Frances Kelly, CSC Docket No. 2021-187

Appellant's argumentFrances Kelly requests to file a late application for the promotional examination for Senior Community Specialist, Juvenile Justice Commission (PS3581P), Juvenile Justice Commission.

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 six employees applied for the subject examination; however, the list has not yet promulgated. It is noted that agency records indicate that there are currently five employees provisionally serving in the subject title in the announced unit scope, P387, including the petitioner.

Appellant's argumentOn appeal, the petitioner acknowledges that she received the announcement for the subject title. However, she presents that she was not aware that there were two announcements for the subject title, for different unit scopes. The petitioner explains that she accidently incorrectly applied for PS3579P, which was only open to unit scope P386.

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 there were two examinations for the subject title, a title she is currently serving in as a provisional; however, she was unaware that there were two examinations. She indicates that instead of applying for the subject examination which was open to her unit scope, she applied for the wrong symbol, which was not open to her unit scope. 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, based on the number of employees serving provisionally in the subject title in the announced unit scope for the subject examination, it is anticipated that the appointing authority will ultimately be faced with an incomplete list. 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 Frances Kelly be permitted to submit an application for the Senior Community Specialist, Juvenile Justice Commission (PS3581P), Juvenile Justice Commission examination. It is further ordered that Ms. Kelly 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. Kelly’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.