Karen Luchenburg, CSC Docket No. 2022-3291

BackgroundKaren Luchenburg appeals the determination of the Division of Agency Services (Agency Services) which found that she did not meet the experience requirements, per the substitutional clause of education, for the promotional examination for Program Specialist 1 Social/Human Services (PS6930H), Department of Health.

The subject examination announcement was issued with a closing date of November 22, 2021, and was open to employees in the competitive division who were serving in any competitive title and who met the announced requirements. These requirements included graduation from an accredited college or university with a Bachelor’s degree, and and one year of experience in planning, monitoring, coordinating, implementing, modifying and/or evaluating a social or human services program. Applicants who did not possess the required education could substitute additional experience on a year-for-year basis with 30 semester hour credits being equal to one year of experience. The appellant was found to be below minimum requirements in experience per the substitution clause for education. Two candidates were on the eligible list, which was certified once, and both have been appointed.

The appellant has been provisionally appointed and does not possess a Bachelor’s degree. She possesses 100 college credits, which prorates to three years, four months of experience, and one year, four months of experience in her provisional position. She was found to be lacking four months of experience per the substitution clause for education.

Appellant's argumentThe appellant indicated experience in the following State titles, none of which was accepted: Secretarial Assistant 1 Non-Stenographic, Senior Clerk Transcriber, and Nursing Services Clerk. She also submits positions as Treasurer with CWA Local 1040 and Shift Manager/Program Specialist with Orange Julius. On appeal, she argues that her experience is applicable and should be accepted.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a) provides that applicants shall meet all requirements specified in the promotional examination announcement by the closing date. N.J.A.C. 4A:1-1.2(c) states that the Civil Service 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.

AnalysisInitially, the appellant was correctly found ineligible for the subject examination. Her college credits prorated to three years, four months of experience, and she was credited with one year, four months for her provisional position. However, the remainder of her positions were inapplicable as they did not have professional work in planning, monitoring, coordinating, implementing, modifying and/or evaluating a social or human services program as the primary focus. It is unclear how her as Shift Manager/Program Specialist with Orange Julius involved a program. Nonetheless, the eligible list is incomplete, the appellant continues to serve provisionally in the title under test, and she has accrued over the required four months of experience since the November 22, 2021 closing date. Based on the circumstances presented, good cause has been established to relax the provisions of N.J.A.C. 4A:4-2.6(a) to accept the appellant’s additional provisional experience beyond the closing date, for eligibility purposes only, and admit her to the examination for prospective appointment opportunities.

ORDER

Therefore, it is ordered that this appeal be granted, 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.