MINUTES OF REGULAR MEETING OF THE CIVIL SERVICE … · 2011. 6. 16. · CIVIL SERVICE COMMISSION MEETING JUNE 1, 2011 6 RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE

STATE OF NEW JERSEY

CIVIL SERVICE COMMISSION Chris Christie Governor

Kim Guadagno

Lt. Governor

Robert M. Czech Chair/Chief Executive Officer

New J ersey is an Equal Oppor tun ity Employer

w w w . s t a t e . n j . u s / c s c

MINUTES OF REGULAR MEETING OF

THE CIVIL SERVICE COMMISSION

J UNE 1, 2011

Robert M. Czech , Ch airperson

Robert E. Bren n er

Th om as J . P ern a

Rich ard E. William s

CIVIL SERVICE COMMISSION MEETING J UNE 1, 2011 2

J u n e 1, 2011

*******************************************************************

A regu lar m ee tin g of th e Civil Service Com m iss ion w as h e ld on

Wedn esday, J un e 1, 2011, in Tren ton , New J ersey .

P RESENT: Robert M. Czech , Ch airperson , Mem bers Robert E.

Bren n er, Th om as J . P ern a an d Rich ard E. William s; P am e la Ullm an ,

Depu ty Attorn ey Gen eral; Hen ry Mau rer, Director, Div is ion of Merit

System P ractice s an d Labor Re lation s.

In accordan ce w ith L.1975, c .231, Robert M. Czech , Ch airperson ,

open ed th e m ee ting w ith th e fo llow ing s tatem en t:

Notice of th is m e e tin g w as fi led w ith th e Secre tary of State an d sen t

to th e Tren ton ian , Tren ton Tim es , Cou rier -P ost an d Star Ledger on

Decem ber 20, 2010, an d posted at th e Civil Service Com m iss ion , 3 Station

P laza , Tren ton , New J ersey .

All ac tion s w ere by u n an im ou s vote un le ss oth er w ise spec ified .


SECTION A – HEARING MATTERS

A-1 SETTLEMENTS

In the Mat ter of Abdul Bey

City of Newark

Depar tment of Neighborhood and Recrea t iona l Services

Remova l

In the Mat ter of Antonio Cardoso

City of Newark

Police Depar tment

Suspension

In the Mat ter of Lola Crosby

Depar tment of Children and Families

Release a t the end of the working test per iod

In the Mat ter of Tam Dang

Summit Housing Author ity

Remova l

In the Mat ter of Bozena Debek

Hunterdon Developmenta l Center

Depar tment of Human Services

Remova l

In the Mat ter of Chr ist ine Ford-Clemmons

East J ersey Sta te Prison

Depar tment of Correct ions

Suspension

In the Mat ter of Dar lene Hannah -Collins

Camden County

Municipa l Ut ilit ies Author ity

Suspension

In the Mat ter of J ackie Holmes

South Woods Sta te Pr ison

Depar tment of Correct ions



In the Mat ter of Terraya J ohnson

Woodbine Developmenta l Center



In the Mat t er of Bradford Kadubic

Lakewood F ire Dist r ict #1

Remova l

In the Mat ter of Dennis J . La Russo

Commission for the Blind and Visually Impa ired


Suspension

In the Mat ter of J acqueline McCall

Mercer County

Depar tment of Public Safety

F ine

In the Mat ter of For tuna to Montella

Borough of Stanhope

Police Depar tment

Suspension

In the Mat ter of Dwayne Pr ice

City of Newark

Police Depar tment

Suspension

In the Mat ter of Ivan Robinson

Ancora Psychia t r ic Hospita l


Suspensions (2), Remova l and Resigna t ion not in good standing

In the Mat ter of Francene Upshur

Trenton Psychia t r ic Hospita l


Suspension

In the Mat ter of Steven Vereen -J ones

Trenton Psychia t r ic Hospita l


Suspension


In the Mat ter of Edward Vernot ica

City of Newark

Police Depar tment

Suspension

In the Mat ter of Bienvenido Vierneza

Ancora Psychia t r ic Hospita l


Remova l

In the Mat ter of Arthur Vollbrecht

Monmouth County

Depar tment of Public Works, Buildings and Grounds

Suspension

VOTE: Robert M. Czech (Abstain ed)

Robert E. Bren n er (Yes)

Th om as J . P ern a (Yes)

Rich ard E. William s (Yes)

In the Mat ter of J eanet te Waith

Depar tment of Hea lth and Senior Services


In the Mat ter of Delores Williams

Greystone Park Psychia t r ic Hospita l


Remova l

In the Mat ter of Shkira Williams

Nor th J ersey Developmenta l Center


Remova l

In the Mat ter of J ason Yegelwel

Monmouth County

Depar tment of Cent ra l Motor Pool

Remova l






RECOMMENDATION OF THE ADMINISTRATIVE LAW J UDGE IN

THE ABOVE CASES – SETTLEMENT

ACTION: The Civil Service Commission acknowledged the set t lements

with the except ion of Tam Dang which was held over a t the

request of the appellan t .

