Vincent Anepete, CSC Docket No. 2022-801

BackgroundVincent Anepete appeals the determination of the Division of Agency Services (Agency Services) that he did not meet the experience requirements for the promotional examination for Senior Repairer (PS5042G), Department of Environmental Protection.

The subject examination’s closing date was May 21, 2021. The experience requirements were two years of experience in work involving the inspection, repair and general maintenance of household, office and other equipment, fixtures, fittings, appliances, machinery, furnishings, and buildings. A total of five employees applied and four were determined eligible. Certification PS211197 was issued containing the names of the four eligibles and its disposition is due January 17, 2022. It is noted that the four eligibles are serving provisionally in the subject title. The list expires on September 22, 2024.

On the appellant’s application, he did not indicate any experience. Personnel records indicate that he was provisionally serving in the subject title from February 2021 to the May 21, 2021 closing date, a Repairer from December 2018 to February 2021, a Maintenance Worker/Driver from March 2017 to December 2018, and a Support Service IFPTE from June 2013 to March 2017. Agency Services did not credit him with any experience.

Appellant's argumentOn appeal, the appellant describes how he performed the required duties while serving provisionally in the subject title and as a Repairer.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a) provides that applicants shall meet all requirements specified in the promotional announcement by the closing date. N.J.A.C. 4A:4-2.1(f) provides that an applicant may amend a previously submitted application only prior to the announced closing date. 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.

AnalysisInitially, Agency Services correctly determined that the appellant was not eligible as he did not list any experience on his application. However, on appeal, the appellant describes how he performed the required duties since December 2018 both during his provisional service in the subject title and as a Repairer. Although N.J.A.C. 4A:4-2.1(f) proscribes the amendment of an application after the closing date set in the announcement, the circumstances present in this matter provide good cause to permit the appellant to amend his application. Specifically, since there are currently more employees serving provisionally in the subject title than on the eligible list, it is anticipated that the list will be incomplete. Further, 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). In this regard, the Commission finds that the appellant has demonstrated that he has the required experience for the subject title by the closing date, which, based on the circumstances presented, warrants his admission to the subject examination. Accordingly, good cause is established to relax the provisions of N.J.A.C. 4A:4-2.1(f) and admit the appellant.

The Commission cautions the appellant that, in the future, he should ensure that any applications are fully and completely filled out as his failure to do so will be cause for rejection from the selection process. This determination is limited to the instant matter and does not provide precedent in any other matter.

ORDER

Therefore, it is ordered that the appeal be granted, and the appellant’s application be processed for prospective employment opportunities only.

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