PERSONNEL
MERIT SYSTEM BOARD
Selection and Appointment; Leaves, Hours of Work and Employee Development; Layoffs
Proposed Amendments: N.J.A.C. 4A:4-2.15, 7.1A, and 7.4; 4A:6-1.2, 1.3, and 3.5; and 4A:8-2.4.
Authorized By: Merit System Board, Rolando Torres, Jr., Commissioner, Department of Personnel.
Authority: N.J.S.A. 11A:2-6(d), 11A:4-1 et seq., 11A:6-1 et seq., 11A:8-1 et seq., and P.L. 2006, c. 77.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2007-253.
A public hearing concerning the proposed amendments will be held on:
2
Wednesday, August 29, 2007 at 3:00 p.m. Merit System Board Room 44 South Clinton Avenue Trenton, New Jersey
Please call Kelly Glenn in the Division of Merit System Practices and Labor Relations at (609) 292-6568 if you wish to be included on the list of speakers.
Submit written comments by October 5, 2007 to:
Henry Maurer, Director Merit System Practices and Labor Relations Department of Personnel P.O. Box 312 Trenton, New Jersey 08625-0312
The agency proposal follows:
Summary
3 P.L. 2006, c. 77, which took effect August 2, 2006, concerns intergovernmental transfers of law enforcement officers and certain rights they would have the option of retaining or waiving. Specifically, the law requires the Commissioner of Personnel to provide by rule for the intergovernmental transfer of law enforcement officers, including sheriff’s officers and county correction officers, as part of the existing Department of Personnel intergovernmental transfer program. The law further states that all such officers “… shall be granted all privileges under the intergovernmental transfer program, including the option to waive all accumulated sick leave and seniority rights.” The law also provides that law enforcement officers may waive accumulated sick leave and seniority rights, so long as written consent is obtained by the receiving jurisdiction, the affected employee, and the Department of Personnel. Finally, the law prohibits the sending jurisdiction from paying supplemental compensation for accumulated sick leave to any law enforcement officer approved for an intergovernmental transfer, including sheriff’s officers and county correction officers, but requires the sending jurisdiction to certify to the receiving jurisdiction and the Department of Personnel that no supplemental compensation was paid. Therefore, the Merit System Board proposes amendments to codify these provisions.
It is noted that, currently, the rules set forth an intergovernmental transfer program in which any permanent employee in a merit system jurisdiction may participate. An intergovernmental transfer is currently defined, in N.J.A.C. 4A:4-
4 7.1A(a), as the:
… movement of a permanent employee between governmental jurisdictions operating under Title 11A, New Jersey Statutes, or the appointment of an employee, by a governmental jurisdiction operating under Title 11A, within 90 days of the effective date of a layoff for reasons of economy or efficiency in which the employee is separated from service from another governmental jurisdiction operating under Title 11A.
The rules currently state that all employees eligible to participate in the program will retain their seniority for promotional, service, and layoff purposes except for employees permanent in the titles of police officer and firefighter, who will not retain such seniority for any purpose. While there is no specific provision permitting the waiver of seniority by an employee participating in the intergovernmental transfer program, all intergovernmental transfers are subject to written consent among the sending jurisdiction (if any), the receiving jurisdiction, and the Department of Personnel. It is noted that P.L. 2006, c. 77, does not address the rights of firefighters in an intergovernmental transfer.
N.J.A.C. 4A:4-7.1A, Intergovernmental transfers, would be amended to include a new paragraph (a)2. The new paragraph would provide that an optional waiver of
5 accumulated sick leave and seniority rights by a law enforcement officer, including a sheriff’s officer and a county correction officer, will require the written consent of the receiving jurisdiction, the affected employee, and the Department of Personnel.
N.J.A.C. 4A:4-2.15, Rating of examinations, would be amended at subsection (d). Currently, subsection (d) contains an absolute prohibition on the retention of continuous permanent service for promotional examination purposes accumulated prior to an intergovernmental transfer in the case of police officers and firefighters. Since P.L. 2006, c. 77 gives law enforcement officers the option to retain or waive their accumulated seniority for promotional examination purposes, the amendment would delete the absolute prohibition on retention of seniority for these purposes. Instead, the amended subsection (d) would include a cross-reference to a new subsection (e) that would provide that service accumulated prior to an intergovernmental transfer would only be deducted for promotional examination purposes for firefighters and any law enforcement officers, including sheriff’s officers and county correction officers, who elected to waive these rights in agreeing to an intergovernmental transfer.
