Janice Mitchell Mintz, Chairwoman Alan Dexter Bowman Judith L. Shaw Leo R. Vartan
A regular meeting of the Merit System Board was held on Tuesday, December 7, 1999, in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz; Merit System Board Members, Alan Dexter Bowman, Judith L. Shaw, and Leo R. Vartan; Elizabeth Laufer, 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 November 30, 1998 and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.
All other actions were by unanimous vote unless otherwise specified.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Antoinette Brooks, Senior Correction Officer, Department of Corrections, Edna Mahan Correctional Facility for Women, suspension.
Joyce Easter, Senior Clerk Transcriber, Department of Human Services, North Jersey Developmental Center, removal.
Glen Flora, Sheriff's Officer, County of Hudson, removal.
Claudine Gray, Clerk Typist, City of Plainfield, layoff.
Joseph Zayak, Police Lieutenant, Township of Woodbridge, 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:
Karen Draheim, Building Maintenance Worker, County of Monmouth, release at the end of the Working Test Period.
Odell Jefferson, Family Service Specialist III, Department of Human Services, Division of Youth and Family Services, suspension.
Jean-Jacque Mackinson, Human Services Assistant, Department of Human Services, Woodbridge Developmental Center, resignation not in good standing.
Spencer S. Wood, Truck Driver, County of Monmouth, resignation not in good standing.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of George A. Ashton Woodbine Developmental Center Department of Human Services Removal
In the Matter of Jennifer Bright Woodbine Developmental Center Department of Human Services Removal
In the Matter of Augusta Clement Department of Corrections Resignation Not In Good Standing
In the Matter of Felisa Cooper Montclair State University Suspension
In the Matter of Bernice Couch City of Atlantic City Removal
In the Matter of Chad Glenn Monmouth County Suspension
In the Matter of Ovia Hall Department of Human Services Suspension
In the Matter of Kevin W. Jones Monmouth County Sheriff's Department Resignation in Good Standing
In the Matter of Denice Kiesling Mountainview Youth Correctional Facility Department of Corrections Resignation Not in Good Standing
In the Matter of Carmine Orrico Department of Transportation Suspension
In the Matter of Wendy Smarr Vineland Developmental Center Department of Human Services Suspension
In the Matter of Valerie L. Thompson Department of Health and Senior Services Suspension
In the Matter of Renee Triolo Mid State Correctional Facility Department of Corrections Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements with the exception of Denice Kiesling, which was held over.
A-2 JAMES KLUG
James Klug, Marina Supervisor, Borough of Belmar, Department of Parks and Recreation, layoff effective March 31, 1997, for reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Uphold the layoff.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-3 JOHN MONDRY
John Mondry, Police Officer, Police Department, City of Jersey City, suspension for 77 days, beginning September 7, 1994 and ending November 23, 1994, on a charge which states no member shall be involved in or party to a criminal act.
Recommendation of the Administrative Law Judge - Uphold the 77 day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-4 IYANA BYRD
Iyana Byrd, Human Services Assistant, Vineland Developmental Center, Department of Human Services, removal effective October 30, 1997, on charges of physical abuse of 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-5 CARMEN CAMUSO
Carmen Camuso, School Crossing Guard, City of Newark, removal effective December 11, 1997, on charges of failure to comply with the City of Newark's Residency Ordinance for employees of the City of Newark.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.
A-6 SEAN CLARK
Sean Clark, Building Maintenance Worker, Trenton Housing Authority, removal effective February 13, 1997, on charges of insubordination, conduct unbecoming a public employee and excessive absenteeism.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-7 NAGUIB S. HANNA
Naguib S. Hanna appeals the removal of his name from the Assistant Environmental Engineer (S60380) eligible list based on a claimed inability to perform the duties of the position based on the appellant's inability to communicate effectively in English.
