Samora Williams, CSC Docket No. 2022-2271

BackgroundSamora Williams appeals the determination of the Division of Agency Services (Agency Services) that he did not meet the experience requirements for the open competitive examination for Community Relations Specialist (M0642C), Jersey City.

The subject examination’s closing date was November 22, 2021. The experience requirements were two years of experience in community relations or community organization work concerning intergroup relations and/or experience in field work in any social welfare program. A total of five employees applied and all five were determined ineligible. Therefore, the examination was cancelled due to a lack of qualified candidates.

On the appellant’s application, he indicated that he had a six-hour per week Internship as a Community Organizer/Programs in the Jersey City Free Public Library from September 2004 to December 2012. However, he did not list the duties he performed and did not include any other experience. Personnel records indicate that the appellant was provisionally serving in the subject title from April 6, 2020, to the closing date. Agency Services did not credit the appellant with any experience.

Appellant's argumentOn appeal, the appellant presents that he has been employed by the appointing authority since April 2020. He explains how as a Community Relations Specialist he has served as the Supervisor for the Community Awareness Services (CAS) cultural arts department. Additionally, the appellant indicates that his role in the position was to plan and coordinate cultural arts presentations, educational/informational workshops, and forums, and to provide outreach programming which included: schools, special needs facilities, senior centers, veteran etc. Furthermore, as in Intern he states he performed the same duties in the very same department of which he is now a supervisor.

CONCLUSION

RuleN.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- 2.1(f) provides that an applicant may amend a previously submitted application only prior to the announced closing date. N.J.A.C. 4A:1-1.2(c) states that the Civil Service Commission (Commission) may relax a rule for good cause in order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisInitially, Agency Services correctly determined that the appellant was not eligible as he only listed his internship in the subject title on his application. However, on appeal, the appellant describes how he performed the required duties as an intern, and as a provisional employee since April 2020. Although N.J.A.C. 4A:4- 2.1(f) proscribes the amendment of an application after the closing date set in the announcement, the circumstances present in this matter provide good cause to permit the appellant to amend his application. Specifically, the examination was cancelled due to a lack of qualified candidates and the appellant continues to successful serve in the subject title. Further, the Commission notes that the dual purpose of the Civil Service system is to ensure efficient public service for State and local governments and to provide appointment and advancement opportunities to Civil Service employees based on their merit and abilities. These interests are best served when more, rather than fewer, individuals are presented with employment opportunities. See Communications Workers of America v. New Jersey Department of Personnel, 154 N.J. 121 (1998). In this regard, the Commission finds that the appellant has demonstrated that he has the required experience for the subject title by the closing date,1 which, based on the circumstances presented, warrants his admission to the subject examination. Accordingly, good cause is established to relax the provisions of N.J.A.C. 4A:4-2.1(f) and admit the appellant.

The Commission cautions the appellant that, in the future, he should ensure that any applications are fully and completely filled out as his failure to do so will be cause for rejection from the selection process. This determination is limited to the instant matter and does not provide precedent in any other matter.

ORDER

1 The appellant’s internship experience was for six hours per week for 414 weeks, which is the equivalent of one year and three months of applicable full-time experience.

Therefore, it is ordered that the appeal be granted, the cancellation of the examination announcement be rescinded, and the appellant’s application 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.