The Appellate Division of New Jersey’s Superior Court recently examined the use of the “Rule of Three” in New Jersey civil service list bypass appeals in the case of In the Matter of Antonio Salters, Fire Fighter, Township of Hillside.
Salters applied to become a firefighter for the Township of Hillside, New Jersey. He passed the examination and ranked fourth out of forty eligible candidates on an open competitive employment list. Thirteen candidates on the list were ultimately hired, but the Township exercised the “Rule of Three” to skip Salter on the list. Salter appealed his bypass to the New Jersey Civil Service Commission.