Christian Hart, CSC Docket No. 2025-2493

BackgroundKean University (Kean) requests to intergovernmentally transfer Police Officer Christian Hart from the Blairstown Police Department, a non-Civil Service jurisdiction, to the title of Campus Police Officer, Kean University.

Appellant's argumentIn its request, Kean states that it is making the request because its Police Department has an ongoing issue of staff shortages. It presents that Hart is highly recommended, and it submits his resume which highlights his experience. Kean asserts that granting its request is in the best interest of public safety. Additionally, it submits an Intergovernmental Transfer Agreement signed by the Blairstown Chief of Police indicating its support for the transfer.

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 Blairstown Police Department is not a governmental jurisdiction operating under Title 11A of the New Jersey Statutes, Hart does not have permanent Civil Service status and the provisions of N.J.A.C. 4A:4-7.1A(a) do not apply. However, Kean has indicated that it has an ongoing issue of staff shortages and granting its request is in the best interest of public safety. Further, Kean submits a signed intergovernmental transfer agreement that indicates Blairstown has consented to the transfer. Therefore, the Civil Service Commission (Commission) finds good cause relax the applicable provisions to allow the intergovernmental transfer of Police Officer Christian Hart from the Blairstown Police Department, a non-Civil Service jurisdiction, to the title of Campus Police Officer, Kean. As this is an equitable remedy being implemented through relaxation of rules, Civil Service seniority and seniority-related privileges shall not be transferrable. It is further noted that N.J.A.C. 4A:4-7.1A(a)1 requires non-permanent transferees who were previously appointed from an eligible list to complete a full 12-month working test period upon their transfer. In this matter, as Hart is transferring from a non-Civil Service jurisdiction, and was not previously appointed from an eligible list and is thus, considered non-permanent, he shall be required to complete a full 12-month working test period upon his transfer.

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.