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,
October 9, 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; Barbara Stoop, 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.
A motion was made and seconded that the open session be recessed
and that, pursuant to Section 12(b) of the Open Public Meetings
Act, the Merit System Board entered into Executive Session for the
purpose of legal advice on the matter of A-12 David Weiss. The Board
subsequently reconvened the public meeting.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Robert Garrison
County of Ocean
Department of Solid Waste Management
Release at the end of the working test period
In the Matter of Nathaniel Holman
Northern State Prison
Department of Corrections
Suspension
In the Matter of Abraham Jones
South Woods State Prison
Department of Corrections
Suspension
In the Matter of Terri Kears
County of Monmouth
Department of Health Care Facilities
Removal
In the Matter of Jihad Muhammad
Northern State Prison
Department of Corrections
Suspension
In the Matter of Michael Solari-Stone
East Jersey State Prison
Department of Corrections
Suspension
In the Matter of Samuel Tucker
County of Mercer
Department of Public Safety
Suspension
In the Matter of Theodore White
City of Newark
Police Department
Removals (2)
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE
CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements.
A-2 SHARON DAVIS
Sharon Davis, Police Officer, City of Newark, Police Department,
ten-day suspension on charges of insubordination and violation of
Police Department rules regarding obedience to orders.
Recommendation of the Administrative Law Judge - Uphold the ten-day
suspension.
ACTION: The Merit System Board affirmed the recommendation
of the
Administrative Law Judge.
VOTE: |
Ida L. Castro, Chairwoman |
(Yes) |
|
Alan Dexter Bowman |
(Abstained) |
|
Josephine DiRienzo |
(Yes) |
|
Margaret E.L. Howard |
(Yes) |
|
Robert J. Long |
(Yes) |
A-3 JANE HOLLAND
Jane Holland, Family Service Specialist 2, Division of Youth and
Family Services, Department of Human Services, demotion to Family
Service Specialist 3 effective November 4, 2000, on charges of incompetence,
neglect of duty, falsification and violation of policy.
Recommendation of the Administrative Law Judge - Modify the demotion
to an official reprimand.
ACTION: The Merit System Board affirmed the recommendation
of the
Administrative Law Judge.
A-4 MICHAEL SCARLATA
Michael Scarlata, County Correction Officer, County of Union,
Department of Public Safety, 15-day suspension on the charge of
conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the 15-day
suspension.
ACTION: The Merit System Board modified the recommendation
of the
Administrative Law Judge to a three-day suspension.
A-5 JOHN SHIVELY, WILLIAM J. PAIGE, ANDREW M. SALMON, AND MANUEL
A. GONZALEZ (REMAND)
John Shively, William J. Paige and Andrew M. Salmon, Senior Correction
Officers, New Jersey State Prison, Department of Corrections, 30-days
suspensions, on charges of neglect of duty and other sufficient
cause: violation of rules governing safety and security precautions,
resulting in injury to person or damage to property; and neglect
of duty, loafing, idleness or willful failure to devote attention
to a task which could result in danger to persons or property. Additionally,
Manuel A. Gonzalez, a Senior Correction Officer, also with the New
Jersey State Prison, Department of Corrections, was suspended for
60 days, on the same charges.
Recommendation of the Administrative Law Judge - Reverse the 30-day
suspensions imposed on John Shively, William Paige and Andrew Salmon,
and modify the 60-day suspension to a 30-day suspension imposed
on Manuel Gonzalez.
ACTION: The Merit System Board affirmed the recommendation
of the
Administrative Law Judge.
A-6 GERARD TARINO
Gerard Tarino, Truck Driver, Borough of Pompton Lakes, Department
of Public Works, 30-day suspension on charges of disorderly conduct
and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Modify the 30-day
suspension to a five-day suspension.
ACTION: The Merit System Board affirmed the recommendation
of the
Administrative Law Judge.
VOTE: |
Ida L. Castro, Chairwoman |
(Abstained) |
|
Alan Dexter Bowman |
(Yes) |
|
Josephine DiRienzo |
(Yes) |
|
Margaret E.L. Howard |
(Yes) |
|
Robert J. Long |
(Yes) |
A-7 CHARLES AURIEMMA
Charles Auriemma, Police Officer, City of Newark, Police Department,
removal effective January 11, 2000, on charges of violation of Police
Department rules regarding the drug screening policy, making false
statements and disobedience to orders.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation
of the
Administrative Law Judge.
VOTE: |
Ida L. Castro, Chairwoman |
(Yes) |
|
Alan Dexter Bowman |
(Abstained) |
|
Josephine DiRienzo |
(Yes) |
|
Margaret E.L. Howard |
(Yes) |
|
Robert J. Long |
(Yes) |
A-8 MICHAEL S. EBERHARDT
Michael S. Eberhardt, Sheriff's Officer, County of Monmouth, Sheriff's
Department, removal and resignation not in good standing effective
November 16, 2000, on charges of unauthorized absence, abandonment
of position, failure to report loss of license, failure to meet
the requirements of the job, violation of firearm policy, care of
firearms, handling of firearms, standard of conduct, obedience to
laws and regulations, and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Modify the removal
and resignation not in good standing to a six-month suspension.
