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Robert M. Czech, Chairperson
Robert E. Brenner
Richard E. Williams
A regular meeting of the Civil Service Commission was held on Wednesday, February 16, 2011, in Trenton, New Jersey.
PRESENT: Robert. M. Czech, Chairperson, Members Robert E. Brenner and Richard E. Williams; Pamela Ullman, Deputy Attorney General; Henry Maurer, Director, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, Robert M. Czech, Chairperson, 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 December 20, 2010, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified.
WITHDRAWAL AND DISMISSAL OF APPEALS
The following appeals were withdrawn or dismissed and are removed from the hearing calendar:
Monica Gouldbourne, Human Services Technician, New Jersey Home for Disabled Soldiers-Menlo Park, Department of Military and Veterans' Affairs, suspension.
John Kenny, Senior Engineer, Civil, City of Atlantic City, Department of Public Works, good faith layoff.
John Mihatov, Repairer, Montclair State University, removal.
Sindy Roman-Villarreal, Youth Worker, Juvenile Justice Commission, Department of Law and Public Safety, suspension.
John Varalli, County Correction Officer, Gloucester County, Department of Corrections, suspension.
Kevin Wright, Police Officer, City of Newark, Police Department, suspension.
SECTION A - HEARING MATTERS
A-1
In the Matter of Colby Adams
City of Newark
Police Department
Suspension
In the Matter of Jacqueline Ahlow
City of Newark
Police Department
Suspension
In the Matter of Carlos Alvarado
City of Newark
Police Department
Suspension
In the Matter of Natalia Barone
Ann Klein Forensic Center
Department of Human Services
Removal
In the Matter of Carlos Beckford
Essex County
Department of Citizen Services
Removal
In the Matter of Warren Carmichael
Ancora Psychiatric Hospital
Department of Human Services
Removal
In the Matter of Randy Cliver
Mercer County
Department of Corrections
Fine
In the Matter of David Cruz
Garden State Youth Correctional Facility
Department of Corrections
Removal
In the Matter of John Dorans
Borough of Lodi
Police Department
Suspension
In the Matter of Franklin Drennon
Albert C. Wagner Youth Correctional Facility
Department of Corrections
Suspension
In the Matter of Deborah Ekoue
Department of Children and Families
Suspension
In the Matter of Belkis Encarnacion
Long Branch Housing Authority
Removal
In the Matter of Erica Frandino
Woodbine Developmental Center
Department of Human Services
Removals (3)
In the Matter of William Funk
City of Newark
Police Department
Suspension
In the Matter of Gerard Keegan
Hudson County
Department of Roads and Public Property
Removal and Resignation not in good standing
In the Matter of Alzim Lonon
Monmouth County
Sheriff's Department
Suspension
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Richard E. Williams (Yes)
In the Matter of Vicente Losana
Borough of Belmar
Department of Public Works
Removal
In the Matter of Tyrone Major
City of Newark
Police Department
Suspension
In the Matter of Dianne McGowan
Warren County
Department of Long Term Care Services
Removal
In the Matter of Wilfredo Miranda
Southern State Correctional Facility
Department of Corrections
Removal
In the Matter of Kelly Moore
Burlington County
County Jail
Suspensions (2) and Release at the end of the working test period
In the Matter of Cynthia Nieto
Juvenile Justice Commission
Department of Law and Public Safety
Removal
In the Matter of Arthur Rice
Union County
Department of Corrections
Release at the end of the working test period
In the Matter of Judith Robinson
City of Newark
Police Department
Suspension
In the Matter of Robert Schuster
Ewing Township
Department of Public Works
Removal
In the Matter of Janine Smith
Gloucester County
Department of Emergency Response
Removal
In the Matter of Christopher Stinson
Morris County
Sheriff's Department
Removal
In the Matter of Kenneth Sullivan
William Paterson University
Removal
In the Matter of Demitrius Texidor
Hudson County
Juvenile Detention Center
Resignation not in good standing
In the Matter of Roy Wheeler-Weaver
City of Newark
Police Department
Suspension
In the Matter of Virginia Whitty
New Jersey Office of the Public Defender
Release at the end of the working test period
In the Matter of Rose Wright
Hudson County
Department of Human Services
Removal and Resignation not in good standing
In the Matter of Steven Zambrano
Hudson County
Department of Corrections
Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 ELIZABETH CHAPARRO
Elizabeth Chaparro, Senior Correction Officer, South Woods State Prison, Department of Corrections, 30-working day suspension on charges of other sufficient cause and insubordination.
Recommendation of the Administrative Law Judge - Modify the 30-working day suspension to a five-working day suspension.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to a 10-working day suspension.
A-3 ELMORE GAINES
Elmore Gaines, Supervising Code Enforcement Officer, Department of Neighborhood and Recreational Services, City of Newark, 10-day suspension and demotion to the position of Senior Code Enforcement Officer effective September 28, 2009, on charges of incompetency, inefficiency or failure to perform, insubordination, inability to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause.
