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Meeting Minutes of June 21, 1999
A regular meeting of the Merit System Board was held on Monday, June 21, 1999 in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz; Merit System Board Members, Margaret E. L. Howard and Judith 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 June 11, 1999 and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.
All other actions were by unanimous vote unless otherwise specified.
CONFIDENTIAL APPOINTMENTS
The Merit System Board recorded the following Confidential Appointments under N.J.S.A. 11A:3-4(h):
Arnold K. Hamm appointed as Confidential Secretary, Department of Human Services, effective April 19, 1999, salary of $46, 512.03 per annum.
James M. Reilly appointed as Confidential Assistant, Board of Public Utilities, effective June 1, 1999, salary of $36,000.00 per annum.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Michael Brannon, Police Officer, Police Department, City of Newark, suspension.
Patricia Kines, Police Officer, Police Department, City of Newark, suspension.
Frederick Richburg, Jr., Senior Correction Officer, Department of Corrections, New Jersey State Prison, suspension.
George Street, Laborer, Department of Public Works, Township of Hazlet, suspension.
Rubin Torres, Police Officer, Police Department, City of Newark, suspension.
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:
Wilfred Bankole-Gibson, Accountant, Department of Health & Human Services, County of Camden, removal.
James Bourne, Jr. Firefighter, Fire Department, Asbury Park, removal.
Marie Brunot, Institutional Attendant, John L. Montgomery Medical Home, County of Monmouth, suspension.
Benjamin Layton, Truck Driver, Neighborhood Services, City of Newark, removal.
Arthur McNeal, Laborer, Neighborhood Services, City of Newark, removal.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Brian Baldwin Monmouth County Sheriff's Office Suspension and Removal
In the Matter of Michael Breden Borough of Roselle - Department of Public Works Suspension
In the Matter of Carolyn Brown Department of Labor Unemployment Insurance Field Operations Removal
In the Matter of Sheryl Cyphers Edna Mahan Correctional Facility - Department of Corrections Removal
In the Matter of Lee Douglas, Jr. Greystone Park Psychiatric Hospital - Department of Human Services Suspension
In the Matter of Elaine Harris Township of Irvington Layoff
In the Matter of Anita Heiser New Lisbon Developmental Center - Department of Human Services Suspension and Removal
In the Matter of Joseph Jensen Albert C. Wagner Youth Correctional Facility Department of Corrections Removal
In the Matter of Shimba Jones North Jersey Developmental Center - Department of Human Services Removal
In the Matter of Brian Lofton Arthur Brisbane Child Treatment Center Department of Human Services Removal
In the Matter of John McKelvin Morris County Removal
In the Matter of Stanley Mochnacz Parole and Community Programs Department of Corrections Suspension
In the Matter of Tawyna Roberson Mercer County Removal
In the Matter of Sally Rowan Crest Haven Nursing Home - County of Cape May Suspension
In the Matter of Etta Saunders City of Salem Removal
In the Matter of Hector Torres County of Bergen Indefinite Suspension
In the Matter of Maria Valencia Burlington County Board of Chosen Freeholders, Buttonwood Hospital Suspension
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements with the exception of Michael Breden and Joseph Jensen.
A-2 LARRY CALHOUN
Larry Calhoun, Human Services Assistant, Marlboro Psychiatric Hospital, Department of Human Services, suspension for 12 days, on charges of inappropriate physical contact or mistreatment of a patient, client resident, or employee and insubordination.
Recommendation of the Administrative Law Judge - Reverse the suspension.
ACTION: The Merit System Board directed that this matter be held over.
A-3 JOHN HELINE
John Heline, Cook, John L. Montgomery Medical Home, Monmouth County, resignation not in good standing effective May 6, 1998, on charges of abandonment of job as a result of unauthorized absences from work for five consecutive work days.
