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Meeting Minutes of October 24, 2000
Janice Mitchell Mintz, Chairwoman Alan Dexter Bowman Judith L. Shaw Leo Vartan
A regular meeting of the Merit System Board was held on Tuesday, October 24, 2000, in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz, Merit System Board Members, Alan Dexter Bowman, Judith L. Shaw and Leo Vartan; Andrea Grundfest, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, Chairwoman Janice Mitchell Mintz, 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 actions were by unanimous vote unless otherwise specified.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Richard Sittineri, Crash Crew Chief, County of Cape May, layoff.
Albert Waddington, County Correction Officer, County of Camden, suspension.
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:
Arthur Dorn, Laborer, City of Atlantic City Municipal Utilities Authority, suspension.
Doreen Griffin, Clerk Transcriber, Department of Environmental Protection, release at the end of the working test period.
Jonathan Moore, Building Maintenance Worker, Housing Authority of the City of Newark, suspension.
Susan Santiago, Human Services Assistant, Department of Human Services, Vineland Developmental Center, release at the end of the working test period.
Theresa Smart, Social Caseworker, City of Newark, removal.
Anthony Wilson, County Correction Officer, County of Camden, release at the end of the working test period.
Michelle Zuczek, Principal Audit Account Clerk, Department of the Treasury, removal.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Joseph Casey Mount Laurel Township Municipal Utilities Authority Suspension
In the Matter of Leon A. Clark, Jr. Office of Information Technology Department of the Treasury Suspension
In the Matter of Lawrence Davis UI Operations Department of Labor Resignation not in good standing
In the Matter of Robert Davis East Jersey State Prison Department of Corrections Removal
In the Matter of Jed Emont Division of Youth and Family Services Department of Human Services Removal
In the Matter of Jozanne G. LoBracio Commission for the Blind and Visually Impaired Department of Human Services Removal
In the Matter of Gilbert Martinez New Lisbon Development Center Department of Human Services Suspension
In the Matter of Andrew D. Roos County of Warren Detention Department Removal
In the Matter of Louis Wilson City of Newark Department of Neighborhood Services Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements, with the exception of Robert Davis and Louis Wilson, which were held over.
A-2 KAREN BARKER
Karen Barker, Housing Manager, Atlantic City Housing Authority, suspension for six days, on charges of insubordination and neglect of duty.
Recommendation of the Administrative Law Judge - Uphold the six-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-3 JOSEPH BELLINO
Joseph Bellino, County Correction Captain, County of Hudson, Department of Corrections, suspension for 30 days, on charges of conduct unbecoming a public employee and discrimination that affects equal opportunity.
Recommendation of the Administrative Law Judge - Reverse the 30-day suspension.
ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.
A-4 MICHAEL BOYETTE (REMAND)
Michael Boyette, Correction Officer, County of Monmouth, Department of Corrections and Youth Services, suspension for 20 days, on charges of inappropriate, threatening and unnecessary physical and verbal intimidation, creating a hostile and disruptive environment, disrespect and discourtesy, insubordination, conduct unbecoming a County Correction Officer, and any failure of good behavior which reflects discredit upon the employee.
Recommendation of the Administrative Law Judge - Reverse the 20-day suspension.
ACTION: The Merit System Board directed that this matter be held over.
A-5 PHILLIP DAVIS, SR.
Phillip Davis, Sr., Senior Correction Officer, Garden State Reception and Youth Correctional Facility, Department of Corrections, removal effective September 28, 1999, on charges of attendance, personal conduct, and conduct unbecoming an employee.
Recommendation of the Administrative Law Judge - Modify removal to a six-month suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-6 MICHAEL A. DEROGATIS
Michael A. DeRogatis, Police Officer, City of Jersey City, Police Department, removal effective May 19, 1995, on charges of performance, incapacity to discharge one's duty due to mental or physical disability, general causes.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-7 JOHN FORMISANO AND TYRONE MORTON
John Formisano and Tyrone Morton, Police Officers, City of Newark, Police Department, suspensions for 35 days, on charges of care of property and neglect of duty.
