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MINUTES OF REGULAR MEETING OF

THE CIVIL SERVICE COMMISSION

 

MAY 3, 2023

 

Allison Chris Myers, Acting Chairperson

Dolores Gorczyca

Daniel W. O’Mullan

Diomedes Tsitouras

 

 MAY 3, 2023

 

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    A regular meeting of the Civil Service Commission was held on Wednesday, May 3, 2023, at 10:00 a.m., in Trenton, New Jersey.

 

    PRESENT: Allison Chris Myers, Acting Chairperson; Members Dolores Gorczyca, Daniel O’Mullan, and Diomedes Tsitouras; Brian Ragunan, Deputy Attorney General; Nicholas F. Angiulo, Director, Division of Appeals and Regulatory Affairs; Annemarie Ragos, Commission Secretary.  All individuals listed participated via teleconference.

 

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

 

    Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on November 23, 2022, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.

 

    All actions were by unanimous vote unless otherwise specified.

 

CIVIL SERVICE COMMISSION MINUTES

 

Submitted for adoption are the Civil Service Commission minutes of its meeting of March 29, 2023.

 

ACTION:     The Civil Service Commission adopted the minutes of its meeting of March 29, 2023.

 

WITHDRAWAL OF APPEALS

 

The following appeals were withdrawn and removed from the hearing calendar:

 

Russell App, Fire Fighter, Carteret, Fire Department, removal.

 

Czere Adams, Police Officer, Newark, Department of Public Safety, suspensions (4).

 

George Cook, Motor Broom Driver, Hoboken, Department of Environmental Services, resignation not in good standing.

 

Genevieve Esteban, Senior Data Control Clerk, Jersey City, Department of Housing, Economic Development and Commerce, suspension.

 

Delfon Gayles, Laborer 1, Trenton, Department of Recreation, Natural Resources and Culture, removal.

 

Heather Gumb, Senior Probation Officer, Judiciary, Burlington Vicinage, suspension.

 

Charles Novak, Police Officer, Sayreville, Police Department, suspension.

 

Anant Wright, Meter Worker 1, Trenton, Department of Water and Sewer, removal.

 

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

 

DISMISSAL FOR FAILURE TO APPEAR

 

The Civil Service Commission dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:

 

Tiffany Davis, Agency Services Representative Trainee, Board of Public Utilities, release at the end of the working test period. 

 

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

 

SECTION A – HEARING MATTERS

 

A-1    SETTLEMENTS

 

Ashley Cabrera

Newark

Department of Public Safety

Suspension

 

Thomas Bonuke

Hudson County

Department of Health and Human Services

Suspension

 

Michael Giamarino

Department of Transportation

Suspension

VOTE:         Allison Chris Myers                (Yes)

                   Dolores Gorczyca                   (Recuse)

                   Daniel W. O’Mullan                (Yes)

                   Diomedes Tsitouras               (Yes)

 

Richard Kurapka

Greystone Park Psychiatric Hospital

Department of Health

Release at the end of the working test period

 

Kia Lemmon

Greystone Park Psychiatric Hospital

Department of Health

Removal

 

Brian O’Neill

New Jersey State Prison

Department of Corrections

Suspension and Demotion

 

Brian O’Neill

New Jersey State Prison

Department of Corrections

Removal

 

Richard Sanders

Northern State Prison

Department of Corrections

Removal

 

ACTION:     The Civil Service Commission acknowledged the settlements.

 

A-2    RAYLOR ADAMES – CSC DOCKET NO. 2021-1600

 

Raylor Adames, Fire Fighter, Newark, Department of Public Safety, 10 working day suspension, on charges of neglect of duty and other sufficient cause.    

 

Recommendation of the Administrative Law Judge – Modify the 10 working day suspension to a five working day suspension.     

 

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

 

A-3    ROBERT CLARK – CSC DOCKET NOS. 2020-1028 AND 2020-1029 (CONSOLIDATED)

 

Robert Clark, Police Officer, Monroe, Police Department, 90 working day suspension and removal, effective November 1, 2017, on charges of conduct unbecoming a public employee and violation of multiple departmental rules and regulations.

 

Recommendation of the Administrative Law Judge – Uphold the 90 working day suspension and removal.     

 

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

  

A-4    DAVID GILMORE – CSC DOCKET NO. 2022-2664

 

David Gilmore, Director of Community Improvements, Paterson, Department of Economic Development, removal, effective April 19, 2022, on charges of insubordination, conduct unbecoming a public employee and other sufficient cause.    

 

Recommendation of the Administrative Law Judge – Reverse the removal.     

