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Ida L. Castro, Chairwoman
Alan Dexter Bowman
Margaret E.L. Howard
A regular meeting of the Merit System Board was held on
Wednesday, July 31, 2002, in Trenton, New Jersey.
PRESENT: Chairwoman Ida L. Castro, Merit System Board Members,
Alan Dexter Bowman, and Margaret E. L. Howard; George Cohen,
Deputy Attorney General; and Henry Maurer, Director, Division
of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, Chairwoman Ida L. Castro
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 March 7, 2002, and posted at the Department
of Personnel, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified.
A motion was made and seconded that the open session be recessed
and that, pursuant to Section 12(b) of the Open Public Meetings
Act, the Merit System Board entered into Executive Session
for the purpose of legal advice on the matters of A-10 Sandra
Cook and A-11 Janice Sanford. The Board subsequently reconvened
the public meeting.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Rhonda Battle
City of East Orange
Police Department
Removal
In the of Margaret Carter
County of Burlington
Buttonwood Hospital
Resignation in good standing
In the Matter of Edwin L. Crotty
Division of Operation
Department of Corrections
Removal
In the Matter of Lakeisha Davis
Garden State Correctional Facility
Department of Corrections
Release at the end of the working test period
In the Matter of Mary Fatukasi
Woodbridge Development al Center
Department o f Human Services
Resignation not in good standing
In the Matter of Adria Gibson
County of Camden
Sheriff's Office
Removal
In the Matter of Julio Melendez
County of Camden
Department of Corrections
Suspensions (2)
In the Matter of William Meredith
Township of Pennsauken
Department of Public Works
Removal
In the Matter of Lakina Morris
County of Mercer
Department of Public Safety
Demotion
In the Matter of Edward Olszewski
South Woods State Prison
Department of Corrections
Suspension
In the Matter of Vivian Queen
County of Mercer
Department of Public Safety
Removal
In the Matter of Edward Reilly
Township of Phillipsburg
Department of Public Safety
Suspension and Removal
In the Matter of Valerie Swan
Department of Treasury
Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE
CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged
the settlements.
A-2 JESSE JAMES BALDWIN (CONSOLIDATION)
Jesse James Baldwin, a Social Worker II, Department of Human
Services appeals the good faith of his layoffs from Marlboro
Psychiatric Hospital, effective August 12, 1996, and Woodbridge
Developmental Center effective May 22, 1998 for reasons of
economy and efficiency. The appellant also appealed a resignation
not in good standing from Greenbrook Regional Center effective
January 8, 1999, on the charge of abandonment of job as a
result of a leave of absence from work without approval for
five consecutive days.
Recommendation of the Administrative Law Judge - Uphold the
layoffs and the resignation not in good standing.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-3 DAVID HARTSFIELD
David Hartsfield, Building Maintenance Worker, City of East
Orange Public Library, appeals the good faith of his layoff,
effective April 21, 2000, for reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Uphold
the layoff and refer the issue of title rights to the Commissioner
of Personnel.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-4 JOHN CASALEGGIO
John Casaleggio, Sergeant Campus Police, William Paterson
University, ten-day suspension, on the charge of other sufficient
cause.
Recommendation of the Administrative Law Judge - Refer the
matter to the Commissioner of Personnel as an appeal of a
minor disciplinary action.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-5 JOHN CENTRELLA
John Centrella, Police Officer, Township of Lakewood, Police
Department, 30-day suspension on charges of violation of Police
Department rules regarding unbecoming conduct, unsatisfactory
performance, code of ethics, and prohibited activity on duty.
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-6 JOSE MARTINEZ
Jose Martinez, Police Officer, City of Newark, Police Department,
four-month suspension, on charges of violation of Police Department
rules regarding absence without leave, unauthorized absence,
accessibility to department surgeons and superior officers,
malingering, efficiency and cooperation, and neglect of duty.
Recommendation of the Administrative Law Judge - Uphold
the four-month suspension.
ACTION: The Merit System Board directed that this
matter be held over.
A-7 JACQUELINE D. COLEY
Jacqueline D. Coley, Police Records Clerk Typing, City of
Plainfield, Department of Public Affairs/Safety, removal effective
July 24, 2000, on the charge of failing to comply with orders,
directions, or regulations.
