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Meeting Minutes of December 22, 1998
Janice Mitchell Mintz, Chairwoman Margaret E. L. Howard Judith L. Shaw Julius J. Mastro
A regular meeting of the Merit System Board was held on Tuesday, December 22, 1998 in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz; Merit System Board Members, Margaret E.L. Howard, Judith L. Shaw, and Julius J. Mastro, Andrea Grundfest, Deputy Attorney General; Department of Personnel staff, Louis Schiendlin, Depty Commissioner and Janet Share Zatz, Chief of Staff; 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.
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: December 8, 1998
TO: Janice Mitchell Mintz Commissioner
Henry Maurer, Director Merit System Practices and Labor Relations
FROM: Marjorie Schwartz, Director Human Resource Management
SUBJECT: Change in the State Classification Plan
DEPARTMENT OF PERSONNEL
The Department of Personnel is requesting that the following job functions be reallocated to the Senior Executive Service.
Your approval of the reallocation for the following position numbers from the career service to the Senior Executive Service is recommended. A review of the assigned job functions has been conducted and the positions meet the standards established for inclusion in the Senior Executive Service.
Reallocation of Service Effective October 10, 1998
FROM: Position #: 071372, Manager 2, Information Processing (M34-64777) 651066, Manager 2, Human Resources (M32-56862) 054446, Manager 2, Personnel (M34-56885) 068472, Manager 1, Personnel (M32-56883) 051682, Chief Counselor, EAS (Y30-63635)
TO: Position #: 071372, Senior Executive Service (M98-90752) 651066, Senior Executive Service (M98-90752) 054446, Senior Executive Service (M98-90752) 068472, Senior Executive Service (M98-90752) 051682, Senior Executive Service (M98-90752)
Position # 071372 -This position serves as the Director of the Division of Selection Services. The incumbent in this position is responsible for planning, designing, and implementing a comprehensive program for the selection and certification of individuals in the career service throughout New Jersey's merit system. This Division tests approximately 100,000 candidates annually for positions in both State and local governments. The Director will oversee the development and/or procurement of tests for both public safety and non-public safety areas; and be involved in ensuring compliance with all appropriate consent decrees and other external regulatory bodies.
Position # 651066 -This position serves as the Director of the Division of Employee Services. The incumbent in this position is responsible for providing coordination among and direction to the Statewide performance management program; State awards program; the intergovernmental services and outplacement programs; and the health management services function.
Position # 054446 -This position serves as the Director of the Office of Performance Management Systems. This Office is responsible for the design and implementation of the State's performance management systems; ensuring compliance with the performance systems throughout State government; conducting ongoing auditing of the systems in place; arranging for and delivering training to support performance appraisal systems; and ongoing refinement to the performance management system. This Office may also assist local jurisdictions in the merit system with the implementation of performance appraisal systems applicable to their jurisdictions. The position also oversees the State's Awards Program and designs and recommends other programs to support increased employee performance.
Position # 068472 -This position serves as the Assistant Director for Test Administration and Support in the Division of Selection Services. The incumbent in this position is responsible for overseeing the management of all actual testing, including the announcement and application processing of over 100,000 candidates annually in over 5,000 actual administrations. Additionally, the incumbent is responsible for management of all contract services for test administration; the design and implementation of alternate methods of test administration, i.e., via the Internet and other methods; as well as management of the Department Information Center and test review function, which serves over 30,000 candidates annually.
Position # 051682 -This position serves as the Director of the Office of Health Management Services. The incumbent in this position is responsible for overseeing the State's Employee Advisory Service; developing adjunctive EAS services, on a fee-for-service basis for State and local agencies; management of the Sick Leave Injury (SLI) program; development of programs and services to minimize SLI and throughout State government; development and implement other programs designed to improve the physical and mental well-being of public employees: and the development and management of a Crisis Intervention Hotline for law enforcement personnel.
VOTEJanice Mitchell Mintz (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Julius J. Mastro (Yes)
DATE: November 16, 1998
TO: Janice Mitchell Mintz, Commissioner
Henry Maurer, Director Merit System Practices and Labor Relations
FROM: Marjorie Schwartz, Director Human Resource Management
SUBJECT: Change in the State Classification Plan
DEPARTMENT OF THE TREASURY
The Department of Treasury is requesting that the following job functions be reallocated to the Senior Executive Services.
Your approval of the reallocation for the following position numbers from the career service to the Senior Executive Service is recommended. A review of the assigned job function has been conducted and the positions meet the standards established for inclusion in the Senior Executive Service.
