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Meeting Minutes of May 4, 1999
Janice Mitchell Mintz, Chairwoman Margaret E. L. Howard Judith L. Shaw
A regular meeting of the Merit System Board was held on Tuesday, May 4, 1999, in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz; Merit System Board Members, Margaret E. L. Howard, Judith L. Shaw, 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.
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: April 22, 1999
TO: Janice Mitchell Mintz, Commissioner
FROM: Marjorie Schwartz, Director Division of Human Resource Management
SUBJECT: Change in State Classification Plan
DEPARTMENT OF AGRICULTURE
The Department of Agriculture requested the upward re-evaluation of the title Agricultural Retention Program Manager. The granting of this request will allow the Department of Agriculture to plan and implement changes to the Farmland Preservation Program which resulted from Governor Whitman's initiative to provide a stable source of funding to preserve 300,000 acres over the next four years and one million acres over the next ten years. The increase in the knowledge needed in both real estate acquisition and applicable law, and a level of experience higher than currently required, support the requested re-evaluation of this title from its current Range M27 to Range M29.
I recommend your approval of this request.
TITLE RE-EVALUATION Effective 04/10/99
FROM: TO:
Agricultural Retention Agricultural Retention Program Manager Program Manager M27-03082 Career-Competitive WWK M29-03082 Career-Competitive WWK NL12 NL12
DATE: April 20, 19
TO: Janice Mitchell Mintz, Commissioner
FROM: Marjorie Schwartz, Director Human Resource Management
SUBJECT: Change in Classification Plan
DEPARTMENT OF HUMAN SERVICES
The Department of Human Services requests the reactivation of the title Clinical Director 1 for use in the Division of Mental Health Services, which will be responsible for providing treatment services for sexually violent predators in a new 300-bed facility to be constructed later this year. This facility is to be established under provisions of P.L. 1998, c. 71, enacted August 12, 1998.
Clinical Director 1 will report to the Chief Executive Officer of the Ann Klein Forensic Center in West Trenton and will lead a team of 50 treatment staff in planning and directing all treatment programs, plans, and services for the sexually violent persons committed to the new facility. Request for reactivation of the Clinical Director 1 title is based on the scope of the evaluation and treatment services to be provided and the need to recruit a licensed candidate, versed in the administration and treatment of programs specifically oriented to sexually violent individuals.
The Department of Human Services has agreed to offset reactivation of Clinical Director 1 with inactivation of Administrator Office of Cost Reimbursement.
REACTIVATION OF CLINICAL DIRECTOR 1 Effective: April 10, 1999 M35-00561 Unclassified NL12
INACTIVATION OF ADMINISTRATOR OFFICE OF COST REIMBURSEMENT Effective: April 10, 1999 M35-50931 Career NL12
DATE: May 4, 1999
TO: Janice Mitchell Mintz, Commissioner
Henry S. Maurer, Director Merit System Practices and Labor Relations
FROM: Marjorie A. Schwartz, Director Human Resources Management
SUBJECT: Change in the Compensation Plan
NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION
The New Jersey Election Law Enforcement Commission (NJELEC) has requested an upward range reevaluation for the titles of Election Finance Analyst and Deputy Legal Counsel. The Commission contends that new and amended legislation has increased the jurisdiction and scope for which these titles are responsible.
The Commission was created to administer and enforce the Campaign Contributions and Expenditures Act, which requires candidates and campaign committees to file reports of contributors, contributions and expenditures. The Act also requires political party committees and others to file quarterly reports of their finances.
The Commission indicates that enactment of 1993 legislation expanded their legal jurisdiction. The concurrent enactment of amendments to existing legislation established a network of contribution limits, and placed restrictions on the legally permissible uses of campaign funds by candidates and elected officials. Amendments in 1995 added the enforcement of campaign literature identification requirements, while new legislation, which provided for the recall of local elected officials, increased regulatory duties over recall and recall defense committees.
An analysis of the documentation submitted indicates that the work of the Election Finance Analyst has been impacted by the new and amended legislation cited by the Commission. The scope and responsibility of this position appears to have changed and increased over the course of time. Specifically, it appears to have evolved from a type of supervising investigator to a position having greater responsibility for the interpretation and application of law. Concurrently, the Commission has requested that the minimum education requirement be increased to a law degree.
