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Meeting Minutes of September 12, 2000
Lewis A. Scheindlin, Acting Chairman Alan Dexter Bowman Margaret E. L. Howard Leo Vartan
A regular meeting of the Merit System Board was held on Tuesday, September 12, 2000, in Trenton, New Jersey.
PRESENT: Acting Chairman Lewis A. Scheindlin, Merit System Board Members, Alan Dexter Bowman, Margaret E. L. Howard, 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.
STATE CLASSIFICATION PLAN
The Merit System Board recorded the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof.
TO: Lewis Scheindlin, Acting Commissioner Henry Maurer, Director, MSP&LR
FROM: Marjorie Schwartz, Director Division of Human Resource Management
DATE: August 8, 2000
RE: Change in State Classification Plan
The Office of Information Technology is requesting that the following job functions be reallocated to the Senior Executive Service.
Your approval of the reallocation for the following position numbers from the career service to the Senior Executive Service is recommended. A review of the assigned job functions has been conducted and the positions meet the standards established for inclusion in the Senior Executive Service.
Reallocation of Service
Effective date: 8/29/00 From: 944041, Manager 2, Info Processing (PAP) (M34 - 64777) To: 944041, Senior Executive Service, Customer Relationship Manager, (M98 - 90752)
Effective date: 8/29/00 From: 926685, Manager 3, Information Processing (PAP) (M36 - 64779) To: 926685, Senior Executive Service, Customer Relationship Manager (M98 - 90752)
Effective date: 8/29/00 From: 936108, Manager 3, DMV (M30 - 56460) To: 936108, Senior Executive Service, Customer Relationship Manager (M98 - 90752)
Effective Date: 8/29/00 From: 951915, Manager 2, Fiscal Resources (PAP) (M34 - 60323) To: 951915, Senior Executive Service, Director, Fiscal Services (M98 - 90752)
Effective date: 8/29/00 From: 936653, Manager 2, Information Processing (M34 - 64777) To: 936653, Senior Executive Service, Director of Administration (M98 - 90752)
Effective date: 8/29/00 From: 910806, Manager 3, Information Processing (RA) (M36 - 64779) To: 910806, Senior Executive Service, Director of Application Development And Maintenance Services (M98 - 90752)
Effective date: 8/29/00 From: 936084, Manager 1, Information Processing (RA) (M32 - 64775) To: 936084, Senior Executive Service, Director, Research in Technology (M98 - 90752)
Effective date: 8/29/00 From: 951407, Project Manager, (X98 - 60005) To: 951407, Senior Executive Service, Director of E-Government (M98 - 90752)
Effective date: 8/29/00
From: 911019, Manager 2, Information Processing (RA) (M34 - 64777) To: 911019, Senior Executive Service, Director, Production Services (M98 - 90752)
Effective date: 8/29/00
From: 939313, Director, Office Prov. Relations (RA) (M32 - 51296) To: 939313, Senior Executive Service, Director, Communications and Creative Services (M98 - 90752)
Effective date: 8/29/00 From: 950899, Manager 3, Information Processing (RA) (M36 - 64779) To: 950899, Senior Executive Service, Director, Network Infrastructure and Telecommunications Services (M98 - 90752)
DATE: August 22, 2000
TO: Lewis A. Scheindlin, Acting Commissioner
Henry S. Maurer, Director Merit System Practices and Labor Relations
FROM: Marjorie A. Schwartz, Director Human Resources Management
SUBJECT: Change in the Compensation Plan
LAW AND PUBLIC SAFETY
We are requesting a two-range salary increase, workweek and title verbiage change for a title assigned to the Department of Law and Public Safety.
The Department contends that changes in job responsibilities and skill levels have impacted the existing job content evaluation. The title was resurveyed using the Job Analysis Questionnaire, the results of which support the Appointing Authority's contention. Resurvey information revealed the job has shifted from a consultative, program-oriented function to one that is more technically oriented. This shift has impacted the education requirements; greater technical education in the areas of electronics and radiation physics is needed to perform the essential duties of the position. A separate review of the job content evaluation indicates that a two-range increase is justified.
The amount of work performed in the field has decreased to the extent that an NE workweek is no longer appropriate, a 40-hour workweek is better suited to this function. We will also modify the title verbiage to remove the word "field" from this title.
CHANGE IN SALARY RANGE, WORKWEEK, AND TITLE VERBIAGE Effective: 03/11/00
FROM: Radiological Field Service Representative I17-34792 C NE
TO: Radiological Service Representative I19-34792 C 40 DATE: August 31, 2000
TO: Lewis A. Scheindlin, Acting Commissioner Department of Personnel
Henry S. Maurer, Director Merit System Practices and Labor Relations
FROM: Marjorie A. Schwartz, Director Division of Human Resource Management
SUBJECT: Change in State Classification Plan
DEPARTMENT OF LAW AND PUBLIC SAFETY
A request for change in workweek designation has been requested by the above-named department for the title of State Police Recruit in the Division of State Police. This request is being made in compliance with the Federal Fair Labor Standards Act and N.J.A.C. 4A:6-2.2 (A), 29 C.F.R. 553.211 and 29 C.F.R. 533.214.
