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MINUTES OF REGULAR MEETING OF

THE CIVIL SERVICE COMMISSION

 

MARCH 20, 2024

  

Allison Chris Myers, Chairperson

Dolores Gorczyca

Daniel O’Mullan

Diomedes Tsitouras

Christina Mongon

 

 MARCH 20, 2024

 

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    A regular meeting of the Civil Service Commission was held on Wednesday, March 20, 2024, 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; Dulce A. Sulit-Villamor, Deputy 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 February 28, 2024.

 

ACTION:      The Civil Service Commission adopted the minutes of its meeting of February 28, 2024

 

VOTE:         Allison Chris Myers                (Yes)

                   Dolores Gorczyca                   (Yes)

                   Daniel W. O’Mullan                (Yes)

                   Diomedes Tsitouras               (Abstain)             

                   Christina Mongon                  (Yes)

 

WITHDRAWAL OF APPEALS

 

The following appeals were withdrawn and removed from the hearing calendar:

 

Brandon Baker-Brewer, Senior Therapy Program Assistant, New Lisbon Developmental Center, Department of Human Services, removal.

 

Dayvon Bailey, Police Officer, Newark, Department of Public Safety, suspension.

 

Belinda Fontanez, Senior Code Enforcement Officer, Pemberton Township, Department of Community Development, removal.

 

Tina Holdsworth, Human Services Specialist 1, Burlington County, Board of Social Services, return to previous held permanent title at the end of the working test period.

 

Joel Martinez, Police Officer, Newark, Department of Public Safety, suspension.

 

Luis Melendez, Weights and Measures Apprentice, Hudson County, Sheriff’s Department, suspension.

 

Aneesah Phillips, Senior Therapy Program Assistant, New Lisbon Developmental Center, Department of Human Services, removal.

 

Jason Robles, Police Officer, Union City, Department of Public Safety, removal.

 

Erin Senape, Keyboarding Clerk 2, South Amboy, Department of Public Works, 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:

 

Quamir Armstrong, Senior Medical Security Worker, Ann Klein Forensic Center, Department of Health, removal. 

 

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

 

SECTION A – HEARING MATTERS

 

A-1    SETTLEMENTS

 

Ronny Byers

Cumberland County

Department of Employment and Training

Removal

 

ACTION:     The Civil Service Commission directed that this matter be held over.

 

Alexander Cardillo

Fair Lawn Library

Removal

 

Emily DeScala

Cape May County

Sheriff’s Office

Removal

 

Ericka Horsley

East Orange

Department of Public Safety

Suspension

 

Favio Tavarez

Hudson County

Department of Health and Human Services

Resignation not in good standing

 

ACTION:     The Civil Service Commission acknowledged the settlements.

 

A-2    ADAM AUSTINO – CSC DOCKET NO. 2023-932

 

Adam Austino, Police Captain, Vineland, Police Department, removal, effective November 15, 2021, on charges of conduct unbecoming a public employee, discrimination that affects 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.

 

A-3    DENISE CAMPBELL-OWENS – CSC DOCKET NO. 2021-1338

 

Denise Campbell-Owens, Human Services Assistant, New Jersey Veterans Memorial Home – Vineland, Department of Military and Veterans Affairs, removal, effective December 10, 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-4    J.D. – CSC DOCKET NO. 2021-1245

 

J.D., Senior Repairer, Ann Klein Forensic Center, Department of Health, 15 working day suspension, on charges of conduct unbecoming a public employee, discrimination that affects equal employment opportunity and other sufficient cause.

 

Recommendation of the Administrative Law Judge – Uphold the 15 working day suspension.

 

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)          

                   Christina Mongon                  (Yes)

 

 A-5    SHERI JANOSKI – CSC DOCKET NO. 2024-170

 

Sheri Janoski, Clerk 1, Green Township, removal, effective June 20, 2023, on charges of insubordination, chronic or excessive absenteeism or lateness, conduct unbecoming a public employee, and other sufficient cause.

 

Recommendation of the Administrative Law Judge – Uphold the removal.  

 

ACTION:     The Civil Service Commission modified the removal to a five-month suspension.

 

A-6    JOSEPH PETTIT – CSC DOCKET NO. 2022-1265

 

          Joseph Pettit, Laborer 1, Dennis Township, Department of Public Works, removal, effective November 6, 2021, 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 – Modify the removal to a 100 working day suspension and mandatory anger management programming.    

 

ACTION:     The Civil Service Commission directed that this matter be held over.

 

A-7    ALEXANDER PLAZA – CSC DOCKET NO. 2023-2670

 

          Alexander Plaza, Police Officer, Lindenwold, Police Department, removal, effective May 18, 2023, on charges of violating several departmental policies.

 

Recommendation of the Administrative Law Judge – Uphold the removal.    

 

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

 

SECTION B – MISCELLANEOUS MATTERS

 

B-1    J.B., ET AL. – CSC DOCKET NOS. 2024-372, ET AL.

 

J.B., S.D., and D.K. appeal the decisions to remove their names from the Police Officer (M0034D), East Orange eligible list on the basis of a failed urinalysis examination.

