Brian Anthony, CSC Docket No. 2022-3057

BackgroundBrian Anthony appeals the determination of the Division of Agency Services (Agency Services) that he did not meet the experience requirements for the promotional examination for Storekeeper 1 (PS7184U), Department of the Treasury.

The subject examination’s closing date was November 22, 2021. The experience requirements were one year of work involving receiving, storing, safeguarding, and recording parts, materials and supplies of varied types in an organized store room. A total of four employees applied and all were determined ineligible. Therefore, the examination was cancelled due to a lack of qualified candidates.

On the appellant’s application, he did not indicate any experience. Personnel records indicate that the appellant was provisionally serving in the subject title from March 2021 to the closing date, and a Helper from January 2019 to March 2021. Agency Services determined that he lacked one year of experience.

Appellant's argumentOn appeal, the appellant describes in detail how he has performed the required duties during both his provisional service in the subject title and as a Helper.

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:4-2.1(f) provides that an applicant may amend a previously submitted application only prior to the announced 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 determined that the appellant was not eligible as he did not present any experience on his application. However, the appellant describes on appeal how he has performed the required duties since January 2019 while either provisionally serving in the subject title or as a Helper. The Commission’s review of this experience finds that it is, indeed, applicable to the subject announcement. Although N.J.A.C. 4A:4-2.1(f) proscribes the amendment of an application after the closing date set in the announcement, the circumstances present in this matter provide good cause to permit the appellant to amend his application. Specifically, the list was cancelled due to a lack of qualified candidates and the appellant continues to provisionally serve in the subject title. Further, the Commission notes that the dual purpose of the Civil Service system is to ensure efficient public service for State and local governments and to provide appointment and advancement opportunities to Civil Service employees based on their merit and abilities. These interests are best served when more, rather than fewer, individuals are presented with employment opportunities. See Communications Workers of America v. New Jersey Department of Personnel, 154 N.J. 121 (1998). Therefore, the Commission finds good cause under N.J.A.C. 4A:1-1.2(c) to relax the provisions of N.J.A.C. 4A:4-2.1(f) to accept his amended experience, for eligibility purposes only, and admit him to the subject examination.

The Commission cautions the appellant that, in the future, he should ensure that any applications are fully and completely filled out as his failure to do so will be cause for rejection from the selection process. This determination is limited to the instant matter and does not provide precedent in any other matter.

ORDER

Therefore, it is ordered that the appeal be granted, the cancellation of the examination be rescinded, 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.