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Meeting Minutes of August 4, 1998
Janice Mitchell Mintz, Chairwoman
Margaret E. L. Howard
Judith L. Shaw
Edward W. Verner, M.D.
A regular meeting of the Merit System Board was held on
Tuesday, August 4, 1998 in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz; Merit System
Board Members, Margaret E.L. Howard, Judith L. Shaw, and Edward
W. Verner, M.D., Andrea Grundfest, Deputy Attorney General; Henry
Maurer, Director, Elizabeth A. Napolitano, Sybil Janowitch, and
David Fish, Division of Merit System Practices and Labor
Relations.
In accordance with L.1975, c.231, Janice Mitchell Mintz,
Chairwoman, Merit System Board, 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 1, 1997 and
posted at the Department of Personnel, 3 Station Plaza,
Trenton, New Jersey.
All actions were by unanimous vote unless otherwise
specified.
STATE
The Merit System Board approved the recommended changes in the
State Classification Plan, copies of which are attached hereto
and made a part hereof. Commissioner Janice Mitchell Mintz
abstained on the changes to the classification plan for the
Department of Personnel.
Confidential Appointments
The Merit System Board recorded the following Confidential
Appointments under N.J.S.A. 11A:3-4(h):
John Cascella appointed as Confidential Assistant, Department of
Human Services, effective June 25, 1998, salary of $47,544.00 per
annum.
WITHDRAWAL OF APPEALS
The following appeal was withdrawn and removed from the hearing
calendar:
Julio Alfonso, County Correction Officer, Department of Public
Safety, Union County, suspension.
DISMISSAL OF APPEALS -FAILURE TO APPEAR
The Merit System Board dismissed the following cases without
prejudice for failure to appear at the scheduled hearing before
the Office of Administrative Law:
Susan Beza, Practical Nurse, Buttonwood Hospital, Burlington
County, termination at the end of working test period.
Kenya J. Dawkins, County Correction Officer, Jail, Burlington
County, suspension and removal (2).
Joseph Lanier, Police Officer, Police Department, Jersey City,
suspension.
Rafael Lopez, Senior Correction Officer, Department of
Corrections, Riverfront State Prison, suspension.
Richard Martin, Clerk, Department of Judiciary, Mercer Vicinage,
suspension.
Don Radcliffe, Maintenance Repairer, Low Pressure License,
Department of Public Works Building & Grounds, Monmouth County,
release at the end of working test period.
William Shipley, Laborer, Department of Neighborhood Services,
Newark, suspension.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the matter of Thomas Amoresano
Monmouth County
Release at the end of working test period
In the matter of Edward Bossbaly, Jr.
Sheriff's Office, Bergen County
3 month suspension
In the matter of Bruce Bracco
Camden County
Department of Health and Human Services
Removal
In the matter of Joseph D'Amico
City of Trenton
Department of Public Works
Removal
In the matter of William Drew
Bergen County
Bergen Pines Hospital
Removal
In the matter of Albert Graulich
Milltown Borough
Removal
In the matter of Michael Heitzman
Monmouth County Reclamation Center
Resignation not in good standing
In the matter of Arthur LaFleur
Cumberland County Department of Corrections
Resignation not in good standing
In the matter of Filiberto Molinero
West New York Police Department
List bypass
In the matter of Michael Polakowski
Department of Transportation
Release at the end of working test period
In the matter of Pearl Robinson
Atlantic City
Department of Health and Human Services
Removal
In the matter of Benjamin Spencer
Newark Housing Authority
Removal
In the matter of Steven Sqourakis
Real Estate Commission
Department of Banking and Insurance
10 day suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES
-SETTLEMENT
ACTION: The Merit System Board acknowledged the
settlements.
A-2 MICHAEL CARLSON
Michael Carlson, Groundskeeper, Buildings and Grounds,
County of Ocean, removal effective May 9, 1997, on charges
of insubordination and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-3 CRAIG HAMBLIN
Craig Hamblin, Police Officer, City of Atlantic City Police
Department, removal effective March 10, 1997, on charges of
violation of standard of conduct and soliciting gifts,
gratuities, fees, rewards and loans.
Recommendation of the Administrative Law Judge - Modify the
removal to a 180 day suspension.
ACTION: The Merit System Board upheld the removal.
A-4 THERESA HARRIS
Theresa Harris, Human Services Technician, Marlboro
Psychiatric Hospital, Department of Human Services, removal
effective March 11, 1993, on charges of conduct unbecoming a
public employee.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board directed that this matter
be held over.
A-5 NEWARK BOARD OF EDUCATION
Appeal of Yvonne Adams, et al., employees of the Newark
Board of Education, layoff effective July 19, 1996, for
reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Uphold the
layoffs.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-6 CHARLES OTT, JR.