This request is consistent with the applicable Federal regulations. N.J.A.C. 4A:6-2.2A, provides the criteria for the 4L workweek designation. However, that rule is based on Federal law and regulations, which are far more detailed and are controlling in this matter. In particular, 29 C.F.R. 553.211(a) sets forth the three criteria found in our rule for defining an individual as a "law enforcement" employee. However, 29 C.F.R. 553.211(b) provides, in pertinent part: "Employees who meet these tests are considered to be engaged in law enforcement activities regardless of their rank, or of their status as `trainee,' `probationary' or `permanent'.." Moreover, 29 C.F.R. 553.214, entitled "Trainees," provides in pertinent part: "The attendance at a bona fide fire or police academy or other training facility, when required by the employing agency, constitutes engagement in [law enforcement] activities . only when the employee meets all the applicable tests described in . Sec. 553.211 (except for the power of arrest for law enforcement personnel)." The clear import of these regulations is that law enforcement trainees, such as State Police Recruits, are entitled to the "law enforcement" workweek designation, notwithstanding that they lack the power of arrest.
In view of the above, we are respectfully requesting approval of the workweek/year change for the State Police Recruit from NL 12 to 4L 12.
CHANGE IN WORKWEEK/YEAR DESIGNATION Effective Date: August 26, 2000
State Police Recruit - X98-31849, Class of Service - Unclassified
From: NL 12 Workweek/year To: 4L 12 Workweek/year
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Johnny Banks, Police Officer, City of Newark, suspension.
Robert Brenzel, Range Instructor, City of Jersey City, suspension.
Barbara Flanagan, Head Nurse, Department of Human Services, layoff.
Martin G. Kay, Public Safety Telecommunicator, County of Burlington, removal.
Talaat A. Kerolus, Department of the Treasury, list removal.
Luther Lessard, Maintenance Repairer, County of Burlington, suspension.
Oswaldo Maldonado, Housing Inspector Bilingual in Spanish and English, City of Passaic, request for enforcement.
Ruth Stone, Cottage Training Technician, 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:
Limmie Caver, Police Officer, City of Trenton, suspension.
Toni Hand, Youth Worker, Department of Human Service, Division of Youth and Family Services, suspension.
Sabrina Hollis, Family Service Specialist III, Department of Human Services, Division of Youth and Family Services, resignation not in good standing.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Denise Arbuckle Woodbridge Developmental Center Department of Human Services Suspension
In the Matter of George Curley Mid-State Correctional Facility Department of Corrections Removal
In the Matter of Kathleen Dillon Judiciary - Essex Vicinage Removal
In the Matter of Kimberly Greenleaf City of Jersey City, Police Department Suspension
In the Matter of Yolanda Patrice Harvey Riverfront State Prison Department of Corrections Removal
In the Matter of Pauline Johnson Richard Stockton College Removal
In the Matter of Stephen Reiss Juvenile Medium Security Facility Suspension
In the Matter of Marci Rothstein New Jersey Department of Treasury Removal
In the Matter of Robert Velez Newark 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 Marci Rothstein.
A-2 WILLIAM BATE
William Bate, Probation Officer, Department of Judiciary, Essex Vicinage, (1) suspension for 20 days beginning July 14, 1997, on charges of incompetency, inefficiency or failure to perform duties and neglect of duty and (2) removal effective May 5, 1998, on charges of failure to perform duties, chronic/excessive tardiness and neglect of duty.
Recommendation of the Administrative Law Judge - (1) Uphold the suspension and (2) uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge to uphold the suspension but modified the removal to a resignation in good standing.
A-3 SUSAN CINTRON
Susan Cintron, Clerk Typist, Administrative Office of the Courts, Judiciary, Ocean Vicinage, release at the end of an extended working test period effective April 22, 1998, due to unsatisfactory performance.
Recommendation of the Administrative Law Judge - Uphold the release at the end of the working test period.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-4 ABDUL-GHAFUR FAIZ
Abdul-Ghafur Faiz, Senior Correction Officer, New Jersey State Prison, Department of Corrections, suspension for 30 days, on charges of incompetency, inefficiency or failure to perform duties, insubordination, and neglect of duty.
Recommendation of the Administrative Law Judge - Modify the 30-day suspension to a 10-day suspension.
ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.
A-5 JUAN DIEGO FEEHAN
Juan Diego Feehan, Income Maintenance Technician, Bilingual, Middlesex County Board of Social Services, suspension for 25 days, on charges of misuse of property, neglect of duty, failure to follow directives and insubordination.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-6 KEVIN GRANT & STANLEY THORPE
Kevin Grant and Stanley Thorpe, Human Services Technicians, Ancora Psychiatric Hospital, Department of Human Services, suspensions for 60 days, on charges of negligently contributing to an elopement.
Recommendation of the Administrative Law Judge - Reverse the 60-day suspensions.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-7 JOANNE JOBECK
Joanne Jobeck, Principal Data Control Clerk, County of Union, resignation not in good standing effective March 2, 1998, on charges of abandonment of her position for failure to return to duty for five or more consecutive business days following an approved leave of absence.
Recommendation of the Administrative Law Judge - Uphold the resignation not in good standing.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge
A-8 JEFFREY MARSHALL
Jeffrey Marshall, Police Sergeant, Police Department, City of Newark, suspension for 15 days, on charges of improper conduct and making a false statement.
Recommendation of the Administrative Law Judge - Modify the 15-day suspension to a five-day suspension and also impose an official reprimand.
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) Leo Vartan (Yes)
A-9 MARK ODOM
Mark Odom, Police Officer, City of Newark, suspension for 10 days, on charges of violation of department regulations. During the course of the OAL proceedings, the Administrative Law Judge granted the appellant's request to amend his pleadings to include a claim for back pay from January 23, 1997 to September 22, 1997 and counsel fees.