Recommendation of the Administrative Law Judge - Appellant should be examined by the New Jersey Department of Personnel to determine whether he satisfies the English language requirement in the job specification for Assistant Environmental Engineer. If successful, appellant should be placed on the existing eligible list for that title, and should be included in the next certification which may be required by DEP.
ACTION: The Merit System Board directed that this matter be held over in order that the Department of Environmental Protection could submit a clarification of its exceptions.
A-8 ANDREW IZATT
Andrew Izatt, Police Chief, Borough of South Toms River, removal effective August 28, 1998, on charges of incompetency, inefficiency and/or failure to perform duties, insubordination, inability to perform duties, chronic or excessive absenteeism and/or lateness, conduct unbecoming a public employee, neglect of duty, falsification of official records, intentionally omitting information on official records, theft of public funds and abandonment of position.
Recommendation of the Administrative Law Judge - Reverse the removal and impose a six month suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-9 ANTHONY MAPLES
Anthony Maples, Human Services Technician (HST), Division of Mental Health Services, Department of Human Services, removal effective February 4, 1994, on charges of conduct unbecoming a State employee and possession of a controlled dangerous substance.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-10 MICHAEL ROONEY
Michael Rooney, County Correction Officer, Essex County Police Academy and Essex County, removal effective February 4, 1998, on charges of failing to successfully complete a required firearms training program.
Recommendation of the Administrative Law Judge - Acknowledge the settlement.
ACTION: The Merit System Board acknowledged the settlement.
A-11 SHANNON STONEHAM-GAETANO AND MARIA CIUFO
Shannon Stoneham-Gaetano and Maria Ciufo, County Correction Officers, Monmouth County and Monmouth County Police Academy, removal effective February 11, 1998, on charges of dismissal from a basic training course for failing to successfully complete the handgun qualification course.
Recommendation of the Administrative Law Judge - Reverse the removal and reinstate appellants to their former positions.
ACTION: The Merit System Board directed that this matter be held over.
SECTION B - MISCELLANEOUS MATTERS
B-1 GONZALO GONZALES
Gonzalo Gonzales, represented by Kevin Sisco, Esq., appeals his rejection as a Fire Fighter candidate by the City of Paterson and its request to remove his name from the eligible list for Fire Fighter 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 PAULA BANDURA
Paula Bandura, a Practical Nurse with Woodbridge Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted in part.
B-3 JOSEPH CONNORS
Joseph Connors, a Repairer with Ancora Psychiatric Hospital, Department of Human Services, represented by Howard J. Heald, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board referred the matter to the Medical Examiners Panel.
B-4 CHARLES LOVETT
Charles Lovett, a Day Care Center Technician with the Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-5 PATRICIA ORGIAS
Patricia Orgias, formerly a Head Cottage Training Supervisor with Trenton 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 granted in part.
B-6 DOREEN BOYD
Doreen Boyd, represented by William Franklyn Joseph, Esq., appeals the determination of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove her name from the eligible list for Investigator, County Medical Examiner's Office (C6180O), Camden County, for failure to satisfy the experience requirement.
ACTION: The Merit System Board directed that this appeal be denied.
B-7 JAMES E. GANLEY
James E. Ganley appeals the determination of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Fire and Ambulance Dispatcher (M0036O), City of Jersey City, for failure to satisfy the experience requirement.
ACTION: The Merit System Board directed that this appeal be denied.
B-8 WILLIAM GAWRON
William Gawron, represented by David J. DeFillippo, Esq., appeals the decision of Human Resource Information Systems which upheld his bypass on the list for Police Chief (PM4075V), Borough of Sayreville.
ACTION: The Merit System Board granted a hearing.
B-9 JAMES LARINA
James Larina, represented by Jay W. McCann, Esq., 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 County Correction Officer (C6344S), Passaic County, eligible list on the basis of an unsatisfactory driving record.
ACTION: The Merit System Board directed that this appeal be denied.
