Janice Mitchell Mintz, Chairwoman Alan Dexter Bowman Margaret E. L. Howard Judith L. Shaw Leo R. Vartan
A regular meeting of the Merit System Board was held on Tuesday, November 9, 1999, in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz; Merit System Board Members, Alan Dexter Bowman, Margaret E.L. Howard, Judith L. Shaw, and Leo R. Vartan; Elizabeth Laufer, Deputy Attorney General; Henry Maurer, Director, Elizabeth A. Napolitano, Sybil Janowitch and Charles Spano, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, Janice Mitchell Mintz, Chairwoman, Merit System Board, opened the meeting with the following statement:
Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on November 30, 1998 and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.
All other actions were by unanimous vote unless otherwise specified.
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:
Robert Asken, Laborer, Township of Verona, removal.
Jerome Jewell, Police Officer, City of Newark, removal.
Judith Leeds, Senior Correction Officer, Department of Corrections, Edna Mahan Correctional Facility for Women, suspensions.
Diedre Lloyd, Practical Nurse, Department of Human Services, Vineland Developmental Center, removal.
Howard A. Nelson, Bridge Repairer, County of Monmouth, suspension and removal.
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:
Lawrence Daniels, Senior Correction Officer, Department of Corrections, East Jersey State Prison, suspension.
Conrad Jackson, Sewer Repairer, City of Passaic, removal. SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of John Johnson Vineland Developmental Center Department of Human Services Suspension and Removal
In the Matter of James D. Marsala New Jersey State Prison Department of Corrections Suspension
In the Matter of Eric Nielsen Mountainview Youth Correctional Facility Department of Corrections Suspension
In the Matter of Guy Petinga Atlantic City Non-Selection from Atlantic City Eligible List
In the Matter of Ivory Ward County of Burlington Suspensions
In the Matter of Jacqueline Wynder County of Cumberland Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements.
A-2 LAURENCE BERMAN
Laurence Berman, Income Maintenance Technician, Union County Department of Human Services, layoff effective April 1, 1997, 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-3 PATRICIA CAFFEE
Patricia Caffee, Building Maintenance Worker, Department of Buildings and Grounds, Burlington County, release at the end of the working test period due to unsatisfactory service.
Recommendation of the Administrative Law Judge - Uphold the release at the end of the working test period and reimburse appellant for one-half sick day.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-4 WILLIAM FRANKO
William Franko, Classification Officer 3, Garden State Youth Correctional Facility, Department of Corrections, suspension for 15 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 directed that this matter be held over.
A-5 BARBARA HENRY
Barbara Henry, Human Services Technician, Ancora Psychiatric Hospital, Department of Human Services, resignation not in good standing effective January 29, 1998, on charges of abandonment, absent from duty for five or more consecutive business days without approval.
Recommendation of the Administrative Law Judge - Reverse the resignation not in good standing.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to uphold the resignation not in good standing.
A-6 MARTIN KAY
Martin Kay, Public Safety Telecommunicator, Emergency Management Services, Burlington County, suspensions for 9 days and 20 days, on charges of chronic or excessive absenteeism or lateness and failure to report for work at specified time and failure to call.
Recommendation of the Administrative Law Judge - Uphold the 9-day and 20-day suspensions.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-7 JOHN OSZVART
John Oszvart, Hearing Officer, Department of Corrections, suspension for ten days, on charges of absent from work as scheduled without permission, failure to follow call in procedure, insubordination: intentional disobedience or refusal to accept an order, assaulting or resisting authority, disrespect or use of insulting or abusive language to a supervisor.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-8 LUCIANO REA
Luciano Rea, Assessing Aide, Assessing Department, Township of Teaneck, layoff effective December 30, 1994, for reasons of economy and efficiency.
Recommendation of the Administrative Law Judge - Uphold the layoff.
ACTION: The Merit System Board directed that this matter be held over.
A-9 WILFORD SMITH
Wilford Smith, Director of Custody Operations, New Jersey State Prison, Department of Corrections, suspension for 45 days, on charges of discrimination that affects equal employment opportunity including sexual harassment.
Recommendation of the Administrative Law Judge - Uphold the suspension.
ACTION: The Merit System Board directed that this matter be held over.
