Walter Evans, CSC Docket No. 2022-1292

Appellant's argumentWalter Evans requests to file a late application for the promotional examination for Youth Work Supervisor (PS7098P), Juvenile Justice Commission.

BackgroundThe examination at issue was announced with requirements that had to be met as of the November 22, 2021 closing date. A total of eight employees applied and all eight were admitted to the examination. The method for testing the subject announcement has not been determined. Accordingly, the list has not yet promulgated.

Appellant's argumentOn appeal, the appellant explains that when filling out the application for the subject promotional examination, he thought that he finished when he got to the payment verification section of the application. However, he claims he was not presented with an option to make a payment and only had an option to print the receipt. The appellant notes that he only noticed that no charges were made to his bank account after the November 22, 2021, closing date passed. He submits the payment verification page that was presented to him and the notice of his provisional appointment in the subject title. The appellant encloses a $25 money order for the application fee with his appeal.

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.

AnalysisIn this matter, the petitioner attempted to file an application for the subject examination, but did not make payment. Further, he explains that when he realized that his application did not go through and his payment was not processed, it was after the November 22, 2021, closing date. A review of the Online Application System indicates that it appears likely that the appellant did not scroll down on his device to see that he needed to click on “Make Payment” for his payment and application to be submitted. However, 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 his application 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 Youth Work Supervisor (PS7098P), Juvenile Justice Commission examination. The Division of Appeals and Regulatory Affairs shall forward his $25 money order for the application fee to the Division of Agency Services. It is further ordered that the petitioner submit a promotional examination application to the Division of Agency Services. The application must be postmarked no later than 15 days from the issuance date of this decision. Upon receipt of the application, it is ordered that his application be processed. If the petitioner’s application is 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.