Minutes of Regular Meeting of the Civil Service Commission

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MINUTES OF REGULAR MEETING OF

THE CIVIL SERVICE COMMISSION

 

APRIL 10, 2024

  

Allison Chris Myers, Chairperson

Dolores Gorczyca

Daniel O’Mullan

Diomedes Tsitouras

Christina Mongon

 

APRIL 10, 2024

 

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    A regular meeting of the Civil Service Commission was held on Wednesday, April 10, 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 March 20, 2024.

 

ACTION:      The Civil Service Commission adopted the minutes of its meeting of March 20, 2024.

 

WITHDRAWAL OF APPEALS

 

The following appeals were withdrawn and removed from the hearing calendar:

 

Marisa Edwards, Parole Officer Recruit, State Parole Board – removal.

 

Germany Exavier, Human Services Assistant, Veterans Memorial Home – Menlo Park, Department of Military and Veterans Affairs, removal.

 

Marie Montalement, Human Services Assistant, Veterans Memorial Home – Menlo Park, Department of Military and Veterans Affairs, 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:

 

Arthur Reed, Senior Medical Security Worker, Ann Klein Forensic Center, Department of Health, resignation not in good standing. 

 

Kristine Elliott, Family Service Specialist Trainee, Department of Children and Families, 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

 

Ronny Byers

Cumberland County

Department of Employment and Training

Removal

 

Kissa Dockery

Division of State Police

Department of Law and Public Safety

Removal

VOTE:         Allison Chris Myers                (Yes)

                   Dolores Gorczyca                   (Recuse)

                   Daniel W. O’Mullan                (Yes)

                   Diomedes Tsitouras                (Yes)          

                   Christina Mongon                  (Yes)

 

C.E.

Trenton Psychiatric Hospital

Department of Health

Removal

 

Michael Gorski

Mercer County Corrections Center

Suspension

 

Michael Gorski

Mercer County Corrections Center

Suspension

 

Bianca Montague

Newark Public School District

Removal

 

Sergio Santiago

Northern State Prison

Department of Corrections

Suspension

 

ACTION:     The Civil Service Commission acknowledged the settlements.

 

A-2    JACQUELINE COLEY – CSC DOCKET NO. 2021-535

 

Jacqueline Coley, Principal Clerk Transcriber, Plainfield, Fire Department, removal, effective November 2, 2020, 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 Reverse the removal.

 

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

 

A-3    ROBERT DODSON – CSC DOCKET NO. 2023-758

 

Robert Dodson, Police Lieutenant, Atlantic City, Police Department, removal, effective October 2, 2022, on charges of 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-4    IMMANUEL JONES – CSC DOCKET NO. 2023-1444

 

Immanuel Jones, Laborer 1, Township of Union, Department of Buildings and Grounds, removal, effective October 14, 2022, on charges of conduct unbecoming a public employee, insubordination, and other sufficient cause.

 

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

 

ACTION:     The Civil Service Commission affirmed the recommendation of  the Administrative Law Judge and awarded 75 percent of counsel fees to be reimbursed.

VOTE:         Allison Chris Myers                (Yes)

                   Dolores Gorczyca                   (Recuse)

                   Daniel W. O’Mullan                (Yes)

                   Diomedes Tsitouras                (Yes)          

                   Christina Mongon                  (Yes) 

  

A-5    MICHAEL LA MONTAGNE – CSC DOCKET NO. 2023-2634

Michael La Montagne, Police Officer, Little Egg Harbor Township, Police Department, removal, effective April 19, 2023, conduct unbecoming a public employee, criminal mischief, harassment, computer criminal activity, 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    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 rejected the initial decision and acknowledged the settlement.

 

A-7    ANTONIO SALTERS – CSC DOCKET NO. 2021-1827

 

Antonio Salters appeals the bypass of his name on the eligible list for Fire Fighter (M1838W), Township of Hillside.

