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Meeting Minutes of June 8, 1999
A regular meeting of the Merit System Board was held on Tuesday, June 8, 1999, in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz; Merit System Board Members, Margaret E.L. Howard and Judith L. Shaw, Andrea Grundfest, 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 20, 1999
TO: Janice Mitchell Mintz, Commissioner Department of Personnel
Henry S. Maurer, Director Merit System Practices and Labor Relations
FROM: Marjorie A. Schwartz, Director Division of Human Resources Management
SUBJECT: Change in the Classification Plan Addition of Workweek -Interim, Non-Competitive Titles
GENERAL
Recently the Merit System Board approved the creation of two new information resources management titles. These titles were created to properly classify those incumbents working with multi-network, multi-user Local Area, Metropolitan Area and/or Wide Area Networks. Specifically, they were intended to address existing classification discrepancies and recruitment problems, and to keep pace with new and changing office technology. To facilitate this transition, these titles were initially assigned to the interim, Non-Competitive service for a Awindow@ period of 120 days, to allow for the painless and rapid movement and recruitment of incumbents. Subsequently, the titles were reassigned to the Competitive service.
Initially we requested the NL workweek designation. We now find it necessary to seek the establishment of these titles with an N4 workweek, to meet the needs of all user Appointing Authorities. We again request that these be assigned to the interim, Non-Competitive service for a 120 day window period, to facilitate recruitment and movement activities.
ADDITION OF WORKWEEK Effective: 03/28/98
Network Administrator 2 P30 NC N412
Network Administrator 1 P27 NC N412
DATE: April 22, 1999
TO: Janice Mitchell Mintz, Commissioner Department of Personnel
Henry Maurer, Director Merit System Practices and Labor Relations
FROM: Marjorie Schwartz, Director Division of Human Resource Management
SUBJECT: Change in the State Classification Plan
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
The Department of Military and Veterans' Affairs requests the reactivation and simultaneous change in title verbiage of the title, Commander, Air National Guard (M98-34378) to Assistant Adjutant General, Air (M98-34378) for use in the New Jersey National Guard. Governor Whitman has delegated primary responsibility to the New Jersey National Guard for the development and implementation of a program to safeguard against domestic use of weapons of mass destruction on American citizens and property. The Assistant Adjutant General, Air will be utilized to meet this responsibility.
I recommend your approval of this request.
REACTIVATION OF TITLE AND TITLE CHANGE Eff. April 24, 1999
From:
Commander, Air National Guard (M98-34378) Unclassified NL12
To:
Assistant Adjutant General, Air (M98-34378) Unclassified NL12
DATE: April 21, 1999
TO: Janice Mitchell Mintz, Commissioner Department of Personnel
Henry Maurer, Director Merit System Practices and Labor Relations
FROM: Marjorie A. Schwartz, Director Division of Human Resource Management
SUBJECT: Change in the Classification Plan
DEPARTMENT OF HUMAN SERVICES
In order to address recruitment issues, the Department of Human Services requests the establishment of a new title, Police Officer Recruit, Health Care Facilities. This title would require a 12-month working test period. Upon completion of both the 12-month working test period and an approved police training course, recruits would advance to Senior Police Officer, Health Care Facilities. The title Senior Police Officer, Health Care Facilities represents a proposed title name change from the current Police Officer, Health Care Facilities, and involves an increase in requirements (one year of experience). The increased requirements causes the evaluated job content to increase sufficiently to warrant a change in the class code for this title. A concomitant increase in the accountability of the Police Sergeant, Health Care Facility functions warrants an increase in the class code of this title. An increase in the required years of supervisory experience for the Police Lieutenant, Health Care Facilities has caused the evaluated job content of this title to change such that an increase in the class code is warranted.
CREATION OF TITLE Effective: July 3, 1999
Police Officer Recruit, Health Care Facilities
F99 C 40hrs
REEVALUATION OF TITLE AND TITLE NAME CHANGE Effective: July 3, 1999
FROM: TO: Police Officer, Health Care Facilities Senior Police Officer, Health Care Facilities F16-32332 C 40 hrs F17-32332 C 40hrs
REEVALUATION OF TITLE Effective: July 3, 1999
FROM: TO: Police Sergeant, Health Care Facilities Police Sergeant Health Care Facilities K19-32334 C 40hrs K20-32334 C 40hrs
FROM: TO: Police Lieutenant, Health Care Facilities Police Lieutenant, Health Care Facilities J23-32254 C 40hrs J24-32254 C 40hrs
DATE: May 4, 1999
To: Janice M. Mintz, Commissioner
Henry Maurer, Director Merit Systems and Labor Practices
FROM: Marjorie Schwartz, Director Division of Human Resource Management
SUBJECT: Change in the State Classification Plan
DEPARTMENT OF HUMAN SERVICES
The Department of Human Services, Office of the Commissioner, has requested Position #924703 be reallocated from the Career Service to the Senior Executive Service.
