Correction Officer, County of Burlington, removal.

Gregory Page, Senior Correction Officer, East Jersey State Prison, Department of Corrections, removal.

Rose Phillips, Institutional Attendant, Crest Haven Nursing Home, County of Cape May, removal.

Nicola Popolizio, Police Officer, City of Newark Police Department, suspension.

Edward Rojas, Senior Correction Officer, Special Investigation Division, Department of Corrections, demotion.

Ronnie Ruiz, Youth Worker, Division of Youth and Family Services, Department of Human Services, removal.

Donna Sanguinetti, Clerk Typist, City of North Wildwood, removal.

Lula Uttley, Food Service Worker, County of Cumberland, removal.

Billy Wright, Practical Nurse, Greystone Park Psychiatric Hospital, Department of Human Services, suspension.

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:

Michael Annarilli, Principal Sanitary Inspector, City of Vineland, removal.

Michele Bailey, Registered Nurse, County of Essex, release at the end of the working test period.

Camari Brown, Clerk Typist, Greystone Park Psychiatric Hospital, Department of Human Services, release at the end of the working test period.

Rose Brown, Nurse's Aide, County of Monmouth, release at the end of the working test period.

Patricia M. Carpenter, Clerk Typist, Rowan University, release at the end of the working test period.

Peter Christie, Institutional Trade Instructor 2, Juvenile Justice Commission, Department of Law and Public Safety, release at the end of the working test period.

Joseph Clark, Electrical Subcode Official, City of Egg Harbor, good faith layoff.

Earl E. Clouse, Jr., Senior Correction Officer, Edna Mahan Correctional Facility for Women, Department of Corrections, suspension.

Joyce Dunlap, Practical Nurse, Runnells Hospital, County of Union, suspension.

Julene Evans, Institutional Attendant, Preakness Hospital, County of Passaic, suspension.

Exelsa Factura, Institutional Attendant, Department of Human Services, County of Atlantic, removal.

Carmen Figgins, Principal Clerk Stenographer, Division of Developmental Disabilities, Department of Human Services, removal.

Sergio Gonzalez, Groundskeeper/Driver, County of Hudson, suspension.

James A. Holmes, Jr., Senior Correction Officer, Northern State Prison, Department of Corrections, removal.

Antwan Johnson, Senior Food Service Handler, Ancora Psychiatric Hospital, Department of Human Services, 4 removals.

Nancy McCall, Building Service Worker, County of Monmouth, suspension.

Emad Michael, Auditor Account Trainee Candidate, Department of the Treasury, list removal.

James Moffat, Data Processing Technician, County of Monmouth, release at the end of the working test period.

Michael Morrison, Police Officer, Newark Police Department, suspension.

Rafael Nieves, Human Services Assistant, Woodbine Developmental Center, Department of Human Services, removal.

Toyota Nixon, Senior Juvenile Detention Officer, County of Burlington, demotion.

Madeline Perez, Institutional Attendant, County of Camden, removal.

Cheray Quarles, Cottage Training Supervisor, Woodbridge Developmental Center, Department of Human Services, suspension.

Luis B. Rojas, Claims Adjudicator, Disability Determinations, Division of Human Resources, Department of Labor, release at the end of the working test period.

Robert Tone, Senior Correction Officer, East Jersey State Prison, Department of Corrections, suspension.

Robert S. Toth, Senior Correction Officer, New Jersey State Prison, Department of Corrections, suspension.

Melvin Woodson, Bridge Operator, Department of Public Works, County of Essex, resignation not in good standing.

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Rae Ann Brueche
County of Morris
Office of the Sheriff
Removal

In the Matter of David A. Butler
Township of Lawrence
Department of Public Works
Suspensions (2)

In the Matter of Jose Gonzalez
City of Passaic
Police Department
Suspension

In the Matter of Laura A. Huttenloch
County of Monmouth
Department of Corrections and Youth Services
Suspension

In the Matter of Beverly Ingram
Division of Youth and Family Services
Department of Human Services
Removal

In the Matter of Rose Johnson
Division on Civil Rights
Department of Law and Public Safety
Suspension

In the Matter of Norman Knight
East Jersey State Prison
Department of Corrections
Suspension

In the Matter of Charles Markovich
Edna Mahan Correctional Facility
Department of Corrections
Suspension

In the Matter of Benedict Nwaoha
Department of Treasury
List Removal

In the Matter of Emmanuel Ozrumba
Department of Treasury
List Removal

In the Matter of Anthony G. Panella
County of Monmouth
Department of Corrections and Youth Services
Suspension

In the Matter of Henry Taylor
City of Millville
Department of Public Works
Removal

In the Matter of Keith R. Trimmer
Mountainview Youth Correctional Facility
Department of Corrections
Suspension

In the Matter of Pauline William
County of Burlington
Buttonwood Hospital
Suspensions (4)

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

ACTION: The Merit System Board acknowledged the settlements.

A-2 DENISE COLE
Denise Cole appeals the decision of the Division of Human Resource Information Services, which determined that the appointing authority had presented a sufficient basis to bypass her name on the eligible list for Family Service Specialist Trainee (S60860), Division of Youth and Family Services, Department of Human Services.

Recommendation of the Administrative Law Judge - Uphold the list bypass.

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

A-3 ABDUL-GHAFUR FAIZ
Abdul-Ghafur Faiz, Senior Correction Officer, New Jersey State Prison, Department of Corrections, 30-day suspension on charges of incompetency, inefficiency or failure to perform duties, insubordination, neglect of duty and other sufficient cause: violations of guidelines related to safety and security precautions, neglect of duty, falsification, and insubordination.

Recommendation of the Administrative Law Judge - Modify the 30-day suspension to a 10-day suspension.