Recommendation of the Administrative Law Judge - Uphold the 10-day suspension and the demotion to the position of Senior Code Enforcement Officer.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-4 PATRICK GALLAGHER
Patrick Gallagher, Park Attendant, Hudson County, Department of Parks Engineering and Planning, resignation not in good standing on the charge of job abandonment, being absent from work for five or more consecutive business days without the approval of a superior.
Recommendation of the Administrative Law Judge - Uphold the resignation not in good standing effective November 25, 2009.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-5 MARCUS ALLEN
Marcus Allen, Public Safety Telecommunicator, City of Newark, Fire Department, 20-day suspension and removal effective December 31, 2009, on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty, and other sufficient cause.
Recommendation of the Administrative Law Judge - Uphold the 20-day suspension and modify the removal to a six-month suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-6 EMMANUEL KOLLIE
Emmanuel Kollie, Cottage Training Technician, New Lisbon Developmental Center, Department of Human Services, 30-working day suspension on charges of neglect of duty, violation of a rule, regulation, policy, procedure, order, or administrative decision, conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge - Reverse the 30-working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-7 THOMAS LUCAS
Thomas Lucas, Police Officer, Township of Pemberton, Police Department, 45-working day suspension on charges of conduct unbecoming a public employee, discrimination that affects equal employment opportunity, other sufficient cause and violation of Police Department rules and regulations.
Recommendation of the Administrative Law Judge - Uphold the 45-working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-8 MERCER COUNTY LAYOFFS 2009
Michael D. Calisti, a Budget Officer, Mary Stinson, a Social Worker-Aging, Wendy Osofsky, Medical Social Worker and Robert W. Soffel, a Laborer, appeal the good faith of their layoffs effective September 4, 2009, for reasons of economy and efficiency. Martha Nielsen, a Supervising Senior Citizen Outreach Referral Program, appeals the good faith of her demotion in lieu of layoff effective September 4, 2009, for reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Uphold the layoffs and demotion in lieu of layoff for Nielsen.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-9 JOSEPH NAPOLEONE
Joseph Napoleone, Police Officer, City of Clifton, Department of Public Safety, 10-day suspension on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause.
Recommendation of the Administrative Law Judge - Dismiss the 10-day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-10 WALTER GRAHAM
Walter Graham, Correction Sergeant, Southern State Correctional Facility, Department of Corrections, removal effective April 22, 2009, on charges of insubordination, conduct unbecoming a public employee, other sufficient cause, falsification and violation of a rule, regulation, policy, procedure, order, or administrative decision.
Recommendation of the Administrative Law Judge - Uphold the removal and impose sanctions for the appointing authority's failure to present an expert witness.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge to uphold the removal, but did not adopt the Administrative Law Judge's recommendation to impose sanctions for the appointing authority's failure to present an expert witness.
A-11 ANNELL GREEN
Annell Green, Cottage Training Technician, North Jersey Developmental Center, Department of Human Services, removal effective July 21, 2009, on charges of inappropriate physical contact of an employee, fighting or creating a disturbance on State property, falsification and notoriously disgraceful conduct.
Recommendation of the Administrative Law Judge - Modify the removal to a 30-working day suspension.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to a 45-working day suspension.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (No)
Richard E. Williams (Yes)
A-12 BREON KEY
Breon Key, Laborer, City of East Orange, Department of Public Works, removal effective November 13, 2009, on charges of conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-13 KWAMBOKA OCHARO
Kwamboka Ocharo, County Correction Officer, Hudson County, Department of Corrections, 60-working day suspension, 90-working day suspension and removal effective November 28, 2010, on charges of insubordination, conduct unbecoming a public employee, neglect of duty, chronic or excessive absenteeism and other sufficient cause.
Recommendation of the Administrative Law Judge - Uphold the 60-working day and 90-working day suspensions and reverse the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge to uphold the 60-working day and 90-working day suspensions. The Civil Service Commission rejected the recommendation of the Administrative Law Judge and upheld the removal.
A-14 ROBERT J. REID AND JARROD M. CAREY (CONSOLIDATION)
Robert J. Reid and Jarrod M. Carey, Police Officers, City of Camden, Police Department, removals effective July 7, 2010, on the charge of inability to perform duties of the position.
Recommendation of the Administrative Law Judge - Modify the removals to resignations in good standing.
ACTION: The Civil Service Commission directed that these matters be held over.
A-15 DERRICK RICHARDS
Derrick Richards, Building Maintenance Worker, Trenton Public Library, removal effective April 16, 2010, on charges of insubordination, failure to perform duties, conduct unbecoming a public employee, other sufficient cause and violation of rules and regulations.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-16 JOYCE SALLEY
Joyce Salley, Building Maintenance Worker, Hudson County, Department of Roads and Public Property, removal effective August 21, 2009, on charges of insubordination, conduct unbecoming a public employee, neglect of duty and chronic and excessive absenteeism.
