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

AGENDA OF REGULAR MEETING OF

THE CIVIL SERVICE COMMISSION

NOVEMBER 18, 2015

Robert M. Czech , Ch airperson

Th om as J . P ern a

Rich ard E. William s

CIVIL SERVICE COMMISSION MEETING NOVEMBER 18, 2015 2

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

J azmin Andrews

J uvenile Detent ion Officer

Bergen County

Depar tment of Human Services

Remova l

Niam Camp

Correct ion Sergeant

Cent ra l Recept ion and Assignment Facility

Depar tment of Correct ions

Suspension

Chr ist ine Coleman

Sher iff’s Officer

Passa ic County

Sher iff’s Depar tment

Suspension

Oscar Davis

Police Officer

City of Newark

Police Depar tment

Suspension

Shi Gao

Human Services Specia list 1

Hudson County

Depar tment of Family Services

Remova l

RECOMMENDATION OF THE ADMINISTRATIVE LAW J UDGE IN

THE ABOVE CASES – SETTLEMENT

ACTION:

CIVIL SERVICE COMMISSION MEETING NOVEMBER 18, 2015 3

A-2 MICHAEL HOYER

Michael Hoyer , Sign Technician 3, Depar tment of Transpor ta t ion , removal

effect ive J anuary 6, 2015, on charges of conduct unbecoming a public

employee and other sufficien t cause.

Recommenda t ion of the Administ ra t ive Law J udge – Modify remova l to a 60

working day suspension .

ACTION:

A-3 DONNIS J ACKSON

Donnis J ackson, F ield Representa t ive Housing, Housing Assistance Program,

Depar tment of Community Affa irs, return to former ly held permanent t it le a t

the end of working test per iod.

Recommenda t ion of the Administ ra t ive Law J udge – Uphold return to

previously held permanent t it le.

ACTION:

A-4 ANN MARIE J EUDY

Ann Marie J eudy, Inst itu t ional At tendant , Morr is County, Depar tment of

Human Services, 180 ca lendar day suspension on charges of chron ic and

excessive absenteeism or la teness, neglect of duty, and other sufficien t cause.

Recommenda t ion of the Administ ra t ive Law J udge – Uphold the 180

ca lendar day suspension .

ACTION:

A-5 SEAN LAVIN

Sean Lavin , Sher iff’s Officer Sergeant , Mercer County, Sher iff’s Depar tment ,

indefin ite suspension on charges of convict ion of a cr ime, conduct unbecoming

a public employee and other sufficien t cause.

Recommenda t ion of the Administ ra t ive Law J udge – Grant mot ion for

summary decision and uphold the indefin it e suspension .

ACTION:

CIVIL SERVICE COMMISSION MEETING NOVEMBER 18, 2015 4

A-6 THOMAS MONTELEONE

Thomas Monteleone, County Correct ion Lieutenant , Hudson County,

Depar tment of Cor rect ions, 10 working day suspension on charges of

insubordina t ion and neglect of duty.

Recommenda t ion of the Administ ra t ive Law J udge – Reverse the 10 working

day suspension .

ACTION:

A-7 J AVIER MORALES

J avier Mora les, Mechanic, City of Newark, Depar tment of Engineer ing,

remova l effect ive August 19, 2014, on charges of incompetency, inefficiency,

or fa ilure to perform dut ies; conduct unbecoming a public employee; neglect

of duty; misuse of public proper ty, including motor vehicles; and other

sufficien t cause.

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

10 working day suspension , with back pay and a resigna t ion in good standing

as of the da te of h is h ire as a firefighter .

ACTION:

A-8 INITIAL DECISION ON THE AP P EAL OF 2010 NEWARK HOUSING

AUTHORITY LAYOFF (CONSOLIDATED)

The Skilled Trades Associa t ion , Inc., the union for severa l employees of the

Newark Housing Author ity (NHA), appea led the good fa ith of the 2010

Newark Housing Author ity Layoff.

