reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-47 - Conditions for disclosure of genetic information

10:5-47. Conditions for disclosure of genetic information
8. a. Regardless of the manner of receipt or the source of genetic information, including information received from an individual, a person may not disclose or be compelled, by subpoena or any other means, to disclose the identity of an individual upon whom a genetic test has been performed or to disclose genetic information about the individual in a manner that permits identification of the individual, unless:
(1) Disclosure is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding;
(2) Disclosure is necessary to determine paternity in accordance with the provisions of section 11 of P.L.1983, c.17 (C.9:17-48);
(3) Disclosure is authorized by order of a court of competent jurisdiction;
(4) Disclosure is made pursuant to the provisions of the "DNA Database and Databank Act of 1994," P.L.1994, c.136 (C.53:1-20.17 et seq.);
(5) Disclosure is authorized by the tested individual or the tested individual's representative by signing a consent which complies with the requirements of the Department of Health and Senior Services;
(6) Disclosure is for the purpose of furnishing genetic information relating to a decedent for medical diagnosis of blood relatives of the decedent;
(7) Disclosure is for the purpose of identifying bodies;
(8) Disclosure is pursuant to newborn screening requirements established by State or federal law;
(9) Disclosure is authorized by federal law for the identification of persons; or
(10) Disclosure is by an insurer pursuant to the requirements of P.L.1985, c.179 (C.17:23A-1 et seq.).
b. The provisions of this section apply to any subsequent disclosure by any person after another person has disclosed genetic information or the identity of an individual upon whom a genetic test has been performed.
L.1996,c.126,s.8.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-48 - Notice to persons receiving genetic testing

10:5-48. Notice to persons receiving genetic testing
9. a. A person who requires or requests that genetic testing be done or receives records, results or findings of genetic testing shall provide the person tested with notice that the test was performed and that the records, results or findings were received unless otherwise directed by informed consent pursuant to section 6 of P.L.1996, c.126 (C.10:5-45). The notice shall state that the information may not be disclosed to any person without the written consent of the person tested, unless disclosure is made pursuant to one of the exceptions provided for in section 8 of P.L.1996, c.126 (C. 10:5-47).
b. The Commissioner of Health and Senior Services, in consultation with the Commissioner of Banking and Insurance, shall promulgate regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) governing procedures for obtaining informed written consent pursuant to P.L.1996, c.126, except where the procedures for obtaining informed written consent already are governed by national standards for informed consent as designated by the Commissioner of Health and Senior Services by regulation, which may include, but need not be limited to, guidelines from the Office of Protection for Research Risk, the Food and Drug Administration or other appropriate federal agencies.
c. The provisions of this section shall not apply to newborn screening requirements established by State or federal law.
L.1996,c.126,s.9.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-49 - Violations, penalties for unlawful disclosure of genetic information

10:5-49. Violations, penalties for unlawful disclosure of genetic information
10. a. Any person violating the provisions of sections 6 through 9, inclusive, of P.L.1996, c.126 (C.10:5-45 through C.10:5-48) shall be a disorderly person and shall be punished by a fine of $1,000, a prison term of six months, or both.
b. Any person who willfully discloses an individual's genetic information to any third party in violation of P.L.1996, c.126 shall be punished by a fine of $5,000, a prison term of one year, or both.
c. Any person who discloses an individual's genetic information in violation of P.L.1996, c.126, shall be liable to the individual for all actual damages, including damages for economic, bodily, or emotional harm which is proximately caused by the disclosure.
L.1996,c.126,s.10.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-50 - Discrimination in housing for certain offenses; violations, fines, penalties.

10:5-50 Discrimination in housing for certain offenses; violations, fines, penalties.
17. a. A person alleging discrimination in public or private housing, real property, or a place of public accommodation, based on a prior arrest, charge, conviction, or adjudication of delinquency, for manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph (11) of subsection b. of N.J.S.2C:35-5,or a lesser amount of marijuana or hashish in violation of paragraph (12) of subsection b. of that section, or a violation of either of those paragraphs and a violation of subsection a. of section 1 of P.L.1987, c.101 (C.2C:35-7) or subsection a. of section 1 of P.L.1997, c.327 (C.2C:35-7.1) for distributing, dispensing, or possessing with intent to distribute or dispense, on or within 1,000 feet of any school property, or on or within 500 feet of the real property comprising a public housing facility, public park, or public building, or obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of marijuana or hashish in violation of paragraph (3) or (4) of subsection a., or subsection b., or subsection c. of N.J.S.2C:35-10, or a violation involving marijuana or hashish as described herein and a violation of N.J.S.2C:36-2 for using or possessing with intent to use drug paraphernalia with that marijuana or hashish, or an arrest, charge, conviction, or adjudication of delinquency under the laws of another state or of the United States of a crime or offense which, if committed in this State, would be a violation of any of the aforementioned crimes or offenses , regardless of when any such arrest, charge, conviction, or adjudication of delinquency occurred, may institute a civil action in the Superior Court for relief. All remedies available in common law tort actions shall be available to a prevailing plaintiff. The court may also order any or all of the following relief:
(1) an assessment of a civil fine of not less than $1,000 and not more than $2,000 for the first violation of any of the provisions of this section, and not more than $5,000 for each subsequent violation;
(2) an injunction to restrain the continued violation of subsection a. of this section;
(3) if the discrimination impacted the person's employment, and if applicable:
(a) reinstatement of the person to the same position of employment or to a position equivalent to that which the person held prior to unlawful discharge or retaliatory action;
(b) reinstatement of full fringe benefits and seniority rights; and
(c) compensation for any lost wages, benefits and other remuneration; and
(4) payment of reasonable costs and attorney's fees.
b. An action brought under this section shall be commenced within one year of the date of the alleged violation.
c. The private cause of action provided for in this section shall be the sole remedy for a violation of this section.
L.2021, c.19, s.17.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:7-2 - Reproductive choice rights.

