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Robert M. Czech, Chairperson
Robert E. Brenner
Thomas J. Perna
Richard E. Williams
JULY 16, 2014
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A regular meeting of the Civil Service Commission was held on Wednesday, July 16, 2014, 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 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 December 2, 2013, 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:
Ashley Burkes, Human Services Assistant, Vineland Developmental Center, Department of Human Services, release at the end of the working test period.
Vincent A. Dubaniewicz, Maintenance Worker 1, Department of Transportation, suspension.
Ollie Kendrick, LPN, North Jersey Developmental Center, Department of Human Services, suspension.
Alessandro Moi, Mechanic Diesel, Vineland Public School District, release at the end of the working test period.
John O'Donnell, Laborer 1, Ocean County, Department of Solid Waste Management, release at the end of the working test period.
Lizette Ortiz, Program Monitor, Jersey City, Department of Administration, layoff.
Robert M. Ramirez, Assistant Family Service Worker 2, Department of Children and Family, suspension.
Jacqueline Rodriguez, Family Service Specialist 2, Bilingual Spanish/English, Department of Children and Families, release at the end of working test period.
Michael Ruck, Senior Building Maintenance Worker, Jersey City, Department of Public Works, layoff.
ACTION: The Civil Service Commission noted the dismissal of appeals without prejudice.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Michael Augusta, Building Maintenance Inspector, Jersey City Public School District, layoff.
Kario T. Bullen, Family Service Supervisor, County of Essex, Department of Citizen Services, return to the previous held title.
Justin Chiusolo, Fire Fighter, City of Hackensack, Fire Department, removal.
Jacqueline Diaz, County Correction Officer, Camden County, Department of Corrections, release at the end of working test period.
Michael Ferlise, Senior Parole Officer, New Jersey State Parole Board, suspension.
Shanika Finley, Juvenile Detention Officer, Hudson County, Department of Corrections, removal.
Tomas Garcia, Clerk 1, County of Union, Department of Administrative Services, layoff.
Edward Gay, Correction Sergeant, South Woods State Prison, Department of Corrections, removal.
Terrence Hall, County Correction Officer, Camden County, Department of Corrections, suspension.
Loretta Hill, Human Services Technician, NJ Veterans Memorial Home at Paramus, Department of Military and Veterans Affairs, removal.
J. Jason Jordan, Program Assistant Administrative Services, The College of New Jersey, release at the end of the working test period.
Ronald W. Labovitz, Motor Vehicle Operator Elderly & Handicapped, Monmouth County, Department of Transportation, suspension.
David Medeiros, Project Coordinator Construction, Monmouth County, Department of Engineering, suspension.
Rosmery Murillo, County Correction Officer, Bilingual Spanish/English, Monmouth County, Department of Corrections, removal.
Chinedu Olewunne, Probation Officer, Monmouth Vicinage, Judiciary, indefinite suspension pending criminal charges.
Nicholas Procaccini, County Correction Officer, Atlantic County, Department of Public Safety, suspension.
Patrick Ryan, Keyboarding Clerk 1, Mercer County Prosecutor's Office, release at the end of the working test period.
Angela Sanchez Lucio, Keyboarding Clerk 3, Bilingual in Spanish/English, City of Elizabeth, Department of Municipal Court, removal.
Nicholas Snyder, County Correction Officer, Mercer County, Department of Corrections, suspension.
Marco Velez, County Correction Officer, Camden County, Department of Corrections, release at the end of working test period.
