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Meeting Minutes of March 13, 2001
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, March 13, 2001, 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; Elizabeth Laufer, 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 30, 2000, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified.
DATE: November 22, 2000
TO: Janice Mitchell 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 the State Classification Plan
COMMON TITLE We are requesting that the title Admitting Officer be made common for use by state government. The title is currently designated for the exclusive use of local government jurisdictions.
The Department of Military and Veteran's Affairs (DMVA) recently submitted a request to reclassify a position within the New Jersey Veterans Memorial Home at Menlo Park. A classification study was conducted and it was determined that the duties assigned to the position conform to those of an Admitting Officer. The compensation review determined that the title corresponds to a salary range of 20. There is no comparable title for use by state government.
The position at DMVA has as its primary responsibility supervision of the admissions process. This includes such activities as conducting interviews to obtain information and missing documentation; preparing necessary documentation; conducting admission meetings with administrators and managers at the Veteran's Memorial Home, determining eligibility for admissions, and registering new admissions with the Medicaid and the Veterans Administration Health Care System.
We are seeking your approval in order to utilize the title Admitting Officer for the classification of this position and any others with similar assignments in state government.
Approval of this request will require minor specification revisions.
ESTABLISHMENT OF COMMON TITLE Effective: December 30, 2000 FROM: TO: Admitting Officer Admitting Officer 00230@ L P20-00230 * 35
TO: Merit System Board DATE: March 13, 2001
FROM: Arthur E. Brown, Jr. Assistant Commissioner State and Local Operations
SUBJECT: Confidential Appointment Under N.J.S.A. 11A:3-4(h)
Department of the Treasury
Stanley Makarevic appointed as Confidential Secretary effective October 7, 2000, salary of $ 62,475.95 per annum. Position is in the Unclassified Service under N.J.S.A. 11A:3-4(h).
Verification has been made of the number of positions allocated and the number of persons holding Confidential Appointments in this agency and Acting State Treasurer Peter Lawrence is authorized to make the subject appointment.
Recommendation: Record appointment in the Unclassified Service under N.J.S.A. 11A:3-4(h)
The appointment of this Confidential Secretary does not exceed the entitlement authorized under N.J.S.A. 11A:3-4(h).
Replacing - Carol Cromwell vacated position - 005627 vacated date - January 31, 2000
WITHDRAWAL OF APPEALS
RECOMMENDATION: The following appeals be removed from the hearing calendar and considered closed.
The following appellants, who have been granted a hearing, wish to withdraw their appeals:
Beverly Alexeev, Senior Clerk Typist, County of Burlington, suspension.
Edward Banoff, Fire Fighter Candidate, City of West New Your, list removal.
Gina Marie Behre, Sanitary Inspector, Township of Bloomfield, suspension.
James Downing, Senior Correction Officer, Southwoods Prison, Department of Corrections, suspension.
Doris Drake, Juvenile Detention Officer, County of Essex, removal.
Brian Hamilton, Librarian II, Greystone Park Psychiatric Hospital, Department of Human Services, indefinite suspension.
Angel Suarez, Building Maintenance Worker, County of Hudson, suspension.
Craig Woodruff, Sludge Dewatering Machine Operator, good faith layoff
DISMISSAL OF APPEALS - FAILURE TO APPEAR
RECOMMENDATION: The following cases be dismissed without prejudice.
The following appellants failed to appear at the scheduled hearing before the Office of Administrative Law and have not submitted an explanation for their failure to appear:
Kent Anderson, Police Officer, City of Newark, Police Department, suspension.
Kirk Bennett, Food Service Supervisor, Central Reception and Assignment Facility, Department of Corrections, removal.
Beverly Edwards, Professional Services Specialist 4, Kean University, release at the end of the working test period.
Terry Norman, Custodial Worker, Newark School District, suspension.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Marie Brunot County of Monmouth Medical Homes Suspension
In the Matter of Gregory Canfield Hunterdon Developmental Center Department of Human Services Suspension
In the Matter of Timothy Clement Bayside State Prison Department of Corrections Suspension
In the Matter of Thelma Evans-Knight County of Morris Department of Long Term Care Service Demotion
In the Matter of Neal S. LeStrange Township of Scotch Plains Police Department Suspension
In the Matter of LaLine Reid Judiciary, Union County Vicinage Release at the end of the working test period
In the Matter of Robert A. Rowlands Edna Mahan Correctional Facility Department of Corrections Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements.
A-2 JUDY BALL
Judy Ball, Clerk Typist, Irvington Housing Authority, suspension for 26 days, on charges of insubordination and dereliction of duty.
Recommendation of the Administrative Law Judge - Reverse the 26-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-3 HORACE CRAIN
Horace Crain, Senior Identification Officer, County of Burlington, County Jail, suspension for 6 days, on charges of incompetency, inefficiency, or failure to perform duties and neglect of duty.
Recommendation of the Administrative Law Judge - Modify the six-day suspension to a written reprimand.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-4 JOSEPH SHOULARS
Joseph Shoulars, Food Service Worker, County of Passaic, Preakness Hospital, suspension for 45 days, on charges of violation of N.J.A.C. 4 A: 2-2.3(a), Other Sufficient Cause.
Recommendation of the Administrative Law Judge - Modify the 45-day suspension to a 35-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-5 NORALDO ARZAYUS
Noraldo Arzayus, Cottage Training Technician, Department of Human Services, removal effective September 9, 2000, on charges of physical abuse of a client.
Recommendation of the Administrative Law Judge - Reverse the removal
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-6 JEFFREY JUSKO
Jeffrey Jusko, Police Sergeant, Township of Parsippany-Troy Hills, Police Department, removal effective May 14, 1998, on charges of failure to perform duties; conduct unbecoming a public employee; obedience to laws and regulations; conduct towards superiors, subordinates, and associates; performance of duty; and truthfulness.
Recommendation of the Administrative Law Judge - Modify the removal to a six-month suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-7 MARSHA LUCASH
Marsha Lucash, Head Nurse 12 Months, G. W. Hagedorn Psychiatric Hospital, Department of Human Services, removal effective September 28, 1998, on charges of serious mistake due to carelessness which would result in danger and injury to persons or property.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-8 JAMES VOAG
James Voag, Senior Correction Officer, Mountainview Youth Correctional Facility, Department of Corrections, removal effective September 20, 1999, on charges of conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Modify removal to a three-month suspension.
ACTION: The Merit System Board reversed the recommendation of the Administrative Law Judge to uphold the removal.