Recommendation of the Administrative Law Judge - Modify
the removal to a 30-day suspension.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-8 ANDREA GETHERS
Andrea Gethers, County Correction Officer, County of Union,
Department of Public Safety, removal effective December 22,
1998, on the charge of conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Reverse
the removal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-9 RODNEY WORSHAM
Rodney Worsham, Mechanic, City of Vineland, Department of
Public Works, removal effective May 4, 2000, on charges of
conduct unbecoming a public employee and violation of Federal
regulations concerning drug and alcohol use by, and testing
of, employees who perform functions related to the operation
of commercial motor vehicles.
Recommendation of the Administrative Law Judge - Dismiss
for lack of prosecution.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-10 SANDRA COOK
Sandra Cook, Youth Worker, Vineland Residential Treatment
Center, Department of Human Services, removal effective April
l1, 2000, on the charge of conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Reverse
the removal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-11 JANICE SANFORD
Janice Sanford, Cottage Training Technician, New Lisbon
Developmental Center, Department of Human Services, removal
effective November 9, 1999, on charges of chronic or excessive
absenteeism. This matter is presented to the Merit System
Board for reconsideration of its prior decision of June 12,
2002.
Recommendation of the Administrative Law Judge - Dismiss
the appeal as moot.
ACTION: The Merit System Board reconsidered its prior
decision and directed that the matter be remanded to the Office
of Administrative Law.
A- 12 KENNETH LITTLE - SETTLEMENT
Kenneth Little, Senior Correction Officer, East Jersey State
Prison, Department of Corrections, removal effective April
6, 2001, on charges and a previous back pay dispute.
ACTION: The Merit System Board acknowledged the settlement.
SECTION B - MISCELLANEOUS MATTERS
B-1 ROBERT KAISER
Robert Kaiser appeals his rejection as a Police Officer
candidate by Millburn Township and its request to remove his
name from the eligible list for Police Officer on the basis
of medical unfitness to perform effectively the duties of
the position.
ACTION: The Merit System Board directed that this
appeal be granted.
B-2 MARION THOMPSON
Marion Thompson appeals her rejection as an Emergency Medical
Technician candidate by the Township of Pennsauken and its
request to remove her name from the eligible list for Emergency
Medical Technician on the basis of medical unfitness to perform
effectively the duties of the position.
ACTION: The Merit System Board directed that this
appeal be granted
B-3 RASHID ABDUNAFI
Rashid Abdunafi, a Senior Correction Officer at East Jersey
State Prison, Department of Corrections (DOC), 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-4 EARNEST MCBRIDE
Earnest McBride, a Senior Building Maintenance Worker at
Ann Klein Forensic 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-5 BRENDA PAYNE
Brenda Payne, a Senior Parole Officer with the State Parole
Board, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this
appeal be granted.
B-6 SUSAN QUICK
Susan Quick, a Head Nurse - 12 Months at Trenton Psychiatric
Hospital, Department of Human Services, appeals the denial
of sick leave injury (SLI) benefits. It is noted that at the
time of the accident, the appellant was a Head Nurse - 12
Months at Ancora Psychiatric Hospital, Department of Human
Services.
ACTION: The Merit System Board directed that this
appeal be granted.
B-7 MOSES THOMPSON
Moses Thompson, a former Equipment Operator with the Department
of Transportation, appeals the denial of sick leave injury
(SLI) benefits.
ACTION: The Merit System Board directed that this
appeal be granted.
B-8 BARBARA TOWLES
Barbara Towles, an Investigator 1, Unemployment Insurance,
appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this
appeal be denied.
B-9 MICHAEL AMORIM
Michael Amorim appeals the decision of Human Resource Information
Services (HRIS) which upheld the removal of his name from
the Investigator (S0708C), Monmouth County, eligible list
due to his failure to report for work.
ACTION: The Merit System Board directed that this
appeal be granted.
B-10 RONALD BARBER
Ronald Barber, represented by John R. Rauh, Esq., appeal
the decision of Human Resource Information Systems (HRIS),
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 (S9999B),
Department of Corrections, on the basis of an unsatisfactory
criminal record.
ACTION: The Merit System Board directed that this
appeal be granted.
B-11 JOHN C. BROOKS
John C. Brooks appeals the removal of his name from the
Business Manager (C6604A), Bergen County, eligible list on
the basis of an unsatisfactory employment record.
ACTION: The Merit System Board granted a hearing.
B-12 RAQUEL COLON
Raquel Colon, a Property Management Services Specialist
4 with the Department of the Treasury, appeals the removal
of her name from the eligible lists for Supervising Property
Management Services Specialist (PS3286U) and Administrative
Analyst 1 (PS7686U), due to a change in her unit scope.
