Lisa Davis, CSC Docket No. 2022-1072

BackgroundLisa Davis, Jodie Eastlack, James Sinclair, and Shane Stevenson appeal the determinations of the Division of Agency Services (Agency Services) that they did not meet the experience requirements for the promotional examination for Deputy Director of Welfare (PC4336C), Gloucester County Division of Social Services. These appeals have been consolidated due to common issues presented.

The subject examination’s closing date was August 23, 2021. The education requirement was a Bachelor’s degree supplemented by a Master’s degree. The experience requirements were five years of experience in program management which shall have involved setting organizational goals and objectives, establishing or determining need for and planning organizational changes, setting organizational policy and developing operational and procedural guidelines and supervision of staff. Applicants who did not possess a Bachelor’s degree could have substituted additional experience as indicated on a year-for-year basis with 30 semester credits being equal to one year of experience. Applicants who did not possess the required Master’s degree could have substituted one additional year of experience. A total of seven employees applied and all were deemed ineligible. Therefore, the examination was cancelled due to a lack of qualified candidates.

On Davis’ application, she indicated that she possessed a Bachelor’s degree. She also indicated that she was a Human Services Specialist 4 (HSS4) from July 2018 to the August 23, 2021 closing date, a Human Services Specialist 3 (HSS3) from September 2014 to July 2018, a Human Service Specialist 2 (HSS2) from June 2012 to September 2014, a Human Service Specialist 1 (HSS1) from October 2010 to June 2012, an Advertising Sales Representative for the Gloucester County Times from May 2008 to October 2010, a Sales Manager for Champion Mortgage from September 2000 to May 2008, and an Administrative Assistant from March 1998 to September 2000 for Group Ten Builders. Personnel records indicates that she was a HSS2 from February 2012 to September 2014 and a HSS1 from October 2010 to February 2012. Agency Services credited Davis for her Bachelor’s degree, but, per the substitution clause for education, determined that she lacked six years of experience.

On Eastlack’s application, she indicated that she possessed an Associate’s degree. She also indicated that she was an Administrative Supervisor of Income Maintenance from January 2021 to the August 23, 2021 closing date, an Assistant Administrative Supervisor of Income Maintenance from March 2020 to January 2021, a HSS4 from September 2014 to March 2020, a HSS3 from August 2002 to September 2014, and a HSS2 from March 1989 to August 2002. Personnel records indicate that she was an Assistant Administrative Supervisor of Income Maintenance from March 2020 to the August 23, 2021 closing date, a HSS4 from September 2014 to March 2020, a HSS3 from August 2002 to September 2014, a HSS2 from June 2000 to August 2002, an Income Maintenance Worker from December 1993 to June 2000, an Income Maintenance Technician from August 1993 to December 1993, an Income Maintenance Worker from June 1993 to August 1993, an Income Maintenance Technician from November 1992 to June 1993, a Keyboarding Clerk 1 from September 1992 to November 1992, a Keyboarding Clerk 2 from July 1992 to September 1992, a Keyboarding Clerk 1 from July 1991 to July 1992, an Income Maintenance Technician from October 1990 to July 1991, a Keyboarding Clerk 1 from June 1990 to October 1990, a Social Services Technician from October 1989 to June 1990, and a Keyboarding Clerk 1 from March 1989 to October 1989. Agency Services credited her for her Associate’s degree and eight months of experience based on her Administrative Supervisor of Income Maintenance service, but determined, per the substitution clause for education, that he lacked seven years and four months of experience.

On Sinclair’s application, he indicated that he had a Bachelor’s degree. He also indicated that he was an Assistant Administrative Supervisor of Income Maintenance from February 2020 to the August 23, 2021 closing date, a HSS4 from January 2010 to February 2020, a HSS3 from February 2006 to January 2010, and a HSS2 from May 2002 to February 2006. Personnel records indicate that he was a HSS4 from March 2010 to February 2020 and a HSS3 from February 2006 to March 2010. Agency Services credited the appellant for having a Bachelor’s degree, but determined, per the substitution clause for education, that he lacked six years of experience.

