Colleen Bautista, CSC Docket No. 2026-750

BackgroundColleen Bautista appeals the determination of the Division of Agency Services that she did not meet the experience requirements for the Judicial Support Specialist, OAL (S0029G), Statewide open competitive examination.

The closing date of the examination was January 21, 2025. Without the possession of any college credits, the applicable requirements were six years of professional experience coordinating various activities related to the processing of judicial/legal cases, or as a paralegal. A total of 22 candidates applied and 11 were determined eligible. There are five provisionals who applied for the subject examination including the appellant and two others whose positions are in Mercer County. Additionally, eight of the eligibles listed Mercer County as a location preference. Certification OS250594 was issued containing the names of four eligibles to fill a position that is in Atlantic County, with a disposition due date of December 29, 2025. Certification OS250608 was issued containing the names of two eligibles from the unexpired S1336D eligible list and eight eligibles from the subject eligibles list to fill positions in Mercer County, with a disposition due date of January 6, 2026. Certification OS250624 was issued containing the name of one eligible from the unexpired S1336D eligible list and seven eligibles from the subject eligible list to a fill a position in Essex County, with a disposition due date of January 14, 2026. The eligible list expires on September 24, 2027.

On the appellant’s application, she indicated that she possessed a high school diploma. Additionally, the appellant listed that she was provisionally serving in the subject title from March 2024 to the examination closing date. No further information was provided. Agency Services credited the appellant for having 11 months of experience based on her provisional service in the subject title but determined that she lacked five years and 1 month of experience.

Appellant's argumentOn appeal, the appellant states that prior to accepting her provisional position in the subject title, she worked as a paralegal from May 2017 to February 2024. Additionally, she attaches her resume which lists her private sector experience as a paralegal with various firms during this time.

CONCLUSION

RuleN.J.A.C. 4A:4-2.3(b) 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:4-6.3(b) provides that the appellant has the burden of proof in examination appeals.

AnalysisIn this matter, Agency Services correctly determined the appellant ineligible as she only listed her provisional experience on her application, which did not provide her the required six years of experience by the examination closing date. On appeal, the appellant presents private sector paralegal experience which was not submitted with her application, which if had been timely submitted, would have provided her sufficient experience. Under N.J.A.C. 4A:4-2.1(g), the Civil Service Commission (Commission) can accept clarifying information in eligibility appeals. However, N.J.A.C. 4A:4-2.1(f) provides that an application may only be amended prior to the announced closing date. For example, information submitted on appeal pertaining to duties in a given position that expands or enlarges information previously submitted is considered clarifying and is accepted. However, any documentation indicating work in a setting that was not previously listed on an application or resume cannot be considered after the closing date. Thus, the Commission can only consider information provided on appeal regarding the positions listed on the appellant’s original application. See In the Matter of Diana Begley (MSB, decided November 17, 2004). In other words, since the application for the announcement is considered the “test paper,” it is no more subject to later amendment than a multiple choice test answer sheet. Accordingly, the appellant’s private sector paralegal experience from May 2017 to February 2024 that was not included on her original test papers cannot be considered in the appeal process. See In the Matter of Alex Westner (Commissioner of Personnel, decided August 11, 1997). Moreover, as the eligible list is complete, there is no basis to relax the rules.

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.