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What is New Jersey Civil Service?

New Jersey Civil service is a system of public employment involving many State and local agencies. This system is designed to select and promote employees based on merit, safeguard the employment rights of permanent employees and ensure equal employment opportunity.

Where can I get a list of those New Jersey employers falling under New Jersey Civil Service?

A complete listing of the NJ Civil Service employers is posted on the CSC web site.  The employers on this list are the only employers falling under the New Jersey civil service system. If your employer is not listed, you are not a New Jersey civil service employee. Also, if you are interested in applying for work with an employer that is not on the list of New Jersey civil service employers, then you are not applying for New Jersey civil service employment. The Civil Service Commission does not have the authority to handle employment questions or issues that do not involve New Jersey civil service employment.

Federal (U.S. government) agencies are not New Jersey Civil Service employers.

What is the Civil Service Commission?

The Civil Service Commission is a State agency which regulates the employment practices of New Jersey civil service employers. Employment practices are those policies of New Jersey civil service employment involving the hiring and firing of employees, as well as many policies concerning layoffs, paid and unpaid leave, equal employment opportunity, compensation, job duties, and job performance evaluations.

What kinds of New Jersey Civil Service issues or problems may be appealed to the Civil Service Commission?

• Major Discipline
• Minor Discipline
• Grievance
• Political Coercion/Retaliation
• Classification
• Job reevaluation requests
• Overtime: position designation appeals
• Overtime: title designation appeals
• Examination eligibility
• Examination make-up
• Examination administration
• Examination scoring
• List removals (other than medical/psychological disqualification)
• Medical/psychological disqualification
• Working test period
• Sick leave injury
• Supplemental Compensation on Retirement (SCOR)
• Performance Assessment Review (PAR)
• Discrimination
• Layoff rights
• Good faith of a layoff
• Salary Disapproval

What kinds of things involving New Jersey Civil Service employment have to be appealed to other agencies?

• Veterans Preference
• Family Leave
• Awards program

In general, do I need an attorney to represent me in an appeal?

You may represent yourself or be represented by an attorney or a union representative.

In general, do appeals have to be in writing?

Yes, all appeals must be submitted in writing. However, no form is required unless otherwise stated.

What are the fees for appeals?

The fee for appeals is $20. A list of appeal types and fees is available on our web site.

Appeals involving Civil Service can be mailed to the following address unless otherwise stated:

Civil Service Commission
Division of Appeals and Regulatory Affairs
P.O. Box 312
Trenton, New Jersey 08625-0312

What if I disagree with the Civil Service Commission's decision on my appeal (any appeal)?

You may file a request with the Civil Service Commission for reconsideration of its decision [N.J.A.C. 4A:2-1.6] within 45 days of receiving it. You must show one of two things: new evidence or additional information not previously presented to the Civil Service Commission which would change the result of the appeal, plus the reason that this evidence was not presented earlier; or that the Civil Service Commission decision was a clear, material error. All copies of correspondence and other documents that you provide to the Civil Service Commission must also be provided to all other parties in the appeal.

Instead of a request for reconsideration, or following receipt of a Commission decision in a request for reconsideration, you may file a Notice of Appeal with the Superior Court, Appellate Division, within 45 days.

• MAJOR DISCIPLINE [N.J.A.C. 4A:2-2.1 through 2.12]
  
• MINOR DISCIPLINE [NJAC 4A:2-3.1, 3.2 and 3.7]
  
• GRIEVANCE
  
• RETALIATION/POLITICAL COERCION [NJAC 4A:2-5.1 and 5.2]
  
• CLASSIFICATION [N.J.A.C. 4A:3-3.9]
  
• JOB REEVALUATION REQUESTS [N.J.A.C. 4A:3-4.3]
  
• OVERTIME: POSITION DESIGNATION APPEALS AND TITLE DESIGNATION APPEALS [NJAC 4A:3-5.10]
  
• EXAMS: ELIGIBILITY [N.J.A.C. 4A:4-6.1, 6.3 and 6.6]
  
• EXAMS: MAKE-UPS [N.J.A.C. 4A:4-2.9 and 6.6]
  
• EXAMS: ADMINISTRATION [N.J.A.C. 4A:4-6.4(c)
  
• EXAMS: VALIDITY AND SCORING [N.J.A.C. 4A:4-6.4]
  
