Janice Mitchell Mintz, Chairwoman Alan Dexter Bowman Margaret E. L. Howard Leo R. Vartan
A regular meeting of the Merit System Board was held on Tuesday, November 23, 1999, in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz; Merit System Board Members, Alan Dexter Bowman, Margaret E.L. Howard, and Leo R. Vartan; Andrea Grundfest, 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.
STATE CLASSIFICATION PLAN
The Merit System Board approved the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof.
DATE: October 26, 1999
TO: Janice Mitchell Mintz, Commissioner
Henry S. Maurer, Director Merit System Practices and Labor Relations
FROM: Marjorie A. Schwartz, Director Human Resources Management
SUBJECT: Change in the Compensation Plan
DEPARTMENT OF STATE
The Department of State has requested an upward range reevaluation for the title of Judicial Secretary, Office of Administrative Law.
A compensation expert reviewed the existing evaluation to determine whether it was appropriate given the title's experience requirements and responsibilities. The results indicate that the current evaluation is slightly lower than appropriate. A comparison of the subject title to other titles having similar responsibilities and requirements confirmed the findings of the compensation expert.
Thus, we support the Department of State's request for a one (1) range salary increase.
CHANGE IN SALARY RANGE Effective: 06/05/99
FROM: TO: Judicial Secretary, OAL Judicial Secretary, OAL A16-24838 C 35 A17-24838 C 35
CONFIDENTIAL APPOINTMENT
The Merit System Board recorded the following Confidential Appointment under N.J.S.A. 11A:3-4(h):
Nicholas Caprio appointed as Secretary, Department of the Treasury, effective October 12, 1999, salary of $70,000.00 per annum.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Charlie Wallace, Senior Correction Officer, Department of Corrections, Northern State Prison, suspension.
Vincent White, Sr., Security Guard, City of Trenton, release at the end of the Working Test Period.
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:
Randolf Greenleaf, Head Cook Regional Food Service, Department of Corrections, Edna Mahan Correctional Facility for Women, suspension.
Russell Yobe, Assistant Storekeeper, Department of Corrections, Edna Mahan Correctional Facility for Women, removal.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Nancy Czyzyk Township of Hillside Removal
In the Matter of Javier Figueroa New Jersey State Prison Department of Corrections Suspension
In the Matter of Isaac Headrington
Paterson Housing Authority Removal
In the Matter of Kirk Kiefer County of Ocean Suspension and Demotion
In the Matter of Sandra Lively Woodbine Developmental Center Department of Human Services Indefinite Suspension
In the Matter of Lattisha Mayo Preakness Health Care Center County of Passaic Suspension
In the Matter of Helen Moore Essex County Department of Public Safety Suspension
In the Matter of Eddie Pardo, Jr. Perth Amboy Police Department Suspension
In the Matter of Mattie Williams County of Bergen Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements.
A-2 FILOMENA GIANFRANCESCO
Filomena Gianfrancesco, Labor Market Analyst III, Department of Labor B Labor, Planning and Analysis, suspension for twenty days, on charges of insubordination, neglect of duty and inability to perform duties.
Recommendation of the Administrative Law Judge - Uphold the twenty day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-3 RHONDA JOHNSON
Rhonda Johnson, Correction Officer, Atlantic County, suspension for (1) ten days beginning January 11, 1998, and suspension for (2) ten days beginning June 15, 1998, on charges of (1) insubordination and (2) neglect of duty, performance of duty, insubordination, duty relief and duty hours.
Recommendation of the Administrative Law Judge - Uphold the first ten day suspension and modify the second ten day suspension to a one day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-4 STEPHEN PAULIS
Stephen M. Paulis, Probation Officer, Probation Office, Ocean County, resignation not in good standing effective July 22, 1992, on charges of abandonment, absent from work for five or more working days without authorization.
Recommendation of the Administrative Law Judge - Uphold the resignation not in good standing.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a resignation in good standing.
