Tammy Holmes, CSC Docket No. 2022-3160

BackgroundTammy Holmes appeals the determination of the Division of Agency Services (Agency Services) which found that she did not meet the minimum requirements in experience for the open-competitive examination for Supervisor of Nurses (C0448D), Hudson County.

The subject examination had a closing date of April 21, 2022 and was open to candidates who, in pertinent part, possessed three years of experience as a registered professional nurse, one year of which shall have included the supervision of direct care nursing staff, and possession of a current, valid registration as a Professional Nurse in the State of New Jersey. Five candidates appear on the eligible list, which has been certified once, but no appointments have yet been made. Four provisional incumbents, including the appellant, remain.

On her application, the appellant indicated that she possessed a registration as a Professional Nurse in the State of New Jersey, and she listed one position on her application: “Nurse Supervisor” from February 2020 to April 2022, and did not upload or submit a resume. Agency Services credited the appellant with two years, three months of experience for the one position on her application, and she was found to be lacking nine months of required experience.

Appellant's argumentOn appeal, the appellant states that she has been a professional Registered Nurse for 32 years and she provides a resume with 12 positions not originally submitted.

CONCLUSION

RuleN.J.A.C. 4A:4-2.3(b) provides that applicants shall meet all requirements specified in the open competitive examination announcement by the closing date. N.J.A.C. 4A:4-2.1(f) provides that an application may only be amended 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 particular situations, on notice to affected parties, in order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisA review of the appellant’s application reveals that Agency Service’s initial rejection of the appellant to the subject examination was correct. In this regard, the appellant listed one position on her application, and was credited for all the experience that she submitted. On appeal, the appellant provides 12 additional positions, the first of which, Clinical Nursing Supervisor, is applicable, and which the appellant held for over 12 years. However, the list has five eligibles, and there are four provisional incumbents in the subject title. Thus, the Commission anticipates that the list will be incomplete, and the appellant has been serving as a provisional appointee since February 2020. Based on the circumstances presented, good cause has been established to relax the provisions of N.J.A.C. 4A:4-2.1(f) to accept the appellant’s amendment to her application on appeal and admit her to the examination for prospective appointment consideration.

For any future positions in which she might be interested, the appellant is cautioned that she should complete her application and provide all requested information. Given this information, which establishes the applicability of her experience, it is appropriate to accept that experience, for eligibility purposes only, and admit the appellant 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.