ACTION: Merit System Board modified the recommendation
of the Administrative Law Judge to reverse the resignation not in
good standing, but uphold the removal.
A-9 KELVIN WAGNER
Kelvin Wagner, County Correction Officer, County of Gloucester,
Sheriff's Department, removal effective December 17, 1999, 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-10 CHRISTOPHER ASH - SETTLEMENT
Christopher Ash, Truck Driver, Division of Human Resources, Department
of Transportation, removal effective July 29, 2001, on charges of
use of alcoholic beverages while on the job, drug use and/or possession
of illegal drugs, assault and battery/workplace violence and conduct
unbecoming a public employee. Settled to reinstatement to the title
of Truck Driver.
Recommendation of the Administrative Law Judge - Acknowledge the
settlement.
ACTION: The Merit System Board remanded the matter to the
Office of Administrative Law.
A-11 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. This matter was previously presented to the Merit
System Board at its regular meeting of September 25, 2002, but was
held over.
Recommendation of the Administrative Law Judge - Uphold the release
at the end of the working test period.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-12 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. This matter was previously
presented to the Merit System Board at its regular meeting of September
25, 2002, but was held over.
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 affirmed the recommendation
of the Administrative Law Judge.
A-13 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. This matter
was previously presented to the Merit System Board at its regular
meeting of September 25, 2002, but was held over.
Recommendation of the Administrative Law Judge - Uphold the 30-day
suspension and removal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-14 SHARON BRESCIA - SETTLEMENT
Sharon Brescia, Youth Worker, Division of Youth and Family Services,
Department of Human Services, removal effective December 20, 2000,
on the charge of conduct unbecoming a public employee. Settled to
a resignation in good standing effective December 20, 2000.
Recommendation of the Administrative Law Judge - Acknowledge the
settlement.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-15 KEVIN LADD
Kevin Ladd, Senior Youth Worker, Division of Youth and Family
Services, Department of Human Services, removal effective June 24,
2000, on the charge of conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-16 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 remanded the matter to Office
of Administrative Law.
SECTION B - MISCELLANEOUS MATTERS
B-1 MAURICE BARNARD
Maurice Barnard appeals the removal of his name from the (S9999A)
County of Essex eligible list for the title of Juvenile Detention
Officer on the basis of psychological unfitness.
ACTION: The Merit System Board directed that this appeal
be denied.
B-2 ANGEL JAZIKOFF
Angel Jazikoff, represented by Thomas J. Cammarata, Esq., appeals
her rejection as a Police Officer candidate by the Borough of Sayreville
and its request to remove her 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 Merit System Board directed that this appeal
be denied.
B-3 DYNELL SAFFOLD
Dynell Saffold appeals the removal of his name from the (S9999B)
City of Plainfield eligible list for the title of Police Officer
on the basis of psychological unfitness.
ACTION: The Merit System Board directed that this appeal
be denied.
B-4 MARK A. STANBERRY
Mark A. Stanberry appeals the removal of his name from the S9999A)
Department of Corrections eligible list for the title of Correction
Officer Recruit on the basis of psychological unfitness.
ACTION: The Merit System Board directed that this appeal
be denied.
B-5 CHRISTOPHER A. STANCZAK
Christopher A. Stanczak appeals the removal of his name from the
(S9999A) Borough of South Plainfield eligible list for the title
of Police Officer on the basis of psychological unfitness.
ACTION: The Merit System Board directed that this appeal
be denied.
B-6 PATRICK TORTORELLO, JR.
Patrick Tortorello, Jr., appeals his rejection as a County Correction
Officer candidate by the County of Essex and its request to remove
his name from the eligible list for County Correction Officer (S9999A)
on the basis of psychological unfitness to perform effectively the
duties of the position.
ACTION: The Merit System Board referred the matter for
independent evaluation.
B-7 DARVEL L. YOUNG
Darvel L. Young appeals the removal of his name from the (S9999A)
County of Essex eligible list for the title of Sheriff's Officer
on the basis of psychological unfitness.
ACTION: The Merit System Board directed that this appeal
be denied.
B-8 LEWIS DUTTON
Lewis Dutton, a Correction Sergeant at South Woods State Prison,
Department of Corrections, represented by Kevin P. McCann, Esq.,
appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-9 ROBERT ELETTO
Robert Eletto, an Automotive Mechanic with the Department of Transportation,
appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-10 KIM HUNTER
Kim Hunter, a Residential Living Specialist with Vineland Developmental
Center, Department of Human Services, appeals the denial of sick
leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-11 RICHARD NOVACK
Richard Novak, a former Senior Parole Officer with the State Parole
Board, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-12 ERIC RAUCHBACH
Eric Rauchbach, a Senior Correction Officer at East Jersey State
Prison, Department of Corrections, represented by Henry Cistrelli,
Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be granted in part.
B-13 MARTIN TREU
Martin Treu, an Investigator 3 with the Department of Banking
and Insurance, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-14 MARCOLINA VELARDO
Marcolina Velardo, a former Claims Adjudicator Support Specialist
2 with the Department of Labor, represented by Adam Paskoff, Esq.,
appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be granted in part.
