James Bellamy, CSC Docket No. 2024-2203

BackgroundHudson County requests to transfer County Correctional Police Sergeant James Bellamy from the Somerset County Sheriff’s Office, a non-Civil Service jurisdiction, to the title of County Correctional Police Officer.

Appellant's argumentIn its request, the Hudson County Department of Corrections and Rehabilitation submits Bellamy’s resume which indicates that he has been a County Correctional Police Sergeant for the Somerset County Sheriff’s Office-Jail Division from May 2015 to the present and was a County Correctional Police Officer for Hunterdon County Department of Public Safety and Health-Division of Corrections from January 2012 to May 2015. Additionally, Bellamy provides that he is Police Training Commission certified, and he completed the basic course for Correctional Police Officer through the Somerset County Police Academy. Further, Hudson County presents that Chief Frank J. Apisa, Somerset County Sheriff’s Office- Correctional Division, indicated that he is in full agreement with the request as he will do anything to help with the process because his department is in “limbo” because it is unsure as to whether how many officers will be laid off.

CONCLUSION

RuleN.J.A.C. 4A:4-7.1A(a) provides, in pertinent part, that an intergovernmental transfer is the movement of a permanent employee between governmental jurisdictions operating under Title 11A, New Jersey Statutes. The intergovernmental transfer rules permit the transfer of State, county and municipal employees between jurisdictions without loss of permanent status, subject to the approval of the transferring agency, the receiving agency, the transferring employee, and the approval of the Chairperson or designee.

AnalysisSince the Somerset County Sheriff’s Office is not a governmental jurisdiction operating under Title 11A of the New Jersey Statutes, Bellamy does not have permanent Civil Service status and the provisions of N.J.A.C. 4A:4-7.1A(a) do not apply. However, the Somerset County Sheriff’s Office has indicated that it may need to lay off officers. Therefore, it supports the transfer of its officers who are interested in transferring to Hudson County. Further, by agreeing to accept Bellamy’s transfer request, it appears that Hudson County has an immediate need for certified County Correctional Police Officers, which it cannot timely fulfill through regular Civil Service procedures or through intergovernmental transfers with other Civil Service jurisdictions. Therefore, the Civil Service Commission (Commission) finds good cause to allow the transfer of County Correctional Police Sergeant James Bellamy from the Somerset County Sheriff’s Office, a non-Civil Service jurisdiction, to the non- supervisory title of County Correctional Police Officer. As this is an equitable remedy being implemented through relaxation of rules, Civil Service seniority and seniority- related privileges shall not be transferrable.

The Commission must emphasize that the remedy provided by this decision is limited to the unique facts of this case and should not be used as precedent in any other matter.

ORDER

Therefore, it is ordered that this request be granted.

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