Articles Tagged with New Jersey Civil Service Appeals

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Appellate Division Demonstrates Why It Makes Sense to Pursue Civil Service Disciplinary Appeals.

New Jersey civil service employees have protections which other employees do not.  The heart of this is the opportunity to appeal major discipline imposed by their employers.  A recentcop New Jersey appellate decision in the case of In the Matter of Malikah Spencer, Essex County, Department of Corrections, demonstrates that this process gives New Jersey civil service employees a fair hearing in these appeals, and demonstrates why civil service employees should pursue appeals of employer imposed major discipline.

Background

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How a New Jersey Civil Service employee’s separation from service is characterized, either “in good standing” or “not in good standing,” has significant consequences, particularly on the employee’s ability to obtain future government employment, and may even effect her employment in the private sector.  Moreover, if the employee iscouncil-of-state-535721__340-300x103 found to have abandoned her position she may be involuntarily terminated.  Thus, the right to appeal these characterizations is important.

When a Resignation is Considered to be in Good Standing

Obviously, civil service employees want their separations to be considered in good standing, which will allow them to be reemployed.  This will also allow them to answer that they resigned in good standing when asked at job interviews even for private sector jobs.  For a resignation to be considered “in good standing” the requirements under New Jersey civil service law are that the employee actually was in good standing when she resigned and that she gave her employer at least 14 days notice, either verbally or in writing (the employer may consent to shorter notice which would allow the resignation to be in good standing despite a shorter notice period).  The resignation is considered accepted when the notice is received by the employer. The employer may allow an employee to rescind her resignation prior to the employee’s last day.

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New Jersey disability laws apply to civil service employment decisions such as hiring and promotion.  However, applicants with physical or psychological conditions must still be able to perform the essential functions of their prospective jobs with reasonable accommodation.  Fortunately, New Jersey civil service law provides a process tocomputer-300x200 protect the rights of applicants while ensuring that they are able to provide the vital public services of their prospective positions.

The Hiring and Promotion Process

The Civil Service Commission’s Regulations provide for disqualification from employment if an applicant:

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New Jersey Civil Service law gives significant protections to government employees in jurisdictions which have adopted civil service. It provides an appeals process that private sector employees and government employees inimagesCAWQ89PS jurisdictions which have not adopted civil service do not enjoy.  Most government employment decisions which do not involve minor discipline can be appealed to the New Jersey Civil Service Commission.  Beyond that, decisions of the Civil Service Commission may be appealed to New Jersey’s appellate courts.

The Appeal Process

New Jersey Civil Service Commission decisions are considered “final agency actions”  which may be appealed directly to the Appellate Division of the Superior Court of New Jersey “as of right.” This means that the Appellate Division has no discretion in whether to hear the case or not – it must hear the appeal.  Appeals to the Appellate Division from final decisions of the Civil Service Commission must be filed in writing within 45 days after the decision.

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New Jersey Civil Service Law provides an effective appeals process for employees to use when challenging discipline imposed by their employers.  This was recently illustrated in the case of In the Matter of Sherman Abrams, Northern State Prison, Department of Corrections.us-1978465__340-300x200

 

Background: The Abrams Case

Sherman Abrams was, and apparently still is, an operating engineer working for the New Jersey Department of Corrections (DOC) at Northern State Prison.  He did not report to work on October 31, November 1, and November 2, 2017.  He received a Preliminary Notice of Disciplinary Action (a “PNDA,” a Civil Service Commission Form 31-A) for excessive absenteeism and unauthorized absences.  The DOC thereafter issued a Final Notice of Disciplinary Action (a “FNDA,” a Civil Service Commission Form 31-B) terminating his employment.

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A recent appellate opinion in the case of In the Matter of Ambroise demonstrates that New Jersey civil service employees will receive a fair hearing in appeals with the New Jersey’s Civil Service Commission and appeals courts.us-supreme-court-300x200

Background

Ambroise was terminated as a senior correctional police officer (SCPO) by the New Jersey Department of Corrections (DOC).  The DOC alleged that Ambroise engaged in oral sex with an inmate at the Edna Mahan Correctional Facility for Women.

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A recent New Jersey employment law decision examined the procedures for reopening a Civil Service disciplinary appeal because of newly discovered evidence.

The Newsom Case

In the case of In the Matter of Kevin Newsom, New Jersey State Prison, Kevin Newsom, a civil service employee, was terminated as a corrections sergeant by the Newdc-court-appeals-district-columbia-building-abraham-lincoln-statue-74985350 Jersey State Prison.

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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.supreme-administrative-court-3565618_960_720-300x200

As far back as 1961, the Appellate Division gave a good summary of Civil Service disciplinary procedures.

Disciplinary proceedings against a civil servant are not only an attempt to determine the status of a particular individual; they are a statutorily authorized action to redress a wrong committed against the people of the State by one in whom the public trust has been officially reposed. The proceedings are therefore penal, or at least quasi-penal, in nature, and deeply embedded constructional principles, supported by fundamental notions of fairness, dictate that in such an action the statute or regulation defining the alleged violation be construed to comport with the fair meaning of the language used. The theme of fairness threads its way through the notice, hearing, and right of appeal provisions of our Civil Service Act, and finds particular pertinence in those sections requiring that the causes for removal constituting ‘just cause’ be enumerated with specificity. The governing consideration, that one be fairly and completely advised of the nature of the charges against him, loses all effectiveness if it is not reinforced by a requirement that the proscribed activities and contingencies warranting disciplinary proceedings be set forth with reasonable particularity and construed accordingly.

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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. tenure-thumb-170x110-48818

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.

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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 (thestone-judge-778488-m-thumb-240x320-71245-thumb-220x293-71246-thumb-220x293-71247 “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.

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