A regular meeting of the Merit System Board was held on Tuesday, September 21, 1999 in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz; Merit System Board Members, Alan Dexter Bowman, 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 September 2, 1999 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: September 10, 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: Changes in the State Classification Plan
The Department of Transportation requests your approval for the reallocation of three positions to the Senior Executive Service.
Justification -- Position Numbers: 023364; 022278; 930326
The positions are located within the Division of Construction and Materials. Each position functions as the Regional Construction Engineer for its respective region (North, South, and Central) and is responsible for the direction of Capital Program construction projects and highway developer agreements within that region.
The staffing of each Region includes clerical, administrative, technical, and engineering positions. Currently, there are 200 positions assigned to the Northern Region, 110 positions assigned to the Central Region and 130 positions assigned to the Southern Region. The functions performed in each region include the following: construction inspection and administration; regional materials laboratories; civil rights compliance inspections; utility construction inspection; and electrical construction inspection.
At any given time there are from 20 to 40 active construction projects in each region. The value of the contracts may vary from two hundred thousand to one hundred million dollars each. Each Regional Construction Engineer must develop a salary budget for the assigned personnel as it relates to reimbursement from Federal Funds, Transportation Trust Funds, General Operating Fund and leave time. The Regional Construction Engineer also develops budgets for reimbursable travel and overtime salary and is required to meet budget goals and provide proper administration of projects.
If the reallocation of these positions is approved, the Department of Transportation anticipates that the incumbents will move into the Senior Executive Service along with their current Positions
Reallocation of Service Effective Date -- August 14, 1999
FROM: 023364, Manager 1, Department of Transportation, (Construction and Maintenance Engineering) (M34-65256H)
TO: 023364, Senior Executive Service (M98-90752)
FROM: 022278, Manager 1, Department of Transportation, (Construction and Maintenance Engineering) (M34-65256H)
TO: 022278, Senior Executive Service (M98-90752)
FROM: 930326, Manager 1, Department of Transportation, (Construction and Maintenance Engineering) (M34-65256H)
TO: 930326, Senior Executive Service (M98-90752)
DATE: August 6, 1999
TO: Janice Mitchell Mintz, Commissioner Department of Personnel
Henry Mauer, Director Merit System Practices and Labor Relations
FROM: Marjorie A. Schwartz, Director Human Resources Management
SUBJECT: Change in the Compensation Plan and Concurrent Title Change
DEPARTMENT OF COMMUNITY AFFAIRS
Fundamental changes have been made in the organization of administrative services in the Department of Community Affairs. The duties and responsibilities of the former Division of Administration have been divided and distributed among several organizational components. Some of the remaining duties and responsibilities are being assigned to the newly created Office of Internal Services. The Department of Community Affairs requests a salary re-evaluation and title change.
The Director Of Administration, Department of Community Affairs (M38), last re-evaluated in 1984, was defined:
Under the general guidance of the Commissioner of Community Affairs or the Deputy Commissioner, has direct administrative, operational and technical control of departmental administrative functions which include personnel management, administrative functions which include personnel management, labor management-relations, employee training and development, fiscal and budget preparation and execution, grants management, management analysis and internal auditing, office automation and data processing, purchasing, logistical services including vehicle management, telecommunications, facilities management and security; does related work as required.
A review of the current duties and responsibilities of this position shows the job classification is no longer responsible for personnel management, labor relations , employee training and development, purchasing, security and budget preparations for the Department. Those responsibilities have been dispersed to other administrators. The administrator of the Office of Internal Services now functions as departmental ethics officer and retains responsibility for grants management, internal audits, office automation and data processing, logistical services including vehicle management, telecommunications and facilities management.
Documentation submitted by NJDCA indicates that the work of the Director of Administration, Department of Community Affairs (M38) has been substantially impacted by the removal of assorted duties and responsibilities. The scope and responsibility of this position have been markedly reduced. Six major responsibilities have been removed while one relatively limited responsibility has been added. To reflect the decrease, the Department of Community Affairs has requested that the minimum education be decreased from a Masters degree to a Bachelors degree.
A downward salary range adjustment of four (4) ranges is warranted. A review of the Hay evaluation indicates a change in the know how (scope and variety of knowledge needed), problem solving (analysis, evaluation and reasoning skills) and accountability (answerability for actions and consequences). The title should be changed to Director of Internal Services to better reflect the fundamental changes that have taken place in this position.
