title-11a•Title 11A — Civil Service
This title shall be known and may be cited as the "Civil Service Act."
The Legislature finds and declares that:
a. It is the public policy of this State to select and advance employees on the basis of their relative knowledge, skills and abilities;
b. It is the public policy of this State to provide public officials with appropriate appointment, supervisory and other personnel authority to execute properly their constitutional and statutory responsibilities;
c. It is the public policy of this State to encourage and reward meritorious performance by employees in the public service and to retain and separate employees on the basis of the adequacy of their performance;
d. It is the public policy of this State to ensure equal employment opportunity at all levels of the public service; and
e. It is the public policy of this State to protect career public employees from political coercion and to ensure the recognition of such bargaining and other rights as are secured pursuant to other statutes and the collective negotiations law.
There is established in, but not of, the Department of Labor and Workforce Development in the Executive Branch of State government the Civil Service Commission. For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Civil Service Commission is allocated within the Department of Labor and Workforce Development, but, notwithstanding this allocation, the commission shall be independent of any supervision or control by the department or by any officer or employee thereof. For the purpose of this title, "commission" means the Civil Service Commission.
The Department of the Treasury and the Civil Service Commission, as appropriate, shall implement and enforce this title.
The Civil Service Commission shall consist of five members appointed by the Governor with the advice and consent of the Senate for staggered terms of four years and until the appointment and qualification of their successors. No more than three of the five members shall be of the same political party. Three members of the commission shall constitute a quorum.
The holding over of an incumbent beyond the expiration of the term of office shall reduce, in commensurate length, the term of office of a successor. Vacancies shall be filled for the unexpired terms, in the same manner as original appointments. No member shall hold any other State or federal office or position.
The Governor shall designate one member to serve as the chairperson of the commission. The chairperson shall be the chief executive officer and administrator of the commission and shall devote full time to the duties of the position. The chairperson shall serve at the pleasure of the Governor.
A commission member other than the chairperson of the commission may be removed from office by the Governor for cause, upon notice and an opportunity to be heard. A commission member removed from office shall be entitled to receive compensation only up to the date of removal.
A commission member, other than the chairperson of the commission, shall receive a salary as fixed by law and shall also be entitled to sums incurred for necessary expenses. The salary of the chairperson shall be determined by the Governor.
In addition to other powers and duties vested in it by this title or by any other law, the commission shall:
a. After a hearing, render the final administrative decision on appeals concerning permanent career service employees or those in their working test period in the following categories:
(1) Removal,
(2) Suspension or fine as prescribed in N.J.S.11A:2-14,
(3) Disciplinary demotion, and
(4) Termination at the end of the working test period for unsatisfactory performance;
b. On a review of the written record, render the final administrative decision on other appeals;
c. Provide for interim remedies or relief in a pending appeal where warranted;
d. Adopt and enforce rules to carry out this title and to effectively implement a comprehensive personnel management system;
e. Interpret the application of this title to any public body or entity; and
f. Authorize and conduct such studies, inquiries, investigations or hearings in the operation of this title as it deems necessary.
"Commission" means the Civil Service Commission.
"Domestic violence" means domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19) and section 1 of P.L.2003, c.41 (C.17:29B-16).
"Employee" means an employee of a public employer.
"Human resources officer" means an employee of a public employer with a human resources job title, or its equivalent, who is responsible for orienting, training, counseling, and appraising staff.
"Public employer" means the State of New Jersey and any county, municipality, school district, or other political subdivision thereof, and any agency, authority, or instrumentality of the foregoing.
b. (1) The commission shall develop a uniform domestic violence policy, which all public employers shall adopt and distribute to their employees, regardless of whether a public employer is subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes. A public employer may modify the uniform domestic violence policy to suit any unique needs of the public employer; provided, however, that the public employer's domestic violence policy shall not conflict with the provisions of paragraph (2) of this subsection. The commission shall review the uniform domestic violence policy periodically and shall require modification of the uniform domestic violence policy from time to time, as need may require.
(2) The commission shall provide that the uniform domestic violence policy, developed pursuant to this section, includes:
(a) a declaration encouraging employees who are victims of domestic violence to contact their human resources officer and seek assistance;
(b) a confidential method for employees to report domestic violence incidents to human resources officers;
(c) a confidentiality policy to which human resources officers receiving reports of domestic violence must adhere, unless a domestic violence incident poses an emergent danger to employees and the involvement of law enforcement is necessary;
(d) a listing of available State and local resources, support services, treatment options, advocacy and legal services, medical and counseling services, and law enforcement assistance services for domestic violence victims;
(e) a requirement that an employee's records pertaining to a domestic violence incident or domestic violence counseling be kept separate from the employee's other personnel records;
(f) an explanation of the requirements of the "New Jersey Security and Financial Empowerment Act," P.L.2013, c.82 (C.34:11C-1 et seq.); and
(g) a requirement for the public employer to develop a plan to identify, respond to, and correct employee performance issues that may be caused by a domestic violence incident.
(3) In the development of the uniform domestic violence policy, the commission shall ensure consultation with human resources officers, law enforcement personnel, prosecutors, social workers, and other persons trained in counseling, crisis intervention, or in the treatment of domestic violence victims.
c. The commission and the Division of Local Government Services in the Department of Community Affairs shall distribute the uniform domestic violence policy, and any modifications thereto, to public employers. The Director of the Division of Local Government Services shall release Local Finance Notices setting forth any changes to the uniform domestic violence policy, as changes occur.
The commission may subpena and require the attendance of witnesses in this State and the production of evidence or documents relevant to any proceeding under this title. Those persons may also administer oaths and take testimony. Subpenas issued under this section shall be enforceable by order of the Superior Court.
In addition to other powers and duties vested in the commission by this title or any other law, the commission:
a. (Deleted by amendment, P.L.2008, c.29);
b. May appoint employees necessary to enforce or implement the provisions of this title. All employees of the commission whose principal duties relate to the enforcement or implementation of this title shall be confidential employees for the purposes of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.);
c. Shall maintain a management information system necessary to carry out the provisions of this title;
d. Shall have the authority to audit payrolls, reports or transactions for conformity with the provisions of this title;
e. Shall plan, evaluate, administer and implement personnel programs and policies in State government and political subdivisions operating under this title;
f. Shall establish and supervise the selection process and employee performance evaluation procedures;
g. (Deleted by amendment, P.L.2008, c.29);
h. Shall set standards and procedures for review and render the final administrative decision on a written record or after recommendation by an independent reviewer assigned by the commission from classification, salary, layoff rights and in the State service noncontractual grievances;
i. May establish pilot programs and other projects for a maximum of one year outside of the provisions of this title;
j. Shall provide for a public employee interchange program pursuant to the "Government Employee Interchange Act of 1967," P.L.1967, c.77 (C.52:14-6.10 et seq.) and may provide for an employee interchange program between public and private sector employees;
k. (Deleted by amendment, P.L.2008, c.29);
l. (Deleted by amendment, P.L.2008, c.29);
m. Shall establish and consult with advisory boards representing political subdivisions, personnel officers, labor organizations and other appropriate groups;
n. Shall make an annual report to the Governor and Legislature and all other special or periodic reports as may be required. The annual report shall indicate the number of persons, by title, who, on March 31, June 30, September 30, and December 31 of each year, held appointments to positions in the senior executive service and the number of noncareer employees by title, who, on those same dates, held appointments in positions in the senior executive service;
o. Shall have the authority to assess costs for special or other services;
p. (Deleted by amendment, P.L.2008, c.29); and
q. Shall, pursuant to P.L.2019, c.346 (C.11A:3-4.1 et al.), promulgate standardized recordkeeping and record retention requirements concerning the recruitment, selection, hiring, and employment records of persons in the State unclassified service.
(1) Correction officer recruit shall be retitled as correctional police officer;
(2) Senior correction officer shall be retitled as senior correctional police officer;
(3) Correction sergeant shall be retitled as correctional police sergeant;
(4) Correction lieutenant shall be retitled as correctional police lieutenant;
(5) Correction captain shall be retitled as correctional police captain;
(6) Director of custody operations shall be retitled as correctional police chief;
(7) Correction officer apprentice shall be retitled as correctional police officer apprentice; and
(8) Correction major shall be retitled as correctional police major.
b. The title changes provided under this section shall apply to all corrections officers employed by the New Jersey Department of Corrections and the Youth Justice Commission.
c. Any fees associated with the retitling pursuant to subsection a. of this section shall be borne by the corrections officer whose title is changed.
The commission may delegate to an appointing authority the responsibility for classifying positions, administering examinations and other technical personnel functions according to prescribed standards, but the commission may not delegate any function of the commission.
This delegation shall be written and shall conform to the provisions of this title. The commission may assign staff of the commission to an appointing authority to assist the appointing authority in its delegated personnel duties. The employees shall continue as employees of the commission. All delegation shall be subject to supervision by the commission and post-audit and may be cancelled, modified or limited at any time by the commission. Such delegation is to be performed in consultation with the advisory board representing political subdivisions, and approved by an affected appointing authority when the delegation requires substantial costs. The commission, in consultation with the advisory board representing political subdivisions, shall adopt rules to define substantial costs.
Except as otherwise provided herein, before any disciplinary action in subsection a.(1), (2) and (3) of N.J.S.11A:2-6 is taken against a permanent employee in the career service or a person serving a working test period, the employee shall be notified in writing and shall have the opportunity for a hearing before the appointing authority or its designated representative. The hearing shall be held within 30 days of the notice of disciplinary action unless waived by the employee. Both parties may consent to an adjournment to a later date.
When the State of New Jersey and the majority representative have agreed pursuant to the New Jersey Employer-Employee Relations Act, section 7 of P.L.1968, c.303 (C.34:13A-5.3), to a procedure for appointing authority review before disciplinary action in subsection a.(1), (2) and (3) of N.J.S.11A:2-6, which would be otherwise appealable to the Civil Service Commission under N.J.S.11A:2-14, is taken against a permanent employee in the career service or a person serving a working test period, such procedure shall be the exclusive procedure for review before the appointing authority.
This section shall not prohibit the immediate suspension of an employee without a hearing if the appointing authority determines that the employee is unfit for duty or is a hazard to any person if allowed to remain on the job or that an immediate suspension is necessary to maintain safety, health, order or effective direction of public services. In addition, where a suspension is based on a formal charge of a crime of the first, second or third degree, or a crime of the fourth degree if committed on the job or directly related to the job, the suspension may be immediate and continue until a disposition of the charge. The Civil Service Commission shall establish, by rule, procedures for hearings and suspensions with or without pay.
Except as otherwise provided herein, within 20 days of the hearing provided in N.J.S.11A:2-13, the appointing authority shall make a final disposition of the charges against the employee and shall furnish the employee with written notice. If the appointing authority determines that the employee is to be removed, demoted or receive a suspension or a fine greater than five days, the employee shall have a right to appeal to the Civil Service Commission. The suspension or fine of an employee for five days or less shall be appealable if an employee's aggregate number of days suspended or fined in any one calendar year is 15 days or more. Where an employee receives more than three suspensions or fines of five or less days in a calendar year, the last suspension or fine is appealable.
When the State of New Jersey and the majority representative have agreed pursuant to the New Jersey Employer-Employee Relations Act, section 7 of P.L.1968, c.303 (C.34:13A-5.3), to a disciplinary review procedure that provides for binding arbitration of disputes involving disciplinary action in subsection a.(1), (2) and (3) of N.J.S.11A:2-6, which would be otherwise appealable to the Civil Service Commission under N.J.S.11A:2-14, being taken against a permanent employee in the career service or a person serving a working test period, such procedure shall be the exclusive procedure for any appeal of such disciplinary action.
Any appeal from adverse actions specified in N.J.S.11A:2-13 and subsection a.(4) of N.J.S.11A:2-6 shall be made in writing to the Civil Service Commission no later than 20 days from receipt of the final written determination of the appointing authority. If the appointing authority fails to provide a written determination, an appeal may be made directly to the Civil Service Commission within reasonable time.
If a State employee receives a suspension or fine of five days or less, the employee may request review by the Civil Service Commission under standards and procedures established by the Civil Service Commission or appeal pursuant to an alternate appeal procedure where provided by a negotiated contract provision. If an employee of a political subdivision receives a suspension or fine of five days or less, the employee may request review under standards and procedures established by the political subdivision or appeal pursuant to an alternate appeal procedure where provided by a negotiated contract provision.
A person shall not be excused from testifying or producing evidence on the ground that the testimony or the evidence might tend to incriminate the person, but an answer shall not be used or admitted in any proceeding against the person, except in a prosecution for perjury. The foregoing use immunity shall not be granted without prior written approval by the Attorney General.
An employee may be represented at any hearing before an appointing authority or the Civil Service Commission by an attorney or authorized union representative.
The Civil Service Commission may increase or decrease the penalty imposed by the appointing authority, but removal shall not be substituted for a lesser penalty.
