MINUTES OF REGULAR MEETING OF THE CIVIL SERVICE …€¦ · Jeffrey Grapes, Godfrey Deleon, Joseph Snyder, George Shershanovich, Lissette Morales, and Kenneth E. Carey, Sr., with

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

NOVEMBER 22, 2011

Robert M. Czech , Ch airperson

Th om as J . P ern a

Rich ard E. William s

CIVIL SERVICE COMMISSION MEETING NOVEMBER 22, 2011 2

Novem ber 22, 2011

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

Th e regu lar m ee tin g of th e Civil Service Com m iss ion w as

re sch edu led from Wedn esday, Novem ber 16, 2011 du e to a lack of qu oru m

an d w as h e ld on Tuesday , Novem ber 22, 2011, in Tren ton , New J ersey .

P RESENT: Robert M. Czech , Ch airperson , Mem be rs 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 and Labor Re lation s.

In accordance w ith L.1975, c .231, th e Secre tary to th e Civil Service

Com m iss ion open ed th e m ee tin g w ith th e fo llow in g 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

Novem ber 7, 2011, 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 erw ise spec ified .


SECTION A – HEARING MATTERS

A-1 SETTLEMENTS

In the Mat ter of J anet te Bennet t

Edna Mahan Correct iona l Facility

Depar tment of Correct ions

Remova l

In the Mat ter of Rasheedah S. Brown

Bur lington County Board of Socia l Services

Remova l

In the Mat ter of Barbara Ca in

Cumber land County

Manor

Remova l

In the Mat ter of Israel Caraba llo

City of Newark

Police Depar tment

Suspension

In the Mat ter of J uanita Ca siano

City of Passaic

Police Depar tment

Suspension

In the Mat ter of Kason Cheeks

City of Newark

Police Depar tment

Remova l

In the Mat ter of Sharon Cordova

New J ersey Veteran ’s Memoria l Home Vineland

Depar tment of Military and Veteran ’s Affa irs

Remova l

In the Mat ter of Kevin Diamond

New Lisbon Development Center

Depar tment of Human Services

Remova l


In the Mat ter of Daniel Dow

Ancora Psychia t r ic Hospita l


Remova l

In the Mat ter of St . Cla ir Edwards

Hudson County


Remova l

In the Mat ter of Grace Ehanire

Hunterdon Developmenta l Center


Remova l

In the Mat ter of Bessie Fa ison

Newark School Dist r ict

Suspension

In the Mat ter of Lor i Feldmus

Depar tment of Labor and Workforce Development

Release a t the end of the working test per iod

In the Mat ter of Tyrone Green



Resigna t ion not in good standing and Remova l

In the Mat ter of Demetr ius Hobson

Nor th J ersey Developmenta l Cent er


Remova l

In the Mat ter of Alexina Marjory J ean

New J ersey Veteran ’s Memoria l Home Paramus


Remova l

In the Mat ter of Regina J ohnson

New J ersey Veteran ’s Memoria l Home Paramus


Remova l


In the Mat ter of Karol-Ann Kemenosh , et a l.

Cumber land County

Var ious Depar tments

Layoff

In the Mat ter of Terell Lewis

Trenton Psychia t r ic Hospita l


Remova l

In the Mat ter of J ames Lopez

City of Newark

Police Depar tment

Suspension

In the Mat ter of Manuel Mar t inez

Bergen County

Sher iff’s Depar tment

Remova l

In the Mat ter of Mar ilyn Muniz



Remova l

In the Mat ter of Wanda Par do

City of Passaic

Police Depar tment

Suspension

In the Mat ter of Diandra Parker

Vineland Developmenta l Center


Remova l

In the Mat ter of Sandra Petersen

Hudson County


Remova l

In the Mat ter of Qianna Robinson

Adult Diagnost ic and Trea tment Center


Remova l


In the Mat ter of Crysta l Singleta ry

Trenton Psychia t r ic Hospita l


Remova l

In the Mat ter of Yakima Smith

J uvenile J ust ice Commission

Depar tment of Law and Public Safety

Suspension

In the Mat ter of Peter Spencer

Nor th J ersey Development Center


Resigna t ion not in good standing

In the Mat ter of Br ian St igliano

City of Linden

Depar tment of Public Works

Suspension

In the Mat ter of J ohna than Taylor

City of Newark

Police Depar tment

Suspension

In the Mat ter of Chr istopher Wasnesky

Township of J ackson

Police Depar tment

Remova l

In the Mat ter of Kimber ly Williams

Woodbr idge Developmenta l Center


Suspension

In the Mat ter of Shelleen Williams



Remova l

RECOMMENDATION OF THE ADMINISTRATIVE LAW J UDGE IN

THE ABOVE CASES - SETTLEMENT

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


A-2 MARTIN CLEARY, ET AL.

Mar t in Clea ry et a l., City of J ersey City, va r ious Depar tments, appea l the

good fa ith of their t emporary layoff/fur lough effect ive December 24, 2009, for

reasons of economy and efficiency.

Recommenda t ion of the Administ ra t ive Law J udge - Dismiss the appea ls of

J effrey Grapes, Godfrey Deleon, J oseph Snyder , George Shershanovich ,

Lisset te Mora les, and Kenneth E. Carey, Sr ., with prejudice for fa ilure to

appear and dismiss the appea ls of Steven White and Mart in Clea ry as moot .

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

the Administ ra t ive Law J udge.

A-3 DAYLE SWANSON

Dayle Swanson, Libra ry Assistan t , Borough of Clementon , Administ ra t ive

and Execut ive Depar tment , appea ls the good fa ith of her layoff effect ive J u ly

3, 2010, for reasons of economy and efficiency.

