Michelle Marchese, CSC Docket No. 2019-2010

Appellant's argumentMichelle Marchese requests to be permitted to submit a late application for the Supervising Family Service Specialist 2 (PS4837K), Department of Children and Families (DCF), examination.

BackgroundBy way of background, the promotional examinations for Supervising Family Service Specialist 2 (PS4837K) and Supervising Family Service Specialist 1 (PS4823K), DCF, were announced with closing dates of October 22, 2018, in the same unit scope. The majority of applicants filed for the correct examination. It is noted that over 900 candidates were found eligible to take the PS4837K examination, which was administered on May 4, 2019.

Appellant's argumentThe appellant asserts that she mistakenly applied for the Supervising Family Service Specialist 1 (PS4823K), DCF, examination1 when she should have applied for the Supervising Family Service Specialist 2 (PS4837K), DCF, examination. The appellant explains that she has been experiencing stress since 2013, when her mother was diagnosed with cancer. She is responsible for bringing her mother to doctor’s appointments and weekly treatments. Moreover, during the time of the examination announcements, the appellant states that she was managing a busy workload and mentoring and providing guidance to other employees just coming into the Intake Tier process. This played a role in her mistakenly not filing for the subject examination. The appellant notes that this was the first time an error occurred regarding an examination filing, as she previously was successful in applying for an examination and being placed on an eligible list. In support of her appeal, the appellant outlines the duties of her position, submits a letter from her office manager endorsing her to take the subject examination, and presents her performance reviews with interim and final ratings of “3.” Thus, she requests that she be permitted to file for the PS4837K examination.

Background1 The appellant was found ineligible for PS4823K for being below the minimum requirements in experience.

CONCLUSION

RuleN.J.A.C. 4A:4-6.3(b) states that, except for disqualification for medical or psychological reasons, the appellant shall have the burden of proof in examination and disqualification appeals.

AnalysisIn the instant matter, the explanation submitted by the appellant regarding personal circumstances in dealing with the health issues of a family member and her job functions during the filing period are insufficient to overcome her failure to apply for the correct examination. While the Commission sympathizes with the appellant’s personal circumstances, the fact remains that more than 900 applicants filed for the correct examination by the closing date. Further, In the Matters of Supervising Family Service Specialist 2 (PS1035K), Supervising Family Service Specialist 2 (Bilingual in Spanish and English) (PS1036K), Supervising Family Service Specialist 1 (PS1032K), Supervising Family Service Specialist 1 (PS1015K), and Family Service Specialist 1 (PS2267K), Department of Children and Families, (CSC, decided October 19, 2016), the Commission determined that it would not permit applicants who file for an incorrect examination symbol to file a late application for the correct symbol given that there are numerous warnings provided to ensure the proper symbol is used when initially applying for the test. Accordingly, based on the foregoing, there is not a sufficient basis to grant the appellant’s request.

ORDER

Therefore, it is ordered that this request be denied.

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