• EXAMS: LIST REMOVALS (OTHER THAN MEDICAL OR PSYCHOLOGICAL) [N.J.A.C. 4A:4-6.1 through 6.3 and 6.6]
  
• MEDICAL/PSYCHOLOGICAL DISQUALIFICATIONS [N.J.A.C. 4A:4-6.5]
  
• WORKING TEST PERIOD APPEAL [N.J.A.C. 4A:2-4.1 through 4.3 and 4A:4-5.4]
  
• SICK LEAVE INJURY [NJAC 4A:6-1.6 and 1.7]
  
• SUPPLEMENTAL COMPENSATION ON RETIREMENT [N.J.A.C. 4A:6-3.1 through 3.5]
  
• PERFORMANCE ASSESSMENT REVIEW (PAR) [N.J.A.C. 4A:6-5.1 through 5.3]
  
• DISCRIMINATION [N.J.A.C. 4A:7-3.2]
  
• LAYOFF RIGHTS [N.J.A.C. 4A:8-2.6]
  
• GOOD FAITH LAYOFF APPEALS [N.J.A.C. 4A:2-2.9 and 4A:8-2.6]
  
• SALARY DISAPPROVAL APPEAL [N.J.A.C. 4A:10-3.1]
  
• APPEALS INVOLVING NEW JERSEY CIVIL SERVICE EMPLOYMENT THAT ARE FILED WITH OTHER AGENCIES
  
• FAMILY LEAVE [L.1989, c.261]/ FAMILY AND MEDICAL LEAVE [29 U.S.C. § 2601 et seq.]
  

MAJOR DISCIPLINE [N.J.A.C. 4A:2-2.1 through 2.12]

What is this appeal about?

Major discipline is one or more of the following types of actions that a civil service employer may take against a
permanent employee or an employee in his or her working test period: a removal from employment, a disciplinary
demotion, or a suspension or fine for more than five working days at any one time.

Who may file a Major Discipline appeal?

A permanent civil service employee and an employee in his or her working test period who has received a Final Notice of Disciplinary Action Form from his or her employer may file this kind of appeal.

How do I file an appeal?

You will need to complete the Major Disciplinary Appeal Form and submit it to the Civil Service Commission within 20 days from the date you receive your Final Notice of Disciplinary Action. This cannot be emphasized enough. The 20-day period is not measured from the time that your attorney (if any) or union representative (if any) receives the Final Notice. The 20-day period is measured only from the date on which you receive it. If you do not submit your appeal within the 20-day appeal period (20 calendar days, not working days), your appeal will not be accepted.

You are required to send in all the information requested on the Major Disciplinary Appeal Form. However, if you don’t have all of the information in time for the 20-day timeframe, submit your appeal anyway to make sure that it is submitted in time. You will be able to submit the remaining information when you have it.

We recommend that you either submit your appeal certified mail/return receipt or deliver it in person to Civil Service Commission staff. If you deliver it in person, make sure that you obtain a date-stamped copy or a receipt. This way, you will have proof that you submitted your appeal in time, within the 20-day timeframe.

What happens next?

Civil Service Commission staff will determine whether you filed your major disciplinary appeal within the required 20-day timeframe and if you are a permanent employee or an employee serving in your working test period. If you did not submit your appeal within 20 days, or are not permanent or in your working test period, you will not be granted a hearing and you will receive a written decision stating that your appeal has been denied.

If, however, you submitted your appeal within the required 20 days and you are a either a permanent employee or serving in a working test period, the Civil Service Commission will send your appeal to the Office of Administrative Law for a hearing before an Administrative Law Judge. Once the proceedings at the Office of Administrative Law are complete, the Administrative Law Judge (ALJ) writes a recommended decision and the matter is then returned to the Civil Service Commission. The Commission reviews the ALJ recommendation, as well as exceptions and cross-exceptions of the interested parties, after which it makes a final decision on your case.

 

What is this Appeal About?

It is an appeal of minor discipline, which means a formal written reprimand or a suspension or a fine of five working days or less.

Who May File this Kind of Appeal?

This appeal only applies to State government employment. It does not apply to local government employment, as local governments have their own, separate procedures for the appeal of minor discipline.

However, not all State government employees may file a minor discipline appeal. Only those State employees who have permanent status or who are serving in their working test period may file a minor discipline appeal.

