minutes of regular meeting of the civil service … · b-10 joseph napoleone joseph napoleone,...

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

FEBRUARY 8, 2012

Robert M. Czech , Ch airperson

Robert E. Bren n er

Rich ard E. William s

CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 2

Febru ary 8, 2012

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

Wedn esday, Febru ary 8, 2012, in Tren ton , New J ersey .

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

Bren n er and Rich ard E. William s; P am e la Ullm an , Depu ty Attorn ey

Ge n eral; Hen ry Mau rer, Director, Divis ion of Merit System P ractice s an d

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 28, 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 .

WITHDRAWAL OF AP P EALS

Th e fo llow in g appeals w ere w ith draw n an d rem oved from th e h earin g

calen dar:

Br idget Betancour t , Police Officer , City of Camden, Police Depar tment , fine.

Michael Bloom, Police Officer , Ewing Township, Depar tment of Public Safety,

layoff.

J ames Boelhower , F ire Prevent ion Specia list UFD, Woodbr idge, F ire Dist r ict #1,

suspension .

Er ic Burden , Sewer Repa irer , Township of Nor th Brunswick, Depar tment of Public

Works, suspension .

Frank Ca ta lano, Sher iff’s Officer , Essex County, Sher iff’s Depar tment , remova l.

Mark Church , Sher iff’s Officer , Cumber land County, Sher iff’s Officer , remova l.

Kenneth Dowzycki, Senior Libra r ian , Cla rk Public Libra ry, layoff.

Linnet t Fraser , Human Services Technician , Trenton Ps ychia t r ic Hospita l,

Depar tment of Human Services, remova l.

Thomas Grande, F ire Capta in , Township of Belleville, F ire Depar tment ,

suspension .

Michael Hendr icks, Police Officer , City of Camden, Police Depar tment , fine.

Larry Howell, Assistan t Personnel Officer , Newark Housing Author ity, layoff.

Walid J awawdeh, Const ruct ion Code Inspector 1, Depar tment of Community

Affa irs, layoff.

Dywon Kelsey, Sher iff’s Officer , Mercer County, Sher iff’s Depar tment , two

suspensions and remova l..

Ka thryn McFadden, County Correct ion Officer , Bur lington County J a il, suspension

and four remova ls.

Richard McGuire, Police Officer , City of Camden, Police Depar tment , fine.

Alessandra Viola , Police Officer , City of Hackensack, Police Depar tment ,

suspension .

Mar t in Walsh , Sewer P lant Opera tor , Mount Laurel, Depar tment of Ut ilit ies

Author ity, remova l.

Dennis York, Senior Correct ion Officer , New J ersey Sta te Pr ison , Depar tment of

Correct ions, remova l.

Mark Young, Police Officer , City of Camden, Police Depar tment , fine.

SECTION A – HEARING MATTERS

A-1 SETTLEMENTS

In the Mat ter of Rober t Curry

South Woods Sta te Pr ison

Depar tment of Correct ions

Suspension

In the Mat ter of J ohn Ruggiano

Camden County Board of Socia l Services

Suspension

In the Mat ter of Durwin Smalls

East J ersey Sta te Prison

Depar tment of Correct ions

Remova l

In the Mat ter of Angel Suarez

Hudson County

Depar tment of Roads and Public Proper ty

Remova l

In the Mat ter of Hope Tucci

Gloucester County

Emergency Response Depar tment

Suspension

RECOMMENDATION OF THE ADMINISTRATIVE LAW J UDGE IN

THE ABOVE CASES – SETTLEMENT

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

A-2 LASISI ADEKOLA

Lasisi Adekola , Regiona l Sta ff Nurse Medica l Assistance, Depar tment of

Hea lth and Senior Services, release a t the end of the working test per iod

effect ive J u ly 16, 2010.

Recommenda t ion of the Administ ra t ive Law J udge – Uphold the release a t

the end of the working test per iod.

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

the Administ ra t ive La w J udge.

A-3 WILLIAM HOUSEWORTH

William Houseworth , Supervisor of Recrea t ion , New J ersey Depar tment of

Correct ions, appea ls the good fa ith of the layoff effect ive J anuary 14, 2011,

for reasons of economy and efficiency.

