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.
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.
Current through the close of the 221st Legislature (L. 2025, c. 346). What that means
Enacted by L. 1986, c. 112, effective September 25, 1986. Last amended by L. 2008, c. 29, effective June 30, 2008.
A New Jersey statute changes only when the Legislature amends it, so a section untouched since its last amendment is settled rather than out of date.
Reviewed as of July 28, 2026. Official text: njleg.state.nj.us.
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.
Legislative history
Session laws, newest first
- L. 2008, c. 29, section 15Amended
effective June 30, 2008 - 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, 1985 N.J. LEXIS 2235
- Mason v. Civil Service Com.51 N.J. 115, 238 A.2d 161, 1968 N.J. LEXIS 149
- Heath v. Board of Managers of Jersey City Medical Center92 N.J. 1, 455 A.2d 77, 1983 N.J. LEXIS 2337
- Mastrobattista v. Essex County Park Com.46 N.J. 138, 215 A.2d 345, 1965 N.J. LEXIS 146
- West New York v. Bock38 N.J. 500, 186 A.2d 97, 1962 N.J. LEXIS 190
Appellate Division 2
- East Paterson v. Department of Civil Service47 N.J. Super. 55, 135 A.2d 213, 1957 N.J. Super. LEXIS 614
- In re Williams198 N.J. Super. 75, 486 A.2d 858, 1984 N.J. Super. LEXIS 1283
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.