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Robert M. Czech, Chairperson
Robert E. Brenner
Thomas J. Perna
Richard E. Williams
October 3, 2012
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A regular meeting of the Civil Service Commission was held on Wednesday, October 3, 2012, in Trenton, New Jersey.
PRESENT: Robert M. Czech, Chairperson, Members Robert E. Brenner, Thomas J. Perna and Richard E. Williams; 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 28, 2011, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Amelia Arroyo
Essex County
Department of Citizen Services
Suspension
In the Matter of Natalie Calloway
Ancora Psychiatric Hospital
Department of Human Services
Release at the end of the working test period
In the Matter of John Cheeseman
New Jersey State Prison
Removal
In the Matter of Darlene R. Hannah-Collins
Camden County Municipal Utilities Authority
Layoff
In the Matter of Giuseppe Maiorano
City of Newark
Police Department
Suspension
In the Matter of Sean McNally
City of Paterson
Police Department
Removal
In the Matter of Saleem Muse
Essex County
Department of Citizen
Removal
In the Matter of Francis Nkrumah
Ancora Psychiatric Hospital
Department of Human Services
Resignation not in good standing
In the Matter of Shakerah Parker
Hunterdon Developmental Center
Department of Human Services
Removal
In the Matter of Sean Pyatt
Hunterdon Developmental Center
Department of Human Services
Removal
In the Matter of Rafael Rivera
City of Newark
Police Department
Suspension
In the Matter of Scott Shields
Hunterdon Developmental Center
Department of Health Services
Removal
In the Matter of Gustavo Torres
City of Newark
Police Department
Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENTS
ACTION: The Civil Service Commission acknowledged the settlements with the exception of Darlene R. Hannah-Collins which was held over for clarification.
.
A-2 BEVERLY-ANN SCHILLING
Beverly-Ann Schilling, Social Worker, Ocean County Board of Social Services, release at the end of the working test period effective February 11, 2009.
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 STEPHEN KULP
Stephen Kulp, Cottage Training Technician, Hunterdon Developmental Center, Department of Human Services, removal effective July 23, 2011, on charges of neglect of duty which could result in danger to persons or property, violation of procedure, conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-4 MARCELINO MARTINEZ
Marcelino Martinez, Laborer 1, Township of Lakewood, Department of Public Works, removal effective February 10, 2012, on charges of incompetency, inefficiency or failure to perform duties, insubordination, 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-5 DARREN NANCE
Darren Nance, Police Officer, City of Newark, Police Department, removal effective September 3, 1996, on charges of incompetency, inefficiency or failure to perform duties, insubordination, inability to perform duties, chronic or excessive absenteeism or lateness, conviction of a crime, conduct unbecoming a public employee, neglect of duty and other sufficient cause.
Recommendation of the Administrative Law Judge - Reverse the removal, grant appellant's motion for summary decision and deny the appointing authority's motion for summary decision.
ACTION: The Civil Service Commission directed that this matter be held over pending a determination of an appeal to the Third Circuit Court of Appeals.
A-6 LAWRENCE NORMAN
Lawrence Norman, Police Officer, City of Camden, Police Department, removal effective July 8, 2009, on charges of violation of Police Department rules and regulations and other sufficient cause.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Civil Service Commission directed that this matter be held over for a testimony summary.
A-7 CURTIS ROBINSON
Curtis Robinson, Senior Medical Security Officer, Ann Klein Forensic Psychiatric Hospital, Department of Human Services, removal effective January 12, 2011, on charges of conduct unbecoming a public employee, physical or verbal abuse of a patient, client, resident or employee and other sufficient cause.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Civil Service Commission directed that this matter be remanded to the Office of Administrative Law.
A-8 SETTLEMENTS
In the Matter of Kenneth Baldosaro
South Woods State Prison
Department of Corrections
Removal
ACTION: The Civil Service Commission acknowledged the settlement.
SECTION B - MISCELLANEOUS MATTERS
B- 1 The Division of Classification and Personnel Management requests a bilingual variant for the title Court Services Officer 2 (77230), Judiciary.
ACTION: The Civil Service Commission directed that this request be granted.
