Civil Service Law

Published on: November 11, 2020

New Jersey Attorney General Directives on Release of Police Officer Disciplinary Records Will Affect Discovery in Employment Law Cases

Background

In the wake of the death of George Floyd, New Jersey Attorney General Gurbir S. Grewal issued two directives amending New Jersey’s Internal Affairs Policy and Procedures (commonly referred to as the “Attorney General Guidelines” or the “IAPP”). The thrust of these directives is to allow for the disclosure of New Jersey police-1714956__340-300x200 law enforcement officer disciplinary records to promote transparency and confidence in police departments and internal affairs disciplinary procedures, as well as to broaden the discovery available to criminal defendants. Those issues are worthy of a dissertation in themselves, but here I want to focus briefly on their effect in New Jersey employment litigation.

Problems Shielding Records in Employment Law Cases

Published on: October 29, 2020

Terminated Firefighter Wins Reinstatement in New Jersey Civil Service Appeal

by Maurice W. McLaughlin

A recent appellate decision in the case In the Matter of Christopher D’Amico, City of Plainfield Fire Department demonstrated once again that New Jersey civil service employees have an effect means of redress for when they are wrongfully disciplined.

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The D’Amico Case

Christopher D’Amico passed the New Jersey Civil Service test and was hired to be a firefighter by the City of Plainfield, a civil service jurisdiction. As part of his application, D’Amico was required to prove their residency. D’Amico submitted several documents, including an insurance card. He admitted that he modified the card to list his actual residence in Plainfield. Plainfield’s hiring committee recommended against hiring D’Amico because of the alteration, but the Fire Chief hired him anyway. D’Amico attended the fire academy. A citizen questioned several cadets’ residencies. The concern about D’Amico was determined to be unfounded, but the City reexamined his application. Even though the address was accurate and the change was known by the City when it hired him – and was admitted by D’Amico – the Director of Public Safety ordered the Chief to terminate D’Amico’s employment. When D’Amico and two other cadets reported to the Department for their first day of work they were fired, in D’Amico’s case not because of his residence, but because of the alteration.

Published on: August 25, 2020

Appellate Division Issues Important New Jersey Employment Law Decision on Whistleblower Law

by Maurice W. McLaughlin

Employment Law Evidence Issues

Our employment lawyers represent employees and employers in all aspects of New Jersey employment law. One of the most litigated issues is the evidence which an employee must present to demonstrate that retaliation or discrimination was behind an adverse action, such as supreme-administrative-court-3565618_960_720-300x200 firing or demotion. The Appellate Division recently issued an important decision on the ability of jurors to infer retaliation from circumstantial evidence.

The Yatauro Case

Published on: August 17, 2020

Appellate Division Issues Opinion on Promotion Bypass Appeals Under New Jersey Civil Service Act’s Rule of Three

by Maurice W. McLaughlin

Our employment attorneys represent employees in New Jersey Civil Service appeals and disciplinary proceedings. One frequent matter of contention in the New Jersey Civil Service System is bypassing candidates for selection or promotion under the “Rule of Three.”

The Rule of Three

The New Jersey Civil Service Act requires that hiring and promotion must be based on fitness and merit, determined by competitive Civil Service examinations wherever possible. After a test, the New Jersey Civil Service Commission will issue a list of eligible candidates ranked in order of their scores. Hiring and cop promotion must be made according to the eligible candidates’ ranks on the list. However, an exception exists. The Rule of Three allows New Jersey Civil Service employers to bypass eligible candidates ranked higher on hiring and promotion lists in favor of lower ranked candidates so long as they select one of the top three eligible candidates remaining on the list. After each decision to hire or promote, the Rule of Three evaluation begins all over again. So, for example, if the first candidate is selected, the employer may then select any of the candidates ranked second through fourth for the second spot.

Published on: July 6, 2020

Effect of Criminal Charges and Disposition on New Jersey Public Employees

by Maurice W. McLaughlin

New Jersey employment law provides that government employees may be fired for conviction of a crime, and for many crimes they must be fired. However, if they are exonerated they may be reinstated to their position. They may be subject to further discipline, but if they are not they may also receive back pay, police-hoboken-train-station seniority and benefits for the period of their suspension.

Suspension During Criminal Charges

New Jersey Civil Service Commission regulations provide that an employee’s conviction of a crime is grounds for discipline. An employee suspended while a criminal complaint or indictment is pending must be served with a Preliminary Notice of Disciplinary Action (known as a “PNDA”). The PNDA should include a statement that forfeiture of the employee’s position may result, and that the employee may choose to consult with an attorney. In this case representation by an attorney is always advisable. Within five days of receipt of the PNDA, the employee may request a departmental hearing. If no request is made (within five days or an agreed upon extension) the employer may issue a Final Notice of Disciplinary Action (an “FNDA”).

Published on: June 6, 2020

New Jersey Civil Service Layoffs Rights

by Maurice W. McLaughlin

In the tough economic times brought on by COVID-19, many governors and veterans-300x200 mayors, including New Jersey’s Governor Murphy, have said that widespread layoffs may be necessary if federal assistance is not forthcoming. Our attorneys represent New Jersey Civil Service employees, and we see the struggles they are facing. Given this, we thought the time was right to review the layoff rights available under New Jersey Civil Service law.

Layoffs

A layoff is the termination of a permanent employee’s employment because of economic reasons. Demotions or reduction of hours for economic reasons are also treated as layoffs, triggering the rights and procedures applicable to layoffs.

Published on: March 17, 2020

New Jersey Civil Service Disciplinary Appeals

by Maurice W. McLaughlin

A main goal of the New Jersey Civil Service Act is to ensure that employment decisions are based on merit and fitness, and therefore to prevent discrimination, political cronyism, corruption and nepotism from being a consideration. Thus, the Legislature has given civil service office-workers-2-300x200 employees the ability to appeal most employer imposed discipline to the New Jersey Civil Service Commission.

Right to Appeal Major Discipline to the New Jersey Civil Service Commission.

Published on: March 15, 2020

The New Jersey Civil Service Veteran’s Preference

by Maurice W. McLaughlin

Qualified candidates for permanent, career, classified New Jersey Civil Service veterans-300x200 employment who meet the Civil Service definition are eligible to receive a veterans and disabled veterans preference, which increases their ranks on eligible lists. The courts have explained that the purpose of the preference is to “reward those whose military commitments, commissioned or enlisted, were of such a nature and duration as to interfere substantially with an individual’s civilian status.”

Veterans Eligible for Preference

Not all “veterans”, as the term is generally used, are eligible for a New Jersey Civil Service preference. Only “veterans” and “disabled veterans” of certain military operations as defined by the New Jersey Civil Service Act are eligible. Thus, veterans of some military operations, such as, for example, Operations Earnest Will, Nimble Archer and Praying Mantis, in the Persian Gulf Region in 1987 and 1988, are excluded.

Published on: March 12, 2020

New Jersey Civil Service Commission List Bypass Appeals

by Robert Chewning, Esq.

Hello.

This is Robert Chewning from McLaughlin & Nardi. I am here today to talk about Civil Service Commission appeals, specifically list bypass appeals.

Published on: March 10, 2020

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

by Maurice W. McLaughlin

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 Civil Service System one of the most important elements in New Jersey employment law.

The Use of Eligible Lists in Hiring and Promotion

Candidates for initial hiring and promotion in the permanent, career, unclassified civil service are selected and appointed based on their civil-service-jobs-300x200 placement on eligible lists (also referred to as “certifications”). There are five types of eligible lists: Open competitive lists, promotional lists, regular reemployment lists, police and fire reemployment lists, and special reemployment lists.