Margaret E. L. Howard, Presiding Alan Dexter Bowman Judith L. Shaw Leo R. Vartan
A regular meeting of the Merit System Board was held on Tuesday, February 1, 2000, in Trenton, New Jersey.
PRESENT: Presiding Board Member, Margaret E.L. Howard; Merit System Board Members, Alan Dexter Bowman, Judith L. Shaw, and Leo R. Vartan; Elizabeth Laufer, Deputy Attorney General; Henry Maurer, Director, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, Margaret E. L. Howard, presiding Merit System Board member, 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 January 27, 2000 and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.
All other actions were by unanimous vote unless otherwise specified.
CONFIDENTIAL APPOINTMENT
The Merit System Board recorded the following Confidential Appointment under N.J.S.A. 11A:3-4(h):
Laurie D. Snyder appointed as Confidential Secretary, Department of Community Affairs, effective November 6, 1999, salary of $46,397.40 per annum.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Jeanene Baten, Head Nurse, Department of Human Services, New Lisbon Developmental Center, removal.
Ellen Black, Police Officer, Rockaway Township, removal.
Dorothy Boyd, Cottage Training Supervisor, Department of Human Services, Vineland Developmental Center, removal.
Michael Boylan, Senior Correction Officer, Department of Corrections, Edna Mahan Correctional Facility for Women, suspension.
Douglas Ferguson, Senior Correction Officer, Department of Corrections, Central Medical/Transportation, suspension.
Eduardo Pinto, Police Officer, City of Newark, removal.
DISMISSAL OF APPEALS - FAILURE TO APPEAR
The Merit System Board dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:
James Beck, Equipment Operator, Department of Transportation, suspension.
Carolyn Bowman, Human Services Technician, Department of Human Services, Greystone Park Psychiatric Hospital, removal.
Dedra Ogunjobi, Clerk Typist, Administrative Office of the Courts, Judiciary B Essex Vicinage, suspension.
Joseph Palumbo, Maintenance Worker II, Department of Transportation, removal.
Dwight L. Speight, Stock Clerk, State Operated School District of the City of Newark, removal.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Tina Marie DeCesare Weehawkin Board of Education Removal
In the Matter of Derrick Green Willingboro Township Removal
In the Matter of John Modzelewski Town of Kearney Suspension
In the Matter of Mary Russo Newark School District Resignation Not in Good Standing
In the Matter of Charles Stephenson Northern State Prison - Department of Corrections Suspension
In the Matter of Charles Thompson County of Monmouth Department of Corrections and Youth Services Removal
In the Matter of Lawrence Wheeler City of Passaic, Police Department Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements with the exception of Derrick Green and John Modzelewski.
A motion was made and seconded that the open session be recessed and that, pursuant to Section 12(b) of the Open Public Meetings Act, the Merit System Board entered into Executive Session for the purpose of legal advice on the matters of A-2 Ibrahim Abdul- Haqq, A-14 Jennifer Jones, and A-23 Lamont Walker. The Board subsequently reconvened the public meeting.
A-2 IBRAHIM ABDUL-HAQQ
Ibrahim Abdul-Haqq, Fire Fighter, Newark Fire Department, suspension for 20 intermittent days beginning October 26, 1994 and ending December 7, 1994, and removal effective November 22, 1996, on charges of wearing a beard, refusing orders to shave it, and refusing to adhere to the rules and regulations of the department concerning facial hair.
Recommendation of the Administrative Law Judge - Uphold the 20 day suspension, and modify the removal to a six month suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
VOTE: Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
A-3 WILLIAM BROPHY
Appeal of William Brophy, Stock Handler, Camden County Corrections Department, concerning the removal of his name from the Investigator Sergeant, Penal Institution (C0614S), Camden County eligible list.
Recommendation of the Administrative Law Judge - Uphold the removal of appellant's name from eligible list for Investigator Sergeant, Penal Institution (C0614S), Camden County.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-4 PATRICIA FOUNTAIN
Patricia Fountain, Senior Investigator, Department of Corrections, demotion to the position of Senior Correction Officer, on charges of neglect of duty, loafing, idleness or willful failure to devote attention to tasks which could result in danger to persons or property, conduct unbecoming an employee and unauthorized use of computers, copiers, or other State equipment, and violation of a rule, regulation, procedure, order or administrative decision.