A-10 LLOYD VESSELS
Lloyd Vessels, Correction Sergeant, Garden State Reception and Youth Correctional Facility, Department of Corrections, suspension for 45 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 - Modify the 45-day suspension to a 30-day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-11 PAULINE WILLIAM
Pauline Williams, Certified Hospital Attendant, Buttonwood Hospital, Burlington County, suspension for 10 days, on charges of incompetency, inefficiency or failure to perform duties, neglect of duty, failure to stay for resident care during a staffing emergency and chronic or excessive absenteeism or lateness.
Recommendation of the Administrative Law Judge - Uphold the ten day suspension.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-12 WARADAH DASENT
Waradah Dasent, County Correction Officer, Middlesex County, Adult Corrections Center, removal effective June 28, 1997, on charges of inability to perform duties, chronic or excessive absenteeism or lateness, and abandonment, absent from duty for five or more consecutive business days without supervisory approval.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board directed that this matter be held over.
A-13 DONNELL DAVIS
Donnell Davis, Youth Worker, Woodbridge Child Diagnostic and Treatment Center, Department of Human Services, removal effective September 17, 1998, on charges of physical abuse of a resident.
Recommendation of the Administrative Law Judge - Modify the removal to a 90 day suspension.
ACTION: The Merit System Board directed that this matter be held over.
A-14 TELISSA DOWLING
Telissa Dowling, County Correction Officer, Department of Public Safety, Hudson County, removal effective June 14, 1994, on charges of conduct unbecoming a public employee, neglect of duty, insubordination and failure to perform duties.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board directed that this matter be held over.
A-15 GARY KUHNS
Gary Kuhns, Senior Correction Officer, Bayside State Prison, Department of Corrections, removal effective May 9, 1997, on charges of 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-16 DOUGLAS PERKINS
Douglas Perkins, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, removal effective June 26, 1998, on charges of physical abuse of a patient.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-17 TERESE SCOTT
Terese Scott, Clerk, Judiciary, Camden Vicinage, release at the end of the working test period effective October 22, 1998, for reasons of poor performance.
Recommendation of the Administrative Law Judge - Dismiss the appeal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-18 MIRA SHAH
Mira Shah, Income Maintenance Worker, Union County Division of Social Services, Union County Department of Human Services, removal effective June 4, 1998, on charges of inability to perform duties.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-19 WINFIELD THOMAS
Winfield Thomas, Building Maintenance Worker, Trenton Housing Authority, removal effective February 7, 1997, on charges of conduct unbecoming a public employee and neglect of duty.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo R. Vartan (Yes)
A-20 JEFFREY LOGAN - SETTLEMENT
Initial removal effective November 15, 1996, on charges of conduct unbecoming a public employee and use, possession or sale of any controlled dangerous substance. Settled to a resignation in good standing. The Merit System Board at its meeting of September 28, 1999, directed that this matter be held over for the receipt of a letter clarifying the terms of the settlement.
Recommendation of the Administrative Law Judge - Acknowledge the settlement.
ACTION: The Merit System Board acknowledged the settlement.
SECTION B - MISCELLANEOUS MATTERS
B-1 WILLIAM STRAIN
William Strain appeals his rejection as a Sheriff's Officer by the County of Monmouth and its request to remove his name from the eligible list for Sheriff's 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 ALBERTO VASQUEZ
Alberto Vasquez, represented by Lane J. Biviano, Esq., appeals his rejection as a Police Officer candidate by the City of Bayonne and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-3 MICHAEL WALKER
Michael Walker, represented by A.J. Fusco, Esq., appeals his rejection as a Police Officer candidate by the City of Paterson 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 granted.
B-4 DONNA ARCIERI
Donna Arcieri, a Principal Laboratory Technician (Microbiology) with the Department of Health and Senior Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-5 CAROL BENNETT
Carol Bennett, a former Senior Correction Officer at East Jersey State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be referred to the Medical Examiners Panel
B-6 ELSIE BLAKESLEE
Elsie Blakeslee, a Principal Data Entry Machine Operator with the Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-7 JOANNE CHASE
Joanne Chase, a Senior Therapy Program Assistant with New Lisbon 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-8 RICHARD FOSTER
Richard Foster, a Field Service Supervisor 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 denied.
B-9 MAUREEN HALPIN
Maureen Halpin, a Senior Parole Officer with the Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-10 MADELINE MENZEL
Madeline Menzel, formerly a Mortality Coding Clerk 1 with the Department of Health and Senior Services, represented by Joy Schulman, CWA Local 1024, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-11 THOMAS MOORE
Thomas Moore, 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 granted.
