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Tuesday, July 19, 2011

In the Matter of Nicholas R. Foglio (A-16-10; 066482) 7-19-11

In the Matter of Nicholas R. Foglio, Fire Fighter (M2246D), Ocean City (A-16-10; 066482)

An appointing authority that chooses to bypass a candidate that ranked higher on a competitive civil service examination must provide a statement of “legitimate” reasons for the bypass. Where, as here, the reason advanced was boilerplate, equally applicable to any bypass case and utterly lacking in specific explanatory language, it was not sufficient to satisfy the appointing authority’s reporting obligation.