Ida
L. Castro, Chairwoman
Josephine DiRienzo
Margaret E.L. Howard
Robert J. Long
A regular meeting of the Merit System Board was held on Wednesday, April
9, 2003, in Trenton, New Jersey.
PRESENT:
Chairwoman Ida L. Castro, Merit System Board members, Josephine DiRienzo,
Margaret E. L. Howard and Robert Long; Elizabeth Laufer, 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 December
2, 2003, and posted at the Department of Personnel, 3 Station Plaza, Trenton,
New Jersey.
All actions were by unanimous vote unless otherwise specified.
SECTION
A - HEARING MATTERS
A-1
SETTLEMENTS
In the Matter of Christopher Bayard
City of Camden
Police Department
Suspensions (2)
In the Matter of Timothy Bethea
County of Mercer
Department of Public Safety
Removal
In the Matter of Kevin Broadbent
County of Mercer
Department of Public Safety
Release at the end of the working test period
In the Matter of David Butler
Township of Lawrence
Department of Public Works
Removal
In the Matter of Jamie L. Cervini
Vineland Developmental Center
Department of Human Services
Removal
In the Matter of Tracie Irvin
City of Newark School District
Suspension
In the Matter of Tracie Irvin
City of Newark School District
Suspension
In the Matter of Darris Johnson
Northern State Prison
Department of Corrections
Suspension
In the Matter of Donald Lomax
New Lisbon Developmental Center
Department of Human Services
Removal
In the Matter of Daniel Love
Woodbine Developmental Center
Department of Human Services
Removal
In the Matter of Richard Trower
County of Union
Department of Public Safety
Removal
In the Matter of Frankie Walls
City of Newark School District
Suspension
RECOMMENDATION
OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements.
A-2
CHERYL HALE
Cheryl Hale, Identification Officer, City of Newark, Police Department,
30-day suspension on the charge of chronic absenteeism and removal effective
October 22, 1996, on charges of violations of Police Department rules
regarding, inter alia, absence without leave and obedience to orders.
Recommendation of the Administrative Law Judge - Uphold the removal. It
is noted that the ALJ failed to make a determination regarding the 30-day
suspension.
ACTION:
The Merit System Board affirmed the recommendation of the Administrative
Law Judge.
A-3
TONY HOLLY
Tony Holly, Building Maintenance Worker, County of Hudson, Department
of Public Resources, 30-day suspension on charges of conduct unbecoming
a public employee, discrimination that affects equal employment opportunities
including sexual harassment, neglect of duty, incompetence, inefficiency
or failure to perform duties and insubordination.
Recommendation of the Administrative Law Judge - Modify the 30-day suspension
to a ten-day suspension.
ACTION:
The Merit System Board affirmed the recommendation of the Administrative
Law Judge.
A-4
KATHLEEN SISTI
Kathleen Sisti, Police Officer, Township of Aberdeen, Department of Public
Safety, 60-day suspension on charges of incompetency, inefficiency, or
failure to perform duties, insubordination, conduct unbecoming a public
employee, neglect of duty, misuse of public property, including motor
vehicle, and violations of general rules and regulations.
Recommendation of the Administrative Law Judge - Reverse the 60-day suspension.
ACTION:
The Merit System Board affirmed the recommendation of the Administrative
Law Judge.
A-5
FRANK WEST
Frank West, Security Guard, City of Newark School District, 27-day suspension
on charges of chronic or excessive absenteeism or lateness, conduct unbecoming
a public employee, neglect of duty and other sufficient cause.
Recommendation of the Administrative Law Judge - Uphold the 27-day suspension.
ACTION:
The Merit System Board affirmed the recommendation of the Administrative
Law Judge.
A-6
VALERIE EALY
Valerie Ealy, Principal Clerk Typist, Department of Law and Public Safety,
removal effective July 2, 1999. It is noted that the appointing authority
did not serve the appellant with a Preliminary or Final Notice of discipline
setting forth the charges.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION:
The Merit System Board affirmed the recommendation of the Administrative
Law Judge.
