Lewis A. Scheindlin, Acting Chairman 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, July 11, 2000, in Trenton, New Jersey.
PRESENT: Acting Chairman Lewis A. Scheindlin, 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, Acting Chairman Lewis A. Scheindlin, 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.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
John Dupuis, County Correction Officer, County of Morris, suspension.
Noe Mestre, Motor Vehicle Operator, County of Hudson, resignation not in good standing.
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:
Carolyn Dominick, Intermittent Labor Services Worker, Department of Labor, release at the end of the working test period.
Monique Fossie, Head Cook III, Department of Corrections, Garden State Correctional Facility, resignation not in good standing.
Laura Hale, Cottage Training Technician, Department of Human Services, Hunterdon Developmental Center, removal.
Trisha McGrath, Senior Clerk Typist, Department of Human Services, Woodbine Developmental Center, removal and resignation not in good standing.
James Meggett, Custodial Worker, School District of the City of Jersey City, removal.
Rebecca Schafer, Human Services Assistant, Department of Human Services, Vineland Developmental Center, release at the end of the working test period.
James E. Wilson, Senior Correction Officer, Department of Corrections, New Jersey State Prison, suspension.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Juanita Frazier City of Newark School District Suspension
In the Matter of Peter Sandy County of Burlington, Juvenile Detention Center Suspension
In the Matter of Daniel Ward Department of Transportation Indefinite Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements.
A-2 WILLIAM ATKINSON
William Atkinson, Police Officer, Borough of West Paterson, suspension for 12 days, on charges of neglect of duty.
Recommendation of the Administrative Law Judge - Reverse the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Abstained) Judith L. Shaw (No) Leo Vartan (Yes)
A-3 MICHAEL P. BERRY
Michael P. Berry, Maintenance Repairer, Atlantic City Housing Authority, suspension for 10 days, on charges of insubordination, neglect of duty and failure to perform on call duty as directed for two months in a row.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-4 WILLIAM CAPRA
William Capra, Lieutenant, City of Newark Police Department, suspension for ten days, on charges of neglect of duty.
Recommendation of the Administrative Law Judge - Reverse the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
A-5 FERNANDO DEL VALLE
Fernando Del Valle, Senior Correction Officer, New Jersey Training School for Boys, Department of Law and Public Safety, (1) suspension for 60 days and (2) removal effective September 8, 1998, on charges of conduct unbecoming a public employee and insubordination.
Recommendation of the Administrative Law Judge - Uphold the 60-day suspension and modify the removal to a six-month suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge to uphold the 60- day suspension but modified the recommendation of the Administrative Law Judge to uphold the removal.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (No) Margaret E. L. Howard (Abstained) Judith L. Shaw (Yes) Leo Vartan (Yes)
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 matter of A-6 George Johnson and A-9 John Gamba, Jr. The Board subsequently reconvened the public meeting.
A-6 GEORGE JOHNSON
George Johnson, Police Officer, Police Department, Deptford Township appeals his bypass for appointment from the Police Sergeant (PM4746P), Township of Deptford eligible list.
Recommendation of the Administrative Law Judge - Uphold the Township's bypass of the appellant for appointment.
ACTION: The Merit System Board directed that this matter be held over.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (No) Leo Vartan (Yes)
A-7 LONNIE WHITFIELD
Lonnie Whitfield, Senior Correction Officer, Central Reception and Assignment Facility, suspension for 15 days, on charges of discrimination that affects equal employment opportunity, including sexual harassment.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-8 WALTER BETHUNE
Walter Bethune, Human Services Technician, Ancora Psychiatric Hospital, Department of Human Services, removal effective April 12, 1999, on charges of insubordination: resisting authority.
Recommendation of the Administrative Law Judge - Modify the removal to a six month suspension.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to uphold the removal.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (No) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
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 matter of A-9 John Gamba, Jr. The Board subsequently reconvened the public meeting.
