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Hope L. Cooper, Chairperson
Flavella Branham
John Currie
Margaret E.L. Howard
Robert Long
A regular meeting of the Civil Service Commission was held on Wednesday, February 25, 2009, in Trenton, New Jersey.
PRESENT: Hope L. Cooper, Chairperson; Members Flavella Branham, John Currie and Margaret E. L. Howard; Pamela Ullman, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, Hope L. Cooper, 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 November 17, 2008, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified.
STATE
The Civil Service Commission recorded the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof.
VOTE: Hope L. Cooper (Abstained)
Flavella Branham (Yes)
John Currie (Yes)
Margaret E. L. Howard (Yes)
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Mark Competello
City of Hoboken
Department of Public Safety
Suspension and Demotion
In the Matter of Susan Davis
Essex County
Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 GREGORY ROBINSON
Gregory Robinson, Building Management Services Specialist 4, Newark School District, release at the end of the working test period effective October 11, 2007.
Recommendation of the Administrative Law Judge - Uphold the release at the end of the working test period.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-3 SHAY SAMPSON
Shay Sampson, Police Officer, City of Camden, Police Department, fine equal to 15 days' pay on charges of violation of Police Department rules regarding conduct subversive of good order and discipline of the department and prohibited activity on duty.
Recommendation of the Administrative Law Judge - Modify the fine equal to 15 days' pay to a written reprimand.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to a fine equal to five days' pay.
A-4 RASHID BEY
Rashid Bey, Cook-12 Months, Ancora Psychiatric Hospital, Department of Human Services, removal effective August 21, 2007, on charges of creating a disturbance on State property and insubordination.
Recommendation of the Administrative Law Judge - Modify the removal to a six-month suspension.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to uphold the removal.
A-5 SHELLEY COCHRANE
Shelley Cochrane, Cemetery Caretaker, County of Gloucester, Department of Buildings and Grounds, two removals effective June 11, 2008, on charges of conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the two removals.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-6 KEVIN GEORGE (REMAND)
Kevin George, Police Sergeant, City of Newark, Police Department, removal effective April 11, 2001, on charges of violation of Police Department rules regarding the drug screening policy, intoxication or illegal use of drugs, 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-7 CONNIE HUEWITT
Connie Huewitt, Senior Clerk Typist, Trenton Psychiatric Hospital, Department of Human Services, removal effective January 29, 2008, on charges of conduct unbecoming a public employee and neglect of duty which could result in causing danger to persons.
Recommendation of the Administrative Law Judge - Dismiss the appeal for failure to pursue.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-8 CRAIG JASPERSE
Craig Jasperse, Residential Services Worker, Woodbine Developmental Center, Department of Human Services, three removals effective October 4, 2007, one on the charge of falsification, another on the charge of insubordination and the third removal on the charge of fighting or creating a disturbance on State property.
Recommendation of the Administrative Law Judge - Uphold the three removals.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-9 TYREESE WICKER
Tyreese Wicker, Senior Building Maintenance Worker, Greystone Psychiatric Hospital, Department of Human Services, 20-day suspension on the charge of creating a disturbance on State property, 20-day suspension on the charge of leaving an assigned work area without permission, and removal effective October 4, 2007 on the charge of leaving an assigned work area without permission. This matter was originally presented to the Civil Service Commission on February 11, 2009 but was held over.
Recommendation of the Administrative Law Judge - Modify the 20-day suspension and removal on the charges of leaving an assigned work area without permission to a six-month suspension.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to uphold the two 20-day suspensions and the removal.
SECTION B - MISCELLANEOUS MATTERS
B-1 YANETT L. GRISOM
Yanett L. Grisom appeals her rejection as a Police Officer candidate by Atlantic City and its request to remove her name from the eligible list for Police Officer (S9999H) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-2 SUSAN CONVEY
Susan Convey, a Charge Nurse, 12 Months, at Hagedorn Psychiatric Hospital, Department of Human Services, represented by Robert O. Yaeger, Principal Staff Representative, CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-3 ROBERT FUNDERBURK
Robert Funderburk, a Senior Correction Officer with the New Jersey State Prison, 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 granted.
