Gabriel Rivera, CSC Docket No. 2020-317

BackgroundGabriel Rivera appeals his removal from the eligible list for Fire Fighter (M1513T), Clifton for failing to appear for pre-employment processing.

By way of background, in a January 10, 2019 letter, the appointing authority informed the appellant that he needed to appear for pre-employment processing on January 17, 2019. However, the appellant failed to appear.

Appellant's argumentOn appeal, the appellant submits a notarized sworn statement indicating that he never received the appointing authority’s letter advising him to appear for pre- employment processing. Further, he indicates that he has had problems with his mail and he contacted the postal service concerning these issues.

Appointing authority's argumentIn response, the appointing authority does not object to restoring the appellant’s name to the list for future consideration.

CONCLUSION

RuleN.J.A.C. 4A:4-4.7(a)11 allows the Civil Service Commission (Commission) to remove an eligible’s name from an eligible list for other valid reasons. N.J.A.C. 4A:4- 6.3(b), in conjunction with N.J.A.C. 4A:4-4.7(d), provides that the appellant has the burden of proof to show by a preponderance of the evidence that an appointing authority’s decision to remove his name from an eligible list was in error.

AnalysisIn the instant matter, the appellant submitted a notarized sworn statement, indicating that he never received the appointing authority’s letter advising him to appear for pre-employment processing. Further, the appointing authority does not object to restoring the appellant’s name for future opportunities. Accordingly, the Commission finds that that the appellant did not fail to complete pre-employment processing.

ORDER

Therefore, it is ordered that this appeal be granted and the list for Fire Fighter (M1513T), Clifton be revived in order for the appellant to be considered for appointment at the time of the next certification for prospective employment opportunities only.

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