A-9 JOHN GAMBA, JR., (REMAND)
John Gamba, Jr., Fire Chief, City of Orange Fire Department, removal effective December 4, 1990, on charges of failing to seek and or obtain a leave of absence from his title in the career service upon his appointment to an unclassified position.
Recommendation of the Administrative Law Judge - Reinstate appellant as Fire Chief effective July 1, 1996.
ACTION: The Merit System Board directed that this matter be held over.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
A-10 SONDI HILL
Sondi Hill, Senior Data Entry Machine Operator, Administrative Office of the Courts, removal effective October 5, 1998, on charges of chronic or excessive absenteeism and lateness in excess of 15 minutes.
Recommendation of the Administrative Law Judge - Modify the removal to a six month suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-11 DONALD KRULEWICZ - SETTLEMENT
Initial demotion to the position of Investigator I, Taxation effective January 30, 1999, on charges of incompetency, inefficiency, or failure to perform duties, conduct unbecoming a public employee and violation of the department's policy on workplace violence; engaging in behavior which created a hostile and menacing work environment; intimidation of subordinate employee; disruption of the workplace; impeding the effective delivery of services. Settled to the respondent reinstating appellant to the title of Supervising Investigator and appellant agrees to accept a six-month suspension for record purposes only. The Merit System Board at its meeting of June 20, 2000, directed that this matter be held over.
Recommendation of the Administrative Law Judge - Acknowledge the settlement.
ACTION: The Merit System Board acknowledged the settlement.
A-12 JOHN ERIC COUCH
John Eric Couch, Senior Investigator, Office of the Public Defender, removal effective July 1, 1999, on charges of incompetency, inefficiency or failure to perform, insubordination, inability to perform duties and chronic or excessive absenteeism or lateness. The Merit System Board at its meeting of June 6, 2000, directed that this matter be held over.
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.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Abstained) Judith L. Shaw (No) Leo Vartan (Yes)
SECTION B - MISCELLANEOUS MATTERS
B-1 JOHN BLAKE
John Blake appeals his rejection as a Police Officer candidate by the City of Gloucester 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 JEFFREY J. BRACKEN
Jeffrey J. Bracken, represented by George G. Frino, Esq., appeals his rejection as a Police Officer candidate by the City of Clifton 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 MICHAEL COSGROVE
Michael Cosgrove, represented by Edward C. Bertucio, Jr., Esq., appeals his rejection as a County Correction Officer candidate by the County of Monmouth 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 JEFFREY DAVIS
Jeffrey Davis, represented by John W. Jones, Esq., appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections 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-5 MICHAEL HOWE
Michael Howe, represented by Bruce D. Leder, 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-6 DAVID JONES
David Jones appeals his rejection as a Juvenile Detention Officer by the County of Union 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-7 BRENDAN JOY
Brendan Joy, represented by Otto J. Scerbo, Esq., appeals his rejection as a Sheriff's 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 referred the matter for independent evaluation.
B-8 SEAN LINK
Sean Link, represented by Frank E. Tournour, Esq., appeals his rejection as a County Correction Officer by the County of Middesex and its request to remove his name from the eligible list for County Correction 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-9 ALAIN REYES
Alain Reyes appeals his rejection as a Police Officer candidate by the City of Elizabeth and its request to remove his name from the subject list on the basis of psychological unfitness to perform the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-10 KIYAM ROYSTER
Kiyam Royster 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-11 JEFFREY SPENGLER
Jeffrey Spengler appeals his rejection as a Police Officer 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-12 JOHNNY YOUNG
Johnny Young, represented by Philip Feintuch, Esq., appeals his rejection as a County correction Officer by the County of Hudson and its request to remove his name from the eligible list for County Correction 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-13 RYAN T. MATTEK
Ryan T. Mattek appeals the request by the Department of Corrections to remove his name from the Correction Officer Recruit (S9999A) 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-14 BONNIE ASHBURN
Bonnie Ashburn, a Human Services Technician 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 denied.