B-4 HONEY MEERZON
Honey Meerzon, an Auditor 3, Taxation, with the Department of the Treasury (Treasury), represented by Gregory S. Schaer, Esq., appeals the denial of sick leave injury (SLI) benefits. Ms. Meerzon also appeals the determination of the Equal Employment Opportunity/Affirmative Action, Office, Treasury, stating that the appellant did not present sufficient evidence to support a finding that she had been subject to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this matter be held over.
B-5 ANDRE NOGUERAS
Andre Nogueras, a Senior Correction Officer with the Department of Corrections, represented by Samuel Gaylord, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-6 HARRY OLIVERAS
Harry Oliveras, a Senior Correction Officer with the Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission referred the matter to the Medical Examiners Panel.
B-7 TERRY PARHAM
Terry Parham, an Administrative Specialist 2, Judiciary with the Administrative Office of the Courts, Judiciary, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-8 CHARLES WHITE
Charles White, a Senior Correction Officer with the New Jersey State Prison, 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-9 JAIME J. RIVERA
Jaime J. Rivera, represented by Charles M. Grossman, Esq., appeals the decision of the Division of Local Human Resource Management, which upheld the removal of his name from the eligible list for Police Officer (S9999F), Newark, based on his unsatisfactory driving record.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-10 CHARLES TREADWELL
Charles Treadwell appeals the decision of the Division of Local Human Resource Management, which upheld the removal of his name from the eligible list for County Correction Officer (S9999H), Essex County, based on his unsatisfactory driving record.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-11 VICTOR VAZQUEZ
Victor Vazquez appeals the decision of the Division of Local Human Resource Management, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Police Officer (S9999F), Newark, eligible list on the basis that he did not complete pre-employment processing.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-12 ASSESSING CLERK (M1317H), DEPTFORD
The matter of whether Deptford should be granted permission not to make an appointment from the May 29, 2007 certification for Assessing Clerk (M1317H) has been referred to the Civil Service Commission for review.
ACTION: The Civil Service Commission denied the request for an appointment waiver and ordered the appointing authority to remove the provisional appointee, properly dispose of the certification, and pay compliance costs in the amount of $1000.
B-13 DEPUTY FIRE CHIEF (PM3502H), CITY OF CAMDEN
The City of Camden requests that the eligible list for Deputy Fire Chief (PM3502H) be extended for one year beyond its expiration date.
ACTION: The Civil Service Commission granted the request.
B-14 SECURITY GUARD (M0884G), JERSEY CITY SCHOOL DISTRICT
The appointing authority requests that the eligible list for Security Guard (M0884G), Jersey City School District, be extended for one year beyond its expiration date.
ACTION: The Civil Service Commission granted the request.
B-15 SENIOR CLERK TYPIST
The appointing authority's failure to dispose of the certification for Senior Clerk Typist (Special Re-employment List), Newark, while a provisional is serving in the title has been referred to the Civil Service Commission for enforcement.
ACTION: The Civil Service Commission ordered the appointing authority to remove the provisional appointee, make an appointment from the certification, and pay compliance costs.
B-16 ROBERT JORDAN
The Department of Corrections, represented by Betty Ng, DAG, petitions for a stay of the decisions In the Matter of Robert Jordan (MSB, decided June 11, 2008), aff'd on reconsideration (CSC, decided August 27, 2008), which awarded Robert Jordan back pay and counsel fees, pending the outcome of its appeal to the Appellate Division of Superior Court of his reinstatement.
ACTION: The Civil Service Commission denied the request.
B-17 MARIBEL FERMIN
Maribel Fermin, a Business Representative 3 with the Department of Labor and Workforce Development, appeals the determination of the Commissioner, 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-18 GEORGE O. ROBINSON, JR.
George O. Robinson, Jr., an Assistant Superintendent 1 with the Department of Corrections, represented by Sidney H. Lehmann, Esq., appeals the determination of the Director of Operations, stating that there was probable cause to substantiate a finding that he violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-19 ANNA TOMKO
Anna Tomko, a Customer Service Representative 2 with the Division of Addiction Services, Department of Human Services, appeals the determination of the Chief of Staff, which found sufficient evidence that the appellant violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-20 PATRICIA BELL, ET AL.