The current N.J.A.C. 4A:4-2.15(e) through (j) would be recodified as subsections (f) through (k).
In N.J.A.C. 4A:4-7.4, Retention of rights, a proposed amendment at subsection (b) would delete language providing that police officers and firefighters in an
6 intergovernmental transfer do not retain their accumulated service for purposes of determining promotional, layoff or demotional rights. Subsection (b) would also be amended to provide a cross-reference to a new subsection (c), which would provide that, in an intergovernmental transfer, law enforcement officers, including sheriff’s officers and county correction officers, who waive all accumulated seniority rights, and firefighters, would not retain seniority for purposes of determining promotional, layoff or demotional rights and sick and vacation leave entitlements. Therefore, under the proposed amendments, police officers (and all other law enforcement officers, including sheriff’s officers and county correction officers) would retain rights under this rule section, so long as they do not waive the rights in accordance with N.J.A.C. 4A:4-7.1A. The current subsections (c) and (d) of N.J.A.C. 4A:4-7.4 would be recodified as (d) and (e).
N.J.A.C. 4A:6-1.2, Vacation leave, would be amended at subsection (c), regarding the definition of continuous service for purposes of calculating vacation leave entitlements, to delete the current provision prohibiting the retention of continuous service for purposes of calculating vacation leave in an intergovernmental transfer in the case of police officers or firefighters. The amendment would also include a crossreference to a new subsection (d) that would provide that such service would be deducted for purposes of calculating vacation leave entitlements for firefighters, as well as for any law enforcement officers, including sheriff’s officers and county correction
7 officers, who elect to waive these rights in agreeing to an intergovernmental transfer.
The current subsections N.J.A.C. 4A:6-1.2(d) through (j) would be recodified as subsections (e) through (k).
N.J.A.C. 4A:6-1.3, Sick leave, would be amended at subsection (f), regarding the accumulation of sick leave, to delete the current provision prohibiting the retention of accumulated sick leave from year to year without limit in an intergovernmental transfer in the case of police officers or firefighters. The amendment would also provide in a proposed new paragraph (f)1 that, in the case of an intergovernmental transfer, the sick leave of a firefighter, or a law enforcement officer, including a sheriff’s officer and a county correction officer, who has waived all accumulated sick leave, would accrue from the transfer’s effective date.
N.J.A.C. 4A:6-3.5, SCOR: Intergovernmental transfers, would be amended at subsection (b) to clarify that sick leave, accumulated both before and after a return to the sending jurisdiction, will only be utilized to compute SCOR entitlements upon the return of an employee to the sending jurisdiction where this circumstance is applicable. Additionally, a new subsection (c) is proposed which would prohibit the sending jurisdiction from paying SCOR to any law enforcement officer, including a sheriff’s officer and a county correction officer, approved for an intergovernmental transfer. The
8 proposed subsection (c) would also require that the sending jurisdiction in that instance certify to the receiving jurisdiction and to the Department of Personnel that no SCOR was paid.
N.J.A.C. 4A:8-2.4, Seniority, would be amended at subsection (b) to provide that a police officer’s continuous permanent service accumulated prior to an intergovernmental transfer shall be considered as continuous permanent service in the jurisdiction unless the police officer waives all accumulated sick leave and seniority rights in effecting the transfer. Subsection (h) is proposed for amendment to delete the introductory language prefacing tie-breakers in the case of equal seniority and to also delete the language that excepts, from use as a tie-breaker, service accumulated by a police officer or a firefighter prior to an intergovernmental transfer. Subsection (h) would be further amended to include new language introducing the order of priority in tie-breakers and requiring the inclusion of service accumulated prior to an intergovernmental transfer to be used in tie-breakers except in the case of firefighters and where a law enforcement officer, including a sheriff’s officer and a county correction officer, waives all accumulated seniority rights in the intergovernmental transfer. It is noted that the introductory tie-breaking language in subsection (h), while proposed for amendment, would not be substantively amended; the only substantive amendment in subsection (h) is proposed in the context of accumulated service prior to an intergovernmental transfer.
9 As the Board has provided a 60-day comment period for this notice of proposal, this notice is excepted from the rulemaking calendar requirements, pursuant to N.J.A.C. 1:30-3.3(a)5.
