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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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