A-2 DANIEL BAKER (REMAND)

Daniel Baker , F ire Fighter , City of East Orange, F ire Depar tment , 30-day

suspension on the charge of conduct unbecoming a public employee.

Recommenda t ion of the Administ ra t ive Law J udge – Uphold the 30-day

suspension .

ACTION: The Civil Service Commission a ffirmed the recommenda t ion of

the Administ ra t ive Law J udge.

A-3 TYRON DUBOSE, II

Tyron DuBose, II, Human Services Assistan t , Ancora Psychia t r ic Hospita l,

Depar tment of Human Services, indefin ite suspension pending cr iminal

charges effect ive December 3, 2009.

Recommenda t ion of the Administ ra t ive Law J udge – Uphold the indefin ite

suspension .




A-4 SHERMAN MCCRAY

Sherman McCray, County Correct ion Sergeant , Bur lington County, County

J a il, seven -day suspension , 10-day suspension and demot ion to t he posit ion of

County Correct ion Officer effect ive March 8, 2009, on charges of

incompetency, inefficiency or fa ilure to perform dut ies, neglect of duty and

other sufficien t cause.

Recommenda t ion of t he Admin ist ra t ive Law J udge – Uphold the seven -day

suspension , the 10-day suspension and the demot ion to the posit ion of County

Correct ion Officer .



A-5 WEST MILFORD TEMP ORARY LAYOFFS

Anthony Adragna , et al., Township of West Milford, appea l the good fa ith of

their t emporary layoffs effect ive September 3, October 8, November 12, and

December 27, 2010, for reasons of economy and efficiency.

Recommenda t ion of t he Administ ra t ive Law J udge – Grant the appoin t ing

author ity’s mot ion for summary decision and uphold the tempora ry layoffs.



A-6 VICTORIA CARTER

Victor ia Car ter , P r incipa l Clerk Typist , Cent ra l Office, Depar tment of

Human Services, remova l effect ive May 26, 2010, on charges of convict ion of

cr imina l offense and conduct unbecoming a public employee.

Recommenda t ion of the Administ ra t ive Law J udge – Uphold the r emova l.




A-7 P HILLIP COOK

Phillip Cook, Human Services Assistan t , Ancora Psychia t r ic Hospita l,

Depar tment of Human Services, removal effect ive August 20, 2009 on

charges of conduct unbecoming a public employee, other sufficien t cause,

physica l abuse of a pat ien t , inappropr ia te physica l contact or mist rea tment of

a pa t ien t and viola t ion of a policy.

Recommenda t ion of the Administ ra t ive Law J udge – Uphold the remova l.



A-8 LASHONN DURANT

Lashonn Durant , Police Officer , City of P la infield, Depar tment of Public

Affa irs and Public Safety, removal effect ive Apr il 5, 2010, on charges of

conduct unbecoming a public employee, and viola t ion of Depar tment ru les

regarding dut ies and responsibilit ies, subversive conduct , a lcohol in toxica t ion

off duty and a r rest .




A-9 ALLICYN EVANS

Allicyn Evans, Human Services Technician , Veterans Memoria l Home,

Paramus, Depar tment of Milita ry and Veterans Affa irs , remova l effect ive

October 8, 2009, on charges of being absent from work as scheduled without

permission and without giving proper not ice of in tended absence, chronic or

excessive absence from work without pay and viola t ion of a ru le, regula t ion ,

policy, procedure, order or administ ra t ive decision .





A-10 J AMES HARRIS

J ames Harr is, Resident ia l Living Specia list , Trenton Psychia tr ic Hospita l,

Depar tment of Human Services, remova l effect ive March 6, 2009, on charges

of conduct unbecoming a public employee, mist rea tment of a pa t ien t ,

viola t ion of policy, fa lsifica t ion and other sufficien t ca use.




