Liana Lugo and Abdiel Ramirez, CSC Docket No. 2021-1087, 2021-1089

BackgroundLiana Lugo and Abdiel Ramirez appeal the determinations of the Division of Agency Services (Agency Services), which found that they were below the minimum requirements in experience for the open competitive examination for Meter Worker 1 (M0276B), City of Trenton (Trenton). Since these appeals address similar issues, they have been consolidated herein.

The subject examination was announced with a closing date of February 21, 2020. The examination was open to applicants who possessed one year of experience in the readings, repair, or installation of water, parking or other meters OR one year of experience as a laborer in a public works department. The subject eligible list, containing two names, promulgated on January 21, 2021 and expires on January 20, 2024. Two eligibles presently remain active on the subject eligible list.

Lugo and Ramirez both stated on their applications that they served provisionally in the title of Meter Worker 1 from January 2020 to the closing date (February 2020). Agency Services credited Lugo and Ramirez with two months of applicable experience based upon her provisional service in the subject title. However, Lugo and Ramirez were both deemed ineligible for the subject examination because they did not indicate that they possessed an additional 10 months of applicable experience, as required.

On appeal, both Lugo and Ramirez state that they have been serving provisionally in the subject title since January 2020 and that they assist in the installation of meters, electronic register encoders (ECRs) and meter transceiver units (MXUs); record meter readings for water meters; report damage and leaks affecting meters and other equipment; make special readings used to measure the water usage of large connector readers on a weekly basis; and assist in disconnecting water services for emergencies and non-payment. In addition, both submit letters of support from their supervisor, Eric Rainey, Meter Worker Supervisor.

CONCLUSION

RuleN.J.A.C. 4A:4-2.3(b) provides that applicants shall meet all requirements specified in the examination announcement by the announced closing date. N.J.A.C. 4A:1-1.2(c) provides that a rule may be relaxed for good cause shown in a particular situation. Initially, it is noted that Agency Services correctly credited the appellants with two months of applicable experience based upon the experience listed in their applications. However, a review of the record indicates that the appellants continue to serve provisionally in the title of Meter Worker 1. Additionally, the record indicates that the examination situation is not competitive, as the subject eligible list is incomplete, as it only contains the names of two eligibles. In this regard, N.J.A.C. 4A:1-1.2(c) provides that the Commission may relax a rule for good cause in a particular situation. Under these circumstances, good cause exists to relax the provisions of N.J.A.C. 4A:4-2.3(b)2 and accept the appellants’ provisional experience after the closing date, for eligibility purposes only, and admit them to the subject examination.

ORDER

Therefore, it is ordered that these appeals be granted and the appellants’ applications be processed.

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