Ida
L. Castro, Chairwoman
Josephine DiRienzo
Robert J. Long
A regular
meeting of the Merit System Board was held on Wednesday, November 7, 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. 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:
November 1, 2002
To:
Ida L. Castro, Commissioner
Henry Maurer,
Director
Merit System Practices and Labor Relations
From:
Elizabeth Van Marter, Acting Director
Division of Human Resource Management
Subject:
Change in State Classification Plan
DEPARTMENT
OF LABOR
The Department
of Labor is requesting that the following job functions be reallocated
to the Senior Executive Service.
Your approval
of the reallocation for the following position from the career service
to the Senior Executive Service is recommended. A review of the assigned
job functions has been conducted and the positions meet the standards
established for inclusion in the Senior Executive Service.
Reallocation
of Service
Effective Date: August 24, 2002
From:
Assistant Director, Workers Compensation M32-31186 Pos. #046445
To: Senior Executive Service M98-90752
From:
Assistant Director, Workers Compensation M32-31186 Pos. #053389
To: Senior Executive Service M98-90752
The positions
report to the Director and Chief Judge of the Division of Workers Compensation.
Position
#046445
This position will function as Administrative Director of the Workers
Compensation Court System. It will be responsible for the management and
coordination of the staff for the workers compensation court system in
the Trenton office and in fifteen (15) vicinages. This includes the managing,
docketing, assigning and updating of over 100,000 active cases and maintaining
the large number of closed cases. The position will also have day-to-day
responsibility for all facilities, leases, and technology functions for
the division. The position will be active in developing technologically
advanced case management/information system for the division which will
include electronic court lists, attorney and insurance carrier computer
access to court records, files and interactive forms. The budget for these
court system programs is $11,759,000 for FY 2003.
Position
#053389
This position will function as Administrator, Special Compensation Funds
which include the Second Injury Fund and the Uninsured Employers Fund.
The position will develop and execute policy for these funds in accordance
with statutory and fiscal requirements. The position will be directly
responsible for issuing sanctions after administrative reviews and hearings
involving uninsured employers and for recommending decisions in allegations
of discrimination against employers who file workers compensation cases.
In addition, the position will coordinate implementation of the Workers
Compensation Fraud Act and enforcement litigation affecting the division
and the Attorney General's Office. Funding for the special compensation
programs is $1,639,000 for administration and $140,000,000 for benefits
in FY 2003.
DATE:
November 7, 2002
TO:
Ida L. Castro, Commissioner
Department of Personnel
FROM:
Elizabeth Van Marter, Acting Director
Human Resources Management
SUBJECT:
Change in the State Classification Plan
Title Consolidation
DEPARTMENT
OF ENVIRONMENTAL PROTECTION
The Department
of Environmental Protection wishes to consolidate the functions of several
managerial titles assigned to the Division of Fish and Wildlife. The Division
is responsible for the protection, management and efficient use of New
Jersey's fish and wildlife resources.
The Department
currently utilizes several variant Manager titles in other divisions to
classify assigned administrative, fiscal and other technical functions.
The Division of Fish and Wildlife wishes to pattern the structure of the
existing "Chief" titles in a manner similar to other managerial titles
used in the Department. The education and experience requirements of these
Chief titles are very similar, making this a logical consolidation of
functions. It will result in the elimination of seven (7) titles and the
creation of two (2) variants, Manager 4, Natural Resources, Fisheries
and Manager 4, Natural Resources, Wildlife. Approval of this request will
permit the Division a degree of management flexibility in staff rotation
and development and is consistent with our goals of title reduction. It
will afford equity of compensation with other managerial functions in
the Department.
This action
will result in an upward salary reevaluation for the incumbents. The Department
of Environmental Protection requests this be processed as a "no-pain,
no-gain" transaction, in that the incumbents will be placed in the title
with their current salary. Incumbents holding permanent status in their
existing title will be laterally appointed to the Manager 4 variant title.
Provisional incumbents will be required to participate in the promotional
examination process.
The consolidation
is summarized as follows.
