reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 2 - MAJOR DISCIPLINE › Section 4A:2-2.10 - Back pay, benefits and seniority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where a disciplinary penalty has been reversed, the Commission shall award back pay, benefits, seniority or restitution of a fine. Such items may be awarded when a disciplinary penalty is modified.
(b) Where a municipal police officer has been suspended based on a pending criminal complaint or indictment, following disposition of the charges the officer shall receive back pay, benefits and seniority pursuant to 40A:14-149.1 et seq.
(c) Where an employee, other than a municipal police officer, has been suspended based on a pending criminal complaint or indictment, following disposition of the charges the employee shall receive back pay, benefits and seniority if the employee is found not guilty at trial, the complaint or indictment is dismissed, or the prosecution is terminated.
1. Such items shall not be awarded when the complaint or indictment is disposed of through Conditional Discharge, 2C:36A-1, or Pre-Trial Intervention (PTI), 2C:43-12 et seq.
2. Where disciplinary action has been taken following disposition of the complaint or indictment, such items shall not be awarded in case of removal. In case of suspension, where the employee has already been suspended for more than six months pending disposition of the complaint or indictment, the disciplinary suspension shall be applied against the period of indefinite suspension. The employee shall receive back pay for the period of suspension beyond six months, but the appointing authority may for good cause deny back pay for the period beyond the disciplinary suspension up to a maximum of six months.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 2 - MAJOR DISCIPLINE › Section 4A:2-2.11 - Interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Civil Service Commission makes an award of back pay, it may also award interest in the following situations:
1. When an appointing authority has unreasonably delayed compliance with an order of the Commission or Chairperson, as applicable; or
2. Where the Commission finds sufficient cause based on the particular case.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 2 - MAJOR DISCIPLINE › Section 4A:2-2.12 - Counsel fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Civil Service Commission shall award partial or full reasonable counsel fees incurred in proceedings before it and incurred in major disciplinary proceedings at the departmental level where an employee has prevailed on all or substantially all of the primary issues before the Commission.
(b) When the Commission awards counsel fees, the actual amount shall be settled by the parties whenever possible.
(c) Subject to the provisions of (d) and (e) below, the following fee ranges shall apply in determining counsel fees:
1. Associate in a law firm: $ 100.00 to $ 150.00 per hour;
2. Partner or equivalent in a law firm with fewer than 15 years of experience in the practice of law: $ 150.00 to $ 175.00 per hour; or
3. Partner or equivalent in a law firm with 15 or more years of experience in the practice of law, or, notwithstanding the number of years of experience, with a practice concentrated in employment or labor law: $ 175.00 to $ 200.00 per hour.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 2 - MAJOR DISCIPLINE › Section 4A:2-2.13 - Removal appeals of certain law enforcement officers and firefighters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of this section:
1. "Law enforcement officer" or "officer" is defined as an individual employed as a permanent, full-time member of a State, county, or municipal law enforcement agency who is statutorily empowered to act for the detection, investigation, arrest, conviction, detention, or rehabilitation of persons violating the criminal laws of this State and statutorily required to successfully complete a training course approved by, or certified as substantially equivalent to such an approved course, by the Police Training Commission. See N.J.S.A. 52:17B-66 et seq. With the exception of the Juvenile Justice Commission, which is covered by this definition, the Department of Law and Public Safety shall not be considered a law enforcement agency for purposes of this definition.
2. "Firefighter" is defined as a full-time, paid firefighter employed by a public fire department as provided in N.J.S.A. 40A:14-200.
3. "Appellant" refers to a "law enforcement officer" or "firefighter" as defined in (a)1 and 2 above.
4. "Removal," "removal date," "and "removal effective date" shall mean the first date on which the law enforcement officer or firefighter is separated from employment without pay.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 3 - MINOR DISCIPLINE AND GRIEVANCES › Section 4A:2-3.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Minor discipline is a formal written reprimand or a suspension or fine of five working days or less.
(b) A grievance is an employee complaint regarding any term or condition that is beyond the employee's control and is remedial by management.
(c) The causes for minor disciplinary actions shall be the same as for major disciplinary actions. See 4A:2-2.3.