CHANGE IN SALARY RANGE AND TITLE Effective: 04/10/99
FROM: Director of Administration, Department of Community Affairs M38-55388 C NL
TO: Director of Internal Services M34-55388 C NL
DATE: August 20, 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
The Department of Labor is requesting that the following job function be reallocated to the Senior Executive Service.
Your approval of the reallocation for the following position number from the career service to the Senior Executive Service is recommended. A review of the assigned job functions has been conducted and the position meets the standard established for inclusion in the Senior Executive Service.
Reallocation of Service Effective Date
FROM: 910042, Assistant Director, Disability Insurance (M34-65078)
TO: 910042, Senior Executive Service (M98-90752)
Justification -- Position Number # 910042
The incumbent of this position will be responsible for administering the line operation of the Disability Determination Services (DDS). The DDS is responsible to process social security disability claims that are filed by residents of New Jersey.
Approval of this action would establish two Assistant Directors within the Division of Disability Determination Services. The initial position which has been allocated to the Senior Executive Service focuses on the administrative support aspects of the operation. The added position would be responsible for supervising the operation of the four regional offices.
The Department of Labor indicates that the Division of Disability Determinations currently carries a pending inventory of over 26,000 pending cases. Many of these cases are in excess of 200 days old. The federal government is anxious for the division to decrease its case backlog while continuing to increase its effort for increased quality control.
The position will be responsible for addressing existing problems relevant to the backlogged cases and quality control. In addition, it will work closely with the managers of regional offices to enhance their professional and leadership development and facilitate the supervision/mentoring of first line supervisors. Also, the position will coordinate various special projects designed to improve productivity, eliminate aged cases and reduce case processing time. The Social Security administration will require dramatic changes in the job responsibility of all claims adjudicators and therefore anticipates extensive retraining for adjudicative and Medical Consultant Staff. The position would be primarily responsible for ensuring that the transition of the "New Disability Process" is accomplished consistently throughout all the regions.
The position is currently vacant. It will be posted following Merit System Board approval of its reallocation.
DATE: April 5, 1999
TO: Janice Mitchell Mintz, Commissioner Department of Personnel
Henry S. Maurer, Director Merit System Practices and Labor Relations
FROM: Marjorie Schwartz, Director Division of Human Resource Management
SUBJECT: Title Consolidation Request
DEPARTMENT OF ENVIRONMENTAL PROTECTION
The Director, Division of Human Resource Management recommends the consolidation of the Environmental Compliance Investigator 2 and 1 and the Supervising Environmental Compliance Investigator as defined in the attached crosswalk. The Environmental Compliance Investigator 3 will remain an active title, serving as a professional port of entry into the Investigator series.
In July of 1996, the Communication Workers of America (CWA), Local 1034 filed a classification appeal on behalf of several Environmental Compliance Investigators. The CWA and the employees represented contended that the Environmental Compliance Investigators were performing duties substantially similar to Investigators within the Department of Environmental Protection. Department of Personnel staff compared data on both title series and found that Supervising Environmental Compliance Investigators and Environmental Compliance Investigator 1's both compared favorably to the Investigator 1 and Environmental Compliance Investigator 2's to the Investigator 2's. Job analysis data did not reveal such similarity between ECI's and Investigators at the 3, or entry level.
The results of this data comparison were shared with staff of both the Department of Environmental Protection and the Communication Workers of America, and the appellants. The CWA further argued that all ECI's, not only those enforcement program staff involved in the instant appeal, should also be assessed for upward reclassification. Prior to taking any action to reclassify the appellants, the Department of Environmental Protection, Division of Human Resource Management, requested that all incumbent ECI's be audited to determine their proper classification.
In order to compensate the appellants of the before mentioned matter for the higher level duties as determined by the Department of Personnel, appellants (in the enforcement program) were tentatively appointed provisional pending promotional exam (PAP) to the appropriate level in the Investigator series effective 8/30/97. Further, the Department of Environmental Protection agreed to a title consolidation of ECI 1 and 2 and Supervising ECI into the Investigator series for all incumbent personnel deemed to be performing work substantially similar to the Investigator 1 and 2.
