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Meeting Minutes of January 26, 1999
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, January 26, 1999 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; Henry Maurer, Director, Elizabeth A. Napolitano and Sybil Janowitch, 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.
Confidential Appointments
The Merit System Board recorded the following Confidential Appointment under N.J.S.A. 11A:3-4(h):
TO: Merit System Board DATE: January 26, 1999
FROM: Arthur E. Brown, Jr., Assistant Commissioner State and Local Operations
SUBJECT: Confidential Appointment Under N.J.S.A. 11A:3-4(h)
Department of Environmental Protection
Maureen A. McAndrew appointed as Confidential Assistant effective September 21, 1998, salary of $ 60,000.00 per annum. Position is in the Unclassified Service under N.J.S.A. 11A:3-4(h).
Verification has been made of the number of positions allocated and the number of persons holding Confidential Appointments in this agency and Commissioner Robert C. Shinn, Jr. is authorized to make the subject appointment.
Recommendation: Record appointment in the Unclassified Service under N.J.S.A. 11A:3-4(h)
The appointment of this Confidential Assistant does not exceed the entitlement authorized under N.J.S.A. 11A:3-4(h). Replacing Jeanne Mroczko - vacated position effective February 14, 1997
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Linda Boykin, Graduate Nurse, Department of Corrections, County of Hudson, suspension.
Eugene Murrell, Institutional Attendant, Morris View Nursing Home, Morris County, suspension.
Cynthia Perry, Senior School Clerk, School District, City of Newark, suspension.
Shia Podeszwa, Head Nurse, Department of Military & Veterans Affairs, removal.
Matthew Tarasewicz, County Correction Officer, County Jail, Burlington County, suspension.
Faith Willis, Income Maintenance Specialist, Welfare Board, County of Warren, (2) suspensions and fine.
DISMISSAL OF APPEALS - FAILURE TO APPEAL
The Merit System Board dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:
John Filardo, Truck Driver, Single Axle, Department of Transportation, Human Resources, removal.
Margaret Huggins, Senior Security Guard, Department of Human Resource Services, School District, City of Newark, removal.
Leone Mancini, Senior Correction Officer, Department of Corrections, East Jersey State Prison, suspension.
Nancy Rutkowski, Therapy Program Assistant (Recreation), Military and Veterans Affairs, reassignment due to reduction-in-force.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Thomas Britton Town of Kearny Suspension
In the Matter of Geraldine Butler State Operated School District of the City of Newark Suspension
In the Matter of Alan Campi The Judiciary, Mercer Vicinage Suspension
In the Matter of Concetta B. Caponegra Newark Board of Education Removal
In the Matter of Silas Davis Gloucester County Removal
In the Matter of Richard Harry Burlington County Jail - Burlington County Removal
In the Matter of Donald Hildreth Jersey City Board of Education Suspension
In the Matter of Joann Long New Lisbon Developmental Center Department of Human Services Suspension
In the Matter of Margo S. Masciantoni New Lisbon Developmental Center Department of Human Services Suspension
In the Matter of Delores McBride Cumberland County Suspension
In the Matter of Earl Polhamus Woodbine Developmental Center Department of Human Services Suspension
In the Matter of Thomas Pray New Jersey State Prison Department of Corrections Suspension
In the Matter of Joseph Tucker Department of Public Safety - Mercer County Suspension
In the Matter of Ian Wildman Judiciary Release at the End of Working Test Period
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements with the exception of Margo S. Masciantoni, which was held over.
A-2 KEITH MCGOUGH
Keith McGough, Mechanic's Helper, Ancora Psychiatric Hospital, Department of Human Services, layoff effective May 22, 1998, due to reduction in force - "Good faith issue only."
Recommendation of the Administrative Law Judge - Uphold the layoff.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-3 ROBERT SCOULER
Robert Scouler, Construction Official, Department of Development and Planning, City of Camden, suspension for thirty days beginning December 8, 1997, on charges of insubordination and neglect of duty.
Recommendation of the Administrative Law Judge - Dismiss the appeal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge to dismiss the appeal.
A-4 ALICE TROCHE
Alice Troche, Teacher Aide, State-Operated School - District of Jersey City, suspension for five months beginning January 27, 1997 and ending June 30, 1997, on charges of neglect of duty and conduct unbecoming an employee in the public service.
