Rutgers Law

New Jersey Statutes, Title: 11A, CIVIL SERVICE

    Chapter 7: Equal employment opportunity

      Section: 11A:7-13.4: Appointing to an unclassified service position, noncompetitive temporary, permanent position in civil service.

          4. a. The appointing authority of a State agency may appoint a qualified person with significant disabilities to an unclassified service position, or a noncompetitive temporary position or noncompetitive permanent position in the career service of civil service, in accordance with the provisions of this act, P.L.2021, c.465 (C.11A:7-13.1 et seq.), and Title 11A of the New Jersey Statutes.

The appointing authority shall require proof of the person's significant disability prior to making an appointment. The appointing authority shall accept as proof of significant disability a letter or other official certification from the Division of Rehabilitation Services that the individual meets the criteria set forth in paragraph a. of section 3 of this act.

b. A qualified person with significant disabilities shall be eligible for appointment to an unclassified temporary position or a noncompetitive temporary position in the career service of civil service when the appointing authority determines that:

(1) the person is certified as eligible for appointment in the unclassified service or noncompetitive career service pursuant to this section; and

(2) it is necessary to observe the person on the job to establish that the person is able to perform the duties of the position.

The appointing authority may, with the approval of the Civil Service Commission, convert an unclassified service temporary appointment or a noncompetitive career service temporary appointment to a permanent appointment when it is determined that the person provided the required proof of eligibility for appointment pursuant to this section and is likely to succeed in the performance of the duties of the position.

c. A person with significant disabilities shall be eligible for appointment to a noncompetitive permanent position in the career service of civil service when the appointing authority determines that:

(1) the person is certified as eligible for appointment in the noncompetitive career service pursuant to this section; and

(2) the person is likely to succeed in performing the duties of the position.

d. In determining whether the person is likely to succeed in performing the duties of the position, the appointing authority shall rely upon the person's employment history and performance, as appropriate, education, and other relevant experience.

e. Appointments to an unclassified service or a noncompetitive career service position shall be subject to the working test period in accordance with Title 11A of the New Jersey Statutes. The appointing authority shall provide a temporary employee with progress reports at such times during the working test period as provided by rules of the Civil Service Commission, and a final progress report at the end of the entire working test period shall be provided to the employee, the division, and the commission.

L.2021, c.465, s.4.

This section added to the Rutgers Database: 2022-04-19 16:13:53.

Older versions of 11a:7-13.4 (if available):

Court decisions that cite this statute: CLICK HERE.