Articles Tagged with NJ Civil Service Appeals

New Jersey Civil Service List Removal Appeals

Under New Jersey civil service law, employment decisions, including hiring, must be based solely on merit.  The civil service system therefore employs examinations which objectively test a candidate’s fitness.  Successful candidates are then placed on a hiring list in order of their scores, with certain preferences for veterans.  New employees must then be hired off the list in order of their placement, subject to the Rule of Three.  Candidates for positions as law enforcement officers or fire fighters includes testing of their psychological fitness.  A candidate may be removed from a hiring list for failure of these examinations.

However, because New Jersey’s civil service laws are designed to ensure that employment decisions are based on merit and not because of favoritism, nepotism or discrimination, there is a robust due process procedure for list removal appeals.   The candidate first appeals his removal from the list with the New Jersey Civil Service Commission.  Thereafter, the unsuccessful party may appeal an unfavorable decision to the Appellate Division of the Superior Court, and then ultimately to the New Jersey Supreme Court (which only hears a small, select number of appeals).