Andrew Hoffman, CSC Docket No. 2022-918

BackgroundAndrew Hoffman appeals the determination of the Division of Agency Services (Agency Services), which found that he did not meet the permanent service requirement for the promotional examination for Human Services Specialist 3 (PC4485C), Ocean County Board of Social Services (Board).

As background, the appellant received a permanent appointment to the title of Human Services Specialist 1 with the Board, effective May 3, 2016. Thereafter, the appellant received a permanent appointment to the title of Human Services Specialist 2, effective February 7, 2019, and resigned in good standing, effective March 26, 2021. The appellant was then employed with the New Jersey Department of the Treasury (Treasury) from March 29, 2021 through July 1, 2021. He was reappointed as a Human Services Specialist 2 from a regular reemployment list with the Board, effective July 6, 2021.

The subject examination was open, in relevant part, to employees who possessed an aggregate of one year of continuous permanent service in the title of Human Services Specialist 2 as of the September 21, 2021 closing date. The appellant was deemed ineligible for the subject examination as he did not possess one year of continuous permanent service as of the closing date.

Appellant's argumentOn appeal to the Civil Service Commission (Commission), the appellant proffers that the examination announcement did “not” state that one year of unbroken service in the title of Human Services Specialist 2 immediately preceding the closing date was required. According to the appellant, he only had to “accumulate” one year of continuous permanent service in the title of Human Services

Specialist 2 by the closing date and be serving in that title as of the closing date. The appellant insists that he meets both of these elements and is eligible for the examination when his service in the title of Human Services Specialist 2 prior to his resignation is taken into account. In support, the appellant submits various exhibits.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a)1 provides that applicants for promotional examinations must have one year of continuous permanent service for an aggregate of one year immediately preceding the closing date in a title or titles to which the examination is open. Aggregate service shall be calculated in the same manner as seniority as set forth in N.J.A.C. 4A:4-2.15. N.J.A.C. 4A:4-7.10(d) provides that seniority commences as of the date of regular reemployment.

AnalysisIn this matter, the appellant was properly deemed ineligible for the subject examination as he did not possess the required one year of continuous permanent service in the title of Human Services Specialist 2 as of the closing date. The appellant’s resignation in good standing from his position as a Human Services Specialist 2, effective March 26, 2021, constituted a break in service. See, e.g., In the Matter of William Munyon (CSC, decided November 23, 2016) (Commission held that Munyon, a Trooper, had a break in service when he resigned in good standing as a Senior Correction Officer to enter the New Jersey State Police Academy). If the appellant had obtained a leave of absence from the Board to serve with Treasury, it would not have been considered a break in service, and he could have aggregated the entirety of his permanent service in the title of Human Services Specialist 2 to meet the eligibility requirements for the subject examination. See In the Matter of George L. Venturi, et al. (MSB, decided June 2, 1998). However, the appellant did not do so. Thus, in accordance with N.J.A.C. 4A:4-2.6(a)1 and N.J.A.C. 4A:4-7.10(d), because the appellant left the organizational/unit scope and incurred a break in service, he cannot aggregate his service as a Human Services Specialist 2. See In the Matter of Steven Hadley (CSC, decided April 6, 2011) (To allow an individual who resigned to aggregate his or her prior service in order to be found eligible for a promotional examination would be unfair to all of the applicants who were deemed eligible to compete in the promotional examination who did not leave the organizational unit and served the required time without a break in service). As such, the appellant was properly deemed ineligible for the subject examination as he did not possess the required one year of continuous permanent service in the title of Human Services Specialist 2 as of the closing date. Accordingly, the appellant has failed to meet his burden of proof in this matter, and a sufficient basis exists in the record to support Agency Services’ determination that the appellant was ineligible for the subject examination.

ORDER

Therefore, it is ordered that this appeal be denied.

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