While conducting audits of remaining Environmental Compliance Investigators by both questionnaire and on-site data gathering, the Department of Personnel received classification appeals from nearly all Investigator 3's and 2's within the Department of Environmental Protection. These Investigators claimed to be performing work at a higher level. On-site audits were conducted on all Investigators. The Division of Human Resource Management again determined that the appellants' case had merit and recommended upward reclassifications for all incumbents audited.
Results from audits of the remaining non-enforcement ECI's revealed that all incumbent ECI 1 and 2's matched the Investigator 1 and 2 job title sufficiently to warrant inclusion in the proposed title consolidation. Therefore, it is recommended that all Environmental Compliance Investigator 1's and 2's and Supervising Environmental Compliance Investigators be consolidated in accordance with the attached crosswalk. Due to the timing of the appeals and related audits, the non-enforcement ECI's will have a PAP appointment date of January 2, 1999.
It should be further noted that while title consolidation and related reclassification work was being completed by Department of Personnel staff, all announcements and examinations for impacted titles were held in abeyance. As a result, incumbents who had been provisionally appointed to higher title could not attain permanent status. This request intends to include these provisionally appointed (PAP) incumbents in the title consolidation based on their last permanent title. In so doing, there will be no negative impact on those who accepted an earlier promotional opportunity. Incumbents who fall into this category are noted by an asterisk (*) on the attached crosswalk.
Once title consolidation efforts are completed, promotional announcements for Investigators will be released. No further holds will be placed on the Investigator examinations. Investigator 2's and 3's provisionally appointed to higher level titles effective June 6, 1998 will be processed in accordance with normal promotional procedures.
TO: Janice Mitchell Mintz DATE: September 15, 1999 Commissioner Henry Maurer, Director Merit Systems Practices and Labor Relations
FROM: Marjorie Schwartz, Director Human Resource Management
SUBJECT: Change in Classification Plan
Department of Military and Veterans Affairs
The State Department of Military and Veterans Affairs has been using the title of Project Specialist for its positions in the Challenge Youth Program which is a 22 week residential voluntary program located at Fort Dix for youths 16 to 18 years old who are high school dropouts.
The goal of this program is to deter high school dropouts from the high percentage of prison incarceration, drug abuse and unemployment characteristic of this group by providing a "second chance" or "new opportunity" to these youths through education, life skills, leadership and employment training, and subsequent mentoring.
We have denied the continued use of the Project Specialist title and have determined the appropriate career service titles for these positions which are to become effective July 3, 1999. As a result of this title transition, the current 40 hour workweek of some of the positions needed to be approved for the State Classification Plan, which was done by the Merit System Board at its meeting of August 31, 1999. The following title was inadvertently omitted for consideration and its approval also recommended.
Additional Workweek Designation Eff: 07-03-99 Instructor Counselor P18 Career WW 4E
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Kenneth Candelori, Supervising Payroll Clerk, Department of Human Services, Division of Youth and Family Services, indefinite suspension and removal.
Valeri Cobbertt, Senior Correction Officer, Department of Corrections, Edna Mahan Correctional Facility for Women, suspension.
John Hoffman, Building Maintenance Worker, Bayonne Housing Authority, removal.
John Monka, Building Maintenance Worker, Morris View Nursing Home, County of Morris, removal and (2) suspensions.
William Moore, Police Officer, Police Department, City of East Orange, removal.
Mary Smith, Senior Security Officer, Rowan University, suspension and demotion.
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:
Kristian Edward Duva, Senior Correction Officer, Juvenile Justice, Department of Law and Public Safety, New Jersey Training School for Boys, removal and suspension.
Edmund Eziaghighala, Family Services Specialist Trainee, (S6024O), Department of Human Services, Division of Youth and Family Services, list removal.
Wayne Leggett, Food Service Worker, Department of Human Services, Atlantic County, removal.
Gene Mack, Human Services Technician, Department of Human Services, Greystone Park Psychiatric Hospital, suspension.