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

ACTION:

SECTION B – MISCELLANEOUS MATTERS

B-1 R.R. – CSC DOCKET NO. 2015-467

R.R. appea ls h is reject ion as a Police Officer candida te by the Dept ford

Township Police Depar tment and it s request to remove h is name from the

eligible list for Police Officer (S9999R) on the basis of psychologica l unfitness

to perform effect ively the dut ies of the posit ion .

ACTION:

CIVIL SERVICE COMMISSION MEETING NOVEMBER 18, 2015 5

B-2 DARRYL J ONES – CSC DOCKET NO. 2015-2857

Darryl J ones, represented by Bet te R. Grayson, Esq., appea ls the a t tached

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

(CPM) which found tha t the appoin t ing author ity had presented a sufficien t

basis to remove his name from the eligible list for Fire Fighter (M2554M),

Newark, on the basis of an unsa t isfactory background repor t .

ACTION:

B-3 FABRICIO LOP EZ – CSC DOCKET NO. 2016-713

Fabr icio Lopez, represen ted by Dona ld B. Ross, Esq., appea ls the

determina t ion of the Division of Agency Services upholding the remova l of h is

name from the eligible list for Sher iff’s Officer (S9999R), Hudson County, on

the basis of fa lsifica t ion of h is applica t ion.

ACTION:

B-4 KINDLER P AYNE – CSC DOCKET NO. 2015-3351 AND 2015-3354

Kindler Payne, represented by J ames Katz, Esq., appea ls the a t tached

decisions of the Division of Agency Services (Agency Services) which found

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

name from the eligible list s for County Police Officer and County Correct ion

Officer (S9999R), Camden County, on the basis of an unsa t isfactory dr iving

record.

ACTION:

B-5 TIMOTHY WALSH – CSC DOCKET NO. 2015-316 AND 2015-406

Timothy Walsh , represented by Nicholas J . Pa lma, Esq., appea ls h is

resigna t ion as a Police Officer with the Township of Nut ley (Nut ley). Mr .

Walsh a lso appea ls the determina t ion of the former Division of Classifica t ion

and Personnel Management which found tha t Essex County had presented a

sufficien t basis to remove h is name from eligible list for Sher iff’s Officer

(S9999M), Essex County on the basis of an unsa t isfactory background repor t .

ACTION:

CIVIL SERVICE COMMISSION MEETING NOVEMBER 18, 2015 6

B-6 J OSHUA BROWN, ET AL. – CSC DOCKET NO. 2016-429

J oshua Brown, Chr istopher Har ty, J effrey J anney, LaShonna Mat lock,

Vin icius Pa iva and Lauren Williams appea l the determina t ions of the

Division of Agency Services tha t their posit ions with the Department of the

Treasury a re proper ly classified as Invest iga tor 2, Taxa t ion . The appellan ts

seek Invest iga tor 1, Taxa t ion job classifica t ions.

ACTION:

B-7 GREGORY DAVIS – CSC DOCKET NO. 2016-694

Gregory Davis, represented by Michael L. Pr igoff, Esq., appea ls the decision

of the Division of Agency Services tha t the pr oper classifica t ion of h is posit ion

with the Depar tment of Environmenta l Protect ion is Environmenta l

Specia list 2. The appellan t seeks an Environmenta l Specia list 3 job

classifica t ion .

ACTION:

B-8 ART ENG – CSC DOCKET NO. 2015-3035

Art Eng appea ls th e decision of the Division of Agency Services tha t

determined the proper classifica t ion of h is posit ion with the Depar tment of

Labor and Workforce Development is Administ ra t ive Ana lyst 2. The

appellan t seeks an Administ ra t ive Ana lyst 1 job classifica t ion .

ACTION:

B-9 ROSEMARIE MILLAN – CSC DOCKET NO. 2015-3308

Rosemarie Millan appea ls the decision of the Division of Agency Services,

which found tha t her posit ion with the Depar tment of Environmenta l

Protect ion is proper ly classified as an Administ ra t ive Assistan t 3. The

appellan t seeks an Administ ra t ive Ana lyst 3 job classifica t ion .

