M.B. Program Support Specialist 2, CSC Docket No. 2020-254

BackgroundM.B. requests to be permitted to submit a late application for the Program Support Specialist 2, Assistance Programs (PS4445K), Department of Children and Families (DCF), examination.

By way of background, the announcement for the subject examination was issued on July 1, 2018 and was open to employees in the competitive division who were currently serving as a Program Support Specialist 3, Assistance Programs, and possessed an aggregate of one year of continuous permanent service as of the July 23, 2018 closing date or to employees in the competitive division who had an aggregate of one year of continuous permanent service in any competitive title and met the open competitive requirements. It is noted that an examination for the subject title was administered on December 19, 2019 and a list was promulgated on January 23, 2020, consisting of 10 candidates eligible for future advancement. Additionally, a certification was issued on February 27, 2020 against six provisionals and is pending final approval.

On appeal to the Civil Service Commission (Commission), the appellant, a Program Support Specialist 2,1 states that at the time of the announcement she was in the ninth month of her pregnancy and was scheduled to begin a leave of absence on July 24, 2018. The appellant further indicates that, during the final weeks of her pregnancy and prior to the start of her leave, she developed complications surrounding the health of her child and required emergency care. In addition, after giving birth she was diagnosed with Post-Partum Mood Disturbance. In support of her appeal, the appellant provides copies of medical documents from Ocean Obstetric & Gynecologic Associates, Monmouth Medical Center and a Physician Progress Report on the diagnoses and treatment of her medical conditions.

1 Agency records indicate that the appellant has been serving provisionally pending promotional procedures as a Program Support Specialist 2 since February 3, 2018.

Appellant's argumentLastly, the appellant asserts that she forgot to apply for the subject examination due to her circumstances at that time. However, she later tried to apply for the examination, not realizing that the closing date had passed, and that she had mistakenly applied for a different Program Support Specialist 2, Assistance Programs (PS4586K), DCF examination which had a closing date of August 21, 2018. It is noted that she was found ineligible for that examination because she was not employed in the announced unit scope. Therefore, she requests to be allowed to submit a late application for the subject examination.

CONCLUSION

RuleN.J.A.C. 4A:4-2.1(e) provides that unless otherwise provided for by the Chairperson of the Commission or designee, applications for promotional examinations shall be submitted to the Commission no later than 4:00 p.m. on the announced application filing 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.

AnalysisIn the instant matter, the appellant did not submit an application by the closing date for the subject examination and mistakenly applied for the wrong examination. The Commission generally denies requests to accept late examination applications, as N.J.A.C. 4A:4-2.1(e) requires applicants to file their applications by the closing date. In that regard, in In the Matters of Supervising Family Service Specialist 2 (PS1035K), Supervising Family Service Specialist 2 (Bilingual in Spanish and English) (PS1036K), Supervising Family Service Specialist 1 (PS1032K), Supervising Family Service Specialist 1 (PS1015K), and Family Service Specialist 1 (PS2267K), Department of Children and Families, (CSC, decided October 19, 2016), the Commission determined that it would not permit applicants who file for an incorrect examination symbol to file a late application for the correct symbol given that there are numerous warnings provided to ensure the proper symbol is used when initially applying for the test. However, under the circumstances presented by M.B. and the fact that she is still serving provisionally in the title, the Commission finds that there is good cause to relax N.J.A.C. 4A:4-2.1(e) and allow the appellant to submit a late application for the subject examination.

The Commission emphasizes 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).

Finally, the Commission notes that the appellant’s remedy is based on the particular circumstances of this matter, and for future examination announcements, she must timely file an application. As this remedy is limited to the unique circumstances of this matter, it does not provide a precedent in any other matter.

ORDER

Therefore, it is ordered that this petition be granted, and M.B. be permitted to submit an application for the Program Support Specialist 2, Assistance Programs (PS4445K), DCF examination. It is further ordered that M.B. submit a promotional application and the $25.00 application processing fee to the Division of Agency Services within 15 days of the issuance date of this decision. Upon receipt of the application and processing fee, it is ordered that her application be processed for prospective appointment consideration. Finally, if M.B.’s application and the required payment are not postmarked within 15 days of 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.