Title 11A, Title 11A: CIVIL SERVICE

11A:2-11.1 Title changes in the career service. 1. a. The Civil Service Commission shall effectuate the following title changes in the career service: (1) Correction officer recruit shall be retitled as correctional police officer; (2) Senior correction officer shall be retitled …

11A:2-12 Delegation. 11A:2-12. Delegation. 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 delegat…

11A:2-13 Opportunity for appointing authority hearing, alternative procedures. 11A:2-13. Opportunity for appointing authority hearing, alternative procedures. Except as otherwise provided herein, before any disciplinary action in subsection a.(1), (2) and (3) of N.J.S.11A:2-6 is …

11A:2-14 Notice to employee of right to appeal, alternative procedures. 11A:2-14. Notice to employee of right to appeal, alternative procedures. 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 fi…

11A:2-15 Appeal procedure. 11A:2-15. Appeal procedure. 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 …

11A:2-16 Appeal procedure for suspension or fine of five days or less. 11A:2-16. Appeal procedure for suspension or fine of five days or less. If a State employee receives a suspension or fine of five days or less, the employee may request review by the Civil Service Commission u…

11A:2-17. Use immunity 11A:2-17. Use immunity. 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 pers…

11A:2-18 Representation. 11A:2-18. Representation. An employee may be represented at any hearing before an appointing authority or the Civil Service Commission by an attorney or authorized union representative. Amended 2008, c.29, s.14.

11A:2-19 Authority to increase or decrease penalty imposed. 11A:2-19. Authority to increase or decrease penalty imposed. The Civil Service Commission may increase or decrease the penalty imposed by the appointing authority, but removal shall not be substituted for a lesser penalt…

11A:2-2 Implementation. 11A:2-2. Implementation. The Department of the Treasury and the Civil Service Commission, as appropriate, shall implement and enforce this title. Amended 2008, c.29, s.2.

11A:2-20 Forms of disciplinary action. 11A:2-20. Forms of disciplinary action. 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 authoritie…

11A:2-21. Burden of proof 11A:2-21. Burden of proof. 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. L. 1986, c. 112, s. 11A:2-21, eff. Sept. 2…

11A:2-22 Back pay, benefits, seniority and reasonable attorney fees. 11A:2-22. Back pay, benefits, seniority and reasonable attorney fees. The Civil Service Commission may award back pay, benefits, seniority and reasonable attorney fees to an employee as provided by rule. Amended…

11A:2-23. Political activity limited 11A:2-23. Political activity limited. 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…

11A:2-24 Protection against reprisals. 11A:2-24. Protection against reprisals. 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 i…

11A:2-28 Law enforcement officers, certain, participation in intergovernmental transfer program. 1. a. The commission shall provide, by regulation, for intergovernmental transfers by law enforcement officers, including county sheriff and corrections officers, as part of the commi…

11A:2-3 Members; term; quorum; vacancies; chairperson. 11A:2-3. Members; term; quorum; vacancies; chairperson. 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 unti…

11A:2-4 Removal of a commission member other than chairperson of the commission. 11A:2-4. Removal of a commission member other than chairperson of the commission. A commission member other than the chairperson of the commission may be removed from office by the Governor for cause…

11A:2-5 Compensation. 11A:2-5. Compensation. 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 Gove…

11A:2-6 Powers and duties. 11A:2-6. Powers and duties. 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 employee…

11A:2-6a Definitions relative to uniform domestic violence policies for public employers. 1. a. As used in this section: "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 sectio…

11A:2-7 Subpenas; oaths. 11A:2-7. Subpenas; oaths. 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.…

11A:3-1 Classification. 11A:3-1. Classification. 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 classi…

11A:3-2 Career service. 11A:3-2. Career service. 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 empl…

11A:3-2.1 Findings, declarations 1. The Legislature finds and declares that: 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…

11A:3-2.2 Certain transfers, appointments prohibited 2. No title shall be transferred from the State unclassified service or the senior executive service to the noncompetitive division of the career service and no individual serving in a title in the State unclassified service or…

11A:3-3 Senior executive service. 11A:3-3. Senior executive service. 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 S…

11A:3-4 State unclassified service. 11A:3-4. State unclassified 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 member…

11A:3-4.1 Rules, regulations concerning recordkeeping, record retention. 1. a. The Civil Service Commission, in consultation with the Bureau of Records Management in the Department of the Treasury and in accordance with federal and State law and regulation, shall promulgate rules…

11A:3-5 Political subdivision unclassified service. 11A:3-5. Political subdivision unclassified service. 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 offi…

11A:3-6 Public hearing required when moving title from career to unclassified service. 11A:3-6. Public hearing required when moving title from career to unclassified service. Whenever the Civil Service Commission considers moving a title from the career service to the unclassifie…

11A:3-7 Employee compensation. 11A:3-7. 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,…

11A:3-8 Payroll audits. 11A:3-8. Payroll audits. 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. Amended 2008, c.29, s.27.

11A:4-1 Examinations. 11A:4-1. Examinations. 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 exami…

11A:4-1.1 Application fee for examinations; additional fees; uses. 1. a. Except as provided in subsection b. of this section concerning law enforcement officer and firefighter examinations, the commission shall establish a $25 fee for each application for an open competitive or p…

11A:4-1.2 Rules, regulations. 2. The commission shall promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to effectuate the purposes of this act. L.1992, c.197, s.2; amended 2008, c.29, s.30.

11A:4-1.3 Certain entry-level law enforcement applicants, exemption from examination requirement. 1. a. The Civil Service Commission shall exempt from the requirement to take an examination for an entry-level law enforcement officer position, entry-level sheriff's officer positio…

11A:4-1.4 Development, maintenance of database of entry-level law enforcement officer candidates. 1. a. The Civil Service Commission shall oversee and manage the development and maintenance of a database, which shall collect and track the background information received from a la…

11A:4-1.5 Notification of candidate status; certification notifications. 2. Timely notifications of candidate status and certification notifications shall be disseminated by the Civil Service Commission electronically via mail, e-mail or text message, dependent on the candidate's…

11A:4-10. Arrests and criminal records 11A:4-10. Arrests and criminal records. 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. L…

11A:4-11 Removal on criminal record. 11A:4-11. Removal on criminal record. 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 t…

11A:4-12. Priority of lists 11A:4-12. Priority of lists. 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. Promo…

11A:4-13 Types of appointment. 11A:4-13. Types of appointment. 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 th…

11A:4-14 Promotion. 11A:4-14. Promotion. The commission shall establish the minimum qualifications for promotion and shall provide for the granting of credit for performance and seniority where appropriate. Amended 2008, c.29, s.40.

11A:4-15 Working test period. 11A:4-15. Working test period. 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 …

11A:4-16 Transfer, reassignment and lateral title change. 11A:4-16. Transfer, reassignment and lateral title change. The rules of the Civil Service Commission shall define and establish the procedures for transfer, reassignment and lateral title change. Employees shall be granted…