Charles Ott, Jr., Recreation Maintenance Worker, Department
of Public Works, City of Rahway, layoff effective August 15,
1996, for reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Acknowledge
the settlement.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-7 ROBERT PAFFRATH
Robert Paffrath, Laborer, Department of Public Works, City
of Linden, suspension for 60 days beginning October 29,
1996, on charges of conduct unbecoming a civil servant.
Recommendation of the Administrative Law Judge - Uphold the
60 day suspension
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-8 ALVISIE RUSSOMANO
Alvisie Russomano, Senior Correction Officer, Northern State
Prison, Department of Corrections, removal effective
November 20, 1996, on charges of conduct unbecoming a public
employee and use, possession or sale of a controlled
dangerous substance.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-9 JOANNE WOLFE
Joanne Wolfe, Senior Clerk Stenographer, Kean University of
New Jersey, removal effective January 4, 1995, on charges of
incompetency, inefficiency, failure to perform duties,
insubordination and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-10 CURTIS CURRY
Curtis Curry, Teacher, Juvenile Facilities, Hudson County
Juvenile Detention Center, removal effective February 27,
1996, on charges of conduct unbecoming a county employee.
The Merit System Board at its meeting of June 2, 1998
directed that this matter be held over for further review.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-11 ALFRED BELL
Alfred K. Bell, Highway Construction and Bridge Repairer I,
Division of Regional Operations, Department of
Transportation, removal effective October 25, 1996, on
charges of unauthorized absence. The Merit System Board at
its meeting of July 21, 1998 directed that this matter be
held over for further review.
Recommendation of the Administrative Law Judge - Settlement.
ACTION: The Merit System Board acknowledged the settlement
as clarified.
A-12 VICKI FRANKLIN
Vicki Franklin, Licensed Practical Nurse, Department of
Corrections, Cumberland County, indefinite suspension
beginning April 2, 1996, pending criminal charges and for
conduct unbecoming a public employee, and removal, effective
November 5, 1996, on charges of conduct unbecoming a public
employee. The Merit System Board at its meeting of July 21,
1998 directed that this matter be held over for receipt of a
letter clarifying the settlement.
Recommendation of the Administrative Law Judge - Settlement.
ACTION: The Merit System Board acknowledged the
settlement.
SECTION B - MISCELLANEOUS MATTERS
B-1 DANNY GODBEY
Danny Godbey, represented by Gerald J. Neski, Esq., 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
on the basis of psychological unfitness to perform
effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal
be denied.
B-2 BENJAMIN NIEVES
Benjamin Nieves appeals his rejection as a Police Officer by
the City of Camden and its request to remove his name from
the eligible list for Police Officer on the basis of
psychological unfitness to perform effectively the duties of
the position.
ACTION: The Merit System Board directed that this appeal
be denied.
B-3 ROBERT L. WARE
Robert L. Ware appeals his rejection as a County Correction
Officer candidate by Mercer County and its request to
remove his name from the eligible list for County Correction
Officer on the basis of medical unfitness to perform
effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal
be granted.
B-4 VENETTA COLE
Venetta Cole, a Complaints Investigator with the Department
of Health and Senior Services, represented by Carol A.
Fabietti, Esq., appeals the denial of sick leave injury
(SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-5 DOUGLAS GLENN
Douglas Glenn, an Electrician with Rowan University,
represented by Timothy W. Chell, Esq., appeals the denial of
sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-6 WILLIAM SPENCER
William Spencer, a Safety Specialist 1 DMV with the Division
of Motor Vehicle Services, Department of Transportation,
represented by Arnold S. Cohen, Esq., appeals the denial of
sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-7 SHARRON SMITH
Sharron Smith, a Family Service Specialist 3 with the
Division of Youth and Family Services, Department of Human
Services, represented by Cordelia A. Smith, Esq., appeals
the denial of sick leave injury (SLI) benefits
ACTION: The Merit System Board directed that this appeal
be denied.
B-8 MAE SHAW
Mae Shaw, a Family Service Specialist 3 with the Division of
Youth and Family Services, Department of Human Services,
appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-9 JOSE M. ACOSTA
Jose M. Acosta, a Senior Correction Officer currently with
the Department of Corrections, appeals the denial of sick
leave injury (SLI) benefits. It is noted that at the time
of the injury the appellant was employed at the New Jersey
Training School for Boys, Juvenile Justice Commission.
ACTION: The Merit System Board directed that this appeal
be granted in part.
VOTE: Janice Mitchell Mintz (Yes)
Margaret E.L. Howard
(Abstained)
Judith L. Shaw (Yes)
Edward W. Verner, M. D. (Yes)
B-10 ELAINE VICTOR
Elaine Victor, a Head Nurse 12 Months with the Forensic
Psychiatric Hospital, Department of Human Services,
represented by Benjamin Spivack, Senior Staff
Representative, CWA Local 1040, appeals the denial of sick
leave injury (SLI) benefits. It is noted that at the time
of the accident appellant was employed with the Marlboro
Psychiatric Hospital (MPH).
