Krista Devers, CSC Docket No. 2025-1808

BackgroundKrista Devers appeals the determination of the Division of Agency Services (Agency Services) that she did not meet the experience requirements for the Administrative Analyst 1 (PS8786L), Department of Banking and Insurance (DOBI) promotional examination.

The closing date of the examination was October 25, 2024. The applicable requirements were a Bachelor’s degree and one year of professional experience involving the review, analysis, and evaluation of budget, organization, administrative practices, operational methods, management operations, or data processing applications, or any combination thereof, which shall have included responsibility for recommendation, planning, and/or implementation of improvements in a business or government agency. As the appellant was the only applicant, and found ineligible, the examination was cancelled due to a lack of qualified candidates.

On the appellant’s application and resume, she indicated that she possessed a Bachelor’s degree. Additionally, the appellant presented that she served as a provisional in the subject title for DOBI from July 2024 to the closing date, a Taxpayer Representative for the Department of the Treasury from February 2023 to July 2024, a Teacher for the Pemberton Township Board of Education from January 2022 to June 2023, a Teacher for the Out Lady of Sorrows School from September 2020 to December 2021, a Fifth Grade Teacher for Pope John Paul II Regional School from July 2019 to June 2020, a Substitute Teacher for Rancocas Valley Regional High School from September 2016 to June 2019, and a Teacher Assistant for Hampton

Academy from May 2013 to June 2015. Agency Services credited the appellant for her Bachelor’s degree but determined that she lacked one year of experience.

Appellant's argumentOn appeal, the appellant states that as an educator prior to State service, she gained extensive experience planning, organizing, and researching techniques and methods to improve her job. Further, she presents that she carried out assignments, investigations, surveys, research activities, and she reported on them. Additionally, she indicates that she worked on preparing accurate and informative reports containing findings and recommendation for students as well as other employees.

In State service, the appellant provides that she continued to maintain clear and accurate records and files. She states that she can use basic information and apply it to administrative practices, procedures, and budgets. The appellant highlights that she can analyze, interpret, and apply basic laws and regulations. She notes that she has been able to maintain bulletins, procedures, and instruction manuals. She attaches her resume which describes her duties in her various positions in more detail.

Additionally, the appellant clarifies her provisional experience. Specifically, she indicates that:

I review budget, organization, administrative practices, operational methods, management operations, or data processing applications by reviewing the current handling of our fleet vehicles, which includes daily record keeping of mileage, monitoring the commutes of each driver, maintain the maintenance requirements and completion for each vehicle, responsible for ensuring all vehicles are furnished with valid insurances, registration cards, and PPE items.

I analyze budget, organization, administrative practices, operational methods, management operations, or data processing applications by calculating & providing the department Treasury, Division of Revenue and Enterprise Services (DORES), of all DOBI building access and parking cards. I keep inventory of all assigned & vacant cards via the

Treasury Access card & DOBI Parking card database under MASS’s supervision. I create and provide related reports as requested by MASS and AC. I obtain and provide new cards to OHR at the direction of the

Administration. Also, I respond to the direction given from MASS and

AC, to email and obtain access cards for all housed and field DOBI personnel. Specifically including, DOBI personnel within State owned and leased buildings that are not available to the Department. I am responsible for requesting, retrieving, and distributing all DOBI employee’s lost or stolen. Replacement cards. Along with the collections and filing of any associated forms, maps, or fees, etc. As well as, requesting parking waivers for additional employee parking when deemed necessary by MASS and/or at the directions of the AC of Administration. I am responsible for educated maintenance & updates to Parking Database which is used to track all DOBI employee’s parking cards & parking passes. I run and provide inventory reports within the parking database at the request of MASS. Prior to new card issuance, ensure payment collection of lost parking and access cards and submit payment to Treasury or DOBI FISCAL via memorandum documenting the transaction and verify the control number of their parking and/or building access cards. I ensure all access and parking cards are forwarded to OHR for employees personnel file and the cover sheet hard copy is placed in the BSG associated files. I update parking garage and /or surface lot maps and databases accordingly. Immediately alert MASS of any parking & access card facility announcements that will affect DOBI personnel. I create, calculate, and maintain Lot 31 & Bank St garage employee upgrade parking card list to MASS by calculating the number of Lot 31 vacancies and the number of Bank Street vacancies & determining how many employees can move from Lot 31 to Bank Street garage to maintain vacancy parking in both parking lot facilities. I email, exchange parking upgrades & update all associated lists and files.

