Carolina Suarez, CSC Docket No. 2022-716

Appellant's argumentCarolina Suarez requests to file a late application for the Human Services Specialist 3, Bilingual in Spanish and English (PC4501C), Bergen County promotional examination.

BackgroundThe subject examination was announced on September 1, 2021, and closed on September 21, 2021. The announcement instructed candidates that online applications must be completed and submitted by the application deadline date, and it provided information regarding customer care and technical support, including asking candidates to please file early. Three candidates appear on the eligible list, which has not yet been certified.

Appellant's argumentThe petitioner explains that she attempted to apply for the subject examination, but inadvertently application for Human Services Specialist 3 (PC4500C), Bergen County. That examination was administered March 31, 2022, and the petitioner took it and passed with a final average of 75.130 and a rank of 21.

CONCLUSION

RuleN.J.A.C. 4A:4-2.1(e) provides, in pertinent part, that applications for open competitive and promotional examinations should be filed no later than the announced filing date for filing applications. N.J.A.C. 4A:l-1.2(c) provides that the Civil Service Commission (Commission) may relax a rule for good cause to effectuate the purpose of Title l1A, New Jersey Statutes.

AnalysisThe petitioner was not admitted to the subject examination since she did not complete the filing of an application by 4:00 p.m. on the September 21, 2021, closing date. However, the petitioner filed for the non-variant title, was admitted, and took that examination. The petitioner simply started the filing process and simply erred in filing for an incorrect examination, but successfully filed for the examination for Human Services Specialist 3 (PC4500C), Bergen County. 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). Further, it would be inequitable to prohibit the petitioner from applying for such a promotional opportunity for the life of the subject list based on her technical difficulties. 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. Finally, 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 petitioner be permitted to submit an application for the Human Services Specialist 3, Bilingual in Spanish and English, Bergen County 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.

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