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

A-4 PABLO FONSECA
Pablo Fonseca, Chief Code Enforcement Officer, City of Newark, Department of Neighborhood and Recreational Services, 42-day suspension and demotion effective August 10, 1999, on charges of conduct unbecoming a public employee, neglect of duty, and other sufficient cause.

Recommendation of the Administrative Law Judge - Reverse the 42-day suspension and the demotion.

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

A-5 ANTOINETTE GLOVER
Antoinette Glover, Cottage Training Technician, Woodbridge Developmental Center, Department of Human Services, 15-day suspension on charges of neglect of duty, and/or willful failure to devote attention to tasks which resulted in injury to a client.

Recommendation of the Administrative Law Judge - Dismiss the appeal for failure to appear.

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

A-6 CLAUDE JOHNSON
Claude Johnson, Building Superintendent, City of East Orange, Library, 30-day suspension on charges of incompetency, inefficiency or failure to perform duties, chronic or excessive absenteeism and other sufficient cause.

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-7 KEVIN PHALON
Kevin Phalon appeals the decision of the Division of Human Resource Information Systems, which determined that the Town of West New York had presented a sufficient basis to remove his name from the Fire Fighter (M1517M) eligible list on the basis of non-residency.

Recommendation of the Administrative Law Judge - Uphold the removal from the eligible list for Fire Fighter.

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

A-8 SCOTT DRAHAM AND JOHN THAME
Scott Draham and John Thame, Senior Correction Officers, South Woods State Prison, Department of Corrections, removals effective October 8, 1999, on charges of other sufficient cause: physical or mental abuse of an inmate, patient, client, resident, or employee, 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 - Modify the removals to six-month suspensions, with no back pay.

ACTION: The Merit System Board modified the recommendation of
the Administrative Law Judge to uphold the removal.

A-9 ROHIN GLENN-EL
Rohin Glenn-El, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal effective March 7, 2000, 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 - Dismiss the appeal.

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

A-10 WINSTON MCKENZIE
Winston McKenzie, County Correction Officer, County of Middlesex, Department of Adult Corrections, removal effective July 28, 2000, on charges of general causes and neglect of duty.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-11 GAIL MURRAY
Gail Murray, Human Services Assistant, Woodbine Developmental Center, Department of Human Services, removal effective December 16, 1999, on charges of abuse of a patient and leaving assigned work area without permission creating a danger to persons.

Recommendation of the Administrative Law Judge - Reverse the removal.

ACTION: The Merit System Board modified the recommendation of the
Administrative Law Judge to a 10-day suspension.

A-12 KURT ANDREWS
Kurt Andrews, Senior Investigator Secured Facilities, Department of Corrections, 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 affirmed the recommendation of the
Administrative Law Judge.

A-13 JOSEPH COLLIER, ROBERT TOUISSANT, CLARENCE VANPELT AND HUGH VEREEN (CONSOLIDATION)
Joseph Collier and Hugh Vereen, Senior Correction Officers, Central Reception and Assignment Unit, Department of Corrections, were suspended for 20 days on the charge of falsification. Additionally, Robert Touissant, a Correction Lieutenant and Clarence Van Pelt, a Correction Sergeant, also with the Central Reception and Assignment Unit, Department of Corrections, were suspended for 45 days, on the charge of falsification.

Recommendation of the Administrative Law Judge - Reverse the 20-day suspensions imposed on Joseph Collier and Hugh Vereen and reverse the 45-day suspensions imposed on Robert Touissant and Clarence Van Pelt.

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

A-14 PAULETTE HARRIS
Paulette Harris, Cafeteria Manager, Jersey City School District, three-month suspension on the charge of conduct unbecoming an employee in the public service.

Recommendation of the Administrative Law Judge - Uphold the three-month suspension.

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

A-15 BRADLEY LEBLANC
Bradley LeBlanc appeals his bypass on the eligible list for Police Officer (M3384X), Lawrence Township based on claims of nepotism/favoritism.

Recommendation of the Administrative Law Judge - Uphold the eligible list bypass

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

A-16 FRANK MANZO
Frank Manzo, Medical Security Officer Recruit, Forensic Psychiatric Hospital, Department of Human Services, release at the end of the working test period effective July 15, 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-17 ABDULLAH SHARIFF (CONSOLIDATION)
Abdullah Shariff appeals his dismissal from the Essex County Police Academy for failing to pass his firearm qualifications and his termination from employment, effective June 13, 1997, from the Essex County Sheriff's Department.

Recommendation of the Administrative Law Judge - Consolidate the matters with predominant interest in the Police Training Commission, uphold the dismissal and the termination from employment.

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

A-18 SHAMEKA BROWN
Shameka Brown, Human Services Assistant, Vineland Developmental Center, Department of Human Services, removal effective December 21, 1999, on charges of physical abuse of a client, neglect of duty, and possession of an alcoholic beverage while on state property.

Recommendation of the Administrative Law Judge - Uphold the removal.

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

A-19 ERIC CERRA
Eric Cerra, Senior Correction Officer, Mountainview Youth Correctional Facility, Department of Corrections, removal effective November 30, 1998, on charges of conduct unbecoming a public employee and other sufficient cause: inappropriate physical contact or mistreatment of an inmate, patient, client, or employee; attendance; leaving assigned work area without permission creating danger to persons or property.

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

ACTION: The Merit System Board modified the recommendation of the
Administrative Law Judge to uphold the removal.

A-20 TYRONE GREEN
Tyrone Green, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal effective February 23, 1999, on the charge of physical abuse of a patient.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-21 JORGE PORRES
Jorge Porres, Police Officer, City of Union City, Department of Public Safety, removal effective January 14, 2000, on charges of conduct unbecoming a public employee, neglect of duty, and other sufficient cause.

