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Robert M. Czech, Chairperson
Robert E. Brenner
Richard E. Williams

A regular meeting of the Civil Service Commission was held on Wednesday, January 19, 2011, in Trenton, New Jersey.

    PRESENT: Robert. M. Czech, Chairperson, Members Robert E. Brenner and Richard E. Williams; Pamela Ullman, Deputy Attorney General; Henry Maurer, Director, Division of Merit System Practices and Labor Relations.

    In accordance with L.1975, c.231, Robert M. Czech, Chairperson, 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 December 20, 2010, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

SECTION A - HEARING MATTERS

A-1     SETTLEMENTS

In the Matter of Janet Bates

Hunterdon Developmental Center

Department of Human Services

Removal

In the Matter of James A. Brice

Newark School District

Resignation not in good standing

In the Matter of Rudolph Buckwald

In the Matter of Robert Bullock

In the Matter of Jacqueline Byrd

New Jersey Home for Disabled Soldiers-Menlo Park

Department of Military and Veterans' Affairs

In the Matter of Alicea Harris

In the Matter of Generosa Hightower

Hunterdon Developmental Center

Department of Human Services

Removal

Northern State Prison

Department of Corrections

Removal

In the Matter of Wayne Hundemann

Borough of Carteret

Police Department

Suspension

In the Matter of April Jones

In the Matter of Jeremi Jones

Hudson County

Department of Roads and Public Property

Suspension

City of Newark

Fire Department

In the Matter of Robert A. Lombardi, Jr.

City of Newark

Department of Neighborhood and Recreational Services

Removal

In the Matter of Richard Martinez

In the Matter of Donna McCallum

Borough of Keyport

Department of Public Works

Removal

In the Matter of Robert Nelson

Trenton Psychiatric Hospital

Department of Human Services

Removal

New Jersey Memorial Home-Vineland

Department of Military and Veterans' Affairs

Removal

In the Matter of Elba Ortiz

Passaic County Board of Social Services

Removal and resignation not in good standing

In the Matter of James A. Thomas

Stratford Borough

Police Department

Removal

Lenworth Whyles

Ancora Psychiatric Hospital

Department of Human Services

Removal

RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT

ACTION:    The Civil Service Commission acknowledged all of the settlements except for Angel Delgado, which was held over for further clarification.

A-2     SCOTT CURTIS

Scott Curtis, Correction Sergeant, Mountainview Youth Correctional Facility, Department of Corrections, 120-working day suspension on charges of conduct unbecoming a public employee, other sufficient cause, neglect of duty, incompetency or inefficiency and violation of a rule, regulation, policy, procedure, order, or administrative decision.

Recommendation of the Administrative Law Judge - Modify the 120-working day suspension to a 90-working day suspension.

ACTION:  The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

A-3     CRAIG DURDEN

Craig Durden, Senior Correction Officer, Garden State Youth Correctional Facility, Department of Corrections, 30-working day suspension on charges of conduct unbecoming a public employee and neglect of duty. 

Recommendation of the Administrative Law Judge - Modify the 30-working day suspension to a 10-working day suspension.

ACTION:  The Civil Service Commission modified the recommendation of the Administrative Law Judge to a 20-working day suspension.

A-4     FLORENCE EBEL

Florence Ebel, Human Services Assistant, Hunterdon Developmental Center, Department of Human Services, release at the end of the working test period effective May 7, 2009.

Recommendation of the Administrative Law Judge - Uphold the release at the end of the working test period.

ACTION:  The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

A-5     WILLIAM L. LAYTON

William L. Layton, County Correction Officer, Burlington County, County Jail, 60-day suspension on charges of inability to perform duties, chronic or excessive absenteeism or lateness and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the 60-day suspension.

ACTION:  The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

A-6     HERMINIO MENDOZA

Herminio Mendoza, Public Works Inspector, City of Jersey City, Administration Department, 30-day suspension and a $330 fine on charges of insubordination, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge - Reverse the 30-day suspension and $330 fine.

ACTION:  The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

A-7     PAMELA MORTON

Pamela Morton, Youth Worker, Division of Youth and Family Services, Department of Children and Families, resignation not in good standing effective November 5, 2007, on charges of job abandonment and violation of a rule, regulation, policy, procedure, order or administrative decision.

Recommendation of the Administrative Law Judge - Modify the resignation not in good standing to a six-month suspension.

ACTION:  The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

A-8     BRUCE O'ROURKE

Bruce O'Rourke, Plumber/Steamfitter, Hagedorn Gero-Psychiatric Hospital, Department of Human Services, release at the end of the working test period effective October 11, 2009.

Recommendation of the Administrative Law Judge - Uphold the release at the end of the working test period.

ACTION:  The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

A-9     BORIS SHAMBAT

Boris Shambat, Information Technology Specialist, Office of Information Technology, release at the end of the working test period effective June 18, 2008.     

Recommendation of the Administrative Law Judge - Grant the appointing authority's motion to dismiss the appeal.

ACTION:  The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

A-10   ANGELO ANDRIANI

Angelo Andriani, Police Lieutenant, City of Hoboken, Police Department, removal effective May 10, 2010, on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty, other sufficient cause and violation of various Police Department rules and regulations.

Recommendation of the Administrative Law Judge - Modify the removal to a 90-day suspension.

