Vassilio Triantafillou, CSC Docket No. 2020-568

Appellant's argumentVassilio Triantafillou requests admittance to the promotional examination for Police Lieutenant (PM0930A), Fort Lee.

BackgroundThe subject examination was announced on July 1, 2019, and was open to employees in the competitive division who are currently serving as Police Sergeant. Only on-line applications were accepted, and the petitioner did not submit one. Ten candidates filed applications, and the examination is not yet scheduled.

Appellant's argumentIn his request, the petitioner indicated that he filed for the wrong examination. The examination for County Police Lieutenant (PC0914A), Bergen County had the same closing date, and the petitioner filed an application with that symbol number and title. That examination was open to County Police Sergeant, and the petitioner was found ineligible for not being employed in the announced unit scope. Although he is a Police Sergeant, he did not file an application for the examination Police Lieutenant (PM0930A). In his appeal, the petitioner explains that he erroneously applied for the wrong symbol and did not notice until he received a Notification of Ineligibility for (PC0914A).

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a)4 states that applicants for promotional examinations must meet all requirements by the announced closing date, including filing an application on or before the application filing date. N.J.A.C. 4A:1-1.2(c) provides that the Civil Service Commission may relax the rules for good cause in a particular situation, on notice to affected parties, in order to effectuate the purposes of Title 11A, New Jersey Statutes. N.J.A.C. 4A:4-2.1(e) requires applicants to file their application by the closing date.

AnalysisIn the instant matter, the petitioner did not submit an application by the closing date for the Police Lieutenant (PM0930A), Fort Lee promotional examination. However, he explains that he filed an application for County Police Lieutenant (PC0914A), in error, thinking that he was applying for Police Lieutenant (PM0930A). The examination for Police Lieutenant has not yet been scheduled, and his inadvertent use of the wrong symbol on his application should not preclude him from competing in the examination. Based on these circumstances, the petitioner should complete and return the attached application, as an amended application for the promotional examination for Police Lieutenant (PM0930A), Fort Lee, within 10 days of the issuance date on this determination to: New Jersey Civil Service Commission, P.O. Box 322, Trenton, New Jersey 08625-0322. If the petitioner fails to submit his application within this timeframe, he should not be admitted to the test. Additionally, as this was a simple error, and the petitioner has already paid a $50 application fee, the Commission declines to request a second application fee. The Commission notes that the petitioner’s remedy is based on the circumstances of this matter, and for future examination announcements, he must ensure that he timely files an application for the appropriate symbol.

ORDER

Therefore, it is ordered that this request be granted, and the petitioner be permitted to submit an application for Police Lieutenant (PM0930A), Fort Lee.

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