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MINUTES OF REGULAR MEETING OF

THE CIVIL SERVICE COMMISSION

 

SEPTEMBER 20, 2023

  

Allison Chris Myers, Chairperson

Dolores Gorczyca

Daniel O’Mullan

Diomedes Tsitouras

Christina Mongon

 

 SEPTEMBER 20, 2023

 

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    A regular meeting of the Civil Service Commission was held on Wednesday, September 20, 2023, at 10:00 a.m., in Trenton, New Jersey.

 

            PRESENT: Allison Chris Myers, Chairperson; Members Dolores Gorczyca, Daniel O’Mullan, Diomedes Tsitouras and Christina Mongon; Levi Klinger-Christiansen, 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 August 23, 2023.

 

ACTION:      The Civil Service Commission adopted the minutes of its meeting of August 23, 2023.

 

WITHDRAWAL OF APPEALS

 

The following appeals were withdrawn and removed from the hearing calendar:

 

Alterton Beverley, Laborer 1, Plainfield Housing Authority, suspension.

 

Steven Kranz, Police Sergeant, Hoboken, Department of Public Safety, suspension. 

 

Helen Ford, County Correctional Police Lieutenant, Hudson County, Department of Corrections, suspension. 

 

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:

 

Stephan Pitts, Road Repairer 2, Camden County Department of Public Works, suspension.

 

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

 

SECTION A – HEARING MATTERS

 

A-1    SETTLEMENTS

 

Lawrence Azubuike

Department of Labor and Workforce Development

Release at the end of the working test period

 

Karen Coombs

Woodbine Developmental Center

Department of Human Services

Removal

 

Marcin Markowski

Bayside State Prison

Department of Corrections

Removal

 

Kaitlin O’Hara

Department of Banking and Insurance

Suspension

VOTE:         Allison Chris Myers                (Yes)

                   Dolores Gorczyca                   (Recuse)

                   Daniel O’Mullan                     (Yes)

                   Diomedes Tsitouras               (Yes)

                   Christina Mongon                  (Yes)

 

Esmeralda Rodriguez

Ancora Psychiatric Hospital

Department of Health

Removal

 

Dominique Stewart

Ancora Psychiatric Hospital

Department of Health

Removal

 

Jenniffer Stidham

Woodbine Developmental Center

Department of Human Services

Removal

 

Vanessa Vazquez (Consolidated)

Hudson County

Department of Health and Human Services

Suspensions (2)

 

Christina White

Ancora Psychiatric Hospital

Department of Health

Removal

 

ACTION:     The Civil Service Commission acknowledged the settlements. 

 

A-2    GERARD CIANDELLA, ET AL. – CSC DOCKET NOS. 2020-2575, ET AL.

 

Gerard Ciandella, Deputy Registrar of Vital Statistics, Hoboken, Department of Human Services, layoff for reasons of economy or efficiency, effective May 7, 2020.  

 

Recommendation of the Administrative Law Judge – Grant the motion for partial summary decision and reverse the layoff.

 

ACTION:     The Civil Service Commission held this matter over.

 

A-3    ELLEN GANOPOLOUS – CSC DOCKET NO. 2018-1032

 

Ellen Ganopolous, Intermittent Bridge Operator, Ocean County, Department of Roads, removal effective September 20, 2017, on charges of incompetency, inefficiency or failure to perform duties, insubordination, neglect of duty 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.

VOTE:         Allison Chris Myers                (No)

                   Dolores Gorczyca                   (Yes)

                   Daniel O’Mullan                     (Yes)

                   Diomedes Tsitouras               (Yes)

                   Christina Mongon                  (Yes)

 

A-4    JASMINE GOVENS – CSC DOCKET NO. 2023-220

 

Jasmine Govens, Senior Correctional Police Officer, South Woods State Prison, Department of Corrections, removal, effective July 20, 2023, on charges of conduct unbecoming a public employee and other sufficient cause.    

 

Recommendation of the Administrative Law Judge – Modify the removal to a 120 working day suspension.

 

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

  

A-5    KAREN MCDOUGALD – CSC DOCKET NO. 2022-2995

 

Karen McDougald, Human Services Specialist 2, Passaic County Board or Social Services, 20 working day suspension, on charges of violating the local government ethics law. 

 

Recommendation of the Administrative Law Judge – Uphold the 20 working day suspension.

