Janice Mitchell Mintz, Chairwoman Margaret E. L. Howard Judith L. Shaw
A regular meeting of the Merit System Board was held on Tuesday, March 23, 1999 in Trenton, New Jersey.PRESENT: Chairwoman Janice Mitchell Mintz; Merit System Board Members, Margaret E. L. Howard, and Judith L. Shaw; Elizabeth Laufer, Deputy Attorney General; Henry Maurer, Director, Elizabeth A. Napolitano, Sybil Janowitch, and Charles Spano, 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 November 30, 1998 and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.
All other actions were by unanimous vote unless otherwise specified. WITHDRAWAL OF APPEALS
The following appeal was withdrawn and removed from the hearing calendar:
Jose Rivera, Police Officer, Police Department, City of Passaic, indefinite 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:
Velma C. Ellis, Cottage Training Technician, Department of Human Services, New Lisbon Developmental Center, removal.
Willie Reed, Custodial Worker, Jersey City School District, removal.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Stephen Brown Police Department - Union City Suspension
In the Matter of Peter Bruce City of Passaic Termination at the end of Working Test Period
In the Matter of Dorothy Czarnik County of Monmouth Resignation Not in Good Standing
In the Matter of James C. Ford Department of Transportation Suspension
In the Matter of Chris Harper Bayside State Prison - Department of Corrections Removal
In the Matter of Grover Jackson Northern State Prison - Department of Corrections $90 Fine
In the Matter of Iva Laskarides Department of Human Services Removal
In the Matter of Catherine Mercantini Department of Health and Senior Services Suspension
In the Matter of Patrick Murray Monmouth County Reclamation Center Suspension
In the Matter of Terry Russell Burlington County Board of Social Services Removal
In the Matter of Marvin Thompson Department of Environmental Protection - Remand Suspensions
In the Matter of Theodesia Watkins Buttonwood Hospital - County of Burlington Suspension
In the Matter of Samuel Welch Burlington County - Buttonwood Hospital Suspension
In the Matter of Charles Winterhalter City of Jersey City Removal
In the Matter of Kenneth Wolfe Newark Housing Authority Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements with the exception of Peter Bruce, which was held over.
A-2 WILLIAM BRENNAN
William Brennan, Fire Fighter, Fire Department, Township of Teaneck, (1) Two minor disciplinary actions consisting of a two day suspension and a five day suspension, (2) 21 day suspension on charges of insubordination and conduct unbecoming a public employee, (3) 63 day suspension on a charge of conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the two-day suspension. Modify the five-day suspension to a two- day suspension. Dismiss the 21-day suspension. Modify the 63-day suspension to a 10-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
VOTE Janice Mitchell Mintz (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (No)
A motion was made and seconded that the open session be recessed and that, pursuant to Section 12(b) of the Open Public Meetings Act, the Merit System Board entered into Executive Session for the purpose of legal advice on the matter of A-3 Thelma Cole. The Board susequently reconvened the public meeting.
A-3 THELMA COLE
Thelma Cole, Hospital Charge Attendant, Buttonwood Hospital, Burlington County, resignation not in good standing effective January 3, 1997, on charges of being absent from duty for five or more consecutive business days and failure to follow leave of absence procedures.
Recommendation of the Administrative Law Judge - Reverse the resignation not in good standing.
ACTION: The Merit System Board remanded this matter to the Office of Administrative Law.
A-4 ABNER GARZON
Abner Garzon, Institutional Trade Instructor 1, Needle Trades Clothing Manufacturer, Northern State Prison, Department of Corrections, released at the end of the working test period, due to unsatisfactory services.
Recommendation of the Administrative Law Judge - Uphold the release at the end of the working test period.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-5 JANEDETTE GIBSON
Janedette Gibson, Senior Corrections Officer, Edna Mahan Correctional Facility, Department of Corrections, suspension for 15 days, on charges of being in violation of the attendance verification policy.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-6 CATHERINE SCHNEBLE
Catherine Schneble, Administrative Analyst I, Department of Environmental Protection, concerning the good faith of her layoff effective July 8, 1995.