A-5 CHERYL ROHRBACHER
Cheryl Rohrbacher, Hazardous Site Mitigation Specialist IV, Department of Environmental Protection, layoff/demotion for reasons of economy.
Recommendation of the Administrative Law Judge - Dismiss the appeal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-6 JEAN LAMOTHE
Jean LaMothe, County Correction Officer, Essex County Police Academy and Essex County, removal effective February 10, 1998, on charges of incompetency to perform duties, inability to perform duties, unfit for duty and failure to complete state mandated training requirements
Recommendation of the Administrative Law Judge - Dismiss the appeal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-7 GWENDOLYN MCMILLAN
Gwendolyn McMillan, County Correction Officer, Essex County Police Academy and Essex County, removal effective February 10, 1998, on charges of incompetency to perform duties, unfit for duty, and failure to complete state mandated training requirements.
Recommendation of the Administrative Law Judge - Dismiss the appeal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-8 JOYCE PRINGLE
Joyce Pringle, County Correction Officer, Essex County Police Academy and Essex County, removal effective February 10, 1998, on charges of incompetency to perform duties, inability to perform duties, unfit for duty and failure to complete state mandated training requirements
Recommendation of the Administrative Law Judge - Dismiss the appeal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-9 BARBARA WORTHINGTON
Barbara Worthington, County Correction Officer, Essex County Police Academy and Essex County, removal effective February 10, 1998, on charges of incompetency to perform duties, inability to perform duties, unfit for duty, and failure to complete state mandated training requirements
Recommendation of the Administrative Law Judge - Dismiss the appeal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
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 matters of A-10 Deborah Hansen, A-14 Wilford Smith, and B-24 Jason Dozier. The Board subsequently reconvened the public meeting.
A-10 DEBORAH HANSEN
Deborah Hansen, Deputy Compact Administrator, Division of Operations, Department of Corrections, removal effective May 26, 1994, on charges of conduct unbecoming a public employee and improper or unauthorized contact with an inmate, undue familiarity with inmates, parolees, their families, or friends. The Merit System Board at its meeting of July 7, 1999, directed that this matter be held over.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-11 HINDS, LUPO, QUINN
Maureen Hinds, Program Coordinator Mental Health, Susan Lupo, Program Coordinator Mental Health, William Quinn, III, Program Coordinator Mental Health, Hudson County, layoff effective December 31, 1997 and (Quinn) demotion to the title of Clerk Typist in lieu of layoff December 31, 1997, for reasons of economy and efficiency. The Merit System Board at its meeting of August 31, 1999, directed that this matter be held over.
Recommendation of the Administrative Law Judge - Uphold the layoffs.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-12 WARADAH DASENT
Waradah Dasent, County Correction Officer, Middlesex County, Adult Corrections Center, removal effective June 28, 1997, on charges of inability to perform duties, chronic or excessive absenteeism or lateness, and abandonment, absent from duty for five or more consecutive business days without supervisory approval. The Merit System Board at its meeting of November 9, 1999, directed that this matter be held over.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-13 WILLIAM FRANKO
William Franko, Classification Officer 3, Garden State Youth Correctional Facility, Department of Corrections, suspension for 15 days, on charges of neglect of duty, loafing, idleness or willful failure to devote attention to tasks which could result in danger to persons or property. The Merit System Board at its meeting of November 9, 1999, directed that this matter be held over.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board directed that this matter be held over.
A-14 WILFORD SMITH
Wilford Smith, Director of Custody Operations, New Jersey State Prison, Department of Corrections, suspension for 45 days, on charges of discrimination that affects equal employment opportunity including sexual harassment. The Merit System Board at its meeting of November 9, 1999, directed that this matter be held over.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a 15-day suspension.
