Elyssa Loiacono, CSC Docket No. 2020-1833

BackgroundElyssa Loiacono appeals the determination of the Division of Agency Services (Agency Services), which found that she did not meet the experience requirement for the open competitive examination for Senior Registered Environmental Health Specialist, Public Health (C0832A), Warren County.

The examination was open, in part, to applicants who, as of the September 4, 2019 closing date, possessed two years of experience performing the duties incumbent upon a Registered Environmental Health Specialist in the enforcement of relevant sanitary, environmental, and public health law and rules; and a Registered Environmental Health Specialist License issued by the Department of Health. The subject examination was cancelled on January 31, 2020, as both applicants, including the appellant, were deemed ineligible.

On her application, the appellant stated that she served provisionally as a Senior Registered Environmental Health Specialist, Public Health from June 2019 to the closing date (September 2019) and as a Registered Environmental Health Specialist, Public Health from March 2018 to June 2019. The appellant also indicated that she possessed the required Registered Environmental Health Specialist License. Agency Services credited the appellant with one year and seven months of applicable experience based on the above-noted experience. However, because she did not possess an additional five months of applicable experience, she was deemed ineligible for the subject examination.

Appellant's argumentOn appeal to the Civil Service Commission (Commission), the appellant argues, in relevant part, that she meets the requirements for the subject title and describes the relevant duties she has performed in detail.

BackgroundAgency records indicate that the appellant continues to serve provisionally in the subject title.

CONCLUSION

RuleN.J.A.C. 4A:4-2.3(b) provides that applicants shall meet all requirements specified in the examination announcement by the announced closing date. N.J.A.C. 4A:1-1.2(c) provides that a rule may be relaxed for good cause shown in a particular situation.

AnalysisInitially, it is noted that Agency Services correctly credited the appellant with one year and seven months of applicable experience based upon the experience listed in her application. However, a review of the record indicates that the appellant continues to serve provisionally in the title of Senior Registered Environmental Health Specialist, Public Health. Additionally, the record indicates that the examination situation is not competitive, as the subject examination was cancelled after both applicants, including the appellant, were deemed ineligible. In this regard, N.J.A.C. 4A:1-1.2(c) provides that the Commission may relax a rule for good cause in a particular situation. Under these circumstances, good cause exists to relax the provisions of N.J.A.C. 4A:4-2.6(a)2 and accept the appellant’s provisional experience after the closing date, for eligibility purposes only, and admit her to the subject examination.

ORDER

Therefore, it is ordered that this appeal be granted and the appellant’s application be processed for prospective employment opportunities only.

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