Susan Radosti, CSC Docket No. 2021-298

Appellant's argumentSusan Radosti requests to file a late application for the promotional examination for Secretary Assistant 2, Non-Stenographic (PS3726K), Department of Children and Families.

BackgroundThe PS3726K examination at issue was announced with requirements that had to be met as of the August 21, 2020 closing date. There were two applicants for the subject examination and the list has not yet promulgated. The appellant is currently serving provisionally in the subject title.

Appellant's argumentOn appeal, the appellant states that she did not apply for the subject examination because she misunderstood the process. She presents that she mistakenly believed that since she was already serving provisionally in the subject title, she thought the subject examination was for candidates who were serving in lower titles looking to advance. Further, the appellant explains that in her former unit, the executive assistant advised those who needed to apply for an examination. However, in her current unit, there was no one who advised her to apply. She acknowledges that she received an e-mail about the subject examination; however, there was no language in the e-mail that specifically informed her that she needed to apply. The appellant now recognizes that at the bottom of the subject announcement that there is language indicting that if you are serving provisionally in the subject examination, you need to apply. However, she states that since she did not believe that the subject announcement applied to her, she did not read the subject announcement carefully. She explains why she believes that she is qualified for a position in the subject title. The appellant presents that if she had not been working remotely due to the current pandemic, she may have been specifically advised to apply.

CONLCUSION

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, while the appellant acknowledges that she received the subject announcement, she explains that she mistakenly believed that she did not need to apply as she was already serving provisionally in the subject title. She believed that the subject announcement was for those serving in lower titles. Additionally, the appellant explains that in her former unit, she was specifically advised when she needed to apply for an examination. However, in her current unit, she was not. The record indicates that the list is incomplete as there were only two applicants and the appellant is provisionally serving in the subject title. 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). Under these circumstances, the Commission finds that there is good cause to relax N.J.A.C. 4A:4-2.1(e) and allow the appellant to file a late application for the subject examination. However, the Commission advises the appellant to ensure that she timely files for any future examination announcements.

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

ORDER

It is ordered that this request be granted, and Susan Radosti be permitted to submit a late application for Secretary Assistant 2, Non-Stenographic (PS3726K), Department of Children and Families. It is further ordered that Radosti submit the attached 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. Finally, if Radosti’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.