Claude Bernard, CSC Docket No. 2019-3173

BackgroundClaude Bernard appeals the determination of the Division of Agency Services (Agency Services) which found that he did not meet the experience requirements for the promotional examination for Assistant Training Supervisor County Welfare Agency (PC2788W), Essex County.

The subject examination announcement was issued with a closing date of November 21, 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 any competitive title and who met the announced requirements. These requirements included graduation from an accredited college or university with a Bachelor’s degree, and four years of experience in determining training needs, developing training plans and materials, and conducting training programs, or four years of supervisory experience in an income maintenance program or social service program in a welfare agency. Applicants who did not possess the required degree could substitute additional work experience as described on the basis of one year of described experience for 30 semester hours of credit. A Master’s degree in Social Work from an accredited college or university may be substituted for two years of the required experience. The appellant was found to be below the experience requirements. Two candidates were admitted, the list has been certified once, but no appointments have yet been made.

The appellant met the educational requirement, and he listed two positions on his application, Family Service Worker from July 2005 to November 2018, and Math and IS Instructor from January 2003 to November 2018 (part-time, four hours per week). The appellant indicated that he possessed a Master’s degree in Educational Technology, which could not be substituted for experience. His experience as a Family Service Worker and Math and Information Systems Instructor did not include determining training needs, or developing training plans and materials among the duties of those positions. Thus, the appellant was found to be lacking four years of applicable experience.

Appellant's argumentOn appeal, the appellant states that he should be eligible as he has a Bachelor’s degree (in Computer Information Systems) and a Master’s degree in Educational Technology, and has been teaching at Essex County College. He states that he has tutored others and is a Family Service Worker, and he provides a resume and other documents. On his resume, he included two more positions, Tutor and Computer Technician. He argues that his positions as Math and Information Systems Instructor and as Tutor “have a great deal” to do with training plans and materials. He argues that others, who he does not identify, have been appointed to the title although their experience does not match the requirements. He maintains that his Math and Information Systems Instructor position is applicable.

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:4-2.1(f), states that any supplemental information received after the closing date cannot be considered

AnalysisThe appellant was correctly denied admittance to the subject examination since he lacked the required amount of qualifying experience. Specifically, his experience as a Family Service Worker and Math and Information Systems Instructor did not include determining training needs, or developing training plans and materials among the duties of those positions, and the appellant did not supervise while in those positions. It is noted that qualifying experience has the announced experience as the primary focus. Further, the online application process is automated and provides instructions to candidates on how to properly complete their applications. Eligibility for a given examination is determined based on the information provided on the application. The announcement states, “You must complete your application in detail. Your score may be based on a comparison of your background with the job requirements. Failure to complete your application properly may lower your score or cause you to fail.” The Online Application System User Guide repeats, “Failure to complete your application properly may cause you to be declared ineligible or may lower your score if your application is your test paper.” The guide asks candidates to carefully review the application to ensure that it is complete and accurate before submitting, and states, if supplemental documents are required, they should be uploaded with the application or submitted within five business days of submitting the online application. To proceed to the payment section, candidates must certify that their application is complete and accurate. The examiner cannot credit an applicant with experience that she or he does not supply on the application, and any documentation indicating work in a setting that was not previously listed on an application or resume cannot be considered after the closing date. The appellant did not include two positions in his original submission. Those positions, Tutor and Computer Technician, cannot be considered pursuant to N.J.A.C. 4A:4-2.1(f). Even so, he did not provide all requisite information for those positions, such as full- or part-time hours or supervisory information, so those positions cannot be quantified.

The appellant’s position as a Math and Information Systems Instructor was part-time, 4 hours per week from January 2003 to November 2018, which prorates to one year, nine months of full-time experience. Thus, even if it were to be accepted, he would still lack two years, three months of qualifying experience. Nonetheless, this position focused on education, not training. Instructing individuals on topics such as math and computers is not training, which teaches employees the application of principles in a real-life situation. Additionally, the requirement includes determining training needs, and developing training plans and materials. An instructor at a college does not determine training needs. Rather, students select classes to take. Also, developing a college course curriculum, is not in the context of the experience requirement. The requirement of developing appropriate training courses and materials relates to conducting the identified necessary training, and is not an independent function.

The appellant was denied admittance to the subject examination since he lacked the minimum requirements in experience. An independent review of all material presented indicates that the decision of the Agency Services, that the appellant did not meet the announced requirements for eligibility by the closing date, is amply supported by the record. The appellant provides no basis to disturb this decision. Thus, the appellant has failed to support his burden of proof in this matter.

ORDER

Therefore, it is ordered that this appeal be denied.

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