Recommendation of the Administrative Law Judge - Modify the removal to a resignation in good standing.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-17 JAMES SMALL
James Small, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal effective August 18, 2009, on charges of conduct unbecoming a public employee, other sufficient cause, physical abuse of a patient, inappropriate physical contact or mistreatment of a patient, falsification and violation of a policy.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-18 MICHAEL SODE
Michael Sode, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal effective September 10, 2009, on charges of conduct unbecoming a public employee, neglect of duty, other sufficient cause, and violation of a policy.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-19 STEPHEN UDOH
Stephen Udoh, Cottage Training Technician, Hunterdon Developmental Center, Department of Human Services, removal effective June 19, 2009, on charges of sleeping while on duty, neglect of duty which could result in danger to persons or property, violation of administrative decision, failure to perform duties, conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
SECTION B - MISCELLANEOUS MATTERS
B-1 CHANGE IN THE STATE CLASSIFICATION PLAN - ASSOCIATE LEGISLATIVE COUNSEL, OLS
The Office of Legislature Services (OLS) requests the establishment of a new unclassified title, Associate Legislative Counsel, OLS. In accordance with N.J.S.A. 11A:3-4c, State Unclassified Service, employees in the Legislative Branch of State Government shall be in the unclassified service.
ACTION: The Civil Service Commission directed that this request be granted.
B-2 CHANGE IN THE STATE CLASSIFICATION PLAN - TRANSITIONAL WORKER SUPPORT
The Division of State and Local Operations requests the inactivation of the title Transitional Worker Support (A98-40817).
ACTION: The Civil Service Commission directed that this request be granted.
B-3 CHANGE IN THE STATE CLASSIFICATION PLAN - SUPERVISOR OF INVESTIGATIONS
The Mercer County Board of Social Services requests the State title, Supervisor of Investigations (S28-25793), be made common for local government use.
ACTION: The Civil Service Commission directed that this request be granted.
B-4 DAMYOUS A. LEWIS
Damyous A. Lewis 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 (S9999K) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-5 NIKKI V. SMART
Nikki V. Smart appeals her rejection as a County Correction Officer candidate by Essex County and its request to remove her name from the eligible list for County Correction Officer (S9999H) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this matter be referred for an independent evaluation.
B-6 AALIYAH RODRIGUEZ
Aaliyah Rodriguez, a former Senior Correction Officer with the Mountainview Youth Correctional Facility, Department of Corrections, represented by Daniel Geddes, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted in part.
B-7 WILLIAM ROLLACK
William Rollack, an Equipment Operator with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-8 BRUCE SEDDON
Bruce Seddon, a Charge Nurse, 12 Months, with the New Lisbon Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-9 RONALD STEVENSON
Ronald Stevenson, a Senior Correction Officer at Northern State Prison, Department of Corrections, represented by Daniel Geddes, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-10 MARQUITA TAYLOR
Marquita Taylor, a Senior Correction Officer at Edna Mahan Correctional Facility for Women, Department of Corrections, represented by Daniel Geddes, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-11 BAHKU THORPE
Bahku Thorpe, a Senior Correction Officer at Albert C. Wagner Youth Correctional Facility, Department of Corrections, represented by Samuel M. Gaylord, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-12 LUANN TIERNEY
Luann Tierney, a Teacher 3 with the Juvenile Justice Commission, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-13 RALPH TRAINER
Ralph Trainer, a Senior Correction Officer at Northern State Prison, Department of Corrections, represented by Daniel Geddes, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-14 WILLIAM WASHINGTON
William Washington, a Senior Correction Officer at East Jersey State Prison, Department of Corrections, represented by Daniel Geddes, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-15 DAVID WILLIAMS
David Williams, a Senior Correction Officer at Southern State Correctional Facility, Department of Corrections, represented by Frank M. Crivelli, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-16 ALAN THATCHER
Alan Thatcher, a former Correction Officer Recruit, Juvenile Justice, with the Juvenile Justice Commission, Department of Law and Public Safety, represented by Kenneth T. Palmer, Esq., requests reinstatement of the appeal of his removal, which was dismissed based on his failure to appear at a scheduled hearing.
ACTION: The Civil Service Commission granted the request.