 

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

 

B-2    T.A. – CSC DOCKET NO. 2024-445

 

T.A. appeals the bypass of his name on the Data Entry Operator 4 (PS0455U), Department of the Treasury eligible list.

 

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

 

B-3    BRENDA PESCORAN – CSC DOCKET NO. 2024-575

 

Brenda Pescoran appeals the determination of the Division of Agency Services, which found that, per the substitution clause for education, she did not meet the experience requirement for the open competitive examination for Senior Personnel Assistant (M0658E), Newark School District.

 

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

 

B-4    GENNARO BASSO – CSC DOCKET NO. 2023-1915

 

Gennaro Basso appeals his score on the promotional examination for Battalion Fire Chief (PM4444C), Atlantic City.

 

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

 

B-5    BRIAN BUTLER – CSC DOCKET NO. 2023-2075

 

Brian Butler appeals his score on the promotional examination for Battalion Fire Chief (PM3398C), Trenton.

 

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

 

B-6    WAYNE DANIEL, JR. – CSC DOCKET NO. 2023-2015

 

Wayne Daniel, Jr. appeals his score on the oral portion of the promotional examination for Battalion Fire Chief (PM3388C), Newark.

 

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

 

B-7    JOSEPH DELIKAT – CSC DOCKET NO. 2023-1994

 

Joseph Delikat appeals his score on the promotional examination for Battalion Fire Chief (PM3388C), Newark.

 

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

 

B-8    THOMAS FLANAGAN, III – CSC DOCKET NO. 2023-2024

 

Thomas Flanagan III appeals his score on the promotional examination for Battalion Fire Chief (PM4444C), Atlantic City.

 

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

 

B-9    BRAD FLEISCHMAN – CSC DOCKET NO. 2023-1857

 

Brad Fleischman appeals his score on the promotional examination for Battalion Fire Chief (PM3395C), Rahway.

 

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

 

B-10   KEITH KAUFMAN – CSC DOCKET NO. 2023-1957

 

Keith Kaufman appeals his score on the promotional examination for Fire Officer 2 (PM4200C), Jersey City.

 

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

 

B-11   STANLEY KOLBE, JR. – CSC DOCKET NO. 2023-1954

 

Stanley Kolbe, Jr. appeals his score on the promotional examination for Battalion Fire Chief (PM3394C), Pleasantville.

 

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

 

B-12   RAMON LOPEZ – CSC DOCKET NO. 2023-1858

 

Ramon Lopez appeals his score on the promotional examination for Battalion Fire Chief (PM3395C), Rahway.

 

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

 

B-13   ERNEST LUNETTA – CSC DOCKET NO. 2023-1918

 

Ernest Lunetta appeals his score on the promotional examination for Battalion Fire Chief (PM3388C), Newark.

 

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

 

B-14   SCOTT MCCARTHY – CSC DOCKET NO. 2023-2086

 

Scott McCarthy appeals his score on the promotional examination for Battalion Fire Chief (PM3395C), Rahway.

 

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

 

B-15   BRENT MEISENHELTER – CSC DOCKET NO. 2024-265

 

Brent Meisenhelter appeals the multiple-choice portion of the promotional examination for Battalion Fire Chief (PM2480E), Ocean City.

 

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

 

B-16   BERTRAND MOORE – CSC DOCKET NO. 2023-2023

 

Bertrand Moore, Jr. appeals his score on the promotional examination for Fire Officer 2 (PM4200C), Jersey City.

 

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

 

B-17   STEPHEN MUNI, JR. – CSC DOCKET NO. 2023-1973

 

Stephen Muni, Jr. appeals his score on the promotional examination for Battalion Fire Chief (PM3398C), Trenton.

 

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

 

B-18   VINCENT PALAMARA, JR. – CSC DOCKET NO. 2023-1971

 

Vincent Palamara, Jr. appeals his score on the promotional examination for Fire Officer 2 (PM4200C), Jersey City.

 

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

 

B-19   JAMES PAPPAS – CSC DOCKET NO. 2023-2064

 

James Pappas appeals his score on the promotional examination for Fire Officer 2 (PM4200C), Jersey City.

 

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

 

B-20   KENNETH PEREZ – CSC DOCKET NO. 2023-2069

 

Kenneth Perez appeals his score on the promotional examination for Battalion Fire Chief (PM3388C), Newark.

 

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

 

B-21   FRANK PHILLIPS, III – CSC DOCKET NO. 2023-2090

 

Frank Phillips III appeals his score on the promotional examination for Battalion Fire Chief (PM4444C), Atlantic City.

 

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

 

B-22   JOSE RUIZ – CSC DOCKET NO. 2023-1920

 

Jose Ruiz appeals his score on the oral portion of the promotional examination for Battalion Fire Chief (PM3388C), Newark.

 

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

 

B-23   DEXTER SMITH, SR. – CSC DOCKET NO. 2023-2026

 

Dexter Smith, Sr. appeals his score on the promotional examination for Fire Officer 2 (PM4200C), Jersey City.

