Spencer Trejo, CSC Docket No. 2020-1308

BackgroundSpencer Trejo appeals the removal of his name from the County Police Officer (S9999U), Camden County eligible list for failure to respond to the certification notice.

The appellant’s name was certified (OL190434) to the appointing authority on April 16, 2019. The appellant was sent notice of the subject certification on or around April 24, 2019. As the appellant did not respond, his name was removed from the list. The list expired on May 1, 2020.

Appellant's argumentOn appeal, the appellant indicates that he has been deployed in the Middle East since January 2019 as part of Operation Enduring Freedom and will return in the 2020-2021 winter. He attaches his deployment orders which confirm his statement.

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) provides that an appellant has the burden of proof to show that an appointing authority’s decision to remove the appellant’s name from an eligible list was in error.

AnalysisIn the instant matter, the appellant submits documentation to confirm his claim that he was on active military duty at the time he was sent the certification notice. Therefore, under these circumstances, the appellant’s name should be restored to the subject eligible list for County Police Officer (S9999U), Camden County. Since the S9999U eligible list expired on May 1, 2020, it is appropriate to revive that list at the time of the next certification to allow the appellant to be considered for prospective appointment.

ORDER

Therefore, it is ordered that this appeal be granted and the list for County Police Officer (S9999U), Camden County be revived in order for the 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.