ACTION: The Merit System Board directed that this appeal
be denied.
B-11 JOHN THORNTON
John Thornton appeals the decision of Human Resource
Information Systems which found that the appointing
authority had presented a sufficient basis to remove his
name from the County Police Officer (C2086H), Bergen County
priority hiring list.
ACTION: A motion was made to deny the appeal.
VOTE: Janice Mitchell Mintz (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (No)
Edward W. Verner, M. D. (Abstained)
A second motion was made and carried to reconsider
the matter and the Board directed that the matter
be held over for full Board consideration.
B-12 TODD OPITZ
Todd Opitz appeals the decision of the
Certification/Placement Services Unit which found that the
appointing authority had presented a sufficient basis to
remove his name from the Correction Officer Recruit
(S9676P), Department of Corrections eligible list.
ACTION: The Merit System Board directed that this appeal
be denied.
B-13 DENISE GILMORE
Denise Gilmore, represented by John P. Morris, Esq., appeals
the decision of the Certification/Placement Services Unit
which upheld the City of Vineland's removal of the appellant
from the Police Officer (M1869M) eligible list due to an
unsatisfactory employment history.
ACTION: The Merit System Board directed that this appeal
be denied.
B-14 TODD P. SPIOTTA
Todd P. Spiotta, represented by Michael L. Prigoff, Esq.,
and the City of Jersey City appointing authority request
that the Merit System Board acknowledge a settlement
agreement which resolves all outstanding disputes arising
from the non-appointment of Mr. Spiotta from the Fire
Captain (PM4680P), Jersey City eligible list.
ACTION: The Merit System Board acknowledged the settlement
and revived the list for Fire Captain.
B-15 RUSSELL HEYMAN
Russell Heyman, Sheriff's Officer, Sheriff's Department,
Morris County, represented by William D. Sayers Esq.,
petitions the Merit System Board for reconsideration of the
final administrative decision rendered March 5, 1998, which
denied Mr. Heyman's request for a hearing in regard to his
removal, effective October 17, 1996 on charges related to
his failure to successfully complete Police Training
Commission requirements.
ACTION: The Merit System Board granted the request for
reconsideration but denied the request for a
hearing.
B-16 DAVID KENNEDY
David Kennedy, Senior Library Assistant, Ridgewood Public
Library, petitions the Merit System Board for a hearing in
regard to his removal effective October 15, 1997 on charges.
ACTION: The Merit System Board denied the request for a
hearing.
B-17 JACK P. DAVIS
Jack P. Davis, represented by Vincent J. Pancari, Esq.,
appeals the decision of the Certification/Placement Services
Unit which found that the appointing authority had presented
a sufficient basis to remove his name from the Correction
Officer Recruit (S9998B), Department of Corrections eligible
list.
ACTION: The Merit System Board directed that this appeal
be denied.
B-18 JESUS PAZ
Jesus Paz, represented by Anthony Belotta, Esq., appeals the
decision of Human Resource Information Systems which found
that the appointing authority had presented a sufficient
basis to remove his name from the Correction Officer Recruit
(S9998U), Department of Corrections eligible list.
ACTION: The Merit System Board directed that this appeal
be denied.
B-19 ASSISTANT SUPERINTENDENT OF RECREATION (M3649R), CITY OF
RAHWAY
The appointing authority, represented by Brain O. Lipman,
Esq., requests permission not to make an appointment from
the certification for Assistant Superintendent of Recreation
(M3649R), City of Rahway.
ACTION: The Merit System Board granted the request but
assessed costs.
B-20 LIBRARY ASSISTANT, JERSEY CITY PUBLIC LIBRARY
The appointing authority's failure to properly dispose of
the certification for Library Assistant while provisional
appointees are serving in the title has been referred to the
Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing
authority to remove the provisional appointees,
make appointments from the certification and pay
compliance costs.
B-21 SUPERVISOR OF BILLING & COLLECTING/SUPERVISOR, WATER METER
READING (M5978T), PASSAIC VALLEY WATER COMMISSION
The appointing authority's failure to properly dispose of
the certification for Supervisor of Billing &
Collecting/Supervisor, Water Meter Reading while a
provisional appointee is serving in the title has been
referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing
authority to remove the provisional appointee,
make an appointment from the certification and pay
compliance costs.
B-22 WATER REPAIRER (PM4414S), PASSAIC VALLEY WATER COMMISSION
The appointing authority's failure to properly dispose of
the certification for Water Repairer while provisional
appointees are serving in the title has been referred to the
Merit System Board for enforcement.
