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Meeting Minutes of November 24, 1998
Janice Mitchell Mintz, Chairwoman Margaret E. L. Howard Judith L. Shaw Julius J. Mastro Edward W. Verner, M.D.
A regular meeting of the Merit System Board was held on Tuesday, November 24, 1998 in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz; Merit System Board Members, Margaret E.L. Howard, Judith L. Shaw, Julius J. Mastro, and Edward W. Verner, M.D., Andrea Grundfest, Deputy Attorney General; Henry Maurer, Director, Elizabeth A. Napolitano, Sybil Janowitch, and Charles Spano, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, Janice Mitchell Mintz, Chairwoman, Merit System Board, 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 1, 1997 and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.
All other actions were by unanimous vote unless otherwise specified. Judith L. Shaw abstained on items A-15 through A-17 and items B-53 through B-62.
State
The Merit System Board approved the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof.
DATE: October 23, 1998
TO: Janice Mitchell Mintz Commissioner
Henry S. Maurer, Director Merit System Practices and Labor Relations
FROM: Marjorie A. Schwartz, Director Human Resources Management
SUBJECT: Change in the State Classification Plan
DEPARTMENT OF ENVIRONMENTAL PROTECTION
The Department of Environmental Protection requests the creation of a Supervising Radiation Physicist for assignment to the New Jersey Radiology Program, Bureau of Radiological Health.
The Department's radiation program is to be restructured from a standards-based inspection and enforcement program, to a program based on facility-developed and implemented quality assurance programs. The scope of responsibility of the New Jersey Radiology Program includes all medical and non-medical facilities utilizing radiation equipment throughout New Jersey (approximately 22,000 facilities). Presently, Radiation Physicists personally inspect equipment on a periodic, but infrequent basis, utilizing electronic inspection equipment. While medical facilities receive more frequent attention, some facilities are inspected as infrequently as once every two to five years due to limited staffing and other constraints. Over the course of time, radiation equipment has become highly sophisticated and more electronic, producing computer-generated, digital images. This type of equipment requires more frequent inspections, as it has the capability of drifting out of calibration without operator knowledge, resulting in unclear images and possible excess of radiation exposure.
To address the aforementioned concern over infrequent inspections, the Department is in the process of developing a Quality Assurance Program, currently in the infancy stage. This program is envisioned to require that facility personnel be required to perform regular equipment inspections utilizing specialized equipment. The results of these "self-tests" will be audited and monitored by Radiation Physicists, who will continue to perform periodic, on-site inspections as necessitated by audit results or, in cases of non-compliance. It is anticipated that this endeavor will require the enactment of legislation to realize fruition.
The Bureau of Radiological Health is headed by a manager and staffed with 14 Radiation Physicists of varying levels, and other technical and support staff. While existing inspection procedures make it relatively easy for a Radiation Physicist 1 to work independently, the current supervisory structure is inappropriate. Presently, there are Radiation Physicists supervising other Radiation Physicists of the same level. The development, implementation and execution of this new endeavor, the Quality Assurance Program, necessitates the appointment of individuals who are knowledgeable in the field of radiology, and who can serve in a leadership capacity from the inception through the fruition of this process.
The requested range, bargaining unit, and workweek for this title is appropriate given the range, bargaining unit and workweek of the highest level to be supervised, R28, NL workweek. Further, the Department is amenable to the concurrent inactivation of a two Department-specific titles in exchange for the creation of the requested title.
CREATION OF TITLE (1) Effective: 11/07/98
Supervising Radiation Physicist S30 C NL
INACTIVATION OF TITLES (2) Effective: 11/06/98
Radiation Physicist Trainee Radiation Physicist 4 P95-18090 C NL P19-60006 C NL
MS/HJK/BP DATE: October 23, 1998
TO: Janice Mitchell Mintz Commissioner
Henry S. Maurer, Director Merit System Practices and Labor Relations
FROM: Marjorie A. Schwartz, Director Human Resources Management
SUBJECT: Change in the State Classification Plan
DEPARTMENT OF THE TREASURY
The Department of the Treasury is requesting the creation of a two-level Conferee title series for use in the Hearings and Conferences Branch, Technical Services, Division of Taxation. This request is the result of a previous classification appeal which was favorably settled on behalf of the appellant.