Reallocation of Service Effective date: February 14, 1998
From: Position: #055537, Executive Staff Associate (X98-59790) #069466, Superintendent Taxation (M36-50958) #006958, Chief Audit Activity Treasury (M33-50827) #006493, Legislative Liaison (X98-99981) #006401, Chief Audit Activity Treasury (M33-50827)
TO: #055537, Senior Executive Service (M98-90752) #069466, Senior Executive Service (M98-90752) #006958, Senior Executive Service (M98-90752) #006493, Senior Executive Service (M98-90752) #006401, Senior Executive Service (M98-90752)
Position #055537-This position serves as the Chief, Office of Criminal Investigation, directs the activities of the Division's Office of Criminal Investigation.This Office is responsible for the detection, investigation and recommendation of cases for criminal prosecution in reference to violations of the New Jersey Tax Code and also responsible for the Division's internal investigations involving employee integrity matters both criminal and administrative. This position also provides background checks of all employees and reviews, revises and implements division policies on ethics, Page # 2 November 16,1998 Janice Mitchell Mintz, Commissioner
confidentiality and related legal matters. This position reports directly to the Director of the Division of Taxation.
Position #069466-This position serves as the Assistant Director, Field Audits, directs the activities of the Division's Field Audit activities. This Office is comprised of four branches: Cash Audits, Out of State Audits, Audit Services and Field Audits. This office is responsible for the planning, organizing, leading and setting of objectives for the operation of the Division's Field Audit Activity. This position reports to the Deputy Director, Division of Taxation and receives general supervision.
Position #006958-This position serves as the Assistant Director, Office Audits, directs the activities of the Division's Office Audit activities. This Office is comprised of three branches: Gross Income Tax , Office Audit and the Inheritance & Estate Tax . This office is responsible for the planning, organizing, leading and setting of objectives for the operation of the Division's Office Audit Activity. This position reports to the Deputy Director, Division of Taxation and receives general supervision.
Position #006493-This position serves as the Assistant Director, Technical Services, directs the activities of the Division's Technical Services activities. This Office is comprised of three branches: Tax Services, Taxpayer Services, and the Conferences and Appeals. This office is responsible for the planning, organizing, leading and setting of objectives for the operation of the Division's Technical Services activities. This position reports to the Deputy Director, Division of Taxation and receives general supervision.
Position #006401-This position serves as the Assistant Director, Compliance, directs the activities of the Division's Compliance activities. This Office is comprised of four branches: Investigations, Office Collection, Special Procedures and Taxpayer Accounting. This office is responsible for the planning, organizing leading and setting of objectives for the operation of the Division's Compliance activities. This position reports to the Deputy Director, Division of Taxation and receives general supervision.
A review of the proposed job functions has been conducted. They meet the standards established for inclusion in the Senior Executive Service. Based on this review, I am recommending that this nomination be endorsed.
HDD/MS/hdd
DATE: December 22, 1998
TO: Janice Mitchell Mintz, Commissioner
Henry Maurer, Director Merit System Practice and Labor Relations
FROM: Marjorie Schwartz, Director Human Resource Management
SUBJECT:Change in State Classification Plan
DEPARTMENT OF HUMAN SERVICES
The Department of Human Services, Division of Youth and Family Services, has requested that Position #056569 be reallocated from the Career Service to the Senior Executive Service.
Position #056569 is responsible for overseeing human resource operations for over 3,000 employees of the Division of Youth and Family Services (DYFS). This is a leadership position in the Division human resource system, consisting of management of a centralized personnel organization with regional and local office sites throughout New Jersey. Included in this responsibility is managing and directing all personnel services and operations, employee relations, payroll functions, and benefits services for the Division, while ensuring recruitment, selection, and retention. This position will become part of the DYFS executive management staff involved in policy, planning, and budgetary decisions impacting all operations of the Division.
Considering the need of the Division and the Department for highly qualified managers with vision, authority, and expertise to develop and maintain essential human resource operations and services having widespread effect on DYFS operations and services, establishment of Position #056569 in the Senior Executive Service will enable the Division to attract and retain highly qualified individuals to perform these duties.
Having reviewed the proposed classification, we find that the standards for including Position #056569 in the Senior Executive Service have been met, and approval of this request is recommended.
REALLOCATION OF SERVICE: Effective: 12/4/98
Position #056569 From: Career Service (M29) (60926) Supervisor of Policy Development Workweek: NL12
To: Senior Executive Service (M98) (90752) Workweek: NL12
MAS/EMV/DTF DATE: December 22, 1998
TO: Janice Mitchell Mintz, Commissioner
Henry Maurer, Director Merit System Practice and Labor Relations
FROM: Marjorie Schwartz, Director Human Resource Management
SUBJECT:Change in State Classification Plan
DEPARTMENT OF HUMAN SERVICES
The Department of Human Services, Division of Youth and Family Services, has requested that Position #056558 be reallocated from the Career Service to the Senior Executive Service.
Position #056558 is responsible for overseeing the information technology and telecommunications services for over 3,000 employees of the Division of Youth and Family Services (DYFS). Included in this responsibility is managing the development of computer systems and support, as well as telecommunications services. This is a leadership position in the area of information technology, providing the infrastructure underlying all major operations for the Division and ensuring the establishment and maintenance of compatible computer systems throughout the Department of Human Services.
