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McGarrity v. Department of Civil Service

Decided: April 23, 1975.

JOSEPH R. MCGARRITY, NICHOLAS S. FIORE AND ROBERT J. DIGIOVANNA, APPELLANTS,
v.
DEPARTMENT OF CIVIL SERVICE, JAMES A. ALLOWAY AND WILLIAM DRUZ, RESPONDENTS



Michels, Morgan and Milmed.

Per Curiam

[140 NJSuper Page 537] Appellants Joseph R. McGarrity and Nicholas S. Fiore appeal from a determination of the State Civil Service Commission which affirmed the results of a promotional examination (written and oral) taken by them for the position of Principal Probation Officer I, Essex County. Appellant Robert J. DiGiovanna appeals from the

determination of the Commission which affirmed his failure on an oral promotional examination held for the position of Assistant Chief Probation Officer, Essex County. The two appeals, involving as they do two different factual situations, will be treated separately.

As to McGarrity and Fiore

On March 30, 1973 the State Department of Civil Service issued a promotional announcement (with application form) for the title of Principal Probation Officer I in the Probation Department of Essex County. The announcement set forth a "scoring code" of "01" which was defined as follows:

Seniority and record of service: 3

Written and/or Oral Test: 7

(If both tests are held the weights will be: Written Test: 4; Oral Test: 3.)

McGarrity and Fiore filed their applications and were duly notified of a written examination, which they took on June 28, 1973. About 11 weeks later, on September 10, 1973, they received notice of an oral examination scheduled for September 21, 1973. On the written examination Fiore finished second with a score of 80.896 and McGarrity finished third with a score of 77.491. On the oral examination each received a score of 75, which was next to the lowest score (70) of those who passed the examination. With an experience or seniority score of 71.602 Fiore's final average for the overall promotional examination was 76.338. With an experience or seniority score of 75.149 McGarrity's final average for the overall examination was 76.040. Accordingly, of the ten successful candidates, Fiore placed seventh on the eligibility list and McGarrity placed eighth. After the results were issued and the promotional list promulgated, McGarrity and Fiore appealed within the Department of Civil Service and were notified that the results of the examination

would, in accordance with N.J.A.C. 4:1-8.15, be subject to an administrative review by the Civil Service Commission, and that the record to be presented to the Commission could be inspected and supplemented "with factual material or written argument within two weeks." Within an extended period of time written material was submitted. On February 5, 1974 the Commission considered the appeals. By letter of February 20, 1974 from the Chief Examiner and Secretary of the Department of Civil Service appellants' attorney was notified of the Commission's findings and its "final administrative determination" upholding the scores obtained and dismissing the appeals. Its findings of fact were as follows:

1. The appointing authority provided standard information as to the duties of the position.

2. The appointing authority was not consulted after the written test was given nor did the appointing authority in any way influence ...


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