Conferees are responsible for conducting administrative conferences involving taxpayer protests of tax determinations. They attempt to resolve disputed tax matters within the parameters of New Jersey tax laws and regulations, and to achieve voluntary compliance with tax statutes, thereby maximizing State revenue. They issue final determinations on contested tax cases on behalf of the Division Director, and represent the last administrative remedy prior to an appeal to the New Jersey Tax Court.
The Department intends the Conferee 1 position to conduct basic appeal conferences and to provide assistance to Conferee 2's, who will handle more complicated cases. Conferee 1's, through in-house training, will be groomed to become proficient in a wide variety of tax cases and to develop the skills necessary to resolve disputed matters. Existing Auditor 1's will be moved into the Conferee 2 position; lower level Auditors will be moved into Conferee 1 positions. The Department intends to effect approximately six (6) initial appointments, with an additional five (5) appointments at a future date.
The Department requests creation of this two-level series to properly classify these positions, since the work involved in the resolution of disputed tax matters extends beyond the scope of an auditor. Assignment to a covered bargaining unit will enable them to attract and maintain qualified personnel. Further, the Department is amenable to the concurrent inactivation of three (3) titles in exchange for the creation of the requested series.
CREATION OF TITLES (2) Effective: 10/24/98
Conferee 2, Taxation Conferee 1, Taxation R29 C NL P26 C NL
INACTIVATION OF TITLES (3) Effective: 11/07/98
Conferee, Taxation Chief, Appraisal Section M29-51315 C NL M29-52177 C NL
Chief, Assistance Section, Local Property Tax M29-51665 C NL
MS/HJK/BP DATE: October 27, 1998
TO: Janice Mitchell Mintz, Commissioner Department of Personnel
Henry S. Maurer, Director Merit System Practices and Labor Relations
FROM: Marjorie A. Schwartz, Director Division of Human Resources Management
SUBJECT: Change in the State Classification Plan
DEPARTMENT OF ENVIRONMENTAL PROTECTION
The Department of Environmental Protection has requested that the local title of Airport Manager be made common for state use. The Division of State Forestry Services recently acquired the airport property which is being utilized as a forest fire air attack base. Deed restrictions require that the property also be maintained as a public use facility. The Department unsuccessfully attempted to bid out management of the facility on several occasions thus, the airport is managed by a full-time employee in the Forestry Division.
The incumbent is responsible for the oversight and administration of airport operation, and interfaces with both federal and state government agencies, such as the Federal Aviation Administration (FAA) and the New Jersey Department of Transportation's Division of Aeronautics. The facility is subject to FAA inspection. The incumbent is also responsible for some of the maintenance and repair of the state-owned helicopter used for aerial forest fire suppression. He possesses the appropriate level of certification to perform this function.
Results of an on-site position audit confirm that the request is warranted. Making this title common will allow for both state and local use, and is in harmony with our interests in title reduction. The Hay Evaluation conducted indicates that the title is appropriately assigned to a class code 21.
ESTABLISHMENT OF COMMON TITLE Effective: 09/12/98
Airport Manager
21 C NL
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Alice Duigon, Public Health Nurse Supervisor, Board of Health, Ocean County, layoff.
Keith Markwis, Plumber/Steamfitter, Department of Human Services, North Jersey Developmental Center, suspension.
Joseph Roe, Truck Driver, State Department of Transportation, removal.
Lisa Malloy Stephens, Principal Assistant Assessor, Department of Public Works/Urban Developmental, City of Plainfield, layoff.
Janet Whittaker, Principal Audit Account Clerk, Department of Labor, Employer Accounts, indefinite suspension.
DISMISSAL OF APPEALS - FAILURE TO APPEAR
The Merit System Board dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:
Derrick Arnold, Laborer, Department of Housing Authority, City of Camden, removal.
Yolanda Braxton, Support Services Representative III, Department of Transportation, Human Resources, removal.
Vernell Cato, Motor Vehicle Operator I, Department of Corrections, New Jersey State Prison, resignation not in good standing.
Anthony Enendu, Intermittent Guard, Department of Higher Education, Jersey City State College, removal.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of George Conley New Jersey Department of the Treasury Division of Taxation Suspension
In the Matter of Taswell Goode, Jr. Township of Hillside Removal
In the Matter of William Lawson Ancora Psychiatric Hospital Department of Human Services Removal
In the Matter of David Smith Department of Public Works Township of Irvington Removal
In the Matter of Randolph Young Newark Housing Authority Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements.