Recommendation of the Administrative Law Judge - Reverse the 35-day suspensions.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a five-day suspension.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Judith L. Shaw (Yes) Leo Vartan (Yes)
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 modified the recommendation of the Administrative Law Judge to uphold the 15- day suspension only.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Judith L. Shaw (Yes) Leo Vartan (Yes)
A-9 DARRYL MARTIN
Darryl Martin, County Correction Officer, County of Monmouth, Sheriff's Department, removal effective February 17, 1998, on charges of violation of substance abuse policy and conduct unbecoming an employee in public service.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-10 BRUCE E. MATTHEWS
Bruce E. Matthews, Senior Correction Officer, New Jersey State Prison, Department of Corrections, suspension for 10 days, on charges of violation of safety and security precautions.
Recommendation of the Administrative Law Judge - Reverse the 10-day suspension and reimbursement of back pay.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-11 KELLIEJEANNE ROSTIEN
Kelliejeanne Rostien, Emergency Medical Technician, City of Vineland, Health Department, release at the end of the working test period effective September 20, 1999.
Recommendation of the Administrative Law Judge - Uphold the release at the end of the working test period.
ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.
A-12 PAUL LAMIN - SETTLEMENT
Paul Lamin, Laborer, City of Trenton, Department of Public Works, initial removal effective July 28, 1999, on charges of inability to perform duties. Settled to reinstatement of appellant.
ACTION: The Merit System Board acknowledged the VOTE:settlement.
SECTION B - MISCELLANEOUS MATTERS
B-1 ALFRED KAISER
Alfred Kaiser, represented by Larry S. Loigman, 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 granted.
B-2 DAVID C. JOHNSON
David C. Johnson, an Equipment Operator with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-3 LORETTA JONES
Loretta Jones, a Human Services Assistant 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 granted.
B-4 CARMEN L. PASTOR
Carmen L. Pastor, a Senior Food Service Handler 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-5 GREGORY CANFIELD
Gregory Canfield, a Head Nurse at Hunterdon Developmental Center, Department of Human Services (DHS), appeals the determination by the Assistant Commissioner for Human Resources at the DHS, which found there was insufficient evidence to support a finding of probable cause that he had been discriminated against based on his sex or his disability.
ACTION: The Merit System Board directed that this appeal be denied.
B-6 ROBERT FRANKLIN
Robert Franklin, a Senior Correction Officer at Riverfront State Prison, Department of Corrections (DOC), represented by Stephen J. Moschini, Esq., appeals the determination of the Director, Equal Employment Division, with the DOC, stating that appellant failed to present sufficient evidence to support a finding of probable cause that he had been subject to retaliation or discriminated against based on his race.
ACTION: The Merit System Board granted a hearing.
B-7 JOHN MIDDAUGH
John Middaugh, a County Correction Sergeant with the Morris County Sheriff's Office, represented by Michael M. Rubbinaccio, Esq., petitions the Merit System Board for interim relief with regard to his immediate suspension, effective August 14, 2000 on charges.
ACTION: The Merit System Board denied the request.
B-8 KEVIN CREAMER
The Department of Corrections (DOC) appeals the decision of Human Resource Information Services (HRIS) which found that it did not present a sufficient basis to remove Kevin Creamer's name from the eligible list for Correction Officer Recruit (S9999W), DOC on the basis of an unsatisfactory driving record.
ACTION: The Merit System Board directed that this appeal be granted and ordered that Kevin Creamer's name be removed from the eligible list.
B-9 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, appeals the removal of their names from the list for Correction Lieutenant (PS6310I) based on their unsatisfactory employment records. It is noted that this matter was held over from the Board's October 11, 2000 meeting.
ACTION: The Merit System Board denied the appeals of Harry Dahlman and Robert Zimmer but restored James Wengert's name to the list and ordered that the certification be reissued.
B-10 EDWARD P. KELLY
Edward P. Kelly, represented by Larry S. Loigman, Esq., appeals the removal of the appellant's name from the Police Officer (S9999V) eligible list for Holmdel Township due to a failure to appear for preemployment processing.
ACTION: The Merit System Board restored Edward P. Kelly's name to the eligible list, but reflected on the July 31, 1997 certification as bypassed.
B-11 COMMUNITY SERVICE AIDE (M6523W), CITY OF EAST ORANGE
The appointing authority requests permission not to make an appointment from the certification for Community Service Aide (M6523W), City of East Orange.
ACTION: The Merit System Board granted the request, but assessed partial costs.
