County Correctional Police Sergeant (PC1545A), CSC Docket No. 2026-2290

BackgroundWarren County, represented by J. Andrew Kinsey, Esq., requests the revival of the eligible list for County Correctional Police Sergeant (PC1545A), Warren County, to effectuate the appointment of Daniel Buss.

As background, the County Correctional Police Sergeant (PC1545A) eligible list promulgated on November 11, 2021 and expired with the promulgation of a new County Correctional Police Sergeant (PC4268E) eligible list on April 3, 2025 containing the names of 22 eligibles. The PC4268E list expires April 2, 2028. Agency records indicate that a certification from the PC4268E list (PL260094) was issued to the appointing authority on January 20, 2026 with the names of 20 eligibles including Buss listed in the 13th position.

As further background, effective January 16, 2025, Buss, whose permanent title is County Correctional Police Officer, received an interim appointment to cover the position held by N.L., County Correctional Police Sergeant, who was on a long-term leave of absence from 2022 until her retirement on December 31, 2025.1 See N.J.A.C. 4A:4- 1.6(b)1. With N.L.’s retirement, Buss’s interim appointment concluded. See N.J.A.C. 4A:4-1.6(f).2

1 N.L.’s retirement has not yet been entered into the County and Municipal Personnel System. 2 Agency records indicate that the appointing authority attempted to provisionally appoint Buss to

County Correctional Police Sergeant, effective January 1, 2026, but the appointment was disapproved by this agency due to the existence of a complete eligible list (i.e., PC4268E).

In the instant request to the Civil Service Commission (Commission) dated January 20, 2026, the appointing authority indicates that it would like to permanently appoint Buss to the title of County Correctional Police Sergeant, but he is not reachable on the new PC4268E list. The appointing authority argues that there is good cause to revive the PC1545A, where Buss would be reachable, so that it may appoint him permanently as he performed well in the role during his interim appointment. It further argues that there are compelling circumstances justifying the requested relief, including the unusually prolonged duration of N.L.’s leave of absence and retirement process and the operational impact of not having a high- performing supervisory officer continue in his role.

CONCLUSION

RuleN.J.A.C. 4A:4-1.6(b)1 provides, in pertinent part, that when an appointing authority makes an appointment to a specific title in local service, an interim appointment shall be made where the position/title is held by a permanent employee who is on a leave of absence.

N.J.A.C. 4A:4-1.6(f) provides, in pertinent part, that any interim appointment shall remain in effect only during the period of time that the permanent employee is on an approved leave of absence.

N.J.A.C. 4A:4-1.6(f)1 provides that at the end of the interim appointment, the appointee shall return to his permanent title.

AnalysisN.J.S.A. 11A:4-6 and N.J.A.C. 4A:4-3.4 provide that an eligible list may be revived in order to implement a court order or decision of the Commission in the event of a successful appeal instituted during the life of a list, to correct an administrative error, or for other good cause.

Upon review, the circumstances of the instant matter compel the Commission to deny the request to revive the list. N.J.S.A. 11A:4-6 and N.J.A.C. 4A:4-3.4 set forth the instances in which a list may be revived. The present request does not meet any of these requirements. There is no court order, nor was the instant request made during the life of the PC1545A list to correct an administrative error. Further, N.L.’s position only became genuinely vacant with her retirement, at which time a new list of 22 eligibles (PC4268E) was available to the appointing authority. Thus, declining the instant request promotes the principle of merit and fitness and the policy of avoiding stale lists. See, e.g., In the Matter of William J. Brennan and Fire Lieutenant (PM1201T) and Fire Captain (PM1191T), Township of Teaneck (MSB, decided April 9, 2003). Moreover, the Commission is cognizant that reviving the PC1545A list would effectively deprive the eligibles on the new PC4268E of the opportunity to compete for the position. Additionally, as the rules governing interim appointments reflect, the interim appointee does not possess a vested right to become permanent in the title, notwithstanding that he may have performed well in the role as an interim appointee. Accordingly, based on the totality of the record in this matter, the Commission finds that the appointing authority has not provided any compelling arguments for the Commission to revive the PC1545A eligible list.

ORDER

Therefore, it is ordered that this request be denied.

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