Rachel McCauliffe, CSC Docket No. 2020-1182

BackgroundRachel McCauliffe appeals the determination of the Division of Agency Services (Agency Services) that she did not meet the education and experience requirement for the promotional examination for Senior Youth Worker (PS9563P), Juvenile Justice Commission.

The promotional examination was announced with specific requirements which had to be satisfied by the April 22, 2019 closing date. Specifically, the announcement was open, in pertinent part, to employees with one year of continuous permanent service as of the closing date in the title Youth Worker and met the experience requirements. The experience requirements were two years of experience in the direct care and/or training of children with social, emotional, psychological and/or behavioral problems in a residential or community centered program. It was noted that 30 semester hour credits from an accredited college, which shall have included at least 12 semester hours in the behavioral sciences could have been substituted for one year of experience. A total of 44 applicants applied for the subject examination which resulted in a list 27 applicants, and the examination has not yet been scheduled.

On her application, the appellant listed that she possessed a Bachelor’s degree and Master’s degree in Criminal Justice. Based on her transcript, Agency Services credited her with six college credits in the behavioral sciences. 1 As such,

1 The courses included Psychology of Everyday Persuasion and General Psychology 1.

Agency Services did not credit the appellant with one year of experience pursuant to the substitution clause of education for experience. The appellant listed that she served as a Youth Worker from March 2018 to the April 22, 2019 closing date. Agency Services credited her with one year and two months of applicable experience for that work. The appellant also indicated that she served as a Judge’s Secretary from July 2016 to November 2017, as an Accounts Receivable Coordinator/Shipping Clerk from June 2012 to February 2017, as a Per Diem Healthcare Aid from March 2015 to September 2015, and as an Emergency Medical Technician from January 2014 to January 2015. Agency Services did not find any of her other experience applicable. Accordingly, Agency Services determined that the appellant was ineligible for the examination as she lacked 10 months of applicable experience.

Appellant's argumentOn appeal, the appellant asserts, among other things, that with respect to her Bachelor’s and Master’s degrees, she possesses 155 college credits. In this regard, she states that at least 24 of such credits are pertaining to behavioral science course work. As such, the appellant states that her education and experience are sufficient to qualify her for the subject examination.

It is noted that the appellant’s educational transcript reflects that she completed several Criminal Justice courses that appear to involve the behavioral sciences, including Advanced Criminological Theory, Juvenile Justice and Delinquency, Victimology, and Criminology and Social Theory.

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. Further, N.J.A.C. 4A:1-1.2(c) states that the Civil Service Commission (Commission) may relax a rule for good cause in order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisInitially, Agency Services correctly determined that the appellant did not meet the required educational experience as listed in the requirements since her transcript does not reflect that she possesses 12 credits in the behavioral sciences as required. With respect to the appellant’s argument that she possesses at least 24 college credits in behavioral science course work, her transcript reflects that she took several Criminal Justice courses that also dealt with the behavioral sciences.2 Accordingly, although the appellant does not possess the specific educational requirements as indicated in the announcement, the Commission is satisfied that the totality of the appellant’s coursework is sufficient to satisfy the educational requirement. In this regard, the dual purposes of the Civil Service system 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). Therefore, under these circumstances, good cause exists to relax the provisions of N.J.A.C. 4A:4-2.6(a) and accept the totality of the appellant’s education, for eligibility purposes only, and admit her to the subject examination.

2 Criminal Justice is not considered a behavioral science. Rather it is an interdisciplinary degree. As such, much of its subject matter involves behavioral sciences such as Psychology and Sociology.

It is noted that this remedy is limited to the particular circumstances of this matter and does not set a precedent for any other matter.

ORDER

Therefore, it is ordered that this appeal be granted and the appellant’s application be processed for prospective employment opportunities.

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