Adam LaCicero, CSC Docket No. 2020-170
NJ Civil Service Commission decision of September 10, 2019, CSC Docket No. 2020-170: certification or appointment, granted. The Division of Agency Services, on behalf of the Borough of Lavallette, requests that Adam LaCicero be provided with a retroactive regular appointment to the title of Police S
Commission decisions · Meeting of September 10, 2019
The Division of Agency Services, on behalf of the Borough of Lavallette, requests that Adam LaCicero be provided with a retroactive regular appointment to the title of Police Sergeant, effective January 23, 2018.
- Matter
- Certification or appointment
- Decided
- September 10, 2019, item B-43
- Outcome
- Granted
- Chair at the time
- Deirdre L. Webster Cobb, Chairperson
- Official decision
- Published by CSC in its monthly archive bundle (B-043 09-10-19.pdf)
Action recorded in the minutes: The Civil Service Commission directed that this request be granted.
Rules this decision applies
The decision
BackgroundThe Division of Agency Services (Agency Services), on behalf of the Borough of Lavallette, requests that Adam LaCicero be provided with a retroactive regular appointment to the title of Police Sergeant, effective January 23, 2018.
By way of background, LaCicero appeared as the first ranked eligible on the eligible list for Police Sergeant, Lavallette (PM0162S), which issued November 9, 2016 and will expire November 16, 2019. Due to an administrative error, the appointing authority failed to provisionally appoint LaCicero to Police Sergeant or to certify the eligible list. However, LaCicero had been promoted to Police Sergeant and was performing the duties of that title since January 23, 2018 following the passage of a resolution by the Borough Council. Lavallette has verified that LaCicero has been performing the duties of a Police Sergeant since that date and it desires to correct LaCicero’s employment record. Agency Service recommends a retroactive appointment for LaCicero in the title Police Sergeant.
CONCLUSION
RuleN.J.A.C. 4A:4-1.10(c) provides that the Commission may order a retroactive appointment date due to an administrative error, administrative delay or other good cause.
AnalysisIn the instant matter, there is no basic factual dispute but, rather, the central issue involves providing a retroactive regular appointment to the title of Police Sergeant, effective January 23, 2018, for LaCicero. He has been performing the duties of Police Sergeant since January 23, 2018 and he is reachable under the “rule of three” in accordance with N.J.A.C. 4A:4-4.8. However, due to an administrative error, Lavallette did not request a certification at the time it approved LaCicero for promotion. Under these circumstances, LaCicero should receive a regular appointment retroactive to January 23, 2018, and he shall be considered to have commenced his working test period on January 23, 2018.
ORDER
Therefore, it is ordered that the request be granted, and LaCicero be provided with a regular appointment as Police Sergeant, effective January 23, 2018. LaCicero’s personnel record should be amended in accordance with this decision.
ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.
Later decisions that cite this one
- CHRISTIAN LACICERO (January 19, 2022)
About this page
Not an official copy. The decision of record is CSC's monthly archive. The text above was extracted from it and may differ in layout or, rarely, in a character.
Names appear as the Commission published them in its public minutes and decisions, initials where it used initials. This site does not offer a search by a person's name.
The labels are ours. The kind of matter and the outcome are our reading of the minutes; the ACTION text the Commission recorded is quoted verbatim above. A decision applies the rules to its own facts and is not a prediction for any other matter, and nothing here is legal advice.
To report an error on this page, use the contact form.