Recommendation of the Administrative Law Judge - Uphold the layoff.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-7 DEBORAH A. CREGGER
Deborah A. Cregger, Senior Clerk Typist, Salem County Board of Social Services, removal effective December 11, 1997, on charges of being in violation of the Residency Policy.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-8 DEAN FRASIER
Dean Frasier, Laborer, State Operated School District of the City of Newark, removal effective May 7, 1997, on charges of conduct unbecoming a public employee, and resignation not in good standing.
Recommendation of the Administrative Law Judge - Modify the removal to a 15 day suspension, and uphold the resignation not in good standing.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
VOTE Janice Mitchell Mintz (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (No)
A-9 ROBERT LACAILLADE
Robert Lacaillade, Police Officer/Sergeant, Police Department, City of Millville, removal effective March 13, 1992, on charges of being in violation of the rules and regulations; standards of conduct, neglect of duty, performance of duties, obedience to laws and regulations, arrests, reports and bookings, handling of firearms, and truthfulness.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-10 CORINE NOBLES
Corine Nobles, Day Care Center Technician, Department of Human Services, Regional School, Essex Campus, removal effective April 27, 1998, on charges of sleeping while on duty and negligence which resulted in injury to persons.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-11 LINDA SCANNAVINO
Linda Scannavino, Clerk Typist, Department of Public Works, Township of North Bergen, removal effective January 6, 1995, on charges of failing to return to work following medical leave.
Recommendation of the Administrative Law Judge - Modify the removal to a resignation in good standing.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a resignation not in good standing.
A-12 HAROLD KAFER - SETTLEMENT
Initial removal effective August 22, 1997, on charges of sleeping while on duty. Settled to a resignation in good standing. The Merit System Board at its meeting of March 9, 1999, directed that this matter be held over for the receipt of a clarifying letter.
Recommendation of the Administrative Law Judge - Settlement.
ACTION: The Merit System Board acknowledged the settlement.
A-13 GARY VAN NORMAN
Gary Van Norman, Senior Correction Officer, Garden State Reception and Youth Correctional Facility, Department of Corrections, suspension for 15 days, on charges of inappropriate physical contact or mistreatment of an inmate, patient, client, resident or employee. The Board considered this matter at its meeting of January 12, 1999, but requested more information concerning the hearing record before the Office of Administrative Law (OAL).
Recommendation of the Administrative Law Judge - Reverse the suspension and award back pay and counsel fees.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
SECTION B - MISCELLANEOUS MATTERS
B-1 MONIQUE STOKES
Monique Stokes appeals her rejection as a Correction Officer Recruit candidate by the New Jersey Department of Corrections and its request to remove her name from the eligible list for Correction Officer Recruit on the basis of medical unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-2 ISAAC WOOD III
Isaac Wood III appeals his rejection as a Correction Officer Recruit candidate by the New Jersey Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit on the basis of medical unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-3 JOHN CASIANO
John Casiano, represented by Gary F. Troxell, Esq., appeals his rejection as a Police Officer candidate by the City of Jersey City 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 granted.
B-4 ARTHUR J. COSENTINO
Arthur J. Cosentino 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-5 DOUGLAS FOLEY
Douglas Foley, a Senior Inspector, Fire Safety, with the Department of Community Affairs, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-6 IVY JORDAN
Ivy Jordan, a Human Services Technician with Trenton Psychiatric Hospital, 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-7 DAVID S. LARSEN
David S. Larsen, a Correction Lieutenant with East Jersey State Prison, Department of Corrections, petitions the Merit System Board for relaxation of the rule governing the one-year limit for the award of SLI benefits in regard to his continuing disability.
ACTION: The Merit System Board denied the request for rule relaxation.
B-8 MARTIN F. LYNAM SR.