Patricia Bell, Bethsaida Colmenares, John F. Hogan, Kathleen M. Horton, and Peter Rosetta appeal the decisions of the Division of State Human Resource Management that the proper classification of their positions is Senior Investigator, Public Defender, or Senior Investigator, Public Investigator (Bilingual in Spanish and English). The appellants seek a Principal Investigator, Public Defender, or a Principal Investigator, Public Defender (Bilingual in Spanish and English) classification.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-21 FREDERICKA LOCKHART
Fredericka Lockhart appeals the determination of the Division of Local Human Resource Management that her position is properly classified as Clerk Typist. Appellant seeks a Radio Dispatcher or Senior Clerk Typist classification in this proceeding.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-22 NICOLE RURA, ET AL.
Nicole Rura appeals the decision of the Division of State Human Resource Management (SHRM) that the proper classification of her position is Data Entry Machine Operator. Patricia Tattoni and Abigail Williams appeal the decisions of SHRM that the proper classification of their positions is Senior Clerk Typist. The appellants seek a Customer Service Representative 4 classification.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-23 BAHRAM B. SALAHI
Bahram B. Salahi appeals the decision of the Division of State Human Resource Management that the proper classification of his position is Principal Environmental Engineer, Waste Management with an effective date of May 10, 2008. The appellant seeks an October 2007 effective date of reclassification.
ACTION: The Civil Service Commission directed that this appeal be granted and appellant's effective date of reclassification be changed to November 24, 2007.
B-24 MARIANNE VERDE
Marianne Verde appeals the decision of the Division of State Human Resource Management that the proper classification of her position is Supervisor, Administrative Services, Parks and Forestry with an effective date of March 29, 2008. The appellant seeks a July 14, 2005 effective date of reclassification.
ACTION: The Civil Service Commission directed that this appeal be granted and the appellant's effective date of reclassification be changed to August 20, 2005.
B-25 EDWIN GONZALEZ
Edwin Gonzalez petitions for reconsideration of the decision, In the Matter of Edwin Gonzalez, Sheriff's Officer Sergeant (PC2685G), Hudson County (MSB, decided June 11, 2008), which upheld the removal of his name from the promotional list for Sheriff's Officer Sergeant (PC2685G), Hudson County. Juan M. Perez, Sheriff, Hudson County, requests that Mr. Gonzalez's permanent service be aggregated so that he may be deemed eligible for the promotion examination for Sheriff's Officer Sergeant (PC2671K).
ACTION: The Civil Service Commission denied the requests.
B-26 JOAQUINA LARANJEIRA
Joaquina Laranjeira, a former Grounds Worker with Kean University, represented by Michele Y. Nash, Esq., petitions for reconsideration of the final administrative decision, rendered on August 27, 2008, in which the Civil Service Commission upheld the dismissal with prejudice of the petitioner's appeal of her removal on charges.
ACTION: The Civil Service Commission denied the request for reconsideration.
B-27 MIKLE BRANCH
Mikle Branch, Senior Correction Officer, represented by Colin M. Lynch, Esq., appeals an official written reprimand issued by the Department of Corrections.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-28 ESSENTIAL EMPLOYEES, JUDICIARY
The Probation Association of New Jersey (PANJ), represented by Daniel J. Zirrith, Esq., appeals the denial of its grievance at Step One.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-29 SAMUEL DENAPOLI
Samuel DeNapoli, a Senior Food Service Handler with Woodbine Developmental Center, Department of Human Services, requests a hearing regarding his resignation in good standing.
ACTION: The Civil Service Commission denied the request.
B-30 RODNEY HENDERSON
Rodney Henderson, a former Security Guard with the Newark Free Public Library, represented by Herbert J. Tan, Esq., appeals his resignation in good standing.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-31 LISA KOSCIOLEK
Scotch Plains petitions the Civil Service Commission for a retroactive date of permanent appointment to the title of Police Records Clerk for Lisa Kosciolek.
ACTION: The Civil Service Commission granted the request.
B-32 JOSEPH R. PETRIELLO
Joseph R. Petriello, a County Correction Officer with Monmouth County, requests that he be permitted to complete the remainder of his working test period for County Correction Officer that he began prior to his layoff from Passaic County Sheriff's Office with the Monmouth County Correctional Institute.
ACTION: The Civil Service Commission granted the request.
B-33 AMIN BRITT
Amin Britt, represented by Nicholas J. Palma, Esq., requests additional relief regarding his restoration to the Police Officer (S9999H), Newark, eligible list.
ACTION: The Civil Service Commission granted the request.