A-9 TERRENCE JOHNSON SETTLEMENT
Terrence Johnson, Senior Correction Officer, Central Reception Assignment Facility, Department of Corrections, suspension for 90 days, on charges of leaving assigned work area without permission creating danger to persons or property and violation of administrative procedures and regulations involving safety and security. Settled to a modification of the 90-day suspension to an 85-day suspension and return of five vacation days to appellant's leave record.
ACTION: The Merit System Board acknowledged the settlement as clarified.
A-10 RAJEENAH RAJAHN SETTLEMENT
Rajeenah Rajahn, Family Services Supervisor, County of Essex, Department of Citizen Services, two suspensions, for three months and for 10 days, on charges of insubordination, conduct unbecoming an employee in the public service, absence without official leave, use of profanity and abusive treatment of a fellow employee. Settled to a reduction of three-month suspension to a 60-day suspension and a 40-day back pay payment of $6,613.69 and appellant accepts the 10 days suspension.
ACTION: The Merit System Board acknowledged the settlement as clarified.
A-11 WAYNE PATERNO SETTLEMENT
Wayne Paterno, Police Sergeant, Township of Irvington, Police Department, removal effective January 20, 1999, on charges of conduct unbecoming a public employee. Settled to a resignation in good standing and reimbursement of $35,000.
ACTION: The Merit System Board acknowledged the settlement as clarified.
A-12 SETTLEMENTS
In the Matter of Teresa Alston County of Bergen Bergen Pines Hospital Removal
In the Matter of Sandra Harper Atlantic City Housing Authority Release at the end of the working test period
In the Matter of Riccardo Hunter Atlantic City Municipal Utilities Authority Removal
In the Matter of Najati Jalahej City of Passaic Preakness Hospital Suspension
In the Matter of Jerome Miller County of Essex Department of Health and Rehabilitation Suspension
In the Matter of Steven Norris County of Gloucester Department of Public Works Removal
In the Matter of Pamela Proctor-Davis Juvenile Justice Commission Department of Law and Public Safety Release at the end of the working test period
In the Matter of Kim Sampson County of Essex Department of Public Works Release at the end of the working test period
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements with the exception of Najata Jalahej, which was held over.
A-13 DAVID CSIMBOK
David Csimbok, appeals the decision of Human Resource Information Systems which up held his bypass on the list for Police Sergeant (PM0959U), Borough of Carteret.
Recommendation of the Administrative Law Judge - Reverse the bypass and award the appellant the position of Sergeant retroactive to an appropriate date of appointment with back pay, benefits, and attorney fees.
ACTION: The Merit System Board directed that this matter be held over.
A-14 TERRY CUNNINGHAM
Terry Cunningham, Senior Correction Officer, Northern State Prison, Department of Corrections, suspension for 20 days, on charges of violation of administrative procedures and regulations involving safety and security and neglect of duty, loafing, idleness, or willful failure to devote attention to tasks which could result in danger to persons or property.
Recommendation of the Administrative Law Judge - Uphold the 20-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-15 PAUL DIULIO
Paul Diulio, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, suspension for 10 days, on charges of sleeping while on duty.
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-16 KENNETH HILL
Kenneth Hill, Supervising Medical Security Officer, Ann Klein Forensic Center, Department of Human Services, suspension for 20 days, on charges of serious mistake due to carelessness, which would result in danger and injury to persons or property.
Recommendation of the Administrative Law Judge - Reverse the 20-day suspension.
ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.
A-17 DWAYNE MARSHALL AND RICHARD BORGES (CONSOLIDATION)
Dwayne Marshall and Richard Borges, Police Officers, City of Newark, Police Department, suspension for 60 days, on charges of neglect of duty, leaving post and false statement.
Recommendation of the Administrative Law Judge - Reverse the 60-day suspensions.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
A-18 DONALD NUGENT
Donald Nugent, Supervising Paramedic, Township of Hamilton, Department of Public Safety, suspension for 60 days and removal effective January 5, 1998, on charges of conduct unbecoming a public employee and sexual harassment.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board directed that this matter be held over.
A-19 OCEAN COUNTY BOARD OF SOCIAL SERVICES
Ocean County Board of Social Services, layoffs and demotions in lieu of layoff effective November 6, 1996.
Recommendation of the Administrative Law Judge - Uphold the layoffs and demotions.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-20 EDWARD O'LONE
Edward O'Lone, Section Chief Health Care Facility, Forensic Psychiatric Hospital, Department of Human Services, suspension for 90 days, on charges of conduct unbecoming a public employee and insubordination.
Recommendation of the Administrative Law Judge - Uphold the 90-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-21 EMMANUEL OZURUMBA
Emmanuel Ozurumba appeals the request of the Division of Youth and Family Services, Department of Human Services to remove his name from the eligible list for Family Service Specialist 3 (S00660) based on a claimed inability to communicate effectively in English in order to perform the duties of the position.
Recommendation of the Administrative Law Judge - The appellant's name remain on the eligible list for Family Service Specialist 3 (S00660).
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-22 JEFFREY SIENKIEWICZ
Jeffrey Sienkiewicz, Correction Sergeant, New Jersey State Prison, Department of Corrections, suspension for 6 days, on charges of personal conduct, insubordination, intentional disobedience or refusal to accept orders assaulting or resisting authority or abusive language to a supervisor, safety and security and misuse of public property.
Recommendation of the Administrative Law Judge - Reverse the 6-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-23 CLIFTON STEWART
Clifton Stewart, Senior Building Maintenance Worker, Montclair State University, release at the end of the working test period effective October 22, 1999.
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-24 FURGUAN BILAL
Furguan Bilal, Teaching Assistant 12 Months, New Jersey Training School for Boys, Jamesburg, Department of Law and Public Safety, suspensions for 40 days, removal effective August 3, 1998, and resignation not in good standing effective August 3, 1998, on charges of chronic or excessive absenteeism or lateness, and abandonment of position following a leave of absence.
Recommendation of the Administrative Law Judge - Uphold the 40-day suspension, removal and resignation not in good standing.
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 (Abstained) Judith L. Shaw (Yes) Leo Vartan (Yes)
A-25 RICHARD E. LEIGH
Richard E. Leigh, Truck Driver Heavy, Township of Ewing, Department of Administration, Finance, and Public Works, removal effective August 16, 1999, on charges of inability to perform duties and chronic or excessive absenteeism.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a resignation in good standing.
