Clifton Sledge, CSC Docket No. 2022-1687

Appellant's argumentClifton Sledge requests permission to submit a late application for the promotional examination for Sanitation Superintendent (PM5106C), Newark.

BackgroundThe announcement for the subject examination issued on December 1, 2021 with a closing date of December 21, 2021 and application deadline of March 21, 2022. The examination was open to employees in the competitive division who were currently serving in the title of General Supervisor Sanitation and had an aggregate of one year of continuous permanent service as of the closing date in that title. The examination was also 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 five years of experience in work involving the collection and disposal of refuse, three years of which shall have been in a supervisory capacity. There are 12 applicants for the examination. The Online Application System (OAS) indicates that the appellant made two attempts to complete an application, on December 15, 2021 and December 16, 2021, respectively. The status of the appellant’s December 16, 2021 application was pending as the payment selection was not completed. Subsequently, the appellant mailed a money order for the application processing fee, but the Division of Agency Services returned the payment because the payment selection had not been completed.

Appellant's argumentOn appeal to the Civil Service Commission (Commission), the appellant states that he attempted to complete the application but was timed out. He states that he tried again and reached the payment section, at which time he started to put in his credit card information. However, he was “knocked out [of] the program” and unable to receive confirmation. The appellant states that since his payment had not been accepted, he sent a money order.

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 application filing 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 the appellant attempted to complete an application on two separate dates, December 15, 2021 and December 16, 2021. When the appellant was unable to complete the payment process on the second attempt, he mailed a money order to this agency, evidencing his intent to make payment. Given the appellant’s two attempts to file an application; his representation that both sessions expired before he could complete the process; and his intent to make payment as evidenced by the money order he mailed to this agency, it would be inequitable to deny the appellant a promotional opportunity. 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 Clifton Sledge be permitted to submit an application for Sanitation Superintendent (PM5106C), Newark. It is further ordered that Sledge 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 Sledge’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.