B-2 PAUL D. SIMOES
Paul D. Simoes, represented by Lucille LaCosta-Davino, Esq., appeals his rejection as a County Correction Officer Recruit candidate by Union County and its request to remove his name from the eligible list for County Correction Officer Recruit (S9999H), on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission referred this matter for an independent psychological evaluation.
B-3 KEVIN SMITH
Kevin Smith 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-4 JANE KLAWUNN
Jane Klawunn, represented by Robert Yaeger, CWA Local 1040, Hagedorn Psychiatric Hospital, appeals the attached determination of her layoff rights by the Division of Classification and Personnel Management or, in the alternative, requests to relax the applied uniform regulatory criteria in N.J.A.C. 4A:8-2.1 et seq. in order to provide her with layoff rights to the title Assistant Social Work Supervisor (Developmental Disabilities) in the Hunterdon Developmental Center.
ACTION: The Civil Service Commission directed that this appeal and request be denied.
B-5 NIKIA RIVERA
The appeal of Nikia Rivera, a County Correction Officer with Cumberland County, Department of Corrections, of a removal, on charges, effective January 24, 2012, was before Administrative Law Judge W. Todd Miller, who rendered his initial decision on July 16, 2012, recommending acknowledgement of the settlement of the parties.
ACTION: The Civil Service Commission remanded this matter to the Office of Administrative Law.
B-6 GARY DEMARZO
Gary S. DeMarzo, represented by Louis M. Barbone, 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 the appellant's name from the Correction Officer Recruit (S9999K), Department of Corrections, eligible list on the basis of an unsatisfactory driving record, an unsatisfactory employment record, and falsification of his employment application.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-7 ANTONIO SANTOS
Antonio J. Santos, represented by Paul W. Mackey, Esq., appeals the removal of his name from the eligible list for Correction Officer Recruit (S9987M), Department of Corrections, on the basis of an unsatisfactory criminal background.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-8 DAMIANA KIERNAN
Damiana Kiernan appeals the determination of the Division of Selection Services and Recruitment which found that she was not eligible for the promotional examination for Senior Management Assistant (PS7109P), Department of Law and Public safety, because her application was received after the closing date of the examination announcement.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-9 ANTHONY CANGLIN
Anthony Canglin appeals the determination of the Division of Selection Services and Recruitment which found that he was not eligible for the promotional examination for Industrial Manager 2, State Use Industries (PS2953I), Bayside State Prison, because he was not employed in the announced unit scope.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-10 GERRY GEORGE
The Department of Corrections requests that Gerry George's out-of-title experience be accepted to qualify him for a prospective promotional examination for the title of Crew Supervisor, Building Maintenance Programs.
ACTION: The Civil Service Commission directed that this request be granted.
B-11 JOSEPH RESTIVO
Joseph Restivo appeals the decision of Bergen County to remove of his name from the November 7, 2011 certification of the Investigator Elections (C2042N), Bergen County eligible list due to his lack of requirements for the position.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-12 ROBERT TRENT
Robert Trent, a Senior Investigator, Parole and Secured Facilities with the Department of Corrections (DOC), represented by Catherine Elston, Esq., appeals his non-appointment from the promotional list for Principal Investigator, Parole and Secured Facilities (PS4821I), DOC.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-13 JAMES PRONCHICK
The Department of the Treasury requests that the eligible list for Chief of Operations, Treasury (PS2348U), Department of the Treasury, be revived in order to appoint James Pronchick effective April 21, 2012.
ACTION: The Civil Service Commission directed that this request be granted.
B-14 AQILA ABDULLAH
Aqila Abdullah, a Senior Correction Officer with South Woods State Prison, Department of Corrections, appeals the determination of the Assistant Director of the Equal Employment Division, stating that the appellant 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 this appeal be denied.
B-15 NASHEEDAH SINGLETON
Nasheedah Singleton, a Senior Correction Officer with the Department of Corrections, appeals the determination of the Director, Equal Employment Division, which found that the appellant did not 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 this appeal be denied.
