Della Fischer, CSC Docket No. 2022-799

BackgroundDella Fischer appeals the determination of the Division of Agency Services (Agency Services) that she did not meet the experience requirements for the open competitive examination for Senior Community Relations Specialist (M0263C), Paterson.

The subject examination’s closing date was August 23, 2021. The experience requirements were three years of experience in community relations or community organization work concerning inter-group relations and/or experience in field work in any social welfare program. A total of four individuals applied and two were found eligible. Certification OL210928 was issued on October 4, 2021, containing the names of the two eligibles and it has not yet been returned. The list expires on September 29, 2024.

On the appellant’s application, she indicated that she was the Paterson’s Chief of Staff from February 2020 to the August 23, 2021 closing date, a Customer Service Specialist for New Jersey Transit from February 2019 to February 2020, a Deputy Director of Constituent Relations for the Governor’s Office from January 2018 to February 2019, and a School Secretary for the Paterson Public Schools from September 2013 to February 2018. Personnel records indicate that the appellant was a Confidential Aide to the Mayor from February 2020 to the August 23, 2021 closing date1, and a Public Safety Telecommuter Trainee from October 2001 to June 2003. Agency Services credited the appellant with one year and one month of experience

1 Personnel records indicate that the appellant was provisionally appointed as a Program Coordinator,

Special Events in November 2021.

based on her service as a Deputy Director of Constituent Relations, but determined that she lacked one year and 11 months of experience.

Appellant's argumentOn appeal, the appellant submits a resume which, among other experience, describes how she performed the required duties as a Supervisor, Community Relations Specialist for CASA Program, Inc., from 1992 to 1998. The appellant also describes how she performed community relations or community organization duties as part of other work or volunteer experience throughout her career.

CONCLUSION

RuleN.J.A.C. 4A:4-2.3(b)2 requires applicants to possess all the requirements specified in an announcement for an open competitive examination by the closing date. N.J.A.C. 4A:4-2.1(f) provides that an applicant may amend a previously submitted application only 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 order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisInitially, Agency Services correctly determined that the appellant was not eligible as she did not present her entire work history on her application and she did not indicate that she primarily performed the required duties for sufficient time by the August 23, 2021 closing date. However, on appeal, the appellant describes how she primarily performed the required duties as a Supervisor, Community Relations Specialist for CASA Program, Inc., from 1992 to 1998. Although N.J.A.C. 4A:4-2.1(f) proscribes the amendment of an application after the closing date set in the announcement, the circumstances present in this matter provide good cause to permit the appellant to amend her application. Specifically, the subject list is incomplete as there are only two eligibles on the list. Further, the Commission notes that the dual purpose of the Civil Service system is to ensure efficient public service for State and local governments and to provide appointment and advancement opportunities to Civil Service employees based on their merit and abilities. These interests are best served when more, rather than fewer, individuals are presented with employment opportunities. See Communications Workers of America v. New Jersey Department of Personnel, 154 N.J. 121 (1998). In this regard, the Commission finds that the appellant has demonstrated that she has the required experience for the subject title by the closing date, which, based on the circumstances presented, warrants her admission to the subject examination. Accordingly, good cause is established to relax the provisions of N.J.A.C. 4A:4-2.1(f) and admit the appellant.

ORDER

Therefore, it is ordered that this appeal be granted and the appellant’s application be processed for prospective employment opportunities.

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