As reported by nj.com, the Civil Service System governs how thousands of public employees in New Jersey are hired, promoted, and fired. Currently, employees receive jobs and move up based on examinations. But under the proposed changes, to be voted on by the State Civil Service Commission, some jobs would be grouped together as part of a “band,” allowing managers to move employees from one position to another without exams. The State says this will streamline promotions and save money.

Critics, though, say the changes would lead to cronyism, discrimination against women and members of minority, and make it harder for military veterans to obtain jobs and promotions. They also claim the Christie administration has tried to sneak the changes through by having the Commission hold only one hearing on the matter.  

The resolution (ACR199/SCR158) says the Civil Service Commission has 30 days to amend or withdraw the proposed changes, or the Legislature may vote on another resolution to “exercise its authority under the constitution” to invalidate them. The State Senate passed the resolution 24-13 and the State Assembly passed it 46-32.

According to the resolution, the State Constitution says that appointments and promotions within the Civil Service System must be made “according to merit and fitness” through competitive examinations. “In order to best serve the public, government requires competent professional employees who are hired through a fair process,” Assemblywoman Linda Stender, the resolution’s co-sponsor, said in a statement. “Civil Service is in place to constitutionally guarantee public access to publicly funded jobs. We must have safeguards in place to ensure that elected or appointed officials do not turn public employment into their own personal hiring agency.”  

Christie said last week that despite what critics claim, the changes would not eliminate a rule that gives military veterans first shot a public jobs. The Commission, a panel of five members appointed by Christie, has not yet announced when it will vote on the changes.

The Communications Workers of America, the State’s largest public employees union and one of the most vocal critics of the proposed changes, released a statement praising the resolution. “We’re heartened the Democrats are holding the Christie Administration accountable for his attempt to hold back veterans, the disabled, women, people of color and LGBT workers while opening the floodgates to cronyism and patronage.”

Tags: Articles, Christie, civil service commission, job banding, Legislature, NJ Constitution, NJ Public Safety Officers
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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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