The Deputy Legal Counsel is responsible for planning, developing and organizing work programs involving the detection and prosecution of violations of the New Jersey Campaign Contributions and Expenditures Reporting Act, and interpretation and enforcement of the Act and Commission regulations. The position also functions as the Director of the Gubernatorial Public Financing Program, which distributes millions of dollars in matching funds to gubernatorial candidates.
The Commission contends that the responsibilities of this position have been augmented due to new areas of enforcement activity, which require the drafting of new regulations and the development and implementation of new investigation techniques. An analysis of the documentation submitted indicates that the work of the Deputy Legal Counsel has also been impacted by the changes cited by the Commission.
Presently, both titles are evaluated at the same range, despite the fact that the Deputy Legal Counsel could be required to exercise supervisory responsibility over the Election Finance Analyst. A review of the Hay evaluation for both titles indicates a change in the problem solving (analysis, evaluation and reasoning skills) and accountability factors (answerability for actions and consequences). We believe that an upward salary range adjustment is warranted in this case. We are requesting two (2) ranges for the Election Finance Analyst and three (3) ranges for the Deputy Legal Counsel.
CHANGE IN SALARY RANGE Effective: 05/08/99
FROM: TO: Election Finance Analyst Election Finance Analyst X29-31625 U NL X31-31625 U NL
Deputy Legal Counsel Deputy Legal Counsel X29-31616 U NL X32-31616 U NL
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
William Berry, County Correction Captain, Department of Corrections/Juvenile Justice, Camden County, Fine.
James Burke, Safety Specialist 2, Department of Transportation, Division of Motor Vehicles, lay-off.
Jeff Dill, Police Officer, Department of Public Safety, Lawrence Township, suspension.
Tracy Gordon, Senior Correction Officer, Department of Corrections, Northern State Prison, suspension.
Wayne Robertson, Head Cottage Training Supervisor, Department of Human Services, Woodbine Developmental Center, (2) removals.
Ronald R. Taylor, Cottage Training Technician, Department of Human Services, Woodbine Developmental Center, indefinite suspension and (2) removals.
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:
David W. Spell, Claims Adjudicator II, Disability Determinations, Department of Labor, Disability Determinations, Return to former permanent title of Claims Adjudicator III, Disability Determinations at the end of Working Test Period.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of George Boyer City of Camden Demotion in Lieu of Layoff
In the Matter of Christopher Bray Police Department - Borough of Fair Lawn Indefinite Suspension
In the Matter of Yvonne Duncan North Jersey Developmental Center - Department of Human Services Removal
In the Matter of Wendell Huggins City of Irvington - Police Department Suspension
In the Matter of Nader Mardini Passaic County Board of Social Services Suspension
In the Matter of Fatima Noble. Passaic County Board of Social Services Removal
In the Matter of Julio Parrao Morris County Board of Social Services Suspension
In the Matter of Joseph Rogowski Bayside State Prison - Department of Corrections Removal
In the Matter of Meira Sagee Greystone Park Psychiatric Hospital Department of Human Services Resignation Not In Good Standing
In the Matter of Nick Sodano Department of Environmental Protection Dispute of Material Fact - Suggestion Award Committee
In the Matter of Cary Tate Department of Transportation Removal
In the Matter of Victor Wojtowicz City of Rahway Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements with the exception of Nader Mardini and Fatima Noble which were held over.
A-2 FRANCIS DEFAZIO
Francis DeFazio, Police Officer, City of Jersey City, fine of $1,816.96, on charges of discharging a firearm at a moving vehicle.
Recommendation of the Administrative Law Judge - Uphold the fine.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-3 URMILA GAUTAM
Appeal of Urmila Gautam, Library Assistant, Thomas Edison State College, concerning the removal of her name from the eligibility list for Library Assistant (S1677T).
