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

SUBCHAPTER 2. USE OF PREFERENCE


4A:5-2.1 Open competitive examinations
(a) A list of eligibles who have passed an open competitive examination shall appear in the following order:

1. Eligibles entitled to disabled veterans preference in the order of their scores;

2. Eligibles entitled to veterans preference in the order of their scores;

3. Non-veteran eligibles (abbreviated as "NV") in the order of their scores.

(b) Whenever more than one eligible has the same score and same veterans status, the tie shall not be broken and they shall have the same rank.

(c) Whenever a disabled veteran or veteran is certified from an open competitive list and a regular appointment is to be made, the appointing authority shall first appoint disabled veterans and then veterans in the order of ranking. For example:

TEST SCORES RANKED LIST OF ELIGIBLES
Name and Status Score Name and Status Score Rank
John Green (NV) 90 Robert Brown (DV) 80 1
Charles Black (V) 85 Charles Black (V) 85 2
Mary White (V) 85 Mary White (V) 85 2
Robert Brown (DV) 80 John Green (NV) 90 3
Jane Silver (NV) 80 Jane Silver (NV) 80 4
Tom Gold (NV) 75 Tom Gold (NV) 75 5


Assuming all eligibles are interested in appointment, Robert Brown must receive the first appointment. The next vacancy must be filled by appointing either Charles Black or Mary White. Assuming Mary White is appointed, the next vacancy must be filled by appointing Charles Black. The next vacancy must be filled by choosing among John Green, Jane Silver and Tom Gold, in accordance with the "rule of three." See > N.J.S.A. 11A:4-8.

(d) Appointing authorities are not required to give preference to disabled veteran or veterans when making a provisional appointment from an incomplete list. See > N.J.A.C. 4A:4-1.5.

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(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.

 

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4A:5-2.3 Veterans and disabled veterans preference in the noncompetitive division
In making appointments in the noncompetitive division, preference shall be given among qualified applicants to disabled veterans, then veterans.
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