Janet Johnson, CSC Docket No. 2020-369

BackgroundJanet Johnson appeals the determination of the Division of Agency Services (Agency Services) that she did not meet the experience requirements for the promotional examination for Paralegal Technician 2 (PS5108K), Office of the Public Guardian.

The education requirements for the subject examination were an Associate’s degree as a Legal Assistant or in Paralegal Studies, or an Associate or Bachelor’s degree and a Certificate of Proficiency in Paralegal Studies. The experience requirements were two years of experience as a paralegal in a law firm, legal tribunal, or legal department in a public or private entity whose primary function was the research, enactment, enforcement, or litigation of legal matters. The requirements needed to be met by the January 22, 2019 closing date. See N.J.A.C. 4A:4-2.6(a). The appellant was the only employee who applied for the subject examination and the examination was cancelled due to a lack of qualified candidates.

The appellant’s application indicated that she possessed an Associate’s degree in Paralegal Studies. Additionally, she indicated that she was a Principal Clerk Typist from March 2003 to April 2018 and served in other titles with the State starting in November 1988. Personnel records also indicate that the appellant was provisionally serving in the subject title1 from April 2018 to the January 22, 2019 closing date. Agency Services credited the appellant with having met the education requirements, but determined that she lacked two years of the required experience.

The record demonstrates that the appellant performed applicable out-of-title work as a Principal Clerk Typist, as the appellant’s superior describes in detail how the appellant has been performing the required duties since 2007 due to business necessity. Moreover, the appellant continues to serve provisionally in the subject title. Accordingly, in this matter, the Civil Service Commission finds good cause under N.J.A.C. 4A:4-2.6(c) to accept the appellant’s out-of-title work experience for eligibility purposes only, and admit her to the examination.

This determination is limited to the instant matter and does not provide precedent in any other matter.

ORDER

Therefore, it is ordered that the appeal be granted, and the cancellation of the examination be rescinded and Janet Johnson’s application be processed for prospective employment opportunities only.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.