Eva Freeman, CSC Docket No. 2022-1931

BackgroundEva Freeman, Samantha Mclennon, and Charlene Ziolkowski appeal the determinations of the Division of Agency Services (Agency Services) that they did not meet the experience requirements for the open competitive examination for Habilitation Plan Coordinator (S0511C), Statewide. These appeals have been consolidated due to common issues presented.

The subject examination’s closing date was October 21, 2021. The education requirement was a Bachelor’s degree in a human services field, which included psychology among other fields. The experience requirements were one year of experience in the care, treatment, rehabilitation of individuals with developmental disabilities in residential or community settings or in case management, analysis, development and implementation of programs for clients with developmental disabilities. A total of 65 individuals applied and 32 were admitted. The list has not promulgated as the test has not been scheduled.

On Freeman’s application, she indicated that she possessed a Bachelor’s degree in Psychology. She also indicated that she was a Cottage Training Supervisor from December 2020 to the October 21, 2021, closing date and a Cottage Training Technician from May 2004 to December 2020. Personnel records indicate that she was a Cottage Training Supervisor from December 2020 to the closing date, a Cottage Training Technician from May 2012 to December 2020, a Senior Therapy Program Assistant from October 2011 to May 2012, a Cottage Training Technician from March 2008 to October 2011, a Human Services Assistant from December 2007 to March

2008, a Cottage Training Technician from September 2005 to December 2007, a Human Services Assistant from August 2004 to September 2005, and a Direct Care AFSCME from May 2004 to August 2004. Agency Services credited her with having met the education requirements, but determined that she lacked one year of experience.

On Mclennon’s application, she indicated that she possessed a Bachelor’s degree in Psychology. She also indicated that she was a Client Services Representative from March 2021 to the October 21, 2021, closing date and a Human Service Aide from January 2010 to March 2021. Personnel records indicate that she was a Client Services Representative from February 2021 to the closing date, a Human Services Assistant from January 2010 to February 2021, and a Direct Care AFSCME from October 2008 to January 2010. Agency Services credited her with having met the education requirements, but determined that she lacked one year of experience.

On Ziolkowski’s application, she indicated that she possessed a Bachelor’s degree in Psychology. She also indicated that she was a Social Worker Trainee from April 2021 to the October 21, 2021, closing date, a Senior Therapy Program Assistant from April 2016 to April 2021, a Retail Associate/Shift Supervisor for Breezin’ Up from May 2006 to June 2018, a Therapy Program Assistant from August 2013 to April 2016, a Therapy Aide from September 2011 to August 2013, and a Human Services Assistant from July 2010 to September 2011. Personnel records also indicate that she was a Direct Care AFSCME from June 2010 to July 2010. Agency Services credited her for having met the education requirements and having seven months of experience based on her service as a Social Worker Trainee, but determined that she lacked five months of experience.

Appellant's argumentOn appeal, Freeman presents that she has 17 years working for the Department of Human Services and a Bachelor’s degree in Psychology and three Associate’s degrees. She states that in addition to meeting the education requirements, she performed the required duties as these duties fell under “other duties” that are not specifically listed in the job specifications for her titles. Freeman indicates that she planned, monitored, coordinated, modified, and implemented programs for individuals. Also, Freeman states that she worked alongside a Senior Therapy Program Assistant and they both performed the required duties. She presents that she is now a Cottage Training Supervisor who supervises staff running programs and she not only evaluates direct care, but the programming for individuals.

Mclennon presents that she has worked as a Human Services Assistant at the New Lisbon Developmental Center for over 11 years providing care, treatment, and rehabilitation to individuals with developmental disabilities. She also indicates that she worked as a Client Services Representative for 11 months, providing service to individuals in need of social services and submits her resumes which describes her duties in more detail.

Ziolkowski presents that she has a Bachelor’s degree in Psychology. She argues that she has more than 11 years of experience in the care, treatment, and rehabilitation of individuals with developmental disabilities while working for the Woodbine Developmental Center, including five years of experience in case management, analysis, development and implementation of programs for clients with developmental disabilities. Ziolowski asserts that she gained experience working closely with individuals with developmental disabilities as a Human Services Assistant, a Therapy Aide, a Therapy Program Assistant, a Senior Therapy Program Assistant, and as a Social Worker Trainee. She describes in detail her duties to demonstrate how she performed the required duties in these titles.

CONCLUSION

RuleN.J.A.C. 4A:4-2.5(a) provides that a professional title requires a Bachelor’s or higher level degree, with or without a clause to substitute experience for education.

N.J.A.C. 4A:4-2.3(b) provides that applicants shall meet all requirements specified in the open competitive 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, other than Ziolkowski’s seven months of experience as a Social Worker Trainee, the appellants’ service was in non-professional level titles. However, the subject examination required a Bachelor’s degree, which indicates that professional level experience was required. Therefore, while the appellants may have had some involvement in performing the required duties while serving in non- professional titles, their experience was not applicable as it was not at the level and scope required for the subject examination. See In the Matter of Mirian Vargas (CSC, decided April 19, 2017). Moreover, even if it were applicable, none of the appellants have demonstrated that the primary focus of any of their positions, other than Ziolkowski’s current position, entailed full-time duties applicable to the title under test. To be considered applicable, experience 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).

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.