A-26 JOSEPH LEVY
Joseph Levy, Senior Correction Officer, Mid-State Correctional Facility, Department of Corrections, removal effective December 15, 1998, on charges of chronic or excessive absenteeism or lateness and unsatisfactory attendance.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-27 OLEY WATKINS
Oley Watkins, Residential Services Worker, Woodbine Developmental Center, Department of Human Services, removal effective October 21, 1999, on charges of conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Modify the removal to a six-month suspension.
ACTION: The Merit System Board reversed the recommendation of the Administrative Law Judge to uphold the removal.
A-28 FRANCES COHAN
Frances Cohan, a Housing Manager with the North Bergen Housing Authority, removal effective November 25, 1997, on charges of inefficiency, failure to perform duties, neglect of duty and insubordination. This matter was held over by the Board for a summary of hearing testimony at the January 17, 2001 meeting.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
SECTION B - MISCELLANEOUS MATTERS
B-1 OMAYRA COLON
Omayra Colon appeals her rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove her name from the eligible list for Correction Officer Recruit on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-2 BRIAN GULLACE
Brian Gullace, represented by Sidney H. Lehmann, Esq., appeals his rejection as a County Correction Officer candidate by the County of Hudson and its request to remove his name from the eligible list for County Correction Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this matter be referred for independent evaluation.
B-3 BRIAN GULLACE
Brian Gullace, represented by Sidney H. Lehmann, 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 referred for independent evaluation.
B-4 MARILYN PEREZ
Marilyn Perez appeals her rejection as a Police Officer candidate by the City of Newark and its request to remove her 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.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-5 KEVIN WILLIAMS
Kevin Williams, represented by William D. Sayers, Esq., appeals his rejection as a County Correction Officer candidate by the County of Essex and its request to remove his name from the eligible list for County Correction Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-6 CRUZ YAMBO
Cruz Yambo, represented by Timothy Higgins, Esq., appeals his rejection as a Police Officer candidate by the City of Camden 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 JOHN YOUNGCLAUS
John Youngclaus appeals his rejection as a Juvenile Detention Officer candidate by the County of Hudson and its request to remove his name from the eligible list for Juvenile Detention Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-8 JULIO ZAMBRANA
Julio Zambrana, represented by Victor K. Rabbat, Esq., appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit 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 REBECCA BENNETT
Rebecca Bennett, a Senior Correction Officer at South Woods State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-10 ROSE BOLDEN
Rose Bolden, a Cottage Training Technician at 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 DEDRIA RAY BROWN
Dedria Ray Brown, a Principal Clerk Typist with the Department of Health and Senior Services, represented by Joy Schulman, CWA Local 1034, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-12 JOSEPH CALDERONE
Joseph Calderone, a Truck Driver (Single Axle) 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-13 GERALDINE CHAVIS
Geraldine Chavis, a Records Technician 3 (Motor Vehicles) with the Department of Transportation appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-14 DONALD COLEMAN
Donald Coleman, a Correction Sergeant at New Jersey State Prison, Department of Corrections, represented by Gregory T. Paul of the New Jersey Law Enforcement Supervisors Association, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-15 JAMES FLANAGAN
James Flanagan, a Human Resource Consultant 3 with the Department of Personnel, request reconsideration of the decision of the Merit System Board rendered on October 13, 1999, which denied his request for sick leave injury (SLI) benefits.
ACTION: The Merit System Board granted the request for reconsideration and granted the petitioner SLI Benefits.
VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-16 WILLIE GIBSON
Willie Gibson, an Institutional Trade Instructor 1 (Cooking) with the Juvenile Justice Commission, represented by James Logan, Jr., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-17 VINCENT IACHETTA
Vincent Iachetta, an Institutional Trade Instructor 2 (General Maintenance) with the Juvenile Justice Commission, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-18 CYNTHIA JOBES
Cynthia Jobes, a Senior Food Service Handler at New Lisbon 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-19 LINDA JOHNSON
Linda Johnson, a Teaching Assistant with New Jersey City University, represented by CWA Local 1031, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-20 CAROL L. JONES, PH.D.
Carol L. Jones a Clinical Psychologist 1 (Division of Mental Health Services) with New Lisbon 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-21 MOHAMMED KHAN
Mohammed Khan, a Crew Supervisor, Electrical Operations, 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-22 SUZETTE LITTLE
Suzette Little, a Senior Correction Officer at Northern State Prison, Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-23 RICHARD MASTROPOLO
Richard Mastropolo a Senior Correction Officer at the New Jersey State Prison, Department of Corrections, represented by Henry J. Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this matter be held over.
B-24 RUTH MEGARGEE
Ruth Megargee, a former Teacher 1 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 granted.
B-25 CECILIA MOORE
Cecilia Moore, a Cottage Training Technician at New Lisbon 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 in part.
B-26 VIVIAN PEEPLES
Vivian Peeples, a Senior Correction Officer at Mid-State Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this matter be held over.
B-27 THEODORE ROMANO
Theodore Romano, a Senior Correction Officer with the Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-28 CECIL A. SMITH
Cecil A. Smith, a Senior Correction Officer with the New Jersey Training School for Boys, Juvenile Justice Commission, represented by Lawrence S. Reynolds, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Abstained) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-29 CAROL WALKER
Carol Walker, a Teacher 2 at the Adult Diagnostic and Treatment Center, Department of Corrections, represented by CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-30 JENNIFER L. WATSON
Jennifer L. Watson, a Senior Correction Officer at Bayside State Prison, Department of Corrections, represented by Linda T. Pirolli, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-31 ERIC BUCKMAN
Eric Buckman appeals the decision of Human Resource Information Services which found that the Juvenile Justice Commission had presented a sufficient basis to remove the appellant's name from the Institutional Trade Instructor 2 (Cooking) (S6671T) eligible list due to an unsatisfactory criminal record.
ACTION: The Merit System Board directed that this appeal be denied.
B-32 MICHAEL R. CORONA
The Department of Corrections appeals the decision of Selection Services restoring Michael R. Corona's name to the Correction Officer Recruit (S9999V) eligible list.
ACTION: The Merit System Board directed that this appeal be granted and the eligible's name be removed from the Correction Office Recruit list.
B-33 WILLIAM COUGHLAN
The Department of Corrections appeals the decision of Selection Services restoring William Coughlan's name to the Correction Officer Recruit (S9999W) eligible list.
ACTION: The Merit System Board directed that this appeal be granted and the eligible's name be removed from the Correction Office Recruit list.
B-34 DONALD EMERY
Donald Emery appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Superintendent, Parks and Forestry 4 (S0347W), Department of Environmental Protection, on the basis that he lacked the required education.