Recommendation of the Administrative Law Judge - Uphold the demotion.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-5 BERNARD L. MARTIN
Bernard L. Martin, Correction Sergeant, Adult Diagnostic and Treatment Center, Department of Corrections, two suspensions, each one for 15 days, on charges of unsatisfactory attendance and being absent from work as scheduled without permission or prior notice.
Recommendation of the Administrative Law Judge - Reverse the suspensions.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-6 PHILIP MARTONE
Philip Martone, Supervisor of Recreation, Township of Kearny, suspension for four months, on charges of conduct unbecoming a public employee and possession of marijuana
Recommendation of the Administrative Law Judge - Modify the four month suspension to a 30 day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
VOTE: Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Abstained)
A-7 HELANE NANNARELLO
Helane Nannarello, Clerk Typist, Monmouth County, Prosecutor's Office, resignation not in good standing effective November 23, 1998, on charges of abandonment of position as a result of absences from duty for five or more consecutive business days without approval, and inability to perform duty.
Recommendation of the Administrative Law Judge - Modify the resignation not in good standing to a resignation in good standing.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-8 GEORGE EDWIN PHILLIPS
George Edwin Phillips, Senior Correction Officer, New Jersey State Prison, Department of Corrections, suspension for ten days, on charges of neglect of duty, loafing, idleness or willful failure to devote attention to tasks which could result in danger to persons or property.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-9 KATHY QUITO
Kathy Quito, Clerk Typist, Carteret Borough Library, layoff effective February 12, 1999, for reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Uphold the layoff.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-10 PEDRO RUIZ
Pedro Ruiz, Carpenter, New Jersey City University, suspension for ten days, on charges of leaving the scene of an accident and failure to follow established University procedures.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-11 YVONNE BURGESS
Yvonne Burgess, Clinical Specialist, Psychiatric Nursing, Department of Human Services, removal effective May 6, 1998, on charges of physical abuse of a resident and misuse of authority.
Recommendation of the Administrative Law Judge - Modify the removal to a six month suspension.
ACTION: The Merit System Board directed that this matter be held over.
A-12 PATRICIA FUDGE
Patricia Fudge, Food Service Worker, Woodbridge Developmental Center, Department of Human Services, removal effective August 25, 1998, on charges of chronic or excessive absenteeism from work without pay.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-13 TWANNA HARRIS
Twanna Harris, Senior Food Service Handler, North Jersey Developmental Center, Department of Human Services, removal effective April 15, 1998, on charges of conviction of a crime.
Recommendation of the Administrative Law Judge - Dismiss the appeal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-14 JENNIFER JONES
Jennifer Jones, County Correction Officer, Burlington County Jail, Burlington County, removal effective June 26, 1998, on charges of conduct unbecoming a public employee, and neglect of duty.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge and reversed the removal.
A-15 PHILLIP MONTGOMERY
Phillip Montgomery, Senior Data Entry Machine Operator, Department of the Treasury, removal effective July 10, 1998, on charges of insubordination, chronic and excessive absenteeism, unauthorized absences; failure to adhere to established procedures for reporting absences from work; failure to adhere to established procedures for documenting absences from work; and violation of terms and conditions set forth in a settlement agreement dated September 10, 1997.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-16 THOMAS WALLACE
Thomas Wallace, Correction Officer, County of Cumberland, removal effective June 5, 1998, on charges of other sufficient causes and resignation not in good standing.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a resignation in good standing.
A-17 ARISTIDES SAMOT
Aristides Samot, Residential Services Worker, Woodbine Developmental Center, Department of Human Services, (1) removal effective December 22, 1997 and (2) resignation not in good standing effective December 22, 1997, on charges of (1) attempted theft of public property and (2) being absent from duty for five or more consecutive days without approval.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-18 HORACE WATSON
Horace Watson, Police Officer, City of East Orange, removal effective June 10, 1997, on charges of insubordination, conduct unbecoming, neglect of duty and failure to perform and for violating the last chance agreement entered into on December 17, 1998.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
VOTE: Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
A-19 JOSEPH WOLINSKI
Joseph Wolinski, Hospital Attendant, Department of Health and Rehabilitation, County of Essex, removal effective March 31, 1998, on charges of incompetency, inefficiency, inability to perform duties, conduct unbecoming a public employee, neglect of duty and violation of a stipulation of settlement.
