Program Manager ; Disease Prevention/Control (S0844U), CSC Docket No. 2019-411

BackgroundDeelip Mhaske requests reconsideration of the attached final administrative decision, rendered on April 4, 2018, which granted the Department of Health's (DOH) request for a waiver of the appointment requirement for the Program Manager Disease Prevention/Control (S0844U) eligible list. The history of this matter is fully laid out in the attached decision.

In the instant petition to the Civil Service Commission (Commission), the petitioner, who was listed as the third eligible on the subject certification, argues that the Commission erred in granting the appointing authority's appointment waiver request. Rather, he maintains that the DOH should have been required to make an appointment from the subject eligible list as there is a “great need” for this title. In support, he submits organizational charts which he claims highlights the need for the position to be filled. He adds that the DOH should fill this position with a permanent appointment rather than using temporary staffing. Additionally, the petitioner contends that the Center for Disease Control (CDC), which provides federal funding for the program, has recommended the hiring of permanent staff over temporary staff.

CONCLUSION

RuleN.J.A.C. 4A:2-1.6(b) sets forth the standards by which a prior decision may be reconsidered. This rule provides that a party must show that a clear material error has occurred or present new evidence or additional information not presented at the original proceeding which would change the outcome of the case and the reasons that such evidence was not presented at the original proceeding.

AnalysisThe instant request for reconsideration appears to be based on the assertion that the Commission made an error by granting the appointing waiver instead of requiring an appointment to be made as there was a “great need” for the position to be filled. However, a review of the record in the instant matter reveals that reconsideration is not justified. In this regard, the petitioner has failed to provide any documentation which establishes that the Commission’s decision was contrary to the evidence presented. Instead, he merely claims, without presenting any evidence of his assertions, that the CDC requires that the position to be filled by a permanent employee, rather than a temporary employee. Nor, has he presented any evidence that the position is actually being filled by an individual, temporarily or otherwise. Moreover, the Commission has consistently found that nothing in Civil Service system law or rules requires that an appointing authority fill ail of its budgeted positions. See In the Matter of Institutional Fire Chief (MSB, decided January 12, 2005); See also, In the Matter of Todd Sparks (MSB, decided April 6, 2005). Additionally, in the instant matter, the petitioner has failed to establish that there was employee serving provisionally in the subject position at the time of the appointment waiver request, nor is there any evidence that an individual is currently serving in the subject position. Therefore, there is no evidence that a certification for the subject title is required. See e.g., In the Matier of Fire Captain (PM3517F), City of Trenton (MSB, decided August 9, 2006) (The Division of Human Resource Management issued a determination based on its classification review that seven Fire Fighters were performing Fire Captain duties. The Board ordered the City to appoint these seven to Fire Captain or provide evidence that they were no longer performing Fire Captain duties).

Finally, the Commission notes that none of the individuals on the subject list possessed a vested right to an appointment. The only interest that results from placement on an eligible list is that the candidate will be considered for an applicable position so long as the eligible list remains in force. See Nunan v,. Depariment of Personnel, 244 N.J. Super. 494 (App. Div. 1990). Accordingly, since the petitioner has not shown that the Commissions decision in In the Matter of Program Manager Disease Prevention/Control (SO844U), Department of Health (CSC, decided April 4, 2018) was improper, nor has he provided a valid basis to mandate that the appointing authority make an appointment from the subject list, this appeal is denied.

ORDER

Therefore, it is ordered that this request for reconsideration be denied.

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