ACTION: The Merit System Board directed that this appeal be denied.
B-35 MICHAEL KIYAGA
Michael Kiyaga appeals the decision of Human Resource Information Services which upheld the removal of his name from the Insurance Examiner Trainee (S0346W), Auditor Account Trainee (S6174A), Administrative Analyst 2, Fiscal Management (S6167W), Program Development Specialist 2, Management and Finance (S6158W), and Accountant (C0907A), Camden County eligible lists due to his failure to respond to the various appointing authorities after Notifications of Certification were mailed to him.
ACTION: The Merit System Board directed that this appeal be denied.
B-36 VENUS YOUNG
Venus Young appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove her name from the eligible list for County Correction Officer (C0452A), County of Essex, on the basis of her failure to possess a valid New Jersey driver's license.
ACTION: The Merit System Board directed that this appeal be granted and the appellant's name be restored to the eligible list.
B-37 WILLIAM CAPARAZZO
William Caparazzo, a Plumbing Subcode Official with the City of Orange, represented by Kevin P. McGovern, Esq., petitions the Merit System Board (Board) for relief, pursuant to N.J.S.A. 11A:2-24 and N.J.A.C. 4A:3-51., et seq., from alleged reprisal by his employer. This matter was held over from the February 14, 2001 Board meeting for further review.
ACTION: The Merit System Board granted a hearing.
B-38 TRUCK DRIVER (C9122A), COUNTY OF MERCER
The appointing authority requests permission not to make an appointment from the certification for Truck Driver (C9122A), County of Mercer.
ACTION: The Merit System Board granted the request for an appointment waiver but assessed the cost of the selection process in the amount of $2,048.
B-39 MELVIN BESSANT
Melvin Bessant, a Senior Stock Clerk with the Division of Taxation, Department of the Treasury, represented by Jesse J. Averhart, Executive Vice President, CWA Local 1033, petitions the Merit System Board for reconsideration of its October 11, 2000 final administrative decision which found that Mr. Bessant's removal was justified.
ACTION: The Merit System Board denied the request.
B-40 CARL GREEN
Carl Green, an Interviewer with the Department of Labor, petitions the Merit System Board for reconsideration of its final administrative decision, rendered on May 23, 2000, which found that Green's indefinite suspension as a Probation Officer with the Administrative Office of the Courts, Judiciary, Essex Vicinage, pending the resolution of criminal charges was justified.
ACTION: The Merit System Board denied the request.
B-41 IBRAHIM CHOWDHURY
Ibrahim Chowdhury 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 Counselor, Penal Institution (C0949A), Warren County.
ACTION: The Merit System Board directed that this appeal be denied.
B-42 JOHN CICHOCKI, ET AL.
John Cichocki appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Technical Assistant, Classification (PS6452I), Department of Corrections. Tina D'Imperio, Joan Janowiak and Sandra Sobon appeal the determination of the Division of Selection Services, which found that per the substitution clause, they did not meet the minimum experience requirement for the promotional examination for Technical Assistant, Classification (PS6452I), Department of Corrections.
ACTION: The Merit System Board directed that these appeals be denied.
B-43 CYNTHIA R. CONIGLIO
Cynthia R. Coniglio appeals the determination of the Division of Selection Services, which found that she was below the minimum requirements in experience for the promotional examination for Purchasing Assistant (PS8559P), Division of State Police
ACTION: The Merit System Board directed that this appeal be granted.
B-44 MARY CORTESE
Mary Cortese 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) (PS8479K), Division of Medical Assistance and Health Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-45 CHARLES CRADDOCK AND WILLIAM MCCLAIN
Charles Craddock and William McClain appeal the determination of the Division of Selection Services which fund that they did not meet the education and experience requirements for the promotional examination for Supervising Environmental Compliance Investigator (PS7382T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-46 MARGARET CRESPO
Margaret Crespo 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 Family Service Specialist 3 (Bilingual in Spanish & English) (S0109O).
ACTION: The Merit System Board directed that this appeal be denied.
B-47 PATRICIA LESZCZAK
Patricia Leszczak appeals the determination of the Division of Selection Services denying her eligibility for admittance to the examination for Purchasing Expeditor (PM1031A), Brick Township School District.
ACTION: The Merit System Board directed that this appeal be granted.
B-48 MICHAEL A. SICKELS
Michael A. Sickels appeals the determination of the Division of Selection Services, which found that he was ineligible for the promotional examination for Construction and Maintenance Technician 1 (PS9279T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-49 SILVIA VEENSTRA MARINUCCI AND JOHN MASELLI
Silvia Veenstra Marinucci and John Maselli appeal the determination of the Division of Selection Services, which found that they did not meet the requirements for the title of Permit Coordination Officer 2, Department of Environmental Protection.
ACTION: The Merit System Board directed that these appeal be denied.
B-50 THOMAS P. WALTON
Thomas P. Walton appeals the determination of the Division of Selection Services which found that he did not meet the requirements for the open competitive examination for Emergency Medical Services Technician (S6190A).
ACTION: The Merit System Board directed that this appeal be denied.
B-51 JAMES BUCKLEY
James Buckley appeals his seniority score for the examination for Police Lieutenant (PM2592A), Jersey City.
ACTION: The Merit System Board directed that this appeal be denied.
B-52 DANIEL DELEVA
Daniel Deleva appeals his seniority score for the examination for Police Lieutenant (PM2592A), Jersey City.
ACTION: The Merit System Board directed that this appeal be denied.
B-53 MICHAEL GALANO
Michael Galano appeals his seniority score for the examination for Police Lieutenant (PM2592A), Jersey City.
ACTION: The Merit System Board directed that this appeal be denied.
B-54 THEODORE G. HOUSEL
Theodore G. Housel appeals the determination of the Division of Selection Services that he failed to achieve a passing score on the promotional examination for Senior Inspector, Multiple Dwellings (PS4165D), Department of Community Affairs.
ACTION: The Merit System Board directed that this appeal be denied.
B-55 EVON LAY
Evon Lay appeals her score and rank for the open competitive examination for Community Service Aide (M6523W), East Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-56 MORONFOLU OTUNGA
Moronfolu Otunga appeals his scores on the promotional examinations for Agricultural Products Agent 1 (PS5208A), and Supervising Agricultural Products Agent (PS5716A), Department of Agriculture.
ACTION: The Merit System Board directed that this appeal be denied.