ACTION: The Civil Service Commission noted the withdrawal of appeals without prejudice.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Barbara E. Beck
Cape May County
Department of Health
Removal
In the Matter of Bryan A. Burby
Mercer County
Department of Transportation
Removal
In the Matter of Thomas A. Campagnolo
Monmouth County
Department of Corrections and Youth Services
Suspension
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
In the Matter of Donna Gallagher
Hudson County
Department of Health and Human Services
Suspension
In the Matter of Thomas Harris
Jersey City
Public School District
Removal
In the Matter of Jonathan McNally (Consolidated)
Hunterdon Developmental Center
Department of Human Services
Suspension
In the Matter of Destha Permadi-Syariff
Hunterdon Developmental Center
Department of Human Services
Removal
In the Matter of Jennifer L. Pohl
Monmouth County
Department of Human Services
Removal
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
In the Matter of Roxanne Randazzo
NJ Veterans' Memorial Home at Vineland
Department of Military and Veterans Affairs
Removal
In the Matter of Leslye Scipio
Ann Klein Forensic Center
Department of Human Services
Resignation not in good standing
In the Matter of Paulette Williams
NJ Veterans Memorial Home at Paramus
Department of Military and Veterans Affairs
Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENTS
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 MARK HANDLER
Mark Handler, Human Services Specialist 1, Atlantic County, Department of Human Services, removal effective November 22, 2010, on charges of inability to perform duties, conduct unbecoming a public employee, incompetency, inefficiency, or failure to perform duties, insubordination, neglect of duty and other sufficient cause.
Recommendation of the Administrative Law Judge - Grant motion for summary decision and dismiss the appeal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-3 OMAR ORTIZ
Omar Ortiz, County Correction Lieutenant, Hudson County, Department of Corrections, 30 working day suspension on charges of conduct unbecoming a public employee, incompetency, inefficiency or failure to perform duties, insubordination, neglect of duty, and other sufficient cause.
Recommendation of the Administrative Law Judge - Modify the 30 working day suspension to a five working day suspension.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge and imposed a twenty working day suspension.
A-4 KIDAHDA RUSS
Kidahda Russ, County Correction Officer, Camden County, Department of Corrections, removal effective June 13, 2013, on charges of insubordination, conduct unbecoming a public employee, neglect of duty, other sufficient cause, violation of rules of conduct, violation in general, security, departmental reports, being absent without leave and violation of policy.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-5 RUBY SAUNDERS
Ruby Saunders, Correction Officer Recruit, New Jersey State Prison, Department of Corrections, removal effective October 2, 2013, on charges of incompetency, inefficiency or failure to perform duties, insubordination, neglect of duty, other sufficient cause, loafing, idleness or willful failure to devote attention to tasks which could result in danger to person or property, intentional disobedience or refusal to accept order, assaulting or resisting authority, disrespect or use of insulting or abusive language, conduct unbecoming a public employee, violation of administrative procedures and/or regulations involving safety and security and violation of a rule, regulation, policy, procedure, order or administrative decision.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (No)
A-6 DAVID VIBBERT
David Vibbert, Parks Maintenance Specialist 2, Department of Environmental Protection, 10 working day suspension on charges of incompetency, inefficiency or failure to perform duties, insubordination, conduct unbecoming an public employee, neglect of duties, other sufficient cause and violation of departmental or agency rules, regulation, policies and procedures.
Recommendation of the Administrative Law Judge - Modify the 10 working day suspension to a five working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
SECTION B - MISCELLANEOUS MATTERS
B-1 R. D.
R. D., represented by Courtney M. Spellman, Esq., appeals his rejection as a Police Officer candidate by Morristown and its request to remove his name from the eligible list for 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 granted.
B-2 BERNADETTE PASQUA
Bernadette Pasqua, Realty Specialist 2, Transportation, with the Department of Transportation, seeks enforcement of the decision of the Division of Classification and Personnel Management that the duties and responsibilities of her position would be properly classified by the title Realty Specialist 2, Transportation.
ACTION: The Civil Service Commission directed that this appeal be granted in part.
B-3 EGNES RAMOS
The Division of Classification and Personnel Management, on behalf of the Juvenile Justice Commission, requests that the provisions of N.J.A.C. 4A:4-1.1(c) be relaxed in order to allow Egnes Ramos to be provisionally appointed, pending promotional examination procedures, to the competitive title of Technical Assistant, Classification.
ACTION: The Civil Service Commission directed that this request be granted.
B-4 ANITA SACK
The Department of Human Services, on behalf of Anita Sack, a former Clinical Psychiatrist, Post Certified with Trenton Psychiatric Hospital, requests that she be compensated for her unused Paid Leave Bank days.
