Mariah Alston and Chalaaya Downing, CSC Docket No. 2021-397, 2021-398

Mariah Alston and Chalaaya Downing request to file late applications for the open competitive examination for Program Specialist 2 (M0562B), Newark School District.

BackgroundAs background, the Division of Agency Services (Agency Services) held a conference call with the appointing authority on July 29, 2020 to provide guidance on the examination announcement process. Agency Services advised the appointing authority that the subject examination was scheduled to announce on August 1, 2020 with a closing date of August 21, 2020. Agency Services also advised the appointing authority as follows:

It is strongly recommended that you advise any potential new hire, during the interview process, to file for the . . . announcement by the

August 21st closing date. If a provisional is hired after the August 21st closing date . . . but prior to September 1st, you can provide documentation substantiating the hire date so that a late application can be submitted by that individual. Requests after September 1st will not be considered for late application.

In letters dated August 18, 2020, the appointing authority offered the appellants employment in the subject title on a provisional basis with a projected start date of August 21, 2020. However, the letters also specified that the actual start date would be subject to completion of the preemployment process. The letters provided the appellants with seven days to accept their offers. Ultimately, per the County and

Municipal Personnel System (CAMPS), Alston and Downing received provisional appointments, pending open competitive examination procedures, with respective hire dates of September 16, 2020 and September 23, 2020. These dates were after the September 1, 2020 deadline Agency Services had indicated in the July 29, 2020 conference call. The appointing authority nevertheless requested that the appellants be permitted to file late applications. Agency Services determined that it was unable to grant the requests as there had been no administrative error on its part.

Appellant's argumentOn appeal to the Civil Service Commission (Commission), the appellants request the opportunity to file late applications for the subject examination. In support of these appeals, the appointing authority acknowledges that it did not advise the appellants of the examination announcement as it had relied on Agency Services’ representation that candidates hired in the August 21, 2020 to September 1, 2020 window would be given the opportunity to file late applications. The appointing authority states that Alston and Downing accepted their offers on August 19, 2020 and August 24, 2020 respectively. However, the appointing authority explains that delays in the preemployment process stemming from COVID-19 test requirements and the New Jersey Department of Education’s (DOE) fingerprinting requirements impacted its ability to onboard the appellants in a timely fashion. It states that it kept this agency apprised of its progress in hiring the appellants and that it could not enter them into CAMPS until all preemployment requirements were met. The appointing authority notes that it ultimately was able to onboard the appellants on September 16, 2020 and September 23, 2020 respectively, at which time they were entered into CAMPS.

It is noted that fifty applications were filed for the subject examination, and the eligible list has not yet promulgated. The appellants remain serving provisionally in the subject title.

CONCLUSION

RuleN.J.A.C. 4A:4-2.1(e) provides, in pertinent part, that unless otherwise provided for by this agency, applications for open competitive examinations shall be submitted no later than 4:00 P.M. on the announced application filing date.

AnalysisThe record reflects that Agency Services indicated to the appointing authority that any provisional employee hired into the Program Specialist 2 title before September 1, 2020 would be provided with the opportunity to submit a late application for the M0562B examination. Apparently in reliance on that representation, the appointing authority did not advise the appellants of the M0562B examination announcement when it offered them provisional employment. Per the appointing authority, Alston and Downing accepted their offers on August 19, 2020 and August 24, 2020 respectively. The appointing authority explains that due to delays in the preemployment process stemming from COVID-19 test requirements and DOE fingerprinting requirements, the appellants did not actually begin employment until September 16, 2020 and September 23, 2020 respectively. Admittedly, these dates are after Agency Services’ September 1, 2020 deadline. Nevertheless, it should be noted that evidently the appellants did accept their offers prior to September 1, 2020, but it was the aforementioned delays that pushed their actual start dates later into September 2020. There is no indication in the record that the appellants had any control over those delays. In light of the foregoing, it would be inequitable to deny the appellants the opportunity to file late applications, especially given that Agency Services had already resolved to accept late applications. The mere fact that the appellants could not begin work before September 1, 2020 is not a sufficient reason to deny relief in light of the unique circumstances presented. Moreover, 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). Accordingly, the Commission finds good cause to allow the appellants to file late applications for the subject examination. This decision is limited to the instant matters and does not provide precedent in any other matter.

ORDER

It is ordered that these requests be granted, and Mariah Alston and Chalaaya Downing be permitted to submit late applications for Program Specialist 2 (M0562B), Newark School District. It is further ordered that Alston and Downing submit the attached open competitive examination application and the $25.00 application processing fee to the Division of Agency Services. The applications and processing fees must be postmarked no later than 15 days from the issuance date of this decision. Upon receipt of the applications and processing fees, it is ordered that their applications be processed. Finally, if Alston and Downing’s applications and the required payments are not postmarked on or before the 15th day after the issuance date of this decision, they will not be entitled to have an application for the subject examination processed.

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