N.J.A.C. 4A:4-2.6 Eligibility for promotional examination

Are you eligible for the promotional examination

Four things have to be true by the announced closing date, and all four, not three. One year of continuous permanent service, for an aggregate of one year immediately preceding that date, in a title the examination is open to. Currently serving in the announced unit scope in such a title, and meeting everything else in the announcement. No Performance Assessment Review final rating below Successful, or the local equivalent, in each of the two rating periods immediately preceding the closing date. And an application submitted on or before the announced filing date.

Local service adds a longer wait for uniformed staff: applicants promoting out of an entry level law enforcement or firefighter title need three years of continuous permanent service in a title the examination is open to, except where a statute says otherwise.

The performance criterion is the one that behaves differently by service. In State service the Performance Assessment Review covers all career service employees, running on standardized annual cycles with interim and final ratings six months apart, and the final rating on file at the closing date also earns examination credit, three points for Exceptional down to one for Successful. Where no final rating is on file at the closing date, the period is deemed Successful and credit is given for it. In local service there is no mandatory equivalent: an appointing authority may establish an evaluation program, and it can only be used in promotions or layoff if the Chairperson has approved it.

Out-of-title work is the trap. Where a promotional examination carries open competitive requirements, experience gained through out-of-title work may not be used to get into the examination or to earn credit in it, except where the Chairperson allows it for good cause. The stated example of good cause is narrow and turns on numbers rather than fairness: where the eligible pool would produce an incomplete list, or where applications exceed the provisional incumbents by no more than one, you may submit a detailed statement from your supervisor describing the duties and why they had to be performed, backed by a statement from the appointing authority verifying it and confirming interest in appointing from the resulting list. Doing the work is not the qualifying fact. Getting two people to write it down is.

Whether the examination is open to you at all is decided before any of this, by the title scope in the announcement, and the scope rules differ by service. In local service a promotional examination in a title series opens to the next lower in-series title, the next two lower, or those plus everyone in the unit scope meeting the open competitive requirements; where the title is not part of a series it opens to all applicants with a total of one year of permanent service who meet those requirements. In State service titles are sorted into professional, para-professional and non-professional categories, and the scope depends on whether the promotion moves within a category or between them, with bridge titles used for crossings. If an announcement is amended, every requirement still has to be met by the announced closing date, whether or not the filing date moves.

Four provisions cut the other way and are easy to miss. An employee who established eligibility for an examination with a closing date earlier than the effective date of a layoff is permitted to sit it. Employees separated or displaced by a layoff who return to a covered title and unit scope between the filing deadline and the examination date are allowed to file. Employees who took a voluntary demotion or came off a special reemployment list may count continuous permanent service in any higher related or comparable title toward the one-year requirement, and the uniformed equivalent applies to entry level law enforcement and firefighter titles. And the appointing authority may ask for the service requirement to be cut to completion of the working test period where the list would be incomplete, where vacancies will outnumber the possible eligibles, or for other valid reasons the Chairperson accepts. Whether it asks is its own decision.

Related on this site: /civil-service-exam, /hiring-process

Written by the NJ Civil Service Navigator editorial team. Every statement here traces to the rules cited on this page. It is not legal advice, and a collective agreement may change how these rules apply to you.