Maia Mayoral, CSC Docket No. 2020-1070

BackgroundMaia Mayoral appeals the determination of the Division of Agency Services (Agency Services) which found that she did not meet the experience requirements for the promotional examination for Data Entry Operator 2 (PS9539N), Department of Labor and Workforce Development.

The subject promotional examination was open to employees in the non- competitive division who are currently serving in a title to which the announcement is open and have an aggregate of one year of continuous permanent service as of the closing date as a Data Entry Operator 1, and meet the announced requirement of one year of experience in the operation of an electronic data entry input device and/or alphanumeric keyboard to transcribe data into data processing equipment or computer. These requirements had to be met as of the April 22, 2019 closing date. As there were no admitted applicants, the examination was cancelled on October 11, 2019.

The appellant listed one position on her application, Data Entry Operator 1. On a resume she added two positions, Convergent with Saint Barnabas Office, and Credit Balance Representative with Saint Barnabus Office. No hours worked per week were provided for either position. Official records indicate a similar yet different employment history. These records indicate that the appellant was a provisional Data Entry Operator 2 from August 2018 to the April 2019 closing date. None of the appellant’s experience was credited, and therefore she was found to be lacking one year of experience.

On appeal that appellant states that her experience exceeds one year of experience. She states that she works directly for the Chief of Asbestos Control and Licensing and has trained three temporary employees in the computer program being utilized. She ensures that checks and money orders are properly recorded and delivered to accounting, ensures that deadlines for sending correspondence are met, assists an internal audit team with an audit of the unit, accounts for over two million dollars a year, reviews penalty letters for correctness, ensures that settlement conferences are scheduled, reviews penalty files, reports field movements of investigators, and assisted in selecting a new computer system and ensuring the correct use of it. She states that she answers questions, provides instructions and directions for those entering data, scans and faxes documents, indexes documents, enters data, and provides reports to the Chief. In support, the Chief and of Asbestos Control and Licensing states that these duties are true, and that the appellant sets up all present logs and controls, and deals with data on accounting and enforcement.

CONCLUSION

RuleNJAC, 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) provides that an application may be amended prior to the announced closing date.

AnalysisApplicants must demonstrate on their applications that the duties they perform provide them with the experience required for eligibility. See In the Matter of Charles Klingberg (MSB, decided August 28, 2001). In order for experience to be considered applicable, it must have as its primary focus full-time responsibilities in the areas required in the announcement. See In the Matter of Bashkim Vlashi (MSB, decided June 9, 2004). Next, when an applicant indicates extensive experience in titles established under the State Classification Plan, it is appropriate to utilize the job specifications to determine the primary focus of the duties of incumbents serving in career service titles. In the eligibility screening process, reliance on the job specifications to determine the primary focus of duties for incumbents of a particular title or title series provides a standardized basis on which Agency Services can compare what an applicant indicates on his or her application to what incumbents in a particular title series generally perform. See In the Matter of William Moore (MSB, decided May 10, 2006).

A Data Entry Operator performs data entry, and those tasks directly related to data entry. Incumbents spend a majority of their work time entering, editing, updating and verifying data utilizing prescribed data entry equipment and software. Incumbent Data Entry Operator 2s perform varied, moderately complex data entry and verification tasks. They typically spend a greater percentage of time verifying data than those positions at the entry level and more frequently make decisions involving the correction of errors, questioning discrepancies and releasing batches. Positions at this level may work with non- standard source documents or with one or more documents per program. At this level they are expected to answer questions, provide instruction or direction to, and guide lower level operators in performing the work of the unit. The announced experience requirement for the subject title was experience in the operation of an electronic data entry input device and/or alphanumeric keyboard to transcribe data into data processing equipment or computer.

The appellant described her experience as:

Performed account payables functions and customer service for an

Asbestos Department * managing the day to day activities of mail and financial processing. * entered accounts payables, receivables. -

Prepare daily and monthly financial statements. + performed general office duties and administrative tasks. * managed the internal and external mail functions. + enter, copy, scan, update and verify documents into specific files. * enter and update draft invoices, reports and company payments. * expertly handle accounts, payments and refunds. * ensured all departmental invoices were correctly coded and documented for payment within the period. worked with companies to ensure all invoices were paid on a timely basis * knowledge and oversee and account for all license, permit, notification and violation monies. * ensured that the notification is in compliance with the regulations prescribed by the State of New Jersey. + ability to interpret the regulations associated with the removal of asbestos. « prepared, organized, and maintained inspection records. * keep daily notification logs to track inspection job sites. + prepared citations, violations and other notices that outline proper repair, correction methods, time limits, permits and al necessary remedial work required. « respond to inquiries from the public and contractors regarding codes and other issues with projects, * monitored follow-up actions in cases where violations were found, and review compliance monitoring reports.

Clearly, the appellant’s described experience did not match the announced experience requirement, nor does it match the duties performed by a Data Entry Operator. Given the variance between these duties and those required of the provisional title, Agency Services should perform a classification review of this position. A new examination can be announced if it is determined that the position is properly classified as Data Entry Operator 2. The appellant’s experience as a Convergent and Credit Balance Representative with Saint Barnabus Office, are inapplicable.

N.J.A.C, 4A:4-1,5 (a) states that a provisional appointment may be made only in the competitive division of the career service when all of the following conditions are met:

1. There is no complete list of eligibles, and no one remaining on an incomplete list will accept provisional appointment;

2. The appointing authority certifies that the appointee meets the minimum qualifications for the title at the time of the appointment; and

3. The appointing authority certifies that failure to make the provisional appointment will seriously impair its work.

In this case, the appellant did not meet the minimum qualifications for the title at the time of the appointment and she still lacks one year of qualifying experience. As the appellant did not indicate that she is primarily performing work required of a Data Entry Operator, it appears that her position may be misclassified. Therefore, the appellant and appointing authority should complete the attached duties questionnaire and submit it to Agency Services detailing the duties of the position, so that an appropriate provisional title can be assigned.

The appellant was denied admittance to the subject examination since she lacked the minimum requirements in experience. An independent review of all material presented indicates that the decision of Agency Services, that the appellant does 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 her burden of proof in this matter.

ORDER

Therefore, it is ordered that this appeal be denied, and the matter of the appellant’s provisional position classification be referred to Agency Services for review.

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