Recommendation of the Administrative Law Judge - Modified to Resignation in Good Standing.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-4 THOMAS W. O'NEILL
Thomas W. O'Neill, Heavy Laborer, Township of Woodbridge, Department of Public Works, removal at the end of the Working Test Period effective January 30, 1998.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-5 MICHAEL C. PAOLINI
Michael C. Paolini, Senior Corrections Officer, Albert C. Wagner Youth Correctional Facility, Department of Corrections, suspension for five days, on charges of serious mistake due to carelessness which may result in danger and/or injury to persons or property.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-6 LOVERTA PERRY
Loverta Perry, Senior Correction Officer, Edna Mahan Correctional Facility for Women, Department of Corrections, suspension for 20 days, on charges of neglect of duty, loafing, idleness or willful failure to devote attention to tasks which could result in danger to persons or property.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-7 DOMINGO VARGAS AND GARRIAN LAMPLEY
Appeal of Domingo Vargas and Garrian Lampley, Maintenance Repairers, City of Perth Amboy Housing Authority, layoff effective May 11, 1998 for reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Uphold the layoff.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-8 MICHAEL VOLK
Michael Volk, Assistant District Parole Supervisor, Parole and Community Programs, Department of Corrections, suspension for 30 days, on charges of performance: serious mistake due to carelessness, but not resulting in danger to persons or property and in violation of a rule, regulation, policy, procedure, order, or administrative decision.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board remanded this matter to the Office of Administrative Law.
A-9 BRIAN BROWN
Brian Brown, Clerk, Division of Revenue, Department of the Treasury, removal effective November 7, 1997, on charges of conduct unbecoming a public employee, and sexual harassment.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-10 CONSTANTINE LOGINOW
Constantine Loginow, Motor Broom Driver, City of Trenton, removal effective July 10, 1998, on charges of conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-11 RAMON RIVERA
Ramon Rivera, Firefighter, Fire Department, City of Hoboken, removal effective August 21, 1995, on charges of conduct unbecoming a public employee, conduct, on or off duty, unbecoming a member of the Department, or tending to lower their service in the estimation of the public, conduct prejudicial to good order and discipline and violation of a settlement agreement.
Recommendation of the Administrative Law Judge - Dismiss the appeal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-12 ROBERT SANTINI
Robert Santini, Painter, Division of Property, Management and Construction, Department of the Treasury, removal effective January 26, 1998, on charges of conduct unbecoming a public employee; disruption of the workplace; physically assaulting co- workers; engaging in behavior that creates a hostile and threatening work environment and impeding the effective delivery of service.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-13 EDWARD URBAN
Edward Urban, Laborer, City of Linden Public Works, removal effective December 18, 1997, on charges of inability to perform duties, chronic or excessive absenteeism or lateness, conduct unbecoming a public employee and neglect of duty.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board remanded this matter to the Office of Administrative Law.
A-14 PETER BRUCE - SETTLEMENT
Peter Bruce v. City of Passaic - Initial termination at the end of the Working Test Period due to unsatisfactory services. Settled to a lump sum payment in the amount of $50,000. The Merit System Board at its meeting of March 23, 1999, directed that this matter be held over for the advice of the Attorney General's Office.
Recommendation of the Administrative Law Judge - Acknowledge the settlement.
ACTION: The Merit System Board acknowledged the settlement.
A-15 ROBERT GREDONE
Robert Gredone, Supervisor, Regional Food Services, Bayside State Prison, Department of Corrections, removal effective May 9, 1997, on charges including conduct unbecoming a public employee, neglect of duty and falsification. The Merit System Board at its meeting of April 20, 1999, directed that this matter be held over for the receipt of cross exceptions from the appellant's attorney.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board directed that this matter be held over.
A-16 ANDRES VIVES RIVERA - MOTION FOR SUMMARY JUDGMENT
Andres Vives Rivera, Residential Services Worker, Woodbine Developmental Center, Department of Human Services, removal effective January 22, 1998, on charges of falsification; misstatement of material fact in connection with an employment application. The Merit System Board at its meeting of March 9, 1999, directed that this matter be held over for the Attorney General's advice as to the Board's position on forfeiture in public employment cases.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to reverse the removal.
A-17 FELICIA LAWSON
Felicia Lawson, Cottage Training Technician, Woodbine Developmental Center, Department of Human Services, removal, effective April 8, 1997, on charges of verbal and physical abuse of a client.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board directed that this matter be held over.
