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Meeting Minutes of December19, 2000
Janice Mitchell Mintz, Chairwoman Alan Dexter Bowman Margaret E. L. Howard Judith L. Shaw Leo R. Vartan
A regular meeting of the Merit System Board was held on Tuesday, December 19, 2000, in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz, Merit System Board Members, Alan Dexter Bowman, Margaret E.L. Howard, Judith L. Shaw, and Leo 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.
STATE
The Merit System Board recorded the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof.
DATE: November 10, 2000
TO: Janice M. Mintz, 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 Compensation Plan - New Title
DEPARTMENT OF THE TREASURY
The Department of the Treasury has requested the creation of a new title to develop and supervise staff responsible for the development of Division of Pensions and Benefits program operating units.
A position study confirmed the Department contention that a new title is needed. A review of the Hay evaluation factors indicates that a salary evaluation for S27 for this title is justified. We are recommending the S bargaining unit for this new title because it will supervise the Pensions Benefits Specialist 1, R24.
ADDITION OF TITLE Effective: April 22, 2000
Supervising Pensions Benefits Specialist S27 D NL12
DATE: December 19, 2000
TO: Janice M. Mintz, 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 PERSONNEL
This department is requesting the following position number be reallocated from the Career Service into the Senior Executive Service as set forth in N.J.A.C. 4A:3-2.2.
As a result of an organizational restructuring resulting from an extensive needs assessment and analysis, it has been determined to revamp a number of programs in the Selection and Placement division to better meet the needs of our clients. The programs under redevelopment are the Open, Promotional, Recruitment, and Eligibility Review and Determination. In addition to the expanding areas of human resource recruitment, this program element must provide these services in an ever changing technological environment. Therefore, the position responsible for these program areas will be breaking new ground in the development of policies and procedures for effective and efficient transition of operations with little or no affect on current delivery of services.
The areas of program control and policy-making are second only to the scope of freedom of action, consequence of error and decision impact. Additionally, this position reports directly to the Director of Selection Services, which is allocated to the Senior Executive Services. As a result, this position meets all of the criteria mandated by N.J.A.C. 4A:3-2.2 for allocation to the Senior Executive Service.
In view of the above, we are requesting approval for the reallocation of Position #008168 from the Career Service to the Senior Executive Service effective October 21, 2000.
REALLOCATION OF SERVICE Effective Date: 10/21/00 Position # 008168
From: Manager 1, CSC M32-56883 To: Senior Executive Service M98-90752
VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Joanne J. Brown, Senior Clerk Stenographer, County of Union, suspension.
Sylvella Chambers, Building Maintenance Worker, County of Essex, suspension.
Gloria F. Colter, Probation Officer, Administrative Office of the Courts, Judiciary - Bergen Vicinage, release at the end of the working test period.
Deborah DiVento, County Correction Officer, County of Camden, resignation not in good standing.
Hope Eze, Department of the Treasury, Division of Taxation, list removal.
Gerard Prince, Water Leak Detector, City of Newark, removal.
Marie Rogerson, Accountant III, Department of Health and Senior Services, suspension.
Ruben Ramos, Senior Housing Manager, Housing Authority of the City of Hoboken, suspension.
Edward F. Scardelli, Jr., Building Maintenance Worker, County of Essex, layoff.
Donald Strebig, Animal Control Officer, Town of Phillipsburg, 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:
Deborah Jones, Practical Nurse, Department of Human Services, North Jersey Developmental Center, resignation not in good standing.
Michael Walker, Police Officer, City of Irvington, suspension.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Giovanna Apolito Jersey City School District Suspension
In the Matter of Francis Battle Woodbridge Developmental Center Department of Human Services Removals (2)
In the Matter of Adrian B. Ellison New Jersey State Prison Department of Corrections Suspension
In the Matter of Greta E. Foxworth State Transitional Housing Military and Veterans' Affairs Suspension
In the Matter of Gary McClean Newark Housing Authority Removal
In the Matter of Janet Myrwold County of Ocean Board of Health Resignation not in good standing
In the Matter of Benjamin Newton Northern State Prison Department of Corrections Suspension
In the Matter of Anthony Richburg County of Hudson Department of Corrections Suspension
In the Matter of Sandra Singleton County of Mercer Department of Public Safety Removal
In the Matter of Gerald Sowa NJSB Jamesburg Juvenile Justice Commission Suspension
In the Matter of Denise Szeker Department of the Treasury Division of Investment Removal and Resignation not in good standing
Elmer Walter City of Atlantic City Administration 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 Janet Myrwold, which was held over.
