[Printable PDF Format]
Robert M. Czech, Chairperson
Robert E. Brenner
Richard E. Williams
MARCH 13, 2014
*******************************************************************
A regular meeting of the Civil Service Commission was held on Thursday, March 13, 2014, in Trenton, New Jersey.
PRESENT: Robert M. Czech, Chairperson, Members Robert E. Brenner and Richard E. Williams; Pamela Ullman, Deputy Attorney General; Henry Maurer, Director, Division of Appeals and Regulatory Affairs.
In accordance with L.1975, c.231, the Secretary to the Civil Service Commission opened the meeting with the following statement:
Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on December 2, 2013, and posted at the Civil Service Commission, 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 Sophonie Bien-Aime
Atlantic County
Department of Human Services
Removal
In the Matter of Brenda Byron
Department of Military and Veterans Affairs
Removal
In the Matter of Joseph Herzberg
Bordentown Township Fire District 2
Removal
In the Matter of Steven J. Hicks
Atlantic County
Office of the Prosecutor
Release at the end of working test period
In the Matter of Conrad Huggins
Jersey City Public School District
Removal
In the Matter of Timothy H. Naji
Atlantic City
Department of Public Works
Suspension
In the Matter of Victoria N. Sharpe
Passaic County Preakness Healthcare Center
Removal
In the Matter of Alida Thomas
Middlesex County
Department of Adult Corrections
Suspension
In the Matter of Mary Torrey
Verona Public Library
Release at the end of working test period
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENTS
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 KATHLEEN CARR
Kathleen Carr, Personnel Assistant 1, Trenton Psychiatric Hospital, Department of Human Services, 20 working day suspension and demotion to the position of Personnel Assistant 2, on charges of incompetency, inefficiency or failure to perform duties, insubordination, conduct unbecoming a public employee, neglect of duty, other sufficient cause, falsification, violation of a rule, regulation, policy, procedure, order or administrative decision and intentional abuse or misuse of authority or position.
Recommendation of the Administrative Law Judge - Uphold the 20 working day suspension and demotion to the position of Personnel Assistant 2.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-3 KATHLEEN CARR
Kathleen Carr, Personnel Assistant 1, Trenton Psychiatric Hospital, Department of Human Services, removal effective August 5, 2011, on charges of failure or excessive delay in carrying out orders which did not result in danger to persons, insubordination, conduct unbecoming a public employee, other sufficient cause and divulging confidential information without proper authority.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-4 DAWN DEAN
Dawn Dean, County Correction Officer, Mercer County, Department of Corrections, 10 working day suspension, on charges of conduct unbecoming a public employee, other sufficient cause, violation of a rule, regulation, policy, procedure, order or administrative decision and insubordination.
Recommendation of the Administrative Law Judge - Uphold the 10 working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-5 ZINA HUGER
Zina Huger, Human Services Specialist 2, Burlington County, Board of Social Services, removal effective December 14, 2012, on charges of incompetency, chronic or excessive absenteeism or lateness, and other sufficient cause.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-6 SHAQUAYA LANE (REMAND)
Shaquaya Lane, Senior Building Maintenance Worker, Trenton Psychiatric Hospital, Department of Human Services, removal and resignation not in good standing, effective March 4, 2011, on charges of unreasonable excuse for lateness more than 15 minutes, chronic lateness, conduct unbecoming a public employee, and other sufficient cause.
Recommendation of the Administrative Law Judge - Reverse the resignation not in good standing and uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-7 DENISE WORTHY
Denise Worthy, Registrar Vital Statistics, Atlantic City, demotion to the position of Clerk Typist effective April 26, 2010, on charges of failure to perform duties, insubordination, inability to perform duties, conduct unbecoming a public employee, and other sufficient cause.
