Javier Rosario, CSC Docket No. 2022-1402

Appellant's argumentJavier Rosario requests permission to file a late application for the promotional examination for County Correctional Police Sergeant (PC4825C), Hudson County.

BackgroundBy way of background, the subject examination was announced on November 1, 2021, with an application filing deadline of November 22, 2021, and all applications had to be received by 4:00 p.m. on that date.

Appellant's argumentThe petitioner, in support of his request, states that he did not learn about the subject examination announcement until December 6, 2021, when a co-worker told him that it had been announced in five consecutive lineups at the beginning of November. He explains that he was absent from the workplace during this timeframe, as he was on leave between November 1, 2021 and November 9, 2021 to attend to a personal matter. He further indicates that during the application period, he was only present in the workplace between November 10, 2021 and November 16, 2021. In support, he submits a copy of his work schedule for November 2021 and documentation which confirms that the petitioner was attending to the subject personal matter while on leave in early November 2021.

Appointing authority's argumentThe appointing authority states that candidates were notified about the examination announcement during five consecutive roll call lineups during the period the petitioner was on leave in early November 2021, electronically via the appointing authority’s PowerDMS system and on signage posted in the facility. The appointing authority further advises that because of a glitch in the PowerDMS system related to a tour change for the petitioner, he did not receive an electronic notification about the examination announcement. The appointing authority states that it does not have any objection to granting the petitioner’s request to file a late application for the subject examination.

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(b) provides:

In order to notify all employees of promotional opportunities, promotional examination announcements shall be posted on, and applications shall be made available through, the Civil Service

AnalysisCommission web site and may also be made available through the web sites of affected appointing authorities. If an affected appointing authority does not maintain or utilize a web site, promotional examination announcements shall be conspicuously posted by the affected appointing authority at all geographic locations within the unit scope (in State service) or department (in local service) to which the examination is open. Appointing authorities shall also ensure the notification by electronic or other means of all eligibles of the promotional examination announcement. Appointing authorities shall maintain a record of promotional examination announcement postings and the notification of eligibles of the announcement.

RuleN.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 November 22, 2021. However, the record evidences that while the appointing authority had the examination announcement posted at its facilities, notified eligibles about the examination announcement at roll call lineups and sent candidates an electronic notification about the subject examination, the petitioner did not receive the individualized notification described in N.J.A.C. 4A:4-2.1(b). Specifically, because of the petitioner’s absence from the workplace due to a personal matter in early November 2021, he was not present for any of the five roll call lineups in which information about the announcement was conveyed to eligibles and he did not receive an electronic notification because of a glitch in the appointing authority’s PowerDMS system. Moreover, the appointing authority states that it has no objection to allowing the petitioner to file a late application for the subject examination. 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 County Correctional Police Sergeant (PC4825C), Hudson County examination.

ORDER

Therefore, it is ordered that this request 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 petitioner 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.