Former
Title |
New
Title |
Chief,
Bureau of Freshwater Fisheries
M30-45446 |
Manager
4, Natural Resources, Fisheries
M32-64994 |
Chief,
Bureau of Shellfisheries
M29-03386
|
Manager
4, Natural Resources, Fisheries
M32-64994 |
Chief,
Office of Wildlife Education
M29-03203 |
Manager
4, Natural Resources, Wildlife
And Information
M32-64994 |
Chief,
Bureau of Development and Maintenance
M30-03204 |
Manager
4, Natural Resources, Wildlife
M32-64994 |
Chief,
Bureau of Wildlife Management
M30-45625
|
Manager
4, Natural Resources, Wildlife
M32-64994 |
Chief,
Office of Endangered and Non-Game Species
M29-03201 |
Manager
4, Natural Resources, Wildlife
M32-64994 |
Chief,
Bureau of Marine Fisheries
M29-03383
|
Manager
4, Natural Resources, Fisheries
M32-64994 |
CREATION
OF VARIANT TITLES:
Effective:
12/29/01 |
|
Manager
4, Natural Resources, Fisheries
M32-64994 C NL
|
Manager
4, Natural Resources, Wildlife
M32-64994 C NL |
TITLE
INACTIVATIONS:
Effective: 12/29/01
Chief,
Bureau of Freshwater Fisheries, M30-45446
Chief, Bureau of Shellfisheries, M29-03386
Chief, Office of Wildlife Education and Information, M29-03203
Chief, Bureau of Development and Maintenance, M30-03204
Chief, Bureau of Wildlife Management, M30-45625
Chief, Office of Endangered and Non-Game Species, M29-03201
Chief, Bureau of Marine Fisheries, M29-03383
WITHDRAWAL
OF APPEALS
The following
appeals were withdrawn and removed from the hearing calendar:
Jana
Boag, County Correction Officer, County of Ocean, removal.
Mark
Coleman, County Correction Officer, Department of Corrections and
Youth Services, County of Monmouth, indefinite suspension.
Ronald
K. Gabriel, Juvenile Detention Officer, Department of Corrections
and Youth Services, County of Monmouth, suspension.
David
Hill, Police Officer, Police Department, City of Newark, removal.
Andre
Lee, Security Guard, Passaic County Board of Social Services, good
faith layoff.
Michael
Stone, Ranger Trainee, Department of Environmental Protection, list
removal.
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:
William
Kimble, Building Maintenance Worker, Department of Building and Grounds,
County of Burlington, suspension.
Warren
McRae, Police Officer, Police Department, City of Jersey City, suspension.
Edward
Miller, Building Maintenance Worker, Department of Building and Grounds,
County of Burlington, suspension.
SECTION
A - HEARING MATTERS
A-1
SETTLEMENTS
In the
Matter of William Ailes-Flanagan
Riverfront State Prison
Department of Corrections
Suspension
In the
Matter of Charles Craig
East Jersey State Prison
Department of Corrections
Suspension
In the
Matter of William Crawley
County of Passaic
Department of Youth Services
Suspension
In the Matter of Sue Davison
Division of Taxation
Department of Treasury
Suspension
In the
Matter of Michele D. Enous
New Jersey Judiciary
Atlantic/Cape May Vicinage
Release at the end of the working test period
In the
Matter of Orvilla Glover
East Jersey State Prison
Department of Corrections
Removal
In the
Matter of Raymond Grabert
Township of Delran
Department of Public Works and Public Property
Suspension
In the Matter of Joseph J. Jablonka
City of Jersey City
Department of Recreation and Cultural Affairs
Layoff
In the Matter of Richard Jordan
County of Mercer
Department of Public Safety
Removal
In the
Matter of Michael Kennedy
Northern State Prison
Department of Corrections
Suspension
In the
Matter of Daniel Oritz
Mountainview Youth Correctional Facility
Department of Corrections
Release at the end of the working test period
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES -
SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements.
A-2
RICHARD ANDERSON
Richard
Anderson a Senior Correction Officer with Central Transportation, Department
of Corrections, appeals the denial of sick leave injury benefits.
Recommendation
of the Administrative Law Judge - Grant sick leave injury benefits.
ACTION:
The Merit System Board affirmed the recommendation of the Administrative
Law Judge.
A-3
LEFTDWRIGE FONTINI DIXON
Leftdwrige
Fontini Dixon, Senior Correction Officer, Northern State Prison, Department
of Corrections, 30-day suspension on charges of neglect of duty, loafing,
idleness or willful failure to devote attention to tasks which could result
in danger to persons or property and violation of administrative procedures
and/or regulations involving safety and security.
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
DEBORAH FITZPATRICK
Deborah
Fitzpatrick, County Correction Officer, County of Monmouth, Corrections/Youth
Services Department, ten-day suspension on the charge of tardiness.
Recommendation
of the Administrative Law Judge - Reverse the ten-day suspension.
ACTION:
The Merit System Board affirmed the recommendation of the Administrative
Law Judge.
A-5
KELLIEJEAN ROSTIEN (REMAND)
Kelliejean
Rostien, Emergency Medical Technician, City of Vineland, Health Department,
release at the end of the working test period effective September 20,
1999.
Recommendation
of the Administrative Law Judge - Uphold the release at the end of the
working test period.
ACTION:
The Merit System Board affirmed the recommendation of the Administrative
Law Judge.
A-6
CHARLENE SMITH, JAMES A. MILLER, AND ALFRED P. LONG (REMAND)
Charlene
Smith, James A. Miller, and Alfred P. Long, City of Plainfield appeal
the good faith of their layoffs, effective October 21, 1994, for reasons
of economy and efficiency.
Recommendation
of the Administrative Law Judge - Uphold the layoffs of Charlene Smith
and James A. Miller and reverse the layoff of Alfred P. Long.