(d) This subchapter shall not apply to local service, where an appointing authority may establish procedures for processing minor discipline and grievances.
(e) In State service, this subchapter shall only apply to:
1. Minor discipline appeals of permanent employees in the career service or persons serving a working test period. Appointing authorities may establish procedures for other employees.
2. Grievance appeals of any employees in the career or unclassified services.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 3 - MINOR DISCIPLINE AND GRIEVANCES › Section 4A:2-3.2 - Minor discipline appeal to appointing authority: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where departmental minor discipline appeal procedures are established by a negotiated agreement, such agreement shall be the applicable appeal process.
(b) Employees not covered by a negotiated agreement or covered by an agreement that does not address a minor discipline appeal process shall request a departmental hearing within five days of receipt of a notice of discipline or such additional time as may be agreed to by the appointing authority.
1. The departmental hearing shall be conducted within 30 days of such request unless adjourned by the consent of the parties.
2. The burden of proof shall be on the appointing authority.
3. The department shall make a final written disposition of the charges within 20 days of the hearing on Appeal of Minor Disciplinary Action form (DPF-335), unless the parties have consented to a time extension. The lack of response by the department within this period shall be considered a denial of the appeal.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 3 - MINOR DISCIPLINE AND GRIEVANCES › Section 4A:2-3.3 - Grievance appeal to appointing authority: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where departmental grievance procedures are established by a negotiated agreement, such agreement shall be the applicable appeal process.
(b) An employee not covered by a negotiated agreement or covered by an agreement that does not address a grievance appeal process shall utilize the appeal procedures in this subchapter.
(c) When a grievance directly concerns and is shared by more than one grievant, the grievants may appeal as a group to the first level of supervision common to the grievants.
(d) A department may consolidate two or more grievances on the same issue and process them as a group grievance. All grievants shall be promptly notified of this action.
(e) An employee may amend a grievance during the initial step at which it is processed. Such amendment may only be made for the purpose of clarification and shall not be utilized to change the nature of the grievance or to include additional items.
(f) The burden of proof shall be on the employee.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 3 - MINOR DISCIPLINE AND GRIEVANCES › Section 4A:2-3.4 - Grievance procedure: Step One: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A grievance shall be presented in writing on the Grievance Procedure Form (DPF-251) to the office or individual designated by the department to process the matter. It must be filed within 30 calendar days from either the date on which the alleged act occurred or the date on which the grievant should reasonably have known of its occurrence. Efforts should be made to resolve the matter informally.
(b) All grievances shall:
1. Specify the particular act or circumstance being grieved;
2. State the requested remedy; and
3. Indicate whether the employee is representing himself or herself or the name of the employee's counsel or agent.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 3 - MINOR DISCIPLINE AND GRIEVANCES › Section 4A:2-3.5 - Grievance procedure: Step Two

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A grievant may appeal to the Department head or his or her designee within 10 calendar days of:
1. Receipt of the written decision at Step One; or
2. A lack of timely response by the department. See 4A:2-3.4(e).
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 3 - MINOR DISCIPLINE AND GRIEVANCES › Section 4A:2-3.6 - Conduct and scheduling of hearings and grievance meetings: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A grievant shall be entitled to at least one hearing on a grievance prior to the conclusion of Step Two, unless the grievance is satisfactorily resolved at Step One. In addition, a department, at its option, may also schedule a grievance meeting at either Step One or Step Two of the grievance process.
(b) A department may advance a grievance to Step Two of the grievance process. Timely notice of this action shall be supplied to the grievant.
(c) The following shall apply during a hearing at the department level:
1. An employee may be represented by legal counsel, an authorized union representative or appear on his or her own behalf. An employee may also be represented by such other agent as agreed to by the appointing authority. In a group grievance, a member of the group may be designated as the group representative;
2. Permission for a reasonable number of relevant witnesses shall be granted upon the request of the employee or his or her representative or agent;
3. The employee or his or her representative or agent shall act as a spokesperson for the grievant and one person shall act as a spokesperson for the department; and
4. The spokesperson for either party shall have the right to present evidence and examine witnesses.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 3 - MINOR DISCIPLINE AND GRIEVANCES › Section 4A:2-3.7 - Appeals from appointing authority decisions: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Minor discipline may be appealed to the Commission under a negotiated labor agreement or within 20 days of the conclusion of departmental proceedings under this subchapter, provided any further appeal rights to mechanisms under the agreement are waived.
