Ida L. Castro, Chairwoman
Flavella Branham
Josephine DiRienzo
Robert J. Long
May 19, 2004
*******************************************************************
A regular meeting of the Merit System Board was held on Wednesday,
May 19, 2004, in Trenton, New Jersey.
PRESENT: Chairwoman Ida L. Castro, Merit System Board Members,
Flavella Branham, Josephine DiRienzo and Robert J. Long; Pamela
Ullman, 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.
STATE
The Merit System Board recorded the recommended changes in the
State Classification Plan, copies of which are attached hereto
and made a part hereof.
DATE: April 22, 2004
TO: Ida L. Castro, Commissioner
Department of Personnel
FROM: Elizabeth Van Marter, Director
Human Resource Management
SUBJECT: Change in the Classification Plan
DEPARATMENT OF TRANSPORTATION
The Department of Transportation requests a two-range upward
salary re-evaluation for the Department-specific title of Secretary,
Department of Transportation.
The Department has revised the current job description to reflect
the actual duties and responsibilities of the position. These
changes had substantial job content effects. A comparison of
the duties against the existing Hay Evaluation reveals that the
knowledge and accountability factors are impacted.
The Appointing Authority requests a retroactive effective date.
CHANGE IN SALARY EVALUATION
Effective: 05/03/03
FROM: TO:
Secretary, Department of Transportation Secretary, Department
of Transportation
A17-24521 Competitive O NE/12 A19-24521 Competitive O NE/12
DATE: April 27, 2004
TO: Ida L. Castro, Commissioner
Department of Personnel
FROM: Elizabeth Van Marter, Director
Human Resource Management
SUBJECT: Change in the State Classification Plan
DEPARTMENT OF STATE
The Department of State requests an upward salary re-evaluation
for titles responsible for curator functions in the New Jersey
State Museum. The Department requests that the existing education
substitution clause be removed, making the minimum education
requirement a specific Master’s degree. The appropriate
negotiations’ representatives are aware of this request.
The Department contends that these titles have greater responsibilities
than what is currently depicted in their job descriptions. The
addition of planning, design and evaluation duties, and the removal
of the Master’s substitution clause are of such a degree
that the evaluated job content has changed. A title verbiage
change is also requested for two of these titles.
CHANGE IN SALARY EVALUATION
Effective: 12/13/03
Assistant Curator, Natural Science Assistant Curator, Natural
Science
Interpretation Interpretation
P23-74564n E Competitive NE/12 P25-74564n E Competitive NE/12
Assistant Curator, Planetarium Services Assistant Curator, Planetarium
Services
P23-74564l E Competitive NE/12 P25-74564l E Competitive NE/12
Assistant Curator, Archaeology/ Assistant Curator, Archaeology/
Ethnology Interpretation Ethnology Interpretation
P23-74564m E Competitive NE/12 P25-74564m E Competitive NE/12
CHANGE IN SALARY EVALUATION AND TITLE VERBIAGE
Effective: 12/13/03
FROM: TO:
Assistant Curator, NJ Comtemporary Assistant Curator, Fine Arts
Collection
Artists, Art Exhibits and Exhibits
P23-74564d E Competitive NE/12 P25-74564d E Competitive NE/12
Assistant Curator, Natural Science Assistant Curator, Natural
History
Collections/Exhibits Collections/Exhibits
P23-74564o E Competitive NE/12 P25-74564o E Competitive NE/12
DATE: April 19, 2004
TO: Ida L. Castro, Commissioner
Department of Personnel
FROM: Elizabeth Van Marter, Director
Human Resource Management
SUBJECT: Change in the Classification Plan
GENERAL
The Department of Human Services requests permission to create
a Senior Practical Nurse title, for use in the Departments
of Human Services and Military and Veteran’s Affairs.
The title will be used as a career advancement path for Practical
Nurses.
This request is part of the Governor’s Nursing Initiative
for the recruitment and retention of qualified nurses to staff
State-run health care facilities. This action is with the review
and consent of the respective negotiations representatives, and
the Governor’s Office of Employee Relations. A forty-hour
workweek designation is requested to coincide with the workweek
of the entry-level title.
ADDITION OF TITLE
Effective: 06/26/04
Senior Practical Nurse
H17-_____ Competitive * 40/12
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing
calendar:
George Boykin, Senior Correction Officer, Juvenile Justice Commission,
Department of Law and Public Safety, removal.
Ralph Cioffi, Police Lieutenant, Department of Public Safety,
County of Hudson, transfer rights.
Robert Deacon, Head Nurse, 12 months, Greystone Park Psychiatric
Hospital, Department of Human Services, removal.
Christian Granata, County Correction Officer, County of Burlington,
two removals.
John Jordan, Senior Correction Officer, Garden State Correctional
Facility, Department of Corrections, suspension.
Benjamin Soto, Supervisor Water, Department of Public Works,
City of Trenton, 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:
Christina Coppolecchia, Intermittent Clerk, Treasury, Division
of Revenue, Department of Treasury, release at the end of the
working test period.
Ebony Govan, Therapy Aide, Woodbine Developmental Center, Department
of Human Services, removal.
Jennifer Kratzer, Clerk Typist, County Jail, County of Burlington,
suspension.
Vernon Letson, Family Service Specialist Trainee, Division of
Youth and Family Services, Department of Human Services, removal.
Langston Tisdale, Senior Correction Officer, Mountainview Youth
Correctional Facility, Department of Corrections, suspension
for 15 days.
Paul Whitehead, Truck Driver, Department of Public Works, Borough
of Belmar, removal.
Eric Wolfe, Intermittent Clerk, Division of Revenue, Department
of Treasury, release at the end of the working test period.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Isaac Barron
Department of Labor
Removal
In the Matter of Michael Breen
County of Monmouth
Department of Corrections and Youth Services
Removal
In the Matter of Thomas Floyd
Town of Kearny
Police Department
Suspensions (2)
In the Matter of Dawn Hensley
County of Burlington
County Jail
Removals (2)
In the Mater of Stephanie Pape
County of Gloucester
Indefinite suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements.
A-2 MERLYN FRANCIS
Merlyn Francis, Principal Training Technician, Department of Health and Senior
Services, 1) resignation not in good standing effective March 29, 2001, on
charges of conduct unbecoming a public employee, neglect of duty, and unauthorized
absence and being absent from duty for five or more consecutive business days
following an approved leave of absence and 2) removal effective March 29, 2001,
on the charge of incompetency, inefficiency, or failure to perform duties.
Recommendation of the Administrative Law Judge - Dismiss appeal with
prejudice
ACTION: The Merit System Board modified the recommendation of
the Administrative Law Judge to dismiss without prejudice.
A-3 ELIZABETH HARRIS
Elizabeth Harris, Human Services Assistant, Greystone Park
Psychiatric Hospital, Department of Human Services, release
at the end of the working test period effective October 22,
2002.
Recommendation of the Administrative Law Judge - Uphold
the release at the end of the working test period.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-4 CYNTHIA MCALLISTER
Cynthia McAllister, County Correction Officer, County of Union,
Department of Public Safety, ten-day suspension on charges
of insubordination and neglect of duty.
Recommendation of the Administrative Law Judge - Reverse
the ten-day suspension.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-5 LUIS OSORIO
Luis Osorio, Police Officer, City of Newark, Police Department,
1) 30-day suspension on charges of conduct unbecoming a public
employee and violation of Police department rules regarding
conduct and language. 2) five-day suspension on the charge
of neglect of duty.
Recommendation of the Administrative Law Judge - Modify
the 30-day suspension to a 20-day suspension. It appears that
the Administrative Law Judge, prior to hearing, dismissed the
five-day suspension as a minor discipline.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-6 CLAY A. SHEPHERD
Clay A. Shepherd, Police Lieutenant, City of Burlington, Police
Department, five-day (12 hour days) suspension on charges of
incompetency, inefficiency or failure to perform duties and
violation of various Police Department rules.
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-7 JARRED THOMPSON
Jarred Thompson, Support Services Representative Trainee, Department,
of Transportation, release at the end of the working test period
May 4, 2003.
Recommendation of the Administrative Law Judge - Uphold
the release at the end of the working test period.
ACTION: The Merit System Board affirmed the recommendation of the Administrative
Law Judge.
A-8 KENYA GRAYSON
Kenya Grayson, Youth Worker, Juvenile Justice Commission, Department of Law
and Public Safety, removal effective May 31, 2000, on charges of conduct unbecoming
a public employee, neglect of duty and violation of rules regarding failure
to follow policy and procedures.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative
Law Judge.
A-9 RAYMOND HALLOCK
Raymond Hallock, Police Officer, Township of Lakewood, Police Department, two
removals effective immediately one removal on charges of conduct unbecoming
a public employee, violation of New Jersey motor vehicle laws and the second
removal on the charge of 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.
A-10 BRUCE NORMAN
Bruce Norman, Police Sergeant, City of Asbury Park, Department of Public Safety,
removal effective immediately on charges of violation of rules regarding obedience
to laws and regulations, insubordination, alcoholic beverages and drugs, and
physical fitness 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-11 FRANK HOFFMAN
Frank Hoffman, Correction Sergeant, County of Hudson, Department of Public
Safety, removal effective March 23, 2001, on charges of conduct unbecoming
a public employee and neglect of duty.
This matter was previously presented to the Merit System Board at its regular
meeting of April 5, 2004.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative
Law Judge.
A-12 FLEMICA PYGUM
Flemica Pygum, Human Services Assistant, Hunterdon Developmental Center, Department
of Human Services, removal effective June 15, 2002, on the charge of physical
abuse of a client.
This matter was previously presented to the Merit System Board at its regular
meeting of March 24, 2004.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative
Law Judge.
SECTION B - MISCELLANEOUS MATTERS
B-1 GARY PARKS
Gary Parks appeals the removal of his name from the eligible
list for Correction Officer Recruit (S9999D) on the basis of
psychological unfitness.
ACTION: The Merit System Board directed that this appeal be
denied.
B-2 IVETTE ARCE
Ivette Arce, 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
denied.
B-3 BRUNO FALVO
Bruno Falvo, a Teacher 1, 12 Months, with the Juvenile Justice
Commission, Department of Law and Public Safety, represented
by Paul A. Devlin, Esq., appeals the denial of sick leave injury
(SLI) benefits.
ACTION: The Merit System Board directed that this appeal be
denied.
B-4 ANNELIESE GARCIA
Anneliese Garcia, a Human Services Assistant with New Lisbon
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
granted.
B-5 KATHLEEN LARASON
Kathleen Larason, a Technical Assistant 2 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-6 LIA MCRAE
Lia McRae, a Head Audit Account Clerk with the Division of Youth
and Family Services, Department of Human Services, represented
by Laurie Taylor, Staff Representative, CWA Local 1037, appeals
the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be
denied.
B-7 DEIRDRE PETERS
Dierdre Peters, a Taxpayer Service Representative 3 with the
Department of the Treasury, represented by Jesse J. Averhart,
CWA Local 1033, appeals the denial of sick leave injury (SLI)
benefits.
ACTION: The Merit System Board directed that this appeal be
granted.