Recommendation of the Administrative Law Judge - Demotion to the position of Principal Clerk Typist and award differential back pay.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
SECTION B - MISCELLANEOUS MATTERS
B-1 LUKASZ KULIS
Lukasz Kulis, represented by Wieslaw S. Krajewski, Esq., appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit (S9999K) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this matter be referred for independent evaluation.
B-2 ANTONIO F. TAMBORRA
Antonio F. Tamborra, represented by Alex W. Klein, Esq., appeals his rejection as a Fire Fighter candidate by the City of Hoboken and its request to remove his name from the eligible list for Fire Fighter (M2537M) on the basis of medical unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this appeal be
B-3 DAVID HOPKINS
David Hopkins, represented by Christopher A. Gray, Esq., seeks resolution of a dispute concerning back pay, benefits, and counsel fees arising from the decision of the Civil Service Commission, In the Matter of David Hopkins (CSC, decided June 1, 2011), which reversed his removal as a County Correction Sergeant with Mercer County.
ACTION: The Civil Service Commission directed that this request be granted in part.
B-4 ANIFATU KARGBO
Anifatu Kargbo, a former Practical Nurse with the Ancora Psychiatric Hospital, Department of Human Services, represented by William B. Hildebrand, Esq., petitions the Civil Service Commission for enforcement of the June 13, 2013 decision which ordered her reinstatement, back pay, benefits, seniority, and counsel fees.
ACTION: The Civil Service Commission directed that this request be denied.
B-5 MONICA BROCK
Monica Brock, a Public Safety Telecommunicator/Clerk 3 with Atlantic City, requests a retroactive appointment date based on a correction of her eligibility status for the examination for Public Safety Telecommunicator/Clerk 3 (PM0569P), Atlantic City.
ACTION: The Civil Service Commission directed that this request be denied.
B-6 JOHN CRESCIO
The City of Asbury Park seeks acknowledgement of the settlement agreement which provides John Crescio with a retroactive appointment to the title of Police Lieutenant, effective September 30, 2011.
ACTION: The Civil Service Commission directed that this request be granted.
B-7 ROBERT MCKANE
Robert McKane, a Sub-Code Official with the Department of Community Affairs, appeals the denial of his November 15, 2012 grievance requesting additional compensation and a promotion to offset the cost associated with the appointing authority's denial of his request for use of a State vehicle.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-8 LUCY VASQUEZ
The Paterson Housing Authority and Lucy Vasquez, represented by Seth Gollin, New Jersey Council 52, AFSCME, request that Ms. Vasquez's work experience with Paterson be accepted to qualify her for a prospective examination for Program Monitor.
ACTION: The Civil Service Commission directed that this request be granted.
B-9 KEYONNA ELEY
Keyonna Eley appeals the removal of her name from the Correction Officer Recruit (S9999K), Department of Corrections, eligible list on the basis of falsification and unsatisfactory criminal record.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-10 EVELYN MONTONE
Evelyn Montone appeals the determination of the Division of Classification and Personnel Management upholding the removal of her name from the special reemployment list for Practical Nurse, Trenton Psychiatric Hospital, on the basis of not appearing for an interview.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-11 RUTH JOAN BECK
Ruth Joan Beck appeals the decision of the Division of Classification and Personnel Management which found that her position with the Richard Stockton College is properly classified as Education Program Assistant 1. The appellant seeks a Professional Services Specialist 4, Administrative Services job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-12 JOSEPH BENNETT
Joseph Bennett appeals the decision of the Division of Classification and Personnel Management which found that his position with the Department of Environmental Protection is properly classified as Assistant Regional Forester. The appellant seeks a Regional Forester job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-13 GEORGE BLYSKUN
George Blyskun appeals the decision of the Division of Classification and Personnel Management which found that his position with the Department of Environmental Protection is properly classified as Principal Geologist, Environmental Protection. The appellant seeks a Research Scientist 2 job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-14 EDWARD BURT
Edward Burt appeals the decision of the Division of Classification and Personnel Management which found that his position with the Department of Environmental Protection is properly classified as Channel Marker/Boat Attendant. The appellant seeks a Captain, State Boat job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-15 SEAN HENDRICKS
Sean Hendricks appeals the determination of the former Division of State and Local Operations that his position with the Department of Labor and Workforce Development is properly classified as a Business Representative 2. The appellant seeks a Business Representative 1 job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-16 SHIRLINE LYNCH
Shirline Lynch appeals the decision of the Division of Classification and Personnel Management which found that her position with the Administrative Office of the Courts is properly classified as Judiciary Clerk 4. The appellant seeks an Administrative Specialist 2 job classification.