ACTION: The Merit System Board directed that this
appeal be denied.
B-13 WILLIAM CRAVEN
William Craven, represented by Joseph J. Bell, Esq., appeals
the decision of Human Resource Information Services, which
found that the appointing authority had presented a sufficient
basis to remove his name from the eligible list for Police
Officer (S9999A), Township of Dover, on the basis that he
falsified his preemployment application.
ACTION: The Merit System Board granted a hearing.
B-14 TYWAUNA C. LANE
Tywauna C. Lane appeals the decision of Human Resource Information
Services, which found that the appellant's appeal of her removal
from the County Correction Officer (S9999A), County of Middlesex,
eligible list, due to an unsatisfactory background report
was untimely.
ACTION: The Merit System Board directed that the
appellant's name be reflected as bypassed on the May 12, 2000
certification.
B-15 JAMES MCKENNA
James McKenna, a Construction Management Specialist 2 with
the Department of the Treasury, appeals the removal of his
name from the Construction Management Specialist 1 (PS9563U)
eligible list due to a change in his unit scope.
ACTION: The Merit System Board directed that this
appeal be denied.
B-16 JOSE H. PINHEIRO
Jose H. Pinheiro, represented by Scot D. Rosenthal, Esq.,
appeals the decision of Human Resource Information Services,
which found that the appointing authority had presented a
sufficient basis to remove his name from the eligible list
for Correction Officer Recruit (S9999B), Department of Corrections,
on the basis of an unsatisfactory driving record.
ACTION: The Merit System Board directed that this
appeal be denied.
B-17 HARRY STULTS
Harry Stults, a Construction Management Specialist 2 with
the Department of the Treasury, appeals the removal of his
name from the Construction Management Specialist 1 (PS9563U)
eligible list due to a change in his unit scope.
ACTION: The Merit System Board directed that this
appeal be denied.
B-18 JAMES SYLVESTER
James Sylvester appeals the decision of Human Resource Information
Services, which found that the appointing authority had presented
a sufficient basis to remove his name from the eligible list
for Fire Fighter (M2013A), City of Camden, on the basis of
his failure to complete preemployment processing.
ACTION: The Merit System Board directed that this
appeal be denied.
B-19 PATRICK RUSSO
Patrick Russo, represented by Sanford R. Oxfeld, Esq., appeals
the removal of his name from the Community Relations Aide
(M0978A), Union City eligible list. Additionally, the Superior
Court, Appellate Division, has remanded the matter of Patrick
Russo, Equipment Operator (C5137P), Hudson County to the Merit
System Board for its determination of whether his prior conviction
forever barred him from public employment on the basis that
his conviction touched and concerned the public employment
in which he was engaged at the time of the offense, pursuant
to N.J.S.A. 2C:51-2(d).
ACTION: The Merit System Board directed that the
appellant's name be removed from the eligible list for Community
Relations Aide (M0978A), Union City and the appellant's employment
status be recorded as forever barred from public employment
pursuant to N.J.S.A. 2C:51-2(d).
B-20 TONIA S. JOHNSON
Tonia S. Johnson, a Senior Food Service Handler with Woodbridge
Developmental Center, Department of Human Services (DHS),
appeals the determination of the Assistant Commissioner for
Human Resources, DHS, 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 Environments
in the Workplace.
ACTION: The Merit System Board directed that this
appeal be denied.
B-21 JOHN CHANDLER
John Chandler, a former Senior Correction Officer at Northern
State Prison, Department of Corrections (DOC), represented
by Anthony J. Fusco, Jr., Esq., petitions the Merit System
Board (Board) for reconsideration of the final administrative
decision rendered March 13, 2002, in which the Board dismissed
Chandler's appeal of his removal, effective August 8, 2000,
without prejudice based on Chandler's failure to appear at
his scheduled settlement conference.
ACTION: The Merit System Board denied the request
for reconsideration.
B-22 WILLIAM H. KOONCE, JR.
William H. Koonce, Jr., a former Bridge Operator/Public
Works Worker with the Department of Public Works, Essex County,
petitions the Merit System Board (Board) for reconsideration
of the final administrative decision rendered March 13, 2002,
in which the Board dismissed Koonce's appeal of is his removal,
effective December 8, 1999, without prejudice for lack of
prosecution. Specifically, Koonce failed to appear at his
scheduled hearing.
ACTION: The Merit System Board denied the request
for reconsideration.
