Archana Burt, CSC Docket No. 2022-2296

Appellant's argumentArchana Burt requests permission to submit a late application for the promotional examination for Technical Assistant 2 (PS7181U), Department of the Treasury.

BackgroundThe announcement for the subject examination issued on November 1, 2021 with a closing date of November 22, 2021 and was open to employees in the competitive division who were currently serving in the title of Technical Assistant 1 or Technical Assistant 1 Treasury and had an aggregate of one year of continuous permanent service as of the closing date in those titles. There are six applicants for the examination.

Appellant's argumentIn a letter to the Division of Agency Services (Agency Services), the appellant requested to file a late application on the basis that she had been on an approved vacation during the filing period. Although it was confirmed that the appellant was on an approved vacation, Agency Services denied the request in the absence of documentation of the appellant’s travel.

On appeal to the Civil Service Commission (Commission), the appellant submits documentation of international travel indicating that the appellant departed the United States on October 28, 2021 and returned on December 5, 2021 and copies of passport immigration stamps reflecting the appellant’s arrival into the international destination on October 29, 2021 and departure from the international destination on December 4, 2021.

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.

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 was out of the country on an approved vacation for the entirety of the application filing period. 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 notes that the appellant’s remedy is based on the particular circumstances of this matter.

ORDER

Therefore, it is ordered that Archana Burt be permitted to submit an application for Technical Assistant 2 (PS7181U), Department of the Treasury. It is further ordered that Burt 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 application be processed. Finally, if Burt’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.

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