A regular meeting of the Merit System Board was held on Tuesday, September 28, 1999, in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz; Merit System Board Members, Alan Dexter Bowman, Margaret E.L. Howard and Judith L. Shaw, Andrea Grundfest, Deputy Attorney General; Henry Maurer, Director, Elizabeth A. Napolitano, Sybil Janowitch and Charles Spano, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, Janice Mitchell Mintz, Chairwoman, Merit System Board, opened the meeting with the following statement:
Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on November 30, 1998 and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.
All other actions were by unanimous vote unless otherwise specified.
State
The Merit System Board approved the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof.
DATE: September 21, 1999
TO: Janice Mitchell Mintz Commissioner
Henry Maurer, Director Merit System Practices and Labor Relations
FROM: Majorie J. Schwartz, Director Human Resource Management
SUBJECT: Change in State Classification Plan
DEPARTMENT OF BANKING & INSURANCE
The Director, Division of Banking and Director, Division of Insurance was created in N.J.S.A. 17:1-14 (L.1996,c.45,s.4.). The Department of Banking & Insurance is requesting the establishment of two unclassified titles to be utilized in the Department of Banking & Insurance. Each Director shall be appointed by the Governor, with the advice and consent of the Senate and serve at the pleasure of the Governor.
CREATE: Effective: 9/25/99
Director, Division of Banking X98 Unclassified NL
Director, Division of Insurance X98 Unclassified NL
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Richard Brown Mercer County Correction/Youth Service Suspension
In the Matter of Ivan Carter Essex County Department of Citizen Services Release at the End of Working Test Period
In the Matter of Ian Dampman North Jersey Developmental Center Department of Human Services Removal
In the Matter of Thomas Dooley Township of Pemberton Suspension and Removal
In the Matter of James Jones, Jr. City of Roselle Department of Public Works Removal
In the Matter of Jozanne LaBracio Department of Human Services Suspension
In the Matter of Jeffrey Logan Department of Corrections Removal
In the Matter of Mary Beth Mann State of New Jersey Judiciary - Essex Vicinage Removal
In the Matter of Florence Mihaich Department of Labor Removal
In the Matter of Fedele Nicolaro City of East Orange Suspension
In the Matter of Davidson Okere Division of Youth and Family Services Department of Human Services List Removal
In the Matter of Constance Peak Edna Mahan Correctional Facility for Women Department of Corrections Suspension
In the Matter of Patricia Shelton State Operated School District of the City of Newark Suspension
In the Matter of Robert Starcher Bayside State Prison Department of Corrections Removal
In the Matter of John Warren New Jersey State Prison Department of Corrections Suspension and Removal
In the Matter of Michael Zielinski Township of Willingboro Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements with the exception of Jeffrey Logan and Davidson Okere which were held over.
A-2 JOHN DEBENEDICTIS
John DeBenedictis, Correction Sergeant, Northern State Prison, Department of Corrections, suspension for ten days, on charges of racial and/or sexual harassment, discrimination and/or retaliation.
Recommendation of the Administrative Law Judge - Dismiss the charges and reverse the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-3 RUTH MARIE DEMARCO
Ruth Marie DeMarco, Practical Nurse, Monmouth County, Medical Homes, (1) 30 day suspension from September 22, 1997 to November 4, 1997 and (2) a removal effective September 28, 1998, on charges of (1) unsatisfactory performance of duties, violation of a rule, regulation or procedure and serious mistake due to carelessness, (2) abuse of sick leave (patterned absences), tardiness and standards of practice not met regarding medication.
Recommendation of the Administrative Law Judge - Uphold the 30 day suspension and modify the removal to a suspension extending from September 28, 1998 to the date of the final disposition of her appeal.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to uphold the suspension and removal.
A-4 JAMES JOHNSON
James Johnson, Program Analyst, Health and Human Services, Camden County, layoff effective May 13, 1997.
Recommendation of the Administrative Law Judge - Reverse the layoff.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-5 DIANE SACCHIERO
Diane Sacchiero, Clerk Typist, Essex County, layoff effective June 6, 1997.
Recommendation of the Administrative Law Judge - Uphold the layoff.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-6 DAVID BALCHUNAS
David Balchunas, Senior Correction Officer, Mid State Correctional Facility, Department of Corrections, removal effective June 5, 1998, on charges of conduct unbecoming a public employee and prowling in a public place for the purpose of obtaining controlled substances.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board directed that this matter be held over.