Recommenda t ion of the Administ ra t ive Law J udge - Uphold the layoff.



A-4 CHARLES WES T

Char les West , Cor rect ion Lieutenant , East J ersey Sta te Pr ison , Depar tment

of Correct ions, 15 working day suspension on charges of neglect of duty and

ser ious mistake due to ca relessness which may resu lt in danger to persons or

proper ty.

Recommenda t ion of the Administ ra t ive Law J udge - Reverse the 15 working

day suspension .




A-5 CHRISTOP HER CZIKORA

Chr istopher Czikora , Human Services Assistan t , New Lisbon Developmenta l

Center , Depar tment of Human Services, remova l effect ive September 4, 2007,

on charges of convict ion of cr iminal offense, conduct unbecoming a public

employee and other sufficien t cause.

Recommenda t ion of the Administ ra t ive Law J u dge - Uphold the remova l.



A-6 DAVID P HELAN

David Phelan , F ire Protect ion Sub-Code Officia l, Township of Nor th Bergen ,

Depar tment of Public Works, remova l effect ive September 22, 2009, on

charges of insubordina t ion , conduct unbecoming a public employee and other

sufficien t cause.

Recommenda t ion of the Administ ra t ive Law J udge - Modify the remova l to

the equiva lent of a five-day suspension .

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

the Administ ra t ive Law J udge to a 60-hour suspension .

A-7 CRUZ VALCARCEL

Cruz Valca rcel, Senior Food Service Handler , Vineland Development Center ,

Depar tment of Human Services, removal effect ive J anua ry 19, 2010, on

charges of verba l abuse of an employee, fight ing or crea t ing a disturbance on

Sta te proper ty, th rea tening, in t imidat ing, coercing or in ter fer ing with a

fellow employee on Sta te proper ty, conduct unbecoming a public employee

and other sufficien t cause.

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

author ity's mot ion to dismiss appellan t ’s appea l a s moot .




A-8 DANIEL WILKINSON

Daniel Wilkinson, Human Services Assistan t , Ancora Psychia t r ic Hospita l,

Depar tment of Human Services, remova l effect ive September 24, 2008, on

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

viola t ion of a policy.

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

ACTION: The Civil Service Commission rejected the recommenda t ion of t he

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

Agenda Item A-8 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 reviewing the videotape of the incident which showed clien ts a t a

Sta te facilit y since the mat ter would const itu te unwarranted invasions of

individual pr ivacy. The Commission subsequent ly reconvened the public

meet ing.


SECTION B – MISCELLANEOUS MATTERS

B-1 The Division of Sta te and Loca l Opera t ions request s the re-eva lua t ion and

consolida t ion of severa l t it les u t ilized by the Depar tment of Children and

Families in it s Office of Licensure.


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

granted.


B-2 The Division of Sta te and Loca l Opera t ions request s the inact iva t ion of two

Specia l Opera t ions Group t it les used by the Depar tment of Correct ions.

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

granted.


B-3 The Division of Sta te and Loca l Opera t ions request s the inact iva t ion of 11

Employment Services Specia list s and 3 Occupa t iona l Analyst t it les used by

the Depar tment of Labor and Workforce Development .



granted.


B-4 The Office of Legisla ture Services request s the establishment of a new

unclassified t it le, Act ing Sect ion Chief, OLS. In accordance with N .J .S .A.

11A:3-4.c, Sta te Unclassified Service, employees in the Legisla t ive Branch of

Sta te Government sha ll be in the unclassified service.


granted.


B-5 LEE BRITTON

Lee Br it ton , an Electr ica l Mechanic with the Depar tment of Transpor ta t ion ,

represented by Laurence P . Bafundo, Esq., appea ls the denia l of sick leave

in jury (SLI) benefit s.

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

denied.

B-6 MARGARET DICKINSON

Margaret Dickinson, a Senior Cor rect ion Officer a t Bayside 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-7 THOMAS R. FLOYSTROP

Thomas R. F loyst rop, a Repa irer a t Woodbr idge Developmenta l Center ,

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

benefit s.


granted.

B-8 ERIC GANDY

Eric Gandy, a Senior Correct ion Officer with Bayside Sta te Pr ison ,

Depar tment of Correct ions, represented by Adam M. Kot la r , Esq., appea ls

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


granted.

B-9 ROBERT LOP ER

Rober t Loper , a Senior Correct ion Officer a t Bayside Sta te Pr ison,




denied.


B-10 HERBERTINA MCKEEVER

Herber t ina McKeever , a former Senior Therapy Program Assistan t with

Hunterdon Developmenta l Center , Depar tment of Human Services,

represented by Danielle S. Chandonnet , Esq., appea ls the denia l of sick leave

in jury (SLI) benefit s.


granted.

B-11 HECTOR MENDEZ

Hector Mendez, a Posta l Clerk with the Motor Vehicle Commission , appea ls

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


granted.

B-12 ARISTIDES ROBLES, J R.

Arist ides Robles, J r ., a Senior Correct ion Officer with Edna Mahan

Correct iona l Facility for Women, Depar tment of Correct ions, represented by

Daniel Geddes, Esq., appea ls the denia l of sick leave in jur y (SLI) benefit s.


denied.

B-13 MELVIN SMITH

Melvin Smith , a Senior Correct ion Officer with New J ersey Sta te Pr ison ,




denied.

B-14 BRIAN COBB

Brian Cobb, represented by Mitesh M. Pa tel, Esq., appea ls the bypass of h is

name on the Police Officer (S9999K), Ridgewood eligible list .


denied.


B-15 J OHNETTA LOVE

J ohnet ta Love appea ls the bypass of her name on the Supervising Family

Service Specia list 2 (PS6051K), Depar tment of Children and Familie s,

eligible list .


denied.