A-11 ANTHONY MCIVER

Anthony McIver , Senior Correct ion Officer , South Woods Sta t e Pr ison ,

Depar tment of Correct ions, remova l effect ive October 21, 2010, on charges of

conduct unbecoming a public employee, other su fficien t cause and viola t ion of

a ru le, regula t ion , policy, order , or administ ra t ive decision .

Recommenda t ion of the Admin ist ra t ive Law J udge – Uphold the remova l.



A-12 DAVID HOP KINS

David Hopkins, County Correct ion Sergeant , Mercer County, Depar tment of

Public Safety, remova l effect ive J une 14, 2008, on charges of other sufficien t

cause, negligence in performing duty resu lt ing in in jury to persons or damage

to proper ty, fa ilure to repor t in jury, abuse or accident involving pa t ien t ,

resident or clien t , use of force and conduct unbecoming a public employee.

Recommenda t ion of the Administ ra t ive Law J udge – Reverse the remova l.




A-13 MICHAEL OGONOWSKI

Michael Ogonowski, Cou nty Correct ion Officer , Mercer County, Depar tment

of Public Safety, fine in the amount of $18,267.60 (equa l to 60 days ’ pay) on

charges of other sufficien t cause, viola t ion of administ ra t ive procedures

and/or regula t ions involving sa fety and secur ity, and fa ilure to repor t in jury,

abuse or accident involving pa t ien t , resident or clien t and conduct

unbecoming a public employee.

Recommenda t ion of the Administ ra t ive Law J udge – Reverse the fine of

$18,267.60 (equal to 60 days’ pay).

ACTION: The Civil Service Commission modified the recommenda t ion of

the Administ ra t ive Law J udge to a fine equa l to 20 days’ pay.

A-14 ELMER STOCKS

Elmer Stocks, Elect r ica l Inspector , City of At lan t ic City, Depar tment of

Neighborhood Services, remova l, on charges of incompeten cy, inefficiency, or

fa ilure to perform dut ies, insubordina t ion , conduct unbecoming a public

employee, other sufficien t cause, viola t ion of Depar tment policy and

procedures manua l, fa lsifica t ion of public r ecords, and behaving in a way tha t

inst iga tes or provokes ill will or an imosity, including fight ing or other

physica l contact between employees or between employees and others.

Recommenda t ion of t he Administ ra t ive Law J udge – Modify the remova l to a

sixty-day suspension .

ACTION: The Civil Service Commission modified the recommenda t ion of

the Administ ra t ive Law J udge and upheld the remova l.


A-15 J ORGE GUERRERO (CONSOLIDATION) SETTLEMENT

J orge Guerrero, Truck Driver , Hudson County, Depar tment of Roads and

Public Proper ty, 90 working day suspension on charges of conduct

unbecoming a public employee, insubordina t ion , crea t ing a host ile work

environment , th rea tening and in t imida t ing a fellow employee, physica l

abuse, endanger ing the life of a fellow employee, and negligence and remova l

effect ive November 4, 2010, on charges of conduct unbecoming a public

employee, insubordina t ion , and neglect of duty. Set t led to a resigna t ion in

good standing effect ive November 4, 2010 and a lump sum payment of

$8,000.

Recommenda t ion of the Administ ra t ive Law J udge – Acknowledge the

set t lement .



A-16 WILLIE J ETTI (CONSOLIDATION) SETTLEMENT

Willie J et t i, F ire Fighter , City of Newark, Fire Depar tment , remova l effect ive

J une 1, 2009, on charges of incompetency, inefficiency, or fa ilure to perform

dut ies, chronic or excessive absenteeism or la teness, conduct unbecoming a

public employee, neglect of duty, and other sufficien t cause. Set t led to a

resigna t ion in good standing effect ive J une 1, 2009. Willie J et t i, County

Correct ion Officer , Essex County, remova l effect ive May 26, 2010, on charges

of conduct unbecoming a public employee, inability to perform dut ies,

incompetency, inefficiency or fa ilure to perform dut ies and other sufficien t

cause. Set t led to a resigna t ion in good standing effect ive May 26, 2010.

Recommenda t ion of the Administ ra t ive Law J udge – Acknowledge the

set t lement s.


the Admin ist ra t ive Law J udge.


