Franklin McLaughlin, CSC Docket No. 2022-733

Appellant's argumentFranklin McLaughlin requests to file a late application for the promotional examination for Environmental Specialist 4 (PS6203G), Department of Environmental Protection.

BackgroundThe examination at issue was announced with requirements that had to be met as of the September 21, 2020 closing date. A total of two employees applied and both were determined ineligible. Therefore, the examination was cancelled due to a lack of qualified candidates.

Appellant's argumentOn appeal, the petitioner presents that his Mother-In-Law passed away in August after a long illness where his wife was her primary caretake for a few months at his Mother-In-Law’s house in Virginia. He indicates that his wife remained in Virginia until September 26, 2021, to take care of funeral arrangements, execute the will and clean the house. The petitioner states that he was focused on managing their household and helping his two school-aged boys transition back to in-school learning after over a year of learning at home. He explains that due to his family challenges, he did not see the promotional announcement in the mail until September 26, 2020. The petitioner believes that there are no other employees in the unit scope who are eligible.

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 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 January 4, 2020. Further, the petitioner explains that due to family challenges, he did not see the promotional announcement in the mail until after the closing date. Moreover, the examination has been cancelled due to a lack of qualified candidates. 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 his application and application fee after the closing deadline for prospective appointment opportunities only.

One final comment is warranted. While the Commission understands and empathizes with the appellant’s circumstances at the time, absent the cancellation of the examination due to a lack of eligible, not responsibly dealing with mail would not have been sufficient cause to grant the relief requested.

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 Franklin McLaughlin be permitted to submit an application for the Environmental Specialist 4 (PS6203G), Department of Environmental Protection examination. It is further ordered that Mr. McLaughlin 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 his application be processed. Further, if Mr. McLaughlin’s application and the required payment are not postmarked on or before the 15th day after the issuance date of this decision, he 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.