Maureen O’Brien Nutrition Program Specialist 1 (S0769A), CSC Docket No. 2020-955

BackgroundMaureen O’Brien appeals the determination of the Division of Agency Services (Agency Services) which found that she did not meet the experience requirements for the open-competitive examination for Nutrition Program Specialist 1 (S0769A), Statewide.

The subject examination announcement was issued with a closing date of August 21, 2019 and was open to residents of New Jersey who possessed a Bachelor’s degree in Nutrition, Food Service Management, Dietetics, Food Science, Food Technology, Home Economics, or other areas related to nutrition from an accredited college or university, and two years of experience in the development, implementation, evaluation or administration of nutrition programs. A Master’s degree in one of the above subject areas could be substituted for one year of experience. The appellant was found to be below the minimum requirements in experience. Eight candidates appear on the eligible list, which has been certified once, but no appointments have yet been made.

Appellant's argumentThe appellant indicated on her application that she possessed a Bachelor’s degree in Nutrition and Food Science, and a Master’s degree in Public Health. She was credited with an applicable Bachelor’s degree, however, her Master’s degree in Public Health was not in one of the specified areas. Accordingly, the appellant needed two years of applicable experience. She listed the following experience on her application: Program Support Specialist with the Department of Health; New Jersey State Coordinator (part-time, 20 hours per week) with Action For Healthy Kids; Worksite Wellness Coordinator with Fiabane Associates; and Territory

Manager with U.S. Foodservice. On her resume, she added the following positions, although she did not provide hours of service for any position: Coffee/Juice Bar Associate with Rastelli Market Fresh; three positions as an Intern; Volunteer service with New Jersey Partnership for Healthy Kids; Sales Representative with Sysco Foods, and Manufacturer Representative with Oscar Mayer Foods. She was credited with one year, two months of experience in the first position, and 9 monts of pro-rated full-time experience in the second position. Thus, she was found to be lacking one month of applicable experience.

On appeal, the appellant argues that her Master’s degree in Public Health should be accepted as a substitute for one year of experinece. Next, she states that she accrued applicable experience as a Program Support Specialist, New Jersey State Coordinator, Worksite Wellness Coordinator, an Internship, Territory Manager, Sales Representative and Manufacturer Representative. She provides more details on her positions.

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.

AnalysisAs to education, the appellant’s Master’s degree in Public Health is not in Nutrition, Food Service Management, Dietetics, Food Science, Food Technology, Home Economics, or other area related to nutrition. It is not acceptable as a substitute for experience.

For experience to be acceptable, it must have as its primary focus full-time responsibilities in the areas required in the announcement. The amount of time, and the importance of the duty, determines if it is the primary focus. See In the Matter of Bashkim Vlashi (MSB, decided June 9, 2004). The appellant was deemed to be ineligible for the subject examination since she lacked one month of qualifying experience. A review of her application indicates that this determination is correct.

The appellant received credit for the first two positions on her application, Program Support Specialist and New Jersey State Coordinator. As a Worksite Wellness Coordinator, she coordinated health fairs. As a Territory Manager she was involved in distribution and sales. As a Sales Representative and Manufacturer Representative, she was in sales. As such, the primary focus of these positions was not the development, implementation, evaluation or administration of nutrition programs. The appellant cannot receive credit for internships. As internships are part of degree programs, they cannot also be counted as experience when an applicant has already received credit for possessing the specified degree. Lastly, the appellant did not provide hours of service for her positions on her resume. As such, those positions also cannot be quantified.

The appellant was denied admittance to the subject examination since she lacked the minimum requirements in experience. 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.