SECTION B - MISCELLANEOUS MATTERS
B-1 CHARNELL COOPER
Charnell Cooper appeals her rejection as a Correction Officer Recruit by the Department of Corrections and its request to remove her 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 FRANK DEMOYA
Frank DeMoya appeals his rejection as a County Correction Officer by the County of Hudson and its request to remove his name from the eligible list for County Correction 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 KAHSAN TATEM
Kahsan Tatem appeals his rejection as a Police Officer candidate 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-4 JOHN TIGHE
John Tighe, represented by Lee J. Hughes, Esq., appeals his rejection as a Correction Officer Recruit 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 BARRY WRIGHT
Barry Wright appeals his rejection as a Police Officer by the Township of Gloucester 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-6 CHERYL HOOPER
Cheryl Hooper, a Senior Correction Officer at East Jersey State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-7 GWENDOLYN JAMES
Gwendolyn James, a former 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-8 ROGER LILLY
Roger Lilly, a Senior Correction Officer with Mid-State Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-9 DONNA NATONICK
Donna Natonick, a Records Technician 3, Motor Vehicles, with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-10 PATRICIA SCLAFANI
Patricia Sclafani, formerly a Graduate Nurse 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-11 GEORGE VANWOEART
George VanWoeart, a Senior Correction Officer with East Jersey State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-12 MICHAEL BELL
Michael Bell, represented by Mary Ann McField, 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 eligible list for Police Officer (M5505T), Morristown, due to an unsatisfactory background report.
ACTION: The Merit System Board directed that this appeal be denied.
B-13 PAULINE FLUDD
Pauline Fludd appeals the decision of Human Resource Information Systems which found that Hudson County had presented a sufficient basis to remove her name from the Community Youth Worker (C0157S) eligible list due to her failure to appear for a scheduled interview.
ACTION: The Merit System Board directed that this appeal be denied.
B-14 STEPHEN R. JOHNSON
Stephen R. Johnson 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 eligible list for Correction Officer Recruit (S9999U) due to unsatisfactory criminal and driving records.
ACTION: The Merit System Board directed that this appeal be denied.
B-15 M. MELANIE MARHEFKA
M. Melanie Marhefka appeals the decision of Human Resource Information Systems (HRIS) which found that Atlantic City had presented a sufficient basis to remove appellant's name from the Administrative Secretary (M5408T) eligible list due to her failure to appear for and take a performance test.
ACTION: The Merit System Board directed that this appeal be denied.
B-16 RALPH JASON MORGAN
Ralph Jason Morgan, represented by Jacqueline Jassner, Esq., appeals the decision of Human Resource Information Systems which found that the appointing authority had presented a sufficient basis to remove appellant's name from the eligible list for Police Officer (M3413M), Union City, due to an unsatisfactory driving record.
ACTION: The Merit System Board directed that this appeal be denied.
B-17 JOSEPH RISTAINO
Joseph Ristaino, represented by Diane E. Ristaino, Esq., 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 Police Officer (M3382X), City of Jersey City on the basis of an unsatisfactory background check.
ACTION: The Merit System Board directed that this appeal be denied.
B-18 ANTHONY SUTTON
Anthony Sutton, represented by Anthony J. Fusco, Jr., Esq., appeals the decision of Human Resource Information Systems which found that the City of Newark had presented a sufficient basis to remove appellant's name from the Police Officer (M3394X) eligible list due to his failure to satisfy the City's residency requirement.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Leo Vartan (Yes)
B-19 CRAIG WALLACE
Craig Wallace, represented by Marc D. Keller, 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), eligible list on the basis of an unsatisfactory driving record.
ACTION: The Merit System Board directed that this appeal be denied.
B-20 CAROL CHANDLER
Carol Chandler, represented by Sean F. Byrnes, Esq., appeals the decision of Human Resource Information Systems which upheld the Brick Township School District's bypass of her name on the School Bus Driver (M5772T) eligible list. She also appeals a subsequent bypass by the Brick Township School District on the subject eligible list.
ACTION: The Merit System Board granted a hearing.
