Thesy Inga, CSC Docket No. 2019-1744

BackgroundThesy Inga appeals the determination of the Division of Agency Services which found that she did not meet the minimum requirements in experience for the open- competitive examination for Computer Operator (M0478W), Paterson.

The subject examination had a closing date of April 23, 2018 and was open to residents of Paterson City and Passaic County who had one year of experience in the operation of a mainframe/departmental sized computer console in a computer room. Satisfactory completion of a course of study in computer operations at an accredited college, university, technical, or vocational school could be substituted for the one year of work experience. The appellant was found to be ineligible based on a lack of experience. As there were no admitted applicants, the examination was canceled on January 6, 2019.

The appellant listed three positions on her application, Computer Operator, Business Unit Application Support Analyst/IT Analyst with TD Bank, and Bilingual Customer Service Representative with TD Bank. The appellant was credited with seven months of experience in her provisional position, and was found to be lacking five months of qualifying experience.

Appellant's argumentOn appeal, the appellant states that she accrued applicable experience as a Business Unit Application Support Analyst/IT Analyst and she provides a few of her duties in that position.

CONCLUSION

RuleN.J.A.C. 4A:4-2.3(b) provides that applicants shall meet all requirements specified in the open competitive examination announcement by the closing date. N.J.A.C. 4A:4-2.1(f) provides that an application may only be amended prior to the announced closing date. N.J.A.C. 4A:1-1.2(c) states that the Civil Service Commission may relax a rule for good cause in particular situations, on notice to affected parties, in order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisInitially, the appellant was correctly found ineligible for the subject examination. The appellant was credited with seven months of experience in her provisional position. Her position as Business Unit Application Support Analyst/IT Analyst did not have the announced experience requirement as the primary focus. However, the examination was cancelled, and the appellant continues to serve provisionally in the title under test. Based on the circumstances presented, good cause has been established to relax the provisions of N.J.A.C. 4A:4-2.1(f) and N.J.A.C. 4A:4-2.3(b) to accept the appellant’s additional experience beyond the closing date and admit her to the examination.

ORDER

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