Civil Service Commission | Meeting Minutes of January 19, 2022

Deirdré L. Webster Cobb, Chairperson

Dolores Gorczyca

Daniel W. O’Mullan

Diomedes Tsitouras

JANUARY 19, 2022

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A regular meeting of the Civil Service Commission was held on Wednesday, January 19, 2022, at 10:00 a.m., in Trenton, New Jersey.

PRESENT: Deirdré L. Webster Cobb, Chairperson, Members Dolores Gorczyca, Daniel W. O’Mullan and Diomedes Tsitouras; Pamela Ullman, Deputy Attorney General; Allison Chris Myers, Director, Division of Appeals and Regulatory Affairs. All individuals listed participated via teleconference.

In accordance with L.1975, c.231, the Secretary to the Civil Service Commission 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 22, 2021, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

CIVIL SERVICE COMMISSION MINUTES

Submitted for adoption are the Civil Service Commission minutes of its meeting of December 15, 2021.

ACTION: The Civil Service Commission adopted the minutes of its meeting of December 15, 2021.

WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the hearing calendar:

James Delre, Police Officer, City of Trenton, Police Department, removal.

Daniel Dixon, Water Treatment Plant Operator, City of Trenton, Department of Water and Sewer, removal.

Scott Stein, Police Sergeant, Lawrence Township, Department of Public Safety, suspension.

Tonya St. Bernard, Police Officer, City of East Orange, Department of Public Safety, removal.

Sharieff Young, Parking Enforcement Officer/Parking Meter Collector, City of Jersey City, Department of Public Safety, suspension.

ACTION: The Civil Service Commission noted the withdrawal of appeals without prejudice.

SECTION A – HEARING MATTERS

A-1 SETTLEMENTS

Henry Hoang

Motor Vehicle Commission

Suspension

Charlotte Jagri

Hunterdon Developmental Center

Department of Human Services

Removal

Saboor Kelly

New Jersey Veterans Memorial Home - Paramus

Department of Military and Veterans Affairs

Removal

Bernadette King

Bayside State Prison

Department of Corrections

Removal

Maurice Lewis

Juvenile Justice Commission

Suspension

VOTE: Deirdrè L. Webster Cobb (Yes)

Dolores Gorczyca (Recuse)

Daniel W. O’Mullan (Yes)

Diomedes Tsitouras (Yes)

Ayinde Martin

City of East Orange

Department of Public Works

Suspension

Shakerah Parker

Hunterdon Developmental Center

Department of Human Services

Removal

Carmen Rivera

City of Newark

Department of Public Safety

Suspension

Khalil Sellers

Newark School District

Demotion

ACTION: The Civil Service Commission acknowledged the settlements.

A-2 CHARITY BROWN – CSC DOCKET NO. 2020-946

Charity Brown, Safety Specialist 2, MVC, Motor Vehicle Commission, 30 working day suspension, on charges of conduct unbecoming a public employee, chronic or excessive absenteeism or lateness and other sufficient cause.

Recommendation of the Administrative Law Judge – Dismiss the appeal for failure to appear.

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

A-3 RICHARD FRASCATI – CSC DOCKET NO. 2020-985

Richard Frascati, Police Officer, Freehold Borough, Police Department, removal effective April 11, 2019, on charges of inability to perform duties.

Recommendation of the Administrative Law Judge – Uphold the removal.

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

A-4 DERRICK GULLY - CSC DOCKET NO. 2021-358

Derrick Gully, Senior Maintenance Repairer, City of Newark, Department of Water and Sewer, resignation not in good standing, effective June 29, 2020, on charges of inability to perform duties, chronic or excessive absenteeism or lateness, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge – Uphold the resignation not in good standing.

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

A-5 ANDREW JUTTNER – CSC DOCKET NO. 2021-541

Andrew Juttner, Battalion Fire Chief, City of Plainfield, Fire Department, 20 working day suspension, on charges of incompetency, inefficiency or failure to perform duties, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge – Uphold the 20 working day suspension.

ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge to a 10 working day suspension.

A-6 GAMAL MOHIELDIN – CSC DOCKET NO. 2019-1903

Gamal Mohieldin, Laborer 1, Burlington City, Department of Public Works, removal effective August 28, 2018, on charges of conduct unbecoming a public employee, discrimination and other sufficient cause.

Recommendation of the Administrative Law Judge – Uphold the removal.

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

A-7 GERALD MURPHY – CSC DOCKET NO. 2021-1948

Gerald Murphy, County Correctional Police Officer, Camden County Correctional Facility, removal effective January 14, 2021, on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause.