On Stevenson’s application, he indicated that he had a Bachelor’s degree. He also indicated that he was provisionally serving in the subject title from January 2021 to the August 23, 2021 closing date, an Administrative Supervisor of Income Maintenance from June 2019 to December 2020, an Assistant Administrative Supervisor of Income Maintenance from July 2017 to May 2019, a HSS4 from 2014 to July 2017, a HSS3 from July 2010 to March 2014, and a HSS4 from March 2006 to July 2010. Agency Services credited him for his Bachelor’s degree and two years and three months of experience based on his provisional service in the subject title (eight months) and his experience as an Administrative Supervisor of Income Maintenance from June 2019 to December 2020 (one year and seven months), but determined, per the substitution clause for education, that he lacked three years and nine months of experience.

Appellant's argumentOn appeal, Davis asserts that she has more than 10 years of management experience. She presents that as a HSS3 she supervised a Medicaid unit under an Administrator of Income Maintenance while the unit supervisor was on leave. Davis indicates that she has more than four years of supervisory experience from her experience with the appointing authority. Additionally, in the private sector, she states that she has more than two years of experience as a shift supervisor for a restaurant, four years of experience as a supervisor in the finance industry as a Sales Manager and Trainer, one year of experience as an Office Manager in the construction industry, and many years of managerial experience as an Account Manager in the marketing and advertising industry. Davis contends that it is unfair if her private sector supervisory experience is not considered as she gained a wealth of experience that can be applied to any industry. She presents that if this is the case, someone without a degree who has only worked for the appointing authority for their entire career would be more qualified for an “executive” management Civil Service position rather than herself, who has earned her degree, has extensive management experience in corporate America, has been mentored by Ivy League educated supervisors, and has worked in a supervisory capacity in five of her 11 years with the appointing authority. Davis asserts that her background is why she has been promoted so quickly compared to her co-workers. Davis states that, mostly based on her private sector experience, she has introduced and implemented numerous new processes, procedures and programs during her employment with the appointing authority, which have been used to serve clients more effectively.

BackgroundEastlack presents that from September 2014 to March 2020, as a HSS4, she supervised eight staff members where she planned, organized the workflow, determined staffing allocation, and set goals and objectives for the unit. Thereafter, from March 2020 to January 2021, as an Assistant Administrator of Income Maintenance, she supervised 40 employees where she continued to set organizational goals as well as planned for organizational changes and revised agency policy as needed and she continues to supervise, train, and set procedural guidelines. Further, in January 2021, she was provisionally appointed as an Administrator of Income Maintenance where she continues to supervise 40 employees, provide training to the agency, and set policy, organizational guidelines, and work product goals.

Sinclair highlights that he has a Bachelor’s degree, 10 years of supervisory experience as a HSS4, and one and one-half years of supervisory experience in an administrative position. Therefore, he believes that he meets the requirements.

Stevenson presents that he has a Bachelor’s degree. He indicates that he has three years and four months of experience as an HSS4. Stevenson explains that in this position, he had oversight of initial SNAP applications and supervised 12 employees, which involved preparing weekly progress reports that were disseminated to staff, directing staff on the completion of SNAP applications in a timely and effective manner, evaluating staff, and adjusting staff responsibilities based on worker strengths. As an Administrator of Income Maintenance for 23 months, he supervised three HSS4s who oversaw 35 employees. Stevenson presents that in this position he set organizational goals for income maintenance to comply with government timelines, adopted policy due to the changing worker-client relationship, which increased efficiency and production, and eventually became the training supervisor. Thereafter, as an Administrator of Income Maintenance for 18 months, he supervised four HSS4s who oversaw 40 employees. He states that he set organization goals to comply with deadlines, continually refined the case bank model to make use of worker strengths, and required regular trainings for staff. Subsequently, he was provisionally appointed to the subject title where he has served for seven months. Stevenson indicates that he has five administrators and three clerical assistants reporting to him. In this position, under the Director, he helps to develop policies, goals, procedures, and objectives in collaboration with the County Administration, which includes budget considerations and constraints. Further, legislative complaints are investigated and rectified and staff is continually evaluated on timeliness and work quality. Stevenson states that he interviews potential new hires and provides the County Administration his recommendations.