Recommendation of the Administrative Law Judge - Modify the removal to six, six-month suspensions to run concurrent with each other.
ACTION: The Merit System Board directed that this matter be held over.
A-20 LUCIANO REA
Luciano Rea, Assessing Aide, Assessing Department, Township of Teaneck, layoff effective December 30, 1994, for reasons of economy and efficiency. This matter was scheduled to be heard at the Merit System Board Meeting of November 9, 1999 but was held over to allow PERC to first render a decision.
Recommendation of the Administrative Law Judge - Uphold the layoff.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-21 RALPH CIOFFI
Ralph Cioffi, County Police Lieutenant, Police Department, Hudson County, removal effective September 16, 1996, on charges of conduct unbecoming an officer, performance of duty, conduct toward a subordinate handling of firearms and removing firearm from holster. The Merit System Board at its meeting of October 26, 1999 directed that this matter be held over for a testimony summary.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-22 DONNELL DAVIS
Donnell Davis, Youth Worker, Woodbridge Child Diagnostic and Treatment Center, Department of Human Services, removal effective September 17, 1998, on charges of physical abuse of a resident. The Merit System Board at its meeting of November 9, 1999, directed that this matter be held over for a testimony summary.
Recommendation of the Administrative Law Judge - Modify the removal to a 90 day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-23 LAMONT WALKER
Lamont D. Walker, Supervising Building Maintenance Worker, Department of Buildings and Grounds, Burlington County, (1) suspension for ten days, beginning March 18, 1996 and demotion to the position of Building Maintenance Worker, effective March 11, 1996 and ending at the time the appellant produced a valid driver's license, and (2) removal effective August 5, 1996, on charges of (1) incompetency, inefficiency and failure to perform duties, conduct unbecoming a public employee, neglect of duty and misuse of a county vehicle (driving while on the suspended list) and (2) incompetency, inefficiency and failure to perform duties, chronic or excessive absenteeism and unexcused absences, conduct unbecoming a public employee and neglect of duty. The Merit System Board at its meeting of January 11, 2000, directed that this matter be held over.
Recommendation of the Administrative Law Judge - Uphold the ten day suspension, demotion and removal.
ACTION: The Merit System Board directed that this matter be held over.
SECTION B - MISCELLANEOUS MATTERS
B-1 JOSEPH CARDIN
Joseph Cardin appeals his rejection as a Sheriff's Officer by the County of Hudson and its request to remove his name from the eligible list for Sheriff's Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-2 NICHOLAS CARUSO
Nicholas Caruso, represented by Carl G. Zoecklein, Esq., appeals his rejection as a County Correction Officer candidate by the County of Union and its request to remove his name from the subject eligible list on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-3 ISMAEL MARTINEZ
Ismael Martinez, represented by Luis E. Rivera Castro, Esq., appeals his rejection as a County Correction Officer candidate by the County of Hudson and its request to remove his name from the subject eligible list on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-4 ROBERT L. NICHOLAS
Robert L. Nicholas appeals his rejection as a Juvenile Detention Officer by the County of Essex and its request to remove his name from the eligible list for Juvenile Detention Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-5 KIMBERLY A. KAY
Kimberly A. Kay, represented by Anthony J. Fusco, Esq., and the City of Bayonne petition the Merit System Board to acknowledge the settlement agreement between the parties relating to Ms. Kay's removal from the eligible list for Police Officer, City of Bayonne, due to psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board acknowledged the settlement.
B-6 KENNETH A. CURRY
Kenneth A. Curry, a Senior Correction Officer with Riverfront State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-7 CHARLES R. GREEN
Charles R. Green, a former Correction Lieutenant at the Albert C. Wagner Youth Correctional Facility, Department of Corrections, represented by Mario A. Iaviocoli, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-8 BIANCA LOZADA
Bianca Lozada, an Employment Counselor with the Department of Labor, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-9 GEORGIA MACINDOE
Georgia MacIndoe, a Habilitation Plan Coordinator with Green Brook Regional Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-10 LAVERNE MCRAE
LaVerne McRae, a Senior Therapy Program Assistant with Trenton Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-11 CLARA E. QUINN
Clara E. Quinn, a Cottage Training Technician with Woodbine Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-12 LISA STARSINIC
Lisa Starsinic, a Family Service Specialist 3 with the Division of Youth and Family Services, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-13 FARAMARZ AZIMI
Faramarz Azimi, a Principal Engineer, Transportation with the Department of Transportation (DOT), appeals the determination of the Director of the DOT's Division of Civil Rights and Affirmative Action, stating that the appellant failed to present sufficient evidence to support a finding that the DOT had discriminated against him based on his national origin.