B-12 GRAPHIC ARTIST 1 (M6623A), VINELAND CITY SCHOOL DISTRICT
The appointing authority requests permission not to make an appointment from the certification for Graphic Artist 1 (M6623A), Vineland City School District.
ACTION: The Merit System Board granted the request but assessed costs.
B-13 WILLIAM MALOSKY
William Malosky, a Correction Lieutenant at Albert C. Wagner Youth Correctional Facility (ACWYCF), Department of Corrections, represented by Mario A. Iavicoli, Esq., appeals his reassignment from the Thomas M. Cooper Training Academy to ACWYCF.
ACTION: The Merit System Board directed that this appeal be denied.
B-14 ROBERT ANDERSON, III
Robert Anderson, III 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 Head Cook 3 (S0150B), Bayside Southern State Prison.
ACTION: The Merit System Board directed that this appeal be denied.
B-15 JOAN BAILEY
Joan Bailey 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 Executive Assistant (PM1401W), Jersey City.
ACTION: The Merit System Board directed that this appeal be granted.
B-16 DEBORAH BEASLEY
Deborah Beasley appeals the determination by the Division of Selection Services, which found her ineligible for the promotional examination for Assistant Purchasing Agent (PM0349A), Camden City.
ACTION: The Merit System Board directed that this appeal be granted.
B-17 ANGELA BORRELLI
Angela Borrelli 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 Field Service Representative Housing (Housing Assistance Program ), (S0512B).
ACTION: The Merit System Board directed that this appeal be denied.
B-18 BARBARA A. CARTER
Barbara A. Carter appeals the determination of the Division of Selection Services which found that per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Administrative Analyst 3 (PS7158K), Division of Youth and Family Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-19 DAVID J. COLLINS
David J. Collins appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the promotional examination for the dual title of Supervising Pumping Station Operator/Supervisor, Sewer Maintenance (PC4462V), Bergen County Utilities Authority.
ACTION: The Merit System Board directed that this appeal be denied.
B-20 JASMINA DESAI, ET AL.
Jasmina Desai, Dwight Ross, and William Weisgarber, Jr., 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 Auditor Accountant Trainee (S6254A).
ACTION: The Merit System Board directed that these appeals be denied.
B-21 JASMINA DESAI
Jasmina Desai appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the open competitive examinations for Financial Examiner 3 (S6191A and S6266A) and Financial Examiner 4 (S6192A and S6267A).
ACTION: The Merit System Board directed that this appeal be denied.
B-22 MARIN DIAZ
Marin Diaz appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the open competitive examinations for Family Service Specialist 3 (S066O) and Family Service Specialist 3 (Bilingual in Spanish and English) (S0067O).
ACTION: The Merit System Board directed that this appeal be denied.
B-23 MARK L. DIDOMENICO
Mark L. DiDomenico appeals the determination of the Division of Selection Services which found that he did not meet the minimum requirements for the promotional examination for General Supervisor Mosquito Extermination (PC2329A), Essex County.
ACTION: The Merit System Board directed that this appeal be granted.
B-24 JOANN T. DIEHL
Joann T. Diehl appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement, per the substitution clause for education, for the promotional examination for Standards & Procedures Technician (PS5662K), Department of Human Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-25 ROBERT GLESSMAN
Robert Glessman 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 the dual title of Bridge Construction Inspector/Road Inspector (C6560A), Middlesex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-26 LOUISE M. GOODREAU
Louise M. Goodreau appeals the determination of the Division of Selection Services, which found that per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Administrative Analyst 3 (PS7158K), Division of Youth and Family Services.
ACTION: The Merit System Board directed that this appeal be granted.
B-27 CATHERINE M. HOSKING
Catherine M. Hosking appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Principal Account Clerk (PC8113A), Sussex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-28 CHIA JENIOUS
Chia Jenious 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 Counselor Adolescent Unit (C1231B), Morris County.
ACTION: The Merit System Board directed that this appeal be denied.
B-29 JANICE JUSKEY
Janice Juskey appeals the determination of the Division of Selection Services, which found that per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Executive Assistant (PM1401W), Jersey City.
ACTION: The Merit System Board directed that this appeal be denied.
B-30 CLIFFORD LEWIS
Clifford Lewis appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Institutional Trade Instructor 1 (Warehousing) (PS8466I), South Woods State Prison.
