Civil Service Commission | Meeting Minutes of November 21, 2018

Deirdré L. Webster Cobb, Chairperson

Dolores Gorczyca

Daniel W. O’Mullan

November 21, 2018

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A regular meeting of the Civil Service Commission was held on Wednesday, November 21, 2018 at 10:00 a.m., in Trenton, New Jersey.

PRESENT: Deirdré L. Webster Cobb, Chairperson, Members Dolores Gorczyca (via telephone) 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The following appeals were withdrawn and removed from the hearing calendar:

Benjamin Daniels, Correctional Police Lieutenant, Department of Corrections, Central Reception and Assignment Facility, 10 working day suspension.

Tommina Johnson, Campus Police Officer, Kean University, removal.

Glenn McKeever, Senior Correction Officer, Edna Mahan Correctional Facility, Department of Corrections, 10 working day suspension.

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

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:

Shaniqua Dadd, Public Safety Telecommunicator, City of East Orange, Department of Public Safety, removal.

Stephen Lin, Insurance Analyst Trainee, Department of Banking and Insurance, released at the end of the working test period.

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

SECTION A – HEARING MATTERS

A-1 SETTLEMENTS

Peter Antonucci

City of Long Branch

Department of Public Safety

Suspension

Patrick Geary

Ocean County

Department of Corrections

Suspension

Christopher Guiro

Ocean County

Department of Corrections

Suspension

Robert Hahn

Ocean County

Department of Corrections

Suspension

Manfreth Mena

Division of Consumer Affairs

Department of Law and Public Safety

Release at the end of the working test period

John Peoples

City of Newark

Department of Engineering

Suspension

Samuel Rene

Trenton Psychiatric Hospital

Department of Health

Suspension

Eunice Santiago

New Jersey Veterans Memorial Home - Menlo Park

Department of Military and Veterans Affairs

Suspension and Demotion

Charles Watkins

Trenton Psychiatric Hospital

Department of Health

Removal

Henry Watson

City of Newark

Department of Public Safety

Suspension

Claudia Williams

Ocean County

Board of Social Services

Removal

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

ACTION: The Civil Service Commission acknowledged the settlements.

A-2 CHERYL BOROWSKI

Cheryl Borowski, former Adjunct Professor, Kean University, appeal of violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.

Recommendation of the Administrative Law Judge – Dismiss the appeal for the lack of jurisdiction.

ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

A-3 YOLANDE DUBUISSON

Yolande Dubuisson, Cottage Training Technician, Woodbridge Developmental Center, Department of Human Services, two removals effective September 14, 2012 on charges of sleeping while on duty and violation of policy and procedures.

Recommendation of the Administrative Law Judge – Uphold the removals.

ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

A-4 DOREEN MEHESKI

Doreen Meheski, Keyboarding Clerk 2, Mercer County, Department of the Clerk, removal effective February 2, 2016 on charges of chronic or excessive absenteeism, conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge – Grant the motion for summary decision and uphold the removal.

ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.

A-5 JAIME VELEZ (A written decision will be posted in this matter when the Civil Service Commission adopts the decision at a future meeting.)

Jaime Velez, Police Sergeant, Irvington Township, Police Department, removal effective March 20, 2018 on charges of violations of duties, responsibilities and accountability of supervisory personnel, inefficiency and incompetency and responsibility for preliminary and follow-up of investigations.

Recommendation of the Administrative Law Judge – Modify the removal to a three working day suspension.

ACTION: The Civil Service Commission modified the removal to a 30 working day suspension.