B-12 ALLEN NIETZ
Allen Nietz, a Welder 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 granted in part.
B-13 THOMAS RENNA
Thomas Renna, a former Area Supervisor, Highway Maintenance, with the Department of Transportation, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-14 PETER VINCENT
Peter Vincent, a Cottage Training Technician with New Lisbon 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-15 BARBARA WHITAKER
Barbara Whitaker, a Human Services Technician with the New Jersey Veterans' Memorial Home at Vineland, Department of Military and Veterans' Affairs, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-16 THOMAS CERWINSKI
Thomas Cerwinski, represented by Philip Feintuch, Esq., appeals the decision of Human Resource Information Systems which found that Jersey City had presented a sufficient basis to remove appellant's name from the Police Officer (M3382X) eligible list due to an unsatisfactory background report.
ACTION: The Merit System Board directed that this appeal be denied.
B-17 WILLIAM A. CROWELL, II
William A. Crowell, II, represented by Jason Holt, Esq., appeals the decision of Human Resource Information Systems which found that the City of Newark had presented a sufficient basis to remove appellant's name from the Police Officer (M3394X) eligible list due to his failure to satisfy the City's residency requirement.
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) Leo R. Vartan (Yes)
B-18 JAMES FAUCI
Monmouth County appeals the decision of Human Resource Information Services which found that James Fauci was improperly removed from the list for Assistant Nursing Home Administrator (C6396W), Monmouth County.
ACTION: The Merit System Board directed that this appeal be denied.
B-19 ROMAN GANKIEWICZ
Roman Gankiewicz, represented by Franics J. Hartman, Esq., appeals the decision of the Director of Human Resource Information Services which found that the appellant was properly removed from the list for Chief of Personnel and Labor Relations (M6579W), Hamilton Township.
ACTION: The Merit System Board directed that this matter be held over. B-20 UZOMA OJINNAKA
Uzoma Ojinnaka appeals the removal of his name from the Police Officer (M3394X), City of Newark eligible list due to his failure to respond to a certification notice.
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 L. Shaw (Yes) Leo R. Vartan (Yes)
B-21 FRANCISCO ORTIZ
Francisco Ortiz, represented by Vincent C. Scoca, Esq., appeals the decision of Human Resource Information Systems which found that the City of Newark had presented a sufficient basis to remove the appellant's name from the Police Officer (M3394X) eligible list due to 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 L. Shaw (Yes) Leo R. Vartan (Yes)
B-22 ATOM RIBEN
Atom Riben appeals the decision of Human Resource Information Systems which found that the appointing authority had presented a sufficient basis to remove appellant's name from the eligible list for County Correction Officer (C6342S), Middlesex County, due to an unsatisfactory criminal record.
ACTION: The Merit System Board directed that this appeal be denied.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (No) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo R. Vartan (Yes)
B-23 STEVEN SCOTT
Steven Scott, represented by Richard S. Robinson, Esq., appeals the decision of Human Resource Information Systems which found that the City of Newark had presented a sufficient basis to remove the appellant's name from the Police Officer (M3394X) eligible list due to 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 L. Shaw (Yes) Leo R. Vartan (Yes)
B-24 BETH PECKOWYCH
The Department of Corrections (DOC) appeals the decision of Human Resource Information Systems which restored appellant's name to the Parole Officer Recruit (S1405S) eligible list because DOC had not sufficiently documented and supported that she did not appear for pre-employment processing.
ACTION: The Merit System Board directed that this appeal be granted and appellants name be removed from the eligible list.
B-25 JONATHAN SABATINO
The appeal of Jonathan Sabatino, a Building Maintenance Worker with the County of Monmouth, represented by James W. Kennedy, Esq., concerning his removal on charges, was heard by Administrative Law Judge Joseph F. Martone (ALJ), who rendered his initial decision on September 23, 1999, acknowledging the settlement of the parties.
ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.
B-26 SANDRA SINGLETON
The appeal of Sandra Singleton, a County Correction Officer, with the County of Mercer, represented by Stuart A. Tucker, Esq., concerning her removal on charges was heard by Administrative Law Judge Bruce R. Campbell (ALJ), who rendered his initial decision on June 14, 1999, acknowledging the settlement of the parties.
ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.
B-27 DENNIS TASSIE, ET AL.
