Charles Farrah, CSC Docket No. 2025-1035

BackgroundLavallette (Borough) requests that Charles Farrah be provided with a retroactive permanent appointment date to the title of Senior Public Works Repairer, effective April 24, 2006.

By way of background, the eligible list for Senior Public Works Repairer (PM0984G), containing the names of six non-veteran eligibles, including Farrah as the third ranked eligible, promulgated on March 9, 2006 and expired on March 8, 2009. Agency records indicate that no certifications were issued. On April 27, 2006, Lavalette submitted a County and Municipal Personnel System (CAMPS) Personnel Action Form to this agency, indicating that Farrah was appointed to the subject title, effective April 24, 2006. In support, it submitted an April 24, 2006 Resolution (No. 2006-133), which indicated that Farrah was appointed to the title of “Senior Repairer . . . effective immediately.” Agency records reveal that as no certification was issued, this appointment was not recorded in Farrah’s CAMPS record. Lavallette maintains that it discovered the error when it recently reviewed its CAMPS records, and as a result, it submitted the instant request.

The Division of Agency Services indicates its agreement with the appointing authority’s request.

CONCLUSION

RuleN.J.A.C. 4A:4-1.10(c) provides that when a regular appointment has been made, the Civil Service Commission may order a retroactive appointment date due to administrative error, administrative delay or other good cause, on notice to affected parties.

AnalysisIn the instant matter, the record reveals that Farrah was reachable for appointment on the Senior Public Works Repairer (PM0984G) eligible list at the time of his appointment to the title on April 24, 2006. In this regard, N.J.S.A. 11A:4-8, N.J.S.A. 11A:5-7, and N.J.A.C. 4A:4-4.8(a)3ii, the “Rule of Three,” allow an appointing authority to select any of the top three interested eligibles on a promotional list, provided that no veteran heads the list. In this matter, agency records indicate that there were no veterans on the subject eligible list, and Farrah was listed as the third ranked eligible. Therefore, it is clear that Farrah would have been reachable for appointment on April 24, 2006, the date indicated in Lavalette’s Resolution, had the appointing authority timely requested a certification. Accordingly, good cause exists to provide Farrah with a retroactive date of appointment, effective April 24, 2006.

ORDER

Therefore, the Civil Service Commission orders that this request be granted, and the Senior Public Works Repairer (PM0984G), Lavallette eligible list be revived in order to record the permanent appointment of Charles Farrah to the title of Senior Public Works Repairer, effective April 24, 2006.

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