Naeem Syed, CSC Docket No. 2019-1910

Appellant's argumentNaeem Syed requests to be permitted to submit a late application for the Code Enforcement Officer (M0054A), West New York examination.

BackgroundBy way of background, the announcement for the subject examination was issued on December 15, 2018 and was open to employees with one year of experience in conducting inspections or investigations to detect violations of and ensure compliance with laws, rules, and regulations as of the January 7, 2019 closing date. A total of six individuals applied for the subject announcement and two were found eligible to compete in the examination. It is noted that an eligible list has not yet been issued.

On appeal to the Civil Service Commission (Commission), the appellant, a Code Enforcement Officer, } states that he was traveling outside of the country from December 16, 2018 to January 7, 2019. Upon his arrival home, he became very sick and was not able to return to work, hindering him from applying for the examination. In support of his appeal, the appellant provides a copy of his travel confirmation indicating he was out of the country from December 16, 2018 to December 30, 2018. In addition, he submits a note from his physician indicating that he was unable to work from January 2, 2019 to January 7, 2019.

1 Agency records indicate that the appellant has been serving provisionally pending open competitive procedures in the Code Enforcement Officer title since December 11. 2017.

CONCLUSION

RuleNoJ.A.C, 4A:4-2.1(e) provides that unless otherwise provided for by the Chairperson of the Commission or designee, applicants for open competitive and promotional examination shall be submitted to the Commission no later than 4:00 p.m. on the announced application filing date. N..J.A.C. 4A:1-1.2(c) provides that a rule may be relaxed for good cause in a particular circumstance in order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisIn the instant matter, the appellant did not submit an application by the closing date for the subject examination. The Commission generally denies requests to accept late examination applications, as N.J.A.C. 4A:4-2.1(e) requires applicants to file their applications by the closing date. However, under the circumstances he presents, the Commission finds that there is good cause to relax N.J.A.C. 4A:4- 2.1(e) and allow the appellant to submit a late application for the subject examination.

Additionally, the appellant is serving provisionally in the subject title and only two applicants were deemed eligible to compete in the subject examination. Thus, absent accepting the appellant’s late application, any resultant list would be incomplete. In that regard, the Commission emphasizes that the dual purpose of the Civil Service system is to ensure efficient public service for State and local governments and to provide appointment and advancement opportunities to Civil Service employees based on their merit and abilities. These interests are best served when more, rather than fewer, individuals are presented with employment opportunities. See Communications Workers of America v. New Jersey Depariment of Personnel, 154 N.J. 121 (1998).

Finally, the Commission notes that the appellant's remedy is based on the circumstances of this matter, and for future examination announcements, the appellant must timely file an application. As this remedy is limited to the unique circumstances of this matter, it does not provide a precedent in any other matter.

ORDER

Therefore, it is ordered that this request be granted, and Naeem Syed be permitted to submit an application for the Code Enforcement Officer (M0054<A), West New York examination. It is further ordered that the appellant submit an open competitive examination application and the $25.00 application processing fee to the Division of Agency Services. The application and processing fee must be postmarked no later than 15 days from the issuance date of this decision. Upon receipt of the application and processing fee, it is ordered that his application be processed, Finally, if the appellant’s application and the required payment are not postmarked on or before the 15th day after the issuance date of this decision, he will not be entitled to have an application for the subject examination processed.

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