ADMINISTRATIVE SECRETARY (M0165A), TOWNSHIP OF HILLSIDE, CSC Docket No. 2021-530

BackgroundThe Township of Hillside requests permission not to make an appointment from the December 2, 2019 certification for Administrative Secretary (M0165A), Township of Hillside.

The record reveals that an examination announcement was issued in response to a provisional appointment with a closing date of February 21, 2019 and resulted in a list of seven eligibles with an expiration date of November 27, 2022. A certification containing the names of the seven eligibles was issued on December 2, 2019.

The appointing authority returned the certification requesting an appointment waiver indicating that a permanent appointment would not be made from the subject list. Specifically, it explained that it is not able to fill the position due to budgetary constraints resulting in reduction to the Administration’s salary and wages appropriation.

The appointing authority’s request for an appointment waiver was acknowledged, and it was advised that if its request were granted, it could be assessed for the costs of the selection process in the amount of $2,048. In response, the appointing authority acknowledged that a selection cost was possible when requesting the appointment waiver.

It is noted that there are currently no employees serving provisionally pending open competitive examination procedures in the subject title with the appointing authority.1

CONCLUSION

In accordance with N.J.S.A. 11A:4-5, once the examination process has been initiated due to the appointment of a provisional employee or due to an appointing authority’s request to fill a vacancy, the appointing authority must make an appointment from the resulting eligible list if there are three or more interested and eligible candidates. The only exception to this mandate may be made for a valid reason such as fiscal constraints.

In the instant matter, the examination for the subject title was generated as a result of a provisional appointment. However, after a complete certification was issued, the appointing authority requested an appointment waiver, indicating that a permanent appointment would not be made from the subject list. Specifically, it explained that it is not able to fill the position due to budgetary constraints resulting in reduction to the Administration’s salary and wages appropriation. Accordingly, there is a sufficient justification for an appointment waiver.

Although an appointment waiver is granted in this matter, both N.J.S.A. 11A:4-5 and N.J.A.C. 4A:10-2.2(a)2 state that if an appointing authority receives permission not to make an appointment, it can be ordered to reimburse for the costs of the selection process. While administering examinations and providing the names of eligible job candidates to the jurisdictions under the civil service system are two of the primary activities of this agency, these costly efforts are thwarted when appointing authorities fail to utilize the resulting eligible lists to make appointments and candidates have needlessly expended their time, efforts and money to take these examinations in hopes of being considered for a permanent appointment. In this case, the appointing authority’s separation of the provisional employee and its determination that a permanent appointment would not be made from the subject list due to budgetary constraints resulting in reduction to the Administration’s salary and wages appropriation are sufficient for an appointment waiver but do not provide a basis to waive the assessment of costs.

ORDER

Therefore, it is ordered that a waiver of the appointment requirement be granted. Additionally, the Civil Service Commission orders that the appointing authority be assessed for the costs of the selection process in the amount of $2,048 to be paid within 30 days of the issuance of this order.

1 It is noted that Steeve Augustin, the provisional employee, was removed from employment on October

12, 2020.

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