ACTION: The Civil Service Commission directed that this matter be held over for further review.
B-17 EILEEN MONAHAN
Eileen Monahan appeals the decision of the Division of Classification and personnel Management which found that her position with the Department of Labor and Workforce Development is properly classified as Secretarial Assistant 1. The appellant seeks an Administrative Assistant 2 job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-18 DOROTHY TEEL
Dorothy Teel appeals the determination of the Division of Classification and Personnel Management that her position with the Department of the Treasury is properly classified as a Pensions Benefits Specialist 1. The appellant seeks a Supervising Pensions Benefits Specialist job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-19 JAMES WAGONER
James Wagoner appeals the decision of the Division of Classification and Personnel Management which found that his position with the Department of Banking and Insurance is properly classified as Financial Examiner 1. The appellant seeks a Financial Examiner 3 job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-20 ANDRE WILLIAMS
Andre Williams appeals the determination of the Division of Classification and Personnel Management that his position with the Department of Labor and Workforce Development is properly classified as an Administrative Analyst 2, Data Processing. The appellant seeks an Administrative Analyst 1, Data Processing job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-21 G. P.
G. P., a Technical Support Specialist 1 with the Department of Community Affairs, appeals the determination of the Commissioner, which found that the appellant failed to support a finding that he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace (State Policy).
ACTION: The Civil Service Commission directed that this appeal be denied.
B-22 G. R.
G. R., a former Recruit with the Division of State Police, Department of Law and Public Safety, appeals the determination of the Counsel to the Attorney General, 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 in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-23 POLICE SERGEANT PROMOTIONAL EXAMINATION 2013
Labeeb Abdullah, Portia Allen, Mark Armstead, Niecole Ashbey-Sattaur, Barry Baker, Jeffrey Bouie, Kyle Bowman, Lawrence Brown Jr., Darryl Cheeks, Michael Clegg, Debra Cole-Granger, Daren Coley, Racheda Conyers, Edwin Cooper, Timothy Danzey, Bernard Davis, Elliott DeLoach Jr., Gene Etchison, Shukirra Ferguson, Alfreddy Fletcher, Richard Flounoy, Arthur Frazier, Rajhan Gordon, Deidre Gully, George Hines, Levi Holmes, II, Bernadette Holmes, Danny Johnson, Tammie King, Tanetta Manderville, Douglas Marshall, Louis Medina, Robert Moore, Tyrone Morton, September Phillips, Stacy Pickett, Anthony Roberts Jr., Janell Robinson, Eric Rollack, Renay Shiggs, Lucinda Simmons, Tyrone Singletary, Ercelle Spellman, Derek Spencer, Russell Thomas, Richard Warren, II, Anthony Williams, Kiva Williams, Wyhidi Wilson, and Kevin Wright (PM5107M), Newark, represented by Levi Holmes, II, President, Newark Bronze Shields; Joseph Careccio (PM5158N), Teaneck; Alexander Castellon (PM0618N), Passaic; David Cavagnaro Jr., (PM5165N), Vineland; Michael Gray (PM5110M), Ocean City; Kenneth Kuzicki (PM5124M), Vernon; and Michael Scarpa (PM5120N), Jersey City; appeal the lack of adequate notice for the promotional examinations for Police Sergeant (various jurisdictions).
