Jody Biondi and Schronda Williams (PC4396C), CSC Docket No. 2022-1468, 2022-1487

BackgroundJody Biondi and Schronda Williams appeal the determinations of the Division of Agency Services (Agency Services) that they did not meet the experience requirements for the promotional examination for Investigator, Secured Facilities (PC4396C), Essex County. Since these appeals involve similar issues, they have been consolidated herein.

The promotional examination was announced with specific requirements which had to be satisfied by the August 23, 2021 closing date. Specifically, the announcement required candidates to possess a Bachelor’s degree from an accredited college or university, and one year of experience in the custodial field which shall have included investigations of violations of rules, regulations, standards and laws by adult inmates, juveniles and/or employees working within a secured facility. It was noted that applicants who did not possess the required education could have substituted, in addition to the required experience as noted above, applicable experience on a year for year basis, with 30 semester hour credits being equal to one year of experience. As such, applicants who did not possess a Bachelor’s degree required five years of applicable experience. Of the 35 who applied for the subject examination, six were found eligible. The list has not yet promulgated.

BIONDI’s APPEAL

On her application, Biondi indicated that she possessed a Bachelor’s degree. Biondi also listed that she served provisionally in the subject title from October 2020 to the August 23, 2021 closing date, as a County Correctional Police Officer from March 2009 to October 2020, and as a Case Manager from December 2003 to March 2009.1 Agency Services credited Biondi for her Bachelor’s degree, and with 11 months of applicable experience for her service from October 2020 to the closing date. It did not credit her with any other applicable experience. Accordingly, Agency Services determined that Biondi lacked one month of applicable experience.

On appeal, Biondi maintains that she meets the experience requirement for the subject examination. Biondi states that she has been serving as a County Correctional Police Officer with the Essex County Department of Corrections since March 2009, and she was assigned to investigate matters concerning violations of rules, regulations and standards by the inmates, and issued disciplinary action against them. Biondi adds that since October 2020, she has been assigned to the Special Investigations Division/Internal Affairs Bureau, and her duties included investigating alleged criminal acts and administrative violations; investigating misconduct; preparing statements; coordinating with State, county and local law enforcement agencies; attending trainings; preparing reports; carrying firearms; maintaining equipment security; preemployment screenings, obtaining evidence; completing continuing education programs; and performing juvenile investigations.

Official personnel records indicate that Biondi continues to serve provisionally in the subject title.

WILLIAMS’ APPEAL

On her application, Williams indicated that she possessed 113 college credits. Since Williams did not possess a Bachelor’s degree, she was required to possess five years of applicable experience pursuant to the above listed substitution clause. Agency Services credited her with three years and six-months of applicable experience for her college credits. Williams also listed that she served provisionally in the subject title from August 2020 to the August 2021 closing date, and as a County Correctional Police Officer from August 2014 to July 2020.2 Agency Services credited her with five-months of applicable experience for her provisional service in the subject title. However, it did not credit her with any other applicable experience.

1 Official personnel records indicate that she served provisionally in the subject title effective January

20, 2022, as a County Correctional Police Officer from March 30, 2009 to January 20, 2022, and as a Family Service Specialist 2 from December 11, 2004 to March 31, 2007, and from January 3, 2009 to April 28, 2009, and as a Family Service Specialist 1 from March 31, 2007 to January 3, 2009. 2 Official personnel records indicate that Williams served as a County Correctional Police Officer from

August 2014 to April 9, 2021, and was appointed as a provisional Investigator, Secured Facilities, effective April 10, 2021.

Accordingly, Agency Services determined that Williams was ineligible for the examination, as she lacked one year and one month of applicable experience.

Appellant's argumentOn appeal, Williams asserts that she performed Internal Affairs investigative work while serving as a County Correctional Police Officer. Williams adds that, since August 2015, her assignments included utilizing computerized information systems, completing training courses, conducting investigations, obtaining intelligence, reviewing complaints, answering inquires and written correspondence, obtaining evidence, preparing reports, maintaining records, reviewing inmate violations, maintaining contact with State, federal and local agencies, completing pre- employment background investigations, and carrying firearms.

BackgroundOfficial personnel records indicate that Williams continues to serve provisionally in the subject title.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a)2 provides that applicants shall meet all requirements specified in the promotional announcement by the closing date.

AnalysisUnder N.J.A.C. 4A:4-2.1(g), the Civil Service Commission (Commission) can accept clarifying information in eligibility appeals. However, N.J.A.C. 4A:4-2.1(f) provides that an application may only be amended prior to the announced closing date. For example, information submitted on appeal pertaining to duties in a given position that expands or enlarges information previously submitted is considered clarifying and is accepted. However, any documentation indicating work in a setting that was not previously listed on an application or resume cannot be considered after the closing date. Thus, the Commission can only consider information provided on appeal regarding the positions listed on the appellant’s original application. See In the Matter of Diana Begley (MSB, decided November 17, 2004).

In the present matter, Agency Services properly credited Biondi with 11 months of applicable experience, and Williams with three years and 11 months of applicable experience pursuant to the substitution clause, since she does not possess a Bachelor’s degree. It is noted that Agency Services could not credit the appellants with any additional applicable experience based on the incomplete information provided on their applications. However, on appeal, Biondi clarifies that based on her primary duties from March 2009 to August 2021, and Williams’ clarifies that based on her primary duties from August 2014 to August 2021, they possess more than five years of experience in investigations of violations of rules, regulations, standards and laws by adult inmates, juveniles and/or employees working within a secured facility. Accordingly, the appellants’ clarifying experience is accepted, for eligibility purposes only, and they should be admitted to the subject examination.

ORDER

Therefore, it is ordered that these appeals be granted and the appellants’ applications 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.