Recommendation of the Administrative Law Judge - Reverse the removal.

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

A-22 FILOMENA GIANFRANCECO (CONSOLIDATION) - SETTLEMENT
Filomena Gianfrancesco, Labor Market Analyst, Planning and Analysis, Department of Labor, 1) 30-day suspension on charges of conduct unbecoming a public employee and violation of the leave and attendance policy, 2) removal effective September 15, 1999, on charges of insubordination, conduct unbecoming a public employee, neglect of duty, and unauthorized absence and violation of the attendance and leave policy. Settled to an ordinary disability retirement effective December 1, 1999 and reimbursement of 30 days back pay.

Recommendation of the Administrative Law Judge - Acknowledge the settlement.

ACTION: The Merit Board System acknowledge the settlement.

A-23 MICHAELE MILLER
Michaele Miller, Director of Nursing, County of Salem, Nursing and Convalescent Home, 60-day suspension on charges of incompetency, inefficiency or failure to perform duties. Settled to a leave of absence without pay and a lump sum payment.

Recommendation of the Administrative Law Judge - Acknowledge the settlement.

ACTION: The Merit System Board acknowledge the settlement.

SECTION B - MISCELLANEOUS MATTERS
B-1 MATTHEW CASAZZA
Matthew Casazza, represented by Merick H. Limsky, Esq., appeals his rejection as a Sheriff's Officer candidate by the County of Hudson and its request to remove his name from the eligible list for Sheriff's Officer on the basis of psychological unfitness to perform effectively the duties of the position.

ACTION: The Merit System Board referred the matter for independent
evaluation.

B-2 BRIAN GULLACE
Brian Gullace, represented by Sidney H. Lehmann, Esq., appeals his rejection as a County Correction Officer candidate by the County of Hudson and its request to remove his name from the eligible list for County Correction Officer on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-3 BRIAN GULLACE
Brian Gullace, represented by Sidney H. Lehmann, Esq., appeals his rejection as a Sheriff's Officer candidate by the County of Hudson and its request to remove his name from the eligible list for Sheriff's 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-4 MICHAEL LAWRINENKO
Michael Lawrinenko 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-5 MICHAEL A. PASTORIZA, JR.
Michael A. Pastoriza, Jr., represented by Michael Hanus, Esq., appeals his rejection as a County Correction Officer candidate by the County of Monmouth and its request to remove his name from the eligible list for County Correction Officer on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-6 MICHELLE SHELBORNE
Michelle Shelborne, represented by Frank M. Crivelli, Esq., appeals her rejection as a Police Officer candidate by the City of Passaic and its request to remove her name from the eligible list for Police Officer on the basis of psychological unfitness for perform effectively the duties of the position.

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

B-7 ELIZABETH ALVAREZ
Elizabeth Alvarez, a Teacher 3, 12 Months with the New Jersey Training School for Boys, Juvenile Justice Commission, appeals the denial of sick leave injury (SLI) benefits.

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

B-8 BARBARA J. AUGER
Barbara J. Auger, a Head Clerk with the Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.

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

B-9 LEONARD CARTER
Leonard Carter, a Senior Correction Officer with the Edna Mahan Correctional Facility, Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-10 MICHAEL W. COMPTON
Michael W. Compton, a Plumber and Steamfitter with Woodbridge 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 MAGDALENE EDWARDS
Magdalene Edwards, a Human Services Technician with the New Jersey Veterans' Memorial Home at Paramus, 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-12 JOSEPHINE GRABOW
Josephine Grabow, a Correction Lieutenant with the Adult Diagnostic and Treatment Center, Department of Corrections, represented by Mario A. Iavicoli, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-13 CLAIRE GROSS
Claire Gross, a Coordinator of Inspections (Long Term Care Facilities) 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 granted in
part.

B-14 MICHAEL IZZO
Michael Izzo, a Supervising Investigator, Taxation with the Department of the Treasury, represented by CWA Local 1033, appeals the denial of sick leave injury (SLI) benefits.

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

B-15 PATRICIA MYERS
Patricia Myers, a Cottage Training Technician with Vineland Developmental Center, Department of Human Services, represented by Linda T. Pirolli, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-16 ALBERT PAPP
Albert Papp, Jr., a Financial Examiner 3 with the Department of Banking and Insurance, represented by Anita Ashkinazy, Staff Representative, CWA Local 1033, appeals the denial of sick leave injury (SLI) benefits.

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

B-17 MACHELL PETTIS
Machell Pettis, a Senior Correction Officer with the Department of Corrections, represented by Mark D. Kurdyla, Esq., appeals the denial of sick leave injury (SLI) benefits.

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

B-18 EDWARD J. RAYMOND
Edward J. Raymond, an Engineering Technician 1 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-19 WIFFIE JEAN SAUNDERS
Wiffie Jean Saunders, a Cottage Training Technician with the Hunterdon 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-20 KATHLEEN SOMERS
Kathleen Somers, a Dental Hygienist 1 with Woodbine Developmental Center (WDC), 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-21 HORTENSE XENAKIS
Hortense Xenakis, a Senior Field Representative (Pharmaceuticals Health Facilities) 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 granted.

B-22 MARIE AFFRUNTI
Marie Affrunti appeals the decision of Human Resource Information Services which upheld the removal of her name from the special reemployment list for Regional Staff Nurse (Medical Assistance) due to her failure to respond to Notices of Certification and her failure to maintain an interest in the position.

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

B-23 REHANA CHOUDHURY
Rehana Choudhury 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 respond to the certification notice.

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

B-24 ANTHONY CLARK
Anthony Clark, represented by William D. Manns, Jr., Esq., appeals the decision of Selection Services which removed the appellant's name from the Police Officer (S9999V), City of Newark eligible list, due to the appellant's failure to respond to the certification notice.

