reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 71 - ADDRESS CONFIDENTIALITY PROGRAM › Subchapter 11 - PROTECTED VOTER RECORDS › Section 3A:71-11.2 - Processing of protected voter records

Current through Register Vol. 56, No. 14, July 15, 2024
Voter records of program participants shall be processed in
				  accordance with the procedures adopted by the county elections superintendent that
				  ensure the confidentiality of the addresses of all ACP program
				  participants.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 80 - INSTRUCTIONAL STAFF › Subchapter 1 - TENURE › Section 3A:80-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter implements the provisions of
				  N.J.S.A.
				  18A:60-1 et seq. which grant tenure rights to
				  instructional staff of the Department of Human Services.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 80 - INSTRUCTIONAL STAFF › Subchapter 1 - TENURE › Section 3A:80-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter applies to all individuals
				employed by the Department of Human Services who:
1. Are required to possess appropriate educational
				certification as a condition of employment; and
2. Are not otherwise included in the New Jersey
				Department of Personnel career service.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 80 - INSTRUCTIONAL STAFF › Subchapter 1 - TENURE › Section 3A:80-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
When used in this subchapter, the following terms shall have the
				  indicated meanings, unless the context clearly indicates otherwise.
"Break in service" means resigning or leaving a tenured position
				  for any purpose including to enter a career service; a non-tenured, unclassified
				  service; or a Senior Executive Service position.
"Instructional staff member" means a member of the professional
				  staff of the Office of Education or any facility in the Department of Human
				  Services, holding position, employment or function of such character that the
				  qualifications require him or her to possess a valid and effective standard
				  certificate issued by the State Board of Examiners, appropriate to his or her
				  assignment, as determined by the Director, Office of Education. Applications of time
				  earned during possession of emergency or provisional certifications are described in
				  N.J.A.C. 3A:80-1.5.
"Office of Education" means the Office of Education within the
				  Department of Human Services.
"One year of service" means, for seniority purposes only, 12
				  months of employment in pay status in a tenure-applicable title in the Department of
				  Human Services. A service period commences on the date of appointment into a
				  tenure-applicable title. Examples of tenure-applicable titles are Teacher I; Teacher
				  II; Supervisor of Educational Programs I and II; Assistant Supervisor of Educational
				  Programs I and II; Instructor, Commission for the Blind and Visually Impaired;
				  School Psychologist; Learning Disabilities Specialist; School Social Worker; and
				  other educational titles that require staff to hold valid and effective standard
				  certificates, issued by the State Board of Examiners appropriate to the assignment
				  as determined by the Director, Office of Education.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 80 - INSTRUCTIONAL STAFF › Subchapter 1 - TENURE › Section 3A:80-1.4 - Scope of tenure

Current through Register Vol. 56, No. 14, July 15, 2024
Once tenure is acquired by an employee, such standing shall apply
				  throughout the Department of Human Services. If, however, the employee experiences a
				  break in service, he or she will forfeit tenure rights.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 80 - INSTRUCTIONAL STAFF › Subchapter 1 - TENURE › Section 3A:80-1.5 - Eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to fulfillment of the requirements
				set forth in
				N.J.A.C. 3A:80-1.2, and pursuant
				to
				N.J.S.A.
				18A:60-1 et seq., those individuals who have been
				continuously employed for at least two academic years in an instructional capacity
				within the Department of Human Services as of July 1, 1986 and have completed at
				least two years of educational services with satisfactory evaluations shall acquire
				tenure upon completion of one additional year of satisfactory service.
(b) Those individuals who do not meet the
				requirements set forth in (a) above, but were employed on or after July 1, 1986,
				shall be eligible for tenure:
1. After continuous
				employment for three consecutive years; or
2. After employment for the equivalent of more
				than three years within a period of four consecutive academic years.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 80 - INSTRUCTIONAL STAFF › Subchapter 1 - TENURE › Section 3A:80-1.6 - Notice of reemployment; non-reemployment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All notices under
				this section, including the recommendation for reemployment or the 60-day notice of
				nonreemployment, shall be made by the appointing authority and the Director, Office
				of Education, or his or her qualified designee for all instructional staff.
