Paula Abbato, CSC Docket No. 2022-2804

BackgroundPaula Abbato appeals the determination of the Division of Agency Services (Agency Services) that she did not meet the experience requirement for the promotional examination for Principal Purchasing Assistant (PC3731D), Ocean County.

The promotional examination was announced with specific requirements which had to be satisfied by the February 22, 2022 closing date. Specifically, the announcement was open, in part, to employees who possessed three years of experience in the preparation and processing of requisitions and/or in the purchase of equipment, materials and/or supplies. The examination was canceled on May 8, 2022, as the appellant, the only applicant, was found ineligible for the examination.

The appellant listed on her application and resume that she served provisionally in the subject title from August 2021 to the February 2022 closing date; as a Keyboarding Clerk 3 from June 2016 to August 2021; as a Keyboarding Clerk 2 from October 2013 to June 2016; and as a Keyboarding Clerk 1 from February 2007 to October 2013. Agency Services credited the appellant with seven 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 examination, as she lacked two years and five months of applicable experience.

Appellant's argumentOn appeal, the appellant asserts, among other things, that since 2007, she has been performing applicable duties relevant to the subject title, and as such, she possesses sufficient experience to qualify for the subject examination,

BackgroundAgency records reveal 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.

AnalysisIn the present matter, although the appellant’s experience as a Keyboarding Clerk 1, Keyboarding Clerk 2, and Keyboarding Clerk 3 does not precisely mirror the required experience, the Commission is satisfied that the totality of her experience, including her provisional experience after the closing date, satisfies the announced requirements. In this regard, while none of the required duties were the primary focus of her Keyboarding Clerk titles, she performed many applicable duties throughout her years in those titles. Given that the appellant possesses such experience involving the preparation and processing of requisitions and/or in the purchase of equipment, materials and/or supplies, she should be deemed eligible for the examination. Additionally, the situation is not competitive as the examination was canceled due to a lack of applicants. 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 relevant work experience as a Keyboarding Clerk 1, Keyboarding Clerk 2 and Keyboarding Clerk 3, and provisional experience in the subject title gained after the closing date, for eligibility purposes only, and admit her to the examination. This determination is limited to the particular circumstances presented, and may not be used as precedent in any future matter.

ORDER

Therefore, it is ordered that this appeal be granted, the cancelation of the examination be rescinded, and the appellant’s application be processed.

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