ACTION: The Civil Service Commission directed that this request be denied.
B-5 RONALD CHAMPION
The Department of Education requests that Ronald Champion's out-of-title work experience in the title Principal Industrial Assistant be accepted to qualify him for a prospective promotional examination for Building Services Coordinator 3.
ACTION: The Civil Service Commission directed that this request be granted.
B-6 THOMAS A. WILLIAMS
The Department of Transportation requests that Thomas A. Williams' out-of-title experience be accepted to qualify him for a prospective promotional examination for the title of Repairer.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-7 JONAH KOZMA
Jonah Kozma, an Assistant Head Grounds Worker, requests a regular appointment as a Superintendent of Institutional Grounds with the Vineland Developmental Center, Department of Human Services.
ACTION: The Civil Service Commission directed that this petition be denied and the petitioner's position undergo a classification review.
B-8 STEVEN MOTZER
Steven Motzer requests a retroactive appointment date as a Deputy Fire Chief to November 1, 2013 with Bloomfield Township as a result of the appointing authority's failure to forward a classification review request to the Division of Classification and Personnel Management.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-9 LISA SERMON
Lisa Sermon requests that her experience in various titles be accepted to qualify her for a prospective promotional examination for Administrative Analyst 2, Data Processing, Department of Environmental Protection.
ACTION: The Civil Service Commission directed that this request be denied.
B-10 SAMUEL AGEE, ET AL.
Samuel Agee, Letitia Brantley, Torriel Green, Mario Gomez, Sharon Simms and James Walker, represented by Arnold Shep Cohen, Esq., request retroactive regular appointment dates as Motor Vehicle Operators 1 to July 27, 2013 with Greystone Park Psychiatric Hospital in order to have more seniority in the current layoff.
ACTION: The Civil Service Commission directed that these requests be denied.
B-11 HENRY GUARNIERI
The Division of Classification and Personnel Management requests a retroactive appointment date for Henry Guarnieri to December 3, 2012 based on the City of Trenton's oversight in requesting a certification of the special reemployment list for Building Inspector.
ACTION: The Civil Service Commission directed that this request be granted.
B-12 MATTHEW HYMAN AND BRIAN RATHBONE
Matthew Hyman and Brian Rathbone petition the Civil Service Commission for retroactive regular appointments effective September 10, 2010 to the title of Battalion Fire Chief and for admittance to the promotional examination for Deputy Fire Chief (PM2161R), Paterson.
ACTION: The Civil Service Commission directed that these requests be granted in part.
B-13 RICHARD SALOOM
Berkeley Township requests that Richard Saloom receive a retroactive date of appointment as a Golf Superintendent.
ACTION: The Civil Service Commission directed that this request be granted.
B-14 TISHA BLANDING-WILLIAMS
Tisha Blanding-Williams appeals the decision of the Division of Selection Services which denied her request for a make-up examination for Human Services Specialist 1 (PC0200S), Hudson County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-15 KEITH JACKSON
Keith Jackson appeals the denial of his request for a make-up examination for Building Maintenance Worker/Security Guard (M0082R), Irvington.
ACTION: The Civil Service Commission directed that this request be granted.