SECTION B – MISCELLANEOUS MATTERS

B-1 CHANGE IN CLASSIFICATION P LAN – STATE GOVERNMENT –

INACTIVATION OF GENERAL AND DEP ARTMENT SP ECIFIC

UNCLASSIFIED TITLES

The Division of Sta te and Loca l Opera t ions request s the inact iva t ion of 28

genera l and depar tment specific unclassified t it les.


ACTION: The Civil Service Commission directed tha t th is request be

granted.


B-2 BRUCE DAVIS

Bruce Davis, a Senior Correct ion Officer , J uvenile J ust ice, with the J uvenile

J ust ice Commission , Depar tment of Law and Public Safety, represented by

Frank M. Cr ivelli, Esq., appea ls the denia l of sick leave injury (SLI) benefit s.

ACTION: The Civil Service Commission directed tha t th is appea l be

denied.

B-3 GAIL HARGROVE

Gail Hargrove, an Assistan t Deputy Public Defender 3 with Office of the

Public Defender , appea ls the denia l of sick leave injury (SLI) benefit s.


denied.

B-4 DAWN ORTIZ

Dawn Ort iz, a Human Services Technicia n a t Trenton Psychia t r ic Hospita l,

Depar tment of Human Services, appea ls t he denia l of sick leave in jury (SLI)

benefit s.


denied.

B-5 WAYNE SHAW

Wayne Shaw, a Senior Correct ion Officer with South Woods Sta te Pr ison ,

Depar tment of Cor rect ions, represented by Daniel Geddes, Esq., appea ls the

denia l of sick leave in jury (SLI) benefit s.


granted.

B-6 J EFFREY SHORTENCARRIER

J effrey Shor tencar r ier , a Senior Cor rect ion Officer with South Woods Sta te

Pr ison , Depar tment of Correct ions, represented by Daniel Geddes, Esq.,

appea ls the denia l of sick leave in jury (SLI) benefit s.


denied.


B-7 DANIEL J OSEP H LOOKNER

Daniel J oseph Lookner , represented by Thomas A. Cushane, Esq., appea ls

h is reject ion as a Police Officer candida te by Lawrence Township and it s

request to remove h is name from the eligible list for Police Officer (S9999K)

on basis of psychologica l unfitness to perform effect ively the dut ies of the

posit ion .


denied.

B-8 STEP HEN ABRAHAM, ET AL.

Stephen Abraham, Sergia Abreu , Anthony Aragon, Thomas Capora le,

Kenneth Car ter , Alber t Chonto, J ason Chr istopher , Alvinger Coleman, Mark

Daddar io, Xavier F igueroa , Victor Gomez, Rober t Hand, Er ic Hast ings,

Mar t in Hibinski, Sta fford Hunter , F rank J ohn, Mohamed Kamara , Leo

Killeen , Wesley La inez, Mar ia Lara cuente, Chr ist ine Lindsay, William

Maresca , J ohn Mast romonaco, Bet ty McCar than , Raymond McCluskey,

Anthony McLeod, Er ic Melendez, Nicole Mitchell, Bruce Moore, Mark Nese,

Rober t O’Donnell, David Oswald, Ray Phelps, Mark P ikunich , Virgil Rober t s,

Denise Rober t son , David Rosset t i, Denise Russell, Darryl Russo, Mat thew

Ryan, Lamont Trappier , Thaddeus Ware, Billy Welch , Keith Williams, Mark

Wisher , and Michael Wolhfer t , Senior Correct ion Officer s, with the

Depar tment of Cor rect ions, represented by Colin M. Lynch, Esq., appea l fines

in the amount of $413.76 imposed by the Depar tment of Correct ions.

ACTION: The Civil Service Commission directed tha t these appea ls be

denied.

B-9 LUIS ALICEA, ET AL.

Luis Alicea , J oseph Chamber la in , Charles Cossaboone, J oseph Ma rrero,

Darryl Russo, and Tamisha Shepherd, Senior Correct ion Officers with the

Depar tment of Cor rect ions, represented by Colin M. Lynch, Esq., appea l fines

in the amount of $413.76 imposed by the Depar tment of Cor rect ions. Paul

Miller , a Correct ion Sergea nt with the Depar tment of Cor rect ions, appea ls a

fine in the amount of $465 imposed by the Depar tment of Correct ions.


granted.


B-10 P AUL ORTIZ

Paul Or t iz appea ls the decision of the Division of Sta te and Local Opera t ions,

which upheld the remova l of h is name from the eligible list for F ire F ighter

(M2376H), New Brunswick, for fa ilure to meet the residency requirements.


granted.