B-16 VIRGIL ROBERTS
Virgil Roberts, a Senior Correction Officer with the Department of Corrections, represented by Colin M. Lynch, Esq., appeals the determination of the Director, Equal Employment Division, which found that the appellant did not 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-17 VERONICA TUCKER
Veronica Tucker, a Senior Correction Officer with the Department of Corrections, appeals the determination of the Assistant Director, Equal Employment Division, which found that the appellant did not 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-18 THOMAS HARRIS, JR.
Thomas Harris, Jr., Esq., appeals the decision of the Division of Classification and Personnel Management which found that his position is properly classified a Legal Assistant 2, Office of Administrative Law. The appellant seeks a Legal Assistant 1, Office of Administrative Law job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-19 DENISE HUDSON
Denise Hudson appeals the December 7, 2011 decision of the former Division of State and Local Operations which found that her position with the Department of the Treasury is properly classified as Head Clerk. The appellant seeks a Technical Assistant 1, Treasury job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-20 BATTALION FIRE CHIEF (PM0142P), CITY OF HOBOKEN
Jason Cassesa and David Buoncuore, Fire Captains with the City of Hoboken, request relief from the Civil Service Commission concerning the eligibility of Fire Captain candidates for the Battalion Fire Chief (PM0142P), City of Hoboken examination.
ACTION: The Civil Service Commission directed that this request be denied.
B-21 MECHANIC (M2189N), FAIRVIEW
Fairview requests permission not to make an appointment from the October 18, 2011 certification for Mechanic (M2189N).
ACTION: The Civil Service Commission granted an appointment waiver and assessed selection costs in the amount of $2,048.
B-22 SHANNON CONWAY
The appeal of Shannon Conway, a Public Safety Telecommunicator with Monmouth County, of her 30 working day suspension, on charges, was heard by Administrative Law Judge Susan M. Scarola (ALJ), who rendered her initial decision on July 27, 2012. At its meeting on September 19, 2012, the Civil Service Commission did not adopt the ALJ's recommendation to uphold the 30 working day suspension. Rather, the Commission modified the penalty to a 15 working day suspension. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Abstained)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-23 FRANK ROKINS
The appeal of Frank Rokins, a Security Guard with the Newark School District, of his removal effective December 12, 2011, on charges, was heard by Administrative Law Judge Tiffany M. Williams (ALJ), who rendered her initial decision on August 13, 2012. At its meeting on September 19, 2012, 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 final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (Abstained)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-24 BUILDING INSPECTOR (M0159M), LONG BEACH
The Township of Long Beach requests reconsideration of the decision rendered on November 22, 2011 by the Civil Service Commission in In the Matter of Building Inspector (M0159M), Long Beach, which ordered it to immediately remove the provisional incumbent and to properly dispose of the July 13, 2010 certification within 30 days.
ACTION: The Civil Service Commission directed that the request for reconsideration be granted and assessed selection costs in the amount of $2,048 and ordered Long Branch to remit the $1,000 previously assessed.
B-25 THOMAS MITCHELL
Thomas Mitchell, represented by Stephan Siegel, Esq., requests reconsideration of the decision rendered on July 27, 2011, which upheld his 45 working day suspension.
ACTION: The Civil Service Commission directed that the request for reconsideration be granted, but affirmed the prior decision.
B-26 SHAUN WILKING
Shaun Wilking, represented by Jennifer Heiner Pisano, Esq., petitions the Civil Service Commission for reconsideration of its final decision, rendered on March 7, 2012, which upheld the bypass of his name from the Fire Fighter (M2390H), Ridgewood, eligible list.
ACTION: The Civil Service Commission directed that the request for reconsideration be denied.
B-27 JUSTIN CARDUCCI
Justin Carducci appeals the determination of the former Division of Selection Services that he did not meet the experience requirements for the promotional examination for Senior Custodian (PM0056P), Jersey City School District.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-28 PAUL CERNIGLIA, ET AL.
Paul Cerniglia, Michael Mandriota, Scott Paladino and Paul Razzoli appeal the test administration of the examination for Fire Officer 1 (PM5205N), Jersey City.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-29 MICHAEL CLEENPUT, ET AL.