A-7 RICHARD CLARK
Richard Clark, Parking Meter Collector, City of Bayonne, Department of Public Safety, removal effective July 22, 1994, on charges of official misconduct, failure to perform duties, failure to follow regulations for proper collection and disposition of parking meter coins, conduct unbecoming a public employee and misuse of public property
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-8 CARL CRUZ
Carl Cruz, Laborer, Lower Township, Department of Public Works, indefinite suspension pending court proceedings, on charges of inability to perform duties. Specifically, the appointing authority asserted that the appellant's driving privilege was revoked for two years, preventing him from performing the duties of his position.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to uphold the removal, but reversed the indefinite suspension and awarded back pay for the period of the indefinite suspension.
A-9 BILAL MUHAMMAD
Bilal Muhammad, Human Services Technician, Ancora Psychiatric Hospital, Department of Human Services, removal effective February 8, 1998, on charges of neglect of duty which could result in danger to persons, sleeping while on duty and falsification: intentional misstatement of material fact in connection with employment.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-10 TIMOTHY ROEHRICH
Timothy Roehrich, Code Enforcement Officer, Jackson Township Police, removal effective January 27, 1998, on charges of inability to perform duties, chronic or excessive absenteeism and failure to submit a detailed medical report.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a resignation in good standing.
A-11 JOSEPH SPENCER
Joseph Spencer, Senior Correction Officer, Garden State Reception and Youth Correctional Facility, Department of Corrections, removal effective September 24, 1996, on charges of use, possession or sale of any controlled dangerous substance and 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-12 ANNETTA ALLEN
Annetta Allen, Cottage Training Technician, New Lisbon Developmental Center, Department of Human Services, removal effective May 4, 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 for a testimony summary.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-13 DUANE NELSON - SETTLEMENT
Initial removal effective September 10, 1997, on charges of falsification: intentional misstatement of material fact in connection with work, attendance, record, or report. Settled to a six month suspension and reinstatement effective March 11, 1998. The Merit System Board at its meeting of August 10, 1999, directed that this matter be held over for clarification.
Recommendation of the Administrative Law Judge - Acknowledge the settlement.
ACTION: The Merit System Board acknowledged the settlement.
SECTION B - MISCELLANEOUS MATTERS
B-1 SHAWN LASHLEY
Shawn Lashley appeals his rejection as a Juvenile Detention Officer candidate by the County of Monmouth and its request to remove his name from the eligible list for Juvenile Detention 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 REGINALD ANYICHIE
Reginald Anyichie appeals his rejection as a Parole Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Parole Officer Recruit on the basis of medical unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be granted.
B-3 JASON ORTIZ
Jason Ortiz, represented by Ronald J. Ricci, Esq., appeals his rejection as a Police Officer candidate by the City of Newark and its request to remove his name from the eligible list for Police Officer on the basis of medical unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be granted.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes)
B-4 TAWANA THOMAS
Tawana Thomas appeals her rejection as a Parole Officer Recruit candidate by the Department of Corrections and its request to remove her name from the eligible list for Parole Officer Recruit on the basis of medical unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be granted.
B-5 DOROTHY BEERS
Dorothy Beers, a Principal Audit Account Clerk with the Department of Labor, represented by Lawrence E. Popp, Esq., appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-6 ROSEMARIE HUFNER
Rosemarie Hufner, an Employment and Training Specialist 1 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-7 GAIL TYLER
Gail Tyler, a former Senior Correction Officer at Edna Mahan, Correctional Facility, Department of Corrections, represented by Robert A. Fagella, Esq., appeals the denial of sick leave injury (SLI) benefits. Appellant also requests counsel fees.
ACTION: The Merit System Board granted the request for sick leave injury but denied the request for counsel fees.
B-8 CHRISTOPHER GIALANELLA, ET AL.
Christopher Gialanella, Edgardo Gonzalez, Juan Gonzalez, Silas Smith, Edras Suero and Anthony Venancio, represented by A.J. Fusco, Esq., petitions the Merit System Board for interim relief in regard to their release at the end of the working test period in the title of Police Officer, City of Newark, effective July 23, 1999.
ACTION: The Merit System Board denied the request for interim relief for appellants Edgardo Gonzales, Juan Gonzalez, and Edras Suero but granted in part the request for interim relief for appellants Christopher Gialanella, Silas Smith and Anthony Venancio.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes)
B-9 COMPUTER OPERATOR (M6389O & M6679A), TOWN OF IRVINGTON
The appointing authority's failure to properly dispose of the certification for Computer Operator 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 appointees, make an appointment form the certification, and pay compliance costs.
