Latisha Willingham, CSC Docket No. 2021-1860

Appellant's argumentLatisha Willingham requests to file a late application for the promotional examination for Safety Specialist 2, MVC (PS2745T), Motor Vehicle Commission (MVC).

BackgroundThe examination at issue was announced with requirements that had to be met as of the March 23, 2020 closing date. A total of 41 employees applied and 32 were admitted to the examination. The test was administered on July 13, 2021. The list has not yet promulgated.

Appellant's argumentOn appeal, the petitioner presents that on March 16, 2020, the MVC was suddenly closed due to the Covid-19 pandemic. Therefore, she indicates that she was not allowed to return to a MVC site until June 2020. The petitioner states that she was in the process of applying for the subject examination when the MVC closed and her paperwork was left in the office. She represents that she tried to contact this agency, but she was unable to make contact.1

Background1 It is noted that the union which represents employees who were potential candidates indicated that its members could not access the MVC’s intranet while the physical locations were closed, which prevented many of its members from applying for the subject examination. The union further indicated that after contacting this agency, it advised its members on June 3, 2021 that they could request to file a late application. Therefore, the petitioner’s June 8, 2021 appeal is considered timely filed.

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 although she was in the process of applying for the subject examination, the MVC closed one week prior to the subject examination closing date due to the Covid-19 pandemic, which prevented her from being able to file for the subject examination by the closing date. 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). Therefore, the Commission finds that under these unique circumstances that were beyond the petitioner’s control, 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.

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 Latisha Willingham be permitted to submit an application for the Safety Specialist 2, MVC (PS2745T), Motor Vehicle Commission examination. It is further ordered that Ms. Willingham 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. Willingham’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.