Rose Marie DeBlasio, CSC Docket No. 2020-1480

BackgroundRose Marie DeBlasio appeals the decision 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 (PS9919N), Department of Labor and Workforce Development.

The subject examination had a closing date of June 21, 2019 and was open to employees in the competitive division who had an aggregate of one year of continuous permanent service in any competitive title and met the announced requirements. These requirements included graduation from an accredited college or university with a Bachelor’s degree, 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 on a year for year basis. The appellant was found to be ineligible based on a lack of experience per the substitution clause for education. As there were no admitted candidates, the examination was cancelled on December 6, 2019.

The appellant did not list any college credits, so she was required to possess five years of qualifying experience. She listed experience in the following positions: provisional Management Assistant; two positions as Head Clerk; two positions as Technical Assistant 3; Senior File Clerk; Collections Representative (part-time, no hours given) with TransAmerica; Child Care Worker (no hours given, no duties given); Clerical Assistant; Clerical Assistant (part-time, no hours given); and Clerk Typist (part-time, no hours given).

The appellant was credited with three years, two months of experience in her provisional position and in the first position as Head Clerk, and was found to be lacking one year, ten months of applicable experience. Her remaining experience was not applicable as those positions did not have the announced experience requirement as the primary focus.

Appellant's argumentOn appeal, the appellant stated that she accrued applicable experience in her provisional appointment, and in both positions as a Head Clerk.

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:4-2.6(c) provides that except when permitted for good cause, applicants for promotional examinations may not use experience gained as a result of out-of- title work to satisfy eligibility requirements.

AnalysisA review of the appellant’s descriptions of duties in her positions indicates that she does not possess the required amount of applicable experience. 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 one year of relevant experience, it is considered a professional title. Further, professional work is basically interpretive, evaluative, analytical and/or creative requiring knowledge or expertise in a specialized field of knowledge. This is generally acquired by a course of intellectual or technical instruction, study and/or research. See In the Matter of Lewis Gordon (Commissioner of Personnel, decided September 27, 1997) (Youth Worker title series not considered to be at a level and scope consistent with professional experience).

RuleConversely, 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, with or without a clause to substitute experience. Also, 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. The title Head Clerk is a non-professional title, since it requires no college credits. When a promotion would be 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 this agency as related to a higher category title in terms of work performed and knowledge, skills, and abilities required. See e.g., In the Matter of Carmella Conn and Karen Wolfgang (MSB, decided May 19, 2004) (Since Secretarial Assistant title series are approved bridge titles to Administrative Assistant 2, experience gained in Clerk Typist and Clerk Stenographer title series as well as Financial Aid Assistant title not applicable for eligibility credit); In the Matter of Elizabeth DeCello, et al. (MSB, decided May 19, 2004) (Experience gained in the Executive Secretarial Assistant title would not be considered acceptable bridge title to the Executive Assistant 3 title); In the Matter of Andrea Mahon (MSB, decided August 11, 2004) (Experience in Secretarial Assistant title series not at the level and scope emphasized in requirements for Executive Assistant 3 title). In this case, the bridge titles for Management Assistant are in the Secretarial Assistant title series.

AnalysisIn order for experience to be considered applicable, it must have as its primary focus full-time responsibilities in the areas required in the announcement. See In the Matter of Bashkim Vlashi (MSB, decided June 9, 2004). The amount of time, and the importance of the duty, determines if it is the primary focus. The appellants’ non-professional and other positions do not match the announced experience requirement, do not have the announced experience requirement as the primary focus, and do not rise to the level and scope of the announced experience requirement. An experience requirement that lists a number of duties which define the primary experience, requires that the applicants demonstrate that they primarily performed all of those duties for the required length of time. Performance of only one or some of the duties listed is not indicative of comprehensive experience. See In the Matter of Jeffrey Davis (MSB, decided March 14, 2007).

Applicants for the subject examination were required to demonstrate that they possessed experience in performing complex administrative support work which must have included the interpretation, verification and/or application of department/agency rules, regulations, policies and procedures. In the instant matter, the appellant listed her duties in the second Head Clerk position as supervising the Employer Accounts Hotline Staff, providing customer assistance, and processing mail. Those duties fall squarely into the Head Clerk title classification, and are not out-of-title. The appellant lacks one year and ten months of applicable experience per the substitution clause for education.

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.