Mary Haggar, CSC Docket No. 2020-1127

BackgroundMary Haggar appeals the determination of the Division of Agency Services (Agency Services) that she did not meet the experience requirement for the promotional examination for Classification Officer 1 (PS9516I), Department of Corrections.

The subject examination was announced with specific requirements that had to be met as of the April 22, 2019 closing date. The requirements were graduation from an accredited college or university with a Bachelor’s degree, and two years of experience in program delivery or development in providing education, habilitative, or social services for persons with emotional, social or behavioral problems, or, experience in the review of records and classification of inmates which shall have included providing recommendations for vocational and other rehabilitation programs, and/or probation or parole work with inmates of a penal or correctional facility. It was noted that applicants who did not possess the required education could have substituted additional experience as indicated above on a year-for-year basis. Since the appellant did not possess a Bachelor’s degree at the time she applied for the examination, she was required to possess six years of applicable experience. The examination was cancelled on October 24, 2019 as none of the applicants, including the appellant, were found eligible for the examination.

On her application, the appellant listed that she possessed 64 college credits, and that she served provisionally in the subject title from September 2018 to the April 22, 2019 closing date. The appellant did not list any other information regarding her experience on her application. Agency Services credited the appellant with two years and one month of applicable experience for her education, and with eight months of applicable experience for her service in the subject title. Accordingly, Agency Services determined that the appellant was ineligible for the examination.

Appellant's argumentOn appeal, the appellant asserts, among other things, that she served as a Technical Assistant, Classification from December 2014 to September 2018. She describes that experience and argues that such experience, in addition to her provisional service in the subject title, should qualify her for the examination.

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

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a)2 provides that applicants shall meet all requirements specified in the promotional 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.

AnalysisIn the instant matter, Agency Services correctly credited the appellant with two years and nine months of applicable experience for her college credits and provisional service in the subject title. Upon further review of the appellant’s experience listed on her application and on appeal, the Civil Service Commission is satisfied that the totality of the appellant’s work experience is sufficient to satisfy the experience requirement. In this regard, the appellant’s experience as a Technical Assistant, Classification on appeal is applicable. Further, as the examination was cancelled due to no eligible applicants, good cause has been presented to accept this amended information. It is noted that the dual purpose of the Civil Service Commission is to ensure efficient public service for State and local governments and to provide appointment and advancement opportunities to Civil Service employees based on their merit and abilities. These interests are best served when more, rather than fewer, individuals are presented with employment opportunities. See Communications Workers of America v. New Jersey Department of Personnel, 154 N.J. 121 (1998). Additionally, the appellant continues to serve provisionally in the title under test and has accrued an additional eight months of experience since the April 22, 2019 closing date. Under these circumstances, with the inclusion of her Technical Assistant, Classification experience and her provisional experience gained after the closing date, she should be admitted to the examination. The appellant is cautioned that in the future, she shall fully complete any examination application and failure to do so may cause her rejection from the examination process.

ORDER

Therefore, it is ordered that this appeal be granted, the cancellation of the examination announcement 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.