Administrative Clerk (M0802S), CSC Docket No. 2019-146

In In the Matter of Administrative Clerk (M0802S), Clark (CSC, decided November 10, 2016) (attached), the Civil Service Commission (Commission) granted the request of the Clark Public Library (Library) for an appointment waiver for the July 13, 2015 certification and ordered that no selection costs would be assessed at that time since there was a possibility that the list could be utilized prior to its expiration. However, the appointing authority did not utilize the subject eligible list and the matter of the assessment of costs is now before the Commission.

BackgroundThereafter, the Library was notified that since the eligible list was not utilized by its expiration date, the matter of the costs for the selection process in the amount of $2,048 would be forwarded to the Commission for a determination. In response, the Library reiterates its prior arguments that the previous Library Director had incorrectly appointed an individual to the subject title, when the more appropriate title for the position was Account Clerk. Additionally, it asserts that the previous Library Director had only been in her position for a few months and relied heavily on the protocols set by the previous director. Moreover, the Library asserts that repaying the costs of the selection process would create a serious hardship as it would have to cut back on services to the public.

CONCLUSION

N.J.S.A. 11A:4-5 and N.d.A.C, 4A:10-2.2(a)2 state that if an appointing authority receives permission not to make an appointment, it can be ordered to reimburse the costs of the selection process. While administering examinations and providing the names of eligible job candidates to the jurisdictions under the Civil Service system are two of the primary activities of this agency, these costly efforts are thwarted when appointing authorities fail to utilize the resulting eligible lists to make appointments and candidates have needlessly expended their time, effort and money to take these examinations in hopes of being considered for a permanent appointment. The amount of $2,048 has been determined to be the cost of the selection process for open-competitive examinations for local government positions. In the instant situation, although the appointing authority had shown a valid reason for not making an appointment from the subject eligible list, it failed to provide a sufficient basis for not being charged for the costs of the selection process which produced the subject eligible list. In this regard, the appointing authority’s appointment of an employee provisionally to the subject title, had caused an examination for the title of Administrative Clerk to be announced. Moreover, only after the certification was issued did the appointing authority request that it be cancelled. Furthermore, although the appointing authority had originally indicated that it might utilize the subject eligible list in the future, it failed to do so. Finally, although the Commission is sympathetic to the fiscal constraints faced by the Library, those constraints are no more significant than those faced by any other New Jersey municipal agency. Thus, it is appropriate that the appointing authority be assessed the costs of the selection process.

ORDER

Therefore, it is ordered that Clark Public Library be assessed the costs of the selection process in the amount of $2,048 to be paid within 30 days of the issuance of this decision.

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