The Civil Service Commission shall establish by rule the general causes which constitute grounds for disciplinary action and the kinds of disciplinary action which may be taken by appointing authorities against permanent career service employees or those serving in their working test periods. Unless offered by the appointing authority and selected by an employee as a disciplinary option, a fine may only be imposed by an appointing authority as a form of restitution or in lieu of a suspension when a suspension would be detrimental to the public health, safety or welfare. When a fine is assessed, it may either be paid in a lump sum or deducted from the employee's salary over time as provided by Civil Service Commission rule. Except as provided for in N.J.S.11A:2-13, an appointing authority may not impose a suspension or fine greater than six months.
In categories listed in subsection a.(1), (2) and (3) of N.J.S. 11A:2-6, the employer shall have the burden of proof while in category (4), the employee shall have the burden of proof.
The Civil Service Commission may award back pay, benefits, seniority and reasonable attorney fees to an employee as provided by rule.
A person holding a position in the career service or senior executive service shall not directly or indirectly use or seek to use the position to control or affect the political action of another person or engage in political activity during working hours.
An appointing authority shall not take or threaten to take any action against an employee in the career, senior executive or unclassified service in retaliation for an employee's lawful disclosure of information on the violation of any law or rule, governmental mismanagement or abuse of authority. An employee who is the subject of a reprisal action by an appointing authority for the lawful disclosure of information may appeal such action to the Civil Service Commission.
b. The waiver of accumulated sick leave and seniority rights shall require the consent in writing of the receiving jurisdiction, the affected employee, and the commission.
c. The sending jurisdiction shall not pay supplemental compensation for accumulated sick leave to any law enforcement officer, county sheriff or corrections officer, approved for an intergovernmental transfer and shall certify, to the receiving jurisdiction and the commission, that no supplemental compensation was paid.
The Civil Service Commission shall assign and reassign titles among the career service, senior executive service and unclassified service. The commission shall:
a. Establish, administer, amend and continuously review a State classification plan governing all positions in State service and similar plans for political subdivisions;
b. Establish, consolidate and abolish titles;
c. Ensure the grouping in a single title of positions with similar qualifications, authority and responsibility;
d. Assign and reassign titles to appropriate positions; and
e. Provide a specification for each title.
The career service shall have two divisions, the competitive division and the noncompetitive division. The commission shall assign and reassign such titles to each division and may provide for movement, including promotion, of employees from one division to the other.
a. the importance of fairness and impartiality in State employment is recognized in Article VII, Section I, paragraph 2 of the New Jersey Constitution which provides that, "Appointments and promotions in the civil service of the State ... shall be made according to merit and fitness to be ascertained, as far as practicable, by examination, which, as far as practicable, shall be competitive...";
b. nevertheless, the framers recognized that appointments to certain types of employment are not readily made through a competitive examination process;
c. accordingly, in implementing the constitutional provision, the Legislature has provided in N.J.S.11A:3-2 that the career service shall have a competitive division and a noncompetitive division;
d. it was the purpose of the Legislature, in making this distinction, to provide for positions which cannot properly be tested for, such as lower-level jobs which do not require significant education or experience, to be filled without the need of competitive examination but with civil service protection for the employee;
e. however, recent published reports suggest that the purpose of the noncompetitive division has been subverted by the transfer into that division of titles which properly belong in the unclassified service or in the competitive division of the career service, and the making of appointments thereto;
f. the apparent reason for this misuse of the noncompetitive division is to protect political appointees prior to the beginning of a new administration; and
g. in order to prevent this abuse of the civil service system, there is need for a statutory prohibition on the movement of job titles and political appointees to the noncompetitive division of the career service during the final six months of the Governor's term in office.
A senior executive service shall be established in State government and include those positions having substantial managerial, policy influencing or policy executing responsibilities as determined by the Civil Service Commission. Titles included in a collective negotiations unit shall not be included in the senior executive service. The total number of senior executive service employees shall not exceed 1,200. The Civil Service Commission shall adopt rules providing for the selection, placement, transfer, development, compensation, separation and performance appraisal of senior executive service employees, and for the reinstatement of career service employees to the career service. The senior executive service shall not be subject to the provisions of this title unless otherwise specified. The senior executive service shall include noncareer and career service employees. The number of noncareer employees shall not exceed 15% of the entire senior executive service work force.
Where an employee holds permanent career service status in a position in a title that is assigned to the senior executive service, the employee, with appointing authority approval, shall be provided the option of joining the senior executive service. Permanent career service employees who opt not to join the senior executive service or who do not receive approval to join the senior executive service shall have the right to reinstatement to the career service to a level directly under the senior executive service. Permanent career service employees who join the senior executive service and who are later separated from the senior executive service shall have a right of reinstatement to the career service to a level held prior to entry in the senior executive service, unless the employee has been separated, after opportunity for hearing, from the senior executive service for reasons which constitute cause for removal from the career service.
The State unclassified service shall not be subject to the provisions of this title unless otherwise specified and shall include the following:
a. Appointments of the Governor;
b. Department heads and members of boards and commissions authorized by law;
c. Employees in the legislative branch of State government;
d. Heads of institutions;
e. Superintendents, teachers and instructors in the public schools, the agricultural experiment station and State institutions, where certified teachers are employed under the supervision of and qualified by the State Department of Education, and other institutions maintained wholly or in part by the State;
f. Physicians, surgeons and dentists;
g. Assistant and Deputy Attorneys General and legal assistants appointed by the Attorney General;
h. One secretary and one confidential assistant to each department head, board, principal executive officer and commission. Each certification and appointment hereunder shall be recorded in the minutes of the Civil Service Commission;
i. Employees in the military or naval service of the State;
j. Student assistants;
k. Domestic employees in the Governor's household; and
l. All other titles as provided by law or as the Civil Service Commission may determine.
b. A personnel form shall be completed and maintained for each unclassified State employee. At minimum, the personnel form shall include the following information:
(1) the name of the unclassified employee;
(2) the job title of unclassified employee;
(3) direct supervisor or manager;
(4) salary history;
(5) date of employment offer;
(6) date of hire;
(7) the individual authorizing the hire or change of employment status; and
(8) any notes on promotions, demotions, transfers, performance evaluations, disciplinary actions, and terminations.
Personnel forms shall be revised as needed to reflect any subsequent change or modification in the unclassified employee's employment status, salary, direct supervisor or manager, or legal name.
c. The recruitment, selection, hiring, and employment records of unclassified employees in any State agency shall be compiled by the human resources office, or an equivalent entity, of that State agency. Information from such records shall be provided to the Civil Service Commission upon request for recordkeeping and data collection purposes.
The political subdivision unclassified service shall not be subject to the provisions of this title unless otherwise specified and shall include the following:
a. Elected officials;
b. One secretary and one confidential assistant to each mayor;
c. Members of boards and commissions authorized by law;
d. Heads of institutions;
e. Physicians, surgeons and dentists;
f. Attorneys of a county, municipality or school district operating under this title;
g. Teaching staff, as defined in N.J.S.18A:1-1, in the public schools and county superintendents and members and business managers of boards of education;
h. Principal executive officers;
i. One secretary, clerk or executive director to each department, board and commission authorized by law to make the appointment;
j. One secretary or clerk to each county constitutional officer, principal executive officer, and judge;
k. One deputy or first assistant to a principal executive officer who is authorized by statute to act for and in place of the principal executive officer;
l. No more than 12 county department heads and the heads of divisions within such departments; provided that the total number of unclassified positions created by the county administrative code pursuant to this subsection shall not exceed 20;
m. One secretary or confidential assistant to each unclassified department or division head established in subsection l.;
n. Employees of county park commissions, appointed pursuant to R.S.40:37-96 through R.S.40:37-174, in counties of the second class;
o. Directors of free public libraries in cities of the first class having a population of more than 270,000 according to the 2010 federal decennial census;
p. One secretary to the municipal council in cities of the first class having a population of less than 300,000;
q. One secretary and one confidential aide for each member of the board of freeholders other than the director, and one secretary and two confidential aides for the freeholder director, of any county of the second class with a population of at least 470,000 which has not adopted the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.) and one secretary or confidential aide for each member of the board of freeholders of any other county which has not adopted the provisions of the "Optional County Charter Law";
r. In school districts organized pursuant to N.J.S.18A:17-1 et seq., the executive controller, public information officer and the executive directors of board affairs, personnel, budget, purchasing, physical facilities, data processing, financial affairs, and internal audit;
s. The executive director, assistant executive director, director of staff operations, director of administration, director of redevelopment and the urban initiatives coordinator of a local housing authority;
t. The sheriff's investigators of any county appointed pursuant to section 2 of P.L.1987, c.113 (C.40A:9-117a);
u. Any title as provided by statute or as the Civil Service Commission may determine in accordance with criteria established by rule;
v. One confidential aide for each county clerk, in addition to the titles included under subsection j. of this section; and
w. Two deputy municipal clerks in cities of the first class having a population of not less than 240,000 persons or more than 250,000 persons according to the 2000 federal decennial census.
Whenever the Civil Service Commission considers moving a title from the career service to the unclassified service, the Civil Service Commission shall first hold a public hearing before reaching a determination.
a. The commission shall administer an equitable State employee compensation plan which shall include pay schedules and standards and procedures for salary adjustments other than as provided for in the State compensation plan for the career, senior executive and unclassified services.
b. Prior to adoption or implementation of an amendment, change or modification to the compensation plan for State employees which amendment, change or modification affects public employees represented by a majority representative selected or designated pursuant to section 7 of P.L.1968, c.303 (C.34:13A-5.3), the State shall negotiate with the majority representative for an agreement on the amendment, change or modification to the compensation plan. The State shall negotiate in good faith with the majority representative. A State employee compensation plan shall not be amended, changed or modified except pursuant to a written agreement entered into between the State and the majority representative following negotiations.
c. When an employee has erroneously received a salary overpayment, the commission may waive repayment based on a review of the case.
d. Employees of political subdivisions are to be paid in reasonable relationship to titles and shall not be paid a base salary below the minimum or above the maximum established salary for an employee's title.
The commission may audit State payrolls and the payrolls of political subdivisions to determine compliance with this title. The commission may order and enforce immediate compliance as necessary.
The commission shall provide for:
a. The announcement and administration of examinations which shall test fairly the knowledge, skills and abilities required to satisfactorily perform the duties of a title or group of titles. The examinations may include, but are not limited to, written, oral, performance and evaluation of education and experience;
b. The rating of examinations;
c. The security of the examination process and appropriate sanctions for a breach of security;
d. The selection of special examiners to act as subject matter specialists or to provide other assistance. Employees of the State or political subdivisions may be so engaged as part of their official duties during normal working hours with the approval of their appointing authority. Extra compensation may be provided for such service outside normal working hours; and
e. The right to appeal adverse actions relating to the examination and appointment process, which shall include but not be limited to rejection of an application, failure of an examination and removal from an eligible list.
b. The commission shall establish a fee for each application for an open competitive or promotional examination for a law enforcement officer or firefighter title. The fee shall not exceed the cost of developing, procuring and administering the examination. Persons receiving public assistance benefits pursuant to P.L.1947, c.156 (C.44:8-107 et seq.), P.L.1973, c.256 (C.44:7-85 et seq.), or P.L.1997, c.38 (C.44:10-55 et seq.) shall not be required to pay this fee if they apply for an open competitive examination. Receipts derived from application fees established by this subsection shall be appropriated to the commission for use in developing, procuring and administering law enforcement officer and firefighter examinations.
c. In addition to the fees established in subsections a. and b. of this section, the commission shall establish a $15 fee for each application for an open competitive or promotional examination for a position in State service. Persons receiving public assistance benefits pursuant to P.L.1947, c.156 (C.44:8-107 et seq.), P.L.1973, c.256 (C.44:7-85 et seq.), or P.L.1997, c.38 (C.44:10-55 et seq.) shall not be required to pay this fee if they apply for an open competitive examination. Receipts derived from the application fee established pursuant to this subsection shall be appropriated annually to the commission for the costs of the displaced workers pool program. This fee shall not be assessed and collected unless the commission implements a displaced workers pool program. If the displaced workers pool program is terminated at any time by the commission, the assessment and collection of this additional fee shall also be terminated.
d. The commission shall establish a $20 fee for each appeal filed under the provisions of subsection a. or b. of N.J.S.11A:2-6, subsection e. of N.J.S.11A:4-1, N.J.S.11A:8-4, and the rules promulgated thereunder. Persons who are receiving public assistance benefits pursuant to P.L.1947, c.156 (C.44:8-107 et seq.), P.L.1973, c.256 (C.44:7-85 et seq.), or P.L.1997, c.38 (C.44:10-55 et seq.), or persons who are veterans, shall not be required to pay this fee.
(1) Any person employed under the provisions of this section shall enroll in a training course approved by the New Jersey Police Training Commission, and such person shall be entitled to a leave of absence with pay during the period of the training course.
(2) Upon successful completion of the training course, any person employed under the provisions of this section shall be appointed from a temporary to a permanent entry-level law enforcement police officer, from a temporary sheriff's officer, or temporary entry-level State or county correctional police officer to a permanent entry-level law enforcement officer, entry-level sheriff's officer, or permanent entry-level State or county correctional police officer, as appropriate.
b. (Deleted by amendment, P.L.2021, c.406)
c. (1) A municipal or county police department may hire a person, exempt from the requirement to take an examination for an entry-level law enforcement officer position pursuant to subsection a. of this section, upon adoption of an ordinance or resolution by the governing body authorizing such hiring by the police department and the adoption of a conflict of interest and nepotism policy.
