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Ida L. Castro, Chairwoman
Flavella Branham
Josephine DiRienzo
Margaret E.L. Howard
Robert J. Long
A regular meeting of the Merit System Board was held on Wednesday, April 7, 2004 , in Trenton , New Jersey .
PRESENT: Chairwoman Ida L. Castro, Merit System Board Members, Flavella Branham, Josephine DiRienzo, Margaret E. L. Howard and Robert J. Long; Lisa Ruch, 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 11, 2003, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified .
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Kenneth Kougasian, Investigator, Department of Judiciary, release at the end of the working test period.
Patrice Melfi, Head Clerk, South Woods State Prison, Department of Corrections, Discrimination, Harassment or Hostile Environments in the Workplace.
Caroline Espvik-Roberts, Assistant Animal Control Officer, Department of Health and Human Services, Township of Vernon, removal.
Sema Sanders, County Correction Officer, County of Burlington , suspension.
Anthony Simmons, Police Officer, Police Department, City of Newark , suspension.
Leonard Willitts, Equipment Operator, Highway Department, County of Burlington , 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:
Eric Bryant, Assistant Chief Identification Officer, Police Department, City of Newark, demotion, suspension and removal.
Jack Edge, Senior Clerk, State Parole Board, suspension.
Dean James, Laborer, Department of Public Safety, County of Burlington , suspension.
Kennedy Joseph, Boiler Operator, Jersey City School District , suspension.
Linda McCrea, Senior Security Guard, Newark School District , removal.
Carolyn Miller, Intermittent Clerk, Treasury, Division of Revenue, Department of Treasury, removal and resignation not in good standing.
Axel Torres, Fire Fighter, Fire Department, City of Trenton , removal.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Jimena Armijos
Greystone Park Psychiatric Hospital
Department of Human Services
Removal
In the Matter of Nina Bell-King
Vineland Developmental Center
Department of Human Services
Suspension
In the Matter of Francisco Bolanos
New Jersey State Parole Board
Suspension
In the Matter of William Craven
Town of Dover
List removal
In the Matter of Wendy Hawthorne
County of Burlington
Buttonwood Hospital
Removal
In the Matter of Torya M. James
New Jersey City University
Removal
In the Matter of James Ogburn, Jr
Newark School District
Removal
In the Matter of Yvonne Wallace
Albert C. Wagner Youth Facility
Department of Corrections
Resignation not in good standing
In the Matter of Terun Weed
Department of Corrections
Removal
In the Matter of Donald Zawojski
Bayside State Prison
Department of Corrections
Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements.
A-2 SAMUEL GOPAL
Samuel Gopal, a former Field Services Supervisor 3, FD, Division of Youth and Family Services, Department of Human Services, appeals his return to his formerly held permanent title of Senior Income Maintenance Technician effective April 19, 2003 at the end of the working test period.
Recommendation of the Administrative Law Judge - Dismiss the appeal as moot.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-3 JEANETTE RIVERA
Jeanette Rivera, Police Officer, City of Newark, Police Department, two ten-day suspensions and two five-day suspensions on charges of violation of Police Department rules regarding absence without leave and accessibility to department surgeons and superior officers.
Recommendation of the Administrative Law Judge - Dismiss the appeals as moot.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-4 ALBERTA THOMAS-LAMPTEY
Alberta Thomas-Lamptey, a former Assistant District Parole Supervisor, New Jersey State Parole Board, appeals her return to her formerly held permanent title of Senior Parole Officer effective April 22, 2002 at the end of the working test period.
Recommendation of the Administrative Law Judge - Uphold the return to formerly held permanent title.
ACTION: The Merit System Board directed that this matter be held over.
A-5 DENNY ALLISON
Denny Allison, Sheriff Officer, County of Monmouth , Sheriff's Department, removal effective September 18, 2002 , on charges of failure to satisfactorily complete the Sheriff Officers Training Academy by not successfully qualifying in firearms as is required and failure to meet the conditions of continued employment.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-6 JEFFREY BELLAMY
Jeffrey Bellamy, Hospital Attendant, County of Essex , Department of Health and Rehabilitation, removal effective July 28, 1995 , on charges of conduct unbecoming a public employee, neglect of duty, failure to perform duties, insubordination and unfit for duty.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-7 ANGELA CARPENTER
Angela Carpenter, Hospital Attendant, County of Burlington, Buttonwood Hospital, removal effective March 10, 2003, on charges of incompetence, inefficiency, or failure to perform duties, conduct unbecoming a public employee, neglect of duty, and resident abuse/neglect.
