Portia Dixon, CSC Docket No. 2022-586

Appellant's argumentPortia Dixon requests to file a late application for the promotional examination for Supervising Data Control Clerk (PC3258C), Union County.

BackgroundThe examination at issue was announced with requirements that had to be met as of the May 21, 2020 closing date. A total of three employees applied and two were found eligible. Certification PL210087 was issued containing the names of the two eligibles and its disposition is due November 17, 2021. The list expires on August 11, 2024.

Appellant's argumentOn appeal, the petitioner notes that she has been provisionally serving in the subject title since January 1, 2019. She explains that she did not apply for the subject examination because now-retired personnel department employees informed her that she would be “grand-fathered in” and, therefore, she did not need to apply. It is noted that the appointing authority has no record of notifying the petitioner about the subject examination announcement even though she is provisionally serving in the subject title.

CONCLUSION

RuleN.J.A.C. 4A:4-2.1(b) provides, in pertinent part, that appointing authorities shall also ensure the notification by electronic or other means of all eligibles of the promotional examination announcement. N.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, personnel records indicate that the petitioner has been serving provisionally in the subject title since July 1, 2019. Further, the petitioner explains that now-retired personnel department employees advised her that she would be “grand-fathered in” to the subject title without the need to file for a promotional examination. Moreover, the appointing authority confirms that it did not send the petitioner notification by electronic or other means of the subject promotional examination announcement as required. See N.J.A.C. 4A:4-2.1(b). Additionally, the subject eligible list is incomplete as there are only two names 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 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. Moreover, as the record indicates that the petitioner was not properly notified of the announcement, she is entitled to current relief upon determination of her eligibility and her placement on the eligible list.

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 Portia Dixon be permitted to submit an application for the Supervising Data Control Clerk (PC3258C), Union County examination. It is further ordered that Ms. Dixon submit a promotional 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. Further, if Ms. Dixon’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 an application for the subject examination processed. Finally, she is entitled to current relief upon determination of her eligibility and her placement on the eligible list.

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