B-57 GEORGE TRAMPLER
George Trampler, represented by David J. DeFillippo, Esq., appeals the decision of the Division of Selection Services denying his request for a make-up examination for Police Captain (PM3540B), Marlboro Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-58 CYNTHIA SCHILLACI
The Director, Division of Selection Services, on behalf of the Department of Health and Senior Services, requests that Cynthia Schillaci's out-of-title work experience be accepted to satisfy the experience requirement for admittance to the promotional examination for Administrative Analyst 2 (Fiscal Management) (PS3026H).
ACTION: The Merit System Board granted the request.
B-59 BONNIE SCHUSTER
The Assistant Director, Division of Selection Services, on behalf of the Department of Health and Senior Services, requests that Bonnie Schuster's out-of-title work experience be accepted to qualify her for a prospective promotional examination for the title of Program Manager, Addictions.
ACTION: The Merit System Board granted the request.
B-60 JOSEPH COLE, ET AL.
Joseph Cole (PM2526B), Aberdeen Township; Glenn Weigand, represented by Larry Holtz, Esq. (PM2527B) Bloomfield; Russell Mains and Matthew Simmons III (PM2529B), Bordentown City; Francis Coppinger and Anthony Smith (PM2534B), Dover, James Colanduomi, Frederick Dow, James Duthie, David Muller, and John Stemler III (PM2536B), Ewing Township; Steven Doyle (PM2540B), Harrison; Edgardo Cruz, Michael Detrizio, represented by Larry Holtz, Esq., Anthony Falco, Kenneth Ferrante, Ranaldo Gonzalez, Roy Haack, represented by Larry Holtz, Esq., Genio Jacobelli, represented by Larry Holtz, Esq., William James, Steven Kranz, Jose Rivera and Christopher Rosensteel (PM2542B), Hoboken, Sean Conrad (PM2544B), Jefferson; Edward Olbrys, Jr., represented by Larry Holtz, Esq., Paul Sullivan, represented by Larry Holtz, Esq., Scott Tirella, represented by Larry Holtz, Esq., James Tranz, represented by Larry Holtz, Esq., and James Veltri, represented by Larry Holtz, Esq., (PM2545B), Lacey Township; Kevin Mahon, Jr., represented by Larry Holtz, Esq. (PM2548B), Long beach Township; Thomas Beeby, represented by Larry Holtz, Esq., (PM2550B), Lower Township; John Evans, represented by Larry Holtz, Esq., (PM2551B), Magnolia Boro; Richard Deickmann, represented by Larry Holtz, Esq., Bryan McKnight, represented by Larry Holtz, Esq., Michael Shaffery, represented by Larry Holtz, Esq., and Charles Terefenko, represented by Larry Holtz, Esq., (PM2554B), Middletown Township; Steven Sarinelli, represented by Larry Holtz, Esq., and Mark Underhill (PM2557B), Morristown; Ronald Girard (PM2559B), North Brunswick Township; George Foss, Susan Holtz, represented by Larry Holtz, Esq., Paul McCausland, represented by Larry Holtz, Esq., and Christopher Sulzbach, represented by Larry Holtz, Esq.,
B-60 JOSEPH COLE, ET AL. CONTINUED
(PM2561B), Pennsauken Township; Eric Beck (PM2563B), Rockaway Township; Suzanne Butler, Kevin Lonergan, represented by Larry Holtz, Esq., Beverly Peal, represented by Larry Holtz, Esq., and Joseph Zito, represented by Larry Holtz, Esq., (PM2565B), Scotch Plains; Thomas Yannacone (PM2566B), Seaside Heights Boro; Louis DeLucca, Ronald King, Eugene Krenc and John Russo (PM2571B), Paterson; David Harkins (PM2572B), Gloucester Township; Glenn Ender, represented by Larry Holtz, Esq., (PM2573B), Ridgewood; Robert Martin (PM2587B), West Orange, Allen Bloodgood and Robert Brady (PM2634B), Woodbridge; appeal the written examination for Police Sergeant (various jurisdictions).
ACTION: The Merit System Board directed that these appeals be denied.
B-61 SALVATORE COSTA, ET AL.
Salvatore Costa, Thomas Kenuk, Jr., and James Mondelli appeal several questions on the Police Sergeant (PM2572B), Gloucester Township promotional examination.
ACTION: The Merit System Board directed that these appeals be denied.
B-62 DAVID MIECZKOWSKI, SR.
David Mieczkowski, Sr. appeals the test content of the open competitive examination for Assistant Maintenance Supervisor (C0143D), Warren County.
ACTION: The Merit System Board directed that this appeal be denied.
B-63 RICHARD LLOYD
Richard Lloyd appeals the determination of the Division of Selection Services that he is not entitled to disabled veterans' preference for Merit System testing.
ACTION: The Merit System Board directed that this appeal be denied.
B-64 RICHARD DREYER, ET AL.
Michael DiCicco, Esq., on behalf of Richard Dreyer, II, James Hammond and John Porter, appeals the determination of the Department of Personnel regarding the rank of Garrett Giberson on the Fire Fighter (M4299M), Asbury Park eligible list.
ACTION: The Merit System Board directed that this appeal be denied.
B-65 RENEE CLEVENGER
Renee Clevenger 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 open competitive examination for Adjuster 2, Unsatisfied Claims & Judgment Fund (S6340B).
ACTION: The Merit System Board directed that this appeal be granted.
B-66 MARY JANE MELINI
Mary Jane Melini 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 open competitive examination for Adjuster 2, Unsatisfied Claims & Judgment Fund (S6340B).
ACTION: The Merit System Board directed that this appeal be denied.
B-67 EARLY SETTLEMENTS
Claudy Augustin Riverfront State Prison Department of Corrections Removal
Sean Bradforth Juvenile Justice Commission Department of Law and Public Safety 60-day Suspension
Joseph Goska Ramapo College of New Jersey Removal
Kenneth Holloway Newark Housing Authority Removal
Daisy V. Mariano County of Hudson Department of Corrections Resignation Not in Good Standing
Fred Robinson County of Mercer Department of Public Safety 10-day Suspension
Sean West Northern State Prison Department of Corrections Removal and Resignation Not in Good Standing
ACTION: The Merit System Board acknowledged the settlements.
B-68 GERARD GOOD
Gerard Good, represented by Thomas J. Cammarata, Esq., appeals his rejection as a County Correction Officer candidate by the County of Hudson and its request to remove his name from the eligible list for County Correction Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this matter be held over.