ACTION: The Merit System Board revived the list and
ordered the appointing authority to remove the
provisional appointees, make appointments from
the certification and pay compliance costs.
B-23 BARBARA PETERSON
Barbara Peterson, an Education Program Assistant 1 with the
Department of Education, represented by Anita Ashkinazy,
Staff Representative, Communications Workers of America,
Local 1033, seeks enforcement of the January 20, 1998
decision of the Division of Human Resource Management.
ACTION: The Merit System Board granted the request for
enforcement.
B-24 JEFFREY S. HILBERT
Jeffrey S. Hilbert, represented by Robert M. Tosti, Esq.,
requests enforcement of the Merit System Board decision
rendered on April 30, 1996, granting him attorney fees.
ACTION: The Merit System Board granted the request for
enforcement in part.
B-25 MELVIN H. MYERS
Melvin H. Myers requests enforcement of that part of the
Merit System Board decision rendered on March 26, 1996,
granting him attorney fees.
ACTION: The Merit System Board denied the request for
enforcement.
B-26 TERESA CROUSHORE AND RITA KISTLER
Michael Lohman, CWA Local 1033, on behalf of Teresa
Croushore and Rita Kistler, is seeking retroactive dates of
appointment to the title of Investigator 3, Taxation,
effective July 19, 1997, pursuant to the final
administrative decision of the Merit System Board, rendered
January 13, 1998.
ACTION: The Merit System Board granted the request for
retroactive appointment dates.
B-27 FRANCIS X. MALDONY, SR.
Francis X. Maldony, Sr., Inspector, Multiple Dwelling,
Department of Community Affairs, requests reconsideration of
the decision of the Merit System Board rendered on September
16, 1997, removing him from his position effective August 1,
1996.
ACTION: The Merit System Board denied the request for
reconsideration.
B-28 FRANCIS X. MALDONY, SR.
Francis X. Maldony, Sr., requests enforcement of that part
of the Merit System Board decision rendered on August 8,
1995, granting him back pay and benefits.
ACTION: The Merit System Board denied the request for
enforcement.
B-29 SYLVESTER SWANSON
The Merit System Board and the Division of Civil Rights
developed a joint order adopting the ALJ's consolidation
order of various matters regarding Sylvester Swanson, but
modified the ALJ's order so that the Merit System Board has
predominant interest.
ACTION: The Merit System Board adopted the joint order of
consolidation and predominant interest.
B-30 JOHN ESPOSITO
The appointing authority for the Township of Millburn,
represented by Peter M. Burke, Esq., requests a stay of the
final administrative decision of the Merit System Board, In
the Matter of John Esposito, decided May 19, 1998, pending
the outcome of its appeal of this matter to the Superior
Court, Appellate Division. Additionally, John Esposito,
represented by Robert A. Fagella, Esq., requests enforcement
of said decision which granted him a new working test period
for the position of Police Officer.
ACTION: The Merit System Board denied the request for stay
but granted the request for enforcement.
B-31 DEPARTMENT OF CORRECTIONS - SENIOR CORRECTION OFFICERS
Thirteen Senior Correction Officers with the Department of
Corrections, who are members of PBA Local 105 and
represented by Robert A. Fagella, Esq., appeal their
reassignment from the Central Medical Unit to the Central
Reception and Assignment Facility.
ACTION: The Merit System Board directed that these appeals
be denied.
B-32 FAITH WILLIS
Faith Willis, Income Maintenance Specialist, Warren County
Welfare Board, represented by Frank Pisano, III, Esq.,
requests a stay of the appointing authority's imposition of
a fine in lieu of a 45-day suspension pending the outcome of
her appeal to the Merit System Board.
ACTION: The Merit System Board granted the request for a
stay and ordered the appointing authority to
rescind its imposition of a fine.
B-33 ERNEST BIRCH, ET AL.
Ernest Birch, Diane Goff, Elaine Mullen, Stephanie Salewski
and Helene Tunstall appeal the determinations of the
Division of Selection Services which found them ineligible
for the promotional examination for Executive Assistant 2
(PS5496K), Division of Family Development, Department of
Human Services.
ACTION: The Merit System Board directed that these appeals
be denied.
B-34 BARBARA BRONISZEWSKI, ET AL.
Barbara Broniszewski, Richard Dickson, Robert Howard,
Veronica Kent, Janet Parotta and Kenneth Powers appeal the
determinations of the Division of Selection Services which
found them ineligible for the promotional examination for
Executive Assistant 2 (PS5496K), Division of Family
Development, Department of Human Services.
ACTION: The Merit System Board directed that these appeals
be denied.
B-35 DEBORAH CHIANESE
Deborah Chianese appeals the decision of the Division of
Selection Services which found that Ms. Chianese did not
meet the requirements for the promotional examination for
Forms Analyst 2 (PS5586G), Department of Environmental
Protection.
