James Jones, CSC Docket No. 2021-403

BackgroundJames Jones appeals the determination of the Division of Agency Services (Agency Services) that he did not meet the experience requirements for the promotional examination for Assistant Public Works Superintendent (PM1703A), Upper Township.

The experience requirements for the subject title are four years of supervisory experience in the construction, maintenance, and repair of streets, in sewer, water, sanitation or other public work facilities, or in similar heavy construction or maintenance work by the December 23, 2019 closing date. The appellant was the only applicant and the examination was cancelled due to a lack of qualified applicants.

On the appellant’s application, he indicated that he was provisionally serving in the subject title from June 2019 to the December 23, 2019 closing date, a Supervisor of Carpentry/Buildings and Grounds from November 2009 to the December 23, 2019 closing date, a Carpenter from March 2006 to November 2009, a Maintenance Repairer from January 2003 to March 2006, a Truck Driver from August 1996 to January 2003, and a Laborer from May 1993 to August 1996. Agency Services credited him with having six months of the required experience, but determined that he lacked three years and six months of experience.

Appellant's argumentOn appeal, the appellant explains that during his time as a Supervising Carpenter, he supervised four employees involved in multiple tasks ranging from new construction, renovation, demolition and repair to all Township facilities. He states that his tasks involved layouts, construction and maintenance of facilities. The appellant indicates that he designed, quoted, scheduled and oversaw the construction of projects with outside vendors. He presents that kept records and budgets on each project from start to finish. Further, the appellant indicates that he made employee assignments, answered questions, and gave advice on resolving issues. The appellant states that he developed a yearly budget for his department and kept track of expenditures to ensure that projects did not go over budget. He highlights that he is qualified to use all carpentry tools and is able to complete construction projects from start to finish. In his provisional service in the subject title, the appellant indicates that he makes daily assignments for a staff of 40, manages payroll, employee days off, scheduling of projects, price quoting, scheduling vendor work, disciplining personnel, fleet maintenance and record keeping. He also highlights that he is a Certified Public Works Manager. Additionally, the appellant submits a letter from the Personnel Officer from the appointing authority in support of his appeal.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a) provides that applicants shall meet all requirements specified in the promotional announcement by the closing date. N.J.A.C. 4A:1-1.2(c) provides that the Civil Service Commission (Commission) may relax these rules for good cause in a particular situation, on notice to affected parties, in order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisInitially, Agency Services correctly determined that the appellant was ineligible as the appellant’s background, other than his provisional service in the subject title, was primarily in carpentry and not in the required area. On appeal, the appellant explains that as a Supervising Carpenter, he supervised staff in the new construction, renovation, demolition and repair to all Township facilities. Additionally, the appellant has successfully performed the duties in the subject title as evidenced by the appointing authority’s support of his appeal and the appellant continues to serve provisionally in the subject title. Further, the appellant is a Certified Public Works Manager. Moreover, the examination was cancelled due to a lack of qualified candidates. Therefore, although the appellant’s background does not precisely mirror the requirements in the subject announcement, the Commission finds good cause under N.J.A.C. 4A:1-1.2(c) to accept the totality of his background, for eligibility purposes only, and admit him to the examination.

This determination is limited to the instant matter and does not provide precedent in any other matter.

ORDER

Therefore, it is ordered that the appeal be granted, the cancellation of the examination be rescinded and James Jones’ application be processed for prospective employment opportunities only.

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