Recommendation of the Administrative Law Judge – Uphold the removal.

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

SECTION B – MISCELLANEOUS MATTERS

B-1 T.D.C. – CSC DOCKET NO. 2021-1663

T.D.C., represented by Theresa Richardson, Esq., appeals his rejection as a Fire Fighter candidate by Paterson and its request to remove his name from the eligible list for Fire Fighter (M1863W) 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-2 A.M.D. – CSC DOCKET NO. 2021-1741

A.M.D., represented by Lauren Sandy, Esq., appeals her rejection as a Fire Fighter candidate by Paterson and its request to remove her name from the eligible list for Fire Fighter (M1863W) on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-3 C.A.F. – CSC DOCKET NO. 2021-833

C.A.F. appeals his rejection as a Police Officer candidate by Jersey City and its request to remove his name from the eligible list for Police Officer (S9999A) 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 R.A.J. – CSC DOCKET NO. 2021-1750

R.A.J., represented by Stephen B, Hunter, Esq., appeals his rejection as a Police Officer candidate by Clifton and its request to remove his name from the eligible list for Police Officer (S9999A) on the basis of psychological unfitness to perform effectively the duties of the position.

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

B-5 C.J.S. – CSC DOCKET NO. 2021-569

C.L.S., represented by Robert K. Chewning, Esq., appeals his rejection as a Fire Fighter candidate by Roselle and its request to remove his name from the eligible list for Fire Fighter (M1870W) 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 J.T. – CSC DOCKET NO. 2021-1609

J.T. appeals his rejection as a County Correctional Police Officer by Camden County and its request to remove his name from the eligible list for County Correctional Police Officer (S9999A) 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-7 TYVAUGHN BEDFORD – CSC DOCKET NO. 2022-532

Tyvaughn Bedford appeals the removal of his name from the Fire Fighter (M1816W), East Orange, eligible list on the basis of falsification of the employment application.

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

B-8 JAMES COLON – CSC DOCKET NO. 2021-1822

James Colon, Jr. appeals the removal of his name from the eligible list for Fire Fighter (M1874W), Trenton on the basis of an unsatisfactory driving record.

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

B-9 STEVEN DEJESUS – CSC DOCKET NO. 2022-615

Steven DeJesus, represented by Bette R. Grayson, Esq., appeals the removal of his name from the Police Officer (S9999A), Newark, eligible list for falsification of the employment application.

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

B-10 JEFFREY DESIMONE – CSC DOCKET NO. 2021-1886

Jeffrey DeSimone, represented by Catherine M. Elston, Esq., appeals the removal of his name from the Police Officer (S9999A), Lakewood, eligible list for falsification of the employment application.

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

B-11 ERIKA GAINES – CSC DOCKET NO. 2022-673

Erika Gaines, represented by Henry F. Furst, Esq., appeals the decision to remove her name from the County Correctional Police Officer (S9999A), Essex County eligible list on the basis of falsification of the employment application.

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

B-12 JAMES GARRISON, JR. – CSC DOCKET NO. 2022-642

James Garrison, Jr., appeals the decision to remove his name from the Police Officer (S9999A), Newark eligible list on the basis of an unsatisfactory background report.

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

B-13 NAZHA HANAFI – CSC DOCKET NO. 2022-855

Nazha Hanafi appeals the removal from the eligible list for Motor Vehicle Operator 1 - 10 months (S1094A), Statewide, due to her failure to respond to the certification notice.

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

B-14 DIAMOND OLIVERA – CSC DOCKET NO. 2022-566

Diamond Olivera appeals the removal of her name from the Police Officer (S9999A), Newark, eligible list on the basis of an unsatisfactory background report.

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

B-15 DANIEL RESOLUS – CSC DOCKET NO. 2021-1872

Daniel Resolus appeals the removal of his name from the eligible list for Police Officer (S9999A), Orange on the basis of falsification of the employment application.

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

B-16 ANIS SADAQA – CSC DOCKET NO. 2022-732

Anis Sadaqa appeals the removal of his name from the Correctional Police Officer (S9999A), Department of Corrections, eligible list on the basis of an unsatisfactory driving record.

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

B-17 SEDIYAH WEBSTER – CSC DOCKET NO. 2022-815

Sediyah Webster appeals the decision to remove her name from the County Correctional Police Officer (S9999A), Essex County eligible list on the basis of falsification of the employment application.