B-15 ROBIN WASHINGTON
Robin Washington, a Senior Correction Officer with New Jersey
State Prison, Department of Corrections, represented by Henry J.
Cistrelli, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-16 JANET AGUILAR
Janet Aguilar, an Unemployment Insurance Clerk with the Department
of Labor, appeals the decision of Human Resource Information Services
(HRIS) which upheld the bypass of her name on the Senior Unemployment
Clerk, Bilingual Spanish and English (PS2321N) eligible list.
ACTION: The Merit System Board directed that this appeal
be denied.
B-17 JAMES A. BENSON
James A. Benson appeals the decision of Selection Services, which
found that the City of Newark had presented a sufficient basis to
remove the appellant's name from the Police Officer (S9999A), City
of Newark, eligible list on the basis of an unsatisfactory driving
record.
ACTION: The Merit System Board directed that this appeal
be denied.
VOTE: |
Ida L. Castro, Chairwoman |
(Yes) |
|
Alan Dexter Bowman |
(Abstained) |
|
Josephine DiRienzo |
(Yes) |
|
Margaret E.L. Howard |
(Yes) |
|
Robert J. Long |
(Yes) |
B-18 JOSEPH BOPP
Joseph Bopp, represented by John D. Feeley, Esq., appeals the
decision of Human Resources Information Services, which upheld the
bypass of his name for appointment from the August 15, 2001 certification
of the Fire Captain (PM3591A), East Orange Fire Department, eligible
list.
ACTION: The Merit System Board directed that this appeal
be denied.
B-19 JOSEPH ELLIS
Joseph Ellis, a Senior Laboratory Service Worker with the Department
of Health and Senior Services (DHSS), appeals the bypass of his
name on the list for Principal Laboratory Service Worker (PS2425H).
ACTION: The Merit System Board directed that this appeal
be denied.
B-20 JORGE R. KELLY
Jorge R. Kelly, represented by Charles M. Grossman, 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 driving record.
ACTION: The Merit System Board directed that this appeal
be granted.
VOTE: |
Ida L. Castro, Chairwoman |
(Yes) |
|
Alan Dexter Bowman |
(Abstained) |
|
Josephine DiRienzo |
(Yes) |
|
Margaret E.L. Howard |
(Yes) |
|
Robert J. Long |
(Yes) |
B-21 FRANCES X. MALDONY, SR.
Francis X. Maldony, Sr. appeals the decision of Human Resource
Information Services (HRIS), which found that the appointing authority
had presented a sufficient basis to remove the appellant's name
from the Crew Supervisor Repairers (S0702C), Department of Corrections
eligible list as a result of the falsification of his employment
application.
ACTION: The Merit System Board directed that this appeal
be denied.
B-22 JON MARTIN
The City of Camden, represented by Marc A. Riondino, Assistant
City Attorney, appeals the decision of Human Resource Information
Services, which found that it did not present a sufficient basis
to remove Jon Martin's name from the Fire Fighter (M2013A), City
of Camden, eligible list.
ACTION: The Merit System Board directed that this appeal
be denied.
B-23 JOHN MASCOLO
John Mascolo, represented by James M. Mets, Esq., appeals the
bypass of his name on the Police Lieutenant (PM2564C), Borough of
Fairview eligible list.
ACTION: The Merit System Board granted a hearing.
B-24 EDWIN MENDEZ
Edwin Mendez appeals the decision of Human Resource Information
Services, (HRIS), which removed the appellant's name from the Security
Guard (M1598C), Newark School District eligible list, due to the
appellant's failure to appear for an interview.
ACTION: The Merit System Board directed that this appeal
be granted.
B-25 KEVIN O'CONNOR
Kevin O'Connor, represented by John D. Lynch, 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 Fire Fighter (M2071A), North
Hudson Regional Fire and Rescue Service, on the basis of his failure
to meet the residency requirement.
ACTION: The Merit System Board directed that this appeal
be denied.
B-26 JEFFREY SWAN
The City of Camden, represented by Marc A. Riondino, Assistant
City Attorney, appeals the decision of Human Resource Information
Services, which found that it did not present a sufficient basis
to remove Jeffrey Swan's name from the Fire Fighter (M2013A) eligible
list.
ACTION: The Merit System Board directed that this appeal
be denied.
B-27 ANDREW M. GUGLIELMO
Andrew M. Guglielmo, a former Administrator of Investigations
Law and Public Safety, Department of Law and Public Safety (DL&PS),
appeals the determination of the Attorney General, stating that
the appellant failed to present sufficient evidence to support a
finding that he 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-28 JAMES ROTSETTIS
James Rotsettis, a former Teacher 1, 12 Months with the Juvenile
Justice Commission, appeals the determination of the Attorney General,
stating that the appellant failed to present sufficient evidence
to support a finding that he 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-29 ROBERT R. WILKE
Robert R. Wilke, a Trooper 1 with the Division of State Police,
Department of Law and Public Safety, represented by Gary P. Levin,
Esq., appeals the determination of the Attorney General, stating
that he failed to present sufficient evidence that he 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-30 CARPENTER (M6015B), NEWARK SCHOOL DISTRICT
The appointing authority's failure to properly dispose of the
certification for Carpenter, while a provisional appointee is serving
in the title, has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing authority
to remove the provisional appointee, make an appointment from the
certification and pay compliance costs.
