N.J. Stat. tit. 11A, ch. 4

in effect

N.J. Stat. § 11A:4-1 Examinations.

11A:4-1. Examinations. The commission shall provide for: a. The announcement and administration of examinations which shall test fairly the knowledge, skills and abilities required to satisfactorily perform the duties of a title or group of titles. The examinations may include, but are not limited to, written, oral, performance and evaluation of education and experience; b. The rating of examinations; c. The security of the examination process and appropriate sanctions for a breach of security; d. The selection of special examiners to act as subject matter specialists or to provide other assistance. Employees of the State or political subdivisions may be so engaged as part of their official duties during normal working hours with the approval of their appointing authority. Extra compensation may be provided for such service outside normal working hours; and e. The right to appeal adverse actions relating to the examination and appointment process, which shall include but not be limited to rejection of an application, failure of an examination and removal from an eligible list. Amended 2008, c.29, s.28.

N.J. Stat. § 11A:4-1.1 Application fee for examinations; additional fees; uses.

1. a. Except as provided in subsection b. of this section concerning law enforcement officer and firefighter examinations, the commission shall establish a $25 fee for each application for an open competitive or promotional examination and a $15 fee for each application for an open competitive or promotional examination by a veteran. Persons receiving public assistance benefits pursuant to P.L.1947, c.156 (C.44:8-107 et seq.), P.L.1973, c.256 (C.44:7-85 et seq.), or P.L.1997, c.38 (C.44:10-55 et seq.) shall not be required to pay this fee if they apply for an open competitive examination. Receipts derived from application fees established by this subsection shall be appropriated to the commission. On or after July 1, 2015, and every five years thereafter, the chairperson of the commission shall review the $25 fee established by this subsection and may modify the fee, provided, however, that the fee, along with the $15 fee, shall not exceed the cost of developing, procuring, and administering the examination. b. The commission shall establish a fee for each application for an open competitive or promotional examination for a law enforcement officer or firefighter title. The fee shall not exceed the cost of developing, procuring and administering the examination. Persons receiving public assistance benefits pursuant to P.L.1947, c.156 (C.44:8-107 et seq.), P.L.1973, c.256 (C.44:7-85 et seq.), or P.L.1997, c.38 (C.44:10-55 et seq.) shall not be required to pay this fee if they apply for an open competitive examination. Receipts derived from application fees established by this subsection shall be appropriated to the commission for use in developing, procuring and administering law enforcement officer and firefighter examinations. c. In addition to the fees established in subsections a. and b. of this section, the commission shall establish a $15 fee for each application for an open competitive or promotional examination for a position in State service. Persons receiving public assistance benefits pursuant to P.L.1947, c.156 (C.44:8-107 et seq.), P.L.1973, c.256 (C.44:7-85 et seq.), or P.L.1997, c.38 (C.44:10-55 et seq.) shall not be required to pay this fee if they apply for an open competitive examination. Receipts derived from the application fee established pursuant to this subsection shall be appropriated annually to the commission for the costs of the displaced workers pool program. This fee shall not be assessed and collected unless the commission implements a displaced workers pool program. If the displaced workers pool program is terminated at any time by the commission, the assessment and collection of this additional fee shall also be terminated. d. The commission shall establish a $20 fee for each appeal filed under the provisions of subsection a. or b. of N.J.S.11A:2-6, subsection e. of N.J.S.11A:4-1, N.J.S.11A:8-4, and the rules promulgated thereunder. Persons who are receiving public assistance benefits pursuant to P.L.1947, c.156 (C.44:8-107 et seq.), P.L.1973, c.256 (C.44:7-85 et seq.), or P.L.1997, c.38 (C.44:10-55 et seq.), or persons who are veterans, shall not be required to pay this fee. L.1992, c.197, s.1; amended 1996, c.46; 1998, c.63; 2002, c.34, s.11; 2008, c.29, s.29; 2010, c.26.

N.J. Stat. § 11A:4-1.2 Rules, regulations.

2. The commission shall promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to effectuate the purposes of this act. L.1992, c.197, s.2; amended 2008, c.29, s.30.

N.J. Stat. § 11A:4-1.3 Certain entry-level law enforcement applicants, exemption from examination requirement.