Considering the need of the Division and the Department for highly qualified managers with vision, authority, and expertise to develop and maintain essential computer systems and telecommunications services at a level affecting policy, planning, and budgetary issues for the Division, establishment of Position #056558 in the Senior Executive Service will enable the Division to attract and retain highly qualified individuals to perform these duties.
Having reviewed the proposed classification, we find that the standards for including Position #056558 in the Senior Executive Service have been met, and approval of this request is recommended.
REALLOCATION OF SERVICE:
Effective: 12/4/98
Position #056558 From: Career Service (M34) (64777) Manager 2, Information Processsing Workweek: NL12
To: Senior Executive Service (M98) (90752) Workweek: NL12
MAS/EMV/DTF
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
David Kelley, Jr., Police Officer, Police Department, City of Camden, Fine $3,841.60.
Jose Laracuente, County Correction Officer, Jail Annex, Essex County, removal
Beverly Matthews, Laborer, Department of Public Works, Lower Township, removal.
Chidi Nwigwe, Senior Correction Officer, Department of Corrections, New Jersey Training School for Boys, suspension.
Pamela Roscoe, Human Services Assistant, Department of Human Services, Vineland Developmental Center, removal.
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:
James Bauer, Senior Tree Climber, Department of Transportation and Infrastructure, Mercer County, Removal.
Donald Salters, County Correction Officer, Department of Corrections, Hudson County, Suspension.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Gary Allen Department of Environmental Protection Suspension, Demotion & Resignation Not in Good Standing
In the Matter of Iris Allison Newark Housing Authority Removal
In the Matter of Kathleen Banfield Bergen County Sheriff's Department Removal
In the Matter of Lawrence Beger Mountainview Youth Correctional Facility Department of Corrections Removal
In the Matter of Jacoba Bouier City of Paterson Removal
In the Matter of Theresa Graney Ocean County Board of Social Services Removal
In the Matter of Samuel Green County of Burlington - County Jail Removal
In the Matter of Ronald Greenbaum Township of Berkeley Bypass of Name on 3 Certification Lists
In the Matter of Camilla Johnson Middlesex County Removal
In the Matter of Kirk Johnson Woodbine Developmental Center Department of Human Services Removal
In the Matter of Peter Lanish City of Burlington Suspension
In the Matter of Frank Livoti, James Brown and William Colon City of Garfield Layoff
Lucille Valenti Borough of Magnolia Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements with the exception of Camilla Johnson, which was held over.
A-2 WILLIAM AZZARRA, JR.
William Azzarra, Jr., General Supervisor of Roads, Division of Public Works - Camden County, removal effective February 3, 1997, on charges of conduct unbecoming a Public employee, neglect of duty, and misuse of public property.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION The Merit System Board modified the removal to a 6- month suspension.
A-3 RUBEN MORALES
Ruben Morales, Public Works Repairer, Department of Public Works, Borough of Lakehurst, removal effective December 2, 1996, on charges of inability to perform duties.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-4 RUBIN REESE
Rubin Reese, Building Maintenance Worker, Department of Public Buildings and Grounds, removal effective September 10, 1997, on charges of insubordination, conduct unbecoming a public employee, negligent failure to comply with corrective actions and chronic or excessive absenteeism or lateness.
Recommendation of the Administrative Law Judge - Modify the removal to a four month suspension.
ACTION: The Merit System Board modified the removal to a 30-day suspension.
A-5 ANDRES VIVES RIVERA - MOTION FOR SUMMARY JUDGMENT
Andres Vives Rivera, Residential Services Worker, Woodbine Developmental Center, Department of Human Services, removal effective January 22, 1998, on charges of falsification; misstatement of material fact in connection with an employment application.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board directed that this matter be held over.
A-6 SELVIN WHITE
Selvin White, Garage Attendant, Department of Sewer Utilities, City of Newark, removal effective July 15, 1996, on charges of neglect of duty and failure to perform duties.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-7 DONALD BENSON
Donald Benson, Senior Correction Officer, Albert C. Wagner Youth Correctional Facility, suspension for 30 days, on charges of sleeping while on duty, neglect of duty, loafing, idleness or willful failure to devote attention to tasks which would result in danger to persons or property.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board modified the 30-day suspension to a 15 day suspension.
A-8 ROGER FRED DORST
Appeal of Roger Fred Dorst for removal of his name for Claims Adjustor 3, Disability Determinations (S1285R) from the eligibility list.
Recommendation of the Administrative Law Judge - Uphold the removal of the appellant's name from the eligibility list.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-9 THOMAS HASCUP - SUMMARY JUDGMENT MOTION
Thomas Hascup, Correction Officer, Sheriff's Department - County of Passaic, suspension for 120 days beginning November 20, 1997 and ending May 16, 1998, on charges of conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Appellant's motion for summary judgment denied, and plenary hearing to be held January 13, 1999, to determine multiple issues of material fact in dispute.
ACTION: The Merit System Board determined that this matter was not ripe for consideration by the Board at this time.
