William Young (PM4661C), CSC Docket No. 2022-1339

Appellant's argumentWilliam Young requests permission to file a late application for the promotional examination for Police Sergeant (PM4661C), Union Township.

BackgroundBy way of background, the petitioner was appointed to the title of Police Officer with Union Township, effective July 20, 2015. The Police Sergeant (PM4661C), Union Township 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. On October 4, 2021, the petitioner submitted an application for the promotional examination for the County Police Sergeant (PC4660C), Union County examination, which was open to Union County employees with three years of continuous permanent service in the title of County Police Officer as of the closing date. Upon review of his application, the Division of Agency Services deemed him ineligible for the PC4660C examination, because he was not employed in the announced unit scope.

Thereafter, the petitioner appealed the determination that he was ineligible for the PC4660C examination. Upon receipt, this agency processed his appeal as a request to file symbol a late application for the Police Sergeant (PM4661C), Union Township examination, as the record appeared to indicate that he filed an application for the PC4660C examination in error. It is noted that the petitioner was conditionally admitted to the examination, which was administered on February 26, 2022.1 The subject eligible list has not yet promulgated.

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 Police Sergeant (PM4661C), Union Township examination were due by the application filing deadline of October 21, 2021. The petitioner, who serves as a Police Officer with Union Township applied for the County Police Sergeant (PC4660C), Union County examination on October 4, 2021, in error. Given that the petitioner appears to have made a good faith effort to submit a timely application for a promotional examination but did so for the wrong symbol, 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 (PM4661C), Union Township examination.

ORDER

Therefore, it is ordered that this request be granted, the petitioner’s application for the Police Sergeant (PM4661C), Union Township examination be accepted and the petitioner be admitted to the examination.

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