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State of New Jersey, Civil Service Commission
Governor Chris Christie • Lt.Governor Kim Guadagno
 
 

SUBCHAPTER 4. DELEGATION, CONSOLIDATION AND PILOT PROGRAMS


4A:1-4.1 Delegation to appointing authorities
(a) The Commissioner may delegate to an appointing authority one or more of the following functions:

1. Classifying and reclassifying positions;

2. Announcing examinations and collecting applications;

3. Administering examinations prepared by the Department of Personnel;

4. Implementing promotions upon waiver of competitive examination;

5. Certifying lists of eligibles; and

6. Other technical personnel functions.

(b) A delegation shall be in writing, designating the appointing authority representative who will be accountable for the delegation, and signed by the Commissioner. Appointing authority employees in carrying out delegated functions are also responsible to the Department of Personnel in performing such functions. The delegation memorandum shall contain:

1. The functions to be delegated;

2. The specific manner in which the delegation will be implemented;

3. The Department of Personnel representative who will have primary responsibility for supervision of the delegation;

4. The duration of the delegation, which in no event shall exceed three years, but may be renewed; and

5. Provisions for appropriate notice advising of the delegation and stating the name, address and telephone number of the representative of the appointing authority and Department of Personnel employee to be contacted in case of complaints.

(c) Department of Personnel staff may be assigned to assist in performing the delegated functions.

(d) The Commissioner may cancel, modify or limit the delegation order at any time.

(e) The following functions may not be delegated:

1. The construction of an examination;

2. Appeal decisions of the Department, Commissioner or Board; and

3. A function of the Board.

(f) In local service the delegation must be approved by the affected appointing authority when the delegation requires substantial and identifiable costs. Costs are considered substantial when they result in a significant increase in agency expenses for staff, materials and facilities after offset by savings effected by the delegation.

(g) The Department of Personnel will conduct appropriate audits of delegated functions.

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(a) The Commissioner, in consultation with affected departments, may direct the temporary or permanent consolidation and coordination of personnel, training and related functions in the State service.

(b) A consolidation order may affect one or more State agencies and shall designate the functions to be consolidated.

(c) Consolidation may be directed for one or more of the following reasons:

1. An appointing authority has demonstrated inadequate or improper performance;

2. Economy or efficiency; or

3. Emergent situations.

(d) To effectuate a consolidated function, the Commissioner may transfer necessary employees, positions, funding and equipment to the Department of Personnel from other State departments.

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(a) The Commissioner may establish pilot programs, not to exceed one year, outside of the provisions of Title 11A, New Jersey Statutes, and these rules.

(b) Pilot programs may include, but are not limited to, the following:

1. Recruitment and selection;

2. Classification; and

3. Job sharing.

(c) Appointing authorities that request a pilot program shall consult with affected negotiations representatives prior to submission of a proposal.

(d) A proposal for a pilot program shall be submitted to the Commissioner and include:

1. A description of the program;

2. The individuals affected by the program;

3. The duration of the program;

4. The anticipated benefits of the program, including an explanation of how the program furthers the purposes of Title 11A, New Jersey Statutes;

5. A summary of appointing authority consultations with negotiations representatives;

6. Evaluation criteria;

7. A statement identifying the sections, if any, of these rules or of Title 11A, New Jersey Statutes with which the program is at variance; and

8. Such other information as required by the Commissioner.

(e) The Commissioner shall verify that proper notice to and consultations with affected negotiations representatives have taken place.

(f) The Commissioner may accept, modify or reject the program and establish appropriate conditions.

 

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