Lisa Talerico-Perillo and Kathleen Segura, CSC Docket No. 2019-1318, 2019-1321

BackgroundThe New Jersey Office of the Attorney General (OAG) requests retroactive permanent appointment dates for Lisa Talerico-Perillo and Kathleen Segura, to the title of Legal Secretary 1, effective September 4, 2017.

By way of background, a promotional examination for the title of Legal Secretary 1 (PS3885P) was announced with a closing date of January 23, 2017. The resultant eligible list of 18 names, including Talerico-Perillo and Segura as the first and third ranked eligibles respectively, promulgated August 17, 2017 and expires August 16, 2020. On February 6, 2018, a certification (PS180139) containing 17 eligibles was issued to the appointing authority. In disposing of the certification (PS180139) the appointing authority appointed Talerico-Perillo and Segura, effective March 17, 2018.

AnalysisIn the instant matter, the appointing authority asserts that due to an administrative error it failed to request a certification a timely manner. It maintains that if it had done so, that Talerico-Perillo and Segura would have received a permanent appointment date of September 4, 2017. In addition, it notes that both employees were reachable for appointment at that time.

The Division of Agency Services supports the appointing authority’s request.

CONCLUSION

RuleN.J.A.C. 4A:4-1.10(c) states that an individual may receive a retroactive date of appointment to correct an administrative error, for an administrative delay or for other good cause. Generally, the award of a retroactive appointment date is for seniority purposes only and is limited to situations in which an appellant could have been appointed on the requested retroactive date, but as a result of an administrative error, he or she received a later appointment date.

AnalysisIn the instant matter, the record establishes that Talerico-Perillo and Segura’s names appeared on the eligible list for Legal Secretary 1 (PS3885P). However, due to an administrative error, a certification was not requested in a timely manner to record their two appointments, effective September 4, 2017. A review of the record reveals that Talerico-Perillo and Segura were reachable for appointment on September 4, 2017. Thereafter, the appointing authority requested a certification (PS180139) which it returned appointing them, effective March 17, 2018. Furthermore, as the record establishes that Talerico-Perillo and Segura have successfully completed their working test periods, no further period of probation is required. Consequently, Talerico-Perillo and Segura’s permanent appointments should be recorded as September 4, 2017.

ORDER

Therefore, it is ordered that this request be granted and that the permanent appointments of Talerico-Perillo and Segura to the title of Legal Secretary 1 be recorded as September 4, 2017.

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