Recommendation of the Administrative Law Judge - Award back pay, benefits and seniority for the period from January 23, 1997 to September 22, 1997 and reasonable counsel fees.
ACTION: The Merit System Board affirmed that portion of the recommendation of the Administrative Law Judge to award back pay benefits and seniority for the period from January 23, 1997 to September 22, 1997, but denied the award of counsel fees. Further, the Board acknowledged the withdrawal of the appeal of the 10-day suspension.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Leo Vartan (Yes)
A-10 TRACY RAYNER
Tracy Rayner, Police Officer, City of Newark, Police Department, suspension for 15 days, on charges of public disparagement, demonstration of respect, indecent language, and false statement.
Recommendation of the Administrative Law Judge - Modify the 15-day suspension to a 5-day 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) Leo Vartan (Yes)
A-11 STEPHEN SUBIN
Stephen Subin, Fire Fighter, Fire Department, City of Atlantic City, suspension for eight days (forfeiting eight vacation days), on charges of insubordination.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-12 ANTHONY WILLIAMS
Anthony Williams, County Correction Officer, County of Monmouth, Department of Corrections and Youth Services, suspension for 10 days, on charges of insubordination and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the 10-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-13 BARBARA ARCHIE
Barbara Archie, Cottage Training Technician, Woodbine Developmental Center, Department of Human Services, (1) removal effective February 18, 1999, on charges of neglect of duty, loafing, idleness, or willful failure to devote attention to task which could result in danger to persons or property and (2) removal effective March 10, 1999, on charges of leaving an assigned work area without permission, creating a danger to persons.
Recommendation of the Administrative Law Judge - Uphold the removals.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-14 ELIZABETH BRUNKOW
Elizabeth Brunkow, Licensed Practical Nurse, Burlington County, Buttonwood Hospital, removal effective June 12, 1998, on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty and patient abuse/neglect.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-15 LAWRENCE CHATMON
Lawrence Chatmon, Truck Driver, City of Newark, Department of Neighborhood Services, removal effective September 20, 1996, on charges of conduct unbecoming a public employee, violation of any of the provisions of the civil service law and regulations, or any other statute governing or relating to the employment of public employees; or the personnel policies and procedures of the City or the rules and regulations of the employing department and criminal charge pending against the employee.
Recommendation of the Administrative Law Judge - Reverse the removal, and grant back pay to the estate of Lawrence Chatmon through the date of death.
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) Leo Vartan (Yes)
A-16 CORY EMELE
Cory Emele, Senior Correction Officer, Mountainview Youth Correctional Facility, Department of Corrections, removal effective December 10, 1998, on charges of attendance; leaving assigned work area without permission creating danger to persons or property, performance; eight serious mistakes due to carelessness which may result in danger and/or injury to persons or property and safety and security precautions; negligence in performing duty resulting in injury to persons or damage to property.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.
A-17 PATRICK MONTELLA
Patrick Montella, Lieutenant, City of Newark Police Department, suspension for five days, on charges of neglect of duty.
Recommendation of the Administrative Law Judge - Uphold 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) Leo Vartan (Yes)
A-18 CHARLES PARKER
Charles Parker, Food Service Worker, Meadowview Nursing Home, County of Atlantic, release at the end of the working test period effective August 5, 1998.
Recommendation of the Administrative Law Judge - Uphold the release at the end of the working test period.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-19 ROBERT J. SCHNUR
Robert J. Schnur, Senior Correction Officer, South Woods State Prison, Department of Corrections, removal effective April 28, 1999, on charges of conduct unbecoming a public employee, actions involving criminal matters, aggravated sexual assault, and burglary.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-20 JUAN GONZALEZ
Juan Gonzalez, Police Officer, City of Newark, Police Department, release at the end of the working test period effective July 23, 1999. The Merit System Board at its meeting of August 29, 2000, directed that this matter be held over.
Recommendation of the Administrative Law Judge - Reverse the release at the end of the working test period.
ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained)
Margaret E. L. Howard (Yes) Leo Vartan (Yes)
A-21 GEORGE JOHNSON
Appeal of George Johnson, Police Officer, Police Department, Deptford Township concerning his bypass for appointment from the Police Sergeant (PM4746P), Township of Deptford eligible list. The Merit System Board at its meeting of August 8, 2000, directed that this matter be held over.
Recommendation of the Administrative Law Judge - Uphold the Township's bypass of the appellant for appointment.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-22 EDWARD G. VETRECIN, JR. - SETTLEMENT
Edward G. Vetrecin, Jr., a Clinical Nurse with Monmouth County, Monmouth County Corrections/Youth Services, initial suspensions (2) for 45 days and 20 days on charges of insubordination, discourtesy, conduct unbecoming a public employee and intentional disobedience and refusal to accept a reasonable order, and removal effective March 18, 2000 on charges of disclosure of confidential information, violation of rules, regulations, policy, procedure or administrative directive and conduct unbecoming a public employee. Settled to a resignation in good standing and reimbursement of 15 days back pay.
Recommendation of the Administrative Law Judge - Acknowledge the settlement.
ACTION: The Merit System Board acknowledged the settlement
SECTION B - MISCELLANEOUS MATTERS
B-1 BEVERLY D. CONNELLY
Beverly D. Connelly, represented by Carl Figueroa, Esq., appeals her rejection as a Sheriff's Officer candidate by the County of Union and its request to remove her name from the subject 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 granted.
