Joanne Burke, CSC Docket No. 2022-804

Appellant's argumentJoanne Burke requests to file a late application for the promotional examination for Clerk 2 (PC4379C), Union County.

BackgroundThe examination at issue was announced with requirements that had to be met as of the August 23, 2021 closing date. A total of 10 employees applied and five were determined eligible. No certifications have been issued and the list expires on October 6, 2024. The appellant applied for the Clerk 3 (PC4384C), Union County promotional examination, which had an August 23, 2021 closing date, and was determined ineligible for not being permanent in the competitive division.

Appellant's argumentOn appeal, the appellant explains that she applied to the Clerk 3 (PC4384C) promotional examination because she was unaware that her position as a Clerk 2 was provisional and she was not considered permanent in this title. She presents that she started her employment with the appointing authority three years ago and received a raise one and one-half years later, which is why she thought she was considered a permanent Clerk 2. The appellant states that no one fully explained to her how the Civil Service system functioned. Therefore, she requests to take the Clerk 2 examination so that she can become permanent in that title and then be provisionally appointed as a Clerk 3.

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

AnalysisCommission (Commission) may relax a rule for good cause in order to effectuate the purposes of Title 11A, New Jersey Statutes.

In this matter, the petitioner presents that she mistakenly applied for the Clerk 3 (PC4384C) promotional examination, which she is ineligible for since she is not permanent as a Clerk 2. She explained that she is relatively new to the Civil Service system and did not understand that she was only provisionally serving as a Clerk 2 and she needed to apply for the subject Clerk 2 (PC4379C) promotional examination to become permanent in that title. Further, as there are seven employees provisionally serving as Clerk 2s in the appointing authority’s Clerk’s Office and only five eligibles on the Clerk 2 (PC4379C) list, that list is incomplete based on the number of anticipated positions that the appointing authority is expected to permanently fill. 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 her application and application fee after the closing deadline for prospective appointment opportunities only.

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 the petitioner be permitted to submit an application for the Clerk 2 (PC4379C), Union County examination. 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 15 th 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.