Jerald Leo, CSC Docket No. 2019-2202

BackgroundJerald Leo appeals the determination of the Division of Agency Services (Agency Services), which found that he did not meet the experience requirement for the promotional examination for Assistant Supervisor of Building Repairs (PS7847J), College of New Jersey.

The subject examination was announced with a closing date of July 23, 2018 and was open, in pertinent part, to employees who possessed two years of supervisory experience in the maintenance and repair of buildings and grounds, which shall have included the preparation of cost estimates and workable shop drawings. The appellant was one of two applicants for the subject promotional examination, which was cancelled as both applicants were deemed ineligible.

On his application, the appellant indicated, in pertinent part, his experience as a Mechanical Equipment Specialist from June 2005 to May 2011 with Kean University (Kean). Agency Services determined that this experience, though applicable, could not be credited as it was out-of-title. The appellant’s other listed experience was also not credited. Therefore, Agency Services deemed the appellant ineligible since he did not meet the experience requirement set forth in the announcement.

Appellant's argumentOn appeal to the Civil Service Commission, the appellant maintains that he possesses sufficient applicable experience, including his experience while serving in the title of Mechanical Equipment Specialist with Kean. Kean supports this appeal and the crediting of the appellant’s out-of-title experience gained while serving in the title of Mechanical Equipment Specialist. It states that in that role, the appellant regularly performed duties that were not considered part of his regular job description. Kean indicates that the appellant oversaw aspects of the Preventative Maintenance program including the staff and reported to an Assistant Engineer in Charge of Maintenance who allowed him to assign tasks and oversee the duties performed by two individuals serving in the title of Mechanic Non- Automotive and one individual serving in the title of Repairer. It requests that the appellant’s application be reconsidered since he went above and beyond his official title.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a) provides that applicants shall meet all requirements specified in the promotional examination announcement by the closing date. N.J.A.C. 4A:4-2.6(c) provides that, except when permitted for good cause, applicants for promotional examinations may not use experience gained as a result of out-of- title work to satisfy eligibility requirements.

AnalysisInitially, Agency Services correctly determined that the appellant was ineligible for the subject examination because he lacked the requisite amount of creditable experience as of the July 23, 2018 closing date. On appeal, the appellant states that he performed applicable duties while serving in the title of Mechanical Equipment Specialist with Kean from June 2005 to May 2011. Although the appellant’s performance of applicable duties in that timeframe would be considered out-of-title work, Kean confirms his performance of those duties. This represents six years of applicable experience. Moreover, the record evidences that the examination situation is not competitive since the examination was cancelled given that both applicants were deemed ineligible. As such, good cause exists in this particular case to accept the appellant’s out-of-title work experience, 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 for prospective employment opportunities.

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