NJ Civil Service Navigator

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.

Title 11A · Chapter 4. Examination, Selection and Appointment of Employees

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.

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changes only when the Legislature amends it, so a section untouched since its last amendment is settled rather than out of date.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 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.

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.

Legislative history

Session laws, newest first

  1. L. 2008, c. 29, section 36Amended
    effective June 30, 2008
  2. 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, 2018 N.J. LEXIS 998
  • Duncan v. Board of Fire & Police Comm'rs37 A.2d 85
  • In re Foglio207 N.J. 38, 22 A.3d 958, 2011 N.J. LEXIS 707
  • Malone v. Fender80 N.J. 129, 402 A.2d 240, 1979 N.J. LEXIS 1224
  • Pringle v. New Jersey Dep't of Civil Service45 N.J. 329, 212 A.2d 360, 1965 N.J. LEXIS 182
  • Covey v. Plainfield11 N.J. 375, 94 A.2d 669, 1953 N.J. LEXIS 292
  • Communications Workers v. New Jersey Dep't of Personnel154 N.J. 121, 711 A.2d 890, 1998 N.J. LEXIS 442
  • Marranca v. Harbo41 N.J. 569, 197 A.2d 865, 1964 N.J. LEXIS 263
Appellate Division 9
  • In re Crowley193 N.J. Super. 197, 473 A.2d 90, 1984 N.J. Super. LEXIS 965
  • 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
  • Matter of Brown458 N.J. Super. 284, 204 A.3d 903, 2019 N.J. Super. LEXIS 29
  • In re Hruska375 N.J. Super. 202, 867 A.2d 479, 2005 N.J. Super. LEXIS 47
  • Malone v. Fender158 N.J. Super. 190, 385 A.2d 929, 1978 N.J. Super. LEXIS 1366
  • In re Application of Newark Police Sergeant & Lieutenant List to Dep't of Civil Service149 N.J. Super. 121, 373 A.2d 422, 1977 N.J. Super. LEXIS 841
  • In re Martinez403 N.J. Super. 58, 956 A.2d 386, 2008 N.J. Super. LEXIS 206
  • Kiss v. Department of Community Affairs171 N.J. Super. 193, 408 A.2d 450, 1979 N.J. Super. LEXIS 969
  • Terry v. Mercer County Bd. of Chosen Freeholders173 N.J. Super. 249, 414 A.2d 30, 1980 N.J. Super. LEXIS 504
Federal courts 1
  • Caruso v. United States236 F. Supp. 88

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