minutes of regular meeting of the civil service … · b-10 joseph napoleone joseph napoleone,...
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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 .
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 3
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.
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 4
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.
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 5
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.
ACTION: The Civil Service Commission a ffirmed the recommenda t ion of
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.
ACTION: The Civil Service Commission a ffirmed the recommenda t ion of
the Administ ra t ive Law J udge.
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 6
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.
ACTION: The Civil Service Commission a ffirmed the recommenda t ion of
the Administ ra t ive Law J udge.
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.
Recommenda t ion of the Administ ra t ive Law J udge – Uphold the remova l.
ACTION: The Civil Service Commission a ffirmed the recommenda t ion of
the Administ ra t ive Law J udge.
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 7
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 .
Recommenda t ion of the Administ ra t ive Law J udge – Uphold the remova l.
ACTION: The Civil Service Commission a ffirmed the recommenda t ion of
the Administ ra t ive Law J udge.
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.
ACTION: The Civil Service Commission directed tha t th is appea l be
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.
ACTION: The Civil Service Commission directed tha t th is appea l be
granted.
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 8
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.
ACTION: The Civil Service Commission directed tha t th is appea l be
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.
ACTION: The Civil Service Commission directed tha t th is appea l be
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.
ACTION: The Civil Service Commission directed tha t th is appea l be
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.
ACTION: The Civil Service Commission directed tha t th is appea l be
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.
ACTION: The Civil Service Commission directed tha t th is appea l be
granted.
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 9
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 .
ACTION: The Civil Service Commission directed tha t th is appea l be
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.
ACTION: The Civil Service Commission directed tha t th is request be
granted in pa r t .
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 10
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.
ACTION: The Civil Service Commission directed tha t th is request be
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).
ACTION: The Civil Service Commission directed tha t th is appea l be
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 .
ACTION: The Civil Service Commission directed tha t th is appea l be
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.
ACTION: The Civil Service Commission directed tha t th is request be
granted.
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 11
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.
ACTION: The Civil Service Commission directed tha t th is request be
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.
ACTION: The Civil Service Commission directed tha t th is request be
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 .
ACTION: The Civil Service Commission directed tha t th is appea l be
denied.
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 12
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 .
ACTION: The Civil Service Commission directed tha t th is appea l be
denied.
B-23 MARIA LEBRON
Maria Lebron appeals 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
correct ly classified as Technica l Assistan t 2, Treasury. The appellan t seeks a
Technica l Assistan t 1, Treasury classifica t ion .
ACTION: The Civil Service Commission directed tha t th is appea l be
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 .
ACTION: The Civil Service Commission directed tha t th is appea l be
denied.
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 13
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 .
ACTION: The Civil Service Commission directed tha t th is appea l be
denied.
B-26 GAY RANDOLP H-LEE
Gay Randolph -Lee 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 3. The appellan t seeks a
Pensions Benefit s Specia list 1 or 2 classifica t ion .
ACTION: The Civil Service Commission directed tha t th is appea l be
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 .
ACTION: The Civil Service Commission directed tha t th is appea l be
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 .
ACTION: The Civil Service Commission directed tha t th is appea l be
denied.
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 14
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 .
ACTION: The Civil Service Commission directed tha t th is mat ter be held
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).
ACTION: The Civil Service Commission directed tha t th is request be
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 .
ACTION: The Civil Service Commission directed tha t th is mat ter be held
over .
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 15
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.
ACTION: The Civil Service Commission directed tha t th is appea l be
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.
ACTION: The Civil Service Commission directed tha t th is appea l be
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.
ACTION: The Civil Service Commission directed tha t th is appea l be
denied.
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 16
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.
ACTION: The Civil Service Commission directed tha t th is appea l be
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)
Robert E. Bren n er (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 .
VOTE: Robert M. Czech (Yes)
Robert E. Bren n er (Yes)
Rich ard E. William s (Abstain ed)
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 17
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.
ACTION: The Civil Service Commission directed tha t th is appea l be
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.
ACTION: The Civil Service Commission directed tha t th is appea l be
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.
ACTION: The Civil Service Commission directed tha t th is appea l be
granted.
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 18
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 .
ACTION: The Civil Service Commission directed tha t th is appea l be
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 .
ACTION: The Civil Service Commission directed tha t th is appea l be
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.
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 19
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.
VOTE: Robert M. Czech (Yes)
Robert E. Bren n er (Yes)
Rich ard E. William s (Abstain ed)
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).
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 20
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 21
ACTION: The Civil Service Commission directed tha t th is request be
granted.
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 22
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.
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 23
ACTION: The Civil Service Commission directed tha t th is request be
granted.
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 24
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.
ACTION: The Civil Service Commission directed tha t th is request be
granted.
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 25
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 .
VOTE: Robert M. Czech (Yes)
Robert E. Bren n er (Yes)
Rich ard E. William s (Abstain ed)
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.
CIVIL SERVICE COMMISSION MEETING FEBRUARY 8, 2012 26
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.
ACTION: The Civil Service Commission directed tha t th is mat ter be held
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