Civil Service Commission | Meeting Minutes of May 1, 2013

Meeting Minutes of May 1, 2013

Robert M. Czech, Chairperson

Robert E. Brenner

Thomas J. Perna

MAY 1, 2013

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A regular meeting of the Civil Service Commission was held on Wednesday, May 1, 2013, in Trenton, New Jersey.

PRESENT: Robert M. Czech, Chairperson, Members Robert E. Brenner and Thomas J. Perna; Pamela Ullman, Deputy Attorney General; Henry Maurer, Director, Division of Appeals and Regulatory Affairs.

In accordance with L.1975, c.231, the Secretary to the Civil Service Commission opened the meeting with the following statement:

Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on November 30, 2012, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the hearing calendar:

Wonwhe Baker, Institutional Trade Instructor 2 Cooking, New Jersey State Prison, Department of Corrections, removal.

Joseph Bass, Senior Correction Officer, New Jersey State Prison, Department of Corrections, removal.

Jeaneen Bishop, Police Aide, City of Irvington, Police Department, suspension.

Ruddy Castillo, Laborer 1, City of Union City, Department of Public Works, removal.

Matthew Chrzanowski, Water Repairer1/Water Treatment Plant Operator, Mt. Laurel Utilities Authority, removal.

Elizabeth Crespo, Police Officer, City of Passaic, Police Department, layoff.

Omar Diaz, Police Officer, City of Newark, Police Department, suspension.

Priscilla Garcia, Parole Officer Recruit, New Jersey State Parole Board, removal

Jennifer Hiltner, County Correction Officer, Camden County, Correctional Facility, removal.

Michael Mercogliana, Sheriff's Officer, Cumberland County, Sheriff's Department, suspension.

Ann Osterman, Keyboarding Clerk 1, Middlesex County, Prosecutor's Office, suspension.

Kevin Rios, Residential Living Specialist, Greystone Park Psychiatric Hospital, Department, removal.

Norma Roman, Teacher's Aide, Newark School District, layoff.

Marvin Smith, Police Officer, City of Camden, Police Department, suspension.

Marvin Smith, Police Officer, City of Camden, Police Department, removal.

Albert Tarbotton, Recreation Program Coordinator, Department of Recreation, removal.

Jonathan Treacy, School Bus Driver, Township of Brick, Board of Education, removal.

Esther Tyndal, Clerk 1, City of East Orange, Department of Property Taxation, removal.

ACTION: The Civil Service Commission noted the withdrawal of appeals without prejudice.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Jacqueline Arguello

Hunterdon Developmental Center

Department of Human Services

Removal

In the Matter of Carmen Colon

Borough of Lawnside

Police Department

Suspension

In the Matter of Nicole Espinosa

Passaic County

Board of Social Services

Removal

In the Matter of Darryl Gatewood

Greystone Park Psychiatric Hospital

Department of Human Services

Suspension

In the Matter of Jill Jarrett

Monmouth County

Department of Police Radio

Suspension

VOTE: Robert M. Czech (Abstained)

Robert E. Brenner (Yes)

Thomas J. Perna (Yes)

In the Matter of Joequan Jenkins

City of Newark

Police Department

Removal

In the Matter of Nacisha Only

Department of Children and Families

Removal

In the Matter of Lorraine Ramsammy

Union County

Runnells Hospital

Removal

In the Matter of Dawn Wilson

Jersey City School District

Suspension

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

ACTION: The Civil Service Commission acknowledged the settlements.

A-2 CHRISTOPHER BURLAP

Christopher Burlap, County Correction Officer, Camden County, Department of Corrections, 45 working day suspension on charges of insubordination, conduct unbecoming a public employee, neglect of duty and other sufficient cause.

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-3 KEISHA MCGEE

Keisha McGee, Senior Correction Officer, Northern State Prison, Department of Corrections, 30 working day suspension on charges of insubordination, conduct unbecoming a public employee, other sufficient cause and violation of a rule, regulation, policy, procedure, order, or administrative decision.

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

ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

A-4 BRETT SCHMIDT

Brett Schmidt, Senior Correction Officer, Bayside State Prison, Department of Corrections, 120 working day suspension on charges of incompetency or failure to perform duties, other sufficient cause and violation of a rule, regulation, policy, procedure, order, or administrative decision.

