Ashley Day, CSC Docket No. 2019-2179

BackgroundAshley Day appeals the determination of the Division of Agency Services (Agency Services) that she did not meet the experience requirement for the promotional examination for Principal Clerk Typist (PS4112K), Department of Children and Families.

The promotional examination was announced with specific requirements which had to be satisfied by the February 21, 2018 closing date. The pertinent requirements were two years of keyboarding experience which shall have included clerical work containing a relatively large proportion of difficult tasks. A total of three employees applied for the subject examination which resulted in a list of one eligible with an expiration date of October 10, 2021. One certification was issued and one appointment has been made.

The appellant listed on her application and resume that she served provisionally in the subject title from September 2017 to the February 21, 2018 closing date. Agency Services credited her with six months of applicable experience for that work. The appellant also indicated that she served as an Institutional Telephone Operator from January 2016 to September 2017, and as a Senior Clerk from March 2010 to January 2016. Agency Services did not credit her with any other applicable experience. Accordingly, Agency Services determined that the appellant lacked one year and six months of applicable experience.

Appellant's argumentOn appeal, the appellant asserts, among other things, that she possesses experience is sufficient to qualify her for the examination.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a) provides that applicants shall meet all requirements specified in the promotional announcement by the closing date. N.J.A.C. 4A:1-1.2(c) states that the Civil Service Commission (Commission) may relax a rule for good cause in order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisIn the present matter, the appellant should be admitted to the subject examination. Although the appellant’s experience as a Senior Clerk from March 2010 to January 2016 does not precisely mirror the required experience, the Commission is satisfied that the totality of her experience in that title satisfies the announced requirements. Additionally, the Commission notes that the appellant continues to serve provisionally in the title under test and has accrued an additional one year and two months of applicable experience. Moreover, the examination is not competitive as the list is exhausted. Under these circumstances, good cause exists to relax the provisions of N.J.A.C. 4A:4-2.6(a) and accept the totality of the appellant’s experience after the closing date, including her varied level of clerical duties in her prior titles and as a Senior Clerk, for eligibility purposes only, and admit her to the examination.

ORDER

Therefore, it is ordered that this appeal be granted 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.