Joseff Linsangan, CSC Docket No. 2022-1530

BackgroundJoseff Linsangan, Niove Ramirez and Charly Lara appeal the determinations of the Division of Agency Services (Agency Services) which found that they were not employed in the announced unit scope for the promotional examination for County Correctional Police Sergeant (PC4825C), Hudson County. These appeals have been consolidated due to common issues presented by the appellants.

By way of background, the announcement for the subject examination was issued on November 1, 2021 and open to employees in the competitive division who had an aggregate of three years of continuous permanent service and were serving in the County Correctional Police Officer title as of the November 22, 2021 closing date. A review of available records finds that effective January 10, 2019, the appellants received regular appointments to the County Correctional Police Officer title in Hudson County. Available records further indicate that Linsangan resigned in good standing effective March 26, 2019 and Ramirez and Lara effective March 29, 2019. Accordingly, Agency Services determined that the appellants were ineligible as the available employment records indicated that they were not employed in the announced unit scope.1 It is noted that 102 eligible candidates were admitted, and the examination for County Correctional Police Sergeant is tentatively scheduled to be administered in May 2022.

1 It is noted that the appellants were sent ineligibility notices dated December 22, 2021 which indicated the reason for their ineligibility as “not employed in the announced unit scope.” A review of the available employment record that is used to determine eligibility, the County and Municipal Personnel System (CAMPS), indicates that the appellants resigned in good standing in March 2019, as indicated above. However, this did not affect their eligibility for the subject test since, as discussed below, they

Appellant's argumentOn appeal, Linsangan presents that he is “currently employed at the Hudson County Corrections and Rehabilitation Center and have been since January 2019.” In support of his appeal, Linsangan submits copies of his Hudson County Department of Corrections identification card and Hudson County earning statements for the periods ending January 18, 2019 and December 3, 2021.

Ramirez maintains that she “has been working for Hudson County Department of Corrections since 01/05/2019. I have been a State employee for 3 years and am eligible to take the County Corrections Sergeant exam in 2022.” In a subsequent submission, the appellant asserts that at the time of the administration of the subject test, she will “have over 3 years of required experience working at the Correctional Facility . . . I also have a co-worker, who I started with, that has not received a denial letter.” The appellant submits “an a[d] I came across of Hudson County Corrections hiring for Correctional Officers. How is it possible that I would be able to qualify for a promotional position with someone who didn’t take the exam to begin with? I had to study, be on a list, and wait, but someone who just got hired through a referral and on the spot, will be able to apply for the same position as myself. How is that fair? How will the process go to become a sergeant in the future? Will it be like that a[d]?” In support of her appeal, Ramirez submits copies of her Hudson County Department of Corrections identification card, Hudson County earning statement for the period ending January 18, 2019, and a recruitment flyer for Correctional Police Recruit issued by the Hudson County Department of Corrections & Rehabilitation.2

Lara indicates that he has been “employed by the Hudson County Department of Corrections since January 2019 . . . However, I received a letter from the State stating I am not an employee.” In support of his appeal, Lara submits copies of his Hudson County Department of Corrections identification card and Hudson County earning statements for the periods ending January 18, 2019 and December 3, 2021.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(b) provides that in local service, applicants for promotion from entry level law enforcement titles must have three years of continuous did not possess three years of continuous permanent status in the title of County Correctional Police Officer in Hudson County as of the November 22, 2021 closing date.

Analysis2 The flyer submitted by Ramirez on appeal may be accessed on the Hudson County website, https://www.hcnj.us/corrections/careers/. See https://www.hcnj.us/wp-content/uploads/2022/03/ Corrections-recruitment-flyer-newest-firefox-fix.pdf.

permanent service in a title to which the examination is open by the announced closing date.

As noted above, effective January 10, 2019, the appellants received regular appointments to the County Correctional Police Officer title in Hudson County. Assuming continuous service from January 10, 2019 through the November 22, 2021 closing date, the appellants had 2 years, 10 months and 12 days of pertinent experience. Therefore, they did not possess the required three years of continuous permanent status in the title of County Correctional Police Officer in Hudson County as of the closing date. Although Ramirez argues that she will possess the requisite experience by the test administration date, pursuant to N.J.A.C. 4A:4-2.6(b), eligibility is determined as of the closing date and not at the time of the test administration.

With respect to Ramirez’ argument that a “co-worker, who I started with, that has not received a denial letter,” Ramirez does not provide any further information. However, it is noted that a review of the record finds that the appellants were appointed from the certification issued September 11, 2018 (Certification No. OL180950) for County Correctional Police Officer (S9999U), Hudson County. In disposing of the certification, Hudson County appointed 15 individuals, including the appellants, all with an effective appointment date of January 10, 2019. Of those 15 individuals, five, including the appellants, applied for the subject examination. It is noted that all five applicants were found ineligible. It is further noted that the reason for ineligibility for three of these five individuals, i.e., the appellants, was determined as “not employed in the announced unit scope.” In this regard, as noted above, Linsangan is recorded in CAMPS as resigning in good standing effective March 26, 2019 and Ramirez and Lara are recorded as resigning in good standing effective March 29, 2019. Given that all three applied for the subject exam and do not indicate resignations in their respective appeals, it would appear that these resignations in good standing may have been recorded in error. Accordingly, Agency Services, in conjunction with the appointing authority, should review the employment records for Linsangan, Ramirez and Lara and make any necessary corrections.

Regarding the recruitment flyer for Correctional Police Recruit, although Hudson County’s hiring process is not clear from the recruitment flyer, it is noted that N.J.S.A. 11A:4-1.3, which took effect on August 4, 2021, permits a law enforcement agency to hire a person, exempt from the requirement to take the entry level law enforcement examination conducted by the Civil Service Commission, who has successfully completed the full Basic Course for Police Officers at a school approved and authorized by the New Jersey Police Training Commission. Subsequently, P.L. 2021, c. 406, which was approved on January 18, 2022 and scheduled to take effect on July 18, 2022, amends N.J.S.A 11A:4-1.3 to read as follows:

The Civil Service Commission shall exempt from the requirement to take an examination for an entry-level law enforcement officer position, entry-level sheriff’s officer position, or entry-level State or county correctional police officer position a person who successfully completes a full Basic Course for Police Officers training course or a full Basic

Course for Correction Officers training course at a school approved and authorized by the New Jersey Police Training Commission within nine months from the date of hire as a temporary entry-level officer under the provisions of this section . . . Upon successful completion of the training course, any person employed under the provisions of this section shall be appointed from a temporary to a permanent entry-level law enforcement police officer, entry-level State or county correctional police officer, as appropriate.

In essence, successful completion of the full basic training course has been equated to passing the entry level law enforcement examination and permits appointing authorities to hire those individuals absent open competitive list issuance and normal Civil Service certification and appointment procedures. It is emphasized, however, that regardless of the hiring method utilized by Hudson County, in order to be eligible for the subject exam, an individual must possess three years of continuous permanent service in the County Correctional Police Officer title in Hudson County as of the November 22, 2021 closing date.

ORDER

Therefore, it is ordered that these appeals be denied. It is further ordered that Agency Services, in conjunction with the appointing authority, review the employment records for Niove Ramirez, Joseff Linsangan and Charly Lara, and make any necessary corrections.

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