CRYSTAL REED, CSC Docket No. 2019-2467

BackgroundCrystal Reed requests that she be permitted to submit an application for the promotional examination for Police Sergeant (PM2540W), Newark, after the application deadline provided in In the In the Matter of Crystal Reed, Police Sergeant (PM2540W), Newark (CSC, decided December 15, 2021). A copy of that decision is attached hereto and incorporated herein.

As provided in the original decision, the announcement for the subject examination was issued on October 1, 2018 with an application filing deadline of October 22, 2018 and all applications had to have been received by that date. The subject examination was administered on February 23, 2019.1 In her appeal, Reed indicated that she was “placed on leave as of June 18, 2018 and have an anticipated return to duty date of March 4, 2019.” She argued that she was not notified of the subject announcement. The Commission noted that Newark was contacted on numerous occasions regarding this matter and in an email sent on November 9, 2021, Captain Tawana Rollins, Chief of Staff, Department of Public Safety, Police Division, City of Newark, confirmed that Reed was on leave during the application filling period and that an “announcement went on May 28, 20[18] in which she was still active full duty.” In this regard, Rollins provided a copy of the May 28, 2018 “announcement,” a Department of Public Safety Memorandum dated May 29, 2018 from Anthony F. Ambrose, Public Safety Director, regarding “Police Promotional Schedule for 2018 Police Sergeant and Lieutenant,” which indicated, in part, that an announcement for Police Sergeant was scheduled to be issued on October 1, 2018 with an application filing deadline of October 22, 2018. Captain Rollins did not indicate that Reed was contacted while she was out on leave and notified of the subject announcement. The Commission noted that there was no evidence in the record that the appointing authority attempted to contact Reed while she was on leave to ensure that she was aware of the subject announcement. The Commission determined that the memorandum, which was dated four months prior to the issue date of the announcement, did not meet the requirements of N.J.A.C. 4A:4-2.1(b). Moreover, Captain Rollins verified that Reed was on leave during the entire application filing period. Accordingly, the Commission determined, based on equitable grounds, that it was appropriate to relax the provisions of N.J.A.C. 4A:4- 2.1(e) and permit Reed to file an application for the PM2540W examination. The Commission ordered, in part, that the completed application and processing fee must be postmarked no later than 15 days from the issuance date of the decision and that failure to file the application and processing fee within the time provided would result in rejection from the examination process.

1 It is noted that Reed applied for and was admitted to the subsequent examination for Police Sergeant (PM4605C), Newark, which was administered on February 26, 2022.

On appeal, Reed indicates that a copy of the original decision was emailed to her work email address.2 Reed explains that she was on sick leave during the month of December and did not see the email until she returned to work which was after the deadline indicated in the decision. In support of her request, Reed provides a copy of a diagnostic report dated December 28, 2021; and the completed application for the PM2540W examination and the requisite application processing fee.

CONCLUSION

In the present matter, the original decision was sent via email to the appellant’s work email address on December 21, 2021. As indicated by the appellant, she was on leave during this time and she was not able to respond within the timeframe indicated in the original decision.

ORDER

Therefore, it is ordered that this request be granted and the appellant be admitted to the subject examination.

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

2A review of the record finds that the original decision was sent by email to the email address that was available, i.e., the appellant’s work email address, on December 21, 2021.