Also, if you are represented by a union, you need to contact your union representative and follow your union’s minor discipline appeal procedures.

How Do I Appeal?

Once you have received your final written decision from your employer concerning your minor discipline appeal, you will have 20 days from the date you receive the decision to file your appeal with the Civil Service Commission. If you are represented by a union, you may only file a minor discipline appeal with the Commission if your union contract permits you to do so. Your appeal must include the Appeal of Minor Discipline Action Form as well as your written arguments and any documentation to support your arguments.

What Happens Next?

The Civil Service Commission will review the information and arguments by both you and your employer and may ask for further information, after which the Commission will make a written decision. In a minor discipline appeal, your employer has the burden of proof. However, if you are a permanent employee or an employee in your working test period your minor disciplinary appeal will be referred to the Office of Administrative Law for a hearing if:

• Your last suspension or fine is five working days or less and your combined number of days in which you have been suspended or fined in a calendar year, including the last suspension or fine, is 15 working days or more, or
• You appeal your last suspension or fine in a calendar year and you have received more than three suspensions or fines of five working days or less in that calendar year.

If the Civil Service Commission refers your Minor Disciplinary Appeal to the Office of Administrative Law for a hearing by an Administrative Law Judge, once the proceedings at the Office of Administrative Law are completed, the Administrative Law Judge will write a recommended decision and the matter is then returned to the Civil Service Commission. The Commission reviews the ALJ recommendation, as well as exceptions and cross-exceptions of the interested parties, and makes a final decision on your appeal.

 

What is this Appeal About?

A grievance involves a complaint concerning any term or condition of employment which is not within your control and which your employer has the ability to correct.

Who May File a Grievance Appeal?

Any State employee in either the career or unclassified services may file a grievance appeal. You do not have to have permanent status or be in your working test period. However, if you are represented by a union and the grievance involves the union contract, the grievance procedures in that contract must be followed. Local employees must check with their employers to find out about local grievance procedures.

How Do I File a Grievance Appeal?

Once you have received your final written decision from your employer concerning your grievance, you will have 20 days from the date you receive the decision to file your appeal with the Civil Service Commission. Your appeal must include the Grievance Procedure Form, as well as your arguments in support of your appeal, and any supporting documentation.

What Happens Next?

The Civil Service Commission will review the information and arguments by both you and your employer and may ask for further information, after which the Commission will issue a written decision. The employee has the burden of proof in a grievance.

 

What Is This Appeal About?

This is an appeal that concerns two types of situations. The first involves a threat to retaliate or an actual act of retaliation by an employer in response to an employee “blowing the whistle” on an employer for doing something illegal, mismanaging a government program or abusing government authority.

The second situation concerns a threat by an employer to politically coerce an employee or actually (not just threatening to) politically coercing an employee because of political activities or affiliations of the employee which the employee pursues outside of the workplace.

Who May File a Retaliation/Political Coercion Appeal?

Any State or local employee in the career, unclassified or senior executive service may file a retaliation appeal.

Any State career or senior executive service employee with permanent status, or local career service employee, may file a political coercion appeal. Also, an unclassified State employee who does not have a policy-making or confidential job may file a political coercion appeal.

How Do I File a Retaliation/Political Coercion Appeal?

You may file an appeal within 20 days of the action or the date on which you should reasonably have known of the action.

What Happens Next?

The Civil Service Commission will review the information and arguments by both you and your employer and may ask for further information, after which the Commission will issue a written decision.

 

What Is This Appeal About?

This is an appeal concerning the correct classification of a job (position). Typically, an employee filing this kind of appeal believes that his or her job duties are not the duties listed in the job specification of the title that the employee holds. The idea of this appeal is to either ask for incorrect duties to be removed from the employee’s responsibility, add duties that are appropriate to the employee’s title or change the employee’s title to fit the duties he or she is actually performing.

Who May File a Classification Appeal?

Any employee (or union representative) in the career or unclassified service in both State and local government may file a classification appeal. In local government, a civil service employer may also file a classification appeal.

How Do I File a Classification Appeal?

It must be submitted in writing to the Civil Service Commission within 20 days of receipt of a decision letter from a Commission staff member who conducted the classification review of the employee’s title. The appeal must include copies of all materials relevant to the appeal and also state which part of the Commission staff determination is being appealed and why.

What Happens Next?

