N.J. Stat. tit. 11A, ch. 2

N.J. Stat. tit. 11A, ch. 2
in effect

N.J. Stat. § 11A:2-1 Civil service commission established.

11A:2-1. There is established in, but not of, the Department of Labor and Workforce Development in the Executive Branch of State government the Civil Service Commission. For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Civil Service Commission is allocated within the Department of Labor and Workforce Development, but, notwithstanding this allocation, the commission shall be independent of any supervision or control by the department or by any officer or employee thereof. For the purpose of this title, "commission" means the Civil Service Commission. Amended 2008, c.29, s.1.

N.J. Stat. § 11A:2-2 Implementation.

11A:2-2. Implementation. The Department of the Treasury and the Civil Service Commission, as appropriate, shall implement and enforce this title. Amended 2008, c.29, s.2.

N.J. Stat. § 11A:2-3 Members; term; quorum; vacancies; chairperson.

11A:2-3. Members; term; quorum; vacancies; chairperson. The Civil Service Commission shall consist of five members appointed by the Governor with the advice and consent of the Senate for staggered terms of four years and until the appointment and qualification of their successors. No more than three of the five members shall be of the same political party. Three members of the commission shall constitute a quorum. The holding over of an incumbent beyond the expiration of the term of office shall reduce, in commensurate length, the term of office of a successor. Vacancies shall be filled for the unexpired terms, in the same manner as original appointments. No member shall hold any other State or federal office or position. The Governor shall designate one member to serve as the chairperson of the commission. The chairperson shall be the chief executive officer and administrator of the commission and shall devote full time to the duties of the position. The chairperson shall serve at the pleasure of the Governor. Amended 2008, c.29, s.3.

N.J. Stat. § 11A:2-4 Removal of a commission member other than chairperson of the commission.

11A:2-4. Removal of a commission member other than chairperson of the commission. A commission member other than the chairperson of the commission may be removed from office by the Governor for cause, upon notice and an opportunity to be heard. A commission member removed from office shall be entitled to receive compensation only up to the date of removal. Amended 2008, c.29, s.4.

N.J. Stat. § 11A:2-5 Compensation.

11A:2-5. Compensation. A commission member, other than the chairperson of the commission, shall receive a salary as fixed by law and shall also be entitled to sums incurred for necessary expenses. The salary of the chairperson shall be determined by the Governor. Amended 2008, c.29, s.5.

N.J. Stat. § 11A:2-6 Powers and duties.

11A:2-6. Powers and duties. In addition to other powers and duties vested in it by this title or by any other law, the commission shall: a. After a hearing, render the final administrative decision on appeals concerning permanent career service employees or those in their working test period in the following categories: (1) Removal, (2) Suspension or fine as prescribed in N.J.S.11A:2-14, (3) Disciplinary demotion, and (4) Termination at the end of the working test period for unsatisfactory performance; b. On a review of the written record, render the final administrative decision on other appeals; c. Provide for interim remedies or relief in a pending appeal where warranted; d. Adopt and enforce rules to carry out this title and to effectively implement a comprehensive personnel management system; e. Interpret the application of this title to any public body or entity; and f. Authorize and conduct such studies, inquiries, investigations or hearings in the operation of this title as it deems necessary. Amended 2008, c.29, s.6.

N.J. Stat. § 11A:2-6a Definitions relative to uniform domestic violence policies for public employers.

1. a. As used in this section: "Commission" means the Civil Service Commission. "Domestic violence" means domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19) and section 1 of P.L.2003, c.41 (C.17:29B-16). "Employee" means an employee of a public employer. "Human resources officer" means an employee of a public employer with a human resources job title, or its equivalent, who is responsible for orienting, training, counseling, and appraising staff. "Public employer" means the State of New Jersey and any county, municipality, school district, or other political subdivision thereof, and any agency, authority, or instrumentality of the foregoing. b. (1) The commission shall develop a uniform domestic violence policy, which all public employers shall adopt and distribute to their employees, regardless of whether a public employer is subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes. A public employer may modify the uniform domestic violence policy to suit any unique needs of the public employer; provided, however, that the public employer's domestic violence policy shall not conflict with the provisions of paragraph (2) of this subsection. The commission shall review the uniform domestic violence policy periodically and shall require modification of the uniform domestic violence policy from time to time, as need may require. (2) The commission shall provide that the uniform domestic violence policy, developed pursuant to this section, includes: (a) a declaration encouraging employees who are victims of domestic violence to contact their human resources officer and seek assistance; (b) a confidential method for employees to report domestic violence incidents to human resources officers; (c) a confidentiality policy to which human resources officers receiving reports of domestic violence must adhere, unless a domestic violence incident poses an emergent danger to employees and the involvement of law enforcement is necessary; (d) a listing of available State and local resources, support services, treatment options, advocacy and legal services, medical and counseling services, and law enforcement assistance services for domestic violence victims; (e) a requirement that an employee's records pertaining to a domestic violence incident or domestic violence counseling be kept separate from the employee's other personnel records; (f) an explanation of the requirements of the "New Jersey Security and Financial Empowerment Act," P.L.2013, c.82 (C.34:11C-1 et seq.); and (g) a requirement for the public employer to develop a plan to identify, respond to, and correct employee performance issues that may be caused by a domestic violence incident. (3) In the development of the uniform domestic violence policy, the commission shall ensure consultation with human resources officers, law enforcement personnel, prosecutors, social workers, and other persons trained in counseling, crisis intervention, or in the treatment of domestic violence victims. c. The commission and the Division of Local Government Services in the Department of Community Affairs shall distribute the uniform domestic violence policy, and any modifications thereto, to public employers. The Director of the Division of Local Government Services shall release Local Finance Notices setting forth any changes to the uniform domestic violence policy, as changes occur. L.2017, c.272, s.1.

