Lisa Doderer, CSC Docket No. 2021-1585

BackgroundLisa Doderer appeals the calculation of her performance assessment review (PAR) points for the promotional examination for Claims Adjudicator Supervisor Disability Determinations (PS0927N), Department of Labor and Workforce Development. It is noted that the appellant received a final average of 83.210 and ranks 13th on the resultant eligible list.

The subject examination was tested via the Supervisory Test Battery (STB), and the appellant received 4.475 points for seniority and 1.000 point for her PAR rating. Forty-five candidates appear on the eligible list, which has not yet been certified. The closing date for this examination was November 21, 2019, and the PAR cycle ended September 30, 2019. On that date, the appellant’s PAR on file was 2, and she was awarded one PAR point.

On appeal, the appellant appeals her PAR evaluation points. Specifically, she provided a Step 1 Grievance Resolution form regarding a grievance filed October 24, 2019 and which states that a meeting was held on December 3, 2019. Although undated, it states that the matter will be closed on October 20, 2020. Point 3 of the form states, “Management agrees to rescore Ms. Doderer’s ePAR for the period of October 1, 2018 – September 30, 2019, to increase by 1 point to finalize the rating to 29 for a total rating of (3). This matter is agreed upon by all parties.” The appellant explains that the final decision was significantly delayed due to issues regarding Covid-19.

CONCLUSION

N.J.A.C. 4A:4-2.15(c), candidates for State service promotional examination shall receive credit for the final PAR rating on file in the candidate’s personnel office as of the announced closing date for the rating period immediately preceding the announced closing date.

RuleN.J.A.C. 4A:4-2.15(c)3 states that when the PAR consists of a three-level rating scale, credit shall be awarded as follows:

i. Three points for exceptional; or ii. One point for successful.

AnalysisIt has been long-standing practice, since at least the 1970s, for PAR points to be added to examination and seniority scores to arrive at a final average. The manner in which this was done was at the discretion of the former head of this agency until it was codified in the rules. Currently, N.J.A.C. 4A:4-2.15(c) states that credit is given for the final PAR rating on file in the candidate’s personnel office as of the announced closing date for the rating period immediately preceding the announced closing date. According to her ePAR record, the appellant had a final PAR signed on October 10, 2019 wherein she received a PAR rating of 2. The examination closed on November 21, 2019, so this warranted 1 PAR point on the examination.

On appeal, the appellant provides a Step 1 Grievance Resolution form which closed the matter on October 20, 2020, and which awarded the appellant an ePAR evaluation of 3. Based on these unique circumstances, the appellant’s PAR points should be increased to 3, to reflect an ePAR of 3.

ORDER

Therefore, it is ordered that this appeal be granted.

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