Carmelo Rivera, Human Services Technician, Department of Human Services, Trenton Psychiatric Hospital, removal.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of William Bloodgood Edna Mahan Correctional Facility Department of Corrections Removal
In the Matter of Bennett Davis Edna Mahan Correctional Facility Department of Corrections Suspension
In the Matter of Joan Gustofson East Jersey State Prison Department of Corrections Demotion
In the Matter of Pamela Howell Woodbine Developmental Center Department of Human Services Removal
In the Matter of Yvonne Johnson Division of Youth and Family Services Department of Human Services Removal
In the Matter of Charles Kettleman City of Bayonne Suspension
In the Matter of William Kinnaman Mountainview Youth Correctional Facility Department of Corrections Resignation Not in Good Standing
In the Matter of Nancy McCall County of Monmouth Suspension
In the Matter of Brian Ragauckas Jersey City Police Department Release at End of Working Test Period
In the Matter of Mark Vasser City of Newark School District Resignation Not in Good Standing
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements with the exception of Pamela Howell and Brian Ragauckas which were held over.
A-2 ROBERT LUCAS
Robert Lucas, Omnibus Driver, Burlington County Jail, suspension for 90 days, on charges of conduct unbecoming a public employee, neglect of duty, misuse of public property and violating rules and regulations for custody personnel, staff and contract personnel and rules for custodial personnel and jail employees.
Recommendation of the Administrative Law Judge - Modify the 90 day suspension to a 30 day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-3 HENRY MAGEE
Henry Magee, Firefighter, Fire Department, Town of Kearny, suspension for two months, on charges of failure to perform duties, insubordination, chronic or excessive absenteeism, conduct unbecoming a public employee and neglect of duty.
Recommendation of the Administrative Law Judge - Dismiss the appeal and deny counsel fees.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-4 SIMMIE PIPKIN
Simmie Pipkin, Senior Quality Control Reviewer, Division of Family Development, Department of Human Services, suspension for ten days, on charges of conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Modify the ten day suspension to a three day suspension.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to uphold the 10 day suspension.
A-5 AURORA REEVES
Aurora Reeves, Customer Service Information Specialist 2, Department of Transportation, suspension for 116 days, on two charges (charges 1 and 2) of not following agency procedures and two charges (charges 3 and 4) of conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Dismiss charges 1 and 2 and uphold charges 3 and 4 and the 116 day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-6 JONETTA TABOR
Jonetta Tabor, Supervisor of Nursing Services, Health and Senior Services, Consumer Support - Department of Health and Senior Services, layoff effective February 26, 1999, due to a reduction in force.
Recommendation of the Administrative Law Judge Uphold the layoff
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-7 ELIZABETH COX
Elizabeth Cox, Cottage Training Technician, New Lisbon Developmental Center, Department of Human Services, removal effective September 28, 1998, on charges of physical abuse of a client
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-8 PATRICIA HARVARD
Patricia Harvard, Secretarial Assistant, Typing, City of Newark, removal effective October 10, 1997, on charges of unauthorized use of a municipal vehicle and conduct unbecoming a municipal employee
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith Shaw (Yes)
A-9 LORENZO HERRING
Lorenzo Herring, Senior Correction Officer, Northern State Prison, Department of Corrections, removal effective March 30, 1998, on charges of being in violation of a rule which states racial and/or sexual harassment and conduct unbecoming an employee
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A A-10 ELLA ROBINSON
Ella Robinson, Cottage Training Technician, Vineland Developmental Center, Department of Human Services, removal effective January 29, 1998, on charges of being absent from work as scheduled without permission.
Recommendation of the Administrative Law Judge - Uphold the removal
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A A motion was made and seconded that the open session be recessed and that, pursuant to Section 12(b) of the Open Public Meetings Act, the Merit System Board entered into Executive Session for the purpose of legal advice on the matter of A-11 Andre Vives Rivera and A-12 Nathan Carey. The Board subsequently reconvened the public meeting.
A-11 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 June 21, 1999, modified the recommendation of the Administrative Law Judge and reversed the removal. The matter is now before the Board for reconsideration.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board granted the request for reconsideration and upheld the removal.
A-12 NATHAN CAREY
Nathan Carey, Human Services Assistant, Woodbine Developmental Center, Department of Human Services, removal effective February 11, 1998, on charges of physical abuse of a client. The Merit System Board at its meeting of August 10, 1999, directed that this matter be held over.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board granted the request for reconsideration. A motion was made to reverse the removal and dismiss the charges.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (No) Judith Shaw (No)
The motion did not carry.
