Dorothy King, CSC Docket No. 2022-2925

Appellant's argumentDorothy King requests to file a late application for the promotional examination for Family Service Specialist 1 (PS8306K), Department of Children and Families.

BackgroundThe examination at issue was announced with requirements that had to be met as of the April 21, 2022, closing date. Agency records indicate that 1029 employees applied for the subject examination and 1022 were admitted. The list has not yet promulgated as the test has not yet been scheduled.

In the petitioner’s request, she presents that she had been on leave since March 2022 and she returned to work on May 23, 2022. The petitioner states that she was unable to file an application for the subject examination because she received the certified promotional announcement on April 29, 2022, which is after the deadline. She states that the letter had part of the green certification of receipt card attached to the letter; however, the part of the green card that she needed to sign was not attached to the letter. The petitioner presents that when she normally receives certified mail, she always receives a notice from the post office to pick it up with her identification. She indicates that this is the first time that she received a certified letter inside her mailbox without her signing it.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a)4 states that applicants for promotional examinations must meet all requirements by the announced closing date, including filing an application on or before the application filing date. N.J.A.C. 4A:4-2.1(e) states that 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:4-6.3(b) provides that the appellant has the burden of proof in examination appeals.

AnalysisIn this matter, the record indicates that the petitioner was on leave during the application filing period. Although the notice of the examination announcement was emailed to the petitioner on April 8, 20221, and mailed to her via certified letter that was signed on April 20, 2022, the petitioner indicates that she did not receive notice of the subject examination until April 29, 2022, which is after the April 21, 2022 closing date. A review of the signature for the certified mail does not appear to be the signature of a resident of the household as the signature appears to be a combination of letters and numbers and the received by printed name is “Mail box.” 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. 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 his 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 Family Service Specialist 1 (PS8306K), Department of Children and Families. It is further ordered that the petitioner submit a 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 his application be processed. If the petitioner’s application and the required payment are not postmarked on or before the 15th day after the issuance date of this decision, he will not be entitled to have his application reviewed.

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

1 The petitioner did not comment on the email that was sent to her.