Recommenda t ion of the Administ r a t ive Law J udge – Grant the appoin t ing

author ity’s mot ion for summary decision and dismiss the appea l.

the Administ ra t ive Law J udge and dismissed the appea l of

Mark Davis for fa ilure to appear .

A-4 NELSON BOVIER, ET AL

Nelson Bovier , et al., City of Passa ic, appea l the good fa ith of their layoffs

effect ive J une 18, 2010, for reasons of economy and efficiency.

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

with prejudice.

the Administ ra t ive Law J udge.

A-5 QUADIR LEWIS

Quadir Lewis, Senior Cor rect ion Officer , East J ersey Sta te Pr ison ,

Depar tment of Correct ions, 120-day suspension on char ges of neglect of duty,

conduct unbecoming a public employee, viola t ion of administ ra t ive

procedures and/or regula t ions involving sa fety and secur ity, other sufficien t

cause, viola t ion of a ru le, regula t ion , policy, procedure, order and

fa lsifica t ion .

Recommenda t ion of the Administ ra t ive Law J udge – Reverse the 120-day

suspension .

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

the Administ ra t ive Law J udge to a 15 day suspension .

A-6 P ATRICK BURNS

Pat r ick Burns, Police Sergeant , City of Bayonne, Police Depar tment , remova l

effect ive February 14, 2011, on charges of insubordina t ion , fa ilure to perform

duty and conduct unbecoming a public employee.

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

VOTE: Robert M. Czech (Abstain ed)

Robert E. Bren n er (Yes)

Rich ard E. William s (Yes)

A-7 J ENNIFER HARRIS -DRAKEFORD

J ennifer Harr is-Drakeford, Nurse’s Aide, Passa ic Cou nty, Preakness

Hospita l, removal effect ive J u ly 19, 2011, on charges of conduct unbecoming a

public employee, other sufficien t cause and viola t ion of County workplace

policy regarding violence, resident abuse, and neglect prevent ion and

procedure.

A-8 NELSON FERRER

Nelson Ferrer , Resident ia l Service Worker , New J ersey Veterans’ Memoria l

Home, Vineland, Depar tment of Milita ry and Veterans’ Affa irs, remova l,

effect ive August 31, 2010, on charges of conduct unbecoming a public

employee, other sufficien t cause and viola t ion of numerous policies regarding

sexua l misconduct and sexua l ha rassm ent .

SECTION B – MISCELLANEOUS MATTERS

B-1 TODD MARINO

Todd Marino appea ls h is r eject ion as a Correct ion Officer Recru it candida te

by the Depar tment of Correct ions and it s request to remove h is name from

the eligible list for Correct ion Officer Recru it (S9999K) on the basis of

psychologica l unfitness to perform effect ively the dut ies of the posit ion .

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

denied.

B-2 IRENE DARBY

Irene Darby, a J udicia ry Clerk 4 with the J udicia ry, Vicinage 13 – Somerset ,

Hunterdon and Warren Count ies, appea ls the denia l of sick leave in jur y (SLI)

benefit s.

granted.

B-3 CHRISTOP HER HUESSER

Christopher Huesser , a Senior Correct ion Officer with Alber t C. Wagner

Youth Correct iona l Facility, Depar tment of Correct ions, represent ed by

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

granted.

B-4 DONNA LESLIE

Donna Leslie, an Invest iga tor 3 with the Depar tment of Law and Public

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

granted.

B-5 ROBIN P EARCE

Robin Pearce, a Senior Correct ion Officer a t Edna Mahan Correct iona l

Facility for Women, Depar t ment of Correct ions, represented by Daniel

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

granted in pa r t .

B-6 MICHAEL DIP ASCALE

Michael DiPasca le, a Deputy F ire Ch ief with the F ire Depar tment , City of

Camden, represented by Frank M. Cr ivelli, 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-7 EDWARD GLASSMAN

Edward Glassman, a Deputy F ire Chief with the F ire Depar tment , City of

Camden appea ls the determina t ion of h is layoff r ights by the Division of

Sta te and Local Opera t ions.

granted in pa r t .

