Ty Scibilia, CSC Docket No. 2025-2276

BackgroundHammonton, represented by Stephen Barse, Esq., requests to intergovernmentally transfer Police Officer Ty Scibilia from the Pine Hill Police Department, a non-Civil Service jurisdiction, to the title of Police Officer, Hammonton.

Appellant's argumentIn its request, Hammonton states that its Police Department has an immediate need for certified Police Officers to prevent unfavorable conditions affecting the safety, welfare, and community standards of the town. It presents that the Police Department currently has 33 officers, which includes six on leave due to various issues. Further, Hammonton asserts that there is no current option to replace these absent officers with a fully trained officer. It states that it would take more than a year to hire, send to the academy, and train in the field before a new hire could be cleared for solo patrol work. Hammonton highlights that Scibilia is a fully trained and licensed Police Officer and is familiar with Hammonton as a lifelong resident. Hammonton submits an Intergovernmental Transfer Agreement signed by the Pine Hill appointing authority indicating its support for the transfer. Hammonton argues that the Civil Service Commission (Commission) has previously agreed to the transfer of a Police Officer from a non-Civil Service jurisdiction to a Civil Service jurisdiction in similar circumstances.

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. N.J.A.C. 4A:1-1.2(c) states that the Commission may relax rules for good cause in a particular situation, on notice to affected parties, in order to effectuate the purposes of Title 11A, New Jersey Statutes.

AnalysisSince the Pine Hill Police Department is not a governmental jurisdiction operating under Title 11A of the New Jersey Statutes, Scibilia does not have permanent Civil Service status and the provisions of N.J.A.C. 4A:4-7.1A(a) do not apply. However, Hammonton has indicated that due to various leaves, six of its officers are not currently working. Further, it indicates that it would take most of the year for a new hire to be screened, go through the academy, and be trained in the field to be able to perform solo patrol work. Further, Hammonton submits a signed intergovernmental transfer agreement that indicates Pine Hill has consented to the transfer. Therefore, the Commission finds good cause relax the applicable provisions to allow the intergovernmental transfer of Police Officer Ty Scibilia from the Pine Hill Police Department, a non-Civil Service jurisdiction, to the title of Police Officer, Hammonton. 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.