B-10 ANDREW NAZARIO
Andrew Nazario, represented by David Grossman, Esq., appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove his name from the Police Officer (S9999V), City of Passaic eligible list for failure to meet the age requirement.
ACTION: The Merit System Board directed that this appeal be denied.
B-11 BRIAN SHANNON
Brian Shannon 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 County Correction Officer (C0448S), Bergen County, eligible list on the basis of an unsatisfactory driving record.
ACTION: The Merit System Board directed that this appeal be denied.
B-12 MICHAEL EVERETT
Michael Everett, a Police Officer with Hamilton Township, represented by George T. Dougherty, Esq., requests a hearing in regard to his 45-day suspension with pay, effective July 29, 1999. Additionally, petitioner requests interim relief in regard to the Township's subsequent assignment of him to non-police duties and its requirement that he attend psychological counseling prior to being returned to his former duties.
ACTION: The Merit System Board granted a hearing.
B-13 VIOLA THOMAS
Viola Thomas, a Senior Vocational Counselor (Corrections) at Bayside State Prison, Department of Corrections, which found that she failed to present sufficient evidence to establish that she had been discriminated against on the basis of her race, color, creed, ancestry or national origin or that she was retaliated against or harassed.
ACTION: The Merit System Board directed that this appeal be denied.
B-14 SOPHIA MIN
Sophia Min, a Personnel and Labor Analyst 3 with the Department of Personnel requests reconsideration of a decision rendered by the Merit System Board (Board) on September 29, 1998 denying her request for a hearing before the Board for two minor disciplinary actions which resulted in the issuance of an official written reprimand and a suspension of two days.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-15 EDWARD J. NISTICO
Edward J. Nistico, represented by James P. Swift, Esq., seeks reconsideration of the Merit System Board decision which denied his appeal of his removal from the Police Officer (M5409N), Atlantic City eligible list on the basis of psychological unfitness.
ACTION: The Merit System Board granted the request for reconsideration and revived the Police Officer (M5409N), Atlantic City eligible list.
B-16 JOINT ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST - JOSEPH DENARO V. TOWNSHIP OF TEANECK
Administrative Law Judge (ALJ) Michael L. Ravin issued an order which denied consolidation of the Merit System Board and Public Employment Relations Commission matters. Based on this determination, the Merit System Board and the Public Employment Relations Commission developed a joint order modifying the ALJ's order. This joint order is now submitted to the Board for consideration and approval.
ACTION: The Merit System Board adopted the joint order of consolidation and predominant interest.
B-17 JOINT ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST - MICHAEL A. DEPOMPEO V. TOWNSHIP OF TEANECK
Administrative Law Judge (ALJ) Jeffrey A. Gerson issued an order which denied consolidation of the Merit System Board and Public Employment Relations Commission matters. Based on this determination, the Merit System Board (Board) and the Public Employment Relations Commission (PERC) developed and adopted a joint order adopting the ALJ's order. Subsequently, Teaneck filed a request for reconsideration stating that it never received the ALJ's original order and therefore did not have the opportunity to file exceptions. Based on this request, the Board and PERC granted Teaneck's request for reconsideration and developed a new joint order adopting the previous joint order. This new joint order is now submitted to the Board for consideration and approval.
ACTION: The Merit System Board granted the request for reconsideration and adopted the new joint order reaffirming the original joint order of consolidation and predominant interest.
B-18 EDWARD O'NEIL
Edward O'Neil, an Equipment Operator with the Department of Public Works, Borough of Highlands petitions the Merit System Board for reconsideration of the final administrative decision, rendered on June 8, 1999, which found that the appellant's removal was justified. This matter was held over from the Board's November 23, 1999 meeting for further review.
ACTION: The Merit System Board directed that this appeal be held over.
