Suzanne Mandrona, CSC Docket No. 2022-1431

BackgroundSuzanne Mandrona1 requests to be permitted to submit a late application for the Technical Assistant Personnel (PS6992K), Department Human Services, 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 had an aggregate of one year of continuous permanent service in any competitive title as of the November 22, 2021 closing date. The requirements also included possession of 60 semester hour credits from an accredited college or university and two years of experience in technical, clerical personnel work involving the application of procedural rules, regulations, policies, and procedures. It is noted that applicants who did not possess the required education could substitute additional experience as indicated above on a year-for-year basis with 30 semester hour credits being equal to one year of experience. It is further noted that two applicants filed for the subject examination and were admitted. Agency records reflect that the examination has not yet been scheduled.

Appellant's argumentOn appeal to the Civil Service Commission (Commission), the appellant states that she realized the length of time the subject examination had been posted, but as a result of being short staffed at work, working overtime, and dealing with other issues, she had logged on to the Online Application System (OAS) to file an application on the last date of the announcement. However, she was not able to file for the examination because of internet difficulties with her personal computer and that she had forgotten her password. The appellant further states that after contacting OAS support and receiving a response regarding her internet difficulties and help with resetting her password, it was too late to submit an application because it was past the November 22, 2021 4:00 p.m. filing date.

Background1 Agency records indicate that the appellant was appointed provisionally pending promotional examination procedures to the subject title effective February 27, 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. Initially, it is noted that a review of an email thread between the appellant and OAS Support reflects that the appellant contacted OAS Support on November 22, 2021 at 3:58 p.m. regarding her User ID/Password. The appellant received a response from OAS Support at 4:16 p.m. The appellant responded on November 23, 2021, advising OAS Support that she recalled her User ID/Password and requested that her email address not be changed. The appellant then advised OAS that, besides the issue with her password, she had issues with her computer at home. Thus, the foregoing confirms what the appellant states on appeal. In addition, a review of agency records reflect that the appellant has been serving provisionally pending promotional examination procedures in the subject title since February 27, 2021. Moreover, only two individuals filed for the subject examination and any resulting eligible list will be incomplete. 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.

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. In this regard, the purpose of the Civil Service system is 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 circumstances of this matter, and for future examination announcements, the appellant is cautioned that she must timely file an application and to contact OAS Support in advance of the due date so it can address any concerns prior to the examination closing date. 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 Suzanne Mandrona be permitted to submit an application for the Technical Assistant Personnel (PS6992K), Department of Human Services, 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.