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Deirdré L. Webster Cobb, Chairperson
Dolores Gorczyca
Daniel W. O’Mullan
August 15, 2018
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A regular meeting of the Civil Service Commission was held on Wednesday, August 15, 2018 at 10:00 a.m, 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The following appeals were withdrawn and removed from the hearing calendar:
Gregory Glenn, County Correction Officer, Cumberland County Jail, removal.
Dawn Gorden County Correction Officer, Camden County, Department of Corrections, suspension.
Ercilia Riordan, Sheriff’s Officer, Middlesex County, Sheriff’s Department, removal.
Thomas Schmittler, Police Officer, Bloomfield Township, Police Department, removal.
Brandy Valasa, County Correction Officer, Monmouth County, Department of Corrections and Youth Services, suspension.
Karen Vitulli, Family Service Specialist 2, Department of Children and Families, release at the end of the working test period.
ACTION: The Civil Service Commission noted the withdrawal of appeals without prejudice.
SECTION A – HEARING MATTERS
A-1 SETTLEMENTS
Silas Cardoza
Middlesex County
Department of Corrections
Removal
Karl Johnson
Monroe Township
Department of Public Safety
Removal
Marlene Muldrow
Ancora Psychiatric Hospital
Department of Health
Suspension
Marlene Muldrow
Ancora Psychiatric Hospital
Department of Health
Suspension
Marlene Muldrow
Ancora Psychiatric Hospital
Department of Health
Removal
Marlene Muldrow
Ancora Psychiatric Hospital
Department of Health
Removal
Marlene Muldrow
Ancora Psychiatric Hospital
Department of Health
Removal
Marlene Muldrow
Ancora Psychiatric Hospital
Department of Health
Removal
David Martinez
Hudson County
Department of Family Services
Suspension
Carmen Rivera (Consolidated)
City of Newark
Police Department
Suspensions (2)
Janice Robertson
Ancora Psychiatric Hospital
Department of Health
Removal
Paul A. Smith
Passaic County
Preakness Health Center
Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES – SETTLEMENT
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 ALBERT ALVARADO
Albert Alvarado, Laborer 1, City of Vineland, Department of Public Works, removal effective December 2, 2015 on charges of conviction of a crime, 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.
A-3 ERICA DAVIS-SMITH
Erica Davis-Smith, County Correction Officer, Mercer County, Department of Public Safety, removal effective November 15, 2012 on charges of inability to perform duties.
Recommendation of the Administrative Law Judge – Modify the removal to a resignation in good standing.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-4 ELVIS LUGARDO
Elvis Lugardo, Police Officer, City of Newark Police Department, 60 working day suspension on charges of conduct unbecoming a public employee, neglect of duty and other sufficient cause.
Recommendation of the Administrative Law Judge – Modify the 60 working day suspension to a 30 working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-5 CYNTHIA PENA
Cynthia Pena, Human Services Specialist 1, Passaic County Board of Social Services, removal effective March 19, 2018 on charges of excessive absenteeism and inability to perform duties.
Recommendation of the Administrative Law Judge – Dismiss the appeal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-6 DARIO RUIZ
Dario Ruiz, Senior Correction Officer, South Woods State Prison, Department of Corrections, removal effective December 7, 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 affirmed the recommendation of the Administrative Law Judge.
A-7 SAMAD WASHINGTON
Samad Washington, Police Officer, City of Newark Police Department, three-month suspension (92 calendar days) on charges of insubordination and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge – Uphold the three-month suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
SECTION B – MISCELLANEOUS MATTERS
B-1 TITLE REACTIVATION – GOVERNOR’S FELLOW – CSC DOCKET NO. 2019-316
The Division of Agency Services requests the reactivation of the title Governor’s Fellowship Intern and to rename the title Governor’s Fellow.
ACTION: The Civil Service Commission directed that this request be granted.