A-13 JEFFREY SIENKIEWICZ, BOBBY JENKINS, FRANK JACKSON
(1) Jeffrey Sienkiewicz, Correction Sergeant, New Jersey State Prison, Department of Corrections, removal effective March 27, 1998, on charges of incompetency, inefficiency, or failure to perform duty, conduct unbecoming a public employee and neglect of duty. (2) Bobby Jenkins, Correction Officer, New Jersey State Prison, Department of Corrections, removal effective April 9, 1998, on charges of conduct unbecoming a public employee. (3) Frank Jackson, Correction Sergeant, New Jersey State Prison, Department of Corrections, suspension for 30 days beginning May 9, 1998, on charges of personal conduct and falsification of a report. The Merit System Board at its meeting of August 10, 1999, directed that this matter be held over for a testimony summary.
Recommendation of the Administrative Law Judge - Uphold the removals for Sergeant Jeffrey Sienkiewicz and Senior Correction Officer Bobby Jenkins and uphold the 30 day suspension for Sgt. Frank Jackson.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-14 EMILY GRAHAM-WEBER
Layoff of Emily Graham-Weber, Executive Assistant, Department of Public Safety, Essex County, effective August 30, 1991, for reasons of economy and efficiency. The Merit System Board at its meeting of April 21, 1998, directed that this matter be remanded to the Office of Administrative Law (OAL).
Recommendation of the Administrative Law Judge - Uphold the layoff.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
SECTION B - MISCELLANEOUS MATTERS
B-1 ELVIS ALICEA
Elvis Alicea appeals his rejection as a Police Officer by the City of Trenton 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 EVERETT BATES
Everett Bates appeals his rejection as a County Correction Officer 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-3 SCOTT DUGAN
Scott Dugan, represented by Joseph Licata, Esq., appeals his rejection as a Fire Fighter candidate by the City of Hackensack and its request to remove his name from the eligible list for Fire Fighter on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be granted.
B-4 ISMAEL MARTINEZ
Ismael Martinez, represented by Luis E. Rivera Castro, Esq., appeals his rejection as a County Correction Officer candidate by the County of Hudson and its request to remove his name from the eligible list for County Correction Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that the appellant be referred for independent evaluation.
B-5 DUANE SANTOS
Duane Santos appeals his rejection as a Police Officer 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.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith Shaw (Yes)
B-6 KEVIN SCARLATO
Kevin Scarlato appeals his rejection as a Correction Officer Recruit 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-7 HELEN BARKER-ZERILLO
Helen Barker-Zerillo, a Senior Therapy Program Assistant with the 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 granted.
B-8 ANTHONY GREATHOUSE
Anthony Greathouse, a Senior Correction Officer with the Garden State Reception and Youth Correctional Facility, Department of Corrections (DOC), represented by Stephen Moschini, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-9 THOMAS HAMLYN
Thomas Hamlyn, a Senior Correction Officer at Bayside State Prison, Department of Corrections, represented by Joseph A. Bukowski, President, PBA Local 105, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-10 ROBERT A. WASHINGTON
Robert A. Washington, formerly a Senior Correction Officer at Mid-State Correctional Facility, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-11 RICHARD DELANEY
Richard Delaney, an Engineer, Specifications, Transportation, with the Department of Transportation (DOT), appeals the determination of the Director of the Division of Civil Rights/Affirmative Action with the DOT, stating that appellant failed to present sufficient evidence to establish a prima facie case that he had been discriminated against in applying for promotional opportunities.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith Shaw (Yes)
B-12 KEVIN T. WRIGHT
Kevin T. Wright, a Human Resource Consultant 3 with the Department of Personnel (CSC), appeals the determination of the Commissioner of CSC which found that the appellant failed to present sufficient evidence to support a finding of probable cause that he had been discriminated against based on his sex or race.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith Shaw (Yes)
B-13 KEVIN NOAH
Kevin Noah, represented by John J. Segreto, Esq., appeals the decision of Human Resource Information Services which upheld his bypass on the list for Police Sergeant (PM4768P), Pompton Lakes. This matter was held over from the August 10, 1999 meeting.
ACTION: The Merit System Board granted a hearing.
B-14 GARY PALUSH
Gary Palush 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 Fire Fighter (M1523M), City of Perth Amboy based on his failure to possess the required volunteer Fire Fighter Service.
ACTION: The Merit System Board directed that this appeal be denied.
