LaToya Harris, CSC Docket No. 2020-2669

BackgroundLaToya Harris requests to have her application for Parole Officer Recruit, Bilingual in Spanish and English (S1001A), Statewide applied to Parole Officer Recruit (S1000A), Statewide.

The examination at issue was announced with requirements that had to be met as of the June 21, 2019 closing date. Applications needed to be filed by 4:00 p.m. on the closing date. Agency records indicate that nearly 1,200 candidates applied for the subject examination. Certification OS200192 has been issued and its disposition is due November 15, 2020. The list expires on May 14, 2021.

Appellant's argumentOn appeal, the petitioner states that she accidentally submitted her application for Parole Officer Recruit, Bilingual in Spanish and English (S1001A) instead of Parole Officer Recruit (S1000A). She presents that she was unaware that there were two separate examination and she does not speak Spanish. She states that she realized her mistake when she learned that other candidates started to receive application packets from the State Parole Board, and she did not. The petitioner asserts that she has been waiting for the opportunity to become a Parole Officer Recruit for several years, she received a 98.6 on the Law Enforcement Examination, and she has been working hard to put herself in the best position to become a Parole Officer Recruit. Therefore, the petitioner requests that either her application for the (S1001A) examination be applied to the (S1000A) examination, or she be allowed to submit an application for the (S1000A) examination after the closing date.

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 petitioner asserts that she mistakenly applied for the Parole Officer Recruit, Bilingual in Spanish and English (S1001A), Statewide examination when she meant to apply for the Parole Officer Recruit (S1000A), Statewide examination as she did not realize that there were two separate examinations and she does not speak Spanish. 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). Further, there are nearly 1,200 applicants and multiple vacancies are anticipated for the subject title, so the candidate pool will not be significantly impacted by allowing another candidate to file. Under these circumstances, the Commission finds that, for equitable reasons, the petitioner should be allowed to apply for the subject examination. Therefore, the Commission finds that there is good cause to relax N.J.A.C. 4A:4-2.1(e) and to allow the petitioner to submit her application and application fee after the closing deadline for prospective employment opportunities only. However, the petitioner’s request to apply her application from the S1001A examination to the S1000A examination is denied.

This determination is limited to the instant matter and does not provide precedent in any other matter.

ORDER

Therefore, it is ordered that this petition be granted in part, and LaToya Harris be permitted to submit an application for the Parole Officer Recruit (S1000A), Statewide, examination. It is further ordered that Ms. Harris submit an open competitive application and the $35.00 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 her application be processed. Finally, if Ms. Harris’ 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.