Danny Frias, CSC Docket No. 2022-1708

Appellant's argumentDanny Frias requests to file a late application for the promotional examination for Tree Maintenance Worker 2 (PM5148C), Clifton.

BackgroundThe examination at issue was announced with requirements that had to be met as of the December 21, 2021 closing date. A total of one employee applied and that applicant was 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 he was on vacation from November 30, 2021 through December 31, 2021. He submits timesheets from the appointing authority which indicate that he was on vacation during this time. The petitioner indicates that the Department of Public Works posted the subject announcement by the timeclock, but he did not see it as he was not there. Further, the appointing authority mailed him the subject announcement; however, it was sent to a previous address where he no longer resides. He submits documentation to show that the appointing authority sent him certified mail to his prior address, which was unclaimed. The petitioner asserts that he meets all the requirements for the subject examination.1

Background1 Personnel records indicate that he has been provisionally serving in the subject title since June 2021.

Appellant's argumentFurther, he has been permanently serving as a Tree Maintenance Worker 1 since October 2017, which is the title to which the subject examination is open.

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 petitioner explains that he was on vacation during the time when the subject examination was announced through the closing date, which is why he did not see the announcement posted in the facility. Additionally, the appointing authority mailed the announcement to the appellant via certified mail, but the announcement was sent to his prior address and, therefore, unclaimed. 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). Moreover, the examination is incomplete as there is only one applicant who was admitted, and the petitioner continues to serve provisionally in the subject title after the closing date. 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.

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 Tree Maintenance Worker 2 (PM5148C), Clifton 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.