N.J.S.A. 11A:3-2.1 Findings, declarations
The Legislature finds and declares that: a. the importance of fairness and impartiality in State employment is recognized in Article VII, Section I, p…
In plain language
Unusually for a statute, this section is an argument. The Legislature sets out why the noncompetitive division exists, what it says went wrong, and what it intends to do about it. The reasoning runs: the State Constitution requires appointment by merit tested through competitive examination where practicable; some jobs cannot practically be tested that way; the noncompetitive division was created for those jobs, so that a lower-level employee could be hired without an examination and still hold civil service protection. The findings then say that titles which belong elsewhere were being moved into that division to shelter political appointees ahead of a change of administration. The prohibition that answer produced is the next section.
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. 1993, c. 371. Never amended since.
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changes only when the Legislature amends it, so a section untouched since its last amendment is settled rather than out of date.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 Legislature finds and declares that:
a.the importance of fairness and impartiality in State employment is recognized in Article VII, Section I, paragraph 2 of the New Jersey Constitution which provides that, “Appointments and promotions in the civil service of the State shall be made according to merit and fitness to be ascertained, as far as practicable, by examination, which, as far as practicable, shall be competitive”;#
b.nevertheless, the framers recognized that appointments to certain types of employment are not readily made through a competitive examination process;#
c.accordingly, in implementing the constitutional provision, the Legislature has provided in N.J.S. 11A:3-2 that the career service shall have a competitive division and a noncompetitive division;#
d.it was the purpose of the Legislature, in making this distinction, to provide for positions which cannot properly be tested for, such as lower-level jobs which do not require significant education or experience, to be filled without the need of competitive examination but with civil service protection for the employee;#
e.however, recent published reports suggest that the purpose of the noncompetitive division has been subverted by the transfer into that division of titles which properly belong in the unclassified service or in the competitive division of the career service, and the making of appointments thereto;#
f.the apparent reason for this misuse of the noncompetitive division is to protect political appointees prior to the beginning of a new administration; and#
g.in order to prevent this abuse of the civil service system, there is need for a statutory prohibition on the movement of job titles and political appointees to the noncompetitive division of the career service during the final six months of the Governor’s term in office.#
Legislative history
Session laws, newest first
- L. 1993, c. 371, section 1Enacted
no effective date given
How this section has been applied
2 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.
Appellate Division 2
- Communications Workers of America v. New Jersey Civil Service Com'n447 N.J. Super. 584, 149 A.3d 844, 2016 N.J. Super. LEXIS 146
- In re Baykal309 N.J. Super. 424, 707 A.2d 467, 1998 N.J. Super. LEXIS 98
Sections this one refers to
- N.J.S.A. 11A:3-2 Career service