SECTION B – MISCELLANEOUS MATTERS

B-1 D.B. – CSC DOCKET NO. 2017-3761

D.B. appeals his rejection as a Fire Fighter candidate by the City of Camden and its request to remove his name from the eligible list for Fire Fighter (M1509T), City of Camden 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 J.G. – CSC DOCKET NO. 2017-3386

J.G., represented by Steven Brizek, Esq., appeals his rejection as a Police Officer candidate by the City of Passaic and its request to remove his name from the eligible list for Police Officer (S9999R), Passaic 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 B.H. – CSC DOCKET NO. 2018-519

B.H. appeals his rejection as a Sheriff’s Officer candidate by the Hudson County Sheriff’s Office and its request to remove his name from the eligible list for Sheriff’s Officer (S9999R), Hudson County 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-4 D.H. – CSC DOCKET NO. 2018-789

D.H. appeals his rejection as a Correctional Police Officer candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Police Officer (S9988U), Department of Corrections 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-5 T.H. – CSC DOCKET NO. 2016-996

T.H., represented by Stephen B. Hunter, Esq., appeals her rejection as a Police Officer candidate by the City of Elizabeth Police Department and its request to remove her name from the eligible list for Police Officer (S9999R), City of Elizabeth 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-6 M.M. – CSC DOCKET NO. 2016-3144

M.M., represented by Jeffrey S. Ziegelheim, Esq., appeals his rejection as a Correctional Police Officer candidate by the Department of Corrections and its request to remove his name from the eligible list for Correctional Police Officer (S9988T), Department of Corrections 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-7 RHONDA BETHEA – CSC DOCKET NO. 2018-3285

Rhonda Bethea appeals the removal of her name from the Correction Officer Recruit (S9988T), Department of Corrections, eligible list on the basis of an unsatisfactory background report and falsification of her employment application.

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

B-8 SHARONDA BODISON – CSC DOCKET NO. 2018-3080

Sharonda Bodison appeals the removal of her name from the Fire Fighter (M1540T), Irvington, eligible list on the basis of an unsatisfactory criminal record.

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

B-9 SHOLEM EGERT – CSC DOCKET NO. 2018-3732

Sholem Egert appeals his removal from the eligible list for Police Officer (S9999U), Lakewood, on the basis of falsification of his pre-employment application.

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

B-10 PATRICK FARRELL, JR. – CSC DOCKET NO. 2019-30

Patrick Farrell, Jr., represented by Michael L. Prigoff, Esq., appeals his removal from the eligible list for Fire Fighter (M1544T), Jersey City on the basis that he falsified his application.

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

B-11 JEREMY FELICIANO – CSC DOCKET NO. 2018-3439

Jeremy Feliciano, represented by Bette R. Grayson, Esq., appeals his removal from the eligible list for Police Officer (S9999U), Newark on the basis that he falsified his application.

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

B-12 ALBERT GONZALEZ, JR. – CSC DOCKET NO. 2019-31

Albert Gonzalez, Jr., represented by Michael L. Prigoff, Esq., appeals his removal from the eligible list for Fire Fighter (M1544T), Jersey City on the basis of an unsatisfactory background report.

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

B-13 JAMES L. TAYLOR – CSC DOCKET NO. 2017-4030

James L. Taylor appeals his removal from the eligible list for Correctional Police Officer (S9988T), Department of Corrections.

ACTION: The Civil Service Commission directed that this appeal be granted but the appellant’s name be recorded as bypassed.

B-14 CLAUDIA NINA – CSC DOCKET NO. 2018-3191

Claudia Nina appeals the bypass of her name on the Clerk 2, Bilingual in Spanish and English (PC1714T), Hudson County, eligible list.

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

B-15 PAUL NEWMAN – CSC DOCKET NO. 2019-54

Paul Newman, represented by Michael L. Prigoff, Esq., appeals his removal from the eligible list for Fire Fighter (M1544T), Jersey City on the basis of an unsatisfactory background report.

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

B-16 CHARLES MCGOVERN – CSC DOCKET NO. 2018-1253

Charles McGovern appeals the decision of the Division of Agency Services which found that his position with the Department of the Treasury is correctly classified as Special Agent 2. The appellant seeks a Special Agent 1 job classification.

