Santa Rahola, CSC Docket No. 2022-425

BackgroundSanta Rahola appeals the determination of the Division of Agency Services (Agency Services) that she did not meet the experience requirements for the promotional examination for Clerk 2 (PC2902B), Morris County.

The subject examination’s closing date was November 23, 2020. The experience requirements were one year of experience in clerical work. A total of four employees applied and three were determined eligible. Certification PL210779 was issued containing the names of the three eligibles and all the eligibles were appointed. The list expires on July 21, 2024.

On the appellant’s application, she did not list any experience. Personnel records indicate that the appellant was a Clerk 1 from March 2019 to the November 23, 2021 closing date.1 Agency Services determined that it could not determine her eligibility due to an incomplete application.

On appeal, the appellant attaches her resume. She describes how she performed clerical duties while provisionally serving in the subject title and as a Clerk 1. The appellant also presents her experience in the private sector and the military.

1 Personnel records also indicate that the appellant was appointed provisionally in the subject title after the closing date in January 2021 and continues to serve in that title.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a) provides that applicants shall meet all requirements specified in the promotional announcement by the closing date. N.J.A.C. 4A:4-2.1(f) provides that an applicant may amend a previously submitted application only prior to the announced closing date. 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.

AnalysisInitially, Agency Services correctly determined that the appellant was not eligible as she did not indicate any experience on her application. However, on appeal, the appellant describes how she performed the required clerical duties for more than the required time prior to the November 23, 2020 closing date. Although N.J.A.C. 4A:4-2.1(f) proscribes the amendment of an application after the closing date set in the announcement, the circumstances present in this matter provide good cause to permit the appellant to amend her application. Specifically, there are currently no eligibles on the list and the appellant continues to successful serve in the subject title. Further, 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). In this regard, the Commission finds that the appellant has demonstrated that she has the required experience for the subject title by the closing date, which, based on the circumstances presented, warrants her admission to the subject examination. Accordingly, good cause is established to relax the provisions of N.J.A.C. 4A:4-2.1(f) and admit the appellant.

The Commission cautions the appellant that, in the future, she should ensure that any applications are fully and completely filled out as her failure to do so will be cause for rejection from the selection process. This determination is limited to the instant matter and does not provide precedent in any other matter.

ORDER

Therefore, it is ordered that the appeal be granted, and the appellant’s application be processed for prospective employment opportunities only.

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