B-69 GREGORY M. LOVELACE
Gregory M. Lovelace, represented by Samuel J. Halpern, Esq., appeals his rejection as a County Correction Officer candidate by the County of Hudson and its request to remove his name from the eligible list for County Correction Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-70 WARREN M. REVAS-GUEVARA
Warren M. Revas-Guevara, represented by Fayth A. Ruffin, 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. This matter was held over from the February 14, 2001 Board meeting for lack of a quorum.
ACTION: The Merit System Board directed that this matter be held over.
B-71 MARY BOSSIO
Mary Bossio, a Supervisor of Nursing Services, with Trenton Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-72 LEON CLARK, JR.
Leon Clark, Jr., a Data Processing Programmer 3 with the Office of Information Technology, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-73 MICHAEL DAVYDOW
Michael Davydow, 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-74 SUZE ESTRIPLET
Suze Estriplet, a Cottage Training Technician at 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-75 CONNIE FUSSELL
Connie Fussell, a Practical Nurse at Trenton Psychiatric Hospital, Department of Human Services, represented by Bryce S. Chase, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-76 HARRY HAWKINS
Harry Hawkins, a former printing Operations Technician 1 (Judiciary) with the Administrative Office of the Courts, represented by Jon Wineland, 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-77 JEROME JAMES
Jerome James, an Equipment Operator with Department of Transportation, represented by Generoso Squitieri, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted in part.
B-78 IVY JORDAN
Ivy Jordan, a Human Services Technician with Trenton Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-79 STEVEN KRAVATSKY
Steven Kravatsky, a Senior Correction Officer at Northern State Prison, Department of Corrections, represented by Mark D. Kurdyla, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-80 FREDERICK LANCASTER, JR.
Frederick Lancaster, Jr., a Cottage Training Technician at Hunterdon 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-81 DENEEN PEYTON (MADDOX)
Deneen Peyton (Maddox), a Cottage Training Technician at Woodbine Developmental Center, Department of Human Services, represented by John R. Rauh, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-82 JOHN BAUER, ET AL.
John Bauer, represented by Michael L. Prigoff, Esq., and Kevin McSorley and Christopher Perez, represented by Daniel J. Zirrith, Esq., appeal the decisions of Selection Services, which found that the City of Jersey City had presented a sufficient basis to remove the appellants' names from the Fire Fighter (M9065S), Jersey City eligible list due to unsatisfactory driving records.
ACTION: The Merit System Board directed that these appeals be granted and the names of Kevin McSorley and Christopher Perez be restored to the subject list, and John Bauer be provided with an appointment to the subject title.
B-83 JOHN D'AURIA
John D'Auria appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999V), City of Newark, for failure to meet the age requirement for this position. This matter was held over from the February 14, 2001 Board meeting for lack of a quorum.
ACTION: The Merit System Board directed that this appeal be denied.
B-84 MARILYN E. DAWSON
Marilyn E. Dawson appeals the determination of Human Resource Information Services, which found that the Newark School District had presented a sufficient basis to remove the appellant's name from the Management Information Systems Specialist (M6371O), Newark School District, eligible list on the basis that she lacked the required experience.
ACTION: The Merit System Board directed that this appeal be granted and the appellant's name be restored to the eligible list.
B-85 CARL T. HAMILTON, JR.
Carl T. Hamilton, Jr., appeals the decision of Selection Services which upheld the request by the Department of Corrections to remove the appellant's name from the Correction Officer Recruit (S9999W) eligible list due to an unsatisfactory driving record.
ACTION: The Merit System Board directed that this appeal be denied.
B-86 MARK A. JOHNSON
Mark A. Johnson, represented by Eldridge Hawkins, Esq., appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999V), City of Newark, on the basis of an unsatisfactory driving record. This matter was held over from the February 14, 2001 Board meeting for lack of a quorum.
ACTION: The Merit System Board directed that this appeal be denied.
B-87 DONNELL LOGAN
The Department of Corrections appeals the decision of Selection Services restoring Donnell Logan's name to the Correction Officer Recruit (S9999V) eligible list.
ACTION: The Merit System Board directed that this appeal be granted and the appellant's name be restored to the eligible list.
B-88 SHAWN W. MCDERMOTT
Shawn W. McDermott appeals the decision of Selection Services which found that the Township of Brick had presented a sufficient basis to remove the appellant's name from the Police Officer (S9999W), Township of Brick, eligible list on the basis of an unsatisfactory driving record.
ACTION: The Merit System Board directed that this appeal be denied.
B-89 GLENN MILLER
The appointing authority of Jersey City appeals the decision of Human Resource Information Services which denied its request to remove Glenn Miller's name from the eligible list for Public Health Investigator (M0534O).
ACTION: The Merit System Board directed that this appeal be granted and the appellant's name be restored to the eligible list.
B-90 TYRA MORALES
Tyra Morales appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove her name from the eligible list for Police Officer (S9999V), City of Newark, on the basis of a late response to the certification notice and a failure to meet the residency requirements.
ACTION: The Merit System Board directed that this appeal be denied.
B-91 HAROLD NEBLING
Harold Nebling appeals the determination of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Principal Biologist Fisheries (S6165W), Department of Environmental Protection, on the basis that he lacked the required experience.
ACTION: The Merit System Board directed that this appeal be denied.
B-92 STEPHEN NOE
Stephen Noe, represented by Lee J. Hughes, Esq., appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Correction Officer Recruit (S9999W), Department of Corrections, on the basis of an unsatisfactory driving record. This matter was held over from the February 14, 2001 Board meeting for further review.
ACTION: The Merit System Board directed that this appeal be granted and the appellant's name be restored to the eligible list.
B-93 BRIAN T. O'NEILL
Brian T. O'Neill, represented by Norman A. Doyle, Jr., Esq., appeals the decisions of Selection Services which found that the County of Hudson had presented a sufficient basis to remove his name from the County Correction Officer (S9998U) and Sheriff's Officer (C1304T) eligible lists due to a positive drug test.
ACTION: The Merit System Board directed that these appeals be denied.
B-94 WILLIAM ROLLACK
William Rollack, represented by Anthony J. Fusco, Jr., Esq., appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999V), city of Newark, on the basis of unsatisfactory driving, criminal and employment records.
ACTION: The Merit System Board directed that this appeal be denied.
B-95 JORGE TEIXEIRA
Jorge Teixeira, represented by Anthony J. Fusco, Jr., Esq., appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999V), City of Newark, on the basis of an unsatisfactory driving record. This matter was held over from the February 14, 2001 Board meeting for lack of a quorum.