Recommendation of the Administrative Law Judge - Restoration of appellant's name to the list of eligibles for employment as a Library Assistant (S1677T) in the New Jersey Library for the Blind and Handicapped.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-4 WANDA HUNT
Wanda Hunt, Human Services Assistant, North Princeton Developmental Center, Department of Human Services, suspension for 60 days, on charges of insubordination: disrespect of a supervisor; continued use of insulting, abusive, and obscene language to a supervisor; and creating a disturbance on State property.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-5 MICHAEL MAIORINO
Michael Maiorino, Institutional Trade Instructor (ITI), Vocational, Juvenile Justice Commission, Department of Law and Public Safety, suspension for six months, on charges of neglect of duty and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Modify to a three month suspension.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a six month suspension.
A-6 ROBERT SPILLANE
Robert Spillane, Campus Police Officer, Kean University, suspension for four months, on charges of incompetency, inefficiency or failure to perform duties and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-7 DOROTHY STEVENSON
Dorothy Stevenson, Clerk Typist, Highway Department - County of Burlington, suspension for ten days, on charges of incompetency, inefficiency or failure to perform duties, neglect of duty, and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-8 LAWRENCE THOMAS
Lawrence Thomas, Senior Correction Officer, Garden State Reception and Youth Correctional Facility, Department of Corrections, suspension for 30 days, on charges of incompetency, inefficiency or failure to perform duties and negligently contributing to an elopement or escape.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-9 DANIELLE LEWIS
Danielle Lewis, County Correction Officer, County Jail, Burlington County, removal effective October 29, 1997, on charges of being in violation of the Burlington County Jail Attendance Policy.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board directed that this matter be held over.
A-10 JORGE LOPEZ
Jorge Lopez, Senior Correction Officer, Riverfront State Prison, Department of Corrections, removal effective February 13, 1997, on charges of improper or unauthorized contact with an inmate, undue familiarity with inmates, parolees, their families or friends.
Recommendation of the Administrative Law Judge - Withdrawal of Appeal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-11 WILLIAM WARD
William Ward, Firefighter, Fire Department, City of Newark, removal effective December 13, 1996, on charges of being in violation of a Rule of the Newark Fire Department.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-12 MARGO MASCIANTONI - SETTLEMENT
Initial suspension for ten days, on charges of neglect of duty, loafing or willful failure to devote attention to tasks which could result in danger to persons or property. Settled to withdrawal of appeal. The Administrative Law Judge recommended that the settlement be acknowledged. The Board at its meeting of March 9, 1999, directed that this matter be held over for receipt of clarifying information.
ACTION: The Merit System Board acknowledged the settlement.
A-13 MARY GATHERS - SETTLEMENT
Initial removal effective May 2, 1997, on charges of conduct unbecoming a public employee. Settled to reinstatement to a division other than the Municipal Court. The Board at its meeting of March 9, 1999, directed that this matter be held over for receipt of a clarifying letter.
ACTION: The Merit System Board acknowledged the settlement.
SECTION B - MISCELLANEOUS MATTERS
B-1 SCOTT BRACKEN
Scott Bracken, represented by Anthony J. Den Uyl, Esq., appeals his rejection as a Police Officer candidate by the Borough of Wanaque 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 LUIS GALVEZ
Luis Galvez 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 this appeal be granted.
B-3 GEORGE HARRIS
George Harris appeals his rejection as a Fire Fighter candidate by the City of Camden 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-4 GEORGE HARRIS
George Harris appeals his rejection as a Police Officer candidate by the City of Camden and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-5 LINDA IWENOFU
Linda Iwenofu appeals her rejection as a County Correction Officer candidate by the County of Essex and its request to remove her 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-6 JOHN MCNEIL
John McNeil, represented by Brian Doherty, Esq., appeals his rejection as a Fire Fighter candidate by the City of Jersey City 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-7 CHARLES J. SHERIDAN
Charles J. Sheridan appeals his rejection as a Police Officer candidate by the Township of Millburn 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 the appellant be referred for an independent evaluation.
B-8 DAVID WIANECKI
David Wianecki, represented by Peter C. Polidoro, 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-9 GEORGETTE GOODALL
Georgette Goodall, represented by Stephen B. Hunter, Esq., and the County of Bergen, represented by Edwin C. Eastwood, Jr., Esq., petition the Merit System Board to acknowledge the settlement agreement between the parties relating to Ms. Goodall's removal from the eligible list for County Correction Sergeant, County of Bergen, due to psychological unfitness to perform effectively the duties of the position
ACTION: The Merit System Board acknowledged the settlement.
