C.R., CSC Docket No. 2022-1333

BackgroundC.R.1 requests to be permitted to submit a late application for the Data Entry Operator 3 (PC4830C), Atlantic County, examination.

By way of background, the announcement for the subject examination was issued on November 1, 2021 and was open to employees in the competitive division who were serving in the title of Data Entry Operator 2 and who had an aggregate of one year of continuous permanent service as of the November 22, 2021 closing date. It is noted that three applicants filed for the subject examination and were admitted. It is further noted that an eligible list promulgated on December 15, 2021 and expires on December 22, 2024.

Appellant's argumentOn appeal to the Civil Service Commission (Commission), the appellant states that she was unable to file for the subject examination because the announcement for the examination was posted while she was on leave recovering from spinal surgery which left her incapacitated. The appellant further states that she required a walker, she was unable to sit erect for any length of time, and the medications she was taking to manage her pain and spasms left her incoherent and disorganized. In support of her appeal, the appellant provides copies of medical reports and doctor’s notes indicating that she would be out of work beginning September 28, 2021 due to surgery.

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 promotional 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.

Analysis1 Agency records indicate that the appellant was appointed provisionally pending promotional examination procedures effective June 13, 2021.

In 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, she 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 C.R. be permitted to submit an application for the Data Entry Operator 3 (PC4830C), Atlantic County, 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 her 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, she 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.