B-21 COLEEN FOX
Administrative Law Judge (ALJ) Solomon A. Metzger issued an order which consolidated matters concerning the appellant and determined that the Board has "exclusive jurisdiction over the matters." This order is now before the Board for adoption.
ACTION: The Merit System Board adopted the order.
B-22 WATER REPAIRER (PM1816W), CITY OF EAST ORANGE
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 ordered the appointing authority to remove the provisional appointees, make an appointment from the certification and pay compliance costs.
B-23 EDWARD O'NEIL
Edward O'Neil, an Equipment Operator with the Department of Public Works, Borough of Highlands, petitions the Merit System Board for reconsideration of the final administrative decision, rendered on June 8, 1999, which found that the appellant's removal was justified.
ACTION: The Merit System Board directed that this matter be held over.
B-24 JASON DOZIER
The appeal of Jason Dozier, Cottage Training Technician, Woodbine Developmental Center, Department of Human Services, concerning his removal effective November 26, 1997 on charges, was heard by Administrative Law Judge Lillard E. Law (ALJ), who rendered his initial decision on May 20, 1999 upholding the removal. At its meeting on July 7, 1999, the Board affirmed the ALJ's recommendation. At its August 31, 1999 meeting the Board adopted its written decision in the matter. This decision was not issued. Subsequently, based upon further review, the Board finds it necessary to revise and clarify its initial written decision.
ACTION: The Merit System Board vacated the approval of the written decision from the August 31, 1999 meeting and adopted the current written version of the decision.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Leo Vartan (Abstained)
B-25 WAYNE N. COATES, JR.
The appeal of Wayne N. Coates, Jr., a Police Officer with the Borough of Clementon, of his 30-day suspension and the imposition of restitution on charges, was heard by Administrative Law Judge Joseph F. Fidler, who rendered his initial decision on September 15, 1999 upholding the 30-day suspension and restitution. At its meeting on October 26, 1999, the Board adopted the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Leo Vartan (Abstained)
B-26 TAMARA COLE
The appeal of Tamara Cole, a Senior Gardener with the Hunterdon County Park System, regarding a 60-day suspension on charges, was heard by Administrative Law Judge Anthony T. Bruno (ALJ), who rendered his initial decision on September 10, 1999 reducing the 60-day suspension to a 20-day suspension. At its meeting on October 26, 1999, the Board did not adopt the ALJ's recommendation. Rather, the Board concluded that the appointing authority's action in imposing a 60-day suspension was appropriate. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Leo Vartan (Abstained)
B-27 JEREMY KING
The appeal of Jeremy King, County Correction Officer, Burlington County Corrections Department, concerning his release at the end of his working test period effective May 15, 1998, was heard by Administrative Law Judge John R. Tassini (ALJ), who rendered his initial decision on September 17, 1999. At its meeting of October 26, 1999, the Board did not adopt the ALJ's recommendation that the appointing authority's action in releasing appellant at the end of his working test period was justified. Rather, the Board ordered that the appellant be granted a new working test period. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Leo Vartan (Abstained)
B-28 CHARLES RAYMOND
The appeal of Charles Raymond, a Senior Correction Officer with the Juvenile Justice Commission, Department of Law and Public Safety, of his removal effective October 23, 1998 on charges, was heard by Administrative Law Judge Solomon A. Metzger (ALJ), who rendered his initial decision on July 26, 1999. At its meeting on October 26, 1999, the Merit System Board did not accept the ALJ's recommendation to modify the removal to a 90-day suspension. Rather, the Board concluded that a six-month suspension was warranted. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Leo Vartan (Abstained)
B-29 MARIO SIMMONS
The appeal of Mario Simmons, a Police Officer with the City of Newark, regarding a 120-day suspension on charges, was heard by Administrative Law Judge Michael L. Ravin (ALJ), who rendered his initial decision on September 10, 1999 reducing the 120-day suspension to a 60-day suspension. At its meeting on October 26, 1999, the Board concluded that the 120-day suspension should be reduced to a 15-day suspension. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board directed that this matter be held over.
