N.J.S.A. 11A:4-16 Transfer, reassignment and lateral title change
The rules of the Civil Service Commission shall define and establish the procedures for transfer, reassignment and lateral title change. Employees sha… Amended 1 time since 1986.
In plain language
Moving someone sideways. The Commission's rules define transfer, reassignment and lateral title change and set the procedure, but four things are fixed in the statute. An employee gets at least 30 days' notice of a transfer, unless they consent or the circumstances are emergent as the rules define that. State employees moved because a State operation is closing or winding down get relocation assistance, subject to appropriations. None of these moves may be used as part of a disciplinary action, except following an opportunity for hearing, which is a narrower protection than it first reads. And nothing prohibits a move made in good faith, with the burden of showing a lack of good faith resting on the employee.
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changes only when the Legislature amends it, so a section untouched since its last amendment is settled rather than out of date.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 rules of the Civil Service Commission shall define and establish the procedures for transfer, reassignment and lateral title change. Employees shall be granted no less than 30 days’ notice of transfer, except with employee consent or under emergent circumstances as established by rules of the Civil Service Commission. The commission shall provide for relocation assistance for State employees who are transferred or reassigned to a new work location due to a phasedown or closing of a State operation, subject to available appropriations. Transfers, reassignments, or lateral title changes shall not be utilized as part of a disciplinary action, except following an opportunity for hearing. Nothing herein shall prohibit transfers, reassignments, or lateral title changes made in good faith. The burden of proof demonstrating lack of good faith shall be on the employee.
Legislative history
Session laws, newest first
- L. 2008, c. 29, section 42Amended
effective June 30, 2008 - L. 1986, c. 112Enacted
effective September 25, 1986
How this section has been applied
3 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 1
- Devlin v. Cooper11 A.2d 29
Appellate Division 2
- State, Administrative Office of Courts v. Richford161 N.J. Super. 165, 391 A.2d 531, 1978 N.J. Super. LEXIS 1022
- Beirne v. Gangemi74 N.J. Super. 557, 181 A.2d 800, 1962 N.J. Super. LEXIS 604
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.