ACTION: The Merit System Board directed that this appeal be denied.
B-14 SANDRA SMITH
Sandra Smith, a Guard with Rowan University, appeals the determination of the University President, which found no basis for her allegation that she had been discriminated against based on her sex or based on a disability.
ACTION: The Merit System Board directed that this appeal be denied.
B-15 ANNIE J. BELIN
Annie J. Belin appeals the decision of Human Resource Information Services which upheld Union County's bypass of the appellant from the June 19, 1997 certification of the Senior Juvenile Detention Officer (PC1061U) eligible list due to an unsatisfactory employment history.
ACTION: The Merit System Board directed that this appeal be denied.
B-16 DONALD L. HAVILAND
Donald L. Haviland, an Unemployment Insurance Clerk at the Department of Labor, appeals the removal of his name from the promotional eligible list for Senior Unemployment Insurance Clerk (PS2720N), Department of Labor, due to an unsatisfactory employment History.
ACTION: The Merit System Board directed that this appeal be denied.
B-17 THOMAS M. HENEL
Thomas M. Henel appeals the request by Union County to remove his name from the Income Maintenance Worker (C0812A) eligible list for medical unfitness to effectively perform the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-18 DANNY LATORRE
Danny Latorre appeals the decision of Human Resource Information Services, which upheld the request by the Department of Corrections to remove the appellant's name from the Correction Officer Recruit (S9999V) eligible list due to an unsatisfactory driving record.
ACTION: The Merit System Board directed that this appeal be denied.
B-19 FRANCISCO MARTINEZ
Francisco Martinez appeals the decision of Human Resource Information Services which upheld the Department of Corrections' request for the removal of the appellant's name from the Correction Officer Recruit (S9999V) eligible list due to an unsatisfactory background check.
ACTION: The Merit System Board directed that this appeal be denied.
B-20 CHARLOTTE MCKINNON
Charlotte McKinnon, represented by Francis X. St. John, Esq., appeals the decision of Human Resource Information Systems which found that the appointing authority had presented a sufficient basis to remove her name from the Sheriff's Officer (C5848L), Mercer County, priority hiring list on the basis of an unsatisfactory background report.
ACTION: The Merit System Board directed that this appeal be denied.
B-21 DORETHA MOLLETT
Doretha Mollett appeals the determination of Human Resource Information Services, which found that the appellant had not been improperly bypassed on the eligible lists for Secretarial Assistant 2 (S1514S) and Principal Clerk Typist (S6585S), Greystone Park Psychiatric Hospital, Department of Human Services.
ACTION: The Merit System Board granted a hearing.
B-22 ELAINE RILEY
Elaine Riley, represented by Larry J. McClure, Esq., appeals the decision of Human Resource Information Systems which removed her name from the special reemployment list for Clerk Typist, Borough of Oakland, due to appellant's failure to respond to a certification notice.
ACTION: The Merit System Board directed that this appeal be denied.
B-23 DORELEENA SAMMONS-POSEY
Doreleena Sammons-Posey, a Research Scientist 1 with the Department of Health and Senior Services, represented by John Seiler, CWA Local 1034, appeals the determination of Human Resource Information Services which upheld the bypass of her name on the Service Director, Department of Health (PS1005H) eligible list.
ACTION: The Merit System Board granted a hearing.
B-24 STEPHEN SCATURRO
Stephen Scaturro appeals the decision of Human Resource Information Systems which found that the appointing authority had presented a sufficient basis to remove his name from the Sheriff's Officer (C1309Z), Ocean County, eligible list on the basis of an unsatisfactory employment record.
ACTION: The Merit System Board directed that this appeal be denied.
B-25 NIPA SHAH
Nipa Shah appeals the decision of Human Resource Information Services which removed the appellant's name from the Cashier (S1762U) list for the Bergen Vicinage, the Judiciary, due to the appellant's non-response to a letter regarding an interview.