B-16 YOBANY MARTI AND RYAN HILES

Yobany Mart i and Ryan Hiles, represented by Stuar t J . Alterman, Esq.,

appea l the bypass of their names on the County Correct ion Sergeant

(PC2666J ), Cumber land County eligible list .

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

denied.

B-17 EARL DEAN

Earl Dean, a Fire Officia l with But ler , represented by Anthony J . Fusco, J r .,

Esq., appea ls h is immedia te suspension , effect ive August 26, 2010.


denied.

B-18 ATLANTIC CITY 2010 TEMP ORARY LAYOFFS

The Government Workers Union request s relief from the Civil Service

Commission regarding the temporar y layoffs of employees of At lan t ic City

which took place in 2010.


granted.

B-19 CLIFFORD FENIMORE

Clifford Fenimore, a Truck Driver with Mount Holly Township, Public Works

Depar tment appea ls the determina t ion of his layoff r ights.


denied.


B-20 CHIEF INVESTIGATOR, SECURED FACILITIES

The Depar tment of Correct ions request s t he rea lloca t ion of the t it le of Chief

Invest igator , Secured Facilit ies, from the ca reer to the unclassified service,

pursuant to N .J .A.C. 4A:3-1.3(a )5.


granted.

B-21 STATE P ROMOTIONAL LISTS

The Division of Sta te and Loca l Opera t ions request s the discon t inua t ion of

the au tomat ic extension of a ll Sta te promot iona l list s for one year beyond

their or iginal expira t ion da tes or unt il new list s a re promulga ted, whichever

occurs first , a s established in In the Matter of S tate Prom otional L ists (MSB,

decided October 24, 2007).


granted.

B-22 P AUL BIRKENSTAMM

Paul Birkenstamm appea ls the decision of the Division of Sta te and Local

Opera t ions, which found tha t the appoin t ing author ity had presented a

sufficien t basis to remove the appellan t ’s name from the Assistan t Business

Manager 1 (S0718L), Depar tment of Human Services, eligible list on the

basis of an unsa t isfactory background repor t .


denied.

B-23 LORRAINE KHAN

Lorra ine Khan appea ls the decision of the Division of Sta te and Loca l

Opera t ions which upheld the remova l of her name from the Human Services

Specia list 1 (C0895L), At lan t ic County, eligible list due to her unsa t isfactory

employment record.


denied.


B-24 DOMINIC SP INA

Dominic Spina , represented by Ciro A. Spina , III, Esq., appea ls the decision

of the Division of Sta te and Loca l Opera t ions, which found tha t the

appoin t ing author ity had presented a sufficien t basis to remove the

appellan t ’s name from the County Correct ion Officer (S9999K), Essex

County, eligible list on the basis of an unsa t isfactory background repor t .


denied.

B-25 TAN TON

Tan Ton appea ls the decision of the Division of Sta te and Local Opera t ions,

which removed the appellan t ’s name from the Recept ionist Bilingua l in

English and Vietnamese (C1218L), Camden County Board of Socia l Services,

employment list .


granted.

B-26 P ATRICK CASTELLANO

On behalf of Pa t r ick Castellano, the Fire Chief of the City of Asbury Park

appea ls the determina t ion of the Division of Select ion Services which denied

Mr. Castellano’s admit tance to the promot iona l examina t ion for F ire Capta in

(PM5207N), Asbury Park.


denied.

B-27 FREDY ROLDAN

Fredy Rolda n appea ls the determina t ion of the Division of Select ion Services

which denied h is admit tance to the promot iona l examina t ion for F ire Capta in

(PM5219N), Elizabeth .


denied.


B-28 VINCENT SP ANO

Vincent Spano appea ls the determina t ion of the Division of Select ion Services

which found tha t he filed a la te applica t ion for the promot iona l examina t ion

for Groundskeeper (PC0334N), Bergen County.

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

denied.

B-29 KENNETH DAVIS

The Motor Vehicle Commission request s tha t Kenneth Davis’ out -of-t it le

exper ience be accepted to qualify him for a prospect ive promot iona l

examina t ion for Inventory Cont rol Specia list 2.


granted.

B-30 P ATRICK FORREST, ET AL.

The Director , Division of Sta te and Loca l Opera t ions, on beha lf of the

Township of Teaneck, request s tha t the Civil Service Commission record the

appoin tments of Pa t r ick F orrest , J ohn Gar land, and Gera rd Rosano to Police

Sergeant effect ive August 16, 2011.


granted.

B-31 ROBERT FRETT, ET AL.

Rober t Fret t , a former Police Lieutenant with the City of Camden, William

Fret t and Anthony Moffa , Police Officers with Camden, and Kevin

St r ickland, a former Police Sergeant with Camden, represented by Mark W.

Ca tanzaro, Esq., request tha t they be permanent ly appoin ted to the t it les of

Police Capta in and Police Lieuten ant , respect ively. The appellan ts a lso

request a stay of their return of their permanent t it les, pending the outcome

of their request .

ACTION: The Civil Service Commission directed tha t these request s be

denied.


B-32 RACHEL J ACKSON

Rachel J ackson, a former J udicia ry Clerk 4, with the J udicia ry,

Morr is/Sussex Vicinage, represented by Chr is West r ick, Esq., request s tha t

the Civil Service Commission reinsta te her appea l of her remova l effect ive

March 9, 2011, which was dismissed based on her fa ilure to appear a t her

scheduled set t lement conference.


granted.

B-33 RASHAWN J OHNSON

The Motor Vehicle Commission request s tha t Rashawn J ohnson’s out -of-t it le

exper ience be accepted to qua lify h er for a prospect ive la tera l t it le change

pending qua lifying examina t ion to the t it le of Records Technician 2, Motor

Vehicles.


granted.