A-2 BERGEN PINES COUNTY HOSPITAL (CONSOLIDATION)
Bergen Pines County Hospital, layoff effective March 1, 1998, for reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Grant appointing authority's motion for summary decision, deny appellant's motion for summary decision and uphold the layoff.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Abstained) Leo Vartan (Yes)
A-3 APRIL BOYKINS
April Boykins, County Correction Officer, County of Burlington, County Jail, removal effective January 22, 1999, on charges of conduct unbecoming a public employee and neglect of duty.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-4 LAWRENCE C. DANIELS
Lawrence C. Daniels, Senior Correction Officer, East Jersey State Prison, Department of Corrections, suspension for 60 days, on charges of conduct unbecoming a public employee and threatening, intimidating, harassing, coercing or interfering with a fellow employee on State property.
Recommendation of the Administrative Law Judge - Uphold the 60-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-5 CRAIG GILMORE
Craig Gilmore, Police Officer, City of Passaic, Police Department, suspension for 45 days, on charges of chronic or excessive absenteeism.
Recommendation of the Administrative Law Judge - Modify the 45-day suspension to a 30-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A motion was made and seconded that the open session be recessed and that, pursuant to Section 12(b) of the Open Public Meetings Act, the Merit System Board entered into Executive Session for the purpose of legal advice on the matters of A-6 Lamont Walker and A-11 Datina Rinn. The Board subsequently reconvened the public meeting.
A-6 LAMONT WALKER (REMAND)
Lamont Walker, Supervising Building Maintenance Worker, County of Burlington, Department of Buildings and Grounds, suspension for 10 days and demotion to the position of Building Maintenance Worker and removal effective August 5, 1996, on charges of incompentecy, inefficiency and failure to perform duties, conduct unbecoming a public employee, neglect of duty, misuse of a County vehicle, driving while on the suspended list and unauthorized absence.
Recommendation of the Administrative Law Judge - Uphold the 10-day suspension, demotion and removal.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge; the Board upheld the 10-day suspension and demotion, reversed the removal, and awarded back pay and partial counsel fees.
A-7 ELAINE JEFFERSON - SETTLEMENT
Elaine Jefferson, Correction Lieutenant, Mountainview Youth Correctional Facility, Department of Corrections, suspension for 10 days, on charges of insubordination. Settled to a modification of the 10-day suspension to a written reprimand and a reimbursement of 10 days back pay.
Recommendation of the Administrative Law Judge - Acknowledge the settlement
ACTION: The Merit System Board acknowledged the settlement as clarified.
A-8 ROSELYN NAPIER - SETTLEMENT
Roselyn Napier, Identification Clerk, City of Paterson, Department of Public Safety, suspension, on charges of conduct unbecoming a public employee and misuse of public property. Settled to a 60-day suspension and reimbursement of $11,000.
Recommendation of the Administrative Law Judge - Acknowledge the settlement
ACTION: The Merit System Board acknowledged the settlement as clarified.
A-9 BAZYT BERGUS
Bazyt Bergus, Police Sergeant, City of Newark, removal effective August 19, 1998, on charges of criminal law, conduct, use of force, language, neglect of duty, acts of omission, aiding or abetting, police uniform and official inefficiency or incompetency.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a 10-day suspension.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
A-10 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 modified the recommendation of the Administrative Law Judge to a 10-day suspension.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (No) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
A-11 DATINA RINN
Datina Rinn, Police Lieutenant, City of Jersey City, Police Department, suspension for 60 days, on charges of chronic or excessive absenteeism.
Recommendation of the Administrative Law Judge - Modify the 60-day suspension to a 5-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
SECTION B - MISCELLANOUS MATTERS
B-1 CHARLES BROWN
Charles Brown appeals his rejection as a County Correction Officer candidate by the County of Union and its request to remove his name from the eligible list for County Correction Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be granted.
B-2 JUAN C. BERTANCOURTH
Juan C. Bertancourth, represented by Peter J. Cresci, Esq., appeals his rejection as a Sheriff's Officer candidate by the County of Hudson and its request to remove his name from the eligible list for Sheriff's Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this matter be held over.
B-3 JOHN A. FRANKLIN
John A. Franklin appeals his rejection as a Police Officer candidate by the City of Plainfield and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be granted.
B-4 RAFAEL FREITAS
Rafael Freitas, represented by Charles M. Grossman, Esq., appeals his rejection as a Police Officer candidate by the City of Newark and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be granted.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-5 THOMAS GRAY
Thomas Gray, represented by Anthony J. Fusco, Jr., Esq., appeals his rejection as a Police Officer candidate by the City of Bayonne and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-6 MICHAEL RIPP
Michael Ripp, represented by Thomas J. Cammarata, Esq., appeals his rejection as a Police Officer candidate by the City of Bayonne and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-7 MICHAEL TURNER
Michael Turner appeals his rejection as a Police Officer candidate by the City of Trenton and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be granted.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-8 ABINADAB VIRUET, JR.
Abinadab Viruet, Jr., represented by Nicole L. Masciarella, Esq., appeals his rejection as a Police Officer candidate by the City of Passaic and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-9 RONALD GALLAGHER
Ronald Gallagher, a Construction and Maintenance Technician 1 with the Department of Transportation, represented by David Nack, Local Representative, CWA Local 1032, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-10 NANCY MURPHY
Nancy Murphy, a Senior Therapy Program Assistant with Ancora Psychiatric Hospital, Department of Human Services (DHS), appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this matter be held over.
B-11 DORIS RENNINGS
Doris Rennings, a Head Nurse at the Senator Garrett W. Hagedorn Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this matter be held over.
B-12 JO WILLS
Jo Wills, a former Auditor 1, retired effective October 31, 1997, with the Department of Health and Senior Services, requests reconsideration of the final administrative decision, rendered on June 21, 1999, which denied Willis' request for sick leave injury (SLI) benefits.
ACTION: The Merit System Board denied the request for reconsideration.
B-13 CARRIE MATLOCK-GREENE
Carrie Matlock-Greene, a Legal Secretary 1 with the Department of Law and Public Safety, appeals the determination of the Attorney General stating that the appellant was not discriminated against based on her race.
ACTION: The Merit System Board directed that this appeal be denied.
B-14 DIANE SEBASTIAN
Diane Sebastian, a Technical Assistant 1, Community Affairs, with the Department of Community Affairs (DCA), appeals the decision of the Commissioner, DCA, which found that appellant failed to present sufficient evidence to support a finding of probable cause that she was a victim of sexual harassment.
ACTION: The Merit System Board granted a hearing.
B-15 DIANE ALVINE
Diane Alvine appeals the decision of Human Resource Information Systems (HRIS) which found that the Department of Labor had presented a sufficient basis to remove appellant's name from the Vocational Rehabilitation Counselor (S0286O) eligible list, due to her failure to appear for an interview.
ACTION: The Merit System Board directed that this appeal be denied.
B-16 JOSEPH ROSATO
Joseph Rosato appeals the decision of Human Resource Information Services which found that Hudson County had presented a sufficient basis to remove appellant's name from the County Correction Officer (S9998U) eligible list due to his failure to appear for a scheduled interview.
ACTION: The Merit System Board directed that this appeal be denied.
B-17 JAMES DUFFY
James Duffy, an Insurance Examiner I with the Department of Banking and Insurance, appeals the decision of Human Resource Information Systems, which upheld the bypass of this name on the Supervising Insurance Examiner (PS4871L) eligible list.
ACTION: The Merit System Board directed that this appeal be denied.
B-18 ANTONIO ROMAN
Antonio Roman, represented by James D. Hamilton, Jr., Esq., appeals the decision of Selection Services which found that the City of Camden had presented a sufficient basis to remove the appellant's name from the Police Officer (S9999W), City of Camden eligible list on the basis of an unsatisfactory criminal record.
ACTION: The Merit System Board directed that this appeal be granted.
B-19 JOSEPH ABALIHI
Joseph Abalihi, represented by T. Lambert Tamin, Esq., requests that the Merit System Board revive the eligible list for Parole Officer Recruit (S0102O), Juvenile Justice Commission, to provide him with an opportunity to be considered for appointment consistent with the determination of Selection Services.
ACTION: The Merit System Board granted the request to revive the list.
B-20 LORETTA FRANCO
Loretta Franco, an Administrative Analyst 2 with the Juvenile Justice Commission, represented by Sidney H. Lehmann, Esq., appeals the determination of Human Resource Information Services that she was not entitled to differential back pay for the period that the appointing authority failed to appoint her from the Administrative Analyst 2 (PS6549P) eligible list while a provisional appointee was serving in the subject position.
ACTION: The Merit System Board granted a hearing.
B-21 PAUL DENNIS
Paul Dennis, a Correction Sergeant at Mountainview Youth Correctional Facility, Department of Corrections represented by Robert B. Reed, Esq., seeks enforcement of that part of the Merit System Board decision rendered on November 24, 1998, granting him back pay for the period for January 14, 1998, following his three-month suspension, through March 12, 1999, the date of his reinstatement. In addition, appellant requests interest on his back pay award.
ACTION: The Merit System Board granted back pay in the amount of $66,592.61, but denied an award of interest.
B-22 ACCOUNT CLERK (M0806U), JERSEY CITY
The appointing authority requests permission not to make an appointment from the certification for Account Clerk (M0806U), Jersey City.
ACTION: The Merit System Board granted the request for an appointment waiver but assessed partial costs.
B-23 CODE ENFORCEMENT OFFICER (M6559W), BOROUGH OF POMPTON LAKES
The appointing authority requests permission not to make an appointment from the certification for Code Enforcement Officer (M6559W), Borough of Pompton Lakes.
ACTION: The Merit System Board granted the request for an appointment waiver and assessed no costs.
B-24 INCOME MAINTENANCE TECHNICIAN (M0487T), CITY OF NEWARK
The appointing authority requests permission not to make an appointment from the certification for Income Maintenance Technician (M0487T), City of Newark.
ACTION: The Merit System Board granted the request for an appointment waiver but assessed costs.
B-25 SOCIAL CASEWORKER (M0790W), CITY OF EAST ORANGE
The matter of whether the appointing authority should be granted permission not to make an appointment from the certification for Social Caseworker (M0790W), City of East Orange has been referred to the Merit System Board for review.
ACTION: The Merit System Board granted the request for an appointment waiver but assessed partial costs.
B-26 CLERK (SPECIAL REEMPLOYMENT LIST) CITY OF ORANGE
The City of Orange requests reconsideration of the decision rendered on July 11, 2000 by the Merit System Board in In the Matter of Clerk (Special Reemployment List), City of Orange, which ordered it to immediately remove the provisional, Denise McLaurin, and to pay compliance processing costs in the amount of $250.
ACTION: The Merit System Board granted the request for reconsideration and rescinded the $250, which was assessed in compliance costs.
B-27 ROBERT R. FARRELL, SR.
Robert R. Farrell, Sr., a former Fire Fighter with the City of Asbury Park, requests interim relief in regard to his immediate suspension, effective September 26, 2000, on the charge that he is medically unable to perform the duties of his position.
ACTION: The Merit System Board granted the request for interim relief.
B-28 JUDE LUONGO
Jude Luongo, an Assistant Construction Management Specialist with the State-Operated School District of the City of Newark, represented by Jennifer E. Moran, Esq., petitions the Merit System Board for interim relief with regard to his immediate suspension effective August 23, 2000 on charges.
ACTION: The Merit System Board determined the petitioner to have permanent status, but denied the request for interim relief.
B-29 DAVID WEISS
David Weiss, a Police Lieutenant with the Perth Amboy Police Department, represented by David J. DeFillippo, Esq., petitions the Merit System Board for interim relief with regard to his suspension for 180 working days and demotion to Police Sergeant on charges.
ACTION: The Merit System Board denied the request for interim relief and modified the penalty imposed to a demotion and suspension for 180 calendar days, beginning November 23, 2000 and ending on May 23, 2001.
B-30 JOHN ANSTISS
The City of Newark, represented by Lenora E. Marshall, Assistant Corporation Counsel, petitions the Merit System Board for reconsideration of its decision, rendered February 8, 2000, which denied its request to remove the name of John Anstiss from the eligible list for Construction Official (M6287O), City of Newark based on his failure to meet the residency requirement.
ACTION: The Merit System Board denied the request for reconsideration.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-31 FRANCIS DASCOLI
Francis Dascoli, formerly a Police Officer with the Township of West Orange, petitions the Merit System Board (Board) for reconsideration of its final administrative decision rendered on July 11, 2000.
ACTION: The Merit System Board denied the request for reconsideration.
B-32 KEVIN HALL
The Superior Court, Appellate Division, has reversed and remanded the decision of the Merit System Board in In the Matter of Kevin Hall (MSB, decided April 20, 1999), reversed and remanded, ___N.J. Super. ___ (App. Div. 2000), for effectuation of an order upholding the removal of Hall effective January 2, 1996 from his position as Police Officer with the City of Camden.
ACTION: The Merit System Board affirmed the removal of the appellant from his position as Police Officer, City of Camden, effective June 2, 1996.
B-33 JAMES PIZZULLO
The appeal of James Pizzullo, formerly a Police Sergeant with the Hamilton Police Department, of his 30-day suspension and demotion to Police Officer, on charges, was heard by Administrative Law Judge Elinor R. Reiner (ALJ), who rendered her initial decision on August 30, 2000. At its meeting on November 14, 2000, the Merit System Board (Board) adopted the ALJ's recommendation to uphold the 30- day suspension and demotion to Police Officer. The proposed final decision is not submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-34 DANIEL DEL VALLE
The appointing authority for the Passaic County Sheriff's Department appeals the determination of Human Resource Information Services which denied its request to record Daniel Del Valle's regular appointment from the Security Guard (C0544O).
ACTION: The Merit System Board directed that this appeal be granted.
B-35 GEORGE F. BOYER
George F. Boyer, represented by Mary L. Crangle, Esq., appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Public Works Superintendent (PM0731A), City of Camden.
ACTION: The Merit System Board directed that this appeal be denied.
B-36 CARMEN L. CACABELOS
Carmen L. Cacabelos appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Secretarial Assistant 3 (Non-Stenographic) (PS0607E), Department of Military and Veterans Affairs.
ACTION: The Merit System Board directed that this appeal be granted.
B-37 YOSMARI C. DIAZ
Yosmari C. Diaz 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 Counselor, Victim-Witness Program (C1016A), Middlesex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-38 ANNE L. JACOBSEN
Anne L. Jacobsen appeals the determination of the Division of Selection Services which found that she was ineligible for the promotional examination for Analyst 1, Health Care Facilities (Mental Health Services) (PS0452K), Human Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-39 MARK KEARS
Mark Kears appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Supervising Program Support Specialist (Assistance Programs) (PS8797K), Division of Youth and Family Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-40 JERYL KRAUTLE
Jeryl Krautle appeals the determination of the Division of Selection Services, which found that she failed to indicate the proper license for the promotional examination for Senior Public Health Nurse (PC0297A), Monmouth County.
ACTION: The Merit System Board directed that this appeal be granted.
B-41 DAVID W. MOHR
David W. Mohr appeals the determination of the Division of Selection Services which found that he did not meet the experience requirement for the promotional examination for Assistant Warehouse Supervisor (PC1029U), Morris County.
ACTION: The Merit System Board directed that this appeal be granted.
B-42 KARON NEWMAN
Karon Newman appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Management and Operations Analyst 1 (PS7343K), Division of Medical Assistance and Health Services.
ACTION: The Merit System Board directed that this appeal be granted.
B-43 EDWARD PALLAY
Edward Pallay appeals the determination of the Division of Selection Services that he did not possess the required license in order to be eligible for the open competitive examination for Plumbing Inspector (M9246A), Freehold Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-44 CHRISTINE E. SANTIAGO
Christine E. Santiago appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for the promotional examination for Principal Clerk Bookkeeper (PS9913I), Edna Mahan Correctional Facility for Women.
ACTION: The Merit System Board directed that this appeal be granted.
B-45 STAN SIERAKOWSKI
Stan Sierakowski appeals the determination of the Division of Selection Services which found that he did not meet the experience requirement for the promotional examination for Coordinator of Special Transportation (PC0027W), Middlesex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-46 JANICE STEWARD
Janice Steward 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 Management and Operations Analyst 1 (PS7343K), Division of Medical Assistance and Health Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-47 VINETTE TATE
Vinette Tate appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Supervising Program Support Specialist (Assistance Programs) (PS8797K), Division of Youth and Family Services.
ACTION: The Merit System Board directed that this appeal be granted.
B-48 CHRISTOPHER WOLF
Christopher Wolf appeals his ineligibility for the Entry Level Law Enforcement examination (S9999B).
ACTION: The Merit System Board directed that this appeal be denied.
B-49 JACQUELINE ZAVAGLIA
Jacqueline Zavaglia appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Supervising Program Support Specialist (Assistance Programs) (PS8797K), Division of Youth and Family Services.
ACTION: The Merit System Board directed that this appeal be granted.
B-50 CHRIS JANIEC
Chris Janiec appeals the decision of the Division of Human Resource Management which found that he lacked the required amount of permanent status in a title to which the examination was open for the examination for Sheriff's Officer Lieutenant (PC2628A), Bergen County.
ACTION: The Merit System Board directed that this appeal be denied.
B-51 JOSEPH BERNHARDT, ET AL.
Joseph Bernhardt, Carmen Castaldi, Neil Clark, James Craig, Steven Falk, John Gaspari, John Giambelluca, Darnell Hardwick, Anthony Infante, Edward Inman, William Mason, Sharon Pullen, Dennis Rodriguez, Arthur Steiner, Edward Sytnik and Donald Von Dreele appeal their scores on the promotional examination for Construction and Maintenance Technician 1 (PS9279T), Department of Transportation.
ACTION: The Merit System Board directed that these appeal be denied but the applications of Messrs. Gaspari, Hassell, Hoonhout, Infante, Reimer and Rodriguez and Ms. Pullen should be rescored.
B-52 COLLEEN CONOVER
Colleen Conover appeals her score for the physical performance and written portions of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-53 JOVONYIN HAWKINS
Jovonyin Hawkins appeals his score for the physical performance portion of the Fire Fighter (M9999A) examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-54 FRED LONGOBARDI
Fred Longobardi appeals his score on the examination for Deputy Fire Chief (PM3539A), Hackensack.
ACTION: The Merit System Board directed that this appeal be denied.
B-55 MICHAEL J. MARELLI
Michael J. Marelli appeals his score for the examination for Police Captain (PM3561A), Newark.
ACTION: The Merit System Board directed that this appeal be denied.
B-56 VINCENT MEALY
Vincent Mealy appeals his score on the examination for Deputy Fire Chief (PM3571A), Irvington.
ACTION: The Merit System Board directed that this appeal be denied.
B-57 FRANK O'NEILL
Frank O'Neill appeals his score on the Police Captain (PM1110W), Kearny promotional examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-58 JAMES ROCKLEIN
James Rocklein appeals his score on the examination for Deputy Fire Chief (PM3571A), Irvington.
ACTION: The Merit System Board directed that this appeal be denied.
B-59 HENRY M. ROSS
Henry M. Ross appeals his score and rank on the promotional examination for Operating Engineer, Heating and Air Conditioning (PS0766I), Department of Corrections.
ACTION: The Merit System Board directed that this appeal be denied.
B-60 KAMLESH SHAW
Kamlesh Shah appeals the determination of the Division of Selection Services regarding the score of the examination for Supervising Engineer 2, Surface Design (PS4270T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-61 DEBORAH SIRLEAF
Deborah Sirleaf appeals her failing score on the open competitive examination for Claims Adjudicator 3 Disability Determinations (S0271O).
ACTION: The Merit System Board directed that this appeal be denied.
B-62 VITTAL R. SITARAM
Vittal R. Sitaram appeals the determination of the Division of Selection Services regarding the score of the examination for Supervising Engineer 2, Surface Design (PS4270T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-63 DREW BENCIVENGO AND ROBERT PAINCHAUD
Drew Bencivengo and Robert Painchaud appeal their residency for the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-64 GEORGE BONNER
George Bonner appeals his residency designation for the Law Enforcement Candidate Record (LECR) examination for various titles (S9999A).
ACTION: The Merit System Board directed that this appeal be denied.
B-65 KEVIN FLYNN
Kevin Flynn appeals the determination of the Division of Selection Services, denying his request for 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-66 HECTOR R. GARCIA
Hector R. Garcia appeals the determination of the Division of Selection Services denying his request for a make-up examination for Police Sergeant (PM3776V), Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-67 BARRY HUNTER
Barry Hunter requests a make-up examination for Police Sergeant (PM2571A), Plainfield.
ACTION: The Merit System Board directed that this appeal be denied.
B-68 ALBERT SCARPULLA
Albert Scarpulla requests an opportunity to take a make-up of the physical performance portion of the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board denied the request.
B-69 PATRICK COSPITO
Patrick Cospito appeals the administration of the physical performance portion of the Fire Fighter (M9999A) examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-70 ROSE LAPSLEY
Rose Lapsley 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-71 JOSEPH TREANOR
Joseph Treanor appeals the administration of the promotional examination for Police Captain (PM3550B), Union City.
ACTION: The Merit System Board directed that this appeal be denied.
B-72 WILLIAM YIRCE
William Yirce appeals the administration of the promotional examination for Police Captain (PM3533B), Fair Lawn.
ACTION: The Merit System Board directed that this appeal be denied.
B-73 ROBERT F. CORCORAN
Robert F. Corcoran appeals the denial of veterans preference and his rank on the list for Deputy County Emergency Management Coordinator, Monmouth County (C6875B).
ACTION: The Merit System Board directed that this appeal be granted.
B-74 STEVEN FOSTEK, JR.
Steven Fostek, Jr. appeals the volunteer fire fighter points awarded to another candidate, Vincent Tracy, on the examination for Fire Fighter (M9999A).
ACTION: The Merit System Board directed that this appeal be granted.
B-75 ANN MARIE B. SPAGNOLA
The Assistant Director, Division of Selection Services, on behalf of the Town of Morristown, requests that Ann Marie B. Spagnola's out-of-title work experience be accepted to satisfy the experience requirement for admittance to the promotional examination for Management Specialist (PM0675B), Morristown.
ACTION: The Merit System Board granted the request.
B-76 GERARD CAMPENELLA, ET AL.
Gerard Campenella, Allyn Ciccone and Vincent Celfo, (PM2577A) Belleville; Danilo Garcia, represented by Larry Holtz, Esq., Jay Alpert, Tomas Padilla, represented by Larry Holtz, Esq., (PM2587A) Hackensack; John Mioduszewski, represented by Larry Holtz, Esq., (PM2589A) Holmdel Township; Kevin Craig and William Craig, Jr., (PM2591A) Jefferson; James Buckley, Robert Cowan, Joseph Delany, Michael Galano, Michael Kolidij, Edgard Martinez, Thomas Zirolli, represented by Larry Holtz, Esq., (PM2592A) Jersey City; Stephen Durkin, Thomas Osborne, and Scott Macfie, (PM2593A) Kearny; Dennis Brown, represented by Larry Holtz, Esq., John O'Brien, represented by Larry Holtz, Esq., Robert Spallina, (PM2594A) Little Egg Harbor Township; Eric Landau, represented by Larry Holtz, Esq., (PM2595A) Marlboro Township; Richard Cuccolo, Timothy Hague, Vincent Pabon, Kirk Rubel, Robert Wise, represented by Larry Holtz, Esq, (PM2599A) Newark; Thomas Connor Jr., and Alan Nichols, represented by Larry Holtz, Esq., (PM2604A) Pennsauken Township; Thomas Farrell, (PM2608A) Rutherford; John Waldron, represented by Larry Holtz, Esq., (PM2609A) Sayreville Borough; Anthony Campbell (PM2610A) Somerdale Borough; William Peer (PM2613A) Union City and Eugene Braun, (PM2622A) Linden; appeal the written examination for Police Lieutenant (various jurisdictions).
ACTION: The Merit System Board directed that these appeals be granted in part.
B-77 URSULA GRAGLIA
Ursula Graglia appeals the results of the written promotional examination for Head Clerk (PS6295P), Department of Law and Public Safety.
ACTION: The Merit System Board directed that this appeal be denied.
B-78 SABRINA CASTANON, ET AL.
Ken McNamara, Staff Representative, Communications Workers of America (CWA, Local 1037), on behalf of Sabrina Castanon, Jeanne F. Cuseglio, Yolanda M. Duenas, Deborah L. Ison, Rosalie Schaffer, ad Mari S. Tirado, petitions the Merit System Board for reconsideration of its decision rendered on September 12, 2000, in which their appeals relative to the promotional examination for Unemployment Insurance Clerk (PS6865N), Department of Labor, were denied.
ACTION: The Merit System Board directed that this request be denied.
B-79 ROBIN FOWLER
John Lubitsky, Manager 2, Human Resources, Trenton Psychiatric Hospital, on behalf of Robin Fowler, appeals the determination of the Division of Human Resource Information Services (HRIS) to remove Ms. Fowler's name from the special reemployment list for Principal Clerk.
ACTION: The Merit System Board directed that this appeal be granted.
B-80 SUPERVISORY TEST BATTERY LISTS
The Division of Selection Services requests modification of the expiration date for 29 Supervisory Test Battery eligible lists.
ACTION: The Merit System Board directed that this appeal be granted.
B-81 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of December 5, 2000 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of December 5, 2000.
B-82 MARY JO GLEASON
Mary Jo Gleason 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 Analyst 2 (Accounting) (PS8695I), South Woods State Prison.
ACTION: The Merit System Board directed that this appeal be granted.
B-83 TIM P. HERLIHY
Tim P. Herlihy appeals the determination of the Division of Selection Services regarding the scoring of the oral examination for Manager 1, Roadway Design, Transportation (PS4841T).
ACTION: The Merit System Board directed that this appeal be denied.
B-84 JOHN MALEY
John Maley appeals his score on the examination for Deputy Fire Chief (PM3540A), Harrison. This matter was held over from the meeting of December 5, 2000.
ACTION: The Merit System Board directed that this appeal be denied.
B-85 EARLY SETTLEMENTS
Miriam Choudry Division of Public Health and Environmental Labs Department of Health and Senior Services Resignation not in good standing
Thelma Seabrooks South Woods State Prison Department of Corrections 6-day suspension and 54-day suspension
Montaniz Stills Ann Klein Forensic Center Department of Human Services Release at the end of the working test period
Frank Umbrello Hunterdon Developmental Center Department of Human Services 10-day suspension
ACTION: The Merit System acknowledged the settlements.
B-86 WILLIAM ARMSTRONG
William Armstrong, a former Police Officer with the City of Beverly, represented by Charles F. Szymanski, Esq., seeks enforcement of the Commissioner of Personnel decision, rendered October 19, 2000, which found good cause to relax the provisions of N.J.A.C. 4A:4-7.1, to permit Armstrong's permanent in-title transfer from the City of Beverly to the City of Camden Police Department.
ACTION: The Merit System Board granted the request.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Abstained) Leo Vartan (Yes)
There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, January 17, 2001, 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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