Jeanie Dansbury, CSC Docket No. 2020-1334

BackgroundJeanie Dansbury appeals the determination of the Division of Agency Services (Agency Services) which found that, per the substitution clause for education, she did not meet the experience requirements for the promotional examination for Management Assistant (PS9725N), Department of Labor and Workforce Development.

The subject examination announcement was issued with a closing date of May 21, 2019. The examination 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 any competitive title and who met the announced requirements. These requirements included possession of a Bachelor’s degree from an accredited college or university and one year of experience performing complex administrative support work which must have included the interpretation, verification and/or application of department/agency rules, regulations, policies and procedures. Applicants who did not possess the required education could substitute experience as indicated on a year for year basis. Per the substitution clause for education, the appellant was found to be below the minimum requirements for experience. As there were no eligible candidates, the examination was canceled on July 10, 2013.

Appellant's argumentThe appellant indicated that she possessed no college credits, and therefore, per the substitution clause for education, she was required to possess five years of applicable experience. On her application, she listed experience in the following positions: provisional Management Assistant, Principal Clerk Typist, Senior Clerk Typist, Clerk Typist, Intern, Title Clerk with Dick Greenfield Dodge, Administrative

Assistant 2 with Mercer County Community College, Supervisor 2 MVC, Records Technician 1, Motor Vehicles, Records Technician 2, Motor Vehicles, Records Technician 3, Motor Vehicles, Support Services Representative 2, Senior Clerk Typist, and Clerk Typist. She was credited with ten months of experience in her provisional position, and was found to be lacking five years, two months of experience as of the May 2019 closing date.

On appeal, the appellant argues that she is a provisional in the subject title, and employed by the Department of Labor and Workforce Development since 2011. Prior to that she was employed by the Motor Vehicle Commission. She argues that her experience as a provisional in the subject title, as a Support Services Representative 2, in the Motor Vehicle Records Technician title series, and as a Supervisor 2 Motor Vehicles, and as a Principal Clerk Typist is more than enough experience to cover the experience requirement and the shortfall in education.

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.

AnalysisThe appellant was initially deemed to be ineligible for the subject examination since she lacked four years, two months of required experience. A review of her application indicates that this determination is correct. At the outset, it is noted that titles are categorized as professional, para-professional or non- professional. N.J.A.C. 4A:4-2.5(a)1 states that professional titles require at least a Bachelor’s or higher level degree, with or without a clause to substitute experience. Thus, since the Management Assistant title requires completion of a Bachelor’s degree with a substitution clause, which permits additional experience in lieu of the college credits, as well as relevant experience, it is considered a professional title. Professional experience denotes that the applicants have educational training in some form of higher learning and the work itself is an application of this acquired knowledge. See e.g., In the Matter of Linda A. Arcamone and Laure P. Woolverton (MSB, decided May 22, 2001).

The appellant’s prior-held State titles do not require a Bachelor’s degree and therefore are not professional titles. N.J.A.C. 4A:4-2.5(a)3 states that non- professional titles require less than 60 general college credits or less than 12 specific college credits, while N.J.A.C. 4A:4-2.5(a)2 states that para-professional titles require at least 60 general college credits or 12 or more specific college credits (but less than a full degree). As such, the title Supervisor 2 MVC is considered to be a non-professional title since it has only an experience requirement. The appellant’s remaining titles are nonprofessional clerical titles, as no college education is required.

When a promotion is between the above noted categories, N.J.A.C. 4A:4- 2.5(c)2 permits the examination to be open to applicants who are permanent in an approved bridge title(s) and/or applicants who meet the complete open competitive requirements. A bridge title is one that is recognized by the Civil Service Commission as related to a higher category title in terms of work performed and knowledge, skills, and abilities required. It is noted that “bridge titles” were established in order to allow individuals with experience in a given job category (e.g., clerical or paraprofessional) the opportunity to compete in promotional examinations involving a higher level job category (e.g., paraprofessional or professional). Advancement in some cases was otherwise not possible because the experience acquired in the lower category titles would not technically satisfy the requirements for eligibility in the higher category title. The Secretarial Assistant 2 and 3, including those with the Non-Stenographic variant, are the non-professional bridge titles to the Management Assistant title. In this regard, it is noted that experience gained in a bridge title to establish eligibility to a particular title does not mean that the same experience can be utilized to establish eligibility to a higher title in the series.

A review of the appellant’s duties in each of her prior-held titles indicates that she was not performing complex administrative support work, which must have included the interpretation, verification and/or application of department/agency rules, regulations, policies and procedures, while in those titles. The appellant’s duties as a Supervisor 2 Motor Vehicles were mainly supervisory duties over 25 employees in four sections. None of the appellant’s experience is applicable, and she lacks four years, two months of qualifying experience per the substitution clause for education.

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 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 her burden of proof in this matter.

ORDER

Therefore, it is ordered that this appeal be denied. Further, as the appellant does not meet the requirements for the provisional position, she should be returned to her permanent title.

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