B-16 SALENA BRADLEY
Salena Bradley appeals the decision of the Division of Classification and Personnel Management, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9988R), Department of Corrections' eligible list on the basis of her failure to complete pre-employment processing.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-17 JOAN GIORDANO
Joan Giordano appeals the decision of the Division of Classification and Personnel Management, which upheld the removal of her name from the Account Clerk (C0798P), Atlantic County, eligible list, on the basis of her failure to timely respond to the notice of certification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-18 OKECHUKWU IHUOMA
Okechukwu Ihuoma appeals the decision of the Division of Classification and Personnel Management removing his name from the Human Services Technician (PS9823K), Greystone Park Psychiatric Hospital eligible list due to his failure to respond to the Notice of Certification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-19 LUIS ROSADO
Luis Rosado appeals the decision of the Division of Classification and Personnel Management, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9987M), Department of Corrections' eligible list on the basis of falsification of his employment application.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-20 VAUGHN WATSON
Vaughn Watson appeals the decision of the Division of Classification and Personnel Management, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9988R), Department of Corrections' eligible list on the basis of his failure to complete pre-employment processing.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-21 BONNIE ANDERSON
Bonnie Anderson appeals the decision of the Division of Classification and Personnel Management that the proper classification of her position with the Department of Health is Agency Services Representative 3. The appellant seeks an Agency Services Representative 4 job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-22 THOMAS FITZGERALD
Thomas Fitzgerald appeals the decision of the Division of Classification and Personnel Management that the proper classification of his position with the Office of Information Technology is Software Development Specialist 2. The appellant seeks a Software Development Specialist 3 job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-23 BRIE HARRIS
Brie Harris appeals the decision of the Division of Classification and Personnel Management that her position with the Department of the Treasury is properly classified as a Claims Investigator. The appellant seeks a Senior Claims Investigator job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-24 ALFONSO RENNA
Alfonso Renna appeals the determination of the Division of Classification and Personnel Management that his position with the Department of Children and Families was properly classified as an Investigator 2, Child Protection. The appellant seeks an Investigator 1 job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-25 CHAUNTE SEMMON
Chaunte Semmon, represented by Daniel Smith, Staff Representative, CWA Local 1036, appeals the decision of the Division of Classification and Personnel Management that her position with the Department of Health is properly classified as Data Entry Operator 1. The appellant seeks a Data Entry Operator 2 or a Senior File Clerk job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-26 B. L.
B. L., a former Sergeant with the Division of State Police, Department of Law and Public Safety, appeals the determination of the Counsel to the Attorney General, 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 in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-27 G. M.
G. M., a Senior Technician, Motor Vehicle Commission, appeals the determination of the Deputy Administrator, Finance and Administration, with the MVC, stating that the appellant failed to present sufficient evidence to support a finding that he had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-28 S. B.
S. B., a Senior Parole Counselor, State Parole Board, appeals the determinations of the Executive Director, 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 (State Policy). The appellant also appeals his reassignment.
ACTION: The Civil Service Commission directed that these appeals be denied.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-29 Y. T.
Y. T., an Assistant Food Service Supervisor 2 with the Department of Corrections, appeals the determination of the Assistant Director, Equal Employment Division, which found that the investigation did not support a finding that the appellant 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-30 CONSTRUCTION OFFICIAL (PM1510B), EAST ORANGE
The Division of Classification and Personnel Management, on behalf of the City of East Orange, requests that the promotional list for Construction Official (PM1510B), East Orange, be revived in order to effectuate the permanent appointment of Lloyd Abdul-Raheem.
ACTION: The Civil Service Commission directed that this request be granted.
B-31 INVESTIGATOR (S0049N) AND INVESTIGATOR, BILINGUAL IN SPANISH AND ENGLISH (S0050N), STATEWIDE
The Judiciary requests the revival and extension of the eligible lists for Investigator (S0049N) and Investigator, Bilingual in Spanish and English (S0050N), Statewide.
ACTION: The Civil Service Commission directed that this request be granted.
B-32 PROGRAM NUTRITIONIST (M0219M), JERSEY CITY
The Division of Classification and Personnel Management requests that Jersey City be ordered to return the October 25, 2012 certification (OL121441) of the eligible list for Program Nutritionist (M0219M) for proper disposition.
ACTION: The Civil Service Commission ordered the appointing authority to properly dispose of the certification and pay compliance costs.
B-33 SENIOR EMPLOYEE BENEFITS CLERK
The City of East Orange requests permission not to make an appointment from the May 15, 2013 certification for Senior Employee Benefits Clerk (M0869P).
ACTION: The Civil Service Commission granted an appointment waiver and assessed selection costs in the amount of $2,048.