A-7
ANTHONY KING
Anthony King, County Correction Officer, County of Mercer, Department
of Public Safety, removal effective March 5, 2002, on charges of neglect
of duty, sleeping while on duty, falsification, violation of a regulation,
policy, procedure, and 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-8
LEONARD MCCOOK
Leonard McCook, Cottage Training Technician, New Lisbon Developmental
Center, Department of Human Services, removal effective February 7, 2002,
on charges of neglect of duty, loafing, idleness or willful failure to
devote attention to task which could result in dangers to persons or property
and falsification.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION:
The Merit System Board affirmed the recommendation of the Administrative
Law Judge.
A-9
EUGENE O'BRIEN
Eugene O'Brien, Administrative Analyst, County of Ocean, Health Department,
removal effective July 31, 1998 and resignation not in good standing on
charges of failure to perform duties, insubordination, conduct unbecoming
a public employee, neglect of duty and misuse of public property.
Recommendation of the Administrative Law Judge - Dismiss the appeal as
moot.
ACTION:
The Merit System Board reversed the removal and the resignation not in
good standing and recorded the separation as a resignation in good standing
with an agreement the appellant is not to seek public employment again.
A-10
IVAN ROACH
Ivan Roach, Auto Mechanic, Division of Human Resources, Department of
Transportation, removal effective July 27, 2001, on charges of two counts
of other sufficient cause: theft by deception.
Recommendation of the Administrative Law Judge -Uphold the removal.
ACTION:
The Merit System Board affirmed the recommendation of the Administrative
Law Judge.
A-11
JOSEPHUS NYEMA (SETTLEMENT)
Josephus Nyema, County Correction Officer, County of Mercer, Department
of Public Safety, 60-day suspension on charges of failure/delay in carrying
out an order, falsification, insubordination, violations of rules and
conduct unbecoming a public employee. Settled to a 40-day suspension and
reimbursement of 20 days' compensation time.
Recommendation of the Administrative Law Judge - Acknowledge the settlement.
ACTION:
The Merit System Board acknowledged the settlement.
A-12
JAMIELYN ROSSBACH (SETTLEMENT)
Jamielyn Rossbach, County Correction Officer, County of Monmouth, Sheriff's
Department, removal effective June 26, 2001, on the charge of inability
to perform duties. Settled to reinstatement effective October 15, 2002
and reimbursement for medical expenses up to $10,000. This matter was
presented to the Merit System Board at its meeting of February 26, 2003
but was held over for clarification.
ACTION:
The Merit System Board acknowledged the settlement as clarified.
SECTION
B - MISCELLANEOUS MATTERS
B-1
JAMES C. JACKSON
James C. Jackson appeals his rejection as a Correction Officer Recruit
candidate by the Department of Corrections and its request to remove his
name from the eligible list for Correction Officer Recruit on the basis
of psychological unfitness to perform effectively the duties of the position.
ACTION:
The Merit System Board directed that this appeal be denied.
B-2
JOSEPH RIOTTO
Joseph Riotto, represented by Vincenza Leonelli-Spina, Esq., appeals his
rejection as a Police Officer candidate by the City of Hackensack and
its request to remove his name from the eligible list for Police Officer
on the basis of psychological unfitness to perform effectively the duties
to the position.
ACTION:
The Merit System Board directed that this appeal be denied.
B-3
PAWEL WOJTOWICZ
Pawel Wojtowicz, represented by Sidney H. Lehmann, Esq., appeals his rejection
as a Police Officer candidate by the City of Jersey City and its request
to remove his name from the eligible list for Police Officer 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-4
ANNA MAE CLATTENBURG
Anna Mae Clattenburg, a Principal Clerk Typist with the Department of
the Treasury, appeals the denial of sick leave injury (SLI) benefits.
ACTION:
The Merit System Board directed that this appeal be denied.
B-5
BARRY DAY
Barry Day, a Senior Correction Officer with 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.
B-6
PATRICIA A. DIFONZO
Patricia A. DiFonzo, a Secretarial Assistant 2 with the Office of the
Public Defender, appeals the denial of sick leave injury (SLI) benefits.
ACTION:
The Merit System Board directed that this appeal be granted.
B-7
KATHLEEN FULLWOOD
Kathleen Fullwood, 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-8
HELEN GROVER
Helen Grover, a Secretarial Assistant 1 with the Department of Environmental
Protection (DEP), appeals the denial of sick leave injury (SLI) benefits.
ACTION:
The Merit System Board directed that this appeal be denied.