ACTION: The Merit System Board directed that this appeal
be denied.
B-36 SARAH CLAYTOR
Sarah Claytor appeals the decision of the Division of
Selection Services which found that appellant did not meet
the requirements for the promotional examination for
Administrative Analyst 3, Data Processing (PS5593H),
Department of Health.
ACTION: The Merit System Board directed that this appeal
be denied.
B-37 PAULA D'ALESSIO
Paula D'Alessio appeals the decision of the Division of
Selection Services which found that appellant did not meet
the requirements for the promotional examination for
Administrative Analyst 2, Data Processing (PS5872K),
Division of Developmental Disabilities.
ACTION: The Merit System Board directed that this appeal
be denied.
B-38 JOYCE EPISCOPO
Joyce Episcopo appeals the decisions of the Division of
Selection Services which found that appellant did not meet
the requirements for the promotional examinations for
Administrative Analyst 1 (PS4619K) and Management
Improvement Specialist 2 (PS5639K), Medical Assistance and
Health Services.
ACTION: The Merit System Board directed that this appeal
be denied.
B-39 WILLIAM FATUM
William Fatum appeals the decision of the Division of
Selection Services which found that appellant did not meet
the requirements for the promotional examination for Program
Development Specialist 1 (PS5783P), New Jersey Training
School.
ACTION: The Merit System Board directed that this appeal
be denied.
VOTE: Janice Mitchell Mintz (Yes)
Margaret E. L. Howard (Abstained)
Judith L. Shaw (Yes)
Edward W. Verner, M. D. (Yes)
B-40 CHARLES FEGGANS
Charles Feggans appeals the decision of the Division of
Selection Services which found that appellant did not meet
the requirements for the promotional examination for
Assistant Engineer Transportation (PS5349T), Department of
Transportation.
ACTION: The Merit System Board directed that this appeal
be denied.
B-41 MELINDA A. HALLQUIST
Melinda A. Hallquist appeals the determination of the
Division of Selection Services which found that appellant
did not meet the experience requirements for the Data Entry
Machine Operator Terminal (S1747U) examination.
ACTION: The Merit System Board directed that this appeal
be denied.
B-42 PAUL HOFMANN
Paul Hofmann appeals the determination of the Division of
Selection Services which found that appellant did not meet
the requirements for the promotional examination for
Executive Assistant 2 (PS5002T).
ACTION: The Merit System Board directed that this appeal
be denied.
B-43 JILL M. IMPERIAL
Jill M. Imperial appeals the determination of the Division
of Selection Services, which denied her eligibility for
admittance to the promotional examination for Assistant
Chief Clerk (PC0144U), Monmouth County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-44 TRACY L. KANE
Tracy L. Kane appeals the determination of the Division of
Selection Services, which denied her eligibility for
admittance to the examination for Health Educator (PC1836V),
Middlesex County.
ACTION: The Merit System Board directed that this appeal
be granted.
B-45 ERICK B. KIEFER
Erick B. Kiefer appeals the determination of the Division of
Selection Services, which found that he did not meet the
requirements for the examination for Coordinator for Federal
and State Aid (PC4504V), Ocean County.
ACTION: The Merit System Board directed that this appeal
be granted.
B-46 JUDE KIANKA
Jude Kianka appeals the decision of the Division of
Selection Services which found that appellant failed to
satisfy unit scope eligibility requirements for the
promotional examination for Assistant Engineer
Transportation (PS5349T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal
be denied.
B-47 MARILYN R. LA SALLE
Marilyn R. La Salle appeals the determination of the
Division of Selection Services, which denied her eligibility
for admittance to the promotional examination for Head Clerk
(PS5298K), Department of Human Services.
ACTION: The Merit System Board directed that this appeal
be denied.
B-48 ISABELLE LEOMBRONE
Isabelle Leombrone appeals the determination of the Division
of Selection Services, which denied her eligibility for
admittance to the examination for Standards and Procedures
Technician (PS5662K), Department of Human Services.
ACTION: The Merit System Board directed that this appeal
be denied.
B-49 CAROL MACIOLEK
Carol Maciolek appeals the determination of the Division of
Selection Services which found that appellant did not meet
the requirements for Secretary Board/Commission/Supervising
Clerk Typist (PM6308V), Woodbridge Township.
ACTION: The Merit System Board directed that this appeal
be denied.
B-50 MICHAELE MILLER
Michaele Miller appeals the decision of the Division of
Selection Services which found that she did not meet the
requirements for the promotional examination for Director of
Nursing (C1554T), Salem County.
ACTION: The Merit System Board directed that this appeal
be granted.
B-51 FELICIA MONTAS
Felicia Montas appeals the determination of the Division of
Selection Services which found that appellant did not meet
the requirements for Supervising Clerk, Bilingual in Spanish
and English (PM3254V), Jersey City.
