Denesha Ransome, CSC Docket No. 2023-2886

Appellant's argumentDenesha Ransome requests a retest of the physical performance portion of the examination for Fire Fighter (M2276D), Willingboro.

BackgroundThe appellant took the physical performance portion of the subject examination (PPT) on June 20, 2023. The PPT consisted of three parts: the obstacle course, the ladder climb, and the darkened maze. Each portion had a passing point. The ladder climb and the darkened maze were pass/fail, i.e., candidates who performed the exercise faster than the passing time passed that portion of the exam and those who performed the exercise slower than the passing time failed. The passing point for the obstacle course was five minutes. The appellant completed the obstacle course in five minutes, 26.81 seconds. As such, she failed the obstacle course.

Appellant's argumentOn appeal to the Civil Service Commission (Commission), the appellant asserts that while she was putting the high-rise bag down on the obstacle course, the Velcro straps on her weighted vest came undone. She avers that this caused the weight of the vest to become unevenly distributed, slowing her down and causing her to fail.

It is noted that based upon the appellant’s failure of the PPT, pursuant to N.J.A.C. 4A:4-4.7(a)1 and N.J.A.C. 4A:4-6.1(a)4, her name was removed from the Fire Fighter eligible lists for the eight other jurisdictions she applied to in the same examination cycle.1 Each of these eligible lists have an expiration date of April 27, 2025.

CONCLUSION

In the instant matter, a review of the Center Supervisor’s Report confirms that the Velcro straps on the appellant’s vest came undone during the portion of the obstacle course where she was required to drag a hose line. The report further indicates that she had approximately one minute and 30 seconds to complete the remainder of the course from the point where this event occurred and that she did file an appeal at the test site on the examination date. Under these circumstances, the Commission finds a sufficient basis exists to restore the appellant’s name to the M2276D, M2207D, M2208D and M2214D eligible lists, and grant the appellant a retest. Since these lists are set to expire on April 27, 2025, if the appellant’s name is not certified before the expiration date of these lists, each list shall be revived at the time of the next certification. However, if the appellant fails her PPT retest after the next certification, the remaining eligible lists referenced above shall not be revived. Finally, if the appellant passes the PPT and is subsequently appointed to a Fire Fighter position from any of the above-listed eligible lists, the appellant may petition the Commission for a retroactive appointment date.

It is noted that this remedy is limited to the unique circumstances of this appeal and does not provide a precedent in any other matter.

ORDER

Therefore, it is ordered that this appeal be granted, that the appellant’s name be restored to the M2276D, M2207D, M2208D and M2214D eligible lists, and that her name be added to the next certification to provide her with another opportunity to schedule and participate in the physical performance test. It is further ordered that, if the appellant’s name is not certified before the expiration of these lists, each list shall be revived at the time of the next certification. However, if the appellant fails her retest of the physical performance test, the remaining eligible lists indicated above shall not be revived. If the appellant passes the physical performance test and is subsequently appointed to a Fire Fighter position from the subject eligible list, she may petition the Commission for a retroactive appointment date.

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

1 The appellant would have been reachable on the July 1, 2024 certification (OL240735) from the Fire

Fighter (M2207D), Bordentown Fire District 1; November 13, 2024 certification (OL241305), from the Fire Fighter (M2214D), Cinnaminson; and February 13, 2025 certification (OL250174) from the Fire Fighter (M2208D), Bordentown Fire District 2 eligible lists. No additional certifications have been issued from the M2276D list since the date the appellant failed the PPT.