Robert Armstrong, CSC Docket No. 2019-3200
NJ Civil Service Commission decision of May 22, 2019, CSC Docket No. 2019-3200: relaxation of a rule, granted. The Department of Human Services, on behalf of Robert Armstrong, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit Mr. Armstrong to donate more that 30 sick da
Commission decisions · Meeting of May 22, 2019
The Department of Human Services, on behalf of Robert Armstrong, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit Mr. Armstrong to donate more that 30 sick days to T.B., who is participating in the Donated Leave Program.
- Matter
- Relaxation of a rule
- Decided
- May 22, 2019, item B-12
- Outcome
- Granted
- Chair at the time
- Deirdre L. Webster Cobb, Chairperson
- Official decision
- Published by CSC in its monthly archive bundle (B-012 05-22-19.pdf)
Action recorded in the minutes: The Civil Service Commission directed that this request be granted.
Rules this decision applies
The decision
BackgroundThe Department of Human Services, on behalf of Robert Armstrong, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit Mr. Armstrong to donate more than 30 sick days to T.B., who is participating in the donated leave program.
Mr. Armstrong, an employee with the Department of Human Services, Division of Developmental Disabilities, previously donated 30 sick days on December 17, 2018 and is requesting to donate an additional 30 sick days to recipient T.B., an employee of the Department of Human Services, Woodbine Developmental Center. The Department of Human Services explains that T.B. has been on a leave of absence since October 18, 2018 and is on an approved leave of absence through October 15, 2019 due to a serious medical condition and continues to receive treatment. Given that Mr. Armstrong will have a remaining sick leave balance of 370.66 days after this donation, the Department of Human Services requests that Mr. Armstrong be permitted to donate an additional 30 sick days to T.B. prior to his retirement effective June 1, 2019.
RuleN.J.A.C. 4A:6-1.22(d) states, in pertinent part, that in State service, a leave donor may not donate more than 30 sick days to any one recipient.
N.J.A.C. 4A:1-1.2(c) provides that a rule may be relaxed for good cause in a particular circumstance in order to effectuate the purposes of Title 11A, New Jersey Statutes.
CONCLUSION
The Department of Human Services, on behalf of Robert Armstrong, requests the relaxation of the provisions of N.J.A.C. 4A:6-1.22 so as to permit Mr. Armstrong to donate more than 30 sick days to T.B., an approved recipient of donated leave. It states that the recipient has been on a leave of absence since October 18, 2018, which is approved to continue through October 15, 2019, as he continues to receive treatment for his condition. Given that Mr. Armstrong will have a remaining sick leave balance of 370.66 days after this donation and his retirement shall be effective June 1, 2019, he will have a sufficient sick leave balance to cover his potential future needs. Under these circumstances, good cause has been established to relax the provisions of N.J.A.C. 4A:6-1.22 to permit Mr. Armstrong to donate an additional 30 sick days to T.B.
ORDER
Therefore, it is ordered that this request be granted.
ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.
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