B-34 BESSIE MCDALTON
The appeal of Bessie McDalton, a Police Communications Clerk with the Newark Police Department, of her 30 working day suspension, on charges, was heard by Administrative Law Judge Kelly J. Kirk (ALJ), who rendered her initial decision on May 30, 2014. At its meeting on June 18, 2014, the Civil Service Commission did not accept the recommendation to reverse the 30 working day suspension. Rather, the Commission modified the 30 working day suspension to an official written reprimand. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (No)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-35 MARC FERRARA
Marc Ferrara requests reconsideration of the final administrative determination in In the Matter of Marc Ferrara, Correction Sergeant (PS6436I), Department of Corrections (CSC, decided May 15, 2013).
ACTION: The Civil Service Commission directed that this request be denied.
B-36 HARRY TISCH
Harry Tisch, represented by Steven W. Griegel, Esq., requests reconsideration of the final administrative decision, rendered on October 16, 2013, which denied his appeal of his non-appointment and granted the Department of Human Services' request for a waiver of the appointment requirement for the Program Support Specialist 1, Assistance Programs (S2408N), eligible list.
ACTION: The Civil Service Commission directed that this petition be denied.
B-37 TRACI WILLIAMS
Traci Williams requests reconsideration of the final administrative determination In the Matter of Traci Williams, Department of Banking and Insurance (CSC, decided April 23, 2014) which determined that her position is properly classified as Technical Assistant 1, Insurance.
ACTION: The Civil Service Commission directed that this request be denied.
B-38 SUSAN BROWN AND CHRIS DEMARCO
Susan Brown and Chris DeMarco appeal the decisions of the Division of Selection Services that, per the substitution clause for education, they did not meet the experience requirements for the promotional examination for Software Development Specialist 2 (PS9905K), Department of Human Services.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-39 LUCY CANNIZZO
Lucy Cannizzo appeals the determination of the Division of Selection Services which found that she did not meet the requirements for the promotional examination for Contract Compliance Representative (PC1086R), Morris County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-40 BRIAN COLE
Brian Cole appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Software Development Specialist 2 (PS6195J), The Richard Stockton College of New Jersey.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-41 JAGDISHBHA DARJI
Jagdishbha Darji appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Supervisor of Patients Accounts 2 (PS1744K), Department of Human Services.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-42 ANTHONY V. DEMAIO
Anthony V. DeMaio appeals the removal from his appointment as a provisional Realty Specialist Trainee, Transportation, Department of Transportation. The appellant also appeals the test mode of the open competitive examination for Realty Specialist Trainee, Transportation (S0868P).
ACTION: The Civil Service Commission directed that this appeal be denied.
B-43 TREVOR DITTMAR
Trevor Dittmar appeals the determination of the Division of Selection Services that he did not meet the requirements for the open competitive examination for Construction Official (S0814R), Statewide.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-44 PATRICIA ENGELHARDT AND IWONA JAMA
Patricia Engelhardt and Iwona Jama appeal the determinations of the Division of Selection Services which found that they were below the minimum requirements in experience for the promotional examination for Program Specialist 3 Social/Human Services (PS4524K), Division of Developmental Disabilities.
ACTION: The Civil Service Commission directed that these appeals be granted.
B-45 JUDY FORNIER
Judy Fornier appeals the determination of the Division of Selection Services that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Child Support and Paternity Specialist 1 (PS2554K), Division of Family Development.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-46 JOHN FRANKENFIELD
John Frankenfield appeals the determination of the Division of Selection Services that he did not meet the experience requirement for the promotional examination for Landscape Technician (PS6062T), Department of Transportation.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-47 GARY FRENCH
Gary French appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the promotional examination for Building Management Services Specialist 1 (PS0577K), Department of Children and Families.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-48 HARMON GARVIN
Harmon Garvin appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the qualifying examination for Administrative Analyst 2, Fiscal Management, Department of Health.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-49 REED GLADEY
Reed Gladey appeals the decision of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Social Work Supervisor 1 Psychiatric (PS6741K), Ann Klein Forensic Hospital.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-50 ROSAURA INGRAM
Rosaura Ingram appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Personnel Assistant 4 (PS1735K), Department of Children and Families.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-51 GEORGINA JOHNS, ET AL.
