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Meeting Minutes of February 8, 2000
Janice Mitchell Mintz, Chairwoman Alan Dexter Bowman Margaret E. L. Howard Judith L. Shaw Leo R. Vartan
A regular meeting of the Merit System Board was held on Tuesday, February 8, 2000, in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz; Merit System Board Members, Alan Dexter Bowman, Margaret E.L. Howard, Judith L. Shaw, and Leo R. Vartan; Andrea Grundfest, Deputy Attorney General; Henry Maurer, Director, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, Janice Mitchell Mintz, Chairwoman, Merit System Board, 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 8, 1999 and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.
All other actions were by unanimous vote unless otherwise specified.
STATE CLASSIFICATION PLAN
The Merit System Board approved the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof.
DATE: January 10, 2000
TO: Janice Mitchell Mintz, Commissioner
Henry S. Maurer, Director Merit System Practices and labor Relations
FROM: Marjorie A. Schwartz, Director Human Resources Management
SUBJECT: Change in the State Compensation Plan
DEPARTMENT OF CORRECTIONS
The Department of Corrections has requested establishment of the following title in order to properly classify a position in the Construction and Management Unit of the Division of Operations.
A review of the current duties and responsibilities of this position revealed that this position is best classified by the Construction Management Specialist 2, but not by the current 40 hour work week version. Since this position works in an environment which is almost entirely NL, we think that for reasons of economy and good classification creation of a NL version of this job classification is warranted.
I recommend approval of this action.
ADDITION OF WORKWEEK
Effective 6/19/99
Construction Management Specialist M28- C Workweek: NL
CONFIDENTIAL APPOINTMENT
The Merit System Board recorded the following Confidential Appointment under N.J.S.A. 11A:3-4(h):
Angela LaSalle appointed as Confidential Secretary, Department of the Treasury, effective January 3, 2000, salary of $57,000.00 per annum.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Cynthia Bodden, Cottage Training Technician, Department of Human Services, Woodbine Developmental Center, suspension.
Harrison Hogue, Security Guard, State Operated School District of the City of Newark, suspension.
Charles E. Jones, Senior Correction Officer, Department of Corrections, New Jersey State Prison, suspension.
Heraclio Rivera, Building Maintenance Worker, Department of Human Services, Vineland Developmental Center, 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:
Norman Alston, Police Officer, City of Camden, removal.
Jan Applebaum, Graphic Artist II, The College of New Jersey, layoff.
James Capers, Maintenance Worker II, Department of Transportation, removal.
John J. Galya, Laborer, County of Middlesex, removal.
William Pigford, Custodial Worker, State Operated School District of the City of Jersey City, removal.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Lawrence Branco Gloucester County, Department of Public Works Removal
In the Matter of Lawrence Colen County of Essex Removal
In the Matter of Jacqueline Coley City of Plainfield Suspension
In the Matter of Lonnie Day North Jersey Development Center Department of Human Services Removal
In the Matter of Kevin Hanley Jersey City Removal
In the Matter of Jennifer D. Towler County of Monmouth, Department of Human Services Resignation Not in Good Standing
In the Matter of Anthony Woods Department of Treasury Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements with the exception of Lawrence Colen, Kevin Hanley, and Jennifer D. Towler.
A-2 MARIE J. BRUNOT
Marie J. Brunot, Nurse's Aide, Health Care Facilities, County of Monmouth, suspension for 30 days, on charges of refusal to work assigned scheduled overtime, leaving facility unauthorized during work shift and insubordination.
Recommendation of the Administrative Law Judge - Modify the 30 day suspension to a 20 day suspension.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to uphold the 30 day suspension.
A-3 JOHN HUNT
John Hunt, Business Manager, Fire Department (District #1), Woodbridge Township, layoff effective May 20, 1996, for reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Uphold the layoff.
ACTION: The Merit System Board directed that this matter be held over.
A-4 KENNETH LITTLE
Kenneth Little, Senior Correction Officer, East Jersey State Prison, Department of Corrections, suspension for 15 days on charges of insubordination and conduct unbecoming a public employee and three (3) removals on charges of chronic or excessive absenteeism or lateness.
Recommendation of the Administrative Law Judge - Acknowledge respondents withdrawal of charges and reinstatement of appellant to position of Senior Correction Officer.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-5 LOUIS PITT
Louis Pitt, Senior Correction Officer, Mountainview Youth Correctional Facility, Department of Corrections, (2) suspensions of ten days each on (1) June 19, 1998 and (2) August 4, 1998, on charges of (1) neglect of duty and (2) being in violation of a rule, regulation, policy, procedure, order or administrative decision.
