Ida L. Castro, Chairwoman
Alan Dexter Bowman
Josephine DiRienzo
Margaret E.L. Howard
Robert J. Long

A regular meeting of the Merit System Board was held on Wednesday, September 25, 2002, in Trenton, New Jersey.

PRESENT: Chairwoman Ida L. Castro, Merit System Board Members, Alan Dexter Bowman, Josephine DiRienzo, Margaret E. L. Howard and Robert J. Long; George Cohen, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.

In accordance with L.1975, c.231, Chairwoman Ida L. Castro 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 March 7, 2002, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

STATE
The Merit System Board recorded the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof.

DATE: September 25, 2002

TO: Ida L. Castro, Commissioner
Department of Personnel

FROM: Elizabeth Van Marter, Acting Director
Human Resources Management

SUBJECT: Change in the Classification Plan

DEPARTMENT OF THE TREASURY
The Department of the Treasury requests a two-range upward re-evaluation of the title Supervising Affirmative Action Assistant, Public Contracts. This title is utilized in the Division of Contract Compliance and Equal Opportunity in Contracts. Incumbents are responsible for supervising a statewide monitoring program to investigate the compliance of equal employment opportunity performance by contractors in public procurement and construction projects.

The re-evaluation is requested to compensate for the addition of new responsibilities. Enforcement activities have been shifted from the public agencies at the county and municipal levels to the State. The Assistant Chief title in this series has been abolished; the tasks performed at this level have been delegated to Supervisors. This level has also been delegated responsibility to promote, coordinate and supervise the monitoring of public agency, construction trades pilot training programs for minorities and women through contractual agreements with public, private schools and trade unions. The appropriate negotiations representatives have been formally advised of this request.

CHANGE IN SALARY EVALUATION
Effective: 05/04/02

FROM:
Supervising Affirmative Action Assistant, Public Contracts
R26-65514 C NL12

TO:
Supervising Affirmative Action Assistant, Public Contracts
R28-65514 C NL12

DATE: September 25, 2002

TO: Ida L. Castro, Commissioner
Department of Personnel

FROM: Elizabeth Van Marter, Acting Director
Human Resources Management

SUBJECT: Change in the Classification Plan

DEPARTMENT OF LAW AND PUBLIC SAFETY
The Department of Law and Public Safety requests a title verbiage change, title restructuring, and permission for the department-restricted use of a local title. This action will address a long-standing classification and promotion issue facing both state and local governments.

The Office of Weights and Measures, Division of Consumer Affairs, Department of Law and Public Safety, is the state agency responsible for ensuring that all commercial weights and measures devices accurately measure commodities sold to customers. Weights and Measures inspections are performed by state and local government employees under separate title series; all are under the oversight of the State Superintendent. The primary or entry-level title in both the state and local series requires a minimum of three years of experience. A Trainee title exists, but only for use by local government. Since use of a Trainee title is currently unavailable in State government, the State often resorts to hiring trained inspectors away from local government. By Administrative Code, the maximum length of a Trainee period is one year. However, Trainees who have completed the one year training period are technically ineligible to be elevated to the primary title since the they lack the requisite amount of experience for promotion. The nature of the work is such that experience is gained almost exclusively in a government environment. At present there are several local government incumbents serving in the Trainee title beyond the one-year period who do not meet the full experience requirement for the primary title. It is necessary to develop a solution to this matter for local government and, provide an avenue for hiring and promotion in state government.

In lieu of creating an additional level for this series it is recommended the existing Trainee title be converted to a Weights and Measures Apprentice. Research into practices of other states revealed the average training period for this function is three years. Apprenticeships are recognized as three-year preparation periods in other trade professions. The Apprenticeship will consist of formal classroom instruction coupled with on-the-job training. Work performance will be rated semi-annually during each twelve months of the three-year apprenticeship.
Those who successfully complete the apprentice program will be eligible for promotion to the primary title to the respective state or local series.

A forty-hour workweek and assignment to the F bargaining unit (Law Enforcement Unit, Non-Corrections, PBA) are requested to coincide with the workweek and bargaining unit of other levels in this series. The title should be retained in the career service.

Salaries for county and municipal government incumbents will be determined by local ordinance. In State service, Trainee titles are usually compensated at one range below the primary title for the duration of the one-year training period. Since the apprentice program is a three-year training period, it is requested that the salary be established at three ranges below the primary title. The salary plan was jointly developed by internal compensation staff and the Department of Law and Public Safety.

Existing Trainees having permanent status will be appointed to the Apprentice title with retention of status. They will remain in the Apprentice title until they have an aggregate of three years of service, at which time they may be appointed to the primary title pending completion of a working test period. Provisional Trainees appointed to the Apprentice title will be required to complete open-competitive examination procedures, and will be eligible for appointment to the primary title when they have an aggregate of three years of service.

Appropriate notice of this proposal has been provided to the affected negotiations representatives.

ESTABLISHMENT OF COMMON TITLE AND VERBIAGE CHANGE
Effective: 09/07/02

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

Mary Davis, Social Worker 2, Woodbine Developmental Center, Department of Human Services, suspension.

Arthur Erickson, Data Processing Programmer 2, Office of Information Technology, release at the end of the working test period.

Cordelia Fairley, Principal Clerk Transcriber, North Jersey Developmental Center, Department of Human Services, removal.

Antoinette Fiorentini, Public Safety Telecommunicator, City of Hoboken, removal.

William Gorcica, Police Officer, Police Department, Township of Jefferson, removal.

Lizsandra Marrero, Senior Clerk, Camden County Board of Social Services, resignation not in good standing.

Dawn Riley, Probation Officer, Department of Judiciary, suspension.

Rosalina M. Zoleta, Auditor 2, Taxation, Department of the Treasury, demotion.

DISMISSAL OF APPEALS - FAILURE TO APPEAR
The Merit System Board dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law.

Francis Dougherty, Administrative Analyst 1, Data Processing, Office of Information Technology, suspension.

Tia Taylor, Clerk Typist, Department of Human Services, County of Union, release at the end of the working test period.

