Eugene Joseph, CSC Docket No. 2022-3060

BackgroundEugene Joseph appeals the determination of the Division of Agency Services (Agency Services) that he did not meet the experience requirement for the promotional examination for Secretarial Assistant 2, Non-Stenographic (PS7200E), Department of Military and Veterans Affairs.

The promotional examination was announced with specific requirements which had to be satisfied by the December 21, 2021 closing date. Specifically, the announcement was open to candidates serving as a Secretarial Assistant 1, Non- Stengraphic, or to employees who possessed four years of experience in secretarial and administrative clerical work. It was noted that successful completion of a clerical training program with a minimum of 700 classroom training hours or 30 semester hour credits in secretarial science from an accredited college or university could have been substituted for one year of the above listed experience. The examination was canceled on June 3, 2022, as the appellant, the only applicant, was found ineligible for the examination.

The appellant listed on his application that he served provisionally in the subject title from October 2020 to the December 2021 closing date; as a Senior Clerk from July 2018 to October 2020; and as an Administrative Assistant from October 2016 to July 2018. Agency Services credited the appellant with one year and two months of applicable experience for his provisional service in the subject title. However, it did not credit him with any other applicable experience. Accordingly,

Agency Services determined that the appellant was ineligible for the examination, as he lacked two years and 10 months of applicable experience.

Appellant's argumentOn appeal, the appellant asserts, among other things, that he 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 Senior Clerk and as an Administrative Assistant does not precisely mirror the required experience, the Commission is satisfied that the totality of his experience, including his provisional experience after the closing date, satisfies the announced requirements. Given that the appellant possesses experience involving secretarial and administrative clerical work, such experience clearly qualifies him for the examination. Additionally, the appellant continues to serve provisionally in the title under test and 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 work experience as a Senior Clerk and as an Administrative Assistant, 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, 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.