Recommendation of the Administrative Law Judge - Reverse the suspension and award back pay for the period from January 27, 1997, to the date of reinstatement.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a one month suspension.
A-5 OPAL WRIGHT
Opal Wright, Examination Technician, Motor Vehicles, Division of Motor Vehicles, Department of Transportation, suspension for 10 days beginning June 16, 1997, and ending June 27, 1997, on charges of insubordination, and removal effective November 21, 1997, on charges of tardiness.
Recommendation of the Administrative Law Judge - Uphold the suspension and removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-6 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 directed that this matter be held over.
A-7 SHEILA GREEN
Sheila Green, Senior Correction Officer, New Jersey State Prison, Department of Corrections, removal effective May 30, 1997, on charges of conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-8 JOSEPH GUZIEWICZ
Joseph Guziewicz, Building Maintenance Worker, Department of Public Works, Mount Holly Township, removal effective September 6, 1997, on charges of incompetency, inefficiency and failure to perform duties and neglect of duty.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a five day suspension.
A-9 CATHERINE KAUFFMAN
Catherine Kauffman, Program Director, Department of Alcohol Services - Cumberland County, removal effective August 4, 1997, on charges of incompetency, inefficiency, or failure to perform duties, neglect of duty and misuse of public property.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-10 LAWRENCE ZAMENSKY
Lawrence Zamensky, Senior Correction Officer, Garden State Reception and Youth Correctional Facility, Department of Corrections, removal effective July 13, 1994, on charges of conduct unbecoming a public employee. The Board at its meeting on December 8, 1998, reviewed the initial decision and directed that this matter be held over.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
SECTION B - MISCELLANEOUS MATTERS
B-1 ROBERT F. GEYER
Robert F. Geyer, represented by Michael J. Herbert, Esq., appeals his rejection as a Police Officer candidate by the City of Jersey City 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-2 JOHN MESCAVAGE
John Mescavage, represented by Susan Ferraro, Esq., appeals his rejection as a County Correction Officer candidate by the County of Hudson 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 the appellant be referred to the Medical Review Panel for an independent evaluation.
B-3 DEMETRIOS ANASTASATOS
Demetrios Anastasatos 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 KEITH SORENSON
Keith Sorenson, a Field Monitor 2, Division of Motor Vehicles, with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-5 IRIS ALLISON
Iris Allison appeals the decision of the Certification Unit which found that the Department of Corrections had presented a sufficient basis to remove her name from the Correction Officer Recruit (S9673P) eligible list.
ACTION: The Merit System Board directed that this appeal be denied.
B-6 STEVEN DILKS
Steven Dilks, represented by Michael Miller, Esq., appeals the decision of Human Resource Information Systems which found that the City of Camden had presented a sufficient basis to remove his name from the Police Officer (M1836M) eligible list.
ACTION: The Merit System Board directed that this appeal be denied.
B-7 SHARON GREENE
Sharon Greene appeals the decision of the Certification Unit which determined that the Department of Corrections had presented a sufficient basis to remove her name from the Correction Officer Recruit (S9564J) priority hiring list.
ACTION: The Merit System Board directed that this appeal be denied.
B-8 CARL L. GREEN, SR.
Carl L. Green, Sr., a Probation Officer with the Judiciary, Essex Vicinage, represented by Craig S. Gumpel, Esq., petitions the Merit System Board to reconsider its final decision dismissing his appeal without prejudice based on his failure to pursue.
ACTION: The Merit System Board granted the request for reconsideration and directed that the matter be transmitted to the Office of Administrative Law for a hearing.
B-9 ANTHONY L. JACKSON
Anthony L. Jackson, Police Officer, Elizabeth, represented by Robert V. Baer, Esq., petitions the Merit System Board for reconsideration of the final administrative decision issued October 19, 1998, which denied his request for a hearing in regard to his removal, effective February 27, 1998 on charges.
ACTION: The Merit System Board granted the request for reconsideration and directed that the matter be transmitted to the Office of Administrative Law for a hearing.
B-10 BARBARA A. KNIER
The appeal of Barbara A. Knier, a Practical Nurse, County of Monmouth, removal effective April 18, 1997, on charges, was heard by Administrative Law Judge Joseph F. Martone, who rendered his initial decision on December 2, 1998 acknowledging a settlement. The Merit System Board (Board), at its meeting of January 12, 1999, affirmed the ALJ's recommendation acknowledging the settlement.