B-2 BENJAMIN RIVERA-ESTRADA
Benjamin Rivera-Estrada, represented by Wendie L. Elovich, Esq., appeals his rejection as a Police Officer candidate by the City of Long Branch 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 referred the matter for an independent evaluation.
B-3 HELENA CONTRAVO
Helena Contravo, an Emergency Medical Services Technician with the Vineland 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-4 ANN COSSABOON
Ann Cossaboon, a Maintenance Worker 1 (Transportation) with the Department of Transportation, represented by Harry Furman, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-5 BONAFACE EMEANA
Bonaface Emeana, a Family Services 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 denied.
B-6 JOHN P. FERRACO
John P. Ferraco, a Senior Correction Officer with the Adult Diagnostic and Treatment Center, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-7 ELISA GAN
Elisa Gan, a Head Nurse (12 Months) at the Ann Klein Forensic Center, Department of Human Services, represented by Robert Haws, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-8 MAGGIE MILES
Maggie Miles, a Cottage Training Technician at 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-9 MARY O'MALLEY
Mary O'Malley, a Secretarial Assistant 2 with the Department of Environmental Protection, represented by John Seiler, Staff Representative, CWA Local 1034, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-10 JANICE PETERS
Janice Peters, a Cottage Training Technician with Woodbridge 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-11 BRET J. REBURN
Bret J. Reburn, a Principal Environmental Specialist (Waste Management) with the Department of Environmental Protection, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-12 BARBARA SMITH
Barbara Smith, a District Office Manager 2, Medical Assistance and Health Services, with the 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-13 MICHAEL VALVANO
Michael Valvano, a former Visitor Service Assistant with the Department of Environmental Protection, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-14 GLORIA KLITZ
Gloria Klitz, a Cottage Training Technician with New Lisbon Developmental Center, Department of Human Services, alleges that she is being discriminated against based on her race/ethnicity (Hispanic).
ACTION: The Merit System Board directed that this appeal be denied.
B-15 SOLIMAN YOUSSEF
Soliman Youssef, an Auditor 1 with the Department of Health and Senior Services, represented by John Seiler, Staff Representative, Communications Workers of America, Local 1034, requests the Merit System Board's review of an unsatisfactory Performance Assessment Review (PAR) rating for the period October 1, 1997 through September 30, 1998. Appellant also appeals the decision of the Commissioner of the Department of Health and Senior Services, which found that appellant failed to present sufficient evidence to support a finding of probable cause that he had been discriminated against based on his age or creed. These matters were held over from the July 25, 2000 Board meeting.
ACTION: The Merit System Board directed that these appeals be denied.
B-16 JOSEPH BAHUN
Joseph Bahun, represented by Patrick J. Richardson, Esq., appeals the determination of Human Resource Information Services which restored his name to the eligible list for Plumbing Subcode Official (M9086O), City of Hoboken for future certifications only.
ACTION: The Merit System Board directed that this appeal be granted.
B-17 SHERREE K. CULVERT
Sherree K. Culvert, a Correction Sergeant at Riverfront State Prison, Department of Corrections, represented by Kendall J. Collins, Esq., appeals her bypass on the certification for Correction Lieutenant (PS6320I).
ACTION: The Merit System Board directed that this matter be held over.
B-18 HARRY DAHLMAN, ET AL.
The New Jersey Law Enforcement Supervisors Association, represented by Robert B. Reed, Esq., on behalf of Correction Sergeants Harry Dahlman, Robert Zimmer and James Wengert with the Department of Corrections, appeal the removal of their names from the list for Correction Lieutenant (PS6320I) based on their unsatisfactory employment records.
ACTION: The Merit System Board directed that these matters be held over.
B-19 LUTHER G. DAUGHERTY
Luther G. Daugherty, a Correction Sergeant at Bayside State Prison, Department of Corrections, represented by Mario A. Iavicoli, Esq., appeals the decision of Selection Services which found that he was properly bypassed on the certification for Correction Lieutenant (PS6320I) based on an unsatisfactory employment record.
ACTION: The Merit System Board directed that this matter be held over.
B-20 HOPE EZE
Hope Eze appeals the request of the Department of the Treasury appointing authority to remove her name from the Investigator Trainee, Taxation (S6210A) 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-21 FRANK R. JACKSON
Frank R. Jackson, a Correction Sergeant at New Jersey State Prison, Department of Corrections (DOC), represented by John H. Rittley, Esq., appeals the decision of Selection Services which found that he was properly removed from the list for Correction Lieutenant (PS6320I) based on an unsatisfactory employment record.
ACTION: The Merit System Board directed that this matter be held over.
B-22 GARY R. KERN, ET AL.
The New Jersey Law Enforcement Supervisors Association (NJLESA), represented by Robert B. Reed., Esq., on behalf of Correction Sergeants Gary R. Kern, Antonio C. Campos, Larry W. Cole and Robert M. Rupp with the Department of Corrections, appeals the bypasses of the above Sergeant's names from the certification for Correction Lieutenant (PS6320I).
ACTION: The Merit System Board directed that these matters be held over.
B-23 ROBERT J. MOONEY
The Department of Corrections appeals the decision of Human Resource Information Services restoring Robert J. Mooney's name to the Correction Officer Recruit (S9999V) eligible list.
ACTION: The Merit System Board granted the appeal and ordered that Robert J. Mooney's name be removed from the eligible list.
