reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 4 - HUMAN RESOURCE DEVELOPMENT: TRAINING, EDUCATION, CAREER DEVELOPMENT, AND EMPLOYEE ASSISTANCE PROGRAMS › Section 4A:6-4.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In local service, appointing authorities may implement Human Resource Development (HRD) programs and may, subject to the terms and approval of the Chairperson or designee, participate in programs set forth in this subchapter.
(b) In State Service, the Chairperson or designee shall establish training and education, performance evaluation, and assistance programs for employees. The Chairperson or designee shall also review and approve career development programs for employees. These responsibilities may be delegated to agencies other than the Civil Service Commission only by written order of the Chairperson or designee.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 4 - HUMAN RESOURCE DEVELOPMENT: TRAINING, EDUCATION, CAREER DEVELOPMENT, AND EMPLOYEE ASSISTANCE PROGRAMS › Section 4A:6-4.2 - Civil Service Commission functions: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chairperson or designee shall administer a Center for Learning and Improving Performance (CLIP), which is responsible for the following functions:
1. Planning, development, and delivery of all training and education programs for State employees, except for programs exempted by Executive Order No. 12 (1990) or by the Chairperson through a written delegation order. The CLIP shall also be responsible for the planning, development, and delivery of all evaluations (see, for example, N.J.A.C. 4A:6-4.5) and assistance programs (see, for example, N.J.A.C. 4A:6-4.3 and 4.6) for State employees.
i. Delivery of training and education programs, evaluation programs, and assistance programs shall be provided by the New Jersey Community College Consortium for Workforce and Economic Development. If the New Jersey Community College Consortium for Workforce and Economic Development is available to deliver a specific program, the CLIP shall negotiate the most cost-effective contract with an outside vendor or consultant to deliver the program. Under limited circumstances, CLIP staff shall deliver training.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 4 - HUMAN RESOURCE DEVELOPMENT: TRAINING, EDUCATION, CAREER DEVELOPMENT, AND EMPLOYEE ASSISTANCE PROGRAMS › Section 4A:6-4.3 - Training and Education Programs: State Service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) State Government training and education programs include, but are not limited to, the following:
1. Employee orientation programs;
2. Agency specific technical and topical programs;
3. Programs mandated by State and Federal statutes;
4. Health and safety programs;
5. General training programs;
6. Computer and information systems training;
7. Basic literacy and remedial programs;
8. Clerical and support programs;
9. Apprenticeship programs;
10. Supervisory and management training; and
11. Executive training and development.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 4 - HUMAN RESOURCE DEVELOPMENT: TRAINING, EDUCATION, CAREER DEVELOPMENT, AND EMPLOYEE ASSISTANCE PROGRAMS › Section 4A:6-4.4 - Certified Public Manager Program: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The CLIP shall develop and administer the Certified Public Manager Program (CPM) for supervisors and managers. The program shall meet criteria established by the National Certified Public Managers Consortium. The Chairperson or designee shall be Chief Administrative Officer of the program. The Director of the CLIP shall be the Program Director.
(b) The Program shall consist of progressive levels of instruction delivered jointly by the CLIP and an institution of higher education selected by the Civil Service Commission.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 4 - HUMAN RESOURCE DEVELOPMENT: TRAINING, EDUCATION, CAREER DEVELOPMENT, AND EMPLOYEE ASSISTANCE PROGRAMS › Section 4A:6-4.5 - Career Development Programs: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Departments or agencies may, with the written approval of the CLIP manager and consistent with their goals, workforce planning, and technological changes, implement programs that prepare employees to move to new assignments or career opportunities.
1. A department or agency shall seek written approval from the CLIP manager for a program referred to in (a) above by submitting a written plan. This plan shall include the program's goals, objectives, target population, projected outcome, and evaluation criteria for the program's success.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 4 - HUMAN RESOURCE DEVELOPMENT: TRAINING, EDUCATION, CAREER DEVELOPMENT, AND EMPLOYEE ASSISTANCE PROGRAMS › Section 4A:6-4.6 - Tuition aid program: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each State department or agency, subject to available appropriations, shall establish a tuition aid program, available to eligible employees to complete undergraduate, graduate, technical or supplemental coursework at an accredited educational institution which relate to current or planned job responsibilities.