Position #924703 reports to the Assistant Commissioner for Budget and Finance and is responsible for the review, analysis, policies, and funding relative to federal and other reimbursements associated with the provision of services to clients in the many programs administered by the Department. A review of the assigned job functions has been conducted and the position meets the standards established for inclusion in the Senior Executive Service.
Reallocation of Service Effective date: May 22, 1999
From: TO: Director of Finance, Human Services Senior Executive Service M37- 50515 Position Number 924703 M98-90752
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Anthony Bimbo, Maintenance Repairer, Department of Public Works, City of Jersey City, removal.
Kimberly Duffy, Laundry Worker, Crest Haven, County of Cape May, suspension.
Darren Grossman, Police Officer, Police Department, City of East Orange, removal.
Fred Lazzarra, Stable Worker, Operational Services, Union County, removal.
Vernon Lee, Cottage Training Technician, Department of Human Services, Vineland Developmental Center, removal.
Juan Rodriguez, Food Service Worker, Runnells Hospital, Union County, removal.
Harry T. Watkins, Sr. Senior Parole Officer, Department of Corrections, Parole and Community Programs, (2) removals and resignation not in good standing
Terry Wilkins, Supervising Juvenile Detention Officer, Department of Corrections, County of Hudson, demotion to the title of Juvenile Detention Officer.
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:
Harrie D. Lowe, Building Maintenance Worker, Bergen Pines Hospital, County of Bergen, Indefinite Suspension.
Nancy Novellino, Public Health Nurse, Board of Health, Ocean County, layoff.
Brent Stecker, Senior Building Maintenance Worker, Department of Human Services, Hunterdon Developmental Center, removal.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Michael Carter Willingboro Township Municipal Utilities Authority Removal
In the Matter of Olivia Carter Camden County Municipal Utilities Authority Removal
In the Matter of George Days East Orange Police Department Suspension
In the Matter of Angela Haines Atlantic County Removal
In the Matter of Lisa Linardo Township of Winslow Removal
In the Matter of Kevin Schneider Southern State Correctional Facility - Department of Corrections Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements.
A-2 SONYA BOONE
Sonya Boone, Principal Clerk Typist, Division of Parole and Community Programs, Department of Corrections, suspension for six days, on charges of insubordination.
Recommendation of the Administrative Law Judge - Modify the six day suspension to a two day suspension.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a five day suspension.
A-3 KYLE BOWMAN
Kyle Bowman, Police Officer, City of Newark, suspension for 10 days, on charges of neglect of duty.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-4 MICHAEL FRISCH
Michael Frisch, Electrical Sub-Code Official, City of Plainfield, good faith layoff effective December 31, 1996.
Recommendation of the Administrative Law Judge - Uphold the layoff.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-5 JOSEPH VITERITTO
Joseph Viteritto, Assistant Engineer in Charge of Maintenance I, Northern State Prison, Department of Corrections, (1) suspension for 60 days, and (2) removal effective March 5, 1997, on charges of (1) conduct unbecoming an employee, discourtesy to public, visitors, inmates, residents or clients and being in violation of a rule, regulation, policy, procedure, order or administrative decision, and (2) falsification: intentional misstatement of fact in connection with work, employment application, attendance, or in any record, report, investigation or other proceeding and conduct unbecoming an employee.
Recommendation of the Administrative Law Judge - Uphold the removal. It is noted that the record indicates that the respondent withdrew the matter of the 60 day suspension before the Office of Administrative Law due to the unavailability of witnesses, and appellant did not serve time.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-6 WILLIAM CARROLL
William Carroll, Sheriff's Officer, Morris County, removal effective December 17, 1997, on charges of conduct unbecoming a public employee, insubordination and conduct prejudicial to the efficiency of the good name and reputation of the office.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board directed that this matter be held over.
A-7 JEFFREY FELDMAN
Jeffrey Feldman, Safety Specialist I, Department of Transportation, removal effective April 11, 1997, on charges of possession of stolen State property.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-8 ARNOLD JOHNSON
Arnold Johnson, Human Services Assistant, Greystone Park Psychiatric Hospital, Department of Human Services, removal effective February 10, 1998, on charges of sleeping on duty.
Recommendation of the Administrative Law Judge - Modify the removal to a six month suspension.
ACTION: The Merit System Board modified the Administrative Law Judge's recommendation to uphold the removal.
A-9 EUGENIA JONES
Eugenia Jones, Cottage Training Technician, Woodbine Developmental Center, Department of Human Services, removal and indefinite suspension pending the disposition of a criminal complaint, on charges of conduct unbecoming a public employee. Based on the disposition of the criminal complaint the appointing authority rescinded the indefinite suspension and reimbursed the appellant back pay from the date of her removal to her return to work.