ACTION: The Merit System Board directed that this appeal be granted.
B-31 MARYANN LINNELL
Maryann Linnell appeals the determination of the Division of Selection Services, which found that she did not meet the education and the experience requirements for the open competitive examination for Administrative Assistant 3 (S6235A).
ACTION: The Merit System Board directed that this appeal be denied.
B-32 KATHERINE LONG
Katherine Long appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Income Maintenance Supervisor (PC6700W), Atlantic County.
ACTION: The Merit System Board directed that this appeal be denied.
B-33 TAREK MOHAMED
Tarek Mohamed appeals the determination of the Division of Selection Services, which found that he did not provide an evaluated foreign transcript for the open competitive examination for Senior Engineer Highway (C6739A), Burlington County.
ACTION: The Merit System Board directed that this appeal be denied.
B-34 HEMLATA D. PATEL
Hemlata D. Patel 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 Trainee (S6231A).
ACTION: The Merit System Board directed that this appeal be denied.
B-35 MARITZA AISHA REYES
Maritza Aisha Reyes appeals the determination of the Division of Selection Service, which found that she did not meet the experience requirements for the open competitive examination for Family Service Specialist 3 (Bilingual in Spanish and English) (S0109O).
ACTION: The Merit System Board directed that this appeal be denied.
B-36 CHARLOTTE SADASHIGE
Charlotte Sadashige appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the open competitive examination for Analyst 2, Research and Evaluation, Health and Senior Services (S6197A).
ACTION: The Merit System Board directed that this appeal be denied.
B-37 SYED TARIQ-SHUAIB
Syed Tariq-Shuaib appeals the determination of the Division of Selection Services, that he failed to indicate possession of an Operating Engineer's License for the open competitive examination for Chief Operating Engineer 1 (S9017W).
ACTION: The Merit System Board directed that this appeal be denied.
B-38 MARTHA S. THEISE
Martha S. Theise appeals the determination of the Division of Selection Services, which found that she did not meet the education and experience requirements for the open competitive examination for Accounting Assistant (C6210O), Essex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-39 JULES UNTENER
Jules Untener appeals the determination of the Division of Selection Services which determined that he did not meet the educational requirements for the open competitive examination for Securities Market Trader Trainee (S6187A).
ACTION: The Merit System Board directed that this appeal be denied.
B-40 PAULA VAN CLEF
Paula Van Clef 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 Coordinator Community Health Services (C6495W), Middlesex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-41 GARRY WHEELER STONE
Garry Wheeler Stone appeals the determination of the Division of Selection Services, which found that he did not meet the education requirements for the open competitive examination for Superintendent, Parks and Forestry 4 (S0347W), Department of Environmental Protection.
ACTION: The Merit System Board directed that this appeal be denied.
B-42 JEWEL C. BATON, ET AL.
Jewel C. Baton, et al. appeal the promotional examinations as follows: Katherine M. Friel, Ruth Mathis, Human Resource Consultant 2 (PS6914C), Lisa Ann Makai, Human Resource Consultant 3 (PS6927C), Jewel C. Baton, Anna V. Brennan, Mary Ann Burke, Diane T. Fayad, Human Resource Consultant 4 (PS6928C), and Jewel C. Baton, Mary Ann Burke, Diane T. Fayad, Arthur Hoenig, Robert J. Hoyd, Stanley A. Kierney, Martha Y. Manzo, Stephen Pfeiffer, Human Resource Consultant 5 (PS6929C), Department of Personnel. It is noted that this matter was held over from the Board's October 11, 2000 meeting.
ACTION: The Merit System Board directed that these appeals be denied.
VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-43 MARION PRESTI, ET AL.
Appellants Marion Presti, Richard D. Byer and Frank J. Pinto, represented by Virginia A. Wolf, Executive Vice President, CWA Local 1038, appeal the validity and content of the Employment Services Specialist 2, Account Executive (PS3376N), promotional examination for the Department of Labor. It is noted that this matter was held over from the Board's October 11, 2000 meeting.
ACTION: The Merit System Board directed that these appeals be granted.
VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-44 PIERRE R. ALCINE
Pierre R. Alcine appeals his score for the open competitive examination for Family Service Specialist Trainee (S6024O).
ACTION: The Merit System Board directed that this appeal be denied.
