Nicholas Cornett, CSC Docket No. 2025-62

BackgroundThe Borough of Magnolia (Magnolia) requests to transfer Nicholas Cornett, a Police Officer, from the Borough of Hi-Nella (Hi-Nella), a non-Civil Service jurisdiction, to the title of Police Officer in the Magnolia Police Department.

Appellant's argumentIn its request, Magnolia states that it has an immediate need for certified Police Officers and it needs to promptly hire a Police Officer to prevent unfavorable conditions affecting the safety, welfare, and community standards of Magnolia. Therefore, Magnolia requests that Nicholas Cornett receive approval to transfer from Hi-Nella, a non-civil service jurisdiction, to Magnolia, a civil service jurisdiction, to address the immediate need for certified Police Officers. In support, Magnolia submits a letter, signed by it and the Ni-Nella Police Chief, agreeing to the intergovernmental transfer of Nicholas Cornett.

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 Chairperson or designee.

AnalysisSince Hi-Nella is not a governmental jurisdiction operating under Title 11A of the New Jersey Statues, Cornett does not have permanent civil service status and the provisions of N.J.A.C. 4A:4-7.1A(a) do not apply. However, Magnolia has indicated an immediate need for a certified Police Officer, which it cannot timely fulfill through regular civil service procedures or through intergovernmental transfers with other civil service jurisdictions. Further, Magnolia has submitted documentation that the Hi-Nella Police Chief has consented to the transfer. Therefore, the Civil Service Commission (Commission) finds good cause to allow the transfer of Nicholas Cornett from the Hi-Nella Police Department, a non-civil service jurisdiction, to Magnolia in the title of Police Officer. As this is an equitable remedy being implemented through the relaxation of N.J.A.C. 4A:4-7.1A, seniority and seniority-related privileges for civil services purposes shall not be transferrable.

The Commission emphasizes that the remedy provided 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.