G.L., CSC Docket No. 2022-1744

BackgroundG.L. requests relief with respect to the promotional examination for Senior Engineer Transportation (PS7383T), Department of Transportation.

As background, the subject examination was announced with a closing date of December 21, 2021 and was open to employees in the competitive division who were currently serving in the title of Assistant Engineer Transportation and had an aggregate of one year of continuous permanent service as of the closing date in that title or 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 met the requirements listed in the announcement. It is noted that 179 applicants have been admitted to the examination.

Appellant's argumentOn appeal to the Civil Service Commission (Commission), the appellant indicates that he suffers from dyslexia, which caused him to incorrectly apply for the promotional examination for Senior Engineer Transportation (PS7362T), Department of Transportation. He explains that at points, words, numbers, and a combination of the two can group together and “shift.” Typically, according to the appellant, the first and last number/letter of the grouping will stay while the characters in-between shift around actively. He states that PS7383T and PS7362T can effectively look the same to him. The appellant adds that he had his supervisor review his application before submitting, but his supervisor did not catch the error.

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 closing date for the subject examination and incorrectly filed for the wrong examination. The Commission generally denies requests to accept late examination applications, as N.J.A.C. 4A:4-2.1(e) requires applicants to file their applications by the closing date. In that regard, in In the Matters of Supervising Family Service Specialist 2 (PS1035K), Supervising Family Service Specialist 2 (Bilingual in Spanish and English) (PS1036K), Supervising Family Service Specialist 1 (PS1032K), Supervising Family Service Specialist 1 (PS1015K), and Family Service Specialist 1 (PS2267K), Department of Children and Families, (CSC, decided October 19, 2016), the Commission determined that it would not permit applicants who file for an incorrect examination symbol to file a late application for the correct symbol given that there are numerous warnings provided to ensure the proper symbol is used when initially applying for the test. However, under the circumstances presented, the Commission finds that there is good cause to allow the appellant to submit a late application for the subject examination.

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).

Finally, the Commission notes that the appellant’s remedy is based on the particular circumstances of this matter, and for future examination announcements, he must timely file an application.

ORDER

Therefore, it is ordered that G.L. be permitted to submit an application for Senior Engineer Transportation (PS7383T), Department of Transportation. It is further ordered that G.L. 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 G.L.’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.