N.J. Admin. Code § 4A:3-1.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 4A:3-1.3 - Unclassified service

(a) A job title shall be allocated by the Civil Service Commission to the unclassified service when:

1. In State service, the title is so designated under 11A:3-4;

2. In local service, the title is so designated under 11A:3-5;

3. The title is designated unclassified by another specific statute;

4. A specific statute provides that incumbents in the title serve for a fixed term or at the pleasure of the appointing authority; or

5. The Civil Service Commission determines that it is not practicable to determine merit and fitness for appointment in or promotion to that title by examination and that it is not appropriate to make permanent appointments to the title.

(b) In local service, no more than 10 municipal department heads may be allocated to the unclassified service in each municipality. A department head in a municipality, where not otherwise set by statute, is a person whose position has been created by ordinance or resolution, as appropriate, to perform substantial managerial duties, and who has the authority and powers of appointment, removal, selection for promotion, and control of the assignment and work of subordinates subject only to the legislative power of the governing body and applicable statutes.

(c) In local service, a principal executive officer, for purposes of unclassified appointments under N.J.S.A. 11A:3-5(h) and (j), is a managerial title which is independent of other executive authority, and is established by statute or designated by the Civil Service Commission.

(d) In State service, a principal executive officer, for purposes of unclassified appointments under 11A:3-4(h), is one who is appointed by the Governor with the advice and consent of the Senate.

N.J. Admin. Code § 4A:3-1.3

Amended by 49 N.J.R. 1182(a), effective 5/15/2017