Bill Text: NJ A4310 | 2016-2017 | Regular Session | Introduced
Bill Title: Permits certain appointee to retain civil service position if eligibility error was made by Civil Service Commission.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2017-05-01 - Received in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [A4310 Detail]
Download: New_Jersey-2016-A4310-Introduced.html
Sponsored by:
Assemblyman CRAIG J. COUGHLIN
District 19 (Middlesex)
SYNOPSIS
Permits certain appointee to retain civil service position if eligibility error was made by Civil Service Commission.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning civil service appointments and amending N.J.S.11A:4-5.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.11A:4-5 is amended to read as follows:
11A:4-5. Use of eligible list. a. 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.
b. If an appointing authority makes an appointment from an eligible list certified by the commission and the appointee is later found to have been ineligible for the appointment at the time the commission certified the appointee's eligibility, then the appointee may retain the position with the appointing authority, provided that the commission's determination of the appointee's eligibility for the position was a clerical error immaterial to the appointee's qualifications or ability to perform the essential duties of the position, and was not the result of the appointee's willful concealment of a material fact affecting eligibility or a fraudulent representation made by the appointee to the commission.
(cf: P.L.2008, c.29, s.34)
2. This act shall take effect immediately.
STATEMENT
This bill permits certain persons appointed to civil service positions to retain the position if there was a clerical error made by the Civil Service Commission with regard to the person's eligibility.
Under the bill, if an appointing authority makes an appointment from an eligible list certified by the commission and the appointee is later found to have been ineligible for the appointment at the time the commission certified the appointee's eligibility, then the appointee may retain his or her position. An appointee may retain the position under this bill if the commission's determination of the appointee's eligibility for the position was a clerical error immaterial to the appointee's qualifications or ability to perform the essential duties of the position, and was not the result of the appointee's willful concealment of a material fact affecting his or her eligibility or a fraudulent representation made by the appointee to the commission. This bill will allow an appointing authority to avoid financial costs and disruptions of work if it later finds that an appointee trained and compensated by the authority was ineligible for the appointment at the time the commission certified the appointee's eligibility.
