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Robert M. Czech, Chairperson
Robert E. Brenner
Thomas J. Perna
Richard E. Williams
June 20, 2012
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A regular meeting of the Civil Service Commission was held on Wednesday, June 20, 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.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Andre Jones
Hunterdon Developmental Center
Department of Human Services
Removal
In the Matter of Nathan Koch
Hagedorn Gero-Psychiatric Hospital
Department of Human Services
Removal
In the Matter of James Law
Morris County
Sheriff's Department
Suspension
In the Matter of Charles Markovich
Edna Mahan Correctional Facility
Department of Corrections
Removal
In the Matter of Evelyn Mastragostino
Superior Court of New Jersey
Cumberland/Gloucester/Salem Vicinage
Removal
In the Matter of Maribel McKinney
New Lisbon Developmental Center
Department of Human Services
Removal
In the Matter of Harry Murray
Middlesex County
Department of Mental Health
Removal
In the Matter of Anthony Parga
New Jersey State Prison
Department of Corrections
Suspension
In the Matter of Luisa F. Paulus
Cape May County
Crest Haven Nursing and Rehabilitation Center
Resignation in good standing
In the Matter of Wesley Rebnicky
Monmouth County
Sheriff's Department
Suspension
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
In the Matter of Betty Reed
New Jersey State Prison
Department of Corrections
Removal
In the Matter of Dianne G. Santucci-Wright
Ocean County Board of Social Services
Release at the end of the working test period
In the Matter of Kevin Wright
City of Newark
Police Department
Suspensions (2)
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENTS
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 VIRGINIA BEST
Virginia Best, Complaint Investigator, East Orange, Department of Health and Human Services, appeals the good faith of her layoff effective February 1, 2011, for reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Uphold the layoff.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-3 MILTON FIGUEROA
Milton Figueroa, Boiler Operator, Camden City Housing Authority, appeals the good faith of his layoff effective April 30, 2011, for reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Uphold the layoff.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-4 CARMELO LIO
Carmelo Lio, Senior Correction Officer, Adult Diagnostic and Treatment Center, Department of Corrections, 45 working day suspension on the charge of insubordination.
Recommendation of the Administrative Law Judge - Modify the 45 working day suspension to a 20 working day suspension.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge and upheld the 45 working day suspension.
A-5 MARK ROSARIO
Mark Rosario, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, indefinite suspension pending criminal charges effective January 21, 2010, on charges of conduct unbecoming a public employee, other sufficient cause and violation of a policy.
Recommendation of the Administrative Law Judge - Uphold the indefinite suspension pending criminal charges.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-6 DANNY RODRIGUEZ
Danny Rodriguez, Senior Correction Officer, New Jersey State Prison, Department of Corrections, removal effective January 7, 2011 on charges of conduct unbecoming a public employee, other sufficient cause, falsification, violation of a rule, regulation, policy, procedure, order, or administrative decision and intentional abuse or misuse of authority or position.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-7 CARLOS SANTIAGO
Carlos Santiago, Building Maintenance Worker, Union County, Department of Engineering Public Works Facilities, removal effective December 13, 2011, on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty, other sufficient cause and falsification.
Recommendation of the Administrative Law Judge - Modify the removal to a 60-day suspension.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge and upheld the removal.
A-8 MILDRED JAIME
Mildred Jaime, Cottage Training Technician, Hunterdon Developmental Center, Department of Human Services, removal effective December 7, 2010, on charges of physical or mental abuse of a client, verbal abuse of a patient, client, resident or employee, inappropriate physical contact or mistreatment of a client, any improper conduct which violates common decency, discourtesy to public, visitors, patients, residents or clients, failure to perform duties, conduct unbecoming a public employee and other sufficient cause. This matter was held over from the April 4, 2012, Civil Service Commission meeting for summary of testimony.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-9 SETTLEMENT
In the Matter of Clem Jones
Southern State Correctional Facility
Department of Corrections
Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Civil Service Commission acknowledged the settlement.
SECTION B - MISCELLANEOUS MATTERS
B- 1 The Division of State and Local Operations requests the inactivation of three titles used by the Department of Law and Public Safety.
ACTION: The Civil Service Commission directed that this request be granted.