ACTION:  The Civil Service Commission modified the recommendation of the Administrative Law Judge to a six (6) month suspension.

A-11   THOMAS GILSENAN

Thomas Gilsenan, Senior Correction Officer, Mountainview Youth Correctional Facility, Department of Corrections, removal on charges of conduct unbecoming a public employee, other sufficient cause, possession of contraband on State property or in State vehicles and violation of a rule, regulation, policy, procedure, order or administrative action.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION:  The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

A-12   KIM GOINES

Kim Goines, Juvenile Detention Officer, Middlesex County, Department of Adult Corrections, removal effective May 18, 2010, on charges of incompetency, inefficiency or failure to perform duties and neglect of duty.

Recommendation of the Administrative Law Judge - Modify the removal to a six-month suspension.

ACTION:  The Civil Service Commission modified the recommendation of the Administrative Law Judge and upheld the removal.

A-13   DONNA JACKSON

Donna Jackson, County Correction Officer, Hudson County, Department of Corrections, removal effective May 6, 2010, on charges of insubordination, excessive absenteeism, conduct unbecoming a public employee, incompetency, inefficiency, or failure to perform duties, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION:    The Civil Service Commission remanded this matter to the Office of Administrative Law.

A-14   DANIEL NELSON

Daniel Nelson, Senior Food Service Worker, Woodbine Developmental Center, Department of Human Services, resignation not in good standing effective March 23, 2009, on the charge of job abandonment and removal effective March 24, 2009, on the charge of insubordination.

Recommendation of the Administrative Law Judge - Uphold the resignation not in good standing and modify the removal to a 60-day suspension.

ACTION:  The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

A-15   KELLY NELSON

Kelly Nelson, Data Processing Technician, City of Newark, Department of Economic and Housing Development, resignation not in good standing effective March 19, 2009, on charges of being absent without notice for more than five days, neglect of duty and failure to perform duties.

Recommendation of the Administrative Law Judge - Reverse the resignation not in good standing.

ACTION:    The Civil Service Commission directed that this matter be held over.

A-16   JOSEPH OKAFOR

Joseph Okafor, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal effective April 7, 2008, on charges of conduct unbecoming a public employee, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge - Modify the removal to a six-month suspension.

ACTION:  The Civil Service Commission modified the recommendation of the Administrative Law Judge and upheld the removal.

A-17   CHRISTOPHER PALADINO

Christopher Paladino, Operating Engineer 1, Greystone Park Psychiatric Hospital, Department of Human Services, four removals effective December 17, 2008, on charges of violation of a policy and procedure, fighting or creating a disturbance in the workplace, threatening and intimidation, and conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Modify the removal to a six-month suspension.

ACTION:  The Civil Service Commission affirmed the recommendation of the Administrative Law Judge and mandated that the appellant complete an anger management course.

A-18   ALLAN ROSS

Allan Ross, Human Service Assistant, Woodbine Developmental Center, Department of Human Services, removal effective March 28, 2009, on charges of conduct unbecoming a public employee, physical or mental abuse of a patient, client, resident, or employee, inappropriate physical contact or mistreatment of a patient, client, resident or employee, neglect of duty, and violation of a rule, regulation, policy, procedure, order, or administrative order.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION:  The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

A-19   JOSEPH DESMOND (SETTLEMENT)

Joseph Desmond, Senior Correction Officer, South Woods State Prison, Department of Corrections, 30-working day suspension on charges of other sufficient cause, insubordination and violation of a rule, regulation, policy, procedure, order or administrative decision and removal effective March 18, 2010 on charges of conduct unbecoming a public employee, other sufficient cause, falsification and violation of a rule, regulation, policy, procedure, order or administrative decision.  Settled to a 15-day and 45-day suspension.

Recommendation of the Administrative Law Judge - Acknowledge the settlement.

ACTION:  The Civil Service Commission acknowledged the settlement.

A-20   SETTLEMENTS

In the Matter of Taja Durling

City of Trenton

Police Department

Suspension

In the Matter of Raymond Lopez

City of Camden

Police Department

Fine

RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT

ACTION:    The Civil Service Commission acknowledged the settlements.

SECTION B - MISCELLANEOUS MATTERS

B-1    CHANGE IN THE STATE CLASSIFICATION PLAN - ENVIRONMENTAL SPECIALIST

The Department of Environmental Protection (DEP) requests consolidation of nine of the twelve Environmental Specialist variant title series into the base title effective the first pay period following the Civil Service Commission's (Commission) action regarding this request.  The DEP also requests verbiage changes for three of the twelve Environmental Specialist variant title series effective the first pay period following the Commission's action regarding this request.  The DEP is undergoing a transformation process and this consolidation will provide the agency with some of the flexibility needed to more effectively meet its responsibilities while also providing employees with enhanced career opportunities.  The DEP has provided notice to the affected parties of the proposed changes in the classification plan.

ACTION:    The Civil Service Commission approved the recommended changes in the State Classification Plan, copies of which are attached hereto and made apart hereof, to be effective January 29, 2011.

B-2    CHANGE IN THE STATE CLASSIFICATION PLAN - ENVIRONMENTAL ENGINEER

The Department of Environmental Protection (DEP) requests consolidation of all of the Environmental Engineer variant title series into the base title effective the first pay period following the Civil Service Commission's action regarding this request.  The DEP is undergoing a transformation process and this consolidation will provide the agency with some of the flexibility needed to more effectively meet its responsibilities while also providing employees with enhanced career opportunities.  The DEP has provided notice to the affected parties of the proposed changes in the classification plan.