A-10 DARRON JONES
Darron Jones, Police Sergeant, City of Elizabeth, 1) suspension for 60 days, beginning December 17, 1996 and ending February 14, 1997, and 2) demotion to position of Police Officer effective December 17, 1996, on charges of police image, neglect of duty, improper performance of duty and soliciting gifts, rewards.
Recommendation of the Administrative Law Judge - Uphold the suspension and reverse the demotion.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-11 TYRONE MEYERS
Tyrone Meyers, Water Repairer (DAP) Laborer (RAN), Department of Public Works - City of Trenton, fine of $1,996.38 to be paid in installments of $158.27 until completed, on charges of misuse of public property including a motor vehicle.
Recommendation of the Administrative Law Judge - Uphold the fine.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-12 DIANE MURPHY
Diane Murphy, Supervisor of Legal Secretarial Services, Department of Law and Public Safety, Division of Criminal Justice, removal effective February 25, 1997, on charges of conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Modify removal to a five day suspension and reinstatement to position with back pay and benefits.
ACTION: The Merit System Board directed that this matter be held over.
A-13 LINDA SIBILIA
Linda Sibilia, Head Nurse, New Jersey Veterans Memorial Home, Department of Military and Veterans Affairs, removal effective June 10, 1996, on charges of mistreatment of a patient, client, resident or employee, and intentional abuse or misuse of authority or position. The Merit System Board at its meeting of October 27, 1998 directed that this matter be held over for more information concerning the hearing record.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board directed that this matter be held over.
SECTION - MISCELLANEOUS MATTERS
B-1 DANIEL J. LIQUORI
Daniel J. Liquori, represented by Paul W. Bergrin, Esq., appeals his rejection as a County Correction Officer candidate by the County of Union and its request to remove his name from the eligible list for County Correction 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-2 SEAN MURPHY
Sean Murphy appeals his rejection as a Police Officer 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-3 DEREK SPENCER
Derek Spencer, represented by Carl H. Hadigian, Esq., appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit 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 DANIEL VERDUN
Daniel Verdun appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit 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 DEBORAH COUNSELLOR
Deborah Counsellor, a Senior Clerk Typist at Rowan University, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-6 WILLIAM MCLAUGHLIN
William McLaughlin, a Senior Correction Officer at Bayside 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 directed that this appeal be denied.
B-7 ROBERT A. PUGLIESE
Robert A. Pugliese, a Senior Correction Officer with the Albert C. Wagner Youth Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-8 GLEN SPADY
Glen Spady, a Senior Medical Security Officer at Forensic Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-9 LENNOX WILLIAMS
Lennox Williams, a Printing Machine Operator 3 with the Department of the Treasury, represented by CWA Local 1033, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-10 SHARON ROWE
Sharon Rowe, represented by Paul Alexander, President, CWA Local 1038, petitions the Merit System Board for back pay and retroactive seniority and benefits in regard to the Board's acknowledgment of the settlement agreement, issued August 11, 1997, which resolved the outstanding disputes regarding her removal from her employment with the Division of Youth and Family Services, Department of Human Services.
ACTION: The Merit System Board granted the request for retroactive seniority but denied the request for back pay.
B-11 PAULO J. CAMARINHA
Paulo J. Camarinha, represented by Patrick J. Arre, Esq., appeals the decision of Human Resource Information Systems which found that the City of Newark had presented a sufficient basis to remove appellant's name from the Police Officer (M3394X) eligible list due to an unsatisfactory driving record.
ACTION: The Merit System Board directed that this appeal be denied.
B-12 CYNTHIA CLEMONT
Cynthia Clemont (formerly Harris-McCall), represented by Paula A. Garrick Washington, Esq., appeals the removal of her name from the eligible list for Police Officer (M3394X), City of Newark.
ACTION: The Merit System Board directed that this appeal be denied.
B-13 URMILA GAUTAM
Urmila Gautam appeals the request of the Thomas Edison State College appointing authority to remove her name from the Library Assistant (S1677T) eligible list based on a claimed inability to communicate effectively in English in order to perform the duties of the position.
ACTION: The Merit System Board granted a hearing.
B-14 JOHN CRESCIO
John Crescio appeals the decision of the Division of Certifications/Placement Services which determined that Holmdel Township did not violate any residency requirements in regard to the Police Officer (M1845M) eligible list.
ACTION: The Merit System Board directed that this appeal be denied.
B-15 WILLIAM C. RICCI
The parties request that the Merit System Board acknowledge the settlement agreement between the City of Clifton, represented by Scott Bennion, Assistant City Attorney and William C. Ricci, represented by Dennis J. Alessi, Esq., which resolves all outstanding disputes in regard to Mr. Ricci's appointment from the eligible list for Fire Fighter (M1503M), Clifton.
ACTION: The Merit System Board acknowledged the settlement.
B-16 JAMES J. FITZSIMMONS, ET AL.
James J. Fitzsimmons, represented by Larry S. Loigman, Esq., appeals the decision of Human Resource Information Services which found that he was not entitled to a retroactive date of appointment as a Management Specialist.