Martin F. Lynam, Sr., a Security Officer with Rowan University, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-9 PBA LOCAL 105 AND DOC SLI APPEALS
Robert A. Fagella, Esq., on behalf of PBA Local 105, requests that the Merit System Board impose sanctions against the Department of Corrections for violating the 20-day processing time required for sick leave injury (SLI) appeals pursuant to N.J.A.C. 4A:6-1.7.
ACTION: The Merit System Board denied the request for sanctions.
B-10 CLAUDIA E. SMITH
Claudia E. Smith, a Supervisor of Nursing Services with the New Jersey Veterans Memorial Home at Vineland, Department of Military and Veterans Affairs, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-11 DAVID L. COPELAND
David L. Copeland appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Correction Officer Recruit (S9999V), Department of Corrections.
ACTION: The Merit System Board directed that this appeal be denied.
B-12 WALTER RITTGER
Walter Rittger, a Police Officer with the City of Orange Police Department, represented by A.J. Fusco, Jr., Esq., requests immediate reinstatement to active duty.
ACTION: The Merit System Board granted the request for reinstatement.
B-13 ROBERT FRANKLIN
Robert Franklin, a Senior Correction Officer at Riverfront State Prison, Department of Corrections (DOC), appeals the DOC=s determination which found that the appellant failed to present sufficient evidence to support a finding of probable cause that he had been discriminated against on the basis of his race.
ACTION: The Merit System Board directed that this appeal be denied.
B-14 MANO HAR LAL
Mano Har Lal, a Supervisor, Construction Plans Approval Section, Department of Community Affairs, appeals the determination of the Chief of the Bureau of Appeals and Compliance, Division of Equal Employment Opportunity and Affirmative Action, stating that the appellant failed to present sufficient evidence to support a finding that the DCA had discriminated against him based on his national origin or as reprisal for filing prior discrimination complaints by not addressing his April 5, 1995 discrimination complaint.
ACTION: The Merit System Board directed that this appeal be denied.
B-15 JOHN STANTON
John Stanton, a Correction Sergeant at East Jersey State Prison, Department of Corrections (DOC), appeals the DOC's determination which found that the appellant failed to present sufficient evidence to support a finding of probable cause that he had been discriminated against on the basis of his race.
ACTION: The Merit System Board directed that this appeal be denied.
B-16 RENATA NICEWICZ
Renata Nicewicz, an Institutional Attendant with the John L. Montgomery Division, Monmouth County Care Centers, Monmouth County, appeals the action of the appointing authority in resigning her in good standing.
ACTION: The Merit System Board granted a hearing.
B-17 WILLIAM AZZARRA, JR.
The appointing authority for Camden County, represented by Howard S. Wilson, Assistant County Counsel, requests a stay of the final administrative decision of the Merit System Board, In the Matter of William Azzarra, Jr. (MSB, decided December 22, 1998), pending its appeal to the Superior Court, Appellate Division.
ACTION: The Merit System Board denied the request for a stay.
B-18 ERIC HALLETT, SR.
Eric Hallett, Sr., a Senior Correction Officer with the Department of Corrections, represented by Steve Hallett, Esq., requests enforcement of that part of the Merit System Board decision rendered on June 24, 1997, granting him back pay and attorney fees.
ACTION: The Merit System Board denied the request for back pay and granted the request in part to pay counsel fees.
B-19 SECURITY GUARD (M0653U), PASSAIC VALLEY WATER COMMISSION
The failure of Passaic Valley Water Commission to properly dispose of the certification for Security Guard (M0653U) has been presented to the Merit System Board for review.
ACTION: The Merit System Board ordered the appointing authority to make an appointment from the certification and pay compliance costs.
B-20 SUPERVISOR, FOOD SERVICE (C1495T), PASSAIC COUNTY
The appointing authority's failure to properly dispose of the certification for Supervisor, Food Service 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 appointee, make an appointment from the certification and pay compliance costs.
