MINUTES OF REGULAR MEETING OF THE CIVIL SERVICE … · State Parole Board eligible list due to her...

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 20, 2013

Robert M. Czech , Ch airperson

Robert E. Bren n er

Rich ard E. William s

CIVIL SERVICE COMMISSION MEETING NOVEMBER 20, 2013 2

NOVEMBER 20, 2013

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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 , Novem ber 20, 2013, 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

Gen eral; Hen ry Mau rer, Director, Div is ion of Appeals an d Regu latory

Affa irs .

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 S ecre 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 30, 2012, 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 ifie d .


SECTION A – HEARING MATTERS

A-1 SETTLEMENTS

In the Mat ter of Irvin Acevedo

Mercer County

Depar tment of Correct ions

Remova l

In the Mat ter of Tyshema Hinnant

City of Newark

Police 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 EDDIE GONZALEZ

Eddie Gonza lez, Police Officer , City of Newark, Police Depar tment , remova l

effect ive J anuary 7, 2008, on charges of viola t ion of Police Depar tment ru les

and regula t ions regarding convict ion of a cr ime, conduct in public and pr iva te

and conduct unbecoming a public employee.

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

six-month suspension .

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

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

A-3 DAVID REEDINGER

David Reedinger , County Correct ion Officer , Middlesex County, Depar tment

of Adult Correct ions, remova l effect ive May 21, 2013, on charges of other

sufficien t cause, unauthor ized use of force, neglect of duty and conduct

unbecoming a public employee.

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

Angela Dubon, represented by Ciro Spina , Esq., appea ls her remova l from the

eligible list for Police Officer (S9999M) by P la infield 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 mat ter be held

over .

B-2 MARGARET BARNES -WILLIAMS

Margaret Barnes-Williams, Community Aide Schools/Teacher Aide, with the

Newark School Dist r ict , appea ls the determina t ion of her layoff r ights by the

Division of Classifica t ion and Personnel Management .

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

denied.

B-3 TRACY BEATON, ET AL.

Tracy Bea ton , J ames Eden, J ona than Harr igan , Shielah J ennings, Tanaya

J ohnson, Cornelius Poulson , Char les Robinson, Wacoa Smith , and Er ica

Walker , Custodia l Workers with the Newark School Dist r ict , r epresented by

Arnold Shep Cohen, Esq., appea l the determina t ion s of their layoff r ights by

the Division of Classifica t ion and Personnel Management .

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

denied.

B-4 ANGEL CONCEP CION, ET AL.

Angel Concepcion , Labor 1, Sharon McCormick, Keyboarding Clerk 1, and

Edna Wadley, Senior Maintenance Repa irer , with the Newark School

Dist r ict , represented by Arnold Shep Cohen, Esq., appea l the determina t ions

of their layoff r ights by the Division of Classifica t ion and Personnel

Management .


denied.


B-5 ROSE ANN FISCHER

Rose Ann F ischer , r epresented by Peter J . Cresci, Esq., appea ls Hudson

County’s decision to remove her from the posit ion of Super in tendent of

Weights and Measures.


denied.

VOTE: Robert M. Czech (Abstain ed)

Robert E. Bren n er (Yes)

Rich ard E. William s (Yes)

B-6 CHRISTOP HER WHITE

Christopher White, a Deputy Public Advoca te 2, New J ersey Division of Ra te

Counsel, in but not of, the Depar tment of the Treasury, appea ls the decision

of the Treasury to reloca te the office of the Division of Rate Counsel, effect ive

Apr il 8, 2013.


denied.

B-7 J OSHUA FELDMAN

J oshua Feldman, represented by Ca ther ine M. Elston , Esq., appea ls the

decision of the Division of Classifica t ion and Personnel Management which

found tha t Hudson County had presented a sufficien t basis to remove the

appellan t ’s name from the County Correct ion Lieutenant (PC2768L), Hudson

County, eligible list due to an unsa t isfactory background record.


denied.

B-8 LAMONT MCLAURIN

Lamont McLaur in appea ls the decision of the Depar tment of Correct ions to

remove h is name from the Correct ion Officer Recru it (S9998K), eligible list

due to an unsa t isfactory cr imina l record.


granted.