B-17 ANTHONY COLACURTO
Anthony Colacurto, represented by Patrick P. Toscano, Jr., Esq., appeals the decision of the Division of State and Local Operations, which upheld the removal of his name from the Police Officer (S9999K), Township of West Orange, eligible list due to his unsatisfactory background report.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-18 MARIA POISLER
Maria Poisler appeals the removal of her name from the Principal Data Machine Operator (PC1008L), Hudson County, employment list due to her failure to achieve a passing score on the performance examination.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-19 THOMAS ALEXANDER
Thomas Alexander, a former Captain with the Division of State Police, Department of Law & Public Safety, appeals the determination of the Chief of Staff, Office of the Attorney General, 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 in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-20 TONIA JOHNSON
Tonia Johnson, a Senior Food Service Handler at Woodbridge Developmental Center, appeals the determination of the Assistant Commissioner of the Department of Human Services, 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 in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-21 SUZANN ROWLEY
Suzann Rowley, a Captain with the Division of State Police, Department of Law and Public Safety, appeals the decision of the Chief of Staff, Office of the Attorney General, which found sufficient evidence to support a finding that she had violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-22 LOUISE SCRUTCHINS
Louise Scrutchins, a Supervising Family Service Specialist 2 with the Department of Children and Families (DCF), appeals the determination of the Director of Administration of DCF, stating that there was probable cause to substantiate a finding that she violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-23 DEBORAH TAVERNIER
Deborah Tavernier, a Storekeeper 1 with the Department of the Treasury, appeals the decision of the Equal Employment Opportunity and Affirmative Action Office, which found that the appellant failed to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-24 EARLENE THOMPSON
Earlene Thompson, a Paralegal Technician 1 with the Department of Children and Families (DCF), appeals the determination of the Director of Administration with the DCF, 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 in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-25 COMPLAINT INVESTIGATOR (M0101K) AND (M0724K), EAST ORANGE
The Division of State and Local Operations petitions the Civil Service Commission for enforcement of the decision rendered on April 14, 2010, wherein the Commission ordered that East Orange properly dispose of the May 14, 2009 certification (OL090654) of the eligible list for Complaint Investigator (M0101K) and (M0724K).
ACTION: The Civil Service Commission ordered the appointing authority to properly dispose of the certification and comply with the Commission's previous order to immediately remove the provisional. The Civil Service Commission further ordered that the appointing authority be fined $2,000 for noncompliance.
B-26 TRUCK DRIVER (M9099J), JERSEY CITY SCHOOL DISTRICT
In In the Matter of Truck Driver (M9099J), Jersey City School District (MSB, decided May 21, 2008), the appointing authority's request for an appointment waiver from the October 9, 2007 certification was granted and no selection costs were assessed at that time since there was a possibility that the list could be utilized prior to its expiration. However, the appointing authority did not utilize the subject eligible list and the matter of the assessment of costs is now before the Civil Service Commission.
ACTION: The Civil Service Commission assessed partial selection costs in the amount of $1,024.
B-27 JEFFREY BERWICK
Jeffrey Berwick, represented by Joseph Nardini, CWA Local 1039, petitions the Civil Service Commission for reconsideration of the decision rendered on August 4, 2010, which found that he did not meet the experience requirements for the promotional examination for Program Support Specialist 2 (Assistance Programs) (PS5165K), Department of Human Services.
ACTION: The Civil Service Commission directed that the request for reconsideration be denied.
B-28 JOSEPH FERROGINE
Joseph Ferrogine requests reconsideration of the final administrative decision, rendered on July 21, 2010, which found that he did not meet the experience requirements for the promotional examination for Supervisor, General and Support Services (PS3403K), Department of Human Services. Ferrogine also appeals the September 11, 2009 denial of a salary adjustment.
ACTION: The Civil Service Commission directed that the request for reconsideration and the request for a salary adjustment be denied.
B-29 CARMELO LIO
Carmelo Lio, a Senior Correction Officer with the Adult Diagnostic and Treatment Center, Department of Corrections, petitions the Civil Service Commission for reconsideration of the final administrative decision, rendered on July 30, 2009, in which the Director of the Division of Merit System Practices and Labor Relations denied his request for a hearing with respect to his 10-day suspension.
ACTION: The Civil Service Commission granted a hearing regarding the timeliness of Mr. Lio's appeal.
B-30 MICHAEL MCGEE
Michael McGee, represented by Don Rice, Staff Representative, CWA District 1, requests reconsideration of the final administrative determination in In the Matter of Michael McGee (CSC, decided July 21, 2010), in which the Civil Service Commission upheld McGee's removal.
ACTION: The Civil Service Commission directed that the request for reconsideration be denied.
B-31 LARRY MUHAMMAD
Larry Muhammad, a Senior Correction Officer at Northern State Prison, Department of Corrections, represented by Daniel Geddes, Esq., petitions the Civil Service Commission for reconsideration of the final decision rendered on August 18, 2010, which upheld the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that the request for reconsideration be denied.
B-32 FERNANDO RODRIGUEZ
Fernando Rodriguez, represented by Joseph S. Murphy, Esq., petitions the Civil Service Commission for reconsideration of the decision, rendered on June 9, 2010, which granted his appeal regarding his test administration, and found that his appeal of scoring issues was moot, for the oral portion of the promotional examination for Fire Captain (PM3570J), Paterson.
ACTION: The Civil Service Commission directed that the request for reconsideration be denied.
B-33 EUGENE SALVADORE
Eugene Salvadore requests reconsideration of the decision rendered on May 26, 2010, which upheld the validity of the promotional examination for Technical Support Specialist 2, Office of Information Technology (PS6041U).