B-34 UWE MALAKAS

Uwe Malakas, represented by J ona t han I. Nirenberg, Esq., appea ls the

determina t ion of the Division of Select ion Services denying h is request for a

make-up examina t ion for County Police Chief (PC0220N), Bergen County.


denied.

B-35 ROBERT CHEW, ET AL.

Rober t Chew, William Frampton, Chr istopher Frucci, J oseph Hoffman,

Michael Hughes, Vincent McCalla , Pedro Perez, J ohn Polcyn, Ella Rober t s,

Vincent Robinson and Randy Smith , Police Officers with the City of Camden,

represented by Mary Beth Cla rk, Esq., pet it ion the Civil Service Commission

for reconsidera t ion of the fina l decision , rendered on February 2, 2011, which

denied their request s to revive the Police Sergeant (PM2650G), Camden,

eligible list in order to effectua te their appoin tments. The above named

appellan ts and Vincent Saunders, a lso a Police Officer with Camden,

represented by Mary Beth Cla rk, Esq., request counsel fees.

ACTION: The Civil Service Commission directed tha t these request s be

denied.


B-36 DATA CONTROL CLERK (C0515L), BURLINGTON COUNTY

Burlington County request s reconsidera t ion of th a t pa r t of the decision

rendered on September 15, 2010 by the Civil Service Commission in In the

Matter of Data Control Clerk (C0515L), Burlington County, wh ich assessed

pa r t ia l cost s of the select ion process in the amount of $1,024.

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

reconsidera t ion be granted.

B-37 RANDY DIAKUNCZAK

Kean University request s reconsidera t ion of the fina l administ ra t ive

decision , rendered on May 18, 2011, which granted Randy Diakunczak’s

request for sick leave in jury (SLI) benefit s.


reconsidera t ion be denied.

B-38 GROUNDSKEEP ER/MAINTENANCE REP AIRER (C0745L),

BURLINGTON COUNTY

Burlington County request s reconsidera t ion of tha t pa r t of the decision


Matter of Groundskeeper/ Main tenance R epairer (C0745L), Burlington

County, which assessed par t ia l cost s of the select ion process in t he amount of

$1,024.


reconsidera t ion be granted and no select ion cost s present ly be

assessed.

B-39 J AMILIA J AMES

J amilia J ames pet it ions the Civil Service Commission for reconsidera t ion of

the decision , rendered on J une 15, 2011, which denied her appea l regarding

her ineligibility for the open compet it ive examina t ion for Habilit a t ion Plan

Coordina tor (S0774M), Sta tewide.

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



B-40 J AMES J OYCE

J ames J oyce requests reconsidera t ion of the decision rendered on J une 1,

2011, which upheld the determina t ion of the Division of Sta te and Loca l

Opera t ions tha t the pr oper classifica t ion of h is posit ion is Sta te Invest igator

3, Law and Public Safety.



B-41 CARLA LANE

Carla Lane, an Invest iga tor with Middlesex Vicinage, J udicia ry, pet it ions the

Civil Service Commission for reconsidera t ion of the final administ ra t ive

decision , rendered on J u ly 26, 2011, in which the Director of the Division of

Mer it System Pract ices and Labor Rela t ions denied her request for a hear ing

with respect to her seven working day suspension .

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

denied.

B-42 MICHAEL OGONOWSKI

Michael Ogonowski, a County Correct ion Officer with Mercer County,

represented by Chr istopher D’Amore, Esq., pet it ions the Civil Service

Commission for reconsidera t ion of the fina l decision , rendered on J une 1,

2011, which modified a fine equa l to 60 days’ pay to a fine equa l to 20 days’

pay.



B-43 P ROBATE CLERK (BILINGUAL IN SP ANISH AND ENGLISH)

(C1833J ), CUMBERLAND COUNTY

Cumber land County request s reconsidera t ion of tha t pa r t of the decision


Matter of Probate Clerk (Bilingual in S panish and English) (C1833J ),

Cum berland County, which ordered it to remit $500 in compliance cost s since

it fa iled to proper ly dispose of the September 25, 2007 cer t ifica t ion .

ACTION: The Civil Service Commission directed th a t the request for



B-44 ARTHUR RICE

Union County, represented by Denise Err ico Esmerado, Esq., r equest s tha t

the Civil Service Commission enforce the fina l administ ra t ive decision ,

rendered on February 16, 2011, which acknowledged a set t lement agreement

between Arthur Rice, a former County Correct ion Officer , and Union County.


granted.

B-45 P ATRICK CARR

Pat r ick Carr appea ls the decision of the Division of Sta t e and Local

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

of Environmenta l Protect ion is Supervising Biologist , Wildlife Management .

The appellan t seeks a Research Scient ist 1 classifica t ion .

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

denied.

B-46 ROBERT MORRIS

Rober t Morr is appea ls the decision of the Division of Sta te and Local

Opera t ions which found tha t h is posit ion with the Depar tment of the

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

Technica l Assistan t 3 classifica t ion .


denied.

B-47 ADRIANE NEIS

Adriane Neis appea ls the Apr il 6, 2010 and J u ly 18, 2011 decisions of the

Division of Sta te and Loca l Opera t ions which found tha t her posit ion with the

Depar tment of Children and Families is correct ly classified as

Communica t ions Systems Technician 2. The appellan t seeks a Technica l

Suppor t Specia list 1 classifica t ion .


denied.


B-48 KATHLEEN SINGLETARY

Kathleen Singleta ry appea ls the decision of the Division of Sta te and Local

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

of Transpor ta t ion was Personnel Assistan t 2. The appellan t seeks an

Execut ive Assistan t 3 classifica t ion .


denied.