B-31 PROGRAM COORDINATOR, SPECIAL EVENTS, SPECIAL REEMPLOYMENT
LIST AND (M1425C), EAST ORANGE.
The appointing authority's failure to properly dispose of the
certification for Program Coordinator, Special Events, while a provisional
appointee is serving in the title, has been referred to the Merit
System Board for enforcement.
ACTION: The Merit System Board ordered the appointing authority
to remove the provisional appointee, make an appointment from the
certification and pay compliance costs.
B-32 SENIOR ASSESSING CLERK, SPECIAL REEMPLOYMENT LIST, EAST
ORANGE
The appointing authority's failure to properly dispose of the
certification for Senior Clerk, while a provisional appointee is
serving in the title, has been referred to the Merit System Board
for enforcement.
ACTION: The Merit System Board ordered the appointing authority
to remove the provisional appointee, make an appointment from the
certification and pay compliance costs.
B-33 SUPERVISOR, BULDING SERVICES (PC1260B), PASSAIC COUNTY
The appointing authority's failure to properly dispose of the
certification for Supervisor, Building Services, while a provisional
is serving in the title, has been referred to the Merit System Board
for enforcement.
ACTION: The Merit System Board ordered the appointing authority
to remove the provisional appointee, make an appointment from the
certification and pay compliance costs.
B-34 TRUCK DRIVER (M9241A), NEWARK SCHOOL DISTRICT
The appointing authority's failure to properly dispose of the
certification for Truck Driver, while a provisional appointee is
serving in the title, has been referred to the Merit System Board
for enforcement.
ACTION: The Merit system Board ordered the appointing authority
to remove the provisional appointee, make an appointment from the
certification and pay compliance costs.
B-35 JACQUELINE WOOTEN-ROSE
Jacqueline Wooten-Rose, a Family Service Specialist 3 with the
Division of Youth and Family Services, Department of Human Services,
represented by Rosemarie Cipparulo, Esq., seeks counsel fees pursuant
to the Merit System Board decision rendered on August 8, 2000, which
reversed a resignation not in good standing and awarded her back
pay, benefits, seniority and counsel fees.
ACTION: The Merit System Board granted the appellant $18,453.19
in counsel fees.
B-36 PATRICK RUSSO
Patrick Russo, represented by Sanford R. Oxfeld, Esq., petitions
the Merit System Board for reconsideration and a stay of the final
administrative decision, rendered July 31, 2002, forever barring
him from public employment pursuant to N.J.A.C. 2C:51-2(d).
ACTION: The Merit System Board denied the request for reconsideration
and a stay.
B-37 ANTHONY HAYNES
Anthony Haynes, Client Services Representative, Ancora Psychiatric
Hospital, Department of Human Services, appeals minor discipline
of two, five-day suspensions.
ACTION: The Merit System Board directed that this appeal
be granted in part.
B-38 KEITH OSTRANDER
Keith Ostrander, Cottage Training Technician, Hunterdon Developmental
Center, Department of Human Services, appeals minor discipline of
an Official Written Reprimand.
ACTION: The Merit System Board directed that this appeal
be granted.
B-39 SUNG YI
Sung Yi, represented by Benjamin Spivack, a Senior Staff Representative
with CWA Local 1040, appeals the Department of Corrections' failure
to notify him of an open competitive examination for Head Cook 1.
ACTION: The Merit System Board directed that this appeal
be denied.
B-40 CHARLES FUNCHES
The appeal of Charles Funches, Custodial Worker, Jersey City School
District, of his 30-day suspension beginning November 21, 2000,
on charges, was heard by Administrative Law Judge Stephen G. Weiss
(ALJ), who rendered his initial decision on June 28, 2002, upholding
the 30-day suspension. At its meeting on September 10, 2002, the
Merit System Board (Board) adopted the ALJ's recommendation. The
proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: |
Ida L. Castro, Chairwoman |
(Abstained) |
|
Alan Dexter Bowman |
(Yes) |
|
Josephine DiRienzo |
(Abstained) |
|
Margaret E.L. Howard |
(Yes) |
|
Robert J. Long |
(Yes) |
B-41 ALFRED H. JONES, JR.
The appeal of Alfred H. Jones, Jr., a Therapy Program Assistant
at Woodbridge Developmental Center, Department of Human Services,
of his 10-day suspension, beginning November 1, 2001, on charges,
was heard by Administrative Law Judge Anthony T. Bruno (ALJ), who
rendered his initial decision on July 25 2002. At its meeting on
September 10, 2002, the Merit System Board (Board) did not adopt
the ALJ's recommendation to increase the 10-day suspension to a
20-day suspension. Rather, the Board upheld the 10-day suspension.