B-30 WINFIELD THOMAS
The appeal of Winfield Thomas, a Building Maintenance Worker with the Trenton Housing Authority, of his removal effective February 7, 1997 on charges, was heard by Administrative Law Judge Walter F. Sullivan (ALJ), who rendered his initial decision on September 30, 1999. At its meeting on November 9, 1999, the Merit System Board did not adopt the ALJ's recommendation to reverse the removal. Rather, the Board ordered that this matter be remanded to the Office of Administrative Law. The proposed decision is now submitted to the Board for its review.
ACTION: The Merit System board adopted the final decision.
B-31 TONY TRIBBETT
The appeal of Tony Tribbett, an Equipment Operator with the Department of Transportation, of his removal effective July 3, 1998 on charges, was heard by Administrative Law Judge Bruce R. Campbell (ALJ), who rendered his initial decision on September 21, 1999. At its meeting of October 26, 1999, the Merit System Board affirmed the ALJ's recommendation to reverse the removal. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Leo Vartan (Abstained)
B-32 LAWRENCE R. BROWN
Lawrence R. Brown appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examination for Counselor, Victim-Witness Program (C0740W), Gloucester County.
ACTION: The Merit System Board directed that this appeal be denied.
B-33 RANDY CARDUCCI
Randy Carducci appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Storekeeper (PC1976W), Burlington County.
ACTION: The Merit System Board directed that this appeal be granted.
B-34 PAULA D'ALESSIO
On behalf of Paula D'Alessio, a Regular Appointment (RA) Technician, Management Information System and provisionally appointed Administrative Analyst 2, (Data Processing) of the North Jersey Developmental Center, the Director, Division of Human Resource Management requests that her out-of-title work experience be accepted to satisfy the experience requirement for the promotional examination for Administrative Analyst 2, Data Processing (PS7348K), North Jersey Developmental Center.
ACTION: The Merit System Board granted the request.
B-35 MICHAEL FLITE
The Director, Division of Human Resource Management, requests relaxation of N.J.A.C. 4A:4-7.6(c) to accept Michael Flite's Bachelor's degree in Mathematics to satisfy the educational requirement for the qualifying examination of Hazardous Site Mitigation Specialist 2, Department of Environmental Protection.
ACTION: The Merit System Board granted the request.
B-36 BEVERLY D. FRAZIER
Beverly D. Frazier appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the open competitive examination for Assistant Director of Public Works (M0799W), City of Jersey City.
ACTION: The Merit System Board directed that this appeal be denied.
B-37 STEVEN M. JOHNSON
Steven M. Johnson appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the Executive Assistant 3 (PS5171I), East Jersey State Prison promotional examination.
ACTION: The Merit System Board directed that this appeal be granted.
B-38 MARLENE M. KITCHELL
The Department of Environmental protection appointing authority, on behalf of Marlene M. Kitchell, appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Manager 1 Human Resources (PS8296G), Department of Environmental Protection.
ACTION: The Merit System Board directed that this appeal be granted.
B-39 ROBERT P. LEWIS, ET AL.
Robert P. Lewis, William H. O'Shaughnessy and Henry A. Schreiber appeal the determination of the Division of Selection Services which found that they did not meet the educational requirements for the open competitive examination for County Park Manager (C0675W), Monmouth County.
ACTION: The Merit System Board directed that these appeals be denied.
B-40 COLLEEN LITTWIN
Colleen Littwin appeals the determination of the Division of Selection Services which found that appellant did not meet the experience requirements for the promotional examination for Education Program Assistant 2 (PS6350F), Department of Education.
ACTION: The Merit System Board directed that this appeal be granted.
B-41 GINA R. MURRAY
Gina R. Murray appeals the decision of the Division of Selection services which found that appellant did not meet the experience requirements for the promotional examination for Deputy Municipal Court Administrator (PM0563W), City of Atlantic City.
