Wallace Payne and Aliza Ramos-Delgado, CSC Docket No. 2020-869, 2020-927

Wallace Payne and Aliza Ramos-Delgado request that they be permitted to submit applications for the Entry Level Law Enforcement Examination (S9999A) after the application filing deadline.

BackgroundBy way of background, the announcement for the subject examination was issued on July 1, 2019 with a closing date of August 31, 2019 and all on-line applications had to have been submitted by that date. It is noted that the Division of Agency Services was contacted regarding this matter and indicated that there is no evidence that the appellants filed completed applications for the subject test. A review of the record finds that 28,163 applications have been received for the subject test.

On appeal, Payne explains that “over the past two years I was actively monitoring the website for any information for when the portal was going to open. Once it did, I created a profile, filled out the application, selected all the counties and the position I would be interested in.” He indicates that he received an email “stating that I started an application on 7/1/2019 and returned back on 7/5/2019 and deleted it[. It] does not make sense.1 I never deleted the application, but only submitted.” He maintains that there “are two witnesses that were in the presence of my completion and another individual wh[o] is an officer that filled out the application at the same time, and confirmed with.” In support of his appeal, Payne submits additional documentation including: a statement dated September 16, 2019 from Randol Almonte in which Almonte states, “On July 1, 2019, I notified Wallace Payne that it was time to register for the New Jersey civil service exam via https://www.state.nj.us/csc. Shortly after he reached out to me confirming that he had signed up to take the test and paid the fee. We had also signed up to take the Bernstein prep course;” an undated statement from Jonathan Rivera in which Rivera states, “I Jonathan Rivera witness Wallace Payne fill out and submit his Civil exam form;” and an undated statement from James Iozia in which Iozia states, “I was working with Wallace Payne and while on break, I witnessed him filling out and submitting his form for the Civil Service test.”2

1 Payne does not provide a copy of this email.

Appellant's argumentRamos-Delgado presents that “on the early morning of August 6th[,] I along with my brother[,] Jonathan Delgado[,] began the application process. With the help of my father both my brother and I filled out the application step by step . . . Once the application was completed I was met with the option of reviewing it to make sure all the information I provided was correct. I can vividly remember clicking the ‘yes’ button to certify that the information I provided was correct . . . Shortly after I was met with the processing fee in which I used my credit card to pay . . . After receiving payment verification I was not met with any other instructions. Subsequent to paying I thought the process had ended and my application was successful.” Ramos-Delgado further explains that she immediately “registered and paid $495 for the LEE prep course.” Ramos-Delgado indicates that “on seminar day one [of the prep course,] the instructor . . . informed applicants that they should have already received an email from the NJ[CS]C regarding the picking of test dates. I began to inspect my emails, searching through my junk and spam folder realizing something was wrong. I could not find any validity stating that my application process was completed, the confirmation email, nor the payment verification.” In support of her appeal, Ramos-Delgado provides a copy of what she purports to be her “computer history” for August 6, 2019.

CONCLUSION

RuleN.J.A.C. 4A:4-2.1(e) provides, in part, that applications for open competitive examinations shall be submitted no later than 4:00 p.m. on the announced application filing date. N.J.A.C. 4A:4-6.3(b) provides that the appellant in an examination appeal shall have the burden of proof.

AnalysisAs noted previously, the Division of Agency Services indicated that there is no record that the appellants filed completed applications for the S9999A examination on July 1, 2019 and August 6, 2019, respectively. In addition, it is noted that neither appellant provides any documentation from the Online Application System to evidence that they attempted to file timely applications. In this regard, it is noted that upon completing the requisite information sections, applicants are asked to certify that the information they have provided is complete and accurate and are provided with the opportunity to print their applications. Upon indicating that the information is complete and accurate, applicants are provided with another opportunity to print their applications before proceeding to payment processing. Furthermore, upon successfully submitting completed applications with the required fee, applicants were sent an Online Application System Confirmation which stated, in pertinent part, “Your application has been received by the New Jersey Civil Service Commission.” Moreover, although given the opportunity during the appeal process, neither appellant submitted a sworn statement indicating the dates on which they claim to have successfully completed and submitted their applications for the subject test.

2 It is noted that the statements from Almonte, Rivera and Iozia are not sworn. Almonte does not indicate that he witnessed Payne complete and successfully submit an application for the subject test. In addition, the statements from Rivera and Iozia lack specificity as they do not indicate the date on which they allegedly witnessed Payne submit his “form” or for which Civil Service test he completed the “form.”

ORDER

Therefore, it is ordered that these requests be denied.

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