 

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

 

A-5    MAURICE JACKSON – CSC DOCKET NO. 2020-834

 

Maurice Jackson, Correctional Police Sergeant, Central Reception and Assignment Facility, Department of Corrections, removal, effective September 12, 2019, on charges of conduct unbecoming a public employee and other sufficient cause.    

 

Recommendation of the Administrative Law Judge – Uphold the removal.     

 

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

 

A-6    ARMINDA MEDINA – CSC DOCKET NO. 2016-3718

 

Arminda Medina, Judiciary Clerk 3, Judiciary, Union Vicinage, removal, effective January 25, 2016, on charges of inability to perform duties.    

 

Recommendation of the Administrative Law Judge – Grant the appointing authority’s motion for summary decision and uphold the removal.     

 

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

VOTE:         Allison Chris Myers                (Yes)

                   Dolores Gorczyca                   (Recuse)

                   Daniel W. O’Mullan                (Yes)

                   Diomedes Tsitouras               (Yes)

 

A-7    VICTOR OBIEFUNA – CSC DOCKET NO. 2023-103

 

Victor Obiefuna, Human Services Technician, Greystone Park Psychiatric Hospital, Department of Health, removal, effective March 21, 2022, on charges of conduct unbecoming a public employee and other sufficient cause.    

 

Recommendation of the Administrative Law Judge – Grant the appointing authority’s motion for summary decision and uphold the removal.     

 

ACTION:     The Civil Service Commission remanded the matter to the Office of Administrative Law.

 

A-8    MICHAEL PALINCZAR – CSC DOCKET NO. 2019-3130

 

Michael Palinczar, Police Officer, Trenton, Police Department, removal, effective April 18, 2019, on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause.

 

Recommendation of the Administrative Law Judge – Uphold the removal.     

 

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

 

A-9    MATTHEW RADECKY – CSC DOCKET NOS. 2022-2658 AND 2022-3018 (CONSOLIDATED)

 

Matthew Radecky, Police Sergeant, Pohatcong, Police Department, two removals, effective April 5, 2022, on charges of conduct unbecoming a public employee and other sufficient cause.

 

Recommendation of the Administrative Law Judge – Modify the removals to a six-month suspension.     

 

ACTION:     The Civil Service Commission affirmed the recommendation of the Administrative Law Judge and ordered a fitness for duty examination.

 

A-10   SERGIO SANTIAGO – CSC DOCKET NO. 2022-2313

 

Sergio Santiago, Senior Correctional Police Officer, Northern State Prison, Department of Corrections, removal, effective March 14, 2022, on charges of insubordination, inability to perform duties, conduct unbecoming a public employee and other sufficient cause.    

 

Recommendation of the Administrative Law Judge – Reverse the removal.     

 

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

 

A-11   JAMES SIMPSON – CSC DOCKET NO. 2022-2832

 

James Simpson, Public Works Inspector, Millville, Department of Public Works, removal, effective May 2, 2022, on charges of incompetency, inefficiency or failure to perform duties, insubordination, neglect of duty and other sufficient cause.    

 

Recommendation of the Administrative Law Judge – Uphold the removal.     

 

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

 

A-12   ROME SMITH – CSC DOCKET NO. 2021-342

 

Rome Smith, Senior Juvenile Detention Officer, Cumberland County, Department of Corrections, removal, effective September 15, 2020, on charges of conduct unbecoming a public employee and other sufficient cause.

 

Recommendation of the Administrative Law Judge – Modify the removal to a six-month suspension.     

 

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

 

A-13   CHARLES WILLIAMS – CSC DOCKET NO. 2020-905

 

Charles Williams, Senior Correctional Police Officer, Garden State Youth Correctional Facility, Department of Corrections, 45 working day suspension, on charges of incompetency, inefficiency or failure to perform duties and neglect of duty.    

 

Recommendation of the Administrative Law Judge – Modify the 45 working day suspension to a 25 working day suspension.     

 

ACTION:     The Civil Service Commission upheld the 45 working day suspension

 

SECTION B – MISCELLANEOUS MATTERS

 

B-1    A.S. – CSC DOCKET NO. 2023-625

         

A.S., represented by Eric Marcy, Esq., appeals his rejection as a Police Officer candidate by West New York and its request to remove his name from the eligible list for Police Officer (S9999A) on the basis of psychological unfitness to perform effectively the duties of the position.

 

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

 

B-2    P.R. – CSC DOCKET NO. 2022-1257

         

P.R., represented by Stephen B. Hunter, Esq., appeals her rejection as a Police Officer candidate by Jersey City and its request to remove her name from the eligible list for Police Officer (S9999A) on the basis of psychological unfitness to perform effectively the duties of the position.