B-15 DAVID BOKOR
David Bokor, a Nurse Practitioner at North Jersey 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 granted.
B-16 MICHAEL J. BUCCINNA
Michael J. Buccinna, a former Behavior Modification Program Technician at Woodbine Developmental Center, Department of Human Services, represented by Howard J. Heald, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-17 LINDA FLETCHER
Linda Fletcher, a former Compliance Officer 1, Code Enforcement with the Department of Community Affairs, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-18 DOMINICK DIPOTO
Dominick DiPoto, Engineering Technician 1 with the Department of Environmental Protection, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this matter be held over.
B-19 JAMIE JACONETTA
Jamie Jaconetta, a Repairer with William Paterson University, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-20 BRUCE W. SAPP
Bruce W. Sapp, a Correction Sergeant at Northern 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-21 RONALD TUCKER
Ronald Tucker, a Senior Correction Officer at Northern State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-22 GAYLE REED
Gayle Reed, a Human Services Technician at 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 denied.
B-23 KELLIE WHITE-DESHONG
Kellie White-DeShong, a Records Technician 2, Motor Vehicles with the Department of Transportation, represented by Victoria Carson, Staff Representative, CWA Local 1037, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-24 DIANE CROOM
Diane Croom, a Senior Correction Officer at the Mountainview Youth Correctional Facility, Department of Corrections (DOC), appeals the determination of the Director of the Equal Employment Division with the DOC, stating that the appellant failed to present sufficient evidence to support a finding of probable cause that she had been discriminated against based on her race or in retaliation for filing prior discrimination complaints.
ACTION: The Merit System Board directed that this appeal be denied.
B-25 ALFREDA ROGERS
Alfreda Rogers a Program Coordinator, Mental Health with Greystone Park Psychiatric Hospital, Department of Human Services (DHS), appeals the determination of DHS which found that no probable cause existed to support her allegation of retaliation for filing a discrimination complaint.
ACTION: The Merit System Board directed that this appeal be denied.
B-26 SHARON MCLEAN-JAMES
Sharon McLean-James, a Senior Correction Officer at New Jersey State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division, with the DOC, stating that the appellant failed to present sufficient evidence to support a finding of probable cause that she had been sexually harassed or retaliated against based on her disclosure of alleged improprieties.
ACTION: The Merit System Board directed that this appeal be denied.
B-27 HAROLD J. YOUNG
The Division of Youth and Family Services and Harold J. Young request acknowledgement and approval of the terms of the attached settlement agreement.
ACTION: The Merit System Board granted the request.
B-28 SANTIAGO ZAYAS
Santiago Zayas, an Inspector, Multiple Dwelling, with the Department of Community Affairs, requests a hearing on his 30-day suspension on charges.
ACTION: The Merit System Board denied the request for a hearing.
B-29 KURT ANDREWS
Kurt Andrews, represented by Michael Gogal, Esq., appeals his resignation in good standing from his position with the Department of Corrections.
ACTION: The Merit System Board granted a hearing.
B-30 ANTHONY CASTELLANO
Anthony Castellano, represented by Joseph J. Fusella, Esq., appeals the decision of Human Resource Information Services which found that the City of Newark had presented a sufficient basis to remove his name from the Police Officer (M3394Y) eligible list on the basis that appellant possessed unsatisfactory driving and criminal records.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-31 WARDELL MAHONE
Wardell Mahone appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove his name from the Priority Hiring List for Police Officer (M3382X), City of Jersey City, on the basis of falsification of his employment application.
ACTION: The Merit System Board directed that this appeal be denied.
B-32 GERMAN NARANJO
German Naranjo appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove his name from the Correction Officer Recruit (S9999V) eligible list on the basis of an unsatisfactory employment record.
ACTION: The Merit System Board granted a hearing.
