The New Jersey Civil Service Commission (CSC) recently highlighted a portion of its transfer rules for employees who have experienced layoffs. In accordance with N.J.A.C. 4A:4-7.1A(a), there are specific allowances for An intergovernmental transfer of a permanent employee between Civil Service governmental jurisdictions or the appointment of an employee by a Civil Service governmental jurisdiction, within one year of the effective date of a layoff for reasons of economy or efficiency in which the employee is separated from service from another Civil Service governmental jurisdiction.
Additionally, nonpermanent employees serving in entry-level law enforcement titles who were appointed from an eligible list and who have completed the required Police Training Commission training course may transfer to another jurisdiction upon consent of both the sending and receiving jurisdictions. However, the employee will be required to complete the full 12-month working test period with the receiving jurisdiction pursuant to N.J.A.C. 4A:4-7.1A(a)1.
State law outlines that an intergovernmental transfer requires the written consent of any sending jurisdiction, the receiving jurisdiction, and the affected employee, as well as the approval of the Civil Service Commission Chair, or their designee. The receiving jurisdiction may waive its residency ordinance or resolution in consenting to receive a transferring employee, provided, however, transferring police officers and firefighters maintain their New Jersey residency. A transferring employee, other than a police officer or firefighter, who is not a New Jersey resident and transfers to a receiving jurisdiction following a layoff of more than seven days, is subject to the New Jersey residency requirement in P.L. 2011, c. 70.
Also, the optional waiver of accumulated sick leave and seniority rights by a law enforcement officer, including a sheriff's officer and a county correctional police officer, requires the written consent of the receiving jurisdiction, the affected employee, and the Civil Service Commission Chair or their designee.
State law indicates that a transferred employee must be moved to a title substantially at the same level. The existence of an open competitive or promotional list in the receiving jurisdiction cannot be a bar to the transfer. The statute provides that where the title to which the employee is transferring is different from that held on a permanent basis in the sending jurisdiction, or from that held on a permanent basis prior to the effective date of separation from service due to layoff, as the case may be, the receiving jurisdiction must request that the Civil Service Commission Chair or their designee approve the title, based on the following criteria:
- The title(s) must have substantially similar duties and responsibilities.
- The education and experience requirements for the title(s) are the same or similar and the mandatory requirements of the new title cannot exceed those of the former title.
- There must be no special skills, licenses, certification, or registration requirements for the new title which are not also mandatory for the former title.
- Any employee in the former title can, with minimal training and orientation, perform the duties of the new title by virtue of having qualified for the former title.
N.J.A.C. 4A:4-7.1A(d) provides that permanent employees serving in law enforcement and Fire Fighter titles must be eligible only for an intergovernmental transfer to the corresponding entry-level title in the receiving jurisdiction.
We encourage you to review these rules with your labor counsel.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org or 609-695-3481, x110.