B-9
TRACY HARRIS (ZAMBRANA)
Tracy Harris (Zambrana), a Senior Correction Officer at Southern State
Correctional Facility, 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-10
KIM ROSE
Kim Rose, a Human Services Technician with the Senator Garrett W. Hagedorn
Psychiatric Hospital, Department of Human Services, appeals the denial
of sick leave injury (SLI) benefits.
ACTION:
The Merit System Board directed that this appeal be denied.
B-11
FRED SIENA
Fred Siena, a Senior Correction Officer with South Woods 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 granted.
B-12
WANDA TAYLOR
Wanda Taylor, a Human Services Technician with Ancora Psychiatric Hospital,
Department of Human Services, appeals the denial of sick leave injury
(SLI) benefits.
ACTION:
The Merit System Board directed that this appeal be granted in part.
B-13
ROSEMARY TUTHILL
Rosemary Tuthill, a Technical Assistant 1 (Treasury) with the Department
of the Treasury, appeals the denial of sick leave injury (SLI) benefits.
ACTION:
The Merit System Board directed that this appeal be denied.
B-14
RICHARD CARUCCI, JR.
Richard Carucci, Jr. 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 (M2037A),
City of Hackensack, for failure to meet the age requirement for the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-15
TERRI GIBSON
Terri Gibson appeals the decision of Human Resource Information Services
(HRIS), which removed her name from the eligible list for Correction Officer
Recruit (S9999D), Department of Corrections on the basis of an unsatisfactory
criminal background.
ACTION:
The Merit System Board directed that this appeal be denied.
B-16
RONALD M. JENKINS
Ronald M. Jenkins, represented by Fredric L. Bor, Esq., appeals the decision
of Human Resource Information Services, which found that the Department
of Corrections had presented a sufficient basis to remove his name from
the Correction Officer Recruit (S9999B) eligible list, due to an unsatisfactory
criminal record.
ACTION:
The Merit System Board directed that this appeal be granted.
B-17
DICKIE LAM
Dickie Lam appeals the removal of his name from the eligible list for
Police Officer (S9999B), Burlington Township, on the basis of his failure
to meet the residency requirement and for an unsatisfactory background
report.
ACTION:
The Merit System Board directed that this appeal be denied.
B-18
YVETTE MITCHELL
Yvette Mitchell appeals the decision of Human Resource Information Services,
which removed her name from the Head Nurse, 12 months (S9169D), Department
of Human Services, eligible list, due to her failure to complete the preemployment
process.
ACTION:
The Merit System Board directed that this appeal be granted.
B-19
JOSE RIVERA
Jose Rivera, represented by Mark Cimino, 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 Police Officer
(S9999B), City of Camden eligible list, on the basis of an unsatisfactory
driving record.
ACTION:
The Merit System Board directed that this appeal be granted.
B-20
SANTA TYSON
Santa Tyson, a Senior Correction Officer with Albert C. Wagner Youth Correctional
Facility, Department of Corrections (DOC), appeals the determination of
the Director of Equal Employment Division (EED) 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 remanded this matter to the Department of Corrections
for further investigation.
B-21
JOHNNY WALKER
Johnny Walker, a former Laborer with the City of Newark, requests a hearing
regarding the release at the end of the working test period, effective
October 8, 1999.
ACTION:
The Merit System Board denied the request.
B-22
SALVATORE BIONDO
Salvatore Biondo, a former Cook with the Passaic County Sheriff's Department,
represented by James V. Segreto, Esq., appeals the change of his title
to Security Guard and the reduction of his salary effective June 17, 2002.
ACTION:
The Merit System Board granted a hearing.
B-23
JEFFREY S. KATZ
Jeffrey S. Katz, an Assistant Deputy Public Defender 1 with the Office
of the Public Defender, represented by Sharon H. Moore, Esq., requests
Merit System Board review of his salary upon his appointment effective
June 16, 2001.
ACTION:
The Merit System Board directed that this appeal be denied.
B-24
GILBERT SNYDER
David Edsall, an Assistant Superintendent of Weights and Measures with
Sussex County, represented by Bruce D. Leder, Esq., appeals the decision
of Human Resource Management which found that Gilbert Snyder was performing
the duties of a Confidential Assistant on a part-time basis and the duties
of the Superintendent of Weights and Measures, also on a part-time basis,
with Sussex County.
