Kevin Holly and Luis Ramos, CSC Docket No. 2022-1895, 2022-1930

BackgroundKevin Holly and Luis Ramos appeal the decision of the Division of Agency Services that they do not meet the experience requirements for the promotional examination for the dual title Truck Driver Heavy/Road Repairer 1 (PM4433C), Woodbridge. A dual title is a title that combines two separate titles into one classification; applicants need to meet the minimum requirements of both titles in order to be declared eligible. These appeals have been consolidated due to common issues presented by the appellants.

The subject promotional examination announcement was issued with a closing date of September 21, 2021 and was open to employees in the non- competitive division who had an aggregate of one year of continuous permanent service as of the closing date in the title Truck Driver Heavy and who met the announced requirements, OR to employees in the competitive division who had an aggregate of one year of continuous permanent service and who met the announced requirements. These requirements included one year of experience in driving a truck with tandem/dual rear axles and auxiliary equipment such as snow plow, salt spreader, power take-off, winch, and lift body AND one year of experience in the cleaning, maintenance, and repair of roads or streets which may include work involving the installation and maintenance of traffic lines and signs, or one year of experience as a laborer in a public works department. The appellants were found to be below minimum requirements in experience. The eligible list of two candidates has been certified, but no appointments have yet been made.

Holly listed experience in one position on his application, Truck Driver Heavy/ Road Repair from November 1992 to September 2021. Official records indicate a very different employment history. These records indicate that the appellant was not a provisional in the title, but was a Truck Driver Heavy from September 2020 to the closing date; a Maintenance Repairer from March 2019 to September 2020; a Traffic Safety Coordinator from March 2000 to March 2019; and a Special Law Enforcement Office from September 1993 to March 2000. Holly was credited with one year for the Truck Driver Heavy requirement, and was found to be lacking one year of experience for the Road Repairer 1 title.

On his application, Ramos listed one position, Truck Driver from August 2005 to September 2021. Again, Official records indicate a very different employment history. These records indicate that this appellant was a Truck Driver Heavy from March 2018 to the closing date; a Truck Driver from April 2012 to March 2018; and a Laborer 1 from August 2005 to April 2012. For duties for his one position, the appellant indicated he was, “Transporting materials from different locations.” As of this experience was considered inapplicable, the appellant was found to lack two years of experience.

On appeal, Holly provides a long list of trucks and equipment that he has operated and maintained, and states that he has over a year of experience driving heavy trucks. He also provides some other duties which he does not associate with any title or time period. Ramos explains his experience driving and maintaining trucks, including dump trucks, bucket trucks, the Sani Vac for cleaning sewers, rollers and roll off trucks.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a)2 states that applicants for promotional examinations must meet all requirements by the announced closing date.

AnalysisAt the outset, it must be noted that the directions for the employment record section of the application state, “If you do not properly complete your application you may be declared ineligible or you may not receive proper credit for scoring purposes,” and, “Since your application may be your only ‘test paper,’ be sure it is complete and accurate. Failure to complete your application properly may cause you to be declared ineligible, lower your score, or possibly cause you to fail.” The appellants did not properly complete their applications. Neither listed each position separately, with separate duties. As a result, they were found to be ineligible. A dual title is a title that combines two separate titles into one classification, created by the Civil Service Commission to meet the needs of the appointing authority when they do not have enough duties for two different full- time positions and they wish to have the same person perform both functions. Holly possessed the required experience for Truck Driver Heavy. Ramos indicated on appeal, although not on his application, that he possessed this experience as well.

Nonetheless, neither appellant has provided duties for the Road Repairer 1 experience requirement. Additionally, the official record for Holly does not establish that he was in a title in which he could have gained such experience. For promotional examination purposes, experience is considered only if it is gained in a recognized type of appointment. Ramos held the title Laborer, but did not list this position either on his application or on appeal, and provided no duties associated with that position.

An independent review of all material presented indicates that the decisions of the Division of Agency Services that the appellants did not meet the announced requirements for eligibility by the closing date are amply supported by the record. The appellants provide no basis to disturb these decisions. Thus, the appellants have failed to support their burden of proof in these matters.

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.