1. The Civil Service Commission shall review the appeal upon a written record or such other proceeding as the Commission directs and determine if the appeal presents issues of general applicability in the interpretation of law, rule, or policy. If such issues or evidence are not fully presented, the appeal may be dismissed without further review of the merits of the appeal and the Commissions decision will be a final administrative decision.
2. Where such issues or evidence under (a)1 above are presented, the Commission will render a final administrative decision upon a written record or such other proceeding as the Commission directs.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 4 - TERMINATION AT END OF WORKING TEST PERIOD › Section 4A:2-4.1 - Notice of termination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employee terminated from service or returned to his or her former permanent title at the conclusion of a working test period due to unsatisfactory performance shall be given written notice in person or by certified mail by the appointing authority.
(b) The notice shall inform the employee of the right to request a hearing before the Civil Service Commission within 20 days of receipt of the notice.
(c) The notice shall be served not more than five working days prior to or five working days following the last day of the working test period. A notice served after this period shall create a presumption that the employee has attained permanent status.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 4 - TERMINATION AT END OF WORKING TEST PERIOD › Section 4A:2-4.2 - Time for appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An appeal shall be made in writing to the Civil Service Commission no later than 20 days from the employee's receipt of written notification from the appointing authority of the termination from service or return to a former permanent title.
(b) If the appointing authority fails to provide the notice as specified in 4A:2-4.1, an appeal must be filed within a reasonable time.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 4 - TERMINATION AT END OF WORKING TEST PERIOD › Section 4A:2-4.3 - Civil Service Commission hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An appeal to the Commission shall be processed in accordance with 4A:2-2.9.
(b) The employee has the burden of proof to establish that the action was in bad faith.
(c) If bad faith is found by the Commission, the employee shall be entitled to a new full or shortened working test period and other appropriate remedies. See 4A:2-1.5.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 5 - EMPLOYEE PROTECTION AGAINST REPRISALS OR POLITICAL COERCION › Section 4A:2-5.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An appointing authority shall not take or threaten to take any reprisal 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.
(b) An appointing authority shall not take or threaten to take any action against an employee in the career service or an employee in the senior executive service with career status based on the employee's permissible political activities or affiliations. This subchapter shall also apply to State service employees in the unclassified service who do not serve in policy-making or confidential positions.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 5 - EMPLOYEE PROTECTION AGAINST REPRISALS OR POLITICAL COERCION › Section 4A:2-5.2 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employee may appeal a reprisal or political coercion action to the Civil Service Commission within 60 days, which may be extended for good cause, of the action or the date on which the employee should reasonably have known of its occurrence.
(b) The appeal must be in writing and specify the basis for appeal.
(c) The Commission shall review the appeal and request any additional information, or conduct any necessary investigation.
(d) The Commission shall decide the appeal on a review of the written record or such other proceeding as it deems appropriate.
(e) Where improper reprisal or political coercion is established, the Commission shall provide appropriate protections and remedies to the employee.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 6 - RESIGNATIONS › Section 4A:2-6.1 - Resignation in good standing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any permanent employee in the career service may resign in good standing by giving the appointing authority at least 14 days written or verbal notice, unless the appointing authority consents to a shorter notice.
(b) The resignation shall be considered accepted by the appointing authority upon receipt of the notice of resignation.
(c) A request to rescind the resignation prior to its effective date may be consented to by the appointing authority.
(d) Where it is alleged that a resignation was the result of duress or coercion, an appeal may be made to the Civil Service Commission under 4A:2-1.1.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 6 - RESIGNATIONS › Section 4A:2-6.2 - Resignation not in good standing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an employee resigns without complying with the required notice in 4A:2-6.1, he or she shall be held as having resigned not in good standing.
(b) Any employee who is absent from duty for five or more consecutive business days without the approval of his or her superior shall be considered to have abandoned his or her position and shall be recorded as a resignation not in good standing. Approval of the absence shall not be unreasonably denied.
(c) An employee who has not returned to duty for five or more consecutive business days following an approved leave of absence shall be considered to have abandoned his or her position and shall be recorded as a resignation not in good standing. A request for extension of leave shall not be unreasonably denied.
(d) Where an employee is resigned not in good standing under (a), (b), or (c), the employee shall be provided with notice and an opportunity for a departmental hearing under 4A:2-2.5, and Final Notice and a right to appeal to the Civil Service Commission under 4A:2-2.8. An employee shall be in unpaid status pending the departmental decision. Should an employee seek to return to employment pending the departmental decision, a review under 4A:2-2.5(b)  shall be conducted prior to continuation of the unpaid status.
(e) Where the resignation is reversed, the employee shall be entitled to remedies under 4A:2-2.10.
(f) The appointing authority or the Commission may modify the resignation not in good standing to an appropriate penalty or to a resignation in good standing.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 6 - RESIGNATIONS › Section 4A:2-6.3 - General resignation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A general resignation is a third category of employee resignation from employment, distinct from a resignation in good standing and a resignation not in good standing.
(b) An employee may be deemed to have received a general resignation from employment for purposes of reaching a settlement in a disciplinary action appealed by an employee to the appointing authority or to the Civil Service Commission in accordance with N.J.A.C. 4A:2-2. The settlement shall clearly state in writing that the parties have agreed to a general resignation as a resolution to the disciplinary appeal.
(c) An appointing authority may not unilaterally impose a general resignation on an employee.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 1 - CAREER AND UNCLASSIFIED SERVICES › Section 4A:3-1.1 - Career service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All job titles shall be allocated to the career service, except for those job titles allocated by the Civil Service Commission to the unclassified service as provided in N.J.A.C. 4A:3-1.3 and those positions in State service allocated by the Civil Service Commission to the Senior Executive Service as provided in N.J.A.C. 4A:3-2.
(b) Before a title in the career service is reallocated to the unclassified service, the Civil Service Commission shall hold a public hearing to solicit comment with respect to the criteria set forth in N.J.A.C. 4A:3-1.3.
(c) When a title is reallocated from the career service to the unclassified service by the Civil Service Commission or by legislative enactment, incumbents with permanent status in the title shall retain all career service rights so long as they remain in that title. When a permanent incumbent is appointed to a different, unclassified title, the employee shall retain only those rights to a Civil Service Commission hearing available to career service employees upon separation from government service for disciplinary reasons (see N.J.A.C. 4A:2-2 ) or due to layoff (see N.J.A.C. 4A:8).
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 1 - CAREER AND UNCLASSIFIED SERVICES › Section 4A:3-1.2 - Divisions within the career service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Civil Service Commission shall allocate and reallocate career service titles between the competitive and noncompetitive divisions.
(b) A career service job title in the competitive division is subject to the competitive examination procedures of N.J.A.C. 4A:4-2, except as provided in 4A:3-3.2A.
(c) A job title may be placed in the noncompetitive division on an ongoing or interim basis when it is determined by the Civil Service Commission that it is appropriate to make permanent appointments to the title and one or more of the following criteria are met.
1. Competitive testing is not practicable due to the nature of the knowledge, skills, and abilities associated with the job;
2. Certification procedures based on ranked eligible lists have not or are not likely to meet the needs of appointing authorities due to such factors as salary, geographic location, recruitment problems, and working conditions; or
3. There is a need for immediate appointments arising from a new legislative program or major agency reorganization.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 1 - CAREER AND UNCLASSIFIED SERVICES › Section 4A:3-1.3 - Unclassified service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A job title shall be allocated by the Civil Service Commission to the unclassified service when:
1. In State service, the title is so designated under 11A:3-4;
2. In local service, the title is so designated under 11A:3-5;
3. The title is designated unclassified by another specific statute;
4. A specific statute provides that incumbents in the title serve for a fixed term or at the pleasure of the appointing authority; or
5. The Civil Service Commission determines that it is not practicable to determine merit and fitness for appointment in or promotion to that title by examination and that it is not appropriate to make permanent appointments to the title.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 1 - CAREER AND UNCLASSIFIED SERVICES › Section 4A:3-1.4 - Unclassified secretaries and confidential assistants: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In State service, each department head, principal executive officer, board and commission may appoint one unclassified secretary and one unclassified confidential assistant.
(b) Requests for such unclassified appointments shall be made to the Chairperson, accompanied by documentation showing that no more than one person is serving in each such unclassified title in the requesting authority. In the case of boards and commissions, the following criteria must be satisfied:
1. The board or commission must have the actual power to administer a statutorily designated function; and
2. The board or commission must have the full power of an appointing authority with regard to its personnel.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 2 - SENIOR EXECUTIVE SERVICE › Section 4A:3-2.1 - General provisions: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Senior Executive Service (abbreviated "SES") shall consist of those specific positions in State government allocated by the Civil Service Commission to the SES in accordance with N.J.S.A. 11A:3-3 and this subchapter.
(b) No more than 1,200 positions shall be allocated to the SES in all departments.
(c) No less than 85 percent of all positions allocated to the SES shall be filled by individuals with career status. Career status means permanent status in a career service title in State government, including those on an approved leave of absence from a permanent career position.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 2 - SENIOR EXECUTIVE SERVICE › Section 4A:3-2.2 - Designation of SES positions: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be allocated to the SES, a position must have substantial managerial, policy influencing or policy executing responsibilities. Allocations to SES shall be determined on the basis of specific positions, not by job titles or category.
1. A substantial managerial or policy executing position is one which has significant control of substantial resources, responsibility for major programmatic outcomes and/or responsibility for a major organizational unit.
2. A policy influencing position is one which has influence on the department's/agency's direction, mission, priorities, major goals or objectives.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 2 - SENIOR EXECUTIVE SERVICE › Section 4A:3-2.3 - SES appointments: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The SES selection process includes the following:
1. Notice of vacancies in SES positions shall be posted, at a minimum, within the department in which the vacancies exist. Posting is not required if the department selects the incumbent for a position at the time of the initial allocation to the SES.
i. A department head wishing to circulate a Statewide posting of the vacancy shall do so through the Chairperson or designee.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 2 - SENIOR EXECUTIVE SERVICE › Section 4A:3-2.4 - SES performance evaluation: State service

Current through Register Vol. 56, No. 14, July 15, 2024
The performance of all SES members shall be evaluated annually by the department head or designee in accordance with evaluation procedures set by the Chairperson or designee.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 2 - SENIOR EXECUTIVE SERVICE › Section 4A:3-2.5 - SES compensation: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Positions allocated to the SES shall be designated as no-range, which means that no class code is designated for the position. However, salary payments for SES positions are subject to restrictions established by the Chairperson and the Director, Management and Budget, under their legal authority.
(b) An incumbent with career status whose position is allocated to the SES, and who is appointed as an SES member, shall receive an initial salary that is no less than the salary at the time of his or her appointment as an SES member.
(c) After initial appointment, salary advancement shall be based upon performance. There shall not be specific steps within each salary level, nor increments based upon length of service.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 2 - SENIOR EXECUTIVE SERVICE › Section 4A:3-2.6 - SES benefits: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Effective January 1, 1997, SES members with underlying career service status shall be entitled to the same amount of vacation, sick, and administrative leave received by career service employees. See 4A:6-1.2, 1.3, and 1.9. SES members without underlying career status shall be subject to the unclassified leave plan, if any, utilized in his or her department.
(b) SES members shall be entitled to participate in all leave-related programs open to career service employees and employees in the executive/senior management cadre of a department, including State family leave, Federal family and medical leave, donated leave, and the voluntary furlough program. See N.J.A.C. 4A:6.
(c) An SES member may apply for a career service promotional examination in his or her current unit scope, as long as the permanent title he or she held immediately prior to SES appointment would have made the SES member eligible for the examination.
1. If the SES member had been permanent in a job band, and in accordance with 4A:3-3.2 and 4A:4-2.6 would be eligible for a promotion outside of the band, the SES member may apply for the promotional test.
2. If the movement in a job band would be an advancement appointment to a higher level within the band, the SES member may apply for the advancement in accordance with 4A:3-3.2.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 3 - CLASSIFICATION › Section 4A:3-3.1 - Classification of positions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each position in the career and unclassified services shall be assigned by the Civil Service Commission to a job title.
(b) Positions in the career service shall, on the basis of job analysis, be assigned the title which:
1. Describes the duties and responsibilities to be performed and the level of supervision exercised and received;
2. Establishes the minimum education and experience qualifications necessary for successful performance; and
3. In State service, sets the level of compensation.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 3 - CLASSIFICATION › Section 4A:3-3.2 - Establishment of classification plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Civil Service Commission shall establish and maintain classification plans for all job titles in the career, senior executive, and unclassified services.
(b) The classification plans shall consist of:
1. A list of job titles;
2. A job specification for each title, which shall include a descriptive summary of duties and responsibilities of a position or group of positions which are sufficiently similar in content to be assigned a job title; and
3. A list of job bands to which titles have been assigned (see 4A:3-3.2A ).
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 3 - CLASSIFICATION › Section 4A:3-3.3 - Administration of classification plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chairperson or designee shall implement and administer the classification plans and, in this regard, shall:
1. Classify new positions and reclassify existing positions through job analysis;
2. Establish new titles, abolish unnecessary titles, and consolidate titles where a single title is appropriate for the grouping of positions with similar qualifications, authority, and responsibility;
3. Modify specifications for existing titles or series to ensure their accuracy; and
4. Notify appointing authorities and provide for notice to other affected persons of changes in classification plans.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 3 - CLASSIFICATION › Section 4A:3-3.4 - Title appropriate to duties performed

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall be appointed or employed under a title not appropriate to the duties to be performed nor assigned to perform duties other than those properly pertaining to the assigned title which the employee holds, unless otherwise provided by law or these rules.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 3 - CLASSIFICATION › Section 4A:3-3.5 - Reclassification of positions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the duties and responsibilities of a position change to the extent that they are no longer similar to the duties and responsibilities set forth in the specification and the title is no longer appropriate, the Chairperson or designee, shall after review:
1. Reclassify the position to a more appropriate title if there is one;
2. Establish a new title to which the position shall be reclassified; or
3. Take other appropriate action based on the organizational structure of the appointing authority.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 3 - CLASSIFICATION › Section 4A:3-3.6 - New titles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Civil Service Commission may determine that a new title or title series is necessary, when it is found that a new set of functions is assigned to the position(s) being reviewed and these new functions are not appropriately described by an existing title or title series.
(b) Requests for new titles or title series must be submitted in writing by the appointing authority to an appropriate representative of the Civil Service Commission on a designated form. In State service, such requests shall be submitted by the agency representative. The request must include:
1. A detailed explanation of why the new title is needed and why an existing title cannot be used or specification modified;
2. Designation of any title to be abolished or replaced; and
3. Any other information requested by the Commission representative.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 3 - CLASSIFICATION › Section 4A:3-3.7 - Trainee, apprentice, recruit, and intern titles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Trainee, apprentice, recruit, and intern titles may be established in State and local service to provide for entry level employment.
1. Unless otherwise specified, this section applies to all titles designated by the term "trainee" and to other titles where the job specification necessitates the application of this section, such as apprentice, recruit, and intern titles.
2. A single trainee title may provide entry level employment for more than one title or title series, under appropriate circumstances.
3. In State service, trainee positions are established by the temporary downward classification of another title.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 3 - CLASSIFICATION › Section 4A:3-3.7A - Police Assistant title: local service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The regular appointment of an employee to the title of Police Assistant shall be in the competitive division of the career service. An employee so appointed shall meet the minimum requirements set forth in the job specification and satisfactorily complete a working test period. See 4A:4-5.2(d).
(b) Removal of an employee serving permanently in the title of Police Assistant shall be done in accordance with major disciplinary procedures. See N.J.A.C. 4A:2-2.
(c) Subject to the provisions of (d) below, an employee serving permanently in the title of Police Assistant who meets one or more of the following conditions shall be removed from the Police Assistant title for cause:
1. Unsatisfactory performance rating, notwithstanding satisfactory completion of the working test period;
2. Failure to satisfactorily complete the Police Academy Special Law Enforcement Officer Class 1 Training Program, or equivalent, provided by the appointing authority;
3. Failure to meet the criteria for promotional eligibility by the announced closing date;
4. Failure to apply for the examination for the title of Police Officer when the employee meets the criteria for promotional eligibility by the announced closing date;
5. Failure of the examination for the title of Police Officer; or
6. One or more of the general causes for discipline set forth in 4A:2-2.3.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 3 - CLASSIFICATION › Section 4A:3-3.7B - Correctional Police Officer Apprentice title: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The appointment of an employee to the title of Correctional Police Officer Apprentice shall be a temporary appointment from a certification of Correctional Police Officer eligibles on an entry-level law enforcement eligible list. The purpose of this temporary appointment is to ensure that individuals so appointed shall receive training appropriate to the duties of a Correctional Police Officer in accordance with the Police Training Act. See N.J.S.A. 52:17B-66et seq.
(b) Notwithstanding the employee's temporary appointment in State service, the employee shall not accrue seniority for purposes of layoffs (N.J.A.C. 4A:8-2.4) or vacation leave accruals (N.J.A.C. 4A:6-1.2) while serving in the title of Correctional Police Officer Apprentice.
(c) The length of the period of temporary appointment to the title of Correctional Police Officer Apprentice shall be established by the Department of Corrections; provided, however, that the length of this period shall be the same for all employees receiving the appointment from the same certification, but in no case longer than six months.
(d) Upon successful completion of the residential training program required by the Police Training Act, and in-service training provided by the Department of Corrections under the authority of the Police Training Commission, the employee serving in the title of Correctional Police Officer Apprentice shall receive a regular appointment to the title of Correctional Police Officer.
(e) An individual who receives a regular appointment to the title of Correctional Police Officer in accordance with (d) above but who had permanent status in another title in State service as of the time of temporary appointment shall be considered to have been on an unpaid leave of absence from his or her original State position during the period of temporary appointment. Such permanent service prior to the leave of absence shall be aggregated to calculate the employee's seniority for layoff purposes, as well as to determine his or her vacation benefit at the time of the employee's regular appointment to the title of Correctional Police Officer.
(f) Notwithstanding any provisions in Title 4A of the New Jersey Administrative Code to the contrary, employees receiving a temporary appointment to the title of Correctional Police Officer Apprentice shall not have any appeal rights to the Civil Service Commission during the period of temporary appointment. Such employees' sole right of appeal shall be to the Police Training Commission. See N.J.A.C. 13:1-11.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 3 - CLASSIFICATION › Section 4A:3-3.8 - Intermittent titles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In State service and in local service upon approval of the Chairperson or designee, the designation "intermittent" shall be used for those titles in the career service where work responsibilities are characterized by unpredictable work schedules and which do not meet the normal criteria for regular, year-round, full-time or part-time assignments. State employees who hold full-time primary employment in State service are not eligible to serve in an intermittent title.
(b) In State service, employees may be subject to furlough when, due to managerial needs, the employee cannot be scheduled for work within the next week.
1. A furlough shall not be considered a layoff, nor shall the notice obligations or layoff rights set forth in N.J.A.C. 4A:8 be applicable to intermittent employees subject to furlough. However, reasonable advance written notice shall be given to furloughed employees.
2. Furloughing shall be done in the inverse order of seniority in the designated work unit based on official records at the end of the last pay period. Prior to use by the appointing authority, designated work units must be submitted to and approved by the Chairperson or designee.
3. Recall from furlough shall be made in seniority order from among furloughed employees assigned to the designated work unit. Employees who hold full-time primary employment in State service are exempt from the recall provision.
4. In case of equal seniority, the tie shall be broken based on the number of hours in pay status under temporary employment during the last two years immediately preceding conversion to an intermittent title.
5. Recall may be extended on a regional or Statewide basis if the recall list for the designated work unit is exhausted.
6. Additional furlough procedures may be set by the Chairperson or designee.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 4 - COMPENSATION › Section 4A:3-4.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In local service, appointing authorities shall establish compensation plans that provide for paying employees in reasonable relationship to their job titles.
1. Each appointing authority shall provide a current copy of its compensation plan to an appropriate representative of the Civil Service Commission, and shall provide any subsequent modifications within 20 days after adoption.
2. When a salary range is established for a job title, an employee shall not be paid a base salary below the minimum or above the maximum established for that range.
3. An appointing authority may request information and technical assistance from an appropriate representative of the Civil Service Commission in developing compensation plans.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 4 - COMPENSATION › Section 4A:3-4.2 - Job evaluation: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each new job title shall be evaluated, and existing job titles reevaluated, based upon the New Jersey Job Content Evaluation System as approved by the Chairperson or designee. Class codes shall be designated for job titles through this evaluation process. However, the Chairperson or designee may, in appropriate circumstances, designate a job title as no-range, meaning that no class code is designated, or may assign a single rate, and may include restrictions on salary payments for such titles.
(b) Once the class code for a job title is designated, the salary range shall be determined according to workweek and work year as follows (see 4A:6-2.2 and 2.3 for designation of workweek):
1. The salary range for NL and NE titles shall be the same as the class code;
2. The salary range for 35 hour and 3E titles shall be one range lower than the class code;
3. The salary range for 40 hour, 4E and N4 titles shall be one range higher than the class code;
4. The salary range for 10 month titles shall be three ranges lower than the class code.
EXAMPLE: A job title has been designated class code 18 through the evaluation process. The salary range will be determined based on work week and work year as follows:
Work Week
Salary Range
NL, NE
18
35, 3E
17
40, 4E, N4
19
Work Year
10 Month (NL or NE)
15
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 4 - COMPENSATION › Section 4A:3-4.3 - Job reevaluation requests and appeals: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Appointing authorities may request a reevaluation by the Chairperson or designee of a job title to determine its proper class code. The request, which shall be submitted through the agency representative, must include a brief rationale for the request, an organization chart, and the requested new salary level. The Chairperson or designee may require additional information to be submitted in a manner and form as determined by the Chairperson or designee.
(b) An appeal by an employee or authorized employee representative for a reevaluation shall be submitted, in writing, to the agency representative. The appeal must identify and explain the areas of substantive change in job content or other change in job evaluation factors through written narrative and a revised job specification, which shall be marked to indicate changes, and include evidence that the change in job content affects all employees in the title. A representative of the Civil Service Commission may require additional information to be submitted in a manner and form as determined by the Chairperson or designee.
1. The agency representative shall review the appeal and ensure that the information set forth in (b) above has been included. Within 10 days of receipt of the appeal, the appointing authority representative shall either notify the appellant that specific additional information is required, or shall forward the appeal to the Civil Service Commission and so notify the appellant, and may indicate a recommended approval or rejection of the appeal for specified reasons. If additional information is required, the agency representative shall forward the appeal to the Civil Service Commission within 10 days of receipt of the appellant's response to the request for additional information.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 4 - COMPENSATION › Section 4A:3-4.4 - Salary rates for initial appointments: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An appointing authority may place a new employee at a salary step up to and including the fourth step of the salary range for the employee's title. A new employee, for purposes of this section, is one who has had no immediate prior State service with that appointing authority. See 4A:4-7.4(b)  for transfers.
(b) When the employee has separated from another State appointing authority, a State college, Rutgers, the State University, the New Jersey Institute of Technology, or the University of Medicine and Dentistry of New Jersey, and has been hired without an interruption in service, the employee may be placed up to and including that step of the salary range that the employee would receive if the employee had been continuously employed in the new agency.
(c) An authorized hiring rate (AHR) is the set salary for initial appointments to particular job titles as established by the Chairperson. When an AHR is established or changed, current employees in such titles whose salaries are below the AHR shall be advanced to the AHR, and current employees in such titles whose salaries are the same as the AHR may be advanced by the Chairperson.