ACTION: The Merit System Board granted the requests for retroactive appointment dates.
B-17 NASEM MAZAHREH
Nasem Mazahreh, represented by Michael D. Miller, Esq., is seeking a retroactive date of appointment and back pay as a Police Officer with the City of Camden.
ACTION: The Merit System Board granted the request for retroactive appointment date but denied the request for back pay.
B-18 EDWARD DUNHAM
The City of Newark, represented by Richee-Lori Smith, Assistant Corporation Counsel, petitions the Board for a stay of its order to remove Edward Dunham from the position of Fire Chief in In the Matter of Edward Dunham (MSB, decided November 10, 1998) pending its appeal to the Appellate Division of the Superior Court of New Jersey.
ACTION: The Merit System Board denied the request for a stay.
B-19 JAMES BEST
James Best petitions the Merit System Board for reconsideration of its final administrative decision rendered on July 21, 1998, which upheld the removal of Best from his position as Cottage Training Supervisor at the Woodbine Developmental Center, Department of Human Services.
ACTION: The Merit System Board denied the request for reconsideration.
B-20 PHYLLIS JEFFERSON
Phyllis Jefferson, Senior Clerk Typist, Jersey City State College, represented by Kathryn E. Smith, Executive Vice President, CWA Local 1031, petitions the Merit System Board for reconsideration of the final administrative decision rendered September 8, 1998, which denied her request for a hearing in regard to her removal, effective May 8, 1998, on charges.
ACTION: The Merit System Board granted the request for reconsideration and granted a hearing.
B-21 MARGO MASCIANTONI
Margo Masciantoni, a Head Nurse with the New Lisbon Developmental Center, Department of Human Services, represented by Bruce Fralinger, Staff Representative, CWA Local 1040, petitions the Merit System Board to reconsider the September 8, 1998 decision which denied her a hearing in regard to her removal on charges.
ACTION: The Merit System Board granted a hearing.
B-22 ADAM BUNCH
Adam Bunch, a County Correction Officer, Salem County Sheriff's Department, represented by Roberto K. Paglione, Esq., requests a hearing in regard to disciplinary action in the form of four suspensions totaling a period of 10 days. ACTION: The Merit System Board granted a hearing.
B-23 MICHAEL C. PAOLINI
Michael C. Paolini, Senior Corrections Officer, represented by Thomas M. Barron, Esq., appeals minor discipline of five days suspension issued by the Department of Corrections.
ACTION: The Merit System Board granted a hearing.
B-24 VALERIE BOLLING
The appeal of Valerie Bolling, a Cottage Training Technician, Woodbine Developmental Center, Department of Human Services, removal effective September 18, 1996 on charges, was heard by Administrative Law Judge John R. Tassini, who rendered his initial decision on September 16, 1998. The Merit System Board, at its meeting on November 24, 1998, affirmed the ALJ's recommendation that the removal be reversed and that appellant be reinstated. However, the Board found it necessary to address the issues raised in the exceptions.
ACTION: The Merit System Board adopted the final decision.
B-25 BEVERLY CODY
The appeal of Beverly Cody, Senior Clerk Typist, Municipal Court, City of Bayonne, concerning her 180-day suspension on charges, was heard by Administrative Law Judge Irene Jones, who rendered her initial decision on October 14, 1998, modifying the 180-day suspension to a 60-day suspension. The Merit System Board, at its meeting on November 24, 1998, ordered that this matter be remanded to the Office of Administrative Law.
ACTION: The Merit System Board adopted the final decision.
B-26 PAUL DENNIS
The appeal of Paul Dennis, a Correction Sergeant at Mountainview Youth Correctional Facility, Department of Corrections, concerning his removal effective December 5, 1997 on charges, was heard by Administrative Law Judge Jeff S. Masin (ALJ), who rendered his initial decision on October 14, 1998. The Merit System Board, at its meeting on November 24, 1998, did not accept the ALJ's recommendation that the removal be reversed. Rather, the Board ordered that the removal be modified to a three-month suspension.
ACTION: The Merit System Board adopted the final decision.
B-27 MATTHEW FORD
The appeal of Matthew Ford, a Police Officer with the Atlantic City Police Department, removal effective January 22, 1997, on charges, was heard by Administrative Law Judge Joseph F. Martone (ALJ), who rendered his initial decision on July 20, 1998 upholding Atlantic City's removal of the appellant. The Merit System Board, at its November 24, 1998 meeting, affirmed the ALJ's recommendation that the appellant be removed from his position. However, the Board found it necessary to address the issues raised in the exceptions.
ACTION: The Merit System Board adopted the final decision.
B-28 ROBERT IMMORDINO
The appeal of Robert Immordino, Assistant Director, Fiscal, Division of Mental Health Services, Department of Human Services, 15-day suspension on charges, was heard by Administrative Law Judge Bruce R. Campbell, who rendered his initial decision on October 9, 1998 increasing the appointing authority's 15-day suspension to a 30-day suspension. The Merit System Board, at its meeting on November 24, 1998, concluded that the 15-day suspension imposed by the appointing authority was appropriate.