Georgina Johns, Shameka Pullen, and Soraya Vasquez appeal the determinations of the Division of Selection Services which found that they were below the minimum requirements in experience for the promotional examination for Child Support and Paternity Specialist 2 (PS2555K), Division of Family Development.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-52 MARY JONES
Mary Jones appeals the determination of the Division of Selection Services that she did not meet the education and experience requirements for the open competitive examination for Assistant Director of Finance (M0866R), Sparta.
ACTION: The Civil Service Commission directed that this appeal be denied and the appellant's provisional position undergo a classification review.
B-53 EDWARD JUBA, JR.
Edward Juba, Jr. appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Building Management Services Specialist 1 (PS2402K), Ann Klein Forensic Center.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-54 JEFFREY LAMBO
Essex County appeals the determination of the Division of Selection Services that found that Jeffrey Lambo did not meet the experience requirements for the promotional examination for Senior Buyer (PC0219S), Essex County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-55 STEPHANIE MATHESON
Stephanie Matheson 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 Senior Planner Emergency Management (S0132S), Statewide.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-56 EDMOND MONTI
Edmond Monti appeals his oral score and the scoring process for the promotional examination for Police Captain (PM1585R), West New York.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-57 CHRISTOPHER MOORE
Christopher Moore 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 Building Management Services Specialist 3 (S0914R), Statewide.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-58 ROBERT MOORE, JR.
Robert Moore, Jr., appeals his score for the promotional examination for Administrative Analyst 1 (PS8077K), Department of Children and Families, which was administered via the Supervisory Test Battery.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-59 MARGARET MURPHY
Margaret Murphy appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the open competitive examination for Technical Assistant 2, Community Affairs (S0762R), Statewide.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-60 HARRY NEAL
Harry Neal appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, he did not meet the experience requirements for the promotional examination for Technical Assistant, Management Information Systems (PC1719R), Bergen County Prosecutor's Office.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-61 WANDA PALMER
Wanda Palmer appeals the determination of the Division of Selection Services which found that she did not meet the experience requirement for the open competitive examination for Institutional Trade Instructor 2 Clothing (S0940R), Statewide.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-62 LUCY RODRIGUEZ
Lucy Rodriguez appeals the determination of the Division of Selection Services which found that she did not meet the requirements for the promotional examination for Senior Buyer (PS7611U), Department of the Treasury.
ACTION: The Civil Service Commission directed that this matter be held over.
B-63 MICHAEL ROSELLINI
Michael Rosellini appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the open competitive examination for Mosquito Identification Specialist (C0982R), Morris County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-64 ROSEMARIE SHARP
Rosemarie Sharp appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she was below the experience requirements for the promotional examination for Field Service Supervisor 3, Quality Control (PS9858K), Department of Human Services.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-65 PATRICIA SYKES
Patricia Sykes appeals the determination of the Division of Selection Services that she was below the minimum requirements in experience for the promotional examination for Keyboarding Clerk 2 (PM1951R), Atlantic City.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-66 PROPOSED AMENDMENT: N.J.A.C. 4A:3-4.9, ADVANCEMENT PAY ADJUSTMENTS: STATE SERVICE
Submitted for the Commission's approval is a Notice of Adoption of an amendment to N.J.A.C. 4A:3-4.9, Advancement pay adjustments: State service. The amendment would clarify that, where the State and a union agree to a promotional pay calculation that does not follow the rule but would not result in an amount greater than that allowed by the rule, the salary adjustment, per contract, applies to all subsections of N.J.A.C. 4A:3-4.9.
ACTION: The Civil Service Commission adopted the proposal.
B-67 J. J.
J. J., represented by Luretha M. Stribling, Esq., appeals her rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove her name from the eligible list for Correction Officer Recruit (S9988R) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-68 P. M.
P. M., represented by Bruce D. Leder, Esq., appeals his rejection as a Police Officer candidate by Weehawken and its request to remove his name from the eligible list for Police Officer (S9999M) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-69 J. S.
