Beth Maldonado, CSC Docket No. 2021-1447

Appellant's argumentBeth Maldonado requests to file a late application for the Assistant Administrative Supervisor of Income Maintenance (PC2225B), Union County promotional examination.

BackgroundThe subject examination was announced on March 1, 2020, and closed on March 23, 2020. The announcement instructed candidates that online applications must be completed and submitted by the application deadline date, and it provided information regarding customer care and technical support, including asking candidates to please file early. Twelve candidates passed the written examination and appeared on the eligible list, which was certified once, and four appointments have been made.

Appellant's argumentThe petitioner explains that she thought she had applied for the subject examination since she clicked on a link provided to her by her human resource office. Instead of filing for the subject examination, she filed for Administrative Supervisor of Income Maintenance (PC2223B), Union County. She was found to be ineligible for that examination as she was not permanent in a title to which that examination was open. That examination, which had the same closing date, was open only to candidates who had an aggregate of one year of continuous permanent service as of the closing date in the title Assistant Administrative Supervisor of Income Maintenance. The appellant states that she completed the application on March 20, 2020, the same week that her office was shut down due to the Covid-19 pandemic. She states that that week was stressful and hectic, and she would not have made that mistake in normal circumstances. She states that she would not have applied for an examination for which she knew she was ineligible.

CONCLUSION

RuleN.J.A.C. 4A:4-2.1(e) provides, in pertinent part, that applications for open competitive and promotional examinations should be filed no later than the announced filing date for filing applications. N.J.A.C. 4A:l-1.2(c) provides that the Civil Service Commission (Commission) may relax a rule for good cause to effectuate the purpose of Title l1A, New Jersey Statutes.

AnalysisThe petitioner was not admitted to the subject examination since she did not complete the filing of an application by 4:00 p.m. on the March 23, 2020, closing date. However, the petitioner filed for a similar title which was announced and closed on the same dates, and was found ineligible for that examination. On April 1, 2020, the appellant filed an appeal requesting that her application be considered for the subject examination. 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, it would be inequitable to prohibit the petitioner from applying for such a promotional opportunity for the life of the subject list based on her oversight. 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. Finally, as this remedy is limited to the unique circumstances of this matter, it does not provide a precedent in any other matter.

ORDER

Therefore, it is ordered that this request be granted, and the petitioner be permitted to submit an application for Assistant Administrative Supervisor of Income Maintenance (PC2225B), Union County. It is further ordered that the petitioner submit a promotional examination 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. If the petitioner’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 her application reviewed.

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