Mumin Dalip, CSC Docket No. 2020-1379

BackgroundMumin Dalip appeals the determination of the Division of Agency Services (Agency Services) that he did not meet the experience requirements for the promotional examination for Senior Repairer (PS9696J), William Paterson University.

The examination at issue was announced open to those with one year of continuous permanent service as a Repairer and who met specific requirements as of the May 21, 2019 closing date. The requirements for the subject examination were two years of experience in work involving the inspection, repair and general maintenance of household, office and other equipment, fixtures, fittings, appliances, machinery, furnishings, and buildings. A total of three employees applied for the subject examination and two were found eligible. Certification PS191453 was issued containing the two names and its disposition has not yet been returned. The list expires on October 23, 2022.

Personnel records indicate that the appellant was provisionally serving in the subject title from July 2018 to the May 21, 2019 closing date, a Repairer from December 2013 to July 2018, a Helper from August 2011 to December 2013, and a Senior Building Maintenance Worker from July 2007 to August 2011. Agency Services determined that although the appellant met the continued permanent service requirement, he was not eligible as his application was incomplete since he did not list any experience.

Appellant's argumentOn appeal, the appellant describes his duties in the aforementioned titles. Specifically, he describes in detail how he performed the required duties as a Senior Repairer and Repairer from December 2013 through the present.

CONCLUSION

RuleN.J.A.C. 4A:4-2.1(f) provides that an applicant may amend a previously submitted application only prior to the announced closing date. N.J.A.C. 4A:1-1.2(c) provides that a rule may be relaxed for good cause in a particular circumstance in order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisInitially, Agency Services correctly determined that the appellant was not eligible for the subject examination as he did not list any experience on his application. On appeal, the appellant demonstrated that he has more than two years of the required experience. However, the importance of submitting a properly completed application that includes all of the necessary information cannot be overstated, since a complete application provides the only reliable barometer by which Agency Services can make the initial determination whether to admit or reject an applicant. Agency Services has no other tool to rely on in order to make this important initial assessment in an expeditious, fair and efficient manner.

Although N.J.A.C. 4A:4-2.1(f) proscribes the amendment of an application after the closing date set in the announcement, the Civil Service Commission (Commission) notes circumstances present that provide good cause to permit the appellant to amend his application in this particular matter. Specifically, there are only two names on the subject eligible list. Additionally, the appellant continues to serve provisionally in the subject title. Further, 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). In this regard, the Commission finds that the appellant has demonstrated that he has the required experience, which, based on the circumstances presented, warrants his admission to the subject examination. Accordingly, good cause is established to relax the provisions of N.J.A.C. 4A:4-2.1(f) and admit the appellant.

The Commission cautions the appellant that, in the future, he should ensure that any applications are fully and completely filled out as his failure to do so will be cause for rejection from the selection process. Finally, this determination is limited to the instant matter and does not provide precedent in any other matter.

ORDER

Therefore, it is ordered that the appeal be granted, and the appellant’s application be processed for prospective employment opportunities only.

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