1. By the appointing authority, in conjunction
				with an educationally certified supervisor or educationally certified administrator,
				for non-supervisory or non-administrative instructional staff;
2. By the appointing authority, in conjunction
				with the Director, Office of Education, or his or her qualified designee, for all
				supervisory or administrative staff.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 80 - INSTRUCTIONAL STAFF › Subchapter 1 - TENURE › Section 3A:80-1.7 - Performance assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The supervision and evaluation of
				instructional staff shall be conducted by educationally certified supervisors
				employed in an educational capacity within the Department of Human Services or by
				the Director, Office of Education, or his or her appropriately qualified designee,
				in conjunction with the appointing authority.
(b) For purposes of evaluation of non-tenured
				instructional staff, the following provisions shall apply.
1. An educationally certified supervisor, an
				educationally certified administrator or the Director, Office of Education, as
				appropriate, shall conduct the annual Performance Assessment.
2. The annual Performance Assessment shall consist
				of a minimum of three observations, three written evaluations, and three
				conferences.
3. Each of the three
				observations required pursuant to
				N.J.S.A.
				18A:27-3.1 shall be conducted for a duration
				appropriate to an individual's duties and responsibilities but for at least one
				class or lesson period for a teacher or instructor.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 80 - INSTRUCTIONAL STAFF › Subchapter 1 - TENURE › Section 3A:80-1.8 - Disciplinary action-tenured staff

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In a case where
				disciplinary action is recommended or implemented, which does not involve dismissal
				or reduction in salary, as a result of charges made against a tenured employee of
				the Department of Human Services, the appointing authority and the Director, Office
				of Education, or his or her qualified designee shall act in accordance with
				Department of Human Services Administrative Order 4:08, a copy of which may be
				obtained from the employing facility.
(b) In a case where disciplinary action will
				result in dismissal or reduction in salary, for reasons other than inefficiency, the
				charges shall be filed with the Director of Employee Relations. The charges shall be
				stated with specificity as to the action or behavior underlying the charges and
				shall be accompanied by a supporting statement of evidence, both of which shall be
				executed under oath by the person or persons instituting such charges.
(c) The charges, along with the required sworn
				statement of evidence, shall be transmitted to the affected employee and the
				employee's representative, if known, within three working days of the date they were
				filed with the Director of Employee Relations. Proof of mailing or in-person
				delivery shall constitute proof of transmittal.
(d) The affected tenured employee shall have the
				opportunity to submit to the Director of Employee Relations a written statement of
				position and a written statement of evidence, both of which shall be executed under
				oath with respect thereto, within 15 days of receipt of the tenure
				charges.
(e) Within 45 days of receipt
				of the affected tenured employee's written statement of evidence under oath or upon
				expiration of the allotted 15-day time period, the Director of Employee Relations
				shall determine whether there is probable cause to credit the evidence in support of
				the charges and whether such charges, if credited, are sufficient to warrant a
				dismissal or reduction of salary.
(f)
				The Director of Employee Relations shall immediately notify in writing the affected
				employee against whom the charge has been made of the determination, in person or by
				certified mail to the last known address of the employee and the employee's
				representative, if known.
(g) If the
				Director of Employee Relations determines that probable cause exists and that the
				charges, if credited, warrant dismissal or reduction in salary, he or she shall file
				such charges and the required certification with the Commissioner of the Department
				of Education, together with proof of service upon the employee and the employee's
				representative, if known.
(h) Procedures
				for tenure charges based on inefficiency and procedures governing processing and
				hearing provisions subsequent to the filing of charges in (g) above are set forth at
				N.J.A.C.
				6A:3-5.1 through 5.6.
