Adam Kuhn and Douglas Hertz, CSC Docket No. 2022-2297, 2022-2303

BackgroundAdam Kuhn and Douglas Hertz1 requests to be permitted to submit a late application for the Public Works Repairer (PM4887C), Butler, examination. These appeals have been consolidated due to common issues presented.

By way of background, the announcement for the subject examination was issued on November 1, 2021 and was open to employees in the non-competitive division who had an aggregate of one year of continuous permanent service as of the November 22, 2021 closing date and was currently serving in the title of Laborer 1 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 who possessed one year of experience in the construction, maintenance, and/or repair of streets, sewer, water, sanitation, or other public work facilities or similar heavy construction work. It is noted that four candidates applied for the subject examination and were found eligible. As a result, an eligible list promulgated on March 17, 2022, and expires on March 16, 2025. A certification (PL220340) was issued on March 21, 2022 with a disposition due date of June 21, 2022. Three of the four eligibles on the certification are currently serving provisionally in the subject title. It is further noted that the appellants applied for the Public Works Repairer (PC4888C), Morris County, examination which had the same closing date as the subject examination. The Division of Agency Services’ review of the appellants’ applications for that examination found them to be eligible. However, they were subsequently found 1 Agency records indicate that Mr. Hertz has been serving as a Public Works Repairer, provisionally pending promotional examination procedures, with Butler since December 2, 2020.

ineligible as they were not in the correct unit scope, i.e., they were not employed by Morris County.

Appellant's argumentOn appeal to the Civil Service Commission (Commission), the appellants assert that they mistakenly applied for the Public Works Repairer (PC4888C), Morris County, examination when they should have applied for the Public Works Repairer (PM4887C), Butler, examination. Additionally, the appellants are requesting that their scores from the Morris County (PC4888C) examination be transferred to the Butler (PM4887C) examination.

CONCLUSION

RuleN.J.A.C. 4A:4-2.1(e) provides that unless otherwise provided for by the Chairperson of the 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 the instant matter, the appellants did not submit an application by the November 22, 2021, closing date for the subject examination because they incorrectly filed for the wrong examination. The Commission generally denies requests to accept late examination applications, as N.J.A.C. 4A:4-2.1(e) requires applicants to file their applications by the closing date. In that regard, in In the Matters of Supervising Family Service Specialist 2 (PS1035K), Supervising Family Service Specialist 2 (Bilingual in Spanish and English) (PS1036K), Supervising Family Service Specialist 1 (PS1032K), Supervising Family Service Specialist 1 (PS1015K), and Family Service Specialist 1 (PS2267K), Department of Children and Families, (CSC, decided October 19, 2016), the Commission determined that it would not permit applicants who file for an incorrect examination symbol to file a late application for the correct symbol given that there are numerous warnings provided to ensure the proper symbol is used when initially applying for the test. However, in the appellants’ case, there is a sufficient basis to allow them to file a late application

Initially, it is noted that a review of agency records indicate that the appellants were admitted in error to the Public Works Repairer (PC4888C), Morris County, examination but were ranked on that eligible list. The appellants’ requests for their scores to be transferred to the Butler (PM4887C) eligible list cannot be granted, as the examination for that eligible list was administered as a qualifying examination and the candidates were admitted with the same score, whereas, candidates for the Morris County (PC4888C) examination were ranked based on their applications. As such, the scoring metric for the two tests is not equivalent. The appellants have since been removed from the (PC4888C) eligible list for Morris County.

Nonetheless, the record indicates that Mr. Hertz continues to serve provisionally in the subject title, and both appellants timely filed an application for the subject title albeit to the wrong jurisdiction. Allowing the appellants, who appear to be eligible for the subject examination, to submit their applications after the closing date minimally increases the candidate pool. Further, as noted previously, the current certification for this title has not yet been disposed. Since the relief in this matter would be prospective, it will not affect that certification. Therefore, based on all of the foregoing, the Commission finds that there is good cause to relax N.J.A.C. 4A:4-2.1(e) and allow the appellants to submit a late application for the subject examination after the closing date. In this regard, the purpose of the Civil Service system is 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 the appellants’ remedy is based on the particular circumstances of this matter, and for future examination announcements, they must timely file an application. As this remedy is limited to the unique circumstances of this matter, it does not provide a precedent in any other matter.

ORDER

Therefore, it is ordered that these appeals be granted, and the appellants be permitted to submit a promotional application for the Public Works Repairer (PM4887C), Butler, examination. It is further ordered that the appellants submit a promotional application and the $25.00 application processing fee to the Division of Agency Services within 15 days of the issuance date of this decision. Upon receipt of their applications and processing fees, it is ordered that their applications be processed for prospective appointment consideration. Finally, if the appellants’ applications and the required payments are not postmarked within 15 days of the issuance date of this decision, they 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.