B-34 ROGER CALDWELL, JR.
The appeal of Roger Caldwell, Jr., a Human Services Specialist 2 with the Mercer County Board of Social Services, of his removal, effective August 1, 2005, on charges, was heard by Administrative Law Judge James Faison, III (ALJ), who rendered his initial decision on October 1, 2008. At its meeting on February 11, 2009, the Civil Service Commission did not adopt the ALJ's recommendation to dismiss the charges and reverse the removal. Rather, the Commission upheld the removal. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-35 RENETTA AIKENS, ET AL.
Renetta Aikens, Afiah Atakora, and Doris Dortch appeal the determinations of the Division of Selection Services which found that they were below the minimum requirements in experience for the promotional examination for Budget Analyst 1 (PS8461K), Department of Children and Families.
ACTION: The Civil Service Commission directed that these appeals be granted.
B-36 PENELOPE ALMORE
Penelope Almore appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the open competitive examination for Supervising Program Development Specialist (S0089K), Statewide.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-37 ERNEST J. BIRCH AND JANET PARROTTA
Ernest J. Birch and Janet Parrotta appeal the determinations of the Division of Selection Services which found that they did not meet the requirements for the promotional examination for Manager 1, Information Processing (PS3929K), Department of Human Services.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-38 ASHOK B. BRAHMBHATT
Ashok B. Brahmbhatt 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 Assistant Engineer, Materials (PS2880T), Department of Transportation.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-39 BRENDA DAMICO
Brenda Damico 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 Management Assistant (PC0789K), Atlantic County.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-40 DIANE FELLER
Diane Feller appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Computer Operator 3 (PS7413P), Department of Law and Public Safety.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-41 STEPHANIE GREENWOOD
Stephanie Greenwood appeals the determination of the Division of Selection Services which found that she did not meet the minimum requirements in education and experience for the open competitive examination for Principal Planner (Community Development Program) (M0188K), Newark.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-42 LOUIS GUARINO
Louis Guarino 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 Personnel Officer (M0482K), Hamilton Township.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-43 RICHARD L. LECLERCQ
Richard L. LeClercq appeals the determination of the Division of Selection Services which found that he did not meet the experience requirement for the promotional examination for Director of Data Processing (PC1588H), Monmouth County.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-44 WANDA LOVE
Wanda Love appeals the determination of the Division of Division of Selection Services which found that she was below the minimum requirements in experience for the promotional examination for Supervisor of Accounts (PC0437K), Mercer County Board of Social Services.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-45 WILLIAM J. O'BRIEN AND MCKINLEY WILLIAMS
William J. O'Brien and McKinley Williams appeal the determinations of the Division of Selection Services which found that they did not meet the requirements for the open competitive examination for Manager 1, Human Resources (S4109J).
ACTION: The Civil Service Commission directed that these appeals be denied.
B-46 MELANIE REEVES
Melanie Reeves appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Technician, Management Information Systems (PS9180H), Department of Health and Senior Services.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-47 MATTHEW TOMARO
Matthew Tomaro appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience in experience for the promotional examination for Truck Driver, Single Axle (PS9391K), Green Brook Regional Center, Department of Human Services.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-48 ANTOINE BARRETT
Antoine Barrett appeals the decision of the Division of Selection Services which determined that he did not pass the written cognitive portion of the examination for Fire Fighter (M9999H).
ACTION: The Civil Service Commission directed that this appeal be denied.
B-49 DARCEE J. BARRY
Darcee J. Barry petitions the Civil Service Commission to allow her to file an untimely application for the open competitive examination for Paralegal Technician 2 (S0647J), Statewide.
ACTION: The Civil Service Commission denied the request.
B-50 JOSEPH PACELLA
Joseph Pacella appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the open competitive examination for Social Worker, Aging (C0665K), Hunterdon County and petitions the Civil Service Commission to allow him to file an untimely application for the promotional examination for Social Worker, Aging (PC1407K), Hunterdon County.
ACTION: The Civil Service Commission directed that this appeal and request be denied.
B-51 JESSIE HORNE
The appointing authority requests that the provisions of N.J.A.C. 4A:6-3.4(a), which govern the time period in which employees must file an application for Supplemental Compensation on Retirement (SCOR), be relaxed to permit Jessie Horne, a former Senior Therapy Program Assistant at Ancora Psychiatric Hospital, Department of Human Services, to submit a late application for SCOR benefits.