ACTION:    The Civil Service Commission approved the recommended changes in the State Classification Plan, copies of which are attached hereto and made apart hereof, to be effective January 29, 2011.

B-3    JASON CIVITANO

Jason Civitano (formerly Jason G. Smith) appeals his rejection as a Police Officer candidate by Union Township and its request to remove his name from the eligible list for Police Officer (S9999K) on the basis of psychological unfitness to perform effectively the duties of the position.

ACTION:    The Civil Service Commission directed that this appeal be denied.

B-4    ESTEBAN X. PEREZ

Esteban X. Perez appeals his rejection as a Police Officer candidate by Lakewood Township and its request to remove his name from the eligible list for Police Officer (S9999H) on the basis of psychological unfitness to perform effectively the duties of the position.

ACTION:    The Civil Service Commission directed that this appeal be denied.

B-5    JAMES RATTACASA

James Rattacasa, represented by Stephen B. Hunter, Esq., appeals his rejection as a Fire Fighter candidate by Hackensack and its request to remove his name from the eligible list for Fire Fighter (M2349H) on the basis of psychological unfitness to perform effectively the duties of the position.

ACTION:    The Civil Service Commission directed that this appeal be denied.

B-6    (KELLIE) YUAN FANG

(Kellie) Yuan Fang, an Administrative Analyst 2, Management Auditor, with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.

ACTION:    The Civil Service Commission directed that this appeal be denied.

B-7    SHIERNELL FRANCIS

Shiernell Francis, a Senior Correction Officer with the New Jersey State Prison, Department of Corrections, represented by Richard D. Cordry, Esq., appeals the denial of sick leave injury (SLI) benefits.

ACTION:    The Civil Service Commission directed that this appeal be referred to the Medical Examiners Panel.

B-8    RAYMOND ROYCE

Raymond Royce, a Correction Sergeant at Garden State Youth Correctional Facility, Department of Corrections, represented by Donald C. Barbati, Esq., appeals the denial of sick leave injury (SLI) benefits.

ACTION:    The Civil Service Commission directed that this appeal be granted.

B-9    RONALD TUCKER

Ronald Tucker, a Senior Correction Officer at Northern State Prison, Department of Corrections, represented by Daniel Geddes, Esq., appeals the denial of sick leave injury (SLI) benefits.

ACTION:    The Civil Service Commission directed that this appeal be referred to the Medical Examiners Panel.

B-10   ALBERTITO COLON

Albertito Colon, a former Senior Medical Security Officer with the Ann Klein Forensic Center, Department of Human Services, represented by Stephan Siegel, Esq., requests that the Civil Service Commission reinstate his appeal of his removal effective December 28, 2009, on charges, which was dismissed based on his failure to appear at his prehearing conference.

ACTION:    The Civil Service Commission directed that this request be denied.

B-11   AUDREY EDWARDS

Audrey Edwards, a former Senior Building Maintenance Worker with Trenton Psychiatric Hospital, Department of Human Services, requests that the Civil Service Commission reinstate her appeal of her resignation not in good standing effective December 11, 2008, which was dismissed based on her failure to appear at her settlement conference.

ACTION:    The Civil Service Commission directed that this request be denied.

B-12   DEBORAH ROULAND

Deborah Rouland, a former Senior Cottage Training Technician with Woodbridge Developmental Center, Department of Human Services, represented by Robert C. Little, American Federation of State, County, and Municipal Employees, requests that the Civil Service Commission reinstate her appeal of her removal effective October 24, 2008 and her resignation not in good standing effective October 23, 2008, on charges, which was dismissed based on her failure to appear at her settlement conference.

ACTION:    The Civil Service Commission directed that this request be granted.

B-13   JOHNNY LANTIGUA

Johnny Lantigua, represented by Samuel J. Halpern, Esq., appeals the determination of the Division of State and Local Operations, which upheld the removal of his name from the Police Officer (S9999H), Irvington, eligible list due to the falsification of his employment application.

ACTION:    The Civil Service Commission directed that this appeal be denied.

B-14   ALIYMA MUHAMMAD

Aliyma Muhammad appeals the decision of the Division of State and Local Operations, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Sheriff's Officer (S9999K), Camden County, eligible list on the basis of failure to appear for pre-employment processing. 

ACTION:    The Civil Service Commission directed that this appeal be granted.

B-15   JOINT ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST - ANTHONY MORELLI AND DISTRICT 1199J, NATIONAL UNION OF HOSPITAL AND HEALTH CARE EMPLOYEES, AFSCME V. HUDSON COUNTY

Administrative Law Judge (ALJ) Mumtaz Bari-Brown issued an Order of Consolidation and Predominant Interest in In the Matter of Anthony Morelli and District 1199J, National Union of Hospital and Health Care Employees, AFSCME v. Hudson County.  Based on the ALJ's Order, the Civil Service Commission and the Public Employment Relations Commission developed a Joint Order.  The proposed Order is now submitted for the Commission's adoption.

 ACTION:   The Civil Service Commission adopted the joint order.

