Hanah Ibirongbe, CSC Docket No. 2022-963

Appellant's argumentHanah Ibirongbe requests to file a late application for the promotional examination for Assistant Director of Nursing Services 1, Psychiatric (PS2652H), Ancora Psychiatric Hospital.

BackgroundThe examination at issue was announced with requirements that had to be met as of the March 23, 2021 closing date. A total of 16 employees applied and five were determined eligible. Certification PS210469 was issued containing the five elgibles and four were appointed and one was removed. The list expires on April 28, 2023.

On appeal, the petitioner attaches an August 22, 2020 letter1 that she submitted to the Division of Agency Services (Agency Services) where she stated that she has been working for the State as a nurse for 28 years and has been an “Acting” Assistant Director of Nursing2 for the appointing authority since July 21, 2020.3 The petitioner advised Agency Services that she just learned that the subject examination was announced on March 1, 2020 and the closing date was March 23, 2020. She

1 The letter is not dated; however, the petitioner states on appeal that the letter was sent on August

22, 2020. 2 It is noted that there is no such designation as an “acting” appointment under Civil Service rules.

N.J.S.A. 11A:4-13 and N.J.A.C. 4A:4-1 et seq. provide for regular, conditional, provisional, interim, temporary, and emergency appointments. See In the Matter of Russell Davis (MSB, decided August 10, 2005); In the Matter of Michael Shaffery (MSB, decided September 20, 2006). 3 Personnel records indicate that she is a Supervisor of Nursing Services.

explained that she was out of the country on vacation from February 29, 2020 4 until March 24, 2020, and did not return to work until March 26, 2020. Therefore, she requested to be considered for the subject examination.

Appellant's argumentThe petitioner also provides an October 4, 2021 letter from Agency Services regarding her request to submit a late application for the subject examination. It indicated that on October 19, 2020 and October 21, 2020, it emailed her at the address that she provided. Further, the letter stated that its October 19, 2020 email contained an application for her to complete and return. However, it indicated that it did not receive a complete application from her and, therefore, it returned her application fee in the amount of $25. The petitioner states that despite checking her inbox, junk mail, and spam folder multiple times, she never received the October 2020 emails from Agency Services.

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, the petitioner explained to Agency Services that she was out of the country when the subject examination announcement was issued and closed. Further, based on Agency Services’ October 4, 2020 letter, the record indicates that Agency Services initially granted her request to submit a late application. Further, in response, the petitioner submitted an application and the application fee, although apparently the application was incomplete.5 Moreover, there are currently no names on the list. 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.

Appellant's argument4 The petitioner submits emails from airlines to support her statement that she was out of the country during the time the subject examination announcement was issued and closed. 5 After receiving the incomplete application and the application fee and not receiving a response to its emails in October 2020, the record is unclear as to why Agency Services waited until October 2021 to send her a letter or otherwise attempted to contact the appellant to explain that there was an issue with her application.

AnalysisThis 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 Assistant Director of Nursing Services 1, Psychiatric (PS2652H), Ancora Psychiatric Hospital, 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 15th day after the issuance date of this decision, she will not be entitled to have her application reviewed. Should she subsequently be placed on the eligible list, it will be for prospective employment opportunities only.

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