(2) A county sheriff's department may hire a person, exempt from the requirement to take an examination for an entry-level sheriff's officer position pursuant to subsection a. of this section, upon the adoption by the county sheriff of a conflict of interest and nepotism policy.
(3) A county correctional facility, except one under the control or supervision of a county sheriff, may hire a person, exempt from the requirement to take an examination for an entry-level county correctional police officer position pursuant to subsection a. of this section, upon adoption of an ordinance or a resolution by the governing body authorizing such hiring by the county correctional facility and the adoption of a conflict of interest and nepotism policy. A county correctional facility that is under the control or supervision of a county sheriff may hire a person, exempt from the requirement to take an examination for an entry-level county correctional police officer position pursuant to subsection a. of this section, upon the adoption by the county sheriff of a conflict of interest and nepotism policy, without the need for an ordinance or a resolution by the governing body.
(4) A State correctional facility or department may hire a person, exempt from the requirement to take an examination for an entry-level State correctional police officer position pursuant to subsection a. of this section, upon authorization of the Commissioner of Corrections.
d. Permanent entry-level officers and entry-level officers serving in a working test period who are employed by a municipal or county police department, county sheriff's department, or State or county correctional facility shall not be appointed by a different municipal or county police department, county sheriff's department, or State or county correctional facility utilizing the provisions of this section and municipal or county police departments, county sheriff's departments, or State or county correctional facilities may not utilize the provisions of this section to circumvent the intergovernmental transfer process regulations established by the Civil Service Commission for officers which requires written authorization from the departing authority, including, but not limited to, the New Jersey Department of Corrections.
e. The starting salary of a State correctional police officer shall be not less than $48,000. Adjustments shall be made to the remaining steps in the salary scale of a State correctional police officer.
f. The Civil Service Commission shall promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations and establish administrative processes that are reasonable, necessary, and consistent with the provisions of this section.
g. A sheriff's investigator in a sheriff's department shall be eligible for appointment in accordance with this section through transfer to a sheriff's officer position in that same department provided that:
(1) the investigator has completed at least one year in the position of sheriff's investigator in that sheriff's department or has served at least one year as a police officer or sheriff's officer in a municipal or county police or sheriff's department in this State; and
(2) the sheriff's investigator is not over 35 years of age at the time of initial appointment in accordance with this section to the sheriff's officer position.
Beginning on January 1, 2023, a sheriff shall not appoint sheriff's investigators in accordance with this section to more than 50 percent of open sheriff's officer positions in any calendar year.
b. The database shall be considered confidential and shall be used only by the commission and participating law enforcement agencies across the State. The database shall not be subject to public access, inspection, or copying pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.).
c. (1) The information maintained in the database shall be determined by the commission, in consultation with various national and State law enforcement organizations, and shall include:
(a) all background information received from all candidates; and
(b) threshold decisions made for selection or disqualification of candidates by law enforcement agencies.
(2) The information maintained in the database shall exclude personal identifying information of candidates to prevent compromising personal privacy and security and to ensure a non-biased selection process.
d. The commission, in consultation with various national and State law enforcement organizations, shall develop universal guidelines and best practices for background investigations relating to threshold decisions for removal from the candidate list. The guidelines and best practices shall include training for background investigations to better understand the challenges underrepresented groups disproportionately face to prevent a failure to adequately account for such challenges during the selection or disqualification process.
e. The commission, in consultation with various national and State law enforcement organizations, local appointing authorities, and applicable employee collective negotiations agents, shall establish a universal background application to be utilized in the hiring process for police officers by all law enforcement agencies. The universal application shall be used to provide the information contained in the database established pursuant to subsection a. of this section.
f. The Chair of the Civil Service Commission may adopt rules and regulations to effectuate the provisions of P.L.2021, c.236 (C.11A:4-1.4 et seq.). The rules and regulations shall be effective immediately upon filing with the Office of Administrative Law for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
g. As used in this section:
"Law enforcement agency" means and includes any county or municipal police department. "National and State law enforcement organizations" means organizations such as the National Organization of Black Law Enforcement Executives (NOBLE), the New Jersey chapter of NOBLE, and the Hispanic American Law Enforcement Association.
"Personal identifying information" means information that may be used, alone or in conjunction with any other information, to identify a specific individual and includes, but is not limited to, the name, address, e-mail address, social media address, telephone number, fax number, date of birth, social security number, driver's license number, official State issued identification number, employer or taxpayer number, place of employment, telephone number of employment, employee identification number, school address, school phone number, student identification number, mother's maiden name, unique biometric data, such as fingerprint, voice print, retina, or iris image, or other unique physical representation, unique electronic identification number, medical diagnoses, treatments, or other medical information concerning an identifiable person.
A vacancy shall be filled by a promotional examination when considered by the commission to be in the best interest of the career service.
If it appears that an eligible list is not likely to provide full certification for existing or anticipated vacancies from among qualified residents of this State, or of political subdivisions where required by law, the commission may admit other qualified nonresident applicants. Where residency preference is provided pursuant to any other statute, the commission may limit applicants to such classes as are necessary to establish a sufficient pool of eligibles.
The commission shall provide for:
a. The establishment and cancellation of eligible lists;
b. The certification of an eligible list to positions in other appropriate titles; and
c. The consolidation of eligible lists which may include, but is not limited to, the combining of names of eligibles by scores.
Once the examination process has been initiated due to the appointment of a provisional or an appointing authority's request for a list to fill a vacancy, the affected appointing authority shall be required to make appointments from the list if there is a complete certification, unless otherwise permitted by the commission for valid reason such as fiscal constraints. If the commission permits an appointing authority to leave a position vacant in the face of a complete list, the commission may order the appointing authority to reimburse the commission for the costs of the selection process.
The commission shall set the duration of an eligible list, which shall not be more than three years from the date of its establishment, except that it may be extended by the commission for good cause and a list shall not have a duration of more than four years. Notwithstanding the duration of a list, the commission may revive a list to implement a court order or decision of the commission in the event of a successful appeal instituted during the life of the list or to correct an administrative error. The commission may revive a list to effect the appointment of an eligible whose working test period was terminated by a layoff.
Notwithstanding the provisions of N.J.S. 11A:4-6, a special reemployment list, a police reemployment list and a fire reemployment list shall have unlimited duration.
The commission shall certify the three eligibles who have received the highest ranking on an open competitive or promotional list against the first provisional or vacancy. For each additional provisional or vacancy against whom a certification is issued at that time, the commission shall certify the next ranked eligible. If more than one eligible has the same score, the tie shall not be broken and they shall have the same rank. If three or more eligibles can be certified as the result of the ranking without resorting to all three highest scores, only those eligibles shall be so certified.
A certification that contains the names of at least three interested eligibles shall be complete and a regular appointment shall be made from among those eligibles. An eligible on an incomplete list shall be entitled to a provisional appointment if a permanent appointment is not made.
Eligibles on any type of reemployment list shall be certified and appointed in the order of their ranking and the certification shall not be considered incomplete.
The commission may establish the following types of eligible lists:
a. Open competitive, which shall include all qualified eligibles without regard to whether they are currently employed by the State or a political subdivision;
b. Promotional, which shall include qualified permanent eligibles;
c. Regular reemployment, which shall include former permanent employees who resigned in good standing and whose reemployment is certified by the appointing authority as in the best interest of the service. The name of any such employee shall not remain on a reemployment list for more than three years from the date of resignation, unless otherwise extended pursuant to N.J.S.11A:4-6;
d. Police, sheriff's officer, or fire reemployment, which shall include former permanent uniformed members of a police department, sheriff's office, or fire department who have resigned in good standing and whose reemployment is certified by the appointing authority as in the best interest of the service; and
e. Special reemployment, which shall include permanent employees laid off or demoted in lieu of layoff from permanent titles.
Eligibles may be questioned as to criminal convictions and pending criminal charges. Eligibles for a law enforcement, fire fighter or correction officer title may also be questioned as to any arrest.
Upon the request of an appointing authority, the commission may remove an eligible with a criminal record from a list when the criminal record includes a conviction for a crime which adversely relates to the employment sought. The following factors may be considered in such determination:
a. Nature and seriousness of the crime;
b. Circumstances under which the crime occurred;
c. Date of the crime and age of the eligible when the crime was committed;
d. Whether the crime was an isolated event; and
e. Evidence of rehabilitation.
The presentation to an appointing authority of a pardon or expungement shall prohibit an appointing authority from rejecting an eligible based on such criminal conviction, except for law enforcement, fire fighter or correction officer and other titles as determined by the commission.
When more than one list exists, the priority of lists shall be as follows:
a. Special reemployment when the available position is in the department from which the eligible was laid off or demoted in lieu of layoff;
b. Promotional;
c. Special reemployment when the available position is located in a department other than that from which the eligible was laid off or demoted;
d. Regular reemployment, police reemployment or fire reemployment; and
e. Open competitive.
The commission shall provide for the following types of appointment:
a. Regular appointments shall be to a title in the competitive division of the career service upon examination and certification or to a title in the noncompetitive division of the career service upon appointment. The appointments shall be permanent after satisfactory completion of a working test period;
b. Provisional appointments shall be made only in the competitive division of the career service and only in the absence of a complete certification, if the appointing authority certifies that in each individual case the appointee meets the minimum qualifications for the title at the time of appointment and that failure to make a provisional appointment will seriously impair the work of the appointing authority. In no case shall any provisional appointment exceed a period of 12 months;
c. Temporary appointments may be made, without regard to the provisions of this chapter, to temporary positions established for a period aggregating not more than six months in a 12-month period as approved by the commission. These positions include, but are not limited to, seasonal positions. Positions established as a result of a short-term grant may be established for a maximum of 12 months. Appointees to temporary positions shall meet the minimum qualifications of a title;
d. Emergency appointments shall not exceed 30 days and shall only be permitted where nonappointment will result in harm to persons or property;
e. Senior executive service appointments shall be made pursuant to N.J.S.11A:3-3; and
f. Unclassified appointments shall be made pursuant to N.J.S.11A:3-4 and N.J.S.11A:3-5.
The commission shall establish the minimum qualifications for promotion and shall provide for the granting of credit for performance and seniority where appropriate.
The purpose of the working test period is to permit an appointing authority to determine whether an employee satisfactorily performs the duties of a title. A working test period is part of the examination process which shall be served in the title to which the certification was issued and appointment made. The commission shall provide for:
a. A working test period following regular appointment of four months, which may be extended to six months at the discretion of the commission, except that the working test period for entry level law enforcement, correction officer, and firefighter titles shall be 12 months;
b. Progress reports to be made by the appointing authority and provided to the employee at such times during the working test period as provided by rules of the commission and a final progress report at the end of the entire working test period shall be provided to the employee and the commission;
c. Termination of an employee at the end of the working test period and termination of an employee for cause during the working test period; and
d. The retention of permanent status in the lower title by a promoted employee during the working test period in the higher title and the right to return to such permanent title if the employee does not satisfactorily complete the working test period, but employees removed for cause during a working test period shall not be so returned.
The rules of the Civil Service Commission shall define and establish the procedures for transfer, reassignment and lateral title change. Employees shall be granted no less than 30 days' notice of transfer, except with employee consent or under emergent circumstances as established by rules of the Civil Service Commission. The commission shall provide for relocation assistance for State employees who are transferred or reassigned to a new work location due to a phasedown or closing of a State operation, subject to available appropriations. Transfers, reassignments, or lateral title changes shall not be utilized as part of a disciplinary action, except following an opportunity for hearing. Nothing herein shall prohibit transfers, reassignments, or lateral title changes made in good faith. The burden of proof demonstrating lack of good faith shall be on the employee.
