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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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