 

Recommendation of the Administrative Law Judge – Deny the appeal.    

 

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

 

A-8    CARMINE SANTA – CSC DOCKET NO. 2022-26

 

Carmine Santa, Mechanic, Parsippany-Troy Hills, Department of Public Works, removal, effective June 7, 2021, on charges of inability to perform duties.      

 

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-9    B.S. – CSC DOCKET NO. 2023-1451

 

B.S., Human Services Assistant, Greystone Park Psychiatric Hospital, Department of Health, removal, effective November 3, 2021, on charges of conduct unbecoming a public employee and other sufficient cause.

           

Recommendation of the Administrative Law Judge Dismiss the appeal for failure to appear.

 

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

 

A-10   DAVID STATTEL – CSC DOCKET NO. 2023-2165

 

David Stattel, Police Officer, Marlboro Township, Police Department, removal, effective August 22, 2022, on charges of discrimination that affects equal employment opportunity, 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.

 

SECTION B – MISCELLANEOUS MATTERS

 

B-1    E.R. – CSC DOCKET NO. 2023-1673

 

E.R., represented by Mark W. Catanzaro, Esq., appeals his rejection as a Police Officer candidate by Pennsauken and its request to remove his name from the eligible list for Police Officer (M0119D) 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    PERRY BAKARI – CSC DOCKET NO. 2024-705

 

Perry Bakari appeals the removal of his name from the eligible list for Rehabilitation Counselor Mental Health (S0460C), Statewide, on the basis that he failed to respond to the certification notice.

 

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

 

B-3    ROBIN GONZALEZ – CSC DOCKET NO. 2023-575

 

Robin Gonzalez appeals the bypass of her name on the Human Services Specialist 4 (PC4857C), Monmouth County, eligible list.

 

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

 

B-4    RICHARD R. MARRERO, JR. – CSC DOCKET NOS. 2024-459 AND 2024-460

 

Richard R. Marrero, Jr., appeals the bypass of his name on the Fire Lieutenant (PM2368C), Jackson Township Fire District 4, eligible list and his non-appointment from the Fire Prevention Specialist, UFD (PM4226C), Jackson Township Fire District 4, eligible list.

 

ACTION:     The Civil Service Commission referred the matters to the Office of Administrative Law for a hearing.

 

B-5    PAVEL BUTRIM – CSC DOCKET NO. 2024-583

 

Pavel Butrim, a County Correctional Police Officer with Hudson County, Department of Corrections, represented by Arthur J. Murray, Esq., requests enforcement of In the Matter of Pavel Butrim, Hudson County, Department of Corrections (CSC, decided August 24, 2022), which granted him back pay, benefits, and seniority pursuant to N.J.A.C. 4A:2-2.10. 

 

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

 

B-6    FRANK JAMES – CSC DOCKET NO. 2024-415

 

Frank James, a County Correctional Police Officer with Essex County, Department of Corrections, represented by Patrick P. Toscano, Jr., Esq., requests back pay in accordance with the Civil Service Commission decision rendered on June 15, 2022. 

 

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

 

B-7    SAMUEL JOHNSON III – CSC DOCKET NO. 2024-559

 

Samuel Johnson III appeals his non-appointment to the title of Police Sergeant with Trenton.

 

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

 

B-8    GIHANE SAID – CSC DOCKET NO. 2023-2580

 

Gihane Said, an Auditor 2, Taxation, with the Department of the Treasury appeals the determination of her salary upon her promotion to her current title, pursuant to N.J.A.C. 4A:3-4.9.

 

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

 

B-9    VETERANS SERVICE OFFICER TRAINEECSC DOCKET NO. 2024-1891

 

The Division of Agency Services intends to reactivate the title of Veterans Service Officer Trainee and requests that the title be reallocated to the noncompetitive division of the career service in accordance with N.J.A.C. 4A:3-1.2.

 

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

 

PUBLIC PORTION

 

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