(b) The tuition aid program may be submitted for approval as part of the HRD plan (See
4A:6-4.3
) or as a separate plan for approval by the Chairperson or designee and shall include:
1. Employee eligibility criteria and acceptable grades and course completion for reimbursement;
2. Amount of funds allocated for tuition aid;
3. Name of the individual charged with administering the program;
4. Amount and form of reimbursement; and
5. Procedures for notifying employees of approval or disapproval.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 4 - HUMAN RESOURCE DEVELOPMENT: TRAINING, EDUCATION, CAREER DEVELOPMENT, AND EMPLOYEE ASSISTANCE PROGRAMS › Section 4A:6-4.7 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 4 - HUMAN RESOURCE DEVELOPMENT: TRAINING, EDUCATION, CAREER DEVELOPMENT, AND EMPLOYEE ASSISTANCE PROGRAMS › Section 4A:6-4.8 - Employee interchange program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chairperson or designee may approve an Employee Interchange Program that is intended to improve the management of government through shared experience, communication, and learning among public, private, and academic organizations. See
52:14-6.10
et seq., and 11A:2-11.j.
(b) An appointing authority is authorized to participate, either as a sending or receiving agency, in an interchange program with any federal, State or local governmental or private sector entity.
(c) An interchange program shall provide that:
1. The length of any interchange shall not be more than 12 months or less than two months. The Chairperson or designee may approve an assignment of less than two months in emergency situations. The Chairperson or designee may extend an interchange for up to an additional six months to complete work in progress.
2. The participating employee shall remain an employee of the sending agency from which he or she shall receive salary and all benefits.
i. A receiving agency may reimburse the employee for travel expenses.
ii. The sending agency may receive reimbursement from the receiving agency for the salary and benefits of the employee. Such reimbursement shall be determined by agreement between the sending and receiving agencies. The agencies may also agree to provide housing or relocation assistance for the employee.
3. No interchange may be initiated without written consent of the participating employee.
4. A participating employee shall remain in the employ of the sending agency for a period of at least one year after the end of the interchange.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 4 - HUMAN RESOURCE DEVELOPMENT: TRAINING, EDUCATION, CAREER DEVELOPMENT, AND EMPLOYEE ASSISTANCE PROGRAMS › Section 4A:6-4.9 - Internship programs: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Internship programs include:
1. Programs limited to full time students of participating accredited institutions of higher education who are performing services for a State department or agency directly related to their course of study;
2. Fellowships in managerial assignments to selected individuals based on established educational and career achievements; and
3. Educational or apprenticeship programs for State employees intended for career change or advancement or due to job displacement.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 4 - HUMAN RESOURCE DEVELOPMENT: TRAINING, EDUCATION, CAREER DEVELOPMENT, AND EMPLOYEE ASSISTANCE PROGRAMS › Section 4A:6-4.10 - Employee Advisory Service: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Civil Service Commission shall establish an Employee Advisory Service (EAS) to assist State employees in achieving and maintaining the highest level of job performance of which they are capable. EAS shall provide access to counseling, rehabilitative, and/or community services for a State employee who:
1. Has received an annual performance rating at the lowest level. See 4A:6-5.1 et seq.
2. Has received a performance rating which is below the mid-point on the multi-level scale and an improvement plan has not been effective;
3. Is experiencing personal problems which affect job performance; or
4. Has a family member who is experiencing personal problems which affect the employee's job performance.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 5 - PERFORMANCE EVALUATION › Section 4A:6-5.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In local service, an appointing authority may establish an employee performance evaluation program. A performance evaluation system must be reviewed and approved by the Chairperson or designee in order to be used in promotions or layoff.
(b) In State service, a Performance Assessment Review (PAR) program shall apply to all employees in the career service, and those in unclassified titles as designated by particular departments or agencies.
1. While not mandated, departments and agencies are encouraged to include all unclassified titles in the PAR program.
2. The PAR program shall use standardized forms and rating scales for different performance appraisal models to be designated by the Chairperson or designee and, except as provided in (d) below, a three-level rating scale to include the following ratings:
i. Exceptional;
ii. Successful; and
iii. Unsatisfactory.