B-2 BARTLOMIEJ TROCHA
Bartlomiej Trocha, represented by Ian A. Weinberger, Esq., appeals his rejection as a County Police Officer candidate by Union County and its request to remove his name from the eligible list for County Police Officer (S9999K) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-3 JASON ENGLISH
Jason English, a Police Officer with Paterson, represented by Joseph S. Murphy, Esq., appeals the determination of his layoff rights by the Division of State and Local Operations.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-4 DONNA TWIDDLE
Donna Twiddle, a Charge Nurse (12 Months), represented by Kenneth A. Wallach, Esq., and Green Brook Regional Center, Department of Human Services, represented by Erick James Lucadamo, Deputy Attorney General, petition the Civil Service Commission for acknowledgment of the settlement agreement reached by the parties, which provides for the reinstatement of Twiddle.
ACTION: The Civil Service Commission acknowledged the settlement.
B-5 ELIZABETH KELLY
The Department of Children and Families requests that Elizabeth Kelly's name be restored to the Assistant Family Service Worker 2 (S0804L) eligible list and added to the April 2, 2012 certification (OS120223) for the title of Assistant Family Service Worker 2.
ACTION: The Civil Service Commission directed that this request be granted.
B-6 JEFFREY STORMS AND RICHARD PANTINA
The Township of Parsippany-Troy Hills, represented by Frederic M. Knapp, Esq., requests that the eligible list for Police Captain (PM3547J) be revived in order to appoint Jeffrey Storms and to record the appointment of Richard Pantina effective September 23, 2011.
ACTION: The Civil Service Commission directed that these requests be granted.
B-7 LINDA A. BARRY
Linda A. Barry appeals the determination of the Division of Selection Services which found that she was not eligible for the promotional examination for Secretarial Assistant 3, Non-Stenographic (PS6401T), Department of Transportation, because her application was received after the closing date of the examination announcement.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-8 HOPE R. HENLEY
Hope R. Henley appeals the removal of her name from the Youth Work Supervisor (PS2871P), Juvenile Justice Commission, employment list due to her failure to respond to the Certification Notice.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-9 JAMES LOGAN, IV
James Logan, IV, represented by James Logan, Jr., Esq., appeals the decision of the Division of State and Local Operation, which upheld the removal of his name from the eligible list for Correction Officer Recruit (S9987M), Department of Corrections, on the basis of his falsification of his employment application and an unsatisfactory criminal record.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-10 BAMIDELE OLA
Bamidele Ola appeals the removal of his name from the eligible list for Habilitation Plan Coordinator (S0021L), Greenbrook Regional Center, on the basis that he lacked the required experience.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-11 JOHN SHAW
John Shaw appeals the determination of the Division of Selection Services which found him ineligible for the promotional examination for Fire Lieutenant (PM5254N), Belleville, due to an untimely application.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-12 MICHAEL KORMASH
Michael Kormash appeals the decision of the Division of Selection Services which found that he lacked the required amount of permanent status in a title to which the examination was open for Deputy Fire Chief (PM1145M), Newark.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-13 DIANE ROMINO
Diane Romino, a former Judiciary Clerk 2, with Middlesex Vicinage, Superior Court of New Jersey, represented by Paul Schroeder, Council Representative, American Federation of State, County, and Municipal Employees, Council 73, requests that the Civil Service Commission reinstate her appeal of her release at the end of the working test period effective October 25, 2011, which was dismissed based on her failure to appear at her scheduled settlement conference.
ACTION: The Civil Service Commission directed that this request be denied.
B-14 CHARLES TEMPE
Charles Tempe, a Forest Fire Equipment Maintenance Specialist 2 with the Department of Environmental Protection, requests a retroactive effective date of the reclassification of his position from Forest Fire Observer to the title of Forest Fire Equipment Maintenance Specialist 2.
ACTION: The Civil Service Commission directed that this request be granted.
B-15 STEVEN CHESTNUT
Steven Chestnut appeals the decision of the Division of State and Local Operations that the proper classification of his position with the Civil Service Commission is Human Resource Consultant 2. The appellant seeks a Human Resource Consultant 3 classification.
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-16 LINDA HENDERSON
Linda Henderson appeals the decision of the former Division of State and Local Operations that the proper classification of her position with the Department of the Treasury is Principal Claims Investigator. The appellant seeks an Investigator 1 classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-17 RONALD MCCRAY
Ronald McCray, a Repairer with Woodbridge Developmental Center, Department of Human Services, appeals the decision of the Assistant Commissioner, which found that the appellant failed to support a finding that he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-18 PERFORMANCE ASSESSMENT REVIEW PILOT PROGRAM
The Chairperson, Civil Service Commission recommends the establishment of a Pilot Program to provide for a five-level rating scale for the Performance Assessment Review (PAR) program.