B-23 PEARLIE KINCHEN
The Department of Human Services, represented by Jennifer
Chianese, Deputy Attorney General, petitions the Merit System
Board (Board) for reconsideration of the Board decision rendered
April 10, 2002, which modified the removal of Pearlie Kinchen,
a Human Services Assistant with Vineland Developmental Center,
Department of Human Services, to a 90-day suspension. The
appointing authority also seeks a stay of that decision pending
the Board's reconsideration of the matter. Additionally, Kinchen
requests interim relief in the form of reinstatement pending
the Board's decision.
ACTION: The Merit System Board denied the request
for reconsideration and dismissed as moot the request for
a stay and interim relief.
B-24 SHARON ARMOUR
Sharon Armour appeals the determination of the Division
of Selection Services, which found that, per the substitution
clause for education, she did not meet the experience requirements
for the promotional examination for Administrative Analyst
(PM1139C), City of Newark.
ACTION: The Merit System Board directed that this
appeal be denied.
B-25 CLEMENT M. COLLINS, ET AL.
Clement M. Collins, Anthony J. DePasquale, Rufus C. Edmundo,
Millard Hardaway, Rocco A. Senatore and Russell H. Tanksley
appeal the determinations of the Division of Selection Services
that they did not meet the experience requirements for the
promotional examination for General Supervisor, Building Service
(PM1143B), Newark School District.
ACTION: The Merit System Board directed that these
appeals be granted.
B-26 MARLENE CRONIN
Marlene Cronin appeals the determination of the Division
of Selection Services, which found that she did not meet the
experience requirements for the promotional examination for
Technical Assistant 3, Community Affairs (PS2028D), Department
of Community Affairs.
ACTION: The Merit System Board directed that this
appeal be denied.
B-27 MARILYN GRESH
Marilyn Gresh appeals the determination of the Division
of Selection Services, which found that she did not meet the
educational requirements for the open-competitive examination
for Environmental Specialist Trainee (S6468C).
ACTION: The Merit System Board directed that this
appeal be denied.
B-28 SHERRY KLEUSKENS
Sherry Kleuskens 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 Social Work Supervisor (PC1640C), Cape May County Board
of Social Services.
ACTION: The Merit System Board directed that this
appeal be denied.
B-29 PATRICIA MARANO
Patricia Marano 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 Senior Management Assistant
(PS2580K0, Division of Medical Assistance and Health Services.
ACTION: The Merit System Board directed that this
appeal be denied.
B-30 BILLIE JO PECK
Billie Jo Peck 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 Legal Secretary (PC0055D), Salem County.
ACTION: The Merit System Board directed that this
appeal be granted.
B-31 LINDA REEVES
Linda Reeves appeals the decision of the Division of Selection
Services that found that per the substitution clause for education,
she was below the minimum requirements in experience for the
promotional examination for Technical Assistant, Classification
(PS2719I), Riverfront State Prison.
ACTION: The Merit System Board directed that this
appeal be denied.
B-32 SCOTT J. RODAS
Scott J. Rodas 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, Special Events (PC1577C), Ocean County
Library.
ACTION: The Merit System Board directed that this
appeal be granted.
B-33 MARGARITA SANTIAGO
Margarita Santiago appeals the determination of the Division
of Selection Services, which found that she did not meet the
experience requirements for the promotional examination for
Principal Audit Account Clerk (PS3563K), Vineland Developmental
Center.
ACTION: The Merit System Board directed that this
appeal be denied.
B-34 JANETTE SHARPE
Janette Sharpe appeals the determination of the Division
of Selection Services, which found that she did not meet the
education requirements for the promotional examination for
Accounting Assistant (PS2473N), Department of Labor.
ACTION: The Merit System Board directed that this
appeal be granted.
B-35 MARCIA SPRUILL
Marcia Spruill appeals the determination of the Division
of Selection Services, which found that she did not meet the
experience requirements for the promotional examination for
Chief Transportation Inspector (PM0196A), Newark Police Department.
ACTION: The Merit System Board directed that this
appeal be granted.
B-36 BENITIA L. WHITE AND SHARMAINE WILSON
Benitia L. White and Sharmaine Wilson appeal the determinations
of the Division of Selection Services, which found that they
were ineligible for the promotional examinations for Customer
Service Information Specialist (CSIS) 1 (PS4287K), Division
of Medical Assistance and Health Services, Department of Human
Services.
