T.H., CSC Docket No. 2022-1057

BackgroundT.H. requests to file a late application for the open competitive examination for Administrative Analyst 1, Fiscal Management (S0490C), Statewide.

The examination at issue was announced with requirements that had to be met as of the October 21, 2021 closing date. A total of 22 individuals applied and 19 were admitted. The examination has not yet been scheduled.

Appellant's argumentOn appeal, the petitioner explains that in October 2021 her four-year daughter underwent surgery and there were unforeseen circumstances surrounding her surgery and recovery. She states that as a single mother of two children, this period has been challenging as she is the only one who is responsible for her daughter’s recovery and she also must tend to the needs of her three-year-old daughter. The petitioner presents that she has been employed by The Commission on Higher Education for a year and her primary duties entail working with the federal Coronavirus Relief Funds. She asserts that she loves and takes a lot of pride in her job and she has also taken on additional responsibility due to staffing needs. The petitioner indicates that she intended to timely file as she would not want to jeopardize her provisional position in the subject title. However, she explains that with all the priorities colliding last month, she did not apply as she intended.

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

AnalysisCommission (Commission) may relax a rule for good cause in order to effectuate the purposes of Title 11A, New Jersey Statutes.

In this matter, the petitioner presents that she is provisionally serving in the subject title and intended on applying for the subject examination in a timely manner. However, due to her daughter’s surgery and recovery while also caring for her other child, which took place during the same month as the closing date for the subject examination, she did not apply as intended. 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). Therefore, the Commission finds that under these circumstances, there is good cause to relax N.J.A.C. 4A:4-2.1(e) and to allow the petitioner to submit her application and application fee after the closing deadline for prospective appointment 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 request be granted, and the petitioner be permitted to submit an application for the Administrative Analyst 1, Fiscal Management (S0490C), Statewide 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 her 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, she will not be entitled to have her application reviewed.

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