B-19 BARBARA HENRY
The appeal of Barbara Henry, a Human Services Technician at Ancora Psychiatric hospital, Department of Human Services, regarding her resignation not in good standing effective January 29, 1998, was heard by Administrative Law Judge Anthony T. Bruno (ALJ), who rendered his initial decision on September 30, 1999. At its meeting on November 9, 1999, the Board did not accept the ALJ's recommendation that the resignation not in good standing be reversed. Rather, the Board upheld the resignation not in good standing. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-20 MARIO SIMMONS
The appeal of Mario Simmons, a Police Officer with the City of Newark, regarding a 120-day suspension on charges, was heard by Administrative Law Judge Michael L. Ravin (ALJ), who rendered his initial decision on September 10, 1999, reducing the 120-day suspension to a 60-day suspension. At its meeting on October 26, 1999, the Board concluded that the 120-day suspension should be reduced to a 15-day suspension. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board directed that this matter be held over.
B-21 LLOYD VESSELS
The appeal of Lloyd Vessels, a Correction Sergeant with the Albert C. Wagner Youth Correctional Facility, Department of Corrections, of his 45-day suspension on charges was heard by Administrative Law Judge Steven C. Reback, who rendered his initial decision on October 5, 1999, modifying the 45- day suspension to a 30-day suspension. At its meeting on November 9, 1999, the Board affirmed the recommendation of the ALJ. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-22 MICHAEL ACHONYE
Michael Achonye appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the Business Manager (M6500W), City of Linden open competitive examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-23 PAUL BRUNDAGE
Paul Brundage appeals the determination of the Division of Selection Services which found that appellant did not meet the requirements for the promotional examination for Police Sergeant Health Care Facility, (PS5666K), Department of Human Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-24 JOANN T. DIEHL
Joann T. Diehl 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 Analyst 3 (PS6256K), Department of Human Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-25 MARY J. EDWARDS
Mary J. Edwards appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Management Specialist (PC3168V), Bergen County.
ACTION: The Merit System Board directed that this appeal be denied.
B-26 ALBRECHT W. GRAMPP
Albrecht W. Grampp 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 Counselor Penal Institution (C0595O), Atlantic City.
ACTION: The Merit System Board directed that this appeal be denied.
B-27 NORMA GREEN
Norma Green appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for the promotional examination for Media Technician 3 (PS7334J), Kean University.
ACTION: The Merit System Board directed that this appeal be granted.
B-28 CATHRYN L. HOCHKEPPEL
Cathryn L. Hochkeppel appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for the promotional examination for Principal Clerk Stenographer (PM0234A), Borough of Fair Lawn.
ACTION: The Merit System Board directed that this appeal be granted.
B-29 FELICIA JEGEDE
Felicia Jegede appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Senior Health Aide (PM3235V), City of Newark.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-30 MATHEW K. KARIMATTAM
Mathew K. Karimattam appeals the determination of the Division of Selection Services which found that appellant did not meet the requirements for the Social Worker (PC0480A), Bergen County, promotional examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-31 CAROL F. MARSHALL
Carol F. Marshall 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 Clerk Transcriber (PS4952J), Stockton State College.
ACTION: The Merit System Board directed that this appeal be granted.
B-32 VISHNU H. PATEL
Vishnu H. Patel appeals the determination of the Division of Selection Services which found that appellant did not meet the requirements for the Social Worker (PC0480A), Bergen County, promotional examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-33 YETTA SOMERS
Yetta Somers appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Training Technician (PS7661R), Board of Public Utilities ("BPU").
ACTION: The Merit System Board directed that this appeal be denied.
B-34 DAVID W. BOWLBY
David W. Bowlby appeals the determination of the Division of Selection Services which found that he did not meet the requirements for a provisional appointment to the title of Administrative Analyst 2, Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-35 JOSEPH CALI
Joseph Cali appeals the decision of the Division of Selection Services which found that appellant was not permanent in a title to which the examination was open for Senior Library Assistant (PM0199W), Jersey City.
ACTION: The Merit System Board directed that this appeal be denied.
