Scott Carver, CSC Docket No. 2020-1699

BackgroundScott Carver, Keith Fleming, Charles Pierman, and Trevor Smith, represented by Adam Liebtag, President CWA Local 1036, and John Sigafoos, Kenneth Sutphen and Kyle Kullman appeal the determinations of the Division of Agency Services which found that they did not meet the experience requirements for the promotional examination for Road Repair Supervisor (PC1124A), Hunterdon County. These appeals have been consolidated due to common issues.

The subject examination announcement was issued with a closing date of August 21, 2019, and was open to employees in the competitive division who had an aggregate of one year of continuous permanent service as of the closing date and who were serving in the title Road Repairer OR who were serving in any competitive title and met the announced requirements. These requirements included four years of experience in the construction, repair, and maintenance of roads or streets which may have included work involving installation and maintenance of traffic lines and traffic signs, one year of which shall have been in a lead worker capacity. The appellants were found to be below the minimum requirements in experience. A total of 10 employees applied for the subject examination and 3 were admitted to the test which has not yet been conducted..

Each of the appellants were found to have met the general experience requirement, but did not possess one year as a lead worker, and were found to be ineligible on that basis. Each appellant also had over one year of experience as an Equipment Operator. The appellants argue that the Hunterdon County Roads Department has traditionally used the Equipment Operator title as the assistant supervisor or lead worker within a road crew. The incumbent Equipment Operator assists with oversight of projects and manpower, and has direct responsibility for work in the absence of a supervisor. In support of the appeals, the appointing authority states that it used the title of a Equipment Operator as the lead worker in the crew structure of the County Road Division, and it requests that this out-of-title work be accepted.

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 in pertinent part that applicants for promotional examinations with open competitive requirements may not use experience gained as a result of out-of-title work to satisfy the requirements for admittance to the examination or for credit in the examination process, unless good cause is shown for an exception.

AnalysisInitially, the appellants were correctly deemed to be ineligible for the subject examination since they lacked the minimum requirements in lead worker experience. However, the appointing authority has verified out-of-title work for each of the applicants, who have one year of time in grade as an Equipment Operator. It states out-of-title duties supervising road team workers are duties of an Equipment Operator. With the acceptance of this out-of-title work, the appellants possess the required lead worker experience. Thus, based on the documentation submitted and under these circumstances, good cause exists to accept this out-of-title work experience to satisfy the requirements for the Road Repair Supervisor examination.

ORDER

Therefore, it is ordered that these appeals be granted and the appellants’ applications be processed.

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