B-24 CARLA STIVES
Carla Stives appeals the decision of Human Resource Information Services (HRIS) which found that the appointing authority had presented a sufficient basis to remove her name from the eligible list for Parole Officer Recruit (S1405S), Department of Corrections because she possessed an unsatisfactory driving record.
ACTION: The Merit System Board directed that this appeal be denied.
B-25 DAVID TRAINA
David Traina, represented by John J. Segreto, Esq., appeals the decision of Placement Services which found that the City of Newark had presented a sufficient basis to remove the appellant's name from the Police Officer (M3394Y), City of Newark eligible list due to an unsatisfactory driving record. This matter was held over from the August 29, 2000 Board meeting for lack of quorum.
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) Leo Vartan (Yes)
B-26 SWAPNA DAS
Swapna Das seeks enforcement of the Merit System Board decision rendered on October 13, 1999 which acknowledged a settlement agreement resolving all disputes which stemmed from the removal of her name from the eligible list for Environmental Specialist (S6039O), Department of Environmental Protection.
ACTION: The Merit System Board denied the request.
B-27 LINDA SUMTER
Linda Sumter, a Cottage Training Supervisor with North Jersey Developmental Center, Department of Human Services, represented by Judiann Chartier, Esq., requests enforcement of that part of the Merit System Board decision rendered on June 2, 1998, granting her counsel fees.
ACTION: The Merit System Board granted the request in part and ordered the appointing authority to pay the appellant $9,319.36 in counsel fees.
B-28 ACCOUNT CLERK (C7186W & C0082O), PASSAIC COUNTY
The appointing authority's failure to properly dispose of the certification for Account 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 directed that the eligible lists (C7186W and C0082O), be revived and ordered the appointing authority to remove the provisional appointee, make an appointment from the certification and pay compliance costs.
B-29 ASSISTANT DIRECTOR, COMMUNITY DEVELOPMENT PROGRAM (M0753W), TOWNSHIP OF IRVINGTON
The appointing authority requests permission not to make an appointment from the certification for Assistant Director, Community Development Program (M0753W), Township of Irvington.
ACTION: The Merit System Board granted the request for appointment waiver, but assessed partial costs.
B-30 PARKING METER COLLECTOR (M6771A), CITY OF NEWARK
The appointing authority's failure to properly dispose of the certification for Parking Meter Collector 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 appointee, make an appointment from the certification and pay compliance costs.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Leo Vartan (Yes)
B-31 PRINCIPAL CLERK TYPIST (PM0244A), PASSAIC VALLEY WATER COMMISSION
The appointing authority's failure to properly dispose of the certification for Principal Clerk Typist 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-32 WILLIAM BRENNAN
William Brennan, a Fire Fighter with the Township of Teaneck, petitions the Merit System Board (Board) for interim relief and reconsideration of the final administrative decision, rendered on May 23, 2000, which found that Mr. Brennan had not established a prima facie case of reprisal.
ACTION: The Merit System Board directed that this appeal be denied.
B-33 JUAN GONZALEZ
Juan Gonzalez, a Police Officer with the City of Newark, represented by Clarence Faines, III, Esq., petitions the Merit System Board to reconsider the final decision denying a hearing on his eight-day suspension beginning September 23, 1998, on charges, based on his failure to timely file an appeal.
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) Leo Vartan (Yes)
B-34 EUGENE O'BRIEN
Eugene O'Brien, an Administrative Analyst with the Ocean County Board of Health, petitions the Merit System Board to reconsider the final decision denying a hearing on his removal effective July 31, 1998 on charges, based on his failure to timely file an appeal.
ACTION: The Merit System Board granted the request for reconsideration and directed that the matter be transmitted to the Office of Administrative Law.
B-35 GEORGE POLLOCK
George Pollock, a General Supervisor, Building Services, Atlantic County Department of Public Works, petitions the Merit System Board for reconsideration of the decision of March 30, 2000, which denied his request for a hearing in regard to his removal, effective September 21, 1999.
ACTION: The Merit System Board granted the request for reconsideration and directed that the matter be transmitted to the Office of Administrative Law.
B-36 PETER G. VINCENT
Peter G. Vincent, a Cottage Training Technician with the Department of Human Services, petitions the Merit System Board (Board) for reconsideration of its final administrative decision rendered on April 18, 2000, in which the Board dismissed the appellant's appeal of his resignation not in good standing, without prejudice for his failure to appear at the scheduled settlement conference on January 27, 2000.
ACTION: The Merit System Board denied the request.
B-37 BEVERLY KEARNEY
The Superior Court, Appellate Division, has remanded the decision of the Merit System Board (Board) in In the Matter of Beverly Kearney (MSB, decided April 8, 1999), remanded, Docket No. A-5116-98T5 (App. Div. Aug. 26, 1999), to allow the Board to consider Kearney's guilty plea to criminal charges and make a determination as to whether appellant is entitled to back pay.
ACTION: The Merit System Board affirmed the Board's prior decision of April 8, 1999.
