Emily DeMaio, CSC Docket No. 2022-1761

Appellant's argumentEmily DeMaio requests to be permitted to submit a late application for the Environmental Specialist 2 (PS7817G), Department of Environmental Protection (DEP), examination.

BackgroundBy way of background, the announcement for the subject examination was issued on January 1, 2022 and was open to employees in the competitive division who were currently serving in the title of Environmental Specialist 1 and possessed an aggregate of one year of continuous permanent service as of the January 21, 2022 closing date. It is noted that three candidates filed for the subject examination and are awaiting eligibility determinations. Thus, the examination has not yet been scheduled. The appellant did not file for the subject examination, but rather, she filed for the Environmental Specialist 2 (PS7593G), DEP, examination which was open to employees in unit scope G770 - Division of Air Quality, and had the same issuance and closing date as the Environmental Specialist 2 (PS7817G), DEP, examination which was open to the appellant’s unit scope, G777 - Division of Energy, Security and Sustainability. The Division of Agency Services’ review of the appellant’s application found the appellant to be ineligible for the (PS7593G) examination, as she was not employed in the announced unit scope.

Appellant's argumentOn appeal to the Civil Service Commission (Commission), the appellant asserts that she mistakenly applied for the Environmental Specialist 2 (PS7593G), DEP, examination when she should have applied for the Environmental Specialist 2 (PS7817G), DEP, examination. Thus, she is requesting to submit a late application for the subject examination. Moreover, agency records indicate that the appellant has been serving as an Environmental Specialist 2, provisionally pending promotional examination procedures, since July 31, 2021.

CONCLUSION

RuleN.J.A.C. 4A:4-2.1(e) provides that unless otherwise provided for by the Chairperson of the Commission or designee, applications for promotional examinations shall be submitted to the Commission 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 in a particular circumstance in order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisIn the instant matter, the appellant did not submit an application by the January 21, 2022, closing date for the subject examination because she 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.

Nonetheless, the record indicates that the appellant continues to serve provisionally in the subject title, and that she timely filed an application for the subject title albeit to the wrong unit scope. Allowing the appellant to submit an application for the subject examination after the closing date minimally increases the candidate pool. Further, as noted previously, the current examination for the subject title has not yet been scheduled. Therefore, based on all of the foregoing, the Commission finds that there is good cause to relax N.J.A.C. 4A:4-2.1(e) and allow the appellant to submit a late application for the subject examination after the closing date. In this regard, the purpose of the Civil Service system is 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, she must timely file an application. As this remedy is limited to the unique circumstances of this matter, it does not provide a precedent in any other matter.

ORDER

Therefore, it is ordered that this appeal be granted, and that Emily DeMaio be permitted to submit a promotional application for the Environmental Specialist 2 (PS7817G), DEP, examination. It is further ordered that the appellant submit a promotional application and the $25.00 application processing fee to the Division of Agency Services within 15 days of the issuance date of this decision. Upon receipt of her application and processing fee, it is ordered that her application be processed for prospective appointment consideration. Finally, if the appellant’s application and the required payment is not postmarked within 15 days of the issuance date of this decision, she 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.