Recommendation of the Administrative Law Judge - Uphold the two ten day suspensions.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-6 ANITA ROBINSON
Anita Robinson, Senior Correction Officer, Central Reception Assignment Facility, Department of Corrections, suspension for 30 days, on charges of sleeping while on duty.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-7 WAYNE MARK SMITH
Wayne Mark Smith, Police Sergeant, Millville Police Department, suspension for 15 days, on charges of being in violation of the rules and regulations and municipal ordinances of the Millville Police Department.
Recommendation of the Administrative Law Judge - Modify the 15-day suspension to a ten-day suspension.
ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.
A-8 SYLVESTER SWANSON
Sylvester Swanson, Principal Research Analyst (Code Development), Department of Community Affairs, discrimination on the basis of race.
Recommendation of the Administrative Law Judge - Dismiss the appeal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-9 SANDRA BLACK
Sandra Black, Human Services Assistant, Greystone Park Psychiatric Hospital, removal effective February 10, 1998, on charges of sleeping on duty.
Recommendation of the Administrative Law Judge - Modify the removal to a 30 day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-10 GLYNDELL CURRY
Glyndell Curry, Residential Living Specialist, Vineland Developmental Center, Department of Human Services, removal effective June 30, 1997, on a charge which states "serious mistake due to carelessness which would result in danger and/or injury to persons or property."
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-11 KIM DAVIS
Kim Davis, Human Services Technician, Military and Veterans' Affairs, Veterans' Memorial Home at Paramus, removal effective November 6, 1998, on charges of neglect of duty which could result in danger to persons and insubordination; refusal to accept a reasonable order and use of abusive language to a supervisor.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board directed that this matter be held over.
A-12 JEFFREY DESIMONE
Jeffrey DeSimone, Police Officer, Township of Brick, removal effective October 22, 1998, on charges of incompetency, inefficiency or failure to perform duties, inability to perform duties, conduct unbecoming a public employee and neglect of duty.
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-13 TOMMIE FARRIOR
Tommie Farrior, County Correction Sergeant, Burlington County, County Jail, removal effective February 5, 1999, on charges of inefficiency, incompetency, failure to perform duties, conduct unbecoming a public employee, and neglect of duty.
Recommendation of the Administrative Law Judge - Modify the removal to a 30 day suspension.
ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.
A-14 ROBERT JOHNSON
Robert Johnson, Senior Correction Officer, Adult Diagnostic and Treatment Center, Department of Corrections, removal (TBD), on charges of insubordination, intentional disobedience or refusal to accept an order and assaulting or resisting authority, disrespect or use of insulting or abusive language to a supervisor.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a six-month suspension.
A-15 WILEY WHALEY
Wiley Whaley, Senior Medical Security Officer, New Jersey Department of Human Services, removal effective June 3, 1998, on charges of being absent from work as scheduled without permission and without giving proper notice of intended absence.
Recommendation of the Administrative Law Judge - Appellant is not entitled to a hearing before the OAL and petition for hearing is dismissed.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-16 WILLIAM FRANKO
William Franko, Classification Officer 3, Garden State Youth Correctional Facility, Department of Corrections, suspension for 15 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. The Merit System Board at its meeting of November 23, 1999, directed that this matter be held over for a testimony summary.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a five-day suspension.
A-17 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. The Merit System Board at its meeting of February 1, 2000, directed that this matter be held over for further review.
Recommendation of the Administrative Law Judge - Modify the removal to six concurrent six-month suspensions.
ACTION: The Merit System Board directed that this matter be held over.
SECTION B - MISCELLANEOUS MATTERS
B-1 SALVATORE CARAVELLA
Salvatore Caravella, represented by William J. De Marco, Esq., appeals his rejection as a Police Officer candidate by the City of Paterson 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-2 DANIEL FEIN
Daniel Fein appeals his rejection as a Police Officer candidate by the Borough of Fort Lee and its request to remove his name from the eligible list for Police 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-3 RALPH FERRARA
Ralph Ferrara appeals his rejection as a Sheriff's Officer candidate by the County of Essex 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 TIMOTHY F. FLORIO
Timothy F. Florio appeals his rejection as a Police Officer by the City of Paterson and its request to remove his name from the eligible list for Police 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 RICHARD QUINN
Richard Quinn, represented by Stacey B. Rosenberg, Esq., appeals his rejection as a Fire Fighter candidate by the City of Bayonne 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-6 AGUEDA BERMUDEZ
Agueda Bermudez, a Records Technician 2, Motor Vehicles, with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-7 MARIA CARBONE-SONA
Maria Carbone-Sona, a Head Clerk 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-8 JOHN MAZE
John Maze, a Senior Correction Officer with New Jersey 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-9 STEPHEN MCWHERTER
Stephen McWherter, a Correction Sergeant with East Jersey State Prison, Department of Corrections, represented by Scott Schneider, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-10 DIANE RAPPA-BLACKER
Diane Rappa-Blacker, a Family Service Specialist 2 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 matter be held over.
