N.J. Admin. Code § 4A:2-3.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 4A:2-3.7 - Appeals from appointing authority decisions: State service

(a) Minor discipline may be appealed to the Commission under a negotiated labor agreement or within 20 days of the conclusion of departmental proceedings under this subchapter, provided any further appeal rights to mechanisms under the agreement are waived.

1. The Civil Service Commission shall review the appeal upon a written record or such other proceeding as the Commission directs and determine if the appeal presents issues of general applicability in the interpretation of law, rule, or policy. If such issues or evidence are not fully presented, the appeal may be dismissed without further review of the merits of the appeal and the Commissions decision will be a final administrative decision.

2. Where such issues or evidence under (a)1 above are presented, the Commission will render a final administrative decision upon a written record or such other proceeding as the Commission directs.

(b) Grievances may be appealed to the Commission within 20 days of the conclusion of Step Two procedures under this subchapter or the conclusion of departmental procedures under a negotiated agreement.

1. The Commission shall review the appeal on a written record or such other proceeding as the Commission directs and render the final administrative decision.

2. Grievance appeals must present issues of general applicability in the interpretation of law, rule, or policy. If such issues or evidence are not fully presented, the appeal may be dismissed without further review of the merits of the appeal and the Commissions decision will be a final administrative decision.

(c) Appeals shall include:

1. A copy of the Appeal of Minor Discipline Action form or Civil Service Commission grievance form and all written records and decisions established during departmental reviews; and

2. Written argument and documentation.

(d) A copy of all material submitted to the Civil Service Commission must be served on the employees appointing authority.

(e) Failure to submit the material specified in (c) above may result in dismissal.

(f) In Commission reviews, the employee shall present issues of general applicability in the interpretation of law, rule, or policy (see (a)1 and (b)2 above). If that standard is met:

1. In grievance matters, the employee shall have the burden of proof.

2. In minor disciplinary matters, the appointing authority shall have the burden of proof.

N.J. Admin. Code § 4A:2-3.7

Amended by 46 N.J.R. 1331(c), effective 6/2/2014.