Akashdeep Hundal, CSC Docket No. 2022-434

BackgroundAkashdeep Hundal appeals the determination of the Division of Agency Services (Agency Services) that he did not meet the experience requirements for the open competitive examination for Principal Technician, Management Information Systems (C0726B), Sussex County.

The subject examination’s closing date was December 21, 2020. The education requirements were a Bachelor’s degree. The experience requirements were two years of experience utilizing or implementing electronic information systems, analyzing information systems and/or developing procedures for the use of information systems, or providing user support and solving user problems in a help desk or related environment. Applicants who did not possess the required education could substitute additional experience on a year-for-year basis. Further, a Bachelor’s degree in a computer-related area could substitute for one year of the experience. Also, a Master’s degree in a computer-related area could substitute for two years of the experience. Additionally, 24 credits in data processing from an accredited college could substitute for two years of the education requirement. A total of 10 employees applied and eight were found eligible. Certification OL210722 was issued containing the names of the eight eligibles, and its disposition is due November 11, 2021. It is noted that there are currently two employees provisionally serving in the subject title, the appellant and one of the eligibles whose name is on certification OL210722. The list expires on August 11, 2024.

On his application, the appellant indicated that he had a Bachelor’s degree in Information Technology Management. He also indicated that he was an Emergency Medical Technician for Patriot Care Medical Transport from July 2017 to June 2019. Personnel records also indicate that he was provisionally serving in the subject title from September 2020 to the December 21, 2020 closing date. Agency Services credited him for having met the education requirement and having one year of experience by substituting his Information Technology Management degree, which is a computer related degree, for one year of experience, but determined that he lacked one year of experience.

Appellant's argumentOn appeal, the appellant acknowledges that he did not meet the subject examination requirements as of the December 21, 2020 closing date since his provisional service in the subject title was his first full-time employment in his field as he just recently graduated college with an Information Technology Management degree. He presents that he was a Help Desk Intern for three months at Peapack- Gladstone Bank. Therefore, the appellant asserts that his Information Technology Management degree and internship provided him 15 months of the 24 months of required experience by the closing date. He indicates that since he now been working for the appointing authority for over a year, he now has 27 months of experience, which is more than required. The appellant describes his duties in detail during his internship and his provisional service in the subject title.

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.

AnalysisUnder N.J.A.C. 4A:4-2.1(g), the Civil Service Commission (Commission) can accept clarifying information in eligibility appeals. However, N.J.A.C. 4A:4-2.1(f) provides that an application may only be amended prior to the announced closing date. For example, information submitted on appeal pertaining to duties in a given position that expands or enlarges information previously submitted is considered clarifying and is accepted. However, any documentation indicating work in a setting that was not previously listed on an application or resume cannot be considered after the closing date. Thus, the Commission can only consider information provided on appeal regarding the positions listed on the appellant’s original application. See In the Matter of Diana Begley (MSB, decided November 17, 2004).

RuleN.J.A.C. 4A:4-6.3(b) provides, in pertinent part, that the appellant shall have the burden of proof in examination appeals.

AnalysisIn this matter, a review of the appellant’s application and appeal indicates that Agency Services correctly determined that he was not eligible for the subject examination. Initially, it is noted that a review of the appellant’s application indicates that his internship with Peapack-Gladstone Bank was part of his college curriculum. As such, this experience was already credited as part of his Bachelor’s degree to meet the education requirement and the substitution for one year of experience for having a computer related degree, and he was correctly not credited with an additional three months of experience as the appellant suggests on appeal. See In the Matter of Marsha Martin (MSB, decided February 9, 2005). Moreover, the appellant did not list his provisional experience on his application. Therefore, his four months of provisional experience in the subject title is considered an amendment to his application and cannot be considered. See Begley, supra. Further, even if he had, this would only be four months of experience by the December 21, 2020 subject examination closing date, and he would still lack eight months of experience as his provisional experience after the closing date cannot be considered. See N.J.A.C. 4A:4-2.3(b). Additionally, the list is complete as there are eight eligibles and only two anticipated positions to be filled based on the two current provisional appointments, there is no basis to relax the rules.

ORDER

Therefore, it is ordered that the appeal be denied.

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