 

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

 

B-3    ALAA ALATEEK – CSC DOCKET NO. 2023-1047

         

Alaa Alateek, represented by Nicole L. Atlak, Esq., appeals the removal of her name from the eligible list for Police Officer (S9999A), Jersey City on the basis that she did not appear for the psychological examination. 

 

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

 

B-4    CASEY OLOHAN – CSC DOCKET NO. 2023-715

         

Casey Olohan, represented by John D. Feeley, Esq., appeals the removal of his name from the eligible list for Fire Fighter (M1845W), Kearny on the basis of failure to meet the residency requirement.

 

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

  

B-5    ANTHONY TILLMAN – CSC DOCKET NO. 2023-1252

         

Anthony Tillman appeals the decision to remove his name from the eligible list for Police Officer (S9999A), Ewing Township on the basis that he failed to respond to the certification notice. 

 

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

 

B-6    VICTOR DENIS – CSC DOCKET NO. 2023-1320

         

Victor Denis appeals the bypass of his name on the Supervisor, Information Technology (C0757D), Essex County eligible list.

 

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

 

B-7    ANDREW CASOLE – CSC DOCKET NO. 2023-707

         

Andrew Casole appeals the determination of the Division of Agency Services which found that he lacked the required amount of permanent status in a title to which the examination was open for the promotional examination for Police Lieutenant (PM4787D), Seaside Park.

 

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

 

B-8    TRACI GRANATE – CSC DOCKET NO. 2023-1579

         

Traci Granate appeals the determination of the Division of Agency Services that she did not meet the experience requirements for the qualifying examination for Appeal Examiner 2, Department of Labor and Workforce Development.

 

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

 

B-9    NANCY GRAVINA, ET AL. – CSC DOCKET NOS. 2023-1690, ET AL.

         

Nancy Gravina, Debra Mallamace, Shaonil Nandi, and Michael Picariello appeal the determinations of the Division of Agency Services that they did not meet the experience requirements for the promotional examination for Human Services Specialist 4 (PC5164D), Hudson County.

 

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

 

 B-10   TROY HARRIS – CSC DOCKET NO. 2023-1457

         

Troy Harris appeals the determination of the Division of Agency Services that he did not meet the experience requirements for the open competitive examination for Human Services Specialist 1 (C1491D), Hudson County.

 

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

 

B-11   CLAUDETTE LATTIMORE – CSC DOCKET NO. 2023-1611

         

Claudette Lattimore appeals the determination of the Division of Agency Services that she did not meet the experience requirements for the promotional examination for Coordinator, MVC (PS8479T), Motor Vehicle Commission.

 

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

 

B-12   MINERVA MARTINEZ – CSC DOCKET NO. 2023-1234

         

Minerva Martinez appeals the determination of the Division of Agency Services which found that she did not meet the requirements for the promotional examination for Human Services Specialist 4 (PC5164D), Hudson County.

 

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

 

B-13   MARITZA TELLEZ – CSC DOCKET NOS. 2023-1455 AND 2023-1456

         

Maritza Tellez appeals the determinations of the Division of Agency Services that she did not meet the experience requirements for the promotional examinations for Human Services Specialist 1 (C1491D), and Human Services Specialist 1, Bilingual in Spanish and English (C1492D), Hudson County. 

 

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

 

B-14   JOANNA KIERCE, ET AL. – CSC DOCKET NOS. 2022-1976, ET AL.

         

Joanna Kierce, represented by Michael A. Bukosky, Esq., Kevin Aviles, Megan Bara, Samantha Camacho, Dave Persad, Victor Ransom, Chanel Thomas, John Tomei and Arkadiusz Zylkiewicz (PM4569C), Jersey City; Steve Molina (PM4659C), Union City; and Cristo Dominguez and Juan Laffont (PM4672C), West New York; appeal the administration of the promotional examination for Police Sergeant.

 

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

 

B-15   A.B. – CSC DOCKET NO. 2023-1240

         

A.B., a former unclassified Clinical Psychiatrist – Post Certified with Ancora Psychiatric Hospital, Department of Health, represented by David E. Gray, Esq., appeals the determination of a Chief of Staff which substantiated that she violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.

 

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

 

B-16   M.M. – CSC DOCKET NO. 2023-660

         

M.M., a former Paralegal Technician 1 with the Department of Children and Families, appeals the determination of a Deputy Commissioner, Policy, Legal Affairs and Compliance that substantiated that she violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.

