The appointing authority may lay off an employee
in the classified service for purposes of efficiency or economy or
other valid reason requiring a reduction of the number of employees
in a given class.
A.
No permanent employee shall be laid off until all
emergency, temporary and provisional employees and all probationers
who are serving their working test period holding positions in the
same class in the organization unit are separated, nor shall a permanent
employee be laid off except in accordance with the procedure as prescribed
in these rules.
B.
Whenever possible, such employee shall be demoted
in lieu of layoff to some lesser office or position in the same organization
unit, as determined by the Chief Examiner and Secretary.
The order of layoff or demotion shall be in
accordance with the procedures set forth in N.J.A.C. 4:1-16.3.
A.
No employee in the classified service shall be laid
off or demoted in lieu of layoff until he shall have been given notice
in writing personally or by certified mail of the date upon which
he will be laid off or demoted and the reasons for the action. Such
notice shall be served at least 45 days before the layoff or demotion
becomes effective, and a copy of such notice must be sent to the Civil
Service Department at the same time.
B.
An employee who shall be laid off or demoted in lieu
of layoff shall have the right to appeal to the Commission, provided
such appeal is received by the Commission within 20 days after the
date of receipt of notice.
A.
The Chief Examiner and Secretary shall, after receipt
of the notice, determine the demotional and reemployment rights of
the employee to be laid off or demoted and, within a reasonable time
not to exceed 45 days, notify the employee and the appointing authority
of such rights.
B.
The name of any employee laid off or demoted in lieu
of layoff shall be placed on a special reemployment list for the position
from which he has been laid off or demoted.
C.
When an office or position of the same or comparable
duties and responsibilities to that previously held by the employee
is to be filled in the same organization unit, the name of the employee
on the special reemployment list shall be certified before using the
open competitive list or a regular reemployment list.
D.
If a comparable position in any other unit is to be
filled by appointment from an open competitive eligible list or a
regular reemployment list, the name of the employee on the special
reemployment list shall be certified before using the open competitive
list or a regular reemployment list.
A.
An employee may request and, with the approval of
the appointing authority, be granted a demotion. Such demotion shall
be to a lesser position with the salary or pay thereto attached.
B.
The name of said employee shall not be placed on a
reemployment list for the position from which he requests demotion
unless requested by the appointing authority and approved by the Chief
Examiner and Secretary.
A.
The appointing authority may suspend without pay or
with pay, fine or demote an employee due to inefficiency, incompetency,
misconduct, negligence, insubordination or for other sufficient cause,
however:
(1)
An employee who shall be suspended, fined or demoted
more than three times in any one year, or more than five days at one
time, or for a period of more than 15 days in the aggregate in any
one calendar year shall be served with written charges and have the
right of appeal to the Civil Service Commission. The Commission shall
have the power to revoke or modify the action of the appointing authority,
except that removal from service shall not be substituted for a lesser
penalty.
(2)
The appointing authority shall notify the employee
and the Department of Civil Service of the reasons for the suspension,
fine or demotion regardless of the extent or duration of the disciplinary
action.
(3)
No suspension shall exceed six months.
(4)
Nothing herein contained shall limit any rights which
an employee may have to a hearing by any provision of state statute.
A.
A permanent employee in the classified service may
not be removed except for just cause upon written charges. Notice
of the removal shall be sent to the employee on the form prescribed
by the Civil Service Commission, and a copy of said notice shall be
sent to the Civil Service Department at the same time.
B.
A provisional or temporary employee may be terminated
at any time at the discretion of the appointing authority. A provisional
or temporary employee who has been terminated shall have no right
to appeal to the Civil Service Commission.
A.
Any one of the following shall be cause for removal
from the service, although removals may be made for sufficient causes
other than those listed:
(1)
Neglect of duty;
(2)
Incompetency or inefficiency;
(3)
Incapacity due to mental or physical disability;
(4)
Insubordination or serious breach of discipline;
(5)
Drinking on public property during normal working
hours;
(6)
Intoxication while on duty;
(7)
Chronic or excessive absenteeism;
(8)
Disorderly or immoral conduct;
(9)
Willful violation of any of the provisions of the
civil service statutes, rules or regulations or other statutes relating
to the employment of public employee;
(10)
The conviction of any criminal act or offense;
(11)
Negligence of or willful damage to public property
or waste of public supplies;
(12)
Conduct unbecoming an employee in the public service;
and
(13)
The use or attempt to use one's authority or official
influence to control or modify the political action of any person
in the service or engaging in any form of political activity during
working hours.
The Civil Service Commission shall grant a hearing
on the causes for removal if the employee sought to be removed appeals
to the Commission for such a hearing as prescribed within the Civil
Service Rules. The Commission in its decision may revoke or modify
the action of the appointing authority.
A.
Within 30 days after receipt of the notice of removal
from an Appointing Authority whether or not any appeal has been received,
the Commission may make its own investigation to determine whether
the facts warrant the removal.
B.
The Commission shall, as soon as practicable after
the investigation, certify its decision to the appointing authority
who shall immediately comply with the decision.
A.
Any employee in the classified service may resign
in good standing by giving the appointing authority at least 14 days'
written notice unless the appointing authority consents to a shorter
notice.
B.
If an employee resigns without giving the required
notice, he shall be held as having resigned not in good standing.
C.
A request to rescind the resignation prior to its
effective date may be consented to by the appointing authority and
approved by the Civil Service Department.
A.
An employee who has resigned in good standing may
within two years of the effective date of his resignation request
consideration of reemployment by indicating his availability for employment
to the appointing authority or his designate from whose agency he
had resigned.
B.
Upon recommendation of the appointing authority the
employee shall have his name placed on a regular reemployment list
for the position from which he had resigned. No name shall remain
on the regular reemployment list beyond two years from the date of
resignation.
A.
Any employee who is absent from duty for five consecutive
business days without notice and approval of his superior of the reason
for such absence and the time he expects to return or who fails to
report for duty within five business days after the expiration of
any authorized leave shall be held to have resigned not in good standing.
B.
The employee shall be properly notified by personal
service or certified mail, return receipt requested, of the involuntary
resignation and the precise reasons therefor and entitlement to a
departmental hearing if he so desires, in accordance with N.J.A.C.
4:5-15 et seq. The appointing authority shall report the resignation
to the Department of Civil Service.