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

B-25 GABRIEL LACONTE
Gabriel LaConte, represented by Gregory A. Busch, 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 Fire Fighter (M9059S), City of Newark, on the basis of his failure to meet the residency requirement.

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

B-26 NORBERTO SANSHEZ
Norberto Sanshez 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 Correction Officer Recruit (S9999W), Department of Corrections, on the basis of an unsatisfactory driving record.

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

B-27 MICHAEL STONE
Michael Stone appeals the decision of Selection Services which found that the appointing authority had sufficiently documented and supported its request to remove his name from the eligible list for Ranger Trainee (S9999W), Department of Environmental Protection on the basis of an unsatisfactory background report.

ACTION: The Merit System Board granted a hearing.

B-28 MARK VANORE
Mark Vanore 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 Correction Officer Recruit (S9999A), Department of Corrections, on the basis of an unsatisfactory driving record.

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

B-29 WILLIAM ZOTTMAN
William Zottman appeals the decision of Selection Services which upheld the removal of his name from the County Correction Officer (S9999W), Burlington County eligible list on the basis of his failure to respond to the Notice of Certification.

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

B-30 LAWRENCE BRITTON
Lawrence Britton, a Supervising Administrative Analyst at the Office of Information Systems, Department of Human Services, appeals the determination of the Assistant Commissioner for Human Resources, stating that appellant failed to present sufficient evidence to support a finding of probable cause that on the basis of his age he had been subjected to a 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-31 DENNIS DEVLIN
Dennis Devlin, a former Director of Custody Operations 1 at Mountainview Youth Correctional Facility, 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 that he had been subjected to violations 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-32 LILLIAN FOSTER
Lillian Foster, formerly a Senior Right of Way Negotiator, Department of Transportation (DOT), appeals the determination of the Director, Division of Civil Rights and Affirmative Action (DCR/AA) with the DOT, which found that the appellant failed to present sufficient evidence to support a finding that she had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environment in the Workplace.

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

B-33 LAWRENCE PHILLIPS
Lawrence Phillips, a Senior Parole Officer with the 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 that he had been subjected to violations 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-34 RICHARD PLANT
Richard Plant, a Manager 1, Information Processing, with the Office of Information Systems, Department of Human Services (DHS), appeals the determination of the Assistant Commissioner for Human Resources, DHS, that the appellant failed to present sufficient evidence to support a finding of a 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-35 PATRICIA THOMAS
Patricia Thomas, a Field Service Supervisor 2, Department of Human Services (DHS), appeals the determination of the Northern Regional Office of Equal Employment Opportunity and Affirmative Action (EEO/AA) with the DHS, which found that the appellant failed to present sufficient evidence to support a finding of probable cause that she had been subjected to violations 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-36 JEROME JAMES
The Department of Transportation requests reconsideration of the Merit System Board decision, In the Matter of Jerome James (MSB, decided March 13, 2001), which granted his claim for sick leave injury (SLI) benefits in part.

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

B-37 STEVEN LUBOW
Steven Lubow, an Environmental Scientist 1 (Water Resources) with the Department of Environmental Protection (DEP), represented by John Seiler, Staff Representative, CWA Local 1034, requests reconsideration of the Merit System Board decision, In the Matter of Steven Lubow (MSB, decided March 27, 2001), which denied his claim for sick leave injury (SLI) benefits.

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

B-38 KEITH L. RIEGEL
Keith Riegel, a Senior Correction Officer at Southern State Prison, Department of Corrections, represented by Mark D. Kurdyla, Esq., petitions the Merit System Board (Board) for reconsideration of the final administrative decision, rendered on May 8, 2001, in which the Board denied his appeal for sick leave injury (SLI) benefits.

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

B-39 MARSHA LUCASH
Marsha Lucash, formerly a Head Nurse with Senator Garrett W. Hagedorn Psychiatric Hospital, represented by Robert O. Yaeger, Principal Staff Representative, Communications Workers of America, Local 1040, requests reconsideration of the final decision of the Merit System Board, rendered on March 13, 2001, which upheld the appellant's removal, effective September 28, 1998, on charges.

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

B-40 KENDRA BROWN
Kendra Brown, a Judiciary Clerk 3 with the Judiciary, Middlesex Vicinage, petitions the Merit System Board for reconsideration of the final administrative decision, rendered June 12, 2001, acknowledging a settlement between the parties.

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

B-41 MARK DANIK
Mark Danik appeals the decision of Human Resource Information Services (HRIS), which found that the appointing authority's failure to appoint him from an open competitive list for Investigator Public Defender, Bilingual (S60480), Office of the Public Defender, was in compliance with merit system law and rules.

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

B-42 KENNETH FREEMAN
Kenneth Freeman, a Senior Investigator, Secured Facilities, at the Adult Diagnostic and Treatment Center, Department of Corrections, represented by Darryl M. Saunders, Esq., requests a hearing regarding his five-day suspension.

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

B-43 THOMAS EMERSON
Thomas Emerson, a Senior Correction Officer at Southern State Correctional Facility, Department of Corrections, represented by Michael L. Testa, Esq., petitions the Merit System Board for back pay regarding his indefinite suspension pending the outcome of criminal charges.

ACTION: The Merit System Board denied request.

B-44 CONSTRUCTION OFFICIAL/FIRE OFFICIAL (M2143A), BOROUGH OF POINT PLEASANT
The appointing authority requests permission not to make an appointment from the certification for Construction Official/Fire Official (M2143A), Borough of Point Pleasant.

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

B-45 TELECOMMUNICATIONS SYSTEM ANALYST (C6662A), JERSEY CITY SCHOOL DISTRICT
The appointing authority requests permission not to make an appointment from the certification for Telecommunications System Analyst (C6662A), Jersey City School District.

