Jack Huang, CSC Docket No. 2022-3030

BackgroundJack Huang 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 (PS7030K), Department of Human Services.

The promotional examination was announced with specific requirements which had to be satisfied by the November 22, 2021, closing date. The requirements were possession of Bachelor’s degree from an accredited college or university, and two years of experience 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 shall have involved responsibility for some aspect of contract/grant administration. It was noted that a Master’s degree in Accounting, Finance, Business Administration, Public Health, Public Administration, Hospital Administration or Social Work could have been substituted for one year of basic experience, but not for the required one year of experience involving some aspect of contract/grant administration. Four candidates applied for the subject examination, and two were found eligible. One certification (PS220520) was issued, and one appointment was made.

The appellant listed on the employment application that he possesses a Bachelor’s degree, and that he served as an Administrative Analyst1 from September

1 Personnel records reflect that the appellant served as an Analyst Trainee from September 6, 2016 6o

September 1, 2017, and as a Fiscal Analyst from September 2, 2017 to February 26, 2021, and as a provisional Contract Administrator from February 27, 2021 to the November 22, 2021 closing date.

2016 to the November 2021 closing date. Agency Services credited the appellant for his Bachelor’s degree, but it did not find any of his other experience applicable. Accordingly, Agency Services determined that the appellant was ineligible for the examination.

Appellant's argumentOn appeal, the appellant asserts that his experience is sufficient to qualify him for the examination. In support, the appellant provides a letter from Gregory J. Krol, Manager, Office of Procurement, who states that the appellant was provisionally appointed to the subject title effective February 27, 2021, and his duties include procurement work, analyzing market values, completing IT/Computer assignments, working with the unit’s Accounting System, completing contract review, making purchases, finalizing global and standard waivers, authorizing approvals, reviewing proposals, compiling data and analyzing information, maintaining files, and submitting reports.

It is noted 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 properly did not credit the appellant with any applicable experience based on the information on his application. Although the appellant’s experience as an Analyst Trainee and Fiscal Analyst does not precisely mirror the required experience, the Commission is satisfied that sufficient aspects of that experience are substantially similar with what is required and can be credited. Additionally, the appellant continues to serve provisionally in the title under test and has accrued an additional eight months of applicable experience after the closing date. Moreover, the examination is not competitive, as only two applicants were admitted to the subject examination. 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 work experience as a Fiscal Analyst and provisional 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

Therefore, it is ordered that this appeal be granted, and the appellant be admitted to the examination for prospective employment opportunities only.

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