Ashley Czikora, CSC Docket No. 2024-105

BackgroundAshley Czikora appeals her score on the promotional examination for Clerk 3 (PC2184E), Mercer County Sheriff.

The subject promotional examination was announced with a closing date of February 21, 2023 and was open to employees in the competitive division who had an aggregate of one year of continuous permanent service in the title of Clerk 2 or Clerk 2 Bilingual in Spanish and English as of the closing date, or to employees in the competitive division who had an aggregate of one year of continuous permanent service in any competitive title and met the open competitive requirements. The examination was processed as a ranked unassembled examination (UE). The UE standard on which the scoring process for this examination was based gave full credit for up to ten years of qualifying experience. All eligible candidates received a UE score of 70.000, and two points per year were added for up to 10 years of qualifying experience. Also, for this examination, the UE score was worth 70 percent of the final average, while seniority was worth 30 percent. For the seniority score, candidates who were not incumbent in one of the related in-series titles, i.e., Clerk 2 or Clerk 2 Bilingual in Spanish and English, received a seniority score of 70.000. Candidates who were so incumbent received additional seniority credit. The following eligible list, which promulgated on July 6, 2023 and expires on July 5, 2026, resulted from the examination:

Rank Name Permanent Permanent UE Seniority Final

Title Title Score Score Average

Appointment

Date 1 S.D. Clerk 2 March 8, 2016 90.000 76.962 86.090 2 R.S. Clerk 2 February 9, 90.000 76.036 85.820

Bilingual in 2017

Spanish and

English 3 M.O. Clerk 2 January 21, 88.170 78.090 85.150

2015 4 K.B. Keyboarding December 31, 90.000 70.000 84.000

Clerk 2 2007 4 Appellant Keyboarding November 5, 90.000 70.000 84.000

Clerk 2 2012 4 R.M. Keyboarding February 14, 90.000 70.000 84.000

Clerk 2 2005 4 K.P. Keyboarding November 5, 90.000 70.000 84.000

Clerk 2 2012 8 B.R. Clerk 2 October 29, 85.500 74.318 82.150

2018 8 L.R. Clerk 2 October 29, 85.500 74.318 82.150

2018

The names of all nine eligibles were certified to the appointing authority on July 10, 2023 (PL231296). S.D. received a permanent appointment, effective July 10, 2023, and the names of all other eligibles were retained.

Appellant's argumentOn appeal to the Civil Service Commission (Commission), the appellant seeks a better understanding of the process. She highlights that since her permanent title was Keyboarding Clerk 2, not Clerk 2, her lower seniority score effectively “bump[ed] [her] out” of the top three ranks. She also requests her rank and scoring for all titles/positions for which she has applied in the last 10 years; a comparison of the top three eligibles and their titles; and an explanation of how titles/positions are assigned and the difference between them.

BackgroundAgency records indicate that, within the last 10 years, other than the subject examination, the appellant applied for the promotional examination for Clerk 3 (PC0634W), Mercer County Sheriff. The appellant’s examination was scored in the same manner as the subject examination. In other words, the appellant received a UE score of 90.000 and a seniority score of 70.000 for a final average of 84.000. The appellant received a rank of one. The PC0634W list promulgated on October 25, 2018 and expired on October 24, 2021.1

CONCLUSION

RuleN.J.A.C. 4A:4-2.4(a)3 provides that if a title which is the subject of a promotional examination is part of a title series, the examination, with or without all or part of the open competitive requirements, as appropriate, shall be open to all applicants in the unit scope who meet the open competitive requirements and all applicants in the next lower or next two lower in-series titles used in the local jurisdiction.

N.J.A.C. 4A:1-1.3 defines “[t]itle series” to mean titles involving the same kind of work and ranked according to level of difficulty and responsibility.

AnalysisA review of this appeal reveals that the appellant’s seniority score of 70.000 is correct. It is longstanding policy that in promotional examinations open to specific titles, seniority is awarded for service in related in-series titles. See In the Matter of Christine Wilson (MSB, decided December 7, 2005). The subject examination was open to incumbents in the related in-series titles Clerk 2 or Clerk 2 Bilingual in Spanish and English, or to other competitive division employees who met the open competitive requirements. Thus, candidates who were not in the titles of Clerk 2 or Clerk 2 Bilingual in Spanish and English, such as appellant, received a seniority score of 70.000. In this regard and in relation to the title under test, Clerk 3, the appellant’s permanent title of Keyboarding Clerk 2 is not considered a related in- series title. Candidates who were in one of the specified related in-series titles, such as the top three ranked eligibles, received additional seniority credit. The appellant’s seniority was correctly calculated.

The appellant also seeks an explanation of how titles/positions are assigned and the difference between them. In reply, the Commission notes that each position in the career and unclassified services is assigned by this agency to a job title. N.J.A.C. 4A:3-3.1(a). Positions in the career service shall, on the basis of job analysis, be assigned the title which (1) describes the duties and responsibilities to be performed and the level of supervision exercised and received; (2) establishes the minimum education and experience qualifications necessary for successful performance; and (3) in State service, sets the level of compensation. This agency establishes and maintains classification plans for all job titles in the career, senior executive, and unclassified services. See N.J.A.C. 4A:3-3.2(a). The classification plans shall consist of a list of job titles and a job specification for each title, which shall include a descriptive summary of duties and responsibilities of a position or

1 It is noted that the time to appeal the scoring of the PC0634W examination has long since passed.

See N.J.A.C. 4A:4-6.4.

Rulegroup of positions which are sufficiently similar in content to be assigned a job title. See N.J.A.C. 4A:3-3.2(b). Pertinent to this matter, it is noted that the titles of Keyboarding Clerk 2 and Clerk 2 are distinct titles within the Local Classification Plan. The definition section of the job specification for Keyboarding Clerk 2 states:

Under limited supervision, performs moderately complex and non- routine clerical work involving the processing of documents in a variety of functions; performs moderately complex and non-routine clerical work requiring the utilization of keyboarding or typing skills; formats, reproduces, corrects, adjusts and prints a variety of written material;

Analysiskey enters/types correspondence, documents, reports, charts and other materials on a computer console, typewriter, or other key entry device used by the agency; may provide guidance and assistance to staff; does other related duties as required.

RulePer the job specification, Keyboarding Clerks typically spend a majority of their work time (more than 50%) typing or operating keyboard equipment. Speed and accuracy are essential for all keyboarding positions. The definition section of the job specification for Clerk 2 states:

Under limited supervision, performs clerical work involving the processing of documents in a variety of functions; performs moderately complex and non-routine clerical work; may provide guidance and assistance to other staff; does other related duties as required.

AnalysisAccordingly, the appellant has not supported her burden of proof in this matter.

ORDER

Therefore, it is ordered that this appeal be denied.

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