N.J. Admin. Code § 4A:5-2.2

Current through Register Vol. 56, No. 24, December 18, 2024
Section 4A:5-2.2 - Promotional examinations
(a) No distinction shall be made between disabled veterans and veterans in promotional examinations. Both are referred to as veterans in this rule.
(b) A list of eligibles who have passed a promotional examination shall appear in the order of their scores regardless of veteran or nonveteran status. However, when scores are tied, the names of veterans shall be listed first within each rank.
(c) When a single vacancy is to be filled from a promotional certification headed by a veteran, any veteran among the top three interested eligibles may be appointed in accordance with the "rule of three." See N.J.S.A. 11A:4-8. A nonveteran shall not be appointed unless the appointing authority shows cause why the veterans should be removed from the promotional list. See N.J.A.C. 4A:4-4.7 for removal procedures.
(d) When a single vacancy is to be filled from a promotional certification headed by a nonveteran, any reachable eligible may be appointed in accordance with the "rule of three." See N.J.S.A. 11A:4-8.
(e) If there is more than one vacancy, and a veteran is ranked first on the certification as a result of the first appointment from the certification, then a veteran must be appointed to the next vacancy. If, as a result of the second appointment, another veteran heads the certification, then a veteran must be appointed to the third vacancy. This process shall be followed for each appointment that is made from the same certification.
(f) As an example, assume that the following represents the ranked order and status of interested eligibles which appear on promotional certifications for single vacancies:
1. Veteran
2. Non-Veteran
3. Non-Veteran

Veteran must be offered the appointment.

1. Veteran
2. Non-Veteran
3. Veteran

Either (1) or (3) must be offered the appointment.

1. Non-Veteran
2. Veteran
3. Non-Veteran

Either (1), (2) or (3) may be offered the appointment.

1. Veteran (Tied)
1. Non-Veteran
2. Non-Veteran

Veteran must be offered the appointment.

(g) As another example, assume that the following represents the ranked order and status of eligibles on the same promotional certification from which multiple vacancies must be filled:
1. Non-Veteran
2. Veteran
3. Veteran
4. Non-Veteran

Either (1), (2) or (3) may be offered the first appointment. If the non-veteran is appointed to the first vacancy, a veteran, initially ranked (2) on the promotional certification, would now be ranked (1). Another veteran, initially ranked (3) on the promotional certification, would be ranked (2). The certification now appears as follows:

1. Veteran
2. Veteran
3. Non-Veteran

Either (1) or (2) may be appointed to the second vacancy, but (3) may not be appointed.

N.J. Admin. Code § 4A:5-2.2

Administrative Correction to (c).
See: 23 N.J.R. 2500(c).
Amended by R.2003 d.113, effective 3/17/2003.
See: 34 N.J.R. 3571(a), 35 N.J.R. 1407(c).
Rewrote the section.