C.T., CSC Docket No. 2026-2758

BackgroundThe Department of Transportation (DOT) requests that C.T. be provided with a retroactive date of appointment to the title of Management Assistant.

As background, C.T., a non-veteran, appeared on the promotional eligible list for Management Assistant (PS6378T), DOT, which promulgated on June 28, 2018 and expired on June 27, 2021. She received a regular appointment, effective June 29, 2018, from the June 28, 2018 (PS180820) certification. However, she did not pass her working test period and received a permanent appointment to the title of Technical Assistant 2. Later, she filed a complaint with the Division on Civil Rights (DCR), alleging that the appointing authority had discriminated against her in the terms and conditions of her employment based on age and reprisal in violation of the Law Against Discrimination. The parties entered into an agreement to resolve the dispute on the following terms:

Within seven (7) days of the Effective Date of the Agreement, [the appointing authority] agrees to apply to the Civil Service Commission to reopen the promotional eligibility list for Management Assistant,

Promotional Symbol [PS6378T].1 Once reopened, [the appointing authority] and [C.T.] assert that [C.T.] will be reachable on the promotional list for Management Assistant, Promotional Symbol

1 The appointing authority advises that references in the agreement to a different symbol are typographical errors.

[PS6378T]. Once [C.T.] is selected, [the appointing authority] agrees to give [C.T.] the permanent title of Management Assistant, Range 20,

Step 9 pending completion of a four (4) month working test period in the same working Division as [C.T.] currently is assigned. [The appointing authority] agrees that, upon successful completion of the four (4) month working test period, [C.T.] will be designated as permanent.

Appointing authority's argumentThe appointing authority requests that C.T.’s permanent appointment be made effective May 30, 2026.

CONCLUSION

RuleN.J.A.C. 4A:4-1.10(c) provides that when a regular appointment has been made, the Civil Service 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, the parties reached a settlement to resolve a DCR complaint that requires the Civil Service Commission to effectuate C.T.’s appointment to Management Assistant. 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 effectuate C.T.’s regular appointment to the title of Management Assistant. She shall also be given a retroactive date of permanent appointment of May 30, 2026 upon successful completion of a current working test period.

ORDER

Therefore, it is ordered that this request be granted to reinstate C.T. to the title of Management Assistant with the Department of Transportation with a current working test period. It is also ordered that upon successful completion of a current working test period, C.T. receive a retroactive date of permanent appointment of May 30, 2026.

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