David Thomas, CSC Docket No. 2022-1672

Appellant's argumentDavid Thomas requests to file a late application for the promotional examination for Senior Cottage Training Technician (PS7333K), Woodbine Developmental Center.

BackgroundThe examination at issue was announced with requirements that had to be met as of the December 21, 2021 closing date. A total of 68 employees applied and 68 were admitted to the examination. The method of testing has yet to be determined, and therefore, the examination has not yet been scheduled and the list has not yet promulgated.

Appellant's argumentOn appeal, the petitioner presents that upon review of the receipt of his application confirmation, he realized that he applied for the incorrect promotional application.1 Therefore, he requests to submit a late application for Senior Cottage Training Technician (PS7333K), Woodbine Developmental Center.

Background1 The appellant applied for the announcement for Technical Assistant 3, Civil Service Commission (PS7420C). As the appellant is an employee of the Department of Human Services, and not the Civil Service Commission, where the above position exists, he is ineligible for that position by rule.

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 record indicates that the petitioner is a Cottage Training Technician for the Woodbine Developmental Center. However, instead of applying for the subject examination, he incorrectly applied for Technical Assistant 3, Civil Service Commission (PS7420C). 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). Further, it would be inequitable to prohibit the appellant for such a promotional opportunity for the life of the subject list based on such an error. 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. The Commission cautions the petitioner to be more careful when applying for an examination to ensure that he applies for the correct examinations in the future.

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 Senior Cottage Training Technician (PS7333K), Woodbine Developmental Center 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.