B-49 SUSAN SP IRIDIGLIOZZI

Susan Spir idigliozzi, represented by Rober t O. Yaeger , Pr incipa l Sta ff

Representa t ive, CWA Loca l 1034, appea ls the decision of the Division of Sta te

and Loca l Opera t ions tha t the effect ive da te of reclassifica t ion of her posit ion

from Medica l Services Assistan t to Medica l Records Technician was J anuary

30, 2010.


denied.

B-50 CARMEN ACEVEDO

Carmen Acevedo, a Head Clerk with the Division of Youth and Family

Services, Depar tment of Children and Families, appea ls the determina t ion of

the Director of Administ ra t ion , which found tha t the appellan t did not

present su fficien t evidence to suppor t a finding tha t she had been subjected

to a viola t ion of the New J ersey Sta te Policy Prohibit ing Discr imina t ion in

the Workplace.


denied.

B-51 LINDA BROOKS

Linda Brooks, a former Administ ra tor 2 with the Casino Cont rol

Commission , represented by Michelle J . Douglass, Esq., appea ls the

determina t ion of the Cha ir of the Casino Cont rol Commission , sta t ing that

the appellan t fa iled to present su fficien t evidence to suppor t a finding tha t

she had been subjected to viola t ions of the New J ersey Sta te Policy

Prohibit ing Discr imina t ion in the Workplace.


denied.


B-52 MICHAEL CHIANESE

Michael Chianese, a Const ruct ion Management Specia list 1 with the

Depar tment of Law and Public Safety, appea ls the determina t ion of the

Director , Governor’s Office of Employee Rela t ions, sta t ing tha t the appellan t

fa iled to present sufficien t evidence to suppor t a finding tha t he had been

subjected to viola t ion s of the New J ersey Sta te Policy Prohibit ing

Discr imina t ion in the Workplace.


denied.

B-53 P HILIP FOWLKES

Philip Fowlkes, a Youth Worker with the J uvenile J ust ice Commission ,

Depar tment of Law and Public Safety, appea ls the determina t ion of the Chief

of Sta ff, Office of the At torney Genera l, which found tha t the appellan t did

not present su fficien t evidence to suppor t a finding tha t he had been

subjected to a viola t ion of the New J ersey Sta te Policy Prohibit ing



denied.

B-54 LISA KING

Lisa King, a Sergeant (112 Day P ay Sta tus) with the Division of Sta te Police,

Depar tment of Law and Public Safety, appea ls the determina t ion of the Chief

of Sta ff, Office of the At torney Genera l, which found tha t the appellan t did

not present sufficien t evidence to suppor t a finding tha t she had been

subjected to a viola t ion of the New J ersey Sta te Policy Prohibit ing



denied.


B-55 BUILDING INSP ECTOR (M9110J ) AND (M0876L), J ERSEY CITY

The appoin t ing author ity’s fa ilure to dispose of the cer t ifica t ion for Building

Inspector (M9110J ) and (M0876L), J ersey City, while a provisiona l is serving

in the t it le, has been refer red to the Civil Service Commission for

enforcement .

ACTION: The Civil Service Commission ordered the appoin t ing author ity

to remove the provisiona l appoin tee, make an appoin tment from

the cer t ifica t ion and pay compliance cost s.

B-56 BUILDING INSP ECTOR (M0159M), TOWNSHIP OF LONG BEACH

The appoin t ing author ity’s fa ilure to dispose of the cer t ifica t ion for Building

Inspector (M0159M), Township of Long Beach, while a provisiona l is serving


enforcement .




B-57 ELECTRICAL SUBCODE OFFICIAL (M0144L), P OINT P LEASANT

BOROUGH

The appoin t ing author ity’s fa ilure to dispose of the cer t ifica t ion for Elect r ica l

Subcode Officia l (M0144L), Poin t Pleasant Borough, while a provisiona l is

serving in the t it le, has been refer red to the Civil Service Commission for

enforcement .




B-58 FIELD REP RESENTATIVE, HEALTH EDUCATION (M1046L), EAST

ORANGE

The Division of Sta te and Loca l Opera t ions request s tha t East Orange be

ordered to retur n the J anuary 4, 2010 cer t ifica t ion of the eligible list for F ield

Representa t ive, Hea lth Educa t ion (M1046L) for proper disposit ion .


granted.


B-59 KEYBOARDING CLERK 2 (P C0783M), CAMDEN COUNTY

Camden County request s permission not t o make an appoin tment from the

J anuary 5, 2011 cer t ifica t ion for Keyboarding Clerk 2 (PC0783M).

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

and assessed no select ion cost s a t th is t ime.

B-60 MANAGER 1, INFORMATION P ROCESSING (M0255K), NEWARK

The appoin t ing author ity’s fa ilure to dispose of the cer t ifica t ion for Manager

1, Informat ion Processing (M0255K), Newark, while a provisiona l is serving


enforcement .




B-61 MUNICIP AL COURT ADMINISTRATOR (M0274L), RAHWAY

The appoin t ing author ity’s fa ilure to dispose of the cer t ifica t ion for Municipa l

Court Administ ra tor (M0274L), Rahway, while a provisiona l is serving in the

t it le, has been refer red to the Civil Service Commission for enforcement .




B-62 P OLICE COMMUNICATIONS CLERK (M0938L), J ERSEY CITY

The appoin t ing author ity’s fa ilure to dispose of the cer t ifica t ion for Police

Communica t ions Clerk (M0938L), J ersey City, while a provisiona l is serving


enforcement .





