Representative Citizens Complaints (M0O767V), CSC Docket No. 2019-856

BackgroundThe Division of Agency Services (Agency Services) requests that the City of Jersey City (Jersey City) be ordered to return the January 18, 2018 certification (OL180058) of the eligible list for Representative Citizens Complaints (M0767V), for proper disposition.

By way of background, on January 18, 2018, certification OL180058 containing four names was issued to Jersey City with a disposition due date of April 18, 2018. Agency Services notified Jersey City that the certification was overdue on May 21, 2018 and June 26, 2018. However, Jersey City failed to return the certification. Subsequently, Agency Services referred the matter to the Civil Service Commission (Commission) for enforcement.

Jersey City was notified that the matter had been referred to the Commission for enforcement and it was advised that any failure on its part to return the certification could subject it to the assessment of costs, charges and fines pursuant to N.J.A.C. 4A:10-2.2(b).

Despite additional opportunities to do so, Jersey City has not returned the certification as requested nor has it submitted any additional information.

CONCLUSION

RuleN.J.A.C, 4A:4-4.8(b) requires an appointing authority to notify Agency Services of the disposition of a certification by the disposition due date in the manner prescribed by this agency. Clearly, Jersey City has violated this vital regulation. The Commission is specifically given the power to assess compliance costs and fines against an appointing authority, including all administrative costs and charges, as well as fines of not more than $10,000, for noncompliance or violation of Civil Service law or rules or any order of the Commission. N.d.S.A. 11A:10-3; N.JA.C. 4A:10-2.1(a)2. See In the Matter of Fiscal Analyst (M1351H), Newark, Docket No. A-4347-87T3 (App. Div. February 2, 1989). Therefore, Jersey City is ordered to return the certification within 30 days of the issuance of this decision. If, at any time, Jersey City does not adhere to the timeframes for the proper certification disposition without an approved extension of time, it shall be assessed fines of $100 per day for each day of continued violation up to a maximum of $10,000.

ORDER

Therefore, it is ordered that Jersey City properly dispose of the January 18, 2018 certification (OL180058) of the eligible list for Representative Citizens Complaints (M0767V), within 30 days of the issuance of this decision.

Moreover, the Commission orders that the costs incurred by this agency in the compliance process be assessed against Jersey City in the amount of $1,000, pursuant to N.J.S.A. 11A:10-3 and N.J.A.C, 44:10-3.2(a)5, to be remitted within 30 days of the issuance of this decision.

If, at any time, Jersey City does not adhere to the timeframes for the proper certification disposition without an approved extension of time, it shall be assessed fines of $100 per day for each day of continued violation up to a maximum of $10,000.

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