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:4-6.3(b) provides that the appellant has the burden of proof in examination appeals.

AnalysisIn this matter, a review of the appellants’ applications and appeals indicates that Agency Services correctly determined that they were not eligible for the subject examination. Specifically, per the substitution clause for education, Davis, Sinclair and Stevenson, who possess Bachelor’s degrees, needed six years of experience, while Eastlack, who has an Associate’s degree, needed eight years of experience of program management experience which shall have involved setting organizational goals and objectives, establishing or determining need for and planning organizational changes, setting organizational policy and developing operational and procedural guidelines and supervision of staff. In State service, program management experience can only be gained by service in “S” level employee relationship group titles as service at this level provides a higher level of supervisory responsibility necessary for successful performance in a managerial level position. See In the Matter of Collen Keller (CSC, decided 21, 2014). An “S” level supervisor is a second-level supervisor who supervises primary level (“R” employee relation group) supervisors. While the subject examination is for a position in local service and not State service, the classification reporting principals are still the same for the subject managerial title. In order for the appellants to demonstrate applicable experience, that experience, whether in local government or in the private sector, must involve the supervision of primary level supervisors while managing a program.

Regarding Davis, her supervisory experience with the appointing authority was as a HSS4, which is a first-line supervisory title. Therefore, her primary responsibility was to supervise staff in her unit. Further, while she may have made recommendations that were implemented by management, her primary responsibility was to supervise her unit and not manage a program. In order for experience to be considered applicable, it must have as its primary focus full-time responsibilities in the areas required in the announcement. See In the Matter of Bashkim Vlashi (MSB, decided June 9, 2004). Additionally, a review of her application and appeal indicates that none of her private sector supervisory experience was second-level supervisory experience managing a program. Specifically, regarding her most significant private sector supervisory experience, her experience as a Sales Manager for Champion Mortgage, there is no indication that this was secondary-level supervisory experience and it was for sales management and not for the management of a program.

Concerning Eastlack, she did receive credit for her eight months as an Administrative Supervisor of Income Maintenance from January 2021 to the August 23, 2021 closing date1, but Agency Services correctly determined that she did not have the required experience because she has not indicated she was a second-level supervisor involved in program management as an Assistant Supervisor of Income Maintenance from March 2020 to January 2021. Further, even if she was, this would be insufficient as her remaining experience was first-level supervisory experience.

Referring to Sinclair, he indicates that he has one year and seven months of experience as an Assistant Administrative Supervisor of Income. However, he has not clearly indicated that this was secondary supervisory experience managing a program. Regardless, even if it was, Agency Services correctly determined that his remaining supervisory experience as a first-level HSS4 was not applicable.

1 Personnel records indicate that Eastlack was an Assistant Administrator Supervisor of Income during this time and not a provisional Administrative Supervisor of Income Maintenance as she indicates on appeal. If she is provisionally serving in this title, the appointing authority is directed to update her County and Municipal Personnel System record.

Regarding Stevenson, he received credit for two years and three months of experience based on his provisional service in the subject title and his Administrative Supervisor of Income. On his application, he did indicate that he directed supervisors as an Assistant Administrative Supervisor of Income. However, he did not clearly indicate that he was engaged in program management including setting organizational goals and objectives, establishing or determining need for and planning organizational changes, setting organizational policy and developing operational and procedural guidelines and supervision of staff. On appeal, Stevenson states that he set organizational goals necessary for income maintenance. However, even if he was to receive credit for his 23 months of service as an Assistant Administrative Supervisor of Income, he would still lack one year and 10 months of the required experience by the August 23, 2021 closing date as the remainder of his supervisory experience was as a first-level HSS4 supervisor.

ORDER

Therefore, it is ordered that these appeals be denied.

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