3. Each agency shall establish standardized rating cycles with a duration of one year. Within a particular standardized rating cycle, employees shall be rated at the same time, twice a year, with the interim and final ratings being six months apart.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 5 - PERFORMANCE EVALUATION › Section 4A:6-5.2 - PAR procedure: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employee and his or her supervisor shall jointly develop a job performance plan consisting of work assignments together with measurable performance standards. The employee shall be provided with a copy of the performance plan once established. If an employee disagrees with the established performance plan, he or she may note such disagreement.
(b) At the end of six months and at the end of one year, the employee and the supervisor shall review the employee's performance. The supervisor shall designate an interim performance rating at the end of six months and a final rating at the end of one year.
1. When there is a change either in job assignment or supervisor during the evaluation period, the old performance plan shall be closed out. The employee's performance during the portion of the rating period under the old performance plan shall be rated and a new performance plan shall be prepared. The final rating shall be a proration of all ratings received during the review period.
2. When there is a change in job title during the evaluation period, the former supervisor shall assign a final rating for the former performance plan and title. A performance plan for the new title shall be developed.
3. When appropriate, performance improvement plans shall be set at each review.
4. The employee shall be entitled to a copy of the rating.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 5 - PERFORMANCE EVALUATION › Section 4A:6-5.3 - PAR use and review: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In both a three-level and a five-level Performance Assessment Review (PAR) rating scale, an employee receiving an annual PAR rating below the Successful level shall be denied an anniversary date increment.
1. An appointing authority may request an anniversary date increment for an employee who was denied an increment because of receiving an Unsatisfactory rating in a three-level or a five-level rating scale, but whose performance has subsequently improved. If approved by the Chairperson or designee, such increment shall not be effective until a pay period beginning at least 90 days after the employee's anniversary date. In the case of a five-level rating scale, if an employee who had received a rating of Two-Needs Improvement/Development demonstrates an improved performance within 90 days following the rating, the increment shall be restored to the employee retroactively.
2. An employee who receives an annual rating below the Successful level in a three-level rating scale or an annual rating of One - Unsatisfactory Performance in a five-level rating scale should be referred by the appointing authority to the Employee Advisory Service. See 4A:6-4.1 0.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 6 - AWARDS PROGRAM › Section 4A:6-6.1 - PAR use and review: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In local service, appointing authorities may establish and administer awards programs.
(b) In State service, the following types of award programs are established:
1. Awards for Commendation;
2. Awards for Suggestions;
3. Service Recognition;
4. Other awards programs as the New Jersey Employee Awards Committee may establish; and
5. Department or agency awards programs approved by the New Jersey Employee Awards Committee.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 6 - AWARDS PROGRAM › Section 4A:6-6.2 - New Jersey Employee Awards Committee: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The New Jersey Employee Awards Committee (Committee) shall be established in the Civil Service Commission under the supervision of the Chairperson or designee. The Committee shall consist of seven persons, each of whom shall be employed in a different department in the Executive Branch.
1. Committee members shall be appointed by the Governor upon nomination by the Chairperson or designee, for staggered terms of three years or until a successor is appointed. If a vacancy on the Committee occurs by reason other than expiration of term, the vacancy shall be filled for the unexpired term. No member shall serve more than two consecutive full terms.
2. Members of the Committee shall serve without compensation but shall be reimbursed for their actual and necessary expenses.
3. The Committee shall meet and organize as soon as practicable after the annual appointment of new members and select a Chairperson from among its members. The Committee shall hold a regular meeting at least once each month unless there is no business to conduct or the Executive Secretary (Secretary) determines that agenda items are so routine that they may be held over to the next meeting. Special meetings may be held at the call of the Chairperson.
4. The Secretary shall submit monthly reports to the Chairperson or designee concerning operations of the Awards Program, which shall include data on activity level, processing time, and program benefits to the State. This data will also be furnished to each agency's chief executive officer. The Secretary shall submit an annual report of the Committee's activities to the Governor through the Chairperson or designee.