Recommendation of the Administrative Law Judge - Modify the 120 working day suspension to a 30 working day suspension.

ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

A-5 HAROLD HOWELL

Harold Howell, Cottage Training Technician, Woodbine Developmental Center, Department of Human Services, removal effective March 31, 2010, on charges of conduct unbecoming a public employee, other sufficient cause and conviction of a criminal offense.

Recommendation of the Administrative Law Judge - Grant motion to dismiss appellant's appeal as moot because appellant's job was forfeited.

ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

SECTION B - MISCELLANEOUS MATTERS

B-1 STEVEN PONTICELLI

Steven Ponticelli, a Senior Correction Officer, Juvenile Justice, with the Juvenile Justice Commission, represented by Donald B. Barbati, Esq., appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-2 SHARON DELVALLE

Sharon DelValle, an Investigator, County Welfare Agency, with the Department of Human Services, Union County, represented by Clayton Giles, Esq., appeals the determination of her layoff rights by the former Division of State and Local Operations.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-3 DAVID BERKLEY

David Berkley, a former Claims Adjudicator, Disability Determinations, with the Department of Labor and Workforce Development, appeals the adjustment of his leave allowances due to his resignation.

ACTION: The Civil Service Commission directed that this appeal be granted.

B-4 KYLE CAMARAZA

Kyle Camaraza appeals the determination by the Division of Classification and Personnel Management which found that the appointing authority had presented a sufficient basis to remove his name from the Correction Officer Recruit (S9987M), Department of Corrections, eligible list due to an unsatisfactory driving record.

ACTION: The Civil Service Commission directed that this appeal be granted, but the appellant's name be recorded as bypassed for appointment.

B-5 MICHAEL C. JAKUB, JR.

Michael C. Jakub, Jr., appeals the decision of the Division of Classification and Personnel Management, which upheld the removal of his name from the Correction Officer Recruit (S9987M), Department of Corrections, eligible list due to his unsatisfactory criminal record.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-6 SHAUN MCNEIL

Shaun McNeil, represented by Daniel M. Kurkowski, Esq., appeals the decision of the former Division of State and Local Operations, which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Correction Officer Recruit (S9987M), Department of Corrections, on the basis of having an unsatisfactory criminal record and falsification of his employment application.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-7 THOMAS MOORE IV

Thomas Moore IV appeals the decision of the former Division of State and Local Operations, which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Correction Officer Recruit (S9987M), Department of Corrections, due to an unsatisfactory driving record.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-8 EDWARD MULLER

Edward Muller appeals the determination of the Division of Selection Services and Recruitment that denied his admittance to the promotional examination for Fire Captain (PM0178R), New Brunswick, due to non-receipt of an application.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-9 WILFREDO RUIZ

Wilfredo Ruiz, represented by Diego F. Navas, Esq., appeals the request of the appointing authority to remove his name from the eligible list for Fire Fighter (M2561M), City of Paterson, on the basis of his age.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-10 ATIYA WHITTEN

Atiya Whitten appeals the decision of the former Division of State and Local Operations, which found that the appointing authority had presented a sufficient basis to remove her name from the eligible list for Correction Officer Recruit (S9999K), Department of Corrections, because she did not complete pre-employment processing.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-11 JEFFREY CLARK

Jeffrey Clark, a Head Procurement Clerk with the Motor Vehicle Commission, appeals the determination of the Equal Employment Opportunity Officer, stating that the appellant failed to present sufficient evidence to support a finding that he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-12 FRITZ G. FRAGE

Fritz G. Frage, a Sergeant First Class (112 Day Pay Status) with the Division of State Police, appeals the decisions of the Chief of Staff, which found that the appellant failed 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 these appeals be denied.