ACTION: The Merit System Board directed that this appeal be denied.
B-26 STEPHEN WATSON, SR.
Stephen Watson, Sr., appeals the decision of Human Resource Information Services which upheld the Department of Corrections' request for the removal of the appellant's name from the Correction Officer Recruit (S9999V) eligible list due to an unsatisfactory background check.
ACTION: The Merit System Board directed that this appeal be denied.
B-27 JAMES G. BEST
James G. Best, a Correction Officer Recruit at Bayside State Prison, Department of Corrections, petitions the Merit System Board for interim relief of his removal, effective September 9, 1999, pending the outcome of his hearing at the Office of Administrative Law.
ACTION: The Merit System Board denied the request for interim relief.
B-28 MARIE BRUNOT
Marie Brunot, a Nurse's Aide at the John L. Montgomery Medical Home, Monmouth County, represented by Christopher B. Leitner, Esq., petitions the Merit System Board to reconsider its final decision dismissing her appeal without prejudice based on her failure to pursue.
ACTION: The Merit System Board granted the request for reconsideration and directed that the matter be transmitted to the Office of Administrative Law.
B-29 STEPHEN ERMI
The City of Bordentown, represented by Richard W. Hunt, Esq., requests reconsideration of that part of the decision of the Merit System Board rendered on August 31, 1999, granting Stephen Ermi $111,258.03 for back pay.
ACTION: The Merit System Board denied the request for reconsideration.
B-30 EDMUND EZIAGHIGHALA
Edmund Eziaghighala petitions the Merit System Board to reconsider its final decision dismissing his list removal appeal without prejudice based on his failure to pursue.
ACTION: The Merit System Board denied the request for reconsideration.
B-31 ROSA MENDEZ
Rosa Mendez, a Graduate Nurse with Vineland Developmental Center, Department of Human Services, petitions the Merit System Board for reconsideration of the final administrative decision rendered on June 17, 1999 which denied her request for a hearing in regard to her return to Graduate Nurse, her permanent title, at the end of the working test period as a Head Nurse.
ACTION: The Merit System Board granted the request for reconsideration and directed that the matter be transmitted to the Office of Administrative Law.
B-32 LEENORA SHOUDT
Leenora Shoudt, a Senior Correction Officer at Mountainview Youth Correctional Facility, Department of Corrections, petitions the Merit System Board for reconsideration of the final administrative decision rendered on April 15, 1999, which denied her request for a hearing in regard to her suspension for 30 days on charges.
ACTION: The Merit System Board granted the request for reconsideration and directed that the matter be transmitted to the Office of Administrative Law.
B-33 ASSISTANT DIRECTOR, BUREAU OF NARCOTICS (C0788S), (C6807O), (C6262O) AND (C6322O), ESSEX COUNTY SHERIFF'S OFFICE
The appointing authority requests permission not to make an appointment from the certification for Assistant Director, Bureau of Narcotics (C0788S), (C6087O), C6262O) and (C6322O), Essex County Sheriff's Office.
ACTION: The Merit System Board granted the request but assessed costs.
B-34 ACCOUNTANT (M5683T), ELIZABETH HOUSING AUTHORITY
The appointing authority requests permission not to make an appointment from the certification for Accountant (M5633T), Elizabeth Housing Authority.
ACTION: The Merit System Board granted the request but assessed costs.
B-35 CHARLES WILLIAMS
Charles Williams, a Juvenile Detention Officer with Union County, represented by Daniel J. Zirrith, Esq., petitions the Merit System Board for back pay.
ACTION: The Merit System Board granted the request.
B-36 DERRICK FOSTER
Derrick Foster, a Police Officer with the City of Newark, represented by Bette R. Grayson, Esq., petitions the Merit System Board for back pay and counsel fees in regard to his dismissal from the Newark Police Department.
ACTION: The Merit System Board granted the request for back pay but denied the request for counsel fees.
VOTE: Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-37 ZANE ABEL
Zane Abel, Senior Clerk, Monmouth County Board of Social Services, represented by Steven P. Weissman, Esq., seeks enforcement for the Merit System Board decision rendered on September 16, 1997, granting him back pay and counsel fees.
ACTION: The Merit System Board granted the request in part for enforcement and ordered the appointing authority to pay appellant $32,201.25 in back pay and $8,610 in counsel fees.
