Articles Tagged with New Jersey civil service attorney

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A New Jersey employment law decision recently examined the effect of a conviction under the newly enacted New Jersey Police Training Act and with the New Jersey Police Training Commission in the case of Garcia vs. New Jersey Police Training Commission. 

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Background

Gregory Gacia was a police officer with the Wharton, New Jersey, Police Department.  As a result of a search of his residence, he was charged with false representations and gun possession offenses.  Thereafter, on November 14, 2022, he entered into a plea agreement whereby he pled guilty to one count of possessing a large capacity ammunition magazine in the fourth degree.  He was sentenced to one year of probation, with the judgment of conviction entered on January 13, 2023.  Garcia appealed his decision to the Appellate Division of the Superior Court of New Jersey, when affirmed his conviction on October 7, 2024.  He thereafter appealed to the Supreme Courts of New Jersey and the United States, both of which refused to hear his appeal.

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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, which ensures that hiring and promotion are based on merit, not other impermissible considerations. Indeed, the New Jersey Constitution requires that whenevernational-gallery-of-art-1380105-m-300x248 possible, merit and fitness for hiring and promotions be determined by examination.  The New Jersey Civil Service Act and Regulations implement this constitutional principle.  Therefore, the principal means for determining merit and fitness for hiring and promotion of classified, career, permanent civil service employees is the New Jersey Civil Service examination process, which is administered by the New Jersey Civil Service Commission.

Obviously, then, civil service examinations are extremely important to applicants for hiring and promotion.  But the human condition is that mistakes occur, and the New Jersey Civil Service system is administered by humans, and so mistakes are made. Therefore there is a process for appeals.  Our New Jersey civil service attorneys represent state and local government employees in all aspects of New Jersey employment law, including civil service appeals.

Below is an overview of the New Jersey Civil Service examination system, and how candidates for hiring or promotion can appeal when a mistake is made.

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