Tina Toal-Wolford, CSC Docket No. 2020-1209

Appellant's argumentTina Toal-Wolford requests to file a late application for the promotional examination for Senior Unemployment Insurance Clerk (PS0383N), Department of Labor and Workforce Development.

BackgroundThe PS0383N examination at issue was announced with requirements that had to be met as of the August 21, 2019 closing date and was open to the unit scope N861 (UI Operations). There are 69 admitted applicants for the subject examination and the examination has not yet been held. The appellant filed an application for Senior Unemployment Insurance Clerk (PS0385N), Department of Labor and Workforce Development, an examination for the unit scope N864 (Benefit Payment Control), and was found to be eligible as she was employed in unit scope N861.

Appellant's argumentOn appeal, the appellant states that she should be eligible as she had been employed in Unit scope N861 since 2006.

CONLCUSION

RuleN.J.A.C. 4A:4-2.1(e) provides that applications must be filed no later than the announced filing deadline. N.J.A.C. 4A:1-1.2(c) states that the Civil Service Commission (Commission) may relax a rule for good cause in order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisIn this matter, it appears that the appellant mistakenly filed for the wrong examination, as her argument on appeal is her placement in unit scope N861. The record indicates that the examination has not yet been held. The Commission notes 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). Under these circumstances, the Commission finds that there is good cause to relax N.J.A.C. 4A:4-2.1(e) and allow the appellant to file a late application for the subject examination. However, the Commission advises the appellant to ensure that she timely files for any future examination announcements.

This determination is limited to the instant matter and does not provide precedent in any other matter.

ORDER

It is ordered that this request be granted, and Tina Toal-Wolford be permitted to submit a late application for Senior Unemployment Insurance Clerk (PS0383N), Department of Labor and Workforce Development. It is further ordered that Toal- Wolford submit the attached promotional examination application and the $25.00 application processing fee to the Division of Agency Services. The application and processing fee must be postmarked no later than 15 days from the issuance date of this decision. Upon receipt of the application and processing fee, it is ordered that her application be processed. Finally, if Toal-Wolford’s application and the required payment are not postmarked on or before the 15th day after the issuance date of this decision, she 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.