Ivan Velasquez, CSC Docket No. 2021-455

BackgroundIvan Velasquez appeals the determination of the Division of Agency Services (Agency Services) which found that he did not meet the minimum requirements in experience for the promotional examination for Housekeeping Supervisor 1 (PS1026J), Ramapo State College.

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 as of the closing date in the title Assistant Housekeeping Supervisor 1 OR to employees in the competitive division who had an aggregate of one year of continuous permanent service as of the closing date in any competitive title and who met the announced requirements. These requirements included four years of general housekeeping experience, three years of which shall have included varied supervisory experience in work connected with housekeeping, sanitation, and maintenance services. As there were no admitted candidates, the examination was cancelled on October 15, 2020.

The appellant listed two positions on his application: provisional Housekeeping Supervisor 1, and Housekeeping Supervisor 2. The appellant was credited with three years, two months of experience, including supervisory experience, and was found to be lacking ten months of general experience.

Appellant's argumentOn appeal, the appellant states that he also held the title Assistant Housekeeping Supervisor 2, and he provides dates of employment for that position, but no duties.

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 Civil Service 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 did not indicate possession of the required experience, was correct. He received credit for the experience listed on his application, however, he could not receive credit for experience that is not listed. Additionally, while the appellant indicates that he held another title, Assistant Housekeeping Supervisor 2, he did not provide the duties of the position, and therefore this position cannot be qualified. For future examinations, the appellant is cautioned to properly complete his applications. Nonetheless, the examination was cancelled due to a lack of admitted candidates, and the appellant has accrued at least an additional ten months of full-time experience 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 additional experience beyond the closing date and admit him to the examination.

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.