ACTION: The Merit Board System granted the request for appointment waiver, but assessed costs of the selection process in the amount of $2,048.

B-46 TONYA L. BROWN
Tonya L. Brown, represented by Michelle J. Douglass, Esq., seeks acknowledgement of a settlement concerning Ms. Browns' seniority as a Senior Correction Officer.

ACTION: The Merit Board System acknowledge the settlement.

B-47 ETHEL THORNBERRY
Ethel Thornberry, a former Cottage Training Technician at New Lisbon Developmental Center, Department of Human Services, represented by Stephan Siebel, Esq., appeals her resignation in good standing.

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

B-48 YOLANDA NEELY
Yolanda Neely, an Executive Staff Associate, Division of Family Development, appeals the determination of her PAR grievance by the Department of Human Services.

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

B-49 JAN W. LINDSEY, JR.
Jan W. Lindsey, Jr., a Senior Correction Officer, New Jersey State Prison, appeals an official written reprimand issued by the Department of Corrections.

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

B-50 BRENDA QUDSI
Brenda Qudsi, a Teaching Assistant 12 Months, Vineland Developmental Center, Department of Human Services, requests review of action by the appointing authority forcing her to use sick time to cover absences.

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

B-51 VANESSA ALSTON
The appeal of Vanessa Alston, a Family Service Specialist 3 with the Division of Youth and Family Services, Department of Human Services, of her resignation not in good standing effective March 26, 1999, was considered by Acting Chief Administrative Law Judge Jeff S. Masin (ALJ), who rendered his initial decision on April 24, 2001, acknowledging the settlement of the parties.

ACTION: The Merit System Board directed that this matter be remanded to
the Office of Administrative Law.

B-52 THOMAS BURD
The appeal of Thomas Burd, a Senior Correction Officer with Monutainview Youth Correctional Facility, Department of Corrections, of his 30-day suspension, was considered by Administrative Law Judge Robert S. Miller (ALJ), who rendered his initial decision on June 1, 2001. At its meeting on July 10, 2001, the Merit System Board adopted the ALJ's recommendation to acknowledge the appointing authority's modification of the penalty to a five-day suspension, and to refer the matter to the Commissioner of Personnel for processing under minor disciplinary rules. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-53 KENNETH FREEMAN
The appeal of Kenneth Freeman, a Senior Investigator, Secured Facilities with the Department of Correction (DOC), of his 15-day suspension on charges, was heard by Administrative Law Judge Richard McGill (ALJ), who rendered his initial decision on June 1, 2001, reversing the 15-day suspension. At its meeting on July 10, 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-54 DONNA HOGAN
The appeal of Donna Hogan, Head Nurse, Ancora Psychiatric Hospital, Department of Human Services, of her 60-day suspension on charges, was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on March 1, 2001. At its meeting on June 12, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to modify the 60-day suspension to a 20-day suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-55 STEPHANIE JONES
The appeal of Stephanie Jones, a County Correction Officer with Essex County, of her removal on charges, effective July 15, 1997, was heard by Administrative Law Judge Richard McGill (ALJ), who rendered his initial decision on May 16, 2001, upholding the removal. At its meeting on June 26, 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-56 ELDRIDGE LORE
The appeal of Eldridge Lore, a Crew Supervisor, Electricians at Bayside State Prison, Department of Corrections, of his removal, effective May 1, 2000, was heard by Administrative Law Judge (ALJ) Joseph F. Martone, who rendered his initial decision on April 9, 2001. At its meeting on June 26, 2001, the Board did not adopt the ALJ's recommendation that the removal be upheld. Rather, the Board modified the removal to a six-month suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-57 DONALD H. NELSEN, JR.
The appeal of Donald H. Nelsen, Jr., a Senior Correction Officer with East Jersey State Prison, Department of Corrections, of his removal effective February 27, 1995, on charges, was heard by Administrative Law Judge Irene Jones (ALJ), who rendered her initial decision on May 3, 2001. At its meeting on July 10, 2001, the Board did not adopt the ALJ's recommendation to uphold the removal. Rather, the Board concluded that a six-month suspension was warranted. 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-58 ROY TROTTA, JR.
The appeal of Roy Trotta, Jr., a Sheriff's Officer with the Atlantic County Sheriff's Office, of his 15-day suspension on charges, was considered by Administrative Law Judge Robert W. Scott (ALJ), who rendered his initial decision on May 21, 2001. At its meeting on June 26, 2001, the Merit System Board (Board) adopted the ALJ's recommendation to acknowledge the appointing authority's modification of the suspension to a five-day suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-59 ROMEL ALEXANDER, ET AL.
Romel Alexander, Maria Amodeo, Dorothy Burgess, Barbara Carter, Asha Desai, Judi Kley, Dawn Krause, Nancy Markee and Noel Medina appeal the determination of the Division of Selection Services which found that, per the substitution clause, they did not meet the experience requirements for the promotional examination for Management Assistant (PS9486K), Division of Youth and Family Services

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

B-60 STEPHEN BALAS
Stephen Balas appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Heavy Equipment Operator (PS2710E), Department of Military and Veteran Affairs.

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

B-61 JOSEPH BONNER
Joseph Bonner appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in experience for the promotional examination for Executive Assistant (PC0656B), Hudson County Sheriff's Office.

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

B-62 BEVERLY BROMLEY
Beverly Bromley 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 Pension Fund Supervisor (PM0805B), City of Atlantic City.

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

B-63 SHARON E. COLUCCIO
Sharon E. Coluccio appeals the determination of the Division of Selection Services, which found that per the substitution clause for education, she did not meet that experience requirements for the promotional examination for Administrative Analyst 1 (PS0481P), Office of the Attorney General.