 

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

 

B-17   J.Z. – CSC DOCKET NO. 2023-543

         

J.Z., a Senior Parole Officer, Juvenile Justice Commission, appeals the determination of the Chief Ethics and Compliance Officer, which found that the appellant failed to present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.

 

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

 

B-18   ACCOUNTANT (M0522B), JERSEY CITY PUBLIC LIBRARY– CSC DOCKET NO. 2023-1612

         

Jersey City Public Library requests permission not to make an appointment from the July 11, 2022 certification for Accountant (M0522B), Jersey City Public Library.

 

ACTION:     The Civil Service Commission granted the appointment waiver and assessed selection costs in the amount of $2,048.

 

B-19   INVESTIGATOR 2 (C1222D), BERGEN COUNTY – CSC DOCKET NO. 2023-1517

         

Bergen County requests permission not to make an appointment from the December 12, 2022 certification for Investigator 2 (C1222D), Bergen County. 

 

ACTION:     The Civil Service Commission granted the appointment waiver and assessed selection costs in the amount of $2,048.

 

B-20   SOCIAL WORKER (C1163A), BERGEN COUNTY– CSC DOCKET NO. 2023-1646

         

In In the Matter of Social Worker (C1163A), Bergen County (CSC, decided June 29, 2022), the Civil Service Commission (Commission) granted the request of Bergen County for an appointment waiver for the February 6, 2020 certification and ordered that no selection costs would be assessed at that time since there was a possibility that the eligible list could be utilized prior to its expiration.  However, the appointing authority did not utilize the subject eligible list and the matter of the assessment of costs is now before the Commission.

 

ACTION:     The Civil Service Commission assessed selection costs in the amount of $2,048.

 

B-21   GLENN NOLEN – CSC DOCKET NO. 2023-925

         

Glenn Nolen requests enforcement of the Civil Service Commission decision rendered on May 18, 2022, which ordered that he be granted mitigated back pay, benefits, and seniority. 

 

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

  

B-22   WANDA DOWNING – CSC DOCKET NO. 2023-1492

         

Wanda Downing, a Tenant Relations Assistant, represented by Arnold Shep Cohen, Esq., appeals her separation from employment, effective December 31, 2022, with the Irvington Housing Authority.

 

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

 

B-23   JOSEPH BRANDECKER, ET AL. - CSC DOCKET NOS. 2023-1614, ET AL.

         

The Department of Human Services requests that the permanent appointments of Joseph Brandecker, Shawn Canada, Skylar Dixon, Derek Enriquez, Matthew Lewis and Steven Meckel to the title of Police Officer Recruit, Human Services be recorded, effective January 2, 2021.

 

ACTION:     The Civil Service Commission directed that these requests be granted in part.

 

B-24   SKYLER CONTE – CSC DOCKET NO. 2023-1839

         

The Department of Environmental Protection requests that the permanent appointment of Skyler Conte to the title of State Park Police Officer Trainee be recorded, effective November 22, 2021.

 

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

 

B-25   CRIMINAL INTELLIGENCE ANALYST TITLE SERIES – CSC DOCKET NO. 2023-2248

 

The Division of Agency Services requests the creation of the local government title series of Criminal Intelligence Analyst.

 

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

  

B-26   F.B., ET AL. - CSC DOCKET NOS. 2023-963, ET AL.

         

F.B., J.D., D.K., J.N., and S.R., Fire Fighters; and S.G. and C.R., Fire Captains, all with the West Orange, represented by Craig S. Gumpel, Esq., request enforcement of the Civil Service Commission decision rendered on October 12, 2022, which ordered that they be granted back pay as set forth in the decision.  West Orange, represented by Kenneth A. Rosenberg, Esq., requests a stay of the decision, pending the outcome of its appeal to the Superior Court, Appellate Division. 

 

ACTION:     The Civil Service Commission directed that the request for enforcement be denied and the request for a stay be dismissed.

 

B-27   NICHOLAS HAGENS – CSC DOCKET NO. 2022-3272

         

Nicholas Hagens appeals the decision to remove his name from the Sheriff’s Officer (S9999A), Essex County, eligible list on the basis of falsification of his application.

 

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

 

B-28   BAYRON DELCID – CSC DOCKET NO. 2023-287

 

Baron Delcid appeals his non-appointment from the eligible list for Campus Police Officer Recruit (S9999A), Stockton State University.

 

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

 

B-29   THOMAS WENGERTER – CSC DOCKET NO. 2023-1299

 

Thomas Wengerter appeals the written portion of the examination for Fire Captain (PM5028D) Linden.

 

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

 

PUBLIC PORTION

 

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