Stephen Paten, CSC Docket No. 2022-947

BackgroundStephen Paten appeals the determination of the Division of Agency Services (Agency Services) that he did not meet the experience requirement for the open competitive examination for Mechanical Equipment Specialist (S0393C), South Woods State Prison.

The subject examination was announced with specific requirements that had to be met as of the September 21, 2021 closing date. The requirements were three years of experience in work involving the installation, inspection, repair, maintenance, and operation of heating, air conditioning, and refrigeration systems, machinery, diesel generators, and auxiliary equipment including welding, piping, and insulation. It is noted that the examination was cancelled since the appellant, the only applicant, was found ineligible for the examination.

A review of the appellant’s application reveals that he served as a provisional Mechanical Equipment Specialist from September 2019 to September 2021. Agency Services credited the appellant with two years and one month of applicable experience for that service. Since the appellant did not list any other experience on his application, Agency Services could not credit him with any additional experience. Accordingly, Agency Services determined that the appellant lacked 11 months of experience.

Appellant's argumentOn appeal, the appellant provides further information with respect to his work experience. He maintains that he possesses 20 years of mechanical equipment and Senior Repairer experience. He states that he worked as an Iron Worker from

December 1999 to April 2009, a Construction Foreman from April 2005 to November 2009, a Project Manager from November 2007 to March 2018, a Field Supervisor from March 208 to February 2019, a part-time Auto Repairman from 2001 to the present, and a Senior Repairer from August 2019 to August 2020.

BackgroundOfficial personnel records indicate that the appellant continues to serve provisionally 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 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. N.J.A.C. 4A:1-1.2(c) provides that a rule may be relaxed for good cause in a particular situation. Initially, it is noted that Agency Services correctly credited the appellant with two years and one month of applicable experience based on his provisional service as a Mechanical Equipment Specialist. On appeal, the appellant provides further information with respect to his work experience, including that he has experience as an Iron Worker, Construction Foreman, and Senior Repairer. Additionally, a review of the record indicates that the appellant continues to serve provisionally in the title under test. Based on this additional work experience supplied on appeal, the appellant has enough applicable experience to qualify for the examination. Additionally, the situation is not competitive as the examination was cancelled due to lack of qualified applicants. Under these circumstances, good cause exists to relax the provisions of N.J.A.C. 4A:4-2.1(f) and accept the appellant’s amended work experience, for eligibility purposes only, and to admit him to the examination. The appellant is cautioned to, in the future, ensure that he fully competes any examination application as failure to do so may result in his ineligibility. This determination is limited to the facts and circumstances presented and may not be used as precedent in any future matter.

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.