B-11 HIRAN P ATEL

The Director of the Division of Select ion Services pet it ions the Civil Service

Commission for enforcement of the decision rendered on J anuary 14, 2009,

wherein the Commission ordered tha t Hiran Pa tel be removed from his

provisiona l t it le upon h is fa ilure to pass the promot iona l examina t ion for

Sect ion Supervisor F isca l Resources (PS7410P), Depar tment of Law and

Public Safety.

ACTION: The Civil Service Commission directed tha t th is pet it ion be

granted and the appoin t ing author ity be fined $3,204 for it s non -

compliance with the Commission decision .

B-12 THAKUR P ERSAUD

Thakur Persaud, a Program Manager , Disease Prevent ion and Cont rol, with

Pa terson , represented by J ohn J . Segreto, Esq., appea ls h is non -appoin tment

from the eligible list for Hea lth Officer (M0991L), Pa terson .


denied.

B-13 DAWN SOLANO

Dawn Solano, a former Clerk Typist with Kearny, represented by Paul L.

Kleinbaum, Esq., appea ls the temporary appoin tment of Stacey Vagueiro as a

Clerk Typist .


granted but no fur ther remedy be awarded to the appellan t .


B-14 KENNETH CARROLL

Kenneth Carroll request s a make-up examina t ion for the writ ten por t ion of

the examina t ion for Fire F ighter (M9999M), va r ious jur isdict ions.


granted.

B-15 J OSEP H RATAJ CZAK

J oseph Ra ta jczak request s a make-up examina t ion for the Ent ry Level La w

Enforcement Examina t ion (S9999M).


granted.

B-16 BETH LARKIN

The Depar tment of Law and Public Safety, on behalf of Beth Larkin , a

Supervisor , Records Management , with the Division of S ta te Police, request s

a wa iver of repayment of a sa la ry overpayment , pursuant to N .J .S .A. 11A:3-

7, which provides that when an employee has er roneously received a sa la ry

overpayment , the Civil Service Commission may waive repayment based on a

review of the case. It a lso request s tha t her sa la ry be “red circled.”

ACTION: The Civil Service Commission directed tha t the request for

wa iver of repayment of the sa la ry overpayment be granted in

par t and the request to “red circle” Ms. Larkin’s sa la ry be

denied.

Agenda Item B-16 was held to be considered a t the conclusion of the regula r

agenda . At tha t t ime, a mot ion was made and seconded tha t the open session

be recessed and tha t , pursuant to Sect ion 12(b) of the Open Public Meet ings

Act , the Civil Service Commission entered in to Execut ive Session for the

purpose of lega l advice. The Commission subsequent ly reconvened the public

meet ing.


B-17 P ASQUALE ANGELASTRO

Pasquale Angelast ro, Camden County, Public Safety and J uvenile J ust ice

Depar tment , appea ls t he determina t ion of h is layoff r ights by the Division of

Sta te and Local Opera t ions.


denied.

B-18 LEONARD BLANCO, ET. AL.

Leonard Blanco, Paula Hill, Suzanne Holzer , Carol Miller , and Ren a Rotella ,

former Building Maintenance Workers with Hunterdon County, appea l the

determina t ion of their layoff r ights by the Division of Sta te and Loca l

Opera t ions.


denied.

B-19 RUDOLP H WALDINGER

Rudolph Waldinger , a former Da ta Processing Technician with Monmouth

County, represented by Ca ther ine M. Elston , Esq., appea ls the determina t ion

of h is layoff r ights by the Division of Sta te and Loca l Opera t ions.


denied.





B-20 WEST ORANGE LAYOFF

The Policemen’s Benevolent Associa t ion Loca l 25, represented by David J .

DeF illippo, Esq., and the West Orange Police Super ior Officer s’ Associa t ion ,

represented by Fredr ic M. Knapp, Esq., pet it ion the Civil Service Commission

for a stay of the layoff of police personnel in West Orange, pending the

outcome of their appea ls regarding the good fa ith of their layoffs.


denied.


B-21 DAMIAN HADDEN

Damian Hadden appea ls the determina t ion of the Division of S ta te and Loca l

Opera t ions tha t h is posit ion with the Depar tment of Correct ions is proper ly

classified as an Administ ra t ive Analyst 2, F isca l Management . The appellan t

seeks an Administ ra t ive Ana lyst 1, Account ing, classifica t ion .


denied.

