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Articles Posted in Civil Service Law

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The Veterans Preference and Disabled Veterans Preference in New Jersey Civil Service

New Jersey Civil Service law give a hiring preference to “veterans” which ranks them higher on eligible lists if they otherwise meet the eligibility requirements.  This is known as the Civil Service veterans preference. However, not everyone who is considered a “veteran” by the Federal Government, military, or Veterans Administration…

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New Jersey Civil Service Examination Appeals

The bedrock principle of New Jersey Civil Service law is that merit and fitness should be the only factor considered in employment decisions, and discrimination, nepotism, cronyism, politics and bribery should be eliminated in public sector employment.  The gateway to this system is the New Jersey Civil Service examination process,…

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New Jersey Civil Service Disciplinary Procedures at the Employer Level

New Jersey’s Civil Service System was enacted to keep politics, discrimination, favoritism out of employment decisions.  Therefore, civil service employees may only be disciplined for “just cause.”  The New Jersey and Federal Constitutions require that before any  government body may take action against anyone they must receive due process, which…

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New Jersey Civil Service Discipline

Background.   New Jersey Civil Service exists remove favoritism, nepotism, politics and other improper considerations from employment decisions.  This includes Civil Service discipline.  Because Civil Service employers are governmental entities, due process and fundamental fairness protections govern discipline. As far back as 1961, the Appellate Division gave a good summary of…

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Court Explains De Facto Employee Law for New Jersey Government Employees

Under the New Jersey public employment law and Title 18A of New Jersey statute, which governs New Jersey employment law for public school and public college employees, if an employee is actually performing the work of a particular position, even though they are designated in another, they must receive the…

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New Jersey Civil Service Classification Appeals

In General. The New Jersey Civil Service Act establishes three classes of civil service employees: Career (or “classified”), unclassified and, in State service, the Senior Executive Service.   The New Jersey Civil Service Commission has the job of classifying positions – it is the positions which are classified, not people.  …

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Some Administrative Details About the New Jersey Civil Service System

The Civil Service Commission The New Jersey Civil Service System is governed by the Civil Service Act and Civil Service Regulations.  Chapter 2 of Title 11A of the Civil Service Act, N.J.S.A. 11A:2-1, et seq., establishes the  New Jersey Civil Service Commission (the “Commission”).   The Commission is a department of…

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New Jersey’s Civil Service System – Merit, Not Politics

Some complain that civil service hinders efficient government.  Managers object that it limits their ability to run their organizations by hiring, firing and imposing discipline as they believe best.  Citizens argue it makes it too hard to get rid of “bad apples.”  Employees believe it makes promotions and transfers too…

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Employment Law Decision Shows Law Enforcement Applicants Get a Fair Hearing From the New Jersey Civil Service Commission in Psychological List Removal Appeals

A recent appellate New Jersey employment law decision in the case of In the Matter of F.S., Police Officer (S9999U), City of Jersey City outlines the procedures for appeals by applicants who were removed from a list of eligible candidates for civil service law enforcement or firefighter positions for psychological…

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Appellate Division Examines Process for Non-Civil Service New Jersey Police Officers to Challenge Discipline, But Reminds Us the Burden of Proof is on the Officer

Government employees receive significant due process rights to challenge employer discipline which private sector employees and employees in non-civil service jurisdictions do not enjoy.  However, because New Jersey employment law recognizes the great responsibility placed on law enforcement officers, the Legislature has enacted robust procedures for police officers not covered…

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