Terry Allen, CSC Docket No. 2022-1526

Appellant's argumentTerry Allen requests permission to submit a late application for the promotional examination for Supervisor of Operations (PS7315I), Department of Corrections.

BackgroundThe announcement for the subject examination issued on December 1, 2021 with a closing date of December 21, 2021 and was open to employees in the competitive division who had an aggregate of one year of continuous permanent service as of the closing date in any competitive title and possessed a Bachelor’s degree and four years of experience in the review and evaluation of operational methods, the planning and scheduling of workflow in a high production, high volume unit responsible for the processing of various revenue generating or financial documents or other transactions, one year of which shall have been in a supervisory capacity. Applicants who did not possess the required education could substitute, in addition to the required experience, applicable experience on a year-for-year basis, with 30 semester hour credits being equal to one year of experience. There are two applicants for the examination. The Online Application System (OAS) indicates that as of December 16, 2021, the appellant’s application was pending as the payment selection was not completed.

Appellant's argumentOn appeal to the Civil Service Commission (Commission), the appellant states that there was an error at some point in the credit card payment process on December 16, 2021 and that he mailed a $25 check for the application processing fee on December 17, 2021. In support, the appellant submits a postal tracking report, which reflects that the appellant mailed an item to this agency’s physical address on December 17, 2021; the item was delivered and left with an individual on December 22, 2021; and an individual signed for the item. The appellant also submits an affidavit in which he attests that he mailed a $25 check on December 17, 2021.1

CONCLUSION

RuleN.J.A.C. 4A:4-2.1(e) provides, in pertinent part, that unless otherwise provided for by this agency, applications for promotional examinations shall be submitted no later than 4:00 P.M. on the announced application filing date.

AnalysisIn this matter, the appellant did not submit an application by the closing date for the subject examination. However, in this specific instance, the Commission finds that there is good cause to allow the appellant to submit a late application for the subject examination. Specifically, the record reflects that on December 16, 2021, the appellant was in the OAS attempting to complete payment for his application by credit card. Further, he attests via affidavit that he mailed a $25 check the very next day, December 17, 2021. For reasons not entirely clear, the check was never received by any appropriate party within this agency, and there is no evidence that it was cashed. 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. 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). However, the Commission notes that the appellant’s remedy is based on the particular circumstances of this matter.

ORDER

Therefore, it is ordered that Terry Allen be permitted to submit an application for Supervisor of Operations (PS7315I), Department of Corrections. It is further ordered that Allen submit the attached 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. Finally, if Allen’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 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.

1 There is no evidence in the record that the check reached any appropriate party within this agency or that the check was cashed.