Jeffrey Williams, Hospital Attendant, Runnells Hospital, County of Burlington, suspension.

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Phyllis Allen
Camden Vicinage
Suspension

In the Matter of Curtis Chiumento
County of Camden
Sheriff's Office
Suspension

In the Matter of Arthur Gibson
Northern State Prison
Department of Corrections
Suspension

In the Matter of Darlene Horne
Department of Treasury
Release at the end of the working test period

In the Matter of James McCallum
Town of Kearny
Police Department
Demotion and Removal

In the Matter of Ray Rose
Camden County Board of Social Services
Release at the end of the working test period

In the Matter of Louis Sepulveda
City of Newark
Police Department
Removal

In the Matter of Garven Smith
Northern State Prison
Department of Corrections
Suspension

In the Matter of Larry D. Tyson
Northern State Prison
Department of Corrections
Suspension

In the Matter of Linda Wade
Department of State
Removal

In the Matter of Cynthia Warren
Department of Labor
Release at the end of the working test period

In the Matter of Willie Williams, Jr.
County of Union
Department of Parks and Recreation
Removal

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

ACTION: The Merit System Board acknowledged the settlements.

A-2 VERA BORISOVS
Vera Borisovs, Practical Nurse, Vineland Developmental Center, Department of Human Services, resignation not in good standing effective December 7, 1999, on the charge of being absent from duty for five consecutive working days without approval.

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

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-3 GEORGINA BUSSEY
Georgina Bussey, Senior Correction Officer, New Jersey State Prison, Department of Corrections, 30-day suspension, on charges of incompetence, inefficiency or failure to perform duties, neglect of duty, loafing, idleness or willful failure to devote attention to tasks which could result in danger to persons or property and insubordination.

Recommendation of the Administrative Law Judge - Uphold the 30-day suspension.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-4 WINDSOR LEVEILLE

Windsor Leveille, Cottage Training Technician, Woodbridge Developmental Center, Department of Human Services, 30-day suspension on the charge of sleeping while on duty.

Recommendation of the Administrative Law Judge - Reverse the 30-day suspension.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-5 JILL MCGRANE
Jill McGrane, Intermittent Technical Assistant 3, Department of the Treasury, release at the end of the working test period effective February 21, 2001.

Recommendation of the Administrative Law Judge - Uphold the release at the end of the working test period.
.
ACTION: The Merit System Board directed that this matter be held over.

A-6 MICHAEL RAVENDA
Michael Ravenda, Plumbing Subcode Official, Borough of Lodi, Building Inspections Department, appeals the good faith of his layoff, effective August 3, 2001, for reasons of economy and efficiency.

Recommendation of the Administrative Law Judge - Uphold the layoff.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-7 ROBERT L. SHIELDS
Robert L. Shields, Senior Correction Officer, New Jersey State Prison, Department of Corrections, 30-day suspension on charges of insubordination and violation of rules regarding, inter alia, personal conduct, and removal effective March 28, 2001, on charges of incompetency, inefficiency, or failure to perform duties, neglect of duty, and violation of rules regarding performance.

Recommendation of the Administrative Law Judge - Uphold the 30-day suspension and removal.

ACTION: The Merit System Board directed that this matter be held over.

A-8 EVERSLEY SIFONTES

Eversley Sifontes, Police Officer, City of Newark, Police Department, ten-day suspension on charges of, inter alia, violation of Police Department rules and regulations regarding care and safety of Departmental property.

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

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-9 JAMES L. SMITH
James L. Smith, Motor Vehicle Operator 1, Department of Personnel, resignation not in good standing effective December 18, 2000, on the charge of unauthorized absences.

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

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-10 MICHAEL WALKER
Michael Walker, Police Officer, Township of Irvington, Police Department, 12-day suspension on the charge of violation of Police Department rules regarding sick leave policy and truthfulness.

Recommendation of the Administrative Law Judge - Modify the 12-day suspension to a four-day suspension.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-11 DAVID L. WEISS
David L. Weiss, Police Lieutenant, City of Perth Amboy, Police Department, 180-day suspension and demotion to the position of Police Sergeant effective November 23, 2000, on charges of insubordination, neglect of duty, knowingly and willfully making a false entry in any department report or record, failure to conduct proper, thorough, and complete investigations, insubordination, failure to submit properly written required reports within a reasonable or prescribed period of time as per regulations, and conduct subversive to the good order and discipline of the department.

Recommendation of the Administrative Law Judge - Uphold the 180-day suspension and the demotion to the position of Police Sergeant.

ACTION: The Merit System Board directed that this matter be held over.

A-12 CLARENCE BROCK
Clarence Brock, Parking Attendant, City of Trenton, Department of Housing and Development, removal effective March 15, 2001, on the charge of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-13 NASEEN A. MUHAMMAD
Naseen A. Muhammad, Police Officer, City of Passaic, Police Department, removal effective November 4, 1999, on charges of failure to perform duties, conduct unbecoming a public employee, neglect of duty, misuse of public property and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-14 SYBIL THREATS
Sybil Threats, Senior Correction Officer, Mid-State Correctional Facility, Department of Corrections, removal effective September 29, 2000, on charges of insubordination and violation of a rule, regulation, policy, procedure, order, or administrative decision.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board directed that this matter be held over.

A-15 DEXTER S. WRIGHT
Dexter S. Wright, Cottage Training Technician, New Lisbon Developmental Center, Department of Human Services, removal effective January 20. 2000, on charges of conduct unbecoming a public employee and reporting to work unfit for duty.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-16 CYNTHIA BAKER
Cynthia Baker, Police Officer, City of Newark, Police Department, ten-day suspension on charges of violation of Police Department rules regarding insubordination, neglect of duty, misuse of public property and obedience to orders. This matter was previously presented to the Merit System Board at its regular meeting of September 10, 2002, and was held over due to lack of quorum.

Recommendation of the Administrative Law Judge - Modify the ten-day suspension to an eight-day suspension.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-17 WILLIAM KLUSARITZ, JR.
William C. Klusaritz, Jr., Principal Accountant, County of Cape May, Treasurer's Office, removal effective November 18, 1997, on charges of incompetency, inefficiency, or failure to perform duties, insubordination, and inability to perform duties. This matter was previously presented to the Merit System Board at its regular meeting of September 10, 2002, for consideration by the full Board.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a six-month suspension.

