N.J.A.C. 4A:1-4 Delegation, Consolidation, and Pilot Programs
Every section of N.J.A.C. 4A:1-4, Delegation, Consolidation, and Pilot Programs: 3 rules with full text, amendment history and citing decisions.
- 4A:1-4.1Delegation to appointing authorities
Your employer may be the one classifying your position, announcing and administering your examination, or certifying the list you are on, because the Chairperson can hand those functions to an appointing authority along with promotions on waiver of competitive examination and other technical personnel work. Three things cannot be handed over: constructing an examination, deciding appeals of the agency, the Chairperson or the Commission, and any function 4A:1-3.3 assigns to the Commission. A delegation must be in writing and signed by the Chairperson, name the appointing authority representative accountable for it and the Commission representative supervising it, state how long it runs and how it will be implemented, and provide notice giving a name, address and telephone number on each side to contact in case of complaints. Staff carrying out delegated functions answer to the Chairperson as well as to their own employer. In local service the affected appointing authority must approve a delegation that carries substantial and identifiable costs. The Chairperson may cancel, modify or limit any delegation at any time, and audits them.
- 4A:1-4.2Consolidation State service
State service only. Local service is untouched by this section. The Commission, after consulting the departments affected, may direct that personnel, training and related functions be consolidated and coordinated across one or more State agencies, either temporarily or permanently, and the order has to name the functions being consolidated. Three grounds are listed: an appointing authority has demonstrated inadequate or improper performance, economy or efficiency, or an emergent situation. The part that reaches individual people is the last provision. To make a consolidated function work, the Commission may transfer employees, positions, funding and equipment into the receiving agency from other State departments.
- 4A:1-4.3Pilot programs
A pilot program is permission to run personnel practice outside Title 11A and outside these rules, which makes the one-year cap and the consultation requirement the two things to hold on to. Recruitment and selection, classification and job sharing are the examples given, and the list is open. An appointing authority that wants one has to consult the affected negotiations representatives before submitting anything, and the Chairperson or designee has to verify that the notice and consultation actually happened. The proposal itself must describe the program, say who is affected and for how long, state the anticipated benefits and how they further the purposes of Title 11A, summarise the union consultations, set out evaluation criteria, and identify specifically which sections of these rules or of Title 11A the program varies from. The Commission may accept it, modify it, reject it, or attach conditions.