Diana Logan, CSC Docket No. 2020-799

BackgroundDiana Logan appeals the decision of the Division of Agency Services (Agency Services) which found that she lacked the required amount of permanent status in the competitive division for the promotional examination for Principal Clerk Typist (PS5264K), Department of Children and Families.

The subject examination announcement was issued with a closing date of March 21, 2019. The examination was open to employees in the competitive division who had an aggregate of one year of continuous permanent service as of the closing date and who were serving in the title Senior Clerk Typist, OR in any competitive title and who met the announced requirements. These requirements included two years of keyboarding experience which shall have included clerical work containing a relatively large proportion of difficult tasks. Successful completion of a clerical training program with a minimum of 700 classroom training hours or 30 semester hour credits in secretarial science from an accredited college or university could be substituted for one year of general experience indicated above. The appellant was found to be lacking the required amount of permanent status in the competitive division. Twenty-six candidates were admitted to the examination which has not yet been held.

Appellant's argumentThe appellant provided experience in five positions: Senior Clerk Typist, Clerk Typist, Financial Aid Assistant with Atlantic Cape Community College, Computer Consultant with TechnologyForce Institute, Receptionist with Arc of Atlantic County, and Office Administrator with T. Byrd Computers. Official records indicate that the appellant was appointed to the non-competitive title of Clerk

BackgroundTypist, received a provisional appointment to Senior Clerk Typist on June 10, 2017, and was permanently appointed to that title on May 12, 2018. As such, the appellant was not in the competitive division until she obtained a permanent appointment to Senior Clerk Typist. Thus, she was found to be lacking the required amount of permanent status in the competitive division.

Appellant's argumentOn appeal, the appellant provides a history of her employment, stating that her appointment to Senior Clerk Typist was delayed by examination issues. Next, she believes that she should be credited with four years as a Financial Aid Assistant with Atlantic Cape Community College, which she states was a competitive title.

CONCLUSION

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

AnalysisThe appellant was denied admittance to the subject examination since she lacked an aggregate of one year of continuous permanent service as of the closing date in a title in the competitive division. Official records indicate that the appellant was permanently appointed as a Senior Clerk Typist on May 12, 2018. She was promoted to Senior Clerk Typist from certification (PL180517) for the examination for Senior Clerk Typist (PS3901K). Thus, she obtained a title in the competitive division on May 12, 2018. As the closing date was March 21, 2019, the appellant had less than one year of continuous permanent service in the competitive division, and was appropriately found ineligible for the subject examination.

The employer Atlantic Cape Community College is not a Civil Service jurisdiction, and as such any service with that employer does not accrue permanent status in the competitive division.

The appellant was denied admittance to the subject examination since she lacked the required amount of permanent status in the competitive division. An independent review of all material presented indicates that the decision of Agency Services that the appellant did not meet the announced requirements for eligibility by the closing date is amply supported by the record. The appellant provides no basis to disturb this decision. Thus, the appellant has failed to support her burden of proof in this matter.

ORDER

Therefore, it is ordered that this appeal be denied.

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