Ashlee Lynch, CSC Docket No. 2022-2766

BackgroundAshlee Lynch appeals the determination of the Division of Agency Services (Agency Services) that she did not meet the experience requirement for the promotional examination for Administrative Assistant 2 (PS6712P), Department of Law and Public Safety.

The subject examination was announced with specific requirements that had to be met as of the October 21, 2021 closing date. The requirements were graduation from an accredited college or university with a Bachelor’s degree, and two years of experience in a business or government agency providing administrative support services and/or coordinating work activities. It was noted that applicants who did not possess the required education could have substituted, in addition to the experience noted above, applicable experience on a year for year basis, with 30 semester hour credits being equal to one year of experience. Two applicants applied for the subject examination and one eligible was admitted. The examination has not yet been scheduled.

A review of the appellant’s application and resume reveals that she possesses a Bachelor’s degree. Agency Services credited the appellant for her education. The appellant also listed that she served provisionally in the subject title from September 2021 to the October 2021 closing date, as a Legal Secretary 2 from December 2017 to

September 2021, and as a Judge’s Secretary from March 2016 to December 2017. 1 The appellant also indicated that she worked as a Legal Secretary from August 2014 to March 2016, as a Foreclosure Paralegal from September 2012 to August 2014, as a Bankruptcy Paralegal from June 2010 to September 2012, and as an Administrative Assistant from June 2004 to August 2010. Agency Services credited the appellant with two months of applicable experience for her provisional service in the subject title. However, it did not credit her with any other applicable experience. Accordingly, Agency Services determined that the appellant was ineligible for the subject examination, as she lacked one year and 10 months of applicable experience.

Appellant's argumentOn appeal, the appellant maintains that her duties as a Legal Secretary 2 included providing administrative support to three Deputy Attorneys General; answering telephone calls and taking messages; conducting follow up for assignments; responding to inquiries; scheduling court cases; uploading legal briefs into the computer system; and completing the administrative processing of cases. The appellant adds that her duties as a Judge’s Secretary included providing administrative support for the Judge; responding to litigants; assisting litigants with easier methods of filing documents; coordinating work-related activities, answering telephones; transcribing dictation; and scheduling meetings and hearings.

BackgroundOfficial personnel 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 promotional 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. Under N.J.A.C. 4A:4-2.1(g), the Commission can accept clarifying information in eligibility appeals.

AnalysisInitially, it is noted that Agency Services correctly credited the appellant with two months of applicable experience for her provisional service in the subject title, as the primary focus of her duties for the other positions listed on her application and resume were not in a business or government agency providing administrative support services and/or coordinating work activities. On appeal, the appellant clarifies that she provided administrative support services and coordinated work activities while serving as a Legal Secretary 2, Judiciary Clerk 2, and as a Legal Secretary. Although the primary focus of the appellant’s duties as described in those titles do not precisely mirror the requirements as listed in the announcement, the

1 Official personnel records reflect that the appellant served as a Judiciary Clerk 2 from July 2017 to

December 2017, as an Administrative Support TES employee from March 2017 to July 2017, and as a Judge’s Secretary 1 from March 2016 to March 2017.

Commission is satisfied that the appellant performed sufficient applicable duties while serving as a Legal Secretary 2, as a Judiciary Clerk 2, and as a Legal Secretary. Additionally, the Commission notes that the appellant continues to serve provisionally in the title under test and has accrued an additional seven months of applicable experience since the closing date. Moreover, the examination is not competitive as there is only one other eligible that appears on the subject list. Under these circumstances, the appellant’s experience in those titles should be credited, for eligibility purposes only, and she should be admitted to the examination.

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.