Maria-Elena Filosa, CSC Docket No. 2022-210

BackgroundMaria-Elena Filosa, a Keyboarding Clerk 2,1 requests to have her application and examination score for Keyboarding Clerk 2 (PC3022B), Monmouth County, to be transferred and applied to the Keyboarding Clerk 2 (PC3021B), Monmouth County, examination.

By way of background, the appellant was admitted to the Keyboarding Clerk 2 (PC3022B), Monmouth County, examination that was issued on December 1, 2020 and open to employees in the non-competitive division who were in the Personnel Department and were currently serving in the titles of Keyboarding Clerk 1, Keyboarding Clerk 1, Bilingual in Spanish and English, and Receptionist and possessed an aggregate of one year of continuous permanent service as of the December 21, 2020 closing date or to all employees in the competitive division who had an aggregate of one year of continuous permanent service as of the closing date and possessed one year of clerical experience operating an alphanumeric keyboard or typewriter to produce documents such as letters, memos, reports, charts, forms and other materials. The successful completion of a clerical training program with a minimum of 700 clerical training hours or 30 semester hour credits in Secretarial Science from an accredited college or university could be substituted for the experience requirement. It is noted that an incomplete eligible list consisting of the appellant and one other individual promulgated on July 29, 2021 and expires on July 29, 2024. A certification (PL210806) was issued on August 2, 2021. However, the appellant, who was ranked number one on the certification, was removed from the eligible list, effective August 13, 2021, as she was not employed within the announced unit scope, which was in the Personnel Department. The Keyboarding Clerk 2 (PC3021B), Monmouth County, examination was announced with the same closing date as the Keyboarding Clerk 2 (PC3022B), Monmouth County, examination. That examination was only open to employees serving in the Keyboarding Clerk 1 and Keyboarding Clerk 1, Bilingual in Spanish and English, who met the same announced requirements but were serving in the Human Services Department.2 The resulting eligible list consisting of four names promulgated on July 29, 2021 and expires on July 28, 2024. A certification (PL210805) was issued on August 2, 2021 with a disposition due date of November 3, 2021.3 The certification is still outstanding.

1 Agency records indicate that the appellant has been serving as a Keyboarding Clerk 2, pending promotional examination procedures, since December 1, 2017 in the Human Services Department of Monmouth County.

Appellant's argumentOn appeal to the Civil Service Commission (Commission), the appellant states that she inadvertently applied for and passed the examination for Keyboarding Clerk 2 (PC3022B), when she should have applied for and taken the examination for Keyboarding Clerk 2 (PC3021B). Therefore, she is requesting to have her examination score from the Keyboarding Clerk 2 (PC3022B) eligible list to be transferred and applied to the Keyboarding Clerk 2 (PC3021B) eligible list.

CONCLUSION

RuleN.J.A.C. 4A:4-2.1(e) provides that unless otherwise provided for by the Chairperson of the Civil Service Commission (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 this matter, the appellant made an error and applied for the wrong examination. She was admitted to the Keyboarding Clerk 2 (PC3022B) examination since she met the eligibility requirements. However, she was removed from the resulting (PC3022B) eligible list due to being outside of the unit scope. The Keyboarding Clerk 2 (PC3021B) examination was announced with the same closing date as the Keyboarding Clerk 2 (PC3022B) examination and with similar requirements. Therefore, it is undisputed that the appellant would have met the eligibility requirements for the Keyboarding Clerk 2 (PC3021B) examination had she applied for that examination. Furthermore, the appellant continues to serve provisionally in the title, and although there are four names on the Keyboarding Clerk 2 (PC3021B) eligible list, as there are four provisional employees, it is not considered a complete list, as six eligible candidates would be considered a complete list. See N.J.A.C. 4A:4-4.2(c)2.

2 Both examinations were to be administered based on seniority, education, and experience. However, for the Keyboarding Clerk 2 (PC3022B) examination, a qualifying performance test was to be administered as that examination was also open to employees in the Receptionist title. 3 Agency records indicate that the certification was issued against the appointment of four provisional employees, including the appellant.

Moreover, 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). Accordingly, good cause has been established to relax N.J.A.C. 4A:4-2.1(e) and allow the appellant to submit a late application for the subject examination. Although the appellant requests that her examination score be transferred, she was removed from the Keyboarding Clerk 2 (PC3022B) list and the scoring criteria was similar but not exactly the same. Thus, under these circumstances, the appellant should file an application for the proper examination.

Finally, the Commission notes that the appellant’s remedy is limited to the unique circumstances of this matter and does not provide a precedent in any other matter. The appellant is cautioned that, for future examination announcements, she must make sure to file for the appropriate examination.

ORDER

Therefore, it is ordered that this request be granted in part, and Maria-Elena Filosa be permitted to submit an application for the Keyboarding Clerk 2 (PC3021B), Monmouth County, examination. It is further ordered that the appellant submit a 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 the appellant’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. Should she subsequently be placed on the (PC3021B) eligible list, it will be for prospective employment opportunities only.

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