B-45 MIGUEL A. GONELL
Miguel A. Gonell appeals his score for the open competitive examination for Family Service Specialist Trainee (S6024O).
ACTION: The Merit System Board directed that this appeal be denied.
B-46 PAUL OKAFOR
Paul Okafor requests reconsideration of the Merit System Board decision regarding his score on the examination for Auditor 2, Taxation (PS6169U), Department of the Treasury.
ACTION: The Merit System Board denied the request for reconsideration.
B-47 ENOCH UTUK
Enoch Utuk appeals his score for the open competitive examination for Family Service Specialist Trainee (S6024O).
ACTION: The Merit System Board directed that this appeal be denied.
B-48 CHARLES COLEMAN
The Department of Human Services requests that the out-of- title work performed by Charles Coleman, while serving in the title of Stores Clerk, be accepted as applicable for a provisional appointment, pending promotional examination, to the title of Storekeeper 2.
ACTION: The Merit System Board granted the request.
B-49 CAROL ROACH
The Division of Selection Services, on behalf of the Department of the Treasury, requests that Carol Roach's out- of-title work experience be accepted to qualify her for a lateral title change to Auditor 3, Taxation.
ACTION: The Merit System Board granted the request.
B-50 TENISE J. SHERMAN
The Division of Selection Services, on behalf of the Department of the Treasury, requests that out-of-title work performed by Tenise J. Sherman be accepted to qualify her for a prospective promotional examination for Senior Fiscal Analyst.
ACTION: The Merit System Board granted the request.
B-51 RANDY GRAHAM
Randy Graham appeals the failure to have his name certified from the Family Service Specialist 3 (S0066O) open competitive examination eligible list. Appellant appealed the determination of the Division of Selection Services which initially found that appellant did not meet the educational requirements for the Family Service Specialist 3 (S0066O) open competitive examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-52 FIRE OFFICIAL, UFD (PM3145V), ATLANTIC CITY
Richard Randall Jordan, President of the Atlantic City Professional Fire Fighters Local 198, appeals the posting and distribution of applications to eligible candidates for the promotional examination for Fire Official, UFD (PM3145V), Atlantic City.
ACTION: The Merit System Board directed that this appeal be denied.
B-53 ERNEST VELTRE
Ernest Veltre requests an opportunity to complete an application and a questionnaire in order to participate in the open competitive examination for Housing Inspector (M6933A), North Bergen Township.
ACTION: The Merit System Board granted the request.
B-54 WILLIAM BOES, ET AL.
The Township of Parsippany-Troy Hills, represented by Stephen Trimboli, Esq., appeal on behalf of William Boes, John Butkus, Douglas Cleary, Gary DeFrank, Desiree Dunn, Ralph Freudeman, Charles Grames, Helaine Harris, John Jablonski, Eric Litschi, Pamely Mabey, Janine Torsiello, Martin Ventura, Edward Wahlers, Richard Williams, and Jody Young, the determination of the Division of Human Resource Management that they be required to take open competitive or promotional examinations for positions that they have held beyond 12 months as provisionals.
ACTION: The Merit System Board directed that these appeals be denied.
B-55 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of October 11, 2000 are submitted for adoption.
ACTION: The Merit System Board directed that this matter be held over.
B-56 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of September 26, 2000 are submitted for adoption.
ACTION: The Merit System Board directed that this matter be held over.
B-57 BARBARA ARCHIE
The appeal of Barbara Archie, a Cottage Training Technician at Woodbine Developmental Center, Department of Human Services, of her removals effective February 18 and March 10, 1999 on charges, was heard by Administrative Law Judge Joseph F. Martone (ALJ), who rendered his initial decision on July 28, 2000. At its meeting on September 12, 2000, the Board adopted the ALJ's recommendation upholding the removals. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board directed that this matter be held over.
B-58 CORY EMELE
The appeal of Cory Emele, a Senior Correction Officer with Mountainview Youth Correctional Facility, Department of Corrections, of his removal effective December 10, 1998 on charges, was heard by Administrative Law Judge Steven C. Reback (ALJ), who rendered his initial decision on July 11, 2000. At its meeting on September 12, 2000, the Merit System Board did not adopt the ALJ's recommendation to uphold the removal. Rather, the Board ordered that the matter be remanded to the Office of Administrative Law. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board directed that this matter be held over.