B-33 MAHMOUD RABBOH
Mahmoud Rabboh, represented by Arlindo B. Araujo, Esq., appeals the decision of Selection Services which denied his appeal of the bypass of his name on the Police Officer (M4291M), City of Paterson eligible list as untimely.
ACTION: The Merit System Board directed that this appeal be denied.
B-34 MICHAEL WUNDERLICH
Michael Wunderlich 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 County Police Officer (C1098T), Bergen County eligible list on the bases that appellant falsified his application and possessed adverse criminal and driving records.
ACTION: The Merit System Board directed that this appeal be denied.
B-35 SCOTT DEGISI
The appointing authority for the Township of Berkeley requests revival of the eligible list for Police Officer (M0341M) to implement settlement of the appeal of Scott DeGisi.
ACTION: The Merit System Board directed that the eligible list for Police Officer (M0341M), Berkeley Township be revived and acknowledged the settlement.
B-36 SYLVIA L. COLE
Sylvia L. Cole petitions the Merit System Board for reconsideration of the January 11, 2000 final administrative decision upholding her removal from the Camden County Sheriff's Office.
ACTION: The Merit System Board denied the request for reconsideration.
B-37 JUDITH MAYHEW
Judith Mayhew, a Librarian I with the Department of Corrections, represented by Robert O. Yaeger, Principal Staff Representative, CWA Local 1040, and the Department of Corrections, represented by Sonia M. Frontera, DAG, petition the Merit System Board (Board) for reconsideration of its final administrative decision rendered on March 21, 2000, in which the Board directed that the appellant's appeal be withdrawn and the case be removed from the hearing calendar.
ACTION: The Merit System Board granted the request and directed that the Board's action recording the appeal as withdrawn be rescinded and the settlement be acknowledged.
B-38 MIRIAM ROGERS-EVERETT
The Department of Corrections petitions the Merit System Board for reconsideration of its final decision, rendered September 10, 1998, which awarded sick leave injury (SLI) benefits to Meriam Rogers-Everett, a Teacher 1 with the Garden State Reception and Youth Correctional Facility.
ACTION: The Merit System Board denied the request for reconsideration.
B-39 WALTER WALKER
The Department of Corrections requests reconsideration of the Merit System Board decision of October 13, 1999, granting Walter Walker $65,384.09 in back pay. This matter was held over from the May 9, 2000 Board meeting for further review.
ACTION: The Merit System Board granted the request for reconsideration and ordered the appointing authority to pay the appellant $20,276.49.
B-40 CLERK (SPECIAL REEMPLOYMENT LIST), CITY OF ORANGE
The appointing authority's failure to properly dispose of the certification for Clerk while a provisional appointee is serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing authority to remove the provisional appointee, make an appointment from the certification and pay compliance costs.
B-41 TRUCK DRIVER (M9241A), NEWARK SCHOOL DISTRICT
The appointing authority's failure to properly dispose of the certification for Truck Driver while provisional appointees are serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing authority to remove the provisional appointees, make an appointment from the certification and pay compliance costs.
B-42 COORDINATOR FEDERAL AND STATE AID (C0458O), ESSEX COUNTY
The appointing authority requests permission not to make an appointment from the certification for Coordinator, Federal and State Aid (C0458O), Essex County.
ACTION: The Merit System Board denied the request and assessed $1,000 in compliance costs.
B-43 OFFICE SERVICES MANAGER (M0383O) & (M0907A), CITY OF NEWARK
The appointing authority requests permission not to make an appointment from the certification for Office Services Manager (M0383O) & (M0907A), City of Newark.
ACTION: The Merit System Board granted the request and assessed no costs.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-44 MICHAEL HAYES
Michael Hayes, a Senior Correction Officer with the Department of Corrections, requests enforcement of that part of the Merit System Board decisions rendered on September 10, 1998 and December 22, 1998, granting him back pay and benefits.