Recommendation of the Administrative Law Judge - Dismiss the matter.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-10 RONALD LEONARD
Ronald Leonard, Senior Correction Officer, Mid State Correctional Facility, removal effective April 2, 1997, on charges of insubordination: intentional disobedience or refusal to accept an order, assaulting or resisting authority, disrespect or use of insulting or abusive language to a supervisor.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-11 ULISES MCLEAN
Ulises McLean, Human Services Technician, Trenton Psychiatric Hospital, Department of Human Services, removal effective November 15, 1996, on charges of sexual harassment: gross sexual imposition involving touching, fondling and grabbing.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-12 ASA L. PHILLIPS
Asa L. Phillips, Correction Officer, Correction Center, Mercer County, removal effective November 8, 1996, on charges of being in violation of the sick leave verification policy and in violation of the settlement agreement.
Recommendation of the Administrative Law Judge - Modify the removal to a three day suspension.
ACTION: The Merit System Board modified the Administrative Law Judge's recommendation to reverse the removal.
A-13 CHRISTINE REED
Christine Reed, Senior Correction Officer, Mid-State Correctional Facility, Department of Corrections, reconsideration of removal effective March 27, 1996, on charges of insubordination.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-14 MICHAEL SMITH
Michael Smith, Human Services Technician, Trenton Psychiatric Hospital, Department of Human Services, removal effective January 22, 1998, on charges of physical abuse of a patient.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board directed that this matter be held over.
A-15 BRIAN WHITTLE
Brian Whittle, Firefighter, City of East Orange, removal effective February 10, 1998, on charges of being in violation of the Sick Leave Policy, the Drug and Alcohol Policy and conduct unbecoming a member of the department.
Recommendation of the Administrative Law Judge - Modify the removal to a five day suspension.
ACTION: The Merit System Board modified the Administrative Law Judge's recommendation to a six month suspension.
A-16 JOSEPH ZENNA
Joseph Zenna, Sheriff's Officer, Ocean County Sheriff's Office, removal effective December 6, 1996, on charges of insubordination; conduct unbecoming a public employee; neglect of duty; discrimination that effects Equal Employment Opportunity, including sexual harassment, familiarization, failure to obey regulations; conduct toward associates; handling a firearm in violation of policy; unauthorized removal of a firearm from its holster; impartial attitude in dealing with the public and/or prisoners; and violating standards of truthfulness.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-17 THOMAS GRILL AND JAMES WALSH
Thomas Grill, Police Captain, Police Department, City of Newark, suspended indefinitely beginning July 5, 1996, pending disposition of criminal charges, and removal effective May 28, 1997, on charges of conspiracy, official misconduct, theft by deception and theft by extortion, and James Walsh, Police Lieutenant, Police Department, City of Newark, suspended indefinitely beginning July 5, 1996, pending disposition of criminal charges, and removal effective May 22, 1997 on charges of conspiracy, official misconduct, theft by deception and theft by extortion. Specifically, the appointing authority asserted that the appellants, Thomas Grill and James Walsh, were charged with entering into an agreement with the Pabst Brewing Company allowing them to provide off-duty Police personnel for security at the firm's Newark location. The Merit System Board at its meeting of March 9, 1999, modified the recommendation of the ALJ and reduced the remand to a six month suspension. This matter is now before the Board for reconsideration.
ACTION: The Merit System Board granted the reconsideration request and imposed a five day suspension on James Walsh and reversed the discipline imposed on Thomas Grill.
A-18 EDWARD O'NEIL
Edward O'Neil, Equipment Operator, Department of Public Works - Borough of Highlands, removal effective October 17, 1997, on charges of gross insubordination and conduct unbecoming a public employee. The Merit System Board at its meeting of May 18, 1999 directed that this matter be held over for further information.
Recommendation of the Administrative Law Judge - Modify the removal to a ninety day suspension.
ACTION: The Merit System Board modified the Administrative Law Judge's recommendation to uphold the removal.
A-19 ISIAH SCOTT, JR.
Isiah Scott, Human Services Assistant, Trenton Psychiatric Hospital, Department of Human Services, removal effective April 7, 1997, on charges of neglect of duty which could result in danger to persons, and sleeping while on duty. The Merit System Board at its meeting of May 18, 1999, directed that this matter be held over for further information.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-20 EDWARD WISE
Edward Wise, Code Enforcement Officer, Administration Department - Atlantic City, removal effective January 18, 1994, on charges of incompetency, inefficiency or failure to perform duties, insubordination and conduct unbecoming a public employee. The Merit System Board at its meeting of April 6, 1999 directed that this matter be held over to request more information concerning the hearing record before the Office of Administrative Law (OAL).
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board directed that this matter be held over.
A-21 STEVEN BECK, DENIELLE BRATTEN, DONALD BROOKS, BRENDA CAMP, TRACIE CAMPBELL, ALAN CHRISTIE, LEEANNE CHRISTIE, THOMAS CONRAD, EDWARD DOUGHERTY, WILLIAM EPPEHIMER, DEBORAH HART, KEVIN HART, ANTHONY KAPURELOS, CAROL KAPURELOS, GLORIA LUZNY, ROBERT LUZNY, FRANCIS MCDERMOTT, COLLEEN MURRAY, DIANE NEVILLE AND ROBERT NEWKIRK - SETTLEMENTS
The Merit System Board at its meeting of May 18, 1999, directed that this matter be held over in order that the terms of the settlement could be reviewed. The matter is now before the Board for its consideration.
