Vanessa Bardachino, CSC Docket No. 2020-1971

Appellant's argumentVanessa Bardachino requests to file a late application for the promotional examination for Investigator 1, Child Protection (PS5748K), Department of Children and Families.

BackgroundThe PS5748K examination at issue was announced with requirements that had to be met as of the December 23, 2019 closing date. There were six applicants and the examination has not yet been scheduled. The appellant is employed by the appointing authority serving provisionally in the subject title.

Appellant's argumentOn appeal, the appellant indicates that she was on leave during the period that the subject examination announcement was issued on December 1, 2019 through the December 23, 2019 closing date. She submits documents to support her statement. The appellant indicates that her mail was going to her mother’s house. However, although the appointing authority sent notice of the subject promotional examination to her mother’s house, her mother did not understand the importance of the letter and did not bring it to her until December 23, 2019. The appellant explains that she attempted to submit her application for the subject examination on December 23, 2019, but was unable to do so due to technical reasons. She states that she contacted this agency and representatives from the customer service team helped her resolve the technical issues. However, by the time she could log in, it was a few minutes past 4:00 p.m. on the closing date and she was unable to file.

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, the appellant explains that she was on leave during the time that the subject examination was announced and did not receive notice until the December 23, 2019 closing date. Further, she attempted to file her application on that date, but experienced technical difficulties. The appellant indicates that she contacted this agency’s customer service team who helped her work through the issues. However, by the time the appellant could file, it was past the 4:00 p.m. deadline on the closing date. 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.

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 Vanessa Bardachino be permitted to submit a late application for Investigator 1, Child Protection (PS5748K), Department of Children and Families. It is further ordered that Bardachino submit the attached promotional 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 his application be processed. Finally, if Bardachino’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.