Assistant Fiscal Officer (C0835T), CSC Docket No. 2019-3107

In In the Matter of Assistant Fiscal Officer (C0835T), Burlington County Board of Social Services (CSC, decided March 9, 2017) (attached), the Civil Service Commission (Commission) granted the Burlington County Board of Social Services’ (BCBSS) request for an appointment waiver from the April 15, 2016 certification and ordered that no selection costs would be assessed at that time since there was a possibility that the list could be utilized prior to its expiration. However, the BCBSS did not utilize the subject eligible list and the matter of the assessment of costs is now before the Commission.

BackgroundIt is noted that, in the prior matter, the BCBSS cited unforeseen budgetary constraints and its intention to use the subject eligible list in support of its requests for an appointment waiver and a waiver of selection costs.

After the expiration of the subject eligible list on April 13, 2019, the BCBSS was notified that since the eligible list was not utilized by its expiration date, the matter of the costs for the selection process in the amount of $2,048 would be forwarded to the Commission for a determination. The BCBSS did not submit any arguments in response.

CONCLUSION

N.J.S.A. 11A:4-5 and N.J.A.C. 4A:10-2.2(a)2 state that if an appointing authority receives permission not to make an appointment, it can be ordered to reimburse the costs of the selection process. While administering examinations and providing the names of eligible job candidates to the jurisdictions under the Civil Service system are two of the primary activities of this agency, these costly efforts are thwarted when appointing authorities fail to utilize the resulting eligible lists to make appointments and candidates have needlessly expended their time, effort and money to take these examinations in hopes of being considered for a permanent appointment. The amount of $2,048 has been determined to be the cost of the selection process for open-competitive examinations for local government positions. In the instant situation, although the BCBSS had shown a valid reason for not making an appointment from the subject eligible list, it failed to provide a sufficient basis for not being charged for the costs of the selection process which produced the subject eligible list. In this regard, it is noted that the BCBSS initiated the request that an examination for the title of Assistant Fiscal Officer to be announced. Moreover, only after the certification was issued did the BCBSS request that it be cancelled. Furthermore, although the BCBSS had originally indicated that it might utilize the subject eligible list in the future, it failed to do so. Finally, although the Commission is sympathetic to the fiscal constraints faced by the BCBSS, those constraints are no more significant than those faced by any other New Jersey municipal agency. Thus, it is appropriate that the BCBSS be assessed the costs of the selection process.

ORDER

Therefore, it is ordered that the Burlington County Board of Social Services be assessed the costs of the selection process in the amount of $2,048, to be paid within 30 days of the issuance of this decision.

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