A-2 KEVIN BAYARD
Kevin Bayard, Motor Broom Driver, Department of Public Works - City of Camden, suspension for 30 days beginning April 7, 1997, on charges of insubordination, conduct unbecoming a public employee, neglect of duty and misuse of public property, including motor vehicles.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-3 BEVERLY CODY
Beverly Cody, Deputy Municipal Court Administrator, Municipal Court, City of Bayonne, suspension for 180 days beginning July 21, 1993 and ending January 21, 1994, on charges of conduct unbecoming a public employee, neglect of duty, failure to perform duties and insubordination.
Recommendation of the Administrative Law Judge - Modify 180 day suspension to a 60 day suspension and award back pay for the period of July 21, 1993 through May 17, 1996 and counsel fees.
ACTION: The Merit System Board remanded this matter to the Office of Administrative Law.
A-4 ERNEST GRAHAM
Ernest Graham, Mason, Newark Housing Authority, released at the end of working test period effective July 1, 1996, due to unsatisfactory services.
Recommendation of the Administrative Law Judge - Uphold the release.
ACTION: The Merit System Board directed that this matter be held over.
A-5 ROBERT IMMORDINO
Robert Immordino, Assistant Director - Fiscal, Division of Mental Health Services, Department of Human Services, suspension for 15 days, on charges of two counts of conduct unbecoming a State employee
Recommendation of the Administrative Law Judge - Modify the 15 day suspension to a 30 day suspension.
ACTION: The Merit System Board upheld the 15 day suspension.
A-6 LIZETTE PRILISZH
Lizette Priliszh, Deputy Municipal Court Administrator, Municipal Court, Woodbridge Township, suspension for seven days beginning March 9, 1998 and ending April 20, 1998, on charges of conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Modify the seven day suspension to a four day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-7 THOMAS N. THERRELL
Thomas N. Therrell, Auditor I - Division of Taxation - Department of the Treasury, returned to former permanent title of Auditor II, at end of working test period.
Recommendation of the Administrative Law Judge - Uphold the release at the end of the working test period.
ACTION: The Merit System Board remanded this matter to the Office of Administrative Law.
A-8 CHARLES WARREN
Charles Warren, Program Specialist, Alcohol Abuse activities, Division of Health Facilities Evaluation and Licensing, Department of Health, layoff/demotion effective July 5, 1996, for reasons of economy.
Recommendation of the Administrative Law Judge - Uphold the layoff.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-9 VALERIE BOLLING
Valerie Bolling, Cottage Training Technician, Woodbine Developmental Center, Department of Human Services, removal effective September 18, 1996, on charges of inappropriate physical contact with a client.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-10 GLYNDELL CURRY
Glyndell Curry, Residential Living Specialist (PAO), Senior Therapy Program Assistant (RAP), Vineland Developmental Center, Department of Human Services, removal effective June 30, 1997, on charges of making a serious mistake due to carelessness, which would result in danger and/or injury to persons or property.
Recommendation of the Administrative Law Judge - Reverse the removal and award back pay and counsel fees.
ACTION: The Merit System Board remanded this matter to the Office of Administrative Law.
A-11 SANDRA ELLIOTT
Sandra Elliott, Human Services Technician, New Jersey Veterans Memorial Home at Vineland, Department of Military and Veterans Affairs, removal effective March 9, 1996, on charges of physical or verbal abuse of a patient/client.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-12 PAUL DENNIS
Paul Dennis, Correction Sergeant, Mountainview Youth Correctional Facility, Department of Corrections, removal effective December 5, 1997, on charges of personal conduct, falsification, intentional misstatement of material fact in connection with work, employment, application, attendance, or in any record, report investigation or other proceeding.
Recommendation of the Administrative Law Judge - Reverse the removal and award back pay and counsel fees.
ACTION: The Merit System Board modified the removal to a 3 month suspension.