B-63 P ROJ ECT SP ECIALIST AND P ROJ ECT SUP P ORT SP ECIALIST

The Depar tment of Hea lth and Senior Services request s tha t it be permit ted

to use the unclassified t it les of Project Specia list and Project Suppor t

Specia list for a per iod of two years.


granted.

B-64 P URCHASING ASSISTANT (M1234L), CITY OF CLIFTON

The City of Clifton request s permission not to make an appoin tment from the

October 25, 2010 cer t ifica t ion for Purchasing Assistan t (M1234L).


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

B-65 SECURITY GUARD (C1182L), HUDSON COUNTY SHERIFF’S

OFFICE

The appoin t ing author ity’s fa ilure to dispose of the cer t ifica t ion for Secur ity

Guard (C1182L), Hudson County Sher iff’s Office, while provisionals a re


enforcement .




B-66 SUP ERVISING SECURITY GUARD (P M0128M), WEST NEW YORK

The appoin t ing author ity’s fa ilure to dispose of the cer t ifica t ion for

Supervising Secur ity Guard (PM0128M), West New York, while a provisiona l

is serving in the t it le, has been refer red to the Civil Service Commission for

enforcement .


to either remove the provisiona l appoin tee or permanent ly

appoin t h im from the cer t ifica t ion , and pay compliance cost s.


B-67 SUP ERVISOR INFORMATION TECHNOLOGY HELP DESK (C1251L),

MONMOUTH COUNTY

Monmouth County request s permission not to make an appoin tment from the

March 2, 2011 cer t ifica t ion for Supervisor Informat ion Technology Help Desk

(C1251L).


and assessed no select ion cost s a t th is t ime.

VOTE: Robert M. Czech (Abstain ed)

Th om as J . P ern a (Yes)

Rich ard E. William s (Yes)

B-68 TECHNICAL ASSISTANT, CONTRACT ADMINISTRATION (M0604L),

BEVERLY

The appoin t ing author ity’s fa ilure to dispose of the cer t ifica t ion for Technica l

Assistan t , Cont ract Administ ra t ion (M0604L), Bever ly while a provisiona l is


enforcement .


to proper ly dispose of the cer t ifica t ion and pay compliance cost s.

B-69 VIOLATIONS CLERK (M0375L), BOROUGH OF SEASIDE P ARK

The Borough of Seaside Park request s permission not to make an

appoin tment from the November 4, 2009 cer t ifica t ion for Viola t ions Clerk

(M0375L).


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


B-70 LORELEI ALDEN, ET AL.

The appea ls of Lorelei Alden , Susan Carroll, and Robin Ripa , former Senior

Clerk Typist s with the Town of Hammonton, of their layoffs, effect ive J u ly

27, 2009, were heard by Administ ra t ive Law J udge W. Todd Miller (ALJ ),

who rendered h is in it ia l decision on September 28, 2011. At its meet ing on

November 2, 2011, the Civil Service Commission (Commission) adopted the

ALJ ’s recommenda t ion to uphold the good fa ith of their layoffs. However , the

Commission found it necessa ry to address t he 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-71 LUIS LOP EZ

The appea l of Luis Lopez, a Sanita t ion Worker with the Nor th Bergen

Municipa l Ut ilit ies Author ity, of h is remova l, effect ive May 12, 2008, on

charges, was heard by Administ ra t ive Law J udge Car idad F . Rigo (ALJ ), who

rendered her in it ia l decision on September 23, 2011. At it s meet ing on

November 2, 2011, the Civil Service Commission (Commission) adopted the

ALJ ’s recommenda t ion to uphold the remova l. However , the Commission

found it necessa ry to address the except ions and cross except ions filed by the

par 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-72 ELSIE VEGA MEDINA

The appea l of Elsie Vega Medina , a Police Officer with the City of Trenton , of

her remova l, effect ive J une 11, 2010, on charges, was heard by

Administ ra t ive Law J udge Tiffany M. Williams (ALJ ), who rendered her

in it ia l decision on September 6, 2011. At it s meet ing on November 2, 2011,

the Civil Service Commission (Commission) modified the ALJ ’s

recommenda t ion and acknowledged the set t lement agreement between the

pa r t ies, which imposed a wr it ten repr imand. The proposed decision is now

submit ted for the Commission’s review.

ACTION: The Civil Service Commission adopted the decision .


B-73 BRAD WITTJ E

The appea l of Brad Wit t je, a Human Services Assistan t with Ancora

Psychia t r ic Hospita l, Depar tment of Human Services, of h is remova l,

effect ive September 28, 2010, on charges, was heard by Administ ra t ive Law

J udge Elia A. Pelios (ALJ ), who rendered h is in it ia l decision on September 1,

2011. At it s meet ing on November 2, 2011, the Civil Service Commission

(Commission) adopted the ALJ ’s recommenda t ion to reverse the remova l.

However , the Commission found it necessa ry to address the except ions and

cross except ions filed by the pa r t ies. The proposed decision is now submit ted

for the Commission’s review.

ACTION: The Civil Service Commission adopted the decision .

B-74 SUZANNE CONWAY

Suzanne Conway appea ls the determinat ion of the Division of Select ion

Services which found tha t , per the subst itu t ion clause for educa t ion , she did

not meet the exper ience requirements for the promot iona l examina t ion for

Permit Coordina t ion Officer 2 Environmenta l Protect ion (PS1787G),

Depar tment of Environmenta l Protect ion .


granted.

B-75 STUART FRIEDMAN

Stuar t Fr iedman appea ls the determina t ion of the Division of Select ion

Services which found tha t he did not meet the exper ience requ irements for

the promot iona l examina t ion for Administ ra t ive Analyst 1, Data Processing

(PS8407G), Depar tment of Environmenta l Protect ion .


granted.