ACTION: The Civil Service Commission directed that the request for reconsideration be denied.
B-34 MA'RITA SAUNDERS
Ma'rita Saunders petitions the Civil Service Commission for reconsideration of the final administrative decision, rendered on March 10, 2010, in which the Commission upheld the determination of the Department of Human Services finding that the petitioner failed to present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that the request for reconsideration be denied.
B-35 RICHARD SERRANO
The Director, Office of Human Resources, Department of Corrections, requests reconsideration of the decision rendered by the Civil Service Commission on November 5, 2009, which directed that the eligible list for Correction Officer Recruit (S9999H), DOC, be revived in order for Richard Serrano to be considered for appointment at the time of the next certification.
ACTION: The Civil Service Commission directed that the request for reconsideration be granted.
B-36 SUSAN SLACHTA
Susan Slachta requests reconsideration of the final administrative determination In the Matter of Susan Slachta, Department of Environmental Protection (CSC, decided October 7, 2009), which determined that her position is properly classified as Senior Management Assistant. The appellant seeks an Executive Assistant 3 job classification.
ACTION: The Civil Service Commission directed that the request for reconsideration be granted in part, and the appellant's classification be changed from Senior Management Assistant to Administrative Assistant 2, effective January 1, 2011.
B-37 CHRISTOPHER TANG
Christopher Tang, a Family Service Specialist 2 with the Department of Children and Families, represented by Joseph D. Dinoto, Esq., requests reconsideration of the decision rendered on July 21, 2010, which denied his request for sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that the request for reconsideration be denied.
B-38 SANFORD THIGPEN
Sanford Thigpen, a former Police Officer with the City of East Orange, represented by Darryl M. Saunders, Esq., petitions for reconsideration of the final decision rendered by the Civil Service Commission on March 10, 2010, which upheld his removal.
ACTION: The Civil Service Commission directed that the request for reconsideration be denied.
B-39 GREGORY VOCI
Gregory Voci, a former Police Sergeant with Atlantic City, represented by Edwin J. Jacobs, Jr., Esq., petitions for reconsideration of the final decision rendered on September 15, 2010, which upheld his removal.
ACTION: The Civil Service Commission directed that the request for reconsideration be denied.
B-40 JAMES CHEESMAN
James Cheesman, a Senior Correction Officer with South Woods State Prison, represented by Michael Sharp, PBA Local 105, appeals an official written reprimand issued by the Department of Corrections.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-41 LILLIAN CHILDS
Lillian Childs, a Senior Correction Officer with East Jersey State Prison, appeals an official written reprimand and a three-day suspension issued by the Department of Corrections.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-42 TIMOTHY CLYMER
Timothy Clymer, a Crew Supervisor, Electricians, with Mountainview Youth Correctional Facility, Department of Corrections, represented by Robert O. Yaeger, CWA Local 1040, appeals the denial of his March 5, 2010 grievance requesting that he not be ordered to stay for overtime to perform out-of title duties, i.e., snow plowing.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-43 YOSMARI DIAZ
Yosmari Diaz, a Senior Parole Officer, Juvenile Justice (Bilingual in Spanish and English), represented by Christine A. Zmurek, Esq., appeals an official written reprimand issued by the Juvenile Justice Commission.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-44 CASHIER, TYPING (M1098L), JERSEY CITY
Jersey City requests permission not to make an appointment from the June 28, 2010 certification for Cashier, Typing (M1098L).
ACTION: The Civil Service Commission granted an appointment waiver and assessed partial selection costs in the amount of $1,024.
B-45 COMMUNITY SERVICE AIDE (C0902L), CUMBERLAND COUNTY
Cumberland County requests permission not to make an appointment from the August 11, 2010 certification for Community Service Aide (C0902L).
ACTION: The Civil Service Commission granted an appointment waiver and assessed partial selection costs in the amount of $1,024.
B-46 COUNTY PARK RANGER (C0499L), GLOUCESTER COUNTY
Gloucester County requests permission not to make an appointment from the April 15, 2010 certification for County Park Ranger (C0499L).
ACTION: The Civil Service Commission granted an appointment waiver and assessed selection costs in the amount of $2,048.
B-47 PROGRAM MANAGER, FAMILY HEALTH PROGRAMS (S0065K) STATEWIDE
The Department of Health and Senior Services requests permission not to make an appointment from the October 20, 2009 certification for Program Manager, Family Health Programs (S0065K).
ACTION: The Civil Service Commission granted an appointment waiver and assessed selection costs in the amount of $8,285.
B-48 PUBLIC HEALTH INVESTIGATOR (C0964L) OCEAN COUNTY HEALTH DEPARTMENT
The Ocean County Health Department requests permission not to make an appointment from the April 20, 2010 certification for Public Health Investigator (C0964L).
ACTION: The Civil Service Commission granted an appointment waiver and assessed no selection costs at this time.
