Carlene Magurne, CSC Docket No. 2021-1408

BackgroundCarlene Magurne appeals the decision of the Division of Agency Services (Agency Services) which found that, per the substitution clause for education, she did not meet the experience requirements for the open-competitive examination for Senior Program Analyst (M0389B), Jersey City.

The subject examination was announced with specific requirements that had to be met as of the March 6, 2020 closing date. These requirements included possession of a Bachelor’s degree from an accredited college or university AND two years of experience in the review, analysis and evaluation, of operating programs in an agency or organization. Applicants who did not meet the above education requirement could substitute additional experience on a year-for-year basis with thirty semester hour credits being equal to one year of experience. Three candidates appear on the eligible list, which has been certified once, but no appointments have yet been made.

On her application, the appellant indicated that she possessed no college credits, and therefore, she was required to possess six years of applicable experience per the substitution clause for education. The appellant listed one position, Senior Program Analyst with Jersey City from June 2015 to February 2020. She was credited with four years, nine months of experience, and was found to be lacking one year, three months of experience per the substitution clause.

On appeal, the appellant resubmits an attachment that she had provided with the application called “Submission of Additional Experience.” In this attachment, the appellant states that, “Since 2015 I was employed by the County of Hudson, Office of the County Executive, Cultural Affairs Division. Today I am employed by the City of Jersey City, Office of Administration, Division of Innovation.” The appellant then begins a narrative of various duties that she has performed.

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. N.J.A.C. 4A:1-1.2(c) provides that a rule may be relaxed for good cause in a particular circumstance in order to effectuate the purpose of Title 11A, New Jersey Statutes.

AnalysisIn the present matter, a review of the documentation demonstrates that initially, Agency Services correctly determined that the appellant was not eligible for the subject examination. As of the announced closing date, the appellant only had four years, nine months of experience, and was found to be lacking one year, three months of experience per the substitution clause. However, the eligible list only contains three names and agency records indicate that three provisional appointees are currently serving in the title under test. Therefore, the eligible list is incomplete. Additionally, the appellant continues to serve provisionally in the title under test. Under these unique circumstances, good cause exists to accept the appellant’s provisional experience after the closing date and admit her to the subject examination.

ORDER

Therefore, it is ordered that this appeal be granted, and the appellant be admitted to the subject examination for prospective employment opportunities only. .

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