SECTION B - MISCELLANEOUS MATTERS
B-1 RAMON ALVARADO
Ramon Alvarado, represented by Kevin P. McGovern, Esq., appeals his rejection as a Police Officer candidate by the City of Jersey City and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-2 STEPHEN B. BUCZYNSKI
Stephen B. Buczynski, represented by Harold U. Johnson, Jr., 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-3 GARY ERDMANN Gary Erdmann appeals his rejection as a Police Officer candidate by the Township of Parsippany-Troy Hills 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 PATRICIA BATTALIA
Patricia Battalia, a Principal Audit Account Clerk with the Division of Taxation, Department of the Treasury, represented by Mike Lohman, CWA Local 1033, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-5 SHIRLEY BELTON
Shirley Belton, a Cottage Training Technician with New Lisbon Developmental Center, Department of Human Services, represented by Linda Cossey, AFSCME Local 2209, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-6 CHRISTOPHER CLINE
Christopher Cline, a Senior Correction Officer with South Woods State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-7 DOMINICK J. DEVITT
Dominic J. Devitt, Jr., a Practical Nurse at Hunterdon 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-8 BEVERLY GURDGIEL
Beverly Gurdgiel, a Cook with Woodbine 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-9 DEBORAH HADALA
Deborah Hadala, an Administrative Analyst 2 with the Department of the Treasury, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted in part.
B-10 PAMELA HAILSTORK-ROBINSON
Pamela Hailstork-Robinson, a Senior Correction Officer at Northern State Prison, Department Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-11 IRENE LIPPERT
The Department of Corrections, on behalf of Irene Lippert, a Supervisor, Regional Food Service Operations with East Jersey State Prison, requests the relaxation of N.J.A.C. 4A:6-1.6(b)3 to allow Ms. Lippert to receive sick leave injury (SLI) benefits beyond the one- year limitation.
ACTION: The Merit System Board granted the request.
B-12 HERBERT F. MYRIE
Herbert F. Myrie, a Human Services Assistant with New Lisbon Developmental Center, Department of Human Services, represented by Joseph L. Gijanto, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-13 DONNA ROZANSKY
Donna Rozansky, a Claims Examiner, Unemployment/Disability Insurance with the Department of Labor, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-14 PATRICIA SALT
Patricia Salt, who was formerly employed as a Classification Officer 1 with the Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be held over.
B-15 RHONDA SMITH
Rhonda Smith, 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-16 GORDON VAN DOIMEN
Gordon Van Doimen, a Human Services Technician with Greystone Park Psychiatric Hospital, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-17 JO WILLS
Jo Wills, a former Auditor 1, retired effective October 31, 1997, with the Department of Health & Senior Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-18 THELMA WOOLVERTON
Thelma Woolverton, a Secretarial Assistant 3 with the Division of Family Development, 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-19 STANLEY BEDNARCZYK
Stanley Bednarczyk, a Police Officer with the Borough of Wallington, represented by Gerald Jay Resnick, Esq., petitions the Merit System Board for a stay of his impending seven day suspension pending the outcome of his hearing at the Office of Administrative Law.
ACTION: The Merit System Board denied the request for a stay.
B-20 BOBBY MAYFIELD
Bobby Mayfield, a Correction Sergeant with the Department of Corrections (DOC), represented by Robert B. Reed, Esq., appeals the determination of the Director of the Equal Employment Division with the DOC, stating that the appellant failed to present sufficient evidence to support a finding of probable cause that he had been discriminated against based on his race or as reprisal for filing prior discrimination complaints.
ACTION: The Merit System Board directed that this appeal be denied.
B-21 EVERSLEY R. SIFONTES
Eversley R. Sifontes, a Police Officer, City of Newark, represented by Anthony J. Fusco, Jr., Esq., petitions the Merit System Board for reconsideration of the final administrative decision rendered on December 28, 1998, denying his request for a hearing in regard to his 10- day suspension beginning on October 1, 1996, on charges.
ACTION: The Merit System Board granted the request for reconsideration and directed that this matter be transmitted to the Office of Administrative Law.
B-22 RICHARD VOGEL, SR.
Peter Zwiebach, Esq., on behalf of Cohen, Weiss and Simon, Counsellors at Law, requests reconsideration of those portions of the final administrative decision, In the Matter of Richard Vogel, Sr. (MSB, decided March 9, 1999), which state that Mr. Vogel was represented by Earl R. Pfeffer, Esq., of the above-stated law firm, and that Mr. Vogel received erroneous advice from his union representative.