B-21 COURT CLERK, PROBATE (C1552T), UNION COUNTY
The appointing authority requests permission not to make an appointment from the certification for Court Clerk, Probate (C1552T), Union County.
ACTION: The Merit System Board granted the request but assessed costs.
B-22 PLUMBING INSPECTOR (M0635U), LAKEWOOD TOWNSHIP
The appointing authority requests permission not to make an appointment from the certification for Plumbing Inspector (M0635U), Lakewood Township.
ACTION: The Merit System Board granted the request but assessed costs.
B-23 IYANA BYRD
The appeal of Iyana Byrd, a Human Services Assistant at the Vineland Developmental Center, Department of Human Services, regarding her removal, effective October 30, 1997, on charges of physical abuse of a client, was heard by Administrative Law Judge Robert W. Scott, who rendered his initial decision on November 13, 1998, reversing the removal. At its meeting on March 9, 1999, the Board ordered that this matter be remanded to the Office of Administrative Law for the limited purpose of reconstructing the appellant's testimony.
ACTION: The Merit System Board adopted the decision.
B-24 MATTHEW GORDON
The appeal of Matthew Gordon, Senior Correction Officer at Garden State Youth Correctional Facility, Department of Corrections, concerning his six-day suspension, was heard by Administrative Law Judge Walter F. Sullivan, who rendered his initial decision on January 6, 1999, dismissing the charges. The Merit System Board (Board), at its meeting on March 9, 1999, ordered that this matter be remanded to the Office of Administrative Law.
ACTION: The Merit System Board adopted the decision.
B-25 JAMES P. KOKKALIS
The appeal of James P. Kokkalis, Director, Office of Design and Construction, Newark School District, removal effective January 23, 1996, on charges, was heard by Administrative Law Judge Richard McGill (ALJ), who rendered his initial decision on December 29, 1998. The Merit System Board, at its meeting on February 9, 1999, acknowledged the settlement on the issues agreed to by the parties, and noted that it had no jurisdiction to address the reinstatement of the appellant to his position. Further, the Board found no basis to award interest on the back pay awarded to appellant.
ACTION: The Merit System Board adopted the final decision.
B-26 BRIAN OLIVER
The appeal of Brian Oliver, a Laborer with the Department of Public Works, City of Trenton, regarding his removal, effective July 30, 1997, on charges, was heard by Administrative Law Judge (ALJ) John R. Tassini, who rendered his initial decision on September 14, 1998, upholding the removal. At its meeting on March 9, 1999, the Board ordered that this matter be remanded to the Office of Administrative Law.
ACTION: The Merit System Board adopted the decision.
B-27 PATRICIA A. BABER, ET AL.
Patricia A. Baber, John Chester, Pasquale J. Galasso and Richard P. Holden appeal the determination of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Maintenance Supervisor (PM1293U), Jersey City School District.
ACTION: The Merit System Board directed that these appeals be denied.
B-28 MUHAMMAD BASHIR
Muhammad Bashir appeals the decision of the Division of Selection Services which found that appellant did not meet the education and experience requirements for the promotional examination for Senior Income Maintenance Technician (PS2702K), Division of Medical Assistance and Health Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-29 JODI M. BERGMAN
Jodi M. Bergman appeals the determination of the Division of Selection Services which found that she did not meet the experience requirement of the open competitive examination for Assistant Municipal Treasurer, (M0751W), Kearny.
ACTION: The Merit System Board directed that this appeal be denied.
B-30 CLARESTINE A. BRAXTON
Clarestine A. Braxton appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for the open competitive examination for Senior Community Relations Specialist (M0413O), Newark.
ACTION: The Merit System Board directed that this appeal be denied.
B-31 ABHIJIT CHATTERJEE, ET AL.