B-49 SENIOR PLANNER (C6214J) AND (C0228M), MIDDLESEX COUNTY
Middlesex County requests permission not to make an appointment from the August 12, 2010 certification for Senior Planner (C6214J) and (C0228M).
ACTION: The Civil Service Commission granted an appointment waiver and assessed partial selection costs in the amount of $1,024.
B-50 SENIOR POLICE RECORDS CLERK (M0592L), LAKEWOOD
Lakewood requests permission not to make an appointment from the September 15, 2009 certification for Senior Police Records Clerk (M0592L).
ACTION: The Civil Service Commission granted an appointment waiver and assessed selection costs in the amount of $2,048.
B-51 ALISON MOKROS
The Division of State and Local Operations, on behalf of the Department of State, requests that the provisions of N.J.A.C. 4A:4-1.1(c) be relaxed in order to allow Alison Mokros to be provisionally appointed, pending promotional examination procedures, to the competitive title of Senior Data Entry Machine Operator.
ACTION: The Civil Service Commission granted the request.
B-52 NEW JERSEY LAW ENFORCEMENT COMMANDING OFFICERS ASSOCIATION
The Governor's Officer of Employee Relations requests that the provisions of N.J.A.C. 4A:3-4.9(a) be relaxed in order to implement a Memorandum of Agreement between the State and the New Jersey Law Enforcement Commanding Officers Association.
ACTION: The Civil Service Commission granted the request.
B-53 TRACY KALMAN
The Division of State and Local Operations, on behalf of the Department of Environmental Protection, requests that Tracy Kalman's out-of-title work experience be accepted to qualify her for a prospective promotional examination for Environmental Technician.
ACTION: The Civil Service Commission granted the request.
B-54 KELLY NEGRON
Kelly Negron appeals the decision of the Division of State and Local Operations that the proper classification of her position with the City of Camden is Police Records Clerk, Typing. The appellant seeks a Data Control Clerk classification in this proceeding.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-55 JUDITH SCORDATO
Judith Scordato appeals the October 13, 2010 decision of the Division of State and Local Operations which found that her position with the Department of the Treasury is correctly classified as Technical Assistant 2, Treasury. The appellant seeks a Technical Assistant 1, Treasury classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-56 NINA SIMPSON
Nina Simpson appeals the decision of the Division of State and Local Operations which found that her position with the College of New Jersey is properly classified as Head Clerk. The appellant seeks a Program Assistant, Administrative Services job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-57 EVELYN TOTH
Evelyn Toth, represented by Mark E. Belland, Esq., appeals the decision of the Division of State and Local Operations that the proper classification of her position with the City of Bridgeton is Senior Clerk Typist. The appellant seeks a Principal Clerk classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-58 ELSIE WALTERS
Elsie Walters appeals the decision of the Division of State and Local Operations that the proper classification of her position with the Department of Health and Senior Services is Program Technician. The appellant seeks either a Chief of Vital Statistics and Registration or Assistant Chief of Vital Statistics and Registration classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-59 LOUIS P. TOSCANO
Louis P. Toscano petitions the Civil Service Commission for a stay of its decisions in In the Matter of Louis P. Toscano (CSC, decided April 15, 2009), aff'd on reconsideration (CSC, decided September 15, 2010), which determined that the Department of Labor and Workforce Development complied with Civil Service law and rules when it appointed him from an eligible list for Claims Adjudicator Trainee, Disability Determinations and that his appeal of his May 17, 1985 resignation in good standing as a Data Processing Programmer 3 (Treasury), Department of the Treasury, was out of time, pending the outcome of this appeal to the Superior Court, Appellate Division.
ACTION: The Civil Service Commission directed that this request be denied.
