Katherine Fullerton, CSC Docket No. 2022-1815

BackgroundKatherine Fullerton appeals the determination of the Division of Agency Services which found that she did not meet the minimum experience requirements for the open competitive examination for Supervising Planner (C0625C), Hunterdon County.

The subject open competitive examination was announced with specific requirements that had to be met as of the November 22, 2021 closing date. These requirements included graduation from an accredited college or university with a Bachelor's degree including or supplemented by twenty-one (21) semester hour credits in Professional Planning subjects such as the Principles of Land use Planning, History of City Planning, Planning Project Design, and Planning Law and Administration AND four years of responsible professional experience in Municipal, County, Regional, or State Planning, one year of which shall have included supervisory responsibilities. Possession of a Master’s degree in Planning from an accredited college or university may be substituted for one year of indicated experience. The appellant was found to be below minimum experience requirements. As there were no eligible candidates, the examination was cancelled on February 19, 2022.

Appellant's argumentThe appellant indicated that she possessed the required education, and a Master’s degree in Urban Planning and Policy Development from an accredited college or university. As such, she needed to possess three years of required experience. The appellant listed six positions on her application; provisional Supervising Planner; Open Space Administrator with Delaware Township part- time, 10 hours per week); Farmland and Open Space Administrator with East Amwell Township (part-time, 6 hours per week); Planner with Clarke Caton Hintz; Principal Planner/Zoning Officer with Washington Township; and Conference Manager with the Council for Urban Economic Development. The appellant was credited with nine months of supervisory experience in her provisional position, eight months of prorated general experience for the second position, ten months of prorated general experience for the third position, one year, two months of general experience for the fourth position, and three years, eleven months of general experience for the fifth position. The sixth position was found to be inapplicable. Thus, the appellant was found to be lacking three months of full-time supervisory experience.

On appeal, the appellant provides a narrative description of her experience and states that she meets the minimum requirements.

CONCLUSION

RuleN.J.A.C. 4A:4-2.3(b) provides that applicants shall meet all requirements specified in the open competitive examination announcement by the closing date.

AnalysisInitially, the appellant was correctly denied admittance to the subject examination since she lacked three months of supervisory experience. Her experience in the sixth position was inapplicable. Nonetheless, the examination was cancelled as there were no admitted candidates, the appellant is still serving as a provisional appointee and she has accrued an additional four months of supervisory experience since the November 22, 2021 closing date. Based on the particular circumstances presented, good cause has been established to relax the provisions of N.J.A.C. 4A:4-2.3(b) to accept the appellant’s additional experience beyond the closing date and admit her 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.