B-38 RENE BRADLEY-WILLIAMS
Rene Bradley-Williams appeals the determinations of the Division of Selection Services which found that she did not meet the experience requirements for the open competitive examinations for Affirmative Action Officer (M0779W), Atlantic City, and for Claims Adjudicator 3 Disability Determinations (S0271O), Statewide.
ACTION: The Merit System Board directed that this appeal be denied.
B-39 DEBBIE M. BAJEK
Debbie M. Bajek appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for the promotional examination for Principal Clerk Typist (PM6328A), Woodbridge Township.
ACTION: The Merit System Board directed that this appeal be granted.
B-40 MARVA BRADSHAW, ET AL.
Marva Bradshaw, Daphne Holman and Mary Hull appeal the decision of the Division of Selection Services which found that appellants did not meet the experience requirements for the open competitive examination for Senior Medical Security Officer (S0262O).
ACTION: The Merit System Board directed that these appeals be denied.
B-41 DENNIS A. BROWN
Dennis A. Brown appeals the determination of the Division of Selection Services which found that he did not meet the experience requirement for the promotional examination for Inspector Road Openings (PC3905V), Camden County.
ACTION: The Merit System Board directed that this appeal be denied.
B-42 DARREN BROWN, SR.
Darren Brown, Sr. appeals the decision of the Division of Selection Services which found that he did not meet the experience requirements for the open competitive examination for Principal Custodian (M9150W), Jersey City.
ACTION: The Merit System Board directed that this appeal be denied.
B-43 MARTHA L. BROWN
Martha L. Brown appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Technical Assistant 3 (PS7065U), Department of Treasury.
ACTION: The Merit System Board directed that this appeal be denied.
B-44 STEVE CHLEBOWSKI
Steve Chlebowski appeals the decision of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Supervisor of Buildings and Grounds (PM0210W), Perth Amboy Department of Public Works/Municipal Utilities.
ACTION: The Merit System Board directed that this appeal be granted.
B-45 CELESTINE H. COLLIER
Celestine H. Collier appeals the determination of the Division of Selection Services which found that she did not meet the experience requirement for the promotional examination for Administrative Assistant 1 (PS7363P), Division of Alcoholic Beverage Control, Department of Law and Public Safety.
ACTION: The Merit System Board directed that this appeal be granted.
B-46 LLOYD EUBANKS
Lloyd Eubanks appeals the determination of the Division of Selection Services that he did not possess the required registration in order to be eligible for the open competitive examination for Building Inspector Trainee (M9158W), City of East Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-47 MILDRED FRINK
Mildred Frink appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Principal Data Entry Machine Operator (PS6107I), Department of Corrections.
ACTION: The Merit System Board directed that this appeal be denied.
B-48 PEARL FOX
Pearl Fox appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Housekeeping Supervisor 1 (PS8004K), Hunterdon Developmental Center.
ACTION: The Merit System Board directed that this appeal be denied.
B-49 ELIZABETH R. LACKO-MOHN
Elizabeth R. Lacko-Mohn appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Technician, Management Information Systems (PS7375T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-50 SHEILA Y. MCELVEEN
Sheila Y. McElveen appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Medical Claims Review Clerk (PS6687K), Division of Medical Assistance and Health Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-51 WENDY MCRAE
Wendy McRae appeals the determination of the Division of Selection Services which found that appellant did not meet the requirements for the Technical Assistant 1 Insurance (PS6517L), Department of Banking and Insurance, promotional examination.
ACTION: The Merit System Board directed that this appeal be granted.
B-52 RICHARD P. MILLER
Richard P. Miller appeals the decision of the Division of Selection Services which found that he did not meet the experience requirements for the open competitive examination for Operating Engineer, Heating and Air Conditioning (S0338W).
ACTION: The Merit System Board directed that this appeal be denied.
B-53 DARRYL L. WAYS
Darryl L. Ways appeals the decision of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Equipment Operator (PC0167W), Camden County.
ACTION: The Merit System Board directed that this appeal be denied.
B-54 MARILYN E. MACLEAN
Marilyn E. MacLean appeals her score for the Head Audit Account Clerk (PS5769N), Department of Labor, promotional examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-55 CARMEN MAYS
Carmen Mays appeals the determination of the Division of Selection Services, which found that she failed to achieve a passing score on the written examination for Income Maintenance Aide Bilingual in Spanish and English (C0455O), Passaic County.
