Kevin Murray, CSC Docket No. 2019-3036

Appellant's argumentKevin Murray requests that his residency be changed after the closing date for the eligible lists produced from the examination for Fire Fighter (M9999W).

BackgroundThe examination had a closing date of August 31, 2018, and consisted of a written portion, and a physical performance portion which is pass/fail and is administered after list issuance. The appellant passed the written examination and received a final average of 86.161 and his name appeared on four lists, including (M1844W), Jersey City, on which he ranked 218th. On his application, the appellant used a Jersey City residency code, and a Hoboken address. Instructions to candidates were to use a mailing address, but that the residency code should reflect where the candidate actually resides. Candidates needed to indicate the proper code if they also provided a different mailing address. Candidates were told that since eligibility needs to be established as of the closing date of the announcement, the residency code cannot be changed after the closing date, even if the residence address or mailing address is changed.

Appellant's argumentOn appeal, the appellant states that he lives in Hoboken, and he submitted a copy of a lease from June 1, 2017 to May 31, 2019 with a Hoboken address. He was informed that three proofs of residency are required of the address where he resided on or before August 31, 2018. He was asked to provide two more documents, such as a voter registration, library card, driver’s license, utility bill, credit card statement, tax documents, etc., showing residency in Hoboken as of August 31, 2018. In reply, the appellant submitted an invoice from an insurance company with a statement date of June 1, 2019, and a New Jersey Boat Registration Renewal

Application issued May 4, 2019. As these were issued after the closing date, they are not proof of residency. He also submitted a New Jersey Auto Driver License Class D, Boat, that had water damage. The issue date appears to be January 3, 2019, although it could be 2018. It is too unclear to read.

CONCLUSION

RuleN.J.A.C. 4A:4-2.11(e) states that, unless otherwise specified, residency requirements shall be met by the announced closing date for the examination.

AnalysisThe closing date was August 31, 2018, and the appellant indicated on his application that he resided in Jersey City. After receiving his examination results, the appellant maintains that he is a resident of Hoboken, and he sent a copy of his lease. He was asked to provide two other common sources of identification for residency on or before August 31, 2018, and he did not produce those documents. Two proofs were issued after the closing date, and the third was not sufficiently legible. As such, there is insufficient proof of residency to substantiate a residency code change for this application.

ORDER

Therefore, it is ordered that this appeal be denied.

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