Stacy McCully, CSC Docket No. 2022-2293

Stacy McCully, Steven Callahan and Troy Kelsey request to file late applications for the open-competitive examination for Institutional Trade Instructor 1, Cooking (S0610C), Statewide.

BackgroundAgency records indicate that Kelsey was provisionally appointed, pending open-competitive examination procedures to the subject title, effective February 20, 2016, with the Department of Corrections (DOC); and subsequently provisionally appointed, pending open-competitive examination procedures to the subject title, effective November 10, 2018, with the Juvenile Justice Commission (JJC). Callahan was provisionally appointed, pending open-competitive examination procedures to the subject title, effective December 7, 2019. McCully was appointed to the non- competitive title of Senior Food Service Handler, effective September 1, 2018; he was provisionally appointed, pending promotional examination procedures to the title of Cook, 12-month, effective July 20, 2019; and was provisionally appointed, pending open-competitive examination procedures to the subject title, effective February 27, 2021.

Agency records indicate that the JJC requested that an examination be announced for the subject test on or about November 4, 2020, due to it having several employees serving provisionally in subject title, pending open-competitive examination procedures.1 It is noted that the DOC also had employees serving provisionally in the subject title, pending open competitive examination procedures. However, due to the Covid-19 pandemic, the examination was not announced until a year later. Specifically, the announcement for the subject examination issued on November 1, 2021, with a closing date of November 22, 2021. It is noted that none of the appellants applied for the S0610C examination. The resulting eligible list of 19 names promulgated on February 17, 2022, and expires on February 16, 2025. Thereafter, six certifications were issued from the subject eligible list, four were issued to DOC,2 and two were issued to two locations for JJC. The February 18, 2022 certification (OS220078) was for the location that McCully and Kelsey are serving at and it contained the names of eight eligibles. The March 28, 2022 certification (OS220175) was for the location that Callahan is serving at and it contains the names of five eligible. To date, none of the certifications have been returned for disposition.

Appellant's argumentOn appeal to the Civil Service Commission (Commission), the appellants request to submit late applications. In particular, they maintain that they were not told about the examination. McCully also asserts that he did not receive the “usual courtesy notification” from JJC and due to the delay in the announcement process, he was no longer looking from the examination announcement. In support, the appellants submit a letter from JJC which notes that although it is the employees’ responsibility to file and take an examination, due to an inadvertent error, the appellants did not receive the courtesy notification from it in November 2021 when the examination was finally announced. JJC notes that due to the pandemic, and the length of time the employees had been serving in the subject title provisionally, they were no longer searching daily for the announcement. Therefore, it requests that the appellants be allowed to submit late applications. Finally, JJC also indicates its support for the provisionals’ names to be added to the outstanding certifications.

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.

Analysis1 One of those individuals, T.S., received a regular appointment, effective August 30, 2021, from the

S0501A open-competitive eligible list for the subject title. The S0501A eligible list was announced with a closing date of May 21, 2019. The resulting eligible list of eight names promulgated on August 17, 2021 and expires on August 18, 2024. 2 At the time of the issuance of the certifications for DOC, there were 11 individuals serving provisionally, pending open-competitive examination procedures at DOC.

In this matter, the appellants did not submit applications by the closing date for the subject examination. However, in these specific instances, the Commission finds that there is good cause to allow the appellants to submit late applications for the subject examination. Specifically, the record reflects that the appellants had been serving for more than a year in the subject titles and that due to the pandemic, the examination was not announced until a year after JJC’s request for the examination. Moreover, JJC acknowledges that it normally provides a courtesy notification to its employees who are serving provisionally when the examination for the correct title is announced. However, in the instant matter, it failed to do so. 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). However, the Commission does not find good cause to add the appellants’ names to the outstanding certifications. In this regard, it is noted that the February 18, 2022 (OS220078) certification contained the names of eight elgibles and the March 28, 2022 (OS220175) certification contained the names of five eligibles. Given that they are complete, there is no good cause to add the appellants to those certifications. Finally, the Commission notes that this remedy is based on the particular circumstances of this matter.

ORDER

Therefore, it is ordered that Stacy McCully, Troy Kelsey and Steven Callahan be permitted to file applications for Institutional Trade Instructor 1, Cooking (S0610C), Statewide. It is further ordered that the appellants submit the attached open-competitive 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 applications and processing fees, it is ordered that their applications be processed. Finally, if any of the appellants’ applications and the required payments 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.