William Moran, CSC Docket No. 2024-977

BackgroundWilliam Moran, Jr., appeals the determination of the Division of Agency Services (Agency Services) that he was not eligible for the promotional examination for Maintenance Worker 3, Grounds (PC3443E), Middlesex County.

By way of background, the subject promotional examination was announced with specific requirements that had to be met as of the August 21, 2023, closing date. Specifically, the examination was open to employees who were currently serving in the competitive title of Maintenance Worker 2, Grounds and possessed an aggregate of one year of continuous permanent service in that title as of the closing date. There were 11 employees who applied for the examination that resulted in a list of 10 eligibles, which promulgated on October 26, 2023, and expires on October 25, 2026. It is noted that the appellant was deemed ineligible as he was not currently permanently serving in the title of Maintenance Worker 2, Grounds.

Appellant's argumentOn appeal, the appellant argues that he should have been admitted to the subject examination. Specifically, he indicates that his 32 years of service and experience meets or exceeds the years of service criteria for the title of Maintenance Worker 3, Grounds, and therefore, he should be admitted to the subject examination. Moreover, the appellant maintains that as an Equipment Operator he is responsible for operating equipment, as well as manual/unskilled labor, which encapsulates the tasks and responsibilities of a Maintenance Worker 2, Grounds.

BackgroundAgency Records indicate the appellant was appointed to the competitive title of Equipment Operator, effective January 2, 2006.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a)1 provides, in pertinent part, that applicants for promotional examinations shall have one year of continuous permanent service for an aggregate of one year immediately preceding the closing date in a title to which the examination is open. N.J.A.C. 4A:4-6.3(b) provides that the appellant has the burden of proof in examination appeals.

AnalysisIn the instant matter, Agency Services correctly determined that the appellant was not eligible for the subject examination. In this regard, as indicated above, applicants for promotional examinations must have one year of continuous permanent service for an aggregate of one year immediately preceding the closing date in a title to which the examination is open. In this matter, the examination was only open to individuals who possessed one year of permanent service and were currently permanent in the next in-series title of Maintenance Worker 2, Grounds. As such, the appellant’s service as an Equipment Operator does not establish eligibility. Therefore, it was correctly determined that the appellant was ineligible as of the August 21, 2023, closing date for this examination as he was not permanent in the title of Maintenance Worker 2, Grounds. Finally, as the examination was only open to permanent employees in the title of Maintenance Worker 2, Grounds, an applicant’s experience would not be considered for eligibility purposes, and therefore, the appellant’s experience was correctly not considered. Moreover, even if experience was to be considered, whether an applicant’s experience meets the requirements for a title is immaterial unless the applicant also meets any title requirements. Accordingly, the appellant has not met his burden of proof in this matter.

ORDER

Therefore, it is ordered that the appeal be denied.

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