Abhijit Chatterjee, Joseph H. Cook, Mahesh C. Desai, Eddy B. Exantus, Susan L. Gresavage, Joseph L. Maloney, Iheanyi C. Opara, Rita H. Pandya, Ahmad A. Qureshi, Moses E. Salem, Jack H. Scire, and Caroline S. Trueman appeal the determination of the Division of Selection Services which found that they were ineligible for the promotional examination for Project Manager, Transportation (PS3550T).
ACTION: The Merit System Board directed that these appeals be denied.
B-32 ANSELMO CRISONINO
Anselmo Crisonino appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Management Specialist (PM0394W), Bayonne.
ACTION: The Merit System Board directed that this appeal be denied.
B-33 ZOILA J. GUTIERREZ
Zoila J. Gutierrez appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for the open competitive examination for Investigator, Probation, Bilingual in Spanish and English (S0329W).
ACTION: The Merit System Board directed that this appeal be denied.
B-34 ESTEFANIA OBLEA
Estefania Oblea appeals the determinations of the Division of Human Resource Management which found that she was ineligible for the promotional examinations for Claims Examiner Unemployment and Disability Insurance (PS5772N) and Claims Examiner Unemployment and Disability Insurance (Bilingual in Spanish and English) (PS5773N), Department of Labor.
ACTION: The Merit System Board directed that this appeal be denied.
B-35 THOMAS J. PRUSAKOWSKI
Thomas J. Prusakowski appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Supervisor Public Works (PM3415V), Sayreville Borough.
ACTION: The Merit System Board directed that this appeal be denied.
B-36 BHUPENDRA J. SHAH, ET AL.
Bhupendra J. Shah, Linda M. Tosti and Diana Wise appeal the determination of the Division of Selection Services which found that they were ineligible for the promotional examination for Project Manager, Transportation (PS3550T).
ACTION: The Merit System Board directed that these appeals be denied.
B-37 ALAN W. TREZ
Alan W. Trez appeals the decision of the Division of Human Resource Management which found that he was ineligible for the promotional examination for Supervising Family Service Specialist 1 (PS6841K), Human Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-38 MARYANN W. WATSON
Maryann W. Watson appeals the determination of the Division of Human Resource Management which found that she was ineligible for the promotional examination for Senior Youth Services Counselor (PC4136V), Bergen County.
ACTION: The Merit System Board directed that this appeal be granted.
B-39 ANNA WEINSTEIN
Anna Weinstein appeals the determination of the Division of Selection Services which found that she did not meet the education requirements for the open competitive examination for Employment Counselor Trainee (Bilingual in Spanish and English) (S0244O).
ACTION: The Merit System Board directed that this appeal be denied.
B-40 JOANNE WELLS
Joanne Wells appeals the determination of the Division of Selection Services which found that she did not meet the requirements for the Social Case Worker (PM1778U), City of Bayonne, promotional examination.
ACTION: The Merit System Board directed that this appeal be granted.
B-41 STELLA CASTALDO, ET AL.
Stella Castaldo, Administrative Assistant 2 (PS5516P), Department of Law and Public Safety; Phyllis Cipolloni, Administrative Analyst 3 Data Processing (PS5599H), Department of Health and Senior Services; Wade Ely and Maryann Mazon, Administrative Analyst 2 Data Processing (PS5128T), Department of Transportation; Stanley Kovaleski, Administrative Analyst 2 Data Processing (PS5345P), Department of Law and Public Safety; and Lauren Mattox, Administrative Assistant 2 (PS4904R), Board of Public Utilities, appeal the validity of their respective examinations which were administered on July 9, 1998.
ACTION: The Merit System Board directed that these appeals be denied.
B-42 DEBBIE FRIEL, ET AL.
Debbie Friel, Arlene Rice and Patricia Schubert, Senior Clerk Transcriber (PS4068J); and Jill Costa, Joan Cheeseman, Rita Cupani, Susan Reilly, Louise Schrier and Dottie Smith, Principal Clerk Transcriber (PS4035J), respresented by Kelly Carruolo, Local 1031, CWA, appeal their scores for promotional examinations for Stockton State College.