ACTION: The Civil Service Commission established the pilot program.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-19 RECEPTIONIST BILINGUAL IN SPANISH AND ENGLISH (M1113L), PATERSON
Paterson requests permission not to make an appointment from the January 11, 2010 certification for Receptionist Bilingual in Spanish and English (M1113L).
ACTION: The Civil Service Commission granted an appointment waiver and assessed selection costs in the amount of $2,048.
B-20 RECORDS SUPPORT TECHNICIAN 1 (C2256N), CAPE MAY COUNTY
Cape May County requests permission not to make an appointment from the March 20, 2012 certification for Records Support Technician 1 (C2256N).
ACTION: The Civil Service Commission granted an appointment waiver and assessed no selection costs at this time.
B-21 TEST DEVELOPMENT SPECIALIST TRAINEE (S0189N)
The Civil Service Commission's Office of Human Resources requests the revival and extension of the eligible list for Test Development Specialist Trainee (S0189N).
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-22 GERALD J. MCLAUGHLIN
Gerald J. McLaughlin appeals the determination of the Division of Selection Services which found that he was not eligible for the promotional examination for Human Services Specialist 1 (PC0021P), Passaic County Board of Social Services.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-23 ANTONIO FINNEY
Antonio Finney appeals the denial of his request for a make-up examination for Municipal Court Attendant (M2144N), New Brunswick.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-24 KATRINA HALL
Katrina Hall appeals the denial of her request for a make-up examination for Fire Captain (PM5234N), Newark.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-25 JOHN OLOHAN
John Olohan appeals the determination of the Division of Selection Services which denied him admittance to the promotional examination for Battalion Fire Chief (PM0146P), Newark.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-26 DANIEL PAYNE
Daniel Payne appeals the determination of the Division of Selection Services which denied him admittance to the promotional examination for Battalion Fire Chief (PM0137P), Camden.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-27 GARY MACDONALD
Gary MacDonald, a County Correction Officer with Mercer County, represented by Christopher A. Gray, Esq., requests reconsideration of the Civil Service Commission decision rendered on January 11, 2012, denying his request for counsel fees.
ACTION: The Civil Service Commission directed that this request be denied.
B-28 JEANINA GOOS
Jeanina Goos petitions the Civil Service Commission for reconsideration of its decision rendered on September 7, 2011 in which the Commission determined that her position with the Department of Children and Families is properly classified.
ACTION: The Civil Service Commission directed that this matter be held over.
B-29 ROBIN RIPA
Robin Ripa requests reconsideration of the Civil Service Commission decision rendered on November 2, 2011, which upheld the good faith of her layoff.
ACTION: The Civil Service Commission directed that the request for reconsideration be denied.
B-30 PATRICIA BABER
Patricia Baber 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 Senior Custodian (PM0368N), Jersey City School District.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-31 JOSEPHINE F. MORELAND
Josephine F. Moreland 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 open-competitive examination for Program Development Specialist 1, Mental Health Services (S2070N).
ACTION: The Civil Service Commission directed that this appeal be denied.
B-32 ELISA PALMARINI
Elisa Palmarini appeals the determination of the Division of Selection Services that she did not meet the experience requirement for the promotional examination for Records Technician 2, Motor Vehicles (PS5797T), Motor Vehicle Commission.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-33 CIVIL SERVICE COMMISSION MINUTES
Submitted for adoption are the Civil Service Commission minutes of its meeting of June 6, 2012.
ACTION: The Civil Service Commission adopted the minutes of its meeting of June 6, 2012.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Abstained)
B-34 DALE ARCHIE
The appeal of Dale Archie, a Laborer with the Atlantic City Municipal Utilities Authority, of his seven working day suspension, on charges, was heard by Administrative Law Judge (ALJ) Bruce M. Gorman, who rendered his initial decision on April 3, 2012. At its meeting on June 6, 2012, the Civil Service Commission adopted the ALJ's recommendation to dismiss the charges and reverse the suspension. However, the Commission found it necessary to address the exceptions and cross-exceptions filed by the parties. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
