Esteban Rodriguez, CSC Docket No. 2019-1958

BackgroundEsteban Rodriguez appeals the determination of the Division of Agency Services (Agency Services) that he did not meet the experience requirements for the open competitive examination for Coordinator of Volunteers (M1059W), Jersey City.

The examination at issue was announced with specific requirements that had to be met as of the September 21, 2018 closing date. The education requirement was a Bachelor’s degree. The experience requirements were two years of administrative experience in programs which involved either recruitment, selection, training, and development of employees or volunteers or provision of social service, health care, educational, welfare or other similar human services or community services. Applicants who did not possess the required experience could substitute applicable experience on a year for year basis, with 30 semester hour credits being equal to one year of experience. A total of 15 candidates applied for the subject examination and one was found eligible. Certification OL190053 was issued containing the one eligible and its disposition is due April 22, 2019. The list expires on January 16, 2022.

On his application, the appellant indicated that he possessed 49 college credits. Additionally, appellant indicated that he was provisionally serving in the subject title from July 2018 to the September 21, 2018 closing date, a Leader for AmeriCorps VISTA from July 2017 to July 2018, an Outreach and Capacity Building for AmeriCorps VISTA from July 2016 to July 2017, a Volunteer and Community Partnership Coordinator for 30 hours per week from November 2014 to

November 2015 for La Casa de Don Pedro, a Property, Casualty, and Bank Sales Representative for State Farm from October 2012 to January 2014, and a Customer Service and Sales Representative from September 2010 to October 2012 for Wells Fargo Bank. Agency Services credited the appellant with four years and nine months of experience based on his 49 college credits (one year and seven months), his provisional experience in the subject title (three months), his experience as a Leader (one year) and Outreach and Capacity Building (one year), and as a Volunteer and Community Partnership Coordinator (one year and one month prorated for 30 hours per week equals 11 months), but determined that he lacked one year and three months of experience.

Appellant's argumentOn appeal, the appellant presents that while working for Wells Fargo, he worked closely with minority populations to assist them gaining financial independence. Additionally, in this position, he was involved in various community outreach programs concerning financial literacy and other community service programs. Similarly, while working for State Farm, he helped community members protect their families’ financial futures and was involved in volunteering in the local community. The appellant also asserts that while working for Wells Fargo and State Farm, he worked in administrative roles which included hiring, outreach, and actively assisting the public in protecting their assets. Further, he describes how he performed the required duties in his other positions. Therefore, the appellant argues that in addition to his education, he has nine years of the required experience.

CONCLUSION

RuleN.J.A.C. 4A:4-2.3(b)2 requires applicants to possess all the requirements specified in an announcement for an open competitive examination by the closing date. N.J.A.C. 4A:4-6.3(b) provides that the appellant has the burden of proof in examination appeals.

AnalysisIn the instant matter, Agency Services correctly determined that the appellant is not eligible for the examination. Per the substitution clause for education, the appellant needed six years of applicable experience. Agency Services correctly credited the appellant with four years and nine months of experience based on his education and experience while serving provisionally in the subject title and while working for AmeriCorps and La Casa de Don Pedro. However, Agency Services correctly determined that the appellant’s lacked one year and three months of required experience as his experience with Wells Fargo and State Farm cannot be credited. Specifically, in these positions, the appellant provided sales and customer service support concerning various financial services matters in for-profit environments. The appellant was not primarily performing administrative duties in programs for social service, health care, education, welfare or other community service organizations. Additionally, while the appellant may have had some community outreach or volunteering duties and some administrative duties while serving in these positions, his primary duties were not in the required areas. 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). Accordingly, there is no basis to disturb Agency Services’ decision.

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.