B-8 DIANE ROBINSON
Diane Robinson, a Cottage Training Technician at the Vineland
Developmental Center, Department of Human Services (DHS), appeals
the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be
denied.
B-9 CECIL SMITH
Cecil Smith, a Senior Correction Officer, Juvenile Justice with
the Juvenile Justice Commission, represented by Vasiliki Pagidas,
Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be
denied.
B-10 TIMOTHY ANDERSON
The appointing authority appeals the decision of Human Resource
Information Services (HRIS) which found that it had not presented
a sufficient basis to remove the name of Timothy Anderson from
the special reemployment list for Tenant Interviewer, Plainfield
Housing Authority.
ACTION: The Merit System Board directed that this appeal be
granted and Timothy Anderson’s name be removed from the
special reemployment list for Tenant Interviewer, Plainfield
Housing Authority.
B-11 BAZYT BERGUS
Bazyt Bergus appeals the decision of Human Resource Information
Services, which upheld the removal of his name from the Police
Lieutenant (PM2599A), City of Newark, eligible list, based on
an unsatisfactory employment record.
ACTION: The Merit System Board directed that this appeal be
denied.
B-12 JEANNETTA E. DAVIS
Jeannetta E. Davis appeals the appointing authority’s
request to remove her name from the eligible list for Human Services
Specialist 1 (C0157D), Monmouth County.
ACTION: The Merit System Board directed that this appeal be
denied.
B-13 JOHN FOLLO
John Follo, represented by William D. Sayers, Esq., appeals
the decision of Human Resource Information Services which upheld
the bypass of his name on the June 14, 2002 certification for
County Correction Lieutenant (PC3005C), Union County, eligible
list.
ACTION: The Merit System Board directed that this appeal be
denied.
B-14 IRVING FREDERICK GREVIOUS
Irving Frederick Grevious, a Correction Sergeant with the Department
of Corrections, appeals the decision of Human Resource Information
Services, which upheld the removal of his name from the list
for Correction Lieutenant (PS6320I), Based on his unsatisfactory
employment record.
ACTION: The Merit System Board directed that this appeal be
denied.
B-15 RASHEEDAH HARGROVE
Rasheedah Hargrove appeals the decision of Human Resource Information
Services which removed her name from the eligible list for County
Correction Officer (S9999D), Essex County, due to the appellant’s
failure to appear for her interview.
ACTION: The Merit System Board directed that this appeal be
granted.
B-16 MILTON P. HILL, JR.
Milton P. Hill, Jr. represented by D. William Subin, Esq., appeals
the removal of his name from the County Correction Officer (S9999D),
Atlantic County eligible list on the basis that he falsified
his employment application.
ACTION: The Merit System Board dismissed the appeal as moot.
B-17 PATRICIA HIPKINS CARR
Patricia Hipkins Carr appeals the decision of Human Resource
Information Services, which upheld her bypass on the open competitive
eligible list for Family Service Worker (C0235D), County of Essex.
ACTION: The Merit System Board directed that this appeal be
denied and the appellant’s name be removed from the Family
Service Worker (C0235D), County of Essex eligible list.
B-18 JOSE RIVERA
Jose Rivera appeals the decision of the appointing authority
to remove his name from the eligible list for Delivery worker
(C6840E), Passaic County based on an inability to communicate
effectively in English in order to perform the duties of the
position.
ACTION: The Merit System Board directed that this appeal be
granted.
B-19 MARK SAUNDERS
Mark Saunders, represented by Sharon A. King, Esq., appeals
the decision of the appointing authority to remove his name from
the Police Officer (M1836M), City of Camden eligible list, due
to an unsatisfactory criminal record and requests enforcement
of the Merit System Board’s order in In the Matter of Mark
Saunders (MSB, decided May 15, 2002).
ACTION: The Merit System Board granted a hearing.
B-20 OFFICE SUPERVISOR (PM0834C), CITY OF NEWARK
The appointing authority request permission not to make an appointment
from the certification for Office Supervisor (PM0834C), City
of Newark.
ACTION: The Merit System Board granted the request for an appointment
waiver but assessed costs.
B-21 RECREATION PROGRAM SPECIALIST (M0139D), CITY OF TRENTON
The appointing authority’s failure to properly dispose
of the certification for Recreation Program 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-22 VOCATIONAL COUNSELOR, CORRECTIONS (S0159E), DEPARTMENT OF
CORRECTIONS
The Department of Corrections requests permission not to make
an appointment from the certification for Vocational Counselor
(S0159E), Department of Corrections.
ACTION: The Merit System Board granted the request for appointment
waiver and directed that selection costs be presently deferred.
B-23 JEFFREY JOHNSON
Jeffrey Johnson, a Trooper with the Division of State Police,
Department of Law and Public Safety (DL&PS), appeals the
determination of the Deputy Chief of Staff or DL&PS, stating
that the appellant failed to present sufficient evidence to support
a finding that he had been subjected to a violation of the New
Jersey State Policy Prohibiting Discrimination, Harassment or
Hostile Environments in the Workplace.
ACTION: The Merit System Board directed that this appeal be
denied.
B-24 JANE LYONS
Jane Lyons, a Senior Engineer with the Department of Transportation
(DOT), appeals the determination of the Deputy Commissioner of
the DOT, stating that the appellant failed to present sufficient
evidence to support a finding that she had been subjected to
violations of the New Jersey State Policy Prohibiting Discrimination,
Harassment or Hostile Environments in the Workplace.
ACTION: The Merit System Board directed that this appeal be
denied.
B-25 THOMAS NOEL
Thomas Noel, a Crew Supervisor, Highway Maintenance, with the
Department of Transportation (DOT), represented by Paul Pologruto,
CWA Local 1032, appeals the determination of the Division of
Civil Rights and Affirmative Action, with the DOT, stating that
there was sufficient evidence to support a finding that the appellant
had subjected Job Austin, a Maintenance Worker 1, Transportation,
with the DOT, to violations of the New Jersey State Policy Prohibiting
Discrimination, Harassment or Hostile Environments in the Workplace.
ACTION: The Merit System Board directed that this appeal be
denied.
B-26 FRANK SLANEY
Frank Slaney, a Senior Correction Officer with Southern State
Correctional Facility, Department of Corrections, represented
by John A. Moustakas, Esq., requests back pay for the period
of his indefinite suspension pending criminal charges.
ACTION: The Merit System Board directed that this appeal be
denied.
B-27 AURORA GARCIA
Aurora Garcia, a Supervisor of Nurses with the Department of
Human Services, Mercer County, represented by Charles F. Szymanski,
Esq., petitions the merit System Board for reconsideration of
the final determination rendered August 15, 2003, by the Director
of Merit System Practices and Labor Relations denying her request
for a hearing.
ACTION: The Merit System Board denied the request for reconsideration.
B-28 DELLA HANSOM
Della Hansom, a Secretarial Assistant 1, Non-Steno, Deaf Language
Specialist with the Marie H. Katzenbach School for the Deaf,
Department of Education petitions the Merit System Board for
reconsideration of the final administrative determination, rendered
May 28, 2003, denying her appeal for sick leave injury (SLI)
benefits.
ACTION: The Merit System Board granted the request for reconsideration.
B-29 DONNA STROMAN
Donna Stroman, a Senior Correction Officer with the Juvenile
Justice Commission, represented by Charles J. Sciarra, Esq.,
petitions the Merit System Board for reconsideration of the final
administrative determination, rendered December 1, 2003, by the
Director of Merit System Practices and Labor Relations denying
her request for a hearing.
ACTION: The Merit System Board denied the request for reconsideration.
B-30 GLADYS TOMBOYA
Gladys Tomboya, a Human Services Technician with the New Jersey
Veterans’ Memorial Home at Paramus, Department of Military
and Veterans’ Affairs, petitions the Merit System Board
for reconsideration of the decision, rendered on February 11,
2004, in which the Board denied her request to reinstate her
appeal of her removal.
ACTION: The Merit System Board denied the request for reconsideration.
B-31 ANNA DELUCCIA
Anna DeLuccia, Senior Correction Officer, Edna Mahan Correctional
Facility, Department of Corrections, requests Merit System Board
review of an official written reprimand.
ACTION: The Merit System Board directed that this appeal be
granted
B-32 THOMAS CURTIS
The appeal of Thomas Curtis, a Sheriff’s Officer with
the Hudson County Sheriff’s Department, of his removal,
effective October 26, 2001, on charges, was heard by Administrative
Law Judge Sandra Ann Robinson (ALJ), who rendered her initial
decision on March 18, 2004, upholding the removal. AT its meeting
On May 5, 2004, 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-33 FRANKLIN FRIERSON
The appeal of Franklin Frierson, a Custodial Worker with the
Newark School District, of his removal, effective April 5, 2001,
on charges, was heard by Administrative Law Judge Mumtaz Bari-Brown
(ALJ), who rendered her initial decision on February 11, 2004.
At its meeting on May 5, 2004, the Merit System Board did not
adopt the ALJ’s recommendation to uphold the removal. Rather,
the Board ordered that the matter be remanded to the Office of
Administrative Law. The proposed decision is now submitted for
the Board’s review.
ACTION: The Merit System Board adopted the decision.
B-34 CHESTER SOLOWIEJ
The appeal of Chester Solowiej, a Police Officer with the city
of Newark, of his 10-day suspension on charges, was heard by
Administrative Law Judge Maria Mancini LaFiandra (ALJ), who rendered
her initial decision on March 31, 2004 recommending that the
appeal be dismissed for lack of jurisdiction. At its meeting
on May 5, 2004, 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 ANTHONY TORTORELLA
The appeal of Anthony Tortorella, a Police Officer with the
City of Orange Police Department, of his removal effective May
31, 2002, on charges, was heard by Administrative Law Judge Mumtaz
Bari-Brown (ALJ), who rendered his initial decision on February
24, 2004. At its meeting on May 5, 2004, the Merit System Board
adopted the ALJ’s recommendation to uphold the removal.
The proposed final decision is not submitted for the Board’s
review.
ACTION: The Merit System Board adopted the final decision.
B-36 NAFAEESA WILLIAMS
The appeal of Nafaeesa Williams, a County Correction Officer
with Burlington County, of her 10-day suspension on charges was
heard by Administrative Law Judge Donald J. Stein (ALJ), who
rendered his initial decision on March 30, 2004. At its meeting
on May 5, 2004, the Merit System Board adopted the ALJ’s
recommendation to uphold the charges but impose no further penalty.
The proposed decision is now submitted for the Board’s
review.
ACTION: The Merit System Board adopted the decision.
B-37 RAUL ACEVEDO JR. AND LEWIS F. WILSON
Raul Acevedo Jr. and Lewis F. Wilson 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 Communications Officer (S0188E).
ACTION: The Merit System Board directed that these appeals be
denied.
B-38 PADMANABHA AMIN AND GUY HILL
Padmanabha Amin and Guy Hill appeal the determination of the
division of Selection Services which found that they did not
meet the experience requirements for the promotional examination
for Supervising Highway Engineer 2, Traffic (PS7036T), Department
of Transportation.
ACTION: The Merit System Board directed that these appeals be
denied.
B-39 DAVID ASSAD
David Assad 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 Habilitation Plan Coordinator
(S0176E).
ACTION: The Merit System Board directed that this appeal be
granted.
B-40 MICHELLE BARTHELEMY
Michelle Barthelemy appeals the determination of the Division
of Selection Services, which found that she was below the minimum
requirements in experience for the promotional examination for
Administrative Analyst 2 (PS6127K), Arthur Brisbane Child Treatment
Center.
ACTION: The Merit System Board directed that this appeal be
granted.
B-41 ROBERT BASCOU AND UTHAN BILLS
Robert Bascou and Uthan Bills 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 2, DMV (PS8347T), Department of Transportation.
ACTION The Merit System Board directed that these appeals be
denied.
B-42 WILLIAM BLACKEWLL, ET AL.
William Blackwell, Richard Dyal and Daniel Scott appeal the
determinations of the Division of Selection Services, which found
that they did not meet the experience requirements for the promotional
examination for Parks Maintenance Specialist 2 (PS7717G), Division
of Parks and Forestry, Department of Environmental Protection.
ACTION: The Merit System Board directed that these appeals be
denied.
B-43 LALITA I. BRATHWAITE
Lalita I. Brathwaite 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 open competitive examination for Senior Income Maintenance
Technician (S0131E).
ACTION: The Merit System Board directed that this appeal be
denied.
B-44 MOLLY CARROLL, ET AL.
Molly Carroll, Ian DeHaven, Marci D’Errico, Patricia Hartenstine,
Julie Smith, Dina Tsivikis, and Ashley Wargo appeal the determination
of the Division of Selection Services, which found that they
did not meet the experience requirements for the open competitive
examination for Program Development Specialist 3 (Corrections)
(S6663E), Department of Corrections.
ACTION: The Merit System Board directed that these appeals be
denied.
B-45 MIRIAM CLAUDIO-GAUTIER, ET AL.
Miraim Claudio-Gautier, Rhae Johnson, Linda Leonard, Maryann
Linnell appeal the determination of the Division of Selection
Services which found that, per the substitution clause for education,
they were below the minimum requirements in experience for the
promotional examination for Administrative Analyst 4 (Data Processing)
(PS5435K), Division of Youth and Family Services.
ACTION: The Merit System Board directed that these appeals be
denied.
B-46 CARMELLA CONN AND KAREN WOLFGANG
Carmella Conn and Karen Wolfgang appeal the determination of
the Division of Selection Services which found that, per the
substitution clause for education, they did not meet the experience
requirements for the promotional examination for Administrative
Assistant 2 (PS7640J), Rowan University.
ACTION: The Merit System Board directed that these appeals be
denied.
B-47 MICHAEL A. CULLINANE, ET AL.
Michael A. Cullinane, Bhagwan Dass, Peter J. Kachur, Erick B.
Kiefer and Marsha M. Lau 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 Business Manager 1 (S4100E). James A. Kopcho appeals the
decision of the Division of Selection Services, which found that
he did not meet the education and experience requirements for
the open competitive examination for Business Manager 1 (S4100E).
ACTION: The Merit System Board directed that these appeals be
denied.
B-48 ELIZABETH DECELLO ET AL.
Elizabeth DeCello and Bette DeMarco appeal the determination
of the Division of Selection Services which found that, per the
substitution clause for education, they did not meet the experience
requirements for the promotional examination for Executive Assistant
2 (PS8728T), Department of Transportation. John Dourgarian appeals
the determination of the Division of Selection Services, which
found that he did not meet the experience requirements for the
promotional examination for Executive Assistant 2 (PS8728T),
Department of Transportation.
ACTION: The Merit System Board directed that these appeals be
denied.
B-49 JOSEPH DELAPO
Joseph DeLapo appeals the determination of the Division of Selection
Services, which found that he was below the minimum requirements
in experience for the open competitive examination for Tree Climber
(M6303E), Ewing Township.
ACTION: The Merit System Board directed that this appeal be
granted.
B-50 KAREN FARRELL
Karen Farrell appeals the determination of the Division of Selection
Services, which found that she was below the minimum requirements
in experience for the promotional examination for Public Health
Representative 1 (PS7360H), Department of Health and Senior Services.
ACTION: The Merit System Board directed that this appeal be
denied.
B-51 RITA FISHER
Rita Fisher 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 Program Coordinator
Mental Health (S0064D), Department of Human Services. It is noted
that this matter was held over from the May 5, 2004 Board meeting.
ACTION: The Merit System Board directed that this appeal be
granted.
B-52 MIRYAM FONKEN, ET AL.
Miryam Fonken, Janet McDaniel, George Putykewycz, and Thomas
Wieme, Pro se, and Robert S. Calcagno, represented by Peter J.
Scandariato, Esq., appeal the determination of the Division of
Selection Services, which found that they did not meet the experience
requirements for the promotional examination for Assistant Administrative
Supervisor of Family Services (PC0228E), Passaic County Board
of Social Services.
ACTION: The Merit System Board directed that these appeals be
denied.
B-53 BARBARA FRASNELLI
Barbara Frasnelli 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 Executive Assistant 3 (PS6933K),
Division of Youth and Family Services.
ACTION: The Merit System Board directed that this appeal be
granted.
B-54 CLAUDIA FUNARO
Claudia Funaro appeals the determination of the Division of
Selection Services, which found that she did not meet the minimum
requirements for the open competitive examination for Public
Health Consultant 2, Nursing (S0212E), Department of Health and
Senior Services.
ACTION: The Merit System Board directed that this appeal be
denied.
B-55 SHIRLEY A. GAINOR
Shirley A. Gainor 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 Assistant Personnel Officer (C0295D), Hudson County.
ACTION: The Merit System Board directed that this appeal be
granted.
B-56 DONNA GALARZA
Donna Galarza 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 (PS6127K),
Arthur Brisbane Child Treatment Center.
ACTION: The Merit System Board directed that his appeal be denied.
B-57 DIANE GIORDANO
Diane Giordano appeals the determination of the Division of
Selection Services, which found that she did not meet the education
and experience requirements for the open competitive examination
for Paralegal Technician 2 (S0165E).
ACTION: The Merit System Board directed that this appeal be
granted.
B-58 RICHARD GOODMAN
Richard Goodman appeals the determination of the Division of
Selection Services that found that he did not meet the education
and experience requirements for the promotional examination for
Communications Systems Technician 1 (PS7836K), New Lisbon Developmental
Center.
ACTION: The Merit System Board directed that this appeal be
granted.
B-59 JACQUELINE HOLMES-JOHNSON
Jacqueline Holmes-Johnson appeals the determination of the Division
of Selection Services, which found that she did not meet the
education requirements for the open competitive examination for
Paralegal Technician 2 (S0165E).
ACTION: The Merit System Board directed that this appeal be
denied.
B-60 JOSEPH L. HUFF AND ANNE P. TRETHEWAY
Joseph L. Huff and Anne P. Tretheway appeal the determinations
of the Division of Selection Services which found that, per the
substitution clause for education, they did not meet the announced
experience requirements for the promotional examination for Social
Worker (PC1468C), Union County.
ACTION: The Merit System Board directed that these appeals be
denied.
B-61 AGNES HUSZTI
Agnes Huszti appeals the determination of the Division of Selection
Services, with found that she was below the minimum requirements
in experience for the promotional examination for Administrative
Analyst 1 (Fiscal Management) (PS8023I), State Parole Board.
ACTION: The Merit System Board directed that this appeal be
granted.
B-62 SUSAN A. JURDEN AND MARK A. O’SULLIVAN
Susan A. Jurden and Mark A. O’Sullivan appeal the determination
of the Division of Selection Services, which found that they
did not meet the minimum requirements for the open competitive
examinations for Quality Assurance Specialist, Health Services
(S9213E), Department of Health and Senior Services.
ACTION: The Merit System Board directed that these appeals be
denied.
B-63 JEROME F. KILKENNY AND TANYA L. TIMM
Jerome F. Kilkenny and Tanya L. Timm appeal the determinations
of the Division of Selection Services, which found that they
failed to submit with their applications the required college
or university transcript or list of courses and credits required
for the open competitive examination for Accountant 2 (S0160E),
State of New Jersey.
ACTION: The Merit System Board directed that these appeals be
denied.
B-64 JENNIFER A. LISI
Jennifer A. Lisi 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 Habilitation Plan Coordinator
(S0176E).
ACTION: The Merit System Board directed that this appeal be
denied.
B-65 CHRISTOPHER LYNCH
Christopher Lynch appeals the determination of the Division
of Selection Services that he was ineligibile for the promotional
examination for County Correction Sergeant (PC2630D), Sussex
County.
ACTION: The Merit System Board directed that this appeal be
denied.
B-66 VALARIE M. MAZUR AND CAROL WILSON
Valarie M. Mazur and Carol Wison appeal the decision of the
Division of Selection Services that found that, per the substitution
clause for education, they were below the minimum requirements
in experience for the promotional examination for Senior Management
Assistant (PS7202P), Department of Law and Public Safety.
ACTION: The Merit System Board directed that these appeals be
granted,
B-67 SEAN MCLAUGHLIN
Sean McLaughlin 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 Paralegal
Technician 2 (S0165E).
ACTION: The Merit System Board directed that this appeal be
denied.
B-68 EDWARD MELTON
Edward Melton appeals the determination of the Division of Selection
Services, which found that he did not meet the educational requirements
for a provisional appointment to the title of Assistant Engineer,
Traffic, Department of Transportation.
ACTION: The Merit System Board directed that this appeal be
denied.
B-69 BERNARD MONKS
Bernard Monks appeals the determination of the Division of Selection
Services, which found that he was below the minimum requirements
in experience for the open competitive examination for Director
of Social Rehabilitation Services (C6934E), Salem County.
ACTION: The Merit System Board directed that this appeal be
denied.
B-70 KATHY NEILL
Kathy Neill 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 technician Management Information
Systems (PS7296K), Woodbine Developmental Center.
ACTION: The Merit System Board directed that this appeal be
denied.
B-71 SHARON ROSENBERGER-MUGRAUER AND JACQUELINE SMITH
Sharon Rosenberger-Mugrauer 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 Executive Assistant 3 (PS6933K),
Division of Youth and Family Services. Jacqueline Smith appeals
the determination of the Division of Selection Services, which
found that she did not meet the experience requirements for the
promotional examination for Executive Assistant 3 (PS6933K),
Division of Youth and Family Services.
ACTION: The Merit System Board directed that these appeals be
denied.
B-72 DANA RYBA
Dana Ryba appeals the decision of the Division of Selection
Services, which found that she did not meet the experience requirements
for the promotional examination for Technical Program Assistant
(Personnel) (PS7019K), Division of Mental Health Services.
ACTION: The Merit System Board directed that this appeal be
granted.
B-73 PAUL S. SAYAH AND HEMANT SHAH
Paul S. Sayah and Hemant Shah appeal the determinations of the
Division of Selection Services, which found that they were below
the minimum requirements in education and experience and/or did
not proved an evaluated foreign transcript for the open competitive
examination for Administrative Analyst 2, Data Process, (C6787D),
Monmouth County.
ACTION: The Merit System Board directed that these appeals be
denied.
B-74 CLAIRE SOVA
Claire Sova appeals the decision of the Division of Selection
Services that found that she did not meet the experience requirements
for the promotional examination for Administrative Clerk (PM0465D),
Jersey City School District.
ACTION: The Merit System Board directed that this appeal be
denied.
B-75 SUSAN STAFFORD-SMITH
Susan Stafford-Smith appeals the determination of the Division
of Selection Services, which found that she was below the minimum
requirements in education for the open competitive examination
for Geographic Information Systems Specialist Trainee (S6642E).
ACTION: The Merit System Board directed that this appeal be
granted in part.
B-76 ELAINE SUEHNHOLZ
Elaine Suehnholz appeals the determination of the Division of
Selection Services, which found that she did not meet the minimum
requirements for the open competitive examinations for Quality
Assurance Specialist, Health Services (S9213E) and Public Health
Consultant 2, Nursing (S0212E), Department and Health and Senior
Services.
ACTION: The Merit System Board directed that the appeal for
Public Health Consultant 2 Nursing (S0212E) be granted but denied
the appeal for Quality Assurance Specialist, Health Services
(S9213E).
B-77 MAGALY C. WALESKI
Magaly C. Waleski 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 open competitive examination for Assistant Personnel
Officer (C0295D), Hudson County.
ACTION: The Merit System Board directed that this appeal be
denied.
B-78 BEULAH M. WARREN, ET AL.
Beulah M. Warren, Brenda Adcock, Deborah L. DeLa Cretaz, Ellie
E. Fornarotto, Barbara Grossett, Gerald Sainsot, and Jane L.
Shepherd, represented by Rosemarie Cipparulo, Esq., petitions
the Merit System Board for reconsideration of the its final administrative
decision in In the Matter of Beulah M. Warren, et al., Field
Representative, Housing, Housing Assistance Program (S0512B),
Department of Community Affairs (Merit System Board, decided
September 24, 2001), which found that they lacked the requisite
education and experience and that their names were therefore
appropriately removed from the eligible list for Field Representative,
Housing, Housing Assistance Program (S0512B), Department of Community
Affairs.
ACTION: The Merit System Board denied the request for reconsideration.
B-79 PALMER ASKIN
Palmer Askin appeals his score on the promotional examination
for Truck Driver Single Axle (PS1064T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be
denied.
B-80 PATRICIA GREENE
Patricia Greene appeals her rank and score for the promotional
examination for Principal Clerk Typist (PC1190C), Ocean County.
ACTION: The Merit System Board directed that this appeal be
denied.
B-81 NICHOLAS HANDO
Nicholas Hando appeals his score on the promotional examination
for Equipment Operator Roads (PC1874D), Ocean County.
ACTION: The Merit System Board directed that this appeal be
denied.
B-82 JAMES MCKAY
James McKay appeals his score on the promotional examination
for Equipment Operator Roads (PC1874D), Ocean County.
ACTION: The Merit System Board directed that this appeal be
denied.
B-83 ROBERT MITTEN, ET AL.
Robert Mitten, Eric Spierer and George Wright appeal their scores
on the promotional examination for Correction Lieutenant (PS7894P),
Juvenile Justice Commission.
ACTION: The Merit System Board directed that these appeals be
granted in part.
B-84 HUSSEIN ODEH
Hussein Odeh appeals his score on the promotional examination
for Supervising Librarian (PM2024D), Jersey City.
ACTION: The Merit System Board directed that this appeal be
denied.
B-85 CHRISTOPHER PESCI
Christopher Pesci appeals his score for the written teamwork
portion of the examination for Fire Fighter (M9999E).
ACTION: The Merit System Board directed that this appeal be
denied.
B-86 CRUZ PRIMITIVO
Cruz Primitivo appeals his score on the open competitive examination
for Administrative Analyst 1 (S3014E).
ACTION: The Merit System Board directed that this appeal be
denied.
B-87 CARLOS SANTIAGO AND NOLAN WALLS
Carlos Santiago and Nolan Walls appeal their scores for the
physical performance portion of the Fire Fighter (M9999E) examination.
ACTION: The Merit System Board directed that these appeals be
denied.
B-88 ELIZABETH WALLACH
Elizabeth Wallach appeals her rank and score on the promotional
examination for Senior Environmental Specialist, Air Pollution
Control (PS8400G), Department of Environmental Protection.
ACTION: The Merit System Board directed that this appeal be
denied.
B-89 MARK WHELAN
Mark Whelan appeals his score for the physical performance portion
of the fire Fighter (M9999A) examination.
ACTION: The Merit System Board directed that this appeal be
denied.
B-90 JIM BANTIN
Jim Bantin, represented by Sheree Kelly, Esq., appeals the denial
of his request for a make-up examination for the second written
portion of the examination for Fire Fighter (M9999D), various
jurisdictions.
ACTION: The Merit System Board directed that this appeal be
denied.
B-91 JOHN CAPACCIO
John Capaccio, represented by Curtiss Jameson, Esq., requests
a make-up examination for Supervisor Parks (PC0812D) Essex County.
ACTION: The Merit System Board granted the request.
B-92 MICHAEL DEORIO
Michael DeOrio appeals the denial of his request for a make-up
examination for the second written portion of the examination
for Fire Fighter (M9999D), various jurisdictions.
ACTION: The Merit System Board directed that this appeal be
denied.
B-93 MICHAEL PAPARONE
Michael Paparone appeals the denial of his request for a make-up
examination for the second written portion of the examination
for Fire Fighter (M9999D), various jurisdictions.
ACTION: The Merit System Board directed that this appeal be
denied.
B-94 JAMES ANDERSONN
James Andersonn appeals the administration of the physical performance
portion of the open competitive examination for Fire Fighter
(M9999E).
ACTION: The Merit System Board directed that this appeal be
denied.
B-95 IBN BROWN
Ibn Brown appeals the administration of the physical performance
portion of the open competitive examination for Fire Fighter
(M9999E).
ACTION: The Merit System Board directed that this appeal be
denied.
B-96 THOMAS MULDROW
Thomas Muldrow appeals the administration of the physical performance
portion of the open competitive examination for Fire Fighter
(M9999E).
ACTION: The Merit System Board directed that this appeal be
denied.
B-97 BINDU R. SHAH
Bindu R. Shah appeals her below minimum rating on the written
part 1 of the promotional examination for Social Worker (PC1468C),
Union County.
ACTION: The Merit System Board directed that this appeal be
denied.
B-98 THELMA BALDWIN
Thelma Baldwin appeals the validity of the promotional examination
for Human Services Specialist 2 (PC1432D), Monmouth County.
ACTION: The Merit System Board directed that this appeal be
denied.
B-99 MARY WIMBERLY
Mary Wimberly appeals the validity of the promotional examination
for Head Cottage Training Supervisor (PS4049K), North Jersey
Developmental Center.
ACTION: The Merit System Board directed that this appeal be
denied.
B-100 MIGUEL VELEZ
Miguel Velez requests that the provisions of N.J.A.C. 4A:4-2.6(a)(4)
be relaxed to accept his late application postmarked after the
announced closing date for Carpenter (C6974E), Union County.
ACTION: The Merit System Board granted the request.
B-101 LORRAINE DELPALAZZO
The Juvenile Justice Commission appointing authority petitions
the Merit System Board for reconsideration of the decision rendered
on February 11, 2004 in which Lorraine DelPalazzo’s request
for admittance to the examination for Administrative Assistant
3 (PS71715P), Juvenile Justice Commission, was denied.
ACTION: The Merit System Board granted the request.
B-102 MICHAEL GALANO
On behalf of Michael Galano, the Division of Human Resource
Information Services, requests that Mr. Galano’s seniority
score be changed as a result of a Settlement Agreement and that
the eligible list for Police Lieutenant (PM2592A), Jersey City,
be revived to appoint him from the next request certification.
ACTION: The Merit System Board granted the request.
B-103 LAURIN STAHL
Laurin Stahl appeals her score on the open competitive examination
for Administrative Analyst 1 (S3014E).
ACTION: The Merit System Board directed that this appeal be
denied.
B-104 ABDUL RAHMAN SALEEM
In its recent decision, In the Matter of Abdul Rahman Saleem
v. the Merit System Board and the County of Essex (App. Div.
Docket No. A-6479-01T2, decided November 14, 2003), the court
reversed and remanded the appeal to the Merit System Board for
the purse of addressing the appellant’s exceptions, which
had been presented to the Board in a March 14, 2002 letter to
the Board, but which were not addressed by the Board in its June
12, 2002 decision.
ACTION: The Merit System Board directed that this appeal be
denied.
B-105 PROPOSED REACSCTION: N.J.A.C. 4A:3 CLASSIFICATION, SERVICES
AND COMPENSATION
It is recommended that N.J.A.C. 4A:3 Classification, Services
and Compensation be readopted without change.
ACTION: The Merit System Board readopted N.J.A.C. 4A:3 without
change.
B-106 STATE VOLUNTARY FURLOUGH PROGRAM
The Commissioner, Department of Personnel, recommends relaxation
of eligibility criteria to extend the voluntary furlough program
up to the end of fiscal year 2005.
ACTION: The Merit System Board granted the request.
B-107 MERIT SYSTEM BOARD MINUTES
The minutes of the Merit System Board meeting of May 5, 2004
are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting
of May 5, 2004.
B-108 JEFFREY SWAN
Jeffrey Swan, represented by Michael D. Miller, appeals the
appointing authority’s request to remove his name from
the Fire Fighter (M2013A), City of Camden eligible list due to
his failure to respond to a Notice of Certification.
ACTION: The Merit System Board directed that this appeal be
granted in part.
B-109 TOMAS JIMENEZ
Tomas Jimenez, a former Laborer with the Township of West New
York, appeals his separation from employment, effective December
22, 2003.
ACTION: The Merit System Board granted a hearing.
B-110 RONALDO SANTIAGO
Ronaldo Santiago, a Police Officer with the City of Camden,
represented by John P. Morris, Esq., petitions the Merit System
Board for interim relief in relation to his immediate suspension.
ACTION: The Merit System Board denied the request for interim
relief.
B-111 WILLIAM O’MALLEY AND ANTHONY STRICKLAND
William O’Malley and Anthony Strickland appeal the determination
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 Building Management Services
Specialist 1 (S6710E).
ACTION: The Merit System Board directed that these appeals be
granted.
B-112 PHILLIP FOX, ET AL.
The City of Bridgeton requests that the provisions of N.J.A.C.
4A:4-7.1A(c) be relaxed in order to process the Intergovernmental
Transfer of Phillip Fox, Issac Marcano, and Christopher Wright
from the title of Sheriff’s Officer, Salem County and Jules
Mairoano and Brian Sprowl from the title of Sheriff’s Officer,
Gloucester County, to the title of Police Officer, City of Bridgeton.
ACTION: The Merit System Board granted the request, with the
exception of Jules Mairoano, which was withdrawn.
B-113 EARLY SETTLEMENTS
Geneva Blake
Judiciary
Essex County
Removal
Vilma Celera
Montclair State University
Suspension
Keith King
Newark School District
Removal
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, June 9, 2004
at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
______________________________
IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD
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