J. S., represented by Michael Prigoff, Esq., appeals his rejection as a Fire Fighter candidate by Jersey City and its request to remove his name from the eligible list for Fire Fighter (M2542M) on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-70 MICHAEL MORRIS
Michael Morris, a Senior Security Guard with the City of Trenton, represented by Jack A. Butler, Esq., petitions the Civil Service Commission to fine Trenton for delaying in providing him his back pay award as ordered in In the Matter of Michael Morris (CSC, decided September 4, 2013).
ACTION: The Civil Service Commission directed that this request be denied.
B-71 LUIS AGUILAR
Luis Aguilar, a former Technician, MVC with the Motor Vehicle Commission appeals his resignation in good standing.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-72 DELINDA HOLMES
Delinda Holmes, an Assistant Purchasing Agent, Paterson Housing Authority, represented by Anthony J. Fusco, Jr., Esq., petitions the Civil Service Commission for relief, pursuant to N.J.S.A. 11A:2-24 and N.J.A.C. 4A:2-5.1, from alleged reprisal from her employer.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-73 TEIRA EDWARDS
Teira Edwards appeals the decision of the Division of Classification and Personnel Management, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Correction Officer Recruit (S9987M), Department of Corrections eligible list on the basis of falsification of her employment application.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-74 DOUGLAS (DRAGOLJUB) ILIC
Douglas (Dragoljub) Ilic, represented by Patrick Caserta, Esq., petitions the Civil Service Commission for reconsideration of its final decision, rendered on October 2, 2013, which upheld the removal of his name from the Police Officer (Special), City of Paterson eligible list on the basis of having an unsatisfactory criminal record.
ACTION: The Civil Service Commission directed that this request be denied.
B-75 FRANK CUSTODE, ET AL.
Frank Custode, Nancy Gonzalez, and Lourdes Morell appeal the decisions of the Division of Classification and Personnel Management that the proper classification of their positions with the Department of the Treasury is Auditor 3, Taxation. The appellants seek Auditor 2, Taxation job classifications.
ACTION: The Civil Service Commission directed that these appeals be granted.
B-76 TIMOTHY M. AMISON
Timothy M. Amison appeals the determination of the Division of Selection Services which found that he did not meet the requirements for the promotional examination for Supervising Engineering Aide (PM0039Q), Hamilton Township.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-77 JACQUELINE FARMER
Jacqueline Farmer 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 Human Services Specialist 1 (PC0066S), Atlantic County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-78 DAVID IAVARONE
David Iavarone appeals the determination of the Division of Selection Services that he did not meet the experience requirement for the promotional examination for Senior Custodian (PM1973R), Jersey City School District.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-79 JASON KAYE
Jason Kaye, a Truck Driver, appeals his score on the promotional examination for Assistant Supervisor, Public Works (PM0089R), Marlboro.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-80 JOE LESKY
Joe Lesky appeals the determination of the Division of Selection Services that he was below the minimum requirements in experience for the open competitive examination for Communications Technician (C0946R), Monmouth County.
ACTION: The Civil Service Commission directed that this appeal be granted.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-81 CARL MAGBY, ET AL.
Carl Magby, Kurt Brown, Clarence Brown and Juan Meneses appeal the determinations of the Division of Selection Services, which found that they did not meet the experience requirement for the promotional examination for Motor Broom Driver (PM1882R), Hackensack.
ACTION: The Civil Service Commission directed that these appeals be granted.
B-82 MELISA VELEZ
Melisa Velez appeals the determination of the Division of Selection Services that she did not meet the experience requirement for the promotional examination for Secretarial Assistant 2, Non-Stenographic (PS2169J), The College of New Jersey.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-83 ROBERT J. YOUNG
Robert J. Young appeals the determination of the Division of Selection Services that he did not meet the experience requirement for the promotional examination for Landscape Technician (PS6062T), Department of Transportation.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-84 RYAN J. GRAY
The appeal of Ryan J. Gray, an Emergency Medical Technician with Gloucester County, of his six month suspension, on charges, was heard by Administrative Law Judge Patricia M. Kerins (ALJ), who rendered her initial decision on May 27, 2014. At its meeting on June 18, 2014, the Civil Service Commission did not adopt the ALJ's recommendation to reverse the six-month suspension. Rather, the Commission upheld the suspension. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
B-85 S. T.