B-16   JOINT ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST - IN THE MATTER OF DANIEL ROLDAN AND DANIEL ROLDAN V. MERCER COUNTY BOARD OF SOCIAL SERVICES

Acting Director and Chief Administrative Law Judge (ALJ) Laura Sanders issued an Order of Consolidation and Predominant Interest in In the Matter of Daniel Roldan and Daniel Roldan v. Mercer County Board of Social Services.  Based on the ALJ's Order, the Civil Service Commission and the Division on Civil Rights developed a Joint Order.  The proposed Order is now submitted for the Commission's adoption.

 ACTION:   The Civil Service Commission adopted the joint order.

B-17   JOINT ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST - ROBERT ZORN V. MERCER COUNTY AND JUVENILE JUSTICE TRAINING ACADEMY

Administrative Law Judge (ALJ) Susan M. Scarola issued an Order of Consolidation and Predominant Interest in In the Matter of Robert Zorn v. Mercer County and Juvenile Justice Training Academy.  Based on the ALJ's Order, the Civil Service Commission and the Public Employment Relations Commission developed a Joint Order.  The proposed Order is now submitted for the Commission's adoption.

ACTION:      The Civil Service Commission adopted the joint order.

B-18   PATRICK L. BEATTY

The Department of Human Services, represented by Nicole P. Grosvenor, Deputy Attorney General, requests interlocutory review of the order of Chief Administrative Law Judge (ALJ) Laura Sanders in Patrick L. Beatty v. Department of Human Services, CSC Docket No. 2010-3170, OAL Docket Nos. CSR 7891-10 and CSR 9025-10, pursuant to N.J.A.C. 1:1-14.10 (a).

ACTION:    The Civil Service Commission granted interlocutory review and reversed the Administrative Law Judge's Order in part.

B-19   MARCEL SCHACHT

Marcel Schacht, a County Police Officer with Bergen County, represented by John P. Rowland, Esq., requests interlocutory review of the order of  Administrative Law Judge (ALJ) Leslie Z. Celentano in Marcel Schacht v. Bergen County, CSC Docket No. 2008-348, OAL Docket No. CSV 9429-07, pursuant to N.J.A.C. 1:1-14.10(a).

ACTION:    The Civil Service Commission granted interlocutory review and reversed the Administrative Law Judge's Order in part.

B-20   RICHARD J. BUZBY

The Director, Division of State and Local Operations, petitions the Civil Service Commission for the retroactive permanent appointment of Richard J. Buzby to the title of Police Captain, Township of Little Egg Harbor, effective September 8, 2005.      

ACTION:    The Civil Service Commission directed that this request be granted.

B-21   JEFFREY CARRIER

The City of Plainfield petitions the Civil Service Commission to revive the Police Sergeant (PM2545D), Plainfield, eligible list, to appoint Jeffrey Carrier, effective December 20, 2005, and to effectuate the terms of a settlement agreement.

ACTION:    The Civil Service Commission directed that this request be granted.

B-22   ANNETTE HEIM

The appeal of Annette Heim, an Accounting Assistant with the City of Perth Amboy, of her removal effective January 30, 2009, on charges, was before Administrative Law Judge Margaret M. Monaco, who rendered her initial decision on June 11, 2010, recommending acknowledgement of the settlement of the parties.

ACTION:    The Civil Service Commission directed that this appeal be remanded to the Office of Administrative Law.

B-23   LEON DANIELS

The City of Salem, represented by David J. Puma, Esq., requested that the eligible list for Police Sergeant (PM2613H), City of Salem, be revived to effectuate the permanent appointment of Leon Daniels.

ACTION:    The Civil Service Commission directed that this request be granted.

B-24   HUMAN SERVICES SPECIALIST 4 (PC0784K), CAMDEN COUNTY BOARD OF SOCIAL SERVICES

The Camden County Board of Social Services requests the extension of the eligible list for Human Services Specialist 4 (PC0784K).

ACTION:    The Civil Service Commission directed that this request be granted.

B-25   LAW ENFORCEMENT EXAMINATION (S9999K)

The Division of Selection Services requests that the open-competitive pool resulting from the Law Enforcement Examination (S9999K) be extended for one year beyond its original expiration date or until a new pool is promulgated, whichever occurs first.

ACTION:    The Civil Service Commission directed that this request be granted.

B-26   OPEN-COMPETITIVE LISTS FOR FIRE FIGHTER

The Division of Selection Services requests that the open-competitive lists for Fire Fighter for certain local municipalities and entities be extended for one year beyond their original expiration dates or until new lists are promulgated, whichever occurs first.

ACTION:    The Civil Service Commission directed that this request be granted.

B-27   TEMPORARY LAYOFFS, JERSEY CITY

The Jersey City Supervisor's Association, Inc., represented by Bennie Anderson, President, appeals the temporary layoffs of employees in Jersey City for 12 days, commencing on September 3, 2010. 

ACTION:    The Civil Service Commission directed that this appeal be denied.

B-28   TEMPORARY LAYOFFS, CITY OF NEWARK

Newark Council 21, NJSCA, IFPTE, AFL-CIO, represented by David I. Fox, Esq., petitions the Civil Service Commission for a stay of Newark's temporary layoff of employees for a total of 18 days commencing on July 28, 2010. 

ACTION:    The Civil Service Commission directed that this petition be denied.

B-29   PERMANENT LAYOFFS, CITY OF NEWARK

Newark Council 21, NJSCA, IFPTE, AFL-CIO (Council 21), represented by David I. Fox, Esq., and the American Federation of State, County and Municipal Employees Council 52 and its two affiliated Locals 2297 and 2299 (AFCSME), represented by Sidney H. Lehmann, Esq., petition the Civil Service Commission (Commission) for a stay of Newark's layoff of non-public safety employees, effective November 12, 2010, pending the outcome of individual good faith layoff appeals.  Fraternal Order of Police, Lodge 12 (FOP), also represented by David I. Fox, Esq., petitions the Commission for a stay of Newark's layoff of public safety employees, also effective November 12, 2010, pending the outcome of individual good faith layoff appeals. 

ACTION:    The Civil Service Commission directed that these requests be denied.

B-30   (KELLIE) YUAN FANG

(Kellie) Yuan Fang, an Administrative Analyst 2, Management Auditor, with the Department of Transportation, appeals the determination of the Executive Director of the Division of Civil Rights and Affirmative Action, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace.

ACTION:    The Civil Service Commission directed that this appeal be denied.

B-31   STACEY M. BOSTON

Stacey M. Boston, a Classification Officer 2 with the Department of Corrections, requests reconsideration of the decision rendered on August 18, 2010, which upheld her ineligibility for the promotional examination for Supervising Classification Officer (PS2583I), Department of Corrections.

ACTION:    The Civil Service Commission directed that the petition for reconsideration be granted.

B-32   DALE CHIACCHIO

Dale Chiacchio, a Technical Assistant, Personnel, with the Department of Transportation, requests reconsideration of the decision rendered on December 2, 2009, which denied his appeal of his reassignment and referred the matter of his position classification to the Division of State and Local Operations.  Additionally, the appellant appeals the appointing authority's denial of his grievance. 

ACTION:    The Civil Service Commission directed that the request for reconsideration be denied and the appeal of the grievance be dismissed as moot.

B-33   NOAH FORMEY, ET AL.

Noah Formey, Robert Brunton, and Brian Zengewald, represented by Jessica S. Swenson, Esq., requests reconsideration of the decision of the Civil Service Commission, rendered on April 28, 2010, which denied their appeals of their layoff rights and Formey's appeal of the classification determination of his position.  

ACTION:    The Civil Service Commission directed that the requests for reconsideration be denied.

B-34   ANNETTE HANLEY

Annette Hanley, a former Police Records Clerk with the Passaic County Sheriff's Office, represented by Benjamin A. Spivack, Esq., requests reconsideration of the decision rendered on July 21, 2010, which ordered that her name be placed on the special reemployment list for Security Guard.

ACTION:    The Civil Service Commission directed that the request for reconsideration be granted, but affirmed prior decision denying Hanley's layoff rights appeal as untimely and denying her request for back pay.

B-35   JERSEY CITY REDEVELOPMENT AGENCY

The Jersey City Redevelopment Agency (JCRA), represented by Matthew J. Giacobbe, Esq., requests reconsideration of the May 27, 2009 Civil Service Commission decision, which denied its request to grant eight current employees of the JCRA permanent status in their respective titles.  It is noted that this matter was held over from the September 15, 2010 Civil Service Commission meeting for further review. 

ACTION:    The Civil Service Commission directed that the request for reconsideration be denied.

B-36   STEPHEN SKIPTON

Gloucester City requests reconsideration of the decision rendered on February 24, 2010, which ordered that the November 17, 2008 certification for Fire Fighter/Emergency Medical Technician (M2344H), Gloucester City, eligible list be reissued to allow the appointing authority to consider and appoint either Stephen Skipton, Ryan Walters or Ryan Fox. 

ACTION:    The Civil Service Commission directed that the request for reconsideration be denied.

B-37   DINA ROGERS, ET AL.

It is requested that the Civil Service Commission acknowledge the settlement reached between the former Department of Personnel and Dina Rogers, Joseph Paulillo and David DiLeo, which provides these individuals with permanent appointments and retroactive dates of appointment to titles in the Hearing Officer series.

ACTION:    The Civil Service Commission acknowledged the settlement.

VOTE:         Robert M. Czech  (Abstained)

  Robert E. Brenner        (Yes)

  Richard E. Williams      (Yes)

B-38   JENNIFER CYPHERS

Jennifer Cyphers, a former County Correction Officer with Burlington County, represented by Kevin P. McGovern, Esq., requests that the Civil Services Commission reinstate her to her position after a determination by the Police and Firemen's Retirement System that she is no longer disabled and is fit for duty.

ACTION:    The Civil Service Commission directed that this request be granted.

B-39   STEVEN R. JOHNSON

Steven R. Johnson, a former Printing Operations Manager with New Jersey City University, appeals the determination of the Classification and Compensation Unit, which denied his claim for Supplemental Compensation on Retirement (SCOR) for unused sick leave.

ACTION:    The Civil Service Commission directed that this appeal be denied.

B-40   KURT BROWN

The Division of State Police, Department of Law & Public Safety, requests that the provisions of N.J.A.C. 4A:4-1.1(c) be relaxed in order to allow Kurt Brown to be provisionally appointed, pending promotional examination procedures, to the competitive title of Senior Stock Clerk.

ACTION:    The Civil Service Commission directed that this request be granted.

B-41   WILLIAM DONAHUE

The Department of Law & Public Safety, on behalf of William Donahue, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit him to donate more than 30 days to Paula Donahue, who is participating in the donated leave program. 

