Albert Garth, CSC Docket No. 2021-524

Appellant's argumentAlbert Garth requests to file a late application for the promotional examination for Maintenance Worker 2, Grounds (PC2803B), Atlantic County.

BackgroundThe examination at issue was announced with requirements that had to be met as of the October 21, 2020 closing date. Three candidates applied for the subject examination. Agency records indicate that there are two employees, including the appellant, provisionally serving in the subject title. The list has not yet promulgated.

Appellant's argumentOn appeal, the petitioner presents that October was a difficult month as he had to care for his wife and himself. He indicates that he returned from a leave of absence in mid-October, and after adjusting back to work, he applied for the subject examination on the October 21, 2020 closing date. However, the petitioner states that he had to pause the application process to take his wife to emergency care. Upon his return, he was unable to complete the application as it was after the deadline. 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 was unable to start the application for the subject examination until the closing date due to health issues that both his wife and he were experiencing. Further, he indicates that while he was completing the application on the October 21, 2020 closing date, he had to stop and take his wife to emergency care. However, upon his return, the application deadline had passed. 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, it is anticipated that the subject list shall be incomplete as there are two employees, including the petitioner, who are provisionally serving in the subject title, and there are only three applicants. 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 Albert Garth be permitted to submit an application for the Maintenance Worker 2, Grounds (PC2803B), Atlantic County, examination. It is further ordered that Mr. Garth submit a 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 his application be processed. Finally, if Mr. Garth’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.