Rodolfo Velazquez, CSC Docket No. 2021-202

Appellant's argumentRodolfo Velazquez requests that he be permitted to amend his application after the closing date for the Entry Level Law Enforcement Examination (S9999A). It is noted that appellant passed the subject examination with a final average of 96.050 and a rank of 256.

BackgroundBy way of background, the subject examination was announced on July 1, 2019 with a closing date of August 31, 2019. A review of the record finds that the appellant filed an application for the subject test on July 29, 2019, on which he indicated a North Bergen address and a North Bergen residency code (0908).

Appellant's argumentOn appeal, Velazquez indicates that he was on active duty from January 2019 to January 2020. He explains that prior to his deployment, both he and his wife worked in North Bergen and for convenience, they rented an apartment in North Bergen. He further indicates that around the time of the filing period, he and his wife “had the intentions of selling our current home in Maywood, NJ and buying a home in North Bergen, NJ. Unable to make the transition due to the properties being out of our price range, we decided to stay at our current residence. We have been living in Maywood, NJ since 2016.1 When my wife registered me for the [subject] exam, we had the intention of living in North Bergen but our plans did not go as we thought.” As such he requests that his residency code be changed to Maywood.2 In support of his request, he submits additional documentation including a copy of his orders for active duty dated January 2, 2019 which indicates the Maywood address; a copy of his DD214 form (Certificate of Release or Discharge from Active Duty) which indicates the date of entry as January 21, 2019 and the separation date as January 16, 2020, and the Maywood address as the “Home of Record at Time of Entry” and the “Mailing Address after the Separation Date;” copies of his bank statements for July and August 2019 indicating the Maywood address; a copy of his credit card statement due August 23, 2019 indicating the Maywood address; and a copies of his drivers license issued in September 2018 indicating the Maywood address.

1 A review of tax records indicates that the Maywood home was purchased by his wife in 2016.

Background2 It is noted that Maywood is not a Civil Service jurisdiction.

CONCLUSION

RuleN.J.A.C. 4A:4-2.1(f) permits an applicant to amend a previously submitted application prior to the filing closing date. As noted previously, the announcement indicated that the closing date was August 31, 2019.

AnalysisN.J.S.A. 40A:14-123.1 (Residence requirements for persons discharged or released from the military service) provides:

Any person who has served in the armed services of the United States and been discharged or released from such service under conditions other than dishonorable within 6 months prior to making application to any municipality for appointment as a member or officer of the police department or force, may be appointed a member or officer of such police department or force if otherwise qualified notwithstanding that he was not a resident of New Jersey at the time of such application provided, at the time of making application for appointment said person signs a notice of intention and agreement to become a resident of New Jersey within 6 months from the date of appointment.

In the present matter, the appellant explains that he and his wife rented an apartment in North Bergen for convenience and considered purchasing a home in North Bergen. However, due to financial reasons, determined to remain at their Maywood home. In addition, the appellant has provided documentation, as indicated above, to demonstrate his residency in Maywood as of the August 31, 2019 closing date. Thus, good cause exists to relax the provisions of N.J.A.C. 4A:4-2.1(f) to permit the appellant to amend his application to indicate a Maywood residency code (0234).

The Commission emphasizes that it is not making a determination of the appellant’s residency but rather addressing the appellant’s request to change the residency code on his application. Moreover, the appointing authority may, at its discretion, investigate the appellant’s residency as part of a background check conducted prior to making any appointment.

ORDER

Therefore, it is ordered that this request be granted and the appellant’s application be amended to indicate a Maywood residency code and the appellant be considered prospectively for future appointment opportunities. In so doing, the remedy provided herein is limited to the facts of this case and may not be used as precedent in any other proceeding.

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