10:7-2 Reproductive choice rights.
2. a. Every individual present in the State, including, but not limited to, an individual who is under State control or supervision, shall have the fundamental right to: choose or refuse contraception or sterilization; and choose whether to carry a pregnancy, to give birth, or to terminate a pregnancy. The New Jersey Constitution recognizes the fundamental nature of the right to reproductive choice, including the right to access contraception, to terminate a pregnancy, and to carry a pregnancy to term, shall not be abridged by any law, rule, regulation, ordinance, or order issued by any State, county, or local governmental authority. Any law, rule, regulation, ordinance, or order, in effect on or adopted after the effective date of this act, that is determined to have the effect of limiting the constitutional right to freedom of reproductive choice and that does not conform with the provisions and the express or implied purposes of this act, shall be deemed invalid and shall have no force or effect.
b. The provisions of this section shall be enforceable under the "New Jersey Civil Rights Act," P.L.2004, c.143 (C.10:6-1 et seq.) or in any other manner provided by law.
L.2021, c.375, s.2.
2023 New Jersey Revised Statutes › Title 11 - Civil Service › Section 11:9-2.1 - Residents' preference in employment

11:9-2.1. Residents' preference in employment
1. Notwithstanding any provisions of law relating to required residence for State employees in Title 11 of the Revised Statutes, the appointing authority of any State correctional facility located in a county with a population of more than 135,000 but less than 175,000 inhabitants, according to the 1990 federal decennial census, shall appoint to positions of employment with the facility residents of the county in which the facility is located and residents of any adjoining county with a population of less than 100,000, according to the 1990 federal decennial census, and shall give first preference in appointments to positions of employment to residents of the municipality in which the facility is located and second preference in appointments to positions of employment (1) to residents of the county in which the facility is located; (2), in the case of any such State correctional facility in operation on the effective date of P.L.1995, c.197, to residents of any adjoining county of the sixth class having a population of less than 100,000, according to the 1990 federal decennial census; and (3), in the case of any such State correctional facility which becomes operational after the effective date of P.L.1995, c.197, to residents of any adjoining county of the third class having a population of less than 70,000, according to the 1990 federal decennial census, provided that:
a. The residents permanently appointed possess at least the minimum qualifications required by Civil Service specifications for the available positions, have lived in the county for at least six months and have complied with other requirements of Title 11 of the Revised Statutes; and
b. A sufficient number of qualified residents exists for permanent appointment to available positions.
Except as otherwise provided in this section, third preference in appointments to positions of employment shall be given to residents of any adjoining county with a population of less than 100,000, according to the 1990 federal decennial census, who have lived in the adjoining county for at least six months and who otherwise meet the requirements of subsections a. and b. of this section.
L.1983,c.280,s.1; amended 1995,c.197,s.1.
2023 New Jersey Revised Statutes › Title 11 - Civil Service › Section 11:9-2.2 - Working test period and job training program

11:9-2.2. Working test period and job training program
The appointing authority shall establish a working test period and job training program for all persons to be appointed under the provisions of this act. The working test period and job training program shall conform to the criteria and standards utilized by the Department of Civil Service and shall be designed to provide at least the minimum qualifications required by Civil Service specifications for the available positions.
L.1983, c. 280, s. 2, eff. July 29, 1983.
2023 New Jersey Revised Statutes › Title 11 - Civil Service › Section 11:9-2.3 - Unavailability of qualified residents for positions; action to be taken

11:9-2.3. Unavailability of qualified residents for positions; action to be taken
If the appointing authority of any State correctional institution determines, after ample advertising, that an insufficient number of qualified residents exists for available positions, the appointing authority shall take such action as is necessary pursuant to Title 11 of the Revised Statutes to fill those positions.
L.1983, c. 280, s. 3, eff. July 29, 1983.
2023 New Jersey Revised Statutes › Title 11 - Civil Service › Section 11:9-2.4 - Inapplicability of act to current employees

11:9-2.4. Inapplicability of act to current employees
The provisions of this act shall not apply to persons currently employed by any State correctional facility.
L.1983, c. 280, s. 4, eff. July 29, 1983.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:1-2 - Declaration of policy

11A:1-2. Declaration of policy
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.
L. 1986, c. 112, s. 11A:1-2, eff. Sept. 25, 1986.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:2-1 - Civil service commission established.