ACTION:
The Merit System Board affirmed the recommendation of the Administrative
Law Judge.
A-7
KEVIN SMITH
Kevin Smith,
Senior Correction Officer, South Woods State Prison, Department of Corrections,
ten-day suspension on charges of loss or careless control of firearms
and other sufficient cause.
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-8
KEVIN FREIBOTT
Kevin Freibott,
Police Officer, Township of Middletown, Department of Public Safety, removal
effective August 15, 2001, on charges of incompetency, insubordination,
conduct unbecoming a public employee, and violation of Police Department
rules and regulations.
Recommendation
of the Administrative Law Judge - Modify the removal to a two-month suspension.
ACTION:
The Merit System Board modified the recommendation of the Administrative
Law Judge to a six-month suspension.
A-9
SERENA SWAGGERTY
Serena
Swaggerty, Food Service Worker, County of Atlantic, Department of Human
Services, removal effective August 16, 2001, on charges of conduct unbecoming
a public employee and violation of the workplace violence policy.
Recommendation
of the Administrative Law Judge - Modify the removal a six-month suspension.
ACTION:
The Merit System Board affirmed the recommendation of the Administrative
Law Judge.
A-10
THELMAN THOMAS
Thelman
Thomas, Custodial Worker, City of Newark School District, removal effective
March 19, 2001, on charges of conduct unbecoming a public employee and
other sufficient cause.
Recommendation
of the Administrative Law Judge - Reverse the removal.
ACTION:
The Merit System Board directed that this matter be held over.
A-11
EVELYN WILLIAMS
Evelyn
Williams, Food Service Worker, County of Essex, Department of Citizen
Services, removal effective December 27, 1999, on charges of insubordination,
chronic and excessive absenteeism, conduct unbecoming a public employee,
absence without official leave, and resignation not in good standing.
Recommendation
of the Administrative Law Judge - Modify the removal to a one-day suspension.
ACTION:
The Merit System Board affirmed the recommendation of the Administrative
Law Judge.
A-12
OLIVER NNADI
Oliver
Nnadi, Correction Sergeant, Juvenile Justice Commission, removal effective
November 26, 1999, on charges of neglect of duty, conduct unbecoming a
public employee and falsification.
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
RICHARD ANDERSON
Richard
Anderson, a former Senior Correction Officer with the 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 denied.
B-2
PEARL BUTLER
Pearl Butler,
a Cottage Training Technician at Woodbridge Developmental Center, Department
of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION:
The Merit System Board directed that this appeal be denied.
B-3
KAREN HUESKEN
Karen Huesken,
a Field Representative, Housing with the Department of Community Affairs,
represented by Virginia A. Wolf, Senior Staff Representative, CWA Local
1034, appeals the denial of sick leave injury (SLI) benefits.
ACTION:
The Merit System Board directed that this appeal be granted.
B-4
HOWARD PFISTER
Howard
Pfister, a Secretarial Assistant 3 with the Division of Family Development,
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-5
JOHN WOOD
John Wood,
a Senior Correction Officer at Southern State Correctional Facility, 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 granted in part and
referred in part to the Medical Examiners Panel.
B-6
CASEY A. ANDREWS
Casey A.
Andrews, represented by John F. Pilles, Jr., Esq., appeals the decision
of Human Resource Information Services (HRIS), which upheld the removal
of her name from the eligible list for Sheriff's Officer (S9999B), Monmouth
County, on the basis of an unsatisfactory background report.
ACTION:
The Merit System Board directed that this appeal be denied.
B-7
RICHARD E. GRANT, JR.
The City
of Camden (Camden), represented by Marc A. Riondino, Assistant City Attorney,
appeals the decision of Human Resource Information Services, which restored
Richard E. Grant, Jr. to the eligible list for Fire Fighter (M2013A) on
the basis that he met the residency requirement.
ACTION:
The Merit System Board directed that this appeal be denied.
B-8
ROBERT MONROE
Robert
Monroe, represented by William B. Hildebrand, 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 County Correction Officer (S9999A), Camden County, on
the basis of an unsatisfactory criminal record.
ACTION:
The Merit System Board directed that this appeal be denied.
B-9
EDWIN MONTALVO
Edwin Montalvo
appeals the decision of Human Resource Information Services (HRIS) which
upheld the removal of his name from the Sheriff's Officer (S9999B) Monmouth
County eligible list on the basis of an unsatisfactory background report.
ACTION:
The Merit System Board directed that this appeal be denied.
B-10
LAVERNE PITTS
Laverne
Pitts, represented by Virginia A. Wolf, Senior Representative, CWA Local
1034, appeals the decision of Human Resource Information Services, which
upheld the bypass of her name on the promotional list for Senior Unemployment
Insurance Clerk (PS2320N), Department of Labor.
ACTION:
The Merit System Board directed that this appeal be denied.
B-11
FELIX M. ROGERS
Felix M.
