Marc Wartenberg, CSC Docket No. 2019-2583

BackgroundMarc Wartenberg appeals the determination of the Division of Agency Services (Agency Services) that he did not meet the education requirements for the open competitive examination for Network Administrator 1 (M0414W), Lakewood.

The examination at issue was announced with specific requirements that had to be met as of the May 21, 2018 closing date. The education requirements were a Bachelor’s degree which must include a minimum of 18 semester hour credits in mathematics and/or computer science. The experience requirements were three years of experience in the development, implementation, and maintenance of multi- network, multi-user Local Area Networks (LAN), Metropolitan Area Networks (MAN), and/or Wide Area Networks (WAN) environments. A total of five individuals applied for the subject examination, which resulted in one candidate being eligible. No certifications have been issued yet. The list expires on March 13, 2022.

On his application, the appellant indicated that he possessed a Doctor of Chiropractic degree and he was a Microsoft Certified Systems Administrator, a Microsoft Certified Professional, a Microsoft Certified Systems Engineer, and a CompTIA Certified Network +. Additionally, he indicated that he was an Information Technology Specialist with the Division of Developmental Disabilities from April 4, 2005 to the May 21, 2018 closing date1 and a 10 hour per week Chiropractor for Honor Chiropractic from September 1995 to the closing date. Agency Services credited the appellant with having over ten years of the required experience, but determined that he lacked the required number of college credits in mathematics and/or computer science.

Appellant's argumentOn appeal, the appellant describes how his Microsoft Certified System Engineer, Microsoft Certified Systems Administrator and CompTIA Network + certifications provide him the training to perform the required duties for the subject title. He highlights that he has over 30 years of computing experience, including 14 years with the Division of Developmental Disabilities, which has him working closely with other Network Administrators in maintaining, planning, upgrading and monitoring servers. The appellant states that in his position with the Division of Developmental Disabilities, he provides help desk support, training on all Microsoft software, maintains Active Directory accounts, installs, maintains and upgrades all computers and software, diagnoses and repairs network equipment, such as servers, desktops, and printers, sets up e-mail accounts for all new users and works closely with the e-mail migration team. Additionally, he indicates that he works with his immediate supervisor to update and write new policies and procedures for the Management Information Systems department.

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. 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.

AnalysisInitially, Agency Services correctly determined that the appellant was not eligible for the subject examination as he does not indicate that he possesses any college credits in mathematics and/or computer science. However, on appeal, the appellant describes how his various computer network related certifications relate to the duties of the subject title. Additionally, the appellant’s over 10 years of experience performing the required duties while working for the Division of Developmental Disabilities greatly exceeds the experience requirements for the subject examination. Further, the list is incomplete as there is only one eligible on the list. Moreover, the Commission notes that the dual purpose of the Civil Service system is to ensure efficient public service for State and local governments and to provide appointment and advancement opportunities to Civil Service employees based on their merit and abilities. These interests are best served when more, rather than fewer, individuals are presented with employment opportunities. See Communications Workers of America v. New Jersey Department of Personnel, 154 N.J. 121 (1998). In this regard, the Commission is satisfied that the appellant’s various computer networking certifications are sufficient to fulfill the education requirements for the examination. Accordingly, good cause is established to relax the provisions of N.J.A.C. 4A:4-2.3(b)2 and admit the appellant to the subject examination.

1 Personnel records indicate that the appellant was a Senior Technician, Manager Information Systems from July 2012 to the May 21, 2018 closing date, a Technician, Management Information System from April 2007 to July 2012, a Technical Assistant, Management Information Systems from November 2005 to April 2007, and a Fiscal CWA from April 2005 to November 2005.

This determination is limited to the instant matter and does not provide precedent in any other matter.

ORDER

Therefore, it is ordered that this appeal be granted.

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