Lieutenant Dennis Tassie, Sergeant Anthony Caruso, and Police Officers Marisol Gonzalez-Cardona, Michael Clegg and Wendell Harper, represented by Anthony J. Fusco, Jr., Esq., petition the Merit System Board for a stay of their indefinite suspensions by the City of Newark, effective July 30, 1999, pending the outcome of criminal charges against them.
ACTION: The Merit System Board granted the request in part.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Abstained) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo R. Vartan (Yes)
B-28 WILLIAM C. WHITE, SR.
William C. White, Sr., Senior Correction Officer, Garden State Reception and Youth Correctional Facility, Department of Corrections, petitions the Merit System Board for reconsideration of the final administrative decision rendered on July 7, 1999, dismissing his appeals based on his failure to appear at a settlement conference.
ACTION: The Merit System Board granted the request for reconsideration and directed that the matter be transmitted to the Office of Administrative Law for a hearing.
B-29 PROGRAM MONITOR, AMERICANS WITH DISABILITIES ACT (S6110O), DEPARTMENT OF THE TREASURY
The appointing authority requests permission not to make an appointment from the certification for Program Monitor, Americans with Disabilities Act (S6110O), Department of the Treasury.
ACTION: The Merit System Board granted the request but assessed costs of $8,285.
B-30 ZONING OFFICER (M6140O), CITY OF HACKENSACK
The appointing authority requests permission not to make an appointment from the certification for Zoning Officer (M6140O), City of Hackensack.
ACTION: The Merit System Board granted the request but assessed costs of $2,048.
B-31 ANNETTA ALLEN
The appeal of Annetta Allen, Cottage Training Technician, New Lisbon Developmental Center, Department of Human Services, of her removal effective May 4, 1998 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 September 28, 1999, adopted the ALJ's recommendation that the removal be reversed. 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 (Yes) Leo R. Vartan (Abstained)
B-32 WILLIAM BARTLESON, JR.
The appeal of William Bartleson, Jr., a Correction Officer Recruit with Bayside State Prison, Department of Corrections, regarding his removal effective May 14, 1998 on charges, was heard by Administrative Law Judge M. Kathleen Duncan (ALJ), who rendered her initial decision on July 21, 1999 modifying the removal to a 60-day suspension. At its meeting on October 13, 1999, the Board did not affirm the ALJ's recommendation that the removal be modified. Rather, the Board sustains the charges and concludes that the appointing authority's action in removing the appellant was appropriate. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board directed that this matter be held over.
B-33 CARL CRUZ
The appeal of Carl Cruz, a Laborer with the Lower Township Department of Public Works, of his indefinite suspension effective March 24, 1998 and removal effective June 4, 1998 on charges, was heard by Administrative Law Judge John R. Tassini (ALJ), who rendered his initial decision on August 16, 1999 upholding the removal. At its meeting on September 28, 1999, the Board adopted the ALJ's recommendation that the appellant's removal be upheld but determined that the appellant was entitled to back pay from March 24, 1998 to June 4, 1998 for the period of the indefinite suspension. 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 (Yes) Leo R. Vartan (Abstained)
B-34 RUTH MARIE DEMARCO
The appeal of Ruth Marie DeMarco, a Practical Nurse with the John L. Montgomery Medical Home, Monmouth County of her 30- day suspension effective September 22, 1997, and her removal effective September 28, 1998, on charges, was heard by Administrative Law Judge Bernard Goldberg (ALJ), who rendered his initial decision on August 19, 1999. At its meeting the Board did not accept the ALJ's recommendation to modify the removal to a suspension which extended from the effective date of her removal to the date of the final disposition of the appeal 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.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo R. Vartan (Abstained)
B-35 JAMES JOHNSON
The appeal of James Johnson, a Program Analyst with the Department of Health and Human Services, Camden County, of the good faith of his layoff effective May 23, 1997, was heard by Administrative Law Judge John R. Futey (AJ), who rendered his initial decision on August 5, 1999. The Merit System Board, at its meeting on September 28, 1999, adopted the ALJ's recommendation to reverse the layoff. 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 (Yes) Leo R. Vartan (Abstained)
B-36 DANIELLE LEWIS
The appeal of Danielle Lewis, a County Correction Officer with the Burlington County Jail, of her removal effective October 29, 1997 on charges, was heard by Administrative Law Judge Kathryn A. Clark (ALJ), who rendered her initial decision on March 19, 1999. At its meeting on August 31, 1999, the Merit System Board did not adopt the recommendation of the ALJ to reverse the removal. Rather, the Board found that the removal was justified. 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 (Yes) Leo R. Vartan (Abstained)
B-37 TIMOTHY ROEHRICH
The appeal of Timothy Roehrich, Code Enforcement Officer, Jackson Township Police Department, concerning his removal effective January 27, 1998 on charges, was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on August 12, 1999. The Merit System Board, at its meeting on September 28, 1999, did not adopt the recommendation of the ALJ to modify the removal to a non- disciplinary, medical termination. Rather, the Board modified the removal to a resignation in good standing. The proposed final decision is now submitted for the Board's review.
