Supervisor of Patients’ Accounts 1 (S1043A), CSC Docket No. 2025-466

In In the Matters of Richard Oliva and Supervisor of Patients’ Accounts 1 (S1043A) (CSC, decided June 28, 2023), the Civil Service Commission (Commission) granted the request of Trenton Psychiatric Hospital for an appointment waiver for the August 30, 2021 and February 15, 2022 certifications and ordered that no selection costs would be assessed at that time since there was a possibility that the list could be utilized prior to its expiration. 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 the only two certifications issued from the subject eligible list were on August 30, 2021 and on February 15, 2022, both for Trenton Psychiatric Hospital. However, no appointments were made from either of these certifications, waivers were granted per the above-cited decision, and the certifications were cancelled. As the list has expired, Trenton Psychiatric Hospital was notified that since the eligible list was not utilized by its expiration date, the matter of the costs for the selection process in the amount of $8,285 would be forwarded to the Commission for a determination. The appointing authority responded stating that it originally requested a waiver of the certifications due to the fact that the provisional appointee that was sitting in the position, and whom the eligible list was certified against, was displaced from their position prior to the certification being disposed of. Additionally, it explains that since the employee’s separation in 2021, the position has not been backfilled, nor has any other employee held the title of Supervisor of Patients’ Accounts 1 due in large part to fiscal constraints.

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 $8,285 has been determined to be the cost of the selection process for open competitive examinations for State government positions.

The appointing authority had previously shown a valid reason for not making an appointment from the subject eligible list. In this regard, as noted in the original matter, the provisional employee had been separated from employment, effective December 31, 2021, and no appointments from the August 30, 2021 (OS210310) certification were made due to the separation. Moreover, the appointing authority indicated that it had no additional vacancies for a Supervisor of Patients’ Accounts 1. The appointing authority further stated that although a second certification (OS220065) was issued on February 15, 2022, it asserted that this certification must have been generated in error, as it did not request this action. The appointing authority maintained that it returned the second certification on July 21, 2022, requesting that it be canceled. Therefore, the appointing authority requested permission not to make an appointment from these certifications of the subject eligible list. Upon review, the Commission granted the request for an appointment waiver and deferred a determination as to the assessment of costs. In the instant matter, agency records confirm that that the appointing authority did not make an appointment before the August 25, 2024, list expiration date. In addition, appointing authority responded stating that it requested a waiver due to the fact that the provisional appointee that was sitting in the position, and whom the eligible list was certified against, was displaced from their position prior to the certification being disposed of. Additionally, it explains that since the employee’s separation in 2021, the position has not been backfilled, nor has any other employee held the title of Supervisor of Patients’ Accounts 1 due in large part to fiscal constraints. Given such constraints and the fact that many State agencies were subject to a open competitive hiring freeze for large portions of the relevant time period, it is not appropriate in this matter to assess the appointing authority for the costs of the selection process.

ORDER

Therefore, it is ordered that no costs be assessed against Trenton Psychiatric Hospital for the costs of the selection process.

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