Rogers, represented by Troy A. Archie, Esq., appeals the decision of Human
Resource Information Services (HRIS), which upheld the removal of his
name from the Police Officer (S9999A), City of Camden eligible list on
the basis of an unsatisfactory background report.
ACTION:
The Merit System Board directed that this appeal be granted but the appellant's
name should be reflected as bypassed on the certification.
B-12
THOMAS J. WALSH
Thomas
J. Walsh, represented by Edward C. Bertucio, Jr., appeals the removal
of his name from the eligible list for Police Officer (S9999A), Borough
of South Belmar based on falsification of his employment application and
failing to meet the residency requirement.
ACTION:
The Merit System Board directed that this appeal be denied.
B-13
DAUD ABDUS-SABUR
Daud Abdus-Sabur,
a Senior Correction Officer at Northern State Prison, Department of Corrections
(DOC), appeals the determinations of the Director, Equal Employment Division
(EED), with the DOC, stating that the appellant failed to present sufficient
evidence to support a finding that he ad 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 matter be held over.
B-14
CLARENCE BARNES
Clarence
Barnes, a Senior Correction Officer with Northern State Prison, Department
of Corrections (DOC), appeals the determination of the Director of the
Equal Employment Division (EED) with the DOC, stating that the appellant
failed to present sufficient evidence to support a finding that he 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 denied the appeal in part but remanded the appeal
in part to the Department of Corrections for investigation and administrative
review.
B-15
JOHN DI'TULLIO
John Di'Tullio,
an Electrician with South Woods State Prison, Department of Corrections
(DOC), appeals the determination of the Director, Equal Employment Division,
with the DOC, stating that the appellant failed to present sufficient
evident 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-16
ALVERA DOUGLAS
Alvera
Douglas, a Senior Correction Officer with the Department of Corrections
(DOC), appeals the determination of the Director, 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.
ACTION:
The Merit System Board directed that this appeal be denied.
B-17
MARY HALL
Mary Hall,
a Youth Work Supervisor with the Juvenile Justice Commission, Department
of Law and Public Safety, appeals the determination of the Attorney General,
stating that the appellant failed to present sufficient evidence to support
a finding that she had been subjected to violations of the New Jersey
State Policy Prohibiting Discrimination, Harassment or Hostile Environments
in the Workplace.
ACTION:
The Merit System Board directed that this appeal be denied.
B-18
ZINO SALNAVE
Zino Salnave,
a Senior Correction Officer at the East Jersey State Prison, Department
of Corrections (DOC), appeals the determination of the Director of Equal
Employment Division with the DOC, stating that the appellant failed to
present sufficient evidence to support a finding that he 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-19
DIANE SEBASTIAN
The Department
of Community Affairs (DCA) requests reconsideration of the Merit System
Board (Board) decision rendered on December 19, 2000, in which the Board
granted Diane Sebastian, a Technical Assistant 1, Community Affairs, with
the DCA, a hearing on her complaint that she was sexually harassed in
violation of the New Jersey State Policy Prohibiting Discrimination, Harassment
or Hostile Environments in the Workplace.
ACTION:
The Merit System Board directed that this matter be held over.
B-20
ANGELA M. ELLIS
Angela
M. Ellis, a Senior Correction Officer at the Edna Mahan Correctional Facility
for Women, Department of Corrections (DOC), represented by Henry J. Cistrelli,
Esq., petitions the Merit System Board (Board) for reconsideration of
the final administrative decision, decided June 26, 2002, in which the
Board denied her request for sick leave injury (SLI) benefits.
ACTION:
The Merit System Board denied the request for reconsideration.
B-21
BRIAN SOBUN
The Department
of Corrections petitions the Merit System Board for reconsideration of
the final administrative decision, rendered February 20, 2002, which awarded
Brian Sobun sick leave injury (SLI) benefits.
ACTION:
The Merit System Board denied the request for reconsideration.
B-22
SUNG YI
The Department
of Corrections (DOC) petitions the Merit System Board for reconsideration
of the final decision, rendered on February 20, 2002, which granted sick
leave injury (SLI) benefits to Sung Yi, a former Head Cook 1 with the
DOC from May 7, 2001 to July 4, 2001.
ACTION:
The Merit System Board denied the request for reconsideration.
B-23
SYLVIA MEYERS
Sylvia
Meyers, a Senior Correction Officer with the Department of Corrections,
petitions the Merit System Board for reconsideration of its final decision
rendered on May 29, 2002, which upheld the removal of the petitioner effective
September 16, 1998.
ACTION:
The Merit System Board denied the request for reconsideration.