ACTION: The Merit System Board directed that this appeal be held over.
B-23 RICHARD CHAPMAN
Richard Chapman appeals the decision of Human Resource Information Systems which found that the City of Newark had presented a sufficient basis to remove his name from the Police Officer (M3394X) eligible list, based on an unsatisfactory background report and driving record.
ACTION: The Merit System Board directed that this appeal be denied.
B-24 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 due to his failure to meet the age requirement for the position. This matter was held over from the June 8, 1999, Merit System Board meeting for review by the Attorney General's Office which has now been completed.
ACTION: The Merit System Board directed that this appeal be denied.
B-25 TYRONE JOHNSON
Tyrone Johnson, represented by Hardge Davis, Jr., Esq., appeals the decision of Human Resource Information Systems which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (M3394X), City of Newark, based on an unsatisfactory driving record.
ACTION: The Merit System Board directed that this appeal be denied.
B-26 KEVIN J. PHALON
Kevin J. Phalon, represented by Jeffrey T. Carney, Esq., appeals the decision of Human Resource Information Systems which determined that West New York had presented a sufficient basis to remove his name from the Fire Fighter (M1517M) eligible list on the basis of non-residency.
ACTION: The Merit System Board granted a hearing.
B-27 KEVIN MCGINN
Kevin McGinn, represented by A.J. Fusco, Jr., Esq., appeals the decision of Human Resource Information Systems which found that the County of Hunterdon had presented a sufficient basis to remove his name from the County Correction Officer (C6340S) eligible list due to an unsatisfactory criminal record.
ACTION: The Merit System Board directed that this appeal be denied.
B-28 JULIUS BEASLEY
Julius Beasley, a Supervising Juvenile Detention Officer with Passaic County, represented by MeLinda Hawkins Taylor, Esq., petitions the Merit System Board for back pay, counsel fees and interest.
ACTION: The Merit System Board granted the request for back pay and denied the request for counsel fees and interest.
B-29 CLERK (SPECIAL REEMPLOYMENT LIST), TOWN OF WEST NEW YORK
The Town of West New York, represented by George B. Campen, Esq., requests reconsideration of the decision rendered on August 4, 1998 by the Merit System Board ordering it to immediately dispose of the outstanding certification for Clerk (Special Reemployment List), Town of West New York, to immediately remove the provisional, Marcela Hechavarria, and to pay compliance processing costs in the amount of $250.00.
ACTION: The Merit System Board denied the request for reconsideration.
B-30 TRUCK DRIVER (M0857U & M6173O), CITY OF NEWARK
The appointing authority's failure to properly dispose of the certification for Truck Driver while provisional appointees are 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, make an appointment from the certification and pay compliance costs.
B-31 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. At its meeting of February 10, 1998, the Merit System Board upheld the ALJ's recommendation to dismiss the appeal. The instant written decision amplifies and clarifies issues contained in the Board's previous written decision. This matter was held over from the June 8, 1999 Merit System Board meeting for further review by the Attorney General's Office which has now been completed. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-32 THOMAS GRILL AND JAMES WALSH
The appeals of Thomas Grill, Police Captain, and James Walsh, Police Lieutenant, Newark Police Department, City of Newark, of their indefinite suspensions, pending disposition of criminal charges, effective July 5, 1996, and removals effective May 28 and May 22, 1997, respectively, were heard by Administrative Law Judge Diana C. Sukovich (ALJ), who rendered her initial decision on December 21, 1998. At its meeting on March 9, 1999, the Merit System Board accepted and adopted the findings of fact as contained in the ALJ's initial decision; however, it did not accept her recommendation to modify the removals to formal written reprimands. Rather, the Board concluded that the appropriate penalty for both appellants was a six-month suspension. However, upon a further review of the record, including the initial decision, the exceptions and cross exceptions, and the testimony presented at the Office of Administrative Law hearing, the Board, upon its own motion, granted reconsideration of its March 9, 1999 decision. Upon reconsideration, in regard to appellant Grill, the Board concluded that the removal should be vacated, and in regard to appellant Walsh, the Board found that the appropriate penalty is a five-day suspension. 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-33 ARNOLD JOHNSON
