Civil Service Position

Back to Topic Index

Dress Requirements: A Civil Service ,employer may impose upon its employees dress requirements which are reasonably related to job performance. Decision: 5 N.J.A.R. 318; Where a public employee's choice of clothing impairs his ability to perform his job duties and causes others to eschew his performance, a disciplinary suspension is appropriate. Decision: 5 N.J.A.R. 318

Economic Layoff: Good faith in. an economic lay-off means that theremust be logical or at least reasonable connection between the established need for economy and the personnel action challenged. Decision: 5 N.J.A.R. 445; In a case involving an economic layoff, evidence of unlawful motivation is not tantamount to evidence of bad faith but merely requires that the eraployer's allegation of good faith be examined. Decision: 5 N.J.A.R. 445; Failure to perform any cost anaiysis before a layoff is made and the failure to follow proper layoff procedures refutes the presumption of good faith. Decision: 6 N.J.A.R. 025; A municipality's economic layoff of permanent employees is presumed to have been made in .good faith. Decision: 6 N.J.A.R. 025 Decision: 1 N.J.A.R. 001

Forefiture: Even if an employee has automatically forfeited his office at the time of his conviction by operation of statute, the State is not precluded from removing the employee in an administrative action independent of any criminal prosecution. Decision: 5 N.J.A.R. 473; Under N.J.S.A. 2C:51-2, "Forfeiture Statute" there are alternative methods for removing an individual from office, either administratively or through the courts. Decision: 6 N.J.A.R. 202; Corrections officer forfeited his position when he was convicted of harassment as a result of actions directed at his former supervisor. Decision: 12 N.J.A.R. 529

Job Description: Permanent assignment of a sheriff's officer to the courts is an attendant is improper since those duties are not included in the officer's job description. Decision: 2 N.J.A.R. 398

Political Activity: A suspension from the position of a county sheriffs officer for engaging in political activities is improper since only court personnel may not engage in political activity and the officer's permanent assignment to court duties was improper and inconsistent with his job title. Decision: 2 N.J.A.R. 398

Reinstatement--Counsel Fees: In this case, prior rule on counsel fees applied. Therefore, because the appellant's award of back wages had not been mitigated by earnings during the time she was discharged, appellant was not entitled to counsel fees. Decision: 11 N.J.A.R. 537

Sick Leave: While regulations restricting a police officer on sick leave to his home are valid they may not be applied in an arbitrary and unreasonable manner. Decision: 4 N.J.A.R. 479

Vacation Leave: Unused vacation leave may accumulate only during the next succeeding year. Additional vacation time does not accrue while an employee is improperly discharged. Decision: 11 N.J.A.R. 537

Working Test Period: The purpose of the working-test period is to enable the appointing authority to evalute an employee's working performance. The appointing authority must show good faith in evaluating the performance, i.e., the appointing authority has actually observed the probationer's performance and found it unsatisfactory. A fair evaluation is further evidenced by the giving of guidance and the notification of any deficiencies to the employee. Decision: 9 N.J.A.R. 084; In release at end of working-test period case, appellant has the burden of proving that he has been denied a fair evaluation of his work. Decision: 9 N.J.A.R. 084; Release at the end of a working test period is proper where appellant acts in a rude manner to library patrons and where, despite advice from her superiors, her demeanor fails to improve. Decision: 9 N.J.A.R. 084