Rachel Hollingsworth, CSC Docket No. 2022-2238

Appellant's argumentRachel Hollingsworth requests to file a late application for the promotional examination for Environmental Specialist 2 (PS6204G), Department of Environmental Protection.

BackgroundThe examination at issue was announced with requirements that had to be met as of the September 21, 2021, closing date. A total of 28 employees applied and 25 were admitted. The examination has not yet been scheduled and the list has not yet promulgated.

Appellant's argumentOn appeal, the petitioner explains that at the time that the subject examination announcement was mailed to her residence, she was not staying there due to a medical issue as she was staying at another residence with someone else who was caring for her. Therefore, she did not receive the subject announcement. Further, she submits a sworn statement indicating that she only recently learned about the subject examination from another person. Additionally, the appointing authority submits a statement in support of her request.

CONCLUSION

RuleN.J.A.C. 4A:4-2.1(e) provides that applications must be filed no later than the announced filing deadline. N.J.A.C. 4A:1-1.2(c) states that the Civil Service Commission (Commission) may relax a rule for good cause in order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisIn this matter, the record indicates that although the subject announcement was mailed to her residence, due to a medical issue, she was staying with someone else who was caring for her. Further, she submits a sworn stating indicating that she just learned about the subject announcement. 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). Further, it would be inequitable to prohibit the petitioner from applying for such a promotional opportunity for the life of the subject list based on her medical issue. Therefore, the Commission finds that there is good cause to relax N.J.A.C. 4A:4-2.1(e) and to allow the petitioner to submit her application and application fee after the closing deadline.

This determination is limited to the instant matter and does not provide precedent in any other matter.

ORDER

Therefore, it is ordered that this request be granted, and the petitioner be permitted to submit an application for the Environmental Specialist 2 (PS6204G), Department of Environmental Protection. It is further ordered that the petitioner 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 his application be processed. If the petitioner’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 his application reviewed.

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