11A:2-1 Civil service commission established.
11A:2-1. 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.
Amended 2008, c.29, s.1.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:2-3 - Members; term; quorum; vacancies; chairperson.

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 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.
Amended 2008, c.29, s.3.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 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.
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, 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.
Amended 2008, c.29, s.4.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:2-5 - Compensation.

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 Governor.
Amended 2008, c.29, s.5.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:2-6 - Powers and duties.

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 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.
Amended 2008, c.29, s.6.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:2-7 - Subpenas; oaths.

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. Subpenas issued under this section shall be enforceable by order of the Superior Court.
Amended 2008, c.29, s.7.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:2-11 - Powers and duties of the commission.

11A:2-11 Powers and duties of the commission.
11A:2-11. Powers and duties of the commission. 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.
amended 2008, c.29, s.8; 2019, c.346, s.2.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:2-11.1 - Title changes in the career 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 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 Juvenile 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.
L.2017, c.293, s.1.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:2-12 - Delegation.

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 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.
Amended 2008, c.29, s.9.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:2-13 - Opportunity for appointing authority hearing, alternative procedures.

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 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.
Amended 2004, c.104, s.1; 2008, c.29, s.10.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:2-14 - Notice to employee of right to appeal, alternative procedures.

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 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.
Amended 2004, c.104, s.2; 2008, c.29, s.11.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:2-15 - Appeal procedure.

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 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.
Amended 2008, c.29, s.12.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 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.
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 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.
Amended 2008, c.29, s.13.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:2-17 - Use immunity

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 person, except in a prosecution for perjury. The foregoing use immunity shall not be granted without prior written approval by the Attorney General.
L. 1986, c. 112, s. 11A:2-17, eff. Sept. 25, 1986.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:2-19 - Authority to increase or decrease penalty imposed.

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 penalty.
Amended 2008, c.29, s.15.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:2-20 - Forms of disciplinary action.

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 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.
Amended 2008, c.29, s.16.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:2-21 - Burden of proof

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. 25, 1986.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:2-22 - Back pay, benefits, seniority and reasonable attorney fees.

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 2008, c.29, s.17.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:2-23 - Political activity limited

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 engage in political activity during working hours.
L. 1986, c. 112, s. 11A:2-23, eff. Sept. 25, 1986.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:2-24 - Protection against reprisals.

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 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.
Amended 2008, c.29, s.18.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:2-28 - Law enforcement officers, certain, participation in intergovernmental transfer program.

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 commission's intergovernmental transfer program. These law enforcement officers, county sheriff and corrections officers shall be granted all privileges under the intergovernmental transfer program, including the option to waive all accumulated sick leave and seniority rights.
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.
L.2006, c.77, s.1; amended 2008, c.29, s.19.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:3-1 - Classification.

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 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.
Amended 2008, c.29, s.20.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:3-2 - Career service.

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 employees from one division to the other.
Amended 2008, c.29, s.21.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:3-2.1 - Findings, declarations

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 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.
L.1993,c.371,s.1.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:3-2.2 - Certain transfers, appointments prohibited

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 the senior executive service shall be transferred to or appointed to the noncompetitive division of the career service during the six-month period immediately preceding the termination of the Governor's four-year term. A transfer or appointment which violates the provisions of this section is void.
L.1993,c.371,s.2.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:3-3 - Senior executive service.

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 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.
Amended 2008, c.29, s.22.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:3-4 - State unclassified service.

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 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.
Amended 2008, c.29, s.23.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:3-4.1 - Rules, regulations concerning recordkeeping, record retention.

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 and regulations concerning recordkeeping and record retention requirements related to the recruitment, selection, hiring, and employment records of persons in the State's unclassified service. The recordkeeping and record retention requirements shall include, at minimum, written and electronic records concerning job advertisements, job applications, resumes, background checks, screening tools and tests, interview notes and other records related to the decisions to hire or not hire a person, and records related to job title and compensation, training, reasonable accommodation requests, promotions, demotions, transfers, performance evaluations, disciplinary actions, and terminations.
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.
L.2019, c.346, s.1.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 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.
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 unclassified service, the Civil Service Commission shall first hold a public hearing before reaching a determination.
Amended 2008, c.29, s.25.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:3-7 - Employee compensation.

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, 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.
Amended 2001, c.240; 2008, c.29, s.26.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:3-8 - Payroll audits.

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.
2023 New Jersey Revised Statutes › Title 11A - Civil Service › Section 11A:4-1 - Examinations.

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 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.
Amended 2008, c.29, s.28.