Michael McLean, CSC Docket No. 2020-283

BackgroundMichael McLean appeals the determination of the Division of Agency Services which found that he did not meet the minimum requirements in experience for the open-competitive examination for Director of Health and Welfare (M0050A), Jersey City.

The subject examination had a closing date of January 7, 2019 and was open to residents of Jersey City who met the announced requirements. These requirements included graduation from an accredited college or university with a Bachelor's degree, and five years of supervisory experience in a large public or private social, health, or educational agency embracing a wide experience with social and health problems. Applicants who do not possess the required education may substitute additional experience as indicated on a year-for-year basis with thirty semester hour credits being equal to one year of experience. A Master’s degree in Sociology, Social Work, and/or Psychology from an accredited college or university could be substituted for two years of experience. The appellant was found to be ineligible based on a lack of experience. As there were no admitted applicants, the examination was canceled on July 24, 2019.

On his application, the appellant indicated possession of a Bachelor’s degree. His Master’s degree in Educational Leadership was not substitutable for experience. He listed the following positions on his application: provisional Director of Health and Welfare; Co-Director, Program Coordinator (volunteer position, part- time, 20 hours per week) with Jersey City Vigil for Refugees; Adjunct Professor (part-time, 20 hours per week) with Saint Peter's University; Co-Director, Program

Coordinator (volunteer position, part-time, 20 hours per week) with Jersey City Food Not Bombs; Administrator of Summer Enrichment Academy with Don Bosco Preparatory High School; Social Justice Coordinator (part-time, 25 hours per week) with Don Bosco Preparatory High School; Social Justice Coordinator; and Senior Faculty Member, English and Social Studies with Don Bosco Preparatory High School. He was credited with five months of experience in his provisional position, his experience as a Co-Director, Program Coordinator, 20 hours per week, prorated to one year, six months of full-time experience, and his Co-Director, Program Coordinator position, 20 hours per week, prorated to two years of full-time experience. As such, he had three years, eleven months of qualifying experience was found to be lacking one year, one month of applicable experience.

Appellant's argumentOn appeal, the appellant states that he is a provisional in the subject title, and he provides letters of recommendation, duties of various positions, and a description of his Master’s degree.

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: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, the appellant was correctly found ineligible for the subject examination. He was credited with three years, eleven months of experience in three positions, and his remaining experience involved teaching and management of a student/educational program, or did not include supervision of professional staff. Additionally, his Master’s degree was not acceptable. However, the examination was cancelled, the appellant continues to serve provisionally in the title under test, and he has accrued at least an additional one year, one month of experience since the January 2019 closing date. Based on the circumstances presented, good cause has been established to 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.