ACTION: The Merit System Board directed that these
appeals be denied.
B-37 MITZI WILLIAMS
Mitzi Williams 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 open-competitive examination for Senior Program Development
Specialist Aging (C6116B), Bergen County.
ACTION: The Merit System Board directed that this
appeal be granted.
B-38 YASER BARSBAY, ET AL.
Yaser Barsbay, Jeffrey Botbyl, Frank Garcia, Eugene Tiongco,
Philip Torres and Raymond Walters (PC3018C), Passaic County
appeal the promotional examination for Sheriff's Officer Sergeant.
ACTION: The Merit System Board directed that these
appeals be denied.
B-39 MICHAEL COZINE, ET AL.
Michael Cozine, Dennis Hutlay, Victor Racioppi and Victor
Smith (PC3010C), Essex County; James O'Donnell (PC3012C),
Mercer County; Joseph Ferrara and Maria Mercadante (PC4039C),
Essex County; appeal the promotional examinations for Sheriff's
Officer Lieutenant and Sheriff's Officer Captain (various
jurisdictions).
ACTION: The Merit System Board directed that these
appeals be denied.
B-40 JOHN HYLAND, ET AL.
John Hyland and Chester Robinson (PC2515B), Bergen County;
Paul DeMarco (PC2581B), Ocean County; Kevin Hastings (PC2582B),
Middlesex County; Monique Johnson, Michael McGuire, John Mongello,
Gregory Palma and Christopher Tyminski, (PC2648B), Essex County;
appeal the promotional examination for Sheriff's Officer Sergeant
(various jurisdictions).
ACTION: The Merit System Board directed that these
appeals be denied.
B-41 MARK LEONARD, JOHN WOOD, ANTHONY SALERNO AND JAMES
MCKENNA
Mark Leonard (PM3529C), Bloomfield; John Wood (PM3562C),
Winslow Township; Anthony Salerno (PM3527C), Asbury Park;
and James McKenna (PM3533C), Elizabeth appeal the written
portion of the examination for Police Captain (various jurisdictions).
ACTION: The Merit System Board directed that these
appeals be denied.
B-42 DAVID BARTER
David Barter appeals his score on the examination for Fire
Chief (PM2595B), Morristown.
ACTION: The Merit System Board directed that this
appeal be denied.
B-43 ANTHONY CALABRESE
Anthony Calabrese appeals his score on the examination for
Fire Chief (PM3510C), Kearny.
ACTION: The Merit System Board directed that this
appeal be denied.
B-44 GERRI CALVIN
Gerri Calvin appeals her score on the promotional examination
for Supervising Field Representative Housing (PS9857D), Department
of Community Affairs.
ACTION: The Merit System Board directed that this
appeal be denied.
B-45 RITA COHN
Rita Cohn appeals her score on the promotional examination
for Assistant Disability Insurance Supervisor (PS8495N), Department
of Labor.
ACTION: The Merit System Board directed that this
appeal be denied.
B-46 PAUL DAVIS
Paul Davis appeals his score on the oral portion of the
examination for Police Captain (PM3532C), East Orange.
ACTION: The Merit System Board directed that this
appeal be denied.
B-47 JUAN GARCED
Juan Garced appeals his score for the bilingual skills portion
of the examination for Sheriff's Officer Bilingual in Spanish
and English (S9999B).
ACTION: The Merit System Board directed that this
appeal be denied.
B-48 WILLIAM P. GREEN, ET AL.
William P. Green, Davie L. James and James C. Porter appeal
their scores for the promotional examination for General Supervisor,
Building Services (PM1143B), Newark School District.
ACTION: The Merit System Board directed that these
appeals be granted.
B-49 JOSEPH MELILLO
Joseph Melillo appeals his scores on the promotional examinations
for Supervising Program Support Specialist (Assistance Programs)
(PS4199K) and Program Support Specialist 1 (Assistance Programs
(PS2647K), Division of Family Development.
ACTION: The Merit System Board directed that this
appeal be denied.
B-50 STEVEN MENDEZ
Steven Mendez appeals his score for the oral portion of
the promotional examination for Supervising Family Service
Specialist 2 (PS8212K), Division of Youth and Family Services.
ACTION: The Merit System Board directed that this
appeal be denied.
B-51 ANTHONY WOODSON
Anthony Woodson appeals his score on the oral portion of
the examination for Police Captain (PM3532C), East Orange.
ACTION: The Merit System Board directed that this
appeal be denied.
