Justin Morales, CSC Docket No. 2019-2762

BackgroundJustin Morales appeals the determination of the Division of Agency Services (Agency Services) that he did not meet the experience requirements for the open competitive examination for Animal Control Officer (C0344W), Bergen County.

The examination at issue was announced with specific requirements that had to be met as of the April 4, 2018 closing date. The experience requirement was one year of experience in animal control. The license requirement was a current and valid certificate as an Animal Control Officer issued by the Department of Health. A total of four individuals applied for the subject examination which resulted in a list of two eligibles with an expiration date of February 20, 2022. Certification OL190260 was issued and one eligible was appointed and the other eligible was removed from the certification.

On his application, the appellant indicated that he was provisionally serving in the subject title from August 2017 to the April 4, 2018 closing date. Additionally, he indicated that he possessed the required Animal Control Officer certificate. Agency Services credited the appellant for having seven months of experience based on his provisional service in the subject title and having the required license, but determined that he lacked five months of experience.

Appellant's argumentOn appeal, while the appellant acknowledges that he only had seven months of experience as of the closing date, he presents that he now has over two years of the required experience based on his experience after the closing date.

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. 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 this matter, Agency Services correctly determined that the appellant did not meet the required experience as he had only seven months of experience based on his provisional service in the subject title by the April 4, 2018 closing date. However, the appellant has gained more than a year of applicable experience after the closing date while serving provisionally in the subject title. Additionally, there are currently no names on the list. Accordingly, good cause exists to accept the appellant’s experience after the closing date, for eligibility purposes only, and to admit him to the examination.

ORDER

Therefore, it is ordered that the appeal be granted, and Justin Morales’ 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.