B-10 CUSTOMER SERVICE REPRESENTATIVE (M4428S), CITY OF NEWARK
The appointing authority's failure to properly dispose of the certification for Customer Service Representative while a provisional appointee is serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board directed that the eligible list be revived, ordered the appointing authority to remove the provisional appointee, make and appointment from the certification and pay compliance costs.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes)
B-11 RECREATION LEADER (SPECIAL REEMPLOYMENT LIST), CITY OF NEWARK
The appointing authority's failure to properly dispose of the certification for Recreation Leader 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 appointee, make and appointment from the certification and pay compliance costs.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes)
B-12 SENIOR PROGRAM MONITOR (M0741U & M6279O), CITY OF NEWARK
The appointing authority's failure to properly dispose of the certification for Senior Program Monitor while a provisional appointee is serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing authority to remove the provisional appointee, make and appointment from the certification and pay compliance costs.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes)
B-13 CHARLES J. ROWAN, JR.
The Town of Kearney, represented by Kenneth P. Davie, Assistant Town Attorney, appeals the reinstatement of Charles J. Rowan, Jr., to the position of Fire Fighter, pursuant to the determination of the Police and Fireman's Retirement System (PFRS) that he is fit for duty.
ACTION: The Merit System Board directed that this appeal be denied.
B-14 MARIO LALAMA
The appeal of Mario Lalama, a Fire Fighter with the City of Paterson Department of Public Safety, of his removal effective April 15, 1997 on charges was heard by Administrative Law Judge Margaret M. Hayden (ALJ), who rendered her initial decision on June 24, 1999. At its meeting on August 10, 1999, the Merit System Board did not adopt the recommendation of the ALJ to uphold the removal. Rather, the Board concluded that the removal was not justified, and vacated the penalty. 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 (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Abstained)
B-15 DEBORAH BOOKACH
Deborah Bookach appeals the decision of the Division of Selection Services which found that she did not meet the eligibility requirements for the open competitive examination for Affirmative Action Specialist (S0197O).
ACTION: The Merit System Board directed that this appeal be denied.
B-16 LEWIS BROOKS
Lewis Brooks appeals the decision of the Division of Selection Services which found that he did not meet the requirements for the open competitive examination for Investigator County Medical Examiner's Office (C6135O), Gloucester County.
ACTION: The Merit System Board directed that this appeal be granted.
B-17 MONICA M. FREDLUND
Monica M. Fredlund appeals the determination of the Division of Selection services, which found that she did not meet the experience requirement for the promotional examination for Office Automation Specialist 2 (PS6998K), Division of Youth and Family Services.
ACTION: The Merit System Board directed that this appeal be granted.
B-18 LAURA E. KLINE
Laura E. Kline appeals the decision of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Assistant Personnel Officer (PM0162W), City of Bayonne.
ACTION: The Merit System Board directed that this appeal be denied.
B-19 JUAN C. PUIG
Juan C. Puig 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 Community Organization Specialist (C0623W), Hudson County.
ACTION: The Merit System Board directed that this appeal be denied.
B-20 MARIE A. TANE
Marie A. Tane appeals the decision of the former Supervisor, Selection Appeals Unit which found that appellant did not meet the announced requirement to submit a copy of a transcript or list of acceptable courses for the open competitive examination for Child Support Worker (C1456T), Somerset County.
ACTION: The Merit System Board directed that this appeal be denied.
B-21 SUSAN WEBER
Susan Weber appeals the determination of the Division of Selection Services which found that she did not meet the education requirements for the promotional examination for Supervising Planner (PS5697T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be granted.
B-22 MONTY APPLEWHITE
Monty Applewhite, represented by Vincenza Leonelli-Spina, Esq., appeals his score on the examination for Fire Captain (PM1187T), East Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-23 STEPHEN BISSEL
Stephen Bissel appeals his score on the examination for Fire Lieutenant (PM0945U), Bayonne.
ACTION: The Merit System Board directed that this appeal be denied.
B-24 MARIE T. BONICA
Marie T. Bonica appeals the determination of the Division of Selection services that she failed to achieve a passing score on the promotional examination for Supervising Clerk Typist (PS0140W), Monmouth County Prosecutor's Office.
ACTION: The Merit System Board directed that this appeal be denied.
B-25 JOSEPH BOPP
Joseph Bopp appeals his score on the examination for Fire Captain (PM1187T), East Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-26 EUGENE BRENNAN
Eugene Brennan appeals his score on the examination for Fire Lieutenant (PM0945U), Bayonne.