ACTION:

B-10 SUZANNE P IROZZI-TORO – CSC DOCKET NO. 2015-3165

Suzanne P irozzi-Toro appea ls the a t tached decision of the Division of Agency

Services which found tha t her posit ion with the Depar tment of Correct ions is

proper ly classified as Educa t ion Program Assistan t 2. The appellan t seeks

an Educa t ion Program Assistan t 1 job classifica t ion .

ACTION:

CIVIL SERVICE COMMISSION MEETING NOVEMBER 18, 2015 7

B-11 ELIZABETH P OLSTER – CSC DOCKET NO. 2016-7

Elizabeth Polster appea ls the decision of the Division of Agency Services

which found tha t her posit ion with the Depar tment of Banking and

Insurance is proper ly classified as Invest iga tor 2. The appellan t seeks an

Invest igator 1 job classifica t ion .

ACTION:

B-12 TINA SANTOS – CSC DOCKET NO. 2015-2780

Tina Santos appea ls the decision of the Division of Agency Services which

found tha t her posit ion with the Depar tment of Law and Public Safety is

proper ly classified as Senior Clerk Typist . The appellan t seeks an Agency

Services Representa t ive 4 job classifica t ion .

ACTION:

B-13 ABIGAL AGOSTO – CSC DOCKET NO. 2015-2510

The Office of the Public Defender request s tha t Abiga l Agosto’s out -of-t it le

work exper ience be accepted as qua lifying exper ience for the t it le Supervisor

F isca l Accounts, Office of the Public Defender .

ACTION:

B-14 LEONARD GILBERT – CSC DOCKET NO. 2015-315

Leonard Gilber t appea ls the determina t ion of the Division of Agency Services

which found tha t , per the subst itu t ion clause for educa t ion , he was below the

minimum requirements in exper ience for the promot iona l examina t ion for

Building Management Services Specia list 2 (PS0083R), Board of Public

Ut ilit ies.

ACTION:

B-15 DANIELLE KATSEMP RIS – CSC DOCKET NO. 2016-607

Danielle Ka tsempris appea ls the determina t ion of the Division of Agency

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

promot iona l examinat ion for Administ ra t ive Ana lyst 2, Da ta Processing

(PS0627U), Office of Informat ion Technology.

ACTION:

CIVIL SERVICE COMMISSION MEETING NOVEMBER 18, 2015 8

B-16 ZSOLT KOVACS – CSC DOCKET NO. 2016-570

Zsolt Kovacs appea ls the determina t ion of the Division of Agency Services

tha t he did not meet the exper ience requirements for the open -compet it ive

examina t ion for Occupa t iona l Safety Consultan t 2 (S0186T), Sta tewide.

ACTION:

B-17 DENA SANNA – CSC DOCKET NO. 2016-703

Dena Sanna appea ls the determina t ion of the Division of Agency Services

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

examina t ion for Administ ra t ive Secreta ry/Office Services Manager

(PC0110T), Mercer County.

ACTION:

B-18 ELENITA K. SILVA – CSC DOCKET NO. 2015-2463

The Depar tment of Human Services request s tha t Elenita K. Silva ’s out -of-

t it le work exper ience be accepted as qua lifying exper ience for the t it le

Technica l Program Assistan t , Personnel, Depar tment of Human Services.

ACTION:

B-19 NICK MIGLIARESE – CSC DOCKET NO. 2016-1458

Nick Miglia rese appea ls the denia l of h is r equest for a make-up examina t ion

for Media l Secur ity Officer Recru it (S0239T), Sta tewide.

ACTION:

B-20 DEBRA P IERCE – CSC DOCKET NO. 2016-707

The Office of the At torney Genera l, on beha lf of Debra P ierce, request s tha t

her out -of-t it le work exper ience be accepted to qua lify her for a prospect ive

promot iona l examinat ion for Administ ra t ive Ana lyst 2, Procurement , Office

of the At torney Genera l.