B-13 SIMAR DHILLON

Simar Dhillon appeals the determination of the Division of Classification and Personnel Management that her position with the Office of Information Technology is properly classified as a Software Development Specialist 2. The appellant seeks a Software Development Specialist 3 job classification.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-14 MARY ANN DONNELLY

Mary Ann Donnelly appeals the decision of the Division of Classification and Personnel Management which found that her position with the Department of Agriculture is properly classified as Technical Assistant, Agriculture. The appellant seeks a Customer Service Representative 1 job classification.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-15 JOHN FREISE

John Freise appeals the decision of the Division of Classification and Personnel Management that his position with the Department of the Treasury is properly classified as Network Administrator 1. The appellant seeks a Network Administrator 2 job classification.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-16 MARIA RICCI

Maria Ricci appeals the determination of the former Division of State and Local Operations that her position with the Office of Information Technology is properly classified as a Data Processing Input/Output Control Specialist 2. The appellant seeks a Data Processing Input/Output Control Specialist 1 job classification.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-17 WENDY SZELINGOWSKI

Wendy Szelingowski appeals the decision of the former Division of State and Local Operations that her position with the Department of Law and Public Safety is properly classified as Senior Clerk Typist. The appellant seeks a Principal Clerk Typist job classification.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-18 TINA TOAL WOLFORD

Tina Toal Wolford appeals the determination of the Division of Selection Services and Recruitment denying her request for a make-up examination for the promotional examination for Senior Unemployment Insurance Clerk (PS8071N), Department of Labor and Workforce Development.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-19 SHAMUS ELLIS

The Borough of Brooklawn requests that Shamus Ellis receive a retroactive date of appointment.

ACTION: The Civil Service Commission directed that this appeal be granted.

B-20 MICHAEL RATCLIFFE

Lawrence Township requests that Michael Ratcliffe be provided a retroactive appointment, effective January 2, 2013.

ACTION: The Civil Service Commission directed that this request be granted.

B-21 JOSEPH ROBERTAZZI

Berkeley Township, represented by Thomas G. Gannon, Esq., petitions for revival of the Police Sergeant (PM2571J), Berkeley Township, eligible list, in order to effectuate the terms of a settlement agreement between it and Joseph Robertazzi.

ACTION: The Civil Service Commission directed that this request be granted.

B-22 ANTHONY WOODS

The College of New Jersey requests that Anthony Woods be added to the current eligible list for Plumber and Steamfitter.

ACTION: The Civil Service Commission directed that this request be granted in part.

B-23 ADMINISTRATIVE ANALYST (SPECIAL) AND (M0191M), NEWARK

Newark requests permission not to make an appointment from the April 4, 2011 certification of the Administrative Analyst (Special) and (M0191M) eligible lists.

ACTION: The Civil Service Commission directed that this request be granted and assessed partial selection costs in the amount of $1,024.

B-24 POLICE OFFICER (SPECIAL), NEWARK

The Division of Classification and Personnel Management requests that the Civil Service Commission order Newark to return the May 21, 2012 certification of the eligible list for Police Officer (Special) for proper disposition.

ACTION: The Civil Service Commission directed that this request be granted.

B-25 ROBERT ZORN

Robert Zorn, a former Youth Worker with the Youth Detention Center, Mercer County, represented by Susan J. Cameron, Esq., seeks reconsideration of the decision rendered on February 24, 2011 by Administrative Law Judge Susan M. Scarola, reversing his removal, ordering his reinstatement to the Juvenile Justice Commission Training Academy, and imposing a 60 day suspension. The appellant seeks back pay, benefits and seniority pursuant to N.J.A.C. 4A:2-2.10 and counsel fees pursuant to N.J.A.C. 4A:2-2.12.

ACTION: The Civil Service Commission directed that this request for reconsideration be granted, but the prior decision be affirmed.

B-26 PATRICIA ANDERSON AND ROBERT MCNEIL

Patricia Anderson and Robert McNeil appeal the validity of the promotional examination for Assistant Buyer (PS6414T), Department of Transportation.

ACTION: The Civil Service Commission directed that these appeals be denied.