The appeal of Arnold Johnson, a Human Services Assistant at the Greystone Park Psychiatric Hospital, Department of Human Services, removal effective February 10, 1998 on charges, was heard by Administrative Law Judge Michael L. Ravin (ALJ), who rendered his initial decision on April 29, 1999 recommending that the removal be modified to a six- month suspension. At its meeting on June 8, 1999, the Board did not adopt the ALJ's recommendation that the appellant be suspended for six months. 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-34 EDWARD O'NEIL
The appeal of Edward O'Neil, an Equipment Operator with the Department of Public Works, Borough of Highlands, removal effective October 17, 1997 on charges, was heard by Administrative Law Judge Solomon A. Metzger (ALJ), who rendered his initial decision on March 29, 1999 recommending that the removal be modified to a 90- day suspension. At its meeting of June 8, 1999, the Board did not accept the ALJ's recommendation that the appellant be suspended for 90 days. 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-35 BERNARD BIESIADA
Bernard Biesiada appeals the decision of the Division of Selection Services which found that he did not meet the requirements for the open-competitive examination for Supervisor of Patient Accounts (C0748W), Monmouth County.
ACTION: The Merit System Board directed that this appeal be denied.
B-36 BRUCE BROOKS
Bruce Brooks appeals the determination of the Division of Selection Services which found that appellant did not meet the requirements for the promotional examination for Administrative Analyst 4 (Data Processing) (PS6430I), Department of Corrections.
ACTION: The Merit System Board directed that this appeal be denied.
B-37 MADELINE CINQUE
Madeline Cinque appeals the decision of the Division of Selection Services which found that appellant did not meet the requirements for the promotional examination for Administrative Analyst 4 (PS6825K), North Jersey Developmental Center.
ACTION: The Merit System Board directed that this appeal be denied.
B-38 GARY S. DALINA
Gary S. Dalina appeals the determination of the Division of Selection Services which found that he did not meet the experience requirement for the promotional examination for Records Management Analyst (PC3199V), Middlesex County.
ACTION: The Merit System Board directed that this appeal be granted.
B-39 GAIL ROBERT DAVIS AND GEORGE RODDERICK YOUNG
Gail Robert Davis and George Rodderick Young appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirement for the promotional examination for Supervisor Juvenile Unit Corrections, (PS7037P), Juvenile Justice Commission.
ACTION: The Merit System Board directed that these appeals be granted.
B-40 FRANK DEFEO
Frank DeFeo appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the examination for Accounting Assistant (PS7061U), Department of Treasury.
ACTION: The Merit System Board directed that this appeal be denied.
B-41 CHARLES A. FARROW, SR.
Charles A. Farrow, Sr. appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Assistant Supervisor of Professional Residential Services, Developmental Disabilities (PS7146K), Woodbine Developmental Center.
ACTION: The Merit System Board directed that this appeal be granted.
B-42 MARISOL GARCIA-PAUL
Marisol Garcia-Paul appeals the decision of the Division of Selection Services which found that she did not meet the experience requirements for the open competitive examination for Field Representative Elections (C0532O), Hudson County.
ACTION: The Merit System Board directed that this appeal be denied.
B-43 CHARLES GARROD
Charles Garrod appeals his score for the open- competitive examination for Assistant Director of Data Processing (C6443W), Middlesex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-44 BARRY M. HANTMAN
Barry M. Hantman 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-45 DANE HOLT
Dane Holt appeals the decision of the Division of Selection Services which found that appellant did not meet the experience requirements for the open competitive examination for Public Information Assistant (M0674W), Newark School District.
ACTION: The Merit System Board directed that this appeal be denied.
B-46 WALTER T. JACOBS
Walter T. Jacobs 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 Housing Inspector (M0553O), Union Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-47 ROSE LIVINGSTON-JONES
Rose Livingston-Jones appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the open competitive examination for Investigator Student Loans (S0111O).
ACTION: The Merit System Board directed that this appeal be denied.
B-48 LOUIS A. MACCARONE, Jr.