ACTION: The Merit System Board adopted the final decision.
B-11 ROBERT HAMMOND
Robert Hammond, a County Correction Officer, Monmouth County Jail, Monmouth County, represented by Edward C. Bertucio, Jr., Esq., requests enforcement of that part of the Merit System Board decision rendered on January 14, 1997, granting him counsel fees.
ACTION: The Merit System Board granted the request in part and ordered the appointing authority to pay counsel fees in the amount of $5194.00.
B-12 ENGINEERING AIDE (M2875R), CITY OF JERSEY CITY
The appointing authority requests permission not to make an appointment from the certification for Engineering Aide (M2875R), City of Jersey City.
ACTION: The Merit System Board granted the appointment waiver and assessed compliance costs of $1000.00.
B-13 SENIOR ACCOUNT CLERK (M0197T), CITY OF JERSEY CITY
The appointing authority requests permission not to make an appointment from the certification for Senior Account Clerk (M0197T), City of Jersey City.
ACTION: The Merit System Board denied the request and assessed $250.00 in compliance costs.
B-14 SENIOR DOCKET CLERK, BILINGUAL IN SPANISH AND ENGLISH (M0447T), CITY OF CLIFTON
The appointing authority requests permission not to make an appointment from the certification for Senior Docket Clerk, Bilingual in Spanish and English (M0447T), City of Clifton.
ACTION: The Merit System Board granted the request and did not assess costs.
B-15 MONICA BROWER
Monica Brower appeals her ineligibility for the Police Sergeant (PM0979W), promotional examination for the City of Atlantic City.
ACTION: The Merit System Board directed that this appeal be denied.
B-16 TIMOTHY J. BRUNETTA AND DONALD S. FELICE
Timothy J. Brunetta, represented by A. Michael Baker, Esq., and Donald S. Felice, represented by Stuart J. Alterman, Esq., appeal the determination of the Division of Human Resource Management which found that Mr. Brunetta was ineligible for the promotional examination for Police Sergeant (PM0972W), Vineland, and Mr. Felice was ineligible for the promotional examination for Police Sergeant (PM0955W), Millville.
ACTION: The Merit System Board directed that these appeals be denied.
B-17 HOLLIE A. CUTTINO
Hollie A. Cuttino appeals the determination of the Division of Selection Services that she failed the examination for Municipal Court Administrator (PM2071T), East Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-18 ERNESTINA GIBLIN
Ernestina Giblin appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Administrative Analyst 2, (PS5693T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be granted.
B-19 EDWARD H. RAMSEY
Edward Ramsey appeals his ineligibility for the Police Sergeant (PM0975W), promotional examination for the City of Wildwood.
ACTION: The Merit System Board directed that this appeal be denied.
B-20 ROSA M. RODRIGUEZ
Rosa M. Rodriguez 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 Welfare Interviewer (M5238S), City of Vineland.
ACTION: The Merit System Board directed that this appeal be denied.
B-21 PHILIP E. SAVOIE
Philip E. Savoie appeals the determination of the Division of Human Resource Management which found that he was ineligible for the promotional examination for Principal Environmental Specialist, Air Pollution Control (PW006G), Environmental Protection.
ACTION: The Merit System Board directed that this appeal be denied.
B-22 GUY M. TARGONSKI
Guy M. Targonski appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Supervisor Public Works (PM3415V), Sayreville Borough.
ACTION: The Merit System Board directed that this appeal be denied.
B-23 MICHAEL J. MASTANDUNO
Michael Mastanduno requests that his name be placed on the Fire Fighter (M0796U), Woodbridge, open-competitive employment list which was limited only to the volunteer members of the Woodbridge Township Fire District #1 who had two years of active service as a volunteer.
ACTION: The Merit System Board granted the request.
B-24 VINCENT E. BAGLIVO, ET AL.
Vincent E. Baglivo, Nicholas P. Katkic, Arthur E. Marchione and Donald S. Matlack appeal the scoring and/or administration of the promotional examinations for Project Engineer Construction (PS2485T and PS4999T), Department of Transportation. These appeals have been consolidated due to common issues.
ACTION: The Merit System Board directed that these appeals be denied.
B-25 HAROLD PRYOR AND JUAN SANTANA
Harold Pryor and Juan Santana appeal their failing test scores on the promotional examination for Supervisor Trades (PM4009V), Newark School District.
