Ray Currey, CSC Docket No. 2019-2520

BackgroundRay Currey, Jr. appeals the determination of the Division of Agency Services (Agency Services) that he did not meet the education and experience requirement for the promotional examination for Habilitation Plan Coordinator (PS4342K), Department of Human Services.

The promotional examination was announced with specific requirements which had to be satisfied by the June 21, 2018 closing date. The requirements were graduation from an accredited college or university with a Bachelor’s degree in a human services field, including but not limited to the areas of human behavior (e.g., psychology, sociology, speech communication, gerontology), social work, criminal justice (with a social work/psychology focus not administrative, etc.), human skill development (e.g., special education, education, counseling, human development, recreation, or a specialty area such as art, dance, music or physical education), human and their cultural behavior (e.g., anthropology), or any other study of services related to basic human care needs (e.g., human services, nursing, rehabilitation counseling, art therapy, recreational therapy, occupational therapy, physical therapy, dietetics, speech language pathology or audiology), or the human condition (e.g., literature, the arts); and one year of experience in the care, treatment, and rehabilitation of individuals with developmental disabilities in residential or community settings or in case management, analysis, development and implementation of programs for clients with developmental disabilities. A total of five candidates applied for the subject examination which resulted in a list of one eligible with an expiration date of February 27, 2022. One certification was issued and one appointment was made.

On his application, the appellant listed that he possessed a Bachelor’s degree in Criminal Justice. Agency Services did not accept the appellant’s Bachelor’s degree as it determined that it was not concentrated in social work/psychology as listed in the requirements. Additionally, the appellant listed on his application that he served provisionally in the subject title from September 2017 to the June 21, 2018 closing date; as the President – Board of Directors, Gloucester Township EMS, Inc. from August 2012 through June 2018; and as an Emergency Medical Technician from October 2007 to September 2017 and from December 2005 to June 2012. Agency Services credited the appellant with 10 months of applicable experience for his provisional service in the subject title, however, it did not credit him with any other applicable experience. Accordingly, Agency Services determined that the appellant was ineligible for the examination as he lacked the required Bachelor’s degree and two months of applicable experience.

Appellant's argumentOn appeal, the appellant asserts, among other things, that he possesses a Bachelor’s degree in Criminal Justice. He adds that his Bachelor’s degree in Criminal Justice was sufficient to meet the education requirements for a separate prior examination for Senior Community Program Specialist (S0361W).1 As such, he states his education is sufficient to meet the requirements for the subject examination. Further, the appellant contends that the education section in the job specification for the subject title supports that his Bachelor’s degree is in an acceptable human services related field. Moreover, the appellant states that his provisional experience in the subject title and as an Emergency Medical Technician (EMT) is sufficient to qualify him for the examination. In support, the appellant provides a letter from his former supervisor, Susan Loesch, Supervisor of Nursing, who explains, among other things, the duties the appellant performed as an EMT.

BackgroundOfficial personnel records indicate that the appellant continues to serve provisionally in the subject title.

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. Further, 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.

Analysis1 Although the education requirements for the open competitive examination for Senior Community

Program Specialist (S0361W) required a Bachelor’s degree, it did not require a Bachelor’s degree in a specific field that was focused in a human services area as indicated in the subject announcement. The appellant was found ineligible for that examination as he did not possess sufficient applicable work experience to meet the requirements.

Initially, Agency Services correctly determined that the appellant did not meet the required educational experience as listed in the requirements since his transcript does not reflect that his Criminal Justice Bachelor’s degree was concentrated in social work or psychology as required. With respect to the appellant’s argument that his Bachelor’s degree met the educational requirements of a prior examination, he was found ineligible for that examination as he did not meet the experience requirements. Regardless, even if the appellant was found eligible for a prior examination, eligibility for a prior examination does not establish eligibility for any future examinations. However, his transcript reflects that he took several courses that dealt with human behavior or human skill development. Accordingly, although the appellant does not possess the specific educational requirements as indicated in the announcement, the Commission is satisfied that the totality of the appellant’s coursework is sufficient to satisfy the educational requirement. Additionally, the appellant has accrued an additional one year of applicable experience as a provisional after the closing date, continues to serve provisionally in the subject title and the situation is not competitive as only one applicant appeared on the list. Therefore, 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 education, and experience gained after the closing date, for eligibility purposes only, and admit him to the subject examination.

It is noted that this remedy is limited to the particular circumstances of this matter and does not set a precedent for any other matter.

ORDER

Therefore, it is ordered that this appeal be granted 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.