Cary Robinson, CSC Docket No. 2022-511

Appellant's argumentCary Robinson requests that he be permitted to submit an application for the promotional examination for Police Captain (PM4073C), Winslow Township, after the application filing deadline.

BackgroundBy way of background, the announcement for the subject examination was issued on July 1, 2021 with an application filing deadline of July 21, 2021 and all applications had to have been received by that date.1 It is noted that the subject examination was administered on October 23, 2021.2 Similarly, an announcement for County Police Captain (PC3404C), Camden County, was issued on July 1, 2021 with an application filing deadline of July 21, 2021.

Appellant's argumentOn appeal, Robinson indicates that “while going over the notification, I made an error on the application. I see that the jurisdiction was for Camden County Police Captain. I did not mean to fill that symbol out and it was an error while filling out the application. My application should have been for Police Captain Winslow Township Police Department (Symbol #PM4073C).”3

1 The subject test was open to employees in the competitive division who had an aggregate of one year of continuous permanent service as of the September 30, 2021 closing date and were serving in the title of Police Lieutenant or Police Sergeant. An announcement for Police Lieutenant (PM4195C), Winslow Township was issued on July 1, 2021 and was open to employees in the competitive division who had an aggregate of one year of continuous permanent service as of the September 30, 2021 closing date and were serving in the title of Police Sergeant.

Background2 It is noted that the appellant was conditionally admitted to the subject test pending the resolution of this matter.

CONCLUSION

RuleN.J.A.C. 4A:4-2.1(e) provides, in part, that applications for promotional examinations shall be submitted 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 in an examination appeal shall have the burden of proof.

AnalysisIn the present matter, although Robinson intended to apply for the Police Captain (PM4073C), Winslow Township promotional examination and successfully submitted a timely application, it was for the incorrect symbol. 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). Given this, good cause exists to relax the provisions of N.J.A.C. 4A:4-2.6(a)4 and allow the appellant to file an application for the subject test after the application deadline. However, the Commission cautions the appellant to ensure that they apply to the appropriate promotional announcement for future examinations as this remedy will not be afforded to him in the future.

ORDER

Therefore, it is ordered that this appeal be granted. It is further ordered that the completed application and required $75.00 application processing fee should be forwarded to: New Jersey Civil Service Commission, Division of Agency Services, P.O. Box 322, Trenton, New Jersey 08625-0322. The completed application and processing fee must be postmarked no later than 15 days from the issuance date of this decision. Failure to file the application and processing fee within the time provided will result in rejection from the examination process. Finally, upon determination of eligibility, the appellant be admitted to the subject examination.

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

3 It is noted that on July 16, 2021, Robinson submitted applications for Police Lieutenant (PM4195C), Winslow Township, and for County Police Captain (PC3404C), Camden County.