ACTION: The Merit System Board adopted the final decision.
B-29 LESTER PARAMORE
The appeal of Lester Paramore, a Human Services Technician with Ancora Psychiatric Hospital, Department of Human Services, removal effective June 25, 1997, on charges of physical abuse of a patient, was heard by Administrative Law Judge Robert S. Miller, who rendered his initial decision on August 20, 1998. The Merit System Board, at its meeting of November 24, 1998, modified the charge of physical abuse of a patient to the lesser charge of inappropriate physical contact and concluded that the penalty of removal should be modified to a three-month suspension.
ACTION: The Merit System Board adopted the final decision.
B-30 THOMAS N. THERRELL
The appeal of Thomas N. Therrell, Auditor I, Taxation, Department of the Treasury, concerning his release at the end of his working test period was heard by Administrative Law Judge Bernard Goldberg (ALJ), who rendered his initial decision on October 21, 1998. The Merit System Board, at its meeting on November 24, 1998, ordered that this matter be remanded to the Office of Administrative Law.
ACTION: The Merit System Board adopted the final decision.
B-31 POLICE CHIEF, SEASIDE PARK BOROUGH
The parties request that the Merit System Board acknowledge the settlement agreement between the Borough of Seaside Park, represented by Thomas G. Gannon, Esq., Charles Dishon, represented by Matthew M. Collins, Esq., and William Beining, represented by Michael A. Bukosky, Esq., which resolves all outstanding disputes in regard to appointments from the eligible list for Police Chief (PM1765T), Seaside Park Borough.
ACTION: The Merit System Board acknowledged the settlement.
B-32 URBAN RENEWAL TECHNICIAN (C1383T), HUDSON COUNTY
The appointing authority requests permission not to make an appointment from the certification for Urban Renewal Technician (C1383T), Hudson County.
ACTION: The Merit System Board granted the request but assess costs.
B-33 ZOHRA AHMED
Zohra Ahmed appeals the determination of the Division of Selection Services which found that she did not meet the education requirements for the Accounting Assistant (S1624T) examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-34 HEATHER COSSABOON AND BRIAN MATHIS
Heather Cossaboon and Brian Mathis appeal the determinations of the Division of Selection Services which found that they did not meet the experience requirements for the open-competitive examination for Counselor, Victim Witness Program (C0671W), Cumberland County.
ACTION: The Merit System Board directed that this appeal be denied.
B-35 THOMAS R. DARMODY, III
Thomas R. Darmody, III, appeals the determination of the Division of Selection Services which found that he did not meet the experience requirement for the open competitive examination for Chief Police Instructor/Curriculum Development Specialist, Police School (C0734S), Ocean County.
ACTION: The Merit System Board directed that this appeal be denied.
B-36 ADELINE DEL PRIORE
Adeline Del Priore appeals the determination of the Division of Selection Services which found that she did not meet the experience requirement for the promotional examination for Supervising Program Development Specialist Community Service (PM3591V), Bayonne.
ACTION: The Merit System Board directed that this appeal be denied.
B-37 KAREN S. DEWITT
Karen S. Dewitt appeals the decision of the Division of Selection Services which found that appellant did not meet the experience requirements for the promotional examination for Office Supervisor (PS4454K), Department of Human Services, Division of Youth and Family Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-38 LEONIE DYKE, ET AL,
Leonie Dyke, Portia D. Johnson , and Amir Shabazz appeal the decision of the Division of Selection Services which found that appellants did not meet the experience requirements for the open competitive examination for Identification Officer (M0696U), Newark.
ACTION: The Merit System Board directed that these appeals be denied.
B-39 ROLAND L. EASTMEAD
Roland L. Eastmead appeals the determination of the Division of Selection Services, which found that appellant did not meet the experience requirements for the open competitive examination for Data Processing Input/Output Control Specialist 2 (S1730T).
ACTION: The Merit System Board directed that this appeal be denied.
B-40 ANTHONY HAYNES
Anthony Haynes appeals the determination of the Division of Selection Services which found that he did not meet the education and experience requirements for the promotional examination for Client Services Representative (PS6114K), Ancora Psychiatric Hospital, Department of Human Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-41 ERNEST MEZEY
Ernest Mezey appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the open-competitive examination for Counselor, Victim Witness Program (C0658W), Passaic County.
ACTION: The Merit System Board directed that this appeal be denied.
B-42 BETH A. O'BRIEN
Beth A. O'Brien appeals the determination of the Division of Selection Services which found that she did not meet the eligibility requirements for the promotional examination for Senior Fiscal Analyst (PS4025I), Department of Corrections.
ACTION: The Merit System Board directed that this appeal be denied.
B-43 DANIEL PHELAN
Daniel Phelan appeals the decision of the Division of Selection Services which found that appellant did not meet the experience requirements for the promotional examination for Administrative Analyst 1 (PS3866D), Department of Community Affairs.
