Darryl McDede, CSC Docket No. 2020-1633

BackgroundDarryl McDede appeals the determination of the Division of Agency Services (Agency Services), which found that he did not meet the experience requirement for the open-competitive examination for Investigator (S0625A), Statewide.

The subject examination was announced with a closing date of August 21, 2019 and was open to New Jersey and United States residents who possessed two years of paraprofessional experience in casework involving the collection of facts, securing and verifying socioeconomic data, obtaining information by observing conditions, examining records, interviewing individuals and/or preparing investigative reports of findings. Four hundred seventy applicants were admitted to the written test, which was held on March 14, 2020.

On his application, the appellant listed his experience, in relevant part, as a Judiciary Clerk 3 from November 2017 to August 2019 and as a Judiciary Clerk 3/Judiciary Clerk 4 from March 2009 to November 2017, both with the New Jersey Judiciary. The appellant indicated that his major duties as a Judiciary Clerk 3/Judiciary Clerk 4 from March 2009 to November 2017 included the following: coordinating calendars for the judges and hearing officers from docketing through disposition; processing interstate UIFSA complaints; taking charge of all incoming and outgoing venue transfers; conforming court orders for the judge’s signature for outgoing venue transfers; processing Board of Social Services (BSS) complaints; working closely with BSS employees so that they understand court processes; scheduling appointments for litigants with the Probation Officers; and being part of the FM FD team, including docketing FM complaints for divorce and answers and processing motions. Agency Services credited the appellant with one year and 10 months of applicable experience based on his experience as a Judiciary Clerk 3 from November 2017 to August 2019. His experience as a Judiciary Clerk 3/Judiciary Clerk 4 from March 2009 to November 2017 was not credited as it primarily focused on basic clerical work. None of his remaining listed experience was credited as well since the positions either primarily focused on basic clerical work or were inapplicable. Therefore, Agency Services deemed the appellant ineligible since he lacked two months of experience and thus did not meet the experience requirement set forth in the announcement.

Appellant's argumentOn appeal to the Civil Service Commission, the appellant states, among other things, that his duties as a Judiciary Clerk 3/Judiciary Clerk 4 from March 2009 to November 2017 included working with Probation Officers to conduct home inspections, which entailed going to litigants’ homes, performing visual and physical inspections, and then preparing investigative reports. He states that one of his roles during that timeframe included running and analyzing reports for case closure.

CONCLUSION

RuleN.J.A.C. 4A:4-2.3(b) provides that applicants shall meet all requirements specified in the open-competitive examination announcement by the closing date. Initially, it is noted that Agency Services correctly determined that the appellant was not eligible for the subject examination as the appellant was required to possess two years of applicable experience. However, a review of the appellant’s application reveals that he did not possess the required experience.

AnalysisOn appeal, the appellant maintains that he possesses the requisite experience, highlighting his experience as a Judiciary Clerk 3/Judiciary Clerk 4 from March 2009 to November 2017. Specifically, he maintains that the experience included certain investigative duties. However, in 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. An experience requirement that lists a number of duties that 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). Based on a review of the appellant’s application and appeal, his experience as a Judiciary Clerk 3/Judiciary Clerk 4 from March 2009 to November 2017 cannot be credited. The appellant’s appeal establishes, at best, that the experience included some relevant duties, but it does not materially change the original determination that the experience was primarily clerical. Accordingly, the record reflects that the appellant did not meet the requirements for the title under test, and there is no basis to disturb Agency Services’ determination.

ORDER

Therefore, it is ordered that this appeal be denied.

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