As used in this chapter:
a. "Disabled veteran" means any veteran who is eligible to be compensated for a service-connected disability from war service by the United States Veterans Administration or who receives or is entitled to receive equivalent compensation for a service-connected disability which arises out of military or naval service as set forth in this chapter and who has submitted sufficient evidence of the record of disability incurred in the line of duty to the Adjutant General of the Department of Military and Veterans' Affairs and received a determination of status no later than eight days prior to the issuance of an employment list, for which that individual received a passing score on an examination;
b. "Veteran" means any honorably discharged soldier, sailor, marine or nurse who served in any army or navy of the allies of the United States in World War I, between July 14, 1914 and November 11, 1918, or who served in any army or navy of the allies of the United States in World War II, between September 1, 1939 and September 2, 1945 and who was inducted into that service through voluntary enlistment, and was a citizen of the United States at the time of the enlistment, and who did not renounce or lose his or her United States citizenship; or any soldier, sailor, marine, airman, nurse or army field clerk who has served in the active military or naval service of the United States and has been discharged or released under other than dishonorable conditions from that service in any of the following wars or conflicts and who has presented to the Adjutant General of the Department of Military and Veterans' Affairs sufficient evidence of the record of service and received a determination of status no later than eight days prior to the issuance of an employment list, for which that individual received a passing score on an examination:
(1) World War I, between April 6, 1917 and November 11, 1918;
(2) World War II, on or after September 16, 1940, who shall have served at least 90 days beginning on or before December 31, 1946 in such active service, exclusive of any period of assignment for a course of education or training under the Army Specialized Training Program or the Navy College Training Program, which course was a continuation of a civilian course and was pursued to completion, or as a cadet or midshipman at one of the service academies; except that any person receiving an actual service-incurred injury or disability shall be classed a veteran whether or not that person has completed the 90-day service;
(3) Korean conflict, on or after June 23, 1950, who shall have served at least 90 days beginning on or before January 31, 1955 in active service, exclusive of any period of assignment for a course of education or training under the Army Specialized Training Program or the Navy College Training Program, which course was a continuation of a civilian course and was pursued to completion, or as a cadet or midshipman at one of the service academies; except that any person receiving an actual service-incurred injury or disability shall be classed as a veteran, whether or not that person has completed the 90-day service;
(4) Lebanon crisis, on or after July 1, 1958, who has served in Lebanon or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least 14 days commencing on or before November 1, 1958 or the date of termination of that conflict, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;
(5) Vietnam conflict, on or after December 31, 1960, who shall have served at least 90 days beginning on or before May 7, 1975 in active service, exclusive of any period of assignment for a course of education or training under the Army Specialized Training Program or the Navy College Training Program, which course was a continuation of a civilian course and was pursued to completion, or as a cadet or midshipman at one of the service academies, and exclusive of any service performed pursuant to the provisions of section 511(d) of Title 10, United States Code, or exclusive of any service performed pursuant to enlistment in the National Guard or the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve; except that any person receiving an actual service-incurred injury or disability shall be classed as a veteran, whether or not that person has completed the 90-day service as provided;
(6) Lebanon peacekeeping mission, on or after September 26, 1982, who has served in Lebanon or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least 14 days commencing on or before December 1, 1987 or the date of termination of that mission, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;
(7) Grenada peacekeeping mission, on or after October 23, 1983, who has served in Grenada or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least 14 days commencing on or before November 21, 1983 or the date of termination of that mission, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;
(8) Panama peacekeeping mission, on or after December 20, 1989 or the date of inception of that mission, as proclaimed by the President of the United States or Congress, whichever date of inception is earliest, who has served in Panama or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least 14 days commencing on or before January 31, 1990 or the date of termination of that mission, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;
(9) Operation "Desert Shield/Desert Storm" mission in the Arabian peninsula and the Persian Gulf, on or after August 2, 1990 or the date of inception of that operation, as proclaimed by the President of the United States or Congress, whichever date of inception is earliest, who has served in the Arabian peninsula or on board any ship actively engaged in patrolling the Persian Gulf for a period, continuous or in the aggregate, of at least 14 days commencing on or before the date of termination of that mission, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;
(10) Operation Northern Watch and Operation Southern Watch, on or after August 27, 1992 or the date of inception of that operation, as proclaimed by the President of the United States, Congress or United States Secretary of Defense, whichever date of inception is earliest, who served in the theater of operation, including in the Arabian peninsula and the Persian Gulf, and in direct support of that operation for a period, continuously or in the aggregate, of at least 14 days in such active service commencing on or before the date of termination of that operation, as proclaimed by the President of the United States, Congress or United States Secretary of Defense, whichever date of termination is the latest; provided that any person receiving an actual service-incurred injury or disability while engaged in such service shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;
(11) Operation "Restore Hope" in Somalia, on or after December 5, 1992 or the date of inception of that operation as proclaimed by the President of the United States or the Congress, whichever date is earliest, who has served in Somalia or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuously or in the aggregate, of at least 14 days in such active service commencing on or before March 31, 1994; provided that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14-day service as herein provided;
(12) Operations "Joint Endeavor" and "Joint Guard" in the Republic of Bosnia and Herzegovina, on or after November 20, 1995, who served in such active service in direct support of one or both of the operations for at least 14 days, continuously or in the aggregate, commencing on or before June 20, 1998, and (1) was deployed in that nation or in another area in the region, or (2) was on board a United States naval vessel operating in the Adriatic Sea, or (3) operated in airspace above the Republic of Bosnia and Herzegovina; provided that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person completed the 14-day service requirement;
(13) Operation "Uphold Democracy" in Haiti, on or after September 19, 1994, who served in Haiti or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuously or in the aggregate, of at least 14 days in such active service commencing on or before March 31, 1995 and who received an Armed Forces Expeditionary Medal for such service; provided that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided or received an Armed Forces Expeditionary Medal;
(14) Operation "Enduring Freedom", on or after September 11, 2001, who served in a theater of operation and in direct support of that operation for a period, continuously or in the aggregate, of at least 14 days in such active service commencing on or before the date the President of the United States or the United States Secretary of Defense designates as the termination date of that operation; provided that any person receiving an actual service-incurred injury or disability while engaged in such service shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;
(15) Operation "Iraqi Freedom", on or after the date the President of the United States or the United States Secretary of Defense designates as the inception date of that operation, who served in Iraq or in another area in the region in direct support of that operation for a period, continuously or in the aggregate, of at least 14 days in such active service commencing on or before the date the President of the United States or the United States Secretary of Defense designates as the termination date of that operation; provided that any person receiving an actual service-incurred injury or disability while engaged in such service shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided; and
(16) In a campaign or expedition for which a medal has been authorized and recognized by the Veterans' Preference Act of 1944, as amended and codified under Title 5, United States Code, for civil service preference and which has been awarded to the veteran.
c. "War service" means service by a veteran in any war or conflict described in this chapter during the periods specified.
b. A person seeking to be considered a "veteran" or a "disabled veteran" under N.J.S.11A:5-1, for the purpose of receiving civil service preference, who has not yet been issued Form DD-214 as proof of military service may submit, in lieu thereof, an official certification or verification of military service statement or letter that provides the date of entry into military service, the estimated date of discharge or release, the character of the discharge, and such other information as the Adjutant General shall require. The Adjutant General shall specify the form, content, and source for an official certification or verification of military service statement or letter based on such statements or letters that are approved and provided by the federal military authorities.
The person shall submit to the Adjutant General the Form DD-214 no later than 30 days from the date the person receives the form. If a copy is not provided, the prior determination of veteran status shall be revoked.
The spouse of any disabled veteran is eligible to receive disabled veterans' preference under this chapter, if that veteran is not in the service of the State or any political subdivision which operates under this title and the veteran officially waives, if able to do so, any right to preference for the duration of the spouse's employment.
The surviving spouse of any disabled veteran or veteran shall be entitled to receive the same preference under this chapter to which the disabled veteran or deceased veteran would have been entitled to if still living. The preference shall terminate upon the remarriage of the surviving spouse.
A parent and spouse of any veteran who died while in service and who would have qualified under this chapter as a veteran, shall be entitled to a disabled veterans' preference. Where both a parent and spouse survive, the exercise of the preference by one shall suspend the right of any other so long as the first individual who exercises preference remains in the employ of the State or any political subdivision operating under the provisions of this title.
The names of disabled veterans who receive passing scores on open competitive examinations shall be placed at the top of the employment list in the order of their respective final scores.
The names of veterans who receive passing scores on open competitive examinations shall be placed on the employment list in order of their respective scores immediately after disabled veterans.
Whenever a disabled veteran or veteran shall be certified to an appointing authority from an open competitive employment list under the provisions of N.J.S. 11A:4-8, the appointing authority shall appoint the disabled veteran or veteran in the order of ranking.
b. Upon returning from military leave, if the person receives status as a veteran as defined in N.J.S.11A:5-1, he or she shall receive veteran status for the purposes of subsection a. of this section if a list is generated after the person is granted veteran status.
c. Any person meeting the requirements of subsection a. of this section who met the maximum age requirement for appointment as a member or officer of the police department or force in a municipality established by N.J.S.40A:14-127 at the announced closing date of the civil service examination from which the first list of eligibles is or was compiled shall be deemed to have met that maximum age requirement on the date on which the person's name is placed on a subsequent eligible list pursuant to subsection a. of this section.
Nothing contained in N.J.S. 11A:5-4 through 11A:5-6 shall apply to promotions, but whenever a veteran ranks highest on a promotional certification, a nonveteran shall not be appointed unless the appointing authority shall show cause before the board why a veteran should not receive such promotion.
From among those eligible for appointment in the noncompetitive division, preference shall be given to a qualified veteran. Before an appointing authority shall select a nonveteran and not appoint a qualified veteran, the appointing authority shall show cause before the Civil Service Commission why a veteran should not be appointed. In all cases, a disabled veteran shall have preference over all others.
When a layoff occurs, preference shall be given first to a disabled veteran and then to a veteran; but the preference shall apply only where the disabled veteran or veteran has seniority in title equal to that of a nonveteran also affected by the layoff.
Before any department head shall dismiss any veteran, as provided in N.J.S.11A:5-9, such department head shall show cause before the Civil Service Commission why such veteran should not be retained, at which time such veteran or veterans may be privileged to attend. The Civil Service Commission shall be the sole judge of the facts constituting such qualification.
A veteran with any physical disability caused by wounds or injuries received in the line of duty in the military or naval forces of the United States during war service set forth in N.J.S.11A:5-1 shall not be discriminated against in an examination, classification or appointment because of the disability, unless this disability, in the opinion of the Civil Service Commission, would incapacitate the veteran from properly performing the duties of the office, position or employment for which applied.
Any individual who has served in the Army, Air Force, Navy, or Marine Corps of the United States and who has been awarded the Medal of Honor, the Distinguished Service Cross, Air Force Cross or Navy Cross, while a resident of this State, and any individual who has served in the United States Coast Guard and who has been awarded the Medal of Honor or the Navy Cross while a resident of this State, shall be appointed or promoted without complying with the rules of the Civil Service Commission. The appointing authority to whom the individual applies for appointment or promotion shall, at its discretion, appoint or promote that person. Upon promotion or appointment, that person shall become subject to the rules of the Civil Service Commission. A person who qualifies under this section shall not be limited to only one appointment or promotion.
A soldier who served in the Army of the United States during the war between the United States and Germany, who holds the French Medaille Militaire, the Croix de Guerre with Palm, Croix de Guerre with Silver Star, Croix de Guerre with Bronze Star and who was on March 26, 1926, employed by any county, municipality or school district operating under the provisions of this title shall be eligible for promotion without complying with any of the rules or regulations of the Civil Service Commission. The head, or person in charge of the office in which the person is employed, may promote such employee for the good of the service as may in his judgment seem proper.
A member of the police or fire department in a city of the first class who is a veteran shall be entitled to be admitted to the examination for promotion to a superior rank and upon successfully passing such examination shall be entitled to appointment in such superior rank, notwithstanding the fact that such person may not have held the position or rank held or occupied by him at the time of taking the examination for a period of two years, if the employee has or shall have held or occupied the same for a period of one year.
The Civil Service Commission may promulgate rules for the proper administration and enforcement of this chapter.
Nothing herein contained shall be construed to amend, modify or supersede N.J.S.40A:14-25, N.J.S.40A:14-115 or N.J.S.40A:14-143.
The Civil Service Commission shall designate the types of leaves and adopt rules for State employees in the career and senior executive services regarding procedures for sick leave, vacation leave and other designated leaves with or without pay as the Civil Service Commission may designate. Any political subdivision subject to the provisions of this title shall prepare procedures regarding these items.
In all cases, a leave of absence with or without pay shall not exceed a period of one year at any one time unless renewal or extension is granted upon written approval of the commission.
Vacation leave; full-time State employees. Vacation leave for full-time State employees in the career and senior executive service shall be at least:
a. Up to one year of service, one working day for each month of service;
b. After one year and up to five years of continuous service, 12 working days;
c. After five years and up to 12 years of continuous service, 15 working days;
d. After 12 years and up to 20 years of continuous service, 20 working days;
e. Over 20 years of continuous service, 25 working days;
f. Vacation not taken in a given year because of business demands shall accumulate and be granted during the next succeeding year only; except that vacation leave not taken by an employee in the career and senior executive service in a given year because of duties directly related to a state of emergency declared by the Governor shall accumulate until, pursuant to a plan established by the employee's appointing authority and approved by the commission, the leave is used or the employee is compensated for that leave, which shall not be subject to collective negotiation or collective bargaining; and
g. Vacation not taken in a given year because of business demands shall accumulate and be granted during the next succeeding year only; except that vacation leave not taken by an employee in the unclassified service in a given year because of duties directly related to a state of emergency declared by the Governor shall accumulate until, pursuant to a plan established by the employee's appointing authority and approved by the commission, the leave is used or the employee is compensated for that leave, which shall not be subject to collective negotiation or collective bargaining. Nothing in this subsection shall affect any rights to vacation leave which is subject to collective negotiation or collective bargaining.