ACTION: The Merit System Board directed that this appeal
be denied.
B-52 CHRISTOPHER NEWKIRK, ET AL.
Christopher Newkirk and Jay S. Reilly appeal the denial
of their eligibility for admittance to the examination for
Senior Bridge Construction Worker (PC1720U), Morris County.
ACTION: The Merit System Board directed that these appeals
be granted.
B-53 PATRICIA OTT
Patricia OTT appeals the determination of the Division of
Selection Services which found her ineligible for the
promotional examination for Executive Assistant 2 (PS4754T),
Department of Transportation.
ACTION: The Merit System Board directed that this appeal
be denied.
B-54 JANETTE POLO
Janette Polo appeals the determination of the Division of
Selection Services which found that appellant did not meet
the experience requirements for the Administrative Assistant
3 (PS4679P), Department of Law and Public Safety,
promotional examination.
ACTION: The Merit System Board directed that this appeal
be granted.
B-55 THERESA RAHMING
Theresa Rahming appeals her ineligibility for the
examination for Supervisor of Nurses (S9052V), Monmouth
County.
ACTION: The Merit System Board directed that this appeal
be denied.
VOTE: Janice Mitchell Mintz (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Edward W. Verner, M. D. (Abstained)
B-56 MONA RESCO
Mona Resco appeals the decision of the Division of Selection
Services which found that appellant did not meet the
requirements for the promotional examination for Accountant
3 (PS5487J), William Paterson College of New Jersey.
ACTION: The Merit System Board directed that this appeal
be denied.
B-57 ROBERT J. RUBINSKY
Robert J. Rubinsky, represented by Clare M. Pessolano of the
Communications Workers of America -Local 1037, appeals the
determination of the Division of Human Resource Management
which found that he was ineligible for the promotional
examination for District Office Manager 1, Youth and Family
Services (PS3363K), Human Services.
ACTION: The Merit System Board directed that this appeal
be denied.
B-58 JANICE SEITZ
Janice Seitz appeals the determination of the Division of
Selection Services, which denied her eligibility for
admittance to the promotional examination for Investigator 2
(PS4792U), Department of Treasury.
ACTION: The Merit System Board directed that this appeal
be denied.
B-59 ALEXANDRA SIR
Alexandra Sir appeals the determination of the Division of
Selection Services, which denied her eligibility for
admittance to the examination for Investigator, County
Welfare Agency (C0475O), Hudson County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-60 CHARLES SIRACUSA
Charles Siracusa appeals the decision of the Division of
Selection Services which found that appellant did not meet
the requirements for the promotional examination for
Administrative Analyst 1 (PS5472I), Department of
Corrections.
ACTION: The Merit System Board directed that this appeal
be denied.
B-61 WILLIAM SLAYBACK
William Slayback appeals the determination of the Division
of Selection Services which found that appellant did not
meet the requirements for the promotional examination for
Administrative Analyst 4 (Data Processing), (PS5572D),
Department of Community Affairs.
ACTION: The Merit System Board directed that this appeal
be denied.
B-62 SHELLY TOZER
Shelly Tozer appeals the decision of the Division of
Selection Services which found that appellant did not meet
the requirements for the promotional examination for
Technical Assistant, Management Information Systems
(PC8219V), Cape May County.
ACTION: The Merit System Board directed that this appeal
be granted.
B-63 ALESIA S. TUNIS
Alesia S. Tunis appeals the determination of the Supervisor,
Selection Appeals Unit, which found that she did not meet
the experience requirement for the Social Worker (PC4387S),
Salem County, promotional examination.
ACTION: The Merit System Board directed that this appeal
be denied.
B-64 KAREN WILLIAMS
Karen Williams appeals the decision of the Division of
Selection services which found that appellant did not meet
the requirements for the promotional examination for Housing
Manager (PM0560U) Wildwood City Housing Authority.
ACTION: The Merit System Board directed that this appeal
be denied.
B-65 CAROL A. YURGA
Carol A. Yurga appeals the determination of the Division of
Selection Services which denied her eligibility for
admittance to the examination for Coordinator of Special
Transportation (PM0026W), Clifton.
ACTION: The Merit System Board directed that this appeal
be granted.
B-66 THOMAS A. ALLEGRETTA
Thomas A. Allegretta appeals the decision of the Supervisor,
Selection Appeals Unit, which found that his examination for
Police Lieutenant (PM3182S), Fairview was properly scored.
ACTION: The Merit System Board directed that this appeal
be denied.
B-67 KATHRYN BAILEY
Kathryn Bailey appeals the decision of the Division of
Selection Services which found that appellant did not pass
the performance component of the open-competitive
examination for Senior Data Entry Machine Operator (S0128O).
ACTION: The Merit System Board directed that this appeal
be denied.