A-18 JOSE MARTINEZ
Jose Martinez, Police Officer, City of Newark, Police Department, four-month suspension, on charges of violation of Police Department rules regarding absence without leave, unauthorized absence, accessibility to department surgeons and superior officers, malingering, efficiency and cooperation, and neglect of duty. This matter was previously presented to the Merit System Board at its regular meeting of September 10, 2002, and was held over due to lack of quorum.

Recommendation of the Administrative Law Judge - Uphold the four-month suspension.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-19 STEVEN ECKEL
Steven Eckel, Sheriff Officer, County of Middlesex, Sheriff's Department, ten-day suspension on charges of violation of department rules and regulations regarding loyalty, neglect of duty, performance of duty, insubordination, conduct towards superiors and associates, criticism of official acts or orders, and standard of conduct.

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

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-20 MATILDA ENDRESS
Matilda Endress, Senior Clerk Typist, County of Burlington, Department of Corrections, six-day suspension on charges of insubordination, conduct unbecoming a public employee and neglect of duty.

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

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-21 JACQUETTA SPINKS
Jacquettta Spinks, County Correction Officer, County of Union, Department of Public Safety, removal effective May 24, 2000, on the charge of conduct unbecoming a public employee.

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 EDISON ECHEVARRIA
Edison Echevarria 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-2 FREDERICK T. FENNING
Frederick T. Fenning, represented by George G. Frino, 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-3 DEREK GILLAM
Derek Gillam 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-4 ERIK G. MIICK
Erik G. Miick, represented by Michael R. Speck, Esq., appeals his rejection as a Police Officer candidate by the Township of Lakewood and its request to remove his name from the eligible list for Police Officer (S9999B) 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-5 DAVID RUIZ
David Ruiz appeals his rejection as a Fire Fighter candidate by the City of Camden and its request to remove his name from the eligible list for Fire Fighter 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 JOHN THEODOROLEAS
John Theodoroleas, represented by Craig Gumpel, 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 appeal be granted.

B-7 ROBERT J. THOMPSON
Robert J. Thompson 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-8 MIKE E. VIDAL
Mike E. Vidal 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 appeal be denied.

B-9 BEVERLEY COUNCIL
Beverley Council, a Senior Therapy Program Assistant at 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-10 JAMES A. DARNELL
James A. Darnell, a former Graduate Nurse with Ancora Psychiatric Hospital, Department of Human Services, appeals the denial of additional sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be denied.

B-11 BRENDA I. DAVIS
Brenda I. Davis, a Secretarial Assistant 1 with the Office of the public Defender, appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be denied.

B-12 GENEVA GREEN
Geneva Green, a Senior Building Maintenance Worker with Greystone Park 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-13 GARY MARGULIS
Gary Margulis, a Head Nurse at Trenton Psychiatric Hospital, Department of Human Services, represented by Benjamin Spivack, CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be denied.

B-14 LOURDES MCKEE
Lourdes McKee, a Senior Food Service Worker 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-15 THERESA S. ROBINSON
Theresa S. Robinson, a Practical Nurse with Ancora Psychiatric Hospital, Department of Human Services, appeal the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be granted.

B-16 THOMAS VERLEZZA
Thomas Verlezza, a Plumber and Steamfitter at Richard Stockton College of New Jersey, represented by Joseph Fava, Esq., appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be granted.

B-17 HAROLD WEBB
Harold Webb, a former Practical Nurse with Ancora 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-18 DERRICK R. BUTLER, SR.
Derrick R. Butler, Sr., 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 Correction Officer Recruit, Juvenile Justice (S9999B), Juvenile Justice Commission, on the basis of an unsatisfactory driving record.

ACTION: The Merit System Board directed that this appeal be denied.

B-19 ELVIS COLLADO
Elvis Collado appeals the removal of his name from the eligible list for Police Officer (S9999A), City of Newark on the basis of an unsatisfactory background report. This matter was held over from the September 10, 2002 meeting.

ACTION: The Merit System Board directed that this appeal be granted.

B-20 CURTIS L. DORCH
Curtis L. Dorch appeals the City of Newark's determination to remove his name from the Police Officer (S9999A), City of Newark, eligible list due to an unsatisfactory background report.

ACTION: The Merit System Board directed that this appeal be denied.

B-21 RAYMOND GRACE
Raymond Grace appeals the removal of his name from the Police Officer (S9999A), City of Newark, eligible list due to residency, an unsatisfactory employment record, and an unsatisfactory background report.

ACTION: The Merit System Board directed that this appeal be granted.

B-22 JOSEPH HAFFNER
Joseph Haffner 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 Police Officer (S9999B), Rockaway Township, for making a false statement of a material fact on his preemployment application.

ACTION: The Merit System Board directed that this appeal be granted.

B-23 JOSE HERNANDEZ
Jose Hernandez, represented by J. Peter Byrne, Esq., appeals the decision of Human Resource Information Services (HRIS), which upheld the removal of his name from the eligible list for Sheriff's Officer (S9999A), Hudson County, on the basis of an unsatisfactory employment record.

ACTION: The Merit System Board directed that this appeal be denied.

B-24 TYEKA JACKSON
The Juvenile Justice Commission appeals the decision of Human Resource Information Services restoring Tyeka Jackson's name to the Correction Officer Recruit, Juvenile Justice (S9999B) eligible list.

ACTION: The Merit System Board directed that this appeal be granted and Ms. Jackson's name be removed from the Correction Officer Recruit, Juvenile Justice (S9999B) eligible list.

B-25 ARUN L. KAUSHAL
Arun L. Kaushal appeals the decision of Human Resource Information Services, which upheld her non-appointment from the promotional list for Assistant Supervisor, Microfilm Services, State (PS0858S) and her non-appointment from the promotional list for Principal Microfilm Machine Operator (PS0861S), Department of State.