ACTION:
The Merit System Board directed that this matter be held over.
B-25
JOSEPH HORNICK
The City of Long Branch, represented by Eric M. Bernstein, Esq., petitions
the Merit System Board for a stay of its decision in In the Matter of
Joseph Hornick (MSB, decided January 29, 2003), granting appellant back
pay and benefits, pending its appeal to the Appellate Division of the
Superior Court of New Jersey.
ACTION:
The Merit System Board denied the request.
B-26
RASHID ABDUNAFI
Rashid Abdunafi, a Senior Correction Officer with East Jersey State Prison,
Department of Corrections (DOC), represented by Henry J. Cistrelli, Esq.,
petitions the Merit System Board (Board) for reconsideration of that part
of the final administrative decision, decided July 31, 2002, in which
the Board granted his request for sick leave injury (SLI) benefits, but
limited those benefits to one year from the date of injury.
ACTION:
The Merit System Board denied the request.
B-27
CHERYL ANDREW-PAYSINGER
Cheryl Andrews-Paysinger, a Technical Program Assistant with the Department
of Personnel, petitions the Merit System Board for reconsideration of
the final administrative decision, rendered on January 29, 2002, in which
the Board denied her discrimination appeal.
ACTION:
The Merit System Board denied the request.
| VOTE:
|
Ida
L. Castro |
(Abstained) |
|
Josephine
DiRienzo |
(Yes) |
|
Margaret
E. L. Howard |
(Yes) |
|
Robert
J. Long |
(Yes) |
B-28
MICHELLE KINSEY
Michelle Kinsey petitions the Merit System Board for reconsideration of
the final administrative decision, rendered December 18, 2002, which upheld
the removal of her name from the County Correction Recruit (S9999B), Department
of Corrections (DOC) eligible list on the basis of an unsatisfactory criminal
history and the removal of her name from the County Correction Officer
(S9999A and S9999B), Middlesex County eligible lists on the basis of the
falsification of her employment application.
ACTION:
The Merit System Board denied the request.
B-29
NASEEM A. MUHAMMAD
Naseem A. Muhammad, a former Police Officer with the City of Passaic petitions
the Merit System Board for reconsideration of the final administrative
decision rendered September 25, 2002, which upheld his removal effective
November 4, 1999, on charges of, inter alia, conduct unbecoming a public
employee and violating various Police Department rules.
ACTION:
The Merit System Board denied the request.
B-30
RAFFAELLE SPADAVECCHIA
Raffaelle Spadavecchia a former Police Officer with the City of Hoboken,
represented by Brian J. Neary, Esq., petitions the Merit System Board
(Board) for reconsideration of the final administrative determination,
rendered December 12, 2002, by the Director of Merit System Practices
and Labor Relations, denying his request for a hearing concerning the
appeal of his removal effective July 10, 2002, due to the untimely filing
of his appeal.
ACTION:
The Merit System Board denied the request.
B-31
BENITA CISROW
The appeal of Benita Cisrow, a Senior Correction Officer with South Woods
State Prison, Department of Corrections, of her removal effective August
16, 2000, on charges, was heard by Administrative Law Judge John R. Tassini
(ALJ), who rendered his initial decision on December 23, 2002. At its
meeting on March 13, 2002, the Merit System Board adopted the ALJ's recommendation
to reverse the removal. The proposed decision is now submitted for the
Board's review.
ACTION:
The Merit System Board adopted the final decision.
| VOTE:
|
Ida
L. Castro |
(Yes) |
|
Josephine
DiRienzo |
(Yes) |
|
Margaret
E. L. Howard |
(Yes) |
|
Robert
J. Long |
(Abstained) |
B-32
PATRICIA EVERINGHAM
The appeal of Patricia Everingham, a Secretarial Assistant with Monroe
Township of her removal, effective April 25, 2001, on charges, was heard
by Administrative Law Judge Douglas H. Hurd (ALJ), who rendered his initial
decision on October 29, 2002. At its meeting on March 13, 2002, the Merit
System Board did not adopt the ALJ's recommendation to uphold the appellant's
removal. Rather, the Board modified the removal to a 30-day suspension.
The proposed decision is now submitted for the Board's review.