Recommendation of the Administrative Law Judge - Acknowledge the settlement.
ACTION: The Merit System Board remanded the matters of Carol Kapurelos, Colleen Murray and Kevin Hart to the Office of Administrative Law and acknowledged the settlement agreements for the remaining appellants.
A-22 MARY LACAVA - SETTLEMENT
Mary LaCava, Albert C. Wagner Youth Correctional Facility, Department of Corrections - initial removal effective February 2, 1998, on charges of conduct unbecoming an employee. Settled to a resignation in good standing.
Recommendation of the Administrative Law Judge - Settlement
ACTION: The Merit System Board acknowledged the settlement.
A-23 DENNIS SIEGEL - SETTLEMENT
Dennis Siegel, New Lisbon Developmental Center, Department of Human Services - initial removal effective November 17, 1997, on charges of inappropriate physical contact and mistreatment of a client, resident or employee, verbal abuse of a client, resident or employee and violation of a rule, regulation, policy, procedure, order or administrative decision. Settled to appellant accepting an official reprimand and reinstatement to employment.
Recommendation of the Administrative Law Judge - Settlement
ACTION: The Merit System Board acknowledged the settlement.
A-24 JOHN STROUSE AND SEBASTIAN J. VISCUSO
John Strouse and Sebastian J. Visucso, Town of Kearny, Fire Department - initial layoff effective July 1, 1996, for reasons of economy. Settled to a lump sum payment in the amount of $155,000 to be paid to Sebastian J. Viscuso, and settled to reinstatement to employment for John Strouse and back pay in the amount of $9,133.89. The Merit System Board at its meeting of May 18, 1999 directed that this matter be held over for receipt of additional information clarifying the terms of the settlement.
Recommendation of the Administrative Law Judge - Settlement
ACTION: The Merit System Board acknowledged the settlement.
SECTION B - MISCELLANEOUS MATTERS
B-1 BRIAN BURNS
Brian Burns, represented by Charles J. Coant, 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-2 MICHAEL S. KILLEEN
Michael S. Killeen appeals his rejection as a Police Officer candidate by the Township of Holmdel and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-3 JESUS MALDONADO
Jesus Maldonado, represented by Fernando Linhares, Esq., appeals his rejection as a Police Officer candidate by the City of Newark and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-4 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 this appeal be denied.
B-5 ALEX POWERS
Alex Powers, represented by George G. Frino, Esq., appeals his rejection as a County Correction Officer candidate by the County of Sussex and its request to remove his name from the eligible list for County Correction Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-6 NOEL SANTIAGO
Noel Santiago, represented by Paul W. Bergrin, Esq., appeals his rejection as a County Correction Officer candidate by the County of Essex and its request to remove his name from the eligible list for County Correction Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-7 MARK SMITH
Mark Smith 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-8 JAY STRAUB
Jay Straub, represented by John C. Kennedy, Esq., appeals his rejection as a Sheriff's Officer candidate by the County of Hudson and its request to remove his name from the Sheriff's Officer eligible list 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 EDWIN TORRES
Edwin Torres 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-10 BRIAN H. MCLAUGHLIN
Brian H. McLaughlin appeals the request by Middlesex County to remove his name from the County Correction Officer (C6342Z) eligible list for medical unfitness to effectively perform the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-11 SIMON BARENDS
Simon Barends, a Supervising Institutional Trade Instructor (Woodworking) with Mountainview Youth Correctional Facility, Department of Corrections, represented by Gary Staples, CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-12 VINCENT BELLO, JR.
Vincent Bello, Jr., a Senior Correction Officer with the Department of Corrections, represented by Emanuel Nso, Executive Vice President No. 1, PBA Local 105, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-13 SYLVESTER BROWN
Sylvester Brown, a Senior Correction Officer with East Jersey State Prison, Department of Corrections, represented by John McGovern, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-14 VERA CHRISTOPHER
Vera Christopher, an Institutional Trade Instructor (Cooking) with Riverfront State Prison, Department of Corrections (DOC), appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-15 TRACEY FIELDS
Tracey Fields, a Parole Counselor with the New Jersey State Parole Board, represented by Edward C. Bertucio, Jr., Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-16 HOWARD FOLBRECHT
Howard Folbrecht, an Equipment Operator with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted in part.
B-17 DEBORAH FREW-TIMKO
Deborah Frew-Timko, a Habilitation Plan Coordinator with Vineland 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-18 BARBARA FLANAGAN
Barbara Flanagan, a Head Nurse, 12 Months, with Woodbridge Developmental Center, Department of Human Services, represented by Benjamin Spivak, Senior Staff Representative, CWA Local 1040, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-19 OWEN HINDS
Owen Hinds, a Repairer with Woodbridge Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-20 MARY JOSEPH
Mary Joseph, a Cottage Training Technician with Woodbridge Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-21 JOANNE KARANICOLA
Joanne Karanicola, 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 matter be held over.