N.J. Stat. § 11A:2-7 Subpenas; oaths.

11A:2-7. Subpenas; oaths. The commission may subpena and require the attendance of witnesses in this State and the production of evidence or documents relevant to any proceeding under this title. Those persons may also administer oaths and take testimony. Subpenas issued under this section shall be enforceable by order of the Superior Court. Amended 2008, c.29, s.7.

N.J. Stat. § 11A:2-11 Powers and duties of the commission.

11A:2-11. Powers and duties of the commission. In addition to other powers and duties vested in the commission by this title or any other law, the commission: a. (Deleted by amendment, P.L.2008, c.29); b. May appoint employees necessary to enforce or implement the provisions of this title. All employees of the commission whose principal duties relate to the enforcement or implementation of this title shall be confidential employees for the purposes of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.); c. Shall maintain a management information system necessary to carry out the provisions of this title; d. Shall have the authority to audit payrolls, reports or transactions for conformity with the provisions of this title; e. Shall plan, evaluate, administer and implement personnel programs and policies in State government and political subdivisions operating under this title; f. Shall establish and supervise the selection process and employee performance evaluation procedures; g. (Deleted by amendment, P.L.2008, c.29); h. Shall set standards and procedures for review and render the final administrative decision on a written record or after recommendation by an independent reviewer assigned by the commission from classification, salary, layoff rights and in the State service noncontractual grievances; i. May establish pilot programs and other projects for a maximum of one year outside of the provisions of this title; j. Shall provide for a public employee interchange program pursuant to the "Government Employee Interchange Act of 1967," P.L.1967, c.77 (C.52:14-6.10 et seq.) and may provide for an employee interchange program between public and private sector employees; k. (Deleted by amendment, P.L.2008, c.29); l. (Deleted by amendment, P.L.2008, c.29); m. Shall establish and consult with advisory boards representing political subdivisions, personnel officers, labor organizations and other appropriate groups; n. Shall make an annual report to the Governor and Legislature and all other special or periodic reports as may be required. The annual report shall indicate the number of persons, by title, who, on March 31, June 30, September 30, and December 31 of each year, held appointments to positions in the senior executive service and the number of noncareer employees by title, who, on those same dates, held appointments in positions in the senior executive service; o. Shall have the authority to assess costs for special or other services; p. (Deleted by amendment, P.L.2008, c.29); and q. Shall, pursuant to P.L.2019, c.346 (C.11A:3-4.1 et al.), promulgate standardized recordkeeping and record retention requirements concerning the recruitment, selection, hiring, and employment records of persons in the State unclassified service. amended 2008, c.29, s.8; 2019, c.346, s.2.

N.J. Stat. § 11A:2-11.1 Title changes in the career service.

1. a. The Civil Service Commission shall effectuate the following title changes in the career service: (1) Correction officer recruit shall be retitled as correctional police officer; (2) Senior correction officer shall be retitled as senior correctional police officer; (3) Correction sergeant shall be retitled as correctional police sergeant; (4) Correction lieutenant shall be retitled as correctional police lieutenant; (5) Correction captain shall be retitled as correctional police captain; (6) Director of custody operations shall be retitled as correctional police chief; (7) Correction officer apprentice shall be retitled as correctional police officer apprentice; and (8) Correction major shall be retitled as correctional police major. b. The title changes provided under this section shall apply to all corrections officers employed by the New Jersey Department of Corrections and the Youth Justice Commission. c. Any fees associated with the retitling pursuant to subsection a. of this section shall be borne by the corrections officer whose title is changed. L.2017, c.293, s.1; amended 2025, c.35, s.28.