New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 80 - INSTRUCTIONAL STAFF › Subchapter 1 - TENURE › Section 3A:80-1.9 - Reduction in force

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing contained in N.J.S.A. 18A shall be held to limit the right
				  of the Commissioner of Human Services in the case of any educational program
				  conducted under his or her jurisdiction, supervision or control, to reduce the
				  number of instructional staff in any such educational program or programs when the
				  reduction is due to natural diminution of the number of students participating in
				  the educational program or programs, subject to N.J.A.C. 6:3-5.1.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 1 - PURPOSE, SCOPE AND DEFINITIONS › Section 4A:1-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of these rules is to establish a personnel system that provides a fair balance between managerial needs and employee protections for the effective delivery of public services consistent with Title 11A, New Jersey Statutes. See 11A:1-2.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 1 - PURPOSE, SCOPE AND DEFINITIONS › Section 4A:1-1.2 - Scope, applicability, and invalidation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All appointing authorities and employees subject to Title 11A, New Jersey Statutes, shall comply with these rules.
(b) These rules shall apply only to the career service unless otherwise specified.
(c) These rules shall be considered the means by which the statutory purposes of the civil service system are carried out. The Civil Service Commission may relax these rules for good cause in a particular situation, on notice to affected parties, in order to effectuate the purposes of Title 11A, New Jersey Statutes.
(d) If a rule or part of a rule is declared invalid for any reason, the remainder of the rules shall not be affected by such determination.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 1 - PURPOSE, SCOPE AND DEFINITIONS › Section 4A:1-1.4 - Petition for promulgating, amending, or repealing rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any interested person may file a petition with the Chairperson to promulgate, amend, or repeal a rule.
(b) A petition must include the reasons for the request.
(c) A petition for a new rule must include the substance or nature of the request, the proposed text of the new rule, and the statutory authority under which the requested action may be taken.
(d) A petition for an amended rule must indicate any existing text to be deleted and include any new text to be added.
(e) The Chairperson shall, in writing, either deny the petition or approve the petition for processing.
(f) Notice of the petition and the Chairperson's decision shall be filed with the Office of Administrative Law pursuant to 1:30-4.2.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 1 - PURPOSE, SCOPE AND DEFINITIONS › Section 4A:1-1.5 - Rulemaking procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After a rule proposal has been approved for publication by the Civil Service Commission, the Commission shall file the notice of proposal with the Office of Administrative Law for public notice and comment, and shall make the notice of proposal available by:
1. Mailing or e-mailing it to interested persons or persons who have made a timely request for it;
2. Distributing it to the Commission's subscription-based, electronic mailing list;
3. Distributing it to the news media maintaining a press office in the State House Complex; and
4. Publishing it on the Commission website, no later than the date of publication of the notice in the New Jersey Register, which shall satisfy the additional method of publicity requirement set forth in 1:30-5.2(a)6.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 2 - RECORDS › Section 4A:1-2.1 - Civil Service Commission access to appointing authority records and information

Current through Register Vol. 56, No. 14, July 15, 2024
Appointing authorities shall provide Civil Service Commission representatives free access to their premises and to requested records and information.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 2 - RECORDS › Section 4A:1-2.2 - Public records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following Civil Service Commission records shall be public:
1. An individual's name, title, salary, compensation, dates of government service, and reason for separation;
2. Information on specific educational or medical qualifications required for employment, but not any information relating to an individual's medical, psychiatric, or psychological history, diagnosis, treatment, or evaluation;
3. Final orders of the Commission; and
4. Other records which are required by law to be made, maintained, or kept on file.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 3 - ORGANIZATION › Section 4A:1-3.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Civil Service Commission is established in, but not of, the Department of Labor and Workforce Development in the Executive Branch of State Government, and consists of the:
1. Chairperson;
2. Civil Service Commission; and
3. Such subdivisions as the Chairperson may deem necessary.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 3 - ORGANIZATION › Section 4A:1-3.2 - Chairperson

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chairperson shall:
1. Serve as chairperson of the Civil Service Commission; and
2. Serve as the administrator, the chief executive officer, and the appointing authority of the Commission, as well as the request officer of the Commission, within the meaning of such term as defined in P.L. 1944, c. 112, § 1.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 3 - ORGANIZATION › Section 4A:1-3.3 - Civil Service Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Civil Service Commission shall:
1. Hold a public meeting at least once each month, except August, at which three members shall constitute a quorum;
2. Render final administrative decisions on appeals and on other matters referred by the Chairperson;
3. Adopt rules for implementing Title 11A, New Jersey Statutes after public hearing, except that a public hearing shall not be required for the adoption of emergency rules. See 1:30-4.5 for Office of Administrative Law emergency rule adoption procedures;
4. Interpret the application of Title 11A, New Jersey Statutes, to any public body or entity;
5. Perform such other duties as prescribed by law and these rules.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 4 - DELEGATION, CONSOLIDATION AND PILOT PROGRAMS › Section 4A:1-4.1 - Delegation to appointing authorities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chairperson may delegate to an appointing authority one or more of the following functions:
1. Classifying and reclassifying positions;
2. Announcing examinations and collecting applications;
3. Administering examinations prepared by Civil Service Commission staff;
4. Implementing promotions upon waiver of competitive examination;
5. Certifying lists of eligibles; and
6. Other technical personnel functions.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 4 - DELEGATION, CONSOLIDATION AND PILOT PROGRAMS › Section 4A:1-4.2 - Consolidation State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Civil Service Commission, in consultation with affected departments, may direct the temporary or permanent consolidation and coordination of personnel, training, and related functions in the State service.
