Anastasia Taboada, CSC Docket No. 2019-1546

BackgroundAnastasia Taboada appeals the determination of the Division of Agency Services (Agency Services) that she did not meet the experience requirements for the promotional examination for Management Assistant (PC1299W), Atlantic County.

The education requirement for the subject examination was a Bachelor’s degree. The experience requirements were one year of experience performing complex administrative support work which must have included the interpretation, verification and/or application of department/agency rules, regulations, policies and procedures by the May 21, 2018 closing date. See N.J.A.C. 4A:4-2.6(a). Applicants who did not possess the required education could substitute additional experience on a year for year basis with 30 semester hour credits being equal to one year of experience. As the appellant, the only applicant, was found ineligible, the examination was cancelled on December 14, 2018.

Personnel records indicate that the appellant was provisionally serving in the subject title from February 2018 to the May 21, 2018 closing date, a Keyboarding Clerk 3 from June 2016 to February 2018 and in various Clerk titles from August 2012 to June 2016. Agency Services credited the appellant with two years and six months of experience based on her 67 college credits and four months of experience for her provisional service in the subject title, but determined that she lacked two years and six months of experience.

The record demonstrates that the appellant performed applicable out-of-title work as a Keyboarding Clerk 3 and in various Clerk titles, as, in support of her appeal, her supervisor describes how and why the appellant primarily performed the required out-of-title duties for more than two and one-half years. Further, the appointing authority confirms that it authorized the appellant’s out-of-title work due to business necessity. Additionally, the examination was cancelled and the appellant continues to serve provisionally in the title. Accordingly, in this matter, the Civil Service Commission finds good cause under N.J.A.C. 4A:4-2.6(c) to accept the appellant’s out-of-title work experience for eligibility purposes only, and admit her to the examination.

This determination is limited to the instant matter and does not provide precedent in any other matter.

ORDER

Therefore, it is ordered that the appeal be granted, the cancellation of the examination be rescinded and Anastasia Taboada’s application be processed for prospective employment opportunities only.

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