B-8 SHERITA FELDER

Sher ita Felder appea ls the remova l of her name from the Family Service

Specia list 1 (PS6667K), Depar tment of Children and Families, employment

list due to her fa ilure to respond to the Cer t ifica t ion Not ice.

granted.

B-9 CHARLES MILLS

Char les Mills, a Senior Water Repa irer with the Passa ic Valley Water

Commission , represented by Mario Rivera , Senior Sta ff Representa t ive,

Communica t ions Workers of Am erica , Loca l 1032, request s a hear ing

regarding h is 20 day suspension .

denied.

B-10 J OSEP H NAP OLEONE

J oseph Napoleone, represented by Char les J . Scia r ra , Esq., pet it ions the Civil

Service Commission for a make-up examina t ion for Police Lieutenant

(PM2513K), Clifton , the dismissa l of disciplina ry charges, and counsel fees

rela ted to the challenge of those disciplinary charges in accordance with the

orders of the Super ior Cour t , Law Division .

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

over .

B-11 SEAN BOGUCKI

The Depar tment of t he Treasury request s tha t the Civil Service Commission

author ize the promot ion of Sean Bogucki from the non -compet it ive t it le of

Repa irer to the compet it ive t it le of Mechanica l Equipment Specia list

pursuant to N .J .A.C. 4A:4-1.1(c)2.

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

granted.

B-12 ERIN EDWARDS, ET AL.

The At lan t ic City Municipa l Ut ilit ies Author ity, repres ented by J ohn C.

Mat thews, Esq., request s tha t Er in Edwards, Chr istopher Kunigelis, and

Sabr ina Showell be permit ted to file la te applica t ions for the open

compet it ive examinat ion for Water Trea tment P lant Opera tor Apprent ice

(M0422M), At lan t ic City Municipal Ut ilit ies Author ity.

granted in pa r t .

B-13 J EANETTE J IMENEZ

Woodbridge Township request s tha t J eanet te J imenez’s out -of-t it le

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

pending qua lifying examina t ion to the t it le of Senior Account Clerk.

granted.

B-14 ANTHONY LEMANSKI

Anthony Lemanski appea ls the residency code assigned to h im for the

examina t ion for Fire F ighter (M9999M).

granted and the appellan t ’s residency code be changed to 0906

J ersey City.

B-15 TIMOTHY O’NEIL

Timothy O’Neil, a Police Officer with Hillside, represented by Craig S.

Gumpel, Esq., appea ls the discont inua t ion of h is in ter im appoin tment to the

t it le of Police Sergeant .

denied.

B-16 KEVIN H. SANTUCCI

Berkeley Township request s tha t Kevin H. Santucci be provided with a

ret roact ive da te of permanent appoin tment as a Police Sergeant , effect ive

May 8, 2009.

granted.

B-17 GERSHOM OGILVIE

The appoin t ing author it y request s tha t the provisions of N .J .A.C. 4A:6-3.4(a ),

which govern the t ime per iod in which employees must file an applica t ion for

Supplementa l Compensa t ion on Ret irement (SCOR), be relaxed to permit

Gershom Ogilvie, a former Cook – 12 Months a t Nor th J ersey Developmenta l

Center , Depar tment of Human Services, to submit a la te applica t ion for

SCOR benefit s.

granted.

B-18 J OANNA RODRIGUEZ

The Depar tment of the Treasury request s tha t the p rovisions of N .J .A.C.

4A:4-1.1(c)2 be relaxed in order to permit it to promote J oanna Rodr iguez

from the non-compet it ive t it le of Clerk to the compet it ive t it le of Technica l

Assistan t 3. It a lso request s tha t Rodr iguez’s applicable out -of-t it le work be

considered in the promot iona l examina t ion process.

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

granted.

B-19 FELICIA TAYLOR

The Division of Sta te and Local Operat ions request s tha t Irvington be

permit ted to promote Felicia Taylor from the noncompet it ive t it le of

Keyboarding Clerk 1 to the compet it ive t it le of Records Suppor t Technician 2

pursuant to N .J .A.C. 4A:4-1.1(c)2.

granted.

B-20 TAHWANA BURKS

Tahwana Burks 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 Human Services is

proper ly classified as Accountant 2. The appellan t seeks an Administ ra t ive

Ana lyst 2, Account ing classifica t ion .

denied.