B-38 HARRY BOGER
The appeal of Harry Boger, a Police Lieutenant with the City of Newark Police Department, of his two-day suspension 10- day suspension and written reprimand on charges, was heard by Administrative Law Judge Michael L. Ravin (ALJ), who rendered his initial decision on June 20, 2000. At is meeting on August 8, 2000, the Board adopted that ALJ's recommendation to reverse the 10-day suspension and uphold the written reprimand but did not adopt the ALJ's recommendation to modify the two-day suspension to a 12-day suspension. Rather, the Board modified the two-day suspension to a six-day suspension. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-39 ROBERT FUNDERBURK
The appeal of Robert Funderburk, a Senior Correction Officer at New Jersey State Prison, Department of Corrections, of his 15-day suspension on charges, was heard by Administrative Law Judge Steven C. Reback (ALJ), who rendered his initial decision on June 30, 2000, reversing the suspension. At its meeting on August 8, 2000, the Board adopted the ALJ's recommendation. However, the Board found it necessary to clarify a portion of the ALJ's decision. 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) Leo Vartan (Yes)
B-40 DAVID LONG
The appeal of David Long, an Auditor 2 with the Department of Labor, of his removal effective January 17, 1997 on charges, was heard by Administrative Law Judge Irene Jones (ALJ), who rendered her initial decision on June 21, 2000. At its meeting on August 8, 2000, the Board did not adopt the ALJ's recommendation to modify the removal to a six- month suspension and a demotion to Auditor 3. Rather, the Board upheld the removal. 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) Leo Vartan (Yes)
B-41 MICHAEL C. MAIORINO
The appeal of Michael C. Maiorino, an Institutional Trade Instructor 1 (Industrial Finishing) at East Jersey State Prison, Department of Corrections, of his removal effective November 4, 1998 on charges, was heard by Administrative Law Judge Mumtaz Bari-Brown (ALJ), who rendered her initial decision on June 26, 2000. At its meeting on August 8, 2000, the Board did not adopt the ALJ's recommendation to modify the removal to a six-month suspension. Rather, the Board upheld the removal. The proposed final decision is now submitted for the Boards' review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Leo Vartan (Yes)
B-42 SHERMAN MCCRAY
The appeal of Sherman McCray, a County Correction Officer with the Burlington County Jail, Burlington County, of his 10-day suspension on charges, was heard by Administrative Law Judge Kathryn A. Clark (ALJ), who rendered her initial decision on June 28, 2000, reversing the suspension. At its meeting on August 8, 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 final decision.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Leo Vartan (Yes)
B-43 JACQUELINE WOOTEN-ROSE
The appeal of Jacqueline Wooten-Rose, a Family Service Specialist 3 with the Division of Youth and Family Services, Department of Human Services, of her resignation not in good standing effective June 13, 1997 on charges, was heard by Administrative Law Judge Richard McGill (ALJ), who rendered his initial decision on May 11, 2000. At its meeting on August 8, 2000, the Board did not adopt the ALJ's recommendation to uphold the resignation not in good standing. Rather, the Board determined that the resignation not in good standing be reversed. 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) Leo Vartan (Yes)
B-44 JOHN GAMBA
The appeal of John Gamba, Fire Chief with the City of Orange Fire Department, of his removal effective December 4, 1990 on charges was heard by Administrative Law Judge Barbara A. Harned (ALJ), who rendered her initial decision on May 19, 2000, reversing the removal. This matter was originally before ALJ Edith Klinger who issued an initial decision on August 28, 1997. On October 21, 1997, the Merit System Board (Board) ordered that the matter be remanded to the Office of Administrative Law for further proceedings. Subsequently, ALJ Klinger recused herself from the matter and it was reassigned to ALJ Harned. At its meeting on August 8, 2000, the Board affirmed ALJ Harned's recommendation. 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) Leo Vartan (Yes)
B-45 LORI GHAVAMI
A copy of a Notice of Appeal filed by the City of Newark, represented by Lenora E. Marshall, Assistant Corporation Counsel, in In the Matter of Lori Ghavami was received by the Merit System Board on or about July 25, 2000. This decision will amplify, pursuant to R. 2:5-1(b), the decision rendered in this matter on May 23, 2000.
ACTION: The Merit System Board adopted the amplification of the prior decision.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Leo Vartan (Yes)
B-46 PATRICIA HAGERTY-CAREY
Patricia Hagerty-Carey, Supervising Program Development Specialist, represented by CWA Local 1034, appeals the determination of her PAR grievance by the Department of Health and Senior Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-47 JOHN C. UNGER
John C. Unger, Health Data Specialist 2, represented by CWA Local 1034, appeals the determination of his PAR grievance by the Department of Health and Senior Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-48 BRUCE ALLEN
Bruce Allen appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Sheriff's Officer Sergeant/Training Officer (PC0707W), Middlesex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-49 KELLY D. DENKOVIC AND MICHAEL DILELLA
Kelly D. Denkovic and Michael DiLella appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for the promotional examination for Program Assistant, Division of Developmentally Disabled (PS9307K), Greenbrook Regional Center.
ACTION: The Merit System Board directed that these appeals be granted.
B-50 JAMES D. DIZZLEY, ET AL.
James D. Dizzley, Raymond Kennedy, and Shawn Taylor appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for the open competitive examination for Public Safety Telecommunicator, State Prison (S0269O).
ACTION: The Merit System Board directed that these appeals be denied.
B-51 BRIDGETTE M. DUBOIS
Bridgette M. Dubois 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 Public Safety Telecommunicator (M0675W), 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) Leo Vartan (Yes)
B-52 LINDA FALCONE
Linda Falcone appeals her ineligibility for the promotional examination for Unemployment Insurance Clerk (PS6865N) Department of Labor.
ACTION: The Merit System Board directed that this appeal be denied.
