Young Kim, CSC Docket No. 2022-1665

Young Kim (PC4926C), Bergen County; Jacob Sidwa (PC4928C), Camden County; and Timothy Brown (PC4985C), Atlantic County; request that they be permitted to submit applications for the promotional examination for Sheriff’s Officer Lieutenant (various jurisdictions), after the application filing deadline. These appeals have been consolidated due to common issues presented by the appellants.

BackgroundBy way of background, the announcements for the above noted Sheriff’s Officer Lieutenant examinations were issued on November 1, 2021 with a November 22, 2021 closing date and all applications had to have been received by that date.1 A review of the record finds that Kim submitted an application for Sheriff’s Officer Sergeant (PC4931C), Bergen County; Sidwa submitted an application for Sheriff’s Officer Sergeant (PC4934C), Camden County; and Brown submitted an application for Sheriff’s Officer Sergeant (PC4994C), Atlantic County.

1 The announcement for Sheriff’s Officer Lieutenant (PC4926C), Bergen County, was open to Bergen

County employees in the competitive division who had an aggregate of one year of continuous permanent service as of the November 22, 2021 closing date and were serving in the title of Sheriff’s Officer Lieutenant; the announcement for Sheriff’s Officer Lieutenant (PC4928C), Camden County, was open to Camden County employees in the competitive division who had an aggregate of one year of continuous permanent service as of the November 22, 2021 closing date and were serving in the title of Sheriff’s Officer Lieutenant; and the announcement for Sheriff’s Officer Lieutenant (PC4985C), Atlantic County, was open to Atlantic County employees in the competitive division who had an aggregate of one year of continuous permanent service as of the November 22, 2021 closing date and were serving in the title of Sheriff’s Officer Lieutenant.

It is noted that all of the appellants submitted timely applications. The Division of Agency Services determined that the appellants were ineligible as the announced title did not represent a promotion.2 It is noted that the Sheriff’s Officer Lieutenant examination is tentatively scheduled to be administered in May 2022.

Appellant's argumentOn appeal, Kim explains that while he intended to apply for Sheriff’s Officer Lieutenant (PC4926C), he “understood the ‘Title: Sheriff’s Officer Sergeant’ as the current title required to apply for the examination.” Sidwa asserts that he “inadvertently registered for the Sheriff’s Officer Sergeant Exam by mistake. I was unaware that I made this error at the time, and it was not until I received notification from the Civil Service Commission that I was ineligible for the title of Sheriff’s Officer Sergeant, that I realized an error had been made. I am still unaware as to how I erred on this.” Brown indicates that he is “currently a Sergeant with the Atlantic County Sheriff’s Office and received my notice of ineligibility at the end of December. This was a shock, and I immediately realized my mistake.”

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a)4 provides that applicants for promotional examinations shall submit an application on or before the announced application filing date. N.J.A.C. 4A:4-2.1(e) provides, in part, that applications for promotional examinations shall be submitted no later than 4:00 p.m. on the announced application filing date. N.J.A.C. 4A:1-1.2(c) provides that a rule may be relaxed for good cause shown in a particular situation.

AnalysisIn the present matter, the appellants intended to apply for the Sheriff’s Officer Lieutenant announcement issued by the respective jurisdictions in which they are employed and they successfully submitted timely applications although for the incorrect symbol. 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). Given this, good cause exists to relax the provisions of N.J.A.C. 4A:4-2.6(a)4 and allow the appellants to file applications after the application deadline for Sheriff’s Officer Lieutenant (various jurisdictions). However, the Commission cautions the appellants to ensure that they apply to the appropriate promotional announcement for future examinations as this remedy will not be afforded to them in the future.

2 A review of the record finds that Kim, Sidwa and Brown were regularly appointed to and currently serve as Sheriff’s Officer Sergeants in their respective jurisdictions.

ORDER

Therefore, it is ordered that these requests be granted and the appellants be permitted to submit applications for Sheriff’s Officer Lieutenant (various jurisdictions). It is also ordered that the appellants submit a promotional examination application and the $50.00 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 their applications be processed. If an appellant’s application and the required payment is 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. It is further ordered that upon determination of eligibility, the appellants be admitted to their respective examinations.

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