Michael Kosty, CSC Docket No. 2020-1116

BackgroundMichael Kosty 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 Chief Accountant (PC0346A), Middlesex County.

The subject examination announcement was issued with a closing date of May 21, 2019, 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 in the titles Assistant Chief Accountant OR to employees in the competitive division who had an aggregate of one year of continuous permanent service as of the closing date in any competitive title and who met the announced requirements. These requirements included graduation from an accredited college or university with a Bachelor’s degree including or supplemented by 21 credit hours in professional accounting subjects, and five years of supervising accounting experience work involving the installation, operation, and keeping of large scale systems of accounts. Possession of a current and valid certificate as a registered Municipal Accountant or Certified Public Accountant issued by the New Jersey Board of Certified Public Accountants or as a Certified Municipal Finance Officer issued by the New Jersey Department of Community Affairs, Division of Local Government Services, could substituted for the educational requirement. As the appellant was the sole applicant, the examination was cancelled on October 16, 2019.

The appellant met the educational requirement, and he listed three positions on his application, provisional Chief Accountant, Principal Accountant, and Senior Accountant. None of his experience was accepted, and he was found to be lacking five years of applicable supervisory accounting experience in work involving the installation, operation and keeping of large scale systems of accounts.

Appellant's argumentOn appeal, the appellant argues that he has been assigned to assist with and monitor the accounting work done by employees in the Division of Environmental Health while still performing his duties with the Division of Solid Waste Management. He states that he is responsible for training those employees, and giving management assessments of their work. He performs their duties when they are absent.

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

AnalysisThe appellant was correctly denied admittance to the subject examination since he lacked the required amount of qualifying experience. Specifically, the experience requirements included supervisory accounting experience in work involving the installation, operation and keeping of large-scale systems of accounts. While the appellant performed the required accounting, he stated on his application that he does not have any supervisory duties in his provisional position, nor did he have supervisory duties in his prior-held positions. Therefore, the appellant lacks five years of applicable experience by the May 2019 closing date.

As to his provisional title, a Chief Accountant should be supervising supervisors along with other staff, and a Chief Accountant title is not justified without any subordinates. Thus, the appellant’s position appears to be misclassified. Accordingly, a classification review of the appellant’s position is necessary to determine its proper classification.

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, and that the matter of the appellant’s 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.