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

B-18 QUANG TRAN – CSC DOCKET NO. 2022-763

Quang Tran appeals the bypass of his name on the Human Services Specialist 3 (PC0204A), Camden County Board of Social Services eligible list.

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

B-19 JOANNE BURKE – CSC DOCKET NO. 2022-804

Joanne Burke requests to file a late application for the promotional examination for Clerk 2 (PC4379C), Union County.

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

B-20 MICHAEL CALZONETTI – CSC DOCKET NO. 2022-1061

Michael Calzonetti requests permission to file a late application for the promotional examination for Police Sergeant (PM4552C), Gloucester City.

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

B-21 NICHOLE DAVIS – CSC DOCKET NO. 2022-1205

Nichole Davis requests permission to file a late application for the promotional examination for Police Sergeant (PM4581C), Borough of Lindenwold.

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

B-22 WALTER EVANS – CSC DOCKET NO. 2022-1292

Walter Evans requests to file a late application for the promotional examination for Youth Work Supervisor (PS7098P), Juvenile Justice Commission.

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

B-23 M.J.F. – CSC DOCKET NO. 2022-1310

M.J.F. requests permission to file a late application for the promotional examination for Police Sergeant (PM4633C), Ringwood.

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

B-24 MATTHEW FOLIS – CSC DOCKET NO. 2022-1164

Matthew Folis requests permission to file a late application for the promotional examination for Police Sergeant (PM4544C), Ewing.

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

B-25 JOSEPH HYNES – CSC DOCKET NO. 2022-1158

Joseph Hynes requests to file a late application for the promotional examination for Police Sergeant (PM4628C), Point Pleasant Borough.

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

B-26 V.L. – CSC DOCKET NO. 2022-1156

V.L., represented by Albert J. Seibert, Esq., requests to file a late application for the promotional examination for Police Sergeant (PM4619C), Paterson.

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

B-27 MONIQUE MCCAIN – CSC DOCKET NO. 2022-1436

Monique McCain requests to file a late application for the promotional examination for Program Support Specialist 3, Assistance Programs (PS6975K), Division of Medical Assistance and Health Services.

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

B-28 JUSTIN MECCIA – CSC DOCKET NO. 2022-1063

Justin Meccia requests to file a late application for the promotional examination for Police Sergeant (PM4604C), New Brunswick.

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

B-29 DAVID MORRIS – CSC DOCKET NO. 2022-1042

David Morris requests permission to file a late application for the promotional examination for Police Sergeant (PM4544C), Ewing.

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

B-30 ARCADIO ALVARADO – CSC DOCKET NO. 2021-1327

Arcadio Alvarado, Jr., appeals the determination of the Division of Agency Services that he was below the minimum requirements in experience for the promotional competitive examination for Social Work Supervisor (PC2024B), Camden County Board of Social Services.

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

B-31 JAMES BONANNO – CSC DOCKET NO. 2022-500

James Bonanno appeals the determination of the Division of Agency Services, that he did not meet the experience requirements for the promotional examination for Supervising Planner, Transportation (M0220C), Asbury Park.

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

B-32 JACK BONSALL AND ALBERT GARTH – CSC DOCKET NOS. 2021-1983 AND 2022-49

Jack Bonsall and Albert Garth appeal the determinations of the Division of Agency Services, which found that they did not meet the experience requirements for the promotional examination for Maintenance Worker 2 Grounds (PC2803B), Atlantic County.

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

B- 33 FREDERICK BUSH – CSC DOCKET NOS. 2022-980

Frederick Bush appeals the determination of the Division of Agency Services, which found that he did not meet the experience requirement for the promotional examination for Maintenance Supervisor Grounds (PM4348C), Mount Laurel.

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

B-34 YESENIA CARPIO – CSC DOCKET NO. 2022-472

Yesenia Carpio appeals the determination of the Division of Agency Services that she did not meet the experience requirement for the promotional examination for Management Assistant (PM2136B), Jersey City.

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

B-35 DELLA FISCHER – CSC DOCKET NO. 2022-799

Della Fischer appeals the determination of the Division of Agency Services that she did not meet the experience requirements for the open competitive examination for Senior Community Relations Specialist (M0263C), Paterson.

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

B-36 LONI LUCINA – CSC DOCKET NO. 2022-479

Loni Lucina appeals the determination of the Division of Agency Services that she did not meet the experience requirement for the promotional examination for Code Enforcement Officer/Zoning Officer (PM0521C), Holmdel.

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

B-37 TINA PILIRO – CSC DOCKET NO. 2022-768

Tina Piliro appeals the determination of the Division of Agency Services that she did not meet the experience requirement for the promotional examination for Coordinator of Monitoring and Evaluation (PM3302C), City of Camden.

