Stephen Gonzales, CSC Docket No. 2026-11

Appellant's argumentStephen Gonzales requests a retroactive appointment date regarding his appointment as a Correctional Police Sergeant with the Department of Corrections.

BackgroundBy way of background, Gonzales applied for the Correctional Police Sergeant (PS0086I), Department of Corrections promotional examination, which had a November 21, 2022, closing date. The test was initially administered on June 3, 2023; however, the appellant did not take the test on that date. Gonzales sat for a make- up test in May 2024 as he was on military leave in June 2023. Thereafter, starting in November 2024, numerous certifications for positions in the subject title in various Department of Corrections locations were issued and appointments were made. Gonzales was appointed to a position in the subject title, effective June 14, 2025.

Appellant's argumentIn his request, Gonzales presents that during the initial test administration, he was on active duty orders, and the appropriate paperwork was submitted and approved. He states that he emailed this agency in February 2025 inquiring about the make-up test results, and he received a reply that the results were pending final verification and would be released shortly. However, Gonzales indicates that he never received the results. Thereafter, he provides that he received a certification in April or May 2025 for a position in the subject title with the East Jersey State Prison and was subsequently appointed.

Gonzales presents that he later received notice that he was second ranked on the subject eligible list. Further, he called this agency in July 2025 and was advised that a certification had been issued in November 2024, and the reason that he may not have been notified of his test results after they were issued was due to his change of address. Additionally, Gonzales highlights that many applicants were appointed before him. Therefore, he questions why he is being “penalized” as he lost seniority by not being appointed sooner.

Appointing authority's argumentIn response, the appointing authority indicates that on April 8, 2025, it was informed that the Gonzales’ name was added to a certification with a rank of 2A, and, as of April 9, 2025, it added Gonzales’ name to future certifications as advised. The appointing authority presents that Gonzales’ seniority date in the subject title is June 14, 2025, the date that he was appointed.

CONCLUSION

RuleN.J.A.C. 4A:4-1.10(c) provides that when a regular appointment has been made, the Civil Service Commission (Commission) may order a retroactive appointment date due to administrative error, administrative delay, or other good cause, on notice to affected parties.

AnalysisIn this matter, the record indicates that as per this agency’s policy, the scores for make-up candidates were issued once all appeals for the Correctional Police Sergent test that was administered on May 23, 2024, were resolved.1 This was done to prevent possible score changes in the event test items were deleted, double-keyed (i.e. two corrected answers), or there was a key change (i.e. the correct answer determined to be another option). Therefore, the record indicates that the procedure regarding Gonzales’ score and subsequent appointment is in accordance with this agency’s procedures regarding make-up tests and there was no administrative error, delay or other good cause to warrant Gonzales receiving a retroactive appointment date for seniority purposes.

ORDER

Therefore, it is ordered that this request be denied.

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

1 These appeals were heard at the February 26, 2025, Commission meeting, and Gonzalez was added to the list shortly thereafter.