ACTION: The Merit System Board directed that this appeal be denied.
B-56 KEVIN P. POLLARD
Kevin P. Pollard appeals his score on the promotional examination for Deputy Police Chief (PM0930U), Hamilton Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-57 MICHAEL V. RUANE
Michael V. Ruane appeals the keyed responses to questions, 21, 30 and 36 of the multiple choice examination for Sheriff's Officer Sergeant (PC0365T), Essex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-58 GEORGE H. BYRD, ET AL.
George H. Byrd, et al. appeal the promotional examinations for the Department of Personnel as follows: George H. Byrd, Joe M. Hill, Colleen A. Kraun, Christina J. Mongon, Kathleen L. Morris, Test Development Specialist I (PS5141C); Christopher J. Morrison, Naa-awa V. Nelson, Test Development Specialist II (PS5435C): Clairrah H. Stowers, Michael M. Szuter, Joel S. Tenenbaum, Test Development Specialist I (PS5141C); and Richard P. Urglavitch, Test Development Specialist II (PS5435C).
ACTION: The Merit System Board directed that these appeals be denied.
B-59 TIMOTHY GEERIN, ET AL.
The following appellants appeal the written examination for Police Lieutenant (various jurisdictions): Timothy Geerin, Peter Nevins, Drew Niekrasz, Vincent Maak, Thomas Murphy and Mark Smith, (PM3825V) Bayonne; Michael Behre and Mark Leonard, (PM3826V) Bloomfield; John Talty and John Bender, (PM3829V) Brick Township; Michael Wallace, (PM3831V) Cinnaminson Township; Robert Kneer, (PM3832V) Fair Lawn; Edward Healy and Bruce Sibel, (PM3834V) Jefferson; Edward Gerasimowicz and Joseph Prettyman, (PM3836V) Lawrence Township; Anthony Caputo, Charles Ratliff, Roberg Regan, Ann Chapman-Scattergood, Michael Bacorn, Leslie Levine and Daniel Destephano, (PM3841V) New Brunswick City; Richard Williams and Joseph Rios, (PM3844V) Passaic; Joseph Esposito, Robert Medwick, Alexis Nieves, Francis McCagh, Gustave Sedeyn, Ibrahim Baycora, Michael Recca, Robert Heerbrandt, William Mott, Paterson; Stephen Skrinak and James Staszah, (PM3846V) Rockaway Township; James Cassidy, Brian Mahoney and Mark Zyla, (PM3848V) Scotch Plains; Steven Librie, (PM3849V) Teaneck; Antonio Ortiz and John Wood, (PM3852V) Winslow Township; John Scricco, (PM3882V) Essex County; Joseph Sypherd, Jeff Weiserth, Timothy Kaighn and William Earle, (PM4025V) Gloucester Township; Dean Didyk, (PM4175V) Elmwood Park; Robert Ronceray and Michael Palardy Jr., (PM4176V) Millburn; Thomas Biczis, (PM4324V) Perth Amboy; Edward Rosellini, (PM44323V) Montville; Thomas DePaul, Daniel Bradley and David Mayer, (PM4482V) Wildwood Crest; and Nicholas Salerno and John Cummins Jr., (PM4483V) South Orange.
ACTION: The Merit System Board directed that these appeals be granted in part.
B-60 GWENDOLYN LEWIS
Gwendolyn Lewis appeals the validity and administration of the open-competitive examination for Affirmative Action Officer (M0779W), Atlantic City.
ACTION: The Merit System Board directed that this appeal be denied.
B-61 DELORES MCFADDEN
Delores McFadden appeals the validity of the open- competitive examination for Senior Vocational Rehabilitation Counselor (S0482A).
ACTION: The Merit System Board directed that this appeal be denied.
B-62 JOSEPH SYPHERD
Joseph Sypherd, represented by Vincenza Leonelli-Spina, Esq., appeals the examination for Police Lieutenant (PM1100U), Gloucester Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-63 RICHARD J. DELANEY AND ANDRE KRAWTSCHENKO
Richard J. Delaney and Andre Krawtschenko petition the Merit System Board for reconsideration of its decision rendered on March 9, 1999 in which the board determined that the tests for the 1994 Project Engineer promotional examinations were identical to the Project Engineer, Surface Design (PS4255T) promotional examination.