ACTION:
The Merit System Board adopted the final decision.
| VOTE:
|
Ida
L. Castro |
(Yes) |
|
Josephine
DiRienzo |
(Yes) |
|
Margaret
E. L. Howard |
(Yes) |
|
Robert
J. Long |
(Abstained) |
B-33
ZACHARY ODUMES
Zachary Odumes, a Senior Correction Officer with East Jersey State Prison,
Department of Corrections, appeals his ten-day suspension on the charge
of conduct unbecoming an employee. He further appeals his entitlement
to back pay for the period of his indefinite suspension for the underlying
criminal charges. The matter was heard by Administrative Law Judge Carol
I. Cohen (ALJ), who rendered her initial decision on January 27, 2003
granting the appointing authority's reduction of the ten-day suspension
to a five-day suspension. At its meeting on March 13, 2003, the Merit
System Board adopted the ALJ's recommendations. The proposed final decision
is now submitted for the Board's review.
ACTION:
The Merit System Board adopted the final decision.
| VOTE:
|
Ida
L. Castro |
(Yes) |
|
Josephine
DiRienzo |
(Yes) |
|
Margaret
E. L. Howard |
(Yes) |
|
Robert
J. Long |
(Abstained) |
B-34
RENEE VASEY
Renee Vasey, a Support Services Representative 2 with the Division of
Motor Vehicles, Department of Transportation, appeals her release at the
end of her working test period (WTP) on August 21, 2001. This matter was
heard by Administrative Law Judge Steven C. Reback (ALJ), who rendered
his initial decision on December 17, 2002, granting the appointing authority's
motion for summary dismissal of the appeal on the basis that the appellant
failed to meet her burden to prove that her release at the end of her
WTP was premised on bad faith. At its meeting on March 26, 2003, 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-35
CLERK TYPIST, SPECIAL REEMPLOYMENT LIST, EAST ORANGE
The appointing authority's failure to properly dispose of the certification
for Clerk Typist, 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-36
FIRE PREVENTION SPECIALIST, TOWN OF WEST NEW YORK
The appointing authority's failure to properly dispose of the certification
for Fire Prevention Specialist 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-37
SECRETARIAL ASSISTANT, TYPING (PM1936B), NEWARK SCHOOL DISTRICT
The appointing authority's failure to properly dispose of the certification
for Secretarial Assistant, Typing while three 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-38
ALLISON BLAKE
Allison Blake appeals the determination of the Division of Selection Services,
which found that she did not meet the experience requirements for the
promotional examination for Supervisor Standards and Procedures (PS3596K),
Division of Youth and Family Services.
ACTION:
The Merit System Board directed that this appeal be granted.
B-39
PATRICIA COMERFORD
Patricia Comerford appeals the determination of the Division of Selection
Services which found that she did not meet the experience requirements
for the promotional examination for Administrative Analyst 1 (Data Processing)
(PS4677K), Division of Youth and Family Services (DYFS).
ACTION:
The Merit System Board directed that this appeal be denied.
B-40
JEFFREY DIBIASIO
Jeffrey DiBiasio appeals the determination of the Division of Selection
Services which found that the appellant did not meet the experience requirements
for the promotional examination for Administrative Analyst 1 (PS2222K),
Office of the Assistant Commissioner, Department of Human Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-41
ROSS D. FREY
Ross D. Frey appeals the determination of the Division of Selection Services
which found that, per the substitution clause for education, he did not
meet the experience requirements for the promotional examination for Data
Processing Analyst 1 (PS3039H), Department of Health and Senior Services.
ACTION:
The Merit System Board directed that this appeal be granted.
B-42
SHARON GRAHAM
Sharon Graham 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 Office
Automation Specialist 2 (PS0596I), Department of Corrections.
ACTION:
The Merit System Board directed that this appeal be granted.
B-43
LINDA HOLLAND, ET AL.
Linda Holland, Maria McGowan, Margaret Stofik, Mary Sunder, William Wander
and Patricia Warren appeal the determination of the Division of Selection
Services, which found that they did not meet the experience requirements
for the promotional examination for Supervisor Standards and Procedures
(PS3596K), Division of Youth and Family Services.
ACTION:
The Merit System Board directed that these appeals be denied.