B-21 MARK CIFALOGLIO, ET AL.

Mark Cifa loglio, Wayne Fowler , and Francisco Sa lta r , represented by

J ennifer P isano, Esq., appea l the a t tached decisions of the Division of Sta te

and Loca l Opera t ions (SLO) tha t their posit ions with the Vineland F ire

Depar tment a re proper ly classified as F ire Lieutenant . Anthony Ba ldosaro,

Rober t Scarpa , and Luigi Tramontana , a lso represented by J ennifer P isano,

Esq., appea l the a t tached decisions tha t their posit ions a re proper ly classified

as F ire Capta in . The appellan ts seek classifica t ions of F ire Capta in , and

Ba t ta lion Fire Chief, respect ively.

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

denied.

B-22 LAURIE FANNING

Laur ie Fanning appea ls the decision of the Division of Sta te and Local

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

proper ly classified as Pensions Benefit s Specia list 2. The appellan t seeks a

Pensions Benefit s Specia list 1 classifica t ion .

denied.

B-23 MARIA LEBRON

Maria Lebron appeals the decision of the Division of Sta te and Local

correct ly classified as Technica l Assistan t 2, Treasury. The appellan t seeks a

Technica l Assistan t 1, Treasury classifica t ion .

denied.

B-24 VINCENT MERCURIO

Vincent Mercur io appea ls the decision of th e Division of Sta te and Loca l

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

Protect ion is proper ly classified as Crew Supervisor , Wildlife Management

Area Opera t ions. The appellan t seeks an Engineer -in-Charge of

Maintenance 4 classifica t ion .

denied.

B-25 EUGENIA P IERSON (J OSEP H)

Eugenia Pierson (J oseph) appea ls the decision of the Division of Sta te and

Loca l Opera t ions which found tha t her posit ion with the Depar tment of

Treasury is proper ly classified as Pensions Benefit s Specia list 2. The

appellan t seeks a Pensions Benefit s Specia list 1 classifica t ion .

denied.

B-26 GAY RANDOLP H-LEE

Gay Randolph -Lee appea ls the decision of the Division of Sta te and Loca l

proper ly classified as Pensions Benefit s Specia list 3. The appellan t seeks a

Pensions Benefit s Specia list 1 or 2 classifica t ion .

denied.

B-27 J OSEP H STEFANONI

J oseph Stefanoni appea ls the decision of the 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 Environmenta l Protect ion is Environmenta l Specia list 3, Site Remedia t ion .

The appellan t seeks an Environmenta l Specia list 4, Site Remedia t ion

classifica t ion .

denied, but the mat ter of th e proper classifica t ion of Ka th leen

Katz’s posit ion be refer red to the Division of Sta te and Loca l

Opera t ions for fur ther review.

B-28 BONNIE ZACHARIAS

Bonnie Zachar ias appea ls the determina t ion of the Division of Sta te and

Loca l Opera t ions tha t her posit ion with Phillipsburg is proper ly classified as

a Senior Housing Assistance Technician . The appellan t seeks a F ield

Representa t ive, Housing (Housing Assistance Program) classifica t ion .

denied.

B-29 BATTALION FIRE CHIEF (P M3509L), CITY OF TRENTON

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

Fire Chief (PM3509L), City of Trenton , while a provisional is serving in the

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

over .

B-30 CASHIER (M1281H) AND (M0924K), EAST ORANGE

East Orange requests permission not to make an appoin tment from the

September 16, 2009 cer t ifica t ion for Cashier (M1281H) and (M0924K).

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

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

B-31 CODE ENFORCEMENT OFFICER (M0619K), CAMDEN

The City of Camden requests the extension of the eligible list for Code

Enforcement Officer (M0619K).

granted.

B-32 COOK (C0045N), ATLANTIC COUNTY

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

May 11, 2011 cer t ifica t ion for Cook (C0045N).

ACTION: The Civil Service Commission granted the request for an

appoin tment wa iver and assessed no select ion cost s a t th is t ime.

