George Lewis, CSC Docket No. 2019-1459

BackgroundGeorge Lewis appeals the determination of the Division of Agency Services (Agency Services) that he did not meet the experience requirement for the open competitive examination for Electrician (M0638W), Parsippany-Troy Hills.

The subject examination was announced with specific requirements that had to be met as of the May 21, 2018 closing date. The requirements were three years of experience in work involving the installation, inspection, repair, servicing, and maintenance of electrical equipment, appliances, machinery, and circuits. Seven applicants applied for the subject examination that resulted in a list of four eligibles with an expiration date of November 21, 2021. Six names were certified on the resultant (OL181330) certification and no appointments have been made.1

A review of the appellant’s application reveals that he served as a provisional Electrician from July 2015 to the May 21, 2018 closing date. He provided no other work experience on his application. Agency Services credited him with two years and eleven months of applicable experience for that work. Accordingly, Agency Services determined that the appellant lacked one month of applicable experience.

Appellant's argumentOn appeal, the appellant asserts, among other things, that he possesses over three years of Electrician experience. In this regard, he presents that he has over 20 years of applicable experience. Moreover, the appellant contends that he continues to serve provisionally in the subject title.

1 The first two names on the certification are from a still active previous list for the subject title.

BackgroundOfficial personnel records indicate that the appellant continues to serve provisionally in the subject title.

CONCLUSION

RuleN.J.A.C. 4A:4-2.3(b) provides that applicants shall meet all requirements specified in the open competitive announcement by the closing date. N.J.A.C. 4A:1- 1.2(c) provides that a rule may be relaxed for good cause in a particular situation. Initially, it is noted that Agency Services correctly credited the appellant with two years and 11 months of applicable experience based on his provisional service as an Electrician. While the appellant continues to serve as a provisional Electrician and gain experience after the closing date, there is not sufficient cause in this matter to relax the provisions of N.J.A.C. 4A:4-2.3(b) and accept such experience. Moreover, N.J.A.C. 4A:4-2.1(f) prohibits the amendment of an application after the closing date, such as here, where the appellant failed to list his full experience on his application and only did so on appeal. In prior matters, the Civil Service Commission has generally accepted experience gained after the closing date or an amended application where there is evidence that the already promulgated list is incomplete or the number of eligibles awaiting the examination would likely yield an insufficient number of eligibles. Neither is the case in this matter. There are currently six eligible candidates. Thus, the examination situation is competitive and there is not sufficient reason to relax the rules. Accordingly, the appellant has not presented good cause to accept his experience gained after the closing date or his prior experience and Agency Services’ finding of ineligibility is amply supported in the record.

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.