B-9 WILLIAM P EREZ

William Perez appeals the decision of the Division of Classifica t ion and

Personnel Management to remove his name from the Sher iff’s Officer

(S9999K), Passaic County eligible list due to h is fa ilure to appear and

complete pre-employment processing.


granted.

B-10 AMY YASHKAS

Amy Yashkas, represented by Gaetano De Sapio, Esq., appea ls the decision of

the Division of Classifica t ion and Personnel Management , which upheld the

bypass of her name on the County Cor rect ion Ser geant (PC2785L) and

(PC0982N), Hunterdon County, eligible lists.


denied.

B-11 NITA SHAH

Nita Shah appea ls her remova l from the Da ta Ent ry Opera tor 3 (PS1583I),

Sta te Parole Board eligible list due to her fa ilure to pass the cler ica l

performance examinat ion .


denied.

B-12 KEITH LONEY

Keith Loney, a Correct ion Sergeant with the Adult Diagnost ic and Trea tment

Center , Depar t ment of Correct ions, r equest s a ret roact ive da te of

appoin tment .


denied.


B-13 SANDRA CALLERY

The Town of Phillipsburg, represented by Richard W. Wenner , Esq., appea ls

the decision of the Division of Classifica t ion and Personnel Management that

the proper classifica t ion of Sandra Ca llery’s posit ion with Phillipsburg is

Assistan t Municipa l Tax Collector . The appellan t seeks a Pr incipa l Account

Clerk job classifica t ion .


denied.

B-14 J ENNIE HILL

J ennie Hill appea ls the decision of the Division of Classifica t ion and

Personnel Management tha t the proper classifica t ion of her posit ion with the

Depar tment of Treasury is Technica l Assistan t 1, Treasury. The appellan t

seeks a Program Technician job classifica t ion .


denied.

B-15 J OSE QUANN

J ose Quann appea ls the determina t ion of the Division of Classifica t ion and

Personnel Management tha t his posit ion with the Depar tment of Hea lth is

proper ly classified as Public Hea lth Representa t ive 2. The appellan t seeks a

Public Hea lth Representa t ive 1 job classifica t ion .

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

denied.

B-16 DATA BASE ANALYST 1 (S0219P ), DEP ARTMENT OF LABOR AND

WORKFORCE DEVELOP MENT

The Depar tment of Labor and Workforce Development , requests permission

not to make an appoin tment from the November 16, 2012 cer t ifica t ion for

Da ta Base Analyst 1 (S0219P), DOL.

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

but present ly assessed no select ion cost s .


B-17 SENIOR COMMUNITY SERVICE AIDE (M0096P ), CITY OF EAST

ORANGE

The City of East Orange request s permission not to make an appoin tment

from the November 26, 2012 cer t ifica t ion for Senior Community Service Aide

(M0096P).

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

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

B-18 TIFFANY BROWN, ET AL.

Tiffany Brown, Shellie Cross, J ennifer Dede, Kelechi Ezeadi, Sher i Ga llo,

Derr ick Lamont Harr is, Kareemah Harr is, Keith Hauber , Adellamar ie Link,

Karen Lynch-Mat t ioli, E lizabeth Pasquarella , Carole P ierce, Debra lee Seitz,

Thamar Slippe-Sampson, Shakeemah Smith , and J essica Umstot appea l t he

determina t ions of the Division of Select ion Services which found tha t they

were below the minimum requirements in exper ience for the promot iona l

examina t ion for County Services Specia list (PS1394K), Depar tmen t of

Children and Families.


denied.

B-19 J EFFREY HEALEY

J effrey Hea ley appea ls the determina t ion of the Division of Select ion Services

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

examina t ion for Administ ra t ive Ana lyst 2, Da ta Processing (PS8118N),

Depar tment of Labor and Workforce Development .


denied and the appellan t ’s provisional posit ion under go a

classifica t ion review.

B-20 MILISSA MITCHELL

Milissa Mitchell appea ls the determina t ion of the Division of Select ion

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

promot iona l examina t ion for Pr incipa l Purchasing Assistan t (PC1209R),

Camden County.


granted.


