Christopher Gallo, CSC Docket No. 2022-2552

BackgroundChristopher Gallo appeals the determination of the Division of Agency Services (Agency Services) which found that he did not meet the experience requirements for the promotional examination for Building Management Services Specialist 1 (PC4784C), Cumberland County.

The examination at issue was announced with experience requirements which had to be met as of the announced November 22, 2021 closing date. Specifically, all applicants had to possess a Bachelor’s degree from an accredited college or university plus one year of experience in the coordination and/or implementation of building management programs including building/property operations analysis, program development, organizational and/or fiscal planning, and/or cost efficiency programs, special building service programs, security, or a related field. The examination announcement also stipulated that applicants who did not possess the required education could substitute experience as indicated above on a year-for-year basis with 30 semester credit hours being equal to one year of experience. Additionally, a Master’s degree in Business Administration, Public Administration, or closely related area could be substituted for one year of the experience. Records indicate that the subject promotional examination was cancelled on April 14, 2022, due to a lack of qualified applicants.

The appellant filed an application on which he indicated that he possessed a completed Bachelor’s degree, plus experience as a provisional Building Management

Services Specialist 1 (May 2021 to the closing date) and Senior Engineering Aide (June 2015 to April 2021). Agency Services concluded that, as of the closing date, the appellant only possessed seven months of applicable experience as a provisional Building Management Services Specialist 1. The appellant’s position as Senior Engineering Aide did not involve responsibilities in any of the required areas. As a result, the Agency Services found the appellant ineligible for the subject promotional examination.

Appellant's argumentOn appeal, the appellant asserts that he satisfies the subject requirements. The appellant claims that, as a provisional Building Management Services Specialist 1, he has been managing capital projects, building and property fiscal planning, and preventative maintenance. The appellant further asserts that that he is qualified for the subject promotional examination due to his five years of experience as a Senior Engineering Aide but fails to indicate how this experience is relevant.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a) provides that applicants shall meet all requirements specified in the examination announcement by the closing date. N.J.A.C. 4A:1-1.2(c) provides that the Civil Service Commission (Commission) may relax a rule for good cause, in a particular circumstance, in order to effectuate the purposes of Title 11A of the New Jersey Statutes Annotated. N.J.A.C. 4A:4-6.3(b) provides that, except for medical or psychological disqualification appeals, the appellant shall have the burden of proof.

AnalysisAs of the closing date, the appellant possessed a Bachelor’s degree and seven months of applicable experience as a provisional Building Management Services Specialist 1. The appellant needed a total of five additional months of experience as of the closing date to satisfy the subject requirements. Although on appeal the appellant asserts that his experience as a Senior Engineering Aide should qualify him, the responsibilities of this title involve performing the more difficult field and office work involved in surveying work, which is not applicable duties for the subject title. Therefore, he was correctly deemed ineligible for the subject promotional examination.

However, in the instant matter, the Commission notes that the appellant continues to successfully serve as a provisional in the subject position, giving him in excess of the five months of experience he lacks. Additionally, the promotional examination was cancelled due to a lack of qualified applicants. Therefore, this is not a competitive situation. Under these circumstances, the Commission accepts the appellant’s experience gained after the closing date as a provisional Building Management Services Specialist 1, for eligibility purposes only, which will allow him the opportunity to be tested and be considered for a permanent appointment to the subject title.

ORDER

Therefore, it is ordered that this appeal be granted, the examination cancellation be rescinded, and the appellant’s application be processed as soon as possible.

ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.