Administrative Analyst (M0631C), CSC Docket No. 2025-1952

In In the Matter of Administrative Analyst (M0631C), North Brunswick (CSC, decided August 24, 2022), the Civil Service Commission (Commission) granted the request of North Brunswick for an appointment waiver for the March 21, 2022 certification and ordered that no selection costs would be assessed at that time since the appointing authority indicated that it intended to make a future appointment should its needs change prior to the expiration of the subject eligible list. However, the appointing authority did not utilize the subject eligible list and the matter of the assessment of costs is now before the Commission.

BackgroundAgency records reveal that a certification was issued from the subject eligible list on March 21, 2022. However, the certification was cancelled on September 1, 2022 and no appointments were made. Therefore, North Brunswick was notified that since the eligible list was not utilized by its March 16, 2025 expiration date, the matter of the costs for the selection process in the amount of $2,048 would be forwarded to the Commission for a determination. However, no response was received.

CONCLUSION

N.J.S.A. 11A:4-5 and N.J.A.C. 4A:10-2.2(a)2 state that if an appointing authority receives permission not to make an appointment, it can be ordered to reimburse the costs of the selection process. While administering examinations and providing the names of eligible job candidates to the jurisdictions under the Civil Service system are two of the primary activities of this agency, these costly efforts are thwarted when appointing authorities fail to utilize the resulting eligible lists to make appointments and candidates have needlessly expended their time, effort and money to take these examinations in hopes of being considered for a permanent appointment. The amount of $2,048 has been determined to be the cost of the selection process for open competitive examinations for local government positions.

In the instant matter, although the appointing authority had shown a valid reason for not making an appointment from the subject eligible list, it has not provided a sufficient basis for not being charged for the costs of the selection process which produced the subject eligible list, nor is it challenging the costs in this matter. In this regard, the examination for the subject title was generated based on the appointing authority’s appointment of a provisional employee. However, after a complete certification was issued, the appointing authority requested an appointment waiver, stating that shortly after the certification issued, it was determined that the provisional appointee had been performing duties consistent with the non-competitive title of Computer Operator Trainee and he was appointed to that title. The appointing authority indicated that if its needs changed, it would utilize the subject eligible list prior to its expiration. However, agency records indicate that it failed to do so. Thus, based on the foregoing, it is appropriate that the appointing authority be assessed the costs of the selection process.

ORDER

Therefore, it is ordered that North Brunswick be assessed the costs of the selection process in the amount of $2,048 to be paid within 30 days of the issuance of this decision.

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