B-59 ABDUL-GHAFUR FAIZ
The appeal of Abdul-Ghafur Faiz, a Senior Correction Officer with New Jersey State Prison, Department of Corrections, concerning his 30-day suspension beginning September 26, 1998 on charges, was heard by Administrative Law Judge Kathryn A. Clark (ALJ), who rendered her initial decision on August 3, 2000. At its meeting on September 12, 2000, the Merit System Board (Board) did not adopt the ALJ's recommendation to modify the penalty to a 10-day suspension. Rather, 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 directed that this matter be held over.
B-60 JUAN DIEGO FEEHAN
The appeal of Juan Diego Feehan, an Income Maintenance Technician, Bilingual in Spanish and English, with the Middlesex County Board of Social Services, of his 25-day suspension beginning October 7, 1999 on charges, was heard by Administrative Law Judge Anthony T. Bruno (ALJ), who rendered his initial decision on August 2, 2000. At its meeting on September 12, 2000, the Merit System Board adopted the recommendation of the ALJ to uphold the suspension. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board directed that this matter be held over.
B-61 JOANNE JOBECK
The appeal of Joanne Jobeck, a Principal Data Control Clerk with Union County, of her resignation not in good standing effective March 2, 1998, was heard by Administrative Law Judge Diana C. Sukovich (ALJ), who rendered her initial decision on June 26, 2000. At its meeting on September 12, 2000, the Merit System Board adopted the ALJ's recommendation to uphold the resignation not in good standing. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board directed that this matter be held over.
B-62 GEORGE JOHNSON
The appeal of George Johnson, a Police Officer with the Deptford Township Police Department, of his bypass on the Police Sergeant (PM4746P), Deptford Township eligible list, was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on May 4, 2000. At its meeting on September 12, 2000, the Board adopted the ALJ's recommendation to dismiss the appeal. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board directed that this matter be held over.
B-63 WILLIAM BATE
The appeal of William Bate, a Probation Officer with the Judiciary, Essex Vicinage, of his 20-day suspension beginning July 14, 1997, and his removal effective May 5, 1998 on charges, was heard by Administrative Law Judge Maria Mancini LaFiandra, who rendered her initial decision on August 1, 2000, upholding the 20-day suspension and the removal. At its meeting on September 12, 2000, the Board adopted the recommendation to uphold the 20-day suspension but modified the removal to a resignation in good standing. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board directed that this matter be held over.
B-64 ROBERT J. SCHNUR
The appeal of Robert J. Schnur, a Senior Correction Officer at South Woods State Prison, Department of Corrections, of his removal effective April 28, 1999 on charges, was heard by Administrative Law Judge Steven C. Reback (ALJ), who rendered his initial decision on July 20, 2000, upholding the removal. At its meeting on September 12, 2000, the Merit System Board (Board) adopted the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board directed that this matter be held over.
B-65 KATHERINE BERGMANN
The appeal of Katherine Bergmann, an unclassified Secretary to the Warren County Prosecutor, of her removal effective July 24, 1995, was heard by Administrative Law Judge Thomas R. Vena who rendered his initial decision on October 12, 1999, upholding the removal. At its meeting on September 26, 2000, 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 directed that this matter be held over.
B-66 JENNIFER HARRIS
The appeal of Jennifer Harris, an Institutional Attendant at Preakness Hospital, Passaic County, of her 10-day suspension on charges, was heard by Administrative Law Judge Maria Mancini LaFiandra who rendered her initial decision on August 21, 2000, recommending that the 10-day suspension be modified to a seven-day suspension. At its meeting on September 26, 2000, the Board did not adopt the ALJ's recommendation. Rather, the Board upheld the 10-day suspension. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board directed that this matter be held over.
B-67 ANDREW THOMAS
The appeal of Andrew Thomas, a Family Service Worker with the Essex County Department of Citizen Services, of his removal effective March 14, 1997 on charges, was heard by Administrative Law Judge Arnold Samuels (ALJ), who rendered his initial decision on August 1, 2000. At its meeting on September 26, 2000, the Board adopted the ALJ's recommendation to uphold the removal. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board directed that this matter be held over.