Recommendation of the Administrative Law Judge - Modify the removal to a 20-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-8 ALVINGER COLEMAN
Alvinger Coleman, Senior Correction Officer, East Jersey State Prison, Department of Corrections, removal effective October 30, 2002 , on the charge of being prohibited by law from possessing or using a firearm.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-9 LARRY HANKS
Larry Hanks, Juvenile Detention Officer, County of Essex , Department of Citizen Services, removal effective March 4, 1999 , on charges of incompetency, insubordination, conduct unbecoming a public employee, other sufficient cause, unfit for duty, and willful violation of rules and regulations.
Recommendation of the Administrative Law Judge - Dismiss the appeal for lack of prosecution.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-10 VICTOR KITTRELL
Victor Kittrell, Laborer, City of Newark , Department of Engineering, removal effective July 15, 2002 , on charges of conduct unbecoming a public employee, neglect of duty and other sufficient cause.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-11 PHILIP MARTONE
Philip Martone, Superintendent of Recreation, Town of Kearny, Department of Parks and Recreation, removal effective October 28, 2002, on charges of conduct unbecoming a public employee, and violation of policy regarding employee conduct and work rules and workplace violence prevention.
Recommendation of the Administrative Law Judge - Modify the removal to a six-month suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-12 DOMINICK A. MATTIELLI
Dominick Mattiell, Police Trainee, City of Bayonne, Department of Public Safety, removal effective October 25, 1999, on charges of failure to complete the police training course, dismissal from Passaic County Police Academy for a positive drug test and inability to perform duties.
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 ROBERT BYRNES
Robert Byrnes, represented by Michael G. Brucki, 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 (S9999B) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-2 GIOVANNI CAPALBO
Giovanni Capalbo, represented by Arlindo Araujo, Esq., appeals his rejection as a County Correction Officer candidate by the County of Essex and its request to remove his name from the eligible list for County Correction Officer (S9999A) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-3 SERETA JOHNSON
Sereta Johnson appeals her rejection as a County Correction Officer candidate by the County of Union and its request to remove her name from the eligible list for County Correction Officer (S9999D) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-4 JASON P. KENT
Jason P. Kent, represented by Gail Oxfeld Kanef, Esq., appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-5 NIEVES M. MENDOZA
Nieves M. Mendoza, represented by Kelly O'Neill-Côté, Esq., appeals his rejection as a Police Officer candidate by the Township of Ewing and its request to remove his name from the eligible list for Police Officer (S9999B) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this matter be referred for independent evaluation.
B-6 CARLOS A. PIMENTEL
Carlos A. Pimentel, represented by Arlindo Araujo, Esq., appeals his rejection as a Police Officer candidate by the City of West Orange and its request to remove his name from the eligible list for Police Officer (S9999B) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-7 NOEL RODRIGUEZ
Noel Rodriguez, represented by Edward G. O'Byrne, Esq., appeals his rejection as a Police Officer candidate by the City of Paterson and its request to remove his name from the eligible list for Police Officer (S9999B) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-8 VINCENT SANTANIELLO
Vincent Santaniello, represented by Stephen B. Hunter, Esq., appeals his rejection as a Sheriff's Officer candidate by the County of Hudson and its request to remove his name from the eligible list for Sheriff's Officer (S9999B) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this matter be referred for independent evaluation.
B-9 JOHN J. SANTIAGO
John J. Santiago appeals his rejection as a Police Officer candidate by the City of Trenton and its request to remove his name from the eligible list for Police Officer (S9999B) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-10 JON-PAUL SIELSKI
Jon-Paul Sielski, represented by Stephen B. Hunter, Esq., appeals his rejection as a Sheriff's Officer candidate by the County of Hudson and its request to remove his name from the eligible list for Sheriff's Officer (S9999B) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be granted.
B-11 JODI STAZAK
Jodi Stazak, represented by Paul J. Cresci, Esq., appeals her rejection as a Sheriff's Officer candidate by the County of Hudson and its request to remove her name from the eligible list for Sheriff's Officer (S9999B) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-12 JOHN T. JACKSON
John T. Jackson appeals his rejection as a Police Officer by the City of Camden and its request to remove his name from the eligible list for Police Officer (S9999D) on the basis of medical unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be granted.
