Leonard Aluotto, CSC Docket No. 2020-2388

BackgroundLeonard Aluotto appeals the determination of the Division of Agency Services (Agency Services) that he did not meet the experience requirements for the open competitive examination for Equipment Operator (M0994A), North Arlington.

The experience requirements were one year of experience in the operation and maintenance of construction and maintenance equipment by the October 21, 2019 closing date. A total of nine employees applied for the subject examination and four were deemed eligible. Certification OL200297 was issued on March 16, 2020 containing the names of the four eligibles and its disposition is due June 16, 2020. The list expires on March 11, 2023.

On his application, the appellant indicated that he was serving provisionally in the subject title from May 2019 to the October 21, 2019 closing date. Personnel records indicate that the appellant was provisionally serving in the subject title from July 2015 to the October 21, 2019 closing date, and an Inspector Mosquito Extermination from April 2012 to August 2015. Agency Services credited him with having six months of experience based on the provisional service that he listed on his application, but determined that he lacked six months of the required experience.

Appellant's argumentOn appeal, the appellant states that he was employed by the Bergen County Mosquito Commission from 2012 to 2015 and North Arlington from 2015 to the present. He indicates the equipment that he operated in these positions. The appellant also states that he possesses a Commercial Driver’s License (CDL) with an Air Brake Endorsement. However, he provides no explanation as to why he did not fully list his employment history on his examination application.

CONCLUSION

RuleN.J.A.C. 4A:4-2.1(g) provides that the Civil Service Commission (Commission) can accept clarifying information in eligibility appeals. 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.

AnalysisIn this matter, initially Agency Services correctly determined that the appellant was not eligible for the subject examination as he only indicated that he had six months of experience based on his provisional service in the subject title. However, on appeal the appellant indicates the maintenance and construction equipment he has been operating since 2012. Further, personnel records confirm that the appellant was provisionally serving in the subject title from July 2015 to the October 21, 2019 closing date. Therefore, the Commission finds that the appellant has sufficiently clarified that he has been performing the required duties for more than the required time by the closing date. See In the Matter of Diana Begley (MSB, decided November 17, 2004). However, the appellant is cautioned that, in the future, he is required to fully and accurately complete his examination application. Failure to do so may lead to his rejection from future examinations.

ORDER

Therefore, it is ordered that the 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.