Patricia Simmons, CSC Docket No. 2020-357

BackgroundPatricia Simmons appeals the determination of the Division of Agency Services (Agency Services) that she did not meet the experience requirements for the promotional examination for Senior Management Assistant (PS9041N), Department of Labor and Workforce Development.

The promotional examination was announced with specific requirements which had to be satisfied by the January 22, 2019 closing date. The pertinent requirements were possession of a Bachelor’s degree from an accredited college or university, and two years of experience performing complex administrative support work which must have included the interpretation, verification and/or application of department/agency rules, regulations, policies and procedures. It was noted that applicants who did not possess the required education could have substituted, in addition to required experience as indicated above, applicable experience on a year for year basis with 30 semester hour credits being equal to one year of experience. Since the appellant did not possess a Bachelor’s degree, she was required to possess six years of applicable experience pursuant to the substitution clause. The examination was cancelled on August 2, 2019 as all of the applicants, including the appellant, were found ineligible for the examination.

The appellant listed on her application and resume that she possessed 21 college credits. Agency Services credited her with eight months of applicable experience for her education. Additionally, the appellant indicated that she served provisionally in the subject title from March 2018 to the January 2019 closing date, as a Senior Technician, Management Information Systems from May 2002 to March 2018, and as a Technician, Management Information Systems from September 1992 to May 2002. Official personnel records show that she served as a Senior Technician, Management Information Systems from December 2001 to March 2018, and as a Technician, Management Information Systems from March 1998 to December 2001. Agency Services did not credit her with any applicable experience for that work. Accordingly, Agency Services determined that the appellant was ineligible for the examination as she lacked five years and four months of applicable experience.

Appellant's argumentOn appeal, the appellant asserts, among other things, that she possesses sufficient experience to qualify for the examination.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a) provides that applicants shall meet all requirements specified in the promotional announcement by the closing date.

AnalysisInitially, Agency Services correctly credited the appellant with eight months of applicable experience for the 21 college credits listed on her application. Moreover, Agency Services correctly did not credit the appellant’s other experience, including her provisional experience in the subject title, as it involved information system implementation and monitoring, troubleshooting information processing programs, working on information systems and websites, coding, and programming. Based on the record, the Commission agrees that her provisional experience as well as her experience as a Senior Technician, Management Information Systems, and Technician, Management Information Systems does not involve all of the required duties. Accordingly, her appeal must be denied. Further, as it appears that the appellant’s provisional position may be misclassified, the Commission refers the classification of her position to Agency Services for further review.

ORDER

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

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