Cathleen Wolf, CSC Docket No. 2023-279

BackgroundCathleen Wolf appeals the determination of the Division of Agency Services (Agency Services) which found that she did not meet the minimum requirements in experience for the open-competitive examination for Principal Planner (M0626D), Hoboken.

The subject examination had a closing date of June 21, 2022 and was open to candidates who, in pertinent part, graduated from an accredited college with a Bachelor’s degree including or supplemented by 21 semester hour credits in professional planning subjects, and who possessed three years of responsible professional experience in municipal, county, regional, or state planning. Possession of a Master’s degree in Planning from an accredited college or university could be substituted for one year of indicated experience. One candidate appeared on the eligible list, which was certified, and she was appointed.

On her application, the appellant indicated that she possessed the required education, and a Master’s degree in Planning which could be substituted for one year of experience. She listed one position on her application, Project Planner with J. Caldwell and Associates. Agency Services credited the appellant with 10 months of experience for the one position on her application, and she was found to be lacking one year, two months of required experience.

Appellant's argumentOn appeal, the appellant states that she has been a provisional Principal Planner and she provides duties of that position. Official records indicate that the appellant was provisionally appointed in October 2021.

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: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) states that the Civil Service Commission (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.

AnalysisA review of the appellant’s application reveals that Agency Service’s initial rejection of the appellant to the subject examination was correct. In this regard, the appellant listed one position on her application, and was credited for all the experience that she submitted. On appeal, the appellant provides duties for her provisional position, which is applicable. Additionally, the list is exhausted as no eligibles remain and the appellant is still serving as a provisional appointee. Based on the circumstances presented, good cause has been established to relax the provisions of N.J.A.C. 4A:4-2.1(f) to accept the appellant’s amendment to her application on appeal, as well as her experience after the closing date, and admit her to the examination for prospective appointment consideration.

For any future positions in which she might be interested, the appellant is cautioned that she should fully complete her application and provide all requested information. Failure to do so may be cause for rejection from the examination process.

ORDER

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

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