ACTION: The Merit System Board adopted the final decision.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo R. Vartan (Abstained)
B-38 CURRY SINGLETON
The appeal of Curry Singleton, a Hospital Attendant with the Essex County Hospital Center, Essex County, of his removal effective May 1, 1997 on charges, was heard by Administrative Law Judge Michael L. Ravin (ALJ), who rendered his initial decision on August 11, 1999. At its meeting on October 13, 1999, the Merit System Board affirmed 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 (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo R. Vartan (Abstained)
B-39 JOSEPH D. SPENCER
The appeal of Joseph D. Spencer, a Senior Correction Officer at Garden State Reception and Youth Correctional Facility, Department of Corrections, of his removal effective September 24, 1996 on charges, was heard by Administrative Law Judge Bruce R. Campbell (ALJ), who rendered his initial decision on August 17, 1999. At its meeting on September 28, 1999, the Merit System Board affirmed 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 (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo R. Vartan (Abstained)
B-40 ANDRES VIVES RIVERA
The appeal of Andres Vives Rivera, a Residential Services Worker at Woodbine Developmental Center, Department of Human Services, removal effective January 22, 1998 on charges, was heard by Administrative Law Judge Edgar R. Holmes (ALJ), who rendered his initial decision on November 10, 1998 upholding the removal. At its meeting on June 21, 1999, the Merit System Board (Board) did not adopt the ALJ's recommendation that the removal be upheld. Rather, the Board dismissed the charges and reversed the removal. However, upon its own motion, the Board granted reconsideration of its June 21, 1999 decision and determined that the appellant's removal was appropriate since he was forever barred from holding public employment pursuant to N.J.S.A. 2C:51-2(d). 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 (Yes) Leo R. Vartan (Abstained)
B-41 TREVAN L. ARTIS
Trevan L. Artis appeals the decision of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Supervising Laborer (PM1914V), Camden City Department of Environmental Affairs.
ACTION: The Merit System Board directed that this appeal be denied.
B-42 PHYLLIS CAPELLI
Phyllis Capelli 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 Assistant Director of Public Works (M0683W), City of Hoboken.
ACTION: The Merit System Board directed that this appeal be denied.
B-43 PAUL G. HOBBS
Paul G. Hobbs appeals the decision of the Division of Selection Services which found that he did not meet the experience requirements for the open competitive examination for Counselor, Penal Institution (C0757W), Middlesex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-44 JIAN Q. KUANG
Jian Q. Kuang appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Senior Data Processing Programmer (PC0128A), Ocean County.
ACTION: The Merit System Board directed that this appeal be granted.
B-45 SANDRA S. MOSS AND JOSEPH WOOD EL
Sandra S. Moss and Joseph Wood El appeal the determinations of the Division of Selection Services, which found that they did not meet the experience requirements for the Quality Assurance Specialist Health Services (PS6818K), Division of Mental Health and Hospitals ("DMHH") promotional examination.
ACTION: The Merit System Board directed that these appeals be denied.
B-46 FRANK PALMIERI AND KAMLESH MEHROTRA
Frank Palmieri and Kamlesh Mehrotra appeal the decisions of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Administrative Analyst (PC0983W), Essex County.
ACTION: The Merit System Board directed that these appeals be denied.
B-47 RONALD PRICE
Ronald Price 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 1 (Data Processing) (PS6528N), Department of Labor.
ACTION: The Merit System Board directed that this appeal be denied.
B-48 RUSSELL A. SMITH
Russell A. Smith appeals the decision of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Inspector Road Openings (PC3905V), Camden City Public Works.
ACTION: The Merit System Board directed that this appeal be denied.
B-49 JOHN T. SCALES
John T. Scales appeals the decision of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Administrative Analyst 2 (PS6890R), Board of Public Utilities.