 

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

 

A-6    STEVEN MITCHELL – CSC DOCKET NO. 2020-2597

 

Steven Mitchell, Senior Correctional Police Officer, Mid-State Correctional Facility, Department of Corrections, removal, effective May 8, 2020, 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-7    ANDREW MONK – CSC DOCKET NO. 2022-3178

 

Andrew Monk, Laborer 1, Trenton, Department of Public Works, removal, effective May 23, 2022, on charges of on charges of insubordination, 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-8    OMAR POLANCO – CSC DOCKET NO. 2023-1988

 

Omar Polanco, Police Officer, Jersey City, Police Department, removal, effective March 1, 2023, on charges or insubordination, inability to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause.    

 

Recommendation of the Administrative Law Judge – Grant the appellant’s motion for summary decision and reverse the removal. 

 

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

  

SECTION B – MISCELLANEOUS MATTERS

 

B-1    R.C. – CSC DOCKET NO. 2023-148

 

R.C., represented by Robert K. Chewning, Esq., appeals her rejection as a Police Officer candidate by South Plainfield 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-2    B.E. – CSC DOCKET NOS. 2023-105 AND 2023-1430

 

B.E., represented by Robert K. Chewning, Esq., appeals her rejection as a Police Officer candidate by Ridgewood and its request to remove her name from the eligible lists for Police Officer (S9999A and M0129D) on the basis of psychological unfitness to perform effectively the duties of the position.

 

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

 

B-3    P.G. – CSC DOCKET NO. 2023-1474

 

P.G., represented by Leonard C. Schiro, Esq., appeals her rejection as a Fire Fighter candidate by Hoboken and its request to remove her name from the eligible list for Fire Fighter (M1839W) on the basis of psychological unfitness to perform effectively the duties of the position.

 

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

 

B-4    G.M. – CSC DOCKET NO. 2022-1434

 

G.M., represented by Valerie Palma DeLuisi, Esq., appeals his rejection as a Juvenile Detention Officer candidate by Morris County 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-5    DERRICK HANEY – CSC DOCKET NO. 2023-2122

 

Derrick Haney appeals the decision to remove his name from the eligible list for Police Officer (S9999A), Clifton 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    CHRISTIAN HERR – CSC DOCKET NO. 2023-1212

 

Christian Herr, represent by Craig S. Gumpel, Esq., appeals the decision of Newark to remove his name from the eligible list for Fire Fighter (M1856W), Newark based on falsification of his preemployment application.

 

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

 

B-7    LISA OMPONG – CSC DOCKET NO. 2023-1876

 

Lisa Ompong appeals the removal of her name from the eligible list for Family Service Specialist 1 (PS5386K), Department of Children and Families, on the basis that she failed to respond to the certification notice.

 

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

 

B-8    KERI BLASZAK AND MARGARITA JARKOWSKY– CSC DOCKET NOS. 2024-247 AND 2024-251

 

Keri Blaszak and Margarita Jarkowsky appeal the determinations of the Division of Agency Services, which found that they did not meet the experience requirement for the promotional examination for Manager 2, Motor Vehicle Commission (PS9698T).

 

ACTION:     The Civil Service Commission directed that Blaszak’s appeal be granted and Jarkowsky’s appeal be denied.

 

B-9    HOLLY LEONARD – CSC DOCKET NO. 2024-12

 

Holly Leonard appeals the determination of the Division of Agency Services that she did not meet the education requirements for the open competitive examination for the Superintendent, Parks and Forestry 1 (S1267D), Statewide.

 

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

  

B-10   REGINA WILLIAMSON – CSC DOCKET NO. 2023-473

 

Regina Williamson appeals the decision of the Division of Agency Services which found that she did not meet the experience requirements for the open competitive examination for Assistant Personnel Director (M0679D), Paterson.

 

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

         

B-11   KOMAL ZAFAR – CSC DOCKET NO. 2023-2263

 

Komal Zafar appeals the determination of the Division of Agency Services that she 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 this appeal be denied.

 

B-12   JOHN ARVANITIS – CSC DOCKET NO. 2023-1888

 

John Arvanitis appeals his score on the promotional examination for Fire Officer 3 (PM5162C), Jersey City.

 

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

 

B-13   RICHARD GORMAN – CSC DOCKET NO. 2023-1965

 

Richard Gorman appeals his score on the promotional examination for Fire Officer 3 (PM5162C), Jersey City.

 

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

 

B-14   OMAR HOWARD – CSC DOCKET NO. 2023-1706

 

Omar Howard appeals his score on the promotional examination for Deputy Chief Investigator, Department of Corrections (PS0364I).

 

ACTION:     The Civil Service Commission held this matter over.

 

B-15   THOMAS JONES, JR. – CSC DOCKET NO. 2023-1977

 

Thomas Jones, Jr. appeals his score on the promotional examination for Fire Officer 3 (PM5162C), Jersey City.