B-24
CLERK, SPECIAL REEMPLOYMENT LIST, TOWN OF WEST NEW YORK
The appointing
authority's failure to properly dispose of the certification for 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-25
REGISTRAR OF VITAL STATISTICS (M7818C), BOROUGH OF ROSELLE
The appointing
authority's failure to properly dispose of the certification for Registrar
of Vital Statistics, 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-26
SUPERVISOR, STREETS, SPECIAL REEMPLOYMENT LIST, EAST ORANGE
The appointing
authority's failure to properly dispose of the certification for Supervisor,
Streets, 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-27
SECRETARIAL ASSISTANT, TYPING (M7850C), NEWARK SCHOOL DISTRICT
The appointing
authority's failure to properly dispose of the certification for Secretarial
Assistant, Typing (M7850C), while two provisional appointees are 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 appointees, make an appointment from the certification and
pay compliance costs.
B-28
SENIOR BUYER (M1474C), CITY OF EAST ORANGE
The appointing
authority's failure to properly dispose of the certification for Senior
Buyer, 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-29
SENIOR CUSTODIAN (PM04902C), NEWARK SCHOOL DISTRICT
The appointing
authority's failure to properly dispose of the certification for Senior
Custodian, 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-30
TRAFFIC MAINTENANCE WORKER (M6673A), CITY OF EAST ORANGE
The appointing
authority's failure to properly dispose of the certification for Traffic
Maintenance Worker, 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
LUCY LILLY
Lucy Lilly,
a Site Manager, Nutrition Program with the Morris County Department of
Human Services (MCDHS), represented by Richard D. Brown, Esq., appeals
the decision of MCDHS to reassign her.
ACTION:
The Merit System Board directed that this appeal be denied.
B-32
GERALDINE BROWN
Geraldine
Brown, an Intermittent Labor Clerk, Department of Labor (DOL), appeals
the decision of DOL to resign her in good standing.
ACTION:
The Merit System Board directed that this appeal be denied.
B-33
LEONARD CUNNINGHAM
Leonard
Cunningham, a Senior Parole Officer, represented by Mark W. Catanzaro,
Esq., appeals an official written reprimand and a three-day suspension
issued by the State Parole Board.
ACTION:
The Merit System Board directed that this appeal be granted on the official
written reprimand and the appeal be denied on the three-day suspension,
but remanded the matter to the appointing authority to reconsider the
penalty.
B-34
TEQUILA THOMPSON
Tequila
Thompson, a Correction Officer Recruit, East Jersey State Prison, represented
by William Toolen, Second Shift Representative, PBA Local 105, appeals
an official written reprimand issued by the Department of Corrections.
ACTION:
The Merit System Board directed that this appeal be granted.
B-35
JOSEPH SPAVENTA
Joseph
Spaventa, Laboratory Technician, Woodbine Developmental Center, Department
of Human Services, represented by the Communication Workers of America,
Local 1040, appeals minor discipline of an Official Written Reprimand.
ACTION:
The Merit System Board directed that this appeal be granted.
B-36
CHRISTOPHER ASH
The appeal
of Christopher Ash, a Truck Driver in the Division of Human Resources,
Department of Transportation (DOT), of his five-day, 15-day and six-month
suspensions and his removal effective July 29, 2001, on charges, was before
Acting Chief Administrative Law Judge Jeff S. Masin (ALJ), who rendered
his initial decision on August 28, 2002 recommending that a settlement
between the parties be acknowledged. At its meeting on October 9, 2002,
the Merit System Board remanded the matters to the Office of Administrative
Law.
ACTION:
The Merit System Board adopted the decision.
B-37
MICHAEL EBERHARDT
The appeal
of Michael Eberhardt, a Sheriff's Officer with the Monmouth County Sheriff's
Department, of his resignation not in good standing and removal, effective
November 16, 2000, was heard by Administrative Law Judge Israel D. Dubin
(ALJ), who rendered his initial decision on August 29, 2002. At its meeting
on October 9, 2002, the Merit System Board (Board) adopted the ALJ's recommendation
to reverse the resignation not in good standing, but did not adopt the
ALJ's recommendation that the removal be modified to a six-month suspension.
Rather, the Board upheld the removal. The proposed final decision is now
submitted for the Board's review.
ACTION:
The Merit System Board adopted the final decision.
B-38
SYBIL THREATS
The appeal
of Sybil Threats, a Senior Correction Officer at Mid-State Correctional
Facility, Department of Corrections, of her removal effective September
29, 2000 on charges, was heard by Administrative Law Judge Robert S. Miller
(ALJ), who rendered his initial decision on October 9, 2002, the Merit
System Board ordered that this matter be remanded to the Office of Administrative
Law. The proposed decision is now submitted for the Board's review.
ACTION:
The Merit System Board adopted the decision.
B-39
KELVIN WAGNER
The appeal
of Kelvin Wagner, a County Correction Officer with the Gloucester County
Sheriff's Office, of his removal effective December 17, 1999 on charges,
was heard by Administrative Law Judge Steven C. Reback (AJ), who rendered
his initial decision on June 5, 2002, upholding the removal. At its meeting
on October 9, 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.
B-40
DAVID WEISS
The appeal
of David Weiss, a Police Lieutenant with the Perth Amboy Police Department,
of his 180 calendar day suspension and demotion to Police Sergeant, effective
November 23, 2000 on charges, was heard by Administrative Law Judge M.
