Michael Page, CSC Docket No. 2019-1509

BackgroundMichael Page 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 Mechanic, Diesel (C0520W), Morris County.

The subject examination was announced with specific requirements that had to be met as of the April 23, 2018 closing date. The requirements were successful completion of one year of training in automotive technology at an accredited community college or vocational school, and two years of experience in the installation, maintenance, and repair of diesel engines. Applicants who did not complete the training requirement could substitute one year of additional experience. It is noted that the examination was cancelled since all of the applicants, including the appellant, were found ineligible for the examination. Since the appellant did not possess one year of formal training as required in the announcement, he was required to possess three years of applicable experience.

A review of the appellant’s application reveals that he served provisionally in the subject title from September 2017 to April 2018, and as an Apprentice and Diesel Mechanic dating back to 2012. Upon review, Agency Services credited the appellant with two years and seven months of applicable experience for his work in the subject title and for certain periods as a Diesel Mechanic where he specifically indicated work with diesel engines. However, it did not credit him with any other applicable experience. Accordingly, Agency Services determined that the appellant lacked five months of applicable experience.

Appellant's argumentOn appeal, the appellant maintains that he possesses sufficient experience to qualify for the examination. He asserts, among other things, that he has been employed as a Diesel Mechanic since 2012, and his duties included, among other things, preventive maintenance, steering suspension maintenance, and general engine and brake repair. Moreover, the appellant asserts that he has gained additional applicable work experience while serving provisionally in 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 seven months of applicable experience based on his provisional service in the subject title and for certain periods as a Diesel Mechanic as listed on his application. However, a review of the record indicates that the appellant continues to serve provisionally in the title under test. The appellant now has enough applicable experience based on this service. Additionally, the situation is not competitive as the examination was cancelled due to lack of qualified applicants. Under these circumstances, good cause exists to relax the provisions of N.J.A.C. 4A:4-2.3(b) and accept the appellant’s provisional experience after the closing date, for eligibility purposes only, and admit him to the examination.

ORDER

Therefore, it is ordered that this appeal be granted, the cancellation of the examination be rescinded and the appellant’s application be processed.

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