Iris Baker, CSC Docket No. 2023-526

BackgroundIris Baker appeals the decision of the Division of Agency Services (Agency Services) which found that she did not meet the experience requirements for the promotional examination for Assistant Nursing Home Administrator (PC4192D), Atlantic County.

The subject promotional examination had a closing date of June 21, 2022 and was open to employees in the competitive division who had an aggregate of one year of continuous permanent service as of the closing date in any competitive title and who met the announced requirements. These requirements included, in pertinent part, graduation from an accredited college or university with a Bachelor’s degree, and one year of administrative experience involving the planning, organizing, directing and coordinating of various activities in a patient care institution. The appellant was found to be below the minimum requirements in experience. As the appellant was the sole applicant, the examination was cancelled on September 1, 2022.

On her application, the appellant indicated that she possessed a Bachelor’s degree and she listed five positions, provisional Assistant Nursing Home Administrator; Senior Social Worker Nursing Home; Social Worker Nursing Home; Social Worker Institutions and Housekeeping Supervisor II. She provided a resume with nine additional positions that are clerical or non-professional in nature. She was credited with six months of experience in the first position, and was found to be lacking six months of required experience. On appeal, the appellant describes duties for her position as Senior Social Worker Nursing Home and states that she was supervising while in that title.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a) provides that applicants shall meet all requirements specified in the promotional examination announcement by the closing date. N.J.A.C. 4A:1-1.2(c) provides that the Civil Service Commission may relax the rules for good cause in a particular situation, on notice to affected parties, in order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisIn the instant matter, the appellant was found to be lacking six months of qualifying experience as the appellant was only credited for the six months of experience in her provisional position in the subject title. The appellant’s remaining positions are not applicable as they do not have administrative experience involving the planning, organizing, directing and coordinating of various activities in a patient care institution as the primary focus. It is noted that Senior Social Worker Nursing Home has social work as the primary focus, and this is a lead worker title, not a supervisory title. As such, Agency Services correctly determined that the appellant was not eligible for the subject examination. Nevertheless, the appellant continues to serve as a provisional in the subject title and has accrued six months of experience since the June 21, 2022 closing date. Further, the examination has been cancelled since the appellant was the sole applicant. As such, good cause exists to relax the provisions of N.J.A.C. 4A:4-2.6(a) and accept the appellant’s additional experience after the closing date, for eligibility purposes only, and admit her to the examination.

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.