Eric Barnett, CSC Docket No. 2022-2559

BackgroundEric Barnett appeals the determination of the Division of Agency Services (Agency Services) that he did not meet the experience requirement for the promotional examination for Contract Administrator 1 (PS6732T), Department of Transportation.

The promotional examination was announced with specific requirements which had to be satisfied by the October 21, 2021, closing date. The requirements, in relevant part, were possession of a Bachelor’s degree, and two years of experience in work involving contract/grant work, project financing, construction management, fiscal administration, social service administration, and/or budget and management operations of a government or business entity, at least one year of which involved responsibility for some aspect of contract/grant administration. It was noted that a Master’s degree from an accredited college or university in Accounting, Finance, Business Administration, Public Health, Public Administration, Hospital Administration or Social Work could have been substituted for one year of the above listed experience. A total of seven eligible applied, and two were admitted to the examination, which was held on October 27, 2022.

On his application and resume, the appellant indicated that he possessed a Master’s degree in Business Administration. As such, Agency Services credited him with one year of applicable general experience pursuant to the substitution clause as noted above. The appellant also indicated that he served as a provisional Contract Administrator 1 from March 2021 to the October 2021 closing date; as an Administrative Analyst 3 from February 2018 to March 2021; and as an

Administrative Analyst 1 from June 2015 to February 2018.1 Agency Services credited the appellant with eight months of applicable general and specialized experience for his provisional service in the subject title; and with five years and nine months of applicable general experience for the remainder of his listed experience. However, Agency Services did not credit him with any other applicable specialized experience. Accordingly, Agency Services determined that the appellant was not eligible for the subject examination as he lacked four months of applicable specialized experience.

Appellant's argumentOn appeal, the appellant asserts, among other things, that he should be admitted to the subject examination as he now possesses sufficient experience in the subject title.

BackgroundAgency records indicate that the appellant continues to serve provisionally in the subject title.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a) provides that applicants shall meet all requirements specified in the 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 order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisInitially, Agency Services correctly credited the appellant with one year of experience for his Master’s degree, eight months of applicable general and specialized experience for his provisional service in the subject title; and five years and nine months of applicable general experience for the remainder of his listed experience. However, the record reflects that the appellant continues to serve provisionally in the subject title, and as such, has gained an additional year of applicable general and specialized experience since the closing date. Moreover, the examination is not competitive, as only two applicants were admitted to the subject examination, and therefore, any list that results would be incomplete. Under these circumstances, good cause exists to relax the provisions of N.J.A.C. 4A:4-2.6(a) and accept the appellant’s provisional experience in the subject title gained after the closing date, for eligibility purposes only, and admit him to the examination. This determination is limited to the particular circumstances presented, and may not be used as precedent in any future matter.

ORDER

1 Agency records reflect that the appellant served provisionally in the subject title from March 2021 to

October 2021; as an Administrative Analyst 1 from July 2020 to March 2021; as an Administrative Analyst 3 from February 2018 to July 2020; as an Administrative Analyst 1 from June 2016 to February 2018; and as an Analyst Trainee from June 2015 to June 2016.

Therefore, it is ordered that this appeal be granted, the appellant’s application be processed, and he be scheduled for a make-up examination as soon as possible. Further, if the appellant receives a passing score on the examination, his name shall be added to the subject list for prospective employment opportunities.

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