A-13 MATTHEW FORD
Matthew Ford, Police Officer, Police Department, Atlantic City, removal effective January 22, 1997, on charges involving conduct towards the public, disparaging remarks and truthfulness. The Merit System Board at its meeting of September 10, 1998 directed that this matter be held over for receipt of a transcript.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-14 LESTER PARAMORE
Lester Paramore, Human Services Technician, Ancora Psychiatric Hospital, Department of Human Services, removal effective June 25, 1997, on charges of physical abuse of a patient. The Merit System Board at its meeting of September 29, 1998 directed that this matter be held over for a testimony summary.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board modified the removal to a 3 month suspension.
A-15 JOHN M. HAND
John M. Hand appeals the removal of his name from the eligible list for Child Support Worker (C5316R). Settled to reinstatement of name to Child Support eligibility list (C5316R). The Merit System Board at its meeting of November 10, 1998, directed that this matter be held over for receipt of a letter of clarification.
A-16 EDWARD SMITH
Edward Smith appeals initial removal effective December 10, 1997, on charges of neglect of duty. Settled to reinstatement and dismissal of charges contingent upon submission of documentation indicating completion of a successful substance abuse treatment program, physical examination and drug test. The Merit System Board at its meeting of November 10, 1998, directed that this matter be held over for receipt of a letter of clarification.
A-17 JOHN CLARICE
John Clarice appeals initial 60 day suspension, on charges of 1) neglect of duty, which could result in danger; 2) serious mistakes due to carelessness, which may result in danger; and 3) incompetency or inefficiency. Settled to a modification of the 60 day suspension to a 10 day suspension and reimbursement of 23 days pack pay and voluntary demotion to the title of Institutional Trade Instructor I, Industrial Finishing from Supervising ITI, Industrial Finisher title.
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements.
SECTION B - MISCELLANEOUS MATTERS
B-1 DANIEL DIAZ
Daniel Diaz appeals his rejection as a Police Officer candidate by the City of Camden and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be granted.
B-2 RICHARD GIZZI
Richard Gizzi, represented by A. J. Fusco, Jr., Esq., appeals his rejection as a Police Officer candidate by the City of Bayonne and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be granted.
B-3 JEFFREY IANNACONE
Jeffrey Iannacone, represented by Joseph A. Portelli, Esq., appeals his rejection as a Police Officer candidate by the City of Paterson and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-4 WILLIAM WARD
William Ward, represented by Joseph Fusella, Esq., appeals his rejection as a Police Officer candidate by the City of Newark and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-5 JAMES A. CIPRIANI
James A. Cipriani appeals his rejection as a County Correction Officer candidate by Camden County and its request to remove his name from the eligible list for County Correction Officer on the basis of medical unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be granted.
B-6 MATTHEW WINFIELD
Matthew Winfield, a Senior Correction Officer with the Garden State Youth Reception and Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits. At the time of the accident, appellant was employed as a Senior Correction Officer with the New Jersey Training School for Boys.
ACTION: The Merit System Board directed that this appeal be granted.
B-7 DOUGLAS DIMEO
Douglas DiMeo appeals the decision of Human Resource Information Systems which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Assistant Engineer (M0012T), Atlantic City.
ACTION: The Merit System Board directed that this appeal be denied.
B-8 CHRISTINE GIORDANO
Christine Giordano, a Secretarial Assistant 3 with the Department of Health and Senior Services, represented by Lawrence E. Popp, Esq., petitions the Merit System Board for reconsideration of the final administrative decision, rendered on March 12, 1998, which denied the appellant's request for a hearing in regard to her 15-day suspension.
ACTION: The Merit System Board denied the request for reconsideration.
B-9 CRYSTAL KNIGHT
Crystal Knight, Human Services Assistant, Department of Human Services, Ancora Psychiatric Hospital, represented by George Ciervo, Esq., requests reconsideration of the decision of the Merit System Board rendered on September 16, 1997, which affirmed the appointing authority's removal of appellant on charges of patient abuse.
ACTION: The Merit System Board denied the request for reconsideration.
B-10 R. DENNIS SHALLCROSS
The Department Human Services, represented by Leslie-Ann M. Justus, Deputy Attorney General, petitions the Merit System Board for a stay and reconsideration of the final administrative decision, rendered on February 10, 1998, which modified the removal charge levied against R. Dennis Shallcross to a three-month suspension.
ACTION: The Merit System Board denied the request for a stay and reconsideration.