ACTION: The Merit System Board directed that this appeal be granted in part and ordered the appointing authority to pay back pay in the amount of $60,331.74.
B-45 BERNADETTE ROSADO
Bernadette Rosado, a principal Clerk Transcriber with the Division of Developmental Disabilities, State Department of Human Services, represented by Steven P. Weissman, Esq., requests enforcement of that part of the Merit System Board decision rendered on July 21, 1998, granting her counsel fees.
ACTION: The Merit System Board directed that this matter be held over.
B-46 TONI STREET
Toni Street, a Cook at Vineland Developmental Center, Department of Human Services, represented by Stephan Siegel, Esq., requests enforcement of that part of the Merit System Board decision rendered on October 22, 1996, granting her back pay.
ACTION: The Merit System Board granted the request and ordered the appointing authority to pay the appellant $15,095.77 in back pay.
B-47 NORMAN GOLDSBERRY
The Superior Court, Appellate Division has remanded the decision of the Merit System Board in In the Matter of Norman Goldsberry (MSB, decided September 3, 1997), aff'd in part and remanded in part, Docket No. A-1466-97T2 (App. Div. December 8, 1999), for a determination as to whether appellant is entitled to back pay. This matter was held over from the May 23, 2000 Board meeting for further review.
ACTION: The Merit System Board denied the request for back pay.
B-48 ROBERT SCOULER
The Superior Court, Appellate Division, has reversed the final decision of the Merit System Board, In the Matter of Robert Scouler, rendered January 26, 1999, and remanded the matter for a hearing on the merits of Mr. Scouler's 30-day disciplinary suspension.
ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.
B-49 NASHID BEN ABDUL WASI (REGINALD WILLIAMS)
Nashid Ben Abdul Wasi (Reginald Williams), a County Correction Officer with the Essex County Department of Public Safety, represented by Anthony J. Fusco, Jr., Esq., requests back pay based on the action of the Essex County Department of Public Safety in improperly suspending him from his position as a County Correction Officer from September 16, 1996 until May 5, 1997. This matter was held over from the May 9, 2000 Board meeting for further review.
ACTION: The Merit System Board denied the request for additional back pay.
B-50 DEAN GRANGER
The appeal of Dean Granger, a Building Maintenance Worker with Camden County, of his removal effective March 24, 1999 on charges, was heard by Administrative Law Judge Joseph F. Martone (ALJ), who rendered his initial decision on May 18, 2000, dismissing the appeal and awarding counsel fees to the appointing authority. At is meeting on June 20, 2000, the Board adopted the recommendation of the ALJ that the appeal be dismissed but modified the award of counsel fees. The proposed decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-51 WAYNE MARK SMITH
The appeal of Wayne Mark Smith, a Police Sergeant with the Millville, Police Department, of his 15-day suspension on charges, was heard by Administrative Law Judge Jeff S. Masin (ALJ) who rendered his initial decision on May 8, 2000. At its meeting on June 20, 2000, the merit System Board did not adopt the ALJ's recommendation to modify the penalty to a 10- day suspension. Rather, the Board upheld the 15-day suspension. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-52 VALORIE EALY
Valorie Ealy, a former Principal Clerk Typist with the Department of Law and Public Safety, represented by Jesse J. Averhart, Executive Vice President, CWA Local 1033, requests reconsideration of the Merit System Board's decision in In the Matter of Valorie Ealy (MSB, decided March 7, 2000).
ACTION: The Merit System Board denied the request for reconsideration.
B-53 MICHAEL BOYETTE
The appeal of Michael Boyette, a County Correction Officer with the Monmouth County Sheriff, of his 20-day suspension on charges, was heard by Administrative Law Judge Anthony T. Bruno (ALJ), who rendered his initial decision on April 19, 2000. At its meeting on June 6, 2000, the Merit System Board did not accept the ALJ's recommendation to reverse the suspension. 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-54 CORNELIUS ADAMS
Cornelius Adams appeals the determination of the Division of Selection services which found that he did not meet the education, experience and licensing requirements for the open competitive examination for Regional Pharmaceutical Consultant (S9002O).