B-2 M.F. – CSC DOCKET NO. 2017-2267
M.F., represented by Michael G. Brucki, Esq., appeals his rejection as a County Correction Officer candidate by Union County and its request to remove his name from eligible list for County Correction Officer (S9999R) 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-3 JAMES O’LOUGHLIN – CSC DOCKET NO. 2018-2912
James O’Loughlin appeals his removal from the eligible list for Fire Fighter (M1540T), Irvington on the basis that he possessed an unsatisfactory driving record.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-4 DOMENICO R. PLESKONKO – CSC DOCKET NO. 2018-2595
Domenico R. Pleskonko, represented by Nancy A. Valentino, Esq., appeals the removal of his name from the County Correction Officer (S9999U), Camden County, eligible list on the basis of an unsatisfactory employment record.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-5 MELVIN RICO – CSC DOCKET NO. 2018-3396
Melvin Rico, represented by Marvin J. Hammerman, Esq., appeals his removal from the list for Correctional Police Officer (S9988T), Department of Corrections on the basis that he possessed an unsatisfactory criminal record.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-6 ROBERT SINICROPI – CSC DOCKET NO. 2018-2891
Robert Sinicropi appeals his removal from the eligible list for Parole Officer Recruit (S1000U), State Parole Board on the basis that he possessed an unsatisfactory background.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-7 CAROLYN POWELL – CSC DOCKET NO. 2018-1155
Carolyn Powell appeals the decision of the Division of Agency Services which found that her position with the Department of Health is properly classified as Secretarial Assistant 1, Non-Stenographic. The appellant seeks a Senior Management Assistant job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-8 EDWARD BISONO – CSC DOCKET NO. 2018-3024
Edward Bisono appeals the determination of the Division of Agency Services that he did not meet the experience requirement for the promotional examination for Safety Officer, Developmental Disabilities (PS3852K), Department of Human Services.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-9 JOHN DELESANDRO AND SUSAN WOIDILL – CSC DOCKET NOS. 2018-3501 AND 2018-3500
John Delesandro and Susan Woidill appeal the determinations of the Division of Agency Services that they did not meet the experience requirements for the promotional examination for Assistant Director, Codes, Standards and Housing Development (PS6516DN), Department of Community Affairs.
ACTION: The Civil Service Commission directed that these appeals be granted.
B-10 CHEETARA GOODWIN – CSC DOCKET NO. 2018-2575
Cheetara Goodwin appeals the determination of the Division of Agency Services that she did not meet the experience requirements for the promotional examination for Substance Abuse Counselor 2 (PS3541K), Greystone Park Psychiatric Hospital.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-11 APRIL HUDSON AND TRACY REEVES – CSC DOCKET NOS. 2018-3728 AND 2018-3718
April Hudson and Tracy Reeves appeal the determinations of the Division of Agency Services that they did not meet the experience requirements for the promotional examination for Claims Adjudicator Support Specialist 2 (PS6593N), Department of Labor and Workforce Development.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-12 AMARILYS SERRANO – CSC DOCKET NOS. 2018-3237 AND 2018-3238
Amarilys Serrano appeals the determinations of the Division of Agency Services which found that, per the substitution clause for education, she did not meet the experience requirements for the open-competitive examination for Field Representative Housing (Housing Assistances Program) (S0254W), and she was not eligible for the promotional examination for Technical Assistant 3, Community Affairs (PS5827D), Department of Community Affairs, as she was not permanent in a competitive title.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-13 CHERYL THOMPSON – CSC DOCKET NO. 2018-3663
Cheryl Thompson appeals the determination of the Division of Agency Services that she did not meet the experience requirements for the promotional examination for Secretarial Assistant 2, Non-Stenographic (PS7288H), Ann Klein Forensic Center.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-14 KEVIN MCELROY – CSC DOCKET NO. 2019-211
The Division of Agency Services, on behalf of Hamilton Township, requests revival of the list for Fire Protection Inspector (M2168N) and the retroactive permanent appointment of Kevin McElroy, effective August 25, 2011, and a provisional appointment effective July 18, 2011.
ACTION: The Civil Service Commission directed that this request be granted.
B-15 MICHAEL MANDRIOTA – CSC DOCKET NO. 2019-213
The Division of Agency Services, on behalf of Jersey City, requests the retroactive permanent appointment of Michael Mandriota to the title of Fire Officer 1, effective July 12, 2016.
ACTION: The Civil Service Commission directed that this request be granted.
B-16 HUMAN SERVICES AIDE, BILINGUAL IN HINDI AND ENGLISH; AND HUMAN SERVICES AIDE, MULTILINGUAL IN HINDI, GUJARATI AND ENGLISH – CSC DOCKET NO. 2019-203
The Division of Agency Services requests the creation of the noncompetitive titles of Human Services Aide, Bilingual in Hindi and English; and Human Services Aide, Multilingual in Hindi, Gujarati and English.