Kathleen Duncan (ALJ), who rendered her initial decision on June 27, 2002.
At its meeting on October 9, 2002, the Merit System Board (Board) adopted
the ALJ's recommendation to uphold the 180 calendar day suspension and
demotion to Police Sergeant. The proposed final decision is now submitted
for the Board's review.
ACTION:
The Merit System Board adopted the final decision.
B-41
THOMAS WALLACE
The appeal
of Thomas Wallace, a Police Officer with Little Egg Harbor Township, of
his removal effective August 2, 1999 on charges, was heard by Administrative
Law Judge Joseph F. Martone (ALJ), who rendered his initial decision on
August 15, 2002 reversing the removal. At its meeting on October 23, 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 directed that this matter be held over.
B-42
DEBBIE BAJEK
Debbie
Bajek appeals the decision of the Division of Selection Services, which
found that she did not meet the experience requirements for the promotional
examination for Principal Account Clerk Typing (PM1747C), Woodbridge.
ACTION:
The Merit System Board directed that this appeal be granted.
B-43
MELINDA BONNER AND KIM SYKES-WOODS
Melinda
Bonner and Kim Sykes-Woods appeal the determinations of the Division of
Selection Services, which found them ineligible for the promotional examination
for Senior Clerk Transcriber (PS2221K), Division of Youth and Family Services.
ACTION:
The Merit System Board directed that these appeals be granted
B-44
MARY BOXLER
Mary Boxler
appeals the determination of the Division of Selection Services, which
found that, per the substitution clause for education she did not meet
the education and experience requirements for the promotional examination
for Management Assistant (PS3951H), Department of Health and Senior Services.
ACTION:
The Merit System Board directed that this appeal be granted.
B-45
SANDRA BRODBECK
Sandra
Brodbeck appeals the determination of the Division of Selection Services
which found that appellant did not meet the experience requirements for
the promotional examination for Senior clerk Transcriber (PS3709G), Department
of Environmental Protection.
ACTION:
The Merit System Board directed that this appeal be granted.
B-46
KIMBERLY K. CALDWELL
Kimberly
K. Caldwell appeals the decision of the Division of Selection Services
that found that, per the substitution clause for education, she was below
the minimum requirements in experience for the promotional examination
for Management Assistant (PS3769H), Department of Health and Senior Services.
ACTION:
The Merit System Board directed that this appeal be denied.
B-47
STEPHEN CHILLEMI AND EDWARD YAKSTA
Stephen
Chillemi and Edward Yaksta appeal the administration, validity, amount
of time allowed to take the examination, and a specific question of the
promotional examination for Regional Electrical Supervisor (PS2411T),
Department of Transportation.
ACTION:
The Merit System Board directed that these appeals be denied.
B-48
VERA B. COUNCIL
Vera B.
Council appeals the determination of the Division of Selection Services,
which found that she was ineligible for the promotional examination for
Human Service Specialist (PC1536B), Mercer County Board of Social Services.
ACTION:
The Merit System Board directed that this matter be held over.
B-49
CLAUDINE D'AGOSTINO
Claudine
D'Agostino appeals the determination of the Division of Selection Services,
which found that she did not meet the education requirements for the promotional
examination for Accounting Assistant (PS2139K), Ancora Psychiatric Hospital.
ACTION:
The Merit System Board directed that this appeal be granted.
B-50
WILLIAM S. DAVIS
William
S. Davis, a disabled veteran, appeals the determinations of the Division
of Selection Services that he did not meet the experience requirement
for the open-competitive examination for Program Development Specialist
(Community Service) (C6641D), Cumberland County, and the education and
experience requirements for the open-competitive examination for Field
Representative (Senior Citizens Program) (C0156D), Cumberland County.
ACTION:
The Merit System Board directed that the appeal for Program Development
Specialist (Community Service) be granted but directed that the appeal
for Field Representative (Senior Citizens Program) be denied.
B-51
SHENITA ELDER AND GAIL GERESI
Shenita
Elder and Gail Geresi appeal the determinations of the Division of Selection
Services which found them ineligible for the promotional examination for
Senior Clerk Transcriber (PS2221K), Division of Youth and Family Services.
ACTION:
The Merit System Board directed that these appeals be granted.
B-52
KIMBERLY B. EVANS
Kimberly
B. Evans 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 the Technical Assistant 1, Insurance (PS2671L), Department of Banking
and Insurance.
ACTION:
The Merit System Board directed that this appeal be denied.
B-53
FATHALLA FARAG ET AL.
Fathalla
Farag appeals the determination of the Division of Selection Services,
which found that she did not provide an evaluated foreign transcript for
the open competitive examination for Health Systems Specialist 2 (S6276A),
Rebecca McMillen and James Plastine appeal the determination of the Division
of Selection Services, which found that, per the substitution clause for
education, they did not meet the experience requirements for the open
competitive examination for Health Systems Specialist 2 (S6276A).