Social Impact
A positive social impact is anticipated as a result of the proposed amendments to N.J.A.C. 4A:4-2.15, 7.1A, and 7.4; 4A:6-1.2, 1.3, and 3.5; and 4A:8-2.4.
The proposed amendment to N.J.A.C. 4A:4-7.1A would ensure that, while a law enforcement officer, including a sheriff’s officer and a county correction officer, may exercise the option to waive accumulated sick leave and seniority rights, the waiver may only be effected through the written consent of the receiving jurisdiction, the affected employee, and the Department of Personnel. This requirement would have a positive social impact because it would prevent any claims that the employee waived such rights without documentary proof showing that such waiver was voluntary.
Presently, N.J.A.C. 4A:4-2.15 permits all continuous permanent service accumulated prior to an intergovernmental transfer to be used in calculating seniority for promotional examinations, except in the case of that continuous permanent service earned by police officers and firefighters. Amending the rule to conform it to P.L. 2006,
10 c. 77, and allow law enforcement officers to retain their continuous permanent service accumulated prior to an intergovernmental transfer for promotional examination scoring purposes, unless they waive such service in the transfer, would enhance promotional opportunities for law enforcement officers who have been
intergovernmentally transferred.
A positive social impact is also anticipated as a result of the proposed amendments to N.J.A.C. 4A:4-7.4, as they would inform appointing authorities as well as law enforcement officers that, should such officers waive their accumulated seniority rights in an intergovernmental transfer, they will not retain such rights for purposes of determining promotional, layoff or demotional rights.
A similar positive impact is anticipated as a result of the proposed amendments to N.J.A.C. 4A:6-1.2. Law enforcement officers would be able to retain their service credit accrued prior to an intergovernmental transfer for vacation leave purposes. It is only if they waive this service credit that they could not retain it in an intergovernmental transfer.
Similarly, law enforcement officers would enjoy a positive social impact by being able to retain their sick leave accumulated prior to an intergovernmental transfer in proposed amendments to N.J.A.C. 4A:6-1.3. It is only if they waive their accumulated
11 sick leave that they could not retain it in an intergovernmental transfer.
The proposed amendments to N.J.A.C. 4A:6-3.5, which would prohibit the sending jurisdiction from paying SCOR to any law enforcement officer who is approved for an intergovernmental transfer, and would require the sending jurisdiction to certify to that effect to the receiving jurisdiction and the Department of Personnel, would have a positive social impact. The sending and receiving jurisdictions would enjoy a positive social impact due to being aware of their specific obligations with respect to SCOR payments. A positive social impact would also result for the transferring law
enforcement officer who would not have an incorrect expectation of receiving a SCOR payment upon leaving the sending jurisdiction in an intergovernmental transfer.
Finally, a positive social impact is expected to result from the proposed amendments to N.J.A.C. 4A:8-2.4. As noted above, a law enforcement officer would be able to use continuous permanent service as a seniority tie-breaker when the service was accumulated with the sending jurisdiction. Again, certainty is the positive social benefit of the proposed amendments.
Economic Impact
A positive economic impact is anticipated with respect to the proposed
12 amendments to N.J.A.C. 4A:4-2.15, 7.1A, and 7.4; 4A:6-1.2, 1.3, and 3.5; and 4A:8-2.4.
The proposed amendment to N.J.A.C. 4A:4-7.1A would ensure that, while a law enforcement officer may exercise the option to waive accumulated sick leave and seniority rights, the waiver may only be effected through the written consent of the receiving jurisdiction, the affected employee, and the Department of Personnel. This requirement would have a positive economic impact on law enforcement officers because they would retain accumulated sick leave and seniority rights unless they executed a written waiver. Therefore, they would retain important rights in the areas of promotional scoring and layoffs and would be able to carry their sick leave with them.
Presently, N.J.A.C. 4A:4-2.15 permits all continuous permanent service accumulated prior to an intergovernmental transfer to be used in calculating seniority for promotional examinations, except in the case of that continuous permanent service accumulated by police officers and firefighters. Amending the rule to conform it to P.L. 2006, c. 77, and allow all law enforcement officers to retain their continuous permanent service accumulated prior to an intergovernmental transfer for promotional examination scoring purposes, unless they waive such service in the transfer, would enhance promotional opportunities for law enforcement officers who have been intergovernmentally transferred.
