Civil Service Law

Published on: February 13, 2022

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 compensation for the job they are working in. In other words, public employers can’t underpay employees bully-3233568__340-300x272 by having them fill a higher or more difficult position while paying them for a lower or less difficult one. The Appellate Division recently examined these statutes.

The De Facto Employee Laws

Title 18A provides that:

Published on: February 11, 2022

New Jersey Civil Service Classification Appeals

by Maurice W. McLaughlin

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.

Classification. Each position in the career and unclassified services are then assigned to a job title by the Commission. It specifies the qualifications, duties and responsibilities for each title. It does this through a classification plan for all State government positions and similar plans for political subdivisions. When necessary, the Commission will modify specifications to ensure their accuracy. It is also responsible for notifying appointing authorities and employees of changes in classification plans which effect them.

Public employees in New Jersey Civil Service must be appointed under a title which corresponds to the duties which the employee actually performs. The employer’s authority to assign terms of office or employment is a limited by the terms of the classification plan. Appointing authorities are required to notify the Commission of new positions, organizational changes, or changes to employee responsibilities; they must annually submit updated organizational charts. In State service, the negotiations representative (ie., the union) must be given notice of changes to the plan, including: reorganizations of titles or title series, or requests for new ones; request for reevaluation of job content; requests for modification of job specifications; and changes to flextime programs, alternate workweek programs and or hours.

Published on: February 6, 2022

Some Administrative Details About the New Jersey Civil Service System

by Maurice W. McLaughlin

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 the executive branch of the New Jersey State Government. Administratively it is part of the New Jersey Department of Labor and Workforce Development. Nonetheless, it operates as an independent agency. It is free from control of the Department of Labor and Workforce Development.

The Commission has five members. Three members are required for a forum. This has led to a backlog of cases when less than three have been appointed.

Published on: January 26, 2022

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

by Maurice W. McLaughlin

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 difficult. Applicants think the system makes it too hard to get hired. All these criticisms are valid, to a point. megaphone-1480342__340-300x200 However, they miss the mark because they focus on the trees but miss the forest. Life is a series of tradeoffs; every decision is a cost/benefit analysis.

New Jersey’s Civil Service System was adopted to combat grave problems with state and local government. New Jersey has a long history of government corruption; it is by no means a new phenomenon. This history includes a “spoils system” which gave election winners the power to award jobs to their supporters, bribery, favoritism, nepotism, cronyism and discrimination in hiring and keeping government jobs. It was a disgrace. New Jersey was – and is – hardly alone in these problems, but New Jersey took it to another level. Without civil service these problems would continue unchecked. It’s not perfect, but New Jersey is a far better place because of civil service.

In 1908, the early Twentieth Century Progressive Movement led New Jersey to adopt its first civil service laws, and to establish the Civil Service Commission to regulate civil service practices. Then, in 1947, a constitutional convention was held at Rutgers University, in which a new Constitution was adopted. The goal of the constitutional convention was to reform many areas of New Jersey’s state and local government. Article VII, section 1 of the New Jersey Constitution of 1947 provided that:

Published on: January 4, 2022

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

by Maurice W. McLaughlin

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 joe-b-300x200 firefighter positions for psychological reasons. While the candidate lost his appeal, the Appellate Division’s opinion should give candidates faith that they will receive a fair shake before the Medical Review Panel and New Jersey Civil Service Commission.

F.S.’s Application with the Jersey City Police Department

F.S. passed the civil service test and received a conditional offer of employment to become a police officer with the Jersey City Police Department, a civil service employer. The offer was conditioned upon F.S.’s successful completion of a psychological examination.

Published on: November 9, 2021

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

by Maurice W. McLaughlin

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 by civil service to appeal discipline to the Superior Court. Nonetheless, in the case of Miller vs. Borough of Berlin Police, the Appellate Division reminds us that the burden of proof remains on the officer and evidence is king.