B-15 MICHAEL SIMEONE
Michael Simeone, represented by Joseph Licata, Esq., appeals the removal of his name from the open competitive list for Police Officer (M5007T), North Bergen.
ACTION: The Merit System Board directed that this appeal be denied.
B-16 ANGEL VALENTIN, JR.
Angel Valentin, Jr., 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 Police Officer (M3394X), Newark eligible list, based on an unsatisfactory driving record.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith Shaw (Yes)
B-17 DATA ENTRY MACHINE OPERATOR (C1144T), PASSAIC COUNTY
The appointing authority's failure to properly dispose of the certification for Data Entry Machine Operator while a provisional appointee is serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board revived the list (C1114T), ordered the appointing authority to remove the provisional, make an appointment from the certification, and pay compliance costs.
B-18 PLUMBER (M4107S), CITY OF NEWARK
The appointing authority's failure to properly dispose of the certification for Plumber while provisional appointees are serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board revived the list (M4107S), ordered the appointing authority to remove the provisional, make an appointment from the certification, and pay compliance costs.
VOTE:Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith Shaw (Yes)
B-19 PRINCIPAL CLERK (M0544T), CITY OF NEWARK
The appointing authority's failure to properly dispose of the certification for Principal Clerk while provisional appointees are serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board revived the list (M0544T), ordered the appointing authority to remove the provisional, make an appointment from the certification, and pay compliance costs.
VOTE:Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith Shaw (Yes)
B-20 STOCK CLERK (C7164W), PASSAIC COUNTY
The appointing authority's failure to properly dispose of the certification for Stock Clerk while provisional appointees are serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board revived the list (C7164W) and ordered the appointing authority to remove the provisional, make an appointment from the certification, and pay compliance costs.
B-21 WORD PROCESSING OPERATOR (M7329W), CITY OF NEWARK
The appointing authority's failure to properly dispose of the certification for Word Processing Operator while provisional appointees are serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board revived the list (M7329W) and ordered the appointing authority to remove the provisional, make an appointment from the certification, and pay compliance costs.
VOTE:Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith Shaw (Yes)
B-22 SHARON CALDWELL
Sharon Caldwell, a Custodial Worker with the State-Operated School District of the City of Newark, represented by John M. Esposito, Esq., seeks enforcement of the part of the Merit System Board decision of October 7, 1997, which granted her back pay, benefits and seniority from December 19, 1995, six months after her removal to the date of her reinstatement on January 11, 1999. Ms. Caldwell also requests counsel fees.
ACTION: The Merit System Board directed the appointing authority to pay appellant $55,882.12, plus interest, grant her 60.5 sick days, and 16 vacation days.
VOTE: Janice Mitchell Mintz (Abstained) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith Shaw (Yes)
B-23 JALAL GHAVAMI
Jalal Ghavami requests enforcement of the June 2, 1998 Merit System Board decision which ordered his reinstatement to his position as an Auditor with the City of Newark, pending the filing of formal charges.
ACTION: The Merit System Board granted a hearing.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith Shaw (Yes)
B-24 EVA TAYLOR
In re: Taylor, 158 N.J. 644 (1999), the New Jersey Supreme Court remanded the removal of Eva Taylor, a Human Services Technician at Greystone Park Psychiatric Hospital, to the Merit System Board for a determination of the proper penalty.
ACTION: The Merit System Board ordered the appointing authority to reinstate appellant following a three month suspension, denied back pay, benefit, seniority, and counsel fees.
B-25 WILLIAM BRENNAN
The Township of Teaneck, represented by Steven N. Davi, Esq., petitions the Merit System Board for a stay and reconsideration of the final administrative decision, rendered on March 23, 1999, which affirmed the Administrative Law Judge's (ALJ) initial decision dismissing a 21-day suspension, upholding a two-day suspension, modifying a 63-day suspension to a 10-day suspension and modifying a five-day suspension to a two-day suspension imposed against William Brennan, a Fire Fighter with the Teaneck Fire Department. Specifically, Teaneck requests reconsideration of the dismissal of the 21-day suspension and the modification of the 63-day and five-day suspensions. Also, the appellant, represented by Frances Farber-Walter, Esq., cross-petitions for reconsideration of the Board's affirmance of the two-day suspension and its modification of the five-day and 63-day suspensions.
