Supervising Accountant (M0358C), CSC Docket No. 2022-2010

BackgroundThe City of Hoboken requests permission not to make an appointment from the November 22, 2021 certification for Supervising Accountant (M0358C), City of Hoboken.

The record reveals that the City of Hoboken provisionally appointed Joseph Setticase, pending open competitive examination procedures, to the subject title, effective April 26, 2021. An examination was announced with a closing date of September 21, 2021, that resulted in a list of eight eligibles with an expiration date of November 17, 2024. It is noted that Setticase was separated from the subject title on February 8, 2022. Furthermore, there are currently no employees serving provisionally pending open competitive examination procedures in the subject title with the appointing authority.

The appointing authority returned the certification and requested a waiver of the appointment requirement, stating that the separation of Setticase negated the need to hire for the subject title.

The appointing authority’s request for an appointment waiver was acknowledged, and it was advised that if its request were granted, it could be assessed for the costs of the selection process in the amount of $2,048. Although the appointing authority did not provide any additional information for the Civil Service Commission to review, it acknowledged the assessment of the selection cost in their original request.

CONCLUSION

In accordance with N.J.S.A. 11A:4-5, once the examination process has been initiated due to the appointment of a provisional employee or due to an appointing authority’s request to fill a vacancy, the appointing authority must make an appointment from the resulting eligible list if there are three or more interested and eligible candidates. The only exception to this mandate may be made for a valid reason such as fiscal constraints.

In the instant matter, the examination for the subject title was generated as a result of the provisional appointment of Setticase. However, after a complete certification was issued, the appointing authority requested an appointment waiver, explaining that Setticase was separated from his employment in the subject title, and there was no longer a need to fill the position. Thus, in conjunction with the fact that there are no provisionals currently serving, there is a sufficient justification for an appointment waiver.

Although an appointment waiver is granted in this matter, both N.J.S.A. 11A:4-5 and N.J.A.C. 4A:10-2.2(a)2 state that if an appointing authority receives permission not to make an appointment, it can be ordered to reimburse for the costs of the selection process. While administering examinations and providing the names of eligible job candidates to the jurisdictions under the Civil Service system are two of the primary activities of this agency, these costly efforts are thwarted when appointing authorities fail to utilize the resulting eligible lists to make appointments and candidates have needlessly expended their time, efforts and money to take these examinations in hopes of being considered for a permanent appointment. In this case, the appointing authority’s determination that it no longer needed to fill the Supervising Accountant position after it requested an examination for the subject title does not provide a basis on which to waive the selection costs. Thus, although a waiver is granted, it is appropriate that the appointing authority be assessed $2,048 for the costs of the selection process.

ORDER

Therefore, it is ordered that a waiver of the appointment requirement be granted. Additionally, the Civil Service Commission orders that the appointing authority be assessed for the costs of the selection process in the amount of $2,048 to be paid within 30 days of the issuance of this order.

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