ACTION:
The Merit System Board directed that these appeals be denied.
B-54
PATRICIA MCEVOY
Patricia
McEvoy appeals the determination of the Division of Selection Services,
which found that she did not meet the education and experience requirements
for the open competitive examination for Senior Medical Social Worker
(C6018B), Gloucester County.
ACTION:
The Merit System Board directed that this appeal be denied.
B-55
ALANA MORGAN
Alana Morgan
appeals the determination of the Division of Selection Services, which
found that she was below the minimum requirements in education for the
open-competitive examination for graphic Artist 1 (M6122B), City of Newark.
ACTION:
The Merit System Board directed that this appeal be denied.
B-56
DIANE PATTERSON
Diane Patterson
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 4 (Data Processing) (PS4898K), Division of Family Development.
ACTION:
The Merit System Board directed that this appeal be denied.
B-57
DIANE PIERZGA
Diane Pierzga
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 Social Worker (PC1645C), Warren County
Welfare Board promotional examination.
ACTION:
The Merit System Board directed that this appeal be granted.
B-58
HOLLY RITTENHOUSE
Holly Rittenhouse
appeals the determination of the Division of Selection Services, that
found that she did not meet the experience requirements for the promotional
examination for Data Base Analyst 2 (PS4575G), Department of Environmental
Protection.
ACTION:
The Merit System Board directed that this appeal be granted.
B-59
JEROME WATKINS
Jerome
Watkins appeals the determination of the Division of Selection Services,
which found that he was below the minimum requirements for education and
experience for the promotional examination for Assistant Food Service
Supervisor 1 (PS3423I), South Woods State Prison.
ACTION:
The Merit System Board directed that this appeal be denied.
B-60
REGINA LORUSSO
Regina
Lorusso appeals her score on the promotional examination for Assistant
Administrative Supervisor of Income Maintenance (PC0771B), Camden County
Board of Social Services.
ACTION:
The Merit System Board directed that this appeal be denied.
B-61
ROBERT ROMAN
Robert
Roman appeals his score on the promotional examination for Data Processing
Scheduler 1 (OIT) (PS785U), Department of the Treasury.
ACTION:
The Merit System Board directed that this appeal be denied.
B-62
HUMAN SERVICES SPECIALIST 4
The Communications
Workers of America, Local 1081 (CWA), behalf of all the members who participated
in the Supervisor Test Battery (STB), appeals the validity of the test
for the promotional examination for Human Services Specialist 4 (PS1921C),
Passaic County Board of Social Services.
ACTION:
The Merit System Board directed that this appeal be denied.
B-63
MICHELLE MCCROY
Michelle
McCroy appeals the validity of the promotional examination for Technical
Assistant, Management Information Systems (PS0522K), Division of Youth
and Family Services.
ACTION:
The Merit System Board directed that this appeal be denied.
B-64
VIRMA SALAZAR
The Director,
Division of Human Resource Management, on behalf of the Department of
Military and Veterans Affairs, requests that Virma Salazar's out-of-title
work experience be accepted to qualify her for a lateral title change
to the title of Principal Audit Account Clerk.
ACTION:
The Merit System Board granted the request.
B-65
GLORIA JOHNSON
Gloria
Johnson appeals the determination of the Division of Selection Services
denying her request for a make-up for the promotional examination for
Human Services Specialist 2 (PC1920C), Passaic County Board of Social
Services.
ACTION:
The Merit System Board directed that this appeal be granted.
B-66
DEPARTMENT OF CORRECTIONS, OFFICE OF INFORMATION TECHNOLOGY
The Acting
Director, Division of Human Resource Management, on behalf of the Department
of Corrections, petitions the Merit System Board for reconsideration of
the decision rendered on February 27, 2002, which found the out-of-title
work performed in various inappropriate information technology titles
acceptable to satisfy the requirements for either a lateral title change
or a promotion, pending examination, to the Technical Assistant, MIS,
Technician MIS, Senior Technician and Technical Support Specialist 2 titles.
ACTION:
The Merit System Board granted the request
B-67
POLICE LIEUTENANT (PM2622A) AND POLICE SERGEANT (PM2531A)
Donald
J. Tempalsky, Walter J. Antoniewicz, and Robert J. Berlinski, represented
by Bruce D. Leder, Esq., and the City of Linden request acknowledgement
of a settlement providing for retroactive seniority dates of appointments
to the titles of Police Lieutenant and Police Sergeant, respectively,
City of Linden.
ACTION:
The Merit System Board acknowledged the settlement.
B-68
SHERIFF'S OFFICERS, CAMDEN COUNTY
Michael
W. McLaughlin, Sheriff of Camden County, appeals the decision of the Division
of Human Resource Information Systems rescinding one of the two permanent
appointments made to the title of Sheriff's Officer from the Priority
Hiring List 1 (C2200H).
ACTION:
The Merit System Board directed that this appeal be granted.