ACTION: The Merit System Board directed that this appeal be denied.
B-44 GERALD P. SELLNER
Gerald P. Sellner appeals the determination of the Division of Selection Services, which determined that he was ineligible for the promotional examination for Supervising Engineer 2, Surface Design (PS4270T), Department of Transportation, since the title under test did not represent a promotion for him.
ACTION: The Merit System Board directed that this appeal be denied.
B-45 RASHMI TRIVEDI
Lorraine Burke, the Managing Assistant Director, Human Resources, Jersey City State College, on behalf of Rashmi Trivedi, appeals the determination by the Division of Selection Services, which found that she did not meet the experience requirements of the promotional examination for Supervisor, Personnel Records and Payroll Processing 3 (PS5629J), Jersey City State College.
ACTION: The Merit System Board directed that this appeal be granted.
B-46 CHIBUZOR A. UDUH
Chibuzor A. Uduh appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the examination for Health Educator (C0534O), Bergen County.
ACTION: The Merit System Board directed that this appeal be denied.
B-47 FEDEL UNDERWOOD
Fedel Underwood appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the open competitive examinations for Social Worker 2, Corrections (S6684T) and Social Worker Juvenile Rehabilitation (C1591T), Sussex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-48 BARBARA BOWENS
Barbara Bowens appeals her failing score on the open-competitive examination for Security Guard (M0533O), Jersey City.
ACTION: The Merit System Board directed that this appeal be denied.
B-49 KATHLEEN KIERNAN
Kathleen Kiernan appeals the decision of the Division of Selection Services which found that she failed to achieve a passing score on the Senior Probation Officer (PS3221M), Morris/Sussex County Vicinage, promotional examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-50 BARBARA I. STOFF
Barbara I. Stoff appeals her score on the examination for Assistant Biologist, Wildlife Management (S0171O), Department of Environmental Protection.
ACTION: The Merit System Board directed that this appeal be denied.
B-51 MIRIAM TORRES
Miriam Torres appeals the scoring of the examination for Investigator Probation Bilingual Spanish/English (S0329W).
ACTION: The Merit System Board directed that this appeal be denied.
B-52 BERNICE WEST
Bernice West appeals the decision of the Division of Selection Services which found that she failed to achieve a passing score on the Administrative Analyst (M5820T), Newark, promotional examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-53 ROSA WILLIAMS
Rosa Williams appeals her failing score on the promotional examination for Principal Clerk Typist (PS5178J), William Paterson College.
ACTION: The Merit System Board directed that this appeal be denied.
B-54 ELIZABETH WITT
Elizabeth Witt 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 Administrative Assistant 1 (PS6190H), Department of Health and Senior Services.
ACTION: The Merit System Board directed that this appeal be granted.
B-55 SHARON BURKE
Sharon Burke appeals the validity of the examination for Senior Building Maintenance Worker (M0602O), Atlantic City.
ACTION: The Merit System Board directed that this appeal be denied.
B-56 HAROLD NOECKER AND CLIFFORD PARKER
Harold Noecker and Clifford Parker appeal the validity and administration of the promotional examination for Assistant Supervisor, Forest Fire Equipment Maintenance (PS5052G), Department of Environmental Protection.
ACTION: The Merit System Board directed that these appeals be denied.
B-57 ARTHUR WHITE
Arthur White appeals the validity of the examination for Assistant Maintenance Supervisor (C0301O), Cumberland County.
ACTION: The Merit System Board directed that this appeal be denied.
B-58 NANCY BROKOFSKY
Nancy Brokofsky appeals the administration of the promotional examination for Administrative Analyst 2 (PS5116P), Department of Law and Public Safety.
ACTION: The Merit System Board directed that this appeal be denied.
B-59 RICHARD DELANEY
Richard Delaney appeals his disqualification from the examination for Project Manager, Transportation (PS3550T).
ACTION: The Merit System Board directed that this appeal be denied.
B-60 FIRE DIRECTOR/FIRE CHIEF, PERTH AMBOY
Rodney T. Hara, Esq., on behalf of the City of Perth Amboy, appeals the decision of the Division of Human Resource Management denying the appointing authority's request to create a dual title for Fire Director/Fire Chief.
ACTION: The Merit System Board directed that this appeal be denied.
B-61 PROPOSED AMENDMENTS TO N.J.A.C. 4A:4-2.17, APPLICATION PROCESSING FEES
It is recommended that N.J.A.C. 4A:4-2.17, Application Processing Fees be approved for publication in the New Jersey Register for public notice and comment.
ACTION: The Merit System Board approved the amendments for publication in the New Jersey Register.
B-62 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of December 8, 1998 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of September 10, 1998.
B-63 ROY J. YOUNG
Roy J. Young, represented by Samuel J. Halpern, Esq., appeals his rejection as a County Correction Sergeant candidate by the County of Bergen and its request to remove his name from the eligible list for County Correction Sergeant on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board referred the appellant for independent evaluation.