B-68 LAWRENCE M. DAVIS
Lawrence M. Davis, a Police Officer with the City of Trenton, represented by Rita F. Barone, Esq., petitions the Merit System Board for interim relief.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-69 CHARLES CUTLER
The Township of Allamuchy (Township), represented by Beth Hinsdale, Esq., requests interlocutory review of the August 22, 2000 Order of Administrative Law Judge Michael L. Ravin (ALJ) in In the Matter of Charles Cutler pursuant to N.J.A.C. 1:1-14.10(a).
ACTION: The Merit System Board granted the request for interlocutory review, modified the Order of the Administrative Law Judge and denied the appellant's motion.
B-70 JAMES P. SUSZYNSKI
James P. Suszynski appeals the determination of the Division of Selection Services which found that Maureen McGlashon and Dorothea Vaccaro were eligible for the promotional examination for Assistant Administrative Supervisor of Income Maintenance (PC0673A) Burlington County.
ACTION: The Merit System Board directed that this appeal be denied.
B-71 MARIA SOTO, SECURITY GUARD (M1097A)
The Vineland City Public School District requests a waiver of competitive examination for Maria Soto.
ACTION: The Merit System Board granted the request.
B-72 EARLY SETTLEMENTS
Dorothy Ashton Woodbine Developmental Center Department of Human Services Removals (2)
Dawn DelBacco Hunterdon Developmental Center Department of Human Services Removal
Nelson Ferrer Department of Military and Veterans' Affairs Removals (2)
Stacey LeSane New Jersey Veterans' Memorial Home Paramus New Jersey Department of Military and Veterans' Affairs Release at the end of the working test period
Kevin Ray New Lisbon Developmental Center Department of Human Services 10-day Suspension and Removal
Kathie Riley Hunterdon Developmental Center Department of Human Services Removal
ACTION: The Merit System Board acknowledged the settlements.
B-73 JUAN GONZALEZ
The appeal of Juan Gonzalez, a Police Officer with the City of Newark, of his release at the end of his working test period, effective July 23, 1999, was heard before Administrative Law Judge Edith Klinger (ALJ), who rendered her initial decision on July 18, 2000, reversing the release at the end of the working test period. At its meeting on September 12, 2000, the Board ordered that the matter be remanded to the Office of Administrative Law. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board directed that this matter be held over.
B-74 MARK ODOM
The appeal of Mark Odom, a Police Officer with the City of Newark, of his 10-day suspension on charges, was heard before Administrative Law Judge Maria Mancini LaFiandra (ALJ), who rendered her initial decision on August 7, 2000. In that decision, the ALJ noted that the appellant withdrew his appeal of the 10-day suspension and also awarded him back pay from January 23, 1997 to September 1997, the period of his indefinite suspension, and counsel fees. At its meeting on September 12, 2000, the Board adopted the ALJ's recommendation that the appellant be awarded back pay but did not adopt the recommendation that the appellant be awarded counsel fees. The Board also acknowledged the withdrawal of the appellant's appeal of his 10-day suspension. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board directed that this matter be held over.
B-75 JOSEPH GALLANT
The appeal of Joseph Gallant, a Police Officer with the City of Newark, of his removal effective June 16, 1997 on charges, was heard by Administrative Law Judge Elinor R. Reiner (ALJ), who rendered her initial decision on August 16, 2000, upholding the removal. At its meeting on September 26, 2000, 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 directed that this matter be held over.
B-76 MARK HAGANS
The appeal of Mark Hagans, a Sanitation Inspector with the City of Newark, of his removal effective February 21, 1997 on charges, was heard by Administrative Law Judge Irene Jones who rendered her initial decision on July 27, 2000, granting Newark's motion for summary judgment and dismissing the appellant's appeal. At its meeting on September 26, 2000, 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 directed that this matter be held over.
B-77 JOHN HOWARD
The appeal of John Howard, a Cook with the Passaic County Sheriff's Department of his removal effective February 11, 1997 on charges, was the subject of a settlement conference conducted by Administrative Law Judge Elinor R. Reiner who rendered her initial decision on August 23, 2000, approving the settlement. At its meeting on September 26, 2000, the Board acknowledged the settlement. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board directed that this matter be held over.
There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, November 8, 2000, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
__________________________________ JANICE MITCHELL MINTZ COMMISSIONER MERIT SYSTEM BOARD |
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© State of New Jersey Civil Service Commission |
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