Markia Fletcher, CSC Docket No. 2019-3601

BackgroundMarkia Fletcher, appeals the removal of her name from the eligible list for Medical Security Officer, Recruit (S0239T), Ann Klein Forensic Center Health on the basis that she did not complete preemployment processing.

The appellant, a non-veteran, took and passed the open-competitive examination for Medical Security Officer, Recruit (S0239T), which had a closing date of May 4, 2015. The resulting eligible list promulgated October 15, 2015 and expired on October 14, 2019. The appellant’s name was certified to the appointing authority on May 9, 2018 with a notice date of May 16, 2018. In disposing of the certification, the appointing authority requested the removal of the appellant’s name on the basis that she did not complete preemployment processing. Specifically, the appointing authority asserts that the appellant never responded to a June 30, 2018 request asking her to call about an interview.

Appellant's argumentOn appeal to the Civil Service Commission (Commission), the appellant claims that the only contact she had with the appointing authority regarding the position of Medical Security Officer, was for a part-time position. She maintains that she told the appointing authority that she was only interested in a full-time position and wished to remain on the eligible list.

The appointing authority, indicates it does not object to the appellant’s restoration.

CONCLUSION

RuleN.J.A.C. 4A:4-4.7(a)6 provides that an eligible’s name may be removed from a list for “non-compliance with the instructions listed on the notice of certification.” N.J.A.C. 4A:4-6.3(b), in conjunction with N.J.A.C. 4A:4-4.7(d), provides that the appellant has the burden of proof to show by a preponderance of the evidence that an appointing authority’s decision to remove her name from an eligible list was in error.

AnalysisThe appointing authority requested the removal of the appellant’s name from the eligible list for Medical Security Officer Recruit (S0239T) on the basis of her failure to complete preemployment process. However, the appellant asserts that she told, the appointing authority she was only interested in a full-time position and requested her name remain on the subject eligible list. Moreover, in response to the appeal the appointing authority indicates that it does not object to the restoration of the appellant’s name to the subject eligible list. Thus, it is appropriate that the appellant’s name be restored to the eligible list for Medical Security Officer, Recruit (S0239T), Ann Klein Forensic Center

ORDER

Therefore, it is ordered that this appeal be granted and the eligible list for Medical Security Officer, Recruit (S0239T), Ann Klein Forensic Center, be revived in order for appellant to be considered for appointment at the time of the next certification for prospective employment opportunities only.

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