ACTION: The Merit System Board directed that these appeals be denied.
B-43 GHISLAIN MARCEAU
Ghislain Marceau appeals his score on the promotional examination for Project Engineer Surface Design (PS4255T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-44 CORRECTION SERGEANT, JUVENILE JUSTICE COMMISSION (PS5139P)
The Policemen's Benevolent Association (PBA) Local 367, represented by Robert Fagella, Esq., appeals the utilization of PAR (Performance Assessment Review) ratings as part of the promotional selection process for Correction Sergeants Juvenile Justice at the Juvenile Justice Commission (JJC).
ACTION: The Merit System Board directed that this appeal be denied.
B-45 LOUIS M. ZALVINO, 3RD, ET AL.
The Director, Human Resource Management, on behalf of the Acting Chief Technology Officer with the Office of Information Technology (OIT), requests that the minimum requirements for appointees to the noncompetitive title, as provided in N.J.A.C. 4A:3-1.2(d), be waived to allow the OIT to appoint Louis M. Zalvino, 3rd, Gerald J. Morrison, Joyce E. Jones, Christopher M. Gaynord and Valerie A. McMillan to the Data Processing Programmer 3 title.
ACTION: The Merit System Board granted the request.
B-46 PROPOSED AMENDMENTS TO N.J.A.C. 4A:4-2.17, EXAMINATION FEES
It is recommended that the amendments to N.J.A.C. 4A:4-2.17, Examination Fees, be adopted without change.
ACTION: The Merit System Board adopted the rule as proposed without change.
B-47 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of March 9, 1999 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of March 9, 1999.
B-48 MICHAEL SAMMARTINO
Michael Sammartino, represented by Sidney H. Lehmann, Esq., appeals his rejection as a Police Officer candidate by the City of Jersey City 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 granted.
B-49 ROY J. YOUNG
Roy J. Young, represented by Samuel J. Halpern, Esq., appeals his rejection as a County Correction Sergeant candidate by the County of Bergen and its request to remove his name from the eligible list for County Correction Sergeant 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-50 JAMES DAVIS
The appeal of James Davis, Printing Operations Technician 4, General Services Administration, Department of the Treasury, of his 15-day suspension beginning January 6, 1997 and removal effective July 10, 1997, on charges, was heard by Administrative Law Judge Bruce R. Campbell (ALJ), who rendered his initial decision on October 8, 1998. The Merit System Board, at its meeting on March 9, 1999, upheld the 15-day suspension, but modified the removal to a six-month suspension.
ACTION: The Merit System Board adopted the final decision.
B-51 RAYMOND SCOTT FREESE
The appeal of Raymond Scott Freese, Correction Lieutenant, Mountainview Youth Correctional Facility, Department of Corrections, concerning his release at the end of his working test period, was heard by Administrative Law Judge Solomon A. Metzger (ALJ), who rendered his initial decision on January 26, 1999, upholding the release. The Merit System Board, at its meeting on March 9, 1999, ordered that appellant be granted a new working test period.
ACTION: The Merit System Board adopted the final decision.
B-52 ROBERT JOYNER
The appeal of Robert Joyner, Juvenile Detention Officer at the Youth Detention Center, Monmouth County, of his removal, effective October 10, 1995 on charges, was heard by Administrative Law Judge Jeff S. Masin (ALJ), who rendered his initial decision on October 22, 1998, reversing the removal. The Merit System Board, at its meeting on March 9, 1999, upheld appellant's removal.
ACTION: The Merit System Board adopted the decision.
B-53 KAREN LEE
The appeal of Karen Lee, Head Clerk Bookkeeper, Northern State Prison, Department of Corrections, removal effective August 11, 1997, on charges, was heard by Administrative Law Judge Richard McGill, who rendered his initial decision on January 8, 1999. The Merit System Board, at its meeting on March 9, 1999, did not adopt the ALJ's recommendation to modify the removal to a three-month suspension. Rather, the Board determined that a six-month suspension was the appropriate penalty.