ACTION:    The Civil Service Commission directed that this request be granted.

B-42   DONALD FANTASIA

The Township of West Milford requests relaxation of N.J.A.C. 4A:4-7.1A(c) so as to permit the intergovernmental transfer of Donald Fantasia from the title of Sheriff's Officer, Morris County Sheriff's Office, to the title of Police Officer, West Milford.

ACTION:    The Civil Service Commission directed that this request be granted.

B-43   STEPHEN GENTLE

The Township of Vernon requests relaxation of N.J.A.C. 4A:4-7.1A(c) so as to permit the intergovernmental transfer of Stephen Gentle from the title of Sheriff's Officer, Morris County Sheriff's Office, to the title of Police Officer, Vernon.

ACTION:    The Civil Service Commission directed that this request be granted.

B-44   STEPHEN HERZOG

The Township of West Milford requests relaxation of N.J.A.C. 4A:4-7.1A(c) so as to permit the intergovernmental transfer of Stephen Herzog from the title of Sheriff's Officer, Morris County Sheriff's Office, to the title of Police Officer, West Milford.

ACTION:    The Civil Service Commission directed that this request be granted.

B-45   LEONARD GILBERT

The Division of State and Local Operations requests that the provisions of N.J.A.C. 4A:4-1.1(c) be relaxed in order to allow Leonard Gilbert to be provisionally appointed, pending promotional examination procedures, to the competitive title of Communications Systems Technician 2.

ACTION:    The Civil Service Commission directed that this request be granted.

B-46   RONALD KOUMARAS

The Township of Vernon requests relaxation of N.J.A.C. 4A:4-7.1A(c) so as to permit the intergovernmental transfer of Ronald Koumaras from the title of Sheriff's Officer, Morris County Sheriff's Office, to the title of Police Officer, Vernon.

ACTION:    The Civil Service Commission directed that this request be granted.

B-47   LEWIS LABAR AND STEPHEN ROVETTO

The Township of Vernon requests relaxation of N.J.A.C. 4A:4-7.1A(c) so as to permit the intergovernmental transfer of Lewis LaBar and Stephen Rovetto  from the title of Sheriff's Officer, Sussex County Sheriff's Office, to the title of Police Officer, Vernon.

ACTION:    The Civil Service Commission granted the requests.

B-48   JOSEPH E. PASSARELLI

The Department of Transportation requests that the provisions of N.J.A.C. 4A:4-1.1(c) be relaxed in order to allow Joseph E. Passarelli to be provisionally appointed, pending promotional examination procedures, to the competitive title of Telecommunications Systems Analyst 3.

ACTION:    The Civil Service Commission directed that this request be granted.

B-49   BENEDETTO PULONE

The Department of the Treasury, on behalf of Benedetto Pulone, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit Mr. Pulone to donate more than 30 sick days to Mark Ridge, who is participating in the donated leave program. 

ACTION:    The Civil Service Commission directed that this request be granted.

B-50   SEAN SIMPKINS

The City of Salem, represented by David J. Puma, Esq., requests relaxation of N.J.A.C. 4A:4-7.1A(c) so as to permit the intergovernmental transfer of Sean Simpkins from the title of Sheriff's Officer, Salem County Sheriff's Office, to the title of Police Officer, City of Salem.

ACTION:    The Civil Service Commission directed that this request be granted.

B-51   KYLE WITTY

The Borough of Bergenfield requests relaxation of N.J.A.C. 4A:4-7.1A(c) so as to permit the intergovernmental transfer of Kyle Witty from the title of Sheriff's Officer, Morris County Sheriff's Office, to the title of Police Officer, Bergenfield.

ACTION:    The Civil Service Commission directed that this request be granted.

B-52   TABATHA JOHNSON

The Department of Corrections requests that it be permitted to promote Tabatha Johnson from the non-competitive title of Clerk Typist to the competitive title of Senior Data Entry Machine Operator pursuant to N.J.A.C. 4A:4-1.1(c)2. 

ACTION:    The Civil Service Commission directed that this request be granted.

B-53   ANGEL PARED

Angel Pared, a Police Officer with the City of Newark, represented by Anthony J. Fusco, Jr., requests back pay from March 26, 2010 through May 17, 2010 during the period of his suspension.

ACTION:    The Civil Service Commission directed that this request be granted in part.

B-54   EDWARD SCHAEFER

Cinnaminson Township petitions the Civil Service Commission for a determination of Edward Schaefer's entitlement to permanent status.

ACTION:    The Civil Service Commission directed that this request be granted.

B-55   LAURIE VAN GENDEREN

Burlington County petitions the Civil Service Commission for a determination of Laurie Van Genderen's entitlement to permanent status.

ACTION:    The Civil Service Commission directed that this matter be held over.

B-56   PARKING ENFORCEMENT OFFICER (M1204L), PATERSON

The Division of State and Local Operations requests that Paterson be ordered to return the February 1, 2010 certification (OL100145) of the eligible list for Parking Enforcement Officer (M1204L) for proper disposition.

ACTION:    The Civil Service Commission directed that this request be granted.

B-57   DELINDA HOLMES

The Paterson Housing Authority appeals the decision of the Division of State and Local Operations that the proper classification of Delinda Holmes' position is Purchasing Agent.  The appointing authority seeks an Assistant Purchasing Agent classification. 

