Mauricio Zorrilla and Michael Suarez, CSC Docket No. 2022-1885, 2022-1893

Mauricio Zorrilla and Michael Suarez request that they be permitted to submit applications for the promotional examination for Police Sergeant (PM4542C), Elizabeth, after the application filing deadline. These appeals have been consolidated due to common issues presented by the appellants.

BackgroundBy way of background, the announcement for the subject examination issued on October 1, 2021 with an application filing deadline of October 21, 2021 and all applications had to have been received by that date. A review of the record finds that that Zorrilla submitted an application for Police Sergeant (PM4580C), Linden, and Suarez submitted an application for County Police Sergeant (PC4660C), Union County. It is noted that both appellants submitted timely applications. The Division of Agency Services determined that the appellants were ineligible as they were not employed in the respective county or municipal departments. It is noted that the subject examination was administered on February 26, 2022.

In an appeal filed on February 17, 2022, Zorrilla explains, “today I contacted the Civil Service [Commission (Commission)] and . . . I was advised that I was rejected due to being in the wrong [unit scope]. I was told that I applied under the department of Linden . . . I work with the Elizabeth Police Department. I was not aware of this error and would have fixed it if I knew sooner.” In this regard, Zorrilla contends that he was further advised that a notice of ineligibility dated December 1, 2021 was sent to him but he did not receive it. Zorrilla maintains that he is “uncertain as to how this error occurred.” Suarez, in an appeal filed on February 17, 2022, presents that he “inadvertently chose Union County since I did not see Elizabeth as an option I assumed that Union County would be the correct choice because Elizabeth is in Union county.” Suarez indicates that when he did not receive notification regarding the test date and location, he contacted the Commission and was informed that “I made the wrong selection, therefore making me ineligible to take the exam.” He explains that in December 2021, he “became very ill for more than two weeks . . . and was unable to function and check my mail thoroughly . . .” and thus, did not see the notice of ineligibility dated December 1, 2021.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a)4 provides that applicants for promotional examinations shall submit an application on or before the announced application filing date. N.J.A.C. 4A:4-2.1(e) provides, in part, that applications for promotional examinations shall be submitted 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 shown in a particular situation.

AnalysisIt is noted that the subject announcement indicated that only online applications would be accepted and directed candidates to “visit www.state.nj.us/csc and select ‘Job Announcements’ to view this announcement and to file an application.” On the “Job Announcements” page, candidates for the subject examination would select the “View Promotional Announcements here” link (https://info.csc.state.nj.us/epoa/) which would take them to the following screen:

Candidates should have proceeded to the “Promotional Announcements for New Jersey Municipalities” section and used the pull-down menu in the “Select” box to choose the jurisdiction in which they are employed. Once candidates selected the appropriate jurisdiction, they would be taken to a screen (https://info.csc.state.nj.us/epoa/ListMunicipal.aspx) which listed all available promotional examinations for their jurisdiction. It is noted that after a candidate selects a promotional symbol, he or she is taken to a warning screen in order to provide the candidate with another opportunity to verify that he or she is employed by the State, department, county or municipality, as applicable, before choosing to continue. If the candidate elects to continue, he or she is taken to a copy of the announcement which provides a link to begin the application process.

In the present matter, the appellants intended to apply for the subject announcement and they successfully submitted timely applications although for the incorrect symbol. 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). Given this, good cause exists to relax the provisions of N.J.A.C. 4A:4-2.6(a)4 and allow the appellants to file applications after the application deadline for Police Sergeant (PM4542C), Elizabeth. However, the Commission cautions the appellants to ensure that they apply to the appropriate promotional announcement for future examinations as this remedy will not be afforded to them in the future.

ORDER

Therefore, it is ordered that these requests be granted and the appellants be permitted to submit applications for Police Sergeant (PM4542C), Elizabeth. It is also ordered that the appellants submit a promotional examination application and the $50.00 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 their applications be processed. If an appellant’s application and the required payment is 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. It is further ordered that upon determination of eligibility, the appellants be scheduled for a make-up examination.

ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.