George Hawkins, CSC Docket No. 2022-1037

Appellant's argumentGeorge Hawkins requests to file a late application for the open competitive examination for Principal Legal Stenographer (M0475C), Newark.

BackgroundThe examination at issue was announced with requirements that had to be met as of the October 21, 2021 closing date. Agency records indicate that no candidates applied for the subject examination. Therefore, the examination was cancelled due to a lack of qualified candidates.

Appellant's argumentOn appeal, the petitioner states that on the closing date, he tried to submit his online application. However, he indicates that he was experiencing issues with his work computer and the information technology department could not fix the problem prior to the 4:00 P.M. deadline. The petitioner presents that he has been working in the subject title since April 2014.1 He attaches his resume and 11 training certificates.

CONCLUSION

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.

Analysis1 The County and Municipal Personnel System (CAMPS) indicates that the petitioner started provisionally serving in the subject title on December 16, 2019.

In this matter, the petitioner explains that he started the process of applying for the subject examination prior to the 4:00 P.M. deadline on the closing date, but he experienced issues on his work computer and could not complete the process prior to the deadline. The Online Application Systems report indicates that the petitioner started his application prior to the deadline at 3:28 P.M. on the closing date. 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). Moreover, the examination was cancelled due to a lack of qualified candidates and the petitioner continues to serve provisionally in the subject title after the closing date. 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. The Commission cautions the petitioner to not wait until the last moment to file to ensure that he properly and timely submits any future applications.

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

ORDER

Therefore, it is ordered that this request be granted, and the petitioner be permitted to submit an application for the Principal Legal Stenographer (M0475C), Newark examination. It is further ordered that the petitioner submit an open competitive 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. If the petitioner’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 his application reviewed.

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