Monica Konboz, CSC Docket No. 2022-616

BackgroundMonica Konboz appeals the determination of the Division of Agency Services (Agency Services), which found that she was below the minimum requirements in experience for the promotional examination for Clerk 2 (PM3179C), Vernon Township.

The subject examination was open, in part, to employees in the non- competitive division serving in the title of Keyboarding Clerk 1 who possessed one year of experience in clerical work as of the May 21, 2021 closing date. The subject examination was cancelled on September 19, 2021 after the appellant, the only applicant, was deemed ineligible.

On her application, the appellant stated that she served as a Keyboarding Clerk 1 (part time, 10 hours per week) from February 2020 to January 2021. This prorated to seven months of experience. However, the appellant did not indicate that she possessed any other applicable experience. Therefore, she was deemed ineligible as she was found to be lacking the required additional five months of applicable experience for the subject examination.

Appellant's argumentOn appeal, the appellant argues that she possesses sufficient applicable experience for the subject examination. In this regard, she asserts that she possesses applicable experience based on her work as a front desk assistant with Skyline Dental from February 2019 to December 2021 and as a graphic designer with Newton Screen Printing from October 2008 to March 2020.

BackgroundAgency records indicate that the appellant was provisionally appointed to the title of Clerk 2, effective February 1, 2021 and continues to serve in that position.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a) provides that applicants must meet all requirements specified in a promotional 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. That is, any documentation indicating work in any setting that was not previously listed on an application or resume cannot be considered after the closing date. See In the Matter of Joann Burch, et al. (MSB, decided August 21, 2003) and In the Matter of Rolanda Alphonso, et al. (MSB, decided January 26, 2005). N.J.A.C. 4A:1-1.2(c) provides that a rule may be relaxed for good cause shown in a particular situation.

AnalysisIn the instant matter, Agency Services correctly determined that the appellant was ineligible for the subject examination because the appellant’s prorated experience listed in her application was less than the one year of experience required for applicants as of the May 21, 2021 closing date. The appellant states on appeal that she possesses additional applicable experience which was not noted in her application. However, such additional information is considered an amendment to her application for the subject examination which, as set forth in N.J.A.C. 4A:4-2.1(f), cannot be considered after the announced closing date. However, the record evidences that the subject examination was canceled after the appellant, the only applicant, was deemed ineligible. Moreover, the appellant continues to serve provisionally in the subject title. Under these circumstances, good cause exists to relax N.J.A.C. 4A:4- 2.6(a) and accept the appellant’s provisional experience in the subject title after the closing date, for eligibility purposes only, and admit her to the examination.

Finally, the appellant is cautioned that in the future she must describe her experience accurately in her application, as her failure to do so may result in her ineligibility for a prospective examination.

ORDER

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