Nermeen Bakhoum, CSC Docket No. 2020-1720

BackgroundNermeen Bakhoum appeals the determination of the Division of Agency Services that she did not meet the experience requirements for the promotional examination for Administrative Analyst 3 (PS5314K), Division of Medical Assistance and Health Services.

The education requirement for the subject examination is a Bachelor’s degree. The experience requirements are three years of experience involving the review, analysis, and evaluation of budget, organization, administrative practice, operational methods, management operations, or data processing, or any combination thereof, which shall have included responsibility for the recommendation, planning and/or implementation of improvements in a business or government agency by the July 22, 2019 closing date. A Master’s degree in Public Administration, Business Administration, Economics, Finance, or Accounting could substitute for one year of experience. A total of nine employees applied for the subject examination and four were admitted to the subject test which is scheduled for April 2, 2020. There are currently two employees serving provisionally in the subject title.

Appellant's argumentThe appellant indicated on her application that she possessed a Master’s degree in Business Administration. Further, personnel records indicate that the appellant was a Program Support Specialist 1 from November 2017 to the July 22, 2019 closing date, a Senior Quality Control Reviewer from November 2016 to November 2017, a Field Service Supervisor 2 from January 2016 to November 2016, a Senior Quality Control Reviewer from May 2015 to January 2016, and a Quality Control Reviewer from January 2012 to January 2016. Agency Services credited the appellant with two years and nine months of experience based on her Master’s degrees (one year) and her experience as a Program Support Specialist 1 (one year and nine months), but determined that she lacked three months of experience.

On appeal, the appellant describes how she performs the required duties as a Program Support Specialist 1. Additionally, she presents that as a Field Service Supervisor 2, she supervised multiple staff members and additional administrative staff. The appellant indicates that when she worked in banking, she was responsible for supervising staff, auditing financial agencies, reconciliation, and completing reports and evaluations in accordance with New Jersey banking principles and monitoring and implementing New Jersey banking rules and regulations. She submits her resume that includes her experience both in the public and private sectors.

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:4- 6.3(b) provides that the appellant has the burden of proof in examination appeals.

AnalysisIn the instant matter, Agency Services correctly determined that the appellant is not eligible for the examination. Per the substitution clause, the appellant had two years and nine months of experience, but lacked three months of the required experience as of the July 22, 2019 closing date. A review of the Field Service Supervisor 2, Medical Assistance and Health Services job specification definition indicates that the primary duty of incumbents in this title is to plan, coordinate and perform field work in relation to Medicaid and Medical Needy programs. However, while incumbents may perform some analysis duties, analyzing the Medicaid and Medical Needy programs to recommend, plan and/or implement improvements of these programs is not a primary duty. 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).

Concerning the appellant’s banking experience, under N.J.A.C. 4A:4-2.1(g), the Civil Service Commission (Commission) can accept clarifying information in eligibility appeals. However, N.J.A.C. 4A:4-2.1(f) provides that an application may only be amended prior to the announced closing date. For example, information submitted on appeal pertaining to duties in a given position that expands or enlarges information previously submitted is considered clarifying and is accepted. However, any documentation indicating work in a setting that was not previously listed on an application or resume cannot be considered after the closing date. Thus, the Commission can only consider information provided on appeal regarding the positions listed on the appellant’s original application. See In the Matter of Diana Begley (MSB, decided November 17, 2004). In this matter, the appellant did not indicate her banking experience on her application nor did she submit a resume with her application. Therefore, the Commission cannot consider this experience. Moreover, even if could, the appellant has not indicated on appeal that analysis of banking operations to make recommendations was a primary duty of her banking experience. Accordingly, there is no basis to disturb Agency Services’ decision.

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.