ACTION: The Merit System Board directed that this appeal be denied.
B-27 CHRISTOPHER COLLOVA
Christopher Collova appeals his score on the examination for Fire Lieutenant (PM1343U), Hackensack.
ACTION: The Merit System Board directed that this appeal be denied.
B-28 KEVIN COTTER
Kevin Cotter appeals his score on the examination for Fire Lieutenant (PM0945U), Bayonne.
ACTION: The Merit System Board directed that this appeal be denied.
B-29 WILLIAM DEMONTREUX
William Demontreux appeals the score of the oral portion of the examination for Fire Captain (PM1192T), Weehawken.
ACTION: The Merit System Board directed that this appeal be denied.
B-30 ROBERT HERMAN
Robert Herman appeals his score on the examination for Fire Captain (PM0942U), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-31 KENNETH HUFF
Kenneth Huff appeals his score on the examination for Fire Captain (PM0944U), City of Orange.
ACTION:
B-32 ROBERT KLECZYNSKI
Robert Kleczynski appeals his score on the examination for Fire Lieutenant (PM0945U), Bayonne.
ACTION The Merit System Board directed that this appeal be denied.
B-33 JOSEPH LANNI
Joseph Lanni appeals his score on the examination for Fire Captain (PM0939U), Bayonne.
ACTION: The Merit System Board directed that this appeal be denied.
B-34 MICHAEL MAGUIRE
Michael Maguire appeals his score on the examination for Fire Captain (PM0939U), Bayonne.
ACTION: The Merit System Board directed that this appeal be denied.
B-35 ROBERT MCCLINTOCK
Robert McClintock appeals his score on the examination for Fire Lieutenant (PM1343U), Hackensack.
ACTION: The Merit System Board directed that this appeal be denied.
B-36 BRIAN MUEHE
Brian Muehe appeals his score on the examination for Fire Lieutenant (PM0941U), Irvington.
ACTION: The Merit System Board directed that this appeal be denied.
B-37 RAYMOND RIGGI
Raymond Riggi appeals his score on the examination for Fire Captain (PM0942U), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-38 DOUGLAS SISK
Douglas Sisk appeals his score on the examination for Fire Captain (PM0939U), Bayonne.
ACTION: The Merit System Board directed that this appeal be denied.
B-39 DONALD STRUCK
Donald Struck appeals his score on the examination for Fire Captain (PM0942U), Linden.
ACTION: The Merit System Board directed that this appeal be denied.
B-40 WAYNE A. WEAVER
Wayne A. Weaver appeals his score on the promotional examination for Purchasing Agent (M0567O), City of Vineland.
ACTION: The Merit System Board directed that this appeal be denied.
B-41 NJAC4A:6-4.2 AND 4.5 (HRDI)
It is recommended that the reproposed amendments to N.J.A.C. 4A:6-4.2 and 4.5 (HRDI), be approved for publication in the New Jersey Register.
ACTION: The Merit System Board directed that this matter be held over.
B-42 ERIC FLAKE
The Superior Court, Appellate Division, has reversed the counsel fee award made by the Merit System Board on January 13, 1998, to Eric Flake, a Truck Driver with New Lisbon Developmental Center, Department of Human Services, and remanded the matter to the Board for reconsideration.
ACTION: The Merit System Board granted the request for additional counsel fees in the amount of $494.00.
B-43 BRUCE LONG
The Superior Court, Appellate Division, has remanded for reconsideration the decision of the Merit System Board rendered on July 7, 1998, awarding counsel fees to Bruce Long, Business Manager II, New Lisbon Developmental Center, Department of Human Services.
ACTION: The Merit System Board granted the request for additional counsel fees in the amount of $2,130.00.
B-44 MAHALA WELCH
The Superior Court, Appellate Division, has remanded for reconsideration the decision of the Merit System Board rendered on October 14, 1998, awarding counsel fees to Mahala Welch, an Institutional Attendant, Preakness Hospital, Passaic County.
ACTION: The Merit System Board granted the request for additional counsel fees in the amount of $2,145.00.
B-45 EARLY SETTLEMENTS
Eric L. Cook Department of Law and Public Safety New Jersey Training School for Boys (4) Removals
Dolores Daddio Department of Banking and Insurance Removal
Lillian Dawkins Vineland Developmental Center Department of Human Services Release at the end of the working test period
Lisa Taylor Vineland Developmental Center Department of Human Services 10 day suspension
Clara Thraen Woodbine Developmental Center Department of Human Services 20 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, October 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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