B-10 JOHN GRIFFIN
John Griffin, represented by Stephen B. Hunter, Esq., and the County of Bergen, represented by Edwin C. Eastwood, Jr., Esq., petition the Merit System Board to acknowledge the settlement agreement between the parties relating to Mr. Griffin's removal from the eligible list for County Correction Sergeant, County of Bergen, due to psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board acknowledged the settlement.
B-11 CHRISTOPHER JANIEC
Christopher Janiec, represented by Stephen B. Hunter, Esq., and the County of Bergen, represented by Edwin C. Eastwood, Jr., Esq., petition the Merit System Board to acknowledge the settlement agreement between the parties relating to Mr. Janiec's removal from the eligible list for Sheriff's Sergeant, County of Bergen, due to psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board acknowledged the settlement.
B-12 STEPHEN STEWART
Stephen Stewart, represented by Stephen B. Hunter, Esq., and the County of Bergen, represented by Edwin C. Eastwood, Jr., Esq., petition the Merit System Board to acknowledge the settlement agreement between the parties relating to Mr. Stewart's removal from the eligible list for County Correction Sergeant, County of Bergen, due to psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board acknowledged the settlement.
B-13 BERNADETTE CLARK
Bernadette Clark appeals her rejection as a Correction Officer Recruit candidate by the New Jersey Department of Corrections and its request to remove her name from the eligible list for Correction Officer Recruit on the basis of medical unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-14 GERRY DRACOPOULOS
Gerry Dracopoulos appeals his rejection as a Correction Officer Recruit candidate by the New Jersey Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit on the basis of medical unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be granted.
B-15 MICHAEL GIANNETTA
Michael Giannetta, represented by Pasquale F. Giannetta, Esq., appeals his rejection as a Fire Fighter candidate by the Township of Bloomfield and its request to remove his name from the eligible list for Fire Fighter on the basis of medical unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board granted a hearing.
B-16 NEIL HALEY
Neil Haley appeals his rejection as a Correction Officer Recruit candidate by the New Jersey Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit on the basis of medical unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-17 JASON E. LEE
Jason E. Lee appeals his rejection as a Correction Officer Recruit candidate by the New Jersey Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit on the basis of medical unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be granted.
B-18 DOREEN SKIDMORE
Doreen Skidmore appeals her rejection as a Correction Officer Recruit candidate by the New Jersey Department of Corrections and its request to remove her name from the eligible list for Correction Officer Recruit on the basis of medical unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-19 WANDA ALZATE
Wanda Alzate, a Family Service Specialist 3 with the Division of Youth and Family Services, 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-20 DAVID CRAWFORD
David Crawford, who was formerly employed as an Assistant District Parole Supervisor with the Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied. B-21 MARTHA PHILLIPS
Martha Phillips, a Family Service Specialist 3 with the Division of Youth and Family Services, 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-22 ELVIRA TOOLEN
Elvira Toolen, a Family Service Specialist 3 with the Division of Youth and Family Services, Department of Human Services, represented by Vikki U. Marshall-Thurston, CWA Local 1037, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board granted a hearing.
B-23 ROBERTA WOLF
Roberta Wolf, who was formerly employed as a Head Cottage Training Supervisor at 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 denied.
B-24 DAMIAN ALICEA
Damian Alicea, represented by Frankie Fontanez, Esq., appeals the decision of Human Resource Information Systems which found that Camden City had presented a sufficient basis to remove the appellant's name from the Police Officer (M1836M) eligible list.
ACTION: The Merit System Board directed that this appeal be denied.
B-25 HORACE BROUGHTON
Horace Broughton appeals the decision of the Office of Human Resources, Stockton State College, to remove his name from the eligible list for Graphic Artist I (S1766U).
ACTION: The Merit System Board directed that this appeal be denied.
B-26 MAYRA CAJIGAS
Mayra Cajigas appeals the decision of Human Resource Information Systems which found that the appointing authority had presented a sufficient basis to remove her name from the Police Officer (M3394X), City of Newark eligible list due to her failure to satisfy the City's residency requirement.
ACTION: The Merit System Board directed that this appeal be denied.