B-60 MARTIN BROOKS AND EMILY REED
The appeals of Martin Brooks, a Senior Youth Worker, and Emily Reed, a Youth Worker, with Arthur Brisbane Child Treatment Center, of their removals, effective June 20, 2003, on charges, were heard by Administrative Law Judge Israel D. Dubin (ALJ), who rendered his initial decision on October 7, 2010, upholding the removals. At its meeting on February 2, 2011, the Civil Service Commission adopted the ALJ's recommendations but found it necessary to address the exceptions filed by one of the parties. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-61 DOMINIC GLIOTTONE
The appeal of Dominic Gliottone, a County Correction Officer with Mercer County, of his removal effective August 25, 2009, on charges, was heard by Administrative Law Judge Joseph F. Martone (ALJ), who rendered his initial decision on September 21, 2010. At its meeting on February 2, 2011, the Civil Service Commission adopted the ALJ's recommendation to deny the motion to enforce a settlement between the parties and to uphold the appellant's removal. However, the Commission found it necessary to address the exceptions and cross exceptions filed by the parties. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-62 PATRICIA HAYES
The appeal of Patricia Hayes, a Practical Nurse with North Jersey Developmental Center, Department of Human Services, of her removal effective February 25, 2008, on charges, was heard by Administrative Law Judge Richard McGill (ALJ), who rendered his initial decision on September 30, 2010. At its meeting on February 2, 2011, the Civil Service Commission adopted the ALJ's recommendation to reverse the removal. However, the Commission found it necessary to address the exceptions and cross exceptions filed by the parties. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
B-63 MARTINA KOTUR
The appeal of Martina Kotur, a Probation Officer with the Judiciary, Vicinage 8, Middlesex County, of her removal effective September 14, 2009, on charges, was heard by Administrative Law Judge Kelly J. Kirk (ALJ), who rendered her initial decision on November 8, 2010. At its meeting on February 2, 2011, the Civil Service Commission adopted the ALJ's recommendation to uphold the removal. However, the Commission found it necessary to address the exceptions and cross exceptions filed by the parties. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-64 MICHAEL PICARIELLO
The appeal of Michael Picariello, a County Correction Sergeant with Hudson County, of his removal effective July 16, 2008, on charges, was heard by Administrative Law Judge Daniel B. McKeown (ALJ), who rendered his initial decision on December 20, 2010. At its meeting on February 2, 2011, the Civil Service Commission adopted the ALJ's recommendation to uphold the removal. However, the Commission found it necessary to address the exceptions filed by the appellant. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-65 PATRICIA EDWARDS
Patricia Edwards appeals the decision of the Division of State and Local Operations, which upheld the removal of her name from the County Correction Officer (S9999K), Essex County, eligible list due to the fact that she did not possess a valid New Jersey driver's license.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-66 ROBERT L. ROBINSON
Robert L. Robinson appeals the decision of the Division of State and Local Operations, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Juvenile Detention Officer (C2166K), Hudson County, eligible list on the basis of an unsatisfactory criminal record and falsification of his employment application.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-67 CARLEE SOBOTKA
Carlee Sobotka appeals the decision of the Division of State and Local Operations, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Physical Education Instructor (C0781L), Monmouth County, eligible list on the basis of failure to respond to the certification notice.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-68 THEODORE WARFIELD
Theodore Warfield appeals the decision of the Division of State and Local Operations, which upheld the removal of his name from the Truck Driver (C9884H), Burlington County, eligible list due to his unsatisfactory employment record.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-69 ROSE ENNALS
The Woodbine Developmental Center petitions for a retroactive appointment date as Senior Cottage Training Technician for Rose Ennals.
ACTION: The Civil Service Commission granted the request.
B-70 ELLEN STEFFANELLI
Ellen Steffanelli requests that her name be added to the October 21, 2010 certification of the Principal Library Assistant (PC0068M), Atlantic County, eligible list.
ACTION: The Civil Service Commission granted the request.
B-71 BARBARA A. BERGER, ET AL.
Barbara A. Berger, Melissa A. Diretto, Jessica L. Perez, Kelly E. Proctor, Donna M. Stubblefield, Dianne Taylor, and Cynthia D. Wheatley appeal the determinations of the Division of Selection Services which found that they did not meet the requirements for Administrative Assistant 3 (PS8032K), Department of Children and Families.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-72 MARY A. BROWN AND HELEN M. SEDGLEY
Mary A. Brown and Helen M. Sedgley appeal the determinations of the Division of Selection Services which found that they did not meet the requirements for Administrative Assistant 3 (PS9899K), Department of Children and Families.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-73 LINETTE CORDERO, ET AL.
Linette Cordero, Melissa A. Diretto, Elaine Matlock, Jessica L. Perez, Susan Rodriguez, and Ann H. Vereen-Jones appeal the determinations of the Division of Selection Services which found that they did not meet the requirements for Administrative Assistant 4 (PS7032K), Department of Children and Families.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-74 MELISSA DIRETTO, ET AL.
Melissa Diretto appeals the decision of the Division of Selection Services that she did not meet the experience requirements, while Beth O'Brien and Jessica Perez appeal the decisions that, per the substitution clause for education, they did not meet the experience requirements, for the promotional examination for Principal Fiscal Analyst (PS5919K), Department of Children and Families.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-75 JASON FABER
Jason Faber appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Sanitation Driver (PM0081M), Fair Lawn.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-76 DEBORAH A. GILFILLAN, ET AL.
Debora A. Gilfillan, Jeanne E. Laufer, Sejal K. Patel, and Virginia Tocco appeal the determinations of the Division of Selection Services which found that they did not meet the requirements for the promotional examination for Management Assistant (PS3765K), Department of Children and Families.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-77 LOU JACOBY
Lou Jacoby appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Management Improvement Specialist 1 (PS6437G), Department of Environmental Protection.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-78 ERICH MORGANO
The Department of Children and Families appeals the determination of the Division of Selection Services that Erich Morgano did not did not meet the requirements for the promotional examination for Supervisor of Mails (PS6300K), Department of Children and Families.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-79 STEVEN PONELLA
Steven Ponella 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 Personnel Officer (PM0364M), City of Trenton.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-80 PAUL RAY
Paul Ray appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the open competitive examination for Management Specialist (M0248M), Passaic Valley Water Commission.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-81 VICTOR TERENIK
Victor Terenik 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 Director of Data Processing (PM1201L), City of Vineland.