B-52 STEPHEN SCARPULLA
Stephen Scarpulla requests a make-up for the Battalion Fire
Chief (PM3570C), Newark, promotional examination.
ACTION: The Merit System Board denied the request.
B-53 LINH CHI THACH
Linh Chi Thach appeals the determination of the Division
of Selection Services denying his request for a make-up for
the open competitive examination for Human Services Specialist
1 (C0068D), Camden County.
ACTION: The Merit System Board directed that this
appeal be denied.
B-54 PLUTARCO FLORES
Plutarco Flores appeals the determination of the Division
of Selection Services, which found him to be ineligible for
failure to provide an evaluated foreign transcript for the
open-competitive examination for Administrator of Plant Services
(S6449C), Department of Human Services.
ACTION: The Merit System Board directed that this
appeal be denied.
B-55 LINDA TAYLOR
Linda Taylor 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 Management
Information Systems (MIS) (PS3427I), Department of Corrections.
ACTION: The Merit System Board directed that this
appeal be denied
B-56 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of July 17,
2002 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes
of its meeting of July 17, 2002.
B-57 LILLIAN FOSTER
The appeal of Lillian Foster, a Senior Right of Way Negotiator
with the Department of Transportation, of her removal effective
January 12, 2001, on charges, was heard by Administrative
Law Judge Beatrice S. Tylutki (ALJ), who rendered her initial
decision on May 16, 2002. At its meeting on July 17, 2002,
the Merit System Board (Board) did not adopt the recommendation
of the ALJ to uphold the removal. Rather, the Board modified
the removal 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-58 LILLIE PAGE
The appeal of Lillie Page, a Human Services Technician with
Trenton Psychiatric Hospital, Department of Human Services
(DHS), of her removal, effective May 11, 2000 on charges,
was heard by Administrative Law Judge Douglas H. Hurd (ALJ),
who rendered his initial decision on May 10, 2002. At its
meeting on July 17, 2002, the Merit System Board (Board) did
not adopt the ALJ's recommendation to modify the removal to
a six-month suspension. Rather, the Board upheld the removal.
The proposed final decision is now submitted for the Board's
review.
ACTION: The Merit System Board adopted the final
decision.
B-59 JAMES PARKER
The appeal of James Parker, a Human Services Technician
at Ancora Psychiatric Hospital, Department of Human Services,
of his removal effective September 18, 2000 on charges, was
heard by Administrative Law Judge Bernard Goldberg (ALJ),
who rendered his initial decision on April 24, 2002, upholding
the removal. At its meeting on July 17, 2002, 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-60 NORMAN TYSON
The appeal of Norman Tyson, a Correction Sergeant with New
Jersey State Prison, Department of Corrections, of his 30-day
suspension, beginning October 28, 2000, on charges, was heard
by Administrative Law Judge Joseph F. Martone (ALJ), who rendered
his initial decision on June 3, 2002, modifying the 30-day
suspension to a 20-day suspension. At its meeting on July
17, 2002, the Merit System Board (Board) did not adopt the
ALJ's recommendation. Rather, the Board upheld 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-61 CHERYL HELJENEK
The Acting Assistant Commissioner, State and Local Operations,
Department of Personnel, seeks relaxation of the provisions
of N.J.A.C. 4A:6-1.22, Donated Leave program, to allow Cheryl
Heljenek, a Technician, MIS, Department of Personnel to exceed
the 180 day limit for such leave, and to permit Ms. Heljenek
to receive sick leave donations beyond the current limit of
10 days per employee.
ACTION: The Merit System Board granted the request.
B-62 SCOTT LEWIS
Voorhees Fire District Number 3, represented by Richard
K. Tavani, Esq., requests a waiver of the maximum hiring age
for Fire Fighter to permit them to appoint Scott Lewis, who
is the first ranked eligible on the list. This matter was
held over from the Board's July 17, 2002 meeting.
ACTION: The Merit System Board denied the request.
B-63 EARLY SETTLEMENTS
Vivian Barnett
City of Newark School District
Removal
Joanne Clark
Northern State Prison
Department of Corrections
Suspension
Joseph C. Eckbold, Jr.
Bayside State Prison
Department of Corrections
Removals (2)
Maxine Scott
County of Camden
Health Services Center
Suspension
Mary Smith
Rowan University
Demotion
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 Wednesday,
August 14, 2002, at 10:00 a.m., at 3 Station Plaza, Trenton,
New Jersey.
__________________________________
IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD
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