B-27 DAVIDSON OKERE Davidson Okere appeals the request of the Division of Youth and Family Services, Department of Human Services, to remove his name from the Family Service Specialist Trainee (S6024O) 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-28 JAMES O. TANSEY
James O. Tansey, represented by David B. Friedman, 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 Fire Fighter (M0761U), Township of Bloomfield eligible list.
ACTION: The Merit System Board directed that this appeal be denied.
B-29 DANIEL M. TOMASULO
Daniel M. Tomasulo 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 eligible list for Pensions Benefits Specialist 3 (S0187O), Department of the Treasury, based on his failure to meet the minimum qualifications for the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-30 RAYMOND WHILDEN
Raymond Whilden appeals the decision of the Certification/Placement Services Unit which found that the appointing authority had presented a sufficient basis to remove his name from the Correction Officer Recruit (S9998B) eligible list.
ACTION: The Merit System Board directed that this appeal be denied.
B-31 ANTHONY SHOUDT
Anthony Shoudt, a Senior Correction Officer at Mountainview Youth Correctional Facility, Department of Corrections, appeals Mountainview's decision to prohibit him from reading the New Jersey Statutes and Holland Consent Decree at work and bringing such materials into work and keeping them in his personal locker.
ACTION: The Merit System Board granted a hearing.
B-32 LEENORA SHOUDT
Leenora Shoudt, a Senior Correction Officer at Mountainview Youth Correctional Facility, Department of Corrections, appeals Mountainview's decision to prohibit her from reading the New Jersey Statutes and Holland Consent Decree at work and bringing such materials into work and keeping them in her personal locker, and its decision to reassign her to a different shift.
ACTION: The Merit System Board granted a hearing.
B-33 CHARLES CUTLER
Charles Cutler, a Construction Official with the Township of Allamuchy, represented by Michael L. Resnick, Esq., petitions the Merit System Board for a stay of his layoff, effective April 2, 1999.
ACTION: The Merit System Board denied the request for a stay.
B-34 VALERIE GILLISON
Valerie Gillison, a Parking Violations Officer with the Millburn Township Police Department, petitions the Merit System Board for interim relief.
ACTION: The Merit System Board denied the request.
B-35 ANTHONY SHOUDT
Anthony Shoudt, a Senior Correction Officer at Mountainview Youth Correctional Facility, Department of Corrections, petitions the Merit System Board for interim relief.
ACTION: The Merit System Board denied the request.
B-36 LEENORA SHOUDT
Leenora Shoudt, a Senior Correction Officer at Mountainview Youth Correctional Facility, Department of Corrections, petitions the Merit System Board for interim relief.
ACTION: The Merit System Board denied the request.
B-37 LARRY WASHINGTON
Larry Washington, a Police Officer with the City of Passaic, represented by Anthony J. Pope, Esq., petitions the Merit System Board for interim relief in regard to his removal on charges.
ACTION: The Merit System Board denied the request.
B-38 RUBY ROBINSON KYER
The Superior Court, Appellate Division, has transmitted the case of Ruby Robinson Kyer v. City of East Orange, 315 N.J. Super. 524 (App. Div. 1998), to the Merit System Board to implement an appropriate remedy based on its decision in the matter.
ACTION: The Merit System Board directed that the appellant is not entitled to any remedy under Merit System laws or rules
B-39 APRIL LEWIS
April Lewis, a former Senior Correction Officer with the Adult Diagnostic and Treatment Center, Department of Corrections, represented by A.J. Fusco, Jr., Esq., petitions the Merit System Board for a review of her employment status.
ACTION: The Merit System Board directed that the appellant's job status be recorded as a resignation to effectuate her forfeiture.
B-40 JOHN SCHLECKMAN
The City of Linden, represented by Mitchell L. Dorf, Esq., petitions the Merit System Board to reconsider the decision to grant a hearing to John Schleckman, a Truck Driver with the Department of Public Works, City of Linden, for a three-day suspension on charges.
ACTION: The Merit System Board granted the request for reconsideration and recinded the hearing granted to the appellant for a three day suspension.
B-41 RECARDO DORSEY AND WARREN SLOAN
Recardo Dorsey and Warren Sloan, both Supervisors, Sanitation with the Department of Public Works, City of Atlantic City, appeal their resignations in good standing effective January 20, 1999.
