Lisa Clark, CSC Docket No. 2022-489

Appellant's argumentLisa Clark requests to file a late application for the promotional examination for Senior Biologist, Wildlife Management (PS5940G), Department of Environmental Protection.

BackgroundThe examination at issue was announced with requirements that had to be met as of the July 21, 2021 closing date. A total of three employees applied and two were determined ineligible. No certifications have yet to be issued. The list expires on September 29, 2024.

Appellant's argumentOn appeal, the petitioner states that on August 17, 2021, an Executive Assistant 3 asked her why she did not apply for the subject examination. The petitioner, who is provisionally serving in the subject title, asserts that this is the first time she became aware of the subject examination. She indicates that she immediately responded to the Executive Assistant 3 and human resources advising that she never received notice for the subject examination. It is noted that the appointing authority provided this agency a letter that was sent to the petitioner’s home address. She submits a notarized sworn statement indicating that she did not receive notice of the subject announcement and stating that if she had, she would have applied.

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

AnalysisCommission (Commission) may relax a rule for good cause in order to effectuate the purposes of Title 11A, New Jersey Statutes.

In this matter, personnel records indicate that the petitioner has been serving provisionally in the subject title since April 10, 2021. Further, although the appointing authority indicates that it did mail the petitioner the subject announcement to her home address, she submits a notarized sworn statement indicating that she never received it. Moreover, the list is incomplete as there are only two eligibles on the list. 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 Senior Biologist, Wildlife Management (PS5940G), Department of Environmental Protection, 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.