Louis A. Maccarone, Jr., appeals the determination of the Division of Selection Services, which found that he did not have sufficient permanent service time to be eligible for the promotional examination for Management Specialist (PM3907V), Newark School District.
ACTION: The Merit System Board directed that this appeal be denied.
B-49 ANTOINETTE MATHES
Antoinette Mathes appeals the decision of the Division of Selection Services which found that appellant did not meet the requirements for the promotional examination for Business Manager (PM1165W), Ridgewood.
ACTION: The Merit System Board directed that this appeal be denied.
B-50 MICHAEL R. NORFLETT
Michael R. Norflett appeals the decision of the Division of Selection Services which found that appellant did not meet the experience requirements for the promotional examination for Supervisor of Recreation (PS3918I), Edna Mahan Correctional Facility for Women.
ACTION: The Merit System Board directed that this appeal be granted.
B-51 DONALD J. PFANSTIEL
Donald J. Pfanstiel appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Assistant Supervisor of Professional Residential Services, Developmental Disabilities (PS7146K), Woodbine Developmental Center.
ACTION: The Merit System Board directed that this appeal be denied.
B-52 JOSEPH PUSO
Joseph Puso appeals the determination of the Division of Selection Services which found that he did not meet the requirements for the open-competitive examination for Counselor Adolescent Unit (C0391O), Morris County.
ACTION: The Merit System Board directed that this appeal be denied.
B-53 LINDA REED
Linda Reed appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Principal Procedures Analyst (PS5583D), Department of Community Affairs.
ACTION: The Merit System Board directed that this appeal be denied.
B-54 SUSAN RUBINETTI
Susan Rubinetti appeals the determination of the Division of Selection Services which found that she did not meet the experience requirement for the promotional examination for Executive Assistant 2 (PS4275T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be granted.
B-55 EDWARD M. SALTER
Edward M. Salter appeals the determination of the Division of Selection Services which found that he did not meet the educational requirements for the examination for Section Supervisor, Fiscal Resources (PS6587P), Office of the Attorney General.
ACTION: The Merit System Board directed that this appeal be denied.
B-56 KATHLEEN R. SAVIDGE
Kathleen R. Savidge appeals the determination of the Division of Selection Services which found that she was ineligible for the promotional examination for Buyer (PC2073V), Camden County Municipal Utilities Authority.
ACTION: The Merit System Board directed that this appeal be granted.
B-57 ZYNE T. SCHARITE
Zyne T. Scharite appeals the decision of the Division of Selection Services which found that appellant did not meet the experience requirements for the promotional examination for Secretarial Assistant 2 (Non-Stenographic) (PS4211K), Division of Developmental Disabilities.
ACTION: The Merit System Board directed that this appeal be held over.
B-58 HERBERT R. SIMMERMAN
Herbert R. Simmerman appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for assistant Supervisor of Professional Residential Services (PS7146K), Woodbine Developmental Center.
ACTION: The Merit System Board directed that this appeal be denied.
B-59 ROSE J. SZEMIOT
Rose J. Szemiot appeals the determination of the Division of Human Resource Management which found that she was ineligible for the promotional examination for Senior Clerk (PC4104V), Monmouth County Human Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-60 JANET THOMAS
Ralph W. Kornfield, Director of Personnel, County of Bergen, on behalf of Janet Thomas, appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for the promotional examination for Probate Clerk (PC0421W), Bergen County.
ACTION: The Merit System Board directed that this appeal be granted.
B-61 DAVID A. WHATELEY
David A. Whateley appeals the decision of the Division of Selection Services which found that appellant did not meet the experience requirements for the open competitive examination for Fire and Ambulance Dispatcher (M0036O), Jersey City.
ACTION: The Merit System Board directed that this appeal be denied.
B-62 VINCENT AFFINITO
Vincent Affinito appeals his score on the examination for Police Captain (PM3818V), Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-63 KENNETH J. BUTKO AND MANO H. LAL
Kenneth J. Butko and Mano H. Lal appeal the scores they received on the promotional examination for Chief of Construction Codes and Standards (PS1288D), Department of Community Affairs.
ACTION: The Merit System Board directed that these appeals be denied.