1. a. The Civil Service Commission shall exempt from the requirement to take an examination for an entry-level law enforcement officer position, entry-level sheriff's officer position, or entry-level State or county correctional police officer position a person who successfully completes a full Basic Course for Police Officers training course or a full Basic Course for Correction Officers training course at a school approved and authorized by the New Jersey Police Training commission within nine months from the date of hire as a temporary entry-level officer under the provisions of this section. (1) Any person employed under the provisions of this section shall enroll in a training course approved by the New Jersey Police Training Commission, and such person shall be entitled to a leave of absence with pay during the period of the training course. (2) Upon successful completion of the training course, any person employed under the provisions of this section shall be appointed from a temporary to a permanent entry-level law enforcement police officer, from a temporary sheriff's officer, or temporary entry-level State or county correctional police officer to a permanent entry-level law enforcement officer, entry-level sheriff's officer, or permanent entry-level State or county correctional police officer, as appropriate. b. (Deleted by amendment, P.L.2021, c.406) c. (1) A municipal or county police department may hire a person, exempt from the requirement to take an examination for an entry-level law enforcement officer position pursuant to subsection a. of this section, upon adoption of an ordinance or resolution by the governing body authorizing such hiring by the police department and the adoption of a conflict of interest and nepotism policy. (2) A county sheriff's department may hire a person, exempt from the requirement to take an examination for an entry-level sheriff's officer position pursuant to subsection a. of this section, upon the adoption by the county sheriff of a conflict of interest and nepotism policy. (3) A county correctional facility, except one under the control or supervision of a county sheriff, may hire a person, exempt from the requirement to take an examination for an entry-level county correctional police officer position pursuant to subsection a. of this section, upon adoption of an ordinance or a resolution by the governing body authorizing such hiring by the county correctional facility and the adoption of a conflict of interest and nepotism policy. A county correctional facility that is under the control or supervision of a county sheriff may hire a person, exempt from the requirement to take an examination for an entry-level county correctional police officer position pursuant to subsection a. of this section, upon the adoption by the county sheriff of a conflict of interest and nepotism policy, without the need for an ordinance or a resolution by the governing body. (4) A State correctional facility or department may hire a person, exempt from the requirement to take an examination for an entry-level State correctional police officer position pursuant to subsection a. of this section, upon authorization of the Commissioner of Corrections. d. Permanent entry-level officers and entry-level officers serving in a working test period who are employed by a municipal or county police department, county sheriff's department, or State or county correctional facility shall not be appointed by a different municipal or county police department, county sheriff's department, or State or county correctional facility utilizing the provisions of this section and municipal or county police departments, county sheriff's departments, or State or county correctional facilities may not utilize the provisions of this section to circumvent the intergovernmental transfer process regulations established by the Civil Service Commission for officers which requires written authorization from the departing authority, including, but not limited to, the New Jersey Department of Corrections. e. The starting salary of a State correctional police officer shall be not less than $48,000. Adjustments shall be made to the remaining steps in the salary scale of a State correctional police officer. f. The Civil Service Commission shall promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations and establish administrative processes that are reasonable, necessary, and consistent with the provisions of this section. g. A sheriff's investigator in a sheriff's department shall be eligible for appointment in accordance with this section through transfer to a sheriff's officer position in that same department provided that: (1) the investigator has completed at least one year in the position of sheriff's investigator in that sheriff's department or has served at least one year as a police officer or sheriff's officer in a municipal or county police or sheriff's department in this State; and (2) the sheriff's investigator is not over 35 years of age at the time of initial appointment in accordance with this section to the sheriff's officer position. Beginning on January 1, 2023, a sheriff shall not appoint sheriff's investigators in accordance with this section to more than 50 percent of open sheriff's officer positions in any calendar year. L.2021, c.7, s.1; amended 2021, c.406, s.1.

N.J. Stat. § 11A:4-1.4 Development, maintenance of database of entry-level law enforcement officer candidates.

