Natalie Lyszyk, CSC Docket No. 2021-139

Appellant's argumentNatalie Lyszyk requests to file a late application for the promotional examination for Environmental Specialist 2 (PS3463G), Department of Environmental Protection.

BackgroundThe examination at issue was announced with requirements that had to be met as of the July 21, 2020 closing date. Agency records indicate that three employees applied for the subject examination and all three were determined eligible. Certification PS200709 was issued containing the name of the first ranked eligible. Although agency records do not indicate that the disposition of this certification has been recorded, personnel records indicate that the first ranked eligible was appointed to the subject title, effective November 7, 2020. The list expires on October 14, 2023.

Appellant's argumentOn appeal, the petitioner states that on July 2, 2020, an e-mail was sent to employees in the Compliance and Enforcement Program announcing a promotional examination for the subject title. She indicates that she was provisionally appointed to the subject title in Fall 2019. The petitioner presents that on June 30, 2020, she started mandatory furlough days and she is only assigned to work one or two days a week. She states that on non-furlough days, she reviews and responds to e-mail to keep current in her position. On the closing date prior to the 4 p.m. deadline, she submitted her application for the subject examination to the Compliance and Enforcement Program resume e-mail address. However, it was only after the 4 p.m.

deadline that she realized that she needed to submit her application to this agency through the Online Application System (OAS). Unfortunately, when she tried to apply online, the subject announcement was no longer available on this agency’s website.

CONCLUSION

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 explains that she initially thought that she was to submit her application for the subject examination directly to the appointing authority, which she did prior to the 4 p.m. deadline on the closing date. However, it was only after the application deadline passed that she realized that she needed to submit her application for the subject examination through this agency’s OAS. 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, after the appointment of the one eligible whose name is on certification PS200709, there are only two remaining names on the subject list. Therefore, admitting the petitioner to the subject examination will potentially provide the appointing authority a complete list should it need to make another appointment prior to the list expiration date. 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. The Commission cautions the appellant to ensure that she properly and timely submit any future applications.

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

ORDER

Therefore, it is ordered that this request be granted, and Natalie Lyszyk be permitted to submit an application for the Environmental Specialist 2 (PS3463G), Department of Environmental Protection, examination. It is further ordered that Ms. Lyszyk submit a promotional application and the $25.00 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. Lyszyk’s 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.