(b) A consolidation order may affect one or more State agencies and shall designate the functions to be consolidated.
(c) Consolidation may be directed for one or more of the following reasons:
1. An appointing authority has demonstrated inadequate or improper performance;
2. Economy or efficiency; or
3. Emergent situations.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 4 - DELEGATION, CONSOLIDATION AND PILOT PROGRAMS › Section 4A:1-4.3 - Pilot programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Civil Service Commission may establish pilot programs, not to exceed one year, outside of the provisions of Title 11A, New Jersey Statutes, and these rules.
(b) Pilot programs may include, but are not limited to, the following:
1. Recruitment and selection;
2. Classification; and
3. Job sharing.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 5 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 4A:1-5.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
"ADA" means the Americans with Disabilities Act, 42 U.S.C. §§
										12101 et seq.
"Agency" means the New Jersey Civil Service Commission.
"Designated decision maker" means the Chairperson or his or her designee.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 5 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 4A:1-5.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter is adopted by the agency in satisfaction of the requirements of the ADA and regulations promulgated pursuant thereto, 28 CFR 35.107.
(b) The purpose of this subchapter is to establish a designated coordinator whose duties shall include assuring that the agency complies with and carries out its responsibilities under the ADA. Those duties shall also include the investigation of any complaint filed with the agency pursuant to 4A:1-5.5 through 5.8.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 5 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 4A:1-5.4 - Designated ADA coordinator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The designated coordinator of ADA compliance and complaint investigation for the agency is:
ADA Coordinator
New Jersey Civil Service Commission
PO Box 317
Trenton, New Jersey 08625
(b) All inquiries regarding the agency's compliance with the ADA and the availability of accommodation which would allow a qualified individual with a disability to receive services or participate in a program or activity provided by the agency should be directed to the designated coordinator identified in (a) above.
(c) All grievances alleging that the agency has failed to comply with or has acted in a way that is prohibited by the ADA should be directed to the designated ADA coordinator identified in this section, in accordance with the procedures set forth in 4A:1-5.5 through 5.8.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 5 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 4A:1-5.5 - Grievance procedure

Current through Register Vol. 56, No. 14, July 15, 2024
A grievance alleging that the agency has failed to comply with the ADA or has acted in a way that is prohibited by the ADA shall be submitted either in writing or orally to the designated ADA coordinator identified in 4A:1-5.4 within 30 days of the grievant becoming aware of the alleged violation. A grievance alleging employment discrimination will be processed pursuant to the rules of the Civil Service Commission at N.J.A.C. 4A:7, if those rules are applicable.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 5 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 4A:1-5.6 - Grievance contents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A grievance submitted pursuant to this subchapter may be submitted in or on the form set forth at 4A:1-5.7.
(b) A grievance submitted pursuant to this subchapter shall include the following information:
1. The name of the grievant and/or any alternate contact person designated by the grievant to receive communication or provide information for the grievant;
2. The address and telephone number of the grievant or alternate contact person; and
3. A description of manner in which the ADA has not been complied with or has been violated, including times and locations of events and names of witnesses if appropriate.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 5 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 4A:1-5.7 - Grievance form

Current through Register Vol. 56, No. 14, July 15, 2024
The following form may be utilized for the submission of a grievance pursuant to this subchapter:
Americans with Disabilities Act Grievance Form
Date: .........
Name of grievant:
.....................................................................
Address of grievant:
.....................................................................
Telephone number of grievant:
.....................................................................
Name, address and telephone number
of alternate contact person:
.....................................................................
.....................................................................
.....................................................................
Agency alleged to have denied access:
Department:
.....................................................................
Division:
.....................................................................
Bureau or office:
.....................................................................
Location:
.....................................................................
Incident or barrier:
.....................................................................
Please describe the particular way in which you believe you have been denied the benefits of any service, program or activity or have otherwise been subject to discrimination. Please specify dates, times and places of incidents, and names and/or positions of agency employees involved, if any, as well as names, addresses and telephone numbers of any witnesses to any such incident. Attach additional pages if necessary.
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
Proposed access or accommodation:
If you wish, describe the way in which you feel access may be had to the benefits described above, or that accommodation could be provided to allow access.
.....................................................................
.....................................................................
.....................................................................
A copy of the above form may be obtained by contacting the designated ADA coordinator identified at 4A:1-5.4.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 5 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 4A:1-5.8 - Investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a grievance submitted pursuant to this subchapter, the designated ADA coordinator will notify the grievant of the receipt of the grievance and the initiation of an investigation into the matter. The designated ADA coordinator will also indicate a date by which it is expected that the investigation will be completed, which date shall not be later than 45 days from the date of receipt of the grievance, if practicable or unless a later date is agreed to by the grievant.
(b) Upon completion of the investigation, the designated ADA coordinator shall prepare a report for review by the designated decision maker for the agency. The designated decision maker shall render a written decision within 45 days of receipt of the grievance, if practicable or unless a later date is agreed to by the grievant, which decision shall be transmitted to the grievant and/or the alternate contact person if so designated by the grievant.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 1 - APPEALS › Section 4A:2-1.1 - Filing of appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All appeals to the Civil Service Commission shall be in writing, signed by the person appealing (appellant) or his or her representative and include the reason for the appeal and the specific relief requested. See 4A:2-1.8 for appeal processing fees.
(b) Unless a different time period is stated, an appeal must be filed within 60 days, which may be extended for good cause, after either the appellant has notice or should reasonably have known of the decision, situation, or action being appealed.
(c) The appellant must provide any additional information that is requested, and failure to provide such information may result in dismissal of the appeal.
(d) Except where a hearing is required by law, this chapter or N.J.A.C. 4A:8, or where the Civil Service Commission finds that a material and controlling dispute of fact exists that can only be resolved by a hearing, an appeal will be reviewed on a written record. In written record appeals:
1. Each party must serve copies of all materials submitted on all other parties; and
2. A party may either review the file at the Civil Service Commission during business hours, or request copies of file materials.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 1 - APPEALS › Section 4A:2-1.2 - Stay and interim relief requests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the filing of an appeal, a party to the appeal may petition the Civil Service Commission for a stay or other relief pending final decision of the matter.
(b) A request for a stay or interim relief shall be in writing, signed by the petitioner or his or her representative and must include supporting information for the request.
(c) The following factors will be considered in reviewing such requests:
1. Clear likelihood of success on the merits by the petitioner;
2. Danger of immediate or irreparable harm if the request is not granted;
3. Absence of substantial injury to other parties if the request is granted; and
4. The public interest.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 1 - APPEALS › Section 4A:2-1.3 - Adjournments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any party requesting an adjournment of a hearing or other review must establish good and sufficient reason for such request. Such reason may include, but is not limited to:
1. Unavoidable appearance by an attorney for a party in any state or Federal court; or
2. Illness of a party evidenced by an affidavit and a doctor's certificate.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 1 - APPEALS › Section 4A:2-1.4 - Burden of proof

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In appeals concerning major disciplinary actions, N.J.A.C. 4A:2-2, the burden of proof shall be on the appointing authority.
(b) In appeals concerning minor disciplinary actions, See 4A:2-3.7(f)  for burden of proof standards.
(c) In all other Civil Service Commission appeals, the burden of proof shall be on the appellant.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 1 - APPEALS › Section 4A:2-1.5 - Remedies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Seniority credit may be awarded in any successful appeal.
(b) Back pay, benefits and counsel fees may be awarded in disciplinary appeals and where a layoff action has been in bad faith. See 4A:2-2.1 0. In all other appeals, such relief may be granted where the appointing authority has unreasonably failed or delayed to carry out an order of the Civil Service Commission or where the Commission finds sufficient cause based on the particular case. A finding of sufficient cause may be made where the employee demonstrates that the appointing authority took adverse action against the employee in bad faith or with invidious motivation.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 1 - APPEALS › Section 4A:2-1.6 - Reconsideration of decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 45 days of receipt of a decision, a party to the appeal may petition the Civil Service Commission for reconsideration.
(b) A petition for reconsideration shall be in writing signed by the petitioner or his or her representative and must show the following:
1. The new evidence or additional information not presented at the original proceeding, which would change the outcome and the reasons that such evidence was not presented at the original proceeding; or
2. That a clear material error has occurred.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 1 - APPEALS › Section 4A:2-1.7 - Specific appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For specific appeal procedures see:
1. Awards in State service (4A:6-6.10 );
2. Classification (4A:3-3.9 );
3. Discipline, major (N.J.A.C. 4A:2-2 );
4. Discipline, minor (N.J.A.C. 4A:2-3 );
5. Discrimination in State service (4A:7-3.2 and 3.3);
6. Employment list removal for medical reasons (4A:4-6.5 );
7. Employment list removal for psychological reasons (4A:4-6.5 );
8. Examinations (N.J.A.C. 4A:4-6 );
9. Grievances (N.J.A.C. 4A:2-3 );
10. Layoffs (4A:8-2.6 );
11. Overtime in State service (4A:3-5.10 );
12. Performance Assessment Review in State service (4A:6-5.3 );
13. Reprisals (N.J.A.C. 4A:2-5 );
14. Resignations (N.J.A.C. 4A:2-6 );
15. Salary (job reevaluation) in State service (4A:3-4.3 ); and
16. Supplemental compensation on retirement in State service (4A:6-3.4 ).
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 1 - APPEALS › Section 4A:2-1.8 - Appeal processing fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A $ 20.00 processing fee shall be charged for all appeals and requests for relief filed with the Civil Service Commission, subject to the exemptions in (e) below, except that no fee shall be charged for the following types of appeals:
1. Stay or interim relief (4A:2-1.2 ), except that:
i. Interim relief requests filed pursuant to 4A:2-2.5(e)  (violation of departmental disciplinary hearing requirements) are subject to the appeal fee; and
ii. Requests for stay filed pursuant to 4A:2-1.2(f)  are subject to the appeal fee;
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 2 - MAJOR DISCIPLINE › Section 4A:2-2.1 - Employees covered

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter applies only to permanent employees in the career service or a person serving a working test period.
(b) Appointing authorities may establish major discipline procedures for other employees.
(c) When the State of New Jersey and the majority representative have agreed pursuant to the New Jersey Employer-Employee Relations Act, 34:13A-5.3, to a procedure for appointing authority review before a disciplinary action is taken against a permanent employee in the career service or an employee serving a working test period, such procedure shall be the exclusive procedure for review before the appointing authority.
