Kahren Tangonan, CSC Docket No. 2019-2712

BackgroundKahren Tangonan appeals the determination of the Division of Agency Services (Agency Services), which found that she did not meet the experience requirement for the promotional examination for Management Assistant (PM1645W), Jersey City School District.

The subject examination was announced with a closing date of June 21, 2018 and was open to applicants who possessed a Bachelor’s degree and one year of experience performing complex administrative support work which must have included the interpretation, verification and/or application of department/agency rules, regulations, policies and procedures. The subject eligible list, containing one name, promulgated on March 14, 2019 and expires on March 13, 2022. A certification from the eligible list (PL190317) was issued on March 25, 2019. The subject eligible list was exhausted after the sole eligible was removed with the disposition of this certification on April 16, 2019.

On her application, the appellant indicated, in relevant part, that she possessed a Bachelor’s degree and that she served provisionally in the subject title from February 2018 to the closing date (June 2018), as a Clerk 3 from February 2016 to February 2018, as a Clerk 2 from September 2014 to February 2016, and as a Clerk 1 from July 2004 to September 2014. Agency Services credited the appellant with five months of applicable experience based upon her provisional service in the subject title. However, Agency Services did not credit the appellant’s remaining experience, as it noted that any applicable duties that the appellant may have performed while serving in the title of Clerk 3 would be out-of-title and it found no indication that the required duties were the primary focus of her responsibilities as a Clerk 1 or 2. Therefore, she was deemed ineligible, as she lacked an additional seven months of the required applicable experience.

Appellant's argumentOn appeal, the appellant maintains that she possesses over five years of experience performing the duties of a Management Assistant and she submits various supporting documentation, including a resume and a letter of support from the appointing authority.

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

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a)2 provides that applicants must meet all requirements specified in a promotional examination announcement by the closing date. N.J.A.C. 4A:1-1.2(c) provides that a rule may be relaxed for good cause shown in a particular situation. Initially, it is noted that Agency Services correctly credited the appellant with five months of applicable experience based upon the experience she listed in her application. However, a review of the record shows that the appellant continues to serve provisionally in the subject title, thereby providing her with the additional seven months of experience required for the subject examination. Additionally, the record indicates that the examination situation is not competitive, as the subject eligible list has been exhausted. In this regard, N.J.A.C. 4A:1-1.2(c) provides that the Commission may relax a rule for good cause in a particular situation. Under these circumstances, good cause exists to relax the provisions of N.J.A.C. 4A:4- 2.6(a)2 and accept the appellant’s provisional experience after the closing date, for eligibility purposes only, and admit her to the subject 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.