ACTION: The Merit System Board directed that this appeal be denied.
B-42 STEPHANIE BURT
The appeal of Stephanie Burt, a Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, from a resignation not in good standing, effective October 13, 1997, was heard by Administrative Law Judge Steven C. Reback who rendered his initial decision on February 16, 1999, modifying the penalty to a resignation in good standing. The Merit System Board, at its meeting on April 8, 1999, 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-43 COLLEEN CARROLL
The appeal of Colleen Carroll, County Correction Officer, Monmouth County Sheriff's Department, of her resignation not in good standing, effective February 24, 1997, was heard by Administrative Law Judge Bernard Goldberg (ALJ), who rendered his initial decision on February 18, 1999. The Merit System Board, at its meeting on April 8, 1999, adopted the ALJ's recommendation to vacate 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.
A motion was made and seconded that the open session be recessed and that, pursuant to Section 12(b) of the Open Public Meetings Act, the Merit System Board enter into Executive Session to discuss matters falling within the attorney/client privilege. The Board subsequently reconvened the public meeting.
B-44 ASUTOSH CHAKRABARTI
The appeal of Asutosh Chakrabarti, Chief Actuary, Department of Banking and Insurance, concerning his layoff for reasons of economy, was heard by Administrative Law Judge Jeff S. Masin (ALJ), who rendered his initial decision on remand from the Merit System Board (Board) dismissing the appeal. At its meeting on February 10, 1998, the Board accepted the ALJ's recommendation. Thereafter, the appellant filed an appeal in the Appellate Division, Superior Court. The Appellate Division has remanded the matter to the Board.
ACTION: The Merit System Board directed that this matter be held over for review of a redrafted decision.
B-45 WILLIAM G. FREDERICK, JR.
The appeal of William G. Frederick, Jr., Cottage Training Technician at New Lisbon Developmental Center, Department of Human Services, of his removal, effective April 26, 1996, on charges, was heard by Administrative Law Judge Anthony T. Bruno (ALJ), who rendered his initial decision on December 18, 1998. The Merit System Board, at its meeting on April 8, 1999, adopted the recommendation to uphold the removal. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-46 BEVERLY KEARNEY
The appeal of Beverly Kearney, a Security Guard for the Newark School District, of her indefinite suspension effective October 30, 1996, was heard by Administrative Law Judge Richard McGill (ALJ), who rendered his initial decision on February 19, 1999, reversing the suspension. At its meeting on April 8, 1999, the Board affirmed the ALJ's initial decision but ordered that the appellant be considered as suspended without pay, effective February 2, 1999, pending the disposition of the criminal indictment against her. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-47 LORETTA SCHMID AND THERESA POLLANGER, PRINCIPAL DOCKET CLERK, TYPING (C0033O), GLOUCESTER COUNTY
Gloucester County petitions the Merit System Board to relax the provisions of N.J.A.C. 4A:4-2.1(e) to accept the applications of Theresa Pollanger and Loretta Schmid after the announced filing date.
ACTION: The Merit System Board granted the request and directed that the appellants be administered a make-up examination.
B-48 ROBERT L. DAVIS, JR.
The Juvenile Justice Commission, represented by Deputy Attorney General John P. Nuttall, and Robert L. Davis, Jr., represented by James F. Fine, Esq., request that the Merit System Board acknowledge the settlement agreement which provides for the resolution of all disputes arising from the Juvenile Justice Commission's rescission of its offer of employment to appellant as a Correction Officer Recruit based on a failed urinalysis test.
ACTION: The Merit System Board acknowledged the settlement.
B-49 CYNTHIA ARMSTRONG
Cynthia Armstrong, represented by Kathleen A. Mazzouccolo, Esq., requests back pay, benefits and interest based on the action of Bergen Pines County Hospital, Bergen County in wrongfully suspending her for the period from April 1, 1996, until April 14, 1997, from her position as Hospital Attendant.
ACTION: The Merit System Board denied the request for back pay, but ordered the Appointing Authority to compensate the appellant for 15 days and ten hours vacation time.
B-50 LEAD POISONING INSPECTOR (M4195S), JERSEY CITY
The appointing authority requests permission not to make an appointment from the certification for Lead Poisoning Inspector (M4195S), Jersey City.
ACTION: The Merit System Board denied the request, ordered an appointment and assessed compliance costs.
B-51 EQUIPMENT OPERATOR (PC0033W), PASSAIC COUNTY
The appointing authority's failure to properly dispose of the certification for Equipment Operator while a provisional appointee is serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the Appointing Authority to remove the provisional employee, make an appointment from the certification and pay compliance costs.
B-52 LABORER (SPECIAL REEMPLOYMENT LIST), TOWN OF WEST NEW YORK
The appointing authority's failure to properly dispose of the certification for Laborer while a provisional appointee is serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the Appointing Authority to remove the provisional employee, make an appointment from the certification and pay compliance costs.
B-53 ELENA M. BELL
Elena M. Bell appeals the determination of the Division of Selection Services, which denied her eligibility for admittance to the promotional examination for Senior Data Entry Machine Operator (PM4283V), Pennsauken Township.
ACTION: The Merit System Board directed that this appeal be granted.
B-54 JOHN W. EGELSEN
John W. Egelsen appeals the determination of the Division of Human Resource Management which found that he was ineligible for the promotional examination for Chief Operating Engineer 2 (PS4081I), Bayside State Prison.
ACTION: The Merit System Board directed that this appeal be denied.
B-55 DANIEL J. FRIZELL AND FRANK J. HULL
Daniel J. Frizell and Frank J. Hull appeal the determination of the Division of Human Resource Management which found that they were ineligible for the promotional examination for Equipment Operator (PC0570W), Monmouth County Highway Department.
ACTION: The Merit System Board directed that this appeal be denied.
B-56 LINDA R. GAINES
Linda R. Gaines appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Housing Manager (PM4208V), Camden Housing Authority.
ACTION: The Merit System Board directed that this appeal be denied.
B-57 HENRY GILL
Henry Gill appeals the decision of the Division of Selection Services which found that appellant did not meet the education and experience requirements for the open competitive examination for Surveyor, Physical Plant/Life Safety (S6127O).
ACTION: The Merit System Board directed that this appeal be denied.
B-58 BETTYJANE A. HOLMES
BettyJane A. Holmes appeals the decision of the Division of Selection Services which found that appellant did not meet the education and experience requirements for the open competitive examination for Business Manager (M6500W), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-59 RICHARD P. KOBA
Richard P. Koba appeals the determination of the Division of Selection Services which found that he was ineligible for the promotional examination for Mechanic (PM0255W), Montville Engineering Department.
ACTION: The Merit System Board directed that this appeal be denied.
B-60 THOMAS D. BRENNAN
Thomas D. Brennan appeals his seniority score on the promotional examination for Deputy Police Chief (PM0924W), Newark Police Department.
ACTION: The Merit System Board directed that this appeal be denied.
B-61 JOHN A. HOWELL, III
John A. Howell, III appeals the determination of the Division of Selection Services that he failed the examination for Assistant Crew Supervisor, Sign Shop (PS3395T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be granted in part.
B-62 MARIE T. ROSENBERG
Marie T. Rosenberg appeals her ranking for the promotional examination for Supervising Program Development Specialist (Mental Health Services) (PS5993K), Trenton Psychiatric Hospital.
ACTION: The Merit System Board directed that this appeal be granted.
B-63 MARIA COLON
Maria Colon appeals the decision of the Division of Selection Services which found that she lacked the required amount of permanent status as of the closing date for the promotional examination for Senior Library Assistant (PC0117W), Ocean County Library.
ACTION: The Merit System Board directed that this appeal be denied.
B-64 JACQUELINE JOHNSON
Jacqueline Johnson appeals the determination of the Division of Selection Services that she did not meet the experience requirement for the promotional examination for Technical Assistant 2 Treasury (PS6033U).
ACTION: The Merit System Board directed that this appeal be granted.
B-65 SUZANNE LOVETT
The appointing authority, on behalf of Suzanne Lovett, petitions the Merit System Board for reconsideration of its decision rendered on September 29, 1998, in which Ms. Lovett's request for admittance to the examination for Technical Assistant 2 Treasury (PS6033U), Department of the Treasury, was denied.
ACTION: The Merit System Board directed that this appeal be granted.
B-66 TONI THAON
Toni Thaon appeals the determination of the Division of Human Resource Information Services, which removed her name from the special reemployment list for Senior Clerk Typist, Department of Human Services.
ACTION: The Merit System Board directed that this appeal be granted in part.
B-67 ARTHUR HUGHES
Arthur Hughes appeals the determination of the Department of Environmental Protection to deny him a paid military leave.
ACTION: The Merit System Board directed that this appeal be granted.
B-68 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of April 20, 1999, are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of April 20, 1999.
B-69 FLORENCE ALEXANDER
The appeal of Florence Alexander, Boiler Operator, County of Camden, of her removal effective January 2, 1997 on charges, was heard by Administrative Law Judge Robert W. Scott (ALJ), who rendered his initial decision on March 9, 1999. The Merit System Board, at its meeting on April 20, 1999, accepted and adopted the ALJ's recommendation to modify the removal to a resignation 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-70 MICHAEL FERRANTE
The appeal of Michael Ferrante, Environmental Health Specialist, Burlington County Department of Health, concerning his removal effective December 3, 1997 on charges, was heard by Administrative Law Judge Robert S. Miller (ALJ), who rendered his initial decision on March 17, 1999. The Merit System Board, at its meeting on April 20, 1999, did not accept the ALJ's recommendation to modify the removal to a 120-day suspension. Rather, the Board upheld the removal. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-71 JOSEPH HACKMAN
The appeal of Joseph Hackman, a Senior Correction Officer at the Garden State Reception and Youth Correctional Facility, Department of Corrections, regarding a 30-day suspension, on charges, was heard by Administrative Law Judge (ALJ) Kathryn A. Clark, who rendered her initial decision on March 10, 1999 modifying the 30-day suspension to an official reprimand. At its meeting on April 20, 1999, the Board affirmed the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-72 KEVIN HALL
The appeal of Kevin Hall, Police Officer, City of Camden, concerning his removal effective January 2, 1996 on charges, was heard by Administrative Law Judge (ALJ) Kathryn A. Clark, who rendered her initial decision on February 5, 1999. The Merit System Board, at its meeting on April 20, 1999, did not accept the ALJ's recommendation that the penalty of removal be vacated. Rather, the Board concludes that the appropriate penalty is a 15-day suspension. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-73 STEVEN MATTHEWS
The appeal of Steven Matthews, Senior Correction Officer, Albert C. Wagner Youth Correctional Facility, Department of Corrections, concerning his removal effective May 6, 1998, on charges was heard by Administrative Law Judge Solomon A. Metzger (ALJ), who rendered his initial decision on March 18, 1999. The Merit System Board, at its meeting on April 20, 1999, adopted the recommendation of the ALJ to reverse the removal. The proposed final decision in this matter is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-74 ERIC MONTIQUE
The appeal of Eric Montique, a Senior Correction Officer at the Adult Diagnostic and Treatment Center, Department of Corrections, regarding his indefinite suspension and removal, on charges, was heard by Administrative Law Judge (ALJ) Kathryn A. Clark, who rendered her initial decision on March 5, 1999 upholding both the suspension and removal and also finding that the appellant had forfeited his position pursuant to N.J.S.A. 2C:51-2a(2). At its meeting on April 20, 1999, the Board affirmed the ALJ's recommendation to uphold the suspension and removal, but concluded that the appellant had not forfeited his position. The proposed final decision in this matter is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-75 EARLY SETTLEMENTS
Steven Bruccoleri Department of the Treasury Release at the End of Working Test Period
Elizabeth Gregson Department of Human Services 10 day suspension
Dawn Kinslow New Lisbon Developmental Center Department of Human Services Resignation not in good standing
Socorro Ortiz Woodbine Developmental Center Department of Human Services Removal
ACTION: The Merit System Board acknowledged the settlements.
B-76 RESOLUTION FOR BOARD MEMBER DR. JULIUS J. MASTRO
The resolution for former Board Member Julius J. Mastro, is being submitted for adoption.
ACTION: The Merit System Board adopted the resolution.
There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, May 18, 1999, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
_______________________________ JANICE MITCHELL MINTZ CHAIRWOMAN MERIT SYSTEM BOARD |
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© State of New Jersey Civil Service Commission |
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