Vacation leave for full-time political subdivision employees shall be at least:
a. Up to one year of service, one working day for each month of service;
b. After one year and up to 10 years of continuous service, 12 working days;
c. After 10 years and up to 20 years of continuous service, 15 working days;
d. After 20 years of continuous service, 20 working days; and
e. Vacation not taken in a given year because of business demands shall accumulate and be granted during the next succeeding year only; except that vacation leave not taken in a given year because of duties directly related to a state of emergency declared by the Governor may accumulate at the discretion of the appointing authority until, pursuant to a plan established by the employee's appointing authority and approved by the commission, the leave is used or the employee is compensated for that leave, which shall not be subject to collective negotiation or collective bargaining
The estate of a deceased employee covered by this title who had accumulated annual vacation leave shall be paid a sum equal to the compensation for that vacation leave.
Full-time State and political subdivision employees shall receive a sick leave credit of no less than one working day for each completed month of service during the remainder of the first calendar year of service and 15 working days in every year thereafter. Unused sick leave shall accumulate without limit.
(1) has completed at least one year of continuous State service;
(2) has exhausted all accrued sick, vacation, and administrative leave, all sick leave injury benefits, if any, and all compensatory time off;
(3) has not, in the two-year period immediately preceding the employee's need for donated leave, been disciplined for chronic or excessive absenteeism, chronic or excessive lateness, or abuse of leave; and
(4) meets one of the following criteria:
(a) suffers from a catastrophic health condition or injury;
(b) is needed to provide care to a member of the employee's immediate family who is suffering from a catastrophic health condition or injury;
(c) requires absence from work due to the donation of an organ, including, but not limited to, the donation of bone marrow; or
(d) requires absence from work during a period of disability due to the pregnancy of the employee which requires the care of a physician who provides a medical verification of the need for the employee's absence from work for 30 or more work days, regardless of whether the absence from work commences before the expected delivery date or after the actual delivery date.
b. A State employee may request that the appointing authority approve the employee's participation in the program, as a leave recipient or leave donor. The employee's supervisor may make a request on behalf of the employee for the employee's participation in the program as a leave recipient. The employee or supervisor requesting the employee's acceptance as a leave recipient shall submit to the appointing authority medical verification from a physician or other licensed health care provider concerning the nature and anticipated duration of the disability resulting from either the catastrophic health condition or injury, the donation of an organ, or pregnancy, as the case may be. When the appointing authority has approved an employee as a leave recipient, the appointing authority shall, with the employee's consent, or the consent of the employee's family if the employee is unable to consent, post or circulate the employee's name along with those of other eligible employees in a conspicuous manner to encourage the donation of leave time, and shall provide notice to all negotiations representatives in that appointing authority.
c. A leave recipient shall receive at least five sick days or vacation days or a combination thereof from one or more leave donors to participate in the donated leave program. A leave recipient shall receive no more than 260 sick days or vacation days, and shall not receive any days on a retroactive basis. A leave donor shall donate only whole sick days or whole vacation days and may not donate more than 30 such days to any one recipient. A leave donor shall have remaining at least 20 days of accrued sick leave if donating sick leave and at least 12 days of accrued vacation leave if donating vacation leave. A leave donor shall not revoke the leave donation. If a leave donor is not in the same department or autonomous agency as the leave recipient, appropriate arrangements shall be made between the affected appointing authorities to verify donor eligibility and adjust leave records. The posting requirement set forth in subsection b. of this section shall be limited to the recipient's appointing authority.
d. While using donated leave time in State service, the leave recipient shall accrue sick leave and vacation leave and be entitled to retain that leave upon the leave recipient's return to work.
e. Any unused donated leave shall be returned to the leave donors on a prorated basis upon the leave recipient's return to work, except that if the proration of leave days results in less than one day per donor to be returned, the leave time shall not be returned.
f. Upon retirement, the leave recipient shall not be granted supplemental compensation for any unused sick days which the leave recipient received through the leave donation program.
g. A State employee shall be prohibited from threatening or coercing, or attempting to threaten or coerce, another employee for the purpose of interfering with rights involving donating, receiving, or using donated leave time. The acts prohibited shall include, but not be limited to, promising to confer a benefit such as an appointment or promotion, or making a threat to engage in an act of retaliation against an employee.
h. No provision of this section, or regulation promulgated to implement or enforce this section, shall be deemed to justify reducing or making less favorable to employees any benefits provided by this section or any other law or required by a collective bargaining agreement which are more favorable to the employees than those required by this section, nor shall any provision of this section, or any regulation promulgated to implement or enforce this section, be construed to prohibit appropriate negotiations through collective bargaining agreements of benefits which are more favorable to employees than those required by this section.
i. As used in this section:
"Catastrophic health condition or injury" means the following:
(1) with respect to an employee: (a) a life-threatening condition or combination of conditions; or (b) a period of disability required by his or her mental or physical health or the health of the employee's fetus which requires the care of a physician who provides a medical verification of the need for the employee's absence from work for 60 or more work days; and
(2) with respect to an employee's immediate family member: (a) a life-threatening condition or combination of conditions; or (b) a period of disability required by his or her mental or physical health which requires the care of a physician who provides a medical verification of the need for the family member's care by the employee for 60 or more work days.
j. This section shall apply to State employees in the career, senior executive, and unclassified service.
Administrative leave for personal reasons including religious observances for full-time State employees or those employees of Rutgers, The State University, New Jersey Institute of Technology, Rowan University, Montclair State University, and Kean University who perform services similar to those performed by employees of the New Jersey State colleges who are in the career service shall be three working days per calendar year. Administrative leave shall not be cumulative and any administrative leave unused by an employee at the end of any year shall be cancelled.
Part-time employees shall receive proportionate vacation, sick and administrative leave.
a. Leaves of absence for career, senior executive and unclassified employees in State service due to injury or illness directly caused by and arising from State employment shall be governed by rules of the Civil Service Commission. Leaves of absence for career and unclassified employees of a political subdivision directly caused by or arising from employment shall be governed by rules of the political subdivision. Any sick leave with pay shall be reduced by the amount of workers' compensation or disability benefits, if any, received for the same injury or illness.
b. The rules promulgated by the commission to govern leaves of absence under this section shall not apply, nor shall a leave of absence pursuant to this section be available, to any career, senior executive or unclassified employee in State service who sustains an injury or illness on or after the effective date of P.L.2010, c.3, or the expiration of a collective negotiations agreement with a relevant provision in effect on that effective date, directly caused by and arising from State employment. This subsection shall not be construed as impairing the obligations set forth in any collective negotiations agreement between the State and its employees in effect on the effective date of P.L.2010, c.3.
Leaves of absence for police officer and fire fighter titles shall be governed by the applicable provisions of Title 40A of the New Jersey Statutes and N.J.S. 11A:6-10.
A leave of absence with pay shall be given to employees who are duly authorized representatives of an employee organization defined as a "representative" in subsection e. of section 3 of P.L.1941, c.100 (C.34:13A-3) and affiliated with the New Jersey Policemen's Benevolent Association, Inc., Fraternal Order of Police, Firemen's Mutual Benevolent Association, Inc. or the Professional Fire Fighters Association of New Jersey to attend any State or national convention of the organization, provided, however, that no more than 10 percent of the employee organization's membership shall be permitted such a leave of absence with pay, except that no less than two and no more than 10 authorized representatives shall be entitled to such leave, unless more than 10 authorized representatives are permitted such a leave of absence pursuant to a collective bargaining agreement negotiated by the employer and the representatives of the employee organization, and for employee organizations with more than 5,000 members, a maximum of 25 authorized representatives shall be entitled to such leave. The leave of absence shall be for a period inclusive of the duration of the convention with a reasonable time allowed for travel to and from the convention, provided that such leave shall be for no more than seven days. A certificate of attendance at the convention shall, upon request, be submitted by the representative so attending.
Any State employee in the career, senior executive or unclassified service who qualifies as a member of the United States team for athletic competition at the world, Pan American or Olympic level, in a sport contested in either Pan American or Olympic competition, shall be granted a leave of absence with pay and without loss of rights, privileges and benefits and without interruption of membership in any retirement system of the State for the purpose of preparing for and engaging in the competition. The paid leave granted pursuant to this title shall be no more than 90 calendar days in one year or the combined days of the official training camp and competition, whichever is less.
An appointing authority may grant an unpaid leave of absence to any employee elected or appointed as an officer or representative of a local, county or State labor organization which represents, or is affiliated with a local, county or State labor organization which represents, public employees.
An appointing authority may grant a paid leave of absence to any such employee, (1) provided the employer is reimbursed in advance for compensation and benefit costs including retirement system contributions and health benefit premiums or periodic charges paid during the period of absence, or (2) in accordance with the terms of a collective bargaining agreement.
The maximum period for such paid and unpaid leaves shall be a subject of negotiation between the employer and union.
Any employee in the career or senior executive service who is appointed to any position pursuant to P.L. 1947, c. 14 (C. 52:14-16.2) shall be entitled to a leave of absence without pay from the permanent career or senior executive service title for the length of the appointment. Upon the expiration of the leave, the employee shall have the right to return to the former title and receive all of the rights, privileges and benefits of that title as if the employee had remained in that title.
Any person holding a position in the career service of any political subdivision shall upon written request be granted a leave of absence, without pay, to fill any elective public office for the term of the office. Upon the expiration of the term of office, that person shall be entitled to resume the position held at the time of the granting of the leave of absence, if the employee shall apply for reinstatement before the expiration of the leave of absence and return to duty within six years after the commencement of the leave. The time spent in serving the term of an elective office, up to a maximum of six years from the commencement of the leave, shall be included in the computation of that person's seniority rights.
All appointments to the position of that person during the period of six years from the date the leave of absence commences shall be made from eligible lists and the appointments shall, during such six-year period, be held to be interim and shall be terminated on the return to duty within the six-year period of the person to whom the leave of absence was granted.
In the event that the term of the elective public office of the person to whom such leave was granted expires after six years from the commencement of such leave, the name of such person, upon the expiration of the six-year period, shall be placed on a special reemployment list.
A leave of absence shall not disqualify an applicant for a promotional examination.
State employees in the career service, and those in the senior executive and unclassified services who have been granted sick leave under terms and conditions similar to career service employees, shall be entitled upon retirement from a State-administered retirement system to receive a lump sum payment as supplemental compensation for each full day of accumulated sick leave which is credited on the effective date of retirement.
The supplemental compensation provided under this chapter shall also be paid to each employee of Rutgers, The State University, New Jersey Institute of Technology, Rowan University, Montclair State University, and Kean University who performs services similar to those performed by employees of the New Jersey State colleges who are in the career service or who have been granted sick leave under terms and conditions similar to career service employees, including those employees of Rutgers, The State University who are members of the Newark Employees' Retirement System.
A State employee who elects deferred retirement shall not be eligible for the supplemental compensation provided under this chapter.
Supplemental compensation shall be computed at the rate of one-half of the eligible employee's daily rate of pay for each day of accumulated sick leave based upon the compensation received during the last year of employment prior to the effective date of retirement, but supplemental compensation shall not exceed $15,000.00. If an employee dies after the effective date of retirement but before payment is made, payment shall be made to the employee's estate.
(1) on the effective date of P.L.2007, c.92 (C.43:15C-1 et al.), or upon the expiration of a collective negotiations agreement or contract of employment applicable to that officer or employee in effect on that date has accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so accumulated or not more than $15,000, whichever is greater; or
(2) becomes an officer or employee after the effective date of P.L.2007, c.92 (C.43:15C-1 et al.) and has previously accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so previously accumulated or not more than $15,000, whichever is greater.
Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.
As used in this section, "officer or employee" means an elected official; or a person appointed by the Governor with the advice and consent of the Senate, or appointed by the Governor to serve at the pleasure of the Governor only during his or her term of office; or a person appointed by an elected public official or elected governing body of a political subdivision of the State, with the specific consent or approval of the elected governing body of the political subdivision that is substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the State as that similarity is determined by the elected governing body and set forth in an adopted ordinance or resolution, pursuant to guidelines or policy that shall be established by the Local Finance Board in the Department of Community Affairs, but not including a person who is employed or appointed in the regular or normal course of employment or appointment procedures and consented to or approved in a general or routine manner appropriate for and followed by the political subdivision, or the agency, authority or instrumentality of a subdivision, or a person who holds a professional license or certificate to perform and is performing as a certified health officer, tax assessor, tax collector, municipal planner, chief financial officer, registered municipal clerk, construction code official, licensed uniform subcode inspector, qualified purchasing agent, or certified public works manager.
Upon application for supplemental compensation made by an employee, the appointing authority shall, within 45 days, certify the number of accumulated sick days for which supplemental compensation is to be paid. Payment shall be made from a special State account established for this purpose.
An employee who has incurred or shall incur a break in service as a result of separation due to layoff shall be credited with sick leave accrued both before separation and after return to employment. An employee incurring a break in service for any other type of separation shall have sick leave computed only from the date of return to employment.
The supplemental compensation provided for accumulated sick leave shall in no way affect, increase or decrease any pension or retirement benefits under any other statute.
The Civil Service Commission shall adopt rules for the implementation of supplemental compensation, which shall include but need not be limited to application and eligibility procedures.
State employees in the career, senior executive and unclassified services in titles or circumstances designated by the Civil Service Commission shall be eligible for overtime compensation and holiday pay. Overtime compensation and holiday pay shall be either cash compensation at a rate representing 1 1/2 times the employee's hourly rate of base salary or compensatory time off at a rate of 1 1/2 hours for each hour worked beyond the regular workweek, at the discretion of the department head, with the approval of the commission.