ACTION: The Merit System Board directed that this appeal be denied.

B-26 DANIEL LABAZZO
Daniel Labazzo 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 Correction Officer Recruit, Juvenile Justice (S9999B), Juvenile Justice Commission, for making a false statement of a material fact on his preemployment application.

ACTION: The Merit System Board directed that this appeal be granted.

B-27 MELISSA LACHISH
Melissa Lachish appeals the decision of Human Resource Information Services (HRIS), which upheld the removal of her name from the Police Officer (S9999B), Township of Irvington eligible list, due to her failure to complete preemployment processing.

ACTION: The Merit System Board directed that this appeal be granted.

B-28 PEDRO MALDONADO
The City of Camden (City), represented by Marc A. Riondino, Assistant City Attorney, appeals the decision of Human Resource Information Services (HRIS), which found that it did not present a sufficient basis to remove Pedro Maldonado's name from the Fire Fighter (M2013A) eligible list

ACTION: The Merit System Board directed that this appeal be granted and Pedro Maldonado's name be removed from the list for Fire Fighter.

B-29 GUILLERMO A. NAVARRO
Guillermo A. Navarro, represented by Charles M. Grossman, Esq., appeal the decision of Human Resource Information Services (HRIS), which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999A), City of Newark on the basis of an unsatisfactory background report. . This matter was held over from the September 10, 2002 meeting.

ACTION: The Merit System Board directed that this appeal be denied.

B-30 CARLOS NUNES
Carlos Nunes, represented by Anthony J. Fusco, Jr., Esq., 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 Police Officer (S9999A), City of Newark, on the basis of an unsatisfactory background report.

ACTION: The Merit System Board directed that this appeal be denied.

B-31 HAROLD D. PEGG
Harold D. Pegg, represented by Kevin Sisco, Esq., appeals the decision of Selection Services, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Fire Fighter (M2079A), City of Paterson eligible list as a result of an unsatisfactory criminal background and falsification of his employment application.

ACTION: The Merit System Board directed that this appeal be denied.

B-32 DAVID RAMOS
David Ramos, represented by Joanna D. Brick, Esq., appeals the decision of Human Resource Information Services (HRIS) which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999A), City of Newark on the basis of an unsatisfactory background report.

ACTION: The Merit System Board directed that this appeal be granted.

B-33 DAVID RICHARDSON
David Richardson appeals the decision of Human Resource Information Services, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Occupational Safety Consultant 2 (S0744C), Department of Labor (DOL) eligible list on the basis of an unsatisfactory background report.

ACTION: The Merit System Board directed that this appeal be denied.

B-34 JOSE RUIZ
Jose Ruiz, represented by Anthony J. Fusco, Jr., Esq., appeal the decision of Human Resource Information Services, which upheld the removal of his name from the Police Officer (S9999A), City of Newark eligible list on the basis of an unsatisfactory background report.

ACTION: The Merit System Board directed that this appeal be granted.

B-35 RODNEY SATTERFIELD
The City of Camden, represented by Marc A. Riondino, Assistant City Attorney, appeals the decision of Human Resource Information Services, which found that the appointing authority had presented a sufficient basis to remove Rodney Satterfield's name from the eligible list for Fire Fighter (M2013A0, City of Camden, on the basis of an unsatisfactory background report.

ACTION: The Merit System Board directed that this appeal be granted and Mr. Satterfield's name be removed from the Fire Fighter (M2013A), City of Camden eligible list.

B-36 ROBERT TAYLOR
Robert Taylor appeals the decision of Human Resource Information Services, which upheld the removal of his name from the Police Officer (S9999A), City of Newark, eligible list due to his failure to meet the residency requirement.

ACTION: The Merit System Board directed that this appeal be granted.

B-37 JOHN E. ALLISON
John E. Allison appeals the decision of Human Resource Information Services, which found that the appointing authority properly disposed of the February 14, 2001 certification of the Police Officer (S9999A), City of Newark, eligible list. This matter was held over from the September 10, 2002 meeting.

ACTION: The Merit System Board directed that this appeal be denied.

B-38 LARRY LOIGMAN
The Superior Court, Law Division, has transmitted, by order dated May 6, 2002, the case of Loigman v. Township of Middletown, et al., to the Merit System Board to address the merits of Mr. Loigman's complaint and to fashion an appropriate remedy. During the pendency of the matter on remand from the Superior Court, Mr. Loigman also filed a petition for interim relief with the Merit System Board, requesting that the Board enjoin the Township from appointing additional Police Officer prior to final disposition of that matter.

ACTION: The Merit System Board directed that Larry Loigman, Esq., is not entitled to any remedy under merit system law or regulations.

B-39 CLAUDETTE GALIBER
Claudette Galiber, a Senior Correction Officer (SCO) with the Central Reception and Assignment Facility (CRAF), Department of Corrections (DOC), represented by Ann M. Madden, Esq., appeals the determination of the Director of the Equal Employment Division with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace. This matter was held over from the July 17, 2002 meeting.

ACTION: The Merit System Board dismissed the discrimination appeal, since no further action is required. The Merit System Board directed that the appellant be granted SLI benefits from August 28 through October 18, 2001.

B-40 MARIA LAMBARSKI
Maria Lambarski, a Senior Clerk Transcriber with the Department of Human Services (DHS), appeals the determination of the Assistant Commissioner for Human Resources, DHS, which found 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, Harassment or Hostile Environments in the Workplace.

ACTION: The Merit System Board directed that this appeal be denied.

B-41 LOUISE SCRUTCHINGS
Louise Scrutchins, a Family Services Specialist 2 with the Division of Youth and Family Services, Department of Human Services (DHS), appeals the determination of the Assistant Commissioner for Human Resources, DHS< stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

ACTION: The Merit System Board directed that this appeal be denied.

B-42 SAKEENAH SHAKIR
Sakeenah Shakir, an Assistant District Parole Supervisor with the State Parole Board (SPB), appeals an official written reprimand issued by the SPB. The appellant also appeals the determination of the Director, Equal Employment Division (EED), with the Department of Corrections, stating that the appellant had failed to present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

ACTION: The Merit System Board directed that this appeal be denied.

