Reginald Bledsoe, CSC Docket No. 2020-2255

BackgroundReginald Bledsoe appeals the determination of the Division of Administrative Services denying his request for a make-up examination for Recreation Program Coordinator (C0227A), Essex County.

The appellant was scheduled to take the oral portion of the subject examination on February 25, 2020. On February 11, 2020, the appellant requested a make-up examination stating that he was a member of the Newark Board of Education, and there was a scheduled meeting on that evening. The appellant provided an April 30, 2019 Agenda Item indicating that nine members approved the board meeting calendar, and February 25, 2020 was a meeting date. The Division of Administrative Services denied the request, and the appellant subsequently appealed. He quotes half of N.J.A.C. 4A:4-2.9(a)5 and argues that the meeting date could not have been reasonably changed, and that it had been scheduled since April 30, 2019. It is noted that this examination was competitive with 28 admitted candidates.

CONCLUSION

N.J.A.C. 4A:4-2.9(a), (Make-up examinations), provides that make-up examinations for open competitive and general promotional testing, except for professional level engineering promotional examinations and public safety promotional examinations under (b) below, may be authorized for the following reasons:

1. Error by the Civil Service Commission or appointing authority;

2. Serious illness or disability of the candidate on the test date, provided the candidate submits a doctor's certificate specifying that the candidate was not able to take the test on that day for medical reasons;

3. Documented serious illness or death in the candidate's immediate family;

4. Natural disaster;

5. Prior vacation or travel plans outside of New Jersey or any contiguous state, which cannot be reasonably changed, as evidenced by a sworn statement and relevant documentation;

6. When required for certain persons returning from military service (see N.J.A.C. 4A:4-4.6A); and

7. Other valid reasons.

The record establishes that the appellant was scheduled to take the examination on February 25, 2020, and did not do so. The appellant’s reliance on N.J.A.C. 4A:4-2.9(a)5 is misplaced, as he was not traveling or vacationing outside of New Jersey or any contiguous state. Essentially, he was faced with a scheduling conflict. While it is clear that the meeting date, which involved approval by nine board members and a resolution to accept the meeting dates, could not be changed, it is not clear that the appellant’s attendance was mandatory on February 25, 2020. A scheduling conflict is not a valid reason for a make-up examination. See In the Matter of Geraldine Ruggiero, Supervisor 1 (PS6151M), The Judiciary (MSB, decided April 21, 2004) and In the Matter of Scott Hiltner, Parole Officer Recruit (S2035E) and Probation Officer (S0148E) (MSB, decided August 11, 2004). Thus, appellant’s situation does not meet the criteria for a make-up examination.

ORDER

Therefore, it is ordered that this appeal be denied.

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