B-11 BILLY STRATTON
Billy Stratton, represented by Sharra Greer, Esq., petitions the Merit System Board for reconsideration of two final administrative decisions, the first rendered on May 28, 1996, which upheld a 45 day suspension and the second rendered on September 17, 1996, which upheld the removal of Stratton from his position.
ACTION: The Merit System Board denied the request for reconsideration.
B-12 MAINTENANCE REPAIRER (PM1973V), CITY OF BAYONNE
The appointing authority's failure to properly dispose of the certification for Maintenance Repairer while a provisional appointee is serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing authority to remove the provisional appointee, make an appointment from the certification and pay compliance costs.
B-13 MANAGEMENT SPECIALIST (SPECIAL REEMPLOYMENT LIST), CITY OF TRENTON
The appointing authority's failure to properly dispose of the certification for Management Specialist while provisional appointees are serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing authority to remove the provisional appointees, make an appointment from the certification and pay compliance costs.
B-14 PAINTER'S HELPER (M6149O), CITY OF JERSEY CITY
The appointing authority's failure to properly dispose of the certification for Painter's Helper while a provisional appointee is serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing authority to remove the provisional appointee, make an appointment from the certification and pay compliance costs.
B-15 PARKING ENFORCEMENT OFFICER (M0055T), BOROUGH OF NORTH ARLINGTON
The appointing authority requests permission not to make an appointment from the certification for Parking Enforcement Officer (M0055T), Borough of North Arlington.
ACTION: The Merit System Board granted the request and waived the assessment of costs.
B-16 PLUMBING SUBCODE OFFICIAL (M4688S), BOROUGH OF NORTH ARLINGTON
The appointing authority's failure to properly dispose of the certification for Plumbing Subcode Official while a provisional appointee is serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board revived the eligible list for Plumbing Subcode Official (M4688S) and ordered the appointing authority to remove the provisional appointee, make an appointment from the certification and pay compliance costs.
B-17 RESEARCH SUPERVISOR (M0365O), CITY OF JERSEY CITY
The appointing authority's failure to properly dispose of the certification for Research Supervisor while a provisional appointee is serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing authority to remove the provisional appointee, make an appointment from the certification and pay compliance costs.
B-18 SENIOR MAINTENANCE REPAIRER (C6154O), PASSAIC COUNTY
The appointing authority's failure to properly dispose of the certification for Senior Maintenance Repairer while a provisional appointee is serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing authority to remove the provisional appointees, make an appointment from the certification and pay compliance costs.
B-19 SIGN MAKER II (C6124O), PASSAIC COUNTY
The appointing authority's failure to properly dispose of the certification for Sign Maker II while a provisional appointee is serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing authority to remove the provisional appointee, make an appointment from the certification and pay compliance costs.
B-20 OSWALDO MALDONADO
Oswaldo Maldonado, Housing Inspector, Bilingual in Spanish and English, City of Passaic, represented by Robert E. Laux, Esq., seeks enforcement of that part of the Merit System Board decision rendered on October 7, 1997, In the Matter of Angel J. Irizzary, et al., granting him back pay, benefits and seniority.
ACTION: The Merit System Board granted a hearing.
VOTE Janice Mitchell Mintz (Yes) Margaret E. L. Howard (Abstained) Judith L. Shaw (Yes) Julius J. Mastro (Yes) Edward W. Verner, M.D. (Yes)
B-21 JUSTINE BRANHAM, ET AL.
Justine Branham, Betty Burrows and Keith Hopkins petition the Merit System Board for back pay in regard to their retroactive appointments to the title of Police Officer with the Newark Police Department. The Board granted petitioners' request for retroactive dates of appointment at its meeting of October of 27, 1998, but held over the issue of back pay for consideration at a future meeting. The request for back pay was presented at its meeting of November 10, 1998, but was held over for a full Board.
ACTION: The Merit System Board denied the request.
B-22 JOHN FABIAN
The appeal of John Fabian, Police Officer, Police Department, Township of North Bergen, removal effective September 17, 1996 on charges, was heard by Administrative Law Judge Ken R. Springer (ALJ), who rendered his initial decision on August 24, 1998. The Merit System Board, at its meeting on October 14, 1998, ordered that the removal be vacated and awarded back pay, seniority and counsel fees. The proposed final decision in this matter was originally presented to the Board at its meeting on November 10, 1998, but was held over because a quorum of Board members from the October 14, 1998 meeting was not present.