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

B-64 JOSEPH COSTA, ET AL.
Joseph Costa, Ricky John, and John Teague appeal the determination of the Division of Selection Services, which found that they did not meet the requirements for the promotional examination for Administrative Analyst 1 (PS9537R), Board of Public Utilities.

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

B-65 ETTA CRIPPEN
Etta Crippen 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 Senior Clerk (PC1949B), Monmouth County.

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

B-66 JOHN DAVIS
John Davis appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examination for Mechanic (M1444B), Vineland City School District.

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

B-67 DANIEL DECORE
Daniel DeCore appeals the determination of the Division of Selection Services, which found that he was ineligible for the promotional examination for Manager 2, Division of Motor Vehicles (PS8118T), Department of Transportation since the announced title did not represent a promotion.

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

B-68 PATRICIA D'ELIA
Patricia D'Elia appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for Program Development Specialist 1 (C1553C), Ocean County, open competitive examination.

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

B-69 EILEEN DEVINNEY
Eileen DeVinney appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Supervising Account Clerk (PC0940A), Atlantic County.

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

B-70 NEREIDA FABREGAS
Irvington Township appeals the determination of the Division of Selection Services which found that Nereida Fabregas was below the minimum requirements in experience for the promotional examination for Data Entry
Machine Operator (PM0694A), Irvington Township.

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

B-71 LOIS M. FAIR AND PATRICIA TITUS
Lois M. Fair and Patricia Titus appeal the determination of the Division of Selection Services which found them below minimum requirements in education and experience for the promotional examination for Technical Assistant Personnel (PS2859H), Department of Health and Senior Services.

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

B-72 SEAN FOLEY
Sean Foley appeals the determination of the Division of Selection Services, which found that he failed to indicate the required license or registration for the open competitive examination for Boiler Operator/Maintenance Repairer (C6673A), Monmouth County.

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

B-73 MARTHA GRIMM
Martha Grimm appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Supervising Clerk (PC3128A), Mercer County.

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

B-74 JOHN JACKOWSKI
The appointing authority, on behalf of John Jackowski, appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the promotional examination for Senior Repairer (PS9407K), Arthur Brisbane Child Treatment Center.

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

B-75 JOHN MCCOLGAN
John McColgan appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Police Captain (PM3806V), Egg Harbor City.

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

B-76 GEORGE C. MCLAUGHLIN
George C. McLaughlin appeals the determination of the Division of Selection Services which found that he did not meet the experience requirement for the Assistant Supervisor, Parks (PC0777B), Middlesex County, promotional examination.

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

B-77 LUIS MERCADO
Luis Mercado appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Contract Administrator 2 (Corrections) (PS9281I), Department of Corrections.

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

B-78 HOWARD F. PFISTER
Howard F. Pfister appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the promotional examination for Principal Clerk Typist (PS9403K), Division of Medical Assistance and Health Services.

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

B-79 AMANDA RAYNOR
Amanda Raynor 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 Classification Officer 1 (PS8251I), New Jersey State Prison (Trenton).

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

B-80 EILEEN SEPANSKI
Eileen Sepanski appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Supervisor Personnel Records and Payroll Processing 2 (PS0782K), Greystone Park Psychiatric Hospital.

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

B-81 DORINDA TAYLOR
Dorinda Taylor 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 Staff Clinical Psychologist 3 (PS0555K), Division of Developmental Disabilities.

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

B-82 RAJUMON THOMAS
Rajumon Thomas appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Coordinator Secretarial Support Services (PS9354P), Department of Law and Public Safety.

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

B-83 ROSALEE M. WESTCOTT CHACINSKI
The Department of Human Services, Division of Mental Health Services, appeals the determination of the Division of Selection Services, which found Rosalee M. Westcott Chacinski ineligible for the Program Coordinator Mental Health (PS4634K), Department of Human Services promotional examination for failure to meet the education requirements.

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

B-84 MIRIAN WOLKOFSKY
Miriam Wolkofsky appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for the Program Development Specialist 1 (C1553C), Ocean County, open competitive examination.

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

B-85 RICHARD R. HORN
Richard R. Horn appeals the scoring criteria for the open competitive examination for Investigator 3, Real Estate Commission (S6134W).

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

B-86 MICHAEL T. DETROIA
Michael T. Detroia appeals the decision of the Division of Human Resource Management which rejected his application for the promotional examination for Investigator 1, Labor (PS2145N), Department of Labor, due to an untimely filing of the application materials.

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

B-87 JOSPEH W. VERDON
Joseph W. Verdon, represented by Lawrence P. Brady, Esq., appeals the decision of the Division of Selection Services denying his request for a make-up examination for Fire Captain (PM3588A), Jersey City.

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

B-88 JOSEPH SHASTAY
Joseph Shastay, represented by Jennifer Walker, Esq., requests a make-up examination for the written portion of the promotional examination for Fire Captain (PM3588A), Jersey City.

ACTION: The Merit System Board denied the request.

B-89 PETE LOBOSCO
Pete Lobosco requests a make-up examination for the Fire Captain (PM3593A), Paterson, promotional examination.

ACTION: The Merit System Board denied the request.

B-90 JAMES BONELLI
James Bonelli requests a make-up examination of the oral portion of the promotional examination for Fire Captain (PM3592A), Passaic.

ACTION: The Merit System Board denied the request.

B-91 ANDRE WILLIS
The Deputy Director, Selection Services, on behalf of the City of Asbury Park, requests that Andre Willis' out-of-title work experience be accepted to qualify him for a prospective promotional examination for the title of Zoning Officer.

ACTION: The Merit System Board granted the request.