B-53 RAJENDRA GANDHI
Rajendra Gandhi appeals the determination of the Division of Selection Services, which found that he did not provide evaluated foreign transcripts for the open competitive examinations for Assistant Environmental Engineer (Air Pollution Control) (S6224A), Assistant Environmental Engineer (S6223A), and Senior Chemist Water Analysis (C6666A), Passaic County.
ACTION: The Merit System Board directed that this appeal be denied.
B-54 FATAN HAFEZ AND SAMUEL MATHEW
Fatan Hafez and Samuel Mathew appeal the determination of the Division of Selection Services, which found that they failed to provide evaluated foreign transcripts for the open competitive examination for Accountant 3 (S6221A). Faten Hafez also appeals the determination of the Division of Selection Services, which found that she did not provide an evaluated foreign transcript for the open competitive examination for Auditor Accountant Trainee (S6174A).
ACTION: The Merit System Board directed that these appeals be denied.
B-55 CHARLES A. HARDEN
Charles A. Harden appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Mechanic (PC0551A), Monmouth County.
ACTION: The Merit System Board directed that this appeal be granted.
B-56 CYNTHIA M. LEWIS-CARROLL
Cynthia M. Lewis-Carroll appeals the determination of the Division of Selection Services, which found that per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Administrative Assistant 3 (PS8346P), Division on Civil Rights.
ACTION: The Merit System Board directed that this appeal be granted.
B-57 DONELLA LYLES
Donella Lyles 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 Payroll Supervisor (M0590O) Asbury Park City.
ACTION: The Merit System Board directed that this appeal be denied.
B-58 GEORGE MACHNO
George Machno 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 (PC0060A), Hudson County.
ACTION: The Merit System Board directed that this appeal be denied.
B-59 THELMA L. MYERS
Thelma L. Myers appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Personnel Aide 1 (PS7762K), Vineland Developmental Center.
ACTION: The Merit System Board directed that this appeal be granted.
B-60 SAUNDRA M. NICHOLS
Saundra M. Nichols appeals the determination of the Division of Selection Services, which found that per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Technician, Management Information Systems (PS7009N), Department of Labor.
ACTION: The Merit System Board directed that this appeal be granted.
B-61 DORIAN ODOM FRAZIER AND NORMA GARCIA
Dorian Odom Frazier and Norma Garcia appeal the determination of the Division of Human Resource Management, which found that they were ineligible for the promotional examination for School Clerk (PM2420A), Newark School District.
ACTION: The Merit System Board directed that these appeals be denied.
B-62 TARA C. OLSON
Tara C. Olson appeals the determination of the Division of Selection Services, which found that she was below the minimum requirements in experience for the open competitive examination for Speech/Hearing Specialist 1 (S6245A).
ACTION: The Merit System Board directed that this appeal be granted.
B-63 JYOTSNA PATEL AND BELA MANKAD
Jyotsna Patel and Bela Mankad appeal the determination of the Division of Selection Services, which found them to be ineligible for failing to provide evaluated foreign transcripts for the open competitive examination for Microbiologist Trainee (S6231A).
ACTION: The Merit System Board directed that these appeals be denied.
B-64 JENNY PEREZ
Jenny Perez 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 Income Maintenance Technician (C1054A), Bergen County.
ACTION: The Merit System Board directed that this appeal be denied.
B-65 PATRICIA A. SCHWEGEL
Patricia A. Schwegel appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Personnel Aide 1 (PS7762K), Vineland Developmental Center.
ACTION: The Merit System Board directed that this appeal be granted.
B-66 MACK M. SELBY
Mack M. Selby appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in education and experience for the promotional examination for Assistant Food Service Supervisor 1 (PS8696I), South Woods State Prison, Department of Corrections.
ACTION: The Merit System Board directed that this appeal be denied.
B-67 KOSHY THOMAS
Koshy Thomas appeals the determination of the Division of Selection Services, which found that he did not provide an evaluation of his foreign transcript and lacked the required experience for the open competitive examination for Executive Assistant (M6676A), Irvington Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-68 TRINA M. LUCAS
Trina M. Lucas appeals the determination of the Division of Human Resource Management which found that she was not permanent in the competitive division as of the closing date for the promotional examination for Principal Clerk Typist (PM4540V), Newark School District.
ACTION: The Merit System Board directed that this appeal be denied.
B-69 SHARON ABBEY, ET AL.
Sharon Abbey, John Kersey, Leslie Opdenaker and Walter Sakala appeal their scores on the promotional examination for Financial Examiner 1 (PS55601), Banking and Insurance.
ACTION: The Merit System Board directed that these appeals be denied.
B-70 SABRINA CASTANON, ET AL.
Sabrina Castanon, Jeanne F. Cuseglio, Yolanda M. Duenas, Deborah L. Ison, Rosalie Schaffer, and Mari S. Tirado appeal the determination of the Division of Selection Services which found that they failed to achieve a passing score on the promotional examination for Unemployment Insurance Clerk (PS6865N), Department of Labor.
ACTION: The Merit System Board directed that these appeals be denied.
B-71 TERRANCE CROWLEY
Terrance Crowley appeals his score on the examination for Police Sergeant (PM2528A), Jersey City.
ACTION: The Merit System Board directed that this appeal be denied.
B-72 CARLOS ESPADA
Carlos Espada appeals his score on the examination for Parole Officer Recruit Bilingual in Spanish and English (S2002A), Department of Corrections.
ACTION: The Merit System Board directed that this appeal be denied.