The commission shall adopt rules for the implementation of hours of work, overtime compensation and holiday pay programs, which shall include but need not be limited to application and eligibility procedures.
(1) January 1, known as New Year's Day;
(2) the third Monday in January, known as Martin Luther King's Birthday;
(3) the third Monday in February, known as Washington's Birthday, which shall be known and celebrated as Presidents Day in this State;
(4) the day designated and known as Good Friday;
(5) the last Monday in May, known as Memorial Day;
(6) the third Friday in June, Juneteenth Day;
(7) July 4, known as Independence Day;
(8) the first Monday in September, known as Labor Day;
(9) the second Monday in October, known as Columbus Day;
(10) November 11, known as Armistice Day or Veterans' Day;
(11) the fourth Thursday in November, known as Thanksgiving Day;
(12) December 25, known as Christmas Day; and
(13) any general election day in this State.
b. The provisions of this section shall not impair any collective bargaining agreement or contract in effect on the effective date of P.L.2008, c.89. The provision of this section shall take effect in the calendar year following the expiration of the collective bargaining agreements or contracts covering a majority of the Executive Branch employees in effect on the effective date of P.L.2008, c.89.
The State Treasurer may establish and shall review and approve training and education programs for State employees in the career, senior executive and unclassified services and shall supervise a State training center with appropriate courses and fee schedules. Particular training may be required by the State Treasurer for certain employees, for which an assessment to State departments may be imposed.
The State Treasurer shall develop and stimulate employee career development and improve management and efficiency in State government through programs, for which an assessment to State departments may be imposed, that include but are not limited to:
a. Career mobility and transferability;
b. Employee advisory services for counseling and rehabilitation;
c. Retirement planning; and
d. Interchange and internship programs.
The commission may, at the request of any political subdivision, initiate programs similar to those authorized in this chapter and provide technical assistance to political subdivisions to improve the efficiency and effectiveness of their personnel management programs. The commission may require reasonable reimbursement from a participating political subdivision.
The commission shall establish an employee performance evaluation system for State employees in the career and senior executive services. The system shall utilize standards and criteria related to job content and program goals.
Political subdivisions may adopt employee performance evaluation systems for their employees.
The Civil Service Commission shall adopt and enforce rules with respect to the utilization of performance ratings in promotion, layoff or other matters.
The New Jersey Employee Awards Committee shall be established within the Civil Service Commission. The committee shall be composed of seven persons, each of whom shall be employed in a different department within the Executive Branch. Appointments to the committee shall be made by the Governor, from nominations by the commission, for staggered terms of three years or until a successor is appointed. No member shall serve more than two consecutive full terms. Members shall serve without compensation but shall be entitled to sums incurred for necessary expenses. The commission shall designate an employee as executive secretary to the committee.
The committee, subject to appropriations made for that purpose, may provide awards to State employees for, but not limited to:
a. Meritorious suggestions and accomplishments which promote efficiency, productivity or economy;
b. Heroism or exceptional service;
c. Professional achievements; and
d. Service.
The committee shall:
a. Adopt rules for the implementation of the awards programs, subject to the approval of the commission;
b. Request and receive assistance from any department in State government;
c. Prepare an annual report to the Governor from the commission concerning the operation of the awards program; and
d. Establish and supervise the awards committees in the departments in State government.
Suggestion awards shall be paid from State funds appropriated for that purpose.
The head of each State agency shall ensure equality of opportunity for all of its employees and applicants seeking employment. Equal employment opportunity includes, but is not limited to, the following areas: recruitment, selection, hiring, training, promotion, transfer, layoff, return from layoff, compensation, and fringe benefits. Equal employment opportunity further includes policies, procedures, and programs for recruitment, employment, training, promotion, and retention of minorities, women, and persons with disabilities. Equal employment opportunity but not affirmative action is required with respect to persons identified solely by their affectional or sexual orientation.
The head of each State agency shall explore innovative personnel policies in order to enhance these efforts and where appropriate shall implement them to the fullest extent authorized. Where the implementation of those policies is not authorized, an agency head shall recommend implementation to the appropriate State agency.
A Division of Equal Employment Opportunity and Affirmative Action is established in the Department of the Treasury. The division shall have all of the powers and shall exercise all of the functions and duties set forth in this chapter, subject to the supervision and control of the State Treasurer.
The division shall develop, implement and administer an equal employment opportunity and affirmative action program for all State agencies. The program shall consider the particular personnel requirements that are reasonably related to job performance of each State agency. The director of the division shall ensure that the affirmative action and equal employment goals of each State agency for minorities, women, and persons with disabilities shall be reasonably related to their population in the relevant surrounding labor market areas. The director, in accordance with applicable federal and State guidelines, shall:
a. Ensure each State agency's compliance with all laws and rules relating to equal employment opportunity and seek correction of discriminatory practices, policies and procedures;
b. Recommend appropriate sanctions for noncompliance to the State Treasurer who, with the concurrence of the Governor, is authorized to implement sanctions;
c. Review State personnel practices, policies, and procedures, inclusive of recruitment, selection, and promotion, in order to identify and eliminate artificial barriers to equal employment opportunity;
d. Act as liaison with federal, State, and local enforcement agencies;
e. Recommend appropriate legislation to the State Treasurer and perform other actions deemed necessary by the State Treasurer to implement this chapter; and
f. Provide, under rules adopted by the Department of the Treasury, for review of equal employment complaints. Such rules shall, at minimum, (1) require that each State agency create a written record of each complaint received and provide a uniform format and procedure for creating and maintaining that record; (2) require that the State agency interview the person submitting the complaint to determine the nature and scope of the complaint; and (3) when the person submitting the complaint is the person against whom the discrimination is alleged to have occurred, require that the State agency notify that person as to whether an investigation into the complaint will be conducted and if not, the basis for such a determination.
The department shall establish reasonable equal employment and affirmative action goals for State agencies in the form of regulations.
The department, through the Division of Equal Employment Opportunity and Affirmative Action, shall:
a. Ensure that the pool of applicants for all vacant positions in State agencies includes minorities, women, and persons with disabilities so that affirmative action goals are attainable through agency selection decisions;
b. Undertake a comprehensive review of its rules, regulations, and testing procedures in order to amend or eliminate those which serve to discriminate against minorities, women, and persons with disabilities;
c. Ensure that selection devices do not discriminate against minorities, women, and persons with disabilities;
d. Analyze job specifications to isolate and eliminate prerequisites that are artificial barriers to employment;
e. Review all discrimination complaints under Title VII of the Civil Rights Act of 1964, Pub.L. 88-352 (42 U.S.C. s.2000e et seq.), evaluate trends, and recommend appropriate policy changes; and
f. Receive, analyze and transmit to the Governor, at least semi-annually, progress reports on affirmative action in all State agencies.
The head of each State agency shall appoint at least one person with the responsibility for equal employment opportunity as the affirmative action officer. Unless otherwise permitted by the director with the approval of the State Treasurer, such person shall serve on a full-time basis and shall be responsible to the Division of Equal Employment Opportunity and Affirmative Action.
The head of each State agency shall be accountable to the Governor for achieving and maintaining agency compliance with the affirmative action program.
Each State agency shall submit an affirmative action plan with goals and timetables plus quarterly and annual affirmative action reports to the director. Each affirmative action plan shall identify existing inequities in hiring, promotion, and all other conditions of employment and provide specific remedies for these inequities and establish the time periods for the accomplishment of remedial action. Each State agency shall make good faith efforts to meet its goals and timetables.
If there is a failure by a State agency to achieve its affirmative action goals or to demonstrate good faith efforts, appropriate sanctions and penalties may be imposed by the department in accordance with federal and State regulations, subject to the concurrence of the Governor and the State Treasurer. These sanctions may include, but are not limited to, placing a moratorium on departmental personnel actions in the career, senior executive and unclassified services, and such other sanctions as may be allowed by law.
State agencies which achieve outstanding affirmative action results shall be cited by the Governor for their efforts.
There is established in the Department of the Treasury an Equal Employment Opportunity Advisory Commission, which shall advise the Division of Equal Employment Opportunity and Affirmative Action and recommend improvements in the State's affirmative action efforts.
The Equal Employment Opportunity Advisory Commission shall consist of 11 members appointed by the Governor, at least six of whom shall be minorities, women, and persons with disabilities. Consideration shall be given to appropriate representation of each group. The remaining members of the commission may be comprised of State agency heads or their designated representatives. All members of the commission shall be residents of the State. Members shall be appointed for staggered terms of four years. Each member shall hold office for the term of the appointment and until a successor is appointed. Members may not serve more than two consecutive terms. A vacancy in the membership of the commission shall be filled by appointment by the Governor for the remainder of the term. The commission shall meet at least quarterly to review implementation of this chapter. The Director of the Division of Equal Employment Opportunity and Affirmative Action shall serve as executive secretary.
The commission may establish procedures for the reasonable accommodation of persons with disabilities in the employee selection process for the State and the political subdivisions covered by this title. Pursuant to rules adopted by the Civil Service Commission, the commission may waive an examination for an applicant who has a physical, mental, or emotional injury, impairment, or disability which:
a. Makes it physically or psychologically not practicable for that person to undergo the testing procedure for the title for which applied, but
b. Does not prevent that person from satisfactorily performing the responsibilities of the title under conditions of actual service; and
c. In making such determination, the commission may require the submission of sufficient and appropriate medical documentation.
"Person with significant disabilities" means a person whose physical or mental impairments impact the ability to participate in the competitive hiring and promotion process within the State workforce.
a. was or is currently a client of the Division of Vocational Rehabilitation Services in the Department of Labor and Workforce Development;
b. meets the eligibility requirements to receive Social Security Disability Insurance or Supplemental Security Income on the basis of a disability, including a person who is eligible to participate in the federal Ticket to Work program authorized under the Social Security Administration;
c. qualifies for appointment under the Office of Personnel Management, Schedule A Excepted Service Hiring on the basis of a disability, Section 213.3102(u) of Title 5, Code of Federal Regulations;
d. qualifies for services, supports, or benefits under programs administered by the Division of Developmental Disabilities or the Division of Mental Health and Addiction Services in the Department of Human Services;
e. notwithstanding any law, rule or regulation to the contrary regarding civil service veteran benefits, meets the eligibility requirements for services, supports, or benefits under a program for disabled veterans administered by the United States Department of Veterans Administration or the State; or
f. meets the eligibility requirements for services, supports, or benefits under a program administered by an agency of the State that has been determined by the administrator as comparable to a program described in paragraphs a. through e. of this section.
The appointing authority shall require proof of the person's significant disability prior to making an appointment. The appointing authority shall accept as proof of significant disability a letter or other official certification from the Division of Rehabilitation Services that the individual meets the criteria set forth in paragraph a. of section 3 of this act.
b. A qualified person with significant disabilities shall be eligible for appointment to an unclassified temporary position or a noncompetitive temporary position in the career service of civil service when the appointing authority determines that:
(1) the person is certified as eligible for appointment in the unclassified service or noncompetitive career service pursuant to this section; and
(2) it is necessary to observe the person on the job to establish that the person is able to perform the duties of the position.
The appointing authority may, with the approval of the Civil Service Commission, convert an unclassified service temporary appointment or a noncompetitive career service temporary appointment to a permanent appointment when it is determined that the person provided the required proof of eligibility for appointment pursuant to this section and is likely to succeed in the performance of the duties of the position.
c. A person with significant disabilities shall be eligible for appointment to a noncompetitive permanent position in the career service of civil service when the appointing authority determines that:
(1) the person is certified as eligible for appointment in the noncompetitive career service pursuant to this section; and
(2) the person is likely to succeed in performing the duties of the position.
d. In determining whether the person is likely to succeed in performing the duties of the position, the appointing authority shall rely upon the person's employment history and performance, as appropriate, education, and other relevant experience.
e. Appointments to an unclassified service or a noncompetitive career service position shall be subject to the working test period in accordance with Title 11A of the New Jersey Statutes. The appointing authority shall provide a temporary employee with progress reports at such times during the working test period as provided by rules of the Civil Service Commission, and a final progress report at the end of the entire working test period shall be provided to the employee, the division, and the commission.
To be eligible to request an interview, the person shall provide proof of eligibility and qualification for appointment pursuant to the provisions of this act. Written proof of the eligibility and qualification shall be provided to the appointing authority with the written request for an interview.
The purpose of the SAME program shall be to increase awareness of employment opportunities for persons with disabilities, provide appropriate avenues and remove barriers to the application and hiring process, and create mechanisms to increase advancement and retention rates for persons with disabilities employed in the State workforce.
The Affirmative Action Officer of each State agency shall oversee the SAME program for that State agency.