B-64 APRIL BOYKINS
April Boykins, County Correction Officer, Burlington County, represented by George R. Saponaro, Esq., requests interim relief in regard to her immediate suspension, pending the outcome of her departmental hearing.
ACTION: The Merit System Board denied the request for interim relief.
B-65 BRYON DOUGLAS
The appeal of Bryon Douglas, a Senior Correction Officer at the Garden State Reception and Youth Correctional Facility, Department of Corrections (DOC), regarding a 30-day suspension, on charges, was heard by Administrative Law Judge John R. Tassini, who rendered his initial decision on September 10, 1998 reversing the 30-day suspension. The Merit System Board, at its meeting on December 8, 1998, adopted the ALJ's recommendation reversing the 30-day suspension.
ACTION: The Merit System Board adopted the final decision.
B-66 DINA PARKER-TODD
The appeal of Dina Parker-Todd, Administrative Analyst, City of Asbury Park, concerning her demotion in lieu of layoff, effective May 9, 1995, was heard by Administrative Law Judge Steven C. Reback, who rendered his initial decision on October 23, 1998. The Merit System Board, at its meeting on December 8, 1998, ordered that this matter be remanded to the Office of Administrative Law.
ACTION: The Merit System Board adopted the final decision.
B-67 MICHAEL HAYES
The Department of Corrections, 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 September 10, 1998, which modified the removal charge levied against Michael Hayes to a six-month suspension. Alternatively, Michael Hayes requests that the Board enforce its order rendered in its September 10, 1998 decision.
ACTION: The Merit System Board denied the request for stay and reconsideration and granted the request for enforcement.
B-68 GEORGE SYDLAR
The appeal of George Sydlar, Police Officer, Police Department, City of Jersey City, concerning his 30-day suspension on charges, was heard by Administrative Law Judge Ken R. Springer, who rendered his initial decision on October 27, 1998. The Merit System Board, at its meeting on December 8, 1998, adopted the ALJ's recommendation, upholding the charges, but modifying the 30-day suspension to a seven-day suspension.
ACTION: The Merit System Board adopted the final decision.
B-69 GREGORY CHANDLER
Gregory Chandler, represented by Arnold S. Cohen, Esq., requests enforcement of that part of the Merit System Board decision rendered on February 11, 1997, granting him counsel fees.
ACTION: The Merit System Board granted the request in part and the payment of counsel fees in the amount of $1062.50.
B-70 RICHARD ANDRETTA
Richard Andretta, represented by Joseph Licata, Esq., petitions the Merit System Board for reconsideration of its final administrative decision rendered on July 21, 1998 in which appellant's request for admittance to the examination for Supervisor Billing and Collection/Supervisor Sewage Meter Repairer (PC4312V), Bergen County was denied.
ACTION: The Merit System Board granted the request for reconsideration.
B-71 CORRECTION SERGEANT, JUVENILE JUSTICE
The Policemen's Benevolent Association (PBA) Local 367, represented by Robert Fagella, Esq., requests that certifications from the Correction Sergeant, Juvenile Justice (PS5139P) promotional list be stayed pending review of its appeal regarding the utilization of PAR (Performance Assessment Review) ratings as part of the promotional selection process at the Juvenile Justice Commission (JJC).
ACTION: The Merit System Board denied the request.
B-72 DOMINICK SORIANO
Dominick Soriano appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement of the promotional examination for Supervising Pumping Station Operator/Supervisor, Sewer Maintenance (PC4462V), Bergen County Utilities Authority. It is noted that this appeal was held over from the Board's November 10, 1998 meeting
ACTION: The Merit System Board directed that this appeal be denied.
B-73 FRED WILSON
Fred Wilson appeals the determination of the Division of Selection Services which found that he did not meet the educational requirements for the promotional examination for Insurance Examiner 2 (PS6275L), Department of Banking and Insurance
ACTION: The Merit System Board directed that this appeal be granted.
B-74 LOUIS A. SHOPFER, JR.
J.S. Weidemann, on behalf of the Department of Treasury, requests that Louis A. Shopfer, Jr., be permitted to utilize experience gained through out-of-title work in order to support his answers to the questionnaire for the examination for Executive Assistant 1, (PS6151U), Department of Treasury.
ACTION: The Merit System Board granted the request.
B-75 TRACIE M. YEOMAN
Tracie M. Yeoman appeals the denial of her request for paid military leave for her required annual training with the United States Naval Reserves by the appointing authority.
ACTION: The Merit System Board directed that this appeal be granted.
B-76 EARLY SETTLEMENTS
Linda Bethel Woodbine Developmental Center Department of Human Services Resignation not in good standing
Linda Drake Greystone Psychiatric Hospital Department of Human Services 10-day suspension
Carmen Kowalchek Hunterdon Developmental Center Department of Human Services Removal
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, January 12, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
_______________________________ JANICE MITCHELL MINTZ CHAIRWOMAN MERIT SYSTEM BOARD
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