Arianna Campbell, CSC Docket No. 2024-399

BackgroundArianna Campbell appeals the removal of her name from the eligible list for Police Officer (M0034D), East Orange, on the basis that she failed to respond to the certification notice.

The appellant, a non-veteran, took and passed the open competitive examination for Police Officer (M0034D), which had a closing date of February 28, 2022. The resulting eligible list promulgated on November 10, 2022 and expired on November 9, 2023. The appellant’s name was certified to the appointing authority on November 15, 2022, with a notice date of November 22, 2022.1 In disposing of the certification, the appointing authority requested the removal of the appellant’s name on the basis that she failed to respond to the certification notice.

Appellant's argumentOn appeal, the appellant submits a notarized statement that she did not receive the certification notice. The appellant explains that she was told by someone in this agency that her address was not correct in agency records. Agency records indicate that the certification notice was returned to this agency. Agency records also indicate that her address was corrected May 1, 2023.

BackgroundDespite an opportunity to do so, the appointing authority did not submit a response.

1 It is noted that the appellant’s name was Arianna Hicks when she was certified.

CONCLUSION

RuleN.J.A.C. 4A:4-4.7(a)6 provides that an eligible’s name may be removed from a list for “non-compliance with the instructions listed on the notice of certification.” N.J.A.C. 4A:4-6.3(b), in conjunction with N.J.A.C. 4A:4-4.7(d), provides that the appellant has the burden of proof to show by a preponderance of the evidence that the appointing authority’s decision to remove her name from an eligible list was in error. N.J.A.C. 4A:1-1.2(c) provides that a rule may be relaxed for good cause shown in a particular situation. Additionally, N.J.S.A. 11A:4-6 and N.J.A.C. 4A:4- 3.4 provide in part that an eligible list may be revived in order to implement a court order or decision of the Civil Service Commission in the event of a successful appeal instituted during the life of the list, to correct an administrative error, or for other good cause.

AnalysisIn the instant matter, the appellant submits a notarized statement wherein she states that she did not receive the certification notice. Moreover, agency records indicate that her certification notice was not delivered and was instead returned to this agency. Therefore, based on the foregoing, good cause exists to revive the Police Officer (M0034D) eligible list and restore the appellant’s name, for a prospective employment opportunity only.

ORDER

Therefore, it is ordered that this appeal be granted and the eligible list for Police Officer (M0034D), East Orange, be revived in order for the appellant to be considered for a prospective employment opportunity at the time of the next certification only.

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