Articles Tagged with New Jersey civil service law

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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 Newpolice-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.

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Qualified candidates for permanent, career, classified New Jersey Civil Service veterans-300x200employment who meet the Civil Service definition are eligible to receive a veterans and disabled veterans preference, which increases their ranks on eligible lists.  The courts have explained that the purpose of the preference is to “reward those whose military commitments, commissioned or enlisted, were of such a nature and duration as to interfere substantially with an individual’s civilian status.”

Veterans Eligible for Preference

Not all “veterans”, as the term is generally used, are eligible for a New Jersey Civil Service preference.  Only “veterans” and “disabled veterans” of certain military operations as defined by the New Jersey Civil Service Act are eligible.   Thus, veterans of some military operations, such as, for example, Operations Earnest Will, Nimble Archer and Praying Mantis, in the Persian Gulf Region in 1987 and 1988, are excluded.

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The key to New Jersey Civil Service hiring and promotion is the examination.  The State Constitution and New Jersey Civil Service Act require merit-based appointments based, whenever possible, on examinations.

Announcements.  The New Jersey Civil Service Commission is responsible for administrating examinations which fairly test applicants’ mulitple-choice-exam-300x200knowledge, skills and abilities for the job.  Announcements are posted on the Commission’s website, and provided by the employer. Announcements include title, salary information, admission qualifications, filing information, and duties and responsibilities. No unannounced requirements can be considered.  Applications must be filed by the announced date.  The applicant must be a resident of New Jersey and the specified local jurisdiction, unless a different residency requirement is specified or there are not enough available qualified residents.  Applicants for municipal law enforcement or firefighter positions must be under 35 for open competitive examinations, except that applicants under 45 may subtract prior law enforcement experience to meet the 35 year age requirement.  Veterans may subtract their service from their age to determine eligibility.

Types of Examinations.  Examinations may be written; oral; performance evaluation; physical performance tests; assessment exercises; and evaluation of education, training and experience.  The goal is to objectively measure an applicant’s fitness and merit.  Thus, while subjectivity in developing an examination is not forbidden, it must be limited.

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