B-33 FIRE CAP TAIN (P M3571J ), CITY OF TRENTON

The appoin t ing author ity’s fa ilure to d ispose of the cer t ifica t ion for F ire

Capta in (PM3571J ), City of Trenton , while provisiona ls a re serving in the

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

over .

B-34 P AUL DEHOP E

Paul DeHope, a former Sergeant First Class with the New J ersey 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 fa iled to establish tha t he 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-35 TOMASINA J OHNSON

Tomasina J ohnson, a former Senior Food Services Worker a t Greystone Park

Psychia t r ic Facility, Depar tment of Human Services, appea ls the

determina t ion of the Assistan t Commissioner , sta t ing tha t the appellant

fa iled to present sufficien 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-36 DANKA RANKOVICH

Danka Rankovich , a Senior Youth Worker with the J uvenile J ust ice

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

of the Chief of Sta ff, Office of the At torney Genera l, sta t ing tha t the appellant

fa iled to present sufficien 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-37 BRENDA WATKINS

Brenda Watkins, a Cot tage Tra ining Supervisor with Woodbin e

Developmenta l Center , Depar tment of Human Services, appea ls the

determina t ion of the Assistan t Commissioner , which found tha t the appellant

fa iled 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-38 J EFFREY EATON

The appea l of J effrey Ea ton , a Senior Correct ion Officer a t Alber t C. Wagner

Youth Cor rect iona l Facility, Depar tment of Cor rect ions, of h is 120 working

day suspension , 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 December 5, 2011,

recommending tha t the 120 working day suspension be reversed. At it s

meet ing on J a nuary 25, 2012, the Civil Service Commission (Commission) did

not adopt the ALJ ’s recommenda t ion . Ra ther , the Commission remanded the

mat ter 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 .

VOTE: Robert M. Czech (Yes)

Rich ard E. William s (Abstain ed)

B-39 CHRISTOP HER THWEATT

The appea l of Chr istopher Thwea t t , a St reet Repa irer with the Ci ty of

Hackensack, of h is remova l, effect ive October 12, 2010, on charges, was heard

by Act ing Director and Chief Administ ra t ive Law J udge Laura Sanders

(ALJ ), who rendered her in it ia l decision on December 20, 2011. At it s

meet ing on J anuary 25, 2012, the Civil Service Commission (Commission)

adopted the ALJ ’s r ecommenda t ion to modify the remova l to a six-month

suspension . 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-40 VALENTINE COOP ER

Valent ine Cooper , a Senior Correct ion Officer a t Nor thern Sta te Pr ison ,

Depar tment of Correct ions, represented by Daniel Geddes, Esq., pet it ions the

Civil Service Commission for reconsidera t ion of the fina l decision rendered on

Apr il 20, 2011, which upheld the denia l of sick leave in jury (SLI) benefit s.

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

reconsidera t ion be denied.

B-41 J ESSICA BALSECA CADENA

J essica Ba lseca Cadena appea ls the decision of the Division of Select ion

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

the promot iona l examina t ion for Management Specia list (PC0555N), Hudson

County.

denied.

B-42 YOLANDA HAWKINS

Yolanda Hawkins 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 Rea l Esta te Officer

(PM0361N), City of Camden.

granted.

B-43 ELIZABETH KOERKEL

Elizabeth Koerkel 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 open compet it ive examina t ion for Program Specia list ,

Specia l Child Health Services (C0163N), Cumber land County.

granted.

B-44 HENRY NGUYEN

Henry Nguyen appea ls the determina t ion of the Division of Select ion Services

which found tha t he was below the m inimum requirements in educa t ion for

the promot iona l examina t ion for Environmenta l Specia list 2 (PS3098T),

Depar tment of Transpor ta t ion .

denied.

B-45 MARLENE TERHUNE

Marlene Terhune appea ls the determina t ion of the Division of Select ion

Services tha t she did not meet the educa t ion and exper ience requirements for

the promot iona l examina t ion for Recrea t ion Program Specia list (PM0318M),

Township of West Milford.

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

granted.

B-46 J AMES D. TERRY

J ames D. Terry appea ls the determinat 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 Technica l Assistan t 3 (PS3246G),

Depar tment of Environmenta l Protect ion .

granted.

B-47 J AMES DONOVAN, ET AL.

