Alfred Moschella, CSC Docket No. 2022-459

BackgroundAlfred Moschella appeals the determination of the Division of Agency Services which found that he did not meet the experience requirements for the promotional examination for Assistant Supervisor Public Works (PM0510C), Gloucester Township.

The subject examination announcement was issued with a closing date of January 21, 2021, and was open to employees in the competitive division who had an aggregate of one year of continuous permanent service as of the closing date in the title Senior Public Works Repairer OR to employees in the competitive division who had an aggregate of one year of continuous permanent service as of the closing date in any title and who met the announced requirements. These requirements included three years of experience in the construction, maintenance and/or repair of streets, sewer, water, sanitation or other public works facilities or similar heavy construction work. The appellant was found to be ineligible based on a lack of applicable experience. There was one admitted applicant who was appointed on August 24, 2021.

The appellant listed one position on his application, Electrician, from December 2003 to November 2020. The duties for the position involved electrical service duties and were found to be inapplicable. As such, he was found to be lacking three years of applicable experience. Agency records indicate that the appellant was an Electrician from 2003 to November 2020, when he was provisionally appointed to the subject title, in which he remained until the January 2021 closing date.

Appellant's argumentOn appeal, the appellant provides an extensive description of duties he performed since 2003. These include maintaining and servicing 44 traffic signals, supervising the maintenance of 40 public buildings including renovations, upgrades, and emergency calls on damage or threats, power outages, broken pipes, roof damage and any structural issues. On his behalf, Human Resources concurs that the appellant performed this out-of-title work while in his Electrician title since 2008, including supervising an eleven-man crew since 2016, and would appoint him if he appeared on the eligible list.

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:4-2.6(c) provides, in pertinent part, that applicants for promotional examinations with open competitive requirements may not use experience gained as a result of out-of-title work to satisfy the requirements for admittance to the examination or for credit in the examination process, unless good cause is shown for an exception.

CONCLUSION

Initially, the appellant was correctly denied admittance to the subject examination since he did not indicate on his application that he possessed the required in-title experience. The appellant indicated that he performed applicable experience while in the Electrician title, and Human Resources has confirmed the performance of the required duties for at least three years, and wishes to make his appointment. Additionally, the appellant continues to serve provisionally in the title under test and the eligible list is exhausted. As such, good cause exists to accept the appellant’s out-of-title experience and admit him to the subject examination for prospective appointment only.

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.