Troy Kelsey, CSC Docket No. 2019-3537

Appellant's argumentTroy Kelsey requests to be permitted to submit a late application for the Institutional Trade Instructor 1, Cooking (S0501A), Statewide examination.

BackgroundBy way of background, the announcement for the subject examination was issued on May 1, 2019 and was open to residents of the State of New Jersey who possessed two years of experience in the area of food preparation and processing including but not limited to cooking, baking, meat cutting, pot washing, dishwashing, and the serving of food in a commercial or institution kitchen as of the May 21, 2019 closing date. It is noted that 30 applicants have been admitted to the examination, which has not yet been administered.

On appeal to the Civil Service Commission (Commission), the appellant, an Institutional Trade Instructor 1, Cooking,1 states that he had been provisional in the subject title with the Department of Corrections (DOC) prior to his transfer to the Juvenile Justice Commission (JJC) on March 27, 2019. The appellant asserts that because his supervisor was not notified of the subject examination, he was not notified. After he later learned about the subject examination, he was unable to file prior to the closing date because he does not have routine access to his State email since his department has only one computer that the food service workers have access. Moreover, the appellant states that he was in and out of the hospital which caused him to frequently miss work. Therefore, he asks that his request be granted.

1 Agency records indicate that the appellant has been serving provisionally pending promotional examination procedures in the subject title since February 20, 2016.

CONCLUSION

RuleN.J.A.C. 4A:4-2.1(e) provides that unless otherwise provided for by the Chairperson of the Commission or designee, applications for promotional examinations shall be submitted to the Commission no later than 4:00 p.m. on the announced application filing date. 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.

AnalysisIn the instant matter, the appellant did not submit an application by the closing date for the subject examination. Agency records indicate that the appellant has been serving provisionally in the subject title since 2016, and prior to his transfer to JJC, it is noted that the appellant would have been eligible for future advancements under a previous announcement for the subject title under symbol S0636V that was issued on July 15, 2017 for Northern State Prison, DOC, with a closing date of August 5, 2017.2 Furthermore, the appellant explains the reasons why he did not file a timely application. Under the circumstances presented, the Commission finds that there is good cause to relax N.J.A.C. 4A:4-2.1(e) and allow the appellant to submit a late application for the subject examination.

In that regard, the Commission emphasizes that the dual purpose of the Civil Service system is to ensure efficient public service for State and local governments and to provide appointment and advancement opportunities to Civil Service employees based on their merit and abilities. These interests are best served when more, rather than fewer, individuals are presented with employment opportunities. See Communications Workers of America v. New Jersey Department of Personnel, 154 N.J. 121 (1998).

Finally, the Commission notes that the appellant’s remedy is based on the circumstances of this matter, and for future examination announcements, the appellant must timely file an application. As this remedy is limited to the unique circumstances of this matter, it does not provide a precedent in any other matter.

ORDER

Therefore, it is ordered that this request be granted, and Troy Kelsey be permitted to submit an application for the Institutional Trade Instructor 1, Cooking (S0501A), Statewide examination. It is further ordered that Mr. Kelsey submit a promotional application and the $25.00 application processing fee to the Division of Agency Services within 15 days of the issuance date of this decision. Upon receipt of the application and processing fee, it is ordered that his application be processed

2 The appellant appears on the eligible list for Institutional Trade Instructor 1, Cooking, Northern

State Prison (S0636V), DOC, which promulgated on November 30, 2017 and expires November 29, 2020. Although the list is a State list, the eligible list may only be utilized by Northern State Prison.

for prospective appointment consideration. Finally, if Mr. Kelsey’s application and the required payment are not postmarked within 15 days of the issuance date of this decision, he will not be entitled to have an application for the subject examination processed.

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