Research Assistant (M0086S), CSC Docket No. 2019-2025

BackgroundThe Division of Agency Services (Agency Services) requests that the Jersey City Redevelopment Agency (JCRA) be ordered to return the July 1, 2016 certification (OL160807) of the eligible list for Research Assistant for proper disposition.

By way of background, JCRA requested that a certification for the subject title be issued to it. As a result, on July 1, 2016, a certification (OL160807) of three names was issued to JCRA. Agency Services notified JCRA that the certification was overdue on November 7, 2016 and December 12, 2016 and requested that JCRA return the certification. However, JCRA failed to return the certification. Subsequently, Agency Services referred the matter to the Civil Service Commission (Commission) for enforcement.

In the notifications sent to JCRA by Agency Services, it was notified that the matter had been referred to the Commission for enforcement and it was advised that any failure on its part to return the certification could subject it to the assessment of costs, charges and fines pursuant to N.J.A.C. 4A:10-2.2(b). The December 12, 2016 notification also indicated that the appointing authority could appeal the matter to the Commission if it believed that the there was an error in the process. However, no appeal was filed with the Commission and JCRA has not returned the certification as requested nor has it submitted any additional information.

CONCLUSION

RuleN.J.A.C. 4A:4-4.8(b) requires an appointing authority to notify Agency Services of the disposition of a certification by the disposition due date in the manner prescribed by this agency. Clearly, JCRA has violated this vital regulation. The Commission is specifically given the power to assess compliance costs and fines against an appointing authority, including all administrative costs and charges, as well as fines of not more than $10,000, for noncompliance or violation of Civil Service law or rules or any order of the Commission. N.J.S.A. 11A:10-3; N.J.A.C. 4A:10-2.1(a)2. See In the Matter of Fiscal Analyst (M1351H), Newark, Docket No. A-4347-87T3 (App. Div. February 2, 1989). Therefore, JCRA is ordered to return the certification to Agency Services within 20 days of the issuance date on this decision this decision. If, at any time, JCRA does not adhere to the timeframes for the proper certification disposition without an approved extension of time from Agency Services, this matter may be referred back to the Commission for consideration of the assessment of fines and compliance costs.

ORDER

Therefore, it is ordered that JCRA properly dispose of the July 1, 2016 certification (OL160807) of the eligible list for Research Assistant within 20 days of the issuance date noted on the first page of this decision.

If, at any time, JCRA does not adhere to the timeframes for the proper certification disposition without an approved extension of time from Agency Services, this matter may be referred back to the Commission for consideration of the assessment of fines and compliance costs up to a maximum of $10,000.

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