B-22 BRIAN LANGDON
Brian Langdon, a Correction Sergeant with Southern State Correctional Facility, Department of Corrections, represented by Henry Kowalski, III, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B23 SONYA MCLAWHORN
Sonya McLawhorn, a Word Processing Specialist 2 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-24 AUGUSTINE MERCURIO
Augustine Mercurio, a Clerk Driver with the Division of Youth and Family Services, Department of Human Services, represented by Colleen B. Reilly, CWA Local 1038, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board granted a hearing.
B-25 ALBA MONTES DE OCA
Alba Montes de Oca, a Senior Clerk Stenographer, Bilingual in Spanish and English, with Kean College of New Jersey, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-26 MARY ELLEN SCOTT
Mary Ellen Scott, a Human Services Assistant with the New Jersey Veterans' Memorial Home at Vineland, Department of Military & Veterans' Affairs, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-27 CURTIS COHEN
The Department of Corrections (DOC), represented by Jennifer Meyer-Mahoney, Deputy Attorney General, requests reconsideration of the decision of the Merit System Board, In the Matter of Curtis Cohen (MSB, decided February 9, 1999). Additionally, DOC requests a stay of the decision pending the outcome of its request for reconsideration. Further, appellant, represented by Robert A. Fagella, Esq., requests enforcement of the subject decision.
ACTION: The Merit System Board directed that this matter be held over.
B-28 DIANE MURPHY
Diane Murphy, represented by Michael J. Herbert, Esq., petitions the Merit System Board for reconsideration of that portion of its final decision, rendered on January 12, 1999, which denied counsel fees.
ACTION: The Merit System Board granted the request for reconsideration and counsel fees equal to 75% of services be awarded.
B-29 SUSAN DIPIETRO
Susan DiPietro, a Communications Operator at Mountainview Youth Correctional Facility, Department of Corrections, appeals the decision of the Director, Equal Employment Division, DOC, which found that the appellant failed to present sufficient evidence to support a finding of probable cause that she was a victim of sexual harassment.
ACTION: The Merit System Board directed that this appeal be denied.
B-30 TERRY SCOTT
Terry Scott, a County Correction Officer with Atlantic County, represented by Louis M. Barbone, Esq., petitions the Merit System Board for a hearing in regard to his 90-day suspension, on charges.
ACTION: The Merit System Board denied the request for a hearing.
B-31 JOHN FIEDOROWICZ
John Fiedorowicz 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 (M4304X), City of Bayonne eligible list.
ACTION: The Merit System Board directed that this matter be held over.
B-32 SADHANA SHAH
Sadhana Shah appeals the request of the Hudson County appointing authority to remove her name from the Income Maintenance Technician (C6412T) 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 directed that this appeal be denied.
B-33 JOHN LAWRENCE
John Lawrence, a Cook at Vineland Developmental Center, Department of Human Services, represented by Stephan Siegel, Esq., requests enforcement of that part of the Merit System Board decision rendered on April 30, 1996, granting him back pay.
ACTION: The Merit System Board granted the request in part and awarded back pay in the amount of $16, 323.40.
B-34 WATER REPAIRER (M0667O), PASSAIC VALLEY WATER COMMISSION
The appointing authority's failure to properly dispose of the certification for Water Repairer while a provisional appointee is serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board directed the Appointing Authority to remove the provisional, make an appointment from the certification and pay compliance costs.
B-35 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), on remand from the Merit System Board. The ALJ rendered his initial decision on December 9, 1997. At its meeting of February 10, 1998, the Merit System Board upheld the ALJ's recommendation to dismiss the appeal. The proposed final decision, clarifying the written decision issued April 23, 1998, is now submitted for the Board's review.
ACTION: The Merit System Board directed that this matter be held over.