N.J. Stat. § 11A:2-12 Delegation.

11A:2-12. Delegation. The commission may delegate to an appointing authority the responsibility for classifying positions, administering examinations and other technical personnel functions according to prescribed standards, but the commission may not delegate any function of the commission. This delegation shall be written and shall conform to the provisions of this title. The commission may assign staff of the commission to an appointing authority to assist the appointing authority in its delegated personnel duties. The employees shall continue as employees of the commission. All delegation shall be subject to supervision by the commission and post-audit and may be cancelled, modified or limited at any time by the commission. Such delegation is to be performed in consultation with the advisory board representing political subdivisions, and approved by an affected appointing authority when the delegation requires substantial costs. The commission, in consultation with the advisory board representing political subdivisions, shall adopt rules to define substantial costs. Amended 2008, c.29, s.9.

N.J. Stat. § 11A:2-13 Opportunity for appointing authority hearing, alternative procedures.

11A:2-13. Opportunity for appointing authority hearing, alternative procedures. Except as otherwise provided herein, before any disciplinary action in subsection a.(1), (2) and (3) of N.J.S.11A:2-6 is taken against a permanent employee in the career service or a person serving a working test period, the employee shall be notified in writing and shall have the opportunity for a hearing before the appointing authority or its designated representative. The hearing shall be held within 30 days of the notice of disciplinary action unless waived by the employee. Both parties may consent to an adjournment to a later date. When the State of New Jersey and the majority representative have agreed pursuant to the New Jersey Employer-Employee Relations Act, section 7 of P.L.1968, c.303 (C.34:13A-5.3), to a procedure for appointing authority review before disciplinary action in subsection a.(1), (2) and (3) of N.J.S.11A:2-6, which would be otherwise appealable to the Civil Service Commission under N.J.S.11A:2-14, is taken against a permanent employee in the career service or a person serving a working test period, such procedure shall be the exclusive procedure for review before the appointing authority. This section shall not prohibit the immediate suspension of an employee without a hearing if the appointing authority determines that the employee is unfit for duty or is a hazard to any person if allowed to remain on the job or that an immediate suspension is necessary to maintain safety, health, order or effective direction of public services. In addition, where a suspension is based on a formal charge of a crime of the first, second or third degree, or a crime of the fourth degree if committed on the job or directly related to the job, the suspension may be immediate and continue until a disposition of the charge. The Civil Service Commission shall establish, by rule, procedures for hearings and suspensions with or without pay. Amended 2004, c.104, s.1; 2008, c.29, s.10.

N.J. Stat. § 11A:2-14 Notice to employee of right to appeal, alternative procedures.

11A:2-14. Notice to employee of right to appeal, alternative procedures. Except as otherwise provided herein, within 20 days of the hearing provided in N.J.S.11A:2-13, the appointing authority shall make a final disposition of the charges against the employee and shall furnish the employee with written notice. If the appointing authority determines that the employee is to be removed, demoted or receive a suspension or a fine greater than five days, the employee shall have a right to appeal to the Civil Service Commission. The suspension or fine of an employee for five days or less shall be appealable if an employee's aggregate number of days suspended or fined in any one calendar year is 15 days or more. Where an employee receives more than three suspensions or fines of five or less days in a calendar year, the last suspension or fine is appealable. When the State of New Jersey and the majority representative have agreed pursuant to the New Jersey Employer-Employee Relations Act, section 7 of P.L.1968, c.303 (C.34:13A-5.3), to a disciplinary review procedure that provides for binding arbitration of disputes involving disciplinary action in subsection a.(1), (2) and (3) of N.J.S.11A:2-6, which would be otherwise appealable to the Civil Service Commission under N.J.S.11A:2-14, being taken against a permanent employee in the career service or a person serving a working test period, such procedure shall be the exclusive procedure for any appeal of such disciplinary action. Amended 2004, c.104, s.2; 2008, c.29, s.11.

N.J. Stat. § 11A:2-15 Appeal procedure.

11A:2-15. Appeal procedure. Any appeal from adverse actions specified in N.J.S.11A:2-13 and subsection a.(4) of N.J.S.11A:2-6 shall be made in writing to the Civil Service Commission no later than 20 days from receipt of the final written determination of the appointing authority. If the appointing authority fails to provide a written determination, an appeal may be made directly to the Civil Service Commission within reasonable time. Amended 2008, c.29, s.12.

N.J. Stat. § 11A:2-16 Appeal procedure for suspension or fine of five days or less.

11A:2-16. Appeal procedure for suspension or fine of five days or less. If a State employee receives a suspension or fine of five days or less, the employee may request review by the Civil Service Commission under standards and procedures established by the Civil Service Commission or appeal pursuant to an alternate appeal procedure where provided by a negotiated contract provision. If an employee of a political subdivision receives a suspension or fine of five days or less, the employee may request review under standards and procedures established by the political subdivision or appeal pursuant to an alternate appeal procedure where provided by a negotiated contract provision. Amended 2008, c.29, s.13.

N.J. Stat. § 11A:2-17 Use immunity

11A:2-17. Use immunity. A person shall not be excused from testifying or producing evidence on the ground that the testimony or the evidence might tend to incriminate the person, but an answer shall not be used or admitted in any proceeding against the person, except in a prosecution for perjury. The foregoing use immunity shall not be granted without prior written approval by the Attorney General. L. 1986, c. 112, s. 11A:2-17, eff. Sept. 25, 1986.

N.J. Stat. § 11A:2-18 Representation.

11A:2-18. Representation. An employee may be represented at any hearing before an appointing authority or the Civil Service Commission by an attorney or authorized union representative. Amended 2008, c.29, s.14.

N.J. Stat. § 11A:2-19 Authority to increase or decrease penalty imposed.

11A:2-19. Authority to increase or decrease penalty imposed. The Civil Service Commission may increase or decrease the penalty imposed by the appointing authority, but removal shall not be substituted for a lesser penalty. Amended 2008, c.29, s.15.

N.J. Stat. § 11A:2-20 Forms of disciplinary action.

11A:2-20. Forms of disciplinary action. The Civil Service Commission shall establish by rule the general causes which constitute grounds for disciplinary action and the kinds of disciplinary action which may be taken by appointing authorities against permanent career service employees or those serving in their working test periods. Unless offered by the appointing authority and selected by an employee as a disciplinary option, a fine may only be imposed by an appointing authority as a form of restitution or in lieu of a suspension when a suspension would be detrimental to the public health, safety or welfare. When a fine is assessed, it may either be paid in a lump sum or deducted from the employee's salary over time as provided by Civil Service Commission rule. Except as provided for in N.J.S.11A:2-13, an appointing authority may not impose a suspension or fine greater than six months. Amended 2008, c.29, s.16.

N.J. Stat. § 11A:2-21 Burden of proof

11A:2-21. Burden of proof. In categories listed in subsection a.(1), (2) and (3) of N.J.S. 11A:2-6, the employer shall have the burden of proof while in category (4), the employee shall have the burden of proof. L. 1986, c. 112, s. 11A:2-21, eff. Sept. 25, 1986.

N.J. Stat. § 11A:2-22 Back pay, benefits, seniority and reasonable attorney fees.

11A:2-22. Back pay, benefits, seniority and reasonable attorney fees. The Civil Service Commission may award back pay, benefits, seniority and reasonable attorney fees to an employee as provided by rule. Amended 2008, c.29, s.17.

N.J. Stat. § 11A:2-23 Political activity limited

11A:2-23. Political activity limited. A person holding a position in the career service or senior executive service shall not directly or indirectly use or seek to use the position to control or affect the political action of another person or engage in political activity during working hours. L. 1986, c. 112, s. 11A:2-23, eff. Sept. 25, 1986.

N.J. Stat. § 11A:2-24 Protection against reprisals.

11A:2-24. Protection against reprisals. An appointing authority shall not take or threaten to take any action against an employee in the career, senior executive or unclassified service in retaliation for an employee's lawful disclosure of information on the violation of any law or rule, governmental mismanagement or abuse of authority. An employee who is the subject of a reprisal action by an appointing authority for the lawful disclosure of information may appeal such action to the Civil Service Commission. Amended 2008, c.29, s.18.

N.J. Stat. § 11A:2-28 Law enforcement officers, certain, participation in intergovernmental transfer program.

1. a. The commission shall provide, by regulation, for intergovernmental transfers by law enforcement officers, including county sheriff and corrections officers, as part of the commission's intergovernmental transfer program. These law enforcement officers, county sheriff and corrections officers shall be granted all privileges under the intergovernmental transfer program, including the option to waive all accumulated sick leave and seniority rights. b. The waiver of accumulated sick leave and seniority rights shall require the consent in writing of the receiving jurisdiction, the affected employee, and the commission. c. The sending jurisdiction shall not pay supplemental compensation for accumulated sick leave to any law enforcement officer, county sheriff or corrections officer, approved for an intergovernmental transfer and shall certify, to the receiving jurisdiction and the commission, that no supplemental compensation was paid. L.2006, c.77, s.1; amended 2008, c.29, s.19.
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