Nataly Balah, CSC Docket No. 2023-319

BackgroundNataly Balah appeals the decision of the Division of Agency Services (Agency Services) which found that she did not meet the experience requirements for the open competitive examination for Program Coordinator Drug and Alcohol Abuse (C0582D), Passaic County.

The subject examination had a closing date of June 21, 2022 and was open to residents of Passaic County who met the announced requirements. Those requirements included graduation from an accredited college or university with a Bachelor’s degree, and four years of administrative experience in an agency operating drug and/or alcohol abuse and/or rehabilitation programs. Applicants who did not meet the educational requirement could substitute additional experience as described on a year-for-year basis. A Master’s degree in Psychology, Social Work, Sociology, Guidance or Counseling could be substituted for one year of experience. The appellant was found to be below the minimum requirements in experience. As the appellant was the sole applicant, the examination was cancelled on August 11, 2022.

On her application, the appellant indicated that she possessed a Master’s degree in Hospitality and Tourism, and this was accepted in lieu of a Bachelor’s degree. The appellant listed the following positions on her application and resume: provisional Program Coordinator Drug and Alcohol Abuse; Administrative Assistant/Keyboarding Clerk; Nursing Unit Secretary with Kessler Institute for Rehab; Drug Program Specialist with Wayne Counseling & Family Services; and Sales Associate with Educational Warehouse. Official records indicate that the appellant was a Keyboarding Clerk 1 for the period of time that she indicated that she was an Administrative Assistant/Keyboarding Clerk. She was credited with nine months of experience in her provisional position, and three years, one month of experience as a Drug Program Specialist, and was found to be lacking two months of required experience.

On appeal, the appellant resubmits her resume and lists her positions.

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 denied admittance to the subject examination since she lacked two months of required experience. Nonetheless, the examination was cancelled as there were no admitted candidates, the appellant is still serving as a provisional appointee and she has accrued an additional two months of applicable experience since the June 21, 2022 closing date. Based on the particular 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 beyond the closing date and admit her to the examination.

ORDER

Therefore, it is ordered that this appeal be granted, the examination cancellation 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.