I.L., CSC Docket No. 2022-11

BackgroundI.L. requests to be permitted to submit a late application for the Painter (M0538B), Newark School District, examination.

By way of background, the announcement for the subject examination was issued on July 1, 2020 and was open to individuals who met the residency requirement who possessed three years of experience in work involving the painting and repainting of the interior and exterior of buildings and structures as of the July 21, 2020 closing date. Successful completion of an apprentice painting program approved by the United States Department of Labor, Bureau of Apprenticeship and Training, could be substituted for the three years of experience. It is noted that 32 applicants filed for the subject examination. Ten applicants were found eligible, and the resulting eligible list promulgated on April 29, 2021 and expires on April 28, 2024. A certification (OL210388) was issued on May 4, 2021. In disposing of the certification, the four provisional employees in the subject title and two individuals who were not provisional in the title were appointed effective June 14, 2021. Of the remaining four individuals on the eligible list, two individuals were bypassed and two individuals were removed from the list due to failure to respond to the Notice of Certification. A second certification (OL210565) issued on June 28, 2021, resulting in an incomplete list consisting of two eligible candidates. In disposing of that certification, agency records indicate that one individual was not appointed and the other individual was removed for failure to respond to the Notice of Certification.

Appellant's argumentOn appeal to the Civil Service Commission (Commission), the appellant states that at the time of the announcement, he was unable to file for the subject examination because he was hospitalized due to complications of his medical condition. In support of his appeal, the appellant provides a copy of his clinical summary report indicating that he was admitted to the hospital on June 23, 2020 and discharged on August 5, 2020. He also submits a report on the diagnosis and treatment for his diabetic ketoacidosis. In addition, the appellant asserts that later in the month of August 2020 he was then diagnosed with COVID-19 and was ill for about two weeks.

CONCLUSION

RuleN.J.A.C. 4A:4-2.1(e) provides that unless otherwise provided for by the Chairperson of the Commission or designee, applications for open competitive examinations shall be submitted to the Commission no later than 4:00 p.m. on the announced application filing date. N.J.A.C. 4A:1-1.2(c) provides that a rule may be relaxed for good cause in a particular circumstance in order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisIn the instant matter, the appellant did not submit an application by the closing date for the subject examination. The Commission generally denies requests to accept late examination applications, as N.J.A.C. 4A:4-2.1(e) requires applicants to file their applications by the closing date. However, under the circumstances presented, the Commission finds that there is good cause to relax N.J.A.C. 4A:4-2.1(e) and allow the appellant to submit a late application for the subject examination.

The Commission emphasizes 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 candidates 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).

Finally, the Commission notes that the appellant’s remedy is based on the circumstances of this matter, and for future examination announcements, he must timely file an application. As this remedy is limited to the unique circumstances of this matter, it does not provide a precedent in any other matter.

ORDER

Therefore, it is ordered that this request be granted, and the appellant be permitted to submit an application for the Painter (M0538B), Newark School District, examination. It is further ordered that the appellant submit an open competitive examination application and the $25.00 application processing fee to the Division of Agency Services within 15 days of the issuance date of this decision. Upon receipt of the application and processing fee, it is ordered that his application be processed for prospective appointment consideration. Finally, if the appellant’s application and the required payment are not postmarked within 15 days of the issuance date of this decision, he 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.