ACTION: The Merit System Board denied the requests for a stay and reconsideration.
B-26 ORLANDO FERNANDEZ
Orlando Fernandez, a Correction Officer Recruit, Mid-State Correctional Facility, Department of Corrections, petitions the Merit System Board for reconsideration of the decision, rendered on May 24, 1999, which denied his request for a hearing in regard to his release at the end of his working test period on February 26, 1999.
ACTION: The Merit System Board denied the request for reconsideration.
B-27 GUY SCHAAR
Guy Schaar, a Correction Lieutenant, Mountainview Youth, Correctional Facility, Department of Corrections, represented by Mario A. Iavicola, Esq., petitions the Merit System Board to reconsider the final decision rendered on March 9, 1999, dismissing his appeal without prejudice based on his failure to appear at a scheduled hearing.
ACTION: The Merit System Board granted the request for reconsideration and directed that this case be transmitted to the Office of Administrative Law.
B-28 CATHERINE SCHNEBLE
Catherine Schneble, Administrative Analyst 2, Department of Environmental Protection, represented by Anthony L. Velasquez, Esq., requests reconsideration of the final decision of the Merit System Board rendered March 23, 1999, which upheld the good faith of her layoff effective July 8, 1995.
ACTION: The Merit System Board denied the request for reconsideration.
B-29 THOMAS GRILL AND JAMES WALSH
The City of Newark, represented by Phillip R. Dowdell, Assistant Corporation Counsel, requests a stay of the Merit System Board decision, In the Matter of Thomas Grill and James Walsh (MSB, decided June 21, 1999) pending its appeal to the Superior Court, Appellate Division. Additionally, Thomas Grill represented by John C. Whipple, Esq., and James Walsh, represented by David W. Fassett, Esq., request enforcement of the prior decision reinstating appellants to their positions and counsel fees for the enforcement action.
ACTION: The Merit System Board denied the request for a stay and granted the request for enforcement.
VOTE:Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith Shaw (Yes)
B-30 PATRICK DUNICAN
Patrick Dunican, a Municipal Court Administrator, Township of Pennsauken, petitions the Merit System Board for interim relief in regard to his separation from employment on the basis of his failure to meet the residency requirements for the position.
ACTION: The Merit System Board granted the request.
B-31 DIVISION OF MOTOR VEHICLES, DEPARTMENT OF TRANSPORTATION 1995 LAYOFF
The appeal of 96 employees of the Division of Motor Vehicles, Department of Transportation, of the good faith of their layoff or demotion in lieu of layoff effective July 8, 1995, was heard by Administrative Law Judge Arnold Samuels (ALJ), who rendered his initial decision on July 20, 1999. The Merit System Board, at its meeting on August 31, 1999, accepted the ALJ's recommendation to uphold the layoff. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-32 KEITH JORDAN
The appeal of Keith Jordan, a Police Officer with the City of Newark, of his removal effective August 25, 1995 on charges, was heard by Administrative Law Judge Elinor R. Reiner (ALJ), who rendered her initial decision on April 8, 1999. At its meeting on August 31, 1999, the Merit System Board adopted the recommendation of the ALJ 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.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith Shaw (Yes)
B-33 GERALD MORGAN
The appeal of Gerald Morgan, a Cottage Training Technician with Woodbine Developmental Center, Department of Human Services, of his removal, effective June 4, 1997 on charges, was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on July 14, 1999. At its meeting on August 31, 1999, the Merit System Board adopted the ALJ's recommendation to dismiss the appeal. However, the Board did not adopt his recommendation to dismiss the charges. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
B-34 NORMAN F. FIGUEROA
Kenneth W. Carruth, Township Administrator, Township of Pennsauken, on behalf of Norman F. Figueroa, III, appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the promotional examination for Building Superintendent (PM0022W), Township of Pennsauken.
ACTION: The Merit System Board directed that this appeal be granted.
B-35 JOHN P. HESTER
John P. Hester appeals the determination of the Division of Selection Services that he did not possess the required license in order to be eligible for the open competitive examination for Boiler Operator (M9249A), Jersey City School District.
ACTION: The Merit System Board directed that this appeal be denied.
B-36 MARY SUE LUGIANO
Mary Sue Lugiano appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for the promotional examination for Field Service Supervisor I (PS4631K), Division of Family Development, Department of Human Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-37 ANDRE T. PEPPER
Andre T. Pepper appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the promotional examination for Inspector Mosquito Extermination (PC0212A), Mercer County.