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

B-17 PATRICK SCHEFFER – CSC DOCKET NO. 2018-2580

Patrick Scheffer appeals the decision of the Division of Agency Services that his position with the Motor Vehicle Commission is properly classified as a Technician Support Specialist 2. The appellant seeks a Technical Support Specialist 1 job classification.

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

B-18 DANIEL HARKINS – CS DOCKET NO. 2019-1075

Daniel Harkins appeals the decision of the Division of Agency Services which found that he did not meet the experience requirements for the promotional examination for the dual title Sewer Repairer Supervisor/Water Repair Supervisor (PM1177W), Gloucester City.

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

B-19 DAWN MCNAMARA – CSC DOCKET NO. 2019-848

Dawn McNamara appeals the determination of the Division of Agency Services that she did not meet the experience requirements for the promotional examination for Administrative Analyst 3, Fiscal Management (PS6889H), Department of Health.

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

B-20 RICHARD MEDEL – CSC DOCKET NO. 2019-1194

Richard Medel appeals the determination of the Division of Agency Services that he did not meet the experience requirements for the promotional examination for Assistant Social Work Supervisor, Psychiatric (PS6985H), Greystone Park Psychiatric Hospital.

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

B-21 JULIO VEGA – CSC DOCKET NO. 2019-845

Julio Vega appeals the decision of the Division of Agency Services which found that he did not meet the experience requirements for the promotional examination for Road Repair Supervisor (PM1222W), Perth Amboy.

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

B-22 JOHN DELANEY, ET AL. – CSC DOCKET NOS. 2019-609, ET AL.

John Delaney (PC2608V), Hudson County; and Jeffrey Iannacone, Chinere Mills and Brian Weitzman (PC2601V), Passaic County; appeal the promotional examination for Sheriff’s Officer Sergeant (various jurisdictions).

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

B-23 HEATH BERNSTEIN – CSC DOCKET NO. 2018-3011

Heath Bernstein, a Manager 3, Human Services, with the Department of Children and Families, appeals the calculation of his salary pursuant to N.J.A.C. 4A:3-2.9.

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

B-24 CIVIL SERVICE COMMISSION MINUTES

Submitted for adoption are the Civil Service Commission minutes of its meeting of October 31, 2018.

ACTION: The Civil Service Commission adopted the minutes of its meeting on October 31, 2018.

B-25 CIVIL SERVICE COMMISSION MEETING DATES FOR 2019

The proposed 2019 Civil Service Commission meeting dates are submitted for approval.

ACTION: The Civil Service Commission adopted the Civil Service Commission meeting dates for 2019.

B-26 JOINT ORDER ON CONSOLIDATION AND PREDOMINANT INTEREST – JESSICA PEREZ v. SUPERIOR COURT OF NEW JERSEY, ESSEX VICINAGE – CSC DOCKET NO. 2018-2620

Administrative Law Judge Julio C. Morejon (ALJ) issued an Order of Consolidation and Predominant Interest in the matters of Jessica Perez v. Superior Court of New Jersey, Essex Vicinage and Probation Association of New Jersey - Professional Case-Related Unit v. New Jersey State Judiciary. Based on the ALJ's Order, the Civil Service Commission and the Public Employment Relations Commission developed a Joint Order.

ACTION: The Civil Service Commission adopted the Joint Order.

B-27 KIM CARDELLA – CSC DOCKET NO. 2019-1082

Kim Cardella appeals the decision of the Division of Agency Services which found that she did not meet the experience requirements for the promotional examination for Executive Assistant (PC0313W), Hudson County.

ACTION: The Civil Service Commission directed that this appeal be denied and referred the classification of the appellant’s position to the Division of Agency Services.

B-28 DANIEL BELL, ET AL. – CSC DOCKET NOS. 2019-562, ET AL.

Daniel Bell, Colossain Davis, Jason Harba, Sandy Hassan, Michael Haywood, Robert Hoehman, Stanley Kabrt, Michael Kostbar, Abel Rivera and Douglas Stark appeal the examination for Correctional Police Lieutenant (PS6183I), Department of Corrections.