ACTION: The Civil Service Commission directed that these appeals be denied.
B-24 SHANITA ALVAREZ
Shanita Alvarez requests reconsideration of the decision rendered on December 18, 2013, which upheld the determination of the Division of Selection Services that she was not eligible for the promotional examination for Supervising Family Service Specialist 2 (PS6696K), Department of Children and Families, because she was not employed in the announced unit scope.
ACTION: The Civil Service Commission directed that this request be denied.
B-25 SUSAN FITZPATRICK
Gaye Palmer, Staff Representative, CWA Local 1033, on behalf of Susan Fitzpatrick, Department of Law and Public Safety, requests reconsideration of the final administrative decision rendered on April 17, 2013, upholding the determination that the proper classification of Fitzpatrick's position is Senior Clerk Typist.
ACTION: The Civil Service Commission directed that this request be denied.
B-26 DANIEL KAZMIERCZAK
Daniel Kazmierczak requests reconsideration of the decision In the Matter of Daniel Kazmierczak (S9999M), Teaneck rendered on October 2, 2013 by the Civil Service Commission which found the petitioner to be psychologically unfit for a position as a Police Officer (S9999M), Township of Teaneck.
ACTION: The Civil Service Commission directed that this petition be denied.
B-27 JAMIE MORRIS
Jamie Morris petitions the Civil Service Commission for reconsideration of the decision rendered on September 18, 2013, which denied her appeal regarding her ineligibility for the promotional examination for Classification Officer 1 (PS5033I), Department of Corrections.
ACTION: The Civil Service Commission directed that this request be denied.
B-28 SHERIFF'S OFFICER LIEUTENANT (PC1221P), BERGEN COUNTY
The Bergen County Sheriff requests reconsideration of the final administrative determination in In the Matter of Sheriff's Officer Lieutenant (PC1221P), Bergen County (CSC, decided April 17, 2013).
ACTION: The Civil Service Commission directed that this request be denied.
B-29 JOHN TRACY
John Tracy, represented by Alex Klein, Esq., petitions the Civil Service Commission for reconsideration of the remedies provided in its final decision, rendered on December 18, 2013, which restored his name to the Fire Fighter (M2377H), Newark eligible list.
ACTION: The Civil Service Commission directed that this request be denied.
B-30 STANLEY BAKER
Stanley Baker appeals the validity of the promotional examination for Principal Parole Counselor SPB (PS4623I), State Parole Board.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-31 RONALD BARBER
Ronald Barber appeals the determination of the Division of Selection Services that he did not meet the requirements for the promotional examination for Assistant Supervisor of Professional Residential Services, Developmental Disabilities (PS8093K), Department of Human Services.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-32 BRETT BAUMAN
Brett Bauman appeals the determination of the Division of Selection Services that found that he did not meet the experience requirements for the promotional examination for Senior Repairer (PS1736K), Department of Children and Families.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-33 DANIELA BORN
Daniela Born appeals the decision of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Education Program Assistant 1, (PS0526J), Richard Stockton College of New Jersey.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-34 KATHY CANTWELL
Kathy Cantwell appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Administrative Secretary (PM0812P), East Orange.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-35 DAN CASSIDY AND ALEXANDER SOLANIK, JR.
Dan Cassidy and Alexander Solanik, Jr., appeal the determinations of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Executive Assistant 2 (PS0518I), South Woods State Prison.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-36 JAMES COMEGNO
James Comego requests a make-up examination for the open competitive examination for Entry Law Enforcement Examination (S9999R), Statewide.
ACTION: The Civil Service Commission directed that this request be granted.
B-37 ANTHONY COX, SR.
