Nicheska Lateb, CSC Docket No. 2022-2331

Appellant's argumentNicheska Lateb requests to file a late application for the promotional examination for Program Specialist 3, Social/Human Services (PS8217H), Ancora Psychiatric Hospital.

BackgroundThe examination at issue was announced with requirements that had to be met as of the March 21, 2022, closing date. A total of 42 employees applied and 42 were admitted. The method for testing the subject announcement has not been determined.

Appellant's argumentOn appeal, the petitioner explains that she began the process of submitting her application using the Online Application Systems (OAS) on March 17, 2022. However, she experienced technical difficulties and she reached out to OAS support. Further, although there was communication between OAS support and the petitioner and she was able to continue submitting her application, her technical difficulties continued, and she was unable to completely submit her application by the 4:00 p.m. deadline on the March 21, 2022, closing date. The petitioner encloses a $25 money order for the application fee with her appeal.

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 petitioner explains that although the started the online application process for the subject examination several days prior to the March 21, 2022, closing date and she was in communication with OAS support, her technical difficulties continued which caused her to be unable to complete her application by the 4:00 p.m. deadline on the closing date. 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 technical difficulties. 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.

ORDER

Therefore, it is ordered that this request be granted, and the petitioner be permitted to submit an application for the Program Specialist 3, Social/Human services (PS8217H), Ancora Psychiatric Hospital examination. It is further ordered that the petitioner submit a promotional examination application to the Division of Agency Services. The application must be postmarked no later than 15 days from the issuance date of this decision. Upon receipt of the application, it is ordered that her application be processed. If the petitioner’s application is not postmarked on or before the 15th day after the issuance date of this decision, she will not be entitled to have her application reviewed. The Division of Appeals and Regulatory Affairs shall forward her $25 money order for the application fee to the Division of Agency Services.

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