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

B-38 LINA SANCHEZ – CSC DOCKET NO. 2022-810

Lina Sanchez appeals the determination of the Division of Agency Services that she did not meet the experience requirements for the promotional examination for Clerk 3 (PC4384C), Union County.

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

B-39 CALEB STRATTON – CSC DOCKET NO. 2022-279

Caleb Stratton appeals the determination of the Division of Agency Services that she did not meet the experience requirement for the promotional examination for Assistant Business Administrator/Assistant Planner (PM2395C), Hoboken.

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

B-40 JEFFREY PENA – CSC DOCKET NO. 2022-1396

Jeffrey Pena appeals the denial of his request for a make-up examination for Fire Captain (PM2325C), Elizabeth.

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

B-41 JAMES COOK – CSC DOCKET NO. 2022-214

James Cook appeals the decision of the Division of Agency Services which found that his position with the Department of the Treasury is properly classified as Assistant Engineer-In-Charge of Maintenance 1. The appellant seeks an Engineer-In-Charge of Maintenance 2 job classification in this proceeding.

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

B-42 A.K. – CSC DOCKET NO. 2019-2557

A.K., a Judge of Compensation, Department of Labor and Workforce Development (DOL), appeals the determination of the Assistant Commissioner, DOL, stating that the appellant violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.

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

B-43 CHRISTOPHER FERRO – CSC DOCKET NO. 2022-1300

The Bergen County Sheriff’s Office, represented by Brian M. Hak, Esq., requests a stay of the Civil Service Commission’s decision in In the Matter of Christopher Ferro (CSC, decided October 27, 2021) pending its appeal to the Appellate Division.

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

B-44 BRIAN DAY – CSC DOCKET NO. 2022-908

Brian Day petitions the Civil Service Commission for reconsideration of the decision rendered on April 28, 2021, which denied his appeal regarding his ineligibility for the open-competitive examination for Assistant Institutional Fire Chief (S0455B), Statewide.

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

B-45 K.J.S. – CSC DOCKET NO. 2021-1816

K.J.S., represented by Michael J. Prigoff, Esq., requests reconsideration of the decision rendered on April 21, 2021, by the Civil Service Commission which found him to be psychologically unfit for a position as a Fire Fighter, Jersey City.

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

B-46 SEAN MCMANUS – CSC DOCKET NO. 2022-1342

The Superior Court of New Jersey, Appellate Division, has remanded the matter of Sean McManus’ grievance concerning the rate of cash overtime compensation.

ACTION: The Civil Service Commission reaffirmed its previous decision.

B-47 OVERTIME PROGRAM, DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT – CSC DOCKET NO. 2022-1510

The Department of Labor and Workforce Development requests that the provisions of N.J.A.C. 4A:3-5.3 continue to be relaxed to provide certain individuals in non-limited, non-exempt titles cash compensation at one and one-half times the regular rate for hours worked between 35 and 40 hours.

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

B-48 G.F. - CSC DOCKET NO. 2022-478

G.F., a Senior Correctional Police Officer with the Department of Corrections appeals the determinations of the Director of the Equal Employment Division, stating that the appellant failed to present sufficient evidence to support findings 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-49 FRANK KUMANKUMA-SARPONG - CSC DOCKET NO. 2022-1475

Frank Kumankuma-Sarpong requests to file a late application for the promotional examination for Family Service Supervisor (PC4847C), Essex County.

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

B-50 DANIEL NEVINS – CSC DOCKET NO. 2022-870

Daniel Nevins appeals the determination of the Division of Agency Services that he did not meet the experience requirements for the open competitive examination for Mechanic (C0027C), Sussex County.

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

B-51 JUSTIN POLLOCK – CSC DOCKET NO. 2022-871

Justin Pollock appeals the determination of the Division of Agency Services that he did not meet the experience requirements for the promotional examination for Mechanic (PM3221C), Monroe Township.

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

B-52 CHRISTIAN LACICERO - CSC DOCKET NO. 2022-756

Lavallette, represented by Eric M. Bernstein, Esq., requests a retroactive appointment date for Christian LaCicero, a Police Sergeant with Lavallette to May 5, 2014, based on administrative error. Lavallette also requests that Christian LaCicero be admitted to the promotional examination for Police Chief (PM4304C), Lavallette.

ACTION: The Civil Service Commission directed that these requests be granted

PUBLIC PORTION

No comments.

There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, February 2, 2022, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.