B-73 THOMAS HANNENBERG
Thomas Hannenberg, represented by Joseph Priory, Esq., appeals his seniority score for the examination for Battalion Fire Chief (PM1079U), Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-74 DOMINICK MARINO
Dominick Marino petitions the Merit System Board for reconsideration of the decision rendered on November 9, 1999 which denied his appeal regarding his score on the oral portion of the promotional examination for Fire Captain (PM3631V), Asbury Park City.
ACTION: The Merit System Board denied the request.
B-75 LUSSELENIA PEREZ
Lusselenia Perez appeals the results of the written promotional examination for Unemployment Insurance Clerk (PS6865N), Department of Labor.
ACTION: The Merit System Board directed that this appeal be denied.
B-76 BARBARA E. WORTHINGTON
Barbara E. Worthington appeals her score on the promotional examination for Senior Buyer (PS5513P), Division of State Police, Department of Law and Public Safety.
ACTION: The Merit System Board directed that this appeal be denied.
B-77 ANTHONY KERR
Anthony Kerr appeals the administration of the promotional examination 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) Leo Vartan (Yes)
B-78 EUGENE OTTO
Eugene Otto appeals the administration of the promotional examination for Police Sergeant (PM2566A), Irvington.
ACTION: The Merit System Board directed that this appeal be denied.
B-79 JOSE RODRIGUEZ
Jose Rodriguez appeals the administration of the promotional examination for Police Sergeant (PM0948W), Elizabeth.
ACTION: The Merit System Board directed that this appeal be denied.
B-80 AYESHA BEGUM
Ayesha Begum appeals the administration of the promotional examination for Unemployment Insurance Clerk (PS6865N), Department of Labor.
ACTION: The Merit System Board directed that this appeal be denied.
B-81 GUNNER SCHEHR
Gunner Schehr appeals the administration of the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-82 MATTHEW MCNULTY
Matthew McNulty requests a make-up for the written portion of the Fire Fighter (M9999A) open-competitive examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-83 RHODA THOMAS
Rhoda Thomas appeals the validity of the examination for Police Sergeant (PM2517A), Camden City.
ACTION: The Merit System Board directed that this appeal be denied.
B-84 GERARD MARINELLI
Gerard Marinelli appeals the decision of the Division of Selection Services concerning the correct answers to specific questions on the promotional examination for Sheriff's Officer Sergeant (PC2504B), Morris County.
ACTION: The Merit System Board directed that this appeal be denied.
B-85 CHARLES PLUMERI
Charles Plumeri, a Manager 1, Department of Personnel (CSC), requests reconsideration of the Merit System Board decision denying his claim that he is entitled to special reemployment rights following layoffs effective at the close of business, June 26, 1996.
ACTION: The Merit System Board denied the request for reconsideration.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Leo Vartan (Yes)
B-86 MARGOT ANTONELLI, ET AL.
Margot Antonelli, Nicholas Coppolecchia, Peter Knoll, Sean Silva, Jeffrey Varon and David Zajack appeal the determinations of the Division of Selection Services that they did not file applications for the Entry Level Law Enforcement (S9999B) examination.
ACTION: The Merit System Board directed that these appeals be denied.
B-87 STEVE SCHULER
The Department of the Treasury requests a relaxation of N.J.A.C. 4A:4-7.8(b) to allow Mr. Steve Schuler's permanent appointment following voluntary demotion from the title of Senior Stock Clerk to the unrelated title of Senior Postal Clerk.
ACTION: The Merit System Board granted the request.
B-88 JEROME WLODARCZYK
Jerome Wlodarczyk petitions the Merit System Board for reconsideration of its decision rendered on October 26, 1999 in which his request for admittance to the examination for Hazardous Site Mitigation Specialist 4 (S6116O) was denied.
ACTION: The Merit System Board directed that this appeal be denied.
B-89 SALARY REGULATIONS, SUPPLEMENT 2: FY 2001
It is recommended that the Board record the Salary Regulations, Supplement 2, for Fiscal Year 2001.
ACTION: The Merit System Board recorded the salary regulations.
B-90 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of August 8, 2000 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of August 8, 2000.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Leo Vartan (Yes)
B-91 CARLOS PACHECO
The appeal of Carlos Pacheco, a Senior Correction Officer at Garden State Reception and Youth Correctional Facility, Department of Corrections, of his 30-day suspension on charges, was heard by Administrative Law Judge Steven C. Reback (ALJ), who rendered his initial decision on April 27, 2000, reversing the suspension. At its meeting on August 8, 2000, the Board adopted the ALJ's recommendation. However, the Board found it necessary to clarify a portion of the ALJ's decision. 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) Leo Vartan (Yes)
B-92 OBIANUJU OKOSA
The appeal of Obianuju Okosa, an Income Maintenance Worker with the Department of Human Services, Union County, of her removal effective February 17, 1999 on charges, was heard by Administrative Law Judge Maria Mancini LaFiandra, who rendered her initial decision on July 20, 2000, modifying the removal to a six-month suspension. At its meeting of August 29, 2000, the Board modified the suspension to three months. 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 (Yes) Margaret E. L. Howard (Abstained) Leo Vartan (Yes)
B-93 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of August 29, 2000 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting August 29, 2000.
VOTE: Lewis A. Scheindlin (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Abstained) Leo Vartan (Yes)
There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, September 26, 2000, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
__________________________________ LEWIS A. SCHEINDLIN ACTING COMMISSIONER MERIT SYSTEM BOARD |
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© State of New Jersey Civil Service Commission |
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