B-64 GARY GRANTLEY
Gary Grantley appeals his score on the examination for Police Captain (PM4026V), Freehold Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-65 RICHARD C. CANTES
Richard C. Cantes, represented by Vincenza Leonelli- Spina, Esq., appeals his score on the promotional examination for Police Sergeant (PM4060R), Atlantic City.
ACTION: The Merit System Board directed that this appeal be denied.
B-66 SIDDEEQ EL-AMIN
Siddeeq El-Amin appeals his score on the examination for Police Captain (PM3819V), Plainfield.
ACTION: The Merit System Board directed that this appeal be denied.
B-67 CHARLES FASTIGE
Charles Fastige appeals his score on the examination for Police Captain (PM3802V), Beach Haven Borough.
ACTION: The Merit System Board directed that this appeal be denied.
B-68 RICHARD HORLBECK
Richard Horlbeck appeals his score on the examination for Police Captain (PM3820V), Ridgewood.
ACTION: The Merit System Board directed that this appeal be denied.
B-69 GILBERT HORRACH
Gilbert Horrach appeals his score on the examination for Police Captain (PM3812V), Long Branch City.
ACTION: The Merit System Board directed that this appeal be denied.
B-70 PATRICK JOYCE
Patrick Joyce appeals his score on the examination for Police Captain (PM3812V), Long Branch City.
ACTION: The Merit System Board directed that this appeal be denied.
B-71 KEITH KILLION
Keith Killion, represented by Michael Ryan, Esq., appeals his score on the examination for Police Captain (PM3820V), Ridgewood.
ACTION: The Merit System Board directed that this appeal be denied.
B-72 JOHN KRUSE
John Kruse appeals his score on the examination for Police Captain (PM3814V), Morristown.
ACTION: The Merit System Board directed that this appeal be denied.
B-73 WILLIAM NESTER III
William Nester III appeals his score on the examination for Police Captain (PM3811V), Lawrence Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-74 RAYMOND PETERSON
Raymond Peterson appeals his score on the examination for Police Captain (PM3806V), Egg Harbor City.
ACTION: The Merit System Board directed that this appeal be denied.
B-75 BRUCE RAYMOND
Bruce Raymond appeals his score on the examination for Police Captain (PM3808V), Fair Lawn
ACTION: The Merit System Board directed that this appeal be denied.
B-76 ALBERT ROMA
Albert Roma appeals his score on the examination for Police Captain (PM3812V), Long Branch City
ACTION: The Merit System Board directed that this appeal be denied.
B-77 DONALD ROSE
Donald rose appeals his score on the examination for Police Captain (PM3807V), Ewing Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-78 JAMES SMITH
James Smith appeals his score on the examination for Police Captain (PM3818V), Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-79 WILLIAM YIRCE
William Yirce appeals his score on the examination for Police Captain (PM3808V), Fair Lawn.
ACTION: The Merit System Board directed that this appeal be denied.
B-80 STEVEN FLANAGAN, ET AL.
Steven Flanagan, et al., various jurisdictions, appeal the correctness of the scoring key for the multiple- choice portion of the promotional examination for Police Captain.
ACTION: The Merit System Board directed that this appeal be denied.
B-81 WARREN HALL
Warren Hall appeals the decision of the Division of Selection Services which found that he cannot review the multiple choice portion of the examination for Fire Captain (PM6361V), Asbury Park City.
ACTION: The Merit System Board directed that this appeal be denied.
B-82 ETHEL KAYSER
Ethel Kayser appeals the decision of the Division of Selection Services concerning the correct answer to a specific question on the promotional examination for Principal Clerk Typist (PC6385W), Gloucester County.
ACTION: The Merit System Board directed that this appeal be denied.
B-83 MARY BATTLE
Mary Battle requests reconsideration of the final administrative decision rendered on December 8, 1998 in which appellant's request for admittance to the examination for Administrative Analyst 2, Management Auditor (S1625T) was denied.
ACTION: The Merit System Board directed that this appeal be denied.
B-84 JOHN MCCORMACK
John McCormack, represented by Michael Lohman, Local 1033, CWA, requests reconsideration of the November 14, 1998 decision of the Merit System Board which denied his appeal regarding the scoring of the Assistant Supervisor, Technical Services (formerly Taxpayer Service Section) (PS5378U), Taxation promotional examination.
ACTION: The Merit System Board granted the request for reconsideration.
B-85 FREDERICK SURDYKA
Frederick Surdyka, represented by Joseph Licata, Esq., requests reconsideration of the Merit System Board's decision, In the Matter of Kim Lucas-Janusz, Police Lieutenant (PM0155W), Borough of Wallington, rendered on March 23, 1999, concerning his test papers for that promotional examination.
ACTION: The Merit System Board granted the request for reconsideration.
B-86 LINDA ZULTANSKI
Linda Zultanski, a Senior Vocational Rehabilitation Counselor with Trenton Psychiatric Hospital, appeals the denial of participation as a leave recipient in the donated leave program. It is noted that this matter was held over from the Board's meeting of May 18, 1999.
ACTION: The Merit System Board directed that this appeal be denied.
B-87 ANDREW J. CROWLEY
Andrew J. Crowley, represented by Gerald Fusella, Esq., appeals the decision of Human Resource Information Systems which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Correction Officer Recruit (S9998U), Department of Corrections, based on criminal and driving records which relate adversely to the position sought.
ACTION: The Merit System Board directed that this appeal be denied.
B-88 RUBIELA GROTE
Rubiela Grote appeals the decision of the Division of Selection Services which found that she failed to achieve a passing score on the Employment Services Trainee Bilingual Spanish/English (S0267O) examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-89 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of June 8, 1999 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of June 8, 1999.
B-90 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 denied the request for reconsideration and a stay and granted the request for enforcement.
B-91 SONYA BOONE
The appeal of Sonya Boone, Principal Clerk Typist, Division of Parole and Community Programs, Department of Corrections, of her six-day suspension on charges, was heard by Administrative Law Judge Walter F. Sullivan (ALJ), who rendered his initial decision on April 29, 1999. The Merit System Board, at its meeting on June 8, 1999, did not adopt the recommendation of the ALJ to reduce the discipline to a two-day suspension. Rather, the Board imposed a five-day suspension. The proposed final decision is now attached for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-92 JEFFREY FELDMAN
The appeal of Jeffrey Feldman, a Safety Specialist 1 with the Department of Transportation, of his removal effective April 11, 1997 on charges, was heard by Administrative Law Judge Diana C. Sukovich (ALJ), who rendered her initial decision on April 29, 1999 recommending that the removal be upheld. At its meeting on June 8, 1999, the Board adopted the recommendation that the appellant be removed. However, the Board felt it necessary to address the exceptions filed by the parties. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-93 JOSEPH VITERITTO
The appeal of Joseph Viteritto, an Assistant Engineer in Charge of Maintenance 1 at Northern State Prison, Department of Corrections, removal effective March 5, 1997 on charges, was heard by Administrative Law Judge Margaret M. Hayden (ALJ), who rendered her initial decision on April 19, 1999. At its meeting of June 8, 1999, the Board affirmed the ALJ's recommendation to uphold the removal. However, the Board found it necessary to address the exceptions and cross exceptions filed by the parties. The proposed final decision is now submitted for the Board's approval.
ACTION: The Merit System Board adopted the final decision.
B-94 JOSEPH ZENNA
The appeal of Joseph Zenna, a Sheriff's Officer with Ocean County, of his removal effective December 6, 1996, on charges, was heard by Administrative Law Judge Kathryn A. Clark (ALJ), who rendered her initial decision on April 29, 1999 recommending that the removal be upheld. At its meeting on June 8, 1999, the Board adopted the ALJ's recommendation that the appellant be removed. However, the Board felt it necessary to address the exceptions and cross- exceptions filed by the parties. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-95 ARTHUR L. MICCIO
Arthur L. Miccio appeals the ranking of the promotional eligible list for Chief of Construction Codes and Standards (PS1288D), Department of Community Affairs.
ACTION: The Merit System Board directed that this appeal be denied.
B-96 EARLY SETTLEMENTS
Robert Syll New Jersey Health and Senior Services Removal
Kirk Weber Ancora Psychiatric Hospital Department of Human Services 58-day suspension
ACTION: The Merit System Board acknowledged the settlements.
There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, July 13, 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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