B-22 J UANA J ACKSON

J uana J ackson appea ls the determina t ion of the Division of Sta te and Loca l

Opera t ions which found tha t her posit ion with the Depar tment of Hea lth and

Senior Services is proper ly classified as Secreta r ia l Assistan t 3, Non -

Stenographic. The appellan t seeks a Secreta r ia l Assistan t 2, Non -

Stenographic classifica t ion .


denied.

B-23 J AMES J OYCE

J ames J oyce appea ls the decision of t he Division of Sta te and Loca l

Opera t ions tha t the proper classifica t ion of h is posit ion with the Depar tment

of Law and Public Safety is Sta te Invest igator 3, Law and Public Safety. The

appellan t seeks a Sta te Invest iga tor 1, Law and Public Safety classifica t ion .


denied.

B-24 SEETHA KRISHNAN

Seetha Krishnan appea ls the determina t ion of the Division of Sta te and Loca l

Opera t ions tha t her posit ion with the Depar tment of Children and Families

is proper ly classified as a Technical Assistan t , Cont ract Administ ra t ion . The

appellan t seeks a Cont ract Administ ra tor 2 or Budget Ana lyst 1

classifica t ion .


denied.


B-25 SHAWN O’LEARY

Shawn O’Leary appea ls the determinat ion of the Division of Sta te and Local

Opera t ions tha t h is posit ion is proper ly classified as Senior Chemist . The

appellan t seeks a Research Scient ist 3, Chemist ry classifica t ion .


granted.

B-26 P ATRICIA ZEFUTIE

Pat r icia Zefut ie appea ls the determina t ion of the Division of Sta te and Local

Opera t ions tha t her posit ion with the Depar tment of Hea lth and Senior

Services is proper ly classified as Senior Clerk Typist . The appellan t seeks a

Pr incipa l Clerk Typist or Technica l Assistan t 3 classifica t ion .


denied.

B-27 P ROGRAM DEVELOP MENT AIDE, COMMUNITY SERVICE (C0748L),

MIDDLESEX COUNTY

Middlesex County request s permission not to make an appoin tm ent from the

August 18, 2010 cer t ifica t ion for Program Development Aide, Community

Service (C0748L).

ACTION: The Civil Service Commission granted the appoin tment wa iver

and assessed par t ia l select ion cost s in the amount of $1,024.

B-28 P ROGRAM MONITOR (M1117L), P ATERSON HOUSING AUTHORITY

The Pa terson Housing Author ity request s permission not t o make an

appoin tment from the August 11, 2010 cer t ifica t ion for Program Monitor

(M1117L).

ACTION: The Civil Service Commission granted the appoin tment wa iver

and assessed select ion cost s in the amount of $2,048.


B-29 COMP LAINT INVESTIGATOR (M0101K) AND (M0724K), EAST

ORANGE

East Orange request s reconsidera t ion of In the Matter of Com plain t

Investigator (M0101K) and (M0724K), East Orange (CSC, decided February

16, 2011), wherein the Civil Service Commission ordered the appoin t ing

author ity to proper ly dispose of the May 14, 2009 cer t ifica t ion with in 20 days

and remove the provisiona l appoin tee.

ACTION: The Civil Service Commission directed tha t th e request for

reconsidera t ion be denied and the appoin tment waiver be

granted. The Civil Service Commission assessed select ion cost s

in the amount of $2,048 and pr ior cost s of $2,000 for compliance.

B-30 P OLICE OFFICER (S9999K), DEP TFORD TOWNSHIP

Deptford Township request s reconsidera t ion of In the Matter of Police Officer

(S 9999K), Deptford T ownship (CSC, decided February 2, 2011) wherein t he

Civil Service Commission ordered the appoin t ing author ity to proper ly

dispose of the March 30, 2009 cer t ifica t ion (OL090412) within 30 days and

remit $500 in compliance cost s.


granted.

B-31 ROLAN CARTER

The appea l of Rolan Car ter , a Police Officer with the City of Camden, of h is

remova ls, effect ive J une 25, 2009, on charges, was heard by Administ ra t ive

Law J udge Susan M. Scarola , who rendered her in it ia l decision on Apr il 12,

2011. At it s meet ing on May 18, 2011, the Civil Service Commission adopted

the ALJ ’s recommenda t ion to deny the appellan t ’s request to withdraw his

appea l and ordered tha t the mat ter be remanded to the Office of

Administ ra t ive Law for fu r ther proceedings. The proposed decision is now

submit ted for the Commission’s review.

