Zoraida Pozo, CSC Docket No. 2022-2549

Appellant's argumentZoraida Pozo requests to file a late application for the open competitive examination for Police Officer (M0117D), Paterson.

BackgroundBy way of background, the subject examination was announced on January 3, 2022, with an application filing deadline of February 28, 2022, and all applications had to be received by 4:00 p.m. on that date.

Appellant's argumentThe petitioner, in support of her request, states that she applied for the Police Officer (M0040D), Elmwood Park examination in error. She explains that a medical issue, which caused her agonizing pain, interfered with her sleep and inhibited her ability to think clearly, led to her making this mistake. In support, she submits documentation which shows that she was treated in the emergency room for her medical condition on March 1, 2022, and that she received a physician’s note excusing her from work until March 3, 2022.

It is noted that both the M0117D and M0040D examinations are part of the 2022 Entry-Level Law Enforcement Examination (LEE) testing cycle.! The petitioner

1 Unlike previous LEE cycles, the 2022 LEE testing cycle will not put candidates into a pool of eligibles once results have been released. Instead, titles that make up the 2022 LEE testing cycle were announced individually by jurisdiction (i.e., individual municipalities and counties) and candidates will be placed on eligible lists for each jurisdiction for which they applied. So, instead of filling out a single LEE application, candidates were required to fill out separate applications for each jurisdiction was scheduled to take the M0040D examination on July 14, 2022. The M0117D examination was held on June 11, 2022.

CONCLUSION

RuleN.J.A.C. 4A:4-2.3(b)3 provides that applicants for open competitive examinations shall file an application with all supporting documents or proofs by the announced filing date and time. N./.A.C. 4A:4-2.1(e) states that unless otherwise provided for by the Chairperson or designee, applications for open competitive and promotional examinations shall be submitted to the Civil Service 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 shown in a particular situation.

AnalysisIn the instant matter, applications for the subject promotional examination were due by the February 28, 2022, closing date. However, the record evidences that the petitioner experienced a medical issue which contributed to her filing an application for the wrong examination symbol. Under these circumstances, good cause exists to relax the provisions of N..J.A.C. 4A:4-2.3(b)3 and allow the petitioner to file an application after the application deadline date for the Police Officer (M0117D), Paterson examination.

It is noted that this remedy is limited to the unique circumstances of this matter and does not provide a precedent in any other matter. Finally, the petitioner is cautioned that, for future examination announcements, she must timely file for the correct examination.

ORDER

Therefore, it is ordered that this appeal be granted and Zoraida Pozo be permitted to submit an application for the Police Officer (M0117D), Paterson examination. It is further ordered that the petitioner submit the completed application and required $35.00 application processing fee to: New Jersey Civil Service Commission, Division of Agency Services, P.O. Box 322, Trenton, New Jersey 08625-0322. The completed application and processing fee must be postmarked no later than 15 days from the issuance date of this decision. Failure to file the application and processing fee within the time provided will result in rejection from the examination process. Further, upon determination of eligibility, the petitioner shall be admitted to the subject examination. Finally, if the petitioner receives a passing score on the 2022 LEE, her name shall be added to the M0117D list for prospective employment opportunities.

that they are interested in working with. See State of New Jersey, Civil Service Commission, Frequently Asked Questions: Entry-Level Law Enforcement Examination, https://www.nj,gov/csc/authorities/faq/safety/lee. htm].

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