ACTION: The Merit System Board directed that this appeal be denied.
B-96 CEDRIC THOMAS
Cedric Thomas, represented by Anthony J. Fusco, Jr., Esq., appeals the decision of Selection Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999V), City of Newark, on the basis of an unsatisfactory driving record. This matter was held over from the February 14, 2001 Board meeting for lack of a quorum.
ACTION: The Merit System Board directed that this appeal be denied.
B-97 DENNIS TURNER
The Department of Corrections appeals the decision of Selection Services restoring Dennis Turner's name to the eligible list for Correction Officer Recruit (S9999W), Department of Corrections.
ACTION: The Merit System Board directed that this appeal be denied.
B-98 MARK BOYD
Mark Boyd, represented by Sidney H. Lehmann, Esq., appeals the decision of the Selection Services Unit, which upheld his bypass on the eligible list for Police Captain (PM3811V), Lawrence Township.
ACTION: The Merit System Board granted a hearing.
B-99 SUPERVISOR, RECREATION MAINTENANCE (M6748A), TOWNSHIP OF NORTH BERGEN
The appointing authority's failure to properly dispose of the certification for Supervisor, Recreation Maintenance, 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-100 PATRICIA ROYSTER
Robert A. Fagella, Esq., on behalf of the Police Benevolent Association, Local 152, Middlesex County Correction Officers (PBA), petitions the Merit System Board to disapprove the salary for Middlesex County Correction Sergeant Patricia Royster, on the basis that she failed to meet the requirements for appointment to the title.
ACTION: The Merit System Board denied the request for salary disapproval.
B-101 RAYMOND FOSTER
The appeal of Raymond Foster, a Truck Driver with the City of Newark, represented by Anthony Nwaka, Esq., concerning his removal effective December 2, 1997, on charges, was heard by Administrative Law Judge Michael L. Ravin (ALJ), who rendered his initial decision on July 7, 2000, acknowledging the settlement of the parties.
ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.
B-102 IVAN CARTER
The appeal of Ivan Carter, a Senior Juvenile Detention Officer with the County of Essex, represented by George Serio, Staff Representative, IBEW Local 1158, concerning his release at the end of the working test period, effective February 1, 2000, was heard by Acting Administrative Law Judge Jeff S. Masin, who rendered his initial decision on September 8, 2000, acknowledging the settlement of the parties.
ACTION: The Merit System Board directed that this appeal be dismissed without prejudice and the settlement agreement be set aside.
B-103 LORI GHAVAMI
The City of Newark (City), represented by Lenora E. Marshall, Assistant Corporation Counsel, petitions the Merit System Board (Board) for a stay of the Board decision rendered September 12, 2000, which reinstated Lori Ghavami (Ghavami) to the position of Senior Accountant with the City after a six-month suspension, pending the City's appeal to the Superior Court, Appellate Division. Additionally, Ghavami, represented by Daniel J. Zirrith, Esq., seeks enforcement of that decision.
ACTION: The Merit System Board denied the request for a stay and granted the appellant's request for enforcement.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-104 ANTHONY RUDOLPH
Anthony Rudolph, formerly a Public Works Repairer with the City of Plainfield, requests reconsideration of the final decision of the Merit System Board, rendered December 5, 2000, which upheld his 20 and 40-day suspensions and removal effective May 2, 2000, on charges.
ACTION: The Merit System Board denied the request.
B-105 BESSIE WHITE
The Superior Court, appellate Division, has affirmed in part In the Matter of Bessie White (MSB, decided, July 21, 1998), and remanded the matter to the Merit System Board for further determinations as to specific issues. See In the Matter of Bessie White, Docket No. A-1959-98T3 (App. Div., January 26, 2001).
ACTION: The Merit System Board directed that the matter of appellant's layoff rights be referred to the Division of Human Resource Management.
B-106 JANET COOKE
The appeal of Janet Cooke, a Fire Alarm Operator with the Fire Department, City of East Orange, of her removal effective November 12, 1996 on charges, was heard by Administrative Law Judge Stephen G. Weiss (ALJ), who rendered his initial decision on December 8, 2000. At its meeting on January 30, 2001, the 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 decision is now submitted for the Board's approval.
ACTION: The Merit System Board adopted the decision.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-107 CHARMAINE HEMINGWAY
The appeal of Charmaine Hemingway, a Police Communications Clerk with the City of Jersey City Police Department, of her removal, effective May 25, 1999 on charges was heard by Administrative Law Judge Robert J. Giordano (ALJ), who rendered his initial decision on December 15, 2000. At is meeting on January 30, 2001, the Merit System Board (Board) did not adopt the ALJ's recommendation to reverse the removal. Rather, the Board ordered that the removal be upheld. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-108 QUENTIN MURPHY
The appeal of Quentin Murphy, County Correction Officer, Union County Department of Public Safety, of his 15-day suspension beginning January 1, 1999, on charges, was heard by Administrative Law Judge Edith Klinger (ALJ), who rendered her initial decision on December 14, 2000. At its meeting on January 30, 2001, the Board did not adopt the ALJ's recommendation to uphold the 15-day suspension. Rather, the Board modified the 15-day suspension to a five- day suspension. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-109 HARRY J. MURRAY
The appeal of Harry J. Murray, a Principal Research Analyst with the Department of Transportation, of his removal effective July 16, 1999 on charges was heard by Acting Chief Administrative Law Judge Jeff S. Masin (ALJ), who rendered his initial decision on August 10, 2000, modifying the removal to a four-month suspension. At its meeting on January 30, 2001, the Board did not adopt the ALJ's recommendation and instead ordered that the appellant's removal be upheld. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Abstained Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (No)
B-110 CHRISTOPHER SILVA
The appeal of Christopher Silva, a Police Captain with the Little Egg Harbor Township Police Department, of his removal effective April 22, 1998 on charges was heard by Administrative Law Judge Edgar R. Holmes (ALJ), who rendered his initial decision on November 9, 2000, reversing the removal. At its meeting on January 31, 2001, the Board ordered that this matter be remanded to the Office of Administrative Law for further clarification. The proposed decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the decision.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-111 MARIA BARBIERI
Maria Barbieri appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Administrative Analyst 2 (Fiscal Management) (PS7739K), Division of Medical Assistance and Health Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-112 ELIZABETH BROKER
Elizabeth Broker appeals the determination of the Division of Selection Services which found that, per the substitution clause, she did not meet the minimum experience requirements for the promotional examination for Technical Assistant, Classification (PS6452I), Department of Corrections.