ACTION: The Civil Service Commission directed that this appeal be denied, and the City of Vineland immediately implement the determination of the Division of State and Local Operations regarding the proper classification of the appellant's title.
B-82 CARL CASTELLANO, ET AL.
Carl Castellano (PM5003M), Township of Belleville, William Boyle (PM5011M), Clementon, and John Bunalski (PM5024M), Irvington, appeal the determinations of the Division of Selection Services which found them ineligible for the promotional examination for Police Lieutenant due to untimely applications.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-83 LOUIS TOSCANO
Louis Toscano appeals the test administration for the examination for Claims Adjudicator Trainee Disability Determinations (S0726M), Department of Labor and Workforce Development.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-84 RAKAIYAH WILLIS
Rakaiyah Willis appeals her disqualification from the examination for Claims Adjudicator Trainee, Disability Determinations (S0726M), Statewide.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-85 DANIEL BAKER
Daniel Baker appeals his score on the examination for Battalion Fire Chief (PM3501L), Camden.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-86 JOSE BERRIOS
Jose Berrios appeals his score on the examination for Battalion Fire Chief (PM3501L), Camden.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-87 KENNETH CRAWFORD
Kenneth Crawford appeals his score on the examination for Battalion Fire Chief (PM3522L), Pleasantville.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-88 BRIAN MCMONAGLE
Brian McMonagle, represented by Craig Gumpel, Esq., appeals his score on the examination for Battalion Fire Chief (PM3513L), Bayonne.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-89 ERIC NELSON
Eric Nelson appeals his score on the examination for Battalion Fire Chief (PM3513L), Bayonne.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-90 FRANCIS PAWLAUSKI
Francis Pawlauski appeals his score on the examination for Battalion Fire Chief (PM3513L), Bayonne.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-91 ANDREW RICCIARDI
Andrew Ricciardi appeals his score on the examination for Battalion Fire Chief (PM3507L), Patterson.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-92 FRANK SANDROCK
Frank Sandrock appeals his score on the examination for Battalion Fire Chief (PM3501L), Camden.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-93 CIVIL SERVICE COMMISSION MINUTES
Submitted for adoption are the Civil Service Commission minutes of its meeting of February 2, 2011.
ACTION: The Civil Service Commission adopted the minutes of its meeting of February 2, 2011.
B-94 MARGARET PACANOWSKI
Margaret Pacanowski, a Clerk Typist with the City of Ventnor's Department of Revenue and Finance, appeals the determination of her layoff rights by the Division of State and Local Operations.
ACTION: The Civil Service Commission directed that this appeal be granted in part and ordered the Division of State and Local Operations to review the appellant's appointment to the temporary position of Clerk Typist.
B-95 PERMANENT LAYOFFS, CITY OF EAST ORANGE
The Engineering Supervisory Personnel Association (ESPA) and Firemen's Mutual Benevolent Association, Local 23 (FMBA), represented by James T. Prusinowski, Esq., petition the Civil Service Commission for a stay of East Orange's layoff, effective February 1, 2011.
ACTION: The Civil Service Commission directed that this request be denied, but Javon Hillman be granted back pay for failure to receive a General Notice of Layoff.
B-96 TAARIQ AZIZ
The appeal of Taariq Aziz, a Senior Correction Officer at Northern State Prison, Department of Corrections, of his removal, effective February 4, 2010, on charges, was heard by Administrative Law Judge Barry E. Moscowitz (ALJ), who rendered his initial decision on October 19, 2010. At its meeting on February 2, 2011, the Civil Service Commission did not adopt the ALJ's recommendation to modify the removal to an oral reprimand. Rather, the Commission modified the removal to a 60-working day suspension. The proposed decision is now submitted the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
B-97 CHRISTOPHER HENDERSHOT
The appeal of Christopher Hendershot, a Senior Correction Officer with Edna Mahan Correctional Facility, Department of Corrections, of his removal effective July 12, 2010, on charges, was heard by Acting Director and Chief Administrative Law Judge Laura Sanders (ALJ), who rendered her initial decision on November 29, 2010. At its meeting on February 2, 2011, the Civil Service Commission adopted the ALJ's recommendation to uphold the appellant's removal. However, the Commission found it necessary to address the exceptions and cross-exceptions filed by the parties. The proposed final decision is now submitted the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-98 REUVEN LYAK
Bergen County requests that Reuven Lyak, a Sheriff's Officer with the Bergen County Sheriff's Office, be considered for a permanent appointment to the title of County Police Officer, Bergen County Department of Public Safety.
ACTION: The Civil Service Commission granted the request.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, March 16, 2011, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
_______________________________
Robert M. Czech
Chairperson
Civil Service Commission
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