ACTION: The Merit System Board directed that this appeal be granted.
B-38 PAULA MARIE PILLONE
Paula Marie Pillone 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 Health Educator (C0534O), Bergen County.
ACTION: The Merit System Board directed that this appeal be denied.
B-39 ELLIS R. SCHLETT
On behalf of Ellis R. Schlett, the Township of Pennsauken appeals the determination of the Division of Selection Services, which found that Mr. Schlett did not meet the experience requirement for the promotional examination for Truck Driver (PM0737W), Township of Pennsauken.
ACTION: The Merit System Board directed that this appeal be granted.
B-40 DIANE L. SCHIMPF
Diane L. Schimpf appeals the decision of the Division of Selection Services which found that appellant did not meet the experience requirements for the promotional examination for Therapy Program Assistant (Recreation) (PS0548E), New Jersey Veterans Memorial Home at Menlo Park.
ACTION: The Merit System Board directed that this appeal be denied.
B-41 DEBORAH T. WALKER
Deborah T. Walker 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 Habilitation Plan Coordinator (S0378A).
ACTION: The Merit System Board directed that this appeal be denied.
B-42 DON R. WILLIAMS
Don R. Williams appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the open competitive examination for Senior Computer Operator (M6164O), Jersey City School District.
ACTION: The Merit System Board directed that this appeal be granted.
B-43 DATA ENTRY MACHINE OPERATOR TITLE SERIES
The Director, Division of Human Resource Management, requests that those employees who are serving in the Data Entry Machine Operator title services be declared eligible to compete in the promotional examinations for the Customer Service Representative title series, in the Bureau of Vital Statistics and Registration, Division of Management and Administration, Department of Health and Senior Services.
ACTION: The Merit System Board granted the request.
B-44 KEVIN MCMONAGLE
Kevin McMonagle appeals his score on the examination for Fire Lieutenant (PM40945U), Bayonne.
ACTION: The Merit System Board directed that this appeal be denied.
B-45 KENNETH CHILDRESS
Kenneth Childress appeals his score on the examination for Fire Lieutenant (PM1199T), Plainfield.
ACTION: The Merit System Board directed that this appeal be denied.
B-46 MICHAEL HARRIS
Michael Harris appeals his score on the examination for Fire Captain (PM1187T), East Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-47 STEVE A. SHIPMAN, ONE DAY SUSPENSION
Steve A. Shipman, Senior Correction Officer, Department of Corrections, appeals minor discipline of a one day suspension.
ACTION: The Merit System Board granted a hearing.
B-48 JOSEPH VERDEROSA
Joseph Verderosa, represented by Vincenza Leonelli-Spina, Esq., appeals his score on the oral examination for Fire Lieutenant (PM2787S), Clifton.
ACTION: The Merit System Board directed that this appeal be denied.
B-49 ENVIRONMENTAL COMPLIANCE INVESTIGATOR, DEPARTMENT OF ENVIRONMENTAL PROTECTION
The Director, Division of Human Resource Management, requests consolidation of Supervising Environmental Compliance Investigator (class code 23) and Environmental Compliance Investigator 1 (class code 21) titles into the Investigator 1 title (class code 25), and consolidation of the Environmental Compliance Investigator 2 (class code 18) title into the Investigator 2 (class code 22) title.
ACTION: The Merit System Board granted the request.
B-50 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of August 31 1999, are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of August 31, 1999.
B-51 EARLY SETTLEMENTS
Glen DeNault East Jersey State Prison Department of Corrections Removal
Jacqueline Fox Trenton Psychiatric Hospital Department of Human Services 20 day suspension
Zina Greene Edna Mahan Correctional Facility Department of Corrections 15 day suspension and (2) removals
Leoni M. Pinheiro Juvenile Justice Commission 10 day suspension
Donald Rogers Ramapo College of New Jersey Removal
Jacquie Shogeke Northern State Prison Department of Corrections Resignation not in good standing
Janine Watts New Jersey State parole and Community Programs Resignation not in good standing
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, September 28, 1999, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
__________________________________ JANICE MITCHELL MINTZ CHAIRWOMAN MERIT SYSTEM BOARD
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