Each State agency shall provide for sufficient and qualified staff and sufficient resources and funding for the SAME program, including, as appropriate, the appointment of a disability program manager, selective placement program coordinator, and stay-at-work and return-to-work coordinator.
b. At a minimum, and as appropriate, the SAME program shall:
(1) review existing recruitment, hiring, advancement, and retention policies and procedures applicable to persons with disabilities, including an analysis of barriers to employment;
(2) establish goals for the hiring and recruitment of persons with disabilities, maintain records of the progress towards achieving and maintaining the established goals, and maintain and report on demographic data related to disability status for applicants and employees;
(3) use fast track hiring and advancement authority that permits State agencies to consider disability status during the hiring and advancement process;
(4) establish mentoring, internship, or similar work-based learning experiences for persons with disabilities;
(5) provide an opportunity for a qualified individual with a disability to request a mandatory interview, which shall be kept confidential and separate from the agency employment applications;
(6) include a centralized accommodation program to consolidate subject matter expertise necessary to assess, evaluate, and implement effective and meaningful accommodations and funding streams for accommodations;
(7) establish a recruitment and referral program that connects the State agency with college students and recent graduates with disabilities;
(8) utilize web-based application portals that are accessible to and usable by persons with disabilities; and
(9) provide for quarterly progress reports to the director of the State agency, the Director of the Division of Equal Employment Opportunity and Affirmative Action, and the Chief Executive Officer of the Civil Service Commission, which shall be publicly available and posted on the division's website.
c. For purposes of the records required to be maintained under paragraph (2) of subsection b. of this section, an applicant or employee may be classified as a person with a disability on the basis of the person's self-identification as a person with a disability on a form created by the division for such purpose. The division may also classify an individual with a disability on the basis of records relating to the individual's request for reasonable accommodation and records related to the individual's appointment under a hiring authority that takes disability into account.
The form shall state that the information collected will be kept confidential, used only for statistical purposes, and that completion of the form is voluntary.
d. "State agency" means any State department, and any authority, commission, office, department, division, bureau, board, or any other agency or instrumentality thereof, including institutions of higher education.
Each State employee who receives such additional training shall complete a refresher course every three years. The State employee shall complete an evaluation form before the training session commences and an evaluation form at the completion of each training session.
At least once a year, each State employer shall provide to the commission a report on the number of employees who received training and a summary of the completed pre and post-evaluation forms. As used in this section:
"State" means all branches of State Government, and any authority, commission, office, department, division, bureau, board, or any other agency or instrumentality thereof, including institutions of higher education.
b. The Civil Service Commission shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to effectuate the purposes of this act.
To ensure the integrity of the telephone hotline and to encourage employees to utilize it, the commission shall provide for the confidentiality of the names of the employees calling and any individual named or otherwise identified during a call, the information discussed with each employee, and any referrals made for further assistance or counseling. A report may be submitted by an employee anonymously. The commission shall inform the caller of the extent to which confidentiality will be maintained in accordance with law.
The commission shall take appropriate steps to publicize the hotline.
The persons staffing the hotline shall be trained by the Civil Service Commission , in consultation with the New Jersey Coalition Against Sexual Assault. To the greatest extent possible, the persons staffing the hotline shall have experience or education on the laws, regulations, policies, and procedures regarding discrimination and harassment in the workplace. The persons staffing the hotline shall be trained to make referrals for further assistance and counseling.
The commission shall prepare an annual report summarizing the volume and nature of calls received and any other information required by the commission, provided that the report shall not contain any personal or identifying information about any caller or individual named or otherwise identified during a call. The commission shall make this report available to the public on the commission's Internet site in an easily accessible location and submit the report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature.
The purpose of the mentoring program shall be to assist law enforcement applicants through the civil service application and selection process and to help address obstacles unique to their circumstances. The program may be conducted through mentoring projects, including workshops, group discussions, and dissemination of information about civil service practices which provide assistance in overcoming barriers to employment. The program shall be designed to provide a mentor to an applicant for the duration of the exam cycle, until the mentee completes the hiring process.
b. As used in this act:
"Mentee" means a civil service law enforcement applicant participating in the mentoring program established pursuant to subsection a. of this section.
"Mentor" means a volunteer who agrees to participate in the mentoring program established pursuant to subsection a. of this section. A mentor may be a current law enforcement officer in good standing who obtained the current law enforcement position through the civil service process, a former law enforcement officer who retired or resigned in good standing who obtained the law enforcement position through the civil service process, or any other person deemed appropriate by the Civil Service Commission.
c. The Civil Service Commission shall develop criteria to determine eligibility in the mentoring program as a mentor and as a mentee. Monies shall not be provided to a mentor to participate in the program and fees shall not be charged to a mentee to participate in the program. When possible, the mentor shall be of the same racial or ethnic background as the mentee.
d. A mentor or mentee may be removed from the program for good cause as determined by the Civil Service Commission. A mentee shall be removed from the program upon the mentee's acceptance of an offer of employment. An applicant may participate in the program as a mentee a maximum of three times within a 10-year period. After successfully completing the program, a former mentee may be eligible to participate in the program as a mentor.
e. At least once a year, the Civil Service Commission shall review the mentoring program for its efficacy, and make any necessary adjustments to continue to meet the needs and purpose of the program.
f. The Civil Service Commission shall develop rules and regulations to effectuate the purposes of P.L.2021, c.235.
a. A permanent employee may be laid off for economy, efficiency or other related reason. A permanent employee shall receive 45 days' written notice, unless in State government a greater time period is ordered by the commission, which shall be served personally or by certified mail, of impending layoff or demotion and the reasons therefor. The notice shall expire 120 days after service unless extended by the commission for good cause. At the same time the notice is served, the appointing authority shall provide the commission with a list of the names and permanent titles of all employees receiving the notice. The Civil Service Commission shall adopt rules to implement employee layoff rights consistent with the provisions of this section. The commission shall consult with the advisory board representing labor organizations prior to such recommendations.
b. Permanent employees in the service of the State or a political subdivision shall be laid off in inverse order of seniority. As used in this subsection, "seniority" means the length of continuous permanent service in the jurisdiction, regardless of title held during the period of service, except that for police and firefighting titles, "seniority" means the length of continuous permanent service only in the current permanent title and any other title that has lateral or demotional rights to the current permanent title. Seniority for all titles shall be based on the total length of calendar years, months and days in continuous permanent service regardless of the length of the employee's work week, work year or part-time status.
c. For purposes of State service, a "layoff unit" means a department or autonomous agency and includes all programs administered by that department or agency. For purposes of political subdivision service, the "layoff unit" means a department in a county or municipality, an entire autonomous agency, or an entire school district, except that the commission may establish broader layoff units.
d. For purposes of State service, "job location" means a county. The commission shall assign a job location to every facility and office within a State department or autonomous agency. For purposes of local service, "job location" means the entire political subdivision and includes any facility operated by the political subdivision outside its geographic borders.
e. For purposes of determining lateral title rights in State and political subdivision service, title comparability shall be determined by the commission based upon whether the: (1) titles have substantially similar duties and responsibilities; (2) education and experience requirements for the titles are identical or similar; (3) employees in an affected title, with minimal training and orientation, could perform the duties of the designated title by virtue of having qualified for the affected title; and (4) special skills, licenses, certifications or registration requirements for the designated title are similar and do not exceed those which are mandatory for the affected title. Demotional title rights shall be determined by the commission based upon the same criteria, except that the demotional title shall have lower but substantially similar duties and responsibilities as the affected title.
f. In State service, a permanent employee in a position affected by a layoff action shall be provided with applicable lateral and demotional title rights first, at the employee's option, within the municipality in which the facility or office is located and then to the job locations selected by the employee within the department or autonomous agency. The employee shall select individual job locations in preferential order from the list of all job locations and shall indicate job locations at which the employee will accept lateral and demotional title rights. In local service, a permanent employee in a position affected by a layoff action shall be provided lateral and demotional title rights within the layoff unit.
g. Following the employee's selection of job location preferences, lateral and demotional title rights shall be provided in the following order:
(1) a vacant position that the appointing authority has previously indicated it is willing to fill;
(2) a position held by a provisional employee who does not have permanent status in another title, and if there are multiple employees at a job location, the specific position shall be determined by the appointing authority;
(3) a position held by a provisional employee who has permanent status in another title, and if there are multiple provisional employees at a job location, the specific position shall be determined based on level of the permanent title held and seniority;
(4) the position held by the employee serving in a working test period with the least seniority;
(5) in State service, and in local jurisdictions having a performance evaluation program approved by the commission, the position held by the permanent employee whose performance rating within the most recent 12 months in the employee's permanent title was significantly below standards or an equivalent rating;
(6) in State service, and in local jurisdictions having a performance evaluation program approved by the commission, the position held by the permanent employee whose performance rating within the most recent 12 months in the employee's permanent title was marginally below standards or an equivalent rating; and
(7) the position held by the permanent employee with the least seniority.
h. A permanent employee shall be granted special reemployment rights based on the employee's permanent title at the time of the layoff action and the employee shall be certified for reappointment after the layoff action to the same, lateral and lower related titles. Special reemployment rights shall be determined by the commission in the same manner as lateral and demotional rights.
i. Notwithstanding the provisions above, at no time shall any person on a military leave of absence for active service in the Armed Forces of the United States or for active service in the organized militia in time of war or emergency be laid off.
For the purposes of this section, "organized militia" means the Army and Air National Guard of New Jersey or any other state, and "active service" includes National Guard active service ordered by a Governor of a state.
a. An appointing authority shall lessen the possibility, extent or impact of layoffs by implementing pre-layoff actions, which may include but need not be limited to:
(1) initiating a temporary hiring or promotion freeze;
(2) separating non-permanent employees;
(3) returning provisional employees to their permanent titles;
(4) reassigning employees; and
(5) assisting potentially affected employees in securing transfers or other employment.
b. An appointing authority shall consult with the majority representative of public employees selected or designated pursuant to section 7 of P.L.1968, c.303 (C.34:13A-5.3) that represents the affected employees prior to implementing pre-layoff actions pursuant to this section.
The commission, in consultation with the advisory committee established pursuant to subsection m. of N.J.S.11A:2-11, may adopt rules on voluntary reduced work time or other alternatives to layoffs. Employee participation in the program shall not affect special reemployment or retention rights.
A permanent employee who is laid off or demoted in lieu of layoff shall have a right to appeal the good faith of such layoff or demotion to the Civil Service Commission. Appeals must be filed within 20 days of final notice of such layoff or demotion. The burden of proof in such actions shall be on the employee and rules adopted pursuant to N.J.S.11A:2-22 would also be applicable to these appeals.
This title shall apply to any political subdivision to which the provisions of Title 11 of the Revised Statutes and the supplements thereto applied immediately prior to their repeal and to any political subdivision which hereafter adopts the provisions of this title.
The clerk of any county or municipality not operating under the provisions of this title shall submit the question of adopting the provisions of Title 11A of the New Jersey Statutes to the voters of the county or municipality upon the filing with the clerk of a petition requesting the adoption. The petition shall be signed by the registered voters of the county or municipality equal to 15% of the valid votes cast in the county or municipality during the last general election. Each name shall be signed in ink and the place of residence indicated by street and number or other description sufficient to identify the place. Attached to each separate paper there shall be an affidavit of the circulator thereof that the circulator, and only the circulator, personally circulated the foregoing paper, that all signatures thereto were made in the circulator's presence, and that the circulator believes them to be genuine signatures of the persons whose names they purport to be. Within 10 days from the date of filing the petition, the clerk shall complete an examination and ascertain whether or not the petition is signed by the requisite number of qualified voters and shall attach to the petition a certificate showing the result of the examination.
If the petition is sufficient, the clerk shall, 15 days thereafter, give public notice that the question will be submitted to the voters at the next general or municipal election. Public notice includes, but is not limited to, publication in the political subdivision's official newspaper once a week for at least four weeks and posting the notice in five of the most public places in the political subdivision for at least four weeks before the election. The clerk shall also cause the question to be printed upon the ballots to be used at the election.
If the clerk refuses or neglects to comply with the provisions of N.J.S. 11A:9-2 and N.J.S. 11A:9-3, a registered voter of the political subdivision or the commissioner may apply to a judge of the Superior Court in the county in which the political subdivision is located for an order directing and compelling the submission of the question involved in the petition. The judge shall hear the matter summarily. If the judge finds and determines that the petition is in accordance with law, an appropriate order shall be issued. Any clerk failing to comply with the order of the court, or any public official, officer, agent or employee interfering with, or preventing, such clerk from satisfying such order, shall be guilty of a crime of the fourth degree.
All the provisions of this chapter shall apply to school districts in which the board of education is elected by the voters. School districts shall, in the submission of the question to the voters, conform to the provisions of this chapter as nearly as possible.
The method of submitting the question of the adoption of this title to the voters of a county or municipality shall conform as nearly as possible to the provisions of Title 19 of the Revised Statutes relating to the submission of public questions and when submitted at a school district election shall conform as nearly as possible to the provisions of Title 18A of the New Jersey Statutes relating to the submission of public questions in school districts.
The result of the election shall be certified by the clerk of the political subdivision to the commission.
Any employee of a political subdivision who, at the time of adoption of this title, was actively employed by the political subdivision continuously for a period of at least one year prior to the adoption of this title, or any employee who was on an approved leave of absence and had at least one year of continuous service with the political subdivision prior to the adoption of the title, and who comes within the career service, shall continue to hold such position, and shall not be removed except in accordance with the provisions contained in this title.
At the time of adoption of this title, the seniority rights of employees shall be based upon the length of their continuous service with that political subdivision.
b. An applicant with five years of experience in a veterinary office, animal hospital, animal shelter, or other similar place of work where animals are cared for or kept performing vaccinations, diagnostic tests, euthanasia, or various other medical treatments on animals or work involving animal nutrition, taxonomy, animal behavior, parasitology, or bacteriology and who does not meet all of the education requirements shall be eligible for the Animal Health Technician job title within the civil service local title listing.
The Civil Service Commission may disapprove and order the payment stopped of the salary of any person employed in violation of this title or an order of the Civil Service Commission and recover all disapproved salary from such person. Any person or persons who authorize the payment of a disapproved salary or have employment authority over the person whose salary has been disapproved may be subject to penalties, including, but not limited to, the disapproval of their salaries and payment from their personal funds of improper expenditures of the moneys as may be provided by the rules of the Civil Service Commission. This section shall not be limited by the amounts set forth in N.J.S.11A:10-3.
Any person who purposely or knowingly violates or conspires to violate any provision of this title or Civil Service Commission order shall be guilty of a crime of the fourth degree.
The Civil Service Commission may assess all administrative costs incurred under N.J.S.11A:4-5. Other costs, charges and fines of not more than $10,000.00 may be assessed for noncompliance or violation of this title or any order of the Civil Service Commission.
The Civil Service Commission or other party in interest may bring an action in the Superior Court for the enforcement of this title or an order of the Civil Service Commission.
Any resident shall have standing to enjoin payments in the Superior Court and require recovery of remuneration paid in violation of this title in the jurisdiction of residence, from the individuals signing, countersigning, authorizing or having employment authority for the payments. Moneys recovered in the action shall be paid from the personal funds of those individuals and shall be paid to the State Treasurer or the treasurer of the political subdivision, as appropriate. The resident shall be entitled to receive not more than 25% of the amount recovered and reasonable attorney fees, at the discretion of the court.
The functions, powers, and duties of the Merit System Board as constituted in the Department of Personnel are continued and transferred to the Civil Service Commission which is created and allocated in, but not of, the Department of Labor and Workforce Development by N.J.S.11A:2-1 as amended by P.L.2008, c.29. The members of the Merit System Board, other than the Commissioner of Personnel, on the effective date of this act, P.L.2008, c.29, shall continue as members of the Civil Service Commission for the duration of their current terms and any reappointments and until their successors are appointed, unless removed for cause.
a. The Department of Personnel is abolished as a principal department in the Executive Branch of State government. The offices and terms of the Commissioner of Personnel, the deputy commissioner, assistant commissioners, and the directors of the various divisions and offices of the Department of Personnel are terminated, except as otherwise provided by P.L.2008, c.29.
b. The functions, powers, and duties of the Department of Personnel, the Commissioner of Personnel, the deputy commissioner, assistant commissioners, and directors of the various divisions and offices of the Department of Personnel are continued and transferred as provided by P.L.2008, c.29. The State Treasurer may allocate the functions, powers, and duties transferred to the Department of the Treasury or the State Treasurer by P.L.2008, c.29 among such divisions or subdivisions in the Department of the Treasury as the State Treasurer deems appropriate or as the State Treasurer may establish.
c. (1) The Division of Equal Employment Opportunity and Affirmative Action as constituted in the Department of Personnel, with its functions, powers, and duties, and those of the Commissioner of Personnel and the Merit System Board with regard to that division, is continued and transferred to the Department of the Treasury, except with regard to the power to adjudicate complaints of violations of the State policy against discrimination which power shall remain with the Civil Service Commission. The functions, powers, and duties of the Division of Equal Employment Opportunity and Affirmative Action shall be allocated within the department as the State Treasurer shall determine.
The Equal Employment Opportunity Advisory Commission as constituted in the Department of Personnel is continued and transferred to the Department of the Treasury to be allocated within that department as the State Treasurer shall determine. The members of the Equal Employment Opportunity Advisory Commission shall continue as members of the commission for the duration of their current terms and any reappointments and until their successors are appointed, unless removed for cause.
(2) The planning and research unit and function as constituted in the Department of Personnel is continued and transferred to the Department of the Treasury to be allocated within that department as the State Treasurer shall determine.
d. The Working Well NJ State employee wellness program as constituted in the Department of Personnel is continued and transferred to the Department of Health to be allocated within that department as the commissioner shall determine.
e. The toll-free information "Law Enforcement Officer Crisis Intervention Services" telephone hotline as constituted in the Department of Personnel is continued and transferred to the Department of Human Services, pursuant to sections 115 to 116 of P.L.2008, c.29 (C.26:2NN-1 to C.26:2NN-2), to be allocated within that department as the commissioner shall determine.
f. The New Jersey Employee Awards Committee as constituted in the Department of Personnel is continued and transferred to the Civil Service Commission. The members of the New Jersey Employee Awards Committee shall continue as members of the committee for the duration of their current terms and any reappointments and until their successors are appointed, unless removed for cause.
g. The commission shall develop a plan for the consolidation and coordination of personnel and related functions, including, but not limited to, classification, compensation, and workforce planning, in the executive branch of State government and for transfer to the commission of employees, positions, funding, facilities, equipment, powers, and duties from throughout the executive branch of State government as necessary and appropriate to effectuate such consolidation and coordination.
h. The commission shall submit the plan prepared pursuant to subsection g. of this section to the Governor for review and approval. With the approval of the Governor and in accordance with regulations adopted by the commission, the commission, pursuant to the approved plan, shall direct the consolidation and coordination of personnel and related functions, including, but not limited to, classification, compensation, and workforce planning, in the executive branch of State government and transfer to the commission employees, positions, funding, facilities, equipment, powers, duties, and functions from throughout the executive branch of State government to effectuate the consolidation and coordination. The commission shall organize these functions in the units as the commission determines are necessary for the efficient operation of the commission and in a manner as will provide the appointing authorities and all State employees with proper support in personnel matters. The consolidation shall not apply to those functions which the commission has determined are unique to each department or agency in its capacity as an appointing authority.
i. Each department, office, division, bureau, or agency in the executive branch of State government shall cooperate with the commission and make available to the commission such information, personnel and assistance necessary to effectuate the purposes of P.L.2008, c.29.
j. This section shall not be construed to permit or require negotiations pursuant to the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.), of any rule or regulation promulgated by the State Treasurer or Civil Service Commission pursuant to this section or any other section of this title.
Any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding, appropriation, or otherwise which refers to the Department of Personnel, Commissioner of Personnel, or Merit System Board shall mean the Department of the Treasury, State Treasurer, Civil Service Commission, the Department of Health, or the Department of Human Services, as provided by P.L.2008, c.29.
All rules of the Merit System Board or the Department of Personnel in effect on the effective date of P.L.2008, c.29 shall remain in effect except as changed or modified by this title or action of the Civil Service Commission, State Treasurer, Commissioner of Health, Commissioner of Human Services, or other authority, as appropriate.
Any action pending on the effective date of P.L.2008, c.29 shall continue under the prior law and rule.
The transfers directed by P.L.2008, c.29, except as otherwise provided, shall be made in accordance with the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.).
Any law or statute which is inconsistent with any of the provisions of this title, as amended by P.L.2008, c.29, are to the extent of the inconsistency hereby superseded, except that the title is not to be construed either to expand or to diminish collective negotiation rights existing under the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.).
Those employees with permanent classified status shall obtain permanent status in career service without loss of seniority or pension rights.
The following statutes are repealed:
Title 11 of the Revised Statutes
P.L. 1938, c. 76 (C. 11:2A-1)
P.L. 1938, c. 381, s. 10 (C. 11:27-13)
P.L. 1939, c. 219 (C. 11:4-3.3)
P.L. 1939, c. 232 (C. 11:24A-1 to 11:24A-6)
P.L. 1939, c. 322 (C. 11:10-6.1)
P.L. 1940, c. 15 (C. 11:4-3.4)
P.L. 1940, c. 178 (C. 11:22-11.1)
P.L. 1941, c. 91 (C. 11:4-3.5 and 11:4-3.6)
P.L. 1941, c. 286 (C. 11:4-3.7)
P.L. 1942, c. 65 (C. 11:20A-1)
P.L. 1942, c. 137, s. 2 (C. 11:27-1.2)
P.L. 1942, c. 253 (C. 11:24A-7)
P.L. 1944, c. 65, s. 11 (C. 11:7-10)
P.L. 1946, c. 148 (C. 11:24A-6.1 to 11:24A-6.3)
P.L. 1946, c. 198 (C. 11:4-3.8 and 11:4-3.9)
P.L. 1947, c. 201, ss. 2-4 (C. 11:14-3 to 11:14-5)
P.L. 1947, c. 272 (C. 11:20A-2)
P.L. 1948, c. 121, ss. 2-4, 9 (C. 11:7-11 to 11:7-14)
P.L. 1948, c. 121, ss. 6-8 (C. 11:22-50 to 11:22-52)
P.L. 1948, c. 165 (C. 11:22-44.1 to 11:22-44.3)
P.L. 1948, c. 257 (C. 11:21-5.1)
P.L. 1948, c. 435 (C. 11:4-3.10)
P.L. 1948, c. 466 (C. 11:22-44.4 and 11:22-44.5)
P.L. 1950, c. 235 (C. 11:26B-1 to 11:26B-3)
P.L. 1951, c. 278 (C. 11:21-5.2)
P.L. 1951, c. 279 (C. 11:21-4.1)
P.L. 1952, c. 27 (C. 11:11-4)
P.L. 1952, c. 302 (C. 11:26C-1 to 11:26C-3)
P.L. 1952, c. 309 (C. 11:27-1.3)
P.L. 1952, c. 322, ss. 1 and 2 (C. 11:15-9 and 11:15-10)
P.L. 1952, c. 323, ss. 1 and 2 (C. 11:22-10.1 and 11:22-10.2)
P.L. 1953, c. 125 (C. 11:2C-1 to 11:2C-9)
P.L. 1953, c. 193 (C. 11:14-1.1)
P.L. 1953, c. 238 (C. 11:4-3.11)
P.L. 1953, c. 239 (C. 11:4-3.12)
P.L. 1953, c. 430, ss. 2 and 3 (C. 11:4-3.13 and 11:4-3.14)
P.L. 1954, c. 182 (C. 11:4-3.15)
P.L. 1954, c. 232 (C. 11:21-3.1)
P.L. 1955, c. 188 (C. 11:26C-4)
P.L. 1959, c. 88, s. 2 (C. 11:24A-1.1)
P.L. 1961, c. 18 (C. 11:26D-1)
P.L. 1962, c. 195 (C. 11:14-1.2)
P.L. 1962, c. 196 (C. 11:24A-1.2)
P.L. 1964, c. 169 (C. 11:27-1.4 and 11:27-1.5)
P.L. 1965, c. 46 (C. 11:21-5.3)
P.L. 1967, c. 199, s. 2 (C. 11:22-10.3)
P.L. 1968, c. 437 (C. 11:26C-5)
P.L. 1971, c. 1 (C. 11:21-4.2 and 11:21-4.3)
P.L. 1971, c. 153 (C. 11:1-20 to 11:1-24)
P.L. 1971, c. 274 (C. 11:1-25 to 11:1-28)
P.L. 1972, c. 74 (C. 11:14-6 to 11:14-8)
P.L. 1973, c. 130 (C. 11:14-9 to 11:14-17)
P.L. 1977, c. 160 (C. 11:24A-8 and 11:24A-9)
P.L. 1977, c. 261 (C. 11:9-10.1)
P.L. 1978, c. 81, s. 2 (C. 11:22-2.1)
P.L. 1978, c. 99, s. 1 (C. 11:14-18)
P.L. 1978, c. 147 (C. 11:22-44.6)
P.L. 1980, c. 134 (C. 11:22-34.1)
P.L. 1981, c. 92 (C. 11:21-5.4)
P.L. 1981, c. 124 (C. 11:2D-1 to 11:2D-10)
P.L. 1981, c. 204 (C. 11:9-15 to 11:9-18)
P.L. 1981, c. 205 (C. 11:23-10 to 11:23-13)
P.L. 1981, c. 439 (C. 11:22-10.4)
P.L. 1981, c. 545, s. 3 (C. 11:21-9.1)
P.L. 1982, c. 181, ss. 2, 1 (C. 11:1-1.1 and C. 11:2-8)
P.L. 1983, c. 167 (C. 11:22-44.7 and 11:22-44.8)
P.L. 1983, c. 178 (C. 11:27-4.1)
P.L. 1983, c. 252 (C. 11:4-3.16)
P.L. 1983, c. 319 (C. 11:9-17.1)
P.L. 1984, c. 32 (C. 11:21-4.4)
P.L. 1984, c. 143 (C. 11:22-3.1)
P.L. 1984, c. 204 (C. 11:22-44.9 and 11:22-44.10)
P.L. 1985, c. 339 (C. 11:24A-2.1)
P.L. 1985, c. 484 (C. 11:21-5.5)
This act shall take effect immediately and any actions necessary to implement this act may be taken any time thereafter. General implementation is to be completed no later than 12 months following enactment.
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