13 An economic impact is not anticipated as a result of the proposed amendments to N.J.A.C. 4A:4-7.4. The amendments would inform appointing authorities, as well as law enforcement officers that, should such officers waive their accumulated seniority rights in an intergovernmental transfer, they will not retain such rights for purposes of determining promotional, layoff or demotional rights. However, the waiver itself would not have a negative economic impact since such waiver would be entirely voluntary and therefore only agreed upon by the employee based on his or her economic needs.
A positive economic impact is anticipated as a result of the proposed amendments to N.J.A.C. 4A:6-1.2. Law enforcement officers would be able to retain their service credit accrued prior to an intergovernmental transfer for vacation leave purposes. It is only if they waive this service credit that they could not retain it in an intergovernmental transfer. Therefore, the proposed amendments to N.J.A.C. 4A:6-1.2 would preserve these employees’ ability to accrue vacation leave.
Similarly, law enforcement officers would enjoy a positive economic impact by being able to retain their accumulated sick leave accrued prior to an intergovernmental transfer in proposed amendments to N.J.A.C. 4A:6-1.3. It is only if they waive their accumulated sick leave that they could not retain it in an intergovernmental transfer.
The proposed amendments to N.J.A.C. 4A:6-3.5, which would prohibit the
14 sending jurisdiction to pay SCOR to any law enforcement officer who is approved for an intergovernmental transfer, and would require the sending jurisdiction to certify to that effect to the receiving jurisdiction and the Department of Personnel, would have a positive economic impact on the sending jurisdiction. This is because it would be certain to save the funds that it might otherwise pay were the employee retiring rather than intergovernmentally transferring. The proposed amendments to N.J.A.C. 4A:63.5 would not have an economic impact on the receiving jurisdiction, as its SCOR obligation with respect to the intergovernmentally transferring employee would not change; subsection (b) would still require that only the sending jurisdiction, upon the employee’s return, would pay SCOR based on sick leave accumulated both before and after the intergovernmental transfer. The receiving jurisdiction’s obligation would continue to be to pay SCOR to the intergovernmentally transferring employee in accordance with its existing policy. See N.J.A.C. 4A:6-3.5(a)1. However, a negative economic impact could result for the transferring law enforcement officer who, based on the policy of the receiving jurisdiction, might not be entitled to SCOR payments based on his or her sick leave accumulated both before and after the intergovernmental transfer.
Finally, a positive economic impact is expected to result from the proposed amendments to N.J.A.C. 4A:8-2.4. As noted above, a law enforcement officer would be able to use continuous permanent service as a seniority tie-breaker when the service
15 was accumulated with the sending jurisdiction. Having such service for use as a seniority tie-breaker could provide the employee with an advantage over other employees in calculating seniority in a layoff situation. Therefore, the employee would have a better chance of retaining employment in a layoff situation. This would be a clear economic benefit to the employee.
Federal Standards Statement
A Federal standards analysis is not necessary for the proposed amendments to N.J.A.C. 4A:4-2.15, 7.1A, and 7.4; 4A:6-1.2, 1.3, and 3.5; and 4A:8-2.4. The proposed amendments concern intergovernmental transfers of law enforcement officers, including sheriff’s officers and county correction officers. Therefore, the proposed amendments are governed solely by State law.
Jobs Impact
It is not anticipated that the proposed amendments would have any jobs impact. No jobs would be created or lost due to the proposed amendments.
Agriculture Industry Impact
16 It is not anticipated that the proposed amendments would have any agriculture industry impact. The proposed amendments concern intergovernmental transfers of law enforcement officers, including sheriff’s officers and county correction officers, and would not affect New Jersey’s agriculture industry.
Regulatory Flexibility Statement
A regulatory flexibility analysis is not required since the proposed amendments would have no effect on small businesses as defined under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. The proposed amendments would regulate employment in the public sector.
Smart Growth Impact
It is not anticipated that the proposed amendments would have any impact on the achievement of smart growth and the implementation of the State Development and Redevelopment Plan as defined under Executive Order No. 4 (2002).
Full text of the proposal follows (deletions indicated in brackets [thus]; additions indicated in boldface thus):
17
4A:4-2.15 Rating of examinations
(a) – (c) (No change.)
(d)
In calculating seniority for promotional examinations, continuous
permanent service accumulated prior to an intergovernmental transfer pursuant to N.J.A.C. 4A:4-7.1A (except [in the case of an intergovernmental transfer of a police officer or a firefighter] as provided in (e) below), voluntary furloughs and the following types of leaves shall not be deducted from seniority.
1.
All leaves with pay including sick leave injury (SLI);
2.
Military, educational, gubernatorial appointment, personal sick,
disability, family, furlough extension and voluntary alternative to layoff leaves of absence without pay; and
3.
In local service, leave without pay to fill elective office.
18 (e) In calculating seniority for promotional examinations, continuous permanent service accumulated prior to an intergovernmental transfer pursuant to N.J.A.C. 4A:47.1A shall be deducted from seniority for all firefighters, and for those law enforcement officers, including sheriff’s officers and county correction officers, who have waived all accumulated seniority rights in agreeing to an intergovernmental transfer.
[(e)] (f) Suspensions, other leaves of absence without pay not identified in (d) above, and any period an employee is laid off shall be deducted when calculating seniority.
1. In local service police and fire examinations, credit for record of service will be reduced by disciplinary suspensions received during the five year period immediately preceding the announced closing date.
[(f)] (g) Employees reappointed from a special reemployment list shall be considered as having continuous service for seniority purposes. However, the elapsed time between the layoff or demotion in lieu of layoff and reappointment shall be deducted from the employee's seniority.
[(g)] (h) When a municipality has a volunteer fire company and paid positions are created, any volunteer firefighter who has actively served for at least two years as
19 of the announced closing date is entitled to service credits in addition to his or her earned examination score. The highest possible score for examination performance shall be 100 percent, to which the service credit shall be added. Service credits shall be not less than three nor more than 10, and shall be added only to a passing score. The service credit shall be calculated by adding one point to the number of years of service: for example, add three points for two years of service, four points for three years of service, and so on. Any service time in excess of nine years shall be awarded the 10 point maximum.
[(h)] (i) The score earned by a candidate on an examination announced for more than one title area at a time shall be used for all examinations in those title areas for which the candidate files and is found eligible.
[(i)] (j) A candidate for an examination may be permitted to use an examination score for a period of time, or for more than one title or more than one test, as determined by the Department of Personnel.
[(j)] (k) Ties in final earned ratings shall not be broken.
20 4A:4-7.1A Intergovernmental transfers
(a) (No change.)
(b) An intergovernmental transfer shall require the consent in writing of the sending jurisdiction, if any, the receiving jurisdiction and the affected employee, and the approval of the Department of Personnel.
1. The receiving jurisdiction may waive its residency ordinance or resolution in consenting to receive a transferring employee, provided, however, transferring police officers and firefighters must maintain their New Jersey residency. See N.J.S.A. 40A:14-9.8 and 40A:14-122.8.
2. The optional waiver of accumulated sick leave and seniority rights by a law enforcement officer, including a sheriff’s officer and a county correction officer, shall require the consent in writing of the receiving jurisdiction, the affected employee, and the Department of Personnel.
(c) – (e) (No change.)
21 4A:4-7.4 Retention of rights
(a) (No change.)
(b)
An employee who is transferred in accordance with N.J.A.C. 4A:4-
7.1, intergovernmentally transferred ([other than an employee transferring to police officer or transferring to firefighter] except as provided in (c) below) in accordance with N.J.A.C. 4A:4-7.1A or is reassigned shall retain accumulated seniority or service for purposes of determining promotional, layoff or demotional rights and sick and vacation leave entitlements. In State service, an employee’s rate of compensation, anniversary date and administrative leave entitlements shall be retained.
(c) In the case of an intergovernmental transfer in accordance with N.J.A.C. 4A:4-7.1A, those law enforcement officers, including sheriff’s officers and county correction officers, who waive all accumulated seniority rights, and all firefighters, shall not retain such seniority for purposes of determining promotional, layoff or demotional rights and sick and vacation leave entitlements.
[(c)] (d) An employee who is permanently transferred due to a combining of
22 functions or operations of two or more organizational units shall retain promotional rights in the prior promotional unit scope only for promotional examinations he or she has filed for or taken.
[(d)] (e) An employee who is reassigned from one promotional unit scope to another shall retain no promotional rights in the former unit.
23 4A:6-1.2 Vacation leave
(a) – (b) (No change.)
(c) Continuous service, for purposes of this section, shall mean employment for the same jurisdiction, or, if the requirements of N.J.A.C. 4A:4-7.1A are met, employment for different jurisdictions (except [in the case of the intergovernmental transfer of a police officer and firefighter] as provided in (d) below), without actual interruption due to resignation, retirement or removal.
1. An employee who has been appointed from a special reemployment list shall be credited with any continuous service prior to the layoff in addition to continuous service subsequent to reemployment.
2. Periods of employment before and after a suspension or leave without pay shall be considered continuous service. However, the period of time on a suspension or leave without pay, except for military leave, furlough extension leave and voluntary furlough, shall not be included in calculating years of continuous service.
3. An unclassified State employee, who is reappointed following a layoff under
24 the provisions of a collective negotiations agreement, shall be credited with service prior to the layoff and shall continue to accrue service upon reappointment.
(d) Continuous service, for purposes of this section, shall not mean employment for different jurisdictions in the case of an intergovernmental transfer pursuant to N.J.A.C. 4A:4-7.1A of a firefighter, or where a law enforcement officer, including a sheriff’s officer and a county correction officer, has waived all accumulated seniority rights.
[(d)] (e) Part-time and 10-month employees shall be entitled to a proportionate amount of paid vacation leave. See N.J.A.C. 4A:3-3.8(e) for paid vacation leave to which State employees in intermittent titles are entitled.
[(e)] (f) In State service, vacation leave may be granted and shall be recorded and tracked in hours.
[(f)] (g) Appointing authorities may establish procedures for the scheduling of vacation leave. Vacation leave not used in a calendar year because of business necessity shall be used during the next succeeding year only and shall be scheduled to avoid loss of leave, provided, however, that:
25 1. In State service, vacation leave not taken by an employee in the career, unclassified or senior executive service in a given year because of duties directly related to a state of emergency declared by the Governor shall accumulate until, pursuant to a plan established by the employee's appointing authority and approved by the Commissioner of Personnel, the leave is used or the employee is compensated for that leave;
2. In State service, vacation leave not taken by an employee in the career, unclassified or senior executive service who is called to active duty in response to the continuing global war on terrorism, armed conflict with Iraq, or other areas of heightened tension throughout the world, including the defense of the Homeland Security of the United States, shall accumulate until, pursuant to a plan established by the employee's appointing authority and approved by the Commissioner of Personnel, the leave is used or the employee is compensated for that leave; and
3. In local service, vacation leave not taken in a given year because of duties directly related to a state of emergency declared by the Governor may accumulate at the discretion of the appointing authority until, pursuant to a plan established by the employee's appointing authority and approved by the Commissioner of Personnel, the leave is used or the employee is compensated for that leave.
26 [(g)] (h) An employee who leaves State government service or service with a local jurisdiction shall be paid for unused earned vacation leave, even if the employee has received an intergovernmental transfer in accordance with N.J.A.C. 4A:4-7.1A.
[(h)] (i) An employee who exhausts all paid vacation leave in any one year shall not be credited with additional paid vacation leave until the beginning of the next calendar year. See N.J.A.C. 4A:6-1.5(b)2 for State service.
[(i)] (j) Upon the death of an employee, unused vacation leave shall be paid to the employee's estate.
[(j)] (k) See N.J.A.C. 4A:6-1.22 for the donated leave program.
27 4A:6-1.3 Sick leave
(a) – (e) (No change.)
(f) Unused sick leave shall accumulate from year to year without limit, whether or not it was accrued prior to an intergovernmental transfer in accordance with N.J.A.C. 4A:4-7.1A, [except that the sick leave of a police officer or a firefighter who receives an intergovernmental transfer shall accrue from the effective date of the transfer] provided, however, that:
1. In the case of an intergovernmental transfer, a firefighter, or where a law enforcement officer, including a sheriff’s officer and a county correction officer, has waived all accumulated sick leave, the sick leave shall accrue from the effective date of the transfer.
(g) – (i) (No change.)
28
29 4A:6-3.5 SCOR: Intergovernmental transfers
(a) If an employee receives an intergovernmental transfer pursuant to N.J.A.C. 4A:4-7.1A, sick leave carried to the receiving jurisdiction, where applicable, shall be included in the computation of any SCOR payments made by the receiving jurisdiction.
1. The SCOR payment of a retiring employee shall be made in accordance with the receiving jurisdiction's policy (for example, in State service, in accordance with N.J.A.C. 4A:6-3.3).
(b) If an employee later returns to the sending jurisdiction, the employee shall have sick leave computed for SCOR purposes based on sick leave accumulated, where applicable, before and after the return.
(c) The sending jurisdiction shall not pay SCOR to any law enforcement officer, including a sheriff’s officer and a county correction officer, approved for an intergovernmental transfer, and shall certify to the receiving jurisdiction and the Department of Personnel that no SCOR was paid.
30 4A:8-2.4 Seniority
(a) (No change.)
(b) For police and fire titles in State and local service, seniority for purposes of this chapter is the amount of continuous permanent service in an employee's current permanent title and other titles that have (or would have had) lateral or demotional rights to the current permanent title. A police officer’s continuous permanent service accumulated prior to an intergovernmental transfer effected in accordance with N.J.A.C. 4A:4-7.1A, shall be considered as continuous permanent service in the jurisdiction unless the police officer waives all accumulated sick leave and seniority rights in effecting the transfer. Seniority shall be based on total calendar years, months and days in title regardless of work week, work year or part-time status.
1. A police title is any law enforcement rank or title where entry level employees are required by N.J.S.A. 52:17B-66 et seq. (Police Training Act) to complete a police training course.
2. A fire title is any uniform fire department rank or title.
31 3. If two or more employees in a police or fire title have equal seniority, the tie shall be broken in the order of priority set forth in (h) below, except that the fifth tiebreaking factor shall give priority to the employee with greater continuous permanent service, regardless of title.
4. A county or municipal appointing authority may elect to provide, through adoption of an ordinance or resolution, as appropriate, that employees in police and fire titles may exercise previously held demotional rights, pursuant to N.J.A.C. 4A:8-2.2 (f) against employees in any layoff unit in the jurisdiction. Such ordinance or resolution shall not be given effect during a layoff unless adopted at least 90 days prior to submission of the layoff plan (see N.J.A.C. 4A:8-1.4).
(c) – (g) (No change.)
(h) [If two or more employees have equal seniority, the tie shall be broken in the following order of priority (tie-breakers based on service shall include service accumulated prior to an intergovernmental transfer effected in accordance with N.J.A.C. 4A:4-7.1A, except in the case of an intergovernmental transfer of a police officer or a firefighter:] Tie-breakers based on service shall include service
accumulated prior to an intergovernmental transfer effected in accordance with N.J.A.C. 4A:4-7.1A, except for all firefighters, and except where a law enforcement
32 officer, including a sheriff’s officer and a county correction officer, waives all accumulated seniority rights in the intergovernmental transfer. If two or more employees have equal seniority, the tie shall be broken in the following order of priority:
1. A disabled veteran shall have priority over a veteran. A veteran shall have priority over a non-veteran (see N.J.A.C. 4A:5-1);
2. The employee with the higher performance rating shall have priority over an employee with a lower rating, provided that all tied employees were rated by the same supervisor. In local service, the performance rating system must have been approved by the Department of Personnel;
3. The employee with the greater amount of continuous permanent service in the employee's current permanent title and other titles that have (or would have had) lateral or demotional rights to the current permanent title, shall have priority. An employee appointed to a previously held title pursuant to N.J.A.C. 4A:8-2.2 (f) shall have all permanent continuous service in that title aggregated for seniority purposes;
4. The employee with the greater seniority in the title before a break in service shall have priority;
33 5. The employee with greater non-continuous permanent service, regardless of title, shall have priority;
6. The employee who ranked higher on the same eligible list for the title shall have priority;
7. The employee with greater continuous service as a provisional, temporary or interim appointee in the subject title shall have priority;
8. The employee with greater total service, regardless of title or status, shall have priority;
9. The employee with the higher performance rating during the 12 month period prior to the effective date of the layoff shall have priority over an employee with a lower rating. In local service, the performance rating system must have been approved by the Department of Personnel;
10. The employee with the higher performance rating during the period between 24 months and 12 months prior to the effective date of the layoff shall have priority over an employee with a lower rating. In local service, the performance rating system
34 must have been approved by the Department of Personnel;
11. Other factors as may be determined by the Commissioner.