J ames Donovan, Anthony Madda lone and Rober t Ryan (PM5004N), Bayonne;

David Muller (PM5019N), Ewing; David Brown, Nicola Flora and Vincent

Wolleon (PM5028N), J ersey City; David Feldhan (PM5029N), Kearny; J effrey

Grippa ldi (PM5035N), Long Branch; Bryan O’Hare (PM5041N), Mar lboro;

David Bonney (PM5043N), Millburn ; Anthony Facchin i and Willie Sier r a

(PM5074N), Union City; Piet ro DiGena (PM5076N), Union; and David

Mandamba and J ames Sarkos (PM5085N) At lan t ic City; appea l the writ ten

examina t ion for Police Lieutenant (va r ious jur isdict ions).

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

denied.

B-48 CIVIL SERVICE COMMISSION MINUTES

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

meet ing of J anuary 25, 2012.

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

meet ing of J anuary 25, 2012.

B-49 The Division of Sta te and Loca l Opera t ions request s the consolida t ion of

va r ious Word Processing Opera tor loca l government t it les with in

Occupa t iona l Group 20 (Cler ica l Occupa t ions).

granted.

B-50 The Division of Sta te and Loca l Opera t ions request s the inact iva t ion of 12

t it les used by var ious loca l government jur isdict ions.

granted.

B-51 The Office of Legisla ture Services request s the establishment of new

unclassified t it les. In accordance with N .J .S .A. 11A:3-4c, Sta te Unclassified

Service, employees in Legisla t ive Branch of Sta te Government sha ll be in the

unclassified service.

granted.

B-52 TONYA COLEMAN

The appea l of Tonya Coleman, a Human Services Assistan t with Ancora

Psychia t r ic Hospita l, Depar tment of Human Services, of two remova ls

effect ive February 16, 2010, on charges, was heard by Administ ra t ive Law

J udge Edward J . Delanoy, J r ., (ALJ ), who rendered h is in it ia l decision on

December 5, 2011. At it s meet ing on J anuary 25, 2012, th e Civil Service

Commission (Commission) adopted the ALJ ’s recommenda t ion to uphold the

appellan t ’s 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 fina l

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

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

B-53 P ROP OSED AMENDMENTS: N.J .A.C. 4A:2-2.3 AND 2.5 AND 4A:4-2.11

(NEW J ERSEY RESIDENCY)

Submit ted for the Commission’s approva l is a Not ice of Adopt ion of proposed

amendments to N .J .A.C. 4A:2-2.3 and 2.5 and 4A:4-2.11, regarding New

J ersey residency. These amendments would change civil service ru les in

ligh t of the recent ly enacted New J ersey residency law tha t went in to effect

on September 1, 2011. See P .L. 2011, c.70. An employee appoin ted on or

a fter September 1 must be a New J ersey resident . If a non -resident employee

appoin ted on or a fter tha t da te st ill hasn’t obta ined a pr incipa l New J ersey

residence with in one year , and has not received an exempt ion from the

residency requirement , th is would be a cause for discipline, and an

appoin t ing author ity would be able to suspend the employee immedia tely as

being unfit for duty. Addit iona lly, the Commission and civil service

appoin t ing author it ies would have to u t ilize a different set of standards for

determining New J ersey residency than the standards now used for

determining residency for loca l government . Two comments were received

dur ing the public comment per iod tha t do not necessita te any change upon

adopt ion . Therefore, it is recommended tha t th is proposa l be adopted

without change.

ACTION: The Civil Service Commission adopted the proposa l.

B-54 P AID LEAVE BANK P ILOT P ROGRAM

The Cha irperson , Civil Service Commission recommends the establishment of

a P ilot Program to a llow a ll Execut ive Branch Sta te employees who a re not

represented by a collect ive negot ia t ions agent and those represented Sta te

employees subject to va r ious Memoranda of Agreements to u t ilize any

remain ing paid leave bank days through December 31, 2012.

over .

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

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

Febru ary 22, 2012, at 10:00 a .m ., at 3 Station P laza , Trenton , New J ersey .

_______________________________

Robert M. Czech

Ch airperson

Civ il Service Com m iss ion

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