Public Safety Officers Appointed to Promotional Positions to Fill a Vacancy During a Military Leave of Absence have no Claim to Permant Employment Title
In the case entitled, In the Matter of Herrick, etc. 33-2-1258, The New Jersey Superior Court, Appellate Division opined that a police officer serving in the elevated civil service title of captain in order to fill a vacancy created by a temporary leave of absence due to a military obligation has no claim to permanent appointment for the title that was temporarily filled. However despite this ruling, in its opinion the court did differentiate between temporarily filling a vacancy due to a disciplinary action versus a military leave of absence. It appears based on the courts reasoning that had the vacancy been temporarily filled due to the fact that the individual that occupied the permanent title were suspended for disciplinary reasons, the appellants would have had a legitimate claim to the permanent title. Expanded reasoning in this case would have been helpful to understand the direction of the court.
It is important to note that should a public safety officer occupy an elevated civil service title for a period of time due to the fact that the permanent title holder is suspended from employment for disciplinary infractions, the court may entertain a cause of action that the individual that is temporarily occupying the position may have a legitimate claim to the title of employment.
