Selvin White, CSC Docket No. 2017-1737

BackgroundSelvin White, Jr. appeals the determination of the Division of Agency Services (Agency Services) which found that he did not meet the experience requirements for the promotional examination for Executive Assistant (PM1237U), Newark.

The subject examination was open to employees in the competitive division who have an aggregate of one year of continuous permanent service as of the closing date in any competitive title and who met the requirements. These requirements included graduation from an accredited college or university with a Bachelor's degree, AND three years of experience in program management with responsibility for planning, organizing, coordinating, staffing, reporting, and budgeting, or in assisting an executive with program development and implementation. Applicants who did not possess the required education could substitute additional experience as indicated on a year for year basis with thirty semester hour credits being equal to one year of experience. Possession of a Master’s degree in Public Administration, Business Administration, Management or related field from an accredited college or university could be substituted for one year of experience. These requirements had to be met as of the June 21, 2016 closing date. As no candidates were admitted, the examination was cancelled on December 2, 2016.

Appellant's argumentThe appellant indicated that he possessed a Bachelor’s Degree and a Master’s degree in Public Administration and as such, he needed to possess two years of applicable experience. The appellant listed eight positions on his application: Senior Management Assistant, Senior Consultant with Strategic Marketing Group,

Administrative Analyst with the City of Newark, Director/Office Manager/Scheduler for Representative Bill Pascrell, Jr., Executive Assistant for Congresswoman Julia Carson, Advance Personnel for Vice President Al Gore, Advance Personnel for President Bill Clinton, and Office Personnel for Representative Donald M. Payne, Sr. Official records indicate that the appellant was a Senior Administrative Analyst (full-time) with Newark for two years, from May 2008 to May 2010, in which he indicated on his application that he was working full-time as a Senior Consultant with Strategic Marketing Group. He was also a Senior Administrative Analyst for the period of time, from August 2006 to May 2007, that he indicated he was an Administrative Analyst with Newark. He was also a Senior Administrative Analyst from May 2010 to November 2010, when he indicated on his application that he was a Senior Management Assistant. None of his experience was accepted, and the appellant was found to be lacking two years of applicable experience.

On appeal, the appellant argues that his experience in the Federal government and with the City of Newark should qualify him for the examination, and he provides a resume outlining the duties of his positions.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a) provides that applicants shall meet all requirements specified in the promotional examination announcement by the closing date. N.J.A.C. 4A:4-2.6(c) provides in pertinent part that applicants for promotional examinations with open competitive requirements may not use experience gained as a result of out-of-title work to satisfy the requirements for admittance to the examination or for credit in the examination process, unless good cause is shown for an exception.

AnalysisThe appellant was correctly denied admittance to the subject examination since he lacked the required amount of qualifying experience. The job specification for Senior Management Assistant indicates that a person in this title provides varied, complex administrative services in support of a manager within the area of assignment, and assists in the coordination of management/administrative activities and assigned unit or work area. In contrast, the experience requirement for the subject title includes program management with responsibility for planning, organizing, coordinating, staffing, reporting, and budgeting, or in assisting an executive with program development and implementation. The Commission has determined that a “program” in government is generally considered to involve a unit responsible for performing projects and activities which are necessary to carry out the purpose or goal set forth and regulations or by law, focusing on a definite activity, providing a service to a specific third party, and generally required requiring allocated funding. See In the Matter of Veena Singh (CSC, decided February 6, 2013).

As duties for his Senior Management Assistant position, the appellant indicated that he was “responsible for the day-to-day administrative operation, manage, research, analyze, to provide recommendations, advice and expert professional assistance to the business administrator, on a wide range of highly complex, sensitive and confidential topics including staff/human resources management, record keeping, event planning and coordination of city activities of the business administrator’s office.” He also indicated that he managed and supervised the day-to-day administrative operations/functions within the Office of the Business Administrator. Clearly this is not program management, nor is it assisting with program development and implementation. The appellant also copied seven examples of work from the job specification for Executive Assistant for this position. In the absence of any corroborating information, such as a performance evaluation, duties copied directly from a job specification are not acceptable. Additionally, if the appellant performed these duties while as a Senior Management Assistant, they are out-of-title duties, and may not be used to satisfy the requirements for admittance to the examination. As such, the appellant’s experience as a Senior Management Assistant is not qualifying experience.

The appellant’s duties as a Senior Consultant with Strategic Marketing Group involved are the daily operations in coordination of political campaigns, fund raising and “GOTV.” Clearly this is inapplicable. As an Administrative Analyst, the appellant designed, maintained and reviewed programs and records to ensure compliance with regulatory requirements, assisted in the preparation of scheduled public meetings, developed in-house training seminars, registered training and educational seminars for staff members, maintained an administrative budget, and coordinated a computerization process. This is not program management, nor assisting an executive with program development and implementation. It also does not include budgeting and staffing.

As a Director/Office Manager/Scheduler for Representative Bill Pascrell, Jr., and also as an Executive Assistant for Congresswoman Julia Carson, the appellant managed daily administrative operations of congressional staff and “financial operations for the appropriate and effective use of office resources and enforcement of office polices;” provided information regarding compliance of rules and regulations; maintained and updated an employee handbook and policy and procedure manual; assisted staff with administrative procedures; conducted staff meetings; maintained files and oversaw leave and time records; managed official accounts including travel and vouchers; ordered office equipment; assisted in mass mailings; coordinated a daily schedule; scheduled rooms for outside group functions; and maintained notes and correspondence. In order for experience to be considered applicable, it must have as its primary focus full-time responsibilities in the areas required in the announcement. See In the Matter of Bashkim Vlashi (MSB, decided June 9, 2004). These descriptions have as the primary focus administrative support, not program management including budgeting and staffing or assisting the executive with program development and implementation.

As Advance Personnel for Vice President Al Gore, and Advance Personnel for President Bill Clinton, the appellant coordinated events and activities, directed logistical components, and organized motorcades. As Office Personnel for Representative Donald M. Payne, Sr., he maintained mail distribution, answered phones, recorded messages, distributed the mail, screened calls, assisted in greeted visitors, and drafted constituent responses. Neither of these descriptions include program management, or assisting an executive with program development and implementation.

The appellant was denied admittance to the subject examination since he lacked the minimum requirements in experience. An independent review of all material presented indicates that the decision of Agency Services, that the appellant did not meet the announced requirements for eligibility by the closing date, is amply supported by the record. The appellant provides no basis to disturb this decision. Thus, the appellant has failed to support his burden of proof in this matter.

ORDER

Therefore, it is ordered that this appeal be denied.

ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.