S. T., a Supervising Parole Officer with the State Parole Board, appeals the determination of the Executive Director, which found sufficient evidence that the appellant had violated the New Jersey State Policy Prohibiting Discrimination in the Workplace (State Policy). The appellant also appeals the determination of the Executive Director, 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 (State Policy).
ACTION: The Civil Service Commission directed that this appeal be denied.
B-86 CIVIL SERVICE COMMISSION MINUTES
Submitted for adoption are the Civil Service Commission minutes of its meeting of June 18, 2014.
ACTION: The Civil Service Commission adopted the minutes of its June 18, 2014 meeting.
B-87 A. A.
The Department of the Treasury, on behalf of John Futey, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit him to donate more than 30 sick days to A.A., an employee of the Department of Environmental Protection, who is participating in the donated leave program.
ACTION: The Civil Service Commission directed that this request be granted.
B-88 CHANGE IN CLASSIFICATION PLAN - TITLE REACTIVATION
The Division of Classification and Personnel Management requests reactivating the title of Human Services Assistant, Deaf Language Specialist.
ACTION: The Civil Service Commission directed that this request be granted.
B-89 RENE C. LIGONS MUHAMMAD
The Appellate Division, Superior Court of New Jersey, has remanded the appeal of Rene C. Ligons Muhammad, represented by Jody T. Walker, Esq., to the Civil Service Commission so that it can make a final agency determination regarding her request for a retroactive position classification to Assistant Superintendent of Recreation.
ACTION: The Civil Service Commission directed that this appeal be granted in part.
B-90 ANTHONY JONES AND DOUGLAS MERCKX
The Salem County Sheriff's Office, on behalf of Anthony Jones and Douglas Merckx, requests that they be permitted to participate in the intergovernmental transfer program more than one year after the effective date of their layoffs as County Correction Officers, Gloucester County Sheriff's Office.
ACTION: The Civil Service Commission directed that this request be granted.
B-91 ROY QUEENAN
Roy Queenan petitions the Civil Service Commission for reconsideration of the decision rendered on April 23, 2014, which denied his appeal regarding his ineligibility for the promotional examination for Coordinator MVC (PS3709T), Motor Vehicle Commission.
ACTION: The Civil Service Commission directed that this request be granted.
B-92 ELIZABETH WAKED
Elizabeth Waked petitions the Civil Service Commission for reconsideration of the decision rendered on April 23, 2014, which denied her appeal regarding her ineligibility for the promotional examination for Coordinator MVC (PS3709T), Motor Vehicle Commission.
ACTION: The Civil Service Commission directed that this request be granted.
B-93 PROPOSED AMENDMENT: N.J.A.C. 4A:3-3.2A
Submitted for the Commission's approval is a Notice of Proposal to amend N.J.A.C. 4A:3-3.2A, Job banding: State service, in response to Senate Concurrent Resolution 116. This amendment would require State appointing authorities to have their advancement appointment selection process approved by the Chair/CEO of the Civil Service Commission or designee, and that the process would include ranking, the consideration of veterans preference, where applicable, and the obligation by the appointing authority to document the process.
ACTION: The Civil Service Commission approved the proposed amendment for public notice and comment.
Statement from Robert M. Czech, Chair/CEO
Job Banding
Pursuant to Article 5, Section 4, Paragraph 6 of the New Jersey constitution, and in response to the most recent joint resolution of the Legislature, the Civil Service Commission is again amending its rule. As with the prior rule amendments, we are addressing concerns raised by the Legislature, and we are again underscoring the merit based and competitive requirements of Banding.
In this amendment to the Banding rule, we are making it clear that ranking of employees in the advancement process is required, and the selection process must be approved at civil service.
As with our prior banding amendments, we are acting consistent with the Constitution and the statutes.
The proposed rule amendment for publication fully explains its content, and we have my prior statements that addressed the already adopted amendments.
Thank you.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, July 30, 2014, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
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