Jeffrey Telep, CSC Docket No. 2019-3302

BackgroundJeffrey Telep appeals the determination of the Division of Agency Services (Agency Services) that he did not meet the experience requirement for the open competitive examination for Environmental Health Specialist (C2027W), Bergen County.

The subject examination was announced with specific requirements that had to be met as of the October 5, 2018 closing date. The requirements were graduation from an accredited college or university with a Bachelor’s degree in Physical, Chemical, Biological, Environmental Sciences, Environmental Engineering, or Public Health with a concentration in environmental health, and one year of experience in environmental control work involving field surveys, investigations, inspections, and preparation of reports on the environment, the preparation/review of environmental impact statements, and/or the prevention or elimination of one or more environmental health hazards. A total of three employees applied for the subject examination which resulted in a list of one eligible with an expiration date of May 8, 2022. One certification was issued and no appointments have been made.

A review of the appellant’s application reveals that he worked as a Food and Nutrition Representative from May 2017 to August 2018. Upon review, Agency Services credited the appellant for his Bachelor’s degree. However, it did not credit him with any other applicable experience. Accordingly, Agency Services determined that the appellant lacked one year of applicable experience.

Appellant's argumentOn appeal, the appellant maintains that he possesses sufficient experience to qualify for the examination. He asserts, among other things, that he has been serving provisionally in the subject title since August 2018.

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

CONCLUSION

RuleN.J.A.C. 4A:4-2.3(b) provides that applicants shall meet all requirements specified in the open competitive announcement by the closing date. N.J.A.C. 4A:4- 2.1(f) provides that examination applications may only be amended prior to the filing date. N.J.A.C. 4A:1-1.2(c) provides that a rule may be relaxed for good cause in a particular situation. Initially, it is noted that, based on the information the appellant provided on the application, Agency Services correctly determined that the appellant was ineligible for the subject examination. However, a review of the record indicates that the appellant began serving as a provisional in August 2018 and continues to serve provisionally in the title under test. The appellant now has enough applicable experience based on this service. Additionally, the situation is not competitive as there is only one other eligible candidate and the list is incomplete. Under these circumstances, good cause exists to relax the provisions of N.J.A.C. 4A:4-2.3(b) and N.J.A.C. 4A:4-2.1(f) and accept the appellant’s provisional experience before and after the closing date, for eligibility purposes only, and admit him to the examination. Finally, the appellant is cautioned in the future to fully complete any application.

ORDER

Therefore, it is ordered that this appeal be granted 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.