ACTION: The Civil Service Commission granted the request.
B-52 BARRY DAVIS
The Department of Law and Public Safety, on behalf of Barry Davis, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit Mr. Davis, who is participating in the donated leave program, to receive more than the 180 donated leave days allowed to a recipient.
ACTION: The Civil Service Commission granted the request.
B-53 CIVIL SERVICE COMMISSION MINUTES
The Civil Service Commission Minutes of its meeting of February 11, 2009 are submitted for adoption.
ACTION: The Civil Service Commission adopted the minutes of its meeting of February 11, 2009.
B-54 EDNA HOWLEN AND MARY JASINSKI
The Department of the Treasury, on behalf of Edna Howlen and Mary Jasinski, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit them to donate more than 10 sick days to Donna Samuels, who is participating in the donated leave program.
ACTION: The Civil Service Commission granted the request.
B-55 LAURIN C. STAHL
Laurin C. Stahl petitions for reconsideration of In the Matter of Laurin C. Stahl, Department of Children and Families (CSC, decided July 16, 2008), which found in part that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission remanded the matter of the umbrella incident to the Department of Children and Families for further investigation and denied the remainder of the request.
B-56 DANIEL WILLIAMS
The City of Newark, represented by Steven F. Olivo, Assistant Corporation Counsel, petitions the Civil Service Commission for reconsideration of the final decision rendered on September 24, 2008, which adopted the ALJ's recommendation to modify the removal of Daniel Williams, a Laborer, to a 30 working day suspension.
ACTION: The Civil Service Commission denied the request for reconsideration.
B-57 BIANCA LAMPLEY
The appeal of Bianca Lampley, a Police Officer with the Township of Lawrence, of her three removals, effective September 20, 2007, on charges, was heard by Administrative Law Judge (ALJ) Douglas H. Hurd, who rendered his initial decision on August 28, 2008. At its meeting on February 11, 2009, the Civil Service Commission (Commission) adopted the ALJ's recommendation to reverse removals one and two and to uphold the third removal. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-58 ANSELMO BREMMER, ET AL
The appeals of Anselmo Bremmer, David Harris, Matthew Hicks, John Mendes, Marie Rangaswamy, Richard Strucek and Owen Williams, former Senior Juvenile Detention Officers with Monmouth County, of the good faith of their demotions to Juvenile Detention Officers in lieu of layoff, effective February 16, 2007, for reasons of efficiency and economy, were heard by Administrative Law Judge (ALJ) Joseph F. Martone, who rendered his initial decision on November 10, 2008. At its meeting on February 11, 2009, the Civil Service Commission (Commission) adopted the ALJ's recommendation to grant the appointing authority's motion for summary decision and uphold the demotions in lieu of layoff. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-59 DANIEL MURRAY
The appeal of Daniel Murray, a former Correction Lieutenant with East Jersey State Prison, Department of Corrections, of his 30-day suspension, on charges, was before Administrative Law Judge (ALJ) James A. Geraghty, who rendered his initial decision on November 26, 2008. Since the appointing authority modified the penalty to an official written reprimand, the ALJ determined that the Office of Administrative Law (OAL) no longer had jurisdiction. At its meeting on February 11, 2009, the Civil Service Commission ordered that the matter be remanded to the OAL. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
B-60 LAWRENCE COPLING
The appeal of Lawrence Copling, a Senior Correction Officer at Riverfront State Prison, Department of Corrections, of his 15 working day suspension, on charges, was heard by Administrative Law Judge (ALJ) John Schuster, who rendered his initial decision on December 23, 2008. At its meeting on February 11, 2009, the Civil Service Commission (Commission) did not adopt the ALJ's recommendation to modify the 15 working day suspension to a 120 day suspension. Rather, the Commission upheld the 15 working day suspension. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-61 EVANDRO SARAMAGO
Evandro Saramago, represented by Matthew M. McDowell, Esq., appeals the determination of the Division of Selection Services which found him ineligible for the promotional examination for Police Sergeant (PM2607J), Newark due to an untimely application.
ACTION: The Civil Service Commission directed that this appeal be granted.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, March 11, 2009, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
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Hope L. Cooper, Chairperson
Civil Service Commission
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