Anthony Cox, Sr. appeals the decision of the Division of Selection Services which found that the examination for Chief Field Representative Property Improvement (PM1774R), Atlantic City does not represent a promotion.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-38 JAMES DOLAN
James Dolan appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the examination for Assistant Director, Fiscal and Management Operations (PS7545K), Department of Children and Families.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-39 PATRICK DONNELLY
Patrick Donnelly appeals the determination of the Division of Selection Services that he was below the minimum requirements in experience for the open competitive examination for Safety Officer, Mental Health (C0577R), Hudson County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-40 AHMED ELBELKASI
Ahmed Elbelkasi requests a make-up examination for the open competitive examination for Correction Officer Recruit (S9988R), Statewide.
ACTION: The Civil Service Commission directed that this request be denied.
B-41 KENNETH ISKY
Kenneth Isky appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the examination for Assistant Director, Fiscal and Management Operations (PS7545K), Department of Children and Families.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-42 KAM LO N. SI
Kam Lo N. Si appeals the determination of the Division of Selection Services that he was below the minimum requirements in experience for a prospective promotional examination to the title of Executive Assistant 2, Department of Environmental Protection.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-43 SANDY MAZYCK AND DAWN STOUT
Sandy Mazyck and Dawn Stout appeal the denial of their requests for make-up examinations for Family Service Specialist 1 (PS3420K) and Family Service Specialist 1, Bilingual in Spanish and English (PS3421K), Department of Children and Families, respectively.
ACTION: The Civil Service Commission directed that these appeals be granted.
B-44 BRIAN O'NEILL
Brian O'Neill appeals the determination of the Division of Selection Services that he did not meet the experience requirement for the promotional examination for Engineer in Charge of Maintenance 1 (PS15331I), Edna Mahan Correctional Facility for Women, Department of Corrections. Additionally, the appellant appeals the removal of his name from the Assistant Engineer in Charge of Maintenance 2 (PS1586I), Northern State Prison, Department of Corrections eligible list on the basis that he was outside the announced unit scope.
ACTION: The Civil Service Commission directed that the examination appeal be granted, but the list removal appeal be denied.
B-45 TODD RAMER
Todd Ramer appeals the determination of the Division of Selection Services denying his request for a make-up examination for the promotional examination for County Services Specialist (PS1394K), Department of Children and Families.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-46 DEANA SABA
Deana Saba appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Executive Assistant (PC1176R), Union County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-47 JOSEPH SCHISANI, ET AL.
Joseph Schisani, Louis Turso and Ron Miltner, Fire Captains with the City of Hoboken represented by Craig Gumpel, Esq., request relief from the Civil Service Commission concerning the eligibility of four candidates for the promotional examination for Battalion Fire Chief (PM0142P), City of Hoboken.
ACTION: The Civil Service Commission directed that this request be denied.
B-48 PETER TABURAS
Peter Taburas appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the open competitive examination for Boiler Operator Repairer (S0531R).
ACTION: The Civil Service Commission directed that this appeal be granted.
B-49 ADOPTED AMENDMENTS: N.J.A.C. 4A:1-1.3; AND 4A:4-2.1, 2.6 AND 2.17 (SUBMISSION OF EXAMINATION APPLICATIONS ONLINE)
Submitted for the Commission's approval is a Notice of Adoption codifying the CSC's On-Line Application System (OAS). The rule revisions set forth procedures for the electronic posting of open competitive and promotional announcements and the electronic submission of examination applications. No comments were received regarding this rule proposal during the public comment period. Therefore, it is recommended that the amendments be adopted without change.
ACTION: The Civil Service Commission adopted the amendments.
B-50 CIVIL SERVICE COMMISSION MINUTES
Submitted for adoption are the Civil Service Commission minutes of its meeting of February 26, 2014.
ACTION: The Civil Service Commission adopted the minutes of its meeting of February 26, 2014.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Richard E. Williams (Yes)
B-51 CHANGE IN CLASSIFICATION PLAN - CREATION OF VARIANT TITLE
The Division of Classification and Personnel Management requests the creation of the variant title Business Representative 2, Veterans Services.