B-44
VINCENZA HOPF
Vincenza Hopf 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 Administrative Analyst 3 (PS3486K),
Division of Medical Assistance and Health Services, Department of Human
Services, promotional examination.
ACTION:
The Merit System Board directed that this appeal be denied.
B-45
SUSAN LEACH
Susan Leach appeals the determinations of the Division of Selection Services,
which found that she did not meet the experience requirements for the
promotional examinations for Supervisor Standards and Procedures (PS3596K)
and Principal Standards and Procedures Technician (PS3591K), Division
of Youth and Family Services.
ACTION:
The Merit System Board directed that these appeals be granted.
B-46
TRACY L. LEFKOWICH
Tracy Lefkowich appeals the determination of the Division of Selection
Services which found that, per the substitution clause for education,
she was below the minimum requirements in experience for the promotional
examination for Administrative Analyst 2 (Data Processing) (PS2988U),
Office of Information Technology.
ACTION:
The Merit System Board directed that this appeal be denied.
B-47
JOHN MALASKA
John Malaska appeals the determination of the Division of Selection Services,
which found that he did not meet the experience requirements for the promotional
examination for Supervisor Standards and Procedures (PS3596K), Division
of Youth and Family Services.
ACTION:
The Merit System Board directed that this appeal be granted.
B-48
DANIEL MARTINEZ AND MICHELE SAFRIN
Daniel Martinez and Michele Safrin appeal the determination of the Division
of Selection Services, which found that they did not meet the experience
requirements for the promotional examination for Principal Standards and
Procedures Technician (PS3591K), Division of Youth and Family Services.
ACTION:
The Merit System Board directed that these appeals be denied.
B-49
KENNETH POWERS
Kenneth Powers appeals the determination of the Division of Selection
Services that he did not meet the experience requirements for the promotional
examination for Administrative Analyst 1 (Data Processing) (PS0562K),
Department of Human Services.
ACTION:
The Merit System Board directed that this appeal be denied.
B-50
SUSETTE SABIO-JONES
Susette Sabio-Jones appeals the determination of the Division of Selection
Services, which found that she did not meet the educational requirements
for the promotional examination for Occupational Health Consultant 1 (PS3612N),
Department of Labor.
ACTION:
The Merit System Board directed that this appeal be denied.
B-51
RENE SINGLETON-WILLIAMS
Rene Singleton-Williams appeals the determination of the Division of Selection
Services which found that she did not meet the experience requirements
for the promotional examination for Training Technician (PC0956C), Middlesex
County.
ACTION:
The Merit System Board directed that this appeal be denied.
B-52
ALANA M. WALLBILLICH
Alana M. Wallbillich appeals the determination of the Division of Selection
Services that she did not meet the requirements for the promotional examination
for Administrative Analyst 1, Data Processing (PS1797I), Department of
Corrections.
ACTION:
The Merit System Board directed that this appeal be granted.
B-53
THOMAS ANGUELLA
Thomas Anguella appeals his score for the oral portion of the examination
for Fire Lieutenant (PM3023C), Linden.
ACTION:
The Merit System Board directed that this appeal be denied.
B-54
JEFF BEETLE
Jeff Beetle appeals his score for the oral portion of the examination
for the first level Fire Captain (PM4053C), West Orange.
ACTION:
The Merit System Board directed that this appeal be denied.
B-55
CHRISTOPHER BREUNIG
Christopher Breunig appeals his score for the oral portion of the examination
for the first level Fire Captain (PM4047C), Ocean City.
ACTION:
The Merit System Board directed that this appeal be denied.
B-56
RICHARD BORNSTAD
Richard Bornstad appeals his score for the oral portion of the examination
for Fire Lieutenant (PM3023C), Linden.
ACTION:
The Merit System Board directed that this appeal be denied.
| VOTE:
|
Ida
L. Castro |
(Yes) |
|
Josephine
DiRienzo |
(Yes) |
|
Margaret
E. L. Howard |
(Yes) |
|
Robert
J. Long |
(Abstained) |
B-57
STEVEN COPONI
Steven Coponi appeals his score for the oral portion of the examination
for the first level Fire Captain (PM4053C), West Orange.
ACTION:
The Merit System Board directed that this appeal be denied.
B-58
KIP DANGLER
Kip Dangler appeals his score for the oral portion of the examination
for the first level Fire Captain (PM4053C), West Orange.