B-68 JACQUES BENAROCH
Jacques Benaroch appeals the determination of the Division
of Selection Services which found that appellant's
application for the Principal Engineer Transportation
(PS4250T), Department of Transportation, examination was
properly scored.
ACTION: The Merit System Board directed that this appeal
be denied.
B-69 THOMAS F. BUTLER
Thomas F. Butler appeals the determination of the Division
of Selection Services concerning his score and rank on the
promotional examination for Truck Driver (PM4316V), Lacey
Township.
ACTION: The Merit System Board directed that this appeal
be denied.
B-70 STACY A. EASTMAN
Stacy A. Eastman appeals the determination of the Division
of Selection Services concerning her score and rank on the
examination for Assistant Biologist, Wildlife Management
(S0171O), Department of Environmental Protection.
ACTION: The Merit System Board directed that this appeal
be denied.
B-71 DIANE E. FELDMAN
Diane E. Feldman appeals her score on the promotional
examination for Administrative Assistant 3 (PS2394P),
Department of Law and Public Safety.
ACTION: The Merit System Board directed that this appeal
be denied.
B-72 DENISE MCCALL
Denise McCall appeals her score for the promotional
examination for Unemployment Insurance Clerk (PS2083N),
Department of Labor.
ACTION: The Merit System Board directed that this appeal
be denied.
B-73 THOMAS J. O'BRIEN
Thomas J. O'Brien appeals the decision of the Supervisor,
Selection Appeals Unit, which found that the appellant's
examination for Fire Lieutenant (PM2790S), Ventnor was
correctly scored.
ACTION: The Merit System Board directed that this appeal
be denied.
B-74 REYNARD J. MORRELL, III
Reynard J. Morrell, III appeals the determination of the
Division of Selection Services which found that he was
ineligible for the promotional examination for Supervisor
Trades (PM4009V), Newark School District.
ACTION: The Merit System Board directed that this appeal
be denied.
B-75 LOUIS PELLICANI
Louis Pellicani appeals his score on the examinations for
Fire Fighter, Orange (M0769U), Clifton (M0797U), Harrison
(M0798U), Kearny (M0799U), Millburn (M0800U), and West
Orange (M0801U), as determined by the Division of Selection
Services.
ACTION: The Merit System Board directed that this appeal
be denied.
B-76 VITTAL R. SITARAM
Vittal R. Sitaram appeals the decision of the Supervisor,
Selection Appeals Unit, regarding appellant's score on the
examinations for Senior Engineer, Transportation (PS2487T)
and Senior Engineer Traffic (PS2547T), Department of
Transportation.
ACTION: The Merit System Board directed that this appeal
be denied.
B-77 JACQUELINE CLOWES
Jacqueline Clowes appeals the administration of the
examination for Principal Postal Clerk (PS5420U), Department
of the Treasury.
ACTION: The Merit System Board directed that this appeal
be denied.
B-78 INVESTIGATOR, DIVISION OF CRIMINAL JUSTICE
The Assistant Commissioner, State and Local Operations,
Department of Personnel, on behalf of 40 former
Investigators of the Division of Criminal Justice,
Department of Law and Safety, requests relaxation of
N.J.A.C. 4A:3-5.6 to award them overtime payment retroactive
to January 1, 1993.
ACTION: The Merit System Board granted the request for
rule relaxation.
VOTE Janice Mitchell Mintz (Abstained)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Edward W. Verner, M.D. (Yes)
B-79 JOHN T. LYONS, JR.
John T. Lyons, Jr. appeals the decision of the Division of
Human Resource Management which found that he did not have
rights to the position of Court Clerk Typing in Essex County
upon termination of his unclassified appointment.
ACTION: The Merit System Board directed that this appeal
be denied.
B-80 MICHAEL SCARPA, ET AL.
Michael Scarpa, Steve Collier, Thomas Revell, John Scalione
and Robert Collins, represented by Kevin P. McGovern, Esq.,
appeal the denial of an April 4, 1989 retroactive date of
permanent appointment as Jersey City Police Officers from a
certification that was issued on September 14, 1992.
ACTION: The Merit System Board directed that these appeals
be denied.
B-81 MINUTES
The Merit System Board Minutes for the meeting of July 21,
1998 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of the
meeting of July 21, 1998.
B-82 RAPHAEL PAREDES
Raphael Paredes, represented by Harley D. Breite, Esq.,
appeals his rejection as a Fire Fighter candidate by the
City of Paterson and its request to remove his name from the
eligible list for Fire Fighter on the basis of psychological
unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal
be granted.
B-83 JAMES LUKER
James Luker, a Police Sergeant with the Pemberton Township
Police Department, appeals his demotion from Police
Lieutenant to Police Sergeant.
ACTION: The Merit System Board directed that this appeal
be denied.
