N.J.A.C. 4A:10-1 Violations
Every section of N.J.A.C. 4A:10-1, Violations: 2 rules with full text, amendment history and citing decisions.
- 4A:10-1.1General provisions
Six prohibitions, binding everyone: the rule says no person or appointing authority, with no carve-out for local service. Violating Title 11A or these rules is a violation in itself. So is failing to comply with an order of the Commission or of the Chairperson. Obstructing a person's lawful opportunity to take part in the selection and appointment process, or their own lawful pursuit of a remedy or appeal, is prohibited on its own terms, which makes interference with an appeal a separate wrong from whatever the appeal was about. Making a false statement or performing a fraudulent act in connection with an examination, certification, appointment or other personnel transaction is prohibited. So is paying, offering, soliciting or accepting anything of value to affect a personnel transaction, and the rule spells out one version of that: paying someone to retire or resign so another employee can gain a promotion or an advancement appointment, or accepting such an inducement. Last, appointing authorities must supply information the Commission requests, on time.
- 4A:10-1.2Political activity
Two restrictions, and the first is narrower than people assume. A career or senior executive service employee may not use, or seek to use, their position to control or affect the political action of another person, and may not engage in political activity during working hours. The rule reaches the use of the position and the use of work time. On its own terms it does not restrict what an employee does politically on their own time in their own name. The second restriction is federal and catches a different group: any career, senior executive or unclassified employee whose principal employment is connected with a programme financed wholly or partly by Federal grants or loans. Those employees may not use official authority or influence to interfere with or affect an election or nomination, may not coerce, command or even advise a State, county or municipal officer or employee to contribute anything of value for political purposes, and, where the salary is paid completely by Federal funds, may not be a candidate for elective office, subject to listed exceptions.