ACTION: The Merit System Board directed that this appeal be denied.
B-50 KIMBERLY E. TEMPLE
Kimberly E. Temple appeals the decision of the Division of Selection Services which found that the appellant did not meet the experience requirements for the promotional examination for Accountant 3 (PS6183F), Department of Education.
ACTION: The Merit System Board directed that this appeal be denied.
B-51 JOHN BARILLO
John Barillo appeals his score on the examination for Fire Captain (PM3800V), Margate City.
ACTION: The Merit System Board directed that this appeal be denied.
B-52 RAYMOND DILELLO
Raymond DiLello appeals his score on the examination for Fire Captain (PM3631V), Asbury Park
ACTION: The Merit System Board directed that this appeal be denied.
B-53 THOMAS GIRONDA
Thomas Gironda appeals his score on the examination for Fire Captain (PM3631V), Asbury Park City.
ACTION: The Merit System Board directed that this appeal be denied.
B-54 JOHN HAZLETT
John Hazlett appeals his score on the examination for Fire Captain (PM3630V), Ventnor City.
ACTION: The Merit System Board directed that this appeal be denied.
B-55 DONALD KEDDY
Donald Keddy appeals his score on the examination for Fire Captain (PM3631V), Asbury Park City.
ACTION: The Merit System Board directed that this appeal be denied.
B-56 ANDREW LACOVARA
Andrew Lacovara appeals his score on the examination for Fire Captain (PM3630V), Ventnor City.
ACTION: The Merit System Board directed that this appeal be denied.
B-57 ROBERT MALCOLM
Robert Malcolm appeals his score on the examination for Fire Captain (PM3631V), Asbury Park City.
ACTION: The Merit System Board directed that this appeal be denied.
B-58 MICHAEL MANNERING
Michael Mannering appeals his score on the examination for Fire Captain (PM3630V), Ventnor City.
ACTION: The Merit System Board directed that this appeal be denied.
B-59 DOMINICK MARINO
Dominick Marino appeals his score on the examination for Fire Captain (PM3631V), Asbury Park City.
ACTION: The Merit System Board directed that this appeal be denied.
B-60 ROBERT TAYLOR
Robert Taylor appeal his score on the examination for Fire Captain (PM3631V), Asbury Park City.
ACTION: The Merit System Board directed that this appeal be denied.
B-61 IRENE M. MCGUIRE
Irene M. McGuire, represented by Kathleen A. Mazzoucollo, Esq., appeals the determination of the Division of Human Resource Management that she did not meet the one year permanent status requirement for the promotional examination for Senior Library Assistant (PM0199W), City of Jersey City.
ACTION: The Merit System Board directed that this appeal be granted.
B-62 THOMAS E. MULLEN
Thomas E. Mullen appeals the utilization of PAR (Performance Assessment Review) ratings as part of the promotional selection process for Correction Captain Juvenile Justice (PS5137P), Juvenile Justice Commission (JJC).
ACTION: The Merit System Board directed that this appeal be denied.
B-63 DAWN NERI
Dawn Neri appeals the decision of the Division of Selection Services, which found that she did not meet the residency requirements for the open competitive examination for Senior Assistant Assessor (M0635O), City of Paterson.
ACTION: The Merit System Board directed that this appeal be denied.
B-64 SUSAN E. TROMBLY
Susan E. Trombly appeals the decision of the Division of Selection Services which found that she did not meet the residency requirement for the open competitive examination for Food Service Manager (C0673W), Cumberland County.
ACTION: The Merit System Board directed that this appeal be denied.
B-65 DOROTHY GARLIC
Dorothy Garlic, a Field Gaming Regulator with the Casino Control Commission, represented by Robert Malestein, Esq., appeals the denial of participation as a leave recipient in the donated leave program.
ACTION: The Merit System Board directed that these appeals be denied.
B-66 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of October 26, 1999, are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of October 26, 1999.
VOTE: Janice Mitchell Mintz (Yes) Alan Dexter Bowman (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Leo R. Vartan (Abstained)
B-67 EARLY SETTLEMENTS
Janet Ertlmaier Kean University Removal
Althea L. Hill Vineland Developmental Center Department of Human Services Demotion
Michael Onwuchekwa Division of Taxation Department of the Treasury Release at the end of the working test period
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, November 23, 1999, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
__________________________________ JANICE MITCHELL MINTZ CHAIRWOMAN MERIT SYSTEM BOARD
|