B-43 RUSSEL GRECO
Russel Greco, a former Assistant Police Surgeon with the City of Newark Police Department, represented by Anthony J. Fusco, Jr., Esq., seeks enforcement of the Merit System Board decision rendered on May 22, 2001, granting him back pay, benefits, seniority and counsel fees.

ACTION: The merit System Board denied the appellant's request for back pay and reimbursement for health insurance coverage but granted him vacation time and sick time until his retirement on January 1, 2001. The Board granted him seniority from June 12, 2000 to January 1, 2001, and granted him $1,881.25 in counsel fees.

B-44 MICHAEL MUSCARELLA
Michael Muscarella, a Police Officer with the City of Newark, represented by Paul J. Hirsh, Esq., petitions the Merit System Board for back pay, interest and counsel fees. This matter held over from the September 10, 2002 meeting.

ACTION: The Merit System Board denied the request for back pay, interest and counsel fees.

B-45 EDWARD GRAHAM
Edward Graham, a Senior Correction Officer at Albert C. Wagner Youth Correctional Facility, Department of Corrections, represented by Stephen J. Moschini, Esq., appeals his indefinite suspension.

ACTION: The Merit System Board directed that this appeal be denied.

B-46 CAROL DAVIS
Carol Davis, a former Senior Building Maintenance Worker with Ann Klein Forensic Center, Department of Human Services (DHS), petitions the Merit System Board (Board) for reconsideration of the final administrative decision rendered June 26, 2002, in which the Board dismissed Davis' appeal of her removal, effective May 23, 2001, without prejudice based on Davis' failure to appear at her scheduled settlement conference.

ACTION: The Merit System Board denied the request for reconsideration.

B-47 HILARIO MARTINEZ
The City of Newark (Newark), represented by Desha L. Jackson, Assistant Corporation Counsel, requests reconsideration of the Merit System Board (Board) decision, In the Matter of Hilario Martinez (MSB, decided July 17, 2002), which restored his name to the eligible list for Police Officer (S9999A), City of Newark.

ACTION: The Merit System Board denied the request for reconsideration.

B-48 CARLA YOUNG
The Gloucester County Prosecutor's Office (Prosecutor's Office), represented by Samuel J. Ragonese, Esq., petitions the Merit System Board (Board) for reconsideration of the Boar decision rendered June 26, 2002, which reversed the removal of Carla young, a Senior Clerk Typist with the Prosecutor's Office and ordered her to be reinstated to her position along with a grant of back pay, benefits, and seniority from the date of her separation to the date of her reinstatement. Additionally, the appointing authority seeks a stay of that decision pending the Board's reconsideration of the matter.

ACTION: The Merit System Board denied the request for reconsideration and directed that the request for a stay be dismissed as moot.

B-49 DAVID BOWENS
The appeal of David Bowens, a County Correction Officer with Mercer County, of his resignation in good standing, effective May 28, 1999, was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on April 26, 2002, finding that the appellant did not resign in good standing. Instead the ALJ upheld the appellant's removal from employment. At its meeting on June 12, 2002, 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.

B-50 TYRONE MAJOR
The appeals of Tyrone Major, a Police Officer with the City of Newark, of his four removals effective July 25, 2000, on charges, were heard by Administrative Law Judge Ken R. Springer (ALJ), who rendered his initial decision on May 3, 2002. At its meeting on June 12, 2002, the Merit System Board (Board) adopted the ALJ's recommendation to reverse three of the four removals and to modify the remaining removal to a 90-day suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-51 ANN S. JOHNSON
The appeal of Ann S. Johnson, a Library Assistant with the Willingboro Public Library, of her removal effective July 24, 2000 on charges, was heard by Administrative Law Judge Douglas H. Hurd (ALJ), who rendered his initial decision on May 1, 2002. At its meeting on June 12, 2002, the Merit System Board (Board) adopted the ALJ's recommendation to uphold the appellant's removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-52 JESSE JAMES BALDWIN
Jesse James Baldwin, a Social Worker 2 with the Department of Human Services, appeals the good faith of his layoffs from Marlboro Psychiatric Hospital, effective October 11, 1996, and Woodbridge Developmental Center, effective May 22, 1998, for reasons of economy and efficiency, as well as his resignation not in good standing from Green Brook Regional Center, effective January 8, 1999, on charges. These matters were heard by Administrative Law Judge Kathryn A. Clark (ALJ), who rendered her initial decision on May 14, 2002 upholding all three actions. At its meeting on July 31, 2002, the Merit System Board adopted the ALJ's recommendations. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-53 JANICE SANFORD
The appeal of Janice Sanford, a Cottage Training Technician with the New Lisbon Developmental Center, Department of Human Services, of her removal effective November 9, 1999, on the charge of chronic or excessive absenteeism from work, was before Administrative Law Judge Ana C. Viscomi (ALJ), who rendered her initial decision on May 8, 2002. At its meeting on June 12, 2002, the Merit System Board (Board) did not adopt the ALJ's recommendation to dismiss the appeal as moot. Rather, the Board ordered that the matter be remanded to the Office of Administrative Law (OAL). However, prior to its adoption of a written decision, the Board, at its meeting on July 3, 2002, on its own motion, granted reconsideration of its prior decision and again ordered that the matter be remanded to the OAL. Additionally, the Board granted the appellant a hearing on a separate charge of conduct unbecoming a public employee and transmitted that matter to the OAL. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-54 GERALDINE H. ADAMS
Geraldine H. Adams appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Administrative Analyst 1 (PS2689H), Department of Health and Senior Services.

ACTION: The Merit System Board directed that this appeal be granted.

B-55 ANTHONY ARIZMENDI
Anthony Arizmendi appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in experience for the promotional examination for Construction Management Specialist 1 (PM0320C), Newark School District.

ACTION: The Merit System Board directed that this appeal be granted.

