Nichole Davis, CSC Docket No. 2022-1205

Appellant's argumentNichole Davis requests permission to file a late application for the promotional examination for Police Sergeant (PM4581C), Borough of Lindenwold (Lindenwold).

BackgroundBy way of background, the subject examination was announced on October 1, 2021 with an application filing deadline of October 21, 2021 and all applications had to be received by 4:00 p.m. on that date. It is noted that the petitioner has been conditionally admitted to the subject examination, which has not yet been administered.

Appellant's argumentIn support of her request, the petitioner states that apart from a three-hour period on October 2, 2021, she was absent from work due to emergent family issues from September 27, 2021 to October 17, 2021. On October 18 and 19, 2021, she attended off-campus training, sustaining an injury on October 19, 2021, which kept her out of work until November 11, 2021. The petitioner submits that because of the foregoing circumstances, she did not have a chance to view the email containing the announcement for the subject examination until after the application deadline. As such, she requests an opportunity to file a late application for the subject examination.

The appointing authority has confirmed the petitioner was absent from the workplace between September 27, 2021 and November 11, 2021.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a)4 provides that applicants for promotional examinations shall submit an application on or before the announced application filing date. N.J.A.C. 4A:4-2.1(e) states that unless otherwise provided for by the Chairperson or designee, applications for open competitive and promotional examinations shall be submitted to the Civil Service 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 shown in a particular situation.

AnalysisIn the instant matter, applications for the subject promotional examination were due by the application filing deadline of October 21, 2021. However, the record evidences that apart from a very brief three-hour window during the application period, the petitioner was absent from the workplace because of emergent family issues and a personal injury and she did not learn of the application announcement for the subject examination until after the October 21, 2021 application deadline date.

Under these circumstances, good cause exists to relax the provisions of N.J.A.C. 4A:4-2.6(a)4 and allow the petitioner to file an application after the application deadline date for the Police Sergeant (PM4581C), Lindenwold examination.

ORDER

Therefore, it is ordered that this appeal be granted. It is further ordered that the completed application and required $50.00 application processing fee should be forwarded to: New Jersey Civil Service Commission, Division of Agency Services, P.O. Box 322, Trenton, New Jersey 08625-0322. The completed application and processing fee must be postmarked no later than 15 days from the issuance date of this decision. Failure to file the application and processing fee within the time provided will result in rejection from the examination process. Finally, upon determination of eligibility, the appellant be admitted to the subject examination.

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