Franco Henriquez, CSC Docket No. 2020-210

BackgroundFranco Henriquez appeals the determination of the Division of Agency Services (Agency Services) which found that he did not meet the minimum requirements in experience, per the substitution clause for education, for the open-competitive examination for Training Technician Computer Technology (M2116W), Plainfield.

The subject examination had a closing date of November 5, 2018 and was open to residents of Plainfield, Union County, and contiguous counties, who met the announced requirements. These requirements included graduation from an accredited college or university with a Bachelor's degree, and one year of experience in computer training which shall have entailed the development of training courses and materials and the conducting of orientation, in-service, refresher, and employee development and training courses or one year of experience as a teacher or instructor involving the development of a course curriculum or lesson plans and preparation of course materials and the conducting of classes in an adult education, vocational education, job training program, or in a secondary school or college. Applicants who did not possess the required education could substitute additional experience as indicated on a year-for- year basis with thirty semester hour credits being equal to one year of experience. The appellant was found to be ineligible based on a lack of experience per the substitution clause for education. As there were no admitted applicants, the examination was canceled on July 24, 2019.

Appellant's argumentThe appellant indicated possession of 88 college credits which prorates to two years, eleven months of experience. As such, he needed two years, one month of required experience. On his application and resume he listed five positions:

provisional Training Technician Computer Technology, Senior Desktop Support Analyst with Turismo Express, Technical Supervisor with Staples, Customer Care Advisor with Xerox, and Technical Support Representative with Joy Systems. He was credited with one year, two months of experience in the first position, and was found to be lacking eleven months of applicable experience. He remains in his provisional position.

On appeal, the appellant supplies copies of certifications which he contends are equivalent to five college credits. He argues that his experience as a Senior Desktop Support Analyst with Turismo Express and Technical Supervisor with Staples should be acceptable.

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. N.J.A.C. 4A:4-2.1(f) provides that an application may only be amended prior to the announced closing date. N.J.A.C. 4A:1-1.2(c) states that the Civil Service Commission may relax a rule for good cause in particular situations, on notice to affected parties, in order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisInitially, Agency Services correctly found that the appellant was ineligible for the subject examination. As to the appellant’s certifications, he provided evidence that three examinations were equivalent to three semester hours. As such, he should receive credit for three college credits, or one month of experience. There is no substitution clause of certifications for college credits, and the appellant has not provided verifications that the remaining certifications were equivalent to a number of college credits.

Next, the appellant’s experience as a Senior Desktop Support Analyst with Turismo Express had some aspects of the required experience. His remaining positions were in technical support, and clearly are inapplicable. Nonetheless, while his experience with Turismo Express does not precisely mirror the announced requirements, the examination was cancelled, the appellant continues to serve provisionally in the title under test, and he has accrued at least ten months of applicable provisional experience since the November 2018 closing date. Based on the circumstances presented, good cause has been established to accept the totality of the appellant’s experience and relax the provisions of N.J.A.C. 4A:4-2.1(f) and N.J.A.C. 4A:4-2.3(b) to accept the appellant’s additional provisional experience beyond the closing date and admit him to the examination.

ORDER

Therefore, it is ordered that this appeal be granted, the examination cancellation be rescinded, and the appellant’s application be processed.

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