Monique McCain, CSC Docket No. 2022-1436

Appellant's argumentMonique McCain requests to file a late application for the promotional examination for Program Support Specialist 3, Assistance Programs (PS6975K), Division of Medical Assistance and Health Services.

BackgroundThe examination at issue was announced open to employees in unit scope K250 who me the listed requirements as of the November 22, 2021 closing date. A total of 17 employees applied and all 17 were admitted to the examination. The method for testing the subject announcement has not been determined.

Appellant's argumentOn appeal, the petitioner explains that she has been employed by the appointing authority since August 2019 in unit scope K250 and as she is serving provisionally in the subject title, she was notified to apply for the subject examination. However, she mistakenly applied for Program Support Specialist 3, Assistance Programs (PS7034K), which was open to unit scope K500. She realized her error upon receiving the notice of her ineligibility for the (PS7034K) examination. Therefore, she states that she made an honest mistake and requests to submit a late application for the subject examination. The petitioner encloses a $25 money order for the application fee with her 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 explains that there were two examinations for the subject title, a title she is currently serving in as a provisional. She indicates that instead of applying for the subject examination which was open to her unit scope, she applied for the wrong symbol, which was not open to her unit scope. 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). Moreover, the Commission finds that it would be patently unfair to penalize the petitioner for such an error where the result would be the potential foreclosure from promotional opportunities in the subject title for at least the life of the (PS6975K) list. Therefore, the Commission finds that there is good cause to relax N.J.A.C. 4A:4-2.1(e) and to allow the petitioner to submit her application and application fee after the closing deadline. The Commission cautions the appellant to ensure that she properly and timely submit any future applications.

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 Program Support Specialist 3, Assistance Programs (PS6975K), Division of Medical Assistance and Health Services examination. 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 her application be processed. If the petitioner’s application is not postmarked on or before the 15th day after the issuance date of this decision, she will not be entitled to have her application reviewed. The Division of Appeals and Regulatory Affairs shall forward her $25 money order for the application fee to the Division of Agency Services.

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