B-84 LABORATORY TECHNICIAN, WATER ANALYSIS (C1057T), PASSIAC
COUNTY
The appointing authority's failure to properly dispose of
the certification for Laboratory Technician, Water Analysis
while a provisional appointee is serving in the title has
been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing
authority to remove the provisional appointee,
make an appointment from the certification and pay
compliance costs.
B-85 MAIL CLERK (C0164S), BERGEN COUNTY
The appointing authority's failure to properly dispose of
the certification for Mail Clerk while a provisional
appointee is serving in the title has been referred to the
Merit System Board for enforcement.
ACTION: The Merit System Board revived the list, ordered
the appointing authority to remove the provisional
appointee, make an appointment from the
certification and pay compliance costs.
B-86 BOILER OPERATOR (C1395T), PASSAIC COUNTY
The appointing authority's failure to properly dispose of
the certification for Boiler Operator while provisional
appointees are serving in the title has been referred to the
Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing
authority to remove the provisional appointees,
make appointments from the certification and pay
compliance costs.
B-87 SENIOR LOAN ADVISOR (SPECIAL REEMPLOYMENT LIST), BERGEN
COUNTY
The appointing authority's failure to properly dispose of
the certification for Senior Loan Advisor while a
provisional appointee is serving in the title has been
referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing
authority to remove the provisional appointee,
make an appointment from the certification and pay
compliance costs.
B-88 CLERK (SPECIAL REEMPLOYMENT LIST), TOWN OF WEST NEW YORK
The appointing authority's failure to properly dispose of
the certification for Clerk while a provisional appointee
is serving in the title has been referred to the Merit
System Board for enforcement.
ACTION: The Merit System Board ordered the appointing
authority to remove the provisional appointee,
make an appointment from the certification and pay
compliance costs.
B-89 SECRETARIAL ASSISTANT (C1199T), BERGEN COUNTY
The appointing authority's failure to properly dispose of
the certification for Secretarial Assistant while a
provisional appointee is serving in the title has been
referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing
authority to remove the provisional appointee,
make an appointment from the certification and pay
compliance costs.
B-90 LUCILLE DIMUCCI
Lucille DiMucci appeals the decision of the Supervisor,
Selection Appeals Unit, denying her eligibility for the
Assistant Director of Nursing (PC3654S) examination.
ACTION: The Merit System Board directed that this appeal
be denied.
B-91 PAULA WEIGL
Ralph Kornfeld, Personnel Director for Bergen County, on
behalf of the Bergen County Superintendent of Elections,
appeals the decision of the Assistant Commissioner, State
and Local Operations, as to the salary entitlements for
Paula Weigl upon her appointment to the title Mechanic,
Voting Machine.
ACTION: The Merit System Board directed that this appeal
be granted in part.
B-92 DALTON BRAMWELL AND WANDA BRAMWELL
Dalton Bramwell and Wanda Bramwell, both represented by
Hetty Rosenstein, Communications Workers of America Local
1027, appeal the decisions of the Division of Human Resource
Management which found that their anniversary dates were
properly determined in compliance with Department of
Personnel rules.
ACTION: The Merit System Board directed that these appeals
be denied.
B-93 EARLY SETTLEMENTS
Teresa Bannister
Albert C. Wagner Correctional Facility
Department of Corrections
30 day suspension
Leander Braziel
Vineland Developmental Center
Department of Human Services
45 day suspension
Gary Fegley
Hunterdon Developmental Center
Department of Human Services
Removal
Robert Maska
Central Reception Assignment Facility
Department of Corrections
30 day suspension
John W. Morton
New Jersey Division of State Police
Release at the end of working test period
Janice Murchinson
Judiciary
Hudson Vicinage
8 and 10 day suspensions
Mark Myers
New Lisbon Developmental Center
Department of Human Services
Removal
Jason Pollen
Department of Environmental Protection
Release at the end of working test period
Kevin B. Ray
New Lisbon Developmental Center
Department of Human Services
10 day suspension
Liletta Savage
Greystone Park Psychiatric Hospital
Removals (4)
Melissa Tarricone
Judiciary
Camden Vicinage
10 day suspension
Scottie Thompson
Marlboro Psychiatric Hospital
Department of Human Services
15 day suspension
Josephine Watkins
Ancora Psychiatric Hospital
Department of Human Services
Resignation not in good standing
Eraina Woody
Hunterdon Developmental Center
Department of Human Services
Removal
ACTION: The Merit System Board acknowledged the
settlements.
There being no further business before the Merit System
Board, the meeting was adjourned to convene on Wednesday,
September 9, 1998 at 10:00 a.m., at 3 Station Plaza, Trenton, New
Jersey.
______________________________
JANICE MITCHELL MINTZ
CHAIRWOMAN
MERIT SYSTEM BOARD |
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© State of New Jersey
Civil Service Commission |
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