ACTION: The Merit System Board directed that these appeals be denied.
B-26 EXECUTIVE ASSISTANT PUBLIC SAFETY, HUDSON COUNTY
Lawrence Henderson, Hudson County Personnel Director, requests that the provisions of N.J.A.C. 4A:4-2.4(c) be relaxed to reduce the three years of experience requirement to one year for the next announcement for Executive Assistant Public Safety, Hudson County.
ACTION: The Merit System Board granted the request.
B-27 PROPOSED REACSCTION OF RULE N.J.A.C. 4A:3, CLASSIFICATION, SERVICES AND COMPENSATION
It is recommended that the proposed readoption of rule N.J.A.C. 4A:3, Classification Services and Compensation be readopted without change.
ACTION: The Merit System Board readopted the rule chapter without change.
B-28 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of January 12, 1999 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of January 12, 1999.
B-29 JOZANNE LABRACCIO
Jozanne LaBraccio, Home Instructor, Commission for the Blind and Visually Impaired, Department of Human Services, represented by Bernice Zickwolf, Staff Representative, CWA Local 1039, requests interim relief in regard to her immediate suspension.
ACTION: The Merit System Board denied the request.
B-30 DENNIS NAGY
Dennis Nagy, a Deputy Police Chief with the Carteret Borough Police Department, represented by A.J. Fusco, Jr., Esq., requests interim relief in regard to his immediate suspension without pay effective January 7, 1999.
ACTION: The Merit System Board denied the request.
B-31 DIANE MURPHY
The appeal of Diane Murphy, Supervisor of Legal Secretarial Services, Division of Criminal Justice, Department of Law and Public Safety, concerning her removal, effective February 25, 1997, on charges, was heard by Administrative Law Judge Solomon A. Metzger (ALJ), who rendered his initial decision on October 20, 1998. The Merit System Board, at its meeting on January 12, 1999, affirmed the decision of the ALJ and modified the removal to a five-day suspension.
ACTION: The Merit System Board adopted the final decision.
B-32 LINDA SIBILIA
The appeal of Linda Sibilia, Head Nurse, New Jersey Veterans Memorial Home at Vineland, Department of Military and Veterans Affairs, concerning her removal on charges was heard by Administrative Law Judge Lillard E. Law, who rendered his initial decision on July 9, 1998. At its meeting of January 12, 1999, the Merit System Board affirmed the ALJ's recommendation to uphold the removal.
ACTION: The Merit System Board adopted the final decision.
VOTE Janice Mitchell Mintz (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Julius J. Mastro (No)
B-33 GABRIEL ANGEMI, ET AL.
Gabriel Angemi et al., represented by Michael Miller, Esq., request interlocutory review of the December 17, 1998 letter ruling and order of Administrative Law Judge Steven C. Reback regarding their appeal on the Fire Fighter (M9064S), City of Camden eligible list, which was transmitted to the Office of Administrative Law by the Department of Personnel.
ACTION: The Merit System Board granted the request and modified the order.
B-34 MARK R. LORENZ
Mark R. Lorenz, represented by Vincenza Leonelli-Spina, Esq., appeals his score on the promotional examination for Fire Captain (PM1192T), Weehawken.
ACTION: The Merit System Board directed that this appeal be denied.
B-35 JAMES J. MCDONOUGH
James J. McDonough appeals his score on the promotional examination for Fire Captain (PM1192T), Weehawken.
ACTION: The Merit System Board directed that this appeal be granted in part.
B-36 CHILD CARE QUALITY ASSURANCE TITLE SERIES
The Director, Division of Human Resource Management, requests that N.J.A.C. 4A:4-7.6, lateral title change criteria, be relaxed in order to implement the consolidation of seven Department of Human Services, Division of Youth and Family Services titles into the three-level Child Care Quality Assurance title series.
ACTION: The Merit System Board granted the request.
B-37 EARLY SETTLEMENTS
Marilyn Hall Trenton Psychiatric Hospital Department of Human Services 10-day suspension
Babatunde Olaniyan Greystone Park Psychiatric Hospital Department of Human Services 10-day suspension
Debra Worth County of Mercer 15 day suspension
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, February 9, 1999, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
_______________________________ JANICE MITCHELL MINTZ CHAIRWOMAN MERIT SYSTEM BOARD |
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