Christine Allen, CSC Docket No. 2019-3029

BackgroundChristine Allen appeals the decision of the Division of Agency Services (Agency Services) which found that she did not meet the experience requirements for the promotional examination for Assistant County Tax Administrator (PC2475W), Ocean County.

The subject promotional examination had a closing date of October 22, 2018 and was open to employees in the competitive division who had an aggregate of one year of continuous permanent service as of the closing date in any competitive title and who met the announced requirements. Those requirements included possession of a current and valid Tax Assessor certificate issued by the New Jersey Division of Taxation, three years of experience in making real estate appraisals or property tax assessments of residential, commercial, and/or industrial real property. The appellant was found to be below the minimum requirements in experience. As there were no admitted applicants, the examination was cancelled on April 28, 2019.

On her application, the appellant indicated possession of a current and valid Tax Assessor certificate, and she listed three positions, provisional Assistant County Tax Administrator, Senior Field Representative, County Board Taxation and Field Representative, County Board Taxation. She was credited with one year, six months of experience in her provisional position and was found to be lacking six months of required experience.

Appellant's argumentOn appeal, the appellant argues that her experience as a Senior Field Representative, County Board Taxation and Field Representative, County Board

Taxation is applicable. In support, the Ocean County Tax Administrator states that the appellant was conducting inspections and investigations to establish and make tax assessments for tax appeal purposes while in the titles Senior Field Representative, County Board Taxation and Field Representative, County Board Taxation.

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:1-1.2(c) provides that the Civil Service Commission may relax the rules for good cause in a particular situation, on notice to affected parties, in order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisIn the instant matter, the appellant was found to be lacking six months of qualifying experience. It is noted that qualifying experience has the announced experience as the primary focus. The amount of time, and the importance of the duty, determines if it is the primary focus. The appellant’s positions on her application of Senior Field Representative, County Board Taxation and Field Representative, County Board Taxation have field investigations of real estate as the primary focus. As such, Agency Services correctly determined that the appellant was not eligible for the subject examination. Nevertheless, the appellant has accrued an additional six months in her provisional position, and the examination had been cancelled. As such, good cause exists to relax the provisions of N.J.A.C. 4A:4-2.6(a), and accept the appellant’s experience after the closing date and admit her to the examination.

ORDER

Therefore, it is ordered that this appeal be granted, the examination cancellation be rescinded, and the appellant’s application be processed.

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