The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: |
Ida L. Castro, Chairwoman |
(Abstained) |
|
Alan Dexter Bowman |
(Yes) |
|
Josephine DiRienzo |
(Abstained) |
|
Margaret E.L. Howard |
(Yes) |
|
Robert J. Long |
(Yes) |
B-42 NORMAN PETERS
The appeal of Norman Peters, a Senior Correction Officer with
Southern State Correctional Facility, Department of Corrections,
of his removal effective January 30, 2002, on charges, was before
Administrative Law Judge W. Todd Miller (ALJ), who rendered his
initial decision on August 2, 2002. At its meeting on September
10, 2002, the Merit System Board (Board) adopted the ALJ's recommendation
to dismiss the appeal as moot. The proposed final decision is now
submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: |
Ida L. Castro, Chairwoman |
(Abstained) |
|
Alan Dexter Bowman |
(Yes) |
|
Josephine DiRienzo |
(Abstained) |
|
Margaret E.L. Howard |
(Yes) |
|
Robert J. Long |
(Yes) |
B-43 JOYCE SHOFF
The appeal of Joyce Shoff, an Investigator, Vicinage XV (Probation
Department, Gloucester County), Judiciary, concerning her six-day
suspension beginning September 7, 2001, on charges, was heard by
Administrative Law Judge Edgar R. Holmes (ALJ), who rendered his
initial decision on August 7, 2002 upholding the suspension. At
its meeting on September 10, 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.
VOTE: |
Ida L. Castro, Chairwoman |
(Abstained) |
|
Alan Dexter Bowman |
(Yes) |
|
Josephine DiRienzo |
(Abstained) |
|
Margaret E.L. Howard |
(Yes) |
|
Robert J. Long |
(Yes) |
B-44 JOHN SODEN
The appeal of John Soden, Senior Probation Officer, Mercer Vicinage,
Judiciary, of his removal effective December 21, 2000 on charges,
was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered
his initial decision on August 2, 2002 upholding the removal. At
its meeting on September 10, 2002, the Merit System Board (Board)
adopted the ALJ's recommendation. The proposed final decision is
now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: |
Ida L. Castro, Chairwoman |
(Abstained) |
|
Alan Dexter Bowman |
(Yes) |
|
Josephine DiRienzo |
(Abstained) |
|
Margaret E.L. Howard |
(Yes) |
|
Robert J. Long |
(Yes) |
B-45 JOSEPH VISCUSO
The appeal of Joseph Viscuso, a Fire Captain with the Township
of Kearny, of his 15-day suspension, on charges, was before Acting
Director and Chief Administrative Law Judge Jeff S. Masin (ALJ),
who rendered his initial decision on May 8, 2002 approving the settlement
reached between the parties reducing the appellant's 15-day suspension
to seven calendar days. At its meeting on September 10, 2002, the
Board acknowledged the settlement. The proposed final decision is
now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: |
Ida L. Castro, Chairwoman |
(Abstained) |
|
Alan Dexter Bowman |
(Yes) |
|
Josephine DiRienzo |
(Abstained) |
|
Margaret E.L. Howard |
(Yes) |
|
Robert J. Long |
(Yes) |
B-46 JOHNNY WALCOTT
The appeal of Johnny Walcott, an Assistant Supervisor, Public
Works, with the City of Plainfield, of his 15-day suspension and
removal, effective October 6, 2000, on charges, was before Administrative
Law Judge Arnold Samuels (ALJ), who rendered his initial decision
on July 2, 2002 dismissing the appeal for lack of prosecution. At
its meeting on September 10, 2002, the Merit System Board did not
dismiss the appeal. Rather, the Board acknowledged the settlement.
The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: |
Ida L. Castro, Chairwoman |
(Abstained) |
|
Alan Dexter Bowman |
(Yes) |
|
Josephine DiRienzo |
(Abstained) |
|
Margaret E.L. Howard |
(Yes) |
|
Robert J. Long |
(Yes) |
B-47 ELAINE WATSON
The appeal of Elaine Watson, a Secretarial Assistant 3 - Non-Stenographic
at Rowan University, concerning her return to her permanent title
at the end of her working test period, effective October 15, 2001,
was heard by Administrative Law Judge (ALJ) W. Todd Miller, who
rendered his initial decision on July 8, 2002. At its meeting on
September 10, 2002, the Board adopted the ALJ's recommendation to
uphold the appellant's return to her permanent title of Senior Clerk
Typist. The proposed final decision is now submitted for the Board's
review.
ACTION: The Merit System Board adopted the final decision.
VOTE: |
Ida L. Castro, Chairwoman |
(Abstained) |
|
Alan Dexter Bowman |
(Yes) |
|
Josephine DiRienzo |
(Abstained) |
|
Margaret E.L. Howard |
(Yes) |
|
Robert J. Long |
(Yes) |
B-48 THOMAS WILLS
The appeal of Thomas Wills, Automotive Mechanic with the Department
of Transportation, of his removal effective March 9, 2001 on charges,
was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered
his initial decision on July 8, 2002 reversing the removal. At its
meeting on September 10, 2002, the Merit System Board (Board) adopted
the ALJ's recommendation. The proposed final decision is now submitted
for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: |
Ida L. Castro, Chairwoman |
(Abstained) |
|
Alan Dexter Bowman |
(Yes) |
|
Josephine DiRienzo |
(Abstained) |
|
Margaret E.L. Howard |
(Yes) |
|
Robert J. Long |
(Yes) |
B-49 CASSAUNDRA ALLEN, ET AL.