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

B-29 IRIS BORRERO – CSC DOCKET NO. 2019-1085

Iris Borrero requests to be permitted to submit an application for the open competitive examination for Microbiologist 4 (S0237W), Statewide after the filing deadline.

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

B-30 ELIZABETH BUI – CSC DOCKET NO. 2019-1094

Elizabeth Bui, represented by Michele Long-Vickers, Executive Vice President, CWA Local 1040, requests to be permitted to submit an application for the promotional examination for Principal Physical Therapist (PS4616K), Hunterdon Developmental Center after the filing deadline.

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

B-31 BRADLEY DOWNING – CSC DOCKET NO. 2019-577

The Borough of Roselle, represented by Margaret A. Miller, Esq., petitions the Civil Service Commission for a retroactive date of appointment to the title of Police Captain for Bradley Downing, in order to effectuate the terms of a settlement agreement.

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

B-32 COMMUNICATIONS OPERATOR, SECURED FACILITIES – CSC DOCKET NO. 2019-202

The Division of Agency Services seeks enforcement of its decision of May 5, 2016 which precludes the routine assignment of inmate control to Communications Operator, Secured Facilities.

ACTION: The Civil Service Commission directed that Hudson County continue strictly following its policy to ensure that Communications Operators, Secured Facilities, open and close security door/gates in the facility under supervision of a custodial supervisor.

B-33 ADRIENNE BROWN – CSC DOCKET NO. 2019-1030

Adrienne Brown appeals the determination of the Division of Agency Services which found that she did not meet the minimum requirements in experience for the promotional examination for Technical Assistant Classification (PS6913I), Department of Corrections.

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

B-34 JEREMY BALTIMORE, ET AL. – CSC DOCKET NOS. 2019-901, ET AL.

Jeremy Baltimore, Vincent Canonica, Kevin DiLello, Mark Ferrera, Mark Littles, Janina Love, Joseph Sorantino and Patrick Wood appeal the written examination for Correctional Police Sergeant (PS9466I), Department of Corrections.

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

B-35 RYAN MORGAN – CSC DOCKET NO. 2019-311

Ryan Morgan appeals the bypass of his name on the Police Sergeant (PM5170N), Winslow Township eligible list.

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

B-36 NANCY FRATZ – CSC DOCKET NO. 2019-398

Nancy Fratz appeals the decision of the Division of Agency Services that the proper classification of her position with the Office of the Public Defender is Assistant Deputy Public Defender 3. The appellant seeks an Assistant Deputy Public Defender 1 classification.

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

B-37 SHIMERA HUNTER – CSC DOCKET NO. 2019-634

Camden County appeals the determination of the Division of Agency Services that the proper classification of Shimera Hunter’s position is Senior Account Clerk. It seeks an Account Clerk job classification for Hunter.

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

B-38 CHARLES WILKINS – CSC DOCKET NO. 2019-1190

Charles Wilkins appeals the determination of the Division of Agency Services that he did not meet the experience requirements for the promotional examination for Network Administrator 2 (PS7256U), Office of Information Technology.

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

B-39 DEPUTY POLICE CHIEF (PM0511W), JERSEY CITY – CSC DOCKET NO. 2019-933

The City of Jersey City, represented by Peter J. Baker, Corporation Counsel, appeals the determination of the Division of Agency Services denying its request to waive the promotional examination for Deputy Police Chief (PM0511W), Jersey City.

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

B-40 CHRISTOHER DARCY – CSC DOCKET NO. 2019-1047

Christopher Darcy, a former Laborer 1 with the Town of Harrison, represented by Colin M. Page, Esq., appeals his resignation in good standing, effective September 14, 2018.

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

PUBLIC PORTION

John Carroll, a representative of Jersey City, asked a question about item B-39 on the agenda.

There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, December 5, 2018, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.