Michael Cleenput, John Pettigrew, and Robert Torres, Jr., appeal the test administration of the examinations for Fire Captain (PM5238N), Paterson, Fire Captain (PM5229N), Kearny, and Fire Captain (PM5206N), North Hudson Regional Fire and Rescue Service, respectively.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-30 PATRICIA CONSTANCE
Patricia Constance appeals the determination of the Division of Selection Services and Recruitment that she did not meet the experience requirements for the promotional examination for Principal Purchasing Assistant (PC0354P), Mercer County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-31 MICHELLE DEFRANCIS
Michelle DeFrancis appeals the determination of the former Division of Selection Services that she did not meet the experience requirement for the promotional examination for Purchasing Agent (PM0113P), Jackson Township Municipal Utilities Authority.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-32 BRUNA FERNANDES
Bruna Fernandes appeals her score for the Bilingual Communication Abilities Test for English/Spanish for Family Service Specialist 2, Department of Children and Families.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-33 NIEVE GARCIA
Nieve Garcia requests a retest of the examination for Human Services Specialist 1 (C0049P), Bergen County.
ACTION: The Civil Service Commission directed that this request be denied.
B-34 MELANIE KEMERY
Melanie Kemery, represented by John Pilles, Jr., Esq., appeals the physical performance portion of the examination for Fire Fighter (M9999M) on the basis that it discriminates against women.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-35 MARK MOGUIN
Mark Moguin appeals the determination of the former Division of Selection Services that he did not meet the experience requirement for the promotional examination for Supervisor, Central Mailing Room (PC0127P), Morris County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-36 JASON ANZELMO, ET AL.
Jason Anzelmo, Jeffrey Bracken, Ronald Laube, Edward Polak, Jason McGurk, John Sinke, and Charles Stauhs, Fire Lieutenant (PM5178N), Clifton; John Kurz, Fire Lieutenant (PM5180N), Hackensack; Keith Bierwisch, Tyrone Brown and Kevin Franz, Fire Lieutenant (PM5182N), Irvington; Jason Iozzi and Michael Smith, Fire Lieutenant (PM5185N), Linden; Henry Cioffi, Fire Lieutenant (PM5186N), Long Branch; Mark Jenkins, Fire Lieutenant (PM5188N), Mount Laurel; Stephen Bonura, Collin Thomas, and Donald Whitlock, Fire Lieutenant (PM5189N), New Brunswick; David Hollywood and Don Santangelo, Fire Lieutenant (PM5191N), Nutley; Brian Lopazanski, Fire Lieutenant (PM5194N), Perth Amboy; John Coppola and John Reed, Fire Lieutenant (PM5195N), Plainfield; Michael Commins, John Denvir and Peter Scott, Fire Lieutenant (PM5198N), South Orange; Ed Collins, Richard Fretz, Brian Rocklein and Eric Stroming, Fire Lieutenant (PM5200N), Union Township; Thomas Grimley, Fire Lieutenant (PM5201N), Ventnor City; Paul Harvey, Fire Lieutenant (PM5202N), Vineland; Michael Wharton, Fire Lieutenant (PM5203N), Voorhees Township; and,
Robert Baykowski, Michael Budinick, Gary Byrne, Luis Colon, Alexander Degnan, Nicholas Degnan, Nicoli Georieff, Samuel Giove, Kevin Kulnis, Scott McDermott, Patrick Nestor, Jason Reo, Miguel Rios, Bryon Schoch, Carmine Rizzi, and Joseph Shastay, Fire Officer 1 (PM5205N), Jersey City; Joseph Arena, Richard Barreres, Michael Crossan, Frederick Leaycraft, Charles Snyder, Eduardo Valdivia, Jose Vargas and Steven Wojtowicz, Fire Officer 1 (PM5206N), North Hudson Regional Fire and Rescue Service; and,