ACTION: The Merit System Board adopted the decision.
B-54 LOUIS PUTMON
The appeal of Louis Putmon, a Crew Supervisor at Ancora Psychiatric Hospital, Department of Human Services, removal effective November 25, 1996, on charges, was heard by Administrative Law Judge John R. Futey (ALJ), who rendered his initial decision on January 19, 1999. At its meeting on March 9, 1999, the Board adopted the ALJ's recommendation.
ACTION: The Merit System Board adopted the decision.
B-55 IRA ROCHELLE
The appeal of Ira Rochelle, a Senior Buyer with the Department of Health and Human Services, Camden County, concerning his layoff for reasons of efficiency and economy, was heard by Administrative Law Judge Anthony T. Bruno (ALJ), who rendered his initial decision upholding the layoff on February 2, 1999. At its meeting on March 9, 1999, the Board reversed the layoff.
ACTION: The Merit System Board adopted the final decision.
B-56 CHRISTOPHER S. HUNTER AND STACY G. WILSON
Christopher S. Hunter and Stacy G. Wilson appeal the determination of the Division of Human Resource Management which found that they were ineligible for the promotional examination for Correction Lieutenant (PS6320I), Department of Corrections.
ACTION: The Merit System Board directed that these appeals be denied.
B-57 WILLIAM F. LOVE, JR.
D. Craig Stevens, Director, Division of Human Resources, Department of Environmental Protection, requests reconsideration of the Merit System Board decision regarding the eligibility of William F. Love, Jr. for the promotional examination for Forest Fire Control Technician (PS5397G), Environmental Protection.
ACTION: The Merit System Board denied the request for reconsideration.
B-58 KIM LUCAS-JANUSZ
Kim Lucas-Janusz, represented by Bruce L. Atkins, Esq., requests a retroactive permanent appointment date as a Police Sergeant in order to qualify for the promotional examination for Police Lieutenant (PM0155W), Borough of Wallington. It is noted that this matter was held over from the Board=s March 9, 1999 meeting.
ACTION: The Merit System Board granted the request.
B-59 EDWARD AGUILAR, ET AL., MINOR DISCIPLINE APPEAL
Edward Aguilar, Senior Correction Officer and 20 other Senior Correction Officers, Riverfront State Prison, Department of Corrections, represented by Robert A. Fagella, Esq., 13 Senior Correction Officers represented by Stuart J. Alterman, Esq., and Reginald Grant, Correction Sergeant, represented by the New Jersey Law Enforcement Supervisors Association, request Merit System Board review of the imposition of a $338.00 fine, in lieu of a suspension, as restitution for unauthorized absences.
ACTION: The Merit System Board directed that these appeals be denied.
B-60 EARLY SETTLEMENTS
Deborah Adams Department of the Treasury Resignation not in good standing
Brian Amore Division of Codes and Standards Department of Community Affairs Removal
Lawrence Calvin Ancora Psychiatric Hospital Department of Human Services Removal
Anthony Campbell East Jersey State Prison Department of Corrections 6 day suspension
Jeffrey Cochran Central Reception and Assignment Facility Department of Corrections 10 day suspension
James Coleman Arthur Brisbane Child Treatment Center Department of Human Services 30 day suspension
Maizeline Dotts New Lisbon Developmental Center Department of Human Services Removal
Cloretta Greggs Woodbridge Developmental Center Deparmtent of Human Services 15 day suspension
Morris Kramer Department of Environmental Protection 1 day suspension and fine of $1,455.
Eugene Upperman Arthur Brisbane Child Treatment Center Department of Human Services 30 day suspension
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 Tuesday, April 6, 1999, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
_______________________________ JANICE MITCHELL MINTZ CHAIRWOMAN MERIT SYSTEM BOARD |