ACTION: The Merit System Board directed that this appeal be denied.
B-55 ROBERT M. ALEXANDER
Robert M. Alexander appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Assistant Supervisor Public Works (PM0354A), Teaneck.
ACTION: The Merit System Board directed that this appeal be granted.
B-56 KEVIN ARAHILL
Kevin Arahill appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Assistant Supervisor Public Works (PM0354A) Teaneck. It is noted that this matter was held over from the Board's June 20, 2000 meeting.
ACTION: The Merit System Board directed that this appeal be granted.
B-57 DENISE BELL
Denise Bell appeals the determination of the Division of Selection Services which found that she did not meet the education requirements for the open competitive examination for Insurance Analyst Trainee (S0468A).
ACTION: The Merit System Board directed that this appeal be denied.
B-58 KEITH BLAKE
Keith Blake appeals the determination of the Division of Selection Services which found that he did not meet the residency requirements for the open competitive examination for Social Worker (C1198B), Morris County.
ACTION: The Merit System Board directed that this appeal be denied.
B-59 ANGELA BRAY
Angela Bray appeals the determination of the Division of Selection Services, which found that she did not meet the education and experience requirements for the promotional examination for Instructional Materials Technician (PS8123F), Department of Education.
ACTION: The Merit System Board directed that this appeal be granted.
B-60 PORTER B. CALDWELL
Porter B. Caldwell appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Truck Driver (PM0321A), Mount Laurel Township.
ACTION: The Merit System Board directed that this appeal be granted.
B-61 STEVEN A. CHASE
Steven A. Chase appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Assistant Supervisor Public Works (PM0354A), Teaneck.
ACTION: The Merit System Board directed that this appeal be denied.
B-62 JOHN CHULSKY
John Chulsky 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 Sanitation Driver (M9106O), Long Branch.
ACTION: The Merit System Board directed that this appeal be denied.
B-63 COUNTY CORRECTION CAPTAIN (PC1003W), HUDSON COUNTY
Pedro Arroyo, Jose Monanez, Kelvin Roberts, and Richard Roles, represented by Vincenza Leonelli-Spina, Esq., appeal their ineligibility for the promotional examination for County Correction Captain, (PC1003W) Hudson County.
ACTION: The Merit System Board directed that this appeal be granted.
B-64 DAISY CRUZ
Daisy Cruz appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Legal Secretary 2 (PS7817Q), Office of the Public Defender.
ACTION: The Merit System Board directed that this appeal be granted.
B-65 SHIRLEY DOUGLAS AND CAROL RANDALL
Shirley Douglas and Carol Randall appeal the determination of the Division of Selection Services which found that they did not meet the education requirements for the open competitive examination for Youth Group Worker (C0987A), Bergen County.
ACTION: The Merit System Board directed that these appeals be denied.
B-66 MICHAEL FLORA
Michael Flora appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Investigator 2 (PC0853A), Morris County Municipal Utilities Authority.
ACTION: The Merit System Board directed that this appeal be granted.
B-67 DARYL FRANCIS
Daryl Francis 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 Senior Community Relations Specialist (M0413O) City of Newark.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-68 STEVEN JOHNSON
Steven Johnson appeals the determination of the Division of Selection Services, which found that he did not meet the educational and experience requirements for the title of Recreation Supervisor (M0909A), East Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-69 JOYCE C. KOVACS
Joyce C. Kovacs appeals the determination of the Division of Human Resource Management, which found that she was ineligible for the promotional examination for Senior Records Retrieval Operator (PC0144A), Bergen County.
ACTION: The Merit System Board directed that this appeal be denied.