 

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

 

B-16   JAMES NICKERSON – CSC DOCKET NO. 2023-1843

 

James Nickerson appeals his score on the promotional examination for Fire Officer 3 (PM5162C), Jersey City.

 

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

 

B-17   JOSEPH DI TOMMASO – CSC DOCKET NO. 2023-1921

 

Joseph Di Tommaso appeals his score on the promotional examination for Fire Officer 3 (PM5162C), Jersey City.

 

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

 

B-18   CONSTANCE ZAPPELLA – CSC DOCKET NO. 2023-1851

 

Constance Zappella appeals her score on the promotional examination for Fire Officer 3 (PM5162C), Jersey City.

 

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

 

B-19   NICHOLAS BALESTRIERI – CSC DOCKET NO. 2023-2915

 

Nicholas Balestrieri appeals the administration of the physical performance portion of the examination for Fire Fighter (M1892W), Hamilton.

 

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

 

B-20   CRYSTAL GARNER – CSC DOCKET NO. 2023-2353

 

Crystal Garner appeals the administration of the promotional examination for Assistant Supervisor of Professional Residential Services, Developmental Disabilities (PS7682K), Department of Human Services. 

 

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

  

B-21   P.B. – CSC DOCKET NO. 2023-1487

 

P.B., a State Budget Specialist 4, Department of the Treasury, appeals the determination of the Director of Administration, 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-22   S.L. – CSC DOCKET NO. 2023-2089

 

S.L., a Family Service Specialist 2 with the Department of Children and Families, represented by Justin Schwam, Esq., appeals the determination of a Deputy Commissioner, which found that he the violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.

 

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

VOTE:         Allison Chris Myers                (Abstain)

                   Dolores Gorczyca                   (Yes)

                   Daniel O’Mullan                     (Yes)

                   Diomedes Tsitouras               (Yes)

                   Christina Mongon                  (Yes)

 

B-23   S.B. – CSC DOCKET NO. 2022-2593

 

S.B., an Assistant Social Work Supervisor with the Department of Corrections, requests reconsideration of the final administrative decision rendered on March 23, 2022, which determined that he failed to support a finding that he had been subjected to a violation of the State Policy Prohibiting Discrimination in the Workplace.

 

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

 

B-24   POLICE LIEUTENANT (PM3381E), JERSEY CITY – CSC DOCKET NO. 2024-319, ET AL.

 

Jersey City, represented by Arthur R. Thibault, Esq., and Kyle J. Trent, Esq., petitions the Civil Service Commission (Commission) for a stay of the Commission’s decision in In the Matter of Police Lieutenant (PM3381E), Jersey City (CSC, decided August 2, 2023), pending the outcome of its appeal in the Superior Court, Appellate Division. Additionally, Joseph Chidichimo and David Leon, Police Sergeants with Jersey City, request reconsideration of the final decision in In the Matter of Police Lieutenant (PM3381E), Jersey City, supra.

 

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

VOTE:         Allison Chris Myers                (Abstain)

                   Dolores Gorczyca                   (Yes)

                   Daniel O’Mullan                     (Yes)

                   Diomedes Tsitouras               (Yes)

                   Christina Mongon                  (Yes)

 

B-25   STEPHAN PITTS – CSC DOCKET NO. 2023-2880

 

Stephan Pitts, a Road Repairer 2 with Camden County, represented by Garren Steiner, President, CWA Local 1014, petitions the Civil Service Commission for interim relief regarding his immediate suspension.

 

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

 

B-26   BRIAN ROACH, ET AL. – CSC DOCKET NOS. 2023-507, ET AL.

 

Brian Roach, Dubanes Bello, and Ruben Morales, Fire Fighters with Jersey City, represented by Michael A. Bukosky, Esq., petition the Civil Service Commission for interim relief regarding their immediate suspensions.

 

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

 

B-27   CHRISTINE CHIEFFE – CSC DOCKET NO. 2023-1938

 

Christine Chieffe, a Graduate Nurse with Hudson County, Department of Health and Human Services, Meadowview Psychiatric Hospital, represented by Analiese W. Smith, Esq., requests back pay in accordance with the Civil Service Commission decision rendered on March 23, 2022.

 

ACTION:     The Civil Service Commission awarded back pay in the amount of $12,136.09.

 

B-28   MARIA STARKEY (NUNN-LING) – CSC DOCKET NO. 2022-2533

 

Maria Starkey (Nunn-Ling), a Senior Technician MVC, with the Motor Vehicle Commission appeals her appointment date.

 

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

 

PUBLIC PORTION

 

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