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.
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An old amendment date alone does not mean a provision is obsolete.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
- 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
- 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:
- In the Matter of Barbara Diller, Hunterdon Developmental Center, Department of Human Services September 2, 2026 · Discipline · Penalty modified · cites this section
- In the Matter of Vincent Vidinha, Newark Fire Division September 2, 2026 · Discipline · Sent back to the Office of Administrative Law · applies N.J.A.C. 4A:2-2.3
- In the Matter of J.I., City of Passaic July 22, 2026 · · Referred for further review · applies N.J.A.C. 4A:2-2.9
- In the Matter of Donald Kilpatrick, Department of Corrections July 22, 2026 · Discipline · Denied · applies N.J.A.C. 4A:2-2.3
- In the Matter of Michael Kelly, Jackson Township, Department of Law and Public Safety July 1, 2026 · Discipline · Penalty upheld · applies N.J.A.C. 4A:2-2.3
- V.P. May 20, 2026 · Discrimination, retaliation or State Policy · Penalty modified · cites this section
- In the Matter of Terry Buchanon, Newark April 29, 2026 · Petition for interim relief or a stay · Granted in part · applies N.J.A.C. 4A:2-2.3
- In the Matter of Rene Cruz, Cumberland County, Department of Corrections February 25, 2026 · Discipline · Penalty modified · cites this section
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.