Tina Hoffman, CSC Docket No. 2021-77

Appellant's argumentTina Hoffman requests to file a late application for the promotional examination for Technical Assistant 1, Treasury (PS2806U), Department of the Treasury.

BackgroundThe PS2806U examination at issue was announced with requirements that had to be met as of the March 23, 2020 closing date. There was one applicant for the subject examination and the list has not yet promulgated. The appellant is currently serving provisionally in the subject title.

Appellant's argumentOn appeal, the appellant states that beginning on March 13, 2020, as her children’s schools closed due to the pandemic, she was out of the office to teach her children who were remote learning at home. Additionally, she was also involved in the care of her parents, which included her mother who was battling a health condition. The appellant explains that she intended to file for the subject examination. However, her work e-mail, which contained the information that she needed to file her application, was not correctly installed on her home computer. Further, she did not have access to her work desktop at that time to retrieve her resume.

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 appellant explains that due to the pandemic and her children’s schools closing, she needed to be home starting March 13, 2020.

Additionally, the appellant presents that while she was home, she did not have access to her work computer, which contained her resume and other information needed to submit her application prior to the March 23, 2020 closing date. Further, the record indicates that the list is incomplete as there was only one applicant and the appellant is provisionally serving in the subject title. 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). Under these circumstances, the Commission finds that there is good cause to relax N.J.A.C. 4A:4-2.1(e) and allow the appellant to file a late application for the subject examination.

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

ORDER

It is ordered that this request be granted, and Tina Hoffman be permitted to submit a late application Technical Assistant 1, Treasury (PS2806U), Department of the Treasury. It is further ordered that Hoffman submit the attached 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 her application be processed. Finally, if Hoffman’s application and the required payment are not postmarked on or before the 15th day after the issuance date of this decision, she 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.