ACTION: The Merit System Board adopted the final decision.
VOTE Janice Mitchell Mintz (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Edward W. Verner, M.D. (Yes) Julius J. Mastro (Abstained)
B-23 CARL REID
The appeal of Carl Reid, County Correction Officer, Burlington County Corrections Department, concerning his release at the end of his working test period effective March 10, 1998, was heard by Administrative Law Judge John R. Tassini (ALJ), who rendered his initial decision on September 22, 1998. The Merit System Board, at its meeting of October 27, 1998, concluded that the appointing authority's action in releasing appellant at the end of his working test period should be affirmed.
ACTION: The Merit System Board adopted the final decision.
B-24 LESTER SMITH
The appeal of Lester Smith, Senior Building Maintenance Worker, The College of New Jersey, resignation not in good standing effective November 25, 1996, was heard by Administrative Law Judge Robert W. Scott (ALJ), who rendered his initial decision on September 4, 1998. The Merit System Board, at its meeting of October 14, 1998, concluded that the appointing authority's action in resigning appellant not in good standing should be affirmed. The proposed final decision in this matter was originally presented to the Board at its meeting on November 10, 1998, but was held over because a quorum of Board members from the October 14, 1998 meeting was not present.
ACTION: The Merit System Board adopted the final decision.
VOTE Janice Mitchell Mintz (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Edward W. Verner, M.D. (Yes) Julius J. Mastro (Abstained)
B-25 MICHAEL QUINLAN
The appeal of Michael Quinlan, a County Correction Officer with the Sheriff's Department, Passaic County, concerning his removal effective February 23, 1996 on charges, was heard by Administrative Law Judge Jeffrey A. Gerson (ALJ), who rendered his initial decision on August 12, 1998. The Merit System Board, at its meeting of September 29, 1998, referred the matter to the Medical Examiners Panel for further review. The proposed decision in this matter was originally presented to the Board at its meeting on November 10, 1998, but was held over because a quorum of Board members from the September 29, 1998 meeting was not present.
ACTION: The Merit System Board adopted the final decision.
VOTE Janice Mitchell Mintz (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Edward W. Verner, M.D. (Yes) Julius J. Mastro (Abstained)
B-26 ZIOLA ANEMONE AND JUDITH YURENDA
Zoila Anemone and Judith Yurenda appeal the determination of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Supervising Library Assistant (PM6322W), Woodbridge Public Library.
ACTION: The Merit System Board directed that these appeals be granted.
B-27 SANAA A. AWAD
Sanaa A. Awad appeals the decision of the Division of Selection Services which found that appellant did not meet the experience requirements for the open competitive examination for Senior Social Worker, Institutions (C1583T), Middlesex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-28 ANTHONY CLARK
Anthony Clark appeals the determination of the Division of Selection Services which found that he did not meet the education and experience requirements for the open competitive examination for Administrative Analyst 2, Management Auditor (S1625T).
ACTION: The Merit System Board directed that this appeal be denied.
B-29 DOLORES COOPER
Dolores Cooper appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for Supervisor of Accounts (PM0498W), Wildwood Crest.
ACTION: The Merit System Board directed that this appeal be denied.
B-30 GAIL M. DAMICO AND FRANCINE DEL'RE
Gail M. Damico and Francine Del'Re appeal the determination of the Division of Human Resource Management which found that they were ineligible for the promotional examination for Senior Clerk Typist (PM0405U), Marlboro Township.
ACTION: The Merit System Board directed that these appeals be denied.
B-31 MARK DIDONATO
Mark DiDonato appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Assistant Supervisor of Recreation (PS4825I), Department of Corrections.
ACTION: The Merit System Board directed that this appeal be granted.
B-32 GAIL EGGERT
Gail Eggert appeals the determination of the Division of Selection Services which found that she did not meet the education and experience requirements for the promotional examination for Executive Assistant (PM0574W), Lawrence Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-33 ALPHONSO ESTRADA
Alphonso Estrada appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Senior Mail Clerk (PC4441V), Middlesex County.
ACTION: The Merit System Board directed that this appeal be granted.
