Matthew McIntosh, CSC Docket No. 2019-2650

BackgroundThe Office of the Attorney General, Department of Law and Public Safety, Division of State Police requests that the eligible lists for Assistant Crew Supervisor Mechanics (PS0581P) and Fingerprint Processing Technician 2 (PS0342P) be revived to allow for the permanent appointments of Matthew McIntosh, Gregory Williams and Chrystal McNeil.

By way of background, the subject promotional lists were announced with closing dates of December 31, 2015 and expired on December 30, 2018. The Assistant Crew Supervisor (PS0581P) eligible list, was certified six times and seven appointments were made. At the time the Assistant Crew Supervisor (PS0581P) eligible list expired, there were 14 active eligibles on the list including McIntosh. The Fingerprint Processing Technician 2 (PS0342) eligible list was certified two times and five appointments were made. At the time the Fingerprint Processing Technician 2 (PS0342P) eligible list expired there were 3 active eligibles on the list including Williams and McNeil. It is noted that McIntosh, Williams and McNeil would all be reachable for appointment on their respective eligible lists. There are currently no promotional announcements scheduled for both titles and unit scopes.

On February 19, 2019, the Division of State Police received a freeze exemption to fill positions in these titles for the above-named individuals. However, the subject eligible list had already expired on December 30, 2018. Therefore, it was unable to obtain the requested certifications and it was unable to timely request extensions of the eligible lists.

The Division of Agency Services indicates it support for the instant request.

CONCLUSION

N.J.S.A. 11A:4-6 and N.J.A.C. 4A:4-3.4 provide that an eligible list may be revived in order to implement a court order or decision of the Civil Service Commission in the event of a successful appeal instituted during the life of a list, to correct an administrative error, or for other good cause. N.J.S.A. 11A:4-6 and N.J.A.C. 4A:4- 3.3(b)1 provide that no list shall have a duration of more than four years.

In the present matter, the record establishes that the appointing authority requested and received freeze exemption to fill promotional positions in the titles of Assistant Crew Supervisor Mechanics and Fingerprint Processing Technician 2. However, the subject eligible lists had already expired on December 30, 2018 when the freeze exemptions were received. Therefore, the subject eligible lists could not be certified to effectuate the appointments of McIntosh, Williams and McNeil. Under these circumstances, good cause has been presented to revive the subject eligible lists to allow for a one-time certification from each list.

ORDER

Therefore, it is ordered that this request be granted and the eligible lists for Assistant Crew Supervisor Mechanics (PS0581P) and Fingerprint Processing Technician 2 (PS0342P), Division of State Police, be revived to allow for one-time certifications.

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