Christian Osbeck, Fire Captain (PM5208N), Atlantic City; John Cleary, Christopher Czuba, Salvatore Gaetani, Brian Kacza, Roger Nunez, Vincent Parlavechio, William Rabbitt, Edward Ratyniak, Leo Smith, Michael Smith, William Urbanski, Fire Captain (PM5209N), Bayonne; Micheal Bevins, Christopher Colon, Frank Durantino, and Wojciech Masiak, Fire Captain (PM5211N), Bloomfield; Walter Cosby, and Kiron Walton, Fire Captain (PM5218N), East Orange; Luis Atienza, Ricardo Chaparro, Stephen Gagliano, Micheal Guarino, Thomas Kelly, Ryan Lin, Nicholas Sisk, Sean Wasacz and John Zapata, Fire Captain (PM5219N), Elizabeth; Robert Pienciak, Fire Captain (PM5225N), Hillside; Joseph Grossi, Matthew Markey and Keith Volaric, Fire Captain (PM5226N), Hoboken; Vincent Capriglione, Joseph Delikat, Joseph Gethard, Troy Harrison, Tyrone Johnson, Ernest Lunetta and Delfin Ortiz, Fire Captain (PM5234N), Newark; Brent Meisenhelter, Fire Captain (PM5236N), Ocean City; Micah Almendinger, Joseph Gonzalez, Gerard Long, Fire Captain (PM5237N), Orange; Craig Bland, Micheal Cleenput, Jason Macones, Jose Molina, Ascary Rios and Thomas VanDalinda, Fire Captain (PM5238N), Paterson; Mark Buriani, Brian Butler, David Jobes and Clinton Youngblood, Fire Captain (PM5243N), Trenton; Philip Bussey, Sean Gaynor, Douglas Johnson, Joseph Matullo and Kenneth Reitmeyer, Fire Captain (PM5246N), West Orange; and Brian Salmon, Steven Salzer and Steven Silcott, Fire Captain (PM5249N), Winslow Township, appeal the correct responses to various questions on their respective promotional examinations.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-37 CIVIL SERVICE COMMISSION MINUTES
Submitted for adoption are the Civil Service Commission minutes of its meeting of September 19, 2012.
ACTION: The Civil Service Commission adopted the minutes of its meeting of September 19, 2012.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (Abstained)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B- 38 The Division of Classification and Personnel Management requests the inactivation, renaming, or consolidation of seven State Health Related titles.
ACTION: The Civil Service Commission directed that this request be granted.
B-39 NAFAEESA MILLER
The appeal of Nafaeesa Miller, a County Correction Officer with Burlington County, of her 10 working day suspension and 20 working day suspension, on charges, was heard by Administrative Law Judge Robert W. Bingham, II (ALJ), which rendered his initial decision on May 24, 2012. At its meeting on September 19, 2012, the Civil Service Commission did not adopt the ALJ's recommendation to reverse the 10 working day suspension and the 20 working day suspension. Rather, the Commission upheld the suspensions. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (Abstained)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-40 CAMDEN COUNTY POLICE DEPARTMENT PILOT PROGRAM
Camden County requests that the Civil Service Commission establish a Pilot Program to provide for expeditious employment of qualified law enforcement officers to staff the new Camden County Police Department.
ACTION: The Civil Service Commission established the Camden County Police Department Pilot Program for the period from November 1, 2012 to October 31, 2013.
B-41 PROBATION OFFICER AND PROBATION OFFICER, BILINGUAL IN SPANISH AND ENGLISH, JUDICIARY
The Administrative Office of the Courts (AOC) requests a change in the effective date of the Probation Officer and Probation Officer, Bilingual in Spanish and English, Pilot Program, which was established by the Civil Service Commission from July 1, 2012 to June 30, 2013. Additionally, the AOC requests that the eligible lists for Probation Officer (S4444L) and Probation Officer, Bilingual in Spanish and English (S4445L), be revived.
ACTION: The Civil Service Commission directed that these requests be granted.
B-42 OMNIBUS OPERATOR (M2167N), NORTH BERGEN
The former Division of State and Local Operations requests that the Civil Service Commission order North Bergen to return the October 6, 2011 certification of the eligible list for Omnibus Operator (M2167N) for proper disposition.
ACTION: The Civil Service Commission directed that this request be granted.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, October 17, 2012, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
