Monique K. Ankum, CSC Docket No. 2020-1676

BackgroundMonique K. Ankum appeals the removal of her name from the eligible list for Sheriff’s Officer (S9999U), Essex County on the basis that she failed to respond to the certification notice.

The appellant, a non-veteran, took and passed the open-competitive examination for Sheriff’s Officer (S9999U), which had a closing date of August 31, 2016. The resulting eligible list promulgated March 29, 2017 and expired on May 14, 20201. The appellant’s name was certified to the appointing authority on March 26, 2019, with a notice date of April 2, 2019. In disposing of the certification, the appointing authority requested the removal of the appellant’s name on the basis that she failed to respond to the certification notice.

Appellant's argumentIn support of her appeal to the Civil Service Commission (Commission), the appellant submits a sworn, notarized statement indicating that she did not receive the April 2, 2019 certification notice.

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.”

Analysis1 Agency records indicate that the subject eligible list was extended to the new list (S9999A) promulgated on May 15, 2020.

N.J.A.C. 4A:4-6.3(b), in conjunction with N.J.A.C. 4A:4-4.7(d), provides that the appellant has the burden of proof to show by a preponderance of the evidence that an appointing authority’s decision to remove her name from an eligible list was in error.

The appointing authority requested the removal of the appellant’s name from the eligible list for Sheriff’s Officer (S9999U) on the basis of her failure to respond to the April 2, 2019 certification notice. However, the appellant has submitted a sworn, notarized statement, attesting to the fact that she did not receive the certification notice. Where there is a presumption that mail correctly addressed, stamped and mailed was received by the party to whom it was addressed, the appellant has rebutted that presumption in submitting her sworn, notarized statement. See SSI Medical Services, Inc. v. State Department of Human Services, 146 N.J. 614 (1996); Szczesny v. Vasquez, 71 N.J. Super. 347, 354 (App. Div. 1962); In the Matter of Joseph Bahun, Docket No. A-1132-00T5F (App. Div. May 21, 2001). Thus, it is appropriate that her name be restored to the subject eligible list.

ORDER

Therefore, it is ordered that this appeal be granted and the eligible list for Sheriff’s Officer (S9999U), Essex County, be revived in order for 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.