B-34 VIVOILAOUS HILL
Vivoilaous Hill appeals the decision of the Division of Selection Services which found that appellant did not meet the experience requirements for the promotional examination for Truck Driver Single Axle (PS3396T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-35 ANN JOHNSON
Ann Johnson, represented by Nancy Whatley Griffin, Esq., appeals her ineligibility for the examination for Senior Library Assistant (PM3570V), Willingboro Public Library. She also appeals her return to her permanent title of Library Assistant.
ACTION: The Merit System Board directed that this appeal be granted in part.
B-36 MONA JOHNSON
Mona Johnson appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Administrative Secretary/Office Services Manager (PM4490V), Rahway.
ACTION: The Merit System Board directed that this appeal be denied.
B-37 REGINA LORUSSO
Regina Lorusso appeals the decision of the Division of Selection Services which found that appellant did not meet the requirements for the promotional examination or Executive Assistant (PC8188V), Camden County Board of Social Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-38 DONALD A. MASSEY
Donald A. Massey appeals the administration of the promotional examination for Principal Probation Officer 2 (PS3260M), Judiciary.
ACTION: The Merit System Board directed that this appeal be denied.
B-39 JILL METZLER
Jill Metzler appeals the decision of the Division of Selection Services which found that appellant did not meet the experience requirements for the promotional examination for Senior Buyer (PS5003L), Department of Banking and Insurance.
ACTION: The Merit System Board directed that this appeal be denied.
B-40 ROBERT PONZETTI
Robert Ponzetti appeals the decision of the Division of Selection Services which found that appellant did not meet the experience requirements for the promotional examination for Police Captain (PM3806V), Egg Harbor City.
ACTION: The Merit System Board directed that this appeal be denied.
B-41 MELODIE STILES
Melodie Stiles appeals her ineligibility for the examination for Teacher, Juvenile Facilities, Cumberland County. The subject open-competitive examination was announced by the appointing authority under the License and Certification Pilot Program.
ACTION: The Merit System Board directed that this appeal be granted.
B-42 MARGARET WALKER
Margaret Walker appeals the decision of the Division of Selection Services which found that appellant did not meet the requirements for the promotional examination for Assistant Buyer (PC0531W), Ocean County.
ACTION: The Merit System Board directed that this appeal be denied.
B-43 HARRY W. ZIMMERMAN
Harry W. Zimmerman appeals the determination of the Division of Selection Services which found that he was ineligible for the promotional examination for Street Superintendent (PM3251V), Willingboro Township.
ACTION: The Merit System Board directed that these appeals be denied.
B-44 RAYMOND BAUSANO, ET AL.
Raymond Bausano, Susan Bevans and Sharon Kidder appeal their scores for the Technical Assistant 2 Treasury (PS4113U), Department of Treasury promotional examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-45 JOHN MC CORMACK
John Mc Cormack appeals the scoring of all applications for the examination for Assistant Supervisor Taxpayer Service Section (PS5378K), Division of Taxation.
ACTION: The Merit System Board directed that this appeal be granted in part and denied in part.
B-46 WILLIAM M. MCDOUGALL
William M. McDougall, represented by Vincenza Leonelli- Spina, Esq., appeals his score on the promotional examination for Deputy Police Chief, Hamilton Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-47 PATRICIA SIBLEY
Patricia Sibley appeals specific questions on the open competitive examination for Secretary 1 Word Processing Systems (S1793U).
ACTION: The Merit System Board directed that this appeal be denied.
B-48 MARYANN ATTANASI AND JANICE V. STOKES
Maryann Attanasi and Janice V. Stokes appeal the administration of the Secretarial Assistant 3 (PS2058J) and Secretarial Assistant 3 (Non-Stenographic) (PS2057J), Rowan College, promotional examinations.
ACTION: The Merit System Board directed that these appeals be denied.
B-49 PRINCIPAL PROBATION OFFICER AND SENIOR PROBATION OFFICER
Mirelle White, President of Local 110, Probation Association of New Jersey (P.A.N.J.), appeals the validity of the examinations for Principal Probation Officer (PS3265M), and Senior Probation Officer (PS3224M), Somerset, Warren and Hunterdon County Vicinages.
ACTION: The Merit System Board directed that this appeal be denied.
B-50 RICHARD KOCSES
Richard Kocses seeks review of the Merit System Board's November 6, 1996 decision to consolidate the title Chief, Office of Audit into the Manager, Fiscal Resources title series.