B-13 LANA CASTERLINE
Lana Casterline, 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 granted.
B-14 ANDREW GROSS
Andrew Gross, an Administrative Analyst 2 with the Department of Corrections, represented by Tom Bruno, Staff Representative, CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted in part.
B-15 HARRY HAWN
Harry Hawn, a Locksmith at South Woods State Prison, Department of Corrections, represented by Nicole Madzelan, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-16 THERESA KELLEHER
Theresa Kelleher, a Secretarial Assistant 3, Non-Steno, Department of Transportation (DOT), represented by Paul Pologruto, CWA Local 1032, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-17 GLENN SCHNECK
Glenn Schneck, an Automotive Mechanic with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-18 DENNIS FONESCA
Dennis Fonesca appeals the removal of his name from the Laborer, Bergen County Utilities Authority, special reemployment list on the basis of his failure to respond to the Notice of Certification.
ACTION: The Merit System Board directed that this appeal be denied.
B-19 SHADELL JACKSON
Shadell Jackson appeals the decision of Human Resource Information Services, which found that the appointing authority had presented a sufficient basis to remove her name from the eligible list for Communications Officer (M0282D), City of Orange Township, on the basis of falsification of her preemployment application.
ACTION: The Merit System Board directed that this appeal be denied.
B-20 ALEXANDER B. TILLMAN
Hudson County appeals the decision of Human Resource Information Services, which found that Alexander B. Tillman's name could not be removed from the eligible list for County Correction Officer (S9999D) on the basis of his criminal record since he had been given medical and psychological examinations.
ACTION: The Merit System Board directed that this appeal be denied and Alexander B. Tillman's name be retained on the County Correction Officer (S9999D) eligible list.
B-21 REGINA M. YAHARA-SPLAIN
Regina M. Yahara-Splain appeals the decision of Human Resource Information Systems, which remove the appellant's name from the special reemployment list for Senior Food Service Handler, 12 Months due to the appellant's failure to respond t the Certification Notice.
ACTION: The Merit System Board directed that this appeal be granted.
B-22 DATA PROCESSING SYSTEMS PROGRAMMER 1 (S6646E), HIGHER EDUCATION STUDENT ASSISTANCE AUTHORITY
The appointing authority request permission not to make an appointment from the certification for Data Processing Systems Programmer 1 (S6646E), Higher Education Student Assistance Authority.
ACTION: The Merit System Board granted the request for an appointment waiver and assessed no selection costs at this time.
B-23 EXECUTIVE ASSISTANT (M6932A), TOWNSHIP OF NORTH BERGEN
The Township of North Bergen (Township), represented by Rachel A. Rehaut, Esq., petitions the Merit System Board for reconsideration of the final administrative decision, rendered on January 7, 2004 , in which the Board denied its request for an appointment waiver and ordered that the Township properly dispose of the April 30, 2002 certification.
ACTION: The Merit System Board granted the request for reconsideration and granted the appointment waiver, but assessed costs.
B-24 PERSONNEL OFFICER (C0316D), BERGEN COUNTY BOARD OF SOCIAL SERVICES
The appointing authority requests permission not to make an appointment from the certification for Personnel Officer (C0316D), Bergen County Board of Social Services.
ACTION: The Merit System Board granted the request for an appointment waiver and directed that selection costs be presently deferred.
B-25 SUPERVISING COUNSELOR, VICTIM-WITNESS PROGRAM AND COUNSELOR, VICTIM-WITNESS PROGRAM
The Morris County Prosecutor, represented by Joseph Conner, Jr., Esq., appeals the decision of the division of Human Resource Management, which determined that Patricia Stewart should be classified under the title of Supervising Counselor, Victim-Witness Program and that Keisha Higgs and Donna Pasquariello should be classified under the title of Counselor, Victim-Witness Program in the competitive division of the career service.
ACTION: The Merit System Board directed that these appeals be granted in part.
B-26 CYNTHIA PRISCO
Cynthia Prisco, a Senior Clerk Typist with the Juvenile Justice Commission, Department of Law and Public Safety, appeals the determination of the Commissioner of the Department of Community Affairs, 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 granted a hearing.
B-27 TERESA SPALDING
Teresa Spalding, a County Correction Officer with the County of Burlington County Jail , represented by William B. Hildebrand, Esq., seeks enforcement of the Merit System Board decision rendered on November 19, 2003 , which awarded her back pay, benefits and seniority.
ACTION: The Merit System Board granted the appellant $68,284.60 in gross back pay along with seniority credit, vacation time and sick time.
B-28 JAMES NANCE
The City of Newark represented by Lori A. Brown, Assistant Corporation Counsel, petitions the Merit System Board for a stay of its decision in In the Matter of James Nance (MSB, decided October 1, 2003) pending its appeal to the Appellate Division of the Superior Court of New Jersey.
ACTION: The Merit System Board denied the request.
B-29 THOMAS PAVLIK
The Township of Brick , represented by Arthur R. Thibault Jr., Esq., petitions the Merit System Board for reconsideration of the administrative decision, rendered on January 7, 2004 , in which the Board reinstated Thomas Pavlik's appeal of his removal and transmitted the matter to the Office of Administrative Law for a hearing.
ACTION: The Merit System Board denied the request.
B-30 RUSSELL MAFFEI
Pursuant to the Merit System Board's order in the decision In the Matter of Russell Maffei (MSB decided March 26, 2003), the Board reviewed the record to determine whether sanctions should be imposed on the Board of Public Utilities and/or the Department of Personnel.
ACTION: The Merit System Board directed that no sanctions are warranted in this matter.
VOTE: Ida L. Castro (Abstained)
Flavella Branhan (Yes)
Josephine DiRienzo (Yes)
Margaret E. L. Howard (Yes)
Robert J. Long (Yes)
B-31 BOYETTE MCSWAIN
The appeal of Boyette McSwain, a Senior Juvenile Detention Officer with the Essex County Division of Youth Services, Department of Citizen Services, of her removal effective April 13, 1999 , on charges, was heard by Administrative Law Judge Mumtaz Bari-Brown (ALJ), who rendered her initial decision on January 12, 2004 . At its meeting on March 24, 2004 , the Board adopted the ALJ's recommendation to uphold the removal. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-32 DIANE SANDERS
The appeal of Diane Sanders, a Human Services Technician at Trenton Psychiatric Hospital , Department of Human Services, of her removal effective May 3, 2002 , on charges, was heard by Administrative Law Judge John R. Tassini (ALJ), who rendered his initial decision on February 11, 2004 . At its meeting on March 24, 2004 , the Merit System Board did not adopt the ALJ's recommendation to reverse the removal. Rather the Board imposed a three-day suspension. The proposed decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the decision.
B-33 FELIX ARBULU-BILLENA, ET AL.
Felix Arbulu-Billena, Gregg Gilden and Rakesh Puri appeal the determinations of the Division of Selection Services, which found them to lack the experience requirements for the open competitive examination for Computer Operator 3 (S6644E), Statewide.
ACTION: The Merit System Board directed that these appeals be denied.
B-34 BARBARA BERGER, ET AL.
Barbara Berger, Darlene Smith, Terry Smith and Dianne Taylor appeal the determinations of the Division of Selection Services that found that, per the substitution clause for education, they did not meet the experience requirements for the promotional examination for Administrative Analyst 3 (PS5431K), Division of Youth and Family Services.
ACTION: The Merit System Board directed that these appeals be denied.
B-35 NAVNIT BHARUCHA AND JULE NGUYEN
Navnit Bharucha appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in education for the open competitive examination for Assistant Biologist (Water Resources) (S0129E), Department of Environmental Protection. Julie Nguyen appeals the determination of the Division of Selection Services, which found that she did not submit the required transcript or list of courses for the open competitive examination for Assistant Biologist (Water Resources) (S0129E), Department of Environmental Protection.
ACTION: The Merit System Board directed that these appeals be denied.
B-36 MILTINIA BLAND
Miltinia Bland appeals the determination of the Division of Selection Services, which found that she was below the minimum requirements in experience for the open competitive examination for Accountant 1 (S3017E).
ACTION: The Merit System Board directed that this appeal be denied.
B-37 JOHN BROUMAS
John Broumas appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, he was below the minimum requirements in experience for the promotional examination for Social Worker, Juvenile Rehabilitation (PC0205E), Department of Juvenile Services, Ocean County .
ACTION: The Merit System Board directed that this appeal be denied.
B-38 CANDICE CAMISO
Candice Camiso appeals the decision 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 Personnel Assistant 4 (PS7370I), Corrections.
ACTION: The Merit System Board directed that this appeal be denied.
B-39 MARY ANN CILENTO
Mary Ann Cilento appeals the decision 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 Assistant Administrative Analyst (PC0114E), Ocean County .
ACTION: The Merit System Board directed that this appeal be denied.
B-40 MARY C. DOMZALSKI AND SANDRA S. DUNLEAVY
Mary C. Domzalski and Sandra S. Dunleavy appeal the decisions of the Division of Selection Services, which found that they did not meet the experience requirements for the open competitive examination for Senior Community Program Specialist (S0162E).
ACTION: The Merit System Board directed that these appeals be denied.
B-41 BONNIE GILBERT AND PATRICK HAINSWORTH
Bonnie Gilbert and Patrick Hainsworth appeal the determinations of the Division of Selection Services, which found that they did not meet the education and/or experience requirements for the open competitive examination for Scheduler (S6626D).
ACITON: The Merit System Board directed that these appeals be denied.
B-42 HARVEY J. GROSSMAN
Harvey J. Grossman appeals the decision of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examination for Insurance Analyst 3, Rating (S0199E).
ACTION: The Merit System Board directed that this appeal be granted.
B-43 GEORGE HARRIS
George Harris appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Contract Administrator (M6238E), Belleville .
ACTION: The Merit System Board directed that this appeal be denied.
B-44 FELICIA HAUSE
Felicia Hause 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 Assistant 1, Labor (PS4496N), Department of Labor.
ACTION: The Merit System Board directed that this appeal be denied.
B-45 WILMA HOWARD AND CAROL MARSHALL
Wilma Howard and Carol Marshall appeal the determination of the Division of Selection Services, which found that they were below the minimum requirements in experience for the promotional examination for Head Clerk (PS7774I), South Woods State Prison.
ACTION: The Merit System Board directed that these appeals be granted.
B-46 CHARLES JACKSON AND CASSANDRA PEARSON
Charles Jackson and Cassandra Pearson appeal the determinations of the Division of Selection Services, which found that they did not meet the education and experience requirements for the open-competitive examination for Principal Social Service Aide (S0085D), Department of Human Services.
ACTION: The Merit System Board directed that these appeals be denied.
B-47 JAMES P. JANSON, JR. AND CHRISTOPHER J. REEVES
James P. Janson, Jr., and Christopher J. Reeves appeal the decisions of the Division of Selection Services, which found that they did not meet the experience requirements for the open competitive examination for Truck Driver (C9517D), Burlington County .
ACTION: The Merit System Board directed that these appeals be denied.
B-48 DOUGLAS A. KERR
Douglass A. Kerr appeals the decision of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Manager Public Property (PM1729D), Newark .
ACTION: The Merit System Board directed that this appeal be granted.
B-49 SHERRILL L. LAMONDA
Sherrill L. Lamonda appeals the decision of the Division of Selection Services, which found that she did not meet the experience requirements for the open competitive examination for Human Services Specialist 1 (C0457E), Middlesex County .
ACTION: The Merit System Board directed that this appeal be granted.
B-50 RON LISCIANDRELLO
Ron Lisciandrello appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the open competitive examination for Budget Analyst 1 (S0167E).
ACTION: The Merit System Board directed that this appeal be granted.
B-51 SALVATORE A. MANISCALCO
Salvatore A. Maniscalco appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in experience for the promotional examination for Personnel Assistant 4 (Employee Relations) (PS7097I), Department of Corrections.
ACTION: The Merit System Board directed that this appeal be denied.
B-52 JAMES V. MASCOLA III
James V. Mascola III appeals the decision of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examination for Field Representative, Senior Citizens Program (C0156D), Cumberland County .
ACTION: The Merit System Board directed that this appeal be granted.
B-53 MICHAEL A. MILLER
Michael A. Miller appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in experience for the promotional examination for Network Administrator 1 (PS7359H), Department of Health and Senior Services.
ACTION: The Merit System Board directed that this appeal be granted.
B-54 JOSEPH NARDONE
Joseph Nardone appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Administrative Assistant 2 (PS4565K), Commission for the Blind and Visually Impaired.
ACTION: The Merit System Board directed that this appeal be denied.
B-55 JOSEPH NARDONE
Joseph Nardone appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examinations for Program Development Specialist 1 (PS4531K) and Contract Administrator 1 (PS4527K), Commission for the Blind and Visually Impaired.
ACTION: The Merit System Board directed that these appeals be denied.
B-56 LISA NASATKA
Lisa Nasatka 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 Assistant, Classification (PS7395I), Mountainview Correctional Institute.
ACTION: The Merit System Board directed that this appeal be denied.
B-57 KAREN C. NELSON
Karen C. Nelson appeals the decision of the Division of Selection Services, which found that she did not meet the education requirements for the open competitive examination for Librarian Technical Services (M9951D), East Orange .
ACTION: The Merit System Board directed that this appeal be denied.
B-58 NAOMI OLSZEWSKI
Naomi Olszewski appeals the decision of the Division of Selection Services that found that she was below the minimum requirements in education and experience for the promotional examination for Administrative Assistant 2 (PS6187U), Department of Treasury.
ACTION: The Merit System Board directed that this appeal be granted.
B-59 BHUPENDRA PATEL
Bhupendra Patel appeals the determination of the Division of Selection Services, which found that he was below the minimum requirements in experience for the promotional examination for Field Service Supervisor 1 (Medical Assistance and Health Services), (PS8566K), Division of Medical Assistance and Health Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-60 DEBBIE PAVLOVSKY
Debbie Pavlovsky 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 open competitive examination for Assistant Administrative Analyst (C6913E), Burlington County .
ACTION: The Merit System Board directed that this appeal be denied.
B-61 CATHERINE PLACENTI
Catherine Placenti 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 Principal Procedures Analyst (PS6528I), Department of Corrections.
ACTION: The Merit System Board directed that this appeal be granted.
B-62 DONALD RAGAZZO
Donald Ragazzo 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 Program Development Specialist 1 (Energy Conservation) (S6485C), Department of Community Affairs.
ACTION: The Merit System Board directed that this appeal be denied.
B-63 JOSEPH RANTOWICH
The appointing authority, on behalf of Joseph Rantowich, 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 Senior Building Maintenance Worker (C0535E), Passaic County .
ACTION: The Merit System Board directed that this appeal be denied.
B-64 HEATHER SCHWARTZ
Heather Schwartz appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the open competitive examination for Budget Analyst 1 (S0167E).
ACTION: The Merit System Board directed that this appeal be granted.
B-65 GURBAJ SINGH
Gurbaj Singh appeals the determination of the Division of Selection Services, which found that he did not meet the education requirements for the open competitive examination for Budget Analyst 1 (S0167E).
ACTION: The Merit System Board directed that this appeal be denied.
B-66 KEVIN SMITH
Kevin Smith appeals the determination of the Division of Selection Services that found that he did not meet the experience requirements for the promotional examination for Mason and Plasterer (PS8591K), Greystone Park Psychiatric Hospital .
ACTION: The Merit System Board directed that this appeal be granted.
B-67 GREGORY R. TILLMAN
Gregory R. Tillman appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the Building Management Services Specialist 4 (M6303B), Newark School District , open competitive examination.
ACTION: The Merit System Board directed that this appeal be granted.
B-68 CATHERINE TORPY
Catherine Torpy appeals the determination of the Division of Selection Services that found her to be below the experience requirements for the open competitive examinations for Senior Therapy Program Assistant (S0087D) and (S0232E), and Therapy Program Assistant (S0215E), Statewide.
ACTION: The Merit System Board directed that this appeal be denied.
B-69 ERNEST TOTH
Ernest Toth appeals the determination of the Division of Selection Services that found that he did not meet the experience requirements for the open-competitive examination for Assistant Housekeeping Supervisor 2 (S0048D), Statewide.
ACTION: The Merit System Board directed that this appeal be denied.
B-70 LYDIA VIGH
Lydia Vigh appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Management Specialist (PM0032E), City of Trenton .
ACTION: The Merit System Board directed that this appeal be granted.
B-71 NANCY VIGORITA
Nancy Vigorita appeals the determination of the Division of Selection Services, which found that she did not meet the license or registration requirements for the open competitive examiantion for Occupational Therapist (S9193E).
ACTION: The Merit System Board directed that this appeal be granted.
B-72 JOSEPH VIVENZIO
Joseph Vivenzio appeals the determination of the Division of Selection Services that found that he did not meet the experience requirements for the open-competitive examination for the "dual" title Code Enforcement Officer/Zoning Officer (M6196E), Beachwood Borough.
ACITON: The Merit System Board directed that this appeal be denied.
B-73 LISA M. VOORHEES
Lisa M. Voorhees 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 Personnel Assistant 3 (PS7178P), Juvenile Justice Commission.
ACTION: The Merit System Board directed that this appeal be denied.
B-74 THOMAS WOJTOWICZ
Thomas Wojtowciz 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 Budget Analyst 1 (S0167E).
ACTION: The Merit System Board directed that this appeal be denied.
B-75 JOSEPH FREITAS, III AND MARIA TODARO
Joseph Freitas, III and Maria Todaro, represented by David Corrigan, Esq., appeal the eligibility of Michael Florio for the promotional examination for Superintendent of Weights and Measures (PC1814D), Union County. This matter was held over from the Board's February 25, 2004 meeting.
ACTION: The Merit System Board directed that these appeals be denied.
VOTE: Ida L. Castro (Yes)
Flavella Branhan (Yes)
Josephine DiRienzo (Yes)
Margaret E. L. Howard (Yes)
Robert J. Long (Abstained)
B-76 LUIS ARROYO, JR., ET AL.
Luis Arroyo, Jr., Jessell Ray Castaeda, Elizabeth Diaz, Dwayne Fields, Anthony Genovese, Juan Madera, Eddie Maldonado, Tomas Marrero, Edwin Melendez, Cori Noble, Andrew Pickett, David Rodriguez and James Williams appeal their score for the written cognitive portion of the examination for Fire Fighter (M9999E).
ACTION: The Merit System Board directed that these appeals be denied.
B-77 JASON INGRAHAM
Jason Ingraham, represented by Daniel Zerrith, Esq., appeals his score for the written cognitive portion of the examination for Fire Fighter (M9999E).
ACTION: The Merit System Board directed that this matter be held over.
B-78 ROBERT SALVATORE
Robert Salvatore appeals his score on the promotional examination for Manager Public Property (PM1729D), City of Newark .
ACTION: The Merit System Board directed that this appeal be denied.
B-79 DAVID SCHRAEGER
David Schraeger appeals his rank and score for the examination for Chief, Inspection and Enforcement (PS2800N), Department of Labor.
ACTION: The Merit System Board directed that this appeal be denied.
B-80 GILBERT SMITH
Gilbert Smith, represented by George Saponaro, Esq., appeals his score and veterans' status for the examination for Chief Operating Engineer 3 (PS6824I), Mid State Correctional Facility.
ACTION: The Merit System Board directed that this appeal be denied.
B-81 KATHLEEN TORLUCCI
Kathleen Torlucci appeals her score on the open competitive examination for Assistant Administrative Analyst (C6913E), Burlington County .
ACTION: The Merit System Board directed that this appeal be granted.
B-82 LINDA ALMODOWAR
Linda Almodowar requests that the provisions of N.J.A.C. 4A:4-2.6(a)(4) be relaxed to accept her late application for the promotional examination for Supervising Program Support Specialist (Assistance Programs) (PS6934K), Division of Youth and Family Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-83 MINI JONES
Mini Jones requests that the provisions of N.J.A.C. 4A:4-2.6(a)(4) be relaxed to accept her late application for the promotional examination for Senior Therapy Program Assistant (PS5684K), Hunterdon Developmental Center .
ACTION: The Merit System Board directed that this appeal be denied.
B-84 ANGELO ANDRIANI
Angelo Andriani appeals the administration of the make-up examination for Police Lieutenant (PM2581D), Hoboken .
ACTION: The Merit System Board directed that this appeal be granted.
B-85 ROSE MESSERE
Rose Messere appeals the decision of the Division of Selection Services denying her request for a make-up examination for Interviewer (S0134E), Department of Labor.
ACTION: The Merit System Board directed that this matter be held over.
B-86 MARIA SERENI
Maria Sereni, represented by David Schroth, Esq., requests a make-up for the promotional examination for County Correction Lieutenant (PC3006C), Mercer County .
ACTION: The Merit System Board denied the request.
B-87 TYANNE INGALLS
Tyanne Ingalls, represented by Joseph Caruso, Esq., appeals the test administration of the written cognitive portion of the examination for Fire Fighter (M9999E).
ACTION: The Merit System Board directed that this appeal be denied.
B-88 JOACHIM NWORJI
Joachim Nworji appeals the administration of the open competitive examination for Senior Fiscal Analyst (M1659C), Newark School District .
ACTION: The Merit System Board directed that this appeal be denied.
B-89 PROMOTIONAL LISTS FOR PUBLIC SAFETY TITLES
The Division of Selection Services requests that the eligible lists for certain promotional public safety titles, beginning with those lists that will expire in April 2004, be extended for one year beyond their original expiration date, not to exceed four years or until a new list becomes available, whichever occurs first.
ACTION: The Merit System Board granted the request.
B-90 RECENT COURT DECISIONS
Submitted for the Board's review are copies of decisions as follows: Darius D. Bishop, et al., v. State of New Jersey: The New Jersey Department of Personnel and Merit System Board (U.S. 3 rd . Circuit Court of Appeals, 1/5/04). In the Matter of Russel Greco (Appellate Division 2/2/04 ). In the Matter of District Parole Supervisor (PS4338I), State Parole Board (Appellate Division 2/10/04 ). In the Matter of Richard Bailey v. Gloucester County Board of Social Services (Appellate Division 2/11/04 ). In the Matter of Scott Emery, County Correction Officer (S9999B) (Appellate Division 2/13/04 ). In the Matter of Angelo Cordasco, Police Officer (S9999V), City of Newark (Appellate Division 2/19/04 ). In the Matter of Russell Maffei v. New Jersey Board of Public Utilities (Appellate Division 2/26/04 ). Brief summaries of the cases are provided.
ACTION: The Merit System Board noted the decisions.
B-91 MERIT SYSTEM BOARD MINUTES
The minutes of the Merit System Board meeting of March 24, 2004 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of March 24, 2004 .
B-92 HEATHER GRIFFITH
The appeal of Heather Griffith, a Social Worker 2, Secured Facilities with Bayside State Prison, Department of Corrections (DOC), of her 10-day suspension on charges was before Administrative Law Judge W. Todd Miller (ALJ) who rendered his initial decision on February 11, 2004 , modifying the 10-day suspension to a written warning with appropriate sensitivity training. At its meeting on March 24, 2004 , the Merit System Board modified the 10-day suspension to a five-day suspension and appropriate sensitivity training. The proposed decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the decision.
B-93 CHERYL KOSCIUK
The appeals of Cheryl Kosciuk, a Senior Correction Officer with the Department of Corrections, of her: 1) 30-day suspension on charges, and 2) 15-day suspension and two removal effective March 31, 2001 , on charges were heard by Administrative Law Judge Israel D. Dubin (ALJ), who rendered his initial decision on January 15, 2004, upholding the 30-day suspension and reversing the 15-day suspension and two removals. At its meeting on March 24, 2004 , the Merit System Board adopted the ALJ's recommendations. The proposed decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the decision.
B-94 VICTOR RAMOS
The appeal of Victor Ramos, a County Police Officer with the County of Essex , of his removal effective May 31, 2002 , on charges was heard by Administrative Law Judge Edith Klinger (ALJ), who rendered her initial decision on January 30, 2004 upholding the removal. At its meeting on March 24, 2004 , the Merit System Board did not adopt the ALJ's recommendation. Rather, the Board modified the removal to a five-day suspension with training in how to effectively deal with the public. The proposed decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the decision.
B-95 ALAN DEXTER BOWMAN
Submitted for the Merit System Board's consideration is a proposed resolution honoring Alan Dexter Bowman for his service on the Merit System Board.
ACTION: The Merit System Board adopted the resolution.
B-96 EARLY SETTLEMENTS
Angelo Andriani
City of Hoboken
Department of public Safety
Suspension
Christine Cathcart
Borough of Beach Haven
Department of Public Affairs and Safety
Suspension
Jennifer McKenzie
Woodbridge Developmental Center
Department of Human Services
Suspension
Geneva Peterson
County of Essex
Department of Citizen Services
Suspension
Mary Richardson
New Lisbon Developmental Center
Department of Human Services
Suspension
Anthony Santore
Ancora Psychiatric Hospital
Department of Human Services
Resignation not in good standing
Phelton Turner
Ancora Psychiatric Hospital
Resignation not in good standing
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 21, 2004 at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
__________________________________
IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD
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