Background

Jason Miller was a police officer with the Borough of Berlin Police Department, a non-civil service jurisdiction. He was dispatched to a banquet hall because of a report of the theft of a purse. Surveillance video showed an employee taking the purse, the manager gave Officer Miller the employee’s name and address, and Miller took a victim statement. Miller told the victim that the employee was clearly identifiable and would be charged with a crime (as the victim told him she wished), and that the case was a “slam dunk.” However, Miller did not follow up or press charges, and stated in the incident report that the victim did not wish to pursue criminal charges. Several days later the victim called the Department to follow up. Another officer took the call, and eventually other officers arrested the employee, who confessed.

Published on: October 15, 2021

Appellate Division Reminds Us That Progressive Discipline Doesn’t Always Apply in New Jersey Civil Service Discipline

by Maurice W. McLaughlin

The Appellate Division recently issued a decision exploring the limits of progressive discipline in New Jersey civil service discipline in the police-officer-829628_640-300x199 case of Matter of Collins.

Background

Darius Collins was a senior corrections officer at Norther State Prison. He had been a corrections officer for more than two years and had no prior discipline. On January 6, 2019, he was the patrolling supervisor of prisoners in a high security unit. Collins admitted that he left a gate between two floors open. This allowed two prisoners to leave their tier to take unauthorized showers. When they got back the contents of their cells had been destroyed. The prisoners then became out of control and a ten man extraction team was required to get the two inmates back under control.

Published on: August 30, 2021

Appellate Division Reviews Law Enforcement Officer Discipline Under New Jersey Civil Service Law

by Maurice W. McLaughlin

The law invests law enforcement officers with significant authority. New Jersey employment law therefore imposes on them a high standard of conduct. And while progressive discipline governs the review of disciplinary infractions, particularly in the civil service context, serious offenses can result in termination even for a first offense. Sometimes these cases are close calls; some are not. A New Jersey appeals court recently examined these principles in the case of In the Matter of Ruiz, City of Perth Amboy, Department of Public Safety. The case is a good examination of some of these legal principles, even though the court found that it wasn’t a close call.

Background

Benjamin Ruiz was police chief for Perth Amboy, New Jersey, a civil service jurisdiction. After being charged in 2014, he was indicted on February 6, 2015 for official misconduct, theft of services and witness tampering. He was suspended with pay and required to turn in his badge and gun. He was acquitted by a jury of all charges on September 20, 2016.

Published on: August 20, 2021

Appellate Division New Jersey Employment Law Decision Examines Removal from Civil Service Eligible List for Law Enforcement Position

by Maurice W. McLaughlin

A recent New Jersey employment law decision by the Appellate Division of the State Superior Court in the case of Matter of Brian Clancy, illustrates the procedures – and some of the pitfalls – of appeals from the removal of candidates from civil service eligible lists. imagesCAWQ89PS

Background: Removal from the Eligible List

Clancy hoped to become a sheriff’s officer with the Bergen County Sheriff’s Officer, a civil service employer. He took the civil service exam, passed, and was placed on the eligible list. Thereafter, the Sheriff’s Office conducted a routine pre-employment background investigation, which is normal procedure after a candidate for a law enforcement officer position is placed on an eligible list for an agency. Based on the results of the investigation, the Bergen County Sheriff’s Office removed Clancy’s name from the eligible list.

Published on: June 17, 2021

New Jersey Employment Law Decision Examines When a New Jersey Civil Service Law Enforcement Officer May be Fined as a Form of Discipline

by Maurice W. McLaughlin

A recent New Jersey employment law decision in the case of In the Matter of Wilfred Guzman, Rockaway Township Police Department, examined what penalties are available against a New police-hoboken-train-station Jersey civil service law enforcement officer.

Background

Wilfredo Guzman was a police officer with the Rockaway Township Police Department, a civil service jurisdiction. Guzman was suspended without pay from April 24, 2017, when he was indicted, until June 19, 2019, when he was served with a Final Notice of Disciplinary Action which terminated him. The termination was triggered by Officer Guzman’s guilty pleas to two counts of second degree official misconduct. The Township also fined Officer Guzman the equivalent of 1040 hours worth of pay. Guzman appealed the fine to the New Jersey Office of Administrative Law (“NJOAL”) – New Jersey employment law allows civil service law enforcement officers to skip appeals to the New Jersey Civil Service Commission requesting that the appeal be considered a contested case, and instead file instead directly with the NJOAL.