ACTION: The Merit System Board directed that this appeal be granted.
B-42 SHARON O'CONNELL, ET AL.
Sharon O'Connell, Michelle Maglione-Signoretta and Donna Winkler appeal the determinations of the Division of Selection Services which found them ineligible for the promotional examination for Procurement Specialist 3 (PS7408U), Department of the Treasury, Division of Purchase and Property.
ACTION: The Merit System Board directed that this appeal be denied.
B-43 JOANNE M. STRANGE
Joanne M. Strange appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the Assistant Municipal Treasurer (PM1158W), Deptford Township promotional examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-44 JOAN VAWTER
Joan Vawter appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the open competitive examination for Social Worker, Nursing Home (C0666W), Monmouth County.
ACTION: The Merit System Board directed that this appeal be granted.
B-45 KRISTINA WEHNKE
Kristina Wehnke appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the open competitive examination for Program Development Specialist, Community Service (C6403W), Atlantic County.
ACTION: The Merit System Board directed that this appeal be denied.
B-46 WILLIAM BOWMAN
William Bowman appeals his score on the examination for Fire Captain (PM3620V), Ocean City.
ACTION: The Merit System Board directed that this appeal be granted in part.
B-47 ROBERT GOUCHER
Robert Goucher appeals his score on the examination for Fire Captain (PM3620V), Ocean City.
ACTION: The Merit System Board directed that this appeal be granted in part.
B-48 BRIAN GREEN
Brian Green appeals his score on the examination for Fire Captain (PM3620V), Ocean City.
ACTION: The Merit System Board directed that this appeal be denied.
B-49 EDWIN KOOKER
Edwin Kooker appeals his score on the examination for Fire Captain (PM3620V), Ocean City.
ACTION: The Merit System Board directed that this appeal be denied.
B-50 MICHAEL LOWE
Michael Lowe appeals his score on the examination for Fire Captain (PM3620V), Ocean City.
ACTION: The Merit System Board directed that this appeal be denied.
B-51 THOMAS SHALLCROSS
Thomas Shallcross appeals his score on the examination for Fire Captain (PM3620V), Ocean City.
ACTION: The Merit System Board directed that this appeal be denied.
B-52 EDWIN A. SMITH
Edwin A. Smith appeals his score on the promotional examination for Police Sergeant (PM3213S), Camden.
ACTION: The Merit System Board directed that this appeal be denied.
B-53 MARK A. CUTALO
Mark A. Cutalo appeals the correctness of the scoring key for the written examination for Fire Lieutenant (PM1194T), Bloomfield.
ACTION: The Merit System Board directed that this appeal be denied.
B-54 ELIZABETH MOODY AND JOYCE WOODSON
Elizabeth Moody and Joyce Woodson appeal the validity of the examination for Family Service Worker (M0740W), Camden City.
ACTION: The Merit System Board directed that these appeals be denied.
B-55 HILDA ROSA, ET AL.
Hilda Rosa, Jacqueline Santiago and Maria Sierra appeal questions on the examination for Family Service Worker (M0740W), Camden City.
ACTION: The Merit System Board directed that these appeals be denied.
B-56 BETH STAUCH
Beth Stauch petitions the Merit System Board for reconsideration of its decision rendered on October 13, 1999 in which her request for admittance to the examination for County Park Manager (C0675W), Monmouth County, was denied.
ACTION: The Merit System Board denied the request.
B-57 DAVID BUESE
The Director, Division of Human Resource Management, requests relaxation of N.J.A.C. 4A:4-7.6(a) to effect a lateral title change for David Buese from his permanent status as a Senior Food Service Handler to Institutional Telephone Operator.
ACTION: The Merit System Board granted the request.