B-36 RAMONA COMER
The appeal of Ramona Comer, Custodial Worker, State Operated School District of Newark, of her removal, effective January 27, 1997 on charges, was heard by Administrative Law Judge Mumtaz Bari-Brown (ALJ), who rendered her initial decision on January 15, 1999. The Merit System Board (Board), at its meeting on May 18, 1999, accepted the ALJ's recommendation that the penalty of removal be upheld. 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-37 ELAINE LOVETT
The appeal of Elaine Lovett, a Cottage Training Technician with Vineland Developmental Center, Department of Human Services, of her removal effective January 16, 1998 on charges, was heard by Administrative Law Judge Bruce R. Campbell (ALJ), who rendered his initial decision on April 7, 1999. The Merit System Board, at its meeting on May 18, 1999, did not accept the ALJ's recommendation to uphold the removal. Rather, the Board concluded that a suspension of three months was warranted. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-38 GELAINE PALMER
The appeal of Gelaine Palmer, Day Care Center Technician, Department of Human Services, concerning her resignation not in good standing, effective March 10, 1997, on charges of absence from duty for more than five consecutive days without approval, was the subject of a settlement conference convened by Administrative Law Judge Bruce R. Campbell (ALJ). The ALJ recommended that the settlement be acknowledged. The Merit System Board at its meeting of May 18, 1999, directed that this matter be remanded to OAL for full disposition or for further proceedings if required. The proposed decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-39 WILLIAM WARD
The appeal of William Ward, Fire Fighter, Fire Department, City of Newark, of his removal effective December 13, 1996 on charges, was heard by Administrative Law Judge (ALJ) Edith Klinger, who rendered her initial decision on March 18, 1999. At its meeting on May 5, 1999, the Merit System Board adopted the ALJ's 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-40 ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST NELSON WILLIAMS
Administrative Law Judge (ALJ) Beatrice S. Tylutki issued an order which consolidated matters concerning the appellant and determined that the Board has predominant interest. This order is now in before the Board for adoption.
ACTION: The Merit System Board adopted the order of consolidation and predominant interest.
B-41 IRA ROCHELLE
Howard S. Wilson, Assistant County Counsel, petitions the Merit System Board for a stay of its order to reinstate Ira Rochelle to his prior position in the decision of In the Matter of Ira Rochelle (MSB, decided March 9, 1999) pending its appeal to the Appellate Division of the Superior Court of New Jersey.
ACTION: The Merit System Board denied the petition for a stay.
B-42 CHRISTOPHER SILVA
Little Egg Harbor Township, represented by Todd J. Gelfand, Esq., requests interlocutory review of the April 20, 1999 Order of Administrative Law Judge Edgar Holmes (ALJ), in the Matter of Christopher Silva pursuant to N.J. A.C. 1:1- 14.10(a).
ACTION: The Merit System Board vacated the Administrative Law Judge's order.
B-43 BRENDA ABEL
Brenda Abel appeals the determination of the Division of Selection Services which found that appellant did not meet the experience requirements for the promotional examination for Management Assistant (PS6409I), Department of Corrections.
ACTION: The Merit System Board directed that this appeal be granted.
B-44 CHERYL L. BALDWIN
Cheryl L. Baldwin appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Health Insurance Benefits Clerk (PM0385W), Atlantic City.
ACTION: The Merit System Board directed that this appeal be granted.
B-45 JAMES L. BELLINGER
James L. Bellinger appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the open competitive examination for Senior Custodian, (M9036O), Newark School District, and his non-appointment from the eligible list for Maintenance Repairer Low Pressure License (C1611U), Essex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-46 MARIE A. BENNETT
Marie A. Bennett appeals the decision of the Division of Selection Services which found that appellant did not meet the experience requirements for the Senior Data Entry Machine Operator (Terminal) (S1688T) examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-47 JAMES E. BLAINE
James E. Blaine appeals the decision of the Division of Selection Services which found that he did not meet the requirements for the open competitive examination for Technical Assistant Office of the Construction Official (M0824W), Liberty Township.
ACTION: The Merit System Board directed that this appeal be granted.
B-48 MARY LEE BRUNO-KEIL
Mary Lee Bruno-Keil appeals the decision of the Division of Human Resource Selection Services which found that she did not meet the education requirements for the open competitive examination for Occupational Health Consultant 3 (S0283O).
ACTION: The Merit System Board directed that this appeal be denied.
B-49 ALICE P. CUBBERLEY
Alice P. Cubberley appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Technical Assistant, Office of the Construction Official, Typing (PM1492W), Trenton City.
ACTION: The Merit System Board directed that this appeal be denied.
B-50 MARK DANIK
Mark Danik appeals the decisions of the Division of Selection Services which found that he did not meet the experience requirements for the open competitive examination for Social Worker 2 Corrections, Bilingual in Spanish and English (S0185O) and did not meet the education and experience requirements for the open competitive examination for Environmental Specialist (S6039O).
ACTION: The Merit System Board directed that this appeal be denied.
B-51 SATERIAN DAVIS
Saterian Davis appeals the determination of the Division of Selection Services which found that she did not meet the requirements for the examination for Paralegal Specialist (C0761W), Passiac County.
ACTION: The Merit System Board directed that this appeal be denied.
B-52 DEBORAH J. DEFELICE
Deborah J. DeFelice appeals the determination of the Division of Human Resource Management which found that she was ineligible for the promotional examination for Secretarial Assistant (PC1040W), Union County Prosecutor's Office.
ACTION: The Merit System Board directed that this appeal be denied.
B-53 JEROME GARDNER
Jerome Gardner appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the open competitive examination for Senior Custodian, (M9036O), Newark School District.
ACTION: The Merit System Board directed that this appeal be denied.
B-54 ARNOLD GORDON
Arnold Gordon appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the open competitive examination for Senior Custodian, (M9036O), Newark School District.
ACTION: The Merit System Board directed that this appeal be denied.
B-55 ADALY I. HERNANDEZ
Adaly I. Hernandez appeals the determination of the Division of Selection Services which found that the appellant did not meet the experience requirements for the Technical Assistant, Office of the Construction Official, Typing (PM1492W), City of Trenton, promotional examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-56 BRIAN HILL
Brian Hill appeals the determination of the Division of Selection Services which found that he did not meet the experience requirement for the Museum Curator (M6601W), Trenton.
ACTION: The Merit System Board directed that this appeal be granted.
B-57 WILLIAM M. HOURICAN
William M. Hourican appeals the determination of the Division of Human Resource Management which found that he was ineligible for the promotional examination for Police Sergeant (PM1102W), Bayonne.
ACTION: The Merit System Board directed that this appeal be denied.
B-58 CHEVALLE JONES
Chevalle Jones appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the examination for Housing Assistance Technician (M0630O), Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-59 JOEL KELLY
Joel Kelly appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the open competitive examination for Senior Custodian, (M9036O), Newark School District.
ACTION: The Merit System Board directed that this appeal be denied.
B-60 ELIZABETH A. KLEBER
Elizabeth A. Kleber appeals the determination of the Division of Selection Services which found that the appellant did not meet the requirements for the promotional examination for Standards and Procedures Technician (PS6768G), Department of Environmental Protection.
ACTION: The Merit System Board directed that this appeal be denied.
B-61 CHRISTINE KOPPEL
Christine Koppel appeals the determination of the Division of Human Resource Management which found that she was ineligible for the promotional examination for Administrative Supervisor of Income Maintenance (PC0988W), Gloucester County Welfare Board.
ACTION: The Merit System Board directed that this appeal be denied.
B-62 JOSEPH E. KUNZMANN
Joseph E. Kunzmann appeals the determination of the Division of Selection Services which found that he did not meet the experience requirement for the promotional examination for Deputy Director of Welfare (PC1657W), Somerset County.
ACTION: The Merit System Board directed that this appeal be granted.
B-63 DIANE P. MCKENZIE
Diane P. McKenzie appeals the determination of the Division of Selection Services which found that she did not meet the educational requirement for the Vocational Rehabilitation Counselor title.
ACTION: The Merit System Board directed that this appeal be denied.
B-64 RAYMOND A. MURAWSKI
Raymond A. Murawski appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Coordinator, Health Projects 3 (PS6373H), Department of Health and Senior Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-65 DOLORES PELZER
Dolores Pelzer appeals the determination of the Division of Selection Services which found that the appellant did not meet the experience requirements for the Program Development Specialist 1 (Energy Conservation) (PS4767D), Department of Community Affairs promotional examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-66 WILLIAM R. POWELL
William R. Powell appeals the determination of the Division of Human Resource Management which found that he was ineligible for the promotional examination for Park Maintenance Specialist 2 (PS7089G), Environmental Protection.
ACTION: The Merit System Board directed that this appeal be denied.
B-67 JESSE PRINGLE
Jesse Pringle appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the open competitive examination for Senior Custodian, (M9036O), Newark School District.
ACTION: The Merit System Board directed that this appeal be denied.
B-68 ANGELA M. RIVERA
Angela M. Rivera appeals the determination of the Division of Human Resource Management which found that she was ineligible for the promotional examination for Supervising Clerk Stenographer (PC4303V), Essex County Prosecutor's Office.
ACTION: The Merit System Board directed that this appeal be denied.
B-69 PREM SACHDEVA
Prem Sachdeva appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the open competitive examination for Senior Custodian, (M9036O), Newark School District.
ACTION: The Merit System Board directed that this appeal be denied.
B-70 DAVID SALLEY
David Salley appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the open competitive examination for Senior Custodian, (M9036O), Newark School District.
ACTION: The Merit System Board directed that this appeal be denied.
B-71 CULESTINE SALMON-MASON
Culestine Salmon-Mason appeals the determination of the Division of Selection Services which found that the appellant did not meet the experience requirements for the Principal Procedures Analyst (PS5150D), Department of Community Affairs promotional examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-72 GINA SANTORO-LAFI
Gina Santoro-Lafi appeals the decision of the Division of Selection Services which found that she did not meet the education and experience requirements for the open- competitive examinations for Health Educator (M0530O), Passaic.
ACTION: The Merit System Board directed that this appeal be denied.
B-73 KANTHIAH SIVANANTHAN
Kanthiah Sivananthan appeals the determination of the Division of Selection Services which found that appellant did not meet the educational requirements for the open- competitive examination for Accountant (M6387O), Irvington.
ACTION: The Merit System Board directed that this appeal be denied.
B-74 EDWARD J. SNOOK
Edward J. Snook appeals the determination of the Division of Selection Services which found that the appellant did not meet the experience requirements for the Director of Public Works (PM0235W), Vernon Township promotional examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-75 WILLIAM TORRY
William Torry 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 County Park Ranger (C0305O), Monmouth County.