ACTION: The Civil Service Commission directed that this request be granted.
B-17 ADMIRAL WIMBERLEY – CSC DOCKET NO. 2018-2993
Admiral Wimberley appeals the administration of the oral portion of the examination for Fire Captain (PM1046V), Newark.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-18 MICHAEL LUBY – CSC DOCKET NO. 2019-78
Michael Luby appeals the determination of the Division of Administrative Services denying his request for a make-up examination for Assistant District Parole Supervisor (PS5490I), State Parole Board.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-19 ALLEN KENNEY – CSC DOCKET NO. 2018-3120
Allen Kenney, a former Senior Correction Officer, Juvenile Justice Commission, represented by Charles J. Sciarra, Esq., requests reconsideration of the initial decision of the Administrative Law Judge which was deemed adopted as the Civil Service Commission’s final decision on March 27, 2018, upholding his removal.
ACTION: The Civil Service Commission directed that this request be denied.
B-20 CIVIL SERVICE COMMISSION MINUTES
Submitted for adoption are the Civil Service Commission minutes of its meeting of August 1, 2018.
ACTION: The Civil Service Commission adopted the minutes of its meeting on August 1, 2018.
B-21 MICHAEL GIBILISCO, ET AL. – CSC DOCKET NOS. 2016-3990, ET AL.
Michael Gibilisco, Debra Goeke and Stephen Mayer, appeal the determinations of their salary upon their promotion to their current title pursuant to N.J.A.C. 4A:3-4.9.
ACTION: The Civil Service Commission directed that these appeals be granted.
B-22 CHRISTOPHER MUNN – CSC DOCKET NO. 2018-2366
Christopher Munn, a Police Officer with the City of Trenton Police Department, represented by Paul W. Tyshchenko, Esq., requests to reinstate the appeal of his 120-hour suspension, which was dismissed on the basis of his failure to appear at the April 17, 2018 settlement conference at the Office of Administrative Law.
ACTION: The Civil Service Commission directed that this request be granted.
B-23 JUAREZ HILL – CSC DOCKET NO. 2016-1885
The appeal of Juarez Hill, a Code Enforcement Officer with Newark, of his removal effective January 2, 2015, on charges, was before Administrative Law Judge Caridad F. Rigo, who rendered her initial decision on June 15, 2018. At its meeting on August 1, 2018, the Civil Service Commission ordered that this matter be remanded to the Office of Administrative Law. The proposed decision is now submitted for the Commission’s review.
ACTION: The Civil Service Commission adopted the decision.
B-24 REALLOCATION OF TITLES IN THE DEPARTMENT OF HEALTH -CSC DOCKET NO. 2019-357
The Division of Agency Services requests the reallocation of certain titles to the noncompetitive division of the career service from August 18, 2018 to September 1, 2018.
ACTION: The Civil Service Commission directed that this request be granted.
B-25 NEIL RACITI – CSC DOCKET NO. 2018-3711
Neil Raciti, a Sheriff’s Officer with Middlesex County, represented by Peter B. Paris, Esq., petitions the Civil Service Commission for interim relief regarding his indefinite suspension without pay, commencing on September 21, 2015.
ACTION: The Civil Service Commission directed that this petition be granted in part.
B-26 ANIMAL CARETAKER - CSC DOCKET NO. 2019-280
The Division of Agency Services requests creation of the noncompetitive title of Animal Caretaker.
ACTION: The Civil Service Commission directed that this request be granted.
B-27 BERNICE LAGANA – CSC DOCKET NO. 2018-3615
Bernice Lagana appeals the bypass of her name on the Administrative Assistant 2 (PS4564P), Department of Law and Public Safety eligible list.
ACTION: The Civil Service Commission directed that this appeal be dismissed as untimely.
B-28 FATIMAH LITTLEJOHN – CSC DOCKET NO. 2018-240
Fatimah Littlejohn, a Social Worker 1, Psychiatric, formerly at Trenton Psychiatric Hospital, Department of Health, appeals the calculation of her salary upon her appointment to the title effective December 14, 2018.
ACTION: The Civil Service Commission directed that this appeal be denied.
PUBLIC PORTION
No comment.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, September 5, 2018, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
