Trevor Little, CSC Docket No. 2023-183

BackgroundTrevor Little appeals the determination of the Division of Agency Services (Agency Services) which found that he did not meet the minimum requirements in experience for the open competitive examination for Senior Forensic Photographer (S0514D), Statewide.

The subject examination had a closing date of May 23, 2022 and was open to residents of New Jersey who met the open competitive requirements. These requirements were completion of a vocational, technical or specialized training program in photography or photographic technology, and one year of professional experience in work involving the taking, developing and printing of photographs. Applicants who did not possess the required education may substitute one year of additional nonsupervisory experience. The appellant was found to be below the minimum requirements in experience. One candidate appeared on the eligible list, the list was certified, and that candidate was appointed.

Appellant's argumentThe appellant indicated that he possessed a Bachelor’s degree in Photography and he listed seven positions on his application and resume: provisional Senior Forensic Photographer, Sales Associate; Print Production Assistant; Freelance Photo Assistant; Equipment Assistant; Temporary Photo Assistant; and, Studio Assistant. The appellant was credited with eight months of experience in his provisional position, and thus was found to be lacking four months of applicable full-time experience involving the taking, developing and printing of photographs.

On appeal, the appellant supplies an updated resume which indicates that he took photographs in positions where those duties were not originally listed.

CONCLUSION

RuleN.J.A.C. 4A:4-2.3(b) provides that applicants shall meet all requirements specified in the open competitive examination announcement by the closing date. N.J.A.C. 4A:1-1.2(c) states that the Civil Service Commission may relax a rule for good cause in particular situations, on notice to affected parties, in order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisInitially, the appellant was correctly found ineligible for the subject examination. However, in this case, the list has been exhausted, the appellant continues to serve provisionally in the title under test, and he has accrued at least six months of additional experience as a provisional in the subject title after the closing date. Based on the circumstances presented, good cause has been established to relax the provisions of N.J.A.C. 4A:4-2.3(b) to accept the appellant’s additional experience in his provisional position beyond the closing date, for eligibility purposes only, and admit him to the examination.

ORDER

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