ACTION: The Merit System Board directed that this appeal be denied.
B-76 ANTHONY VENEZIA ET AL.
Anthony Venezia, Yvonne D. Davis, and Arlene C. Steinbacher appeal the determinations of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Executive Assistant (PC0572W), Citizen Services Department, Essex County.
ACTION: The Merit System Board directed that these appeals be denied.
B-77 HILERY WILLIAMS, JR.
Hilery Williams, Jr. appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the open competitive examination for Senior Custodian, (M9036O), Newark School District.
ACTION: The Merit System Board directed that this appeal be denied.
B-78 ANGELO ANDRIANI ET AL.
Angelo Andriani, Brian Murphy and Mark Aurigemma, represented by Vincenza Leonelli-Spina, Esq., petition the Merit System Board for reconsideration of the final administrative decisions rendered on April 9 and April 30, 1997, by the Commissioner of Personnel, who determined that the appellants' examinations for Police Sergeant (PM3219S), Hoboken, were properly scored.
ACTION: The Merit System Board denied the request for reconsideration.
B-79 JULIE BASKINGER
Julie Baskinger appeals the determination of the Division of Selection Services which found that she received a failing score on the unassembled examination for Principal Audit Account Clerk (PS6235J), Montclair State University.
ACTION: The Merit System Board directed that this appeal be denied.
B-80 HAZEL V. CLARKE
Hazel V. Clarke appeals the decision of the Division of Selection Services which found that she failed to achieve a passing score on the Family Service Worker (C6397T), Essex County examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-81 EDWARD F. OTT, JR.
Edward F. Ott, Jr. appeals the decision of the Division of Selection Services which found that he failed to achieve a passing score on the Firefighter (M0776U), Vineland City examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-82 EDWARD PAKNIS AND DONALD DOERR
Appellants Edward Paknis and Donald Doerr, whose names appear on the Health Economics Research Specialist 1 special reemployment list, appeal the determination to reclassify the positions of incumbents in the Analyst, Health Care Facilities title series to corresponding lateral titles in the Health Economics Research Specialist title series.
ACTION: The Merit System Board directed that this appeal be denied.
B-83 NETWORK ADMINISTRATOR 2 AND NETWORK ADMINISTRATOR 1
The Director, Division of Human Resource Management (DHRM), requests that seven positions within the Network Administrator 2 title and thirteen positions within the Network Administrator 1 title be allocated to the noncompetitive division of the career service on an interim basis for a period of 120 days.
ACTION: The Merit System Board granted the request.
B-84 INVESTIGATOR 2 AND INVESTIGATOR 1
The Director, Division of Human Resource Management (DHRM), requests that three positions within the Investigator 2 title and one position within the Investigator 1 title be allocated to the noncompetitive division of the career service on an interim basis.
ACTION: The Merit System Board granted the request.
B-85 CORRECTION OFFICER
The Director, Division of Human Resource Management, requests revival of the traditional LECR eligible list for Correction Officer (C1295T), Burlington County.
ACTION: The Merit System Board granted the request.
B-86 ADA V. WHITE
The Superior Court, Appellate Division, has reversed the decision of the Merit System Board in In the Matter of Ada V. White and remanded the matter to the Board for further processing of her claim for sick leave injury (SLI) benefits.
ACTION: The Merit System Board awarded the appellant one year sick leave injury (SLI) benefits.
B-87 SANDRA BROWN
The appeal of Sandra Brown, County Correction Officer, Atlantic County, Department of Public Safety, concerning her suspension for five days beginning March 5, 1998 and suspension of ten days beginning April 3, 1998, on charges was heard by Administrative Law Judge John R. Tassini (ALJ), who rendered his initial decision on April 12, 1999. At its meeting on May 18, 1999, the Board did not accept the ALJ's recommendation to reduce the five and ten-day suspensions from 15 days cumulatively to a ten-day suspension. Rather, the Board upheld the five-day suspension and reduced the ten- day suspension to a five-day suspension. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-88 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of May 18, 1999 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of May 18, 1999.
B-89 EARLY SETTLEMENTS
Tyra Davis Burlington County 10 day suspension 15 day suspension 20 day suspension
Richard E. Farrell Hudson County 20 day suspension 75 day suspension
William E. Farrior New Lisbon Developmental Center Department of Human Services Removal
Emma Harris Ancora Psychiatric Hospital Department of Human Services Two 10 day suspensions
Donald Hickerson Central Reception and Assignment Facility Department of Corrections
Jason Hughen Mountainview Youth Correctional Facility Department of Corrections Removal
Alejandra Mazza New Jersey Department of Labor Resignation not in good standing
Shannon Richardson Marlboro Psychiatric Hospital Department of Human Services Removal
ACTION: The Merit System Board acknowledged the settlements.
There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, June 22, 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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