ACTION:    The Civil Service Commission directed that this appeal be denied, and Delinda Holmes' CAMPS' record be updated as specified.

B-58   DEAN MANNION

The appeal of Dean Mannion, a Fire Fighter with North Hudson Regional Fire and Rescue, of his six-day (24-hour tours) suspension, on charges, was heard by Administrative Law Judge Leslie Z. Celentano (ALJ), who rendered her initial decision on August 11, 2010, modifying the six-day (24-hour tours) suspension to a three-day (24-hour tours) suspension.  At its meeting on October 6, 2010, the Civil Service Commission adopted the ALJ's recommendation.  However, the Commission found it necessary to address the exceptions and cross exceptions filed by the parties. The proposed final decision is now submitted for the Commission's review.

ACTION:    The Civil Service Commission adopted the final decision.

VOTE:         Robert M. Czech  (Yes)

For record purposes Robert M. Czech voted "Yes" that the decision was an accurate reflection of the Commission's vote at its October 6, 2010 meeting even though he "Abstained" on the vote at the October 6, 2010 meeting as reflected in the October 6, 2010 minutes.

  Robert E. Brenner        (Abstained)

  Richard E. Williams      (Abstained)

B-59   DANIEL JOSEPH NESHAN

The appeal of Daniel Joseph Neshan, a Building Maintenance Worker with the Borough of Fort Lee, of his removal, effective October 10, 2007, on charges, was heard by Administrative Law Judge Gail M. Cookson (ALJ), who rendered her initial decision on July 14, 2010.  At its meeting on October 6, 2010, the Civil Service Commission did not adopt the ALJ's recommendation to modify the removal to a six-month suspension. Rather, the Commission upheld the removal.  The proposed final decision is now submitted for the Commission's review.

ACTION:    The Civil Service Commission adopted the final decision.

VOTE:         Robert M. Czech  (Yes)

  Robert E. Brenner        (Abstained)

  Richard E. Williams      (Abstained)

B-60   JULIO RIVERA, ET AL.

The appeals of Julio Rivera, Alberto Lijo, and Luis Gonzalez, Police Officers with the City of Newark, and Fernando Ramirez, a Police Sergeant with the City of Newark, of their 15-working day suspensions, on charges, were heard by Administrative Law Judge James A. Geraghty (ALJ), who rendered his initial decision on June 1, 2010.  At its meeting on October 6, 2010, the Civil Service Commission did not adopt the ALJ's recommendation to modify the 15-working day suspensions to official written reprimands. Rather, the Commission upheld the 15-working day suspensions.  The proposed final decision is now submitted for the Commission's review

ACTION:    The Civil Service Commission adopted the final decision.

VOTE:         Robert M. Czech  (Yes)

  Robert E. Brenner        (Abstained)

  Richard E. Williams      (Abstained)

B-61   HANA ELEZI

Hana Elezi appeals the determination of the Division of Selection Services which found that she did not meet the experience requirement for the promotional examination for Assistant Director of Social Rehabilitation Services (PC0785L), Hudson County. 

ACTION:    The Civil Service Commission directed that this appeal be denied and the Division of Selection Services announce a new examination for Assistant Director of Social Rehabilitation Services, Hudson County.

B-62   CHRISTIAN HENEHAN, ET AL.

Christian Henehan, Gary Miller, Stefan Niedziela and Vincent Volinski appeal the determinations of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Custodian (PM0975L), Brick Township Board of Education. 

ACTION:    The Civil Service Commission directed that these appeals be granted.

B-63   CHARLES V. KLINGBERG, SR.

Charles V. Klingberg, Sr., 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, Division of Motor Vehicles (PS5280T), Motor Vehicle Commission.  

ACTION:    The Civil Service Commission directed that this appeal be granted.

B-64   JACQUES A. SORET AND FRANK F. CURCIO

Jacques A. Soret and Frank F. Curcio appeal the determinations of the Division of Selection Services which found that they did not satisfy the requirements for the promotional examination for Administrative Analyst 2, Data Processing (PS8049K), Department of Children and Families.  

ACTION:    The Civil Service Commission directed that the appeals be denied and the appointing authority immediately comply with the Division of State and Local Operations' May 6, 2010 determination regarding Mr. Soret's position.

B-65   JEFFREY CLARK

The Division of State and Local Operations, on behalf of the Motor Vehicle Commission, requests that Jeffrey Clark's out-of-title work experience be accepted to qualify him for a lateral title change to Head Procurement Clerk.

ACTION:    The Civil Service Commission directed that this request be granted.

B-66   MIGUEL GONZALEZ

The Division of State and Local Operations, on behalf of the Department of Community Affairs, requests that Miguel Gonzalez's out-of-title work experience be accepted to qualify him for a prospective promotional examination for Program Support Specialist 1, Assistance Programs. 

ACTION:    The Civil Service Commission granted the request.

B-67   GLORIA GRANT, ET AL.

The Department of Environmental Protection requests that Gloria Grant, Mark Gruzlovic, and Jerry Schoenleber receive an effective date of February 2, 2008 in the title of Supervising Environmental Specialist, Site Remediation for title seniority purposes.

ACTION:    The Civil Service Commission granted the request.

B-68   DAVID BALDASARI, ET AL.

