Kymea Harden Senior Cottage Training Technician (PS7333K), CSC Docket No. 2022-2114

BackgroundKymea Harden requests to file a late application for the promotional examination for Senior Cottage Training Technician (PS7333K), Woodbine Developmental Center.

Agency records indicate that the appellant was appointed to the title of Cottage Training Technician, effective August 17, 2019. The examination for Senior Cottage Training Technician (PS7333K), Woodbine Developmental Center was announced with a closing date of December 21, 2021, and was open to employees who were currently serving in and possessed one year of continuous permanent service in the title of Cottage Training Technician. It is noted that 69 eligibles applied for the subject examination, however, the eligible list has not yet promulgated.

Appellant's argumentOn appeal to the Civil Service Commission (Commission), the appellant asserts that she was on medical leave at the time the examination was announced and she did not receive any notice. In support, she submits documentation which indicates that she was on leave from October 17, 2021, through the closing date of the subject examination.

Appointing authority's argumentIn response, the appointing authority indicates that although it did mail the announcement to the appellant’s home address, it supports the appellant’s request to file a late application.

CONCLUSION

RuleN.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. N.J.A.C. 4A:1-1.2(c) provides that the Civil Service Commission (Commission) may relax a rule for good cause, in a particular circumstance, in order to effectuate the purposes of Title 11A of the New Jersey Statutes Annotated.

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 record reflects that the appellant had been on a leave of absence during the announcement period. Moreover, the appointing authority supports the appellant’s request and the resulting eligible list has not yet promulgated. 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 this remedy is based on the particular circumstances of this matter.

ORDER

Therefore, it is ordered that Kymea Harden be permitted to file an application for Senior Cottage Training Technician (PS7333K), Woodbine Developmental Center. It is further ordered that the appellant 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 applications 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, that appellant 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.