N.J.S.A. 11A:4-8 Certification and appointment
The commission shall certify the three eligibles who have received the highest ranking on an open competitive or promotional list against the first pr… Implemented by 3 rules in N.J.A.C. Title 4A.
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
The rule of three, and it does not apply to everyone. Against the first provisional or vacancy the Commission certifies the three highest-ranked eligibles; for each further vacancy certified at the same time it adds the next ranked eligible. Tied scores are not broken and share a rank, so a certification can carry more than three names. A certification holding at least three interested eligibles is complete, and a regular appointment is made from among them, with nothing in the section requiring the highest of the three or an explanation for passing one over. Two carve-outs matter. Eligibles on any reemployment list are certified and appointed IN ORDER OF RANKING, and such a certification is never incomplete, so there is no choosing among them. And an eligible on an incomplete list is entitled to a provisional appointment if no permanent appointment is made.
Written by the NJ Civil Service Navigator editorial team from the text of this section. The statute itself is below, unabridged.
The commission shall certify the three eligibles who have received the highest ranking on an open competitive or promotional list against the first provisional or vacancy. For each additional provisional or vacancy against whom a certification is issued at that time, the commission shall certify the next ranked eligible. If more than one eligible has the same score, the tie shall not be broken and they shall have the same rank. If three or more eligibles can be certified as the result of the ranking without resorting to all three highest scores, only those eligibles shall be so certified.
A certification that contains the names of at least three interested eligibles shall be complete and a regular appointment shall be made from among those eligibles. An eligible on an incomplete list shall be entitled to a provisional appointment if a permanent appointment is not made.
Eligibles on any type of reemployment list shall be certified and appointed in the order of their ranking and the certification shall not be considered incomplete.
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.
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:5, the whole chapter
- N.J.A.C. 4A:5-2.1 Open competitive examinations
- N.J.A.C. 4A:5-2.2 Promotional examinations
Legislative history
Session laws, newest first
- L. 2008, c. 29, section 36Amended
effective June 30, 2008 - L. 1986, c. 112Enacted
effective September 25, 1986
How this section has been applied
18 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 8
- Communications Workers of America, AFL-CIO v. New Jersey Civil Service Com'n234 N.J. 483, 191 A.3d 643
- Duncan v. Board of Fire & Police Comm'rs37 A.2d 85
- In re Foglio207 N.J. 38, 22 A.3d 958
- Malone v. Fender80 N.J. 129, 402 A.2d 240
- Pringle v. New Jersey Dep't of Civil Service45 N.J. 329, 212 A.2d 360
- Covey v. Plainfield11 N.J. 375, 94 A.2d 669
- Communications Workers v. New Jersey Dep't of Personnel154 N.J. 121, 711 A.2d 890
- Marranca v. Harbo41 N.J. 569, 197 A.2d 865
Appellate Division 9
- In re Crowley193 N.J. Super. 197, 473 A.2d 90
- Communications Workers of America v. New Jersey Civil Service Com'n447 N.J. Super. 584, 149 A.3d 844
- Matter of Brown458 N.J. Super. 284, 204 A.3d 903
- In re Hruska375 N.J. Super. 202, 867 A.2d 479
- Malone v. Fender158 N.J. Super. 190, 385 A.2d 929
- In re Application of Newark Police Sergeant & Lieutenant List to Dep't of Civil Service149 N.J. Super. 121, 373 A.2d 422
- In re Martinez403 N.J. Super. 58, 956 A.2d 386
- Kiss v. Department of Community Affairs171 N.J. Super. 193, 408 A.2d 450
- Terry v. Mercer County Bd. of Chosen Freeholders173 N.J. Super. 249, 414 A.2d 30
Federal courts 1
- Caruso v. United States236 F. Supp. 88
Commission decisions resting on 11A:4-8
1168 decisions of the Civil Service Commission since January 16, 2019 rest on this section: 127 cite it directly, and 1041 apply a Title 4A rule adopted under it. The newest:
- In the Matter of T.R., Fire Fighter (M2219D), East Orange September 2, 2026 · Removal from an eligible list · Dismissed as untimely · applies N.J.A.C. 4A:1-1.2
- In the Matter of Nazia Mughis- Sohrawardy, Environmental Engineer 4 (PS8885G), Department of Environmental Protection September 2, 2026 · Bypass on a certification · Denied · cites this section
- In the Matter of Police Officer (M2429E), Somers Point September 2, 2026 · Request for enforcement · Granted · applies N.J.A.C. 4A:4-4.8
- In the Matter of R.D., Locksmith (S1515F), Statewide September 2, 2026 · Certification or appointment · Denied · cites this section
- In the Matter of Legal Specialist September 2, 2026 · Title creation, reallocation or retitling · Granted · applies N.J.A.C. 4A:1-1.2
- In the Matter of M.B., Department of Corrections September 2, 2026 · Salary overpayment waiver · Denied · applies N.J.A.C. 4A:1-1.2
- In the Matter of J.K., Department of Corrections September 2, 2026 · Salary overpayment waiver · Denied · applies N.J.A.C. 4A:1-1.2
- In the Matters of Eric Delgado and Timothy Mitchell, Sergeant Campus Police (PS3229J), Montclair State University August 12, 2026 · Request for reconsideration · Denied · applies N.J.A.C. 4A:4-1.10
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.
Sections that refer to this one
- N.J.S.A. 11A:5-6 Appointment of veterans