Terrell Brown, CSC Docket No. 2020-1086
NJ Civil Service Commission decision of January 15, 2020, CSC Docket No. 2020-1086: request for enforcement, denied. Terrell Brown requests that he be permitted to amend his residency on his application after the closing date for the Entry Level Law Enforcement Examination (S9999A).
Commission decisions · Meeting of January 15, 2020
Terrell Brown requests that he be permitted to amend his residency on his application after the closing date for the Entry Level Law Enforcement Examination (S9999A).
- Matter
- Request for enforcement
- Decided
- January 15, 2020, item B-29
- Outcome
- Denied
- Examination
- S9999A
- Chair at the time
- Deirdre L. Webster Cobb, Chairperson
- Official decision
- Published by CSC in its monthly archive bundle (B-029 01-15-20.pdf)
Action recorded in the minutes: The Civil Service Commission directed that this request be denied.
Rules this decision applies
The decision
Appellant's argumentTerrell Brown requests that he be permitted to amend his residency on his application after the closing date for the Entry Level Law Enforcement Examination (S9999A).
BackgroundBy way of background, the announcement for the subject examination was issued on July 1, 2019 with closing date of August 31, 2019. A review of the record indicates that on August 22, 2019, the appellant filed an application on which he listed a Neptune address and indicated a Neptune residency. It is noted that the appellant is scheduled to take the subject test on December 14, 2019.
Appellant's argumentIn an appeal filed October 4, 2019, Brown presents that “as of October 1, 2019 my address will change to . . . Irvington . . .” and provided a copy of a lease, beginning on October 1, 2019, for the indicated Irvington address. In a subsequent letter filed on December 2, 2019, Brown asserts that when he applied for the subject test, he “was still working at Neptune Township Police Department. Later in September I was contacted by Irvington Police department for an interview and later on was hired the last week of September.1 I then moved into Irvington Township [on] October 1 . . . I learned that Irvington was Civil Service and was told that I would have to contact Division of Appeals and Regulatory Affairs. I called . . . and was told that I had to write a letter proving my address change so they could fix
Background1A review of the appellant’s CAMPS record finds that Brown was hired by Irvington as a Special Law
Enforcement Officer effective September 16, 2019. It is noted that the Special Law Enforcement Officer title is an unclassified title to which permanent appointments cannot be made. See N.J.S.A. 40A:14-146.8 et seq.
my residency. I then copied my leasing information with a letter stating I moved from my previous address . . . I was told by someone that worked the desk of Appeals that my address was successfully changed. Later on I was called again by Appeals stating that my address is the same.”
CONCLUSION
RuleN.J.A.C. 4A:4-2.1(f) permits an applicant to amend a previously submitted application prior to the filing closing date. As noted previously, the announcement indicated that the closing date was August 31, 2019.
AnalysisIt is noted that the 2019 Entry Level Law Enforcement Administrative Guide (Guide), which was available on the Commission’s website, provides:
How do I notify the CSC about a change in my name, mailing address, or email address?
You must immediately notify the CSC in writing if you change your name, mailing address, or email address, or if it is printed incorrectly on a notice that you receive from the CSC. For security reasons, changes cannot be made from telephone calls. To ensure that your records are updated correctly, please include the following in your request for change:
1. Your name;
2. Your social security number (if you have instead been assigned a unique number for the examination process, include that number);
3. Your new mailing address, including zip code;
4. Where you actually live, if it is different from your mailing address;
5. Your daytime telephone number;
6. Your current e-mail address; and
7. The effective date of the change.
This information may be mailed or faxed as follows:
NJCSC Information Center
P. O. Box 310
Trenton, NJ 08625-0310
Fax: (609) 984-1064
You may also submit the request electronically through our website at https://www.nj.gov/csc/authorities/faq/seekers/Address%20Change.pdf.
Does changing my address after the Closing Date affect my eligibility for appointment?
Since eligibility needs to be established as of the Closing Date of the announcement, your residency code cannot be changed after the
Closing Date, even if you change your residence address or mailing address. If you change your residence to another jurisdiction after the closing date, you may not be eligible for appointment in your former or new jurisdiction. Please research with both jurisdictions to see how their residency requirements will affect you before you change your residence address or mailing address.2
It is noted that in a letter dated October 23, 2019 from the Division of Appeals and Regulatory Affairs staff, the appellant was advised of the foregoing information. The appellant does not indicate that he has followed the above noted address change procedure or provided evidence of such.
In addition, even assuming that the appellant followed the appropriate address change procedure, as indicated above, a candidate’s residency code cannot be changed after the closing date, August 31, 2019. The appellant indicates that he moved on October 1, 2019 and provides a copy of the lease for the Irvington address which began on October 1, 2019, a month after the closing date.
It is further noted that a jurisdiction may certify names from municipal, county or state lists, in that order. See N.J.S.A. 40A: 14-123.la. Thus, a municipality may grant residents preference in appointment to Police Officer positions. Furthermore, it is noted that each jurisdiction has its own residency requirement, which must be met by the closing date. The Civil Service Commission does not have authority over the establishment of this requirement. Some jurisdictions only require candidates to be residents as of the closing date, while others also require that residency be maintained up to the date of appointment. See N.J.A.C. 4A:4-2.11(c).
ORDER
Therefore, it is ordered that this appeal be denied.
ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.
2 It is noted that this information was also presented on the Commission’s website under Frequently
Asked Questions (FAQs) regarding the Entry Level Law Enforcement Examination (LEE) (S9999A) (https://www.state.nj.us/csc/authorities/faq/safety/lee.html).
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