David Baldasari, Juei-Hwa Chen-Wang, and Michael Turner, represented by Sandra L. McGraw, Staff Representative, Communications Workers of America, Local 1032, appeal the cancellation of the promotional examination for Supervisor, Information Technology (PS6403U), Office of Information Technology.

ACTION:    The Civil Service Commission directed that these appeals be denied.

B-69   SALARY REGULATIONS, FY 2010

Submitted for the Civil Service Commission's review are the Salary Regulations, Supplement Two, Section Three, Fiscal Year 2010.  These salary regulations, which concern Special Incentive Programs, have been approved by Robert M. Czech, Chair/CEO, Civil Service Commission, and Charlene M. Holzbaur, Director, Division of Budget and Accounting. It is recommended that the Commission record these salary regulations.

ACTION:    The Civil Service Commission recorded the Salary Regulations.

B-70   BOROUGH OF WOODLYNNE

The Borough of Woodlynne requests a rule relaxation to permit Police Officers who do not meet the requirements of N.J.A.C. 4A:4-2.6(b) to apply for a Police Sergeant examination.

ACTION:    The Civil Service Commission granted the request.

B-71   DECLAN MADDEN

Declan Madden, a former Senior Park Maintenance Worker with the Department of Parks and Recreation, Village of Ridgewood, represented by Sanford R. Oxfeld, Esq., appeals the determination of his layoff rights by the Division of State and Local Operations.

ACTION:    The Civil Service Commission directed that this appeal be granted in part.

B-72   STEVEN GERLING, ET AL.

Steven Gerling (PM5007M), Brick; Jordan Alexiou and Michael Kelly (PM5017M), Elizabeth; John Feltes (PM5021M), Hamilton; Jaime Navarro (PM5035M), Paterson; Peter Szpakowski (PM5045M), Trenton; and Matthew Palardy (PM5054M), West Orange; appeal the written examination for Police Lieutenant (various jurisdictions).

ACTION:    The Civil Service Commission directed that these appeals be denied.

B-73   CIVIL SERVICE COMMISSION MINUTES

Submitted for adoption are the Civil Service Commission minutes of its meeting of October 6, 2010.

ACTION:    The Civil Service Commission adopted the minutes of its meeting of October 6, 2010.

VOTE:         Robert M. Czech  (Yes)

  Robert E. Brenner        (Abstained)

  Richard E. Williams      (Abstained)

B-74   NAZIA MUGHIS-SOHRAWARDY

The parties request that the Civil Service Commission acknowledge the settlement reached between the Department of Environmental Protection and Nazia Mughis-Sohrawardy, which provides her with a permanent appointment and retroactive date of appointment to the title of Senior Environmental Engineer, Water Resources.

ACTION:    The Civil Service Commission acknowledged the settlement.

B-75   ANDELSON MINDEST

The Borough of Lodi, on behalf of Andelson Mindest, requests that he be permitted to participate in the intergovernmental transfer program and to complete the remainder of his working test period as a Police Officer with Lodi.

ACTION:    The Civil Service Commission granted the request.

B-76   NICHOLAS SNOOK

The Township of West Milford requests relaxation of N.J.A.C. 4A:4-7.1A(c) so as to permit the intergovernmental transfer of Nicholas Snook from the title of Sheriff's Officer, Morris County Sheriff's Office, to the title of Police Officer, West Milford.

ACTION:    The Civil Service Commission granted the request.

B-77   PERMANENT LAYOFFS, CITY OF ORANGE TOWNSHIP

Orange PBA Local No. 89, Orange Police Superior Officers Association, Orange FMBA Local No. 89 and Orange FMBA Local No. 210, represented by David I. Fox, Esq., petition the Civil Service Commission for a stay of Orange's layoff of public safety employees, effective January 7, 2011, pending the outcome of individual good faith layoff appeals. 

ACTION:    The Civil Service Commission denied the request.

B-78   PROPOSED AMENDMENTS:  N.J.A.C. 4A:1-1.3, DEFINITIONS; 4A:1-3.1, 3.2, AND 3.3, GENERAL RULES AND DEPARTMENT ORGANIZATION

Submitted for the Commission's approval is a Notice of Proposal of amendments to N.J.A.C. 4A:1-1.3, Definitions; 4A:1-3.1, General provisions; 4A:1-3.2, Chairperson; and 4A:1-3.3, Civil Service Commission.  These amendments, necessitated by P.L.2008, c. 29, change references to the Department of Personnel and Merit System Board to the Civil Service Commission, and references to the Commissioner of Personnel to the Chairperson.  Additionally, the amendments delineate the respective powers and duties of the Commission and the Chairperson.  It is recommended that this proposal be approved for publication in the New Jersey Register for public notice and comment.

ACTION:    The Civil Service Commission approved the proposal for publication.

B-79   STATE CLASSIFICATION PLAN, MOTOR VEHICLE COMMISSION

The Motor Vehicle Commission requests that the employees affected by the consolidation of titles to the Technician, MVC, title series, effective July 3, 2010, be "cross-walked" to the step closest to, but not lower than, their current salary in the new salary range associated with their title, in order to resolve an appeal filed by the Communications Workers of America, Local 1033, which challenged the utilization of salary regulation FY10 Section IV(I) in calculating the new salaries of those employees.

ACTION:    The Civil Service Commission granted the request.

There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, February 2, 2011, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

  _______________________________

       Robert M. Czech

       Chairperson

      Civil Service Commission