Troy Solomon, CSC Docket No. 2021-499

Appellant's argumentTroy Solomon requests to file a late application for the open competitive examination for Senior Custodian (M0556B), Newark School District.

BackgroundThe examination at issue was announced with requirements that had to be met as of the July 21, 2020 closing date. A total of 31 candidates applied for the subject examination and 24 were found eligible. Agency records indicate that there are 15 employees, including the appellant, provisionally serving in the subject title subject to open competitive procedures. Certification OL200705 was issued and returned by the appointing authority, but its disposition has not yet been recorded. The list expires on September 2, 2023.

Appellant's argumentOn appeal, the petitioner states that he applied for the promotional examination for Senior Custodian (PM2659B), Newark School District, which had a July 21, 2020 closing date. He was determined ineligible for that examination and this agency informed him that he applied for the wrong examination as he should have applied for the subject open competitive examination. Therefore, he requests to file a late application for the subject examination.

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, the petitioner asserts that he mistakenly applied for the Senior Custodian (PM2659B), Newark School District examination when he meant to apply for the Senior Custodian (M0556B), Newark School District examination. 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, there were 31 candidates who applied for the subject examination, and even after the certification OL200705 is recorded, it is anticipated that there will be multiple vacancies for a position in the subject title based on the number of employees currently serving provisionally subject to open competitive procedures so the candidate pool will not be significantly impacted by allowing another candidate to file. Under these circumstances, the Commission finds that, for equitable reasons, the petitioner should be allowed to apply for the subject examination. 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 his application and application fee after the closing deadline for prospective employment opportunities only.

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

ORDER

Therefore, it is ordered that this petition be granted, and Troy Solomon be permitted to submit an application for the Senior Custodian (M0556B), Newark School District, examination. It is further ordered that Mr. Solomon submit an open competitive 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 his application be processed. Finally, if Mr. Solomon’s application and the required payment are not postmarked on or before the 15th day after the issuance date of this decision, he 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.