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Robert M. Czech, Chairperson
Robert E. Brenner
Thomas J. Perna
Richard E. Williams
May 16, 2012
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A regular meeting of the Civil Service Commission was held on Wednesday, May 16, 2012, in Trenton, New Jersey.
PRESENT: Robert M. Czech, Chairperson, Members Robert E. Brenner, Thomas J. Perna and Richard E. Williams; Pamela Ullman, Deputy Attorney General; Henry Maurer, Director, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, the Secretary to the Civil Service Commission opened the meeting with the following statement:
Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on November 28, 2011, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified.
DISMISSAL FOR FAILURE TO APPEAR
The Civil Service Commission dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:
Wayne Awald, Principal Planner, City of Plainfield, Department of Public Works and Urban Development, layoff 2010.
Errol Collins, Income Maintenance Technician, Department of Health and Senior Services, removal.
Ivette Fagundo, Judiciary Clerk 2, Superior Court of New Jersey - Middlesex Vicinage, release at the end of the working test period.
Susan Franko, Registered Environmental Health Specialist, City of Plainfield, Department of Administration and Finance, layoff 2010.
Najee Jenkins, Public Safety Telecommunicator, City of Trenton, Police Department, suspension.
Monica Johnson, Senior Program Analyst, City of Plainfield, Department of Public Works and Urban Development, layoff 2010.
Jessica Muhammad, Principal Clerk Typist, City of Plainfield, Department of Public Works and Urban Development, layoff 2010.
Elyse Regis, Graduate Nurse, Hudson County, Department of Corrections, release at the end of the working test period.
Adam Shang, Judiciary Clerk 2, Superior Court of New Jersey - Middlesex Vicinage, release at the end of the working test period.
George Warrington, Senior Correction Officer, South Woods State Prison, Department of Corrections, removal.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Patricia Ackley, Senior Probation Officer, Superior Court, Atlantic County Vicinage, suspension.
Stephen Alaimo, Correction Lieutenant, New Jersey State Prison, Department of Corrections, suspension.
Michelle L. Aspis, Keyboarding Clerk 2, Holmdel Township, Department of Health and Welfare, layoff.
John Blackmire, Laborer 1, Lakewood Township, Department of Public Works, removal.
Terry O. Booker, General Supervisor Water, City of Trenton, Department of Public Works, removal.
Corey Caldwell, Senior Correction Officer, Adult Diagnostic and Treatment Center, Department of Corrections, removal.
Jaclynne Callands, Senior Clerk Transcriber, City of Plainfield, Department of General Government, layoff.
Kenneth Donahauser, Senior Administrative Analyst, City of Plainfield, Department of Public Works and Urban Development, layoff.
Lisa Ehrhardt, Public Safety Telecommunicator, Township of Parsippany-Troy Hills, Police Department, removal.
Thomas J. Graham, III, Weighmaster, Morris County Utilities Authority, layoff.
Rachel Jackson, Judiciary Clerk 4, Morris/Sussex Vicinage, removal.
Naitwante McKenzie, Receptionist, Burlington County Board of Social Services, suspension.
Merai Pimentel, Police Officer, City of Camden, Police Department, removal.
George Ruiz, Sheriff's Officer, Essex County, Sheriff's Department, suspension.
Steven Soto, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, resignation not in good standing.
Cassandra Smith, Police Captain, City of Camden, Police Department, removal.
Brian Wozniak, County Correction Officer, Department of Public Safety, release at the end of the working test period.
Kimberly Wright, Security Guard, Jersey City School District, suspension.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Shirley Clark
Department of Children and Families
Suspensions (2)
In the Matter of Luis Diaz and Derek Markgraf
East Jersey State Prison
Department of Corrections
Suspension
In the Matter of Kevin Diggs
Hudson County
Department of Parks Engineering and Planning
Suspensions (3)
In the Matter of Kyle Frye
Cumberland County
Department of Corrections
Removal
In the Matter of Caroline B. Johnson
New Lisbon Developmental Center
Department of Human Services
Removal
In the Matter of Tina Larbi
Hunterdon Developmental Center
Department of Human Services
Removal
In the Matter of Irene May
Motor Vehicle Commission
Release at the end of the working test period
In the Matter of Mary Niemiec
Juvenile Justice Commission
Department of Law and Public Safety
Suspension
In the Matter of Nwamaka Onyeogo
Department of Children and Families
Release at the end of the working test period
In the Matter of Ateba Patterson
Trenton Psychiatric Hospital
Department of Human Services
Suspension
In the Matter of Charles Peters
Mercer County
Department of Public Safety
Removal
In the Matter of Noe Saint Juste
Trenton Psychiatric Hospital
Department of Human Services
Suspension
In the Matter of John Schutts
Warren County
Department of Public Safety
Suspension and Demotion
In the Matter of Barry Stewart
Department of Environmental Protection
Removal
In the Matter of Nykechi Taylor
City of Newark
Police Department
Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENTS
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 JEOMAR ALICEA
Jeomar Alicea, Senior Correction Officer, Albert C. Wagner Youth Correctional Facility, Department of Corrections, 30 working day suspension on charges of conduct unbecoming a public employee, other sufficient cause and neglect of duty.
Recommendation of the Administrative Law Judge - Modify the 30 working day suspension to a three working day suspension.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge and imposed a 10 working day suspension.
A-3 JAMES CAPUANO
James Capuano, Senior Correction Officer, Garden State Correctional Facility, Department of Corrections, 60 working day suspension on charges of neglect of duty, other sufficient cause and failure to wear or removing protective vest while on duty.
Recommendation of the Administrative Law Judge - Modify the 60 working day suspension to a five working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-4 STACIE PERCELLA
Stacie Percella, Deputy Registrar Vital Statistics/Principal Clerk Typist, City of Bayonne, Department of Municipal Services, 60 working day suspension, on charges of conduct unbecoming a public employee, misuse of public property and other sufficient cause.
Recommendation of the Administrative Law Judge - Uphold the 60 working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Pern (Yes)
Richard E. Williams (Yes)
A-5 JOHN CHIKOWSKI
John Chikowski, Graduate Nurse, Hudson County, Department of Health and Human Services, removal effective November 30, 2010, on charges of conduct unbecoming a public employee, neglect of duty, unfit for duty and other sufficient cause.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Civil Service Commission directed that this matter be held over for a testimony summary.
A-6 TIANA LOWE
Tiana Lowe, Juvenile Detention Officer, Essex County, Department of Citizen Services, removal effective March 31, 2011, on charges of failure to perform duties, insubordination, conduct unbecoming a public employee, neglect of duty, other sufficient cause and unfit for duty.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-7 DANNY MCCRONE
Danny McCrone, Senior Park Ranger, Middlesex County, Department of Parks and Recreation, removal effective August 31, 2011, on charges of conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-8 DERRICK MCNAIR
Derrick McNair, Hospital Attendant, Hudson County, Department of Health and Human Services, removal effective February 3, 2012, on charges of conduct unbecoming a public employee, neglect of duty, insubordination, other sufficient cause and lateness.
Recommendation of the Administrative Law Judge - Modify the removal to a six-month suspension.
ACTION: The Civil Service Commission rejected the recommendation of the Administrative Law Judge and upheld the removal.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (No)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
A-9 PRECIOUS QUAYE
Precious Quaye, Human Services Assistant, New Lisbon Developmental Center, Department of Human Services, removal effective March 25, 2011, on charges of mental abuse of a client, mistreatment of a client, violation of a rule, regulation, policy, procedure, order or administrative decision, conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-10 ROBERT RUFFIN
Robert Ruffin, Institutional Trade Instructor 2, Ancora Psychiatric Hospital, Department of Human Services, 15-day suspension on a variety of charges.
Recommendation of the Administrative Law Judge - Dismiss the appellant's appeal, sever the PERC matter and return it to that agency for further disposition.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge and adopted the final decision.
SECTION B - MISCELLANEOUS MATTERS
B-1 The Department of Law and Public Safety, Division of State Police, requests the creation of two new variant titles to classify the duties appropriate for the supervision and repair of marine vessels and equipment.
ACTION: The Civil Service Commission directed that this request be granted.
B-2 The Division of State and Local Operations requests that the Human Resource Consultant 4 title be designated as archaic.
ACTION: The Civil Service Commission directed that this request be granted.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-3 ROBBIN CONOVER
Robbin Conover, a Correction Lieutenant at Albert C. Wagner Youth Correctional Facility, Department of Corrections, represented by Samuel M. Gaylord, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted in part.
B-4 RAUL YEPEZ
Raul Yepez, a Senior Correction Officer for Juvenile Justice Commission, represented by Daniel Geddes, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that this appeal be granted in part.
B-5 DONALD MITCHELL
Donald Mitchell, represented by Annette Verdesco, Esq., seeks resolution of a dispute concerning back pay and benefits arising from the decision of the Civil Service Commission, In the Matter of Donald Mitchell (CSC, decided March 16, 2011), which reversed his removal and resignation not in good standing as a County Correction Sergeant with Hudson County.
ACTION: The Civil Service Commission directed that this appeal be granted in part and ordered Hudson County to pay Donald Mitchell $193,047.50 in back pay and compensate him with appropriate benefits.
B-6 RISHI RAKSHPAL
Rishi Rakshpal, a former Code Enforcement Officer with the City of Newark, represented by Sidney H. Lehmann, Esq., petitions the Civil Service Commission for interim relief of his removal.
ACTION: The Civil Service Commission directed that this request be granted in part.
B-7 TATYANA VAYNSHTEYN
Tatyana Vaynshteyn, a former employee in the unclassified Tentative Title, Professional Case, with the Middlesex Vicinage, Superior Court of New Jersey, represented by Linda Geiger Kern, Esq., requests a hearing regarding her removal from employment, effective April 13, 2011.
ACTION: The Civil Service Commission referred this matter to the Office of Administrative Law for a hearing.
B-8 HARRY CREO
Harry Creo, represented by William D. Sayers, Esq., appeals the determination by the Division of State and Local Operations, which found that the appointing authority had presented a sufficient basis to remove his name from the County Correction Officer (S9999H), Essex County eligible list due to falsification of his pre-employment application.
ACTION: The Civil Service Commission directed that this matter be held over.
B-9 CARL JONES
Carl Jones, a former Senior Building Maintenance Worker with Trenton Psychiatric Hospital, represented by Timothy J. Rudolph, President, Local 195, International Federation of Professional & Technical Engineers, requests that the Civil Service Commission reinstate his appeal of his three removals effective September 12, 2011, which were dismissed based on his failure to appear at his early settlement conference.
ACTION: The Civil Service Commission directed that this request be granted.
B-10 KEVIN GRIBBON
The Department of the Treasury requests that the Civil Service Commission authorize the promotion of Kevin Gribbon from the non-competitive title of Clerk to the competitive title of Technical Assistant 2, Treasury pursuant to N.J.A.C. 4A:4-1.1(c)2. It also requests that the Commission accept Mr. Gribbon's out-of-title work experience to be considered for the Technical Assistant 2, Treasury examination.
ACTION: The Civil Service Commission directed that these requests be granted.
B-11 SCOTT HALZBAUR
The Department of Law and Public Safety, on behalf of Scott Halzbaur, a former Master Aviation Mechanic with the Division of State Police, requests that N.J.A.C. 4A:3-5.6(b)3 be relaxed to allow the cash payment of Halzbaur's accrued compensatory time, upon his December 1, 2010 retirement.
ACTION: The Civil Service Commission directed that this request be granted.
B-12 ERIN FENZI
Erin Fenzi appeals the determination of the Division of Selection Services denying her request for a make-up examination for Human Services Specialist 1 (C0490M), Hudson County.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-13 JACLYN WUELFING
Jaclyn Wuelfing appeals the determination of the Division of Selection Services denying her request for a make-up examination for Human Services Specialist 1 (C0063N), Monmouth County.
ACTION: The Civil Service Commission directed that this appeal be denied.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-14 JAMES GARRISON AND FRANK REZES
James Garrison and Frank Rezes appeal their non-appointments from the June 16, 2009 certification of the Fire Fighter (M2386H), Perth Amboy, eligible list.
ACTION: The Civil Service Commission directed that these appeals be granted.
B-15 MICHAEL LENZ
Michael Lenz requests that his name be added to the May 9, 2011 certification of the eligible list for Manager, Public Property (C0376M), Hudson County.
ACTION: The Civil Service Commission directed that this request be denied.
B-16 CHANIQUE BETHEA
Chanique Bethea appeals the determination of the Division of State and Local Operations that the proper classification of her position with the Department of Law and Public Safety is Senior Clerk Typist. The appellant seeks a Principal Clerk Typist classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-17 KIMBERLEY COOK
Kimberley Cook appeals the decision of the Division of State and Local Operations which found that her position with the Department of the Treasury is properly classified as Pensions Benefits Specialist 3. The appellant seeks a Pensions Benefits Specialist 2 classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-18 NOYO EDEM
Noyo Edem, a Family Service Specialist 2 with the Department of Children and Families, appeals the determination of the Director of Administration, which found that the appellant did not present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-19 JOHN KEE
John Kee, a Supervising Auditor, Taxation with the Division of Taxation, Department of the Treasury, appeals the determination of the Office of Equal Employment Opportunity and Affirmative Action, which found sufficient evidence that the appellant had violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-20 ADMINISTRATIVE ANALYST (SPECIAL) AND (M0191M), NEWARK
The appointing authority's failure to dispose of the certification for Administrative Analyst (Special) and (M0191M), Newark, while provisionals are serving in the title, has been referred to the Civil Service Commission for enforcement.
ACTION: The Civil Service Commission ordered the appointing authority to remove the provisional appointee, make an appointment from the certification, and pay compliance costs.
B-21 KEYBOARDING CLERK 2 (PM0272N), JERSEY CITY SCHOOL DISTRICT
The Jersey City School District requests permission not to make an appointment from the August 8, 2011 certification for Keyboarding Clerk 2 (PM0272N).
ACTION: The Civil Service Commission granted an appointment waiver and assessed selection costs in the amount of $1,114.
B-22 POLICE RECORDS CLERK (M1118L), PATERSON
Paterson requests permission not to make an appointment from the September 16, 2010 certification for Police Records Clerk (M1118L).
ACTION: The Civil Service Commission granted an appointment waiver and assessed partial selection costs in the amount of $1,024.
B-23 STATE PAYROLL CERTIFICATIONS
The Director, Division of State and Local Operations, requests that the Civil Service Commission require State appointing authorities to continue to certify State payrolls.
ACTION: The Civil Service Commission directed that this request be granted.
B-24 SUPERVISING ENGINEER (M0487M), NEWARK
Newark requests permission not to make an appointment from the August 7, 2011 certification for Supervising Engineer (M0487M).
ACTION: The Civil Service Commission granted an appointment waiver and assessed selection costs in the amount of $2,048.
B-25 ADMINISTRATOR, CULTURAL AND HERITAGE AFFAIRS (M0160K), NEWARK
Newark requests reconsideration of the decision rendered on August 5, 2009 by the Civil Service Commission in In the Matter of Administrator, Cultural and Heritage Affairs (M0160K), Newark, which ordered it to immediately remove the provisional incumbent, Michele Ralph-Rawls, and to properly dispose of the July 14, 2008 certification within 30 days.
ACTION: The Civil Service Commission granted the request for reconsideration and assessed selection costs in the amount of $2,048.
B-26 MARCOS KELLY
The appeal of Marcos Kelly, a Police Officer with Jersey City, of his removal effective September 8, 2011, was heard by Administrative Law Judge Kelly J. Kirk (ALJ), who rendered her initial decision on February 2, 2012. At its meeting on May 2, 2012, the Civil Service Commission (Commission) rejected the ALJ's recommendation to acknowledge a settlement between the parties and recorded the appellant's forfeiture from employment. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-27 STEVEN MILLER
The appeal of Steven Miller, a Senior Correction Officer with New Jersey State Prison, Department of Corrections, of his 30-day suspension, on charges, was heard by Administrative Law Judge John J. Spence, Jr. (ALJ), who rendered his initial decision on February 6, 2012. At its meeting on May 2, 2012, the Civil Service Commission (Commission) adopted the ALJ's recommendation to uphold the charges and the 30-day suspension. However, the Commission found it necessary to address the exceptions filed by the appellant. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-28 LAUREN SCHWARTZ
The appeal of Lauren Schwartz, a Human Services Specialist 2 with the Bergen County Board of Social Services, of her 25-day suspension and removal, effective May 27, 2009, on charges, were heard by Administrative Law Judge Leland S. McGee (ALJ), who rendered his initial decision on January 3, 2012. At its meeting on May 2, 2012, the Civil Service Commission (Commission) adopted the ALJ's recommendation to dismiss the appellant's appeal of her removal as untimely. Additionally, the commission dismissed the appellant's appeal of the 25-day suspension as moot. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-29 ALEX SINIAVSKY
The appeal of Alex Siniavsky, an Institutional Trade Instructor 1, Welding, with South Woods State Prison, Department of Corrections, of his 15-day suspension, on charges, was heard by Administrative Law Judge Bruce M. Gorman (ALJ), who rendered his initial decision on January 4, 2012. Exceptions were filed on behalf of the appellant, and cross-exceptions were filed on behalf of the appointing authority. At its meeting on May 2, 2012, the Civil Service Commission (Commission) did not adopt the recommendation to reverse the 15-day suspension. Rather, the Commission imposed a five-day suspension. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
B-30 DURWIN SMALLS
The appeal of Durwin Smalls, a Senior Correction Officer at East Jersey State Prison, Department of Corrections, of his 30 working day suspension, on charges, was heard by Acting Director and Chief Administrative Law Judge Laura Sanders, who rendered her initial decision on March 1, 2012. At its meeting on May 2, 2012, the Civil Service Commission (Commission) did not adopt the Chief ALJ's recommendation to uphold the 30 working day suspension. Rather, the Commission dismissed the appeal as moot. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-31 ARTHUR COLLINS
Arthur Collins, a Senior Correction Officer at Albert C. Wagner Youth Correctional Facility, Department of Corrections, represented by Jeremy D. Lindemann, Esq., petitions the Civil Service Commission for reconsideration of its decision rendered on February 22, 2012, dismissing his appeal, with prejudice, based on his failure to appear at the scheduled hearing at the Office of Administrative Law.
ACTION: The Civil Service Commission directed that this petition be denied.
B-32 SUPERVISING SECURITY GUARD (PM0128M), WEST NEW YORK
West New York, represented by David F. Corrigan, Esq., requests reconsideration of the decision rendered on November 22, 2011 by the Civil Service Commission in In the Matter of Supervising Security Guard (PM0128M), West New York, which ordered it to properly dispose of the January 30, 2009 certification within 20 days and remit $1,000 in compliance costs.
ACTION: The Civil Service Commission directed that the request for reconsideration be denied.
B-33 CHAD TRACY
Chad Tracy, a Senior Correction Officer with the Albert C. Wagner Youth Correctional Facility, Department of Corrections, represented by Barbara E. Riefberg, Esq., requests reconsideration of the Civil Service Commission decision rendered on December 7, 2011, denying him sick leave injury (SLI) benefits.
ACTION: The Civil Service Commission directed that the request for reconsideration be granted, but reaffirmed the prior decision denying SLI benefits.
B-34 ROBERT BRADY
Robert Brady appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Director of Public Works (PM0697N), Aberdeen.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-35 ANAND PATEL
Anand Patel appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, he did not meet the requirements for the promotional examination for Social Worker (PC0578N), Hudson County.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-36 BRETT WEEAST
Brett Weeast appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for a prospective provisional appointment to the title of Supervising Management Improvement Specialist.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-37 JOHN CENTANNI AND JOHN VOGT
John Centanni and John Vogt, represented by Craig Gumpel, Esq., appeal their scores for the situational judgment portion of the examination for Fire Fighter (M9999H), various jurisdictions.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-38 ADOPTED AMENDMENT: N.J.A.C. 4A:4-4.8, DISPOSITION OF A CERTIFICATION (ASSIGNMENT JUDGES)
Submitted for the Commission's approval is a Notice of Adoption of a proposed amendment to N.J.A.C. 4A:4-4.8, Disposition of a certification. In accordance with N.J. Ct. R. 1:34-3, the amendment would require an appointing authority to provide verification in its certification disposition report to the Civil Service Commission of the approval by an Assignment Judge of an appointment to the career service titles of Municipal court Administrator and Deputy Municipal Court Administrator. No comments were received during the public comment period. Therefore, it is recommended that this proposal be adopted without change.
ACTION: The Civil Service Commission adopted the amendment.
B-39 JOB BANDING FOR HUMAN RESOURCE CONSULTANT, PERSONNEL AND LABOR ANALYST, STATE BUDGET SPECIALIST, AND TEST DEVELOPMENT SPECIALIST TITLE SERIES PILOT PROGRAM
The Chairperson, Civil Service Commission recommends the establishment of a Pilot Program to provide for Job Banding for the Human Resource Consultant, Personnel and Labor Analyst, State Budget Specialist, and Test Development Specialist title series.
ACTION: The Civil Service Commission established the Job Banding Pilot Program for the period from July 1, 2012 and to June 30, 2013.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-40 CIVIL SERVICE COMMISSION MINUTES
Submitted for adoption are the Civil Service Commission minutes of its meeting of May 2, 2012.
ACTION: The Civil Service Commission adopted the minutes of its meeting of May 2, 2012.
B-41 SELINA ALLEN, ET AL.
Selina Allen, Jennifer Bak, Kimberlee Doyle-Maloney, Andrea Lewis, and Jeannae Suiter appeal the decisions of the Division of State and Local Operations that the proper classifications of their positions with the Department of Children and Families are Residential Services Specialist 1 or Residential Services Specialist 2. The appellants seek Administrative Analyst 1 or Administrative Analyst 2 classifications.
ACTION: The Civil Service Commission directed that this matter be held over.
B-42 DANIEL EVERETT
The appeal of Daniel Everett, a County Correction Officer with Burlington County, County Jail, of his resignation in good standing effective February 23, 2011, on charges, was heard by Administrative Law Judge John F. Russo, Jr., (ALJ), who rendered his initial decision on March 30, 2012. At its meeting on May 2, 2012, the Civil Service Commission adopted the ALJ's recommendation to uphold the resignation in good standing. However, the Commission found it necessary to address the exceptions filed by the appellant. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-43 PAID LEAVE BANK DAYS
In Communications Workers of America v. New Jersey Civil Service Commission, Docket No. A-1110-10T3 (App. Div. January 18, 2012), the Appellate Division, Superior Court of New Jersey, reversed the adoption of N.J.A.C. 4A:6-1.2(l) and remanded to the Civil Service Commission to consider whether the creation of Paid Leave Bank (PLB) days in various Memoranda of Agreements between the State and the Communications Workers of America, Local 195 of the International Federation of Professional and Technical Engineers, Local 518 of the New Jersey State Motor Vehicle Employees Union, and the American Federation of State, County, and Municipal Employees was contrary to existing law and could not be implemented without Legislative action and, in the event the Commission concludes that Legislative action is not necessary, whether other provisions of Title 11A (Civil Service Act) and Title 4A permit the adoption of a regulation that mirrors the provisions of the MOAs.
ACTION: Although no statutory or regulatory authority exists for PLB days within current Civil Service law, the Civil Service Commission directed that there shall be no recoupment of any PLB time used or paid during Fiscal Years 2011 and 2012 and up to December 31, 2012.
B-44 PROPOSED REPEAL: N.J.A.C. 4A:6-1.2(l), (m) AND (n) AND RELATED APPENDICES A THROUGH E, PAID LEAVE BANK PROGRAM
Submitted for the Commission's approval is a Notice of Proposal of the repeal of N.J.A.C. 4A:6-1.21(l), (m) and (n) and related appendices A through E, paid leave bank program. These provisions are recommended for repeal as a result of the recent Superior Court, Appellate Division, decision in Communications Workers of America, AFL-CIO, et al. v. New Jersey Civil Service Commission, Docket No. A-1110-10T3 (January 18, 2012), which reversed the Commission's adoption of the paid leave bank amendments to the vacation leave rule at N.J.A.C. 4A:6-1.2. Therefore, it is recommended that this proposal be approved for publication in the New Jersey Register for public notice and comment.
ACTION: The Civil Service Commission approved the proposal for publication.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, June 6, 2012, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