B-69
EARLY SETTLEMENTS
Marilyn
Bell
Division of Youth and Family Services
Department of Human Services
Suspension
Kenneth
Besold
Division of Research and Technology
Department of Environmental Protection
Release at the end of the working test period
Ernest
Olaga
Greystone Park Psychiatric Hospital
Department of Human Services
Removal
Karen
Saunders
Division of Youth and Family Services
Department of Human Services
Suspension
ACTION:
The Merit System Board acknowledged the settlements.
B-70
MERIT SYSTEM BOARD MINUTES
The Merit
System Board Minutes for the meeting of October 23, 2002 are submitted
for adoption.
ACTION:
The Merit System Board adopted the minutes of its meeting of October 23,
2002.
VOTE: Ida L. Castro (Abstained)
Josephine DiRienzo (Yes)
Robert J. Long (Yes)
B-71
JOHN NEWTON
John Newton,
an Official Court Reporter with the Judiciary, appeals the denial of sick
leave injury (SLI) benefits.
ACTION:
The Merit System Board directed that this appeal be denied.
B-72
JOYCE ANDREWS
Joyce Andrews,
a Security Officer with Rowan University, appeals the determination of
the President of Rowan University, which indicated 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-73
JAYANTHI BASSAVANHALLY, ET AL.
Jayanthi
Basavanhally, Judith Bayard, William Brown, Richard Burgos, Richard Gunoskey,
Kenneth Kahora, Leonard Lipman, Stephen Myers, John Ruhl, Jeffrey Spera,
Ward Ingersoll, Renee Wright, and Theodore Zagorski appeal their scores
on the promotional examination for Hazardous Site Mitigation Specialist
2 (PS3355G), Department of Environmental Protection.
ACTION:
The Merit System Board directed that these appeals be granted in part.
B-74
MARGARET BENDORF
Margaret
Bendorf appeals the determination of the Division of Selection Services,
which found that she did not meet the education and experience requirements
for the open competitive examination for Social Worker, Aging (C1696C),
Camden County.
ACTION:
The Merit System Board directed that this appeal be denied.
B-75
DIANE PATTERSON
Diane Patterson
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 Technical
Support Specialist 2 (PS0568K), Division of Family Development.
ACTION:
The Merit System Board directed that this appeal be denied.
B-76
ANDREW DILLMAN, ET AL.
Andrew
Dillman, Michael Flite, William Hadsell, Jill McKenzie, Donna Plummer
and David Rubin appeal their scores on the promotional examination for
Hazardous Site Mitigation Specialist 1 (PS2858G), Department of Environmental
Protection.
ACTION:
The Merit System Board directed that these appeals be granted in part.
B-77
JOHN VOORHEES
John Voorhees
appeals the determination of the Division of Selection Services, which
found that per the substitution clause for education, he did not meet
the experience requirement for the promotional examination for Administrative
Analyst 3 (Procurement) (PS3413H), Department of Health and Senior Services.
ACTION:
The Merit System Board directed that this appeal be granted.
B-78
KAREN COLE, ET AL.
Karen Cole,
Ann Roberts and Elizabeth Wheeler appeal the test administration for the
promotional examination for Technical Assistant 1, Treasury (PS5096U),
Department of the Treasury.
ACTION:
The Merit System Board directed that these appeals be denied.
B-79
CARMEN CARTER
Carmen
Carter, a Correction Officer Recruit with the Garden State Reception and
Youth Correctional Facility, Department of Corrections, represented by
Scott D. Liebling, Esq., appeals the denial of sick leave injury (SLI)
benefits.
ACTION:
The Merit System Board directed that this appeal be granted.
B-80
MICHAEL COMPTON
Michael
Compton, a Plumber and Steamfitter with Woodbridge Developmental Center,
Department of Human Services, represented by Thomas W. Barlow, Esq., appeals
the denial of sick leave injury (SLI) benefits.
ACTION:
The Merit System Board directed that this appeal be granted.
B-81
ANDREA GRILLI
Andrea
Grilli appeals the determination of the Division of Selection Services,
which found that she did not meet the education and experience requirements
for the Graphic Artist 1 (C6392C), Ocean County open competitive examination.
ACTION:
The Merit System Board directed that this appeal be denied.
B-82
MANAGER 4, NATRUAL RESOURCES, FISHERIES AND
MANAGER 4, NATURAL RESOURCES, WILDLIFE
The Acting
Director, Division of Human Resource Management, requests that the provisions
of N.J.A.C. 4A:4-7.6, lateral title change criteria, be relaxed in order
to allow employees in seven managerial titles to move laterally into the
new Manager 4, Natural Resources Fisheries and Manager 4, Natural Resources,
Wildlife titles.
ACTION:
The Merit System Board granted the request.
There being
no further business before the Merit System Board, the meeting was adjourned
to convene on Wednesday, November 20, 2002, at 10:00 a.m., at 3 Station
Plaza, Trenton, New Jersey.
__________________________________
IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD