Frank Kumankuma- Sarpong, CSC Docket No. 2022-1475

BackgroundFrank Kumankuma-Sarpong requests to file a late application for the promotional examination for Family Service Supervisor (PC4847C), Essex County.

The examination at issue was announced open to employees in the Citizens Services department who had one year of continuous permanent services as a Family Service Worker1 or Family Service Worker, Bilingual in Spanish and English as of the November 22, 2021 closing date. A total of 176 employees applied and 171 were found eligible. The examination has not yet been scheduled.

By way of background, the petitioner attempted to initiate an application on the morning of November 22, 2021, and encountered a problem with his username and password. Thereafter, at 12:22 p.m., he requested a password reset and received a response at 3:28 p.m. Subsequently, the appellant completed sections of his application using the Online Application System (OAS) by 3:58 p.m., but although the appellant tried five different credit cards, his payment was unable to be completed. Accordingly, he was unable to complete his application by the 4:00 p.m. deadline on the closing date.2

Appellant's argumentIn his request, the petitioner argues, but for the continuous rejection of his payment in the OAS, his application, which was started before the closing date

Background1 Personnel records indicates that the appellant was appointed as a Family Service Worker in May

2006. 2 This background comes from the Division of Agency Services’ response to the appellant’s request to file a late application, which it denied, and a review of the OAS Status Report.

deadline, would have gone through. Therefore, he believes that his request should be granted.

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 he attempted to file his application for the subject examination before the 4:00 p.m. deadline on November 22, 2021, but due to issues with the OAS accepting his payment, he was not able to complete the application by the deadline. 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 under these circumstances where the result would be the potential foreclosure from promotional opportunities in the subject title for at least the life of the (PC4847C) 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 his application and application fee after the closing deadline.

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 Family Service Supervisor (PC4847C), Essex County examination. It is further ordered that the petitioner submit a promotional examination application and the $25.00 application processing fee to the Division of Agency Services. The application and processing fee must be postmarked no later than 15 days from the issuance date of this decision. Upon receipt of the application and processing fee, it is ordered that his application be processed. If the petitioner’s application and the required payment are not postmarked on or before the 15th day after the issuance date of this decision, he will not be entitled to have his application reviewed.

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