B-58 WILLIAM MULLOWNEY
The Director, Selection Services, on behalf of the Department of Transportation, requests that William Mullowney's out-of-title work experience be accepted to satisfy the experience requirement for Project Engineer, Construction.
ACTION: The Merit System Board granted the request.
B-59 BARRY COLICELLI, ET AL.
Barry Colicelli, Albert Cicalese, Anthony Perillo, Henry Alston, Joseph Tutela, Dario Rizzitello and Kenneth Rox, represented by Edward J. Bilinkas, Esq., request that the eligible list for Police Captain (PM1167U), Newark, be extended for one year from its expiration date, January 22, 2000.
ACTION: The Merit System Board denied the request.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Leo Vartan (Yes)
B-60 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of November 9, 1999, are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of November 9, 1999.
B-61 WILLIAM BARTLESON, JR.
The appeal of William Bartleson, Jr., a Correction Officer Recruit with Bayside State Prison, Department of Corrections, regarding his removal effective May 14, 1998 on charges, was heard by Administrative Law Judge M. Kathleen Duncan (ALJ), who rendered her initial decision on June 21, 1999 modifying the removal to a 60-day suspension. At its meeting on October 13, 1999, the Board did not affirm the ALJ's recommendation that the removal be modified. Rather, the Board sustains the charges and concludes that the appointing authority's action in removing the appellant was appropriate. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Leo Vartan (Abstained)
B-62 JOHNNIE MAE BURGESS
The appeal of Johnnie Mae Burgess, a Human Services Assistant with Greystone Park Psychiatric Hospital, Department of Human Services, of her 30-day suspension on charges, was the subject of a settlement conference conducted by Chief Administrative Law Judge Barbara A. Harned (ALJ), who rendered her initial decision on September 30, 1999. At its meeting of November 9, 1999, the Merit System Board adopted the recommendation of the ALJ to acknowledge the settlement. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-63 DOUGLAS ELDRIDGE
Douglas Eldridge, a Police Sergeant with the Borough of Oakland, represented by Leon B. Savetsky, Esq., seeks a stay pending the outcome of his appeal before the Merit System Board in regard to his 30-day suspension and demotion on charges.
ACTION: The Merit System Board denied the request for a stay.
VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Leo Vartan (Yes)
B-64 ROMAN GANKIEWICZ
Roman Gankiewicz, represented by Francis J. Hartman, Esq., appeals the decision of the Director of Human Resource Information Services which found that the appellant was properly removed from the list for Chief of Personnel and Labor Relations (M6579W), Hamilton Township, since he did not possess the required education and experience for the position.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Leo Vartan (Yes)
B-65 CAROLYN NEIMAN
Carolyn Neiman appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Administrative Analyst 2 (Data Processing) (PS7199P), Election Law Enforcement Commission.
ACTION: The Merit System Board directed that this appeal be granted.
VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Leo Vartan (Yes)
B-66 EARLY SETTLEMENTS
Cynthia Allen North Jersey Developmental Center Department of Human Services 20-day suspension
Lenice Alston Greystone Park Psychiatric Hospital Department of Human Services 30-day suspension
Lance Carver New Lisbon Developmental Center Department of Human Services Removal
Jose A. Colondres Department of the Treasury Removal
Katina Green Vineland Developmental Center Department of Human Services Release at the end of the Working Test Period
Sharon Harris Woodbine Developmental Center Department of Human Services Removal
Thomas Johnson Ancora Psychiatric Hospital Department of Human Services
Mildred Jones Vineland Developmental Center Department of Human Services Release at the end of the Working Test Period
Beverly Robinson North Jersey Developmental Center Department of Human Services 15-day suspension and removal
Constance Williams Wooodbine Developmental Center Department of Human Services Removal
ACTION: The Merit System Board acknowledged the settlements.
VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Leo Vartan (Yes)
There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, December 7, 1999, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
__________________________________ JANICE MITCHELL MINTZ CHAIRWOMAN MERIT SYSTEM BOARD
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