ACTION:

CIVIL SERVICE COMMISSION MEETING NOVEMBER 18, 2015 9

B-21 J OHN IRBY – CSC DOCKET NO. 2016-1066

Burlington County, r epresented by Carmen Saginar io, J r ., Esq., pet it ions the

Civil Service Commission for a stay of the a t tached fina l decision rendered on

J u ly 29, 2015, which reversed J ohn Irby’s remova l and ordered h is immedia te

reinsta tement , and payment of mit iga ted back pay and counsel fees, pending

the outcome of it s appea l to the Super ior Cour t , Appella te Division .

ACTION:

B-22 J USTIN MILLER – CSC DOCKET NO. 2015-392

Middlesex County, represented by Benjamin D. Leibowitz, Senior Deputy

County Counsel, request s reconsidera t ion of the decision rendered on J une

18, 2014 which ordered tha t J ust in Miller be granted back pay, benefit s,

sen ior ity and counsel fees.

ACTION:

B-23 EGBERTO COLON – CSC DOCKET NO. 2016-1303

Egber to Colon , a Police Sergeant with the City of Elizabeth , represented by

J ames M. Mets, Esq., pet it ions the Civil Service Commission for in ter im

relief regarding h is immedia te suspension .

ACTION:

B-24 ARNALDO MENDOZA – CSC DOCKET NO. 2016-794

Arna ldo Mendoza appea ls the bypass of h is name on the Human Services

Specia list 3, Bilingua l in Spanish and English (PC0078S), Sa lem County

Board of Socia l Services eligible list .

ACTION:

B-25 OMNIQUE MALLARD – CSC DOCKET NO. 2015-2251

Omnique Malla rd request s enforcement of a classifica t ion determina t ion

concern ing her posit ion with the J ersey City School Dist r ict .

ACTION:

CIVIL SERVICE COMMISSION MEETING NOVEMBER 18, 2015 10

B-26 J OSEP H ZARRO – CSC DOCKET NO. 2016-1637

North Arlington , on beha lf of J oseph Za rro, request s tha t he be permit ted to

pa r t icipa te in the in tergovernmenta l t ransfer program.

ACTION:

B-27 J OINT ORDER OF CONSOLIDATION AND P REDOMINANT

INTEREST - MARCIA DAVIS AND P BA LOCAL 105 v .

MOUNTAINVIEW YOUTH CORRECTIONAL FACILITY – CSC

DOCKET NO. 2015-788

Administ ra t ive Law J udge Rober t Bingham, II (ALJ ) issued an Order of

Consolida t ion and Predominant In terest in the mat ters of Marcia Davis and

PBA Loca l 105 v. Mounta inview Youth Correct iona l Facility. Based on the

ALJ 's Order , the Civil Service Commission and the Public Employment

Rela t ions Commission developed a J oin t Order .

ACTION:

B-28 CIVIL SERVICE COMMISSION MINUTES

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

meet ing of November 5, 2015.

ACTION:

CIVIL SERVICE COMMISSION MEETING NOVEMBER 18, 2015 11

B-29 CHANGE IN THE STATE CLASSIFICATION P LAN – TITLE TO BE

MADE ARCHAIC

The Division of Agency Services request s tha t the Supervisor , Administ ra t ive

Unit t it le be made a rcha ic.

ACTION:

CIVIL SERVICE COMMISSION MEETING NOVEMBER 18, 2015 12

B-30 CHANGE IN CLASSIFIATION P LAN – TITLE INACTIVATION

The Division of Agency Services request s the inact iva t ion of the Pr incipa l

Radiologica l Technician t it le.

ACTION:

CIVIL SERVICE COMMISSION MEETING NOVEMBER 18, 2015 13

B-31 P ATRICK CAIAZZO – CSC DOCKET NO. 2016-1436

Pat r ick Ca iazzo appea ls the determinat ion of the Division of Agency Services

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

promot iona l examina t ion for Records Manager (PC0820T), Monmouth

County.

ACTION:

B-32 TIA SMITH – CSC DOCKET NO. 2016-1492

Tia Smith , a County Correct ion Officer with the Camden County Correct iona l

Facility, represented by J effrey S. Ziegelheim, Esq., pet it ions the Civil

Service Commission for relief of her 180 day suspension effect ive September

14, 2015.

ACTION: