Keless Murray, CSC Docket No. 2023-7

BackgroundKeless Murray appeals the determination of the Division of Agency Services (Agency Services) that she did not meet the experience requirements for the open competitive examination for Field Representative, Senior Citizens Program (M0426D), East Orange.

The subject examination’s closing date was April 21, 2022. The education requirement was a Bachelor’s degree. The experience requirements were one year of experience in work involving counseling or assisting senior citizens with matters involving their welfare. A total eight individuals applied and two were found eligible. Certification OL220749 was issued containing the names of the two eligibles and one was appointed. The list expires on June 29, 2025.

On her application, the appellant indicated that she had a Bachelor’s and Master’s degree. She also indicated that she was a Case Management Coordinator for Aetna Better Health of New Jersey from August 2021 to the closing date, a Client Care Coordinator/Social Worker for Volunteers of America from March 2021 to September 2021, a Business Associate for Kingsbrook Jewish Medical Center from January 2017 to March 2021, and a Patient Care Technician for Kingsbrook Jewish Medical Center from March 2010 to December 2016. Agency Services credited the appellant with having met the education requirement and having nine months of experience based on her position as a Case Management Coordinator, but determined that she lacked three months of experience.

Appellant's argumentOn appeal, the appellant presents that she has worked in healthcare for over 10 years assisting both older and younger populations. She highlights her Master’s degree in Social Work with a concentration in Gerontology. The appellant describes how she performs the required duties while serving as a Case Management Coordinator. She submits her resume, which indicates that she still is a Case Management Coordinator for Aetna Better Health of New Jersey, and she describes her experience in all her positions in detail.

CONCLUSION

RuleN.J.A.C. 4A:4-2.3(b)2 requires applicants to possess all the requirements specified in an announcement for an open competitive examination by the 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 order to effectuate the purpose of Title 11A, New Jersey Statutes. N.J.A.C. 4A:4-6.3(b) provides that the appellant has the burden of proof in examination appeals.

AnalysisIn this matter, Agency Services correctly determined that the appellant was not eligible as she only had nine months of experience performing the required duties as a Case Management Coordinator as of the closing date and she did not clearly indicate that any other position primarily involved counseling or assisting senior citizens with matters involving their welfare. In order for experience to be considered applicable, it must have as its primary focus full-time responsibilities in the areas required in the announcement. See In the Matter of Bashkim Vlashi (MSB, decided June 9, 2004). However, on appeal, the appellant indicates that she has gained the required experience as a Case Management Coordinator after the closing date. Further, the list is incomplete as there is only one name remaining on the list. The Commission notes that the dual purpose of the Civil Service system is to ensure efficient public service for State and local governments and to provide appointment and advancement opportunities to Civil Service employees based on their merit and abilities. These interests are best served when more, rather than fewer, individuals are presented with employment opportunities. See Communications Workers of America v. New Jersey Department of Personnel, 154 N.J. 121 (1998). Therefore, there is good cause under N.J.A.C. 4A:1-1.2(c) to relax the provisions of N.J.A.C. 4A:4- 2.3(b)2 and accept the appellant’s experience gained after the closing date, for eligibility purposes only, and admit her to the subject examination.

This determination is limited to the instant matter and does not provide precedent in any other matter.

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.