NJ Civil Service Navigator

N.J.S.A. 11A:2-19 Authority to increase or decrease penalty imposed

The Civil Service Commission may increase or decrease the penalty imposed by the appointing authority, but removal shall not be substituted for a less… Amended 1 time since 1986.

Title 11A · Chapter 2. Civil Service Commission · Article 4

Current through the close of the 221st Legislature (L. 2025, c. 346). What that means

Reviewed as of July 28, 2026. Official text: njleg.state.nj.us.

In plain language

A penalty can move in either direction on appeal. The Commission may increase what the appointing authority imposed, or reduce it. One limit, and it runs one way only. Removal may not be substituted for a lesser penalty. So an employee appealing a suspension cannot be dismissed as a result of appealing, though a longer suspension is possible. Twenty-five words, and they set the risk an appeal carries.

Written by the NJ Civil Service Navigator editorial team from the text of this section. The statute itself is below, unabridged.

The Civil Service Commission may increase or decrease the penalty imposed by the appointing authority, but removal shall not be substituted for a lesser penalty.

Enacted by L. 1986, c. 112, effective September 25, 1986. Last amended by L. 2008, c. 29, effective June 30, 2008.

An old amendment date alone does not mean a provision is obsolete. This mirror reflects the source watermark above; later laws and decisions can affect how the text applies.

Legislative history

Session laws, newest first

  1. L. 2008, c. 29, section 15Amended
    effective June 30, 2008
  2. L. 1986, c. 112Enacted
    effective September 25, 1986

How this section has been applied

7 reported decisions cite this section. Citations only: the summaries in the source are the publisher's own writing, and where we describe a case we write it from the decision itself.

New Jersey Supreme Court 5
  • Steinel v. Jersey City99 N.J. 1, 489 A.2d 1145
  • Mason v. Civil Service Com.51 N.J. 115, 238 A.2d 161
  • Heath v. Board of Managers of Jersey City Medical Center92 N.J. 1, 455 A.2d 77
  • Mastrobattista v. Essex County Park Com.46 N.J. 138, 215 A.2d 345
  • West New York v. Bock38 N.J. 500, 186 A.2d 97
Appellate Division 2
  • East Paterson v. Department of Civil Service47 N.J. Super. 55, 135 A.2d 213
  • In re Williams198 N.J. Super. 75, 486 A.2d 858

Commission decisions resting on 11A:2-19

39 decisions of the Civil Service Commission since January 16, 2019 rest on this section: 9 cite it directly, and 30 apply a Title 4A rule adopted under it. The newest:

Search the 9 decisions citing 11A:2-19 directly

Effective-date provisions

Quoted from the session laws themselves.

  • Section 120 of L. 2008, c. 29 provides: “This act shall take effect immediately and any actions necessary to implement this act may be taken any time thereafter. General implementation shall be completed no later than 12 months following enactment.” Chapter 29, L. 2008, was approved on June 30, 2008.