B-76 CARRIE HYLTON AND IGHO OJ UKWU

Carr ie Hylton and Igho Ojukwu appea l the determina t ions of the Division of

Select ion Services wh ich found tha t Igho Ojukwu did not meet t he exper ience

requirements, and Carr ie Hylton did not meet the exper ience requirements

per the subst itu t ion clause for educa t ion , for the promot iona l examina t ion for

Program Development Specia list 1 Menta l Health Services (PS9559K),

Greystone Park Psychia t r ic Hospita l.


denied.

B-77 RONDA J ONES AND J AMIE MCCLOSKEY

Ronda J ones and J amie McCloskey appea l the determina t ion s of the Division

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

requirements for the open compet it ive examina t ion for Habilit a t ion P lan

Coordina tor (S0744M), Sta tewide.


denied.

B-78 WILLIAM KIRKP ATRICK

William Kirkpa t r ick appea ls the determina t ion of the Division of Select ion

Services which found tha t he was below the minimum requirements in

exper ience for the open compet it ive examina t ion for Project Manager Da ta

Processing (C0164N), Bergen County.

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

denied.

B-79 BETH LARKIN

Beth Larkin appea ls the determina t ion of the Division of Select ion Services

which found tha t she was below the minimum requirements in exper ience for

the promot iona l examina t ion for Supervisor , Records Mana gement

(PS1751P), Division of Sta te Police, Depar tment of Law and Public Safety.


granted.


B-80 P ETER MIDGLEY

Peter Midgley appea ls the determina t ion of the Division of Select ion Service s

which found tha t he did not meet the exper ience requirements for the open

compet it ive examinat ion for Youth Oppor tunity Coordina tor (C0037N),

Hudson County.


denied.

B-81 J AMES MILLER

J ames Miller appea ls the determina t ion of the Division of Select ion Services

which found tha t he was below minimum requirements in exper ience for the

open compet it ive examina t ion for F ire Officia l (M2151N), Rockaway

Township.


denied.

B-82 BARBARA HURBANIS NOVICK

Barbara Hurbanis Novick appea ls the determina t ion of the Division of

Select ion Services which found tha t she was not eligible for the promot iona l

examina t ion for Socia l Work Supervisor (PC0076N), Gloucester County,

because she was not permanent ly serving in a t it le to which the examinat ion

was open .


granted and the appellan t ’s effect ive da te of appoin tment as a

Socia l Work Specia list be recorded as J anuary 17, 2005.

B-83 J AMES SCHULTZ

J ames Schultz appea ls the determina t ion of the Division of Select ion Services

which found tha t , per the subst itu t ion clause for educa t ion , he did not meet

the exper ience requirements for the promot iona l examina t ion for Technica l

Suppor t Specia list 1 (PS1412P), Division of Sta te Police.


denied.


B-84 ANGELA SFORZA

Angela Sforza appea ls the decision of the Division of Select ion Services which

found tha t , per the subst itu t ion clause for educa t ion , she did not meet the

exper ience requirements for the open -compet it ive examina t ion for Assistan t

Buyer (C2045N), Bur lington County.

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

denied.

B-85 LUIS WALKER

Luis Walker appea ls the decision of the Division of Select ion Services which

found tha t he did not meet the exper ience requirements for the promot iona l

examina t ion for Director of Welfa re (PC0774K), Cumber land County.


denied.

B-86 LORETTA L. WILSON

Loret ta L. Wilson appea ls the determina t ion of the Division of Select ion

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

promot iona l examinat ion for Pr incipa l Clerk (PM0173N), J ersey City School

Dist r ict .

ACTION: The Civil Service Commission directed tha t th is mat ter be held

over .

B-87 J AMES WYROUGH

J ames Wyrough appea ls the determina t ion of the Division of Select ion

Services wh ich found tha t he was below the minimum requirements in

exper ience for the promot iona l examina t ion for Assistan t Municipa l

Recycling Coordina tor (PM0918M), Hamilton Township.


granted.


B-88 J ENESSLEE CISCO AND MARSULLY GONZALEZ

J enesslee Cisco appea ls the administ ra t ion of the examina t ion for

Invest igator (S0049N), Sta tewide and Marsully Gonza lez appea ls the test

administ ra t ion of the examina t ion for Invest iga tor Bilingua l in Spanish a nd

English (S0050N), Sta tewide.


denied.

B-89 MONICA GALIANESE

Monica Galianese appea ls the denia l of her request for make-up

examina t ions for the open -compet it ive examinat ions for Invest iga tor

(S0049N), Sta tewide and Human Services Specia list 1 (C0063N), Monmouth

County.


denied.

VOTE: Robert M. Czech (Abstain ed)

Th om as J . P ern a (Yes)

Rich ard E. William s (Yes)

B-90 MOHAMMAD HATEFI

Mohammad Hatefi appea ls h is score on the examina t ion for Deputy F ire

Chief (PM0908M), At lan t ic City.


denied.

B-91 J AMES MULLINS

J ames Mullins appea ls h is score on the exa mina t ion for Deputy F ire Chief

(PM3646L), Kearny.


denied.


B-92 CIVIL SERVICE COMMISSION MINUTES

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

meet ing of November 2, 2011.

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

meet ing of November 2, 2011.

B-93 EARLY SETTLEMENT

In the Mat ter of Valerie Rosa -Weaver

Depar tment of the Treasury

Release a t the end of the working test per iod

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

B- 94 RAHMAUN HORTON

Rahmaun Horton , a Police Officer with Newark, represented by Bet te R.

Grayson, Esq., pet it ions the Civil Service Commission for a st ay of h is six -

month suspension , commencing on September 1, 2011, pending the outcome

of h is appea l before the Commission .


denied.

