Juan Mendoza, CSC Docket No. 2025-2142

BackgroundJuan Mendoza appeals the disposition of certification PL241954 regarding the Sheriff’s Officer Sergeant (PC4995C), Hudson County Sheriff’s Office promotional list.

The appellant took the Sheriff’s Officer Sergeant (PC4995C), Hudson County Sheriff’s Office promotional examination, which had a November 22, 2021, closing date, achieved a passing score, and was ranked on the subsequent eligible list, which expires on November 2, 2025. Initially, certification PL230322 was issued on March 16, 2023, containing six names, including Mendoza who was the fourth ranked. However, no appointments were made. Thereafter, on July 21, 2023, certification PL231397 was issued containing six names, including Mendoza who was again fourth ranked. The first and second ranked candidates were appointed. Subsequently, certification PL241954 was issued containing six names, including Mendoza who was second ranked. Its disposition was due March 10, 2025. However, the subject certification was not returned until April 7, 2025, and its disposition was recorded on April 11, 2025, with the first ranked candidate appointed.

Appellant's argumentOn appeal, Mendoza indicates that he is appealing the disposition of certification PL241954 which he alleges was improper in violation of N.J.A.C. 4A:4- 4.8. Specifically, Mendoza states that the appointing authority failed to notify him of the disposition which “expired” on March 9, 2025. He highlights that this agency advises in its instructions for the disposition of a certification that:

Certifications must be completely disposed by the required date of disposition indicated on the top of the certification unless an extension of the date is requested and approved. Failure to do so may result in enforcement action including cancellation of the certification, constructive appointments, payroll disapprovals, assessment of costs, etc.

It is the appointing authority’s responsibility to notify all interested eligibles of the results of the certification.

Additionally, Mendoza presents that the instructions for the PL241954 certification notice indicated that:

If you are scheduled for an interview, the appointing authority will provide specific information regarding salary, work hours, and duties of the position. If you are not scheduled for an interview, the Civil Service

Commission (Commission) or appointing authority will send you another notice at a later date to explain the outcome of this certification.

Therefore, Mendoza argues that the appointing authority’s failure to notify and properly dispose certification PL241954 should result in an enforcement action against the appointing authority and a constructive appointment.

CONCLUSION

RuleN.J.A.C. 4A:4-4.8(b) provides, in pertinent part, that the appointing authority shall notify the Commission of the disposition of the certification by the disposition due date in the manner prescribed by the Chairperson or designee. N.J.A.C. 4A:4- 4.8(c) provides that failure to dispose by the due date may result in constructive appointment or other remedial action as set forth in N.J.A.C. 4A:10-2.

AnalysisIn this matter, the record indicates that although the disposition of the subject certification was due March 10, 2025, the appointing authority did return it on April 7, 2025, and its disposition was recorded by this agency on April 11, 2025. Additionally, the first ranked eligible was appointed. Further, as Mendoza was the second ranked eligible, his non-appointment in favor of a higher-ranked candidate was not challengeable. See In the Matter of Michael Barbato-Buckley (CSC, decided August 16, 2017) and See In the Matter of Lisa Williams (CSC, decided December 1, 2021). Moreover, as the appointing authority has now properly returned the subject certification, there is no need for enforcement. Similarly, as the first ranked candidate was appointed, there is no need for a constructive appointment, since such appointment would have been afforded to that candidate.

ORDER

Therefore, it is ordered that this appeal be denied.

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