Estefania Leon, CSC Docket No. 2020-316

BackgroundEstefania Leon appeals the determination of the Division of Agency Services which found that she did not meet the experience requirements for the open- competitive examination for Keyboarding Clerk 2 Bilingual in Spanish and English (M0130A), Millville.

The examination had a closing date of January 22, 2019 and was open to residents of Millville City, and to Cumberland County, who possessed one year of experience operating an alphanumeric keyboard or typewriter to produce documents such as letters, memos, reports, charts, forms and other materials. Successful completion of a clerical training program with a minimum of 700 clerical training hours or 30 semester hour credits in secretarial science from an accredited college or university could be substituted for the experience. The appellant was found to be below minimum requirements in experience. As there were no admitted candidates, the examination was cancelled on July 22, 2019.

On her application, the appellant listed three positions, Keyboarding Clerk 2 Bilingual in Spanish and English, Associate with Lane Bryant, and Violation Clerk (part-time, 24 hours per week) with CS Regional Municipal Court1. She was credited with three months in her provisional position and two months in her Violation Clerk position, prorated. Her Associate duties at a retail clothes store were inapplicable. Therefore, she was found to be lacking seven months of experience.

1 Cumberland Salem Regional Municipal Court.

Appellant's argumentOn appeal, the appellant states that she can speak English and Spanish, and can do the work of the title. She provides her tasks in her provisional position in the subject title.

CONCLUSION

N.J.A.C. 4A:4-2.3(b)(2) provides that applicants shall meet all requirements specified in the open competitive examination announcement by the closing date.

In the present matter, the appellant was required to possess one year of experience and she received full credit for her experience in the first and third positions on her application. Her second position was clearly inapplicable. Nonetheless, the subject examination is non-competitive, with no eligibles. The appellant is still serving as a provisional appointee and she has accrued more than seven months of additional full-time experience since the closing date in January 2019. Based on the particular circumstances presented, good cause has been established to relax the provisions of N.J.A.C. 4A:4-2.3(b) to accept the appellant’s additional experience beyond the closing date and admit her 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 for prospective appointment opportunities only.

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