B-70 LINDA J. DUNN-LANDOLFI
Linda J. Dunn-Landolfi 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 Director of Finance (PM0525A), Newark.
ACTION: The Merit System Board directed that this appeal be granted.
B-71 RUSSELL MACKEL
Russell Mackel appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Management Specialist (PM1876W), Willingboro Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-72 MARISOL OCASIO
Marisol Ocasio appeals the determination of the Division of Human Resource Management, which found that she was ineligible for the promotional examination for Community Organization Specialist (PM2308A), City of Camden.
ACTION: The Merit System Board directed that this appeal be denied.
B-73 GRETA M. ONTELL
Greta M. Ontell 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 Personnel Assistant 4, (S0529B).
ACTION: The Merit System Board directed that this appeal be granted.
B-74 HERODIA PAGAN
Herodia Pagan 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 Social Worker Bilingual in Spanish and English (C04950), Passaic County.
ACTION: The Merit System Board directed that this appeal be denied.
B-75 RICHARD T. PATRICIA
Denis Fishburn, Personnel Assistant, Senator Garrett W. Hagedorn Center for Geriatrics, on behalf of Richard T. Patricia, appeals the determination of the Division of Selection Services which found that Mr. Patricia did not meet the experience requirements for the examination for Truck Driver Single Axle (PS8001K), Senator Garrett W. Hagedorn Center for Geriatrics.
ACTION: The Merit System Board directed that this appeal be granted.
B-76 DELLIS PEARCE
Dellis Pearce 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 Senior Tree Climber (C6682A), Mercer County.
ACTION: The Merit System Board directed that this appeal be denied.
B-77 CARRIE REED
Carrie Reed appeals the decision of the Division of Human Resource Management which found that she was not permanent in a title to which the examination was open for Police Lieutenant (PM2599A), Newark.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-78 HARINDER P. SINGH
Harinder P. Singh appeals the determination of the Division of Selection Services which found that he was ineligible for the open competitive examination for Head Cook 1 (S6080O), State of New Jersey.
ACTION: The Merit System Board directed that this appeal be denied.
B-79 JAMES TIGNER
James Tigner appeals the determination of the Division of Selection Services which found that he did not meet the experience requirement for the promotional examination for Senior Traffic Maintenance Worker (PC0476A), Middlesex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-80 USHA YADAV
Usha Yadav appeals the determination of the Division of Selection Services, which found that she did not meet the educational requirements for the open competitive examination for Microbiologist 5 (S0274O).
ACTION: The Merit System Board directed that this appeal be denied.
B-81 GLENN CAMUSO
Glenn Camuso appeals his score for the examination for Police Captain (PM3561A), Newark.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-82 LAWRENCE E. DEPALMA, ET AL.
Lawrence E. DePalma, James T. Durkin, Edward P. Fichot, Edwin W. Hanle, and Edward P. Paluski appeal their scores on the Assistant Supervising Mechanic (PC0185A), Ocean County examination.
ACTION: The Merit System Board directed that these appeals be denied.
B-83 ELBA GARNIER-DAIUTO
Elba Garnier-Daiuto, represented by Arnold Lakind, Esq., appeals the decision of the Division of Selection Services denying her request for a make-up examination for Police Sergeant (PM2528A), Jersey City.
ACTION: The Merit System Board directed that this appeal be granted.
B-84 MICHAEL MALONE
Michael Malone appeals the decision of the Division of Selection Services which found that he did not present a valid basis to take a make-up examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-85 HATHA BARAKA, ET AL.
Hatha Baraka, Anthony Bonamo, Kenneth Killeen and Stephen Mahler appeal the validity of the examination for Correction Lieutenant (PS6320I), Department of Corrections.
ACTION: The Merit System Board directed that these appeals be denied.
B-86 WILLIAM DANNER
William Danner appeals the validity of the examination for Police Lieutenant (PM2605A), Plainfield.
ACTION: The Merit System Board directed that this appeal be denied.
