Carl Moore and David Shaw, CSC Docket No. 2021-634, 2021-838

Carl Moore and David Shaw petition the Civil Service Commission (Commission) to accept their untimely applications for the promotional examination for Crew Supervisor, Building Maintenance Programs (PS3334K), Department of Human Services.

BackgroundThe subject examination was announced with specific requirements which had to be satisfied by the November 23, 2020 closing date. A total of 19 candidates applied for the subject examination and 19 were determined eligible. The test has not yet been scheduled.

Appellant's argumentOn appeal to the Commission, the petitioners assert that, due to unforeseen circumstances that occurred as a result of the Covid-19 pandemic, they were unable to submit their applications by the November 23, 2020 closing date. Specifically, Moore asserts that he was unable to access a public computer to submit an application as public facilities were closed due to the pandemic, and he does not own a computer at home. Shaw explains that he was taking care of his daughter who was infected with the Covid-19 virus, and although he attempted to submit the application, he experienced problems with the application program. As such, they now request to submit their applications.

CONCLUSION

RuleN.J.A.C. 4A:4-2.1(e) provides, in pertinent part, that applications for promotional examinations should be filed no later than the announced closing date for filing applications. N.J.A.C. 4A:1-1.2(c) states that the Commission may relax a rule for good cause in order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisThe 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 the merit and fitness. These interests are best served when more, rather than fewer, individuals are presented with employment opportunities. See Communication Workers of America v. New Jersey Department of Personnel, 154 N.J. 121 (1998). Additionally, the petitioners confirm that they were unable to timely submit their applications as a result of incidents stemming from the Covid-19 pandemic. Under these circumstances, the Commission finds that for equitable reasons, the petitioners should be allowed to apply for the subject examination. Therefore, the Commission finds good cause to relax N.J.A.C. 4A:4-2.1(e) and to allow the petitioners to submit their applications and application fees 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 these appeals be granted and the petitioners shall submit the attached applications and the $25 application fee postmarked no later than 15 days of issuance date of this decision to the Division of Agency Services so that their applications can be processed. If their applications and 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 this matter. Any further review should be pursued in a judicial forum.