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New Jersey Lawyers Blog

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Civil Service Hiring, Eligible Lists, and the Rule of Three

Collectively, New Jersey state and local governments are the largest employer in the State.  Most of these jurisdictions are governed by the New Jersey Civil Service Act.  In New Jersey Civil Service jurisdictions, hiring, firing, promotion and discipline is governed by the Civil Service Act and Regulations.  This makes the…

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New Jersey Civil Service Testing and Examination Appeals

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’ knowledge, skills and abilities…

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New Jersey DEP’s Waste Licensing Requirements May Have Expanded to Contractors and Landscapers

New Jersey’s Department of Environmental Protection (“NJDEP”) regulates the transportation of waste in New Jersey.  This involves a significant licensing process including an A-901 application (including Personal History Disclosure Statements for all owners, officers and key employees and a Business Disclosure Statement, as well as second-level application documents for parent…

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Civil Service Disciplinary Procedures at the Employer Level

Because the purpose of the New Jersey Civil Service System is to remove politics, nepotism and favoritism from the hiring and disciplinary processes to ensure that employment decisions are based on merit and fitness, just cause must be found for imposing discipline.  And because the employer is the government, all…

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Effect of Criminal Charges on New Jersey Civil Service Employees

Criminal charges against public employees can have serious consequences under New Jersey civil service law.  In this post, we’ll examine some of those consequences.   Suspensions of New Jersey Civil Service Employees While Criminal Charges Are Pending First, if a New Jersey civil service employee is facing criminal charges, she…

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Selection And Appointment in New Jersey Civil Service

New Jersey Civil Service law establishes procedures for hiring and promoting government employees in New Jersey state and local government civil service jurisdictions.   Appointments In Civil Service, “appointment” means getting a job, whether through initial hiring, promotion, transfer or otherwise.  All initial and subsequent appointments must be submitted for…

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Career And Unclassified Service, Allocation, and Desk Audits Under New Jersey Civil Service Law

How a New Jersey public employment position is classified can have enormous effects on an employee’s rights.  This blog describes some of the details about how the New Jersey Civil Service Commission classifies New Jersey Civil Service jobs, and what the consequences of those classifications are.   Some terms Under…

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New Jersey Supreme Court Rejects the “Tyranny of Labels” in Tenure Analysis

In an important decision interpreting New Jersey employment law, the Supreme Court ruled in the case of Melnyk versus the Delsea Regional High School District that analyzing whether a position is eligible for tenure protection depends on the statutory requirements, not on how the employer chooses to label it. Paula…

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New Jersey Civil Service Law: Major Discipline Versus Minor Discipline

Discipline is a major component of New Jersey’s Civil Service system.  Discipline under New Jersey Civil Service law is either “major” or “minor.”   Major Discipline The main procedural consequence of the difference major discipline and minor discipline is that major discipline can be appealed to the New Jersey Civil…

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New Jersey Civil Service Discipline

No discussion of New Jersey employment law would be complete without New Jersey’s Civil Service System, which governs all state government employees, and employees of twenty of New Jersey’s twenty-one counties, and the majority of its municipalities. As far back as 1961, the Appellate Division gave a cogent summary of…

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