Jennifer Attanasio, CSC Docket No. 2019-3642

BackgroundJennifer Attanasio appeals the determination of the Division of Agency Services (Agency Services) that she did not meet the experience requirements for the promotional examination for Technical Assistant (PS4828K), Department of Human Services.

The subject examination was announced with a closing date of November 21, 2018. The requirements were two years of experience in reviewing, verifying, authorizing and/or providing information and assistance of a technical or fiscal nature in a public or private organization. It was noted that applicants who did not possess the required experience could have substituted semester hour credits from an accredited college or university on a year-for-year basis with 30 semester hour credits being equal to one year of experience. The examination was cancelled on June 15, 2019 as all of the applicants, including the appellant, were found ineligible for the examination.

A review of the appellant’s application reveals that she possesses 25 semester hour credits. Agency Services credited her with 10 months of applicable experience for her education pursuant to the substitution clause. Additionally, the appellant listed on her application that she served provisionally in the subject title from January 2018 to November 2018, as a Senior Clerk Transcriber from February 2002 to January 2018, and as a Senior Clerk Typist from May 1999 to February 2002. Agency Services credited the appellant with 11 months of applicable experience for her provisional service in the subject title. However, it did not credit her with any other applicable experience. Accordingly, Agency Services determined that the appellant was ineligible for the examination as she lacked three months of applicable experience.

Appellant's argumentOn appeal, the appellant provides clarifying information and argues that he possesses sufficient experience to qualify for the examination.

It is noted that the appellant continues to serve as a provisional Technical Assistant.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a) provides that applicants shall meet all requirements specified in the promotional announcement by the closing 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 Agency Services correctly credited the appellant with one year and nine months of applicable experience based on her college credits and provisional service in the subject title. However, a review of the record indicates that the appellant continues to serve provisionally in the subject title. Additionally, the situation is not competitive as the examination was cancelled and no other applicants were admitted. Under these circumstances, good cause exists to relax the provisions of N.J.A.C. 4A:4-2.6(a) and accept the appellant’s provisional experience gained after the closing date, for eligibility purposes only, and to admit her to the examination.

ORDER

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