Ashley Matthews, CSC Docket No. 2020-2709

BackgroundAshley Matthews appeals the determination of the Division of Agency Services (Agency Services) that she did not meet the experience requirement for the promotional examination for Technical Assistant, Management Information Systems (PS7385T), Department of Transportation.

The promotional examination was announced to applicants serving as a Computer Operator Assistant with specific requirements which had to be satisfied by the December 21, 2021 closing date. The requirements were possession of 60 college credits from an accredited college or university. It was noted that two years of experience in the gathering, retrieval, maintenance, compilation, and distribution of technical information in a public or private organization could have been substituted for the above listed educational requirement. It was also noted that 24 semester hour credits in data processing from an accredited college or university could have been substituted for up to two years of the required education and/or experience. The subject examination was cancelled on April 29, 2022 as the only applicant, the appellant, was found ineligible for the examination. Since the appellant did not possess 60 college credits, she was required to possess two years of applicable experience as noted above.

The appellant listed on the employment application that she possessed 29 college credits, and that she served provisionally in the subject title from June 2021 to the closing date, as a Computer Operator Assistant from December 2019 to June 2021, as a Postal Clerk from February 2018 to December 2019, and as a Sales Coordinator from May 2014 to February 2018. Agency Services credited the appellant with seven months of applicable experience for her provisional service in the subject title. It did not credit her with any other applicable experience. Accordingly, Agency Services determined that the appellant was ineligible for the examination, as she lacked one year and five months of applicable experience.

Appellant's argumentOn appeal, the appellant asserts that her experience is sufficient to qualify her for the examination.

It is noted that the appellant continues to serve provisionally in the subject title.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a) provides that applicants shall meet all requirements specified in the announcement by the closing date. N.J.A.C. 4A:1-1.2(c) states that the Civil Service Commission (Commission) may relax a rule for good cause in order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisIn the present matter, the appellant should be admitted to the subject examination. Initially, since the record reflects that the appellant does not possess the 60 college credits, the appellant required two years of applicable experience as noted above. Agency Services correctly credited the appellant with seven months of applicable experience for her provisional service in the subject title. Although the appellant’s experience as a Computer Operator Assistant does not precisely mirror the required experience, the Commission is satisfied that sufficient aspects of that experience are substantially similar with what is required and can be credited. Additionally, the appellant continues to serve provisionally in the title under test and has accrued an additional seven months of applicable experience after the closing date. Moreover, the examination was cancelled due to a lack of applicants. Under these circumstances, good cause exists to accept the appellant’s Computer Operator Assistant work experience and to relax the provisions of N.J.A.C. 4A:4-2.6(a) to accept her experience gained after the closing date, for eligibility purposes only, and admit her to the examination.

ORDER

Therefore, it is ordered that this appeal be granted, the cancellation of the announcement be rescinded, and the appellant be admitted to the examination for prospective employment opportunities only.

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