ACTION: The Merit System Board directed that this appeal be denied.
B-113 RONDALD M. CONOVER, ET AL.
Ronald Conover, Thomas Mourey, Robert Olmo, Anthony Phillips and Robert Waterson appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for the promotional examination for Pumping Station Repairer (PM0887A), Mt. Laurel Township Municipal Utilities Authority.
ACTION: The Merit System Board directed that these appeal be granted.
B-114 ANTHONY FUSCO AND STEVEN P. TRAUT
A representative of the appointing authority of Beach Haven Borough, on behalf of Anthony Fusco and Steven P. Traut, appeals the determination of the Division of Selection Services which found that Messrs. Fusco and Traut did not meet the experience requirements for the promotional examination for Truck Driver (PM2270A), Beach Haven Borough.
ACTION: The Merit System Board directed that these appeals be granted.
B-115 VINCENT GIARDINA
Vincent Giardina appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Quality Assurance Coordinator (PS2596K), Department of Human Services.
ACTION: The Merit System Board directed that this appeal be granted.
B-116 NANCY JOHNSON, ET AL.
Nancy J. Johnson, Alan M. Levin, Karen E. Piren, and Shirley D. Searles appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for the promotional examination for Quality Assurance Specialist Health Services (PS0646K), Division of Mental Health and Hospitals.
ACTION: The Merit System Board directed that these appeals be granted.
B-117 STEPHANIE KING
Stephanie King appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Head Nurse (PS8320K), Greystone Park Psychiatric Hospital.
ACTION: The Merit System Board directed that this appeal be denied.
B-118 SILVANA LADNYK
Silvana Ladnyk appeals the determination of the Division of Selection Services which found that she did not meet the experience requirement for the Office Supervisor (PS5458I), Department of Corrections promotional examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-119 ANGELA LAMORTE
Angela Lamorte 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 (PS0992T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be granted.
B-120 ANTHONY P. TESTA
Anthony P. Testa appeals the determination of the Division of Selection Services, which found that he was ineligible for the promotional examination for Construction and Maintenance Technician 1 (PS9279T), Department of transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-121 PHILIP J. RUEGGER AND PHILIP S. SHELDON
Philip J. Ruegger and Philip S. Sheldon appeal their scores and ranking on the examination for Truck Driver (PM0147W), Borough of Bergenfield.
ACTION: The Merit System Board directed that these appeals be granted.
B-122 PATRICIA M. MENDOZA
Patricia M. Mendoza appeals the results of the written promotional examination for Secretarial Assistant 3 (Non- Stenographic) (PS6463J), Kean University.
ACTION: The Merit System Board directed that this appeal be denied.
B-123 VIRGINIA MICKENS
Virginia Mickens appeals the administration of the promotional examination for Claims Examiner Unemployment/Disability Insurance (PS5772N) and PS5107N), Department of Labor.
ACTION: The Merit System Board directed that this appeal be denied.
B-124 KATHLEEN M. ALBERTSON
The Director, Division of Selection Services, on behalf of the Department of Transportation, requests that Kathleen M. Albertson's out-of-title work experience be accepted to qualify her for a prospective promotional examination as Buyer.
ACTION: The Merit System Board granted the request.
B-125 KATHLEEN ASSELTA
The Deputy Director, Division of Selection Services, on behalf of the City of Vineland, requests the acceptance of out-of-title work experience by Kathleen Asselta for a promotional examination for Personnel Officer (PM1333B), City of Vineland.
ACTION: The Merit System Board granted the request.
B-126 MARYANN ASKIN
The Deputy Director, Division of Selection Services, on behalf of Rowan University, requests that Mary Ann Askin's out-of-title work experience be accepted to qualify her for a prospective promotional examination for the title of Technician, Management Information Systems.
ACTION: The Merit System Board granted the request.
B-127 EDWARD PAKNIS AND DONALD DOERR
David B. Beckett, Esq., on behalf of Edward Paknis and Donald Doerr requests reconsideration of the Merit System Board decision which denied their appeal of the determination to reclassify the positions of incumbents in the Analyst, Health Care Facilities title series to corresponding lateral titles in the Health Economics Research Specialist title series.
ACTION: The Merit System Board denied the request.
B-128 JAMES BAILEY
James Bailey, represented by David B. Beckett, Esq., seeks acknowledgement of a settlement concerning the order of his listing in the Police Officer, Hamilton Township, certification (Certification #0L0000949).
ACTION: The Merit System Board acknowledged the settlement.
B-129 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of January 30, 2001 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of January 30, 2001.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-130 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of February 14, 2001 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of February 14, 2001.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Abstained) Judith L. Shaw (Abstained) Leo Vartan (Yes)
B-131 CHRISTOPHER EUTSEY
The appeal of Christopher Eutsey, a Senior Security Guard with the Newark School District, of his removal effective September 7, 1998 on charges, was heard by Administrative Law Judge Ken R. Springer (ALJ), who rendered his initial decision on December 14, 2000, modifying the removal to a 30- day suspension. At its meeting on February 14, 2001, the Board adopted the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Abstained) Judith L. Shaw (Abstained) Leo Vartan (Yes)
B-132 CHARLES KLINGBERG, ET AL.
Charles Klingberg, Kathleen Lamberti, Antoinette Macri, Elizabeth McCarthy, Nora McLeod and Karen Takeucki appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for the promotional examination for Records Technician 2, Motor Vehicles (PS9812T) Department of Transportation.
ACTION: The Merit System Board directed that these appeals be denied.
B-133 JUDICIARY CLERK 1 AND JUDICIARY CLERK 2
The Director, Division of Human Resource Management, requests that the Judiciary Clerk 1 and Judiciary Clerk 2 titles be allocated to the noncompetitive division of the career service on an interim basis for one complete pay period.
ACTION: The Merit System Board granted the request.
B-134 EARLY SETTLEMENTS
Barbara Berard Ancora Psychiatric Hospital Department of Human Services 10-day Suspension
Julia N. Cleveland New Lisbon Developmental Center Department of Human Services Release at the end of the working test period
Jillian Evertz County of Monmouth Health Care Facilities Resignation not in good standing
Michael Flynn Borough of Keansburg Department of Engineering and Public Works Removal
Ivan Lopez County of Atlantic Department of Public Safety Removal
Susan Polhemus County of Monmouth Health Care Facilities 25-day Suspension
Mark Singer County of Cumberland Health Department 7-day Suspension
ACTION: The Merit System Board acknowledged the settlements.
There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, March 27, 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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