Social Work Supervisor (PC2725V), CSC Docket No. 2021-303

In In the Matter of Social Work Supervisor (PC2725V), Bergen County Board of Social Services (CSC, decided February 6, 2019), the Civil Service Commission (Commission) granted the request of the appointing authority for an appointment waiver for the September 10, 2018 certification and ordered that no selection costs would be assessed at that time since there was a possibility that the list could be utilized prior to its expiration. A copy of that decision is attached hereto and incorporated herein. However, the appointing authority did not utilize the subject eligible list and the matter of the assessment of costs is now before the Commission.

BackgroundBy way of background, the subject promotional list was announced with a closing date of December 21, 2017. The resultant eligible list of eight names promulgated on September 6, 2018 and expired on September 5, 2020. During the life of the list, no appointments were made. The appointing authority requested an appointment waiver due to it needing to appoint an individual who was bilingual in Spanish and English. The Commission granted this request at its meeting on February 6, 2019. However, the Commission did not waive the costs of the selection process at that time. Rather, it indicated that since the appointing authority anticipated making an appointment prior to the expiration date of the eligible list, the matter of the selection costs would be reviewed if the appointing authority failed to utilize the eligible list by the September 5, 2020 expiration date.1

In that regard, agency records reveal that one certification was issued from the subject eligible list on September 10, 2018. Per the Commission’s decision, the certification was cancelled on February 15, 2019. No appointments were made, and no additional certifications were requested. Therefore, the Bergen County Board of Social Services was notified that since the eligible list was not utilized by its September 5, 2020 expiration date, the matter of the costs for the selection process in the amount of $1,114 would be forwarded to the Commission for a determination.

Appointing authority's argumentIn its response, the appointing authority indicates that due to the COVID-19 pandemic, its budget has been negatively impacted and its office has been operating with less than 60% of staff at any given time. Internal upward mobility has also been hampered due to the pandemic. The appointing authority asserts that, ultimately, until its staff is fully functioning at 100% and it has a better understanding of the budgetary impacts from 2020, it cannot move forward with an appointment until next year. Therefore, it is requesting to revive the eligible list through the end of 2021. The appointing authority indicates that it anticipates two retirements in 2021.

The Division of Agency Services supports the instant request. It is noted that there are no current promotional lists for the subject title within the unit scope. There are also no special reemployment lists or current or pending announcements for the title.

CONCLUSION

N.J.S.A. 11A:4-6 and N.J.A.C. 4A:4-3.4 provide that an eligible list may be revived in order to implement a court order or decision of the Commission in the event of a successful appeal instituted during the life of a list, to correct an administrative error, or for other good cause. N.J.S.A. 11A:4-6 and N.J.A.C. 4A:4- 3.3(b)1 provide that no list shall have a duration of more than four years.

In the present matter, the record establishes that on September 10, 2018, a certification was issued to fill a vacancy for the title of Social Work Supervisor with the Bergen County Board of Social Services. However, the certification was cancelled in accordance with the granting of an appointment waiver. Thereafter, due to the COVID-19 pandemic, the appointing authority has been hindered with budgetary constraints, and internal upward mobility of staff has also been hampered. The appointing authority states that, given these circumstances, it cannot move forward with an appointment from the eligible list until next year. However, it anticipates retirements in 2021. Upon review, the Commission emphasizes that filling a vacancy from an active list is preferable to, and more

1 In its decision, the Commission also declined the appointing authority’s request to remove an eligible from the subject eligible list. expedient than, announcing a new examination. Moreover, since the subject eligible list was only in existence for two years, it may be revived and extended to September 5, 2021. Therefore, based on the foregoing, good cause has been presented to revive and extend the eligible list for Social Work Supervisor (PC2725V), Bergen County Board of Social Services for one year. The Commission notes that there is not a sufficient basis to extend the eligible list to the four-year maximum as there are only anticipated vacancies. See e.g., In the Matter of Social Work Supervisor (PC0752H), Monmouth County (CSC, decided March 11, 2009). Should the appointing authority fail to utilize the list by the extended expiration date, the matter of the assessment of the selection costs will be reviewed by the Commission at that time.

ORDER

Therefore, it is ordered that the eligible list for Social Work Supervisor (PC2725V), Bergen County Board of Social Services, be revived and extended to September 5, 2021 and no selection costs be presently assessed.

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