Alexandre Gabler, CSC Docket No. 2019-389

Appellant's argumentAlexandre Gabler requests that the decision of the Civil Service Commission (Commission) rendered on March 27, 2018 be enforced against Ocean County Library. A copy of that decision is attached hereto and incorporated herein.

BackgroundBy way of background, the appellant appealed to the Commission his non- appointment to the noncompetitive title of Librarian 1, Ocean County Library and Librarian 1, Trenton Library. The appellant argued that as he was a qualified disabled veteran, he should have been appointed to one of the positions. The Commission found, for the reasons discussed in the prior decision, that the selection process utilized by the appointing authorities adversely impacted the appellant's disabled veteran preference rights. As such, they did not meet the standard for the non-appointment of a qualified, interested veteran to a noncompetitive position. The Commission mandated the appellant’s appointment to the noncompetitive title of Librarian 1, Ocean County Library or Librarian 1, Trenton Library, whichever he accepted, subject to an updated background check. !

Appellant's argumentIn his request for enforcement, postmarked August 9, 2018, the appellant notes that the Librarian 1 position he had previously applied for had been advertised as “Branch Manager.” He maintains that Ocean County Library was required to offer him the exact position previously advertised, including the work

Background1 The appellant is not employed by Trenton Library.

? The exact duties of the position are discussed in the prior decision. The Commission found that the duties and responsibilities were not inconsistent with the title of Librarian 1.

location. The appellant argues that its offer of a Librarian 1 “Information Services” position at a different work location was inadequate.

Appointing authority's argumentIn response, Ocean County Library states that it has various locations throughout Ocean County and operates as a system. It maintains that employees must be able to work at any location in the system as a condition of employment and that it has the management right to assign and reassign employees and determine staffing patterns and areas worked among any of its locations. Ocean County Library maintains that it complied with the Commission’s order and offered the appellant a Librarian 1 position, albeit at a different work location, where a vacancy existed. However, the appellant did not respond to the offer. He also did not respond after being contacted again and given a deadline to respond. In support, Ocean County Library presents, among others, the following documents:

e An April 6, 2018 e-mail to the appellant in which Ocean County

Library indicated, among other things, that the offered position was

“Information services” e An April 16, 2018 e-mail to the appellant in which Ocean County

Library noted that the title of the offered position was Librarian 1, provided a description of duties, and noted the work location e An April 27, 2018 e-mail to the appellant in which Ocean County

Library indicated that it had not received a response to its offer and that acceptance or rejection of the offer was needed no later than

May 2, 2018

CONCLUSION

Initially, N.J.A.C. 4A4:2-1.1(b) provides that unless a different time period is stated, an appeal must be filed within 20 days after either the appellant has notice or should reasonably have known of the decision, situation or action being appealed. The gist of the appellant's complaint is that Ocean County Library was required to offer him the exact position that had previously been advertised. However, he was provided with the pertinent details of the offer as early as April 16, 2018, yet he did not file the instant request for enforcement until August 9, 2018, nearly four months later. Thus, the request appears untimely. Nevertheless, even assuming this request is timely, there is no basis to order enforcement for the reasons discussed below.

In the prior decision, the Commission only mandated the appellant’s appointment to the noncompetitive title of Librarian 1. It is clear from the record that Ocean County Library offered the appellant an appointment to the noncompetitive title of Librarian 1 and allowed him over two weeks, from April 16, 2018 to May 2, 2018, to consider the specific details of the offer. Thus, the Commission is satisfied that Ocean County Library complied with the Commission’s order. The appellant had no entitlement to the exact position previously advertised. In this regard, employees, whether they are veterans or not, may be moved, in-title, to a new job function or location within the organizational unit at the discretion of the head of the organizational unit. See N.J.A.C. 4A:4-7.2: NJAC. 4A:4-7.1(a)2 (defining an organizational unit in local service to mean a department or separate agency within the same county or municipality). As such, the appellant’s contention that Ocean County Library was required to offer him the exact position previously advertised is untenable. Moreover, the appellant never responded to Ocean County Library's April 27, 2018 e-mail requesting acceptance or rejection of the offer by May 2, 2018, thereby effectively declining the position by non-response. Accordingly, the appellant has not presented a sufficient basis to order enforcement of the Commission’s prior decision.

ORDER

Therefore, it is ordered that this request for enforcement be denied.

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