Manar Alsharaa Project Management Specialist 3 (PS6445T), CSC Docket No. 2022-1340

BackgroundManar Alsharaa appeals the determination of the Division of Agency Services (Agency Services) which found that she was not permanent in a title to which the examination was open for Project Management Specialist 3 (PS6445T), Department of Transportation.

The examination at issue was announced with a closing date of September 21, 2021 and was open to employees in the competitive division who had an aggregate of one year of continuous service in the titles of Project Engineer, Local Aid; Project Engineer, Construction; Project Management Specialist 2; Project Engineer, Structural Evaluation; Project Engineer, Structural Transportation; Project Engineer, Surface Design; Project Engineer, Utilities; and Supervising Engineer 2, Structural Engineering.

A review of agency records indicates that the appellant was permanently appointed to the title of Project Engineer, Traffic and continues to serve in that title. Therefore, Agency Services determined that the appellant was not eligible for the subject examination since she lacked one year of continuous permanent service as of the September 21, 2021, closing date in a title to which the examination was open.

Appellant's argumentOn appeal, the appellant submits documentation confirming that she was appointed to the title of Project Engineer, Traffic and has been permanent in that title since November 10, 2018. Additionally, the appellant submits her personnel records, resume, college diploma, and Professional Engineer license. She contends that she possesses the required continuous permanent service in a title to which the subject examination was open as of the closing date. In this regard. she argues that the traffic engineering title/unit has been eligible for previous similar announcements.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a) states in pertinent part that applicants for promotional examinations shall, by the application filing date, have one year of continuous permanent service for an aggregate of one year immediately preceding the closing date in a title or titles to which the examination is open.

AnalysisIn the instant matter, the appellant was correctly found ineligible for the subject examination as she was not permanent in a title to which the examination was open, as she is not serving in one of the various titles listed on the announcement. While the appellant argues that her title or her unit has been eligible for previous similar announcements, that argument is unpersuasive. In that regard, as permitted by N.J.A.C. 4A:4-2.5(b)1, the announcement was open to the next lower in-series titles and other titles as specified by the appointing authority. No two job announcements are identical, and the appellant has not established that the current announcement’s exclusion of the Project Engineer, Traffic title was in error. Moreover, as 35 candidates have been found eligible, there is no basis to relax the title requirements.

Thus, a thorough review of all material presented indicates that the decision of Agency Services, that the appellant did not meet the announced requirements for eligibility by the examination closing date, is amply supported by the record and appellant provides no basis to disturb that decision. Accordingly, the appellant has failed to support her burden of proof in this matter.

ORDER

Therefore, it is ordered that this appeal be denied.

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