5. The administrative work of the Committee shall be performed by the Secretary and other necessary staff designated by the Chairperson or designee.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 6 - AWARDS PROGRAM › Section 4A:6-6.3 - Records: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall maintain the following records:
1. Official copies of the minutes of all meetings and all other official actions which are public information.
2. Copies of all suggestions, as defined in 4A:6-6.5, received by the Committee, along with supporting documents and recommendations from departmental committees.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 6 - AWARDS PROGRAM › Section 4A:6-6.4 - Commendation awards: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Commendation Awards shall be established in, but not limited to, the following four categories:
1. Heroism Awards may be made to employees who perform acts of bravery or personal sacrifice of a life threatening nature above and beyond the duties and responsibilities of the employee's position and which reflect credit upon the State of New Jersey, whether or not the act was performed during working hours.
2. Exceptional Service Awards may be made to employees for outstanding acts of public service above and beyond the duties and responsibilities of the employee's position which shall include, but not be limited to, appropriate responses to a crisis or emergency situation and which reflect credit upon the State of New Jersey, whether or not the act was performed during working hours.
3. Professional Achievement Awards may be made to employees in recognition of meritorious or distinguished accomplishments which need not fall entirely within the scope of normal duties. An award may be made to an employee who has:
i. Initiated and successfully established new and outstanding methods, practices, plans or designs in such fields as, but not limited to, administration, engineering, law, medicine or environmental sciences;
ii. Achieved honors from professional societies, educational institutions or recognized groups for outstanding performance in his or her field; or
iii. Provided key assistance to the recipient of an award.
4. Community Service Awards may be made to employees who have made outstanding contributions to the communities in which they live or to the State as a whole through organizational activities outside the workplace.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 6 - AWARDS PROGRAM › Section 4A:6-6.5 - Suggestion Award Program standards: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A suggestion is a written proposal from an individual or a group of individuals (team) which will produce notable economy or improvement in an operation of State government or one which will improve service to the public, employee safety or employee welfare.
(b) To be considered for a suggestion award, the following requirements must be met:
1. The suggestion must be original, or propose a new application of an old idea;
2. The suggestion must be implemented or ordered implemented by a State agency; and
3. There must be a causal relationship between the suggestion and implementation of the improvement.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 6 - AWARDS PROGRAM › Section 4A:6-6.6 - Suggestion Award Program procedures: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Suggestions shall be submitted on a form prescribed by the Committee, which shall include:
1. A brief statement describing the present condition, method or practice, and where it exists.
2. A specific statement of what is suggested and how it can be accomplished. Sketches, charts, samples and additional data may be included.
3. A concise statement of the benefits which will accrue and the name of the organization or organizations which will benefit.
4. The name, home mailing address, social security number, title of present position, salary range, and department and division of the suggester.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 6 - AWARDS PROGRAM › Section 4A:6-6.7 - Suggestion Award Program types and amounts of awards: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Awards for suggestions shall be in cash or additional paid vacation time-off in lieu of cash under certain circumstances.
1. Cash awards shall be no less than $ 50.00 nor more than $ 10,000 for each approved suggestion.
2. The suggester may select a time-off option of up to two days in lieu of a cash award which shall be based on the daily rate of pay of the suggester.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 6 - AWARDS PROGRAM › Section 4A:6-6.8 - Service Recognition Program: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Recognition for length of service shall be given to all employees upon completion of each five years of employment.
1. Service shall include employment in the career, senior executive or unclassified service in either a regular, provisional, temporary or part-time capacity (part-time service shall be prorated).
2. Years of employment shall be determined in the same manner used to compute annual vacation leave. See 4A:6-1.2.
3. Any dispute or question regarding eligible service shall be referred to the Committee for resolution.
4. It shall be the responsibility of each agency to determine the employees eligible for length of service recognition.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 6 - AWARDS PROGRAM › Section 4A:6-6.9 - Departmental awards programs: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All State departments and agencies are encouraged to establish and maintain programs for recognition of their own employees for, but not limited to:
1. Attendance;
2. Safety;
3. Productivity;
4. Customer service; and
5. Employee of the year, employee of the month, or similar programs.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 6 - AWARDS PROGRAM › Section 4A:6-6.10 - Appeals: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any appeals to the Committee which involve matters under this subchapter, including denial of a suggestion award by a departmental committee, shall be filed with the Secretary.
1. All appeals shall be in writing, signed by the person appealing (appellant) or his or her representative and must include the reason for the appeal and the specific relief requested.
2. Unless a different time period is stated, an appeal must be filed within 20 days after either the appellant has notice or should reasonably have known of the decision, situation or action being appealed.
3. The appellant must provide any additional information that is requested, and failure to provide such information may result in dismissal of the appeal.
4. Except where a hearing is required by law or these rules, or where the Committee finds that a material and controlling dispute of fact exists that can only be resolved by a hearing (see 1:1-1.1 et seq. for OAL hearing procedures), an appeal will be reviewed on a written record.
5. A party in an appeal may be represented by an attorney, authorized union representative or authorized appointing authority representative. See 1:1-5.4 for contested case representation at the Office of Administrative Law.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 7 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION › Subchapter 1 - EQUAL EMPLOYMENT OPPORTUNITY › Section 4A:7-1.2 - Discriminatory inquiries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A preemployment application shall not require an applicant to provide information covering subject matters which may be discriminatory, except where related to a job requirement or required by law. See 13:13-2.4.
(b) Preemployment and employment information which is required by the State or Federal government for statistical purposes may be obtained by an appointing authority or the Civil Service Commission.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 7 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION › Subchapter 2 - DIVISION OF EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION › Section 4A:7-2.1 - Division responsibilities: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division of Equal Employment Opportunity and Affirmative Action (Division of EEO/AA), shall develop, implement, and administer an equal employment opportunity and affirmative action program for all State employees in the career, senior executive, and unclassified services. Such program shall:
1. Ensure that each State agency's equal employment opportunity and affirmative action goals for minorities and women are in accordance with their availability (for recruitment, transfer, or promotion). Availability is defined as the percentage of minorities and women in the State agency or the relevant recruitment area who have the requisite skills for appointment in a specific job category or group, or who are capable of acquiring such skills;
2. Ensure that each State agency undertakes good faith efforts to make employment opportunities available to persons with disabilities at all levels within the State agency's organization;
3. Monitor each State agency to ensure compliance with all laws and rules relating to equal employment opportunity and affirmative action and to determine that the purposes of this subchapter are implemented through the State agency's Equal Employment Opportunity/Affirmative Action Officers;
4. Seek correction of discriminatory policies, practices, and procedures;
5. Recommend appropriate sanctions for non-compliance to the Commission;
6. Review State personnel policies, practices, and procedures, and where appropriate, eliminate artificial barriers to equal employment opportunity;
7. Act as liaison with Federal, State, and local enforcement agencies;
8. Ensure that minorities, women, and persons with disabilities are among the pool of applicants for all vacant positions in the career, unclassified, and senior executive services;
9. Review its rules, selection devices, and testing procedures in order to amend or eliminate those which are discriminatory;
10. Analyze job specifications to eliminate artificial barriers to employment;
11. Review all certification dispositions for compliance with this chapter;
12. Review all discrimination complaints under Title VII of the Civil Rights Act of 1964, the New Jersey Law Against Discrimination, and the New Jersey State Policy Prohibiting Discrimination in the Workplace; and evaluate trends and recommend appropriate policy changes;
13. Transmit to the Governor, at least semi-annually, progress reports on affirmative action in all State agencies; and
14. Perform such other duties as prescribed by law and this chapter.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 7 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION › Subchapter 2 - DIVISION OF EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION › Section 4A:7-2.2 - Equal Employment Opportunity Advisory Commission: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An Equal Employment Opportunity Advisory Commission shall be established and shall consist of 11 members appointed by the Governor, at least six of whom shall be minorities, women, and persons with disabilities, and shall meet at least quarterly.
(b) The Equal Employment Opportunity Advisory Commission shall advise the Division of EEO/AA and make recommendations on improving the State's affirmative action efforts.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 7 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION › Subchapter 2 - DIVISION OF EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION › Section 4A:7-2.3 - Appointing authority responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In local service, an appointing authority may establish equal employment opportunity and affirmative action programs. Upon request, the Division of EEO/AA shall advise and assist local appointing authorities in the development of such programs.
(b) Each State agency shall:
1. Ensure equality of opportunity for all of its employees and applicants seeking employment;
2. Appoint at least one person as the Equal Employment Opportunity/Affirmative Action Officer who shall report to the State agency head or a designee within the office of the State agency head, and who shall serve on a full-time basis, unless otherwise requested by the State agency head and approved by the Chairperson of the Civil Service Commission and the Director of the Division of EEO/AA;
3. Submit an affirmative action plan to the Director for approval, which shall include, but not be limited to, a policy statement, organization of the State agency, a description of how the plan is communicated to its employees, an analysis of the workforce and job categories, goals and timetables, and specific recruitment/training programs to meet its goals;
4. Submit to the Director quarterly affirmative action reports and an annual update of its affirmative action plan which shall include an evaluation of the goals set for the prior year, the goals for the upcoming year, and the number, subject matter, time for processing, and disposition of all discrimination complaints filed with the State agency;
5. Make a good faith effort to meet the affirmative action goals and timetables set forth in its affirmative action plan and updates. Any State agency which fails either to achieve or make a good faith effort to achieve its goals may be subject to sanctions and penalties;
6. Ensure that minorities, women, and persons with disabilities are considered for employment opportunities where the need for aggressive efforts has been identified;
7. Explore and, where appropriate, implement innovative personnel policies to enhance equal employment opportunity and affirmative action;
8. Adopt and implement the Model Procedures for Internal Complaints Alleging Discrimination in the Workplace, 4A:7-3.2; and
9. In accordance with procedures established by the Division of EEO/AA for handling internal discrimination complaints, issue final letters of determination signed by the State agency head or a designee who shall be a deputy or assistant commissioner or a chief of staff or equivalent.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 8 - LAYOFFS › Subchapter 1 - PROCEDURES › Section 4A:8-1.1 - General

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An appointing authority may institute layoff actions for economy, efficiency, or other related reasons.
1. Demotions for economy, efficiency, or other related reasons shall be considered layoff actions and shall be subject to the requirements of this chapter.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 8 - LAYOFFS › Subchapter 1 - PROCEDURES › Section 4A:8-1.2 - Alternatives to layoff

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In State service, appointing authorities shall lessen the possibility of layoffs by offering and implementing, as appropriate, voluntary alternatives.
(b) In local service, appointing authorities should lessen the possibility of layoffs by considering voluntary alternatives.
(c) Alternatives to layoff may include, but are not limited to:
1. Granting of leaves of absence without pay to permanent employees, without loss of seniority for purposes of this Title, subject to the approval of the Chairperson or designee;
2. Granting voluntary furloughs to employees (see 4A:6-1.2 3);
3. Allowing voluntary reduction of work hours by employees, which may include job sharing arrangements;
4. Providing employees with optional temporary demotional title changes; and
5. Other appropriate actions to avoid a layoff.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 8 - LAYOFFS › Subchapter 1 - PROCEDURES › Section 4A:8-1.3 - Pre-layoff actions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Appointing authorities shall lessen the possibility, extent or impact of layoffs by implementing, as appropriate, pre-layoff actions which may include, but are not limited to:
1. Initiating a temporary hiring and/or promotion freeze;
2. Separating non-permanent employees;
3. Returning provisional employees to their permanent titles;
4. Reassigning employees; and
5. Assisting potentially affected employees in securing transfers or other employment.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 8 - LAYOFFS › Subchapter 1 - PROCEDURES › Section 4A:8-1.4 - Review by the Civil Service Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At least 30 days prior to issuance of layoff notices, or such other period as permitted by the Chairperson or designee, the following information shall be submitted by an appointing authority to the Chairperson or designee:
1. The reason for the layoff;
2. The projected effective date of layoff;
3. Sample copies of the layoff notice and the projected date for issuance;
4. The number of positions (including position numbers in State service) by title to be vacated, reclassified, or abolished and the names, status, layoff units, locations and, as of the effective date of the layoff, permanent titles of employees initially affected, including employees on leave;
5. The vacant positions in the layoff unit (including position numbers in State service) that the appointing authority is willing to fill as of the effective date of the layoff;
6. A detailed explanation of all alternative and pre-layoff actions that have been taken, or have been considered and determined inapplicable;
7. A summary of consultations with affected negotiations representatives; and
8. A list of affected negotiations representatives, including addresses and the units they represent.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 8 - LAYOFFS › Subchapter 1 - PROCEDURES › Section 4A:8-1.5 - Layoff units and job locations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In State service, the layoff unit shall be a department or autonomous agency and include all programs administered by that department or agency. An autonomous agency is one which is in, but not under the supervision of, a principal department.
(b) In the Judiciary, the layoff unit shall be a vicinage or the Central Office and include all programs administered by that vicinage or Central Office.
(c) In local service, the layoff unit shall be a department in a county or municipality, an entire autonomous agency (see
4A:8-2.1(c)
1i), or an entire school district. However, prior to the time set by
4A:8-1.4
for submission of information to the Civil Service Commission, a different layoff unit consisting of one or more departments may be approved by the Chairperson under the following procedures:
1. A request may be submitted by an appointing authority to the Chairperson or the matter may be initiated by the Chairperson.
2. Notice of the request shall be provided by the appointing authority to affected negotiations representatives upon submission to the Chairperson.
3. After receipt of the request, the Chairperson shall specify a period of time, which in no event shall be less than 20 days, during which affected employees and negotiations representatives may submit written comment and recommendations.
4. Thereafter, the Chairperson shall issue a determination approving, modifying, or rejecting the proposed layoff unit, after considering:
i. The need for a unit larger than a department;
ii. The functional and organizational structure of the local jurisdiction;
iii. The number of employees, funding source and job titles in the proposed unit;
iv. The effect upon employee layoff rights; and
v. The impact upon service to departmental clientele and the public.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 8 - LAYOFFS › Subchapter 1 - PROCEDURES › Section 4A:8-1.6 - Layoff notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No permanent employee or employee serving in a working test period shall be separated or demoted as a result of a layoff action without having been served by the appointing authority, at least 45 days prior to the action, with a written notice personally, unless the employee is on a leave of absence or otherwise unavailable, in which case by certified mail. If service is by certified mail, the 45 days shall be counted from the first date of notice by the United States Postal Service to addressee. A notice shall also be conspicuously posted in all affected facilities of the layoff unit. For positions that are not targeted by a layoff but may be impacted by employees exercising their lateral or demotional rights, a general written notice must be served by the appointing authority personally, unless the employee is on a leave of absence or otherwise unavailable, in which case by certified mail, at least 45 days prior to the action. A copy of the notice served on employees shall be provided to a representative of the Civil Service Commission and affected negotiations representatives.
1. In State service, the Chairperson or designee may order a greater period of time for written notice to employees.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 8 - LAYOFFS › Subchapter 2 - EMPLOYEE LAYOFF RIGHTS › Section 4A:8-2.1 - Types of layoff rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A lateral title right means the right of a permanent employee to exercise displacement rights as set forth in
4A:8-2.2
against an employee in the layoff unit holding a title determined to be the same or comparable to the affected title of the employee. For a probationary employee, a lateral title right means the right to fill a vacant position or displace a provisional or probationary employee in the same title. Title comparability shall be determined by the Chairperson or designee based on the following criteria:
1. The title(s) shall have substantially similar duties and responsibilities and the same class code;
2. The education and experience requirements for the title(s) are the same or similar and the mandatory requirements shall not exceed those of the affected title;
3. There shall be no special skills, licenses, certification or registration requirements which are not also mandatory for the affected title; and
4. Any employee in the affected title with minimal training and orientation could perform the duties of the designated title by virtue of having qualified for the affected title.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 8 - LAYOFFS › Subchapter 2 - EMPLOYEE LAYOFF RIGHTS › Section 4A:8-2.2 - Exercise of lateral and demotional rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Employees shall be ranked, for purposes of exercise of layoff rights, in order of seniority.
(b) In State service, a permanent employee in a position affected by a layoff action shall be provided applicable lateral and demotional title rights first at the employees option within the municipality in which the facility or office is located, and then to the job locations selected by the employee within the department or autonomous agency. The employee shall select individual job locations in preferential order from the list of all job locations within the department or autonomous agency and indicate:
1. Job locations at which he or she will accept lateral title rights; and
2. Job locations at which he or she will accept demotional title rights, including any restrictions based on salary range or class code.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 8 - LAYOFFS › Subchapter 2 - EMPLOYEE LAYOFF RIGHTS › Section 4A:8-2.3 - Exercise of special reemployment rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A permanent employee shall be granted special reemployment rights based on the permanent title from which he or she has been laid off, demoted, or displaced by job location. In addition, the employee shall be entitled to special reemployment rights to his or her previously held lateral or demotional title (see
4A:8-2.2(f)
). These rights are subject to the following limitations:
1. In State service, an employee who is displaced from the municipality in which his or her facility or office was located shall, at the employee's option, be granted special reemployment rights to that municipality in addition to job locations selected by the employee.
2. An employee who is displaced by job location in a layoff action, but remains in his or her permanent title, or is reappointed to his or her permanent title from a special reemployment list, shall have special reemployment rights only to his or her original job location at the time of layoff. In cases where no facility or office remains in the original job location, the employee shall be provided the choice of another job location. As permitted by the Chairperson or designee for other good cause, and upon written request by the employee with notice to the appointing authority, the employee may substitute another job location for the original job location.
3. An employee who exercises a lateral title right or who is reappointed to a lateral title from a special reemployment list shall retain special reemployment rights only to his or her original permanent title and job location at the time of the layoff. In cases where no facility or office remains in the original job location, the employee shall be provided the choice of another job location. As permitted by the Chairperson or designee for other good cause, and upon written request by the employee with notice to the appointing authority, the employee may substitute another job location for the original job location.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 8 - LAYOFFS › Subchapter 2 - EMPLOYEE LAYOFF RIGHTS › Section 4A:8-2.4 - Seniority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Seniority for purposes of this chapter, except for police and fire titles as set forth in (b) below, is the amount of continuous permanent service in the jurisdiction, regardless of title. An employee's continuous permanent service accumulated prior to an intergovernmental transfer effected in accordance with 4A:4-7.1A shall be considered as continuous permanent service in the jurisdiction. Seniority shall be based on total calendar years, months, and days in continuous permanent service regardless of work week, work year, or part-time status.
1. A resignation/new appointment pursuant to 4A:4-7.9 shall not be considered a break in continuous service.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 8 - LAYOFFS › Subchapter 2 - EMPLOYEE LAYOFF RIGHTS › Section 4A:8-2.5 - Reassignments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a period of 12 months after the service of the layoff notice required by
4A:8-1.6(a)
, no permanent or probationary employee in the layoff unit in a title actually affected by layoff procedures shall be subject to the following types of involuntary reassignments, except as permitted by the Chairperson or designee for good cause:
1. Reassignment to a different shift, unless the reassignment is based on a seniority program;
2. In State service, if employed in the original municipality, reassignment to a different municipality; and
3. In State service, if not employed in the original municipality, reassignment to a different job location.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 8 - LAYOFFS › Subchapter 2 - EMPLOYEE LAYOFF RIGHTS › Section 4A:8-2.6 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permanent employees and employees in their working test period may file the following types of appeals:
1. Good faith appeals, based on a claim that the appointing authority laid off or demoted the employee in lieu of layoff for reasons other than economy, efficiency, or other related reasons. Such appeals shall be subject to hearing and final administrative determination by the Civil Service Commission (see
4A:2-2.9
); and/or
2. Determination of rights appeals, based on a claim that an employee's layoff rights or seniority were determined and/or applied incorrectly. Such appeals shall be subject to a review of the written record by the Civil Service Commission (see
4A:2-1.1(d)
).
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 9 - POLITICAL SUBDIVISIONS › Subchapter 1 - PROCEDURES FOLLOWING TITLE 11A COVERAGE › Section 4A:9-1.1 - Jurisdictions adopting Title 11A, New Jersey Statutes by referendum

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the adoption by referendum of Title 11A, New Jersey Statutes, by a political subdivision, the Chairperson shall provide for the classification of all positions in the jurisdiction. See 11A:9-2 through 11A:9-7 for referendum procedures.
(b) Any employee who holds a position allocated to the career service and who has been continuously employed by the political subdivision for a period of at least one year prior to the adoption of Title 11A, New Jersey Statutes, including any such employee on an approved leave of absence, shall be considered a permanent employee under Title 11A, New Jersey Statutes and these rules as of the date of adoption.
(c) Seniority calculations for employees determined to be permanent under (b) above shall be based upon the length of their continuous service with that political subdivision.
(d) Vacation and sick leave entitlements under Title 11A, New Jersey Statutes, for employees determined to be permanent under (b) above shall be based upon seniority and are effective on a date set by the appointing authority. However, the date shall in no event be more than 60 days following the adoption of Title 11A, New Jersey Statutes.