Rasha Hassan, CSC Docket No. 2025-2696

Appellant's argumentRasha Hassan requests a retroactive date of permanent appointment to the title of Administrative Assistant 2 and other relief.

BackgroundAs background, the appellant received a provisional appointment, pending open competitive examination procedures, to the title of Administrative Assistant 2, effective June 19, 2023, with the Department of Community Affairs (DCA). Subsequently, she appeared on the eligible list for Administrative Assistant 2 (S1169E), Statewide, which promulgated on January 9, 2025 and expires on January 8, 2027. A.C., who held disabled veterans preference at the time, ranked first, and the appellant ranked sixth on the eligible list. On January 9, 2025, the eligible list was certified (OS250014) to DCA with the names of six eligibles, including A.C., listed first, and the appellant, listed sixth. DCA returned the certification, regularly appointing A.C. effective April 5, 2025. See N.J.S.A. 11A:5-6. The second and fifth listed eligibles and the appellant were retained as interested. The third and fourth listed eligibles were retained as interested in future certifications only. A.C.’s appointment displaced the appellant, whose provisional appointment was discontinued, effective April 4, 2025.

In June 2025, this agency’s Division of Human Resource Information Services (HRIS) notified DCA that A.C. had appeared on the eligible list with disabled veterans preference in error and that she should have appeared as a nonveteran, ranked tenth. HRIS indicated that this change applied retroactively to January 9, 2025, the date of list promulgation and certification. As a result, A.C.’s appointment was now invalid as she was never reachable for appointment in the first place, and the appellant now became reachable. HRIS advised DCA to readdress certification OS250014. As a result, the appellant received a permanent appointment to the title of Administrative Assistant 2, effective June 30, 2025, as a new hire.

Appellant's argumentOn appeal to the Civil Service Commission (Commission), the appellant seeks restoration of seniority, salary step, benefits, and back pay. She also seeks consideration for emotional distress and other disruptions.

It is noted that the appointing authority agrees that the appellant’s displacement “occurred through no fault of her own and that, therefore, the [Commission] should take necessary action to make her whole” but emphasizes that DCA “made a good faith effort to have this matter rectified” and “does not accept responsibility for [the appellant’s displacement] or any hardships caused as a result.”

CONCLUSION

RuleN.J.A.C. 4A:4-1.10(c) provides that when a regular appointment has been made, the 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, there is sufficient support in the record to conclude that, but for the administrative error in A.C.’s appearing on the eligible list with disabled veterans preference, the appellant would have been permanently appointed earlier than June 30, 2025 and not as a “new hire” on June 30, 2025. In this regard, the appellant was already serving provisionally, and, without A.C. listed first, she was reachable for appointment. See N.J.A.C. 4A:4-4.8(a)3. Therefore, good cause exists to provide the appellant with a retroactive date of permanent appointment, effective April 4, 2025, the date she had been displaced. However, the appellant is not entitled to any back pay or benefits. In this regard, N.J.A.C. 4A:2-1.5(b) provides that, in all appeals other than disciplinary and good faith layoff appeals, back pay or benefits may be granted as remedies where an appointing authority has unreasonably failed or delayed to carry out an order of the Commission or where the Commission finds sufficient cause based on the particular case. N.J.A.C. 4A:2-1.5(b) further provides that a finding of sufficient cause may be made based on an appointing authority’s bad faith or invidious motivation. See also In the Matter of Anthony Hearn, 417 N.J. Super. 289 (App. Div. 2010) (In the absence of a rule to define “sufficient cause” for purposes of the application of N.J.A.C. 4A:2-1.5(b), the court evaluated the various merits of Hearn’s case and concluded that sufficient cause had been established). As there is no indication that DCA unreasonably failed or delayed in carrying out any Commission order or acted in bad faith or with invidious motivation, sufficient cause to award back pay or benefits is not present in this matter. The Commission also has no authority to award damages for such items as emotional distress. See N.J.A.C. 4A:2-1.5.

ORDER

Therefore, it is ordered that this appeal be granted in part and that Rasha Hassan’s record reflect that her appointment to the title of Administrative Assistant 2 be revised from provisional, pending open competitive examination procedures, to a regular permanent appointment, effective April 4, 2025, for salary step placement and seniority-based purposes only. However, the Civil Service Commission does not grant any other relief, except the enumerated relief.

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