Sarah E. Russell, CSC Docket No. 2019-3032

BackgroundSarah E. Russell appeals the determination of the Division of Agency Services (Agency Services) which found that she did not meet the requirements for the open- competitive examination for Assistant Business Manager 1, (S0819W), Statewide.

The examination at issue was announced with experience requirements which had to be met as of the announced closing date of July 23, 2018. Specifically, all applicants had to possess a Bachelor’s degree from an accredited college or university in Business, Public or Hospital Administration, Accounting, Finance, or Economics plus five years of professional financial experience in a medical, educational, correctional, or training facility or other business operation where responsibility shall have included the preparation of financial statements and reports, review of financial records, overseeing the development of internal accounting control procedures, and assisting in the development and analysis of an office, unit, agency, or organizational budget, two years of which shall have been in a supervisory capacity. The examination announcement stipulated that a valid certificate as a Certified Public Accountant (CPA) issued by the New Jersey State Board of Accountancy could be substituted for the Bachelor’s degree in Accounting. Additionally, a Master’s degree in Business, Public or Hospital Administration, Accounting, Finance, or Economics could be substituted for one year of the nonsupervisory experience. Records indicate that an examination has yet to be scheduled.

The appellant filed an application on which she indicated that she possessed a Bachelor’s degree and a Master’s degree in Business Administration. The appellant indicated that she possessed experience as a provisional Assistant Business Manager

1 (11/17 to the closing date), a Financial and Senior Financial Analyst with Lockheed Martin (9/09 to 10/17), and a Senior Accountant (5/06 to 8/09). Agency Services concluded that, as of the closing date, the appellant satisfied the educational requirement and could substitute her MBA for one year of the required non- supervisory experience. The appellant also possessed nine months of experience as a provisional Assistant Business Manager 1. The appellant did not submit a resume with her application and she did not indicate on her application that any of the remaining positions involved budgets or the development of internal accounting control procedures. Consequently, Agency Services deemed her ineligible for the subject examination.

Appellant's argumentOn appeal, the appellant asserts that she satisfies the subject requirements. In support of her appeal, the appellant submits a resume which details her experience as a Financial and Senior Financial Analyst with Lockheed Martin. The appellant’s duties at Lockheed Martin included supervisory experience working with budgets and developing internal accounting control procedures, among other related duties.

CONCLUSION

RuleN.J.A.C. 4A:4-2.3 provides that applicants shall meet all requirements specified in the examination announcement by the announced closing date. N.J.A.C. 4A:4-6.3(b) provides that, except for medical or psychological disqualification appeals, the appellant shall have the burden of proof.

AnalysisAs of the closing date, the appellant satisfied the educational requirement and could substitute her MBA for one year of the required non-supervisory experience. Coupled with her nine months of experience as a provisional Assistant Business Manager 1, she possessed a total of one year and nine months of the required non- supervisory experience. Agency Services deemed her ineligible because she lacked three years and tree months of the required experience, including the two years of required supervisory experience. Under N.J.A.C. 4A:4-2.1(g), the Civil Service Commission (Commission) can accept clarifying information in eligibility appeals. However, N.J.A.C. 4A:4-2.1(f) provides that an application may only be amended prior to the announced closing date. For example, information submitted on appeal pertaining to duties in a given position that expands or enlarges information previously submitted is considered clarifying and is accepted. However, any documentation indicating work in a setting that was not previously listed on an application or resume cannot be considered after the closing date. Thus, the Commission can only consider information provided on appeal regarding the positions listed on the appellant’s original application. See In the Matter of Diana Begley (MSB, decided November 17, 2004).

In this case, the appellant submitted a detailed resume in which she described her experience as a Senior Financial Analyst at Lockheed Martin which involved supervisory experience working with budgets and developing internal accounting control procedures in excess of the time she needed to satisfy the subject requirements. The Commission accepts the clarification of this experience, for eligibility purposes only, which will allow her the opportunity to be tested and be considered for a permanent appointment to the subject title.

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.