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MINUTES OF REGULAR MEETING OF

THE CIVIL SERVICE COMMISSION

 

JANUARY 17, 2024

 

Allison Chris Myers, Chairperson

Dolores Gorczyca

Daniel O’Mullan

Diomedes Tsitouras

Christina Mongon

 

 JANUARY 17, 2024

 

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    A regular meeting of the Civil Service Commission was held on Wednesday, January 17, 2024, at 10:00 a.m., in Trenton, New Jersey.

 

    PRESENT: Allison Chris Myers, Chairperson; Members Delores 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 22, 2023, 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 December 20, 2023.

 

ACTION:      The Civil Service Commission adopted the minutes of its meeting of December 20, 2023.

 

WITHDRAWAL OF APPEALS

 

The following appeals were withdrawn and removed from the hearing calendar:

 

Bryan Gomes, Sheriff’s Officer, Cumberland County Sheriff’s Office, removal.

 

ACTION:     The Civil Service Commission noted the withdrawal of appeals 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:

 

Shalana Williams, Custodial Worker, Newark School District, removal and resignation not in good standing. 

 

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

 

SECTION A – HEARING MATTERS

 

A-1    SETTLEMENTS

 

William Bozella

Ancora Psychiatric Hospital

Department of Health

Removal

 

Laurel Mukinayi

Department of Law and Public Safety

Release at the end of the working test period

 

James Page

Ann Klein Forensic Center

Department of Health

Removal

 

Josette Paul

Trenton Psychiatric Hospital

Department of Health

Removal

 

Michael Stone

Northern State Prison

Department of Corrections

Removal

 

ACTION:     The Civil Service Commission acknowledged the settlements.

 

A-2    HOMERO ALMANZAR – CSC DOCKET NO. 2023-1604

 

Homero Almanzar, County Police Sergeant, Union County, Department of Public Safety, 120 working day suspension and demotion to County Police Officer, effective January 13, 2023, on charges of incompetency, inefficiency or failure to perform duties, inability to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause.

 

Recommendation of the Administrative Law Judge – Uphold the 120 working day suspension and demotion. 

 

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

 

A-3    RUDOLPH BEU – CSC DOCKET NO. 2023-939

 

Rudolph Beu, Police Chief, Vineland, Police Department, removal, effective November 15, 2021, on charges of conduct unbecoming a public employee, discrimination that effects equal employment opportunity 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.

VOTE:         Allison Chris Myers                (Abstain)

                   Dolores Gorczyca                   (Yes)

                   Daniel O’Mullan                     (Yes)

                   Diomedes Tsitouras               (Yes)

                   Christina Mongon                  (Yes)

  

A-4    RICKEY DOOLEY – CSC DOCKET NO. 2021-1372

 

Rickie Dooley, Senior Correctional Police Officer, Southern State Correctional Facility, Department of Corrections, removal, effective February 25, 2021, 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 upheld the removal.

 

A-5    PETER GOBEL – CSC DOCKET NOS. 2023-784 AND 2023-785 (CONSOLIDATED)

 

Peter Gobel, Laborer 1, Linden, Department of Public Property and Community Services, 20 and 40 working day suspensions, on charges of, incompetency, inefficiency or failure to perform duties, insubordination, chronic or excessive absenteeism or lateness, conduct unbecoming a public employee, neglect of duty, misuse of public property and other sufficient cause. 

 

Recommendation of the Administrative Law Judge – Modify the 20 working day suspension to a 10 working day suspension and modify the 40 working day suspension to a 10 working day.   

 

ACTION:     The Civil Service Commission affirmed the recommendation of the Administrative Law Judge to modify the 20 working day suspension to a 10 working day suspension.  However, the Commission upheld the 40 working day suspension.

