April Garrison, CSC Docket No. 2022-1481

Appellant's argumentApril Garrison requests that she be permitted to submit an application for the promotional examination for County Correctional Police Lieutenant (PC4960C), Salem County, after the application filing deadline.

BackgroundBy way of background, the announcement for the subject examination issued on November 1, 2021 with a November 22, 2021 closing date and all applications had to have been received by 4:00 p.m. on that date. It is noted that the subject examination was administered on May 26, 2022.

Appellant's argumentOn appeal, Garrison indicates that she was unable to file a timely application as she has been on leave since August 2021 and “SCCF does not mandate us to check our work email while off of work no matter the length of leave.” She explains, in part, that she “barely had time to think of my job let alone check my email for work.” She further explains that “the county did contact me and let me know that the posting was going out . . . However, the notification was sent to my county email and having not been in the habit of checking it . . . I got the notification later than I would have liked. I tried on the last day, November 22nd, to do my application but the application can’t be done on a mobile device 1 and that is all I had available to me at the time and I was not able to get to a computer till after the deadline cutoff.” In support of her appeal, she provides additional documentation including a copy of a letter dated August 31, 2021 from Stacy L. Pennington, Director of Human Resources and Payroll, Salem County, indicating that “intermittent leave will begin on 10/27/2021 and will conclude on 8/31/2022.”

1 As indicated on the Civil Service Commission’s (Commission) website, under “Browser Compatibility Statement,” “Please use a desktop or laptop computer to access your application, as the Online Application System is not supported by mobile devices.” See https://www.state.nj.us/csc/seekers/jobs/announcements/.

CONCLUSION

RuleN.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) provides, in part, that applications for promotional examinations shall be filed no later than 4:00 p.m. on the announced filing date.

AnalysisIn the present matter, Salem County was contacted regarding this matter and indicates that Garrison “was out of work on consecutive Family Medical Leave (FMLA) beginning August 31, 2021, through October 24, 2021 . . . [and] was off on approved leave . . . for the remainder of 2021, returning to work at the Correctional Facility on January 1, 2022.” Salem County confirms that “it is not a requirement for staff to check their county email when they are out of work, however after the promotional examination announcement emails were sent via county email, you will see examples of Sergeant Garrison responding to other emails on the county email system.” Salem County further explains that notification regarding the subject test was emailed to all eligible candidates on October 26, 2021 and an HR representative contacted Garrison via text message on October 27, 2021 in which Garrison “was offered to have the notification emailed or mailed and she requested email which was done on 10/27/21 @ 12:10 p.m.” In this regard, Salem County submits additional documentation including: a copy of the email sent on October 26, 2021 to “SCCF – Sergeant” regarding the announcement for the subject test; and a screenshot of the text conversation which Salem County indicates is between the Payroll/HR Supervisor and Garrison on October 27, 2021 in which the HR representative indicates, in pertinent part, “Ok we have the LT’s announcement for civil service. Do you want it mailed or emailed[?]” and Garrison replies, “Email is fine. Thank you”; an email sent on October 29, 2021 to “SCCF-Sworn,” in part, offering congratulations to officers who graduated from the Camden County Correctional Police Academy to which Garrison replied on November 2, 2021, “Awesome job. Congratulations to you all”; an email sent on November 12, 2021 to “SCCF-Sworn,” in part, regarding the FLU Vaccine Clinic for SCCF Staff to which Garrison replied on November 14, 2021, “Sign me up please.”

In addition, the Commission notes that promotional examinations for law enforcement titles are announced and given according to established schedules for each title group. In this regard, the County Correctional Police Officer and Sheriff’s Officer Promotional Processing 2021 Schedule, which was published to the Commission website, indicated that for the County Correctional Police Lieutenant title, announcements would be issued on November 1, 2021. Moreover, public safety promotional announcements are posted to the Commission website. While it remains the responsibility of the appointing authority to properly post promotional announcements pursuant to N.J.A.C. 4A:4-2.1(b), there is a wealth of candidate resources available on the Commission website. However, it is the candidate's responsibility to access these resources.

ORDER

Therefore, it is ordered that this appeal be denied.

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