Todd Giallella, CSC Docket No. 2020-1481

BackgroundTodd Giallella appeals the decision of the Division of Agency Services (Agency Services) that he did not meet the experience requirements for the promotional examination for Administrative Analyst 3 Fiscal Management, (PS9943U), Department of the Treasury.

The subject promotional examination announcement was issued with a closing date of June 21, 2019 and was open to employees in the competitive division who were serving in the titles Administrative Analyst 2, Administrative Analyst 2 Fiscal Management, Management and Operations Analyst 2, or Standards and Procedures Technician 1 and had an aggregate of one year of continuous permanent service as of the closing date and who met the educational requirements OR to employees in the non-competitive division who had an aggregate of one year of continuous permanent service as of the closing date in the title State Budget Specialist 1 and who met all announced requirements. These requirements included graduation from an accredited college or university with a Bachelor’s degree including or supplemented by twenty-one (21) credit hours in any combination of Accounting, Business Administration, Economics or Finance courses AND three years of experience in work involving fiscal analysis and evaluation, budgeting and management operations in government, business and/or a management consulting firm. Applicants who did not possess the Bachelor’s degree but who possessed the twenty-one credit hours could substitute the remaining education with experience as indicated above on a year for year basis with thirty semester hour credits being equal to one year of experience. Also, a Master’s degree from an accredited college or university in one of the areas listed above could be substituted for one year of experience; and a Doctorate degree in one of the above areas could be substituted for two years of experience. The appellant was found to be below the minimum requirements in experience. As he was the sole applicant, the examination was cancelled on December 6, 2019.

As the appellant is permanent in the non-competitive title State Budget Specialist 1, he needed to meet the educational and experience requirements. The appellant met the educational listed experience in the following positions on his application and resume: provisional Administrative Analyst 3 Fiscal Management; State Budget Specialist 1; State Budget Specialist Trainee; Assistant Manager with Beer-A-Rama; Inventory Manager/Sales Rep with Paris Automotive Supply; Administrative Assistant (part-time, 20 hours per week) with Collegiate Press, Rider Univ; and Supervisor/Stage Manager with Sesame Place. None of this experince was accepted, and he was found to be lacking three years of qualifying experience.

On appeal, the appellant resubmits his transcript and application, states that he is a provisional in the position and has worked for the State for over seven years, and he provides a synopsis of his employment background. He argues that he meets the educational requirements, and his experience qualifies him for the examination. He provides duties in his various positions that match examples of work from the job specification for the subject title.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a)2 states that applicants for promotional examinations must meet all requirements by the announced closing date.

AnalysisThe appellant was denied admittance to the subject examination since he lacked at least three years of experience in experience in work involving fiscal analysis and evaluation, budgeting and management operations in government, business and/or a management consulting firm. In order for experience to be acceptable, it must mirror the experience required in the examination announcement. In addition, 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 appellant listed the duties of his provisional position as:

Oversee eCATS procedures; evaluate current processes, correct to improve efficiency. Recommend new processes to upper management.•Ensure all State employees are paid in accurate, timely fashion following established procedures/pay cycles. Maintain knowledge of all systems, manual/electronic, ensuring any questions asked can be resolved.•Prepare management policies, staying current with new laws set forth by IRS, relating to processing of Federal/State

W-4 forms. Analyze new publications issued as result of new legislation ensuring any related pieces are implemented.•Develop new methods to enhance efficiency of new hire/termination processing.•Train employees on eCATS, W-4, new hire/terminations, increment processing, and payroll record investigation; provide feedback.•Investigate discrepancies found via reports, working with personnel in all state departments and agencies to resolve payroll issues.•Manage all position work, including organization/assignment of positions within payroll system.•Assign work activities to employees, oversee completion of assignments.•Prepare on demand statistical reports as requested; making certain data is accurately provided.•Responsible for maintaining OMB Title File.•Review current workflow, coordinate with OIT personnel on various projects to reduce errors, discrepancies, ensure payment accuracy, and improve payroll system efficiency.•Coordinate with Civil Service and agency representatives to resolve discrepancies discovered via bi-weekly reports.•Assist in implementing contractual related bonuses. Verify test data, ensuring criteria from contract is satisfied.•Supervise

Increment/Salary File; ensure section employee(s) understand specific procedures.•Assist in coordinating mass changes between agencies due to budgetary legislation.•Independently work on projects, resolve discrepancies which arise via discussion with co-workers or other State employees; confirming information requested is investigated/provided accurately

A review of these duties indicates that he is not performing the work of a Administrative Analyst 3 Fiscal Management, as these duties do not include fiscal analysis and evaluation, and budgeting. As such, Agency Services should perform a review of the appellant’s duties to determine the proper classification of his position. For eligibility purposes, it is not sufficient to be provisional in the title, but the candidate must also be performing the duties of the title. None of the remaining experience had the announced experience requirement as the primary focus. The appellant lacks three years of required experience. Should the classificaiton review find that the appellant is performing in-title work as a Administrative Analyst 3 Fiscal Management, another examination can be announced.

It is noted that ancillary tasks do not establish that a position is qualifying. Also, duties are not compared to examples of work from the job specification for the subject title, but must match the experience requirement. Lastly, it is noted that the appellant failed to meet the experience requirements for another examination for the same title (PS7169U) which had a closing date of March 22, 2018. He included his provisional experience on that application, and it found to lack fiscal analysis and evaluation, and budgeting as well, which supports that the appellant’s position has been misclassified since his appointment on December 23, 2017.

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 his burden of proof in this matter.

ORDER

Therefore, it is ordered that this appeal be denied, and the matter of the appellant’s provisional position classification be referred to Agency Services for review.

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