B-36 JOSEPH DECICCO
Joseph DeCicco appeals the decision of the Division of Selection Services which found that appellant was not permanent in a title to which the examination was open for Senior Water Meter Repairer (PM0749W), East Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-37 CATHERINE DUNBAR
Catherine Dunbar appeals the decision of the Division of Selection Services which found that appellant was not permanent in a title to which the examination was open for Superintendent of Recreation (PM3582V), Camden City.
ACTION: The Merit System Board directed that this appeal be denied.
B-38 SHEILA SWOOPES
Sheila Swoopes appeals the decision of the Division of Selection Services which found that appellant was not permanent in a title to which the examination was open for Secretarial Assistant 3 (PS6994K), Division of Youth and Family Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-39 MARGARET WILLIAMS
Margaret Williams appeals the decision of the Division of Selection Services which found that appellant was not permanent in a title to which the examination was open for Principal Clerk Typist (PC3011V), Salem County.
ACTION: The Merit System Board directed that this appeal be denied.
B-40 JOHN KIRK, III
John Kirk, III appeals the decision of the Division of Selection Services which found that he lacked the required amount of continuous permanent status as of the closing date for Police Sergeant (PM0959W), Newark.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-41 PATRICIA CREWS
Patricia Crews appeals the decision of the Division of Selection Services which found that she failed to achieve a passing score on the Head Cottage Training Supervisor (PS4355K), Woodbridge Developmental Center promotional examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-42 MICHELE FILKOHAZI
Michele Filkohazi appeals the determination of the Division of Selection Services which found that she failed to achieve a passing score on the Youth Aide (C0746W), Middlesex County examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-43 SHERRI TUCKER
Sherri Tucker appeals the decision of the Division of Selection Services which found that she failed to achieve a passing score on the Technical Library Assistant (PS4838J), William Paterson College promotional examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-44 JOSEPH WILKERSON
Joseph Wilkerson appeals the decision of the Division of Selection Services which found that he failed to achieve a passing score on the security Guard (M0497O), Newark examination.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-45 EDUCATION PROGRAM DEVELOPMENT SPECIALIST 1 AND 2
The Manager, Shared Services Center II, Department of Personnel, requests that the educational requirements for the Education Program Development Specialist 1 and Education Program Development Specialist 2 titles be relaxed to allow two employees of the Human Resource Development Institute (HRDI) to qualify for retroactive permanent appointments.
ACTION: The Merit System Board directed that this appeal be granted.
VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Judith L. Shaw (Yes) Leo Vartan (Yes)
B-46 JAMES ADAMS
James Adams appeals his score on the examination for Fire Captain (PM3623V), Union Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-47 JAMES ANDERSON
James Anderson appeals his score on the examination for Fire Lieutenant (PM0945U), Bayonne.
ACTION: The Merit System Board directed that this appeal be granted in part.
B-48 JEFF BEETLE
Jeff Beetle appeals his score on the examination for Fire Captain (PM3625V), West Orange.
ACTION: The Merit System Board directed that this appeal be granted in part.
B-49 THOMAS BELLI
Thomas Belli appeals his score on the examination for Fire Captain (PM3625V), West Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-50 FREDERICK BEHNKE
Frederick Behnke appeals his score on the examination for Fire Captain (PM4166V), Hillside.
ACTION: The Merit System Board directed that this appeal be denied.