 

A-6    MUHAMMAD GONZALEZ – CSC DOCKET NOS. 2022-2931

 

Muhammad Gonzalez, Hospital Attendant, Hudson County, Department of Health and Human Services, removal, effective April 26, 2022, on charges of incompetency, inefficiency or failure to perform duties, 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-7    LARRICK MCELROY – CSC DOCKET NOS. 2020-2486

 

Larrick McElroy, Senior Correctional Police Officer, Northern State Prison, Department of Corrections, removal, effective April 1, 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 modified the removal to a two- month suspension.

 

SECTION B – MISCELLANEOUS MATTERS

 

B-1    T.T. – CSC DOCKET NO. 2023-2197

 

T.T. appeals his rejection as a Fire Fighter candidate by Teaneck and its request to remove his name from the eligible list for Fire Fighter (M1873W), Teaneck, on the basis of psychological unfitness to perform effectively the duties of the position.

 

ACTION:     The Civil Service Commission referred the matter for an independent psychological examination.       

 

B-2    TYVAUGHN BEDFORD– CSC DOCKET NO. 2024-479

 

Tyvaughn Bedford appeals the decision to remove his name from the Police Officer (M0034D), East Orange, eligible list on the basis of falsification of his application and an unsatisfactory background report.

 

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

 

B-3    MUHAMMED KANGAL – CSC DOCKET NO. 2023-2858

 

Muhammed Kangal appeals the removal of his name from the eligible list for Police Officer (M0072D), Lakewood on the basis of an unsatisfactory employment record.

 

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

  

B-4    CHRISTOPHER FRIZALONE AND MICHAEL SCANK – CSC DOCKET NOS. 2024-157 AND 2024-142

 

Christopher Frizalone and Michael Scank appeal the examination for Correctional Police Sergeant (PS0086I), Department of Corrections.

 

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

 

B-5    T.C. – CSC DOCKET NO. 2024-808

 

T.C., an Interviewer with the Department of Labor and Workforce Development, 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-6    S.L. – CSC DOCKET NO. 2024-1009

 

S.L., a Family Service Specialist 2 with the Department of Children and Families (DCF), represented by Justin Schwam, Esq., requests reconsideration of In the Matter of S.L. (CSC, decided September 20, 2023), which found that he violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.

 

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

VOTE:         Allison Chris Myers                (Abstain)

                   Dolores Gorczyca                   (Yes)

                   Daniel O’Mullan                     (Yes)

                   Diomedes Tsitouras               (Yes)

                   Christina Mongon                  (Yes)

 

B-7    ERIC BEAGIN – CSC DOCKET NO. 2023-1654

 

Eric Beagin, a Fire Fighter with Paterson, Fire Department, represented by Deborah Masker Edwards, Esq., requests back pay, benefits and counsel fees in accordance with the Superior Court, Appellate Division decision rendered on June 28, 2022.  Beagin also requests to file a late application for the promotional examination for Fire Captain (PM2342C), Paterson.

 

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

 

 B-8    ANA CASTILLO – CSC DOCKET NO. 2024-820

 

Ana Castillo, represented by Michael A. Bukosky, Esq., a Fire Fighter with Passaic City, Department of Public Safety, requests counsel fees in accordance with In the Matter of Ana Castillo (CSC, decided August 23, 2023).

 

ACTION:     The Civil Service Commission awarded counsel fees and costs in the amount of $11,440.

 

B-9    STEVEN FIELDING – CSC DOCKET NO. 2024-136

 

Steven Fielding appeals his appointment from the list for Police Officer (S9999F), Phillipsburg.

 

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

 

B-10   GABRIELE SPALLACCI, ET AL. – CSC DOCKET NOS. 2024-916, ET AL.

 

The Superior Court of New Jersey, Appellate Division, has reversed and remanded the decision of the Civil Service Commission in In the Matter of Melvin Jumper, et al., Police Sergeant (various jurisdictions) (CSC, decided March 24, 2021) and remanded In the Matter of Gabriele Spallacci, et al., Docket No. A-2369-2 (App. Div. August 7, 2023), for further proceedings.

 

ACTION:     The Civil Service Commission found that the elimination of the final 10 questions from scoring for the subject examination was justified.

 

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