ACTION:
The Merit System Board directed that this appeal be denied.
B-59
VITO DIMARCO
Vito DiMarco appeals his score for the oral portion of the examination
for the first level Fire Captain (PM4047C), Ocean City.
ACTION:
The Merit System Board directed that this appeal be denied.
B-60
HAROLD ECKBOLD
Harold Eckbold appeals his score for the oral portion of the examination
for the first level Fire Captain (PM4047C), Ocean City.
ACTION:
The Merit System Board directed that this appeal be denied.
B-61
GEORGE FELLER
George Feller appeals his score for the oral portion of the examination
for the first level Fire Captain (PM4053C), West Orange.
ACTION:
The Merit System Board directed that this appeal be denied.
B-62
MICHAEL HREHA
Michael Hreha appeals his score for the oral portion of the examination
for Fire Lieutenant (PM3023), Linden.
ACTION:
The Merit System Board directed that this appeal be denied.
B-63
EDWIN KOOKER
Edwin Kooker appeals his score for the oral portion of the examination
for the first level Fire Captain (PM0447C), Ocean City.
ACTION:
The Merit System Board directed that this appeal be denied.
B-64
GEORGE KUHN
George Kuhn appeals his score for the oral portion of the examination
for Fire Lieutenant (PM3023C), Linden.
ACTION:
The Merit System Board directed that this appeal be denied.
B-65
FREDERICK LEONARDO
Frederick Leonardo appeals his score for the oral portion of the examination
for the first level Fire Captain (PM4053C), West Orange.
ACTION:
The Merit System Board directed that this appeal be denied.
B-66
ALBERT MARTIN
Albert Martin appeals his score for the oral portion of the examination
for Fire Lieutenant (PM3023C), Linden.
ACTION:
The Merit System Board directed that this appeal be denied.
| VOTE:
|
Ida
L. Castro |
(Yes) |
|
Josephine
DiRienzo |
(Yes) |
|
Margaret
E. L. Howard |
(Yes) |
|
Robert
J. Long |
(Abstained) |
B-67
WILLIAM MCGEE
William McGee appeals his score for the oral portion of the examination
for Fire Captain (PM4053C), West Orange.
ACTION:
The Merit System Board directed that this appeal be denied.
B-68
ANTHONY MIGLIACCIO
Anthony Migliaccio appeals his score for the oral portion of the examination
for the first level Fire Captain (PM4047C), Ocean City.
ACTION:
The Merit System Board directed that this appeal be denied.
B-69
JAMES PHILLIPS
James Phillips appeals his score for the oral portion of the examination
for the first level Fire Captain (PM4053C), West Orange.
ACTION:
The Merit System Board directed that this appeal be denied.
B-70
CLIFFORD SCHLOSSER
Clifford Schlosser appeals his score for the oral portion of the examination
for the first level Fire Captain (PM 4048C), Rahway.
ACTION:
The Merit System Board directed that this appeal be denied.
B-71
THOMAS SHALLCROSS
Thomas Shallcross appeals his score for the oral portion of the examination
for the first level Fire Captain (PM4047C), Ocean City.
ACTION:
The Merit System Board directed that this appeal be denied.
B-72
PATRICK SHARKEY
Patrick Sharkey appeals the correct answer to questions on the promotional
examination for Fire Captain (PM3547D), Mount Laurel Township.
ACTION:
The Merit System Board directed that this appeal be denied.
B-73
JAMES SMITH
James Smith appeals his score for the oral portion of the examination
for the first level Fire Captain (PM4047C), Ocean City.
ACTION:
The Merit System Board directed that this appeal be denied.
B-74
PETER SMITH
Peter Smith appeals his score for the oral portion of the examination
for the first level Fire Captain (PM4053C), West Orange.
ACTION:
The Merit System Board directed that this appeal be denied.
B-75
THOMAS WOLANSKY
Thomas Wolansky appeals his score for the oral portion of the examination
for Fire Lieutenant (PM3026C), Union Township.
ACTION:
The Merit System Board directed that this appeal be denied.
B-76
JEANETTE LETZGUS
Jeanette Letzgus appeals her seniority score for the examination for Senior
Public Safety Telcommunicator (PC1455C), Camden County.
ACTION:
The Merit System Board directed that this appeal be denied.