B-92 JAMES BAILEY
The Director, Division of Selection Services, on the behalf of the Borough of Wildwood Crest, requests that James Bailey's out-of-title work experience be accepted to satisfy the experience requirement for admittance to the promotional examination for Supervisor of Data Processing Operations, (PM0651A), Borough of Wildwood Crest.

ACTION: The Merit System Board granted the request.

B-93 FATHALLA FARAG AND MARGO MONTAGUE
The Deputy Director, Division of Selection Services, on behalf of the Department of Health and Senior Services, requests that Fathalla Farag's and Margo Montague's out-of-title work experience be accepted to satisfy the experience requirement for admittance to the promotional examination for Field Service Supervisor 2 (MAHS), (PS3030H), Department of Health and Senior Services.

ACTION: The Merit System Board granted the request.

B-94 THOMAS GALLAGHER
Thomas Gallagher appeals the determination of the Division of Selection Services which found the he was not permanent in a title to which the promotional examination for Project Engineer, Construction (PS2443T), Department of Transportation, was open.

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

B-95 DARLENE M. JOHNSON
Darlene M. Johnson appeals the determination of the Division of Selection Services which found that she was ineligible for the promotional examination for Human Services Technician (PS8323K), Greystone Park Psychiatric Hospital, due to lack of the required amount of permanent status in title to which the examination was open.

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

B-96 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for its meeting of July 10, 2001 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of
July 10, 2001.

B-97 ROGER EUBANKS
Roger Eubanks, represented by Nicole L. Masciarella, 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-98 KEVIN MCSORLEY
Kevin McSorley, represented by Craig S. Gumpel, Esq., appeals his rejection as a Fire Fighter candidate by the Town of Kearny and its request to remove his name from the eligible list for Fire Fighter on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-99 LASHON MOODY-BRONSON
Lashon Moody-Bronson, represented by Otto J. Scerbo, Esq., appeals her rejection as a County Correction Officer candidate by the County of Hudson and its request to remove her name from the eligible list for County Correction Officer on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-100 BRIAN SHAW
Brian Shaw appeals his rejection as a Police Officer candidate by Borough of South Plainfield 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-101 NICHOLAS J. SMARRITO
Nicholas J. Smarrito, represented by Michael D. Miller, Esq., appeals his rejection as a Fire Fighter candidate by the City of Camden and its request to remove his name from the eligible list for Fire Fighter on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-102 VAN D. WILLIAMS
Van D. Williams 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-103 PHYLLIS R. CLARK
Phyllis R. Clark, a Human Services Assistant with Ancora 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-104 WILLIAM ANTHONY BRADY
William Anthony Brady appeals the decision of Selection Services which upheld the bypass of his name on the Police Lieutenant (PM2599A), City of Newark eligible list.

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

B-105 WAYNE DOOLEY
Wayne Dooley appeals the decision of Selection Services, which found that the appointing authority had sufficiently documented and supported its request to remove his name from the eligible list for Correction Officer Recruit (S9999W), Department of Corrections, on the basis of an unsatisfactory background report.

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

B-106 YANE PERALTA
Yane Peralta appeals the removal of her name from the eligible list for Correction Officer Recruit (S9999A), Department of Corrections, on the basis of her failure to complete preemployment processing.

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

B-107 RACHEL SAN MARTIN
Rachel San Martin, represented by Furman L. Templeton, Jr., Esq., appeals the removal of her name from the eligible list for Correction Officer Recruit (S9999A), Department of Corrections, on the basis of her failure to complete preemployment processing.

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

B-108 JOSEPH HORNICK
The City of Long Branch, represented by Eric Martin Bernstein, Esq., petitions the Merit System Board for a stay, pending the outcome of its appeal to the Appellate Division of Superior Court, of the Board's final decision, rendered on May 8, 2001, in which the Board modified the removal imposed against Joseph Hornick, to a 60-day suspension, and awarded back pay, benefits and seniority for the period following the 60-day suspension to the date of actual reinstatement. Additionally, appellant, represented by David J. DeFillippo, Esq., requests enforcement of the Board's May 8, 2001 decision.

ACTION: The Merit System Board denied the request for stay, and
granted the request for enforcement.

B-109 ROLANDO SANTIAGO
Rolando Santiago, a Police Officer with the City of Camden, represented by Robert N. Agre, Esq., petitions the Merit System Board for interim relief of his indefinite suspension, effective February 7, 2001.

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

B-110 KEVIN NASATKA
Kevin Nasatka, a Crew Supervisor (Painters) with Mountainview 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 that he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment and Hostile Environments in the Workplace.

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

B-111 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 with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to violations 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-112 JACQUELINE VENTURA
Jacqueline Ventura, a Family Service Specialist 3, Division of Youth and Family Services, represented by Sydney Stewart, Staff Representative, CWA Local 1037, appeals an official written reprimand issued by the Department of Human Services.

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

B-113 JOSEPH GALLANT
The appeal of Joseph Gallant, a Police Officer with the City of Newark, of his removal effective June 16, 1997 on charges, was heard by Administrative Law Judge Elinor R. Reiner (ALJ), who rendered her initial decision on August 16, 2000, upholding the removal. At its meeting of September 26, 2000, the Board remanded the matter to the Office of Administrative Law to allow the ALJ to memorialize in the writing the reasons for her denial of a motion made by the appellant to dismiss the charges pursuant to N.J.S.A. 40A:14-149. On remand, in her March 29, 2001 initial decision, the ALJ again upheld the removal. 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-114 MICHAEL VOLK
The appeal of Michael Volk, an Assistant District Parole Supervisor with the Department of Corrections, of his removal, effective March 12, 1999, was heard by Administrative Law Judge (ALJ) Maria Mancini LaFiandra, who rendered her initial decision on January 19, 2001. At its meeting 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-115 JEANETTE RIVERA
The City of Newark, represented by Michelle Blake-Smith, Assistant Corporation Counsel, requests interlocutory review of the June 29, 2001 Order of Administrative Law Judge Diana C. Sukovich (ALJ) in Jeanette Rivera v. City of Newark Police Department pursuant to N.J.A.C. 1:1-14.10(a).