ACTION: The Merit System Board directed that this appeal be denied.
B-51 PATRICIA KARLOWITSCH
The appointing authority at the College of New Jersey, on behalf of Patricia Karlowitsch, requests reconsideration of the prior decision of the Merit System Board concerning appellant's failing score for Senior Operator, Automated Typewriter (PS4038J).
ACTION: The Merit System Board granted the request for reconsideration.
B-52 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of November 10, 1998 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of November 10, 1998.
VOTE Janice Mitchell Mintz (Abstained) Margaret E. L. Howard (Abstained) Judith L. Shaw (Yes) Edward W. Verner, M.D. (Yes) Julius J. Mastro (Yes)
B-53 STEPHEN SMITH
Stephen Smith, a Senior Correction Officer with East Jersey State Prison, Department of Corrections, represented by Robert A. Fagella, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board referred the matter to the Medical Examiners Panel.
B-54 HOLLIS BRUCE, JR.
The appeal of Hollis Bruce, Jr., Senior Correction Officer, Bayside State Prison, removal effective November 6, 1996 on charges, was heard by Administrative Law Judge Lillard E. Law (ALJ), who rendered his initial decision on October 1, 1998. The Merit System Board, at its meeting on November 10, 1998, ordered that the removal be upheld.
ACTION: The Merit System Board directed that this matter be held over.
B-55 JOHN DEBENEDICTIS
The appeal of John DeBenedictis, a Correction Sergeant at Northern State Prison, Department of Corrections, concerning his 10 day suspension, on charges, was heard by Administrative Law Judge Maria Mancini LaFiandra, who rendered her initial decision on September 24, 1998. The Merit System Board, at its meeting on November 10, 1998, ordered that this matter be remanded to the Office of Administrative Law.
ACTION: The Merit System Board directed that this matter be held over.
B-56 CAROL GLADIS
Carol Gladis appeals the determination of the Division of Selection Services which found that appellant did not meet the experience requirements for Executive Assistant (PM1277U), City of Paterson Housing Authority.
ACTION: The Merit System Board directed that this appeal be granted.
B-57 MARYANN TRIANO
Maryann Triano appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the Purchasing Agent (PM3017V), Town of Kearny, promotional examination.
ACTION: The Merit System Board directed that this appeal be granted.
B-58 JEANIE VON BERNUTH
Jeanie Von Bernuth appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for Assistant Planner (C0363O), Morris County.
ACTION: The Merit System Board directed that this appeal be granted.
B-59 PATRIC MAC
Patric Mac petitions the Merit System Board for reconsideration of its decision rendered on June 2, 1998, in which appellant's request for admittance to the examination for Management Improvement Specialist 2 (PS5639K) Medical Assistance and Health Services, was denied.
ACTION: The Merit System Board granted the request for reconsideration.
B-60 POLICE LIEUTENANT, CITY OF HOBOKEN
Bruce Leder, Esq. on behalf of the Hoboken Superior Officers' Association appeals the scope of eligibility for the promotional examination for Police Lieutenant (PM1356W), Hoboken.
ACTION: The Merit System Board directed that this appeal be denied.
B-61 FIREFIGHTER (M0799U), TOWN OF KEARNY
The Director, Division of Human Resource Management, Department of Personnel, requests that the Town of Kearny be permitted to selectively certify eligibles from the open competitive list for Firefighter (M0799U), Town of Kearny, who are residents of the Town of Kearny and the City of Newark, to fill eight Firefighter vacancies.
ACTION: The Merit System Board granted the request.
VOTE Janice Mitchell Mintz (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Abstained) Edward W. Verner, M.D. (Yes) Julius J. Mastro (Yes)
B-62 EARLY SETTLEMENTS
Laura Griffin Ancora Psychiatric Hospital Department of Human Services 30 day suspension
Clayton Lawrence Department of Transportation 7 day suspension
Wanda Santiago Woodbine Developmental Center Department of Human Services Removals (3)
ACTION: The Merit System Board acknowledged the settlements.
There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, December 8, 1998, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
_______________________________ JANICE MITCHELL MINTZ CHAIRWOMAN MERIT SYSTEM BOARD |
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© State of New Jersey Civil Service Commission |
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