B-51 FRANK BIRCH
Frank Birch appeals his score on the examination for Fire Lieutenant (PM4177V), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-52 MICHAEL BLAZEJOWSKI
Michael Blazejowski appeals his score on the examination for Fire Lieutenant (PM4177V), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-53 THOMAS BONDURICH
Thomas Bondurich appeals his score on the examination for Fire Lieutenant (PM3629V), Union Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-54 RICHARD BORNSTAD
Richard Bornstad appeals his score on the examination for Fire Lieutenant (PM4177V), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-55 LEO BORRE
Leo Borre appeals his score on the examination for Fire Lieutenant (PM3629V), Union Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-56 JOSEPH BYRNE
Joseph Byrne appeals his score on the examination for Fire Captain (PM3625V), West Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-57 THOMAS CALLAHAN
Thomas Callahan appeals his score on the examination for Fire Lieutenant (PM4177U), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-58 RAYMOND CARLUCCI
Raymond Carlucci appeals his score on the examination for Fire Captain (PM3625V), West Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-59 ALFRED CARROLL
Alfred Carroll appeals his score on the examination for Fire Lieutenant (PM1343U), Hackensack.
ACTION: The Merit System Board directed that this appeal be denied.
B-60 FRED CASSEL
Fred Cassel appeals his score on the examination for Fire Lieutenant (PM4177V), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-61 JOHN CASSIDY
John Cassidy appeals his score on the examination for Fire Lieutenant (PM3629V), Union Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-62 DANTE CORVELLI JR.
Dante Corvelli Jr. appeals his score on the examination for Fire Captain (PM3625V), West Orange.
ACTION: The Merit System Board directed that this appeal be granted in part.
B-63 GREGORY CORT
Gregory Cort appeals his score on the examination for Fire Captain (PM3625V), West Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-64 NICHOLAS CROSTA
Nicholas Crosta appeals his score on the examination for Fire Captain (PM4166V), Hillside.
ACTION: The Merit System Board directed that this appeal be denied.
B-65 PATRICK D'AMICO
Patrick D'Amico appeals his score on the examination for Fire Lieutenant (PM3629V), Union township.
ACTION: The Merit System Board directed that this appeal be denied.
B-66 STANLEY DEPCZEK
Stanley Depczek appeals his score on the examination for Fire Captain (PM3618V), Belleville.
ACTION: The Merit System Board directed that this appeal be denied.
B-67 DARREN DRAPKIN
Darren Drapkin appeals his score on the examination for Fire Lieutenant (PM4177V), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-68 FRANK ERICKSON
Frank Erickson appeals his score on the examination for Fire Lieutenant (PM3629V), Union Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-69 SCOTT FINER
Scott Finer appeals his score on the examination for Fire Captain (PM3621V), Rahway.
ACTION: The Merit System Board directed that this appeal be denied.
B-70 JOHN FLEISCHMAN
John Fleischman appeals his score on the examination for Fire Captain (PM3621V), Rahway.
ACTION: The Merit System Board directed that this appeal be denied.
B-71 GEORGE FELLER
George Feller appeals his score on the examination for Fire Captain (PM3625V), West Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-72 JAMES FURLONG
James Furlong appeals his score on the examination for Fire Lieutenant (PM4169V), West New York.
ACTION: The Merit System Board directed that this appeal be denied.
B-73 RICHARD GAGLIARDI
Richard Gagliardi appeals his score on the examination for Fire Lieutenant (PM4177V), Linden.
ACTION: The Merit System Board directed that this appeal be granted in part.
B-74 THOMAS GOURLAY
Thomas Gourlay appeals his score on the examination for Fire Lieutenant (PM3629V), Union Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-75 THOMAS HAEMMERLE
Thomas Haemmerle appeals his score on the examination for Fire Lieutenant (PM4169V), West New York.
ACTION: The Merit System Board directed that this appeal be denied.
B-76 ALAN HANLEY JR.
Alan Hanley Jr. appeals his score on the examinations for Fire Captain (PM3625V), West Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-77 JAMES HARRIS
James Harris appeals his score on the examination for fire Lieutenant (PM3629V), Union Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-78 PAUL HEIMALL, SR.
Paul Heimall, Sr. appeals his score on the examination for Fire Captain (PM3623V), Union Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-79 THOMAS HOLDER
Thomas Holder appeals his score on the examination for Fire Lieutenant (PM3629V), Union Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-80 MICHAEL HREHA
Michael Hreha appeals his score on the examination for Fire Lieutenant (PM4177V), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-81 ARTHUR KASTNER
Arthur Kastner appeals his score on the examination for Fire Lieutenant (PM3629V), Union Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-82 JAMES KENAH
James Kenah appeals his score on the examination for Fire Captain (PM3625V), West Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-83 JOSEPH KOWKABANY
Joseph Kowkabany appeals his score on the examination for Fire Lieutenant (PM4177V), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-84 GEORGE KUHN
George Kuhn appeals his score on the examination for Fire Lieutenant (PM4177V), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-85 SCOTT LANGLANDS
Scott Langlands appeals his score on the examination for Fire Captain (PM3618V), Belleville.
ACTION: The Merit System Board directed that this appeal be denied.
B-86 CHARLES LEONE
Charles Leone appeals his score on the examination for Fire Captain (PM3621V), Rahway.
ACTION: The Merit System Board directed that this appeal be denied.
B-87 JAMES MARZARELLA
James Marzarella appeals his score on the examination for Fire Lieutenant (PM3629V), Union Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-88 RICHARD MASSON
Richard Masson appeals his score on the examination for Fire Captain (PM3625V), West Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-89 MARK MASTERSON
Mark Masterson appeals his score on the examination for Fire Lieutenant (PM4169V), West New York.
ACTION: The Merit System Board directed that this appeal be denied.
B-90 JEFFREY MCGRATH
Jeffrey McGrath appeals his score on the examination for Fire Lieutenant (PM3629V), Union Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-91 MICHAEL MCGRATH
Michael McGrath appeals his score on the examination for Fire Captain (PM3800V), Margate City.
ACTION: The Merit System Board directed that this appeal be denied.
B-92 GEORGE MILLER
George Miller appeals his score on the examination for Fire Lieutenant (PM4177V), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-93 MICHAEL MODRAK
Michael Modrak appeals his score on the examination for Fire Lieutenant (PM4177V), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-94 JOSEPH MUSSO
Joseph Musso appeals his score on the examination for Fire Captain (PM3623V), Union Township.
ACTION: The Merit System Board directed that this appeal be granted in part.
B-95 FRANK PAPAIANNI
Frank Papaianni appeals his score on the examination for Fire Lieutenant (PM36026V), Belleville.
ACTION: The Merit System Board directed that this appeal be denied.
B-96 JAMES PEINS
James Peins appeals his score on the examination for Fire Captain (PM3621V), Rahway.
ACTION: The Merit System Board directed that this appeal be denied.
B-97 WILLIAM PELLETTIERE
William Pellettiere appeals his score on the examination for Fire Captain (PM4166V), Hillside.
ACTION: The Merit System Board directed that this appeal be denied.
B-98 HERMAN PETERS
Herman Peters appeals his score on the examination for Fire Lieutenant (PM4169V), West New York.
ACTION: The Merit System Board directed that this appeal be denied.
B-99 STEPHEN PHILLIPS
Stephen Phillips appeals his score on the examination for Fire Captain (PM3625V), West Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-100 KENNETH REITMEYER
Kenneth Reitmeyer appeals his score on the examination for Fire Captain (PM3625V), West Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-101 WALTER RONGE JR.
Walter Ronge Jr. appeals his score on the examination for Fire Lieutenant (PM4177V), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-102 GARRETT RUDNICKI
Garrett Rudnicki appeals his score on the examination for Fire Lieutenant (PM4177V), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-103 MICHAEL SCANIO
Michael Scanio appeals his score on the examination for Fire Lieutenant (PM3629V), Union Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-104 DOMINIC SICO
Dominic Sico appeals his score on the examination for Fire Lieutenant (PM4169V), West New York.
ACTION: The Merit System Board directed that this appeal be granted in part.