Cassaundra Allen, Joan Batot, Alicia Bruce, Luz Colon, Andrea
Fortson, Carl McDaniel, and Sherian Seegers 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 Investigator 1 (S0708C).
ACTION: The Merit System Board directed that these appeals
be denied.
B-50 MARILYN AROLL
Marilyn Aroll 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 Management Assistant (PS4871K), Division of Medical
Assistance and Health Services.
ACTION: The Merit System Board directed that this appeal
be granted.
B-51 SALAINE ATKINS-LITTLE, ET AL.
Salaine Atkins-Little, Shawnna Christopher and Christopher Ross
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 Social Worker 2 (S0004D).
ACTION: The Merit System Board directed that these appeals
be denied.
B-52 DEBRA BAILEY
Debra Bailey 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, Classification
(PS1231I), Southern State Correctional Facility.
ACTION: The Merit System Board directed that this appeal
be granted.
B-53 ROBERT BATAILLE
Robert Bataille appeals his ineligibility for Police Officer,
Long Branch.
ACTION: The Merit System Board directed that this appeal
be denied.
B-54 SUZANNE BAUERLE, ET AL.
Suzanne Bauerle, Margaret Penelli and Kimberly Walton appeal the
determination of the Division of Selection Services, which found
that they did not meet the minimum experience requirements for the
promotional examination for Secretarial Assistant 1 (Non-Stenographic),
(PS1825K), Division of Medical Assistance and Health Services.
ACTION: The Merit System Board directed that these appeals
be denied.
B-55 DAWN BOLLING-HORTA ET AL.
Dawn Bolling-Horta, Sheila Farah, Patricia Kinsky, and Patricia
Romanowski appeal the determination of the Division of Selection
Services, which found that they were below the minimum requirements
in experience for the promotional examination for Supervising Clerk
(PC1473C), Camden County Board of Social Services.
ACTION: The Merit System Board directed that these appeals
be denied.
B-56 JAMES BOND, ET AL.
James Bond, represented by Carmen Baugh, Esq., Tywanda Brown and
Andre Van Drost appeal the determinations of the Division of Selection
Services, which found that they did not meet the experience, or
educational and experience requirements for the open-competitive
examination for Management Assistant ((M6640C), Newark School District.
ACTION: The Merit System Board directed that these appeals
be denied.
B-57 NANCY E. CHIACCHIO
Nancy E. Chiacchio appeals the determination of the Division of
Selection Services, which found that she was below the minimum requirements
in experience for the promotional examination for Supervisor of
Legal Secretarial Services (PS2343P), Department of Law and Public
Safety.
ACTION: The Merit System Board directed that this appeal
be denied.
B-58 JANET CUCINOTTA
Janet Cucinotta appeals the determination of the Division of Selection
Services, which found that she was below the minimum requirements
in education and experience for the promotional examination for
Assistant Recreation Supervisor (PC0015D), Camden County.
ACTION: The Merit System Board directed that this appeal
be granted.
B-59 SHARON DAVIS AND MARY HOFFMAN
Sharon Davis appeals the determinations 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. Mary Hoffman 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, Classification (PS1231I), Southern State
Correctional Facility.
ACTION: The Merit System Board directed that these appeals
be denied.
B-60 NANCY DISANTO
Nancy DiSanto appeals the determination of the Division of Selection
Services, which found that she did not meet the required license
or registration for the promotional examination for Clinical Laboratory
Technician (PS1022K), Vineland Developmental Center.
ACTION: The Merit System Board directed that this appeal
be denied.
B-61 BARBARA DUNN AND DOROTHY MURPHY
Barbara Dunn and Dorothy Murphy appeal the determination of the
Division of Selection Services, which found that they did not meet
the experience requirements for the promotional examination for
Head Clerk (PS1618K), Division of Youth and Family Services.
ACTION: The Merit System Board directed that these appeals
be denied.
B-62 MICHAEL EVANGELISTA
Michael Evangelista appeals the determination of the Division
of Selection Services, which found that he did not meet the experience
requirements for the promotional examination for Section Chief Health
Care Facility (PS4183K), Ancora Psychiatric Hospital.
ACTION: The Merit System Board directed that this appeal
be denied.
B-63 PATRICIA GORE
Patricia Gore 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 Claims Reviewer (Medical Assistance) (PS0982K),
Division of Medical Assistance and Health Services.
ACTION: The Merit System Board directed that this appeal
be granted.
B-64 ROBIN GOULD
Robin Gould appeals the determination of the Division of Selection
Services, which found that she was below the minimum requirements
in experience for the promotional examination for Principal Clerk
Typist (PM2573B), Willingboro Township.
ACTION: The Merit System Board directed that this appeal
be granted.
B-65 VICTORIA HAIRSTON AND VALERI LANE
Victoria Hairston appeals the determination of the Division of
Selection Services, which found that she as ineligible for the promotional
examination for Child Support and Paternity Specialist 2 (PS4899K),
Division of Family Development, because she did not have the required
amount of permanent status as of the closing date. Valeri Lane 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
Child Support and Paternity Specialist 2 (PS4899K), Division of
Family Development.
ACTION: The Merit System Board directed that these appeals
be granted.
B-66 ELIZABETH HUBER
Elizabeth Huber appeals the determination of the Division of Selection
Services, which found that she did not meet the experience requirements
for the promotional examination for Program Manager, Health and
Senior Services (PS3383H), Department of Health and Senior Services.
ACTION: The Merit System Board directed that this appeal
be denied.
B-67 NILDA LLOYD
Nilda Lloyd appeals the determination of the Division of Selection
Services, which found that she did not meet the experience requirements
for the promotional examination for Classification Officer 4 (S2031D),
South Woods State Prison.
ACTION: The Merit System Board directed that this appeal
be denied.
B-68 JUDY MCDYER
Judy McDyer appeals the determination of the Division of Selection
Services, which found that she was below the minimum requirements
in experience for the promotional examination for Senior Clerk Typist
(PS2396I), South Woods State Prison.
ACTION: The Merit System Board directed that this appeal
be denied.
B-69 RENEE MENNELLA, ET AL.
Renee Mennella, Margaret Pennelli and Margaret Wildgoose appeal
the determination of the Division of Selection Services, which found
that, per the substitution clause for education, they did not meet
the experience requirement for the promotional examination for Management
Assistant (PS4871K), Division of Medical Assistance and Health Services.
ACTION: The Merit System Board directed that these appeals
be denied.
B-70 EDWARD MILLER
Edward Miller appeals the decision of the Division of Selection
Services, which found that he did not meet the experience requirements
for the promotional examination for Assistant Superintendent Recreation
(PM0595C), Hoboken.
ACTION: The Merit System Board directed that this appeal
be granted.
B-71 SELENIA ROLDAN
Selenia Roldan, represented by John L. Schettino, Esq., appeals
the determination of the Division of Selection Services, which found
that she did not meet the experience requirements for the open competitive
examinations for Investigator 1 (S0708C) and Investigator 1, Bilingual
Spanish/English (S0709C).
ACTION: The Merit System Board directed that this appeal
be denied.
B-72 JOHN A. SCHADER AND JOHN S. WENZEL
John A. Schader and John S. Wenzel appeal the determinations of
the Division of Selection Services, which found that they did not
meet the experience requirements for the promotional examination
for Truck Driver (PM0181D), West Milford.
ACTION: The Merit System Board directed that these appeals
be granted.
B-73 CHRISTIAN STARK
Christian Stark appeals the determination of the Division of Selection
Services that he was ineligible for the promotional examination
for Police Sergeant (PM2543C), Winslow Township.
ACTION: The Merit System Board directed that this appeal
be denied.
B-74 LARRY STASO
Larry Staso 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 Yard Supervisor
(PC2873A), Passaic County
ACTION: The Merit System Board directed that this appeal
be granted.
B-75 RICHARD SWEETEN
Richard Sweeten appeals the determination of the Division of Selection
Services, which found that he was below the minimum requirements
in education for the open competitive examination for Emergency
Medical Service Technician (S6425C).
ACTION: The Merit System Board directed that this appeal
be granted.
B-76 ELYSE TREZ
Elyse Trez appeals the determination of the Division of Selection
Services, which found that she did not meet the experience requirements
for the promotional examinations for Child Support Paternity Specialist
3 (PS0278K) and Child Support Paternity Specialist 2 (PS4899K),
Division of Family Development.
ACTION: The Merit System Board directed that these appeals
be denied.
B-77 FEROZE ALI
Feroze Ali appeals his score on the open competitive examination
for Supervisor of Accounts (M4002C), Monroe Township.
ACTION: The Merit System Board directed that this appeal
be denied.
B-78 ANGIE COOPER
Angie Cooper appeals her failing scores on the promotional examinations
for Cottage Training Supervisor (PS4055K) and (PS0927K), Woodbine
Developmental Center.
ACTION: The Merit System Board directed that this appeal
be denied.
B-79 MARY COSTIN
Mary Costin appeals her failing score on the promotional examination
for Residential Living Specialist (PS4893K), Vineland Developmental
Center.
ACTION: The Merit System Board directed that this appeal
be denied.
B-80 MICHELLE SENNI
Michelle Senni appeals her failing score and requests a make-up
of the promotional examination for Management Improvement Specialist
2 (PS3438K), Ancora Psychiatric Hospital.
ACTION: The Merit System Board directed that this appeal
be denied.
B-81 A'ISHA BASHIR
A'isha Bashir appeals the determinations of the Division of Selection
Services, which found that she did not provide a required transcript
or list of courses and credits for the open-competitive examinations
for Classification Officer 3 (S2024D), Northern State Prison and
Classification Officer 4 (S2029D), Northern State Prison and (S2027D),
Statewide.
ACTION: The Merit System Board directed that these appeals
be denied.
B-82 VIOLA THOMAS-HUGHES
Viola Thomas-Hughes appeals the determination of the Division
of Selection Services, which found that she did not submit the required
transcript or list of courses and credits for the promotional examination
for Classification Officer 3 (PS1492I), Bayside State Prison.
