Janet Chiong- Morillo, CSC Docket No. 2022-1929

BackgroundJanet Chiong-Morillo requests permission to submit a late application for the promotional examination for Social Work Supervisor Bilingual in Spanish and English (PC5129C), Bergen County Board of Social Services.

The announcement for the subject examination issued on December 1, 2021 with a closing date of December 21, 2021. The announcement required, among other things, payment of a $25 application processing fee. The status of the appellant’s application in agency records as of December 17, 2021 was pending as the payment selection had not been completed. The examination resulted in an eligible list of three names that promulgated on February 24, 2022 and expires on February 23, 2024. A certification issued from the list on February 28, 2022, but it has not yet been returned.

Appellant's argumentOn appeal to the Civil Service Commission (Commission), the appellant submits a copy of her application and a printout of the online “Payment Verification” page from State of New Jersey Payment Processing Services. The printout indicates a “Transaction Summary” of $25 in examination fees; the appellant’s billing information; and a “Payment Method” section, which includes the appellant’s name, the credit card type and redacted credit card and card verification numbers. The appellant maintains that the “Payment Verification” proves that her application was paid for.

CONCLUSION

RuleN.J.A.C. 4A:4-2.17 provides, in pertinent part, that unless the fee is reduced because the applicant is a veteran, a $25.00 processing fee shall be charged for each promotional examination application and that applications received without a fee shall not be processed. N.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. 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 appellant’s belief that she had made full payment for the subject examination based on the “Payment Verification” page, though mistaken, was a reasonable one. In this regard, the printout indicates a “Transaction Summary” of $25 in examination fees and redacted credit card information, and the appearance of the page could understandably have been given the impression that the payment process was complete. 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, she must timely file an application.

ORDER

Therefore, it is ordered that Janet Chiong-Morillo be permitted to submit an application for Social Work Supervisor Bilingual in Spanish and English (PC5129C), Bergen County Board of Social Services. It is further ordered that Chiong-Morillo 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 her application be processed. Finally, if Chiong-Morillo’s application and the required payment are not postmarked on or before the 15th day after 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.