Tisha Finney, CSC Docket No. 2022-2451

BackgroundTisha Finney appeals the determination of the Division of Agency Services (Agency Services) that she does not meet the experience requirements for the promotional examination for Personnel Assistant 3 (PS6912E), Department of Military and Veterans Affairs.

The subject examination announcement was issued with a closing date of November 22, 2021, and was open to employees in the competitive division who had an aggregate of one year of continuous permanent service as of the closing date in the title Personnel Assistant 4 or to employees in the competitive division who had an aggregate of one year of continuous permanent service as of the closing date in any competitive title and who met the announced requirements. The requirements included graduation from an accredited college or university with a Bachelor’s degree, and two years of technical experience in a personnel program of a public or private organization. A Master’s degree in business administration, personnel administration, public administration, management, or other related field may be substituted for one year of the indicated experience. The appellant was found to be below minimum requirements in experience. There were two admitted applicants, and the list containing those two applicants promulgated on March 31, 2022. No appointments have yet been made.1

On her application, the appellant indicated that she possessed a Bachelor’s degree. As such, she was found to have met the educational requirement. On her 1 It is noted that the two applicants, along with the appellant, are all serving provisionally in the title.

application and resume, she listed experience in seven positions: provisional Personnel Assistant 3; Business Analyst 1; Auditor Accountant Trainee; Site Manager with United Way of Mercer County; Data Entry Machine Operator (part- time, 20 hours per week); Business Office Manager with Interim Healthcare of NJ; and Payroll and Billing Specialist with Interim Healthcare of NJ. The appellant was credited with one year, one month of experience, and was found to be lacking eleven months of applicable experience.

Appellant's argumentOn appeal, the appellant states that she accrued applicable experience as a Payroll and Billing Specialist and Business Office Manager with Interim Healthcare of NJ. She states that she drafted job vacancy notices, reviewed resumes, scheduled qualified applicants for interviews, assisted in candidate selection by interview, conducted job training, verified licenses, conducted internal drug testing, administered written tests, provided employee orientation and onboarding, maintained employee files, prepared payrolls, checked references, and generated reports.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a) provides that applicants shall meet all requirements specified in the promotional examination announcement by the 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 particular situations, on notice to affected parties, in order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisThe appellant was denied admittance to the subject examination since she lacked the minimum requirements in experience. The appellant was credited with experience in her provisional position, but her remaining experience was found to not have technical experience in a personnel program as a primary focus. A review of the appellant’s application and resume confirms this determination. The appellant’s positions with Interim Healthcare of NJ were not in a personnel program. Payroll and billing functions are not within the purview of personnel, but are associated with a financial or accounting department. Additionally, this experience is bookkeeping, and is considered to be at the clerical level, not the technical level. As such, it is not at the level of the announced experience requirement.

As a Business Office Manager, the appellant stated that she managed daily business operations with seven direct subordinates and 12 indirect subordinates, provided bookkeeping functions, conducted regulatory chart audits to ensure compliance with regulations, prepared financial and statistical reports, composed correspondence, administered payroll and made adjustments to pay, performed human resource related functions such as those listed above, and provided after hours support regarding scheduling and client plans of care. While the appellant performed some technical personnel work, such as assisting in the selection of qualified candidates, and providing orientation and onboarding assistance, this was not the primary focus of the position and was not conducted in a personnel program. The appellant’s remaining positions were not in a personnel program as well. Regardless, it cannot be ignored that the eligible list is incomplete, and the appellant continues to serve as a provisional in the subject title. Moreover, while her prior positions were not in a personnel program, she did perform a significant amount of applicable duties. The Commission notes that the dual purpose of the Civil Service system is to ensure efficient public service for State and local governments and 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. Accordingly, the Commission is satisfied that, based on the totality of the appellant’s experience, there is good cause to relax the provisions of N.J.A.C. 4A:4-2.6(a) and admit the appellant to the examination.

This determination is limited to the instant matter and does not provide precedent in any other matter.

ORDER

Therefore, it is ordered that this appeal be granted 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.