(d) When the State of New Jersey and the majority representative have agreed pursuant to the New Jersey Employer-Employee Relations Act, 34:13A-5.3, to a disciplinary review procedure that provides for binding arbitration of disputes involving a disciplinary action that would be otherwise appealable to the Commission under 4A:2-2.8, of 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.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 2 - MAJOR DISCIPLINE › Section 4A:2-2.2 - Types of discipline

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Major discipline shall include:
1. Removal;
2. Disciplinary demotion; and
3. Suspension or fine for more than five working days at any one time;
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 2 - MAJOR DISCIPLINE › Section 4A:2-2.3 - General causes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employee may be subject to discipline for:
1. Incompetency, inefficiency or failure to perform duties;
2. Insubordination;
3. Inability to perform duties;
4. Chronic or excessive absenteeism or lateness;
5. Conviction of a crime;
6. Conduct unbecoming a public employee;
7. Neglect of duty;
8. Misuse of public property, including motor vehicles;
9. Discrimination that affects equal employment opportunity (as defined in 4A:7-1.1 ), including sexual harassment;
10. Violation of Federal regulations concerning drug and alcohol use by and testing of employees who perform functions related to the operation of commercial motor vehicles, and State and local policies issued thereunder;
11. Violation of New Jersey residency requirements as set forth in P.L. 2011, c. 70; and
12. Other sufficient cause.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 2 - MAJOR DISCIPLINE › Section 4A:2-2.4 - Limitations on suspensions and fines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No suspension or fine shall exceed six months except for suspensions pending criminal complaint or indictment. See 4A:2-2.7.
(b) In local service, the appointing authority may provide that a suspension be with or without pay. In State service, suspensions shall be without pay unless directly authorized to be with pay by the department head. In both local and State service, a suspension on the record may be imposed in accordance with (e) below.
(c) An appointing authority may only impose a fine as follows:
1. As a form of restitution;
2. In lieu of a suspension, when the appointing authority establishes that a suspension of the employee would be detrimental to the public health, safety or welfare; or
3. Where an employee has agreed to a fine as a disciplinary option.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 2 - MAJOR DISCIPLINE › Section 4A:2-2.5 - Opportunity for hearing before the appointing authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employee must be served with a Preliminary Notice of Disciplinary Action setting forth the charges and statement of facts supporting the charges (specifications), and afforded the opportunity for a hearing prior to imposition of major discipline, except:
1. An employee may be suspended immediately and prior to a hearing where it is determined that the employee is unfit for duty or is a hazard to any person if permitted to remain on the job, or that an immediate suspension is necessary to maintain safety, health, order or effective direction of public services. An employee who has been appointed on or after September 1, 2011, who does not have a principal residence in New Jersey and who has not received a residency exemption in accordance with P.L. 2011, c. 70, within one year of appointment, is defined by that statute as illegally holding and unqualified for employment, and therefore subject to immediate suspension as unfit for duty. However, a Preliminary Notice of Disciplinary Action with opportunity for a hearing must be served in person or by certified mail within five days following the immediate suspension.
2. An employee may be suspended immediately when the employee is formally charged with a crime of the first, second or third degree, or a crime of the fourth degree on the job or directly related to the job. See 4A:2-2.7.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 2 - MAJOR DISCIPLINE › Section 4A:2-2.6 - Hearings before the appointing authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The hearing shall be held before the appointing authority or its designated representative.
(b) The employee may be represented by an attorney or authorized union representative.
(c) The parties shall have the opportunity to review the evidence supporting the charges and present and examine witnesses. The employee shall not be required to testify, but an employee who does testify will be subject to cross-examination.
(d) Within 20 days, which may be extended for good cause, of the hearing, or such additional time as agreed to by the parties, the appointing authority shall make a decision on the charges and furnish the employee either by personal service or certified mail with a Final Notice of Disciplinary Action. See N.J.A.C. 4A:2-2.13for the issuance of a Final Notice in removal appeals by certain law enforcement officers and firefighters.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 2 - MAJOR DISCIPLINE › Section 4A:2-2.7 - Actions involving criminal matters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an appointing authority suspends an employee based on a pending criminal complaint or indictment, the employee must be served with a Preliminary Notice of Disciplinary Action. The notice should include a statement that 2C:51-2 may apply to the employee, and that the employee may choose to consult with an attorney concerning the provisions of that statute.
1. The employee may request a departmental hearing within five days of receipt of the Notice. If no request is made within this time, or such additional time as agreed to by the appointing authority or as provided in a negotiated agreement, the appointing authority may then issue a Final Notice of Disciplinary Action under (a)3 below. A hearing shall be limited to the issue of whether the public interest would best be served by suspending the employee until disposition of the criminal complaint or indictment. The standard for determining that issue shall be whether the employee is unfit for duty or is a hazard to any person if permitted to remain on the job, or that an immediate suspension is necessary to maintain safety, health, order, or effective direction of public services.
2. The appointing authority may impose an indefinite suspension to extend beyond six months where an employee is subject to criminal charges as set forth in 4A:2-2.5(a)2, but not beyond the disposition of the criminal complaint or indictment.
i. Where an employee who has been indefinitely suspended enters Pre-Trial Intervention (PTI) or has received a conditional discharge, the criminal complaint or indictment shall not be deemed disposed of until completion of PTI or until dismissal of the charges due to the employee's satisfaction of the conditions in a conditional discharge, as the case may be.
ii. An appointing authority may continue an indefinite suspension until completion of PTI or until satisfaction of the conditions imposed in a conditional discharge. If an appointing authority chooses not to continue an indefinite suspension during the PTI period or during the period of conditional discharge, it may restore the employee to employment or initiate disciplinary action against the employee.
3. Where the appointing authority determines that an indefinite suspension should be imposed, a Final Notice of Disciplinary Action shall be issued stating that the employee has been indefinitely suspended pending disposition of the criminal complaint or indictment.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 2 - MAJOR DISCIPLINE › Section 4A:2-2.8 - Appeals to Civil Service Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An appeal from a Final Notice of Disciplinary Action must be filed within 20 days of receipt of the Notice by the employee. Receipt of the Notice on a different date by the employee's attorney or union representative shall not affect this appeal period.
(b) If the appointing authority fails to provide the employee with a Final Notice of Disciplinary Action, an appeal may be made directly to the Commission within a reasonable time.
(c) The appeal shall be substantially similar in format to the Major Disciplinary Appeal Form illustrated in the subchapter Appendix, incorporated herein by reference, and the employee shall provide a copy of the appeal to the appointing authority. The employee shall attach to the appeal a copy of the Preliminary Notice of Disciplinary Action and, unless (b) above is applicable, the Final Notice of Disciplinary Action. The appeal shall also include the following information:
1. The name, title, mailing address and telephone number of the appointing authority representative to whom the notices were provided;
2. The employee's name, mailing address and telephone number; and
3. The action that is being appealed.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 2 - APPEALS, DISCIPLINE, AND SEPARATIONS › Subchapter 2 - MAJOR DISCIPLINE › Section 4A:2-2.9 - Commission hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Requests for a Commission hearing will be reviewed and determined by the Chairperson or the Chairperson's designee.
(b) Major discipline hearings will be heard by the Commission or referred to the Office of Administrative Law for hearing before an administrative law judge, except that an appeal by certain law enforcement officers or firefighters of a removal shall be heard as provided in 4A:2-2.1 3. Minor discipline matters will be heard by the Commission or referred to the Office of Administrative Law for a hearing before an administrative law judge for an employee's last suspension or fine for five working days or less where the aggregate number of days the employee has been suspended or fined in a calendar year, including the last suspension or fine, is 15 working days or more, or for an employee's last suspension or fine where the employee receives more than three suspensions or fines of five working days or less in a calendar year. See N.J.A.C. 1:1 for OAL hearing procedures.
1. Where an employee has pled guilty to or been convicted of a crime or offense which is cause for forfeiture of employment under 2C:51-2, but the court has not issued an order of forfeiture, the Commission shall not refer the employee's appeal for a hearing regarding the applicability of 2C:51-2 nor make a determination on that issue. See 4A:2-2.7.
2. Where a court has entered an order of forfeiture, and the appointing authority has so notified the employee, but the employee disputes whether an order of forfeiture was actually entered, the Commission may make a determination on the issue of whether the order was actually entered. See N.J.A.C. 4A:2-2.7.
3. Notwithstanding (b)1 and 2 above, the Commission may determine whether an individual must be discharged from a State or local government position due to a permanent disqualification from public employment based upon the prior conviction of a crime or offense involving or touching on a previously held public office or employment, provided, however, that the Attorney General or county prosecutor has not sought or received a court order waiving the disqualification provision. See 2C:51-2(d) and (e).