ACTION: The Civil Service Commission adopted the decision .


B-32 WILLIAM J OHNSON

The appea l of William J ohnson, a Senior Correct ion Officer with t he Alber t C.

Wagner Youth Correct iona l Facility, Depar tment of Correct ions, of h is

remova l effect ive August 6, 2010, on charges, was heard by Act ing Director

and Chief Administ ra t ive Law J udge Laura Sanders, who rendered her

in it ia l decision on Apr il 6, 2011. At it s meet ing on May 18, 2011, the Civil

Service Commission adopted the ALJ ’s recommenda t ion to uphold the

remova l. However , the Commission found it necessa r y to address the

except ions and cross except ions filed by the pa r t ies. The proposed fina l

decision is now submit ted for the Commission’s review.

ACTION: The Civil Service Commission adopted the fina l decision .

B-33 J AMIE SKINNER

The appea l of J amie Skinner , a Senior Correct ion Officer with East J ersey

Sta te Pr ison , Depar tment of Correct ions, of h is remova l effect ive J une 17,

2009, on charges, was heard by Administ ra t ive Law J udge Barry E.

Moscowitz, who rendered h is in it ia l decision on March 4, 2011. At it s

meet ing on May 18, 2011, the Civil Service Commission did not adopt the

ALJ ’s recommenda t ion to modify the remova l to a six-month suspension .

Ra ther , the Commission upheld the remova l. The proposed fina l decision is

now submit ted for the Commission ’s review.



B-34 WATER AND WASTEWATER UTILITY EMP LOYEE LAYOFF, CITY

OF P ERTH AMBOY

The appea ls of Pablo Bosques, J r ., a former Building Maintenance Worker ,

Thomas Burns, a former Water Meter Reader , Rodney Cameron, a former

F ilter Opera tor , Alan Deak, a former Water Repa irer , Pablo DeLeon, a

former Laborer , Vincent Delibero, a former Equipment Opera tor , Br ian

Donnelly, a former Water Trea tment P lant Opera tor , Guillermo Febles , a

former Pumping Sta t ion Repa irer , Hector Leon, a former Laborer , Kenneth

Mroczkowski, a former Laborer , J oseph Porcaro, a former Senior Water

Trea tment Plant Opera tor , Andy Rios, a former Water Reservoir At tendant ,

William Rivera , an Equipment Opera tor , Mar io Sant iago, a former Heavy

Equipment Opera tor , Edvardo Silva , a former F ilter Opera tor , Clyton

Waters, a former Senior Water Trea tment P lant Opera tor , and Francis

Wild, a former Equipment Opera tor /Water Repa irer with the City of Per th

Amboy (City), of their layoffs, effect ive J une 30, 2009, were heard by

Administ ra t ive Law J udge Sandra Ann Robinson (ALJ ), who rendered her

in it ia l decision on December 2, 2010. At it s meet ing on May 18, 2011, the

Civil Service Commission adopted the ALJ ’s recommenda t ion to uphold the

layoffs and dismiss the appellan ts’ appea ls. However , the Commission did

not adopt tha t por t ion of the ALJ ’s in it ia l decision in which she found bad

fa ith with regard to the reemployment of t he appellan ts. The proposed fina l

decision is now submit ted for the Commission’s review.


B-35 ANDREW D. BENESCH

Andrew D. Benesch appea ls the determina t ion of the Division of Select ion

Services which found tha t he did not meet the requirements for the

promot iona l examina t ion for Health Systems Specia list 1 (PS3194H),

Depar tment of Hea lth and Senior Services.


granted.


B-36 YVETTE C. EVERSON AND CARLY C. MILLER

Yvet te C. Everson and Car ly C. Miller appea l the determina t ion s of the

Division of Select ion Services which found tha t they did not meet the

requirements for the promot iona l examina t ion for Personnel Assistan t 2,

Employee Rela t ions (PS4129K), Depar tment of Children and Families.


granted.

B-37 DANIEL S . P ANARELLO

Daniel S. Panarello appea ls the determina t ion of the Division of Select ion

Services which found tha t he did not meet the requir ements for the

promot iona l examinat ion for Management Informat ion Systems Coordina tor

(PC0049M), At lan t ic County.


granted.

