Peter Calabrese, CSC Docket No. 2022-1957

Appellant's argumentPeter Calabrese requests that he be permitted to submit an application for the promotional examination for Police Sergeant (PM4505C), Atlantic City, after the application filing deadline.

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 the Online Application System (OAS) indicates that the appellant began his application for the subject test on October 6, 2021 at 2:33 p.m. and at 2:38 p.m., he began the payment process. However, OAS further indicates, “Application Pending – Payment selection not completed.” It is noted that the subject examination was administered on February 26, 2022.

Appellant's argumentIn an appeal filed on February 25, 2022, Calabrese indicates that he contacted the OAS technical support unit on February 22, 2022 “in reference to my application not being processed on 10/06/2021 . . . For whatever reason my application was not fully processed, I have been informed that this could have been as a result of misunderstanding of the computer system, an issue with the computer connection at the final step of the process or even a result of my recovery at that time from a . . . positive test result as I was still experiencing severe complications . . .” In support of his appeal, the appellant provides additional documentation including: a copy of his completed application from OAS dated October 6, 2021 for the subject test; a copy of a Payment Verification form from the State of New Jersey Payment Processing Services indicating the appellant’s billing information, payment method and a description of the transaction which indicates “Examination Fees” in the amount of $50; a Certificate to Return to Work form from his physician dated October 5, 2021 which indicates that the appellant “will be unable to work or go to school from October 5, 2021 to October 25, 2021;” and a copy of his lab test results printed on September 27, 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.

AnalysisIn the present matter, the appellant attempted to file a timely application for the subject announcement on October 6, 2021 but for reasons that are unclear, Calabrese’s payment was not fully processed by OAS, despite the information indicated on the Payment Verification form. 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 appellant to file an application after the application deadline for Police Sergeant (PM4505C), Atlantic City. This remedy is limited to the facts of this matter and may not be used as precedent for any other proceeding.

ORDER

Therefore, it is ordered that this request be granted and the appellant be permitted to submit an application for Police Sergeant (PM4505C), Atlantic City. It is also ordered that the appellant 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 his application be processed. If the 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 appellant 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.