Hiring New Jersey Municipal Police Officers and Firefighters

New Jersey employment law governs the hiring of municipal police officers and firefighters, particularly Titles 11A and 40A of New Jersey Statutes.  These local first responders play critical roles in our society.  New Jersey employment law therefore closely regulates the hiring process to ensure that New Jersians are served by only the best law enforcement officers and firefighters.

There are two roots for hiring local government law enforcement officers and firefighters.  In civil service jurisdictions, an applicant must pass a civil service examination, score high enough on the list to be reached, pass physical and psychological examinations, pass a background investigation, and successfully complete a police academy course.  Municipalities which have not adopted civil service have more discretion in hiring, in that the applicants do not have to take a civil service examination or be ranked high enough on a civil service hiring list.  However, many non-civil service jurisdictions utilize a “chief’s test” in place of the civil service examination. Civil service municipalities retain some discretion in hiring through the “Rule of Three.”

Initial hires must be at least 18 years of age, but no more than 35, although there are exceptions to the maximum age requirement for veterans and law enforcement officers and firefighters with prior service in another jurisdiction.  They must be New Jersey residents, although recently discharged veterans receive a grace period to move to New Jersey.  A municipality cannot require an applicant to be a resident of the local jurisdiction, but it can give a preference to residents.  residence can also be used as a tie breaker in promotions.  The “veterans preference” is applicable to hiring in civil service municipalities.

In addition, all law enforcement officers must obtain a license issued by the Police Training Commission.  If a municipality maintains a volunteer fire department, it must hire firefighters for its paid department from those volunteers who have served at least two years, unless there are not a sufficient qualified number to replace the openings on the paid department.

Once municipal police officers and firefighters become permanent employees they achieve a form of tenure, in that New Jersey employment law provides that they will maintain their positions in times of good behavior.  They have means to appeal major discipline through the Civil Service Commission.  Local government police officers and firefighters in non-civil service jurisdictions have the means to challenge discipline in the Superior Court.

When an applicant’s rights have been violated because the employer violated its legal requirements, he has many ways to challenge tainted outcomes.  In civil service jurisdictions, the employer must first hold a departmental hearing, and then the applicant can challenge major discipline (more than a five day suspension or fine) through an appeal to the New Jersey Civil Service Commission, followed by appeals to the Appellate Division of the State Superior Court and ultimately to the New Jersey Supreme Court.  Minor civil service discipline cannot be appealed to the Civil Service Commission, but must be challenged in Superior Court.  In non-civil service municipalities the employee cannot utilize the Commission, but may proceed directly to the Superior Court, followed by the Appellate Division and then the New Jersey Supreme Court.

Contact Us

McLaughin & Nardi, LLC’s New Jersey employment attorneys represent police officers and firefighters at every stage in the process.  Call us at (973) 890-0004 or fill out the contact form on this page to schedule a consultation with one of our New Jersey employment attorneys.  We can help.