ACTION: The Merit System Board denied the request for reconsideration.
B-64 JUVENILE DETENTION OFFICERS, PASSAIC COUNTY
Migdalia Martinez, Willie Seabrooks, Pedro Gonzalez, Carl Ferguson, Ibn Muhammad and Alexis Ortiz, represented by Mario Rivera, Local 1032, CWA, appeal their failure to be appointed from Juvenile Detention Officer open-competitive lists. The Passaic County appointing authority also requests activation of a Juvenile Detention Officer list to effect the permanent appointment of Diary Salas.
ACTION: The Merit System Board directed that this appeal be granted in part.
B-65 CAROL L. BARR, ET AL.
The Director of Human Resources, Department of Labor, behalf of Carol L. Barr, Lynette B. Benton, ant Patricia G. Simmons, requests that these employees' out-of-title work experience be accepted to satisfy the experience requirement for a qualifying examination for Technician Management Information Systems, Department of Labor.
ACTION: The Merit System Board granted the request.
B-66 JOSEPH DE MARCO
Joseph De Marco, an employee of the Administrative Office of the Courts, requests relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit him to exceed the ten day sick leave limit for donation to Joanne Rotondo.
ACTION: The Merit System Board granted the request.
B-67 CHARLES PLUMERI
Charles Plumeri, a Manager, I, Department of Personnel (CSC), claims that he is entitled to special reemployment rights following layoffs effective at the close of business, June 21, 1996.
ACTION: The Merit System Board directed that this appeal be denied.
B-68 N.J.A.C. 4A:6-4.2 AND 4.5 (HRDI)
It is recommended that the reproprosed amendments to N.J.A.C. 4A:6-4.2 and 4.5 (HRDI) be adopted.
ACTION: The Merit System Board adopted the repoproposed amendments.
B-69 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of January 11, 1999, are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of January 11, 1999.
B-70 RACHEL ANN BURRIS
The Superior Court, appellate Division, has remanded for reconsideration the decision of the Merit System Board, rendered on December 8, 1998, awarding counsel fees to Rachel Ann Burris, a Police Officer with the Township of West Orange. This matter was held over from the January 11, 2000 meeting for review by the Attorney General's Office.
ACTION: The Merit System Board granted the request for additional counsel fees in the amount of $1,785.
B-71 CONNIE L. MARSHALL
Connie L. Marshall appeals the determination of the Division of Selection Services, which found that she lacked the required amount of permanent status in a title to which the promotional examination for Secretarial Assistant 3 (Non- Stenographic) (PS7280K), Woodbine Developmental Center, was open.
ACTION: The Merit System Board directed that this appeal be denied.
B-72 NORTH HUDSON REGIONAL FIRE AND RESCUE SERVICE
The North Hudson Regional fire and Rescue Service (NHRFRS), represented by Robert E. Murray, Esq., requests certification of expired and existing eligible lists for Fire Lieutenant (PM4169V) West New York, Battalion Fire Chief (PM1078U) North Bergen, Battalion Fire Chief (PM1082U) Weehawken, Fire Captain (PM2796S) North Bergen, and Fire Lieutenant (PM4805R) Union City.
ACTION: The Merit System Board granted the request to the extent that the lists in question are to be used for appointments within their respective jurisdictions and that certifications are to be used once within the next 30 days.
B-73 DELORES D. CAMPBELL
The Department of Personnel requests acknowledgement and approval of the terms of the attached settlement agreement concerning Delores Campbell's claim of special reemployment rights to the title of Technical Assistant 2, Department of Personnel.
ACTION: The Merit System Board acknowledged the settlement.
B-74 EARLY SETTLEMENTS
Joseph Bowe Rowan University Release at the end of the working test period
Larry J. Clouse, Sr. Mountainview Youth Correctional Facility Department of Corrections 10-day suspension
Anthony Dillard South Woods State Prison Department of Corrections Removal
Benjamin DiPierdominico Hudson County Resignation not in good standing
Robert Williams Department of Human Services Removal
ACTION: The Merit System Board acknowledged the settlements.
There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, February 8, 2000, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
__________________________________ MARGARET E. L. HOWARD PRESIDING BOARD MEMBER
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