Promotional Lists for Deputy Fire and Police Chief, CSC Docket No. 2021-1161

BackgroundThe Division of Agency Services requests that the eligible lists for certain promotional public safety titles be revived and extended for one year beyond their original expiration date, not to exceed four years, or until a new list becomes available, whichever occurs first.

By way of background, the instant request involves certain promotional lists for the titles of Deputy Fire Chief, Fire Chief, Fire Officer 4, Deputy Police Chief, and Police Chief, as listed below. The subject promotional lists for the title of Deputy Fire Chief promulgated on June 8, 2017 and expired on June 7, 2020. The subject promotional list for the title of Deputy Police Chief promulgated on January 4, 2018 and expired on January 3, 2021. The promotional eligible lists for the titles of Fire Chief and Fire Officer 4 promulgated on December 28, 2017 and expired on December 27, 2020. The subject promotional lists for the title of Police Chief promulgated between July 7, 2017 and January 4, 2018 and expired between July 6, 2020 and January 3, 2021.

In order to ensure that promotional lists for public safety titles are available at all times, the Division of Agency Services requests that the following lists be extended for one year beyond their original expiration date, not to exceed four years, or until a new list becomes available, whichever occurs first: Deputy Fire Chief (PM3073U), Township of Belleville; Deputy Fire Chief (PM0130V), City of Clifton; Deputy Fire Chief (PM3241V), Township of Hillside; Deputy Fire Chief (PM3079U), Willingboro Township; Deputy Police Chief (PM1112V), City of Long Branch (Long Branch); Fire Chief (PM1103V), City of Camden; Fire Chief (PM1106V), City of Orange; Fire Officer 4 (PM2186V), City of Jersey City; Police

Chief (PM1117V), City of Burlington; Police Chief (PM2191V), Town of Harrison; Police Chief (PM0121V), City of Linden; Police Chief (PM1120V), Long Branch; and Police Chief (PM1122V), Township of Pohatcong.

CONCLUSION

RuleN.J.A.C. 4A:4-3.3(b) provides, in pertinent part, that promotional lists shall be promulgated for three years from the date of their establishment and that an eligible list may, for good cause, be extended prior to its expiration date, except that no list shall have a duration of more than four years. N.J.A.C. 4A:4-3.4 provides that an expired eligible list may be revived for good cause.

AnalysisExtension of the indicated lists is appropriate for those jurisdictions or agencies that have a need to fill vacancies in order to provide appropriate public safety protection. Such action would ensure that a viable list of eligible candidates exists to fill vacancies. Due to potential need, good cause has been established to extend the indicated lists to fill potential vacancies.

It is noted that while provisional appointments may be made in the absence of a list, a basic tenet of the Civil Service Act and its implementing rules is that appointments and promotions are awarded based on merit and fitness, which is measured by competitive examinations. In this regard, by extending the indicated lists, fully-qualified candidates may be appointed rather than untested provisional employees.

ORDER

Therefore, it is ordered that this request be granted and the lists for the indicated public safety promotional titles be revived and extended for one year, not to exceed four years, or until a new list becomes available, whichever occurs first. It is further ordered that a copy of this decision be provided to all affected appointing authorities.

ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.