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 …
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 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.
Enacted by L. 1986, c. 112, effective September 25, 1986. Never amended since.
An old amendment date alone does not mean a provision is obsolete.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.
Legislative history
Session laws, newest first
- 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
- 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
- Ballou v. State, Dep't of Civil Service148 N.J. Super. 112, 372 A.2d 333
Commission decisions resting on 11A:5-7
214 decisions of the Civil Service Commission since January 16, 2019 rest on this section: 87 cite it directly, and 127 apply a Title 4A rule adopted under it. The newest:
- 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 · applies N.J.A.C. 4A:4-4.8
- In the Matter of B.G., Social Worker Supervisor (PC4939C), Union County July 1, 2026 · Bypass on a certification · Denied · applies N.J.A.C. 4A:4-4.8
- In the Matter of Rasha Hassan, Department of Community Affairs May 20, 2026 · Certification or appointment · Granted in part · applies N.J.A.C. 4A:4-4.8
- In the Matter of E.R., Ann Klein Forensic Center, Department of Health May 20, 2026 · · Denied · applies N.J.A.C. 4A:4-4.8
- In the Matter of Michael Klepacky, Police Chief (PM3213G), Pompton Lakes April 29, 2026 · Examination eligibility · Denied · applies N.J.A.C. 4A:4-4.8
- In the Matter of Michael Negron, Hudson County Sheriff’s Office April 29, 2026 · Reassignment, salary or separation · Denied · applies N.J.A.C. 4A:2-5.1
Sections this one refers to
- N.J.S.A. 11A:5-4 Disabled veterans’ preference
- N.J.S.A. 11A:5-6 Appointment of veterans