B-105 STEVEN SPURR
Steven Spurr appeals his score on the examination for Fire Lieutenant (PM3629V), Union Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-106 DAMON STEWART
Damon Stewart appeals his score on the examination for Fire Captain (PM3625V), West Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-107 ROBERT SUMMERS
Robert Summers appeals his score on the examination for Fire Lieutenant (PM3629V), Union Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-108 JOHN TUMMINELLO
John Tumminello appeals his score on the examination for Fire Captain (PM3625V), West Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-109 GARY TYBURCZY
Gary Tyburczy appeals his score on the examination for Fire Lieutenant (PM4177V), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-110 THEODORE TYBURCZY
Theodore Tyburczy appeals his score on the examination for Fire Lieutenant (PM4177V), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-111 FREDERICK WALCK
Frederick Walck appeals his score on the examination for fire Lieutenant (PM4177V), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-112 GREGORY WEBER
Gregory Weber appeals his score on the examination for Fire Lieutenant (PM4177V), Linden.
ACTION: The Merit System Board directed that this appeal be granted in part.
B-113 THOMAS WOLANSKY
Thomas Wolansky appeals his score on the examination for Fire Lieutenant (PM3629V), Union Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-114 JOHN ZEICH
John Zeich appeals his score on the examination for Fire Lieutenant (PM4177V), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-115 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of November 23, 1999, are submitted for adoption.
ACTION: The Merit System Board directed that this matter be held over.
B-116 N.J.A.C. 4A:4-2.6 AND 2.16 AND 4A:6-5.1, 5.2 AND 5.3; PERFORMANCE ASSESSMENT REVIEW (PAR) PROGRAM
It is recommended that the Board adopt the amendments as proposed with one exception: in all areas of the rules where reference is made to the terminology used for the three PAR rating levels, the terminology will be as follows: Exceptional, Commendable and Unsatisfactory. This terminology in the original reproprosal was Outstanding, Satisfactory and Unsatisfactory.
ACTION: The Merit System Board adopted the amendments as proposed, with exceptions as explained.
B-117 N.J.A.C. 4A-8, LAYOFFS AND 4A:4-3.2, SELECTION AND APPOINTMENT
It is recommended that the Board adopt the reproposal and proposed amendments as proposed with on exception: in all areas of the rules where reference is made to the terminology used for the three PAR rating levels, the terminology should be as follows: Exceptional, Commendable and Unsatisfactory. The terminology in the original reproprosal was Outstanding, Satisfactory and Unsatisfactory.
ACTION: The Merit System Board adopted the amendments as proposed with exceptions as explained.
B-118 SYLVIA BRITT
Sylvia Britt, a Senior Correction Officer at East Jersey State Prison, Department of Corrections, represented by Arnold S. Cohen, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted in part.
B-119 CLAUDETTE GALIBER
Claudette Galiber, a Senior Correction Officer at New 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 directed that this appeal be granted.
B-120 MARK D. JOSEPH
Mark D. Joseph 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 Supervising Environmental Specialist (Coastal Resources) (PS5061G), Environmental Protection.
ACTION: The Merit System Board directed that this appeal be denied.
B-121 FRANK BIRCH, ET AL.
Fred G. Cassell, Richard Gagliardi, Michael J. Hreha, Joseph A. Kowkabany, Jr., Frederick J. Walck, and Gregory E. Weber appeal the late admittance of Frank Birch, Robert N. Lambert, Michael Modrak, Gary Tyburczy, and Theodore Tyburczy to the oral examination for Fire Lieutenant (PM4177V), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-122 EARLY SETTLEMENTS
Paula Andryuk Department of Agriculture 20-day suspension
Frederick Carnall Department of the Treasury Removal
Robert Turner County of Hudson 30-day suspension and demotion
Carlton Worthy Division of Taxation Department of the Treasury Release at the end of the Working Test Period
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 21, 1999, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
__________________________________ JANICE MITCHELL MINTZ CHAIRWOMAN MERIT SYSTEM BOARD
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