 

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

 

B-24   ROBERT UNDERHILL – CSC DOCKET NO. 2023-1875

 

Robert Underhill appeals his score on the promotional examination for Battalion Fire Chief (PM3384C), Harrison.

 

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

 

B-25   JERAY WALKER – CSC DOCKET NO. 2023-1919

 

Jeray Walker appeals his score on the promotional examination for Battalion Fire Chief (PM3388C), Newark.

 

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

 

B-26   TYLER BENDER, ET AL. – CSC DOCKET NOS. 2024-1067, ET AL.

 

Tyler Bender and Caitlin Hurley (PM3226E), Ewing; and Dane Coleman, Joemy Fernandez, Ryan Macaluso, Sean Mullahey, Matthew Scalcione, Juan Velazquez and Gregory Wojtowicz (PM3381E), Jersey City; appeal the promotional examination for Police Lieutenant (various jurisdictions).

 

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

 

B-27   I.L.– CSC DOCKET NO. 2024-1512

 

I.L., a Supervisor of Educational Programs 1 with the Edna Mahan Correctional Facility, Department of Corrections, appeals the determination of a Commissioner, which was unable to substantiate that she was 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-28   T.N.– CSC DOCKET NO. 2023-221

 

T.N., a Correctional Police Lieutenant with the Department of Corrections appeals the determinations of the Director of the Equal Employment Division, stating that the appellant failed to present sufficient evidence to support findings that she had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace or that she had been subjected to reprisal.

 

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

 

B-29   C.T. – CSC DOCKET NO. 2022-2860

 

C.T., a Professional Services Specialist 4 Administrative Services with Stockton University, appeals the determination of the Vice President for Personnel, Labor and Government Relations, 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-30   SEAN MCMANUS – CSC DOCKET NO. 2024-1445

 

Sean McManus, a Conservation Police Officer 2 with the Department of Environmental Protection (DEP), represented by David Beckett, Esq., requests reconsideration of the final decision of the Civil Service Commission, rendered on November 22, 2023, ordering that the DEP recalculate McManus’ rate of cash overtime compensation in accordance with the decision of the Superior Court of New Jersey, Appellate Division, in In the Matter of Sean McManus, Docket No. A-0845-20 (App. Div. August 1, 2023).

 

ACTION:     The Civil Service Commission directed that this matter be held over for further review.

 

B-31   CHRISTIAN COLON – CSC DOCKET NO. 2024-1486

 

Christian Colon, a County Correctional Police Officer with the Passaic County Sheriff’s Office, represented by Frank C. Cioffi, Esq., petitions the Civil Service Commission for interim relief of his immediate suspension without pay, effective January 5, 2024.

 

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

 

B-32   FERDINAND FERNANDEZ – CSC DOCKET NO. 2024-1572

 

Ferdinand Fernandez, a Sheriff’s Officer with the Passaic County Sheriff’s Office, represented by Lori A. Dvorak, Esq., petitions the Civil Service Commission for interim relief regarding his immediate suspension.

 

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

 

B-33   DANE COLEMAN, ET AL. – CSC DOCKET NOS. 2024-1249, ET AL.

 

The Jersey City Superior Officers’ Association, represented by Frank C. Cioffi, Esq., on behalf of Dane Coleman, Alberto Vasquez, Osama Badawi, Michael Stise, Christian Ona, Matthew Scalcione, Michael Galvez, Anthony Moschella, Joziph Soliman, Maria Cortes, Miguel Rivera, William Braker, Ismael Cortes, and Michael Szymanski, requests that they be assigned regular retroactive appointments, effective November 24, 2020, to the title of Police Sergeant.

 

ACTION:     The Civil Service Commission directed that this matter be held over for further review.

 

B-34   P.G.– CSC DOCKET NO. 2024-1748

 

Hoboken requests that the eligible list for Fire Fighter (M1839W) be revived so that P.G.’s name may be certified to the appointing authority for consideration at the time of the next certification.

 

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

 

B-35   OMAR HOWARD – CSC DOCKET NO. 2024-1831

 

Omar Howard, represented by Matthew C. Dorsi, Esq., requests clarification of the Civil Service Commission’s decision in In the Matter of Omar Howard, Principal Investigator Parole and Secured Facilities (PS2734I), Department of Corrections (CSC, decided August 4, 2021).

 

ACTION:     Request was withdrawn.

 

B-36   MARRISA TAYLOR – CSC DOCKET NO. 2024-512

 

Marrisa Taylor challenges the August 1, 2023 appointment of Tammy Burrell to the title of County Correctional Police Sergeant with Union County.

 

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

 

B-37   IN THE MATTER OF OVERTIME PROGRAM, DEPARTMENT OF LAW AND PUBLIC SAFETY – CSC DOCKET NO. 2024-1833

 

The Division of Agency Services, on behalf of the Department of Law and Public Safety, Division of State Police, Office of Forensic Sciences, requests that the provisions of N.J.A.C. 4A:3-5.3 be relaxed to provide individuals in the non-limited, non-exempt titles of Forensic Scientist 1, DL&PS and Forensic Scientist 2, DL&PS, cash compensation at one and one-half times the regular rate for hours worked between 35 and 40 hours.

 

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

 

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