The Commission may make a decision based on the documents submitted by the parties or may decide to have an independent classification reviewer do an informal review of the situation. If the Commission decides to appoint an independent classification reviewer, all parties will have the opportunity to participate in this independent review. The independent classification reviewer will submit a report and recommendation to the Commission within 30 days of doing the independent review. The report and recommendation will list findings, conclusions and recommendations about what should be done in this classification matter. The parties will then have the opportunity to comment on the independent reviewer’s report and recommendation. Once these comments are in, the Commission will make a written decision concerning the classification appeal.

 

What Is This Appeal About?

This is an appeal requesting that a job title in State service be reevaluated to determine its proper class code. In effect, this means that if there are important changes in the duties of the title that affect all employees serving in the title, a request can be made that the salary level of the title be adjusted to meet the changes in duties.

Who May File a Job Reevaluation Request?

Either a State employer or any State employee serving in the title may file a job reevaluation request. This appeal is not available for local employees or employers.

How Do I File a Job Reevaluation Request?

Once the employer or employee receives a decision from Commission staff on the reevaluation request, an appeal may be filed with the Civil Service Commission within 20 days. The appeal should provide all the information considered by Commission staff and point to the portions of the Commission staff decision that the employer or employee disagrees with, and why.

What Happens Next?

The Commission will either make a decision based on the documents submitted by those appealing or refer the appeal to an independent salary reviewer. All parties will have the opportunity to present arguments. However, no arguments that were not considered by Commission staff will be considered by the Commission.

If an independent salary reviewer is appointed by the Commission, the reviewer is required to submit a report and recommendation to the Commission within 30 days after reviewing the appeal with the parties. The parties will then have the opportunity to send the Commission exceptions to the reviewer’s report and recommendation within 15 days of receiving the report and recommendation. The parties will then have 10 days from receipt of exceptions to file cross-exceptions. Finally, the Commission will make a decision based on all the arguments and submissions.

 

What Are These Appeals About?

A position designation appeal is an appeal concerning whether a particular job held by an employee is exempt from the Fair Labor Standards Act or covered by it. This is another way of asking whether the job affords the employee holding the job a right to overtime.

A title designation appeal is an appeal concerning whether a job title – affecting a group of employees rather than just a position held by one employee – is exempt or covered under the FLSA.

Who May File a Position Designation or Title Designation Appeal?

Any State employee may file a position designation appeal about his or her specific job/position.

A State employee, or a State employer using a particular title for a group of employees, may file a title designation appeal.

Neither of the aforementioned appeals is available to local employees or employers.

How Do I File a Position Designation or Title Designation Appeal?

A State employee may file a position designation appeal – and a State employer or employee may file a title designation appeal – with the Civil Service Commission in writing within 20 days of receiving a decision from Commission staff.

What Happens Next?

The Commission will review all documents submitted by the parties and issue a written decision.

 

What Is This Appeal About?

This is an appeal to challenge one’s ineligibility for a civil service test. The ineligibility could be due to a person’s education or work experience, or because the person is in a title scope or a unit scope that does not qualify the person for the exam.

Who May File an Eligibility Appeal?

Anyone who receives a Notice of Ineligibility for an exam may file an appeal.

How Do I File an Eligibility Appeal?

You may file an appeal to the Civil Service Commission in writing within 20 days of receiving the Notice of Ineligibility.

What Happens Next?

The Commission will typically decide an appeal on the written record

 

What Is This Appeal About?

A make-up civil service examination may be granted if an individual is unable to take an exam on the test date for an approved reason and requests a make-up within the required timeframe. Stricter standards apply to make-ups in the case of professional level engineering promotional exams and open competitive and promotional police, fire, correction officer, sheriff’s officer, juvenile detention officer and other public safety exams. If Commission staff denies a make-up request, the individual may appeal this denial to the Civil Service Commission.

Who May File an Exam Make-Up Appeal?

Anyone requesting a make-up who is denied the make-up by Commission staff may file a make-up appeal.

How Do I File an Exam Make-Up Appeal?

You may file an appeal to the Civil Service Commission within 20 days of receiving a Commission staff decision denying a make-up request.

What Happens Next?

The Commission will typically decide an appeal on the written record.

 

What Is This Appeal About?

