Skyler Conte, CSC Docket No. 2022-1266

BackgroundSkyler Conte1 requests to be permitted to submit a late application for the State Park Police Trainee (PS6917G), Department of Environmental Protection, examination.

By way of background, in relevant part, the announcement for the subject examination was issued on November 1, 2021 and was open to employees in the non- competitive division who were serving in the title of Security Officer and who had completed their working test period as of the November 22, 2021 closing date. It is noted that only one applicant filed an application and was found eligible for the subject examination. Agency records reflect that a test was administered on March 8, 2022. The resulting eligible list promulgated on March 24, 2022 and expires on March 23, 2023.

Appellant's argumentOn appeal to the Civil Service Commission (Commission), the appellant states that he missed the November 22, 2021 closing date for the subject examination because he was enrolled at the New Jersey Police Academy in Morris County during the announcement period. The appellant further states that he completed the academy on the same date as the closing of the announcement for the subject examination.

Background1 Agency records indicate that the appellant was appointed provisionally pending promotional examination procedures effective June 19, 2021.

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 shall be submitted to the Commission no later than 4:00 p.m. on the announced application filing date. However, N.J.A.C. 4A:1-1.2(c) states that the Commission may relax a rule for good cause situations, on notice to affected parties, 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. A review of agency records reflect that the appellant has been serving provisionally pending promotional examination procedures in the subject title since June 19, 2021. The record also reflects that there is an incomplete list of less than three interested eligibles for the position. Therefore, 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.

In that regard, 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 Civil Service employees based on their merit and abilities. These interests are best served when more rather than fewer individuals are presented with appointments and/or advancement 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 particular 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 Skyler Conte be permitted to submit an application for the State Park Police Officer Trainee (PS6917G), Department of Environmental Protection, examination. It is further ordered that the appellant submit a promotional 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.