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Robert M. Czech, Chairperson
Thomas J. Perna
Richard E. Williams
September 16, 2015
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A regular meeting of the Civil Service Commission was held on Wednesday, September 16, 2015, in Trenton, New Jersey.
PRESENT: Robert M. Czech, Chairperson, Members 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 11, 2014, 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
Clifford Barnes
Bayside State Prison
Department of Corrections
Suspension
Scott Campion
Middlesex County
Sheriff Department
Removal
Lance Crenny
Bayside State Prison
Department of Corrections
Suspension
Darryl Gatewood
Greystone Park Psychiatric Hospital
Department of Human Services
Removal
Jamila Laster-Riley
New Lisbon Developmental Center
Department of Human Services
Removal
Ardelie McElroy
Newark School District
Suspension
Lesley Stromberg
Monmouth County
Department of Engineering
Suspension
VOTE: Robert M. Czech (Abstained)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
Otis Truitt
Bayside State Prison
Department of Corrections
Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 SONYA BELL, et al. (consolidated)
Sonya Bell, Eduardo Rodriguez, Archie Williams, and Charles Lyons, employees with the City of Camden, appeal the good faith of their layoff.
Recommendation of the Administrative Law Judge - Uphold the layoffs.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge. The Commission also noted the dismissal of the appeals of Barbara Bellamy-Johnson, Alfred Dansbury, Stephanie Holmes, William Lutz, and Dwaine Williams
A-3 GERARD EATMAN
Gerard Eatman, Police Officer, City of Newark, Police Department, removal effective October 19, 2007, on charges of conduct unbecoming a public employee and other sufficient cause.
Recommendation of the Administrative Law Judge - Modify the removal to a 60 working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-4 TERRANCE HARRISON
Terrance Harrison, Police Officer, Township of Clark, Department of Public Safety, 20 working day suspension on charges of incompetency, insubordination, and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the 20 working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-5 CHARLAYNE POWELL
Charlayne Powell, Firefighter, City of Paterson, Fire Department, removal effective February 16, 2015, on charges of inability to perform duties.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-6 RICHARD SAZON
Richard Sazon, Graduate Nurse, Camden County, Department of Health Services, removal effective June 13, 2013, on charges of incompetency, inefficiency, or failure to perform duties; conduct unbecoming a public employee; and neglect of duty.
Recommendation of the Administrative Law Judge - Dismiss the appeal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
SECTION B - MISCELLANEOUS MATTERS
B-1 A.D. - CSC DOCKET NO. 2015-1123
A.D., represented by Oswin E. Hadley, Esq., appeals his rejection as 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-2 JESSICA PUGLISE - CSC DOCKET NO. 2015-1611
Jessica Puglise, represented by Anthony J. Fusco, Jr., Esq., appeals the removal of her name from the eligible list for County Correction Officer (S9999R), Morris County Sheriff's Office, on the basis of two diluted drug tests.
ACTION: The Civil Service Commission directed that this appeal be granted in part.
B-3 STANLEY FRANCOIS - CSC DOCKET NO. 2015-2950
Stanley Francois, represented by John R. Schwartz, Esq., appeals the decision of the Division of Agency Services, which found that the appointing authority had presented a sufficient basis to remove the appellant's name from the Police Officer (S9999M), Jersey City, eligible list on the basis of an unsatisfactory criminal record.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-4 NOUR KANAAN - CSC DOCKET NO. 2016-702
Nour Kanaan appeals the decision of the Division of Agency Services, 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 granted.
B-5 JAY BENDER - CSC DOCKET NO. 2015-2649
Jay Bender, represented by William D. Sayers, Esq., appeals the decision of the Division of Agency Services that the proper classification of his position with the Borough of Fair Lawn is the dual title of Fire Official/Fire Protection Subcode Official. The appellant seeks the removal of asserted out-of-title duties.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-6 JEFFREY BROWN - CSC DOCKET NO. 2015-1088
Jeffrey Brown appeals the decision of the Division of Classification and Personnel Management that the proper classification of his position with the Department of Law and Public Safety is Building Management Services Specialist 2. The appellant seeks a Building Management Services Specialist 1 job classification. Additionally, the appellant appeals his failure to be appointed as an Administrative Analyst 1.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-7 L.L. - CSC DOCKET NO. 2015-3324
L.L. appeals the decision of the Division of Agency Services that the proper classification of her position with the Department of Human Services is Technical Assistant 3. The appellant seeks a Technical Assistant 2, Community Affairs job classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-8 JAMES ALLEN - CSC DOCKET NO. 2015-2276
James Allen appeals the determination of the Division of Agency Services, which found that, per the substitution clause for education, he did not meet the experience requirements for the promotional examination for Network Administrator 1 (PS9430I), State Parole Board.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-9 DAVID CORSARO AND EARL ODD - CSC DOCKET NO. 2016-810
David Corsaro and Earl Odd appeal the determination of the Division of Agency Service which found that they were below the minimum requirements in experience for the promotional examination for Supervisor of Public Works (PM0270T), Voorhees Township.
ACTION: The Civil Service Commission directed that these appeals be granted.
B-10 MICHAEL RIKER - CSC DOCKET NO. 2015-3264
Michael Riker appeals the determination of the Division of Agency Services that he was below the minimum requirements in experience for the promotional examination for Investigator Secured Facilities (PC0560T), Monmouth County.
ACTION: The Civil Service Commission directed that this appeal be granted.