ACTION: The Merit System Board directed that this appeal
be denied.
B-83 ANTHONY AVILLO
Anthony Avillo appeals the administration of the oral portion
of the promotional examination for Fire Officer 3 (PM4011C), North
Hudson Regional Fire and Rescue Service.
ACTION: The Merit System Board directed that this appeal
be denied.
B-84 TERRANCE CROWDER
Terrance Crowder appeals the administration of the oral portion
of the promotional examination for Deputy Fire Chief (PM3593C),
City of Camden.
ACTION: The Merit System Board directed that this appeal
be denied.
B-85 MANSINH CHAUDHARI
Mansinh Chaudhari appeals the determination of the Division of
Selection Services, denying her request for a make-up for the promotional
examination for Senior Engineer Materials (PS3650T), Department
of Transportation.
ACTION: The Merit System Board directed that this appeal
be denied.
B-86 NAYDA CRUZ
Nayda Cruz appeals her failure of the written open competitive
examination for Drug Abuse Counselor (C4058C), Camden County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-87 ROBERT FOCHT
The Division of Human Resource Management requests that Robert
Focht, a Fire Lieutenant with North Hudson Regional Fire and Rescue
Service, be given retroactive seniority to July 16, 1994, for record
purposes only.
ACTION: The Merit System Board granted the request.
B-88 ABRAHAM JONES
Abraham Jones, represented by Michael K. Sharp, Executive Vice
President #3, P.B.A. Local #105, requests that he be assigned a
retroactive appointment date for record purposes.
ACTION: The Merit System Board denied the request.
B-89 MANAGEMENT SITUATIONS TEST
The Division of Selection Services requests modification of the
expiration date for 140 State and 19 local Management Situations
Test eligible lists.
ACTION: The Merit System Board granted the request.
B-90 ROGER STAHL
The Borough of Lodi appeals the determination of the Director,
Office of Intergovernmental Services, which denied its request for
the transfer of Roger Stahl from the title of Sheriff's Officer,
Ocean County Sheriff's Office, to the title of Police Officer, Borough
of Lodi.
ACTION: The Merit System Board directed that this appeal
be granted.
B-91 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. This matter was
held over from the Merit System Board meeting of September 25, 2002.
ACTION: The Merit System Board directed that this appeal
be denied.
B-92 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of September 25,
2002 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its
meeting of September 25, 2002.
B-93 DONALD HICKERSON
The appeal of Donald Hickerson, a Correction Sergeant with Central
Reception and Assignment Facility, Department of Corrections, of
his removal, effective April 3, 2000 on charges, was before Administrative
Law Judge Steven C. Reback (ALJ), who rendered his initial decision
on July 2, 2002. At its meeting on September 10, 2002, the Merit
System Board (Board) adopted the ALJ's recommendation to uphold
the removal. The proposed final decision is now submitted for the
Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: |
Ida L. Castro, Chairwoman |
(Abstained) |
|
Alan Dexter Bowman |
(Yes) |
|
Josephine DiRienzo |
(Abstained) |
|
Margaret E.L. Howard |
(Yes) |
|
Robert J. Long |
(Yes) |
B-94 MICHAEL RAVENDA
Michael Ravenda, a Construction Official with the Borough of Lodi
(Lodi), appeals the good faith of his layoff effective August 3,
2001, for reasons of economy and efficiency. This matter was heard
by Administrative Law Judge Carol I. Cohen (ALJ), who rendered her
initial decision on August 2, 2002 upholding the layoff. At its
meeting on September 25, 2002, the Merit System 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-95 KATHLEEN RHOADS
The appeal of Kathleen Rhoads, an Omnibus Operator with the Atlantic
County Department of Human Services, of her removal, effective November
22, 2000 on charges, was heard by Administrative Law Judge Anthony
T. Bruno (ALJ), who rendered his initial decision on July 26, 2002
modifying the removal to a 30-day suspension. At its meeting on
September 10, 2002, the Merit System Board modified the removal
to a 15-day suspension. The proposed final decision is now submitted
for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Ida L. Castro (Abstained)
Alan Dexter Bowman (Yes)
Josephine DiRienzo (Abstained)
Margaret E. L. Howard (Yes)
Robert J. Long (Yes)
B-96 DISTRICT PAROLE SUPERVISOR (PS4338I), STATE PAROLE BOARD
The New Jersey Law Enforcement Superiors Association (NJLESA),
represented by Richard D. Fornaro, Esq., challenges the scope of
eligibility for the promotional examination for District Parole
Supervisor (PS4338I), State Parole Board.
ACTION: The Merit System Board directed that this request
be denied.
B-97 EARLY SETTLEMENTS
Christian Granata
County of Burlington
County Jail
Suspension
ACTION: The Merit System Board acknowledged the settlement.
There being no further business before the Merit System Board,
the meeting was adjourned to convene on Wednesday, October 23, 2002
at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
______________________________
MARGARET E. L. HOWARD
PRESIDING BOARD MEMBER
MERIT SYSTEM BOARD
|