Civil Service Commission (See also, Merit System Protection Board )

Back to Topic Index

Appeal
While the 20-day time limit for an. appeal from a dismissal from a Civil Service position is mandatory and the Civil Service Commission is without authority to provide for an extension of that time period, it would be unjust to deprive appellant of her appeal rights when she has been advised that her appeal would be resubmitted but when the Department of Civil Service failed to so do. Decision: 1 N.J.A.R. 315
An appeal to the Civil Service Commission is timely when it is filed within 20 days of the date the appellant became aware that the Civil Service appeals procedure wgg applicable to his case. Decision: 2 N.J.A.R. 398
On appeals de novo from disciplinary actions, the Civil Service Commission may redetermine guilt or modify a penalty imposed. Decision: 4 N.J.A.R. 485
In an appeal to the Civil Service Commission, a denovo hearing requires an independent proceeding and a determination of the merits of testimony taken before it; it is not merely a new hearing on the record below, but a new plenary hearing at which evidence and testimony are presented. Decision: 7 N.J.A.R. 091
Exclusionary Rule
While Civil service disciplinary proceedings may result in suspension, or loss of job, they cannot be equated with criminal sanctions which justify the application of stricter standards to safeguard fundamental rights; thus; evidence seized in the search of a police officer's locker is admissible in an. administrative proceeding even if that search was found to be violative of the Fourth Amendment in a related, criminal proceeding. Decision: 1 N.J.A.R. 435
Jurisdiction
Although laid-off attendance counsellors had been employed by Newark Board of Education, they were classified Civil Service employees and their employment rights were governed by the Civil Service laws; thus, the Commissioner of Education cannot affect their rights of lay-off or re-employment. Decision: 2 N.J.A.R. 346