![](/csc/about/meetings/minutes/images/14/031314m_2.gif)
ACTION: The Civil Service Commission directed that this request be granted.
B-52 CHANGE IN CLASSIFICATION PLAN - COMMON TITLE
The Division of Classification and Personnel Management requests that the Youth Aide title be reallocated from common use to use by local government only.
![](/csc/about/meetings/minutes/images/14/031314m_3.gif)
ACTION: The Civil Service Commission directed that this request be granted.
B-53 CHANGE IN CLASSIFICATION PLAN - TITLE REACTIVATION
The Division of Classification and Personnel Management requests that the unclassified Legislative Counsel, OLS title be reactivated.
![](/csc/about/meetings/minutes/images/14/031314m_4.gif)
ACTION: The Civil Service Commission directed that this request be granted.
B-54 CHANGE IN CLASSIFICATION PLAN - TITLE REACTIVATION
The Division of Classification and Personnel Management requests reactivation of the Regional Maintenance Supervisor, Transportation title.
![](/csc/about/meetings/minutes/images/14/031314m_5.gif)
ACTION: The Civil Service Commission directed that this request be granted.
B-55 REALLOCATION OF LOCAL BILINGUAL AND DUAL TITLES FROM THE COMPETITIVE TO THE NON-COMPETITIVE DIVISION OF
THE CAREER SERVICE
The Division of Classification and Personnel Management recommends reallocation of various Local bilingual and dual titles to the non-competitive division of the career service in accordance with N.J.A.C. 4A:3-1.2.
ACTION: The Civil Service Commission directed that this request be granted.
B-56 TAHISHA COLLINS
The appeals of Tahisha Collins, a Senior Correction Officer, Juvenile Justice, with the Juvenile Justice Commission, of her 90 working day suspension and removal effective April 26, 2013, on charges, were heard by Administrative Law Judge Susan M. Scarola (ALJ), who rendered her initial decision on December 18, 2013. At its meeting on February 26, 2014, the Civil Service Commission adopted the ALJ's recommendations to uphold the 90 working day suspension and reverse the removal. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Richard E. Williams (Yes)
B-57 JAMES KIELWASSER
The appeals of James Kielwasser, an Animal Control Officer with the Township of Union, of his removals, effective May 5, 2011 and October 20, 2011, on charges, were heard by Administrative Law Judge Imre Karaszegi (ALJ), who rendered his initial decision on December 16, 2013. At its meeting on February 26, 2014, the Civil Service Commission adopted the ALJ's recommendation to reverse the appellant's May 5, 2011 removal, but it did not adopt the recommendation to reverse the October 20, 2011 removal. Rather, the Commission modified the penalty to a 15 working day suspension. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Richard E. Williams (Yes)
B-58 PROPOSED NEW RULE: N.J.A.C. 4A:4-4.6A AND PROPOSED AMENDMENTS: N.J.A.C. 4A:4-2.8, 2.17, 3.6, 6.1 AND 6.2 (CERTAIN PERSONS RETURNING FROM MILITARY LEAVE)
Submitted for the Commission's approval is a Notice of Adoption of proposed new rule N.J.A.C. 4A:4-4.6A and proposed amendments to N.J.A.C. 4A:4-2.8, 2.17, 3.6, 6.1 and 6.2, intended to implement P.L. 2012, c.49, regarding placement on eligible lists of certain persons returning from military service. This new law addresses situations in which a reservist or a national guard member whose name had been placed on an open competitive eligible list returns from Federal active duty after the list has expired. The remedy provided in the legislation is to give such individuals the opportunity to request, within one year of the list's expiration, placement on an active eligible list for the same title and jurisdiction, utilizing the score he or she had earned for the expired list, for prospective appointment only. No comments were received during the public comment period. Therefore, it is recommended that this proposal be adopted without change.
ACTION: The Civil Service Commission adopted the new rule and amendments.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, March 26, 2014, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.