Jocelyn Castellano, CSC Docket No. 2022-3050

Appellant's argumentJocelyn Castellano requests permission to submit late applications for the promotional examinations for Records Technician 3 Motor Vehicles (PS7769T), Senior Technician MVC (PS7770T), and Records Technician 1 Motor Vehicles (PS7846T), Motor Vehicle Commission. These matters have been consolidated due to common issues presented.

BackgroundAs background, the appellant has been serving permanently in the noncompetitive title of Technician MVC since June 9, 2018. The announcements for the subject examinations issued on January 1, 2022, and each had a closing date of January 22, 2022.

Records Technician 3 Motor Vehicles (PS7769T) was open, in relevant part, to employees who were currently serving in the title of Technician MVC; had an aggregate of one year of continuous permanent service as of the closing date in that title; and met the open competitive requirements. The resulting eligible list of 11 names promulgated on June 16, 2022 and expires on June 15, 2025. One certification issued from the list on June 16, 2022, and it has not yet been returned.

Senior Technician MVC (PS7770T) was open, in relevant part, to employees who were currently serving in the title of Technician MVC and had an aggregate of one year of continuous permanent service as of the closing date in that title. There are 32 applicants for the examination.

Records Technician 1 Motor Vehicles (PS7846T) was open to employees who were currently serving in the title of Records Technician 2 Motor Vehicles with an aggregate of one year of continuous permanent service as of the closing date in that title and to employees in the competitive division who had an aggregate of one year of continuous permanent service as of the closing date in any competitive title and met the open competitive requirements. There are 22 applicants for the examination.

Appellant's argumentOn appeal to the Civil Service Commission (Commission), the appellant submits an affidavit in which she indicates that she was on leave and never received notice of any of the examination announcements in the mail.

Appointing authority's argumentIn response, the appointing authority confirms that the appellant was on leave for the entirety of the application filing period but indicates that it mailed letters to the appellant on December 30, 2021 notifying her of the Records Technician 3 Motor Vehicles (PS7769T) and Senior Technician MVC (PS7770T) examinations. However, it did not mail her notice of the Records Technician 1 Motor Vehicles (PS7846T) examination because that examination was open to employees serving in the title of Records Technician 2 Motor Vehicles, which is not the appellant’s title, and all competitive division employees meeting the open competitive requirements.

CONCLUSION

RuleN.J.A.C. 4A:4-2.1(b) provides that in order to notify all employees of promotional opportunities, promotional examination announcements shall be posted on, and applications shall be made available through, this agency’s web site and may also be made available through the web sites of affected appointing authorities. If an affected appointing authority does not maintain or utilize a web site, promotional examination announcements shall be conspicuously posted by the affected appointing authority at all geographic locations within the unit scope (in State service) or department (in local service) to which the examination is open. Appointing authorities shall also ensure the notification by electronic or other means of all eligibles of the promotional examination announcement. Appointing authorities shall maintain a record of promotional examination announcement postings and the notification of eligibles of the announcement.

N.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 these matters, the appellant did not submit applications by the closing date for the subject examinations. However, in this specific instance, the Commission finds that there is good cause to allow the appellant to submit late applications for the Records Technician 3 Motor Vehicles (PS7769T) and Senior Technician MVC (PS7770T) examinations. Specifically, the record reflects that the appellant was on an approved leave for the entirety of the application filing period. Further, she attests, via affidavit, that she never received the notices that were mailed to her concerning those examinations. While there is a presumption that mail correctly addressed, stamped and mailed was received by the party to whom it was addressed, the appellant has rebutted that presumption in submitting her affidavit. See SSI Medical Services, Inc. v. State Department of Human Services, 146 N.J. 614 (1996); Szczesny v. Vasquez, 71 N.J. Super. 347, 354 (App. Div. 1962); In the Matter of Joseph Bahun, Docket No. A-1132-00T5F (App. Div. May 21, 2001). The Commission also 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.

The appointing authority was not required to provide the appellant with individualized notice concerning the examination announcement for Records Technician 1 Motor Vehicles (PS7846T) because N.J.A.C. 4A:4-2.1(b) only requires that such notice be provided to eligibles. The announcement was open to employees who were currently serving in the title of Records Technician 2 Motor Vehicles and to employees in the competitive division meeting the open competitive requirements. As the appellant was not serving in the title of Records Technician 2 Motor Vehicles or any competitive division title, she was not eligible. Thus, there is no good cause to allow the appellant to submit a late application for the Records Technician 1 Motor Vehicles (PS7846T) examination.

ORDER

Therefore, it is ordered that Jocelyn Castellano be permitted to submit applications for Records Technician 3 Motor Vehicles (PS7769T) and Senior Technician MVC (PS7770T), Motor Vehicle Commission. It is further ordered that Castellano submit the attached promotional examination application and the $25.00 application processing fee, for each examination, to the Division of Agency Services. The applications and processing fees must be postmarked no later than 15 days from the issuance date of this decision. Upon receipt of the applications and processing fees, it is ordered that her applications be processed. Finally, if Castellano’s applications and the required payments are not postmarked on or before the 15th day after the issuance date of this decision, she will not be entitled to have her applications processed.

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