This is a challenge to the manner in which a civil service examination has been administered. For example, if an exam monitor made a mistake regarding the time allotted for the examination or treated candidates for the same test differently, these and other similar issues may be the kinds of things which someone taking the test may raise on appeal.

Who May File an Exam Administration Appeal?

Anyone who takes a civil service examination may file this type of appeal.

How Do I File an Exam Administration Appeal?

An individual may file a test administration appeal at the test site on the day of the test. If the individual filing the appeal is not happy with the Commission staff decision, he or she may file an appeal with the Civil Service Commission within 20 days.

What Happens Next?

The Commission will review the appeal on the written record and make a decision.

 

What Is This Appeal About?

This kind of appeal involves one of two things. First is a challenge to the test content. Is it appropriate or related to the job being tested for? The other is a challenge to the scoring of the test. Should the candidate have received more points for his or her responses? Was the keyed response the right one for the question being asked?

Who May File a Test Validity or Scoring Appeal?

Any individual who has taken a civil service test may file test validity or scoring appeals.

How Do I File a Test Validity or Scoring Appeal?

In the case of multiple choice exams, you may file an appeal concerning a keyed response to a test item or regarding whether the test is appropriate or related to the job being tested for to the Civil Service Commission either within five days of reviewing the test booklet, or within five days of the test date if you do not schedule a review of the test booklet.

Also with respect to multiple choice exams, you may file a scoring appeal to the Commission within 20 days after receiving your test results.

Regarding tests other than multiple choice, you may file a scoring appeal or an appeal of the appropriateness or job-relatedness of test content, to the Civil Service Commission within 20 days after reviewing your test paper, or within 20 days of receiving notice of your examination results if you do not schedule a review of your test paper.

What Happens Next?

The Civil Service Commission will review the appeal on the written record or via such other proceeding as it may deem appropriate.

 

What Is This Appeal About?

This is an appeal which may be filed if the name of an individual on an eligible list is removed from the list for non-medical or non-psychological reasons. For example, the employer may request the eligible’s removal because of concerns about his or her employment, criminal, or driving history. Another reason an eligible may be removed is if the employer believes that the eligible is a non-resident in a town or county that requires residency as a condition of employment.

Who May File a List Removal Appeal?

An eligible whose name has been removed from a list may file this kind of appeal.

How Do I File This Kind of Appeal?

You may file this kind of appeal with the Civil Service Commission within 20 days of receiving a notice from Commission staff confirming your removal from an eligible list.

What Happens Next?

The Civil Service Commission will review the appeal on the written record or via such other proceeding as it may deem appropriate.

 

What Is This Appeal About?

This is an appeal by an eligible concerning a disqualification from prospective employment for medical or psychological reasons.

Who Can File a Medical/Psychological Disqualification Appeal?

Anyone who receives notice that he or she is disqualified from employment for a career service position based on medical or psychological reasons may appeal this determination.

How Do I File a Medical/Psychological Disqualification Appeal?

You may file this kind of appeal with the Civil Service Commission within 20 days of the date of the notice of your disqualification from employment based on medical or psychological reasons.  Also, you may submit a report to the Commission from a New Jersey licensed physician, psychologist or psychiatrist (as applicable) of your own choosing within 90 days from the date you filed your appeal. 

What Happens Next?

Within 20 days of receipt of your appeal, the prospective employer is required to submit to the Commission and to you or your attorney all relevant background information, including investigations and medical reports. Psychological and/or psychiatric reports may be submitted only to your attorney or to your psychologist or psychiatrist upon written request.

The Commission may extend the time period for filing required reports for good cause. Then the Commission will either conduct a written record review of the appeal or refer the matter to the New Jersey Personnel Medical Review Panel or the New Jersey Personnel Medical Examiners Panel. 

Either panel may request additional reports, examinations, or other materials and may ask you questions if you appear before the panel. The panel will provide copies of its report and recommendation to you and your prospective employer; both parties are permitted to file written exceptions to the Civil Service Commission regarding the panel’s report and recommendation within 10 days of receipt, while the parties may file cross-exceptions within five days of receiving exceptions. Prior to making a final decision, the Commission may refer you for an independent professional evaluation.

 

What Is This Appeal About?

A working test period is part of the examination process in which the work performance of a new employee just appointed from an eligible list is evaluated. If the employee passes the working test period, he or she becomes permanent. The employee may file a working test period appeal if he or she does not pass the working test period.

Who May File This Kind of Appeal?

An employee who is terminated from employment or returned to his or her permanent title after failing a working test period may file a working test period appeal.

How Do I File a Working Test Period Appeal?

You must submit your appeal to the Civil Service Commission within 20 days from the date oSn which you received written notice that you have been terminated or returned to your permanent title at the end of your working test period.

What Happens Next?

The Civil Service Commission will send your appeal to the Office of Administrative Law for a hearing before an Administrative Law Judge. Once the proceedings at the Office of Administrative Law are completed, the Administrative Law Judge writes a recommended decision and the matter is then returned to the Civil Service Commission. The Commission reviews the ALJ recommendation, as well as exceptions and cross-exceptions, of the interested parties, and makes a final decision on your case.

 

What Is This Appeal About?

This appeal is a challenge to a determination by a State employer’s SLI coordinator that a State employee is not entitled to Sick Leave Injury (SLI) benefits. SLI benefits are defined as paid leave, not deducted from an employee’s regular sick days, which are provided to the employee for those days – totaling up to a year following the initial injury date – in which he or she is absent from work due to a work-related injury [//www.nj.gov/csc/termdict/index.htm].f

Who May File a Sick Leave Injury Appeal?

Any State employee who requests SLI but is denied SLI by his or her employer’s SLI Coordinator may file a sick leave injury appeal.

How Do I File a Sick Leave Injury Appeal?

You may file a sick leave injury appeal with the Civil Service Commission within 20 days of receiving a determination from the SLI Coordinator denying your SLI request in whole or in part.

What Happens Next?

Copies of all materials submitted to the Commission must also be provided to the other parties in the appeal. The burden of proof will be on the employee to establish that he or she is entitled to SLI benefits by a preponderance of the evidence. The Commission will make a determination based on the written record.

 

What Is This Appeal About?

This appeal concerns a State employee’s eligibility for  Supplemental Compensation on Retirement (SCOR), which is compensation that the State pays to the employee upon the employee’s retirement based on half the value of his or her remaining sick days up to a maximum of $15,000.

Who Can File a Scor Appeal?

A retiring State employee who receives a determination from Commission staff that he or she is not eligible for SCOR may appeal this decision.

How Do I File a Scor Appeal?

You have 20 days from the date you receive notice of the SCOR determination to file an appeal with the Civil Service Commission.

What Happens Next?

The Commission will typically decide an appeal on the written record.

 

What Is This Appeal About?

This appeal concerns job performance standards and the final job performance rating of an employee.

Who Can File This Kind of Appeal?

A career service employee in State government and those unclassified State employees designated by their employers as subject to the PAR system may file this kind of appeal. Local government employees may be subject to their own employers’ performance evaluation systems which are not appealable to the Civil Service Commission.

How Do I File a Par Appeal?

You may file a PAR appeal challenging your job performance standards or your final job performance rating with the Civil Service Commission within 20 days of receiving your employer’s decision, or the decision of the Joint Union Management Panel (JUMP) as the case may be. You must include a copy of your employer’s or JUMP Panel decision and the basis for your appeal; you will have the burden of proof to establish that your performance standards or final performance rating were arbitrary, unreasonable or induced by improper motives.

What Happens Next?

The Civil Service Commission will decide the appeal based on the written record or such other proceeding as it may deem appropriate.

 

What Is This Appeal About?

This appeal concerns prohibited discrimination/harassment in violation of the State Policy Prohibiting Discrimination in the Workplace. Generalized “harassment” is not included.

Who Can File This Kind of Appeal?

Any State employee may file this kind of appeal if the employee believes that he or she has been subjected to discrimination/harassment in violation of the State Policy Prohibiting Discrimination in the Workplace, as well as any applicant for State employment and any State employee who has been found to have committed acts of prohibited discrimination/harassment. Local employees should go to the Division on Civil Rights or the Equal Employment Opportunity Commission rather than the Civil Service Commission, as the Commission does not handle local discrimination matters.

How Do I File This Kind of Appeal?

If you are challenging prohibited discrimination/harassment, you may submit your appeal to the Civil Service Commission within 20 days of receipt of the final letter of determination from the State agency head or designee. The appeal must include all materials presented by you in the appeal process prior to filing your appeal with the Commission. However, if this appeal raises issues that may be handled through another appeal process (i.e., classification, major discipline, SLI), then you must utilize that other appeal process. The Commission may still require that the discrimination appeal process be utilized or that some other combination of procedures be utilized in this instance.

If you have been found in the final letter of determination to have committed prohibited discrimination/harassment, but have not been subjected to disciplinary action as a result, you may file an appeal of this determination to the Commission within 20 days of receiving the determination.

What Happens Next?

The burden of proof is on the appellant in this kind of appeal. The Civil Service Commission will decide the appeal on a review of the written record or such other proceeding as it deems appropriate.

What Are My Other Options in Discrimination Matters?

Any State or local employee or applicant for State or local employment may file a complaint with the New Jersey State Division on Civil Rights [see N.J.S.A. 10:5-1 et seq.], or the U.S. Equal Employment Opportunity Commission [see 42 U.S.C. § 2000e(a)] and may do so in addition to filing an appeal with the Civil Service Commission.

 

What Is This Appeal About?

This is an appeal claiming that an employee’s layoff rights or seniority have been calculated and/or applied incorrectly.

Who May File a Layoff Rights Appeal?

Any permanent employee or employee serving in a working test period within State or local government employment who disagrees with the determination of rights they have received may file this kind of appeal.

How Do I File a Layoff Rights Appeal?

Within 20 days of receipt of a determination from Commission staff regarding the employee’s final notice of status, you may file an appeal with the Civil Service Commission.

What Happens Next?

The Commission will make a decision on your layoff rights appeal based on a review of the written record. The burden of proof is on the appellant.

 

What Is a Good Faith Layoff Appeal?

This is a challenge to the good faith of a layoff by your employer. A lack of “good faith” would mean that the employer laid off or demoted an employee in lieu of (instead of) layoff for reasons other than economy, efficiency or other related reasons. In other words, if the employer laid off an employee or demoted the employee in lieu of layoff for reasons other than trying to save the agency money or streamline operations, this would be an argument that the employer did not act in good faith.

Who Can File a Good Faith Layoff Appeal?

A permanent employee or an employee serving in his or her working test period who is laid off or received a demotion in lieu of layoff may file this kind of appeal.

How Do I File a Good Faith Layoff Appeal?

You file your appeal to the Civil Service Commission within 20 days of receiving the final notice of status [//www.nj.gov/csc/termdict/index.htm). In your appeal, indicate what you are appealing, your reasons for appeal, and what you would like the Commission to do in response to your appeal.

What Happens Next?

The Civil Service Commission will send your appeal to the Office of Administrative Law for a hearing before an Administrative Law Judge. Once the proceedings at the Office of Administrative Law are completed, the Administrative Law Judge writes a recommended decision and the matter is then returned to the Civil Service Commission. The Commission reviews the ALJ recommendation, as well as exceptions and cross-exceptions of the interested parties, and makes a final decision on your case.

 

What Is This Appeal About?

This appeal concerns the process of issuing a salary disapproval against one or more employees who are employed in violation of civil service law or rules or who are acting in violation of civil service law or rules.

Who Can File This Kind of Appeal?

If the Civil Service Commission issues a notice of salary disapproval regarding the illegal employment or illegal action of a civil service employee in State or local government, the affected employee or employees will have the opportunity to respond to the notice. Also, if the Commission orders a salary disapproval after hearing from the affected employees and employer, then they may appeal this order in writing to the Civil Service Commission.

How Do I File This Kind of Appeal?

If you have received a notice of salary disapproval from the Civil Service Commission regarding your employment, you will have 10 days from receipt of this notice to respond. If the Commission decides to order a salary disapproval regarding your employment, you will have 20 days from the receipt of this order to appeal to the Commission.

What Happens Next?

The Commission will decide this matter on the written record or in such other manner as it deems appropriate.

 

VETERANS PREFERENCE [NJAC 4A:5-1.1]

Veterans preference appeals are decided by the Adjutant General of the Department of Military and Veterans Affairs. The Civil Service Commission does not decide who is eligible for veterans preference.

 

Civil service rules regarding State Family Leave and Federal Family and Medical Leave are provided for your information only. [N.J.A.C. 4A:6-1.21 through 4A:6-1.21B] Appeals should be made to the State Division on Civil Rights in State Family Leave matters and to the U.S. Department of Labor in Federal Family and Medical Leave matters.