B-21 CHRISTOP HER MUMMERT

Chr istopher Mummer t appea ls the determina t ion of the Division of Select ion

Services tha t he did not meet the exper ience requirements for the

promot iona l examina t ion for Pr incipal Stock Clerk (PS6185J ), Rowan

University.


granted.

B-22 EARLY SETTLEMENTS

In the Mat ter of Kia ra Brown

Vineland Developmenta l Center

Depar tmen t of Human Services

Release a t the end of the working test per iod

In the Mat ter of Shakira Robinson

Vineland Developmenta l Center

Depar tment of Human Services

Release a t the end of the working test per iod

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


B-23 CHANGE IN CLASSIFICATION P LAN – TITLE CREATION

The Division of Classifica t ion and Personnel Management request s the

establishment of the Da tabase Administ ra tor and Data Architect t it le ser ies

in order to classify posit ions tha t a re pr imar ily responsible for da tabase

management or for data modeling, design , and warehousing.


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

granted.


B-24 CIVIL SERVICE COMMISSION MEETING DATES FOR 2014

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

approva l.

ACTION: The Civil Service Commission adopted the meet ing da tes for

2014.

B-25 J OEL E. J ONES

J oel E . J ones, represented by Darren M. Gelber , Esq., appea ls h is removal

from the eligible list for Police Officer (S9999M) by Woodbr idge on the basis

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


granted.

B-26 LYNDON J OHNSON

Lyndon J ohnson, a Police Lieutenant with the City of Long Branch,

represented by Stuar t J . Alterman, Esq., pet it ions the Civil Service

Commission for in ter im relief of h is immedia te suspension without pay,

effect ive December 26, 2012.


denied.

B-27 NICHOLAS CAP RIO

The City of Br idgeton request s relaxa t ion of the provisions of N .J .A.C. 4A:4-

7.1A so as to permit the in tergovernmenta l t ransfer of Nicholas Capr io from

the t it le of Sher iff’s Officer , Sa lem County Sher iff’s Office, to the t it le of

Police Officer , City of Br idgeton .


granted.


B-28 THOMAS TAYLOR

Voorhees Township, on beha lf of Thomas Taylor , requests tha t he be

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

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

Voorhees.


granted.

B-29 COLLEEN KELLER

Colleen Keller 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 Manager 4, Environmenta l Protect ion ,

Technica l/Scient ific/Engineer ing (PS2873G), Depar tment of Environmenta l

Protect ion .

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

over .

B-30 MARTY DIAS

The appea l of Mar ty Dias, a Police Officer with the City of East Orange, of

h is 180 calendar day suspen sion , on charges, was heard by Administ ra t ive

Law J udge J ames A. Geraghty (ALJ ), who rendered h is in it ia l decision on

September 23, 2013. At it s meet ing on November 7, 2013, the Civil Service

Commission adopted the ALJ ’s recommenda t ion to uphold the appel lan t ’s 180

ca lendar day suspension . However , the Commission found it necessa ry to

address the except ions and cross except ions filed on beha lf of 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-31 MARGUERITE VERNE CHERAMY

The appea l of Marguer ite Verne Cheramy, a Cot tage Tra ining Technician

with Nor th J ersey Developmenta l Center , Depar tment of Human Services, of

her remova l effect ive J u ly 27, 2012, on charges, was heard by Administ ra t ive

Law J udge Sandra Ann Robinson (ALJ ), who rendered her in it ia l decision on

September 26, 2013. At it s meet ing on November 7, 2013, the Civil Service

Commission accepted and adopted the enumera ted F indings of Facts as

conta ined in the a t tached in it ia l decision , with the except ion of numbers 13

and 62, but did not adopt the ALJ ’s recommenda t ion to reverse the remova l.

Rather , the Commission modified the remova l to a 120 ca lendar day

suspension . 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 (No)

Rich ard E. William s (Yes)

B-32 CIVIL SERVICE COMMISSION MINUTES

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

meet ing of November 7, 2013.

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

meet ing of November 7, 2013.

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

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

Decem ber 4, 2013, at 10:00 a .m ., at 3 Station P laza , Tren ton , New

J ersey .

_______________________________

Robert M. Czech

Ch airperson

Civ il Service Com m iss ion

MINUTES OF REGULAR MEETING OF THE CIVIL SERVICE … · State Parole Board eligible list due to her...

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