B-11 WALTER SOWUL
Walter Sowul, an Information Systems Technician 2 with the Administrative Office of the Courts, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-12 CHANDRAVADAN B. SHAH
Chandravadan B. Shah appeals the request of the Union County appointing authority to remove his name from the Income Maintenance Worker (C0538O) eligible list based on a claimed inability to communicate effectively in English in order to perform the duties of the position.
ACTION: The Merit System Board granted a hearing.
B-13 JOHN ANSTISS
The City of Newark, represented by Salvador P. Simao, Assistant Corporation Counsel, appeals the decision of Human Resource Information Services which denied its request to remove the name of John Anstiss from the eligible list for Construction Official (M6287O), City of Newark.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-14 JOSEPH P. MONTELEONE
Joseph P. Monteleone, represented by Frederick M. Di Maria, Esq., appeals the decision of the Manager, Public Safety Testing, which found that the appointing authority had presented a sufficient basis to remove his name from the open competitive list for Fire Fighter (M3092X), City of Hackensack on the basis that he failed to meet its residency requirement.
ACTION: The Merit System Board granted a hearing.
B-15 JOINT ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST - CITY OF ORANGE FIRE OFFICERS, LOCAL 210 V. TOWNSHIP OF ORANGE
Administrative Law Judge (ALJ) Ken R. Springer issued an order of consolidation of the Merit System Board and Public Employment Relations Commission matters. Based on this determination, the Merit System Board and the Public Employment Relations Commission developed a joint order affirming the ALJ's order. This joint order is now submitted to the Board for consideration and approval.
ACTION: The Merit System Board adopted the joint order of consolidation.
B-16 NEAL HANSEN
Neal Hansen, represented by Larry S. Loigman, Esq., requests reconsideration of the final administrative decision, In the Matter of Robert Morrell (MSB, decided September 16, 1997), to entertain Mr. Hansen's request for an award of counsel fees.
ACTION: The Merit System Board denied the request for reconsideration.
B-17 WILLIE LOZADA
Hudson County, represented by John A. Smith III, Assistant County Counsel, petitions the Merit System Board for reconsideration of the final decision rendered on October 13, 1999, which granted Willie Lozada back pay from the date of his improper removal, October 20, 1993, to the date of his actual reinstatement, September 21, 1998, as well as seniority and benefits.
ACTION: The Merit System Board denied the request for reconsideration.
B-18 LINDA SKOTAREK
Linda Skotarek, a Head Cottage Training Supervisor at Woodbine Developmental Center, Department of Human Services, represented by Colin M. Page, Esq., petitions the Merit System Board for reconsideration of the final administrative decision rendered September 29, 1998, which found that Skotarek's 30-day suspension was justified.
ACTION: The Merit System Board denied the request for reconsideration.
B-19 ANDRES VIVES RIVERA
Andres Vives Rivera, a Residential Services Worker at Woodbine Developmental Center, Department of Human Services, petitions the Merit System Board for reconsideration of the final administrative decision, rendered September 21, 1999, which found that Rivera was forever barred from public employment.
ACTION: The Merit System Board denied the request for reconsideration.
B-20 WORD PROCESSING OPERATOR (M7329W), CITY OF NEWARK
The City of Newark, requests reconsideration of that part of the decision rendered on September 21, 1999 by the Merit System Board ordering the appointing authority to pay compliance processing costs in the amount of $250.
ACTION: The Merit System Board denied the request for reconsideration.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-21 RICHARD PULTAR
Richard Pultar, a former Fire Protection Inspector with Middletown Township, appeals the decision of Human Resource Management which found that appellant was appointed as a provisional part-time Fire Protection Inspector on January 1, 1995. Appellant also appeals the amount of compensation paid to him upon his termination effective September 26, 1996.
ACTION: The Merit System Board directed that this appeal be denied.
B-22 JAMES D. ZOLLITSCH
James D. Zollitsch, a Chief Ranger 2, Department of Environmental Protection, represented by Joanne M. Christos, New Jersey Law Enforcement Supervisors Association, petitions the Merit System Board for a stay of his three-day suspension and $3,626.50 fine.
ACTION: The Merit System Board directed that this appeal be denied.
B-23 RICHARD MIZERAK
Richard Mizerak, a permanent part-time Laborer with the City of Bordentown (Bordentown), represented by James Logan, Jr., Esq., asks the Merit System Board to reverse Bordentown's decision to reduce his number of days worked from three to two.
ACTION: The Merit System Board denied the request.
B-24 WAYNE ANDERSON
The appeal of Wayne Anderson, a Security Officer at New Jersey City University, of his removal effective June 11, 1998 on charges, was heard by Administrative Law Judge Irene Jones, who rendered her initial decision on December 2, 1999 upholding the removal. At its meeting of January 11, 2000, the Board did not adopt the ALJ's recommendation. Rather, the Board ordered that the appellant be suspended for 90 days. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-25 CECIL COLEMAN
The appeal of Cecil Coleman, County Correction Officer, Sheriff's Office, Monmouth County, concerning his suspension for 30 days beginning November 9, 1998 on charges, was heard by Administrative Law Judge Jeff S. Masin (ALJ), who rendered his initial decision on December 2, 1999. At its meeting on January 11, 2000, the Board accepted the ALJ's recommendation to uphold the 30-day suspension. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-26 FRANK E. FARRELL
The appeal of Frank E. Farrell, Assistant Deputy Public Defender 3, Office of the Public Defender, of the denial of sick leave injury (SLI) benefits, was heard by Administrative Law Judge Walter F. Sullivan (ALJ), who rendered his initial decision on September 30, 1999. At its meeting on January 11, 2000, the Merit System Board (Board) adopted the ALJ's recommendation that SLI benefits be awarded for appellant's absences from July 11 to July 18, 1994. The Board did not adopt the ALJ's recommendation to deny SLI benefits for appellant's half day absences from July 19 until September 12, 1994, except for the weeks of August 8, 1994 and September 5, 1994. Rather, the Board found it appropriate to award SLI benefits for this period. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-27 IBRAHIM GIEGBEFUMWEN
The appeal of Ibrahim Giegbefumwen, a Human Services Assistant at Greystone Park Psychiatric Hospital, Department of Human Services, of his removal effective January 13, 1999, on charges was heard by Administrative Law Judge Thomas R. Vena, who rendered his initial decision on December 8, 1999 upholding the removal. At its meeting on January 11, 2000, the Merit System Board (Board) affirmed the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-28 MICHAEL GORMAN
The appeal of Michael Gorman, Senior Correction Officer, New Jersey State Prison, Department of Corrections, of his 10- day suspension beginning January 26, 1998 on charges, was heard by Administrative Law Judge Robert S. Miller (ALJ), who rendered his initial decision on September 14, 1999 dismissing the charges. At its meeting on January 11, 2000, the Board affirmed the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-29 NAGUIB HANNA
The appeal of Naguib S. Hanna concerning the Department of Environmental Protection's request to remove his name from the eligible list for Assistant Environmental Engineer (S6038O), on the basis of insufficient English language ability to perform the duties of the job, was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on October 25, 1999. At its meeting on January 11, 2000, the Merit System Board did not accept the ALJ's recommendation to have the Department of Personnel conduct an examination of appellant's language proficiency. Rather, the Board ordered that this matter be remanded to the Office of Administrative Law. The proposed decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the decision.
B-30 GEORGE JOHNSON
The appeal of George Johnson, a Human Services Assistant with Ancora Psychiatric Hospital, Department of Human Services, regarding his removal effective October 4, 1996 on charges, was heard by Administrative Law Judge (ALJ) Joseph Lavery, who rendered his initial decision on July 6, 1999, upholding the removal. At its meeting on January 11, 2000, the Board ordered that the matter be remanded to the Office of Administrative Law. The proposed decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the decision.
B-31 GLORIA KILTZ
The appeal of Gloria Klitz, a Cottage Training Technician with New Lisbon Developmental Center, Department of Human Services, regarding her 10-day suspension on charges, was heard by Administrative Law Judge Solomon A. Metzger (ALJ), who rendered his initial decision on October 27, 1999 reversing the 10-day suspension. At its meeting on January 11, 2000, the Board modified the penalty to a three-day suspension. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-32 SANTIAGO MARTINEZ
The appeal of Santiago Martinez, a Maintenance Repairer (Low Pressure License), Perth Amboy Housing Authority, concerning his suspension for 15 days beginning July 28, 1998 and suspension for five days beginning June 1, 1998, both on charges, was heard by Administrative Law Judge Anthony T. Bruno (ALJ), who rendered his initial decision on November 15, 1999. At its meeting on January 11, 2000, the Merit System Board accepted and adopted the Findings of Fact and Conclusions as contained in the attached ALJ's initial decision regarding the 15-day suspension as applied to the charges related to the July 15, 1998 incident only and the ALJ's recommendation to uphold that penalty. However, the Board did not accept the ALJ's Findings of Fact and Conclusions as related to any alleged incident occurring on July 14, 1998. Additionally the Board did not accept the ALJ's recommendation to reduce the five-day suspension to an official reprimand. Rather, the Board concluded that since it has no jurisdiction over the five-day suspension as a minor disciplinary matter, it must stand. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-33 JOSEPH MIKUCKI
The appeal of Joseph Mikucki, Principal Data Processing Programmer, Sheriff's Office, Monmouth County, 60-day suspension on charges, was heard by Administrative Law Judge Walter F. Sullivan (ALJ), who rendered his initial decision on November 19, 1999. At its meeting on January 11, 2000, the Merit System Board did not accept the recommendation of the ALJ to modify the 60-day suspension to a six-month suspension. Rather, the Board concluded that the County's imposition of a 60-day suspension was warranted. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-34 DON L. WILLIAMS
The appeal of Don L. Williams, a Senior Clerk with the Division of Revenue, Department of the Treasury, of his resignation not in good standing and removal on charges, both effective May 8, 1998, was heard by Administrative Law Judge M. Kathleen Duncan (ALJ), who rendered her initial decision on October 8, 1999. At its meeting on January 11, 2000, the Merit System Board did not accept her recommendation to uphold the resignation not in good standing and the removal. Rather, the Board concluded that the resignation not in good standing should be reversed and the removal should be modified to a resignation in good standing. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-35 KEVIN WILSON
The appeal of Kevin Wilson, a Senior Correction Officer with the Department of Corrections, removal effective January 12, 1998 on charges, was heard by Administrative Law Judge Solomon A. Metzger (ALJ), who rendered his initial decision on September 14, 1999 modifying the removal of a 120-day suspension. At its meeting on January 11, 2000, the Merit System Board (Board) affirmed the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-36 PAUL TAMBURELLI
The Superior Court, Appellate Division, has reversed the final decision of the Merit System Board, In the Matter of Paul Tamburelli, rendered September 29, 1998, and remanded the matter for an order upholding Hudson County's removal of Mr. Tamburelli from his position as County Police Lieutenant, and rescinding its prior awards of back pay and counsel fees and inclusion of Mr. Tamburelli's name on the Special Statewide Law Enforcement Listing and other special reemployment lists.
ACTION: The Merit System Board upheld the removal.
B-37 DAVID W. BOWLBY AND RICHARD DEMARCO
David W. Bowlby and Richard DeMarco appeal the determinations of the Division of Selection Services which found that they were not permanent in a title to which the promotional examination for Regional Maintenance Supervisor, Transportation (PS6018T) was open.
ACTION: The Merit System Board directed that this appeal be denied.
B-38 DAVID BOYD
David Boyd appeals the determination of the Division of Selection Services which found that he did not meet the eligibility requirements for the Program Development Specialist (Aging) (C6553W), Essex County open competitive examination.
ACTION: The Merit System Board directed that this appeal be granted.
B-39 JENNIFER DOCHNAL
Jennifer Dochnal appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the open-competitive examination for Superintendent Parks and Forestry 4 (S0347W), Department of Environmental Protection.
ACTION: The Merit System Board directed that this appeal be denied.
B-40 LAURA B. FREYTES
Laura B. Freytes appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for the open competitive examination for Program Analyst (M6582W), City of Paterson.
ACTION: The Merit System Board directed that this appeal be granted.
B-41 WARREN GASKILL
Warren Gaskill appeals the determination of the Division of Selection Services which found that he did not meet the educational requirements for the open competitive examination for Agricultural Resource Specialist 3 (C6568A), Burlington County.
ACTION: The Merit System Board directed that this appeal be denied.
B-42 MONA GIRGIS
Mona Girgis appeals the determination of the Division of Selection Services, which found that the appellant did not meet the experience requirements for the open competitive examination for Assistant Budget Officer (C0513O), Hudson County.
ACTION: The Merit System Board directed that this appeal be denied.
B-43 DANIEL MCKEE
Daniel McKee appeals the decision of the Division of Selection Services which found that he did not possess one year of experience in a title to which the examination was open for the promotional examination for Deputy Police Chief (PM3637V), Trenton.
ACTION: The Merit system Board directed that this appeal be denied.
B-44 EPHRAIM MORRISON
Ephraim Morrison appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the open competitive examination for Infection Control Coordinator (C0729W), Union County.
ACTION: The Merit System Board directed that this appeal be denied.
B-45 JAMES R. PRIMUS
James R. Primus appeals the determination of the Division of Human Resource Management which found that he was ineligible for the promotional examination for Police Records Clerk (PC3504V), Passaic County Sheriff's Department.
ACTION: The Merit System Board directed that this appeal be denied.
B-46 SUSAN M. RUCKMAN
Susan M. Ruckman appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Human Services Coordinator (PC0850A), Mercer County Board of Social Services.
ACTION: The Merit System Board directed that this appeal be granted.
B-47 KATHERINE T. SHIVELY
Katherine T. Shively appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Assistant Personnel Officer (PM0344A), City of Ocean City.
ACTION: The Merit System Board directed that this appeal be granted.
B-48 GLENN E. DIETRICH
Glenn E. Dietrich appeals the determination of the Division of Selection Services concerning his score and ranking on the promotional list for Road Repairer (PC4250V), Camden County
ACTION: The Merit System Board directed that this appeal be denied.
B-49 JOHN MATARESE
John Matarese appeals his score on the Police Sergeant (PM0974W), West Milford promotional examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-50 DONNA LEP
Donna Lep appeals the determination of the Division of Selection Services, which found that she did not meet the residency requirements for the open competitive examination for Motor Vehicle Operator, Elderly and Handicapped Persons (C6496W), Middlesex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-51 SARAH G. BARRETT
The Director, Division of Human Resource Management, on behalf of the Department of Environmental Protection, requests that Sara G. Barrett's out-of-title work be accepted for the promotional examination for Management and Operations Analyst 3 (PS9238G).
ACTION: The Merit System Board directed that this appeal be granted.
B-52 DAVID DELANEY
David Delaney petitions the Merit System Board for reconsideration of the decision rendered on July 19, 1999 which denied his appeal regarding his score on the promotional examination for Fire Captain (PM3621V), Rahway.
ACTION: The Merit System Board denied the request for reconsideration.
B-53 RICHARD DELANEY
Richard Delaney requests reconsideration of the Merit System Board's decision rendered on December 22, 1998 in which appellant's challenge of his disqualification from the Project Manager, Transportation (PS3550T) examination which was denied.
ACTION: The Merit System Board denied the request for reconsideration.
B-54 FRANK MAXWELL
D. Craig Stevens, Director, Division of Human Resources, Department of Environmental Protection, requests reconsideration of a decision rendered by the Merit System Board on August 31, 1999 transferring the performance evaluation appeal of Frank Maxwell, Engineering Technician 5, to the Office of Administrative Law for a de novo hearing.
ACTION: The Merit System Board denied the request for reconsideration.
B-55 WILFORD SMITH
The appeal of Wilford Smith, Director of Custody Operations with New Jersey State Prison, Department of Corrections, of his 45-day suspension on charges was heard by Administrative Law Judge Anthony T. Bruno (ALJ), who rendered his initial decision on September 29, 1999. At its meeting on November 23, 1999, the Merit System Board did not accept the ALJ's recommendation to uphold the 45-day suspension. Rather, the Board concluded that a suspension of 15 days was warranted. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Abstained) Leo Vartan (Yes)
B-56 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of February 1, 2000, are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of February 1, 2000
VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-57 EARLY SETTLEMENTS
Christina Aiken Department of Treasury Division of Revenue Removal
Stanley DeVore Department of Military and Veterans Affairs 20-day suspension
Dorine Dixon City of Trenton Layoff
George Lieber City of Trenton 15-day suspension
Frederick J. Nuttall, Jr. New Jersey Training School for Boys Jamesburg - Juvenile Justice Commission 10-day suspension
Larry Tarver City of Trenton 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 Wednesday, February 23, 2000, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
__________________________________ JANICE MITCHELL MINTZ CHAIRWOMAN MERIT SYSTEM BOARD |
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© State of New Jersey Civil Service Commission |
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