B-38 DOROTHEA REED-ROBERSON

Dorothea Reed-Roberson appea ls the determina t ion of the Division of

Select ion Services which found tha t she did not meet the exper ience

requirements for the open compet it ive examina t ion for Supervisor of

Accounts (C0466M), Essex County.


denied.

B-39 J USTIN SALKIND

J ust in Sa lkind appea ls the determina t ion of the Division of Select ion Services

tha t he did not meet the exper ience requ irement for the open compet it ive

examina t ion for F ield Representa t ive Housing, Housing Assistance Program

(S0728M).


denied.


B-40 CIVIL SERVICE COMMISSION MINUTES

Submit ted for adopt ion a re the Civil Service Commission minutes of it s

meet ing of May 18, 2011.

ACTION: The Civil Service Commission adopted the minutes of it s

meet ing of May 18, 2011.

B-41 SANTE BENEDETTI

The Depar tment of the Treasury request s tha t it be permit ted to promote

Sante Benedet t i from the non -compet it ive t it le of Posta l Clerk to the

compet it ive t it le of Pr incipa l Posta l Clerk pursuant to N .J .A.C. 4A:4-1.1(c)2.


granted.

B-42 LUIS A. CORRO

The City of Per th Amboy, on behalf of Luis A. Corro, request s tha t he be

permit ted to pa r t icipa te in the in tergovernmenta l t ransfer program and to

complete the remainder of h is working test per iod as a Police Officer with

Per th Amboy.


granted.

B-43 ISA MCCLENDON

The City of Elizabeth , on beha lf of Isa McClendon, request s tha t she be

permit ted to pa r t icipa te in the in tergovernmenta l t ransfer program and to

complete the remainder of her working test per iod as a Police Officer with

Elizabeth .


granted.


B-44 ALBERT MCCLOY

The appea l of Alber t McCloy, a Senior Police Officer with the Depar tment of

Human Services, of h is remova l, effect ive May 11, 2010, on charges, was

heard by Administ ra t ive Law J udge Dona ld J . Stein , who rendered h is in it ia l

decision on Apr il 7, 2011. At it s meet ing on May 18, 2011, the Civil Service

Commission did not adopt the ALJ ’s recommenda t ion to modify the removal

to a six-month suspension . Ra ther , the Commission upheld the appellan t ’s

remova l. The proposed fina l decision is now submit ted for the Commission’s

review.


B-45 ANTHONY J . SISK

Anthony J . Sisk, represented by Thomas J . Cammara ta , Esq., and the

County of Hudson, r epresented by Cindy N. Vogelman, Esq., pet it ion the

Civil Service Commission to acknowledge the set t lement agreement between

the pa r t ies rela t ing to Mr. Sisk’s remova l from the eligible list for Sher iff’s

Officer (S9999H), County of Hudson, due to psychologica l unfitness to

perform effect ively the dut ies of the posit ion .

ACTION: The Civil Service Commission acknowledged the set t lement .





B-46 CHRISTINE LEEDS

Christ ine Leeds, a former Senior Clerk with the At lan t ic County Law

Depar tment , request s tha t the Civil Service Commission reinsta te her appea l

of her remova l effect ive February 9, 2010, which was dismissed based on her

fa ilure to appear a t her scheduled hear ing.


granted.


B-47 MARIA RODRIGUEZ

Maria Rodr iguez, a former Senior Building Maintenance Worker , with

Montcla ir Sta te University, request s tha t the Civil Service Com mission

reinsta te her appea l of her resigna t ion not in good standing effect ive

November 17, 2009, which was dismissed based on her fa ilure to appear a t

her scheduled hear ing.


denied.

B-48 EARLY SETTLEMENT

In the Mat ter of Margaret Guin ta

Hunterdon Developmenta l Center


Remova l

ACTION: The Civil Service Commission acknowledged the set t lement .

Th ere be in g n o fu rth er bu s in ess be fore th e Civil Service

Com m iss ion , th e mee tin g w as adjou rned to con ven e on Wedn esday, J un e

15, 2011, at 10:00 a .m ., at 3 Station P laza , Tren ton , New J ersey .

_______________________________

Robert M. Czech

Ch airperson

Civ il Service Com m iss ion

Documents

MINUTES OF REGULAR MEETING OF THE CIVIL SERVICE … · 2011. 6. 16. · CIVIL SERVICE COMMISSION MEETING JUNE 1, 2011 6 RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE