T.H., CSC Docket No. 2022-487

BackgroundT.H. requests to file a late application for the promotional examination for Technical Assistant Personnel (PS6103P), State Police.

The examination at issue was announced with requirements that had to be met as of the August 23, 2021 closing date. A total of three employees applied and all three were determined eligible. No certifications have yet to be issued. The list expires on October 27, 2024.

Appellant's argumentOn appeal, the petitioner explains that she intended to timely file for the subject examination. However, she presents that first she could not remember her password. Then, the petitioner indicates that once she resolved her password issue, the application began freezing when she tried to fill it out. Therefore, she waited until another day to try again. The petitioner also explains that she could only file during her lunchtime at work because her personal computer is not working, and she has two children with special needs that require a lot of time and attention, which leaves her exhausted and overwhelmed. She provides documentation to show that she has two special needs children. The petitioner states that the computers at work were not working during one of the days prior to the closing date. Finally, she submits documentation to show that her husband was injured and sent to the hospital on August 21, 2021, which was during the last weekend before the closing date. The petitioner asserts that the stress of caring for her husband caused her to overlook and miss the application deadline. It is also noted that the Online Application System (OAS) indicates that she completed part of her application on August 20, 2021.

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 OAS indicates that the petitioner started completing her application on August 20, 2021. However, she submits documentation that her husband was hospitalized on August 21, 2021, which she explains prevented her from completing the application by the August 23, 2021 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). Therefore, the Commission finds that under these circumstances, 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 for prospective appointment opportunities only.

This determination is limited to the instant matter and does not provide precedent in any other matter.

ORDER

Therefore, it is ordered that this request be granted and the petitioner be permitted to submit an application for the Technical Assistant Personnel (PS6103P), State Police, examination. 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 her 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, she will not be entitled to have her application reviewed. Should she subsequently be placed on the eligible list, it will be for prospective employment opportunities only.

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