1. a. The Civil Service Commission shall oversee and manage the development and maintenance of a database, which shall collect and track the background information received from a law enforcement agency of the State, or a political subdivision of the State that has adopted the provisions of Title 11A of the New Jersey Statutes, regarding candidates for the position of entry-level law enforcement officer in any county or municipal police department. All such law enforcement agencies shall participate and provide to the commission any requested information. b. The database shall be considered confidential and shall be used only by the commission and participating law enforcement agencies across the State. The database shall not be subject to public access, inspection, or copying pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.). c. (1) The information maintained in the database shall be determined by the commission, in consultation with various national and State law enforcement organizations, and shall include: (a) all background information received from all candidates; and (b) threshold decisions made for selection or disqualification of candidates by law enforcement agencies. (2) The information maintained in the database shall exclude personal identifying information of candidates to prevent compromising personal privacy and security and to ensure a non-biased selection process. d. The commission, in consultation with various national and State law enforcement organizations, shall develop universal guidelines and best practices for background investigations relating to threshold decisions for removal from the candidate list. The guidelines and best practices shall include training for background investigations to better understand the challenges underrepresented groups disproportionately face to prevent a failure to adequately account for such challenges during the selection or disqualification process. e. The commission, in consultation with various national and State law enforcement organizations, local appointing authorities, and applicable employee collective negotiations agents, shall establish a universal background application to be utilized in the hiring process for police officers by all law enforcement agencies. The universal application shall be used to provide the information contained in the database established pursuant to subsection a. of this section. f. The Chair of the Civil Service Commission may adopt rules and regulations to effectuate the provisions of P.L.2021, c.236 (C.11A:4-1.4 et seq.). The rules and regulations shall be effective immediately upon filing with the Office of Administrative Law for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). g. As used in this section: "Law enforcement agency" means and includes any county or municipal police department. "National and State law enforcement organizations" means organizations such as the National Organization of Black Law Enforcement Executives (NOBLE), the New Jersey chapter of NOBLE, and the Hispanic American Law Enforcement Association. "Personal identifying information" means information that may be used, alone or in conjunction with any other information, to identify a specific individual and includes, but is not limited to, the name, address, e-mail address, social media address, telephone number, fax number, date of birth, social security number, driver's license number, official State issued identification number, employer or taxpayer number, place of employment, telephone number of employment, employee identification number, school address, school phone number, student identification number, mother's maiden name, unique biometric data, such as fingerprint, voice print, retina, or iris image, or other unique physical representation, unique electronic identification number, medical diagnoses, treatments, or other medical information concerning an identifiable person. L.2021, c.236, s.1.

N.J. Stat. § 11A:4-1.5 Notification of candidate status; certification notifications.

2. Timely notifications of candidate status and certification notifications shall be disseminated by the Civil Service Commission electronically via mail, e-mail or text message, dependent on the candidate's preferred option, to be indicated on the universal application established pursuant to subsection e. of section 1 of P.L.2021, c.236 (C.11A:4-1.4). Responses from candidates to certification notifications shall be submitted electronically to the commission via e-mail or by mail. Status notifications and certifications from the commission and responses from candidates shall be accurately logged and received in the database established pursuant to subsection a. of section 1 of P.L.2021, c.236 (C.11A:4-1.4). L.2021, c.236, s.2.

N.J. Stat. § 11A:4-2 Holding of examinations.

11A:4-2. Holding of examinations. A vacancy shall be filled by a promotional examination when considered by the commission to be in the best interest of the career service. Amended 2008, c.29, s.31.

N.J. Stat. § 11A:4-3 Admission to examinations.

11A:4-3. Admission to examinations. If it appears that an eligible list is not likely to provide full certification for existing or anticipated vacancies from among qualified residents of this State, or of political subdivisions where required by law, the commission may admit other qualified nonresident applicants. Where residency preference is provided pursuant to any other statute, the commission may limit applicants to such classes as are necessary to establish a sufficient pool of eligibles. Amended 2008, c.29, s.32.

N.J. Stat. § 11A:4-4 Eligible lists and certifications.

11A:4-4. Eligible lists and certifications. The commission shall provide for: a. The establishment and cancellation of eligible lists; b. The certification of an eligible list to positions in other appropriate titles; and c. The consolidation of eligible lists which may include, but is not limited to, the combining of names of eligibles by scores. Amended 2008, c.29, s.33.

N.J. Stat. § 11A:4-5 Use of eligible list.

11A:4-5. Use of eligible list. Once the examination process has been initiated due to the appointment of a provisional or an appointing authority's request for a list to fill a vacancy, the affected appointing authority shall be required to make appointments from the list if there is a complete certification, unless otherwise permitted by the commission for valid reason such as fiscal constraints. If the commission permits an appointing authority to leave a position vacant in the face of a complete list, the commission may order the appointing authority to reimburse the commission for the costs of the selection process. Amended 2008, c.29, s.34.

N.J. Stat. § 11A:4-6 Duration of lists.

11A:4-6. Duration of lists. The commission shall set the duration of an eligible list, which shall not be more than three years from the date of its establishment, except that it may be extended by the commission for good cause and a list shall not have a duration of more than four years. Notwithstanding the duration of a list, the commission may revive a list to implement a court order or decision of the commission in the event of a successful appeal instituted during the life of the list or to correct an administrative error. The commission may revive a list to effect the appointment of an eligible whose working test period was terminated by a layoff. Amended 2008, c.29, s.35.

N.J. Stat. § 11A:4-7 Exceptions to duration of a list

11A:4-7. Exceptions to duration of a list. Notwithstanding the provisions of N.J.S. 11A:4-6, a special reemployment list, a police reemployment list and a fire reemployment list shall have unlimited duration. L. 1986, c. 112, s. 11A:4-7, eff. Sept. 25, 1986.

N.J. Stat. § 11A:4-8 Certification and appointment.

11A:4-8. Certification and appointment. The commission shall certify the three eligibles who have received the highest ranking on an open competitive or promotional list against the first provisional or vacancy. For each additional provisional or vacancy against whom a certification is issued at that time, the commission shall certify the next ranked eligible. If more than one eligible has the same score, the tie shall not be broken and they shall have the same rank. If three or more eligibles can be certified as the result of the ranking without resorting to all three highest scores, only those eligibles shall be so certified. A certification that contains the names of at least three interested eligibles shall be complete and a regular appointment shall be made from among those eligibles. An eligible on an incomplete list shall be entitled to a provisional appointment if a permanent appointment is not made. Eligibles on any type of reemployment list shall be certified and appointed in the order of their ranking and the certification shall not be considered incomplete. Amended 2008, c.29, s.36.

N.J. Stat. § 11A:4-9 Types of eligible lists.

11A:4-9. The commission may establish the following types of eligible lists: a. Open competitive, which shall include all qualified eligibles without regard to whether they are currently employed by the State or a political subdivision; b. Promotional, which shall include qualified permanent eligibles; c. Regular reemployment, which shall include former permanent employees who resigned in good standing and whose reemployment is certified by the appointing authority as in the best interest of the service. The name of any such employee shall not remain on a reemployment list for more than three years from the date of resignation, unless otherwise extended pursuant to N.J.S.11A:4-6; d. Police, sheriff's officer, or fire reemployment, which shall include former permanent uniformed members of a police department, sheriff's office, or fire department who have resigned in good standing and whose reemployment is certified by the appointing authority as in the best interest of the service; and e. Special reemployment, which shall include permanent employees laid off or demoted in lieu of layoff from permanent titles. amended 2008, c.39, s.37; 2015, c.17.

N.J. Stat. § 11A:4-10 Arrests and criminal records

11A:4-10. Arrests and criminal records. Eligibles may be questioned as to criminal convictions and pending criminal charges. Eligibles for a law enforcement, fire fighter or correction officer title may also be questioned as to any arrest. L. 1986, c. 112, s. 11A:4-10, eff. Sept. 25, 1986.

N.J. Stat. § 11A:4-11 Removal on criminal record.

11A:4-11. Removal on criminal record. Upon the request of an appointing authority, the commission may remove an eligible with a criminal record from a list when the criminal record includes a conviction for a crime which adversely relates to the employment sought. The following factors may be considered in such determination: a. Nature and seriousness of the crime; b. Circumstances under which the crime occurred; c. Date of the crime and age of the eligible when the crime was committed; d. Whether the crime was an isolated event; and e. Evidence of rehabilitation. The presentation to an appointing authority of a pardon or expungement shall prohibit an appointing authority from rejecting an eligible based on such criminal conviction, except for law enforcement, fire fighter or correction officer and other titles as determined by the commission. Amended 2008, c.29, s.38.

N.J. Stat. § 11A:4-12 Priority of lists

11A:4-12. Priority of lists. When more than one list exists, the priority of lists shall be as follows: a. Special reemployment when the available position is in the department from which the eligible was laid off or demoted in lieu of layoff; b. Promotional; c. Special reemployment when the available position is located in a department other than that from which the eligible was laid off or demoted; d. Regular reemployment, police reemployment or fire reemployment; and e. Open competitive. L. 1986, c. 112, s. 11A:4-12, eff. Sept. 25, 1986.

N.J. Stat. § 11A:4-13 Types of appointment.

11A:4-13. Types of appointment. The commission shall provide for the following types of appointment: a. Regular appointments shall be to a title in the competitive division of the career service upon examination and certification or to a title in the noncompetitive division of the career service upon appointment. The appointments shall be permanent after satisfactory completion of a working test period; b. Provisional appointments shall be made only in the competitive division of the career service and only in the absence of a complete certification, if the appointing authority certifies that in each individual case the appointee meets the minimum qualifications for the title at the time of appointment and that failure to make a provisional appointment will seriously impair the work of the appointing authority. In no case shall any provisional appointment exceed a period of 12 months; c. Temporary appointments may be made, without regard to the provisions of this chapter, to temporary positions established for a period aggregating not more than six months in a 12-month period as approved by the commission. These positions include, but are not limited to, seasonal positions. Positions established as a result of a short-term grant may be established for a maximum of 12 months. Appointees to temporary positions shall meet the minimum qualifications of a title; d. Emergency appointments shall not exceed 30 days and shall only be permitted where nonappointment will result in harm to persons or property; e. Senior executive service appointments shall be made pursuant to N.J.S.11A:3-3; and f. Unclassified appointments shall be made pursuant to N.J.S.11A:3-4 and N.J.S.11A:3-5. Amended 2008, c.29, s.39.

N.J. Stat. § 11A:4-14 Promotion.

11A:4-14. Promotion. The commission shall establish the minimum qualifications for promotion and shall provide for the granting of credit for performance and seniority where appropriate. Amended 2008, c.29, s.40.

N.J. Stat. § 11A:4-15 Working test period.

11A:4-15. Working test period. The purpose of the working test period is to permit an appointing authority to determine whether an employee satisfactorily performs the duties of a title. A working test period is part of the examination process which shall be served in the title to which the certification was issued and appointment made. The commission shall provide for: a. A working test period following regular appointment of four months, which may be extended to six months at the discretion of the commission, except that the working test period for entry level law enforcement, correction officer, and firefighter titles shall be 12 months; b. Progress reports to be made by the appointing authority and provided to the employee at such times during the working test period as provided by rules of the commission and a final progress report at the end of the entire working test period shall be provided to the employee and the commission; c. Termination of an employee at the end of the working test period and termination of an employee for cause during the working test period; and d. The retention of permanent status in the lower title by a promoted employee during the working test period in the higher title and the right to return to such permanent title if the employee does not satisfactorily complete the working test period, but employees removed for cause during a working test period shall not be so returned. Amended 2008, c.29, s.41; 2025, c.261.

N.J. Stat. § 11A:4-16 Transfer, reassignment and lateral title change.

11A:4-16. Transfer, reassignment and lateral title change. The rules of the Civil Service Commission shall define and establish the procedures for transfer, reassignment and lateral title change. Employees shall be granted no less than 30 days' notice of transfer, except with employee consent or under emergent circumstances as established by rules of the Civil Service Commission. The commission shall provide for relocation assistance for State employees who are transferred or reassigned to a new work location due to a phasedown or closing of a State operation, subject to available appropriations. Transfers, reassignments, or lateral title changes shall not be utilized as part of a disciplinary action, except following an opportunity for hearing. Nothing herein shall prohibit transfers, reassignments, or lateral title changes made in good faith. The burden of proof demonstrating lack of good faith shall be on the employee. Amended 2008, c.29, s.42.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026