N.J.S.A. 11A:3-5 Political subdivision unclassified service.
The political subdivision unclassified service shall not be subject to the provisions of this title unless otherwise specified and shall include the f… Implemented by a rule in N.J.A.C. Title 4A.
In plain language
The local counterpart to 11A:3-4, and a longer list. It covers elected officials, one secretary and one confidential assistant to each mayor, board and commission members, heads of institutions, physicians and dentists, attorneys of a county or municipality or school district, teaching staff and school business managers, principal executive officers, and more besides. The effect is the same as on the State side: a title in this service sits outside Title 11A unless a provision says otherwise. Which list applies turns on the employer, so a county or municipal job specification cites this section where a State one cites 11A:3-4.
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. 2017, c. 65, effective May 8, 2017, the most recent of 3 amendments.
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changes only when the Legislature amends it, so a section untouched since its last amendment is settled rather than out of date.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 political subdivision unclassified service shall not be subject to the provisions of this title unless otherwise specified and shall include the following:
a.Elected officials;#
b.One secretary and one confidential assistant to each mayor;#
c.Members of boards and commissions authorized by law;#
d.Heads of institutions;#
e.Physicians, surgeons and dentists;#
f.Attorneys of a county, municipality or school district operating under this title;#
g.Teaching staff, as defined in N.J.S.18A:1-1, in the public schools and county superintendents and members and business managers of boards of education;#
h.Principal executive officers;#
i.One secretary, clerk or executive director to each department, board and commission authorized by law to make the appointment;#
j.One secretary or clerk to each county constitutional officer, principal executive officer, and judge;#
k.One deputy or first assistant to a principal executive officer who is authorized by statute to act for and in place of the principal executive officer;#
l.No more than 12 county department heads and the heads of divisions within such departments; provided that the total number of unclassified positions created by the county administrative code pursuant to this subsection shall not exceed 20;#
m.One secretary or confidential assistant to each unclassified department or division head established in subsection l.;#
n.Employees of county park commissions, appointed pursuant to R.S.40:37-96 through R.S.40:37-174, in counties of the second class;#
o.Directors of free public libraries in cities of the first class having a population of more than 270,000 according to the 2010 federal decennial census;#
p.One secretary to the municipal council in cities of the first class having a population of less than 300,000;#
q.One secretary and one confidential aide for each member of the board of freeholders other than the director, and one secretary and two confidential aides for the freeholder director, of any county of the second class with a population of at least 470,000 which has not adopted the provisions of the “Optional County Charter Law,” P.L.1972, c.154 (C.40:41A-1 et seq.) and one secretary or confidential aide for each member of the board of freeholders of any other county which has not adopted the provisions of the “Optional County Charter Law”;#
r.In school districts organized pursuant to N.J.S.18A:17-1 et seq., the executive controller, public information officer and the executive directors of board affairs, personnel, budget, purchasing, physical facilities, data processing, financial affairs, and internal audit;#
s.The executive director, assistant executive director, director of staff operations, director of administration, director of redevelopment and the urban initiatives coordinator of a local housing authority;#
t.The sheriff’s investigators of any county appointed pursuant to section 2 of P.L.1987, c.113 (C.40A:9-117a);#
u.Any title as provided by statute or as the Civil Service Commission may determine in accordance with criteria established by rule;#
v.One confidential aide for each county clerk, in addition to the titles included under subsection j. of this section; and#
w.Two deputy municipal clerks in cities of the first class having a population of not less than 240,000 persons or more than 250,000 persons according to the 2000 federal decennial census.#
The rules that implement this section
A statute sets the framework and the Civil Service Commission’s rules fill in the detail. Where a question turns on procedure, the rule usually governs; where it turns on who is covered or what the Commission may do, the statute does.
- N.J.A.C. 4A:3-1.3 Unclassified service
Titles classified under this section
18 job specifications published by the Civil Service Commission cite this section as the authority for their classification. Grouped by the paragraph each one names.
Citing this section without naming a paragraph
- CHIEF OF DENTAL SERVICES State
- DENTIST State
- DIRECTOR RESIDENTIAL SERVICES, SCHOOL FOR THE DEAF State
- DIRECTOR RESIDENTIAL SERVICES, SCHOOL FOR THE DEAF State
- MUNICIPAL COURT DIRECTOR local
(e) Physicians, surgeons and dentists
(h) Principal executive officers
(r) In school districts organized pursuant to N.J.S.18A:17-1 et seq., the executive controller, public information officer and…
(s) The executive director, assistant executive director, director of staff operations, director of administration, director of redevelopment…
(u) Any title as provided by statute or as the Civil Service Commission may determine in accordance…
Legislative history
Session laws, newest first
- L. 2017, c. 65, section 1Amended
effective May 8, 2017 - L. 2008, c. 29, section 24Amended
effective June 30, 2008 - L. 2002, c. 59, section 1Amended
effective August 3, 2002 - L. 1991, c. 494, section 1Amended
no effective date given - L. 1987, c. 113, section 1Amended
no effective date given - L. 1986, c. 112Enacted
effective September 25, 1986
How this section has been applied
9 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 2
- Camden v. Civil Service Com.29 A.2d 733
- Perrella v. Board of Education51 N.J. 323, 240 A.2d 417, 1968 N.J. LEXIS 169
Appellate Division 7
- Campbell v. Atlantic County Board of Freeholders145 N.J. Super. 316, 367 A.2d 912, 1976 N.J. Super. LEXIS 616
- Ogden v. Department of Civil Service77 N.J. Super. 296, 186 A.2d 309, 1962 N.J. Super. LEXIS 423
- In re Hudson County Probation Dept.--Title IV-D Investigators178 N.J. Super. 362, 429 A.2d 368, 1981 N.J. Super. LEXIS 542
- County of Morris v. State, Dep't of Civil Service177 N.J. Super. 25, 424 A.2d 852, 1980 N.J. Super. LEXIS 750
- Follari v. State, Dep't of Civil Service102 N.J. Super. 598, 246 A.2d 486, 1968 N.J. Super. LEXIS 500
- Bowser v. Department of Civil Service108 N.J. Super. 132, 260 A.2d 246, 1970 N.J. Super. LEXIS 590
- Milton v. Department of Civil Service71 N.J. Super. 135, 176 A.2d 492, 1961 N.J. Super. LEXIS 417
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.
- Pursuant to R.S.1:3-1, the Office of Legislative Services, through its Legislative Counsel and with the concurrence of the Attorney General, inserted “section 2 of” preceding “P.L.1987, c.113 (C.40A:9-117a)” in subsection t. in L. 2008, c. 29, § 24.
Sections that refer to this one
- N.J.S.A. 11A:4-13 Types of appointment