VOTE: Robert M. Czech (Abstained)
Thomas J. Perna (Yes)
Richard E. Williams (Yes)
B-11 LINDA TAYLOR - CSC DOCKET NO. 2016-878
Linda Taylor appeals the determination of the Division of Agency Services which found that she was below the minimum requirements in experience for the promotional examination for Dispute Resolution Specialist 2 (PS0279G), Department of Environmental Protection.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-12 FIRE OFFICER 3 (PM1256N), JERSEY CITY - CSC DOCKET NO. 2016-726
Jersey City requests the extension of the eligible list for Fire Officer 3 (PM1256N), Jersey City.
ACTION: The Civil Service Commission directed that this request be denied.
B-13 TONY ABILIO - CSC DOCKET NO. 2016-890
The Borough of North Arlington requests that the eligible list for Police Sergeant (PM2713L) be revived to allow for the retroactive appointment of Tony Abilio, effective October 25, 2012.
ACTION: The Civil Service Commission directed that this request be granted.
B-14 SAMI ZEIDAN - CSC DOCKET NO. 2016-907
Montclair State University requests a retroactive date of appointment and retroactive working test period for Sami Zeidan as a Campus Police Officer Recruit, effective July 14, 2014.
ACTION: The Civil Service Commission directed that this request be granted in part.
B-15 JOANNE FLETCHER AND ADRIENNE REYES - CSC DOCKET NO. 2016-191
Joanne Fletcher and Adrienne Reyes, former Clerks 1 with Atlantic City, represented by Robert F. O'Brien, Esq., appeal the determinations of their layoff rights by the Division of Agency Services.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-16 ERIC MASON - CSC DOCKET NO. 2016-648
Eric Mason, a former Boiler Operator with Atlantic City appeals the determination of his layoff rights by the Division of Agency Services.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-17 MARISOL PEREZ - CSC DOCKET NO. 2016-723
Marisol Perez, a former Residential Services Worker with the Department of Human Services, Woodbridge Developmental Center, appeals her layoff rights with regard to her demotion in lieu of layoff to Senior Maintenance Worker.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-18 QUWANA PRICE-COUCH, ET AL. - CSC DOCKET NO. 2016-172
Quwana Price-Couch, Terry Phillips, Venessa McGowan, Muhammad Khan, George Brown, Efrain Morales, Jerome Williams, John Bucci III, Ganeen Brooks, Tamee Jones, Gloria Hamlett, and Sharay Hampton, Atlantic City, represented by Robert F. O'Brien, Esq., appeal the determination of their layoff rights by the Division of Agency Services.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-19 MATTHEW VILARDO - CSC DOCKET NO. 2015-2563
Matthew Vilardo, a Laborer 1 with the Jersey City Public Schools, represented by Ronald M. Gutwirth, Esq., seeks enforcement of the attached Civil Service Commission decision rendered on February 4, 2015, granting the appellant mitigated back pay and counsel fees.
ACTION: The Civil Service Commission directed that this request be granted.
B-20 P.Z. - CSC DOCKET NO. 2015-2421
P.Z., an Occupational Safety Consultant 2 with Trenton Psychiatric Hospital, Department of Human Services, appeals the determination of the Equal Employment Opportunity Director, 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 Working.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-21 WADE GUSHARD - CSC DOCKET NO. 2015-2516
Wade Gushard, a Senior Correction Officer with the Edna Mahan Correctional Facility, appeals his five-day suspension.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-22 WADE GUSHARD - CSC DOCKET NO. 2015-614
Wade Gushard, a Senior Correction Officer with the Edna Mahan Correctional Facility, appeals his five-day suspension.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-23 CIVIL SERVICE COMMISSION MINUTES
Submitted for adoption are the Civil Service Commission minutes of its meeting of September 2, 2015.
ACTION: The Civil Service Commission adopted the minutes of its meeting on September 2, 2015.
B-24 MONICA THOMPSON - CSC DOCKET NO. 2015-3196
Monica Thompson appeals Union County's request for the removal of her name from the eligible list for Juvenile Detention Officer (C0689R), Union County, due to her unsatisfactory driving record.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-25 GARY CHARYAK - CSC DOCKET NO. 2015-2793
Gary Charyak requests that he be appointed from the Environmental Specialist 3 (PS5264G), Department of Environmental Protection eligible list.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-26 CHANGE IN THE CLASSIFICATION PLAN - TITLE CONSOLIDATION
The Division of Agency Services requests the consolidation of the Mail Clerk title series.
ACTION: The Civil Service Commission directed that this request be granted.
B-27 CHANGE IN THE CLASSIFICATION PLAN - COMMUNITY SERVICE OFFICER, ADDICTIONS TITLE SERIES
The Division of Agency Services requests verbiage changes to the Community Service Officer, Addictions title series.
ACTION: The Civil Service Commission directed that this request be granted.
B-28 J.T. - CSC DOCKET NO. 2015-2242
J.T., represented by Brian M. Cige, Esq., appeals his rejection as a Police Sergeant candidate by Rockaway Township and its request to remove his name from the eligible list for Rockaway Township (PM5149N) 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-29 EDGAR THOMAS - CSC DOCKET NO. 2016-821
Edgar Thomas appeals the determination of the Division of Agency Services which found that he was below the minimum requirements in experience for the open competitive examination for Senior Maintenance Repairer, Fire Equipment (M0299T), Moorestown.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-30 BRYANT GARCIA - CSC DOCKET NO. 2015-2860
Bryant Garcia requests a make-up examination for Correction Officer Recruit (S9988T), Department of Corrections.
ACTION: The Civil Service Commission directed that this request be granted.
B-31 THOMAS BORR - CSC DOCKET NO. 2015-2670
Thomas Borr, an Assistant District Parole Supervisor with the State Parole Board, requests a waiver of repayment of a salary overpayment, pursuant to N.J.S.A. 11A:3-7.
ACTION: The Civil Service Commission directed that this request be granted in part.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, October 7, 2015, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
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