ACTION: The Merit System Board granted the request for the interlocutory
review and directed that the Order of the Administrative Law
Judge be modified.

B-116 PETER BABORE
Peter Babore appeals the determination of the Division of Selection Services which found that he did not meet the education and experience requirements for the promotional examination for Traffic Signal Technician 1 (PC0659A), Cape May County.

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

B-117 GABRIEL A. COOKEY
Gabriel A. Cookey appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the promotional examination for Chief Accountant (PC0138B), Middlesex County.

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

B-118 RAYMOND CRAFT
Raymond Craft appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the examination for Senior Safety Inspector, Mining (S9102B), Statewide.

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

B-119 GARY FEIT
Gary Feit appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Network Administrator 2 (PS3027H), Department of Health and Senior Services.

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

B-120 BERYL FENTON, ET AL.
Beryl Fenton, Bonnie Hess, and Cliffie Sessoms appeals the determinations of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Head Procurement Clerk (PS9481K), Division of Youth and Family Services.

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

B-121 JAMES HAAS AND DAWN SZEKER
James Haas and Dawn Szeker appeal the determinations of the Division of Selection Services which found that, per the substitution clause, they were below the minimum requirements in experience for the promotional examination for Classification Officer 1 (PS8259I), Department of Corrections.

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

B-122 WILLIAM KRUPA
William Krupa appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examination for Assistant Supervisor of Recreation (S0651B).

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

B-123 SHEILA SCHMIDT
Sheila Schmidt appeals the determination of the Division of Selection Services which found that, per substitution clause, she was below the minimum requirements in experience for the promotional examination for Classification Officer 1 (PS8259I), Department of Corrections.

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

B-124 THELMA TUTT
Thelma Tutt 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 Supervisor Professional/Residential Services (PS3117K), New Lisbon Developmental Center.

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

B-125 CHARLES WILKINS
Charles Wilkins appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Technical Support Specialist 2 (PS8111U), Office of Information Technology.

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

B-126 BRUCE WILLIAMS
Bruce Williams appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Program Coordinator, Mental Health (PS9964K), Ancora Psychiatric Hospital.

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

B-127 PHILLIP WILLIAMS
Phillip Williams appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Supervising Clerk (PC3128A), Mercer County.

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

B-128 WILLIAM GLASS
William Glass, represented by Robert B. Reed, Esq., appeals his score for the promotional examination for Deputy Police Chief (PM3574B), Atlantic City.

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

B-129 JOSEPH MCCULLOUGH
Joseph McCullough, represented by Robert B. Reed, Esq., appeals his score for the promotional examination for Deputy Police Chief (PM3574B), Atlantic City.

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

B-130 CARL DAVIS
Carl Davis appeals the determination of the Division of Selection Services which found that he did not have required amount of permanent status in a title to which the examination was open for the promotional examination for Highway Construction & Bridge Repairer 2 (PS4736T), Department of Transportation.

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

B-131 AHESHA N. MARTIN
Ahesha N. Martin appeals the determination of the Division of Selection Services which found that she failed to file a timely application for the promotional examination for Senior Unemployment Insurance Clerk (PS3838N), Department of Labor.

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

B-132 SPECIAL POLICE OFFICERS, BOROUGH OF KEANSBURG
The Keansburg PBA Local No. 68 (PBA), represented by David J. DeFillippo, Esq., appeals the determination of the Division of Human Resource Management that Class II Special Law Enforcement Officers may be hired by the Borough of Keansburg to perform seasonal duties consistent with those of Class I Special Law Enforcement Officers immediately following the layoff of eight regular, full-time police officers.

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

B-133 ANTHONY DIPASQUALE AND VINCENT SCILLIERI
The Borough of Elmwood Park appeals the determination of the Director, Office of Intergovernmental Services, which denied its request for the transfer of Anthony DiPasquale and Vincent Scillieri from County Correction Officers, Passaic County Sheriff's Department, to Police Officers, Borough of Elmwood Park Police Department.

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

B-134 DISTRICT OFFICE MANAGER 1 AND DISTRICT OFFICE
MANAGER 2
The Director, Division of Human Resource Management, requests a title consolidation of the District Office Manager 1 (class code 29) and District Office Manager 2 (class code 27) titles into a new District Office Manager title.

ACTION: The Merit System Board granted the request.

B-135 PROPOSED AMENDMENTS TO N.J.A.C. 4A:7-1.1 ET SEQ. NEW JERSEY STATE POLICY PROHIBITING DISCIRMINATION, HARASSMENT OR HOSTILE ENVIRONMENTS IN THE WORKPLACE
It is recommended that the proposed amendments to N.J.A.C. 4A:7-1.1 et seq., New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace be approved for publication in the New Jersey Register.

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

B-136 EARLY SETTLEMENTS
Kevin P. Brake
County of Monmouth
Department of Parks
Resignation not in good standing

Cyril Eneh
Greystone Park Psychiatric Hospital
Department of Human Services
Release at the end of the working test period

Danielle Wakefield
Woodbine Developmental Center
Department of Human Services
10-day suspension

Anthony White
Department of Labor
Resignation not in good standing

Mary Pat Young
County of Cumberland
Department of Corrections
Removal

ACTION: The Merit Board System acknowledge the settlements.

There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, August 28, 2001, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
JANICE MITCHELL MINTZ
COMMISSIONER
MERIT SYSTEM BOARD