B- 95 DORIAN BEARFIELD

The Middlesex County Sher iff’s Office, on beha lf of Dor ian Bearfield, 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

Sher iff’s Officer with the Sher iff’s Office.


granted.


B- 96 J OSEP H SANGER

J oseph Sanger , represented by Bet te R. Grayson, Esq., pet it ions the Civil

Service Commission for a determina t ion with regard to the back pay and

counsel fees awarded in the decision In the Matter of J oseph S anger (CSC,

decided December 16, 2009).

ACTION: The Civil Service Commission granted back pay in the amount of

$57,717.45 and counsel fees in the amount of $26,990.

B- 97 INSP ECTOR 3, MULTIP LE DWELLINGS

The Depar tment of Community Affa irs request s permission to u t ilize the

specia l reemployment list s for Sub-Code Officia l, Const ruct ion Code Inspector

2, Const ruct ion Code Inspector 1, and Const ruct ion Code Inspector , New

Home Warranty Program, for appoin tments to Inspector 3, Mult iple

Dwellings.


granted.

B- 98 SUP ERVISING GEOLOGIST, ENVIRONMENTAL P ROTECTION AND

GEORGE BLYSKUN

The Depar tment of Environmenta l Protect ion request s relief on beha lf of

incumbents in the Supervising Geologist , Environmenta l Pr otect ion t it le and

Renee Bancroft , a Pr incipa l Geologist , Environmenta l Protect ion . George

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

Opera t ions tha t h is posit ion in the Depar tment of Environmenta l Protect ion

is proper ly classified as a Pr incipal Geologist , Environmenta l Protect ion .

Blyskun seeks a Supervising Geologist , Environmenta l Protect ion

classifica t ion .

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

for incumbents in the Supervising Geologist , Environmenta l

Protect ion t it le and Renee Bancroft be granted. The Civil Service

Commission directed tha t th e appea l of George Blyskun be

denied.


B- 99 P ROP OSED CIVIL SERVICE COMMISSION MEETING DATES FOR

2012

The proposed Civil Service Commission meet ing da tes a re submit ted for

approva l.

ACTION: The Civil Service Commission adopted the Civil Service

Commission meet ing da tes for 2012.

B-100 P ROP OSED AMENDMENT: N.J .A.C. 4A:3-4.10, DEMOTIONAL P AY

ADJ USTMENTS: STATE SERVICE

Submit ted for the Commission’s approva l is a Not ice of Proposa l to amend

N .J .A.C. 4A:3-4.10, Demot ional pay adjustments: Sta te service. The

proposed amendment would delete language prohibit ing an employee from

receiving a “sa la ry advantage” in cer ta in volunta ry demot ional situa t ions and

replace it with a sta tement prohibit ing the ru le to be used to ga in a “sa la ry

increase,” unless one of two except ions is met . A fur ther change to the ru le

would prevent some individua ls from “gaming” the system by taking a

demot ion a fter serving on ly four months in a t it le in order to receive a h igher

sa la ry than the employee had ea rned when previously serving in the

demot iona l t it le. It is recommended tha t th is proposa l be approved for

publica t ion in the New J ersey Register for public not ice and comment .

ACTION: The Civil Service Commission approved the proposa l for

publica t ion.


B-101 P ROP OSED AMENDMENT: N.J .A.C. 4A:6-1.3, SICK LEAVE


N .J .A.C. 4A:4-6-1.3, Sick leave. The amendment is in tended to more clea r ly

sta te tha t the only proper reasons for using sick leave are indica ted in

subsect ions (g) and (h). Subsect ion (g) st a tes tha t sick leave may be used by

employees unable to work due to persona l illness or in jury, exposure to

contagious disease, ca re of a ser iously ill immedia te family member , and dea th

in the immedia te family. Subsect ion (h) st a tes tha t sick leave may be used by

an employee with a disability for absences rela ted to acquir ing or using cer ta in

disability a ids. A fur ther change to N .J .A.C. 4A:6-1.3(g) would recognize the

pract ice of using sick leave for wellness and preventa t ive ca re appoin tments. A

new subsect ion (i) would sta te tha t sick leave sha ll not be used for any reasons

other than those specified in the ru le. It is recommended tha t t h is proposa l be

approved for publica t ion in the New J ersey Register for public not ice and

comment .

ACTION: The Civil Service Commission directed tha t th is mat ter be held

over .

B-102 P ROP OSED AMENDMENT: N.J .A.C. 4A:4-7.1A,

INTERGOVERNMENTAL TRANSFERS


N .J .A.C. 4A:4-7.1A, In tergovernmenta l t ransfers. An amendment to the ru le

would expand t he t ime frame, to one year from the cur rent 90 days, with in

which a la id-off civil service employee may receive an in tergovernmenta l

t ransfer . Addit iona lly, N .J .A.C. 4A:4-7.1A(b)1 would be changed, in ligh t of

the new New J ersey residency law, to sta te tha t a civilian t ransfer r ing

employee will be subject to the law if the employee has been la id off for a

per iod of more than seven days. No amendment regarding residency is

necessa ry for police and fire posit ions because these a re a lready subject to a

New J ersey residency requirement . It is r ecommended tha t th is proposa l be

approved for publica t ion in the New J ersey Register for public not ice and

comment .

ACTION: The Civil Service Commission approved the proposa l for

publica t ion.


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 m ee tin g w as adjou rn ed to con ven e on Wedn esday ,

Decem ber 7, 2011, a t 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 …€¦ · Jeffrey Grapes, Godfrey Deleon, Joseph Snyder, George Shershanovich, Lissette Morales, and Kenneth E. Carey, Sr., with