Daniel Puliti, CSC Docket No. 2020-1433

BackgroundDaniel Puliti, III appeals the determination of the Division of Agency Services (Agency Services) that he did not meet the experience requirements for the promotional examination for Administrative Analyst 3, Information Systems (PS9735P), State Police.

The subject examination had a closing date of May 21, 2019. The education requirements were a Bachelor’s degree. The experience requirements were three years of experience in work involving the review, analysis, and evaluation of the administrative, business, and/or operational policies, procedures, practices, and processes and/or the technological requirements of an organization for the purpose of revising/enhancing existing information systems and/or developing/acquiring and implementing new IT solutions and services. Further, applicants who did not possess the required education could substitute experience on a year for year basis with 30 semester hours being equal to one year of experience. A total of four employees, including the appellant, applied for the subject examination which resulted in a list of one eligible with an expiration date of November 13, 2022. Certification PS191559 was issued containing the name of the one eligible, who was appointed.

On the appellant’s application, he indicated that he has 67 college credits. Additionally, he indicated that he was provisionally serving in the subject title from March 2018 to the May 21, 2019 closing date and was an Information Technology Specialist from January 2015 to March 2018. Agency Services credited the appellant with six years and seven months of experience (two years and two months for 67 college credits and four years and five months for the above experience), but determined, per the substitution clause, that he lacked five months of experience by the closing date. On appeal, the appellant presents that he gained the additional five months of experience after the closing date.

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. 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 purpose of Title 11A, New Jersey Statutes. N.J.A.C. 4A:4-6.3(b) provides that the appellant has the burden of proof in examination appeals.

AnalysisPersonnel records indicate that the appellant continues to provisionally serve in the subject title and has gained the required experience after the closing date. Additionally, the eligible list is incomplete as it currently contains no names. Therefore, the Commission finds good cause under N.J.A.C. 4A:1-1.2(c) to relax the provisions of N.J.A.C. 4A:4-2.6(a) and accept the appellant’s experience gained after the closing date, for eligibility purposes only, and admit him to the subject examination.

ORDER

Therefore, it is ordered that the appeal be granted, 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.