Disciplinary Appeals-Grievances

 

Public Civil Service Employees are entitled to notice of charges and a disciplinary hearing before major discipline may be imposed. The New Jersey Administrative Code sets forth the process by which an appeal from disciplinary action may be appealed. It is as follows:

 

 

4A:2-2.8 Appeals to Civil Service Commission

 

(a) An appeal from a Final Notice of Disciplinary Action must be filed within 20 days of receipt of the Notice by the employee. Receipt of the Notice on a different date by the employee's attorney or union representative shall not affect this appeal period. 

 

(b) If the appointing authority fails to provide the employee with a Final Notice of Disciplinary Action, an appeal may be made directly to the Commission within a reasonable time.

 

(c) The appeal shall be substantially similar in format to the Major Disciplinary Appeal Form illustrated in the subchapter Appendix, incorporated herein by reference, and the employee shall provide a copy of the appeal to the appointing authority. The employee shall attach to the appeal a copy of the Preliminary Notice of Disciplinary Action and, unless (b) above is applicable, the Final Notice of Disciplinary Action. The appeal shall also include the following information:

 

  • The name, title, mailing address and telephone number of the appointing authority representative to whom the notices were provided;

  • The employee's name, mailing address and telephone number; and

  • The action that is being appealed.

 

 

(d) The employee should also include a statement of the reason(s) for the appeal and the requested relief.

 

(e) Failure of an employee to provide the information specified in (c) above shall delay processing of the appeal until the required information is provided, may result in a reduced back pay award pursuant to N.J.A.C. 4A:2-2.10(d)4, or may result in dismissal of the appeal after notice of and a reasonable  opportunity to provide the missing information.

 

(f) See N.J.A.C. 4A:2-2.13 for removal appeals by certain law enforcement officers and firefighters.

 

 

 

Public Employees who are not civil service employees are covered generally under New Jersey Statute Title 40A. The particular provision of Title 40A depends on the career of the employee. For instance, a municipal police officer is covered under Title 40A:14-147 through -155; municipal firefighters are covered under Title 40A:14-22.

 

 

 

 

DOUGLASS 

EMPLOYMENT LAW GROUP

Douglass Law Group

207 Shore Road, Suite 2.

Somers Point, NJ 08244

T:201-422-5980

T: 609-788-3595

F:609-788-3599

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