Jean Wilson Assistant Municipal Treasurer (PM2967W), CSC Docket No. 2020-2304

BackgroundJean Wilson appeals the decision of the Division of Agency Services (Agency Services) that she does not meet the education and experience requirements for the promotional examination for Assistant Municipal Treasurer (PM2967W), Jefferson.

The subject promotional examination announcement was issued with a closing date of December 21, 2018 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 in any competitive title, and who met the announced requirements. These requirements included graduation from an accredited college or university with a Bachelor’s degree, including or supplemented by twenty-one (21) semester hour credits in professional accounting subjects, and four years of supervisory accounting experience in work involving the installation, operation, and auditing of large-scale systems of accounts, one year of which shall have been in municipal accounting or auditing. Applicants who satisfactorily completed 21 credits of professional accounting courses at an accredited college or university could substitute additional accounting experience for the remainder of the above educational requirement on a year for year basis. Possession of a valid certificate as a Municipal Finance Officer issued by the New Jersey Department of Community Affairs, Division Local Government Services could be substituted for the educational requirements. The appellant was found to be below minimum requirements in education and experience. As the appellant was the sole applicant, the examination was cancelled on June 11, 2019.

On her application and resume, the appellant listed experience as a provisional Assistant Municipal Treasurer from June 2016 to December 2018, and as a Clerk 2, Clerk 1, (on resume is three titles, Principal Clerk Typist, Senior Clerk Typist, Clerk Typist) Vice-President/Manager of First Jersey National Bank. She also submitted a transcript indicating that she had completed 39 college credits at Jersey City State College, and she completed nine courses in municipal finance at Rutgers University. Official records indicate that the appellant was a Clerk 3, and Keyboarding Clerk 2 and 1. The appellant’s 39 college credits equal one year, three months of experience, and therefore per the substitution clause, the appellant needed six years, nine months of experience. She did not indicate any accounting credits, nor did she provide a Municipal Finance Officer certificate. She was credited with two years, seven months of experience in her provisional position. The remaining government experience was clerical in nature. Her position as Vice-President/Manager of First Jersey National Bank did not have as the primary focus supervisory accounting experience in work involving the installation, operation, and auditing of large-scale systems of accounts. In sum, the appellant was found to be lacking four years, two months of experience per the substitution clause for education, and 21 credits in accounting courses.

Appellant's argumentOn appeal, the appellant outlines her duties performed as a provisional Assistant Municipal Treasurer.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a)2 states that applicants for promotional examinations must meet all requirements by the announced closing date.

N.J.A.C. 4A:4-1.5(a) states that a provisional appointment may be made only in the competitive division of the career service when all of the following conditions are met:

1. There is no complete list of eligibles, and no one remaining on an incomplete list will accept provisional appointment;

Analysis2. The appointing authority certifies that the appointee meets the minimum qualifications for the title at the time of the appointment; and

3. The appointing authority certifies that failure to make the provisional appointment will seriously impair its work.

RuleN.J.A.C. 4A:4-1.5(b) states that any employee who is serving on a provisional basis and who fails to file for and take an examination that has been announced for his or her title shall be separated from the provisional title. The appointing authority shall be notified by the Chairperson or designee and shall take necessary steps to separate the employee within 30 days of notification, which period may be extended by the Chairperson or designee for good cause.

AnalysisIn the present matter, Agency Services correctly determined that the appellant was not eligible for the subject examination. As of the announced closing date, the appellant did not possess the required 21 semester hour credits in accounting. Therefore, since the announcement specifically indicated that applicants needed to complete 21 credits in professional accounting courses in order to substitute additional accounting experience for the required education, the appellant does not meet the announced education requirement.

It is noted that the appellant failed to establish eligibility for prior examinations for the subject title, (PM1616U) in 2016, and (PM2196V) in 2017. For (PM1616U), the appellant had three months of applicable experience as of the closing date as a provisional Assistant Municipal Treasurer. Her remaining experience was not qualifying and another review confirms that determination. In the interim two years and seven months, the appellant has not obtained the required education, and there is no substitution clause of municipal finance courses for college credits. Therefore, as the appellant has not qualified for three promotional examinations for the subject title since her provisional appointment, the matter of the classification of the appellant’s provisional position is being referred to Agency Services for review.

An independent review of all material presented indicates that the decision of Agency Services that the appellant did not meet the announced requirements for eligibility by the closing date is amply supported by the record. The appellant provides no basis to disturb this decision. Thus, the appellant has failed to support her burden of proof in this matter.

ORDER

Therefore, it is ordered that this appeal be denied, and the matter of the appellant’s position classification be referred to Agency Services.

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