All nonpromotional positions within the classified
service of the Township of Burlington shall be appointed in accordance
with the procedures set forth below.
A.
Residence. Except where the appointing authority shall
certify to the Commission that there is an inadequate supply of eligibles
for a position within the Township of Burlington, initial preference
shall be given to applicants who are residents of the Township of
Burlington for any position within the government of the Township
of Burlington.
B.
Competitive examinations. Except where the position
to be filled does not require the taking of an examination as set
forth within N.J.A.C. 4:1-10.1, all appointments to permanent position
within the government of the Township of Burlington shall be made
by the appointing authority from the list of certified eligibles promulgated
by the Department of Civil Service after the holding of competitive
examinations. These examinations shall be conducted by the Department
of Civil Service pursuant to the procedures set forth within N.J.A.C.
4:1-8.1 et seq., N.J.A.C. 4:1-9.1 et seq., and N.J.A.C. 4:1-10.1 et
seq., and the list of eligibles created pursuant to N.J.A.C. 4:1-11.1
et seq.
C.
Physical examination. The appointing authority shall
require all job applicants to submit to a physical examination by
the Township Physician or designated alternate to determine the general
good health of a job applicant or special physical conditions which
may affect the ability of the applicant to fulfill the duties of his
position. In order to assure the presence of emotional and intellectual
stability of members of the Police Department of Burlington Township,
the appointing authority shall also require candidates for the Police
Department to have a psychiatric evaluation prior to the employment
in order to determine the personality, integration and emotional stability
of each candidate.
A.
Provisional appointments.
(1)
Appointment. Pending the establishment of an appropriate
eligible list, the appointing authority, with the approval of the
Department of Civil Service, may fill a vacant position by provisional
appointment. Such appointment shall continue only until an appropriate
eligible list is established or until certification and appointment
is made from an existing list.
(2)
Limitations.
(a)
No authorization for a provisional appointment
shall be given when the name of any person eligible and willing to
accept appointment remains on any eligible list for that class, except
that an eligible person remaining on the list may request such provisional
appointment, in which case his appointment must be made pending a
complete list of eligible persons, unless the position is made vacant
or unless the employee is sooner removed for sufficient cause.
(b)
A person who does not possess the minimum qualifications
may not receive a provisional appointment.
(c)
No person shall receive more than one provisional
appointment to the same position in any fiscal year unless scheduled
examinations have failed to produce a list adequate to fill all such
classes of positions then held on a provisional basis.
B.
Permanent appointments.
(1)
List acquisition. Prior to the appointment of any
individual to a permanent position within the government of the Township
of Burlington, the appointing authority shall contact the Department
of Civil Service and request a certification of the names of persons
eligible for appointment for the position involved.
(2)
Appointment. The appointing authority shall make the
appointment to the position involved from among the list of certified
eligibles. All such appointments shall be subject to the working test
period.
C.
Certification lists.
(1)
Certification from eligibles. When a certification
is to be made, the Department of Civil Service shall certify to the
appointing authority the name and address of the eligible or eligibles
highest on the appropriate list, promulgated pursuant to N.J.A.C.
4:1-1 et seq., who have indicated interest in that employment.
(2)
Number of names to be certified. The appointing authority
is entitled to a certification of the names of three eligible persons
for a permanent appointment to be made and the name of one more eligible
for additional appointment.
(3)
Certification of less than three names. Whenever fewer
than three names are certified, the appointing authority may appoint
from such incomplete certification or may decline to make a permanent
appointment from such list until such time as a complete certification
of the names of three persons willing to accept the position has been
certified.
(4)
Certification from list for another class. When a
certification is required to fill a position in a class for which
there is no eligible list, the Department of Civil Service may certify
names of eligibles from a list promulgated for another class of the
same or higher level in the same or related series, upon a determination
by the Chief Examiner and Secretary that the use of such list will
be in the best interest of the service and that:
(5)
Certification without regard to sex.
(a)
When an employment list has been promulgated
without regard to sex of the eligible, certification of eligibles
of one sex shall not be made unless otherwise required by statute
or in response to a request from the appointing authority.
(b)
Upon such a request, the Department of Civil
Service shall inquire into and determine whether the duties and responsibilities
of the position to be filled and the conditions under which the work
is to be done require one sex rather than the other.
(6)
Eligibles absent in military service.
(a)
The name of eligibles on any employment list
known to be absent and in the military or naval service of the state
or United States shall be included in the certification of eligibles,
and the appointing authority may consider such eligibles to be available
for appointment even though reporting for actual work may be delayed.
(b)
Upon termination of military duty, such eligible
appointed shall have the same rights, privileges and obligations as
if he had served continuously in such position from the date of such
appointment, except that he must successfully complete the required
working test period for that position.
(7)
Notifying eligibles of certification. When the name
of any eligible is certified to the appointing authority, the Department
of Civil Service shall send a notice to the eligible of such certification.
Such notice shall contain the regulations concerning the certification.
Such notice shall be forwarded to the eligible at the address as it
appears on his application for the examination or other address subsequently
advised.
(8)
Removal of names. The name of an eligible person may
be removed from an eligible list for any of the following or other
valid reasons:
(a)
Permanent appointment of the eligible individual
through certification to the position for which the list was promulgated
or declared appropriate;
(b)
Inability, unavailability, or refusal to accept
appointment;
(c)
Notice by the postal authorities that they are
unable to locate the eligible at his last known address;
(d)
The eligible has not complied with the regulations
listed on the notice of certification;
(e)
The eligible discontinues his residence in the
jurisdiction to which an open competitive examination was limited;
(f)
The eligible has voluntarily transferred from
the organizational unit to which the examination has been opened;
(g)
The eligible has involuntarily transferred,
as qualified in N.J.A.C. 4:1-15.5(b); or
(h)
As listed in N.J.A.C. 4:1-8.14 for rejection
of application.
(9)
Notice of removal. Any person whose name is to be
removed in accordance with the provisions of N.J.A.C. 4:1-12.11(b)
through (h) shall be notified of the removal and given an opportunity
to submit facts to the Civil Service Commission in writing within
20 days after receipt of notice of removal for consideration in a
review of the determination.
(10)
Withholding names from certification. The name of
an eligible may be withheld from a certification for any of the following
or other valid reasons:
(a)
The appointing authority has made objection
to the eligible for good and sufficient reason, which has been sustained
by the Chief Examiner and Secretary;
(b)
The eligible has for good and sufficient reason,
which has been sustained by the Chief Examiner and Secretary, declined
appointment at the time of certification; or
(c)
The eligible has previously been certified as
in N.J.A.C. 4:1-12.8(a).
(11)
Effect of removal or withholding names of eligibles.
The removal or withholding of a name shall advance all names below
it on the eligible list and whenever necessary the Department of Civil
Service may supplement a certification with names so advanced in order
to give the appointing authorities the number of names necessary to
provide a complete certification. Any supplement certification shall
be considered a new certification to be disposed.
(12)
Appointment of eligibles certified.
(a)
Except as modified by N.J.A.C. 4:1-12.15 and
12.3, the appointing authority, after receipt of a certification from
the lists of eligibles, shall:
[1]
Appoint one of the three eligibles from the
employment list, provided that, from an open competitive list, disabled
veterans and veterans are appointed in their order.
(b)
The appointing authority shall notify the Department
of Civil Service of the disposition of the certification within 15
days after receipt of the certification.
(13)
Date of appointment. The date of appointment and commencement
of work of an eligible shall not be made subsequent to the expiration
date of the employment list, except:
(a)
When the eligible is in the armed services or
is on military leave, he may commence work upon his return from such
military leave or upon his discharge from the armed services;
(b)
Pursuant to N.J.A.C. 4:1-11.7; or
(c)
When the certification from the Department of
Civil Service is made less than 15 calendar days prior to the expiration
of the employment list, in which case the date of appointment and
commencement of work shall be within 15 calendar days from the date
of certification.
(14)
Certification of additional eligibles. If the appointee
cannot begin work within a reasonable time from the date of his acceptance
of the position offered, the appointing authority may consider such
eligible unavailable and report this to the Department of Civil Service,
which shall, if necessary, certify an additional name or names to
complete the certification.
(15)
Report of appointing authority. The appointing authority
shall report to the Department of Civil Service forthwith upon any
appointment or employment:
D.
Working test period.
(1)
Working test (probationary) period. All regular appointments
to positions in the competitive, noncompetitive and labor divisions
of the classified service shall be subject to a working test period.
(2)
Purpose of working test period. The purpose of the
working test period is to enable the appointing authority to evaluate
the employee's work performance and conduct in order to determine
whether the employee merits permanent status.
(3)
Duration of working test period. The working test
period shall not include any time served by an employee under provisional,
temporary or emergency appointment but shall commence with the date
of beginning work after regular appointment and extend over for a
period of three months or no more than 90 days, which may not be extended.
(4)
Exceptions to length or working test period. The provisions of Subsection D(3) above notwithstanding, a working test period shall extend beyond the period therein prescribed if such extension is:
(a)
Due to the requirement that a new police officer
is required to complete a basic police training program recognized
by the New Jersey Police Training Commission, in which event the working
test period shall not begin until the employee has completed such
a program.
(b)
Due to the requirement that a new employee obtain
certain licenses or degrees, in which event the working test period
shall not begin until the employee has completed such a program.
(c)
Expressly provided by legislation.
(5)
Unsatisfactory performance during working test period.
If the conduct and/or performance of the probationer is unsatisfactory,
the appointing authority shall give written notice to the probationer
and the Department of Civil Service that the services of the probationer
will be discontinued and the reasons for such action. Such notice
shall be made upon the expiration of the working test period.
(6)
Privilege of a hearing.
(a)
The probationer may be permitted a hearing to
present evidence in his behalf concerning the appointing authority's
conclusion that his services are unsatisfactory. Such hearing shall
be granted or denied on its merits as provided in N.J.A.C. 4:1-5.2.
(b)
For any reason other than unsatisfactory performance,
separation during the working test period must conform to the procedures
relating to removal of permanent employees, including the right to
a hearing.
(7)
Restoration to employment test or former position.
(a)
An employee whose services during the working
test period have been found unsatisfactory and who for that reason
has been separated from service may be restored, upon his request,
to the employment list for future employment when vacancies in the
class occur, provided he is considered by the Chief Examiner and Secretary
to be suitable for employment in another position.
(b)
Any permanent employee who is promoted to a
position in a higher class and whose services have been discontinued
at the end of the working test period or who voluntarily discontinues
his service shall be restored to his former position unless he has
been disqualified for further employment.
(c)
Any permanent employee who accepts appointment
to another position in the same organization unit or department not
considered a promotion, and who is removed from that position at the
end of the working test period, shall be restored to his former position
unless he has been disqualified for further employment.
