PATRICIA RUBERTI, CSC Docket No. 2022-61

BackgroundPatricia Ruberti requests to be permitted to submit a late application for the Technical Assistant (PS3734K), Department of Human Services, examination.

By way of background, the announcement for the subject examination was issued on August 1, 2020 and was open to employees in the competitive division who had an aggregate of one year of continuous permanent service and possessed two years of experience in reviewing, verifying, authorizing and/or providing information and assistance of a technical or fiscal nature in a public or private organization as of the August 21, 2020 closing date. Applicants who did not possess the required experience could substitute semester hour credits from an accredited college or university on a year for year basis with 30 semester hour credits being equal to one year of experience. It is noted that agency records indicate that 10 applicants were found eligible for the subject examination, and as a result, an eligible list promulgated on June 24, 2021 and expires on June 23, 2024. It is noted that a certification (PS210669) was issued with 10 eligibles on June 25, 2021. In disposing of the certification, nine of the individuals on the certification were provisional in the subject title. Eight of the nine provisional employees were appointed, effective July 17, 2021, and the remaining provisional employee was removed from the eligible list due to failure to respond to the notice of certification. Moreover, one individual on the eligible list, who was not provisional in the subject title, was appointed on October 9, 2021.

On appeal to the Civil Service Commission (Commission), the appellant,1 states that she was deemed an essential employee during the COVID-19 pandemic, and as a result of working long hours, she mistakenly applied for the Technical Assistant (PS3736K), Department of Human Services, examination, when she should have applied for the (PS3734K) subject examination.2

CONCLUSION

RuleN.J.A.C. 4A:4-2.1(e) provides that unless otherwise provided for by the Chairperson of the Commission or designee, applications for promotional examinations shall be submitted to the Commission no later than 4:00 p.m. on the announced application filing date. N.J.A.C. 4A:1-1.2(c) provides that a rule may be relaxed for good cause in a particular circumstance in order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisIn the instant matter, the appellant did not submit an application by the August 21, 2020, closing date for the subject examination because she incorrectly filed for the wrong examination. Agency records indicate that the appellant continues to serve provisionally in the subject title, the eligible list has been exhausted, and the appellant has presented an explanation as to why she mistakenly selected the wrong examination. The Commission generally denies requests to accept late examination applications, as N.J.A.C. 4A:4-2.1(e) requires applicants to file their applications by the closing date. In that regard, in In the Matters of Supervising Family Service Specialist 2 (PS1035K), Supervising Family Service Specialist 2 (Bilingual in Spanish and English) (PS1036K), Supervising Family Service Specialist 1 (PS1032K), Supervising Family Service Specialist 1 (PS1015K), and Family Service Specialist 1 (PS2267K), Department of Children and Families, (CSC, decided October 19, 2016), the Commission determined that it would not permit applicants who file for an incorrect examination symbol to file a late application for the correct symbol given that there are numerous warnings provided to ensure the proper symbol is used when initially applying for the test. However, under the circumstances presented, the Commission finds that there is good cause to relax N.J.A.C. 4A:4-2.1(e) and allow the appellant to submit a late application for the subject examination.

The Commission emphasizes 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

1 Agency records indicate that the appellant has been serving as a Technical Assistant, pending promotional examination procedures, since September 28, 2019. 2 The appellant was found to be ineligible for the (PS3736K) examination as she was not serving in the announced unit scope.

Communications Workers of America v. New Jersey Department of Personnel, 154 N.J. 121 (1998).

Finally, the Commission notes that the appellant’s remedy is based on the particular circumstances of this matter, and for future examination announcements, she must timely file an application. As this remedy is limited to the unique circumstances of this matter, it does not provide a precedent in any other matter.

ORDER

Therefore, it is ordered that this request be granted, and the appellant be permitted to submit a promotional application for the Technical Assistant (PS3734K), Department of Human Services, examination. It is further ordered that the appellant submit a promotional application and the $25.00 application processing fee to the Division of Agency Services within 15 days of the issuance date of this decision. Upon receipt of the application and processing fee, it is ordered that her application be processed for prospective appointment consideration. Finally, if the appellant’s application and the required payment are not postmarked within 15 days of the issuance date of this decision, she will not be entitled to have an application for the subject examination processed.

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