B-56 DEBRA BAILEY, ET AL.
Debra Bailey and Mary Hoffman appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for the promotional examination for Technical Assistant Classification ( PS1231I), Southern State Correctional Facility. Sharon Davis appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, she did not meet the experience requirement for the promotional examination for Technical Assistant Classification (PS1231I), Southern State Correctional Facility.

ACTION: The Merit System Board directed that this matter be held over.

B-57 JOHN BERG
John Berg 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 Deputy Municipal Emergency Management Coordinator (M6420C), Dennis Township.

ACTION: The Merit System Board directed that this appeal be denied.

B-58 ANGELA BORRELLI
Angela Borrelli appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Technical Assistant 3 Community Affairs (PS1450D) Department of Community Affairs.

ACTION: The Merit System Board directed that this appeal be denied.

B-59 MERLE CAMPBELL
Merle Campbell appeals the determination of the Division of Selection Services, that found that she did not meet the experience requirements for the open-competitive examination for Social Worker 2, Corrections (S0005D).

ACTION: The Merit System Board directed that this appeal be denied.

B-60 STEPHEN CIANCHETTI, ET AL.
Stephen Cianchetti, Patrick Kain, and Thomas Kain appeal the determination of the Division of Selection Services, which found that they were blow the minimum requirements in experience for the promotional examination for the dual title Supervisor Sewers/Supervisor Water (PM1669C), Gloucester City.

ACTION: The Merit System Board directed that this appeal be granted.

B-61 JEAN CAPORASO, ET AL.
Jean Caporaso, Louis Charland, Margaret Penelli and Margaret Wildgoose appeal the decision of the Division of Selection Services, that found that per the substitution clause for education, they were below the minimum requirements in experience for the open-competitive examination for Management Assistant (S6493C).

ACTION: The Merit System Board directed that this appeal be denied.

B-62 MICHAEL DELUCA
Michael DeLuca appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in experience for the promotional examination for Supervising Pumping Station Operator (PM3134A), Willingboro Township Municipal Utilities Authority.

ACTION: The Merit System Board directed that this appeal be granted.

B-63 JOHN S. DRAKE
John S. Drake, Sr. appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in experience for the open-competitive examination for Sign Maker 3 (M6421C), City of Trenton.

ACTION: The Merit System Board directed that this appeal be denied.

B-64 LARRY ELIAS
Larry Elias appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, he did not meet the experience requirements for the promotional examination for Construction Management Specialist 2 (PS1945U), Department of the Treasury.

ACTION: The Merit System Board directed that this appeal be denied.

B-65 NIESHA EVANS
Niesha Evans appeals the decision of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Supervising Account Clerk (PC0435C), Essex County.

ACTION: The Merit System Board directed that this appeal be granted.

B-66 ANTHONY EVERT
Anthony Evert appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the Senior Data Entry Machine Operator (PS2401I), Department of Corrections promotional examination.

ACTION: The Merit System Board directed that this appeal be denied.

B-67 DAVID FERRER JR. AND GILBERT REYES
David Ferrer Jr. and Gilbert Reyes appeal the determinations of the Division of Selection Services, that found that they did not meet the experience requirements for the promotional examination for Computer Service Technician (PC2072C) Bergen County.

ACTION: The Merit System Board directed that these appeals be granted

B-68 MICHELE GANGLOFF
Michele Gangloff appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Executive Assistant (PC0330D), Gloucester County.

ACTION: The Merit System Board directed that this appeal be granted.

B-69 MARNI GETSON
Marni Getson appeals the determination of the Division of Selection Services that found that she did not meet the experience requirements for the promotional examination for Classification Officer 4 (PS4157I), East Jersey State Prison.

ACTION: The Merit System Board directed that this appeal be granted.

B-70 FRANCES A. HEWETT
Frances A. Hewett appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Principal Income Maintenance Technician.

ACTION: The Merit System Board directed that this appeal be denied.

B-71 MARY HOFFMAN
Mary Hoffman 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 Instructor Counselor (PS1490I), Southern State Correctional Facility.

ACTION: The Merit System Board directed that this appeal be denied.

B-72 ERIC HOLLINGER
Eric Hollinger appeals the decision of the Director, Division of Human Resource Management, which found that he did not meet the requirements pursuant to N.J.S.A. 40A:14-180 for placement on the Statewide Law Enforcement Officer eligible list.

ACTION: The Merit System Board directed that this appeal be granted.

B-73 DEBRA JACKSON-MCRAE
Debra Jackson-McRae appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Public Health Representative 1 (PS3412H), Department of Health and Senior Services.

ACTION: The Merit System Board directed that this appeal be denied.

B-74 BETTY JONES-HASKINS
Betty Jones-Haskins appeals the determination of the Division of Selection Services, which denied her admittance to the promotional examination for Chief Workforce Development and Technological Training (PS2371N), Department of Labor

ACTION: The Merit System Board directed that this appeal be denied.

B-75 JASWANT KAMBOH
Jaswant Kamboh appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in experience for the open competitive examination for Assistant Environmental Engineer (Air Pollution Control) (S6464C), Department of Environmental Protection.

ACTION: The Merit System Board directed that this appeal be granted.

B-76 CHRISTINA KNAB, ET AL.
Christina Knab, Mary Masterson, Dwight Ross, and Maria Torres appeal the determinations of the Division of Selection Services, which found that they did not meet the experience requirements for the open-competitive examination for technical Assistant 3, Community Affairs (S6433C), Department of Community Affairs (DCA).

ACTION: The Merit System Board directed that these appeals be denied.

B-77 BETTYE LAWSON
Bettye Lawson 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 Site Manager Nutrition Program (M6913D), Paterson.

ACTION: The Merit System Board directed that this appeal be denied.

B-78 SANDRA E. LESZCZUK
Sandra E. Leszczuk appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Administrative Assistant 2 (PS3724I), Department of Corrections.

ACTION: The Merit System Board directed that this appeal be denied.

B-79 NEREIDA LOMBARDI
Nereida Lombardi appeals the determination of the Division of Selection Services, which found that she did not meet the residency requirements for the open-competitive examination for Senior Program Analyst (C6514C), Essex County.

ACTION: The Merit System Board directed that this appeal be denied.

B-80 WILLIAM LOVE, JR.
William Love, Jr., appeals the determination of the Division of Selection Services, that found that he did not meet the educational requirements for the promotional examination for Section Forest Firewarden (PS2514G), Department of Environmental Protection.

ACTION: The Merit System Board directed that this appeal be denied.

B-81 MICHAEL MCDERMOTT
Michael McDermott appeals the determination of the Division of Selection Services, that he did not meet the experience requirement for the promotional examination for Supervising Vocational Rehabilitation Counsel (PS4395K0, Woodbridge Developmental Center

ACTION: The Merit System Board directed that this appeal be denied.

B-82 BILSA MERCADO
Bilsa Mercado appeals the determination of the Division of Selection Services, that she did not meet the experience requirements for the open competitive examination for Administrative Secretary/Office Services Supervisor (M6191B), City of Newark.

ACTION: The Merit System Board directed that this appeal be denied.

B-83 FAITH NOVAK
Faith Novak 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 Investigator 1 (PS1928T), Division of Motor Vehicles.

ACTION: The Merit System Board directed that this appeal be denied.

B-84 RACHEL PARKER
Rachel Parker 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 Principal Income Maintenance Technician (S0014D).

ACTION: The Merit System Board directed that this appeal be denied.

B-85 FRANS PHILIPPI AND SANTIAGO ZAYAS
Francs Philippi and Santiago Zayas appeal the determinations of the Division of Selection Services, that found that they did not meet the experience requirements for the promotional examination for Senior Field Representative Housing (Code Enforcement) (PS2553D), Department of Community Affairs.

ACTION: The Merit System Board directed that this appeal be denied.

B-86 JOHN RAINES
John Raines 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 Accounting Assistant (M6629C), Trenton.

ACTION: The Merit System Board directed that this appeal be denied.

B-87 ALISA ROBINSON
Alisa Robinson appeals the determination of the Division of Selection Services, which found that she did not meet the educational requirements for the promotional examination for Behavior Modification Program Technician (PS4890K), Hunterdon Developmental Center.

ACTION: The Merit System Board directed that this appeal be granted.

B-88 JOAN RUE
Joan Rue 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 Principal Income Maintenance Technician.

ACTION: The Merit System Board directed that this appeal be denied.

B-89 CARMINE RUSSO
Carmine Russo, represented by Alan L. Zegas, Esq., appeals the decision of the Division of Selection Services, which found that he was ineligible for the examination for Deputy Police Chief (PM4020C), Newark.

ACTION: The Merit System Board directed that this appeal be denied.

B-90 PATRICK SHEPPARD, GENEVIEVE GUZMAN AND BERNARD PETERS
Patrick Sheppard, Genevieve Guzman and Bernard Peters appeal the determinations of the Division of Selection Services, that they did not meet the education and experience requirements for the open competitive examination for Senior Standards and Procedures Technician (S6446C).

ACTION: The Merit System Board directed that these appeals be denied.

B-91 IVA SHIELDS
Iva Shields appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Customer Service Representative 2 (PS9171G), Department of Environmental Protection.

ACTION: The Merit System Board directed that this appeal be denied.

B-92 KORIN SHUEY
Korin Shuey 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 Administrative Analyst 3 (S6512C), Statewide.

ACTION: The Merit System Board directed that this appeal be denied.

B-93 THERESA SMITH
Theresa Smith appeals the determination of the Division of Selection Services, that she did not meet the education and experience requirements for the promotional examination for Executive Assistant 1 (PS3341G), Department of Environmental Protection.

ACTION: The Merit System Board directed that this appeal be granted.

B-94 DONNA THOMAS
Donna Thomas appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Computer Operator 3 (PS3956I), Department of Corrections.

ACTION: The Merit System Board directed that this appeal be granted.

B-95 KATHLEEN TOWERS
Kathleen Towers appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Management Assistant (PS4571K), Ancora Psychiatric Hospital.

ACTION: The Merit System Board directed that this appeal be denied.

B-96 RICHARD WORTH
Richard Worth appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for sign Maker 4 (PM0740C), Berkeley Township.

ACTION: The Merit System Board directed that this appeal be granted.

B-97 ROBERT ALU
Robert Alu appeals the determination of the Division of Selection Services regarding the scoring of the oral portion of the promotional examination for Project Engineer Utilities (PS9092T), Department of Transportation.

ACTION: The Merit System Board directed that this appeal be denied.

B-98 DONALD COCCHI
Donald Cocchi, represented by Daniel Zirrith, Esq,, appeals his seniority score for the examination for Fire Captain (PM3589A), Newark.

ACTION: The Merit System Board directed that this appeal be denied.

B-99 RICHARD DELANEY
Richard J. Delaney appeals the determination of the Division of Selection Services regarding the scoring of the examination for Supervising Engineer 2, Surface Design (PS4270T), Department of Transportation.

ACTION: The Merit System Board directed that this appeal be denied.

B-100 DIANE DIAZ
Diane Diaz appeals her score on the promotional examination for Administrative Analyst 1 (Procurement) (PS4493D), Department of Community Affairs.

ACTION: The Merit System Board directed that this appeal be denied.

B-101 RAFAEL DISTASIO
Rafael DiStasio appeals his score on the promotional examination for Employment Services Specialist 2 (PS2327N), Department of Labor.

ACTION: The Merit System Board directed that this appeal be denied.

B-102 PAMELA LANGE
Pamela Lange appeals her score on the promotional examination for Section Chief Waste Management (Technical/Scientific (PS0420G), Department of Environmental Protection.

ACTION: The Merit System Board directed that this appeal be denied.

B-103 WALTER OLIVANT
Walter Olivant appeals his score on the promotional examination for Supervising Environmental Engineer (Water Resources) (PS7918G), Department of Environmental Protection.

ACTION: The Merit System Board directed that this appeal be denied.

B-104 MICHAEL J. PINCHAK
Michael J. Pinchak appeals his score on the promotional examination for Crew Supervisor, Garage Operations (PS8548P), Department of Law and Public Safety.

ACTION: The Merit System Board directed that this appeal be denied.

