Cristiano Armenti, CSC Docket No. 2021-1382

BackgroundCristiano Armenti appeals the determination of the Division of Agency Services (Agency Services) which found that he did not meet the minimum requirements in experience, and did not possess the required license, for the promotional examination for Assistant Institutional Fire Chief (PS1002H), Department of Health.

The subject examination had a closing date of December 23, 2019 and was open to employees in the competitive division who had an aggregate of one year of continuous permanent service in any competitive title and who met the open competitive requirements. These requirements were possession of a valid Incident Management Level 1 Certification issued by the New Jersey Division of Fire Safety, Department of Community Affairs; and one year of experience as a career firefighter and/or in performing fire prevention work, OR three years of active experience in a volunteer fire unit. The announcement stated that if you have the required certificate, you must indicate this on your application, and proof of the certificate must be submitted with your application. The appellant was found to be below the minimum requirements in experience and to be lacking the required certification. As he was the sole applicant, the examination was cancelled on October 25, 2020.

Appellant's argumentThe appellant indicated that he possessed an Incident Management Level 1 Certification but indicated that the issue AND expiration dates were September 1, 2017, and he did not provide proof of possession of the certification with his application. Also, he listed one position on his application, six months of experience as a provisional in the subject title. He added a resume with additional positions that did not include all requested information such as full or part-time hours. Those positions included two positions as an Emergency Medical Technician (EMT), volunteer Fire Fighter, Plumber Steamfitter, Senior Repairer, and Repairer. The appellant was credited with seven months of experience in his provisional position, and he was found to be lacking five months of applicable full-time experience as a career firefighter or in performing fire prevention work. Also, as he did not include his hours of work as a volunteer Fire Fighter, that position could not be quantified, and he did not possess three years of active experience in a volunteer fire unit.

On appeal, the appellant argues that his Human Resource Office did not correctly assist him in completing his application, and he submits copies of numerous certifications and resubmits his resume.

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. N.J.A.C. 4A:1-1.2(c) states that the Commission may relax a rule for good cause in particular situations, on notice to affected parties, in order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisA review of the appellant’s application reveals that the decision by Agency Services, denying the appellant’s admittance to the subject examination since he does not possess the required experience, was correct. The appellant did not submit proof of possession of a valid Incident Management Level 1 Certification issued by the New Jersey Division of Fire Safety with his application, and therefore, he did not have one on the closing date, December 2019. On appeal, the appellant submits an Incident Management Level 1 Certification issued on September 21, 2020. Further, the appellant did not provide hours of service for his volunteer Fire Fighter position from May 2017 to the December 2019 closing date. However, he was also an EMT and a Plumber Steamfitter simultaneously. As such, he could not have accrued three years of active experience in a volunteer fire unit during this time. His remaining positions were inapplicable.

Nevertheless, the appellant currently has indicated possession of the required certification, the examination was canceled, and the appellant has accrued at least an additional five months of full-time experience in his provisional position since the December 2019 closing date. Based on the circumstances presented, good cause has been established to relax the provisions of N.J.A.C. 4A:4-2.6(a) to accept the appellant’s certification and additional experience beyond the closing date and admit him to the examination.

Lastly, it is noted that eligibility for a given examination is determined based on the information provided on the application. The application states, “You may be declared ineligible or you may not receive proper credit for scoring purposes if you do not properly complete your application,” and “Since your application may be your only ‘test paper,’ be sure it is complete and accurate. Failure to complete your application properly may cause you to be declared ineligible, lower your score, or possibly cause you to fail.” The published announcement also clearly specifies the relevant time frames for filing and amending applications. The announcement also provides a phone number for the Civil Service Commission (Commission) if an applicant would like to get technical support in completing the application. Also, there is the Online Application System User Guide available on the Commission’s website that provides step-by-step instructions for filing an application. While they may provide assistance as a courtesy, it is not the appointing authority’s responsibility to provide assistance to applicants. Rather, an applicant has the responsibility to follow the Commission’s instructions in completing an application. As such, any incorrect assistance provided by the appointing authority has no bearing on this determination. The appellant is cautioned to reread his future applications before submitting them in order to catch any possible errors and to submit the required certification(s). Submission of additional certifications that are not required has no significance in an eligibility determination.

ORDER

Therefore, it is ordered that this appeal be granted, the examination cancellation be rescinded, and the appellant’s application be processed.

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