I evaluate budget, organization, administrative practices, operational methods, management operations, or data processing applications by handling the assignment, ordering the collection of DOBI’s EZPASS accounts and all transponders. I contact the New Jersey EZPASS Account Services and am responsible for submitting Purchase Requests to ensure a sufficient balance of funds exist in the account and that balance in the account does not fall below $700. I also prepare purchase requests for the MASS when account funds get below the $700 threshold. I am responsible for ensuring users of assigned EZPass transponder certify by signature, that they are responsible for the proper usage and verify the control number of the EZPass transponder assigned to them. I ensure employee EZPass assignment certification receipts are handed in to OHR with cover letter for filing in the employees personnel file & VSG files. I am responsible for auditing the monthly billing statements to ensure proper use of this State resource. I am also responsible for ensuring EZPass fines are resolved by the driver who committed the violation as per Circular Letter NO.: 17-05-ADM. Reports, suspected and collect misused EZPass transponders.

I recommend plan, and/or implement improvements in a government agency by gathering and providing accurate content information for MASS’s signature of DOBI’s RTK survey’s annual submission to the

Department of Health on or prior to the assigned deadline due date. I take accountability for the timely completion of all Unit RTK surveys and maintaining copies of Material Safety Data Sheets for hazardous chemicals used or stored within all DOBI Offices. This also includes reviewing the current process and working with the Department of

Health for any revisions, updated, suggestions for a better record keeping. I am responsible for contacting and receiving in writing, Unit reporting and preparing a separate Material Safety Data Sheet for each chemical named, per Unit. I confirm all information and submit it to

DOBI MASS for review and required signature at least (1) month prior to deadline due date. I email MASS submission reminders (2) weeks prior to deadline date. Each data sheet must include: the employee’s name or Supervisor’s name to determine if the employee is a registered user and is familiar with the Department of Health’s online RTK reporting system, including the products, numbers, names and include the associated Union Rep contact information. The RTK researcher is responsible for being aware that failure to submit timely reports to the

Department of Health could result in a $1,000.00 fine to the

Department. After submission, I place all gathered annual related information and create and lace in the RTK file by submission year.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a) requires applicants to possess all the requirements specified in an announcement for a promotional examination by the closing date. 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 lacked the required experience for the subject examination, including while serving provisionally in the subject title.1 Specifically, the applicable experience is one year of experience where the primary duties are to review, analyze, and evaluate to make recommendations, to make plans, and/or to implement improvements. A review of the appellant’s application, initial appeal, and subsequent clarification does not clearly indicate that the appellant’s primary duties while serving provisionally in the subject title are the required duties. Instead, it appears that the appellant duties are more administrative and do not have, as a primary focus, the duties of the subject position. Accordingly, the appeal is denied. Further, as the appellant does not appear to be performing duties consistent with an Administrative Analyst 1 classification, the matter is referred to Agency Services for a classification review. Upon a determination as to the appellant’s appropriate title, a corresponding announcement for an examination for that title shall be issued.

1 It is also noted that even if the appellant were to receive credit for her provisional service, this would only provide her four months of experience by the examination closing date, and she would lack eight months of experience. Further, the primary duties of a Taxpayer Representative and Teacher are not in the required areas.

ORDER

Therefore, it is ordered that this appeal be denied. It is further ordered that the matter of the proper classification of the appellant’s position be referred to Agency Services for a classification review. Upon a determination as to the appellant’s appropriate title, a corresponding announcement for an examination for that title shall be issued.

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