Oliver French and Aramis Azize, CSC Docket No. 2025-2736, 2025-2737

BackgroundJersey City requests that the eligible list for Fire Fighter (M2238D) be revived to effectuate the appointments of Oliver French and Aramis Azize. These matters have been consolidated herein due to common issues presented.

As background, French and Azize, non-veterans, appeared on the open competitive eligible list for Fire Fighter (M2238D), Jersey City, which promulgated on April 28, 2023 and expired on April 27, 2025, ranked 87 and 88 respectively. Both received regular appointments, effective September 12, 2024, from the June 26, 2024 (OL240721) certification. However, they resigned voluntarily on or about October 4, 2024 after being unable to successfully complete mandatory Fire Fighter training. Later, they expressed their respective wishes to be employed again by the fire department as Fire Fighters. Jersey City separately entered into a settlement agreement with each individual to resolve all disputes. Among the settlement terms are that the appointment date for each individual shall be on or about June 16, 2025.

It is noted that on January 28, 2025, a certification (OL250093) issued from the M2238D list with a disposition due date of July 28, 2025. The first 12 listed eligibles held ranks from 15 to 93. Eleven of the 12 were either removed from the list or recorded as not being interested in the current certification. The eligible ranked 93 received a regular appointment, effective June 16, 2025.

CONCLUSION

RuleN.J.S.A. 11A:4-6 provides that the duration of an eligible list shall not be more than three years from the date of its establishment, except that it may be extended for good cause and a list shall not have a duration of more than four years. N.J.A.C. 4A:4-3.4(a) provides that an expired eligible list may be revived, among other reasons, for good cause.

AnalysisIn the instant matter, Jersey City reached settlements that effectively require the Civil Service Commission (Commission) to revive and extend the Fire Fighter (M2238D) eligible list in order to effectuate the appointments of French and Azize. The policy of the judicial system strongly favors settlement. See Nolan v. Lee Ho, 120 N.J. 465 (1990); Honeywell v. Bubb, 130 N.J. Super. 130 (App. Div. 1974); Jannarone v. W.T. Co., 65 N.J. Super. 472 (App. Div. 1961), cert. denied, 35 N.J. 61 (1961). This policy is equally applicable in the administrative area. A settlement will be set aside only where there is fraud or other compelling circumstances. See Nolan, supra. Therefore, good cause has been established to revive the Fire Fighter (M2238D) list so that French and Azize may be regularly appointed to that title. They shall also be given a retroactive date of permanent appointment of June 16, 2025 upon successful completion of a current working test period, for seniority-based purposes only.

ORDER

Therefore, it is ordered that these requests be granted, the appellants be added to the eligible list pursuant to N.J.A.C. 4A:4-5.5, and the eligible list for Fire Fighter (M2238D), Jersey City, be revived to effectuate the regular appointments of Oliver French and Aramis Azize. It is also ordered that upon successful completion of current working test periods, French and Azize receive a retroactive date of permanent appointment of June 16, 2025, for seniority-based purposes only. No further remedies are provided.

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