B-87 RICHARD SADLER
Richard Sadler appeals the validity and scoring of the written examination for Correction Sergeant (PS7099I), Department of Corrections.
ACTION: The Merit System Board directed that this appeal be denied.
B-88 MICHAEL AHART, ET AL.
Michael Ahart, Edwin Gomez, and Frank Passantino, Jr. appeal the administration of the examination for Police Sergeant (PC2565A), Long Branch City.
ACTION: The Merit System Board directed that these appeals be denied.
B-89 NICHOLAS ARDITO
Nicholas Ardito appeals the administration of the examination for Police Sergeant (PM2547A), Union Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-90 BRIAN DETARANTO
Brian Detaranto appeals the administration of the examination for Police Sergeant (PM2539A), Parsippany-Troy Hills.
ACTION: The Merit System Board directed that this appeal be denied.
B-91 CARMEN GAGLIANO
Carmen Gagliano appeals the administration of the examination for Police Sergeant (PM2556A), Asbury Park City.
ACTION: The Merit System Board directed that this appeal be denied.
B-92 BARRY KAPLAN
Barry Kaplan appeals the administration of the examination for County Police Sergeant (PM2624A), Union County.
ACTION: The Merit System Board directed that this appeal be denied.
B-93 ALAN KUHN AND JAMES MACKINTOSH
Alan Kuhn and James Mackintosh appeal the administration of the examination for Police Sergeant (PM2529A), Kearny.
ACTION: The Merit System Board directed that these appeals be denied.
B-94 RONALD PACHUCKI, ET AL.
Ronald Pachucki, Patricia Radziewicz, Harold Tullock and John Warlikowski appeal the administration of the examination for Police Sergeant (PM2528A), Jersey City.
ACTION: The Merit System Board directed that these appeals be denied.
B-95 MICHAEL PETRYO AND GARY KOWALCZYK
Michael Petryo and Gary Kowalczyk appeal the administration of the examination for County Police Sergeant (PC2624A), Union County.
ACTION: The Merit System Board directed that this appeal be denied.
B-96 ROBERT WELLS, JR.
Robert Wells, Jr. appeals the administration of the examination for Police Sergeant (PM2541A), Point Pleasant Borough.
ACTION: The Merit System Board directed that this appeal be denied.
B-97 STANTON WILLIAMS
Stanton Williams appeals the administration of the examination for Police Sergeant (PM2571A), Plainfield.
ACTION: The Merit System Board directed that this appeal
be denied.
B-98 JANICE CALDWELL AND KIMBERLY CALDWELL
The Director, Division of Selection Services requests that out-of-title work performed by Janice Caldwell and Kimberly Caldwell be accepted in order to admit them to the promotional examination for Technical Assistant 2 Department of State (PS9318S).
ACTION: The Merit System Board granted the request.
B-99 FRANCIS DASCOLI
The appeal of Francis Dascoli, represented by Robert R. Cannan, Esq., concerning his removal effective October 30, 1998, was heard by Administrative Law Judge Margaret M. Monaco (ALJ) who rendered her initial decision on May 30, 2000, acknowledging the settlement of the parties.
ACTION: The Merit System Board acknowledged the settlement with the exception of paragraph 4.
B-100 RAYMOND J. CIANFRANI, JR., ET AL.
Raymond J. Cianfrani, Jr., Joseph F. Ezzi, Mathieu K. Miezan and Ruben Perez appeal the determination of the Division of Selection Services which found that they did not meet the minimum experience requirements for the promotional examination for General Supervisor Public Works (PM0698A), City of Camden.
ACTION: The Merit System Board directed that this appeal be denied.
B-101 MINUTES
The Merit System Board Minutes for the meeting of June 20, 2000 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of June 20, 2000.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, July 25, 2000, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
__________________________________ LEWIS A. SCHEINDLIN ACTING COMMISSIONER MERIT SYSTEM BOARD
|