B-105 JOAN REILLY
Michael D. D'Angelo, Esq., on behalf of Joan Reilly, appeals her score on the open competitive examination for Coordinator of Scheduling, Recreational Activities (M1613C), Hopatcong Borough.

ACTION: The Merit System Board directed that this appeal be denied.

B-106 CAROLYN TAZZA
Carolyn Tazza appeals her score on the promotional examination for Supervising Auditor (PS2212G), Department of Environmental Protection.

ACTION: The Merit System Board directed that this appeal be denied.

B-107 PETER NDUNAU
Peter Ndunau appeals the determination of the Division of Selection Services, which found that he did not provide an evaluated foreign transcript for the open competitive examination for Principal Income Maintenance Technician (S0014D).

ACTION: The Merit System Board directed that this appeal be denied.

B-108 PATRICIA BELL, ET AL.
Patricia Bell, Bethsaida Colmenares, Urban Giardino, John Hogan, Kathleen Horton, and Gerard Robbins appeal the decisions of the Division of Selection Services, which found that they lacked the required amount of continuous permanent status as of the closing date for the promotional examination for Principal Investigator, Public Defender.

ACTION: The Merit System Board directed that these appeals be denied.

B-109 BETHSAIDA COLMENARES, ET AL.
Bethsaida Colmenares, Gerard Robbins, and Peter Rosetta appeal the decision of the Division of Selection Services, which found that they lacked the required amount of continuous permanent status as of the closing date for the promotional examination for Principal Investigator, Public Defender Bilingual in Spanish and English (PS4253Q).

ACTION: The Merit System Board directed that this appeal be denied.

B-110 EDWARD FREDERICK, SR.
Edward Frederick, Sr. appeals the determination of the Division of Selection Services, which found that he was not employed in the announced unit scope for the promotional examination for Supervisor Sanitation (PM1100B), City of Atlantic City.

ACTION: The Merit System Board directed that this appeal be denied.

B-111 FREDERICO GARCIA AND FLETCHER STOKLEY
Frederico Garcia and Fletcher Stokley appeal the determination of the Division of Selection Services, which found that they were not employed in the announced unit scope for the promotional examination for Senior Custodian (PM0902C), Newark School District.

ACTION: The Merit System Board directed that this appeal be denied.

B-112 CHARLES CASTRILLO
Charles Castrillo appeals his exclusion from the open competitive examination for Director of Economic and Industrial Development (M6749D), Jersey City.

ACTION: The Merit System Board directed that this appeal be granted.

B-113 JAMES R. ALLEN AND JAN RABAJDA
James R. Allen and Jan Rabajda, represented by Jesse J. Averhart, Executive Vice President, Communication Workers of America, Local 1033, request that they be permitted to amend their promotional applications retroactively to the closing date of the announcement for the promotional examination for Auditor 1, Taxation (PS3295U) to reflect all the counties containing Department of the Treasury (Treasury) audit field offices, and also be given retroactive appointments, where applicable, as if they had been given the opportunity to be certified to the locations with open positions.

ACTION: The Merit System Board directed that these appeals be denied.

B-114 DAVID A. CHIPPENDALE
The County of Middlesex petitions the Merit System Board to allow David a. Chippendale to file an application for the promotional examination for Senior Youth Group Worker (PC0581D), County of Middlesex to correct an appointing authority error.

ACTION: The Merit System Board granted the request.

B-115 ANNA M. ACHUTHA, ET AL.
Anna M. Achutha, Seth K. Ahiekpor, Kanaga Arunachalam, Steven A. Ciapanna, Jayant C. Dalal, Alexander E. Murawski, Ahmad S. Najem, Ali J. Najem, Prakash B. Patel, Wahab M. Roomi, Ramesh K. Suvagiya and Vijaykumar G. Thaker, appeal the content validity and the delegation of certain items prior to the scoring of the promotional examination for Project Engineer, Structural Transportation, (PS2291T), Department of Transportation.

ACTION: The Merit System Board directed that these appeals be denied.

B-116 BRANDON SMITH
The Acting Assistant Commissioner for State and Local Operations, Department of Personnel, on behalf of Brandon Smith, petitions the Merit System Board for reconsideration of the decision rendered on September 18, 2001, which found that he was not employed in the announced unit scope for the promotional examination for Construction and Management Specialist 1 (PM0320C), Newark School District.

ACTION: The Merit System Board granted the request.

B-117 TONORA DISMUKE
Tonora Dismuke appeals the administration of the examination for County Correction Sergeant (PC2501C), Essex County.

ACTION: The Merit System Board directed that this appeal be denied.

B-118 GLADSTONE REYNOLDS
Gladstone Reynolds appeals the denial of his request for a make-up examination for Therapy Program Assistant (PS0663K), Greystone Park Psychiatric Hospital.

ACTION: The Merit System Board denied the request.

B-119 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of July 31, 2002 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of July 31, 2002.

B-120 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of September 10, 2002 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of September 10, 2002.

B-121 NADIA ROBERTS AND DIRK WEBER
Nadia Roberts, represented by Fred Shahrooz Scampato, Esq., and Dirk Weber appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for the open competitive examination for Human Services Specialist 1 (C1735C), Union County.

ACTION: The Merit System Board directed that these appeals be denied.

B-122 PATERSON POLICE SERGEANT AND POLICE LIEUTENANT
Hector Alvarez, Jose Arroyo, Mario Cercone, Jesus Garcia, Jr., Eugene Krenc, Lourdes Mercado, Patrick Murray, Angel Perales, Stanley Rodriguez, Daniel Rooney, Paul Savastano, and Dominick Torchia, Jr., represented by Mark C. Rushfield, Esq., and PBA Local No. 1, appeal the decision of the City of Paterson seeking to return the above-named appellants to their prior held titles of Police Officer and Police Sergeant.

ACTION: The Merit System Board acknowledged the settlement.

B-123 EARLY SETTLEMENTS
Deborah Atwood
County of Gloucester
Suspension

Elizabeth King
Division of Youth and Family Services
Department of Human Services
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 Wednesday, October 9, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD