Civil Service Commission | Meeting Minutes of June 6, 2018

Deirdré L. Webster Cobb, Chairperson

Dolores Gorczyca

Daniel W. O’Mullan

June 6, 2018

*******************************************************************

A regular meeting of the Civil Service Commission was held on Tuesday, June 6, 2018, in Trenton, New Jersey.

PRESENT: Deirdré L. Webster Cobb, Chairperson, Members Dolores Gorczyca and Daniel W. O’Mullan; Pamela Ullman, Deputy Attorney General; Christopher Myers, Director, Division of Appeals and Regulatory Affairs.

In accordance with L.1975, c.231, the Secretary to the Civil Service Commission opened the meeting with the following statement:

Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on November 17, 2017, and posted at the Civil Service Commission, 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The following appeals were withdrawn and removed from the hearing calendar:

Dawn M. Brown, Senior Inspector Mosquito Extermination, Monmouth County, Department of Administrator, 10 working day suspension.

Caitlin Koether, Veterans Service Officer, Hunterdon County, Department of Human Service, release at the end of the working test period.

Rebecca Lupkovich, Graduate Nurse, Hudson County, Department of Corrections, 30 working day suspension.

ACTION: The Civil Service Commission noted the withdrawal of appeals without prejudice.

SECTION A – HEARING MATTERS

A-1 SETTLEMENTS

Annette Barnes

Burlington County

Board of Social Services

Release at the end of the working test period

Diane Brown

Jersey City School District

Suspension

April Maxwell-Henley

Burlington County

Board of Social Services

Release at the end of the working test period

Joanne Palatucci

Passaic County

Sheriff’s Department

Suspension

Charity Sims

City of Paterson

Department of Economic Development

Resignation not in good standing

Dasheek Touchstone

Essex County

Department of Corrections

Removal

Angel Vazquez

Hunterdon Developmental Center

Department of Human Services

Removal

Khadiatu Wheaton

Department of Health

Trenton Psychiatric Hospital

Resignation not in good standing

RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES – SETTLEMENT

ACTION: The Civil Service Commission acknowledged the settlements.

A-2 JOHN MULLIGAN

John Mulligan, Institutional Trade Instructor 1, East Jersey State Prison, Department of Corrections, removal effective January 23, 2017 on charges of 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-3 WILLIAM SHORTER (A written decision will be posted in this matter when the Civil Service Commission adopts the decision at a future meeting.)

William Shorter, Correction Sergeant, South Woods State Prison, Department of Corrections, removal effective October 3, 2017 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 modified the removal to a 120 calendar day suspension.

A-4 TIA SMITH

Tia Smith, County Correction Officer, Camden County Correctional Facility, removal effective April 16, 2017 on charges of incompetency, inefficiency or failure to perform duties, insubordination, conduct unbecoming a public employee, neglect of duty 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.

SECTION B – MISCELLANEOUS MATTERS

B-1 CARLOS CUEVAS, JR. – CSC DOCKET NO. 2018-1806

Carlos Cuevas, Jr., appeals his removal from the eligible list for Police Officer Recruit, Human Services (S9999R), Department of Human Services, for failing to respond to the certification notice.

ACTION: The Civil Service Commission directed that this appeal be granted.

B-2 KLEOVOULOS ZISSIMOPOULOS – CSC DOCKET NO. 2018-2679

Kleovoulos Zissimopoulos appeals the removal of his name from the Police Officer (S9999U), Margate eligible list on the basis of an unsatisfactory background report.

ACTION: The Civil Service Commission directed that this appeal be granted.

B-3 POLICE AIDE (M0554T) IRVINGTON TOWNSHIP – CSC DOCKET NO. 2018-1059

The Division of Agency Services requests that Irvington Township be ordered to return the March 7, 2016 certification (OL160244) of the eligible list for Police Aide (M0554T) for proper disposition.

ACTION: The Civil Service Commission granted the request of Agency Services and ordered the appointing authority to properly dispose of the certification and assessed compliance costs in the amount of $1,000 and a fine in the amount of 1,500.

B-4 WILLIAM MCNEIL-BILLUPS AND ALISA ROSA – CSC DOCKET NO. 2018-2574

William McNeil-Billups and Alisa Rosa appeal the determinations of the Division of Agency Services that they were below the minimum requirements in experience for the promotional examination for Senior Community Program Specialist (PS3307K), Department of Human Services.

ACTION: The Civil Service Commission directed that these appeals be granted.

B-5 ADAM WOEHR – CSC DOCKET NO. 2018-2942

Adam Woehr appeals the determination of the Division of Agency Services that he was below the minimum requirements in experience for the promotional examination for Senior Community Program Specialist (PS3845K), Department of Human Services.

ACTION: The Civil Service Commission directed that this appeal be granted.

B-6 THOMAS GILLEN, JR. – CSC DOCKET NO. 2018-1894

Thomas Gilen, Jr., represented by Catherine M. Elston, Esq., appeals the determination of the Division of Agency Services, which found that he lacked the required amount of permanent status in a title to which the examination was open for Sheriff’s Officer Sergeant (PC2608V), Hudson County Sheriff.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-7 LEO BARSANTI – CSC DOCKET NO. 2018-333

Leo Barasanti requests that he be permitted to submit an application for the promotional examination for Police Sergeant (PM0849V), Orange, after the application filing deadline.

ACTION: The Civil Service Commission directed that this request be granted.

B-8 KEVIN GOINS – CSC DOCKET NO. 2018-469

Kevin Goins requests that he be permitted to submit an application for the promotional examination for Police Sergeant (PM0895V), Woodbridge, after the application filing deadline.

ACTION: The Civil Service Commission directed that this request be denied.

B-9 KEYION JONES – CSC DOCKET NO. 2018-817

Keyion Jones requests admittance to the promotional examination for Fire Captain (PM1058V), Trenton.

ACTION: The Civil Service Commission directed that this appeal be granted.

B-10 STEVEN SALVATORIELLO – CSC DOCKET NO. 2017-3591

Steven Salvatoriello requests a make-up examination for the promotional examination for Sheriff’s Officer Lieutenant (PC2094U), Essex County.

ACTION: The Civil Service Commission directed that this request be denied.

B-11 CLEMENT COLLINS – CSC DOCKET NO. 2018-348

Clement Collins, a Supervisor of Custodians with the Newark School District, represented by Keven P. McGovern, Esq., requests counsel fees in accordance with the Civil Service Commission decision rendered on April 5, 2017.

ACTION: The Civil Service Commission directed that this request be granted and counsel fees in the amount of $21,420.00 be awarded.

B-12 ERIC GROETHING – CSC DOCKET NO. 2018-2442

Eric Groething, represented by Michael Prigoff, Esq., requests reconsideration of the final administrative determination In the Matter of Eric Groething (CSC, decided November 15, 2017), which upheld the bypass of his name on the Fire Fighter (M1544T), Jersey City eligible list.

ACTION: The Civil Service Commission directed that this request for reconsideration be dismissed as untimely.

B-13 DUANE WALLACE – CSC DOCKET NO. 2018-1857

Duane Wallace, represented by Thomas M. Barron, Esq., requests reconsideration of the decision rendered on November 15, 2017, which denied his appeal of his removal from an unclassified appointment as a Confidential Assistant from the Township of Willingboro.

ACTION: The Civil Service Commission directed that this request for reconsideration be denied.

B-14 CIVIL SERVICE COMMISSION MINUTES

Submitted for adoption are the Civil Service Commission minutes of its meeting of May 23, 2018.

ACTION: The Civil Service Commission adopted the minutes of its meeting on May 23, 2018.

B-15 CHRISTIE CROSSLEY – CSC DOCKET NO. 2018-788

Christie Crossley, represented by Edward Kerwin, Esq., appeals the decision of Jersey City to remove her name from the eligible list for Fire Fighter (M1544T) Jersey City on the basis of an unsatisfactory background report.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-16 ANTHONY HERRERA- CSC DOCKET NO. 2018-1192

The appeal of Anthony Herrera, a Police Aide with the City of East Orange, of his removal, on charges, was heard by Administrative Law Judge Susana E. Guerrero (ALJ), who rendered her initial decision on April 19, 2018. At its meeting on May 23, 2018, the Civil Service Commission (Commission) accepted and adopted the Findings of Fact as contained in the initial decision but did not adopt the ALJ’s recommendation to modify the removal to a 90 working day suspension. Rather, the Commission modified the penalty to a 30 working day suspension.

ACTION: The Civil Service Commission adopted the decision.

B-17 BERGEN COUNTY SHERIFF – CSC DOCKET NO. 2018-1723

The Bergen County Sheriff, represented by Catherine M. Elston, Esq., appeals the determination of the Director of the Division of Agency Services, denying his request to allow out-of-title series supervision of County Police Officers and Sheriff’s Officers and for the out-of-title work experience to be credited for promotional examination purposes.

ACTION: The Civil Service Commission held the matter for further review and provided the parties with the opportunity to submit additional information regarding the classification of the positions held by incumbents in the title series of County Police Officer and Sheriff’s Officer in the Bergen County Sheriff’s Office. The Commission ordered that the submissions be filed no later than June 20, 2018, at which time the record in this matter will be closed.

B-18 D.C.-W. – CSC DOCKET NO. 2018-1644

D.C-W., an Instructional Technician Secured Facilities with the Department of Corrections, appeals the decision approved by appointing authority’s Commissioner, which did not substantiate her allegation to support a finding that she had been subject to a violation of the New Jersey Policy Prohibiting Discrimination in the Workplace.

ACTION: The Civil Service Commission directed that this appeal be denied.

B-19 H.P. – CSC DOCKET NO. 2018-2797

H.P., represented by Steven P. Scheffler, Esq., appeals his rejection as a Police Officer candidate by the City of Margate and its request to remove his name from the eligible list for Police Officer (S9999U) on the basis of psychological unfitness to perform effectively the duties of the position.

ACTION: The Civil Service Commission directed that this appeal be dismissed as untimely.

PUBLIC PORTION

No comment.

There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, June 20, 2018, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.