B-27 VELMA L. BOURNE

Velma L. Bourne, represented by Christopher Young, Staff Representative, CWA Local 1040, appeals the determination of the Division of Selection Services and Recruitment which found that she was below the minimum requirements in education for the promotional examination for Program Coordinator, Mental Health (PS9830K), Greystone Park Psychiatric Hospital, Department of Human Services.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-28 KENNETH BULGER

Kenneth Bulger appeals his score for the oral portion of the promotional examination for Fire Captain (PM5229N), Kearny.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-29 ROBERT BUZZETTA

Robert Buzzetta appeals his score for the oral portion of the promotional examination for Fire Captain (PM5243N), Trenton.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-30 DAMIAN CACERES

Damian Caceres appeals his score for the oral portion of the promotional examination for Fire Captain (PM5229N), Kearny.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-31 DAVID HOLLYWOOD

David Hollywood appeals his score for the oral portion of the promotional examination for Fire Lieutenant (PM5191N), Nutley.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-32 ANTHONY RINALDI

Anthony Rinaldi appeals his score for the oral portion of the promotional examination for Fire Captain (PM5212N), Bordentown Township.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-33 JUAN RIVERA III

Juan Rivera III appeals his score for the oral portion of the promotional examination for Fire Captain (PM5243N), Trenton.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-34 MICHAEL SMITH

Michael Smith appeals his score for the oral portion of the promotional examination for Fire Captain (PM5209N), Bayonne.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-35 RICHARD SMITH

Richard Smith appeals his score for the oral portion of the promotional examination for Fire Captain (PM5246N), West Orange.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-36 WILLIAM URBANSKI

William Urbanski appeals his score for the oral portion of the promotional examination for Fire Captain (PM5209N), Bayonne.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-37 CIVIL SERVICE COMMISSION MINUTES

Submitted for adoption are the Civil Service Commission minutes of its meeting of April 17, 2013.

ACTION: The Civil Service Commission adopted the minutes of its meeting of April 17, 2013.

B-38 BENJAMIN ORTEGA

Benjamin Ortega, represented by Patrick P. Toscano, Esq., appeals his removal from the promotional list for Police Sergeant (PM2714L) by the North Bergen Police Department 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.

VOTE: Robert M. Czech (Abstained)

Robert E. Brenner (Yes)

Thomas J. Perna (Yes)

B-39 WILLIAM J. GIEGERICH

William J. Giegerich appeals the determination of the Division of Selection Services and Recruitment which found that he did not meet the requirements for the promotional examination for Economic Development Representative 2 (PS2551S), Department of State.

ACTION: The Civil Service Commission directed that this appeal be granted.

B-40 JAMES MARNELL

James Marnell, a Police Sergeant with the Hoboken Police Department, represented by Catherine M. Elston, Esq., appeals the bypass of his name on the promotional list for Police Lieutenant (PM2629L).

ACTION: The Civil Service Commission directed that this appeal be denied.

B-41 HELMUT KRAUTH

Helmut Krauth appeals his score for the oral portion of the promotional examination for Fire Lieutenant (PM5200N), Union Township.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-42 RAYMOND REILLY

Raymond Reilly appeals his score for the oral portion of the promotional examination for Fire Lieutenant (PM5200N), Union Township.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-43 JODY WEINER

Jody Weiner appeals his score for the oral portion of the promotional examination for Fire Lieutenant (PM5202N), Vineland.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-44 CHANGE IN CLASSIFICATION PLAN - TITLE INACTIVATION

The Division of Classification and Personnel Management requests the inactivation of the Geographic Information Systems Specialist Trainee and Operating Engineer Trainee titles.

ACTION: The Civil Service Commission directed that this request be granted.

B-45 CHANGE IN CLASSIFICATION PLAN - COMMON TITLE

The Division of Classification and Personnel Management requests that the State title Crew Supervisor Building Maintenance Workers be made common.

ACTION: The Civil Service Commission directed that this request be granted.

B-46 FAMILY SERVICE SPECIALIST 1 (PS3070K) (PS3417K) (PS3420K) AND FAMILY SERVICE SPECIALIST 1 (BILINGUAL IN SPANISH AND ENGLISH) (PS3416K)

Various applicants appeal the determinations of the Division of Selection Services and Recruitment which found that they were not eligible for the promotional examinations for Family Service Specialist 1 (PS3070K), (PS3417K), (PS3420K) and Family Service Specialist 1 (Bilingual in Spanish and English) (PS3416K) because they were not employed in the announced unit scopes.

ACTION: The Civil Service Commission directed that these appeals be granted.

There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, May 15, 2013, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.