NJ Civil Service Navigator

N.J.S.A. 11A:5-7 Inapplication of statutes to promotions

Nothing contained in N.J.S. 11A:5-4 through 11A:5-6 shall apply to promotions, but whenever a veteran ranks highest on a promotional certification, a …

Title 11A · Chapter 5. Veterans’ Preference

In plain language

The limit on the whole chapter, and the most misunderstood sentence in it. Nothing in 11A:5-4 through 11A:5-6 applies to promotions. A veteran does not go to the top of a promotional list. What survives is much narrower: where a veteran ranks highest on a promotional certification, a non-veteran cannot be appointed unless the appointing authority shows cause before the board why the veteran should not get the promotion. So the preference converts from an absolute ordering into a burden of explanation, and only for the person already ranked first.

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changes only when the Legislature amends it, so a section untouched since its last amendment is settled rather than out of date.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

Nothing contained in N.J.S. 11A:5-4 through 11A:5-6 shall apply to promotions, but whenever a veteran ranks highest on a promotional certification, a nonveteran shall not be appointed unless the appointing authority shall show cause before the board why a veteran should not receive such promotion.

Legislative history

Session laws, newest first

  1. L. 1986, c. 112Enacted
    effective September 25, 1986

How this section has been applied

5 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 3
  • Swede v. Clifton22 N.J. 303, 125 A.2d 865, 1956 N.J. LEXIS 181
  • Zigenfus v. Balentine23 A.2d 394
  • Zigenfus v. Balentine28 A.2d 779
Appellate Division 2
  • Swede v. Clifton39 N.J. Super. 366, 121 A.2d 43, 1956 N.J. Super. LEXIS 487
  • Ballou v. State, Dep't of Civil Service148 N.J. Super. 112, 372 A.2d 333, 1977 N.J. Super. LEXIS 770

Sections this one refers to