B-77
LOU ELLEN PETTY
Lou Ellen Petty appeals the administration of the open-competitive examination
for Social Worker (C4027C), Mercer County.
ACTION:
The Merit System Board directed that this appeal be denied.
B78
JEFFREY GORDON
Jeffrey Gordon requests a make-up examination for Fire Fighter (M9999D),
various lists.
ACTION:
The Merit System Board denied the request.
B-79
CHARLES SISTO
Charles Sisto, represented by Steven Varano, Esq., appeals the written
examination for Police Lieutenant (PM2617B), City of Passaic.
ACTION:
The Merit System Board directed that this appeal be denied.
B-80
JUDICIARY CLERK 2
The Director, Division of Human Resource Management, requests that the
Judiciary Clerk 2 title be allocated to the noncompetitive division of
the career service on an interim basis for one complete pay period.
ACTION:
The Merit System Board granted the request.
B-81
KENNETH PENN
Kenneth Penn appeals his score for the oral portion of the examination
for Fire Lieutenant (PM3023C), Linden.
ACTION:
The Merit System Board directed that this appeal be denied.
| VOTE: |
Ida L. Castro |
(Yes) |
|
Josephine DiRienzo |
(Yes) |
|
Margaret E. L. Howard |
(Yes) |
|
Robert J. Long |
(Abstained) |
B-82
MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of March 26, 2003 are submitted
for adoption.
ACTION:
The Merit System Board adopted the minutes of its meeting of March 26,
2003.
B-83
ANTHONY SACCARO AND CHARLES CUTLER
Anthony Saccaro and Charles Cutler petition the Merit System Board (Board)
for enforcement of the decision rendered by the Board in In the Matter
of Anthony Saccaro and Charles Cutler (MSB, decided January 29, 2003),
wherein the Board found that the layoff of Saccaro and Cutler was not
justified, reversed their layoffs and ordered their reinstatement to their
respective positions with appropriate back pay, benefits and seniority
from the date of the layoff to the date of actual reinstatement. Additionally,
the Township of Allamuchy, represented by David Fish, Esq., petitions
the Board for a stay of that decision pending Allamuchy's appeal to the
Superior Court, Appellate Division.
ACTION:
The Merit System Board granted the request for enforcement and denied
the request for a stay.
B-84
WILLIAM J. BRENNAN, ET AL.
In its recent decision, In the Matter of William J. Brennan, (App. Div.
Docket No. A-3104-00T1, decided June 18, 2002), the Superior Court of
New Jersey, Appellate Division (Appellate Division) remanded this matter
to the Merit System Board (Board) for additional proceedings consistent
with its decision in order to permit the Board to develop a full factual
record and to address the issue of whether the applicable civil service
law and regulations permit the certification of a list of eligibles that
is about to expire in order to effectuate appointments and fill vacancies
at a point in time when vacancies are anticipated but do not yet exist.
The Appellate Division did not retain jurisdiction.
ACTION:
The Merit System Board directed that this appeal be granted in part and
denied in part.
B-85
HUNTERDON COUNTY SHERIFF'S OFFICERS EMPLOYMENT AGREEMENTS
Hunterdon County Sheriff's Officers Association, represented by Deborah
V. Trout, President, Fraternal Order of Police Lodge 94, seeks Merit System
Board review of employment agreements requiring Sheriff's Officers to
reimburse the Hunterdon County Sheriff's Office for training costs.
ACTION:
The Merit System Board directed that this appeal be denied.
B-86
EARLY SETTLEMENTS
Corledia
Broome
Woodbine Developmental Center
Department of Human Services
Suspensions (2)
Jose
M. Cruse, III
Woodbine Developmental Center
Department of Human Services
Release at the end of the working test period
Sharon
Daniels
County of Gloucester
Release at the end of the working test period
Joshua
Mastrando
County of Gloucester
Release at the end of the working test period
Lenore
Sutton
City of Plainfield
Release at the end of the working test period
Lester
Wormley
City of Newark School District
Suspension
ACTION:
The Merit System Board acknowledged the settlements.
There being no further business before the Merit System Board, the meeting
was adjourned to convene on Wednesday, April 23, 2003, at 10:00 a.m.,
at 3 Station Plaza, Trenton, New Jersey.
__________________________________
IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD
