As reported by nj.com, with only four days left to file a formal protest, military veterans became the latest group to publicly speak out against the Christie Administration’s proposed changes to the New Jersey Civil Service System. About a dozen veterans joined the more than 100 protestors who packed the Assembly State Government Committee’s public hearing in Trenton today, saying they fear the proposal will make it harder for those who served in the military to land public jobs.

Civil Service rules govern the hiring, promotion, and firing of thousands of public workers across the State. Employees are currently hired and promoted based on examinations. Under the changes, some jobs would be grouped together as part of a “band,” allowing managers to move employees from one position to another without the need for exams. The State says that will streamline promotions and save money.

However, opponents claim that the changes would lead to favoritism, political patronage, and discrimination against blacks, gays, women, and other minority groups. Critics also fear the proposal would eliminate veterans’ preference, a program that helps former military members obtain civil service jobs. Currently, managers cannot pass over a veteran for a non-veteran or a disabled veteran for a non-disabled veteran.

The public has until May 17 to comment on the proposal. The Civil Service Commission, a panel of four members appointed by the Governor, will then vote on whether to adopt the changes. Critics also complained the Commission held only one public hearing on the matter, and none of the Commission’s members were present. Thus, Assemblywoman Linda Stender said the Assembly State Government Committee called yesterday’s meeting to give protestors another outlet. She said members of the Commission were invited to the hearing, but they declined to attend.

Stender and her fellow Democrats on the Committee lashed out against the proposal. ‘We’re talking about public dollars, about public access in a fair, competitive way to public jobs,” said Stender. “If you eliminate the tests and broad-band these titles, if you don’t protect veterans and equal opportunity, you’ve gutted the system.” Neither the State Assembly nor Senate has a formal say in the Commission’s vote, but Stender said she may introduce a resolution to protest the changes.

“Who is for nepotism and cronyism and (the idea that) the person is only qualified to get the job because the boss likes me and I make a great